Being a Dissertation submitted in partial fulfilment of the requirements of the Magister Technologae Public Management to the Department of Public Management and Law in the Faculty of Business at the Peninsula Technikon, 2002 / Restitution is a constitutionally mandated programme aimed at redressing the injustices of the apartheid era. Land rights are being addressed via a legal administrative process in order to make some form of reparation. The mission of the Commission on the Restitution on Land Rights is to have persons or communities, in the Western Cape province, who were dispossessed of property after 19 June 1913 as a result of past racially discriminatory laws or practices, restored to such property or receive just and equitable redress. The restitution process is the first programme in South Africa that aims to restore people to the land from where they were dispossessed. The processes and procedures involved are very complex, which could result in slow delivery. The research attempts to determine the impact of monetary compensation as a form of land restitution on the current life-styles of Paarl residents. The research will focus on financially settled claims. The reason for selecting Paarl as a case study was because of the demographics and diversity of the region. This study also includes the history of forced removals in South Africa as well as the local international restititution processes. The study has a descriptive approach. Primary data will be collected by means of questionnaires based on the living standard measurement. The questionnaires will focus on the life-styles of people prior to dispossession and their life-styles after receiving their restitution awards. This study may provide a positive or a negative critique on the restitution process. The study attempted to determine whether restitution provides a better quality of life to the disadvantaged, displaced people of our country and provides an indicator for future similar endeavours.

L.LM. (International Commercial Law) / Please refer to full text to view abstract

In 1994, South Africa’s political dispensation changed when the African National Congress (ANC) came into power. For most people, that meant that their aspirations and wishes would be fulfilled. The main objective of the new government was to redress past imbalances. The land question was one item on their agenda. In South Africa, land ownership has long been a source of conflict. The South African history of dispossession and forced removals and racially–skewed distribution of land resources has left Africans with a complex and difficult legacy (Christopher,1987).The issue of land had been an emotional issue affecting many people in South Africa. The struggle for land and access to land in South African history gave rise to many conflicts and loss of lives. The restitution of land rights in South Africa has been a highly contentious and emotive issue. The pain, anger and frustration of those affected by the implementation of racially based discriminatory measures of the past, cannot be denied. Confronting and redressing the anguish of the past has proven to be central to the process of reconciliation within a transformed political dispensation in South Africa (South African White Paper on Land, 1991a). The Constitution of South Africa and The Restitution of Land Rights Act (Act No. 22 of 1994) have firmly established the rights to claim restitution in accordance with the provision of justice and equity for all South Africans. During such a long process, it has been noticed in the suburb of Fairview, Port Elizabeth that some claimants ultimately received their land and compensation, some died before they received absolutely nothing and some old, poor and illiterate claimants are still struggling to claim their land or compensation. Fairview was formerly known as Baakens River Farm in 1810. It was situated far from the city centre and formed part of the Walmer Municipality. Initially, it was owned by John James Besny. In 1826 the farmer was bought by John Parkin and he later sold half 2 of it to Robert Newcombe before 1849. Robbert Newcombe named his half of the farm Fairview (Harradene, 2000). In 1933, Fairview became part of the Walmer Municipality. In 1967 Walmer became part of the Port Elizabeth Municipality. Fairview developed as a township of low density and became increasingly heterogeneous in nature. Davies (1971:10) claimed that the largest concentration of properties were owned and occupied by Coloured people, followed by Chinese, Blacks and Indians. The majority of the residents were Coloured. According to Sampson (1994), the plot sizes in Fairview were relatively large, either 0,8 ha or 0,2ha. Sampson also claimed that no business sites were distinguished, but businesses were established by the Chinese on residential plots. During the apartheid era, Fairview was one of the lands declared as a “Controlled Area”. The Group Areas Act also affected Fairview, even though the removal of the people in Fairview was not as pressing as it was to other suburbs due to its location at a relative distance from the city (Davies, 1970). As a result an increase in the Coloured population in Fairview was noticed between 1960 and 1970 as people faced eviction from central city areas such as South End. The people moved to Fairview with the hope that the area would be proclaimed a Coloured area. Unfortunately for those who ran to Fairview, people in Fairview were also removed from 1970s to other areas like New Brighton Location and other areas in Korsten. The last removal of people in Fairview took place in 1984 (Eastern Province Herald, 26 October 1996). After 1994, the introduction of the Restitution of Land Rights Act made provision for the establishment of a Commission on the Restitution of Land Rights and a Land Claims Court to adjudicate all claims lodged with the Commission as from 1 May 1998 (Land Info., 1996). Disputes with land owners over prices, validity of the claims and resistance to give away land, led to referral of some claims to the Land Claims Court. Although some research has been undertaken on Fairview, there is a vacuum of research into the problems faced by claimants in this area. The problems faced by claimants meant that some died while they were still busy with the process and some are still struggling to make a claim, and recently some were successful. 3 The focus of this study is to examine the process of the Fairview land claim, and as a recommendation, I wish to come up with suggestions for making the process easier for claimants.

