This thesis aims to look at the agreement on Trade Related Intellectual Property Rights (TRIPS) with specific reference to their impact on South Africa's ability to combat HIV and AIDS. It begins by looking at the history of patents and intellectual property rights and illustrates why and how the TRIPS Agreement came into existence. The TRIPS Agreement exemplifies the disparities between developed and developing countries and this can clearly be seen with regard to the provision of anti-HIV and AIDS drugs. The developing world deals with the bulk of the HIV and AIDS epidemic whilst the developed world holds most of the patents on the medication needed to treat those living with HIV and AIDS. This situation lends itself to a rift between patient rights on the one hand, and patent rights on the other. Traditionally the state has been the provider of rights such as health, but TRIPS alters this to include strong patent protection that is in line with neo liberal doctrine. The thesis examines these tensions with specific reference to South Africa's ability successfully to implement programmes to combat HIV and AIDS.

This thesis deals with the conceptualization of access to land by the dispossessed as a human right and commences with an account of the struggle for land between the peoples of African and European extractions in South Africa. It is observed that the latter assumed sovereignty over the ancestral lands of the former. The thesis discusses the theoretical foundation of the study and situates the topic within its conceptual parameters. The writer examines the notions of justice and equity in the context of the post apartheid constitutional mandate to redress the skewed policy of the past. It is argued that the dispossession of Africans from lands that they had possessed for thousands of years on the assumption that the land was terra nullius was profoundly iniquitous and unjust. Although the study is technically limited to dispossessions occurring on or after the 13th June 1913, it covers a fairly extensive account of dispossession predating this date. This historical analysis is imperative for two reasons. Besides supporting the writer’s contention that the limitation of restitution to land dispossessed on or after 1913 was arbitrary, it also highlights both the material and non-material cost of the devastating wars of dispossessions. The candidate comments extensively on the post apartheid constitutional property structure which was conceived as a redress to the imbalance created by dispossession. This underlying objective explains why the state’s present land policy is geared towards facilitating access to land for the landless. The thesis investigates the extent to which the present property structure which defines access to land as a human right has succeeded in achieving the stated objective. It reviews the strengths and weaknesses of the land restitution process as well as the question of the payment of just and equitable compensation for land expropriated for restitution. The latter was carefully examined because it plays a crucial role in the success or otherwise of the restitution scheme. The writer argues that the courts have, on occasions, construed just and equitable compensation generously. This approach has failed to reflect the moral component inherent in the Aristotelian corrective justice. This, in the context of South Africa, requires compensation to reflect the fact that what is being paid for is land dispossessed from the forebears of indigenous inhabitants. It seems obvious that the scales of justice are tilted heavily in favour of the propertied class whose ancestors were responsible for this dispossession. This has a ripple effect on the pace of the restitution process. It also seems to have the effect of favouring the property class at the expense of the entire restitution process. The candidate also comments on the court’s differing approaches to the interpretation of the constitutional property clause. The candidate contends that the construction of the property clause and related pieces of legislation in a manner that stresses the maintenance of a balance between private property interest and land reform is flawed. This contention is supported by the fact that these values do not have proportional worth in the present property context of South Africa. The narrow definition of “past racially discriminatory law and practices” and labour tenant as used in the relevant post apartheid land reform laws is criticized for the same reason of its uncontextual approach. A comparative appraisal of similar developments relating to property law in other societies like India and Zimbabwe has been done. The writer has treated the post reform land evictions as a form of dispossession. The candidate notes that the country should guard against allowing the disastrous developments in Zimbabwe to influence events in the country and calls for an amendment of the property clause of the constitution in response to the practical difficulties which a decade of the operation of the current constitution has revealed.

This dissertation critically examines how traditional leaders use cultural laws to allocate land to women and to allow women to participate in land administration in communal areas. Given the government's commitment to gender equity in all spheres of life as stipulated in Section 9 (3) of the South African Constitution (Act 108 of 1996), the dissertation examines whether related legislation and policy (such as CLARA and TLGFA) alone can guarantee equitable access to land for women and their participation in land administration structures in communal areas where patriarchy dominates. In essence, the study interrogates whether state intervention through formalizing laws that govern land matters do achieve gender equity while cultural laws still exist in communal areas. Based on the view that land in communal areas is held by the state and administered by traditional leaders who have historically discriminated against women, the dissertation employs a case study method to examine whether cultural laws are exercised when women apply for a piece of land at the three levels of traditional authority viz: village, sub-village and traditional council levels in the Matolweni village of the Nqadu Tribal Authority. Although women are often the de facto rights holders in rural areas as a result of male migration to urban areas, findings seem to indicate that it is difficult and/or sometimes impossible to translate paper laws into practice while cultural laws are still operating. For effective transformation to occur, the study recommends that unless a strong women's rural movement emerges, coupled with a socialist feminist position that advocates for a radical transformation of rural society to defeat the patriarchal norms and standards, traditional leaders will continue to discriminate against women in land issues.

