Bibliography: pages 235-252. / This investigation into adoption began in January 1986 in the Republic of South Africa. The aim was to understand adoption from the subjective viewpoint of adults who were adopted as infants or children. It was based on the working hypothesis that although adoption has universal qualities, there would also be regional, cultural and time-related differences affecting both the practice and experience of adoption. Appeals were made for respondents through three popular magazines, private welfare organisations, the Registrar of Adoption and by means of "snowball sampling". Questionnaires were subsequently posted country-wide between April and October 1986. The questionnaire contained 209 open- and closed-ended questions covering the period from adoption placement to adulthood. An eighty-eight percent response rate was obtained. The material was analysed with emphasis on the qualitative interpretation of the content of the data in the open-ended responses. The sample comprised eighty-two adult adoptees between the ages of eighteen and seventy, of whom seventy-one percent were female, twenty-nine percent male, 58,5 percent Afrikaans speaking and 41,5 percent English- speaking. Cultural differences were found in the responses of the two language groups. Variables that have been considered relevant or insufficiently explored in the literature on adoption were examined. These were: age of placement; attachment in the adoptive home; manner and timing of revelation of adoptive status and adoptee reactions to this; adoptee thoughts and fears concerning birth parents, the school experience; identity problems in adolescence and adulthood manifested as insecurity or behaviour problems; the adoptee's need to know more about his or her origins and the concomitant consequences. Notable findings were: the paucity of information given to these adoptees about their origins; thoughts and fears about birth parents that occurred as early as the pre-school period; childhood fears arising from the adoptive status; sensitivity about being adopted; peer group cruelty in pre-puberty and a seventeen percent parasuicide incidence among the members of this sample. Another finding related to the adult adoptee's need for a bio-genealogical history, especially in view of the high risk of certain genetic disorders, particularly among the Afrikaner population. The majority of the adoptees in this sample entertained the possibility of meeting birth parents one day; for many this began in pre-puberty. This was contingent on the quality of the relationship with their adoptive parents in only a minority of cases. Few adoptees could share their thoughts about adoption and birth parents with their adoptive parents. Adoptees who were 'searching' or who had 'found' birth parents were motivated more by a need to know who they were and why they had been given up for adoption, than by a need to replace the 'lost parent'. Where the relationship with the adoptive parents was warm and satisfying, the finding of birth parent(s) did not affect the adoptive relationship deleteriously. These findings point to a need for more research on adoption following changes in South African adoption laws allowing adult adoptees access to court records of their adoption. Adoptees and their parents need informed assistance from those who counsel them.

Includes bibliography. / For the National Party of South Africa, Communism was simultaneously a legitimate concern and a useful concept with which to attract voters and deflect criticism. The threat of Communism was frequently allied with the threat of African nationalism in National Party discourse during the apartheid era. The alliance between the African National Congress and the South African Communist Party, and the Soviet's role in supporting various governments and opposition movements on the subcontinent lent credence to the National Party's stance. This study, believed to be the first of its kind on the subject, examined the National Party's perception of the Communist 'threat' or 'red peril' from c. 1985 until February 1990, at a time when the Communist's role on the subcontinent was changing but 'revolutionary' unrest in South Africa was escalating. The study culminated in an assessment of National Party discourse prior to and during February 1990 to decipher the influence of the collapse of Communism in Eastern Europe on the decision to lift the bans on the ANC, SACP and PAC. Secondary research examined the facets of the Communist 'threat' in South Africa. Primary research used the South African Survey, the parliamentary Hansard, key journals, party and sub-national newspapers, the papers of P. W. Botha and F.W. de Klerk, and party electioneering material to analyse National Party references to the Communist 'threat'. In addition F.W. de Klerk, and his co-author, David Steward were interviewed. The analysis was necessarily qualitative, but the volume of evidence gathered enabled a number of insights to be advanced. The National Party's references to the Communist 'threat' changed during the period in response to political settlement in South West Africa/Namibia, the increased pressure from the West to abolish apartheid, and to domestic political challenges both from traditional sources of opposition and traditional sources of support. The confusion caused by the changing loci of domestic political opposition and international criticism was also evident. While the portrayal of a Soviet driven Communist threat declined in party discourse and the National Party posited a more constructive approach to socio-economic aspects of the Communist threat (in the face of Conservative Party opposition), the portrayal of a military and political threat from Communist-backed forces remained common until 1989. The discourse between 1985-89 did not anticipate the lifting of the ban on the ANC-SACP alliance who were portrayed in party rhetoric as being committed to Communism, and therefore illegitimate negotiating partners, as late as July 1989. In this context the study examined the February 1990 lifting of the ban on the ANC-SACP alliance, against the background of the collapse of Communism in Eastern Europe. The study demonstrated de Klerk's misjudgement of the ANC and his belief that as a result of the collapse of Communism, the initiative could be seized at the ANC's expense, to create a new political dispensation that still 'protected' the white minority.

