The Canada Round was a period of megaconstitutional politics where many of the perennial topics of Canadian politics were viewed through a constitutional lens. This research analyzes the Canada Round of negotiations for its potential to act as a project in historical justice to address the state’s mistreatment of Indigenous peoples. By viewing constitutional change as a means of engaging in political redress, this research offers a corrective to understanding the dynamics of the Canada Round and provides an expanded understanding of redress to compensate for its limited and non-transformative nature in settler-colonial contexts by introducing the idea of redress constitutionalism. Through an analysis of the primary documents from the Canada Round, this research demonstrates that national Indigenous organizations—the Assembly of First Nations, the Métis National Council, the Inuit Tapirisat of Canada, and the Native Council of Canada—sought to employ constitutional change for its reparative potential to address long-standing injustices against Indigenous peoples in Canada caused or worsened by the constitution. Therefore, the failure to significantly renew the constitution was also a failure to significantly engage in redress, remedy their historical exclusion from decision making, and respond to the suppression of their self-determination. / Graduate

Magister Philosophiae - MPhil / In this research paper, I explore the relationship between learnerships and employability. Will I get a job after completing a learnership? This question is posed by many if not most learners participating in learnerships. Learnerships have been promoted as improving the skills level of the population as integral part of economic growth in South Africa. This is still in process as the impact of completed learnerships still has to be felt and seen in industry, especially in increased employment or improving the possibility of employment. In this paper I investigate the relationship between a learnership and employment.

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South Africa is engaged in social redress and Education at all levels reflects this commitment. The period of transition from the apartheid policy of the National Party, (1948 – 1994), to the democratic policy of the African National Congress and its alliances, (1994 - ), continues to be in a state of flux. Education authorities struggle to maintain a balance between widening access to previously disadvantaged students whilst maintaining standards at the same time. Much of the recent debate on good teaching and learning practices suggests that teachers not only need to have a firm grasp of their discipline knowledge but that they also need to perform competently in pedagogic practice. This debate recognises sociological change in knowledge-discourses, fair and transparent assessment policy, and teacher and learner profiles, thereby creating an urgent need for a new professional identity for teachers. Efficient and effective teaching practices require school teachers to be sensitive to innovative and wide ranging culture-sensitive content as proposed by the Revised National Curriculum Statement (RNCS). This is a refined version of South Africa’s first national education policy, C2005, introduced to schools in 1998 and streamlined in 2000 by the Review Committee of C2005 to produce the RNCS. Music now fits into Arts and Culture, one of eight integrated learning areas. The Generalist-Specialist Music Educator is a new identity meant to empower classroom trainee-teachers in primary and secondary education who are new to the discipline of music. The majority of the teacher-trainees who have elected to take the Music in Education module at the University of The Witwatersrand’s School of Education are admitted under discretionary rules, and as a consequence they have little or no experience of formal music education. The Generalist-Specialist Music Educator comes from such a background and her aim would be to fast track her way towards a music orientation that would equip her to advise her own students who might want to learn music at school. Specifically, the Generalist-Specialist should enhance the open relationship between learner and teacher as well as contribute effectively to the multidisciplinary nature of today’s school curriculum.

The class action is an important instrument for the enforcement of consumers' rights, particularly in personal actions for low sums known as Negative Expected Value (NEV) suits. Collective redress actions transform NEV suits into Positive Expected Value suits using economies of scale by the aggregation of smaller actions into a single legal action which is economically worthwhile pursuing. Collective redress promotes adherence to the law, deters illegal actions and furthers public interests. Collective redress also helps in the management of multiple cases in court. The introduction of a new class action model in Israel has proven to be very workable in the sense that it has improved access to justice, albeit that this system currently suffers from over-use, referred to in this work as the "flood problem". The purpose of this research is to introduce a class action model which brings with it the advantages of the Israeli model, as well as improvements upon it so as to promote consumer confidence in low figure transactions by individuals with large, powerful companies. The new model suggested in this work relies on the opt-out mechanism, monitored by regulatory bodies through public regulation or by private regulators. The reliance on the supremacy of public enforcement and follow-on actions over private stand-alone actions should make the system of collective redress more efficient than the current Israeli model, reducing the risk of a flood of actions whilst at the same time improving access to justice for large groups of claimants. Thus far, no unified European class action mechanism has been developed, and only some member states have developed their own systems. The model discussed in this work may be implemented as a unified set of rules in Europe, with some additional adjustments, such as those covering cross-border trade, to promote confidence in trade within the European Union.

Resumé The thesis elaborates on the indirect purchaser's standing in disputes for damages caused by a breach of competition law. Its main purpose is to describe and, consecutively, compare the American and European approach to private enforcement of competition law or, more specifically, selected aspects of regulation relating to indirect purchasers. It should be noted that while the roots of the American model of private enforcement date back to the 19th and 20th century, Europe started to pay increased attention to this topic in the 21st century. This fact obviously raises the question of whether and to what extent was the EU inspired by the American model in forming a European approach to private competition law enforcement. For years, this issue has not been regulated on the European level at all. Nevertheless, this changed with the adoption of a landmark Directive 2014/104/EU which shed new light on European conception of private enforcement of competition law. The thesis is divided into three chapters. The first chapter introduces the subject and aims to put the topic at hand into broader context. The private pillar of competition law enforcement, its advantages and disadvantages as well as its relation to the public pillar are described on a few pages. Subsequently, the history and current state of...