There is a strong belief amongst human resource specialists, professionals and academics that strategic human-resource management is critical to the success of the business and wellbeing of employees, and the organisation in which they work. There are two sides to human resources, as a strategic partner: Firstly, how it looks and portrays itself; and secondly, how the organisation views the importance of its human capital. Ulrich, Younger, Brockbank and Ulrich (2012) and the RBL Group (2012) identified six human-resource competencies for human resource (HR) practitioners. These not only identify the role they play in an organisation; but they also assist an organisation in achieving its objectives. These competencies, which apply to all HR practitioners, are: strategic positioner, change champion, credible activist, capability builder, technology proponent, innovator, and integrator. The implementation of the Government Immovable Asset Management Act No.19 of 2007 (GIAMA), and its policy implementation, are critical to infrastructural developments, economic development, and skills development, redressing any imbalances from the past and current history, and also developing a public service that assists the country in being internationally competitive. An HR practitioner with a worldview is critical in facilitating one of the most important transformative pieces of legislation. The research problem in this study is to investigate the role of human resources in the implementation of GIAMA and its policy framework in the Eastern Cape Province’s Port Elizabeth Regional Office by the National Department of Public Works. To achieve this objective, a quantitative study was undertaken on the role of human resources as a “strategic partner”. It involved an extensive literature review to assess the role of strategic human resources. An empirical study was later conducted to investigate the role of human resources in the Port Elizabeth Regional Office (from the National Department of Public Works); and how well this office succeeds in playing its assigned role. The conducted survey was compared with the literature review, to determine whether the Port Elizabeth Regional Office’s human resources are in line with the objectives of being a “strategic partner”. The overall findings revealed that the role of human resources is not that of a “strategic partner”. It also revealed that of the six competencies identified by Ulrich et al. (2012) and the RBL Group (2012), none of them could really be viewed as strategic. Notwithstanding the progressive pieces of legislation, it was appalling to receive the outcome, which indicated organisational failure for the past six years (see Figure 1.1). The conclusion of the study indicated that the Port Elizabeth Regional Office (from National Department of Public Works) must implement legislative recommendations as a starting point, and grow from there. The legislation and regulations are very supportive, and encourage innovative thinking – to achieve government goals – and to be on a par with the private sector.

