This short dissertation deals with separation of powers and federalism in African constitutionalism through the South African case. It investigates the extent to which the new South Africa complies with these two principles. The separation of powers in the new South Africa gives rise to a sui generis parliamentary regime, which is borrowing both from the Westminster model and the presidential one. On the other hand, the principle of federalism has been taken into consideration seriously, but South Africa has not become a fully-fledged federation. The result is a well-matched marriage between semi-parliamentarism and quasifederalism, which is the South African contribution to constitutionalism and democracy required by the African Renaissance. The dissertation comes to the conclusion that all in all the new South Africa complies with the two constitutional principles under consideration. It is a constitutional state, one of the very few exceptions on a continent laboriously emerging from authoritarianism. / Law / Thesis (LL.M.)--University of South Africa, 1998. / LL. M. (Law)

Prior to 1994, South African taxpayers had little protection from fiscal legislation or the decisions, actions or conduct of the South African Revenue Service (“SARS”) that violated their common law rights. Parliament reigned supreme and in tax matters, the strict and literal approach to the interpretation of statutes was employed, with the judiciary often quoting the mantra that there is “no equity about tax”. The Income Tax Act (Act No 58 of 1962) was littered with discriminatory and unfair provisions based on age, religion, sex and marital status. Even unreasonable decisions taken by SARS could not be reviewed by the judiciary as “unreasonableness” was not a ground for review of the exercise of a discretion by SARS. On 27 April 1994, the constitutional order changed. Parliamentary supremacy was replaced with constitutional supremacy and the rights to privacy, equality, human dignity, property and just administrative action were codified in a Bill of Rights. The codification of these fundamental rights has materially changed the nature and extent of the rights of South African taxpayers. The objective of this thesis, therefore, is to identify, analyse and discuss South African taxpayers’ rights from a constitutional perspective. The following major conclusions can be drawn from the research done: - the judiciary have been forced to reappraise their approach to the interpretation of statutes from a “strict and literal” to a “purposive” approach that is in accordance with the values underpinning the new constitutional order; - new legislation has amended some of the so-called “reverse” onus of proof provisions that were constitutionally unsound – this should result in greater fairness and consistency for affected taxpayers especially in the area of when penalties may be imposed; - the concept of clean hands and good facts can influence the judiciary when arguing that a taxpayer’s right to just administrative action has been violated; and - discriminatory and unfair legislation and conduct on the part of SARS may and should be attacked on a substantive law basis, especially where human dignity is at stake. The overall conclusion is that taxpayers’ rights are more far-reaching than prior to 1994 but still have some way to go before they are fully interpreted and developed. / Accounting Science / D.Compt.

Prior to 1994, South African taxpayers had little protection from fiscal legislation or the decisions, actions or conduct of the South African Revenue Service (“SARS”) that violated their common law rights. Parliament reigned supreme and in tax matters, the strict and literal approach to the interpretation of statutes was employed, with the judiciary often quoting the mantra that there is “no equity about tax”. The Income Tax Act (Act No 58 of 1962) was littered with discriminatory and unfair provisions based on age, religion, sex and marital status. Even unreasonable decisions taken by SARS could not be reviewed by the judiciary as “unreasonableness” was not a ground for review of the exercise of a discretion by SARS. On 27 April 1994, the constitutional order changed. Parliamentary supremacy was replaced with constitutional supremacy and the rights to privacy, equality, human dignity, property and just administrative action were codified in a Bill of Rights. The codification of these fundamental rights has materially changed the nature and extent of the rights of South African taxpayers. The objective of this thesis, therefore, is to identify, analyse and discuss South African taxpayers’ rights from a constitutional perspective. The following major conclusions can be drawn from the research done: - the judiciary have been forced to reappraise their approach to the interpretation of statutes from a “strict and literal” to a “purposive” approach that is in accordance with the values underpinning the new constitutional order; - new legislation has amended some of the so-called “reverse” onus of proof provisions that were constitutionally unsound – this should result in greater fairness and consistency for affected taxpayers especially in the area of when penalties may be imposed; - the concept of clean hands and good facts can influence the judiciary when arguing that a taxpayer’s right to just administrative action has been violated; and - discriminatory and unfair legislation and conduct on the part of SARS may and should be attacked on a substantive law basis, especially where human dignity is at stake. The overall conclusion is that taxpayers’ rights are more far-reaching than prior to 1994 but still have some way to go before they are fully interpreted and developed. / Accounting Science / D.Compt.