BIbliography: p. 151-154a.

The problem: The study of child abuse in South Africa has concentrated on management issues, and the epidemiology of child abuse and neglect has yet to be determined. Child abuse intervention programmes are based on data from studies conducted in the United States and Europe. Over the past few years practitioners in the field have expressed the need for local information to be available in order to plan future child protection programmes. A review of the literature reveals that the medico-legal model developed in the United States and the United Kingdom, based on investigation, is under strain due to the large number of reported cases of child abuse. Aims: The study aims to compare the data collected with that reported in the literature. The specific research questions include: • Can the characteristics of abused children in Cape Town be determined? • Do the characteristics of child abuse and neglect in Cape Town differ from those reported in the literature? • Should and can a child abuse reporting system be developed and implemented? • Can prevention and intervention strategies be developed based on the epidemiological data that has been collected? • Can the study in Cape Town provide an impetus for further research in the field of child abuse and neglect? • Can the results provide the basis for a National Plan of Action on child abuse and neglect? Methodology Following extensive consultation in with professionals and practitioners in the field, a child abuse reporting system was established in Cape Town, South Africa. Clear definitions of child abuse and neglect were agreed upon, and for the period October 1993 to May 1995 practitioners in the field reported all cases of child abuse and neglect to a central reporting centre. The data was entered on to a computer and analysed by the researcher. Results • The overall picture of child protection in Cape Town: • Child abuse and neglect primarily affects females in the Cape Town area; • younger children are more likely to be physically abused or neglected; • older children are more likely to be sexually abused. • Characteristics of the children abused, in particular, the differences between male and female children: • Females are at a high risk of child sexual abuse, • Males are more prone to physical abuse. • There is an absence of reported fatal child abuse. • Profile of the alleged perpetrator: • most of the abuse is either intra-familial, or inflicted by a person known to the child. • The geographical distribution of child abuse: • the distribution of abuse is influenced by the reporting agencies. In this study the incidence of reported child abuse and neglect is predominantly from the Cape Flats areas, though this does not reflect the rate of reported child abuse and neglect. • Action is taken by child protection agencies: • the majority of reported child abuse and neglect is managed by social service agencies; • the police do not investigate child reported child abuse and neglect in the majority of cases. • Comparison with the literature: • The characteristics of reported child abuse differ from that in the literature. • Child physical abuse is under-reported in comparison to other countries. • Rates of reported child sexual abuse are higher than those reported in the literature. Conclusions and recommendations Child abuse is an important problem in Cape Town, and in South Africa as a whole. The required response to this phenomenon is the development of an appropriate Child Protection Service, based on the concept of the prevention of child abuse and neglect, rather than on a reaction to abuse already present. This involves consideration of the data in this study and other studies, as well as examination of the philosophy behind the Child Protection Service to be set up. This approach can be adapted in other countries.

