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South African criminal justice : a paradigm shift to victim-centred restorative justice?Apollos, Dumisani January 2014 (has links)
The focal point of this treatise is the evaluation of the paradigm shift that has taken place in our South African criminal justice system post 1994. This shift is seen as a move away from a retribution approach to a more victim-centred approach. One needs to remember that the previous regime had unfair and unjust laws: to do away with such laws an interim constitution1 was enacted in Parliament in 1993 and became operational on 27 April 1994. It was the fundamental law of South Africa. This was later repealed by the final Constitution 2 on 4 April 1997. In its preamble it states categorically that it seeks to establish a “society based on democratic values, social justice and fundamental human rights” and “(to) lay the foundations for a democratic and open society in which government is based on the will of the people and every citizen is equally protected by law”. One of the priorities of democratic government in 1996 was the National Crime Prevention Strategy3 (hereafter referred to as the NCPS). It was designed to reduce the high level of crime in our country and has four pillars: the criminal justice process; reducing crime through environmental design; public values and education and trans-national crime. Pillar one is seen as a move away from retribution as punishment towards a system of restorative justice 4. Furthermore the South African government is a signatory to various international laws, treaties and declarations that uphold victims’ rights. One example would be the United Nations Declaration on the Basic Principle of Justice for Victims of Crime and abuse of Power 1985 - in fact the Victims’ Charter is compliant with this declaration. Yet one cannot negate the fact that in the last two decades the status of victims has altered significantly: there has been some development in the transformation of the criminal justice system. Since 1994 the focus gradually shifted from an adversarial and retributive criminal justice to that of restorative justice. This shift is vindicated by following examples: the adoption of the NCPS; the Truth and Reconciliation Commission 5 (hereafter referred to as the TRC); the adoption of the Service Charter for Victims of Crime 6(hereafter referred to as the Victims’ Charter); the enactment of the Child Justice Act7; and case laws which applied restorative justice principles such as S v Maluleke and S v Saayman. Therefore this treatise will evaluate the application of a restorative system by looking at the definition of restorative justice; government commitments to the system; the enactment of Acts and policies that support the system. This will be done in relation to the victims.
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An investigation of the informational efficiency of the Johannesburg Stock Exchange with respect to monetary policy (2000-2009)Samkange, Edgar January 2010 (has links)
This study aims to investigate the informational efficiency of the Johannesburg Stock Exchange with respect to monetary policy. Multivariate co-integration, Granger causality, vector error correction model, impulse response function analysis and variance decomposition analysis are employed to determine the semi-strong form efficiency in South African equity market. Monthly data of Johannesburg Stock Exchange index, money supply (M1 & M2), short term interest rate, inflation, rand/dollar exchange rate, London Stock Exchange index (FSTE100) and GDP from 2000-2009 are the variables of interest.Weak form efficiency is examined using unit root tests. The results of this study show evidence of weak form efficiency of the JSE using the Augmented-Dickey Fuller and Philip-Perron unit root tests. The results reject the hypothesis that the JSE is semi-strong and have important implications for government policy, regulatory authorities and participants in the South African stock market.
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An empirical analysis of the determinants and growth of South African exportsChoga, Ireen January 2008 (has links)
Exports have considerable effects on economic growth, employment and trade so it is crucial to understand the factors that are responsible for their variation. This study analyses the fundamental determinants of exports using annual South African data covering the period 1980 to 2006. It initially provides an overview of the South African export structure and export growth. A review of theoretical determinants is then specified. The study tests for stationarity and cointegration using the Johansen (1991, 1995) methodology. A vector error correction model is run to provide robust determinant variables on exports. The following variables which have been found to have a long run relationship with exports include: the domestic price of exports, real effective exchange rate, trade openness, foreign income and price of inputs (cost of production). The estimate of the speed of adjustment coefficient found in this study indicates that about 96% of the variation in exports from its equilibrium level is corrected within one year. The results that have emerged from this analysis corroborate the theoretical predictions and are also supported by previous researchers or studies.