MA (Anthropolgy) / Centre for African Studies / Commemorative structures like walls of remembrance, statues and monuments are representatives of social narratives and they usually represent the current political order. They also represent heroes deemed important by the current political regime. These structures, together with the corresponding narrative, can either be of local, regional or national importance. Nghunghunyani was a Gaza Nguni king who reigned in southern Mozambique in 19th century. His statue in the town of Giyani is a case in point. Nghunghunyani fought wars and entered into negotiations with the Portuguese in southern Mozambique in order to keep the land of his forefathers. However, the erection of his statue sparked controversy and has been met with resentment and rejection among the people of the region where it has been placed. This study aimed to elucidate the reasons behind the resentment and the rejection of the statue. This was done by examining the history of the homeland of Gazankulu and of the clans of the region in order to understand the ethnic enclaves of the Tsonga and the Shangaan, and the political undercurrents involved in the erection of a statue which is undeniably of national significance, but problematic locally and regionally. As heroes are imbedded in collective memory and collective narratives, the theory of collective memory following on Maurice Halbwachs was used. The discussion on ethnicity was directed by the ethnicity theories of Webber and Geertz. The interview was employed as the tool for collecting data, which elucidated that Nghunghunyani is not part of their founding heroes and that their praise poems do not include this historical figure. It appears that in as much as Nghunghunyani is a regional hero, his representation in Giyani is clouding the real history of the region and the debates are clouding the hero that King Nghunghunyani was. The study unveiled that Nghunghunyani is a nationally celebrated hero who cannot be contextualised positively in the local context amongst Tsonga speaking tribes and chiefdoms due to the nature of the hostile historical relationship between the ancestors of these groups and the Gaza Nguni.

The purpose of this study was to investigate the conveyancing process in South Africa with a view to identify how the process might be improved in terms of its efficiency and effectiveness. Land is an asset and still remains a valuable factor in production, even in the modern knowledge economy. In many parts of the world, land is a limited resource, therefore, in most countries, custodianship and ownership of land and landed properties generally tend to be guarded through the meticulous capturing, recording and storage of appropriate data and information. Legislative provisions for the transfer of custodianship and/or ownership require the involvement of a variety of role players in the conveyancing processes that culminate in the registration of land and associated immovable property. In some countries, the conveyancing processes tend to be complex and cumbersome. The study provides a conceptual framework for conveyancing processes based on a content-based review of land and immovable property registration systems in five countries, namely, Barbados, the Netherlands, Australia, Taiwan and South Africa. The study further investigates the South African conveyancing processes. Quantitative questionnaires were completed by six respondent groups from the conveyancing service chain, and qualitative interviews were conducted with two of the four major banks in South Africa. Descriptive statistics was used to analyse the quantitative data, and content analysis was used to analyse the qualitative data. The findings were used to develop a de-bottlenecking framework for South African conveyancing. / Business Management / M. Com. (Business Management)

This research explored, described and explained the nature and the extent of heritage crime as it manifested in the Gauteng Province of South Africa for the period 2006-2010. Gauteng was selected since it is deemed to be the hub of the legal trade. An operational definition of heritage objects was drafted for this study as ‘objects of artistic, cultural, historic or archaeological value regardless of age, housed in or curated by museums or galleries within Gauteng, and which are both tangible and moveable.’ Heritage crime for the purpose of this study was the illegal removal of any heritage object from a museum or gallery. The annual crime statistics released by the South African Police Services (SAPS) contain no reference to heritage crime of any sort. Therefore this research attempted to quantify the incidents of thefts experienced by museums and galleries in Gauteng for the period 2006-2010. Using a mixed method approach, data were gathered by qualitative and quantitative surveys. A total of 28 qualitative interviews were conducted. These data were integrated with the quantitative data which permitted the achievement of the strategic aims set out for this research. The following aims were achieved: • The roles and responsibilities of the custodians of the national estate were clarified; • International conventions designed to assist in combating crime perpetrated against cultural property were discussed; • The national legislation which guides the management, preservation and protection of heritage objects as well as the trade therein within South Africa was examined; • Policing agencies at the forefront of combating heritage crime were interviewed and international best practices were identified and compared with that which the SAPS are doing to address crime of this nature. These police agencies are situated in Italy, the United Kingdom, the USA and Germany; • The dynamics of the reported incidents of loss/theft were examined. Several anomalies were identified. Among these are the identification of the typologies of items being targeted and the possible identification of the type of thief perpetrating these crimes. • Through analysis of incidents it was also possible to highlight that the majority of thefts occur during the time when museums and galleries are open and that the items stolen are usually on open display (not affixed to the surface and not behind a barrier of any sort). Through the analysis of the data for legal trade and the theft incidents it was possible to design a Framework depicting the interface between the legal and illegal markets for trade in heritage objects. The research also provides law enforcement with minimum guidelines to ensure that crimes of this nature are addressed more effectively. / D.Litt. et Phil. / Department of Criminology (Police Science)