Bibliography: leaves 319-329. / Heelwat is al geskryf oor die kenmerke en gevolge van die Nasionale regering se apartheidsbeleid wat sedert 1948 sy beslag in Suid-Afrika gekry het, veral m.b.t. hoe dit Swartmense raak en steeds raak. In die laaste jare het ook meer publikasies verskyn oor hoe die beleid twee minderheidsgroepe in Suid-Afrika, die Kleurlinge en die Indiers, raak. Min aandag is egter al gegee aan die dryfvere of beweegredes agter die toepassing van die beleid van apartheid en die argumente wat gevoer is om besluitnemers te beinvloed in die besluite wat hulle geneem het. Die Burger het deur die jare 'n reputasie ontwikkel as die Afrikaanse koerant wat eerstens die meeste lewenskragtigheid toon en tweedens 'n vorm van deurdagte kommentaar oor politieke gebeure lewer wat dikwels dieselfde is as die wat in regerings-kringe gehuldig word. In 'n tyd wat min publikasies of instansies apartheid sou verdedig, het Die Burger hand aan hand met die Nasionale regering voortgegaan om dit te doen, maar terselfdertyd kriewelrigheid oor sekere aspekte van die beleid in meerdere of mindere mate openbaar. Desondanks sy verdediging van apartheid, het die koerant in die vyftiger- en sestigerjare die reputasie ontwikkel as 'n meer gematigde of 'verligte' ondersteuner van die Nasionale regering en ook daarin geslaag om wereldwyd hoog aangeskrewe te word in joernalistieke kringe. Die verwydering van die Kleurlingkiesers van die gemeenskaplike lys in die vyftigerjare word algemeen beoordeel as 'n negatiewe daad wat die Nasionale saak skade aangedoen het - 'n mening wat ook al in hoe Nasionale kringe geopper is. Om 'n goeie insig in die problematiek van die tyd te kry, is dit belangrik om ook die menings te bepaal van die koerant wat waarskynlik 'n reuse-rol gespeel het om die besluitnemers te beinvloed in die besluite wat hulle oor die Kleurlingstem en die konstitusionele stryd van die vyftigerjare geneem het. Die dryfvere of logika (indien enige) agter die Nasionale optrede kan 'n groot rol speel vir 'n beter verstandhouding van die era. Apartheid word vandag feitlik universieel veroordeel weens 'n verskeidenheid van redes wat reeds goed gedokumenteer is. Min aandag is egter al gegee aan wat mense beweeg het om die beleid toe te pas en dit steeds op 'n afgewaterde wyse toe te pas. Die kommentaar en optrede van Die Burger gee 'n goeie insig in wat die dryfvere was agter die verwydering van die Kleurlingkiesers van die gemeenskaplike lys. Dit blyk bv. dat die optrede nie net gemotiveer is deur naakte rassisme nie, maar dat faktore soos Nasionalisme en 'n bedreigings-persepsie 'n ewe groot rol gespeel het. Met hierdie werkstuk is dan hoofsaaklik gepoog om 'n lyn te probeer trek en die logika (indien enige) te probeer vasstel tussen Die Burger se propagering van die verwydering van die Kleurlinge van die gemeenskaplike lys in 1956 (In effek 'n vermindering van regte) tot die beroep vier jaar later op die Nasionale regering vir die oorweging van 'n beleld van reg-streekse verteenwoordiging van Kleurlinge deur Kleurlinge in die Parlement (In effek 'n vergroting van politieke regte). Dit is gedoen teen die agtergrond van N.P. Van Wyk Louw se denke, wat veral die destydse redakteur van Die Burger, mmr. P.J. Cillie, grootliks beinvloed het, dat kritiek deur lede van 'n klein en bedreigde volk op optrede van die leiers van die klein volk vanuit die lojale binnekring gedoen moet word.

Bibliography: pages 143-149. / A struggle for control of the means of production and surplus is constantly played out between those who 'legally' possess the instruments of production - the bourgeoisie, and those who operate, but are alienated from, the means of production - the working class. This struggle manifests itself in countless ways and never retains the same form: the bourgeoisie always seeks fresh methods to keep the proletariat beneath its yoke, while the proletariat itself always forges new ways of counteracting the bourgeoisie's exploitative measures. It is the contention of this work that from 1917 to 1920 a phase of heightened class struggle occurred in South Africa between the African working class and the bourgeoisie in the form of its representatives in both government and the employing class. As we shall see in the chapters which follow, labour spontaneously confronted capital; it made certain demands on the capitalist system and the stage seemed set for a long and traumatic battle between the controllers and the operators of capital. Yet, as suddenly as it began, the popular militancy of the 1917 to 1920 period evaporated; in its stead came a period of dominance by petty bourgeois organisations accompanied by a decline of working class protest. This dramatic change in the quality of working class resistance merits discussion, and to this end a number of questions can he raised: (1) What gave rise to the growth of militancy during and after the First World War? (ii) What happened to this militancy after the War, and what caused it to go into decline? (iii) If militant class confrontation disappeared, what form did the conflict then take, and what new relations between the differing classes came about?

Bibliography: pages 358-368.

Public, Constitutional, and International / LL. D.

