Summaries in English and Afrikaans / Wanvoorstelling van wesenlike feite deur omiss/o aan 'n versekeraar kan tot gevolg he dat die versekeringskontrak ongeldig verklaar word ingevolge die gemene reg. In Mutual and Federal Insurance Co Ltd v Oudtshoorn Municipality 1985 (1) SA 419 (A) is beslis dat wesenlikheid bepaal moet word vanuit die oogpunt van die redelike man. In 'n paging om bewys van die wesenlikheid van feite te vermy, het versekeraars vereis dat aansoekers die voorstellings in die kontrak moat waarborg. Dit het tot gevolg gehad dat voorstellings wat in die kontrak gewaarborg is outomaties wesenlik was. Sedert die invoering van artikel 63(3) van die Versekeringswet 27 van 1943 deur die wetgewer gedurende 1969, is die wesenlikheid van voorstellings egter 'n vereiste, selfs waar dit in die kontrak gewaarborg is. Versekeraars sou dus in die toekoms nie agter kontraktuele wanvoorstellings kon skuil nie. Hierdie maatreel het meer beskerming aan die versekerde gebied. In Qilingele v South African Mutual Life Assurance Society 1993 (1) SA 69 (A) is die toets vir wesenlikheid, soos vereis deur artikel 63{3), aangespreek. Dit het die vraag laat ontstaan of daar twee aparte toetse vir wesenlikheid bestaan, naamlik gemeenregtelik en statuter, en of daar een algemene toets bestaan. / Misrepresentation by omissio of material facts to an insurer may lead to an insurance contract being declared invalid in terms of the common law. In Mutual and Federal Insurance v Oudtshoorn Municipality 1985 (1) SA 419 (A) it was decided to determine materiality in the eyes of the reasonable man. To avoid proving materiality of facts, the insurers required proposers to warrant the representations in the contract. This resulted in the facts automatically being material. In 1969 parliament, .however, enacted section 63(3) of the Insurance Act 27 of 1943 whereby materiality of presentations, even where it was warranted in the contract, became a requirement. Therefore insurers could in future not hide behind contractual misrepresentations. This provided more protection to the insured. Qilingele v SA Mutual Life Assurance Society 1993 (1) SA 69 (A) addresses the test for materiality as required by section 63(3). This resulted in the question whether two separate tests for materiality in terms of common law and statute, or only one exists. / Criminal and Procedural Law / LL.M.

Workers’ compensation originated internationally because of the need to address the plight of workers and communities left destitute due to occupationally sustained disabilities or death. This study examines how the right to no-fault compensation developed in South Africa in comparison to the comparable law in Canada and Australia. Specific limitations regarding the right to workers' compensation pursuant to the South African compensatory laws were identified. Limitations identified include the persons falling within the ambit of the law, circumstances creating a right to compensation, the right to claims for increased compensation uniquely provided for in South African compensatory law and founded in the negligent conduct of employers as well as common law redress for damages. The background of the administrative remedy in the form of the right to compensation for occupational injuries and diseases ought to be seen in the light of the Constitution of the Republic of South Africa 1996. / Mercantile Law / LL.M.

PURPOSE: The main aim of this study was to systematically assess women’s maternal health care seeking behaviour and its determinants in Addis Ababa, Ethiopia. DESIGN: A quantitative and cross-sectional community based study was the selected methodology for this study. METHOD: Data was collected using structured questionnaire administered to 903 women aged 15-49 years through a stratified two-stage cluster sampling technique. Binary and multinomial logistic regression models were employed to identify predictors of adequacy of antenatal care and delivery care. RESULTS: Most of the women (97.9%) visited health care facilities at least once for antenatal care follow up. About 86.5% of them had at least four visits during their last pregnancy; and only 51.1% started their first antenatal visit early. Further, only about one out of five of the antenatal care attendees received sufficient content of antenatal care services. Consequently, only about one out of ten women received overall adequate antenatal care mainly due to inadequate use of the basic components of antenatal services. Most of the women delivered in public health care institutions (76.3%) despite the general doubts about the quality of services in these facilities. Women of better socioeconomic status preferred to give birth at private health care facilities. Caesarean section delivery rate in Addis Ababa (19.1%) is higher than the maximum WHO recommended rate (15.0%); particularly among the non-slum residents (27.2%); clients of private health care facilities (41.1%); currently married women (20.6%); women with secondary (22.2%) and tertiary (33.6%) level of education; and women who belong to the highest wealth quintile (28.2%). The majority (65.8%) of the caesarean section clients were not informed about the consequences of caesarean section delivery and about 9.0% of the caesarean section births had no medical indication. CONCLUSION: Disparities in maternal health care utilisation between the socio-economic groups was evident, requiring urgent attention from policy makers and other stakeholders to enable Ethiopia to meet its millennium development goal 5. Improving the quality of antenatal care in public health facilities which are the main provider of health care services to the majority of the Ethiopian population is urgent. The increase in the rate of caesarean section beyond the World Health Organization recommended upper limit has to be taken seriously. / Health Studies / D. Litt.. et Phil. (Health Studies)