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The development of informal settlements in South Africa, with particular reference to informal settlements around Daveyton on the East Rand, 1970-1999Malinga, Semangaliso Samuel 12 September 2012 (has links)
D.Litt. et Phil. / The purpose of the study is to analyse the development of informal settlements in South Africa, with particular reference to the role of the Government in the improvement of informal settlement conditions around Daveyton, especially at the Etwatwa informal settlement. Research has shown that there is common experience in developing countries in Africa, Asia and Latin America in as far as the development of squatter settlements or informal settlements are concerned. This strongly reflects on the South African experience. The common feature and experience is that informal settlements are the result of urbanization, which is a world-wide phenomenon. Research in countries has shown that migration to cities is based on people's expectation of a better quality of life in urban areas. The expectations lead people to migrate even when they know that they will be unemployed and would have to live in squatter areas for some time. The decision to migrate is based among other reasons on rational economic grounds. It depended on migration cost, the perceptions and prospects of finding a job, and wage differentials between urban and rural areas. Urban incomes were practically always higher than rural ones and migrants to cities generally seemed to do relatively well in acquiring jobs and improving their standard of living. Most of these activities are performed in informal settlements. Like in all developing countries, South Africa is no exception when it comes to the origin and development of squatter or informal settlements. The most common reasons are that people in their quest for a better life in urban areas end up living in informal settlements because they cannot find suitable accommodation. The rapid population growth in developing countries, for example in countries such as South Africa, has resulted in huge housing backlogs. This led to the mushrooming of informal settlements around cities, towns and townships, of people waiting for adequate housing for their families. In Daveyton specifically, the housing backlog in the late 1970s resulted in the emergence of backyard shacks, erected by people who were either residents of Daveyton, because of natural increase of the population, or people from neighbouring townships or rural areas. The study of Daveyton has showed that because of forceful invasion of land by people who did not have accommodation, Daveyton experienced a mushrooming of informal settlements from 1987. In 1987 the Daveyton City Council accepted in principle that squatting was a legitimate means for homeless people to provide shelter for their families and therefore established a site-and-service scheme at Etwatwa, a new section of the township, to accommodate the homeless and lower income families. For service provision the local government divided Etwatwa into two sections, Etwatwa West and Etwatwa East. Every household at Etwatwa West was provided with water and sewerage services, but at Etwatwa East only rudimentary services were provided. With the passage of time the local government tried to integrate the inhabitants of Etwatwa into an urban environment, through the provision of essential service such as water, roads, electricity and sewerage, and amenities such as community and social centres, recreational facilities, creches, schools, churches and clinics. The provision of services depend largely on the availability of funds, through rent payments, loans and funds allocated by the Provincial and National Governments.
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Letters home : the experiences and perceptions of middle class British women at the Cape 1820-1850Erlank, Natasha January 1995 (has links)
Bibliography: pages 209-219. / My thesis is concerned with the experiences and perceptions of British women living in the Cape Colony, South Africa, during the first half of the nineteenth century. My chief source materials are the letters and diaries written by different women in the period 1820-1850. The women in my thesis were members of the British middle class and proponents of its dominant ideology. This revolved around a "separation of spheres" which prescribed particular types of behaviour for men and women. This view was more of an ideal than a reality, and women in this period found ways in which to both resist and enforce its prescriptions. I am interested in the negotiation of identity that occurred when British women arrived at the Cape. In order to tap into their experiences, I examine in detail the writing of several women who lived in Cape Town, and then compare this to women's writing in different parts of the colony. What emerges is a version of South African history in which the experiences of individual women challenge assumptions about the existence of middle class and colonial homogenising discourses. Women in Cape Town, on the eastern frontier and on mission stations lived in different circumstances. The contexts in which they wrote affected the versions of themselves that they revealed in their writing. The different ways in which they wrote, and they ways in which they constructed a d represented their identities, challenge attempts to fit them into the contemporary feminine mould. While they were creating their own identifies through the medium of letters, they were also creating cultural artefacts. Their letters formed the basis of a private literate culture which both represented these women and their particular view of the Cape to the rest of the world. Women controlled what was written in their letters - their self-representations were presented to their readers in a version not mediated through their male relatives. In their own letters, they were not men's wives, they were their own women. Most of the women I discuss had a commitment to Christianity, and the promotion of Christianity. Missionary wives and evangelical women had a code of behaviour that did not always accord with middle class ideology. They measured their behaviour according to religious and moral standards. This allowed them to contravene middle class ethics if they felt these contravened their own codes of morality. Depending on circumstances, women could be called upon to behave either as middle class women or Christian women, and in these instances would conform to the identity under either ideology. I would therefore suggest that not only did English middle-class women at the Cape create their subjectivity in terms of their status as women, as middle class women and as white women, but they also constructed their subjectivity in terms of their religious beliefs - as religious women.
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Cultural trends and community formation in a South African township: Sharpeville, 1943-1985.Jeffrey, Ian January 1991 (has links)
A Dissertation Submitted to the Faculty of Arts
University of the Witwatersrand, Johannesburg
for the Degree of Master of Arts. / Thesis examines cultural expressions and community
attachment, and their relation to each other, in the
creation and maintenance of urban identity. In examining
this, the thesis considers a number of key cultural forms
in Sharpeville such as boxing, football, musicial
performance, youth. gangs, and styles of dress. It argues
that, conceptually, "community" is never static; rather
it is a state of existence, a perception, for a grouping
of people. At a given time they may consider themselves
to be collectively part of or constitute a community; at
another, their attachments may be to a different entity -
the local neighbourhood, for example.
