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The contribution of municipal commonage to local people's livelihoods in small South African townsDavenport, Nicholas Ashbury January 2009 (has links)
To redress past discrepancies in land tenure, the ANC government acknowledged that land needs to be made accessible to the previously disadvantaged, announcing that commonage would be a pillar of their land reform programme. Municipal commonage is land granted by the state to municipalities for urban households to use. Presently many urbanites in South Africa seek a livelihood from commonage. However, there has been no livelihood valuation of the contribution commonage makes to previously disadvantaged households. Thus there is a need to calculate the benefits of the commonage programme. Through a two phase approach, this thesis investigated firstly, the proportion of township households which use commonage; and the main characteristics of those households. Secondly, the thesis looks at the extent to which commonage contributes to users' livelihoods and the dominant livelihood strategies pursued by user households. Data was collected for three towns in the Eastern Cape province of South Africa; Bathurst, Fort Beaufort, and Grahamstown. Firstly it was found that between 27-70% of households used commonage, with the largest town having the lowest proportion of users, and vice versa for the smallest town. In terms of household characteristics, each study town was unique. Both Bathurst and Grahamstown user households were poorer than non-using households, however all Fort Beaufort households were considered poor. To assess the benefits of the commonage programme, the marketed and non-marketed consumptive direct-use values of land-based livelihoods on commonage were calculated via the 'own reported values' method. Commonage contributions to total livelihoods ranged between 14-20%. If the contributors from commonage were excluded, over 10% of households in each study town would drop to living below the poverty line. Additionally, commonage was being used productively, with the productivity at each study town being worth over R1 000 per hectare and over R4.7 million per commonage. Finally, a typology of subsistence/survivalist commonage users is presented, with four types being identified. Overall, results suggest that commonage use has increased over the last decade. Moreover, due to food inflation and urbanisation the use of commonage is expected to increase further, highlighting the need for holistic commonage management plans to be created, which should include strategies such as sustainable grazing regimes and natural resource management.
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The protection of indigenous knowledge within the current intellectual property rights regime: a critical assessment focusing upon the Masakhane Pelargonium caseMsomi, Zuziwe Nokwanda January 2013 (has links)
The use of indigenous knowledge (IK) and indigenous bio-resources by pharmaceutical and herbal industries has led to concerns about the need to protect IK in order to prevent biopiracy and the misappropriation of indigenous knowledge and resources. While some commentators believe that intellectual property rights (IPR) law can effectively protect IK, others are more sceptical. In order to contribute to the growing debate on this issue, this study uses the relatively new and as yet largely critically unanalysed Masakhane Pelargonium case to address the question of whether or not IPR law can be used to effectively protect IK. It is argued here that discussion about the protection of IK is a matter that must be located within broader discussions about North-South relations and the continued struggle for economic and political freedom by indigenous people and their states. The Masakhane case suggests that IPR law in its current form cannot provide sufficient protection of IK on its own. Incompatibilities between IPR law and IK necessitate that certain factors, most important of which are land, organised representation, and what are referred as 'confidence and network resources', be present in order for IPR law to be used with any degree of success. The study also reveals various factors that undermine the possibility of using IPR law to protect IK. In particular, the study highlights the way in which local political tensions can undermine the ability of communities to effectively use IPR law to protect their knowledge. The thesis concludes with several recommendations that will enable indigenous communities and their states to benefit more substantially from the commercialisation of their bio-resources and associated IK.
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The property finance business in South AfricaWight, A. G. (Alan Gary) 11 1900 (has links)
Problem Statement:
The business of property finance has not been properly documented in South Africa.
Available resource material focuses on the perspective of the property developer and
investor largely neglecting the business of property finance. Thus comprehensive
information on this business was not available to students and researchers
This study set out to correct this deficiency.
Research Procedure:
Key property finance personnel in the major banks in the Republic of South Africa
were interviewed to establish how the business of property finance is conducted.
Jointly the interviewees represent 77% by volume of business over a period of two
years
A parallel process of literature research was undertaken to compliment the interview
research and provide technical depth to the findings.
Findings:
The empirical and literature research results were combined to comprehensively
document the processes, structures, systems, products / Business Management / M. Com. (Business Management)
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Case studies of the changing interpretations of land restitution legislation in South AfricaBelling, Frank Edward Albert 29 February 2008 (has links)
This study briefly discusses land restitution in several countries in Europe and the Americas, the history of land deprivation in South Africa, and the legislation introduced to remedy the inequality of land ownership.
Differing interpretations of the legislation in respect of the valuation of land to be purchased by the state for restitution purposes and the valuation formulae recommended at various times by the state and its advisors are discussed. Some of the problems encountered in the implementation of the South African restitution program, including the highly emotional expropriation/confiscation issues, are mentioned.
Three case studies based on these differing interpretations are given. The case studies illustrate the evolution of the interpretations of the legislation concerning land restitution valuations in South Africa. / School: Management sciences / M. Tech. (Real Estate)
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The provision of full ownership rights to Soweto households as a government service delivery priority in the new dispensationDube, Sibusiso Raymond 01 1900 (has links)
Land is a finite resource for sustainable livelihoods of the general population and the foundation of South Africa’s diverse culture. However, throughout our South African history, the land question has been a contentious, sensitive and emotive issue ever since the inception of the colonial era, thus the democratic dispensation views the Land Reform Programme as a panacea to the historical inequalities with regard to land ownership, distribution and forced removals, as well as viewing it as a tool to achieve socio-economic and political stability.
