This dissertation focuses on the forces that are bringing about changes in the employment relationships in the higher education sector. Labour law regulates the employment relationships. This dissertation also seeks to determine the extent to which the forces that are external to the parties to the employment relationship determine the legal environment within which the parties can exercise their rights and obligations. The important factor that is taken into account in this regard is the constitution of the country which is the supreme law of the land. The fundamental rights that are enshrined in the constitution must be recognised and respected by labour law and consequently by the parties to the employment relationships. The constitution provides that when interpreting any legislation, every court, tribunal or forum must promote the spirit, purpose and objects of the Bill of Rights. This dissertation is confined to the public higher education system. The constitution also stipulates that the power to pass legislation that regulates tertiary education is given to the national government exclusively. It is for that reason that the Higher Education Act has been amended to give the Minister the power to bring about the desired changes. The National Plan for Higher Education that was introduced by the Minister of Education in March 2001 is the basis of the discussion of the issues of equity, restructuring, incorporations and mergers that are currently taking place in the higher education sector in this dissertation. This is a force that is external to the parties and is brought about by policy considerations. The analysis of the issue of equity therefore takes into account the right to equality as buttressed by affirmative provisions of the constitution of the country and the legislation that has been enacted to outlaw discrimination at the workplace and to promote equality of opportunity is considered. The enforceability of the equity provisions of the National Plan for Higher Education are analysed in this context. Labour law also determines the respective rights and obligations of the parties when it comes to restructuring that is taking place in the higher education sector. Labour law acknowledges that the operational requirements of employers may compel them to restructure their operations. This may lead to a loss of jobs. The principles of labour law and labour legislation that regulate these phenomena are analysed. The National Plan for Higher Education seeks to bring about a change in the landscape of the higher education system in this country. It proposes mergers and incorporations of certain institutions of higher education into. other such institutions. Labour law principles and legislation regulate how these phenomena can be effected. Common law recognises an employment relationship between a particular employer and a particular employee and does not provide for the notion of transferring the employment relationship to a new employer. This dissertation analyses the applicable provisions of labour law when this transfer of contract happens in the higher education sector. Our labour law is itself in a state of flux, not only because the relevant labour legislation is new, but also because that "new" labour legislation is in the process of being amended. This aspect has been compounded by the fact that the Labour Appeal Court has given different interpretations to certain provisions of the legislation, leading to further amendment of the legislation. The relevant amendments relate to dismissals based on operational requirements of the employer and the transfer of contracts of employment from the "old" employer to the "new" employer. This dissertation aims to highlight the measures that the role players must take to ensure that the implementation of the directives contained in the National Plan for Higher Education, among others, does not fall foul of our labour law. / Thesis (LL.M.)-University of Natal, Durban, 2001.

The research is a descriptive study of the unique and diverse experiences of women who terminated their pregnancy according to the Choice on Termination of Pregnancy Act, No 92 of 1996. It traced the psycho-social experiences of the participants from the point of discovery to the actual abortion. The decision to terminate their pregnancy was not an easy one, yet participants chose this plan of action on the basis of their socio-economic circumstances. Moral and financial support was offered to participants from their partners, friends and/or significant others whilst no therapeutic counselling was provided prior to their making the decision to terminate their pregnancy, or the actual termination. Pre-abortion counselling was offered pre-dominantly at private health care institutions whilst none of the health care facilities provided post abortion counselling. Many of the participants had to not only endure the emotional pain of their decision but also the judgmental attitudes of the health care professionals who performed the abortion procedure. Participants were unable to make informed choices regarding the choice of abortion methods. As a result they were also unprepared for the intense physical pain they endured during the procedure. The study used the descriptive research design and a qualitative methodology. Purposive sampling technique was used to select the thirteen participants. Data were obtained through the semi-structured interview schedule. The ages of the participants ranged between 19-31 years. The study concluded that the Choice on Termination of Pregnancy Act, No 92 of 1996 was necessary but that inadequate resources hampered provision of holistic services. In addition the Choice on Termination of Pregnancy Act, No 92 of 1996 does not stipulate that pre and post abortion counselling should be a pre-requisite to access abortion services. This lack of counselling resulted in participants reliance on the medical professionals choice of abortion technique which in most cases was not what participants preferred. This research therefore, advocates the need for medical professionals to provide adequate information to as well as attending to the psycho-social implications for women who request to terminate their pregnancy. / Thesis (M.A.)-University of Natal, Durban, 2000.

