A salient defect of South African civil procedural law is its lack of a formally recognised fact-discovery mechanism for the purpose of complimenting the process of pre-trial litigation. This defect comes to the fore when the South African discovery model is compared with those of other Anglo-American jurisdictions. In common with other Anglo-American civil procedural systems, South African civil procedural law has formally incorporated within its rules of court a system of discovery, but its discovery model is restricted to that of documentary discovery. 1 In contradistinction with the South African model, the scope of the discovery models of the United Kingdom,2 Austraiia3 and New Zealand4 is far wider in that they include not only documentary discovery but also fact-discovery in the form of interrogatories. The discovery models of the United States5 and Canada6 are even more liberal than the aforementioned because, apart from the practice of documentary discovery and the exchange of interrogatories, oral depositions as a mode of discovery are also permitted. Seen in this context, there is a notional difference between the South African model and the discovery models of other Anglo-American systems in that the latter recognise and apply fact-discovery as a procedure distinct from documentary discovery. Why is this so?

In both South Africa and the United States, the occurrence of certain political and social events have affected the cultural structure of the African society. As the patterns of community have been lost over time, due to colonialism and conquest, the foundations of traditional culture and tribal ritual have also been lost. There must be a recovery from this hopeless state of non-community. In the examination of the growth and development of a culture, it is pertinent to identify how people relate to themselves and other groups as a function of cultural identity. An intricate part of this is the way in which the individuals interact with each other spatially, and as a result of their surrounding environment. / Master of Architecture

Thesis (Ed.D.)--Boston University / PLEASE NOTE: Boston University Libraries did not receive an Authorization To Manage form for this thesis or dissertation. It is therefore not openly accessible, though it may be available by request. If you are the author or principal advisor of this work and would like to request open access for it, please contact us at open-help@bu.edu. Thank you. / This study examined the relationship that exists between the processes that are employed when establishing and implementing higher education-business partnerships and the impact that these partnerships have on technology-supported education reform. The concept of technology-supported reform refers to educational initiatives that are designed to generate technological innovations and skills as the key outcomes of the reform process. While earlier studies (Antelo & Henderson, 1990; Powers & Powers; 1988; Meister, 1998) showed links between the implementation of the core partnership processes and the eflectiveness of partnerships, there was insufficient evidence in the literature to support the concept that higher education-business partnerships have an impact on higher education reform. Consequently, investigating the relationships between the core processes that lead to effective partnerships and those that contribute to education reform was a primary goal of this study. The case study method was selected as the method of evaluation. Four cases that represent different contextual and operational environments were selected for the purpose of impact evaluation. A benchmarking framework was applied to the evaluation so that the investigation was consistent. The prediction was that each participating case would yield similar outcomes or replications with regard to the five theoretical assumptions, and the key research questions that bounded this study. Such replications would provide evidence to support a view held by South Africa's Ministry of Education (White Paper on Education 3, 1997), that business-education partnerships are a strategic policy approach for improving educational outcomes. This study assessed the extent to which the four cases addressed South Africa's post-apartheid educational transformation needs and challenges. Two sets of findings emerged: findings related to partnerships, and findings related to education reform. The main finding relating to partnership was that successful higher educationbusiness partnerships engaged key processes and procedures for planning, implementing, and evaluating their work. A key finding related to education reform was that higher education-business partnerships make an impact on education reform. The most significant areas of impact were: teaching and learning, human resources development, technology transfer and research. The study concluded by developing a proposed benchmarking framework which can be used to plan, implement and evaluate higher education-business partnerships. / 2999-01-01

No Abstract available / Jurisprudence / L.LD.