Prior to the introduction of section 37C into the Pension Funds Act. 24 of 1956, the benefit payable as a result of the death of a member would devolve in accordance with his last will and testament or the provisions of intestate succession. The advent of section 37C brought a statutory regime which expressly excludes freedom of testation and rather looks to the board of a fund to distribute the death benefit. The board may only pay the dependants of a deceased (either factual or legal) or the persons he has recorded on his nomination form. The section relies on the board to exercise its discretion in a manner which results in an equitable distribution of the death benefit notwithstanding that it does not provide any guidelines as to how this is to be achieved. Accordingly, numerous decisions are challenged by the identified beneficiaries because they are unhappy with the manner in which the board exercised its discretion. This results in complaints being lodged with the Pension Funds Adjudicator. Many such complaints should never have arisen or could have been easily solved by a proper exercise of discretion on the part of the board. The problem is that these complaints are adding to an already burdened office. Adequate training and understanding of the obligations of section 37C would probably result in fewer complaints to the Adjudicator. This dissertation examines whether the determinations which have been issued by the Adjudicator in respect of section 37C indicate a need for such training and understanding and, if they do, what possible remedies there might be to cure such a problem. Recommendations arising from this are that trustees must receive training focused on section 37C and proposed practical protocols to assist a board when exercising its duty to make an equitable distribution. / Jurisprudence / LL.M.

Thin-walled cold-formed steel (CFS) has exhibited inherent structural and architectural advantages over other constructional materials, for example, high strength-to-weight ratio, ease of fabrication, economy in transportation and the flexibility of sectional profiles, which make CFS ideal for modern residential and industrial buildings. They have been increasingly used as purlins as the intermediate members in a roof system, or load-bearing components in low- and mid-rise buildings. However, using CFS members in building structures has been facing challenges due to the lack of knowledge to the fire performance of CFS at elevated temperatures and the lack of fire design guidelines. Among all available design specifications of CFS, EN1993-1-2 is the only one which provided design guidelines for CFS at elevated temperatures, which, however, is based on the same theory and material properties of hot-rolled steel. Since the material properties of CFS are found to be considerably different from those of hot-rolled steel, the applicability of hot-rolled steel design guidelines into CFS needs to be verified. Besides, the effect of non-uniform temperature distribution on the failure of CFS members is not properly addressed in literature and has not been specified in the existing design guidelines. Therefore, a better understanding of fire performance of CFS members is of great significance to further explore the potential application of CFS. Since CFS members are always with thin thickness (normally from 0.9 to 8 mm), open cross-section, and great flexural rigidity about one axis at the expense of low flexural rigidity about a perpendicular axis, the members are usually susceptible to various buckling modes which often govern the ultimate failure of CFS members. When CFS members are exposed to a fire, not only the reduced mechanical properties will influence the buckling capacity of CFS members, but also the thermal strains which can lead additional stresses in loaded members. The buckling behaviour of the member can be analysed based on uniformly reduced material properties when the member is unprotected or uniformly protected surrounded by a fire that the temperature distribution within the member is uniform. However if the temperature distribution in a member is not uniform, which usually happens in walls and/or roof panels when CFS members are protected by plaster boards and exposed to fire on one side, the analysis of the member becomes very complicated since the mechanical properties such as Young’s modulus and yield strength and thermal strains vary within the member. This project has the aim of providing better understanding of the buckling performance of CFS channel members under non-uniform temperatures. The primary objective is to investigate the fire performance of plasterboard protected CFS members exposed to fire on one side, in the aspects of pre-buckling stress distribution, elastic buckling behaviour and nonlinear failure models. Heat transfer analyses of one-side protected CFS members have been conducted firstly to investigate the temperature distributions within the cross-section, which have been applied to the analytical study for the prediction of flexural buckling loads of CFS columns at elevated temperatures. A simplified numerical method based on the second order elastic – plastic analysis has also been proposed for the calculation of the flexural buckling load of CFS columns under non-uniform temperature distributions. The effects of temperature distributions and stress-strain relationships on the flexure buckling of CFS columns are discussed. Afterwards a modified finite strip method combined with the classical Fourier series solutions have been presented to investigate the elastic buckling behaviour of CFS members at elevated temperatures, in which the effects of temperatures on both strain and mechanical properties have been considered. The variations of the elastic buckling loads/moments, buckling modes and slenderness of CFS columns/beams with increasing temperatures have been examined. The finite element method is also used to carry out the failure analysis of one-side protected beams at elevated temperatures. The effects of geometric imperfection, stress-strain relationships and temperature distributions on the ultimate moment capacities of CFS beams under uniform and non-uniform temperature distributions are examined. At the end the direct strength method based design methods have been discussed and corresponding recommendations for the designing of CFS beams at elevated temperatures are presented. This thesis has contributed to improve the knowledge of the buckling and failure behaviour of CFS members at elevated temperatures, and the essential data provided in the numerical studies has laid the foundation for further design-oriented studies.