This thesis explored teachers’ experiences in curriculum implementation in primary schools in the Vhembe district. Curriculum implementation prompts thinking and learning of new things in the teachers’ day-to-day workplace. Primary school teachers are pillars of strength in contributing to the children’s future success. The thesis presents a contribution to the knowledge of curriculum implementation at the school level through a case study and a qualitative research approach as it aimed to comprehend and describe teachers’ practices and experiences on the implementation of the curriculum, which is a social phenomenon that includes ideas, thoughts, and actions. The thesis takes an appropriate starting point in arguing that curriculum implementation prompts thinking and learning of new things in the teachers’ day-to-day workplace. The context of the argument is primary school teachers’ lived experiences in South Africa in the face of curriculum change. The researcher critically argues that South Africa is amongst many countries that experienced curriculum challenges and resorted to change and one of the changes was in the form of the Curriculum and Assessment Policy Statement (CAPS) which signalled a shift in teaching approaches. In this new way of teaching, teachers seem lost and therefore apply traditional teaching methods. Teachers are expected to apply curriculum changes and develop new skills through qualification improvement, but it is questionable whether the challenges that the teachers themselves recognise as important are taken into cognisance. The researcher elaborated eight recommendations in relation to the Curriculum and Assessment Policy Statement. Some of the recommendations are summarily as that education curriculum advisors from the Limpopo Department of Education be appointed to visit all schools to aid and assess the implementation. It is also recommended that the Department of Basic Education must retrain all primary school teachers for a week during school vacation. These recommendations are of paramount importance and the Limpopo Department of Education should consider them as a priority. As the government can intervene by funding the implementation of the CAPS in the training and reskilling of teachers. / Curriculum and Instructional Studies / Ph. D. (Curriculum and Instructional Studies)

Communication seems to play a pivotal role in any high school classroom. But it was found those classes or certain individual students shy away from engaging in effective communication during natural science lessons in Swaziland. One of the directives in the Swaziland National Education Policy states that syllabuses for studies in Form 4 and 5 should enable learners to develop essential skills which include communication and language skills. This study then, on realising that there was a gap between what was stated in the Education Policy and what was actually the case in the natural science classrooms, sought for a solution that would encourage effective communication in natural sciences. Therefore, the main purpose of the study was to encourage active participation of high school students in natural science lessons. The main research question posed for this purpose was: Can student motivation enhance classroom discourse for the negotiation of science understanding? Five sub-questions emanated from the main research question: (a) How does classroom discourse relate to natural science understanding? (b) What effect does external motivation have on discourse during natural science lessons? (c) What is the effect of feedback during natural science learning? (d) How can feedback be enhanced in the natural science class? (e) Which teaching strategies improve interactions during natural science learning? The study is organised into five chapters. The first chapter summarises the whole study by giving the problem statement, research aim and objectives, definition of terms, as well as chapter divisions. Chapter two provides the background to the study through the discussion of education theories based on classroom discourse and motivation. The third chapter presents detailed information about the research design, methods of data collection and analysis, as well as a proposed method for motivating students. The fourth chapter presents the research results, analysis and discussion. The fifth and the final chapter presents research findings, concluding remarks drawn from the research findings, as well as recommendations for similar future research. The case study style uses a qualitative, descriptive and exploratory approach. The study concentrated on theories explaining learning and motivation. The sample comprised six purposefully selected students and their two physical science teachers. Data were collected using the standardised open-ended interview and non-participant lesson observation methods, and from documents. The data were collected in two phases, the pre-motivation phase and the motivation phase. The collected data was further categorised into two segments, with each segment being a unit of analysis. One of the segments was composed of oral interchanges, while the other was composed of students’ written work. The data was then transcribed, coded, analysed and discussed using the thematic discourse analysis approach. The principles of triangulation, reliability and validity ensured the credibility of the study remained intact. Research ethics were also observed by the researcher and there was trust, respect and autonomy during data collection. The ethics observed included informed consent, confidentiality, beneficence, anonymity and non-malificence. Permission to collect data was sought and obtained from all concerned. The motivation method helped the physics group improve more (55%) than the chemistry group (7%) in tests. In the overall performance the two groups improved more or less the same: the chemistry group improved by 4% while the physics group improved by 5%. There were three main findings for the study and they revolved around the purpose and the research question. The first major finding was that the motivation method used with the students instilled self-discipline in the students, resulting in self-regulated behaviour and better understanding of science concepts. The finding suggested that motivated students are self-disciplined and take ownership of their learning. The second major finding was that during the motivation phase of data collection interactions improved between the students and their science teachers. These interactions were in the form of classroom talk, submission of school work and feedback. It was inferred that motivated students communicate more effectively and with better understanding of the concepts taught. The third major revelation was that the students were motivated by learner-centred teaching strategies and the use of teaching aids in a science laboratory. A main finding for the first sub-question was that the more students interacted with each other, with their natural science teachers, and with their books the more they appreciated and understood science concepts. For the second sub-question the main finding was, the motivation method used with the students improved discourse during natural science lessons. The marks the students were awarded gave them the energy to engage more in science activities and to behave well. The main finding for the third sub-question was that prompt feedback and positive comments motivated students to engage more in science discourse and to understand science concepts better. An important finding from the fourth sub-question was that prompt and positive feedback enhanced feedback, as well as giving students tasks that were not too far above their abilities, enhanced feedback in the natural science class. For the fifth sub-question it was found that student-centred teaching methods as well as teaching aids and learning in science laboratories improved interactions during natural science learning. / Curriculum and Instructional Studies / D. Ed. (Curriculum Studies)