The idea for using Southey's letters as the basis for a study of his administration or Griqualand West was suggested to me by two historians, one South African and one American, almost simultaneously. Thus inspired, I spent many hours in the Cape Archives where I became fascinated by Southey, his friends and his numerous adversaries. Southey was a tireless correspondent, and from his detailed accounts of the day to day happenings in Griqualand West and his definite opinions on people and events, a vivid picture emerges of Southey as a man. Stubborn, irascible, protocol minded and disorganized on one hand, humanitarian and imperialistic to the point of being almost visionary in his dreams for Africa on the other. The difficulty was to present Southey in depth without drowning in detail. Certain aspects of Southey's administration I have deliberately omitted, for instance, the complicated issue of ownership of the land which became Griqualand West and the endless boundary squabbles with the OFS and the SAR. Others, such as Southey's relations with Barkly, Carnarvon and Froude I have only touched upon from Southey's point of view as they have been dealt with in great detail by Mr. Goodfellow and Mrs. Macmillan. I have concentrated on the specific issue of Southey's administration and why it tailed. Southey's attitude towards the natives, which affected his views on the arms trade, complicated the settlement of the land problem, and soured his relations with the diggers was one factor. There were others as far flung as the fluctuation of the world diamond market, and as near as Southey's inability to compromise and his knack of making both warm friends and bitter enemies.

i.i Research question The purpose of this dissertation is to examine whether South Africa’s approach to the taxation of ordinary partnerships flows clearly from its legal recognition thereof, or whether further clarity is needed from South Africa’s fiscal legislation i.ii Background and research method Peculiarities inherent in South Africa’s taxation of ordinary partnerships versus the legal nature of a partnership, is discussed in detail with reference to a comparison of the local treatment of foreign legal and tax systems. The legal systems of the United Kingdom, Ireland and the United States of America, have evolved out of the same common law as is recognised in South Africa, and so have already dealt with the issues illustrated in this dissertation, namely: Legally, partners own the assets of the partnership in joint and undivided shares. For tax purposes, however, each partner is treated as having a fractional interest in the assets of the partnership. The two approaches are different and give rise to an analysis as to how our tax legislation achieves conformity. Legally, when a partner 'joins’ or leaves a partnership, there is a legal dissolution of the partnership, and thereby a disposal by each partner of his or her share in the underlying assets. In tax, a disposal is likely to give rise to income and/or capital gain considerations. In the event that a legal dissolution of a partnership arises, and should the taxation consequences follow, the extent of any concomitant disposal must be determined, and whether any relief (roll-over or recognition of a divided interest) should be provided to such disposals and the subsequent consequences (such as valuation). The evolution of the ordinary commercial partnership is discussed, with particular reference to its use as a regulatory avoidance structure, for example by the circumvention of the usury doctrine. Those characteristics which have survived in the modern-day legal recognition of partnership, in light of their history, contextualise the ensuing discussion as to the necessity, or otherwise, of legislative intervention. One of the tents of a robust legal system which exudes the qualities of the rule of law, is clarity. It is therefore incumbent on Government to address any lack of clarity in the application of the law if adherence to the rule of law is to be upheld. Once it is established that a valid ordinary commercial partnership is constituted, the relevant mechanics flowing from the model, which require legislative clarification are more easily identified. The approaches taken by the foreign jurisdictions considered in this dissertation provide some guidance as to possible methods of addressing and overcoming those legal-versus-tax dichotomies discussed herein. Whether it is necessary for South Africa to reject the aggregate approach in law with harmonious intervention coming from tax legislation, such as the practice in the United States; or whether the aggregate approach be retained subject to clear legal treatment as demonstrated by the UK, remains a question for further research. It is submitted that the UK, Ireland and the US have taken extensive legislative measures to overcome the dichotomy between the legal-versus-tax recognition and treatment of partnerships, and that South Africa might not require such extensive codification. Rather, the specific areas in which the greatest discord exists are discussed in this dissertation, and it is submitted that bespoke intervention, as suggested in the concluding paragraphs of this dissertation, would go far towards achieving legal certainty in this regard. i.iii Findings Section 24H and paragraph 36 of the Eighth Schedule to the Income Tax Act 58 of 1962 (“the Act”) deal adequately with the income and capital gains arising during the continuation of a partnership, as well as in the event of a change in the profit and loss sharing ratios of the partners. It is submitted, however, that on the commencement of a partnership, including the introduction of a person to an existing partnership or an asset by a partner into a partnership, and on termination of a partnership or a partner’s interest therein, the legal considerations are not clearly dealt with by existing tax legislation. It is also possible that unbusiness-like results at these tax trigger-points could be avoided with pragmatic legislative intervention.