A dissertation submitted to the Faculty of Arts at the University of the Witwatersrand, Johannesburg, in partial fulfilment for the degree of Master of Arts. Johannesburg 1995. / This report explores co llect+ve ect+on around opposition to a propo..;ed hazardous waste 1andf t 11. Of concern ;s the role that social movement organisations and social movement activists, organising around environmental issues, can play in entrenching a participatory, non-racial democracy in South Africa's present transitional political phase. The analysis makes use of theories of social movements which argue that collective action is rooted in previous cycles of mobilisation, and that the role of social movement entreprenbJrS or activists is crucial in coll,ctive action mob'l Hsat ton. Data was collected through the use of participant observation and semi-structured interviews, Various documentary sources were also used. This report argues that mobilisation around environmental issues can best be understood by locating such mobilisation in the heritage of previous cycles of mobilisation, most notably in the period of the 19805. Furthermore, this report highlights the fact that the structure and form of ~he transitional state at national, regional and local levels presents certain constraints with regard to the extension and entrenchment of participatory democracy, Finally, it will be argued that while the Chloorkop Coalition demonstrates the pctent ial that environmental issues have for uniting communities across traditional racial and ideological barriers, it ;s not clear whether a lasting cross~racial cooperation can be achieved. / MT2017

Mussels are important ecological engineers on intertidal rocks where they create habitat that contributes substantially to overall biodiversity. They provide secondary substratum for other free-living, infaunal or epifaunal organisms, and increase the surface area for settlement by densely packing together into complex multilayered beds. The introduction of the alien invasive mussel Mytilus galloprovincialis has extended the upper limit of mussels on the south coast of South Africa, potentially increasing habitat for associated fauna. The aim of this study was to describe the structure of mussel beds, the general biodiversity associated with multi- and monolayered mussel beds of indigenous Perna perna and alien M. galloprovincialis, and to determine the relationship between mussels and epibiotic barnacles. This was done to determine the community structure of associated macrofauna and the role of mussels as biological facilitators. Samples were collected in Plettenberg Bay, South Africa, where M. galloprovincialis dominates the high mussel zone and P. perna the low zone. Three 15 X 15 cm quadrats were scraped off the rock in the high and low zones, and in the mid zone where the two mussel species co-exist. The samples were collected on 3 occasions. In the laboratory mussel-size was measured and sediment trapped within the samples was separated through 75 μm, 1 mm and 5 mm mesh. The macrofauna was sorted from the 1 mm and 5 mm sieves and identified to species level where possible. The epibiotic relationship between mussels and barnacles was assessed by measuring the prevalence and intensity of barnacle infestation and the condition index of infested mussels. Multivariate analysis was used on the mean abundance data of the species for each treatment (Hierarchical clustering, multidimensional scaling, analysis of similarity and similarity of percentages) and ANOVA was used for most of the statistical analyses. Overall, the results showed that tidal height influences the species composition and abundance of associated fauna. While mussel bed layering influenced the accumulation of sediments; it had no significant effect on the associated fauna. Time of collection also had a strong effect. While there was an overlap of species among samples from January, May and March, the principal species contributing to similarity among the March samples were not found in the other two months. The outcomes of this study showed that low shore mussel beds not only supported a higher abundance and diversity of species, but were also the most structurally complex. Although the condition index of mussels did not correlate to the percentage cover of barnacle epibionts, it was also evident that low shore mussels had the highest prevalence. The levels of barnacle infestation (intensity) for each mussel species were highest where it was common and lowest where it was least abundant. This is viewed as a natural artefact of the distribution patterns of P. perna and M. galloprovincialis across the shore. Mussels are more efficient as facilitators on the low mussel zone than the high mussel zone possibly because they provide habitats that are more effective in protecting the associated macrofauna from the effects of competition and predation, than they are at eliminating the effects of physical stress on the high shore. Although mussels create less stressful habitats and protect organisms from the physical stress of the high shore, there are clear limitations in their ability to provide ideal habitats. The biological associations in an ecosystem can be made weak or strong depending on the external abiotic factors and the adaptability of the affected organisms.