This research explored, described and explained the nature and the extent of heritage crime as it manifested in the Gauteng Province of South Africa for the period 2006-2010. Gauteng was selected since it is deemed to be the hub of the legal trade. An operational definition of heritage objects was drafted for this study as ‘objects of artistic, cultural, historic or archaeological value regardless of age, housed in or curated by museums or galleries within Gauteng, and which are both tangible and moveable.’ Heritage crime for the purpose of this study was the illegal removal of any heritage object from a museum or gallery. The annual crime statistics released by the South African Police Services (SAPS) contain no reference to heritage crime of any sort. Therefore this research attempted to quantify the incidents of thefts experienced by museums and galleries in Gauteng for the period 2006-2010. Using a mixed method approach, data were gathered by qualitative and quantitative surveys. A total of 28 qualitative interviews were conducted. These data were integrated with the quantitative data which permitted the achievement of the strategic aims set out for this research. The following aims were achieved: • The roles and responsibilities of the custodians of the national estate were clarified; • International conventions designed to assist in combating crime perpetrated against cultural property were discussed; • The national legislation which guides the management, preservation and protection of heritage objects as well as the trade therein within South Africa was examined; • Policing agencies at the forefront of combating heritage crime were interviewed and international best practices were identified and compared with that which the SAPS are doing to address crime of this nature. These police agencies are situated in Italy, the United Kingdom, the USA and Germany; • The dynamics of the reported incidents of loss/theft were examined. Several anomalies were identified. Among these are the identification of the typologies of items being targeted and the possible identification of the type of thief perpetrating these crimes. • Through analysis of incidents it was also possible to highlight that the majority of thefts occur during the time when museums and galleries are open and that the items stolen are usually on open display (not affixed to the surface and not behind a barrier of any sort). Through the analysis of the data for legal trade and the theft incidents it was possible to design a Framework depicting the interface between the legal and illegal markets for trade in heritage objects. The research also provides law enforcement with minimum guidelines to ensure that crimes of this nature are addressed more effectively. / D.Litt. et Phil. (Police Science) / Department of Criminology (Police Science)

Substantive gender equality has yet to be achieved in South Africa. As such, when a decision is made for one of the spouses to a civil marriage to stay at home and care for the children born of the marriage, or make career sacrifices to care for children, that spouse is usually the wife. As a result, while the husband continues to amass wealth and grow his earning potential, the wife is unable to do so. In circumstances where such spouses are married out of community of property or subject to the accrual system with onerous exclusion clauses in the antenuptial contract, the wife may be left with little more than a claim for rehabilitative maintenance in the event of a divorce. The courts only have the discretion to make an equitable distribution of marital property in civil marriages with complete separation of property concluded prior to 1 November 1984 (or 2 December 1988) and customary marriages. It is arguable that this limitation of the judicial discretion violates the equality clause contained in the Constitution of the Republic of South Africa, 1996. A broad judicial discretion to equitably redistribute the spouses’ assets upon divorce is therefore proposed in this dissertation. / Private Law / LL.M.

Substantive gender equality has yet to be achieved in South Africa. As such, when a decision is made for one of the spouses to a civil marriage to stay at home and care for the children born of the marriage, or make career sacrifices to care for children, that spouse is usually the wife. As a result, while the husband continues to amass wealth and grow his earning potential, the wife is unable to do so. In circumstances where such spouses are married out of community of property or subject to the accrual system with onerous exclusion clauses in the antenuptial contract, the wife may be left with little more than a claim for rehabilitative maintenance in the event of a divorce. The courts only have the discretion to make an equitable distribution of marital property in civil marriages with complete separation of property concluded prior to 1 November 1984 (or 2 December 1988) and customary marriages. It is arguable that this limitation of the judicial discretion violates the equality clause contained in the Constitution of the Republic of South Africa, 1996. A broad judicial discretion to equitably redistribute the spouses’ assets upon divorce is therefore proposed in this dissertation. / Private Law / LL. M.

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)