在臺灣的技職教育體系中，職業學校群科課程綱要是教材編撰及課程設計的參考基準；而四技二專統一入學測驗是高職學生升學的重要依據。其中，統測共同科目英文考科中的對話題，採用了間接測驗來評量學生的口語能力。本研究旨在討論統測英文科對話題與高職英文課綱之吻合程度，及統測對話題的內容效度。為了達成此研究目的，本研究分析統測英文考科對話題型以及高職英文課程綱要，同時參考與測驗口說能力之相關教學研究及論文，發展出課綱檢核表及口說能力檢核表做為研究工具。 研究結果顯示，統測對話題與高職課綱中口說能力相關指標大致符合，但主題分佈不甚平均，主要強調日常生活情境下的溝通能力。就內容效度而言，其檢驗之能力多為基礎口語技巧，並且偏重測驗考生如何傳遞訊息及維持互動，並沒有包含處理互動的技巧。根據本研究之發現，筆者針對未來研究方向及測驗實務提出了建議。 / In the vocational education system in Taiwan, the Vocational High School Curriculum Guideline (VHSCG) is the basis of teaching materials and curriculum design, and the Technological and Vocational Educational Examination (TVEE) is an important reference for students to enter college. In the English test of the TVEE, an indirect speaking test was applied in the dialogue section. This research aims to investigate: (1) the correspondence between goals of speaking ability in the VHSCG and the dialogue section of the TVEE; and (2) the construct validity of the dialogue section. To achieve the purpose, this research analyzed the current curriculum guideline and the English tests of the TVEE, and studied the previous literature about assessing speaking ability to develop two checklists as instruments to analyze the targeted test items. Results indicated that the dialogue section of the TVEE generally corresponded with the speaking ability index in the VHSCG, but the topic distribution was imbalanced. The test items primarily focused on the communicative ability in daily-life contexts and was lacked of items that examine descriptive ability. For the construct validity, the dialogue section of the TVEE mostly examined fundamental speaking skills. Informational and interactional skills were strongly emphasized, while the skills in managing interaction were completely absent. Based on the findings of this research, the researcher yielded suggestions for future research and implications for the test developers.