Most organisations nowadays want to build offices that are cost effective, but at the same time they forget to consider the impact of IEQ on the occupants’ wellbeing and performance. These offices are equipped with air-conditioners, which may impact negatively on performances if not monitored, controlled and maintained. An occupant’s performance may be accelerated or reduced, based on the effectiveness of IEQ in the office buildings. It is imperative that the employer or management create a work environment that is conducive to the occupants’ needs, so that the occupants may be able to improve their work performance that often yields increased productivity. The main aim of the study was to investigate the efficiency of a building’s Indoor Environmental Quality (IEQ) and how it affects workers with regard to productivity. The objectives of the study were: to determine the level of satisfaction of the occupants in terms of the IEQ, evaluate the effects that the current IEQ of the building has on the productivity of the occupants, and proffer solutions to identified problems so that the building performance can be improved, and similar future buildings can be improved upon in terms of IEQ. Post Occupancy Evaluation (POE) was utilised to conduct the evaluation. This will help stakeholders and managements to ensure that past mistakes committed are not repeated in the future buildings. POE analyses IEQ related to Indoor Air Quality (IEQ), thermal comfort, occupant’s satisfaction and occupant performance and productivity. There is a correlation between different indoor parameters of the occupants’ satisfaction, health and productivity at the workplace. For these correlations to complement each other successfully, IEQ factors must be conducive to human wellbeing. Workplace environments are perceived as unsafe and unhygienic. This situation is caused by poor planning of workstations, low indoor air quality, inappropriate lighting in the office, lack of ventilation and insufficient safety measures. In particular, findings of this study demonstrate the low level of occupants’ satisfaction with regard to office buildings in the Country Club Estate, Johannesburg. The results from this study show that POE is perceived to be completely new to occupants of the Country Club Estate. Management or stakeholders have a huge task ahead to address the benefits of implementing POE and to face the consequences if POE is not implemented.

This thesis argues that 1994 did not mark a point of absolute discontinuity in the history of South Africa. More specifically, it asserts that 1994 did not signal the end of segregationism; instead of democracy leading to national integration, the Bantustans are still governed and managed differently from the rest of the country. Consequently, it is no surprise that they remain mired in pervasive, debilitating poverty fifteen years after 1994. In insisting that contemporary South Africa is old (rather than new), the thesis seeks to make a contribution to political struggles that aim to bring to an end the segregationist past-in-the-present. The thesis is arranged in seven chapters. The first chapter considers the crisis that has engulfed South Africa historiography since 1994. It traces the roots of the crisis back to some of the fundamentals of the discipline of history, such as empiricism, neutrality and historicism. It suggests that the way to end the crisis, to re-assert the relevance of history, is for historians to re-invoke the practice of producing histories of the present, in an interested, deliberate manner. Chapter 2 narrows down the focus of the thesis to (past and present) property. It suggests that instead of understanding the constitutional protection of property rights and installation of a restitution process as the product of a compromise between adversarial negotiators, these outcomes are more correctly understood as emanating from consensus. The third chapter outlines the implementation of the restitution programme from 1994 to 2008. The productive value of restitution over this period is found not in what it has delivered to the claimants (supposedly the beneficiaries of the programme), but rather in its discursive effects related to citizenship in the new South Africa. Chapter 4 considers the exclusion of dispossession that was implemented in the Bantustans from the restitution programme. It argues that this decision was not an oversight on the part of the post-1994 government. Instead it was consistent with all other key policy decisions taken in the recent period. The Bantustans have been treated differently from the rest of South Africa; they have been deliberately under-developed, fabricated as welfare zones, and subjected to arbitrary customary rule. Whereas Chapters 2 to 4 look at the production of historical truth on the side of domination, Chapter 6 and 7 consider production on the side of resistance. Specifically, they describe and analyse the attempts of an NGO to establish the truths of betterment as dispossession, and post-1994 prejudice against the victims of betterment dispossession. They serve as case studies of third party-led processes that seek to produce truth-effects from within a prevailing truth regime. The final chapter attempts to bring many of the threads that weave through the thesis together, by means of a critical consideration of human rights discourse. The chapter calls on intellectuals to establish truths in relation to the history of ongoing human wrongs in South Africa (as opposed to the rainbow narrative of human rights) Finally, the thesis includes a postscript, comprising technical summaries of each of the chapters.

