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The legislative supremacy of Parliament, a dominant characteristic of the Westminster system of government, has for a long time been the basic norm of South African constitutional law. In line with the Westminster prototype, the South African judiciary did not have the power to review the substantive validity of legislation. The creation of a new order, based on a supreme Constitution which entrenches fundamental rights and gives the courts the power to review not on! y the procedural validity but also the substantive validity of legislation, has brought about a significant change. This thesis examines the role of the South African judiciary during the transition from a system of legislative supremacy to one of constitutional supremacy and judicial review. The thesis is based on the interim Constitution of 1993. The entrenchment of fundamental human rights in the Constitution implies a greater role for the judiciary. The judiciary has to apply and interpret the human rights provisions vigorously and fearlessly. The human rights provisions have to be applied and interpreted with a keen awareness that a system of constitutional supremacy differs materially from one of legislative supremacy. In a system of legislative supremacy the intention of the legislature is paramount; in a system of constitutional supremacy the Constitution is supreme and overrides all laws, including Acts of Parliament, which are in conflict with it The doctrine of legislative supremacy has in the past led to a literalist and mechanical application of law; this has had a negative impact on the constitutional role of the South African judiciary. The provisions of a Constitution, especially its human rights provisions, are framed in wide and open ended terms; these need to be elaborated before they can be applied; the nature of these provisions, their purpose and the larger objects of the Constitution are important. The interpretation of the provisions of a supreme Constitution is incompatible with a literalistic and mechanical approach. A purposive and liberal or generous approach is called for. A framework and approach to the interpretation and application of South Africa's Bill of Rights are suggested in the thesis. / Constitutional International and Indigenous Law / LL.D.

The legislative supremacy of Parliament, a dominant characteristic of the Westminster system of government, has for a long time been the basic norm of South African constitutional law. In line with the Westminster prototype, the South African judiciary did not have the power to review the substantive validity of legislation. The creation of a new order, based on a supreme Constitution which entrenches fundamental rights and gives the courts the power to review not on! y the procedural validity but also the substantive validity of legislation, has brought about a significant change. This thesis examines the role of the South African judiciary during the transition from a system of legislative supremacy to one of constitutional supremacy and judicial review. The thesis is based on the interim Constitution of 1993. The entrenchment of fundamental human rights in the Constitution implies a greater role for the judiciary. The judiciary has to apply and interpret the human rights provisions vigorously and fearlessly. The human rights provisions have to be applied and interpreted with a keen awareness that a system of constitutional supremacy differs materially from one of legislative supremacy. In a system of legislative supremacy the intention of the legislature is paramount; in a system of constitutional supremacy the Constitution is supreme and overrides all laws, including Acts of Parliament, which are in conflict with it The doctrine of legislative supremacy has in the past led to a literalist and mechanical application of law; this has had a negative impact on the constitutional role of the South African judiciary. The provisions of a Constitution, especially its human rights provisions, are framed in wide and open ended terms; these need to be elaborated before they can be applied; the nature of these provisions, their purpose and the larger objects of the Constitution are important. The interpretation of the provisions of a supreme Constitution is incompatible with a literalistic and mechanical approach. A purposive and liberal or generous approach is called for. A framework and approach to the interpretation and application of South Africa's Bill of Rights are suggested in the thesis. / Constitutional International and Indigenous Law / LL.D.