沙氏法是美國在經歷一連串包括安隆、世界通訊等知名企業在內的財報不實醜聞後，為重建投資大眾對公開發行公司財報及美國證券市場的信心，迅速於2002年7月30日頒佈之一項企業革新法。綜觀其中66項條款，引發最多爭議、且對所有公司影響最大的首推404條款。該條款要求管理階層與簽證會計師評估公司與財務報導有關之內部控制制度其有效性，而爭議的重點主要在其實施方式和高遵循成本。 本研究透過個案研究，以深度訪談與問卷調查的方式，瞭解個案公司為遵循沙氏法404條款而推動之專案其組織架構與施行程序，同時蒐集公司主管及員工之意見，以分析實施效益並提出建議。 研究發現，33.34%的受訪者認同公司遵循沙氏法404條款所獲得的效益大於成本，17.34%反對，49.33%持中性看法。受訪者除認為實施沙氏法專案有助於強化同仁的風險意識、引導公司重新檢視與財務報導有關之內部控制制度，並將作業程序標準化、提升內控品質與財報可信度、遵循集團政策外，同時認為沙氏法專案有改善的空間，尤其在整合公司現有的風險控管機制、簡化測試流程及對測試文件的要求等方面。 誠如個案公司財務長所重視的“塑造企業文化”，沙氏法404條款強調的是“由上到下、以風險為基礎”，因此，樹立正確的在上位者之語調與表態極為重要，尤其是董事會、執行長和財務長，必須全力支持，建構具成本效益且符合沙氏法404條款的測試架構，以評估與財務報導有關之內部控制，進而確保財務報導之可靠性。 / After a whole series of financial scandals, such as Enron and WorldCom frauds, the US government swiftly declared the Corporate Reform Law on July 30, 2002, i.e. the Sarbanes-Oxley Act of 2002 (“SOX”), aiming to restore investors’ confidence in financial statements of the public companies and the US security market, as well. Among 66 sections in total in SOX, the most contentious aspect, which has also made significant impacts on companies, is Section 404 (“SOX 404”) requiring management and the external auditors to assess the effectiveness of Internal Control over Financial Reporting (“ICFR”). The key point of contention is its stringent implementation and high compliance cost. In-depth interview and questionnaire survey methods were adopted in this case study to explore how the researched company (“the Company”) implemented its project in response to SOX 404 and then to have a detailed analysis based upon the answers and comments obtained from the interviewees and the questionnaire respondents. Suggestions are made at the end of the study. The study finds that 33.34% of the respondents agreed with the view that compliance with SOX 404 generates greater benefit than cost to the Company, while 17.34% were against it, and 49.33% remained neutral. Despite the fact that abiding by SOX may enhance the employees’ risk awareness, guide the company to reexamine its ICFR, add more credibility of financial reports, and conform to Group policy etc., both the interviewees and the respondents consider that there is room for improvement as far as SOX 404 project is concerned. For example, a full integration of the existing risk management mechanisms and also a great simplification of testing procedures and documentation requirements. Just as the CFO of the Company highlights the importance of molding enterprise culture, SOX 404 is also top-down, risk-based oriented. As a result, it is essential to set the right tone at the top. The Board of Directors, CEO, and CFO must give their full support for building a testing framework, which is cost-effective and keeps to SOX 404. By doing so, ICFR can be accurately assessed, and the reliability of financial reports can be virtually assured.

All over the world, the level of poverty is increasing. In South Africa it is mainly concentrated in rural areas and differs significantly from whether considering race, sex, provinces or community areas. This dissertation studies the relationship between poverty and inflation in Sharpeville by determining the impact of rising prices on the poor households in Sharpeville. The study focuses on three areas, namely the theoretical background of poverty and inflation, the impact of rising prices in expenditure patterns and the relationship to poverty. There are different approaches in defining poverty. Poverty can either be absolute or relative. For the purpose of this study, poverty is defined as absolute. Thus the study defines individuals as poor due to their inability to attain a minimum material standard of living. This minimal standard of living is normally referred to as the poverty line. Inflation may be defined in different ways. For the purpose of this dissertation, inflation is defined as the rise in the general price levels over a specific period of time. Changes in expenditure patterns are caused by an increase in inflation. This study uses the regression model to determine the impact of inflation on poverty in Sharpeville. According to the macroeconomic theory’s implication, the same level of inflation on the same basket of commodities has a different level of effect on each household. Accordingly, in this study, all households are assumed to be faced with the same inflation rate. Household size is positively related to poverty gap squared. This means that the more members there were in a household in Sharpeville the poorer they were. Households with the highest number of members were poorer than those with few members. Statistically, the null hypothesis that there is no relationship between household size and poverty gap is rejected, even at the 1% level of significance. EXPINFL is negatively related to poverty gap. The correlation matrix confirms the results in the regression analysis. The correlation coefficient between The relationship between poverty and inflation in Sharpeville Page EXPINFL and PGAP is -0.34467. Although it is relatively weak, the fact that there is a negative correlation confirms that inflation negatively affects poverty. Finally, the study recommends that government provides more job opportunities for the individuals without any source of income in Sharpeville. The government could also provide business funding to the unemployed individuals to enable them to start their own businesses. This would enable those individuals to create additional employment. In addition, measures should be introduced to determine the effect of inflation on those households who are not employed (that is, not receiving any form of income, not even through any form of grant), but do benefit from some form of feeding scheme administered by either government or non-profit organisations. / MCom, Economics, North-West University, Vaal Triangle Campus, 2012