This study explored the lived experiences of foreign academics’ wellbeing and adjustment and the impact thereof on their job performance in a South African higher education (HE) institution. The qualitative interpretive study reviewed the literature on wellbeing, adjustment and job performance. It explored the impact of wellbeing and adjustment factors on performance, both personally and professionally. The job demands-resources (JD-R) model was applied in the study to demonstrate that when job resources are high, employee wellbeing, adjustment and job performance is enhanced. Purposive sampling was used to draw a sample of five foreign academics who were employed at the HE institution for more than one year and originated from different countries. Online video calling was used to gather data from the participants using semi-structured interviews. Content analysis was used to create themes and sub-themes from which the study findings were derived and conclusions, as well as recommendations, were made. The study revealed that the wellbeing and adjustment of foreign academics have a significant impact on their job performance. Recommendations were made to the HR managers, I/O psychologists, foreign academics as well as line managers on how to improve the wellbeing and adjustment of foreign academics at the HE institution. / Industrial and Organisational Psychology / M. Comm. (Industrial and Organisational Psychology)

This study aimed to relate the emotions of two fathers regarding their incestuous behaviour. The epistemological framework is social constructionism. The `case-study approach' was chosen as the most suitable method to gain access to the information. Qualitative in-depth interviews with the fathers were conducted to collect data about their emotional experiences regarding their incestuous behaviour and Hermeneutics was used as method of data analysis. The emotional experiences of the participants regarding their incestuous behaviour were reconstructed in the form of prominent themes. Themes that seemed to re-occur in both participants' stories were identified and discussed as common themes. These themes included; ambivalence, powerlessness and guilt. This study provides a rich understanding of the emotional experiences of incestuous fathers. These experiences seem to be unstated or insufficiently emphasised in the traditional empirical, cause and effect, linear modernist literature. / Psychology / M.A. (Clinical Psychology)

This study aimed to relate the emotions of two fathers regarding their incestuous behaviour. The epistemological framework is social constructionism. The `case-study approach' was chosen as the most suitable method to gain access to the information. Qualitative in-depth interviews with the fathers were conducted to collect data about their emotional experiences regarding their incestuous behaviour and Hermeneutics was used as method of data analysis. The emotional experiences of the participants regarding their incestuous behaviour were reconstructed in the form of prominent themes. Themes that seemed to re-occur in both participants' stories were identified and discussed as common themes. These themes included; ambivalence, powerlessness and guilt. This study provides a rich understanding of the emotional experiences of incestuous fathers. These experiences seem to be unstated or insufficiently emphasised in the traditional empirical, cause and effect, linear modernist literature. / Psychology / M.A. (Clinical Psychology)

Prader-Willi syndrome (PWS) is a genetic disorder resulting from a mutation of chromosome 15. It can manifest in physiological characteristics, cognitive impairment, behavioural problems, and sometimes also psychiatric disturbances. Taking care of an individual with PWS has a detrimental impact on the primary caregiver and also affects others around them. This considered, the current study aimed to learn more about the experiences and challenges of individuals diagnosed with PWS and their primary caregivers, in Gauteng and North-West Provinces, South Africa. Purposive sampling was used to select five families which then participated in the study. Qualitative research was used to conduct the study. As it was also crucial to generate a comprehensive understanding of participant experiences, collective instrumental case studies were used ̶ making use of participatory action research, ethnography and elements of auto-ethnography. Data were gathered by conducting semi-structured interviews, which were then analysed using thematic analysis. The data were organized around certain topics and common themes which emerged in each case study and the findings were then integrated with the literature which had been extensively reviewed. Based on these experiences and challenges, interventions were suggested that addressed the challenges and needs of the PWS individuals, their caregivers and families, and those around them (including school teachers). The main findings confirmed that not all individuals diagnosed with PWS manifest all the physiological characteristics, psychiatric disturbances and behavioural problems which have been documented in the literature. Furthermore, the symptoms vary in severity from one individual to the next. Cognitive impairment was, however, common to all individuals in the study. The findings also suggest that having a child diagnosed with PWS has a significantly negative impact on the primary caregiver, and taking care of PWS children is emotionally overwhelming and time-consuming. The use of a client-centred approach, implementing behaviour therapy techniques and doing psycho-education, all proved to be effective in managing some of these behaviours displayed by the individual patients and the challenges experienced by primary caregivers. / Psychology / Ph. D. (Psychology)