No abstract available. / Theses (LL.M.)- University of Natal, Durban, 1999.

This study aimed at exploring the agenda setting process of the Road Accident Fund (RAF), a road accident compensation system operating in South Africa using Kingdon's model of Agenda Setting. This study focused on the period between 1996 when the RAF was introduced to 2005 when the focus in the Fund was put mainly on how to deal with fraud and corruption issues. When the RAF was put into place, the main aim was to establish a compensation system that will be able to deal with the effects of road accidents that the people suffer. These are mostly the vulnerable road users and public transport passengers who account for most of the road casualties. However there has been a shift in the focus of the Road Accident Fund Act of 1996, hence the majority of the people who were meant to be beneficiaries ended up not benefiting from the Fund due to corruption. A theoretical framework based on the work of John Kingdon (1995) is used to explore the developments in the RAF that led to the Road Accident Benefit Scheme (RABS) as a proposed system. Qualitative research method was used in order to trace the unfolding of the events and action of participants in the RAF in order to see whether the developments in the Fund can be explained using Kingdon's framework of agenda setting. Historical documents were used to collect data and to trace the chronology of events. These include formal records, including Annual Reports on the RAF and media articles, including newspapers. Content analysis method was done on material such as: Annual Reports on the Road Accident Fund, Meeting Minutes, Parliamentary Proceedings, Newspaper Articles and Speeches, primarily from the Department of Transport in order to analyse data. The findings of this study revealed that using Kingdon's theory of agenda setting, it is possible to come to a better understanding of the agenda setting process that led to a current state of the RAF. In the RAF case study, the three policy streams proposed by Kingdon namely: problem stream, policy stream and political stream, were identified. In the problem stream, the financial 'crisis' together with feedback from the formal as well as the media reports that indicated that the financial condition of the RAF was getting worse served as an indication that there was a problem in the Fund. Several ideas were generated in the policy stream of the Fund. Amongst other things, studies, discussions, hearings, meetings and conferences conducted by the RAF Commission for the purpose of investigating the Fund and come up with alternative solutions, created pressure for policy change. While RABS which incorporated in it a "no fault" system of compensation was proposed as a solution by the RAF Commission, liquidation of the Fund was also a concern. In the political stream, the national mood, change of administration and interest group pressure were evident and contributed to the agenda setting of the RAF. Media reports also contributed to the whole agenda setting process of the Fund. The implications of the analysis for future processes are drawn. / Thesis (M.Soc.Sc.)-University of KwaZulu-Natal, Pietermaritzburg, [2008].

The sacrifices required of Navy families are substantial. In order to maintain readiness, the Navy must maintain high standards and retain well trained people. To retain experienced and productive service members, family life must be supported and enhanced as much as possible. This study examined deployment related stress as experienced by deployed staff of the SAS SCORPION and their spouses and the Command's responses in terms of alleviating such stresses. A qualitative research methodology was used employing an exploratory, descriptive strategy. The study made use of non-probability purposive sampling for all three samples. To ensure rich data semi-structured interviews were used for samples one and two. Data was collected by means of a workshop for sample three. Respondents from sample one and two indicated dissatisfaction in the areas of military support, crime, medical problems, military housing, crisis periods, unplanned trips, and prolonged sea service. Sample three responded by acknowledging hardships experienced by samples one and two. They agreed in principle that a deployment seminar be made compulsory for military families and an incumbent be employed as a Naval liaison officer to coordinate problems experienced by deployed members and their families. The findings of this research, indicated the need for support structures and preventative programmes. / Thesis (M.Soc.Sci.)-University of Natal, Durban, 1999.