PURPOSE: The main aim of this study was to systematically assess women’s maternal health care seeking behaviour and its determinants in Addis Ababa, Ethiopia. DESIGN: A quantitative and cross-sectional community based study was the selected methodology for this study. METHOD: Data was collected using structured questionnaire administered to 903 women aged 15-49 years through a stratified two-stage cluster sampling technique. Binary and multinomial logistic regression models were employed to identify predictors of adequacy of antenatal care and delivery care. RESULTS: Most of the women (97.9%) visited health care facilities at least once for antenatal care follow up. About 86.5% of them had at least four visits during their last pregnancy; and only 51.1% started their first antenatal visit early. Further, only about one out of five of the antenatal care attendees received sufficient content of antenatal care services. Consequently, only about one out of ten women received overall adequate antenatal care mainly due to inadequate use of the basic components of antenatal services. Most of the women delivered in public health care institutions (76.3%) despite the general doubts about the quality of services in these facilities. Women of better socioeconomic status preferred to give birth at private health care facilities. Caesarean section delivery rate in Addis Ababa (19.1%) is higher than the maximum WHO recommended rate (15.0%); particularly among the non-slum residents (27.2%); clients of private health care facilities (41.1%); currently married women (20.6%); women with secondary (22.2%) and tertiary (33.6%) level of education; and women who belong to the highest wealth quintile (28.2%). The majority (65.8%) of the caesarean section clients were not informed about the consequences of caesarean section delivery and about 9.0% of the caesarean section births had no medical indication. CONCLUSION: Disparities in maternal health care utilisation between the socio-economic groups was evident, requiring urgent attention from policy makers and other stakeholders to enable Ethiopia to meet its millennium development goal 5. Improving the quality of antenatal care in public health facilities which are the main provider of health care services to the majority of the Ethiopian population is urgent. The increase in the rate of caesarean section beyond the World Health Organization recommended upper limit has to be taken seriously. / Health Studies / D. Litt. et Phil. (Health Studies)

Made available in DSpace on 2016-04-26T20:23:57Z (GMT). No. of bitstreams: 1 Rafael Guarilha P de Freitas.pdf: 880892 bytes, checksum: 40e48c5886660a2ffbfb45835061694f (MD5) Previous issue date: 2015-10-06 / This work aims to analyze and explore the controversial and relevant aspects inserted in the context of the working control, giving special emphasis to the aspects related to the mandatory bid rule and to the responsibility of the controlling shareholder for the misuse of his control power. Therefore, we have analyzed (i) the origin and the economic justification of the pattern of dispersion of the company s capital stock, which permits the appearance of the working control; (ii) the dynamism of the corporate control; (iii) the main aspects associated to the definition of the working control; (iv) the mandatory bid for the changing of the corporate control; (v) the responsibility of the minority shareholders for the misuse of the corporate power / O presente trabalho tem por objetivo analisar e explorar os aspectos controversos e relevantes presentes num contexto de controle minoritário, sobretudo aqueles relacionados à oferta pública por alienação de controle e à responsabilidade do acionista controlador. Para tanto, analisamos (i) a origem e a justificativa econômica do modelo de dispersão acionaria, modelo esse que propicia o surgimento do controle minoritário; (ii) a dinâmica do poder de controle; (iii) os principais contornos relacionados à definição do controle minoritário; (iv) a oferta pública por alienação de controle; e (v) a responsabilidade do acionista controlador minoritário por abuso do poder de controle