The empirical data was derived mainly from primary
sources although due to the historical time-period
examined - namely 1943 to 1985 - there was some reference
to secondary sources. The research involved mainly
in-depth interviews and participant observation. By
administering a questionnaire, "key" informants within
the various cultural areas examined were identifed and
interviewed at length, sometimes more than once.
The thesis argues that "communities" only gain a sense of
cohesion, "identity" and unity at certain specific
historical moments; at other times the cultured focus
within them may in fact express quite other meanings than
those of "community" for their members. This identity is
seen thus as both a product of the structural features
which inform, influence and even dictate its direction as
well as the responses and actions of the residents
themselves, in shaping its outcome. / Andrew Chakane 2018
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Critical analysis of the doctrine of separation of powers with specific focus on the Economic Freedom Fighters v Speaker of the National Assembly 2018 (2) SA 571 (CC)Magabe, Thabo Trust January 2021 (has links)
Thesis (LLM.) -- University of Limpopo, 2021 / Although the Constitution of the Republic of South Africa, 1996 does not specifically make
reference to the phrase “separation of powers”, the constitutional scheme, however,
subscribes to the doctrine of separation of powers. The manner in which the Constitution
allocates powers and functions to the different organs of the state is indicative of the
application of the doctrine of separation of powers. This study was aimed at investigating
whether the separation of powers principle was not trampled upon in the light of the decision
in EFF2. The study finds that there was judicial overreach in EEF2. The majority judgment
encroached into the exclusive domain of Parliament. The court, in exercising its checks and
balances role, failed to observe its own constitutional limits by dictating how Parliament
should run its affairs. The study recommends that courts must respect the duties and
functions of other organs of the state. Courts must understand that each organ of the state
has a duty to perform. Only when an organ of the state has performed a duty or function in
a manner that offends or violates the Constitution can the court intervene.
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The participation of the Zulus in the Anglo-Boer War, 1899-1902Maphalala, Simon Jabulani January 1978 (has links)
submitted in fulfilment or partial fulfillment of the requirements for the degree of
MASTER OF ARTS in the Department of History of the University of Zululand, South Africa, 1978. / In order to understand the Zulu participation in the AngloBoer
War and the Holkrantz murder in May 1902, it is essential
to trace in broad outline the attitude of the Zulus
towards the white settlers in Natal. the Governmell~ of Natal,
the British Government and the Government of the S.A. Republic
or those subjects of the Transvaal and Natal who becarne
involved in the internal faction struggles in Zululand.
The matter will only become intelligible by explaining the complexity
of those policies which evolved from such contacts
from the time of the arrival of the first white settlers in
1824 to the outbreak of the War in 1899.
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Politics, professionalism and performance management: a history of teacher evaluation in South AfricaPillay, Devi January 2018 (has links)
A dissertation submitted to the University of the Witwatersrand, Johannesburg, in fulfilment of the degree Master of Arts in History by dissertation, 2018 / Why has South Africa failed to institute a teacher evaluation system that produces meaningful results? I aim to contribute to an understanding of why and how various South African post-1994 teacher evaluation policies have failed to become institutionalised and have failed to ensure either robust teacher accountability or professional development. In this dissertation, I examine the history of teacher evaluation in South Africa, in order to understand the evolution of these policies and systems over time. After discussing the legacy of apartheid-era evaluation, I assess three post-1994 policy phases: the 1998 Developmental Appraisal System (DAS), the 2001 Whole School Evaluation (WSE) policies and the 2003 Integrated Quality Management System (IQMS).
This historical approach allows me to analyse the successes and failures of these policies in depth and context. Each of these policies has been shaped by, has tried to respond to, and has ultimately failed to confront the challenges of the past. They must also be understood to be a part of a continuous policymaking process, each one building upon and responding to the last. This dissertation contributes to an understanding of why these evaluation policies, despite massive investments of time, energy and resources, and complex and tough negotiations, have repeatedly failed. I argue that a flawed policy process consistently reiterates the same tensions and false assumptions in each new policy, and does not address these fundamental weaknesses.
These appraisal policies reflect negotiations and contestations between teacher unions and the state, while the policies themselves and their outcomes further complicate those union-state relationships. The tensions and contradictions within these policies are the product of a policymaking process that tries to cater to mutually exclusive interests. The history of these institutions – teacher unions, the state, collective bargaining bodies – and the relationships between them must be understood in order to grapple with the policymaking environment fully. Further, even as these policies have been renegotiated and redeveloped, they have all failed to engage with the actual realities of teachers and classrooms in the majority of schools in South Africa. The legacy of apartheid education is still manifest in the abilities, attitudes and politics of teachers, and policymakers on all sides of the process have consistently failed to confront that history and propose real strategies for change. / XL2019
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Cecil Rhodes’ influence on the British government’s policy in South Africa, 1870-1899.Ritchie, Verna Ford January 1959 (has links)
No description available.
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