This paper undertakes an indepth study of the Kipi land restitution claim. This study focuses on the nature of the settlement achieved in the case ofthe Kipi land claim and covers the period 1993 to 1999. It compares the Cato Manor reconstruction and development process and the Kipi land restoration and housing process within the Durban Metropolitan's Inner West Council area. The study does this by tracing the history of the Kipi community's relationship with the land, documenting the communities resistance of the removal in terms of the Group Areas Act and presenting a critical examination of the communities efforts to reclaim and develop their land. The study uses the case ~tudy method to analyse the principles embedded in this settlement and attempts to draw on these to inform possible policy recommendations in respect of other urban land claims. The central thesis of this dissertation argues that the quality of restitution delivery is directly affected by the degree to which it is located within local development coordination and management institutions and structures. In the Kipi claim the Council chose negotiation rather than the apartheid planning principles of prescription and coercion. This resulted in a integration of the housing and restitution processes. It is in this light that the role of the land claims working group which was set up by the Commission and the Durban Metro Inner West local council is evaluated. While in the Cato Manor case the Council chose to follow the legal route and opposed restoration in terms of section 34 of the Restitution ofLand Rights Act. The consequences of following the legal route has been that the housing and land restitution processes have been compartmentalised. It is argued that post apartheid planning is indeed a complex process that needs to engage creatively and flexibly with issues of over due social justice and the current development needs of the urban poor. It is important that in reconstructing the urban landscape that communities are involved in planning models that focus on bottom up processes for successful outcomes. / Thesis (M.Dev.Studies)-University of Natal, Durban, 2003.

No abstract available. / Thesis (M.A.)-University of Natal, Durban, 2003.

King II articulated in an open manner, issues of disclosure, transparency, comparator ren1lmeration packages and a robust approach to the paYment of con1pensation in relation to poorly performing directors. While directors owe fiduciary duties to the company (shareholders present and future), by paying themselves huge packages, they do no longer act in the best interests of the con1pany because awarding themselves exorbitant packages may frustrate their duty to maximise shareholder value. The solution is that their interests be linked to those of shareholders by requiring that their pay be linked to their performance. With the advent of corporate governance reforms, other stakeholder interests have to be taken cognisance of by directors in corporate decision Inaking. As such, a huge gap between the salaries of rank and file employees and those of executive directors is seen as a conscious move to ignore the interests of legitimate stakeholders when there is no compelling reason to do so. To try and align the interest of shareholders and directors, it is felt that more emphasis has to be placed on actively engaging shareholders and employees in the determination of executive remuneration. It is subn1itted that pay that is not linked to performance is a breach of fiduciary duties, in particular, duty to avoid conflict of interest. However, our common law and Companies Act 61 of 1973 fail imn1ensely to address concerns relating to excessive remuneration pay. In particular, the business judgment nl1e precludes minority shareholders taking action on the basis of wrongs committed against the company by virtue of pay not being linked to performance. Neither has the introduction of corporate governance reforms impacted heavily on setting executive remuneration. They have not proved effective in curbing fat cat pay. It is acknowledged that these reforms have ~rought about a profound impact on attitudes in the corporate environment. However, numerous deficiencies, particularly in the context of South Africa can be identified. This thesis serves as a means of establishing whether fron1 a legal perspective, following recent reforms, the negative impact of exorbitant remuneration pay is of such a serious nature as to warrant more stringent regulation in one form or the other. South Africa should consider revan1ping and tightening current legislation, which as submitted is lacking in a number of respects. As a strategy to eradicate exorbitant pay, it is submitted that directors fiduciary duties have to be revised and legislated in order to successfully establish directors wrongdoing. It is felt that legislative enactment may be made stronger by the fact that it may have stronger and sharper teeth and hence able to reach where self-regulated codes are weak. / Thesis (LL.M.)-University of Natal, Durban, 2003.

This is a study undertaken to assess the effectiveness of employment equity implementation at Suncoast Casino. 2004 will mark ten years since South Africa became a democratic Country and as such it is now time to assess changes that have taken place since 1994. This study delves into the minds of staff at Suncoast Casino to evaluate their perceptions on employment equity implementation based on the five processes of the Employment Equity Act of 1998. Whilst the Employment Equity Act attempts to right old wrongs, the question that still emerges is: Is this not just another attempt at window dressing past injustices? A structured questionnaire was effectively utilised to obtain the necessary data required for the outcomes of the study. The questionnaire was designed to specifically target the five provisions of Chapter Three of the Act. The responses were captured on SPSS and were subject to analysis. The results of the study revealed very interesting findings. It was clear that employment equity implementation is taking place at Suncoast Casino. The findings however, did suggest that improvements in job satisfaction and training and development are required at Suncoast Casino in order to ensure effective employment equity implementation. Chapter Five explores possible recommendations for dealing with these areas of concern. The point of conclusion to this research undertaken is dealt with in Chapter Six. / Thesis (M.B.A.)-University of Natal, Durban, 2003.

No abstract available. / Thesis (LL.M.)-University of Natal, Durban, 2003.