Magister Artium (Psychology) - MA(Psych) / Ulwaluko is a Xhosa word that refers to male circumcision, an initiation ritual performed to transform boys into men. The ritual is supposed to instill good moral and social values. Research has demonstrated that, the practice of Ulwaluko has undergone many changes primarily because of urbanization, acculturation and the emergence of back-door circumcision schools amongst other things. This has culminated in instances of moral decline such as criminal activity, drug abuse, risky sexual behaviour and inhumane behaviour among some of the initiates. There has been a recent upsurge in research on Ulwaluko in South Africa. However, lacking in this body of scholarship is a focus on how Ulwaluko constructs masculinities. This served as the motivation for my study. Given the above, my study explored the role of Ulwaluko in the construction of masculinity in men at the University of the Western Cape (UWC). Hegemonic masculinity (Connell, 1994; Connell & Messerschmidt, 2005) was used as a theoretical framework conceptualizing this study. The study utilised a qualitative framework and data was collected using in-depth semi-structured interviews. Seven participants aged from 19 to 32, consented to be part of the study. These were recruited using purposive sampling. The ethical considerations of the study adhered to the guidelines stipulated by UWC. Data was transcribed, and analysed using thematic decomposition analysis. The findings of this study indicate that Ulwaluko constructs masculinity in hegemonic ways. Through hegemony it establishes, maintains and retains control over young men, boys and women. It constructs an idealised masculine identity that is morally upright, faced with ritual challenges and burdened by a prescriptive set of masculine role expectations. This study also shows the self-reflexive, critical and imaginative engagement by men as they negotiated Ulwaluko‟s ideal masculinity. Such contestations resulted in the creation of rival masculinities. It also demonstrates how subject position(s) impact understandings and constructions of masculinities. This study provided a richer and more nuanced contextual understanding of the psychosocial realities of men who underwent Ulwaluko

<p dir="ltr">The study investigated the epistemological gaps of Nigerian auto-repair technicians in Mowe, Ogun State Nigeria. The way their knowledge levels correlate with factors such as age, experience, education, and professional development pathways were analyzed. The study explored the conditions for bridging auto-repair epistemology. The study used a questionnaire based on the National Institute Automotive Service Excellence (ASE) 2021 study guide test questions. Fifty-four auto repair technicians were selected using purposive sampling. Correlational research design was used to explore the relationship between the knowledge of participants and age, education, experience, and professional development pathway. Logistic regression was used to analyze the data collected to determine the odds of how many ASE questions a participant answered correctly. The final logistic regression model excluded experience and professional pathways due to multicollinearity concerns. The results revealed negative correlations between age, elementary/high school education, and epistemology, while positive correlations were with higher education and epistemology. The discussion delved into nuances, challenging common beliefs, and proposed a composite apprenticeship model to bridge auto-repair epistemological gaps. Recommendations include revisiting the Nigerian education system and promoting a bidirectional, delocalized apprenticeship approach.</p>

The author explores the traditional approaches to interpretation in a constitutional democracy, with specific emphasis on Bill of Rights interpretation. The approaches adopted by the court in India and Canada, are briefly outlined with a view to gleaning from the experience of these countries, a theory which will inform a proper approach to interpretation in a South African context. He concludes that the value-based approach is most appropriate to concretise the rights entrenched in the Bill of Rights, and specifically the so-called second and third generation rights. Addressing the fear that this may lead to an undisciplined judiciary, he concludes that there are sufficient disciplinning mechanisms to ensure that the courts do not encroach upon the other branches of government. / Constitutional, International & Indigenous Law / LL.M.

Wetgewing wat onbestaanbaar is met die bepalings van Wet 200 van 1993 as die hoogste reg is nietig tensy geoorloof volgens die maatstawwe van art 33 (1) 1 en die Konstitusionele Hof en die provinsiale en plaaslike afdelings van die Hooggeregshof is bevoeg om dit ongeldig te verklaar. Die beoordeling van die geldigheid van wetgewing waardeur inbreuk gemaak word op 'n Fundamentele Reg of Vryheid in Hoofstuk 3 verleen 1 vereis in eerste instansie die vertolking van die betrokke bepaling van die Hoofstuk. In die lig van die besondere karakter van 'n grondwet en die gebrek aan omlyning van die verleende regte en vryhede 1 moet die vertolking nie volgens geykte metodes geskied nie I maar wel doelgerig aan die hand van die waardes onderliggend tot die Handves as geheel. Waardes wat nie herleibaar is tot die grondwet self nie en die persoonlike filosofiee van die regters behoort die howe egter nie te beinvloed nie. / Legislation inconsistent with the provisions of Act 200 of 1993 as the supreme law is of no force and effect and the Constitutional Court and the provincial and local divisions of the Supreme Court may declare it invalid, unless it complies with the criteria of a permissible limitation under sec 33(1). Before the validity of legislation impinging upon a Fundamental Right or Freedom conferred in Chapter 3 can be considered, the relevant provision of the Chapter must first be interpreted. In view of the special nature of a constitution and the generality of the conferred rights and freedoms, the ordinary methods of interpretation should not be applied. Chapter 3 must be interpreted purposively taking into account the values underlying the Bill of Rights as a whole. Values not founded in the Constitution and the personal philosophies of the judges ought not to influence the courts. / Private Law / LL.M.