Magister Legum - LLM / This thesis discussed the subjects of bioprospecting and the protection of traditional knowledge. At first the international approach to the subjects was elaborately discussed. The focus was on the respective provisions of the United Nations Convention on Biological Diversity and the related Bonn Guidelines, stressing the matter of access to genetic resources and the fair and equitable sharing of benefits arising from their utilization. Enclosed in this discussion was the examination of different legislatory approaches to tackle the subject with an emphasis on national intellectual property rights laws and the role and potential merit of national registers of and databases for specific traditional knowledge. The way national legislators have implemented the concerned obligations of the convention, and their peculiarities as for example the restriction of scope of law to indigenous biological resources, was exemplified with the respective Bolivian, South African as well as Indian laws. / South Africa

Includes bibliographical references. / The essential purpose of this study is to assess the effect of action by the State, both legislative and judicial, on the value and utilisation of land and buildings; it does not set out to provide a general statement on the principles of land economics. The boundaries of the subject matter have been established by problems arising in the professional practice of a property economist in South Africa, rather than on any a priori basis. The title "Economic and Legal Aspects of Real Estate with particular reference to South Africa", may imply a broader examination than has in fact been made. At the outset therefore it must be stated that there are other matters which might well have been embraced by such a title, but which were not objectives of this study - for example the policy of successive governments towards the utilisation of land by Non-Whites.

A research Report submitted to the Faculty of Engineering and the Built Environment, University of the Witwatersrand, in partial fulfilment of the requirements for the degree of Master of Science in Property Development and Management, September 2018 / Corporate real estate is required by firms to operate business and this can either be owned or leased. Either option requires substantial amounts of money. Despite this fact most studies conducted have focussed on tangible corporate assets in general and not corporate real estate in particular, the reason put forward being that this asset type has diverse intangible aspects which makes the own or lease equation a complex one. South Africa is the second largest economy on the continent and has a real estate market rivalling that of European countries by size; these facts are reason enough to support investigating the real estate market in detail. Gauteng Province accounts for 34.4% of the country’s GDP and 23% of this is from the industrial sector. This study, which is based on a 2011 UK study by Barkham and Park, sought to establish whether non-financial factors play a key role in the decision to own or lease industrial real estate in Gauteng Province. The study used an empirical approach using Thematic Network analysis to explore the non-financial determinants of owning or leasing industrial real estate from data obtained from 4 firms. Findings reveal that both financial and non-financial determinants are considered in the LVB decision for industrial CRE in Gauteng. Ranking of these factors showed that 3 of the four respondents ranked the non-financial ones first followed by some financial ones. It is suggested that further research be conducted to cover a larger population i.e. industrial firms in the major cities with a large industrial presence country wide. Additionally one which includes different firm sizes and a mixed method for data collection and analysis. / XL2019

