Magister Legum - LLM / South Africa has seen a spike in medical malpractice litigation, including the number and size of claims instituted against healthcare practitioners. This has led to a backlog in medical malpractice court cases throughout South Africa and a strain on both the public and private healthcare sectors, affecting an already burdened healthcare system. The surge in medical malpractice litigation is not a new phenomenon in developed countries. Most have curbed this through alternative dispute resolution (ADR). This has been facilitated by effectively introducing efficient legal frameworks that promote ADR. Unfortunately, this is not the case in a developing country such as South Africa. To date, much research and literature has attributed blame for the large-scale increase in medical malpractice litigation to legal practitioners. This has been aided by comments made by the former Minister of Health, Dr Aaron Motsoaledi (Dr Motsoaledi). In as much as this may be the common perception, there appears, to the contrary, to be systematic problems in the South African healthcare system. The legal profession is only a minor contributing factor to the increase in medical malpractice litigation. The strained financial resources and shortage of healthcare staff in public hospitals contributes to the increased risk of medical malpractice cases. Furthermore, when considering the South African legal system, contingency fee arrangements have, in certain circumstances, increased vexatious litigation and, as such, it is on this basis that medical malpractice litigation has been on the increase in South African courts. This study seeks to analyse the current state of the South African healthcare system, and in light of the increasing number of medical practice claims and litigation, propose ADR mechanisms that offer efficient, cost effective, and expeditious channels to resolving these issues and to ensure that parties recognise the full benefits of ADR. This study proposes legal reform in medical malpractice litigation in South Africa. This thesis compares the experiences, legislative and policy frameworks in Australia and the United States of America (USA), in order to learn lessons that could assist South Africa in framing legislation and best practices for ADR. It contends that, in order to effectively develop and implement ADR to address medical malpractice litigation, it requires the involvement of the government, legislature, judiciary, legal profession and the public. It has identified court- iv annexed mediation as the appropriate ADR mechanism in addressing medical malpractice litigation.

This study records the history and activities of the South African Society of Music Teachers (SASMT) from its founding in 1922 until 2015, concentrating on the contribution it has made to music education in South Africa and the extent to which it has adapted to changing socio-political circumstances. Within the context of South African history and its education system, a study of the SASMT's Constitution, journal and other archival material was undertaken. The SASMT's reaction to changing trends in music education, including multiculturalism and the praxial philosophy, was contrasted with the activities of the South African Music Educators' Society (SAMES) and comparable overseas organisations. The mission and activities of ISME and PASMAE were used as a yardstick for determining the extent to which the SASMT fulfills the music educational needs of post-apartheid South Africa. Initially the SASMT provided a link between Europe and South Africa, focusing almost exclusively on Western Art Music. With an arguably colonial-based outlook, the organisation helped to unite music teachers by means of various projects and activities, as well as through its magazine and by forming a strong relationship with the overseas examining bodies and Unisa. Throughout its history, the SASMT has grappled with determining exactly what aspects of music education it represents, and consequently who should be admitted to membership. This became particularly pertinent in the 1980s with the formation of the South African Music Educators' Society, which highlighted the need for a more open organisation in the context of the fragmented education system of the times. The SASMT has a long, stable history, with a network of centres and institutional members, and in the late 1990s was appointed as the National Affiliate of ISME. Currently the SASMT is characterised by reduced participation in its activities and a membership that does not adequately reflect South Africa's demographics. The study concludes with recommendations as to how the SASMT might transform its vision to serve fully the needs of South African music education. / Art History, Visual Arts and Musicology / D. Litt. et Phil. (Musicology)

The story of the Tower of Babel (Gen 11: 1-9) has been interpreted in various ways down through the centuries. However, most commentators have ignored the genre of the text, and have not sought to interpret it within its mythological framework - therefore most interpretations are nothing short of babble. A working text is ascertained, and the complexity of the text investigated. The text is then identified as 'myth': within its mythological framework the tower is seen as a temple linking heaven and earth, ensuring the continuation of the royal dynasty (i e 'making a name'). When used by the Yahwist Levites during the Babylonian Exile, our story was inserted in the great Pre-History as polemic against the Babylonian concept of creation, temple, and dynasty; and served as both a warning and an encouragement to the Exiles. The post-exilic Priestly Writer re-interpreted our story as a warning to the returning exiles that their society, and their temple, should be reconstructed as YHWH determines. Interpreting the story as myth enables it, finally, to speak clearly into our context today, especially that of South Africa. / Biblical and Ancient Studies / D. Th. (Old Testament)

The most popular paradigm for Jesus is 'Jesus as the Divine Saviour'. This image is inadequate for understanding the historical Jesus, because it is also inaccurate as an image for the Christian life. Marcus J Borg claims that the Christian life is about a relationship with God that involves us in a journey of transformation. In advocating the 'Third Quest', Borg develops an alternative image of 'Jesus as Jewish mystic ', contrary to the idea of 'Jesus as Jewish/Christian Messiah '. The image of Borg involves five universal religious personality types. The paradigm shift from 'Jesus as the Divine Saviour' to that of 'Jesus as Jewish mystic' is investigated as well as the relevance and consequences of this, for everyday religion and the conventional church. A plea for a positive assessment of the issue of the historical Jesus is presented. This could have existential implications for South African society as a whole. / Biblical and Ancient Studies / M.Th. (New Testament)

The story of the Tower of Babel (Gen 11: 1-9) has been interpreted in various ways down through the centuries. However, most commentators have ignored the genre of the text, and have not sought to interpret it within its mythological framework - therefore most interpretations are nothing short of babble. A working text is ascertained, and the complexity of the text investigated. The text is then identified as 'myth': within its mythological framework the tower is seen as a temple linking heaven and earth, ensuring the continuation of the royal dynasty (i e 'making a name'). When used by the Yahwist Levites during the Babylonian Exile, our story was inserted in the great Pre-History as polemic against the Babylonian concept of creation, temple, and dynasty; and served as both a warning and an encouragement to the Exiles. The post-exilic Priestly Writer re-interpreted our story as a warning to the returning exiles that their society, and their temple, should be reconstructed as YHWH determines. Interpreting the story as myth enables it, finally, to speak clearly into our context today, especially that of South Africa. / Biblical and Ancient Studies / D. Th. (Old Testament)

The most popular paradigm for Jesus is 'Jesus as the Divine Saviour'. This image is inadequate for understanding the historical Jesus, because it is also inaccurate as an image for the Christian life. Marcus J Borg claims that the Christian life is about a relationship with God that involves us in a journey of transformation. In advocating the 'Third Quest', Borg develops an alternative image of 'Jesus as Jewish mystic ', contrary to the idea of 'Jesus as Jewish/Christian Messiah '. The image of Borg involves five universal religious personality types. The paradigm shift from 'Jesus as the Divine Saviour' to that of 'Jesus as Jewish mystic' is investigated as well as the relevance and consequences of this, for everyday religion and the conventional church. A plea for a positive assessment of the issue of the historical Jesus is presented. This could have existential implications for South African society as a whole. / Biblical and Ancient Studies / M.Th. (New Testament)