Canadian courts, despite recognition in the Canadian Constitution, 1982 that treaties are to govern the Crown-Aboriginal relationship, continue to develop principles of interpretation that narrow Aboriginal and treaty rights, including the taxation provisions of the Indian Act. In Robertson, the Federal Court of Appeal, building on Mitchell v Peguis, articulated a “historic and purposive” analysis, by reliance on a distinctive culture test and an ascribed protection rationale, thereby abrogating the fundamental treaty relationship. As a means to fuller implementation of the spirit and intent of Treaties, taxation provisions must be interpreted in a treaty-compliant manner. The potential for economic participation through a proposed “urban reserve” on the Kapyong Barracks in Winnipeg, Manitoba, as part of a Treaty 1 settlement, is discussed as a case study, and compared with similar developments in New Zealand, under a Waitangi Tribunal settlement, as an example of treaty compliance in economic development. / May 2017

Accounts of sexual abuse appear daily in the media. Rightfully, this issue demands attention. Juveniles may be victims; they may also be offenders who are subject to sex offender registration and notification (SORN) policies. Growing research finds that SORN policies fail to achieve intended public policy outcomes. Little is known, however, about the unintended consequences of SORN for juvenile offenders. This study contributed to a more comprehensive understanding of the effects of these policies on this population. Merton's concept of manifest and latent functions of purposive social action and an alternate non-criminogenic form of Lemert's secondary deviance proposition provided the theoretical framework. Research questions focused on whether a relationship exists between sex offender registration for a juvenile offense and severity of depression in current and former registrants after maturation into adulthood, and whether the relationship persists. A quantitative causal-comparative study was conducted using self-reported survey data from a non-probability sample of 59 registrants. Multiple regression analysis found SORN had a significant positive predictive relationship to severity of depression in adults currently registering for a juvenile offense as compared to former registrants, and the control group of those never registered, as measured by the Public Health Questionaire-9. A significant persistent depressive effect was not found in former registrants. Findings validate concerns that SORN may have iatrogenic effects for juvenile offenders; these findings also suggest that alternate, non-criminogenic forms of secondary deviancy appear to be associated with this policy. This understanding of the net effects of SORN informs policy decision makers and has social change implications for future sexual abuse prevention policies that may have greater likelihood of efficacy.

<p>This study identifies the determinants of sheep prices for small-scale sheep farming households in two districts of the Eastern Cape, namely Amathole and Ukhahlamba (Joe Xabe). Output prices that small farm households receive for their sheep affect their incomes from agriculture (knowing that revenue is a product of quantity and price), which, in turn, influence their living standards. The study isolates three sets of determinants of price formation in local agricultural markets - structural drivers, institutional factors and livelihood shocks - to account for the variations in prices that smallholder farmers receive. Data were collected from 134 households that were selected using purpose sampling and preceded by key informant and focus groups interviews with actors along the sheep value chain. A questionnaire consisting of both open-ended and quantitative questions was used. The relationship between output price formation and clusters of determinants is a typical hedonic pricing framework, which is fitted using a backward stepwise econometric technique that is a widely used experimental tool to identify significant determinants.</p>