The legal end of apartheid in South Africa brought about innumerable radical changes, not least so in its implications for the identity dynamics of all citizens. Due to their parents’ and grandparents’ undeniable involvement in and benefitting from the apartheid system, white Afrikaner youth are experiencing particular challenges as they battle to renegotiate their identity as Afrikaners. Three interrelated research aims guided this case study, namely a) to explore respondents’ attitudes toward a variety of identity labels and cultural elements; b) to detect possible manifestations of a present day ‘new’ Afrikaner nationalism amongst them and c) to probe the relationship between respondents’ identification and the South African ‘brain drain’. Literature and focus group data informed the content of a comprehensive survey, which was filled out by 151 respondents from the Faculty of Humanities at the University of Pretoria. Results illustrate that conventional Afrikaner churches and the institution of the family continue to act as a 'hub of socialisation' that transfers traditional values to the youth, in so doing providing continuity between the past and present. The two-thirds of respondents who are members of conventional Afrikaner churches are more likely to identify with exclusivist, conservative ethno-cultural values. The stark juxtaposition between a radically changed national context and these respondents’ values manifests in a particular strategy to present themselves as ‘politically correct’ citizens. This strategy involves utilisation of the notion of 'culture' to downplay the centrality of racial difference in their experiences and identification. They subscribe to several discourses that are typical of ‘whiteness’, which cast whites as victims of change and discredit post-1994 redress policies. It is argued that respondents’ strong ethno-cultural identification disproves the notion of an identity crisis amongst them and underpins the finding that few respondents plan to emigrate on a permanent basis. Their active consumption of key elements of white Afrikaner culture arguably constitutes a form of twenty-first century cultural nationalism. / Dissertation (MSocSci)--University of Pretoria, 2013. / Sociology / unrestricted

The fundamental consumer rights granted to consumers by the Consumer Protection Act 68 of 2008 (hereinafter referred to as the CPA) would be without meaning if no avenues of redress were available to enforce them. The National Consumer Commission as well as the National Consumer Tribunal and the consumer courts will enforce the Act. One of the more central and important aims of the CPA (section 69) is to ensure that an aggrieved consumer has access to redress, this also being one of the European Union’s consumer protection rights. The CPA therefore empowers the consumer by setting out redress options where a consumer believes that his or her right has been infringed. There is a wide range of options available to consumers if they have a complaint in terms of the CPA. Sections 68 to 76, which are found in Chapter 3 Part A to C, are the provisions that deal with the protection of Consumer Rights. In terms of the CPA, consumers are not obliged to approach the supplier against whom they have a complaint before first going somewhere else. In terms of section 69 of the Act, the category of persons listed in section 4(1) can enforce a right in terms of the Act or in terms of a transaction or agreement, or resolve a dispute with a supplier by: Referring the matter directly to the National Consumer Tribunal; referring the matter to the applicable recognised ombud with jurisdiction over the supplier and if the matter does not concern the supplier contemplated in s 69(b), referring the matter to the applicable accredited industry ombud with jurisdiction. The consumer may also apply to the relevant consumer court of the province with jurisdiction (subject to the provincial legislation governing it). A dispute may also be referred to an alternative dispute agent, filing a complaint with the National Consumer Commission or approaching a court with jurisdiction over the matter (only when all the other remedies available to that person in terms of national legislation have been exhausted). The main focus of the research will be the role of consumer courts in particular and their possible enforcement and execution shortcomings. The consumer courts are regulated on a national level in terms of the CPA and on provincial level in terms of provincial legislation of the various provinces. I will illustrate these shortcomings in a discussion of two relevant cases. A short discussion of the other options available to the consumers for redress in terms of the CPA will also be included. Other avenues of redress that will briefly be discussed are complaints lodged to the National Consumer Tribunal, the National Consumer Commission and alternative dispute resolution. Since the CPA became fully effective on the 31 of March 2011 and is more in line with international trends in consumer protection law, a short comparative study is necessary. I will be looking at the consumer law in Scotland, which is affected, by the UK consumer law in the United Kingdom. / Dissertation (LLM)--University of Pretoria, 2012. / Mercantile Law / unrestricted

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This thesis seeks to examine the levels of support for African American reparations amongst minorities. After providing a historical account of redress efforts separated racial group and discussing factors that influence reparations, I argue that minority groups possess cross-racial linked fate (minority linked fate) that significantly impacts their political attitudes concerning reparations for African Americans. Additionally, I argue that higher levels of minority-linked fate will equate to significant support for reparations. The probit regressions reaffirm the initial hypotheses that minority-linked fate has a significant impact on support for African American reparations. However, the racial groups most affected were not suspected initially.