Thesis (LLD)--Stellenbosch University, 2012. / Includes bibliography / ENGLISH ABSTRACT: The forced transfer of immovable property to enforce judgment debts by way of sale in execution has constitutional implications. Firstly, if the property is residential, section 26 of the Constitution (the housing clause) raises the question whether the current legal framework takes sufficient account of the imperative to respect people‟s access to adequate housing. Read with section 36 (the limitation clause), the requirement is that someone‟s home may only be violated if the result is proportionate based on all the relevant circumstances. Secondly, since the home qualifies as “property” for purposes of the section 25 (the property clause), the law that regulates this forced sale may not permit the arbitrary deprivation of property. In other words, it is necessary to also investigate whether the sale in execution of debtors‟ property satisfies the section 25(1) non-arbitrariness test. Therefore, the research problem that this dissertation addresses revolves around the implications of sections 25 and 26 of the Constitution for the “normal” sale-in-execution process. More specifically, the scope of the investigation is limited to forced transfers of residential property as a result of mortgage foreclosure. What makes this perspective interesting is that, in addition to the debtor‟s constitutional rights, the creditor also enjoys constitutional protection by virtue of the limited real right (the mortgage) that is registered over the debtor‟s home. This real security right is also “property” that is worthy of recognition under section 25. To the extent that the National Credit Act places obstacles in the way of creditors‟ right to enforce their debts, this interference may also amount to a deprivation of property, which must satisfy the requirements of the property clause. This dissertation shows that the traditional common law framework of mortgage foreclosure does not give full effect to debtors‟ sections 25 and 26 rights. Nevertheless, based on the subsidiarity principles, I argue that a development of the common law or the creation of unique constitutional defences is not called for. The reason for this submission is that the debt relief mechanisms of the National Credit Act already provide constitutionally appropriate relief for debtors who face the loss of their properties. The available mechanisms – including debt review, debt rearrangement and the right to reinstate credit agreements – are aimed at resolving the root of mortgage foreclosure, namely over-indebtedness. This approach will ensure that mortgage foreclosures have a constitutionally valid and proportionate effect on the rights of both parties to the mortgage relationship. / AFRIKAANSE OPSOMMING: Die afdwinging van vonnisskulde by wyse van die verkoop in eksekusie van onroerende eiendom is ‟n gedwonge oordrag van eiendom met grondwetlike implikasies. Eerstens, waar die eiendom residensieël is, verg artikel 26 van die Grondwet (die behuisingsklousule) dat die huidige regsraamwerk voldoende rekenskap sal gee van die opdrag om mense se toegang tot geskikte behuising te respekteer. Saamgelees met artikel 36 (die beperkingsklousule), mag daar slegs op iemand se reg van toegang tot behuising inbreuk gemaak word indien die impak regverdigbaar is met inagneming van al die relevante omstandighede. Tweedens, aangesien die huis kwalifiseer as “eiendom” vir doeleindes van artikel 25 (die eiendomsklousule), mag die regsreëls wat eksekusieverkope reguleer nie arbitrêre ontnemings van eiendom toelaat nie. Met ander woorde, dit is nodig om ondersoek in te stel of die verkoop in eksekusie van skuldenaars se wonings aan artikel 25(1) se nie-arbitrêrheidstoets voldoen. Die navorsingsprobleem behels dus die implikasies van artikels 25 en 26 van die Grondwet vir die “normale” verkoop-in-eksekusie proses. Die omvang van die ondersoek is spesifiek beperk tot oordragte van residensiële eiendom as gevolg van die oproep van verbande. Wat hierdie perspektief verder interessant maak, tesame met die feit dat skuldenaars grondwetlike regte het, is die feit dat skuldeisers ook grondwetlike beskerming geniet ten aansien van die beperkte saaklike reg (die verband) wat geregistreer is oor die skuldenaar se huis. Hierdie saaklike sekerheidsreg is ook “eiendom” wat erkenning verdien in terme van artikel 25. Vir sover as wat skuldeisers se vermoë om hul skulde af te dwing deur die Nasionale Kredietwet aan bande gelê word, mag hierdie beperkinge moontlik ook op ‟n ontneming van eiendom neerkom. Gevolglik moet hierdie skuldverligtingsmeganismes ook aan die vereistes van die eiendomsklousule voldoen. Hierdie proefskrif wys daarop dat die tradisionele gemeenregtelike raamwerk vir die oproep van verbande nie ten volle effek gee aan skuldenaars se regte onder artikels 25 en 26 nie. Nietemin, met beroep op die subsidiariteitsbeginsels argumenteer ek dat ‟n ontwikkeling van die gemenereg of die skep van unieke grondwetlike remedies nie in hierdie konteks toelaatbaar is nie. Die rede hiervoor is dat die Nasionale Kredietwet se skuldverligtingsmeganismes reeds voorsiening maak vir grondwetlik aanvaarbare verligting vir skuldenaars wat deur die moontlike verlies van hul eiendomme in die gesig gestaar word. Die beskikbare maatreëls – insluitend skuldhersiening, skuldherstrukturering en die reg om kredietooreenkomste te laat herleef – is gemik daarop om die oorsaak van verbandoproeping aan te spreek, naamlik oorverskuldigdheid. Hierdie benadering sal verseker dat die oproep van verbande ‟n grondwetlik geldige en proporsionele effek op die regte van beide partye het. / South African Research Chair in Property Law / National Research Foundation / Ciucci Bursary