Since globally, land reform arose mainly because of inequalities of resources or to control resources,the overall view in South Africa is that land ownership can be optimally utilised for redistribution, reform, effective administration and for developmental purposes; and, as a result, change in land ownership, use and control has become imperative.
This study seeks to evaluate the democratic government’s intervention and the efficacy of the urban tenure reform programme in dealing with unequal and racial ownership of urban land in the old(pre 1994) former Black urban settlements such SOWETO, by investigating legislation and policy related to land ownership, and the current tenure and ownership system and status in both Zola and Orlando.Document analysis is a form of qualitative research used by the researcher to provide voice and meaning around an assessed researched topic, and findings further reveal the challenges faced in the implementation or execution phaseof the urban tenure remedial programme, and the current status and the remedial programme benefits, while recommendations are made in terms of systems and processes in order to accelerate service delivery, and with the emphasis of the importance of capacity building for stakeholders, including the benefiting community. misperception that the Land Reform Programme only relates to the “rural” areas and “the transfer of agricultural land from dissertation investigates the evolution of land tenure or ownership rights in the former black urban human settlements, looking at the discriminatory laws and policies of the past, consequent political resistance and other milestones as well as the democratic government’s interventions in this regard whites to ... / Public Administration / M. P. A.
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Aspects of the nature and online resolution of domain-name disputesHurter, Eddie 08 1900 (has links)
The thesis analyses selected aspects of domain-name law, mainly from the perspective
of trade-mark law. It discusses the evolution of the domain-name system and how it
operates as background to a more detailed discussion of the theoretical classification
of domain names. The thesis then examines the interplay between trade marks and
domain names, and the resolution of domain-name disputes resulting from the inherent
tension between these two systems. The main principles of domain-name dispute
resolution are identified by way of an analysis of the panel decisions handed down in
terms of the international Uniform Dispute Resolution Policy (UDRP) and the South
African domain name dispute resolution regulations. This analysis always addresses,
too, the extent to which national trade-mark law principles (with reference to the laws
of South Africa, the United Kingdom, and the United States of America) apply, and the
extent to which this is appropriate. / Private Law / LL.D.
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Simulated contracts and the transfer of ownership as a form of real security in South African lawTerblanche, Francis Stephen 10 1900 (has links)
Money lenders frequently use sale and lease back agreements as an
alternative to other more conventional forms of security. These
agreements are popular because they are simple and inexpensive to put
in place. Unfortunately, South African courts give legal effect to the true
intention of contracting parties. Sale and lease back agreements are
often held to be simulated contracts and as such they are enforced as
disguised pledges. One of the few alternative security options available to
money lenders, is a notarial bond registered in terms of the Security By
Means of Movable Property Act 57 of 1993. This act has been criticised
for creating an ineffective form of security that is costly and cumbersome
to put in place. It is suggested that the current security options available
to money lenders are supplemented with the creation of a more user
friendly public register for the registration of security interests. / Private Law / LL.M.
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Human capital disclosure in corporate annual reportsAdelowotan, Michael Olajide 19 May 2014 (has links)
It is generally acknowledged that human capital intangibles are major value drivers in the new economy characterised by information and technology. The main purpose of this study is to examine the extent to which companies listed on the Johannesburg Stock Exchange disclose information on human capital related issues. The study combined both qualitative (literature reviews and content analysis) and quantitative (survey questionnaire) methods to collect data of 60 corporate annual reports (CARs) of listed companies in South Africa from survey questionnaires administered on various categories of preparers and users of these CARs.
The study made use of 91 human capital disclosure checklists developed from literature reviews for the purpose of data collection. The data analysis was done with the aid of Atlasti-a qualitative data analysis software and SPSS- a quantitative data analysis software.
The findings show that majority of the items on the disclosure checklist are not yet disclosed in the CARs even though most of the items on the checklist are adjudged to be useful for organisational value creation. In view of the initial findings of this study, a human capital disclosure framework is recommended. / Business Management / D. Accounting Science
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The law giveth and the law taketh away : Marriages out of community of property excluding accrual post 1984/88Welsh, Shirley Anne Vera 11 1900 (has links)
Because women are predominantly responsible for childcare, men are the primary income
earners. Having acquired the marital assets, on divorce the husband would retain them in a
marriage out of community of property. The wife would be left deskilled, financially
dependent, with little likelihood of receiving spousal maintenance and with no marital assets.
In 1984 the Matrimonial Property Act and in 1988 the Matrimonial Property Law Amendment
Act introduced a judicial discretion to equitably redistribute marital assets in certain
marriages out of community. This dissertation argues that the bases for the limitation of the
judicial discretion to women married before a certain date are unsound and that the limitation
arguably violates the equality clause of the Constitution. / Law / LL.M.
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A comparison of Kenyan and South African law on security by means of movablesKoli, Natasha Mwende 16 October 2015 (has links)
This study compares the legal principles applicable in both South Africa and Kenya in the creation of security by means of movables. It identifies the forms of security that can be created in the two jurisdictions. The main focus will be on the creation, publicity, priority of security interest and enforcement of the said interests. The research will in addition establish the challenges (if any) that are encountered when creating security by means of movables in Kenya and identify practical solutions that can be adopted in order to improve the creation of security by means of movables in Kenya. / Private Law / LL. M. (Property Law)
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