Submitted in fulfillment of the requirement for a Masters of Management Sciences: Human Resources Management, Durban University of Technology, Durban, South Africa, 2017. / Modern human resource management practices have the potential to ensure successful businesses and organisations. This is more so where the most significant resource in the organisation are people. This study seeks to examine the leadership and managerial style that ideally could be useful in promoting and developing sustainable businesses with the focus of the study being in community arts centres. This study may be able to contribute to identifying and/or developing future entrepreneurs who may have an interest in opening their own community arts centres and businesses. The results of successful art centres may result in a proliferation of such centres and ultimately offering alternative careers and the opportunities for growth and development for the young South African. This may result in the creation and development of a more robust creative art and drama industry. While it is acknowledged that various other resources are critical for a business to develop including finance, the focus on the management of people forms the basis of this research. The Department of Arts and Culture has identified cultural industries as one of the drivers of economic growth and job creation. Early indications are that the cultural industries are already making a significant contribution to the country’s Gross Domestic Product. The Department of Trade and Industry estimates that the craft sector alone contributes about R2-billion (about 200 million Euros) or 0.14% to South Africa’s GDP annually (Department of Arts and Culture 2013). Community art centres could be the seeds for the growth of the cultural industry. The study included 101 participants, made up of eight (8) centre managers, 69 administrative staff members and 24 centre users. The key findings in this study covered the identification of the leadership, managerial qualities and attributes needed by owners and employees to successfully run/manage a business such as community art centre; to determine whether there is leadership development taking place as a strategic intent so that the next level of managers can head up these centres as well as encouraging some staff to pursue the entrepreneurial route and finally examining human resource principle, processes and practices that are useful when leading and managing a successful community arts centres. / M

Poenskop Cymatoceps nasutus (Pisces: Sparidae), an endemic South African sparid, is an important angling species being predominantly targeted by the recreational shore and skiboat sector. This species is slow-growing, long-lived, late-maturing and sex-changing, making poenskop acutely sensitive to over-exploitation. Despite interventions, such as the imposition of size and bag limits (currently 50 cm TL and one per licensed fisher per day) by authorities, catch-per-unit-effort trends reflect a severe and consistent stock decline over the last two decades. Poenskop has been identified as a priority species for research and conservation. Although the biology and population dynamics of this species have been well-documented, little is known about the movement behaviour of poenskop. Furthermore, there is a complete lack of information on its genetic stock structure. This thesis aimed to address the current knowledge gaps concerning movement behaviour and genetic stock structure of poenskop, making use of a range of methods and drawing on available information, including available fishery records as well as published and unpublished survey and research data, and data from long-term monitoring programmes. Analysis of available catch data (published and unpublished) revealed a decline in the number of poenskop caught as well as size of fish taken over the last two decades, ultimately reflecting the collapse of the stock (estimated to be at 20% of their pristine level). Improved catch-per-unit-effort data from the Tsitsikamma National Park Marine Protected Area (MPA), and larger poenskop being caught in the no-take areas than adjacent exploited areas of the Pondoland MPA confirmed that MPAs can be effective for the protection and management of poenskop. The current MPA network in South Africa is already wellestablished, and encompasses considerable reef areas, being preferable for poenskop habitation. Conventional dart tagging and recapture information from three ongoing, long-term fishtagging projects, conducted throughout the poenskop’s distribution, indicated high levels of residency at all life-history stages. Coastal region, seasonality and time at recapture did not appear to have a significant effect on the level of movement or distance moved. However, on examining the relationship among coastal movements and fish size and ages, larger and older fish (adults) moved greater distances, with juveniles and sub-adults showing high degrees of residency. An estimation of home-range size indicated smaller poenskop to hold smaller home-ranges, while larger poenskop hold larger home-ranges. Large easterly displacements of a number of adult poenskop is in accordance with previous findings that this species may undertake a unidirectional migration up the coastline of South Africa where they possibly settle in Transkei waters for the remainder of their lives. This high level of residency makes poenskop vulnerable to localised depletion, although they can be effectively protected by suitable MPAs. Despite considerable tagging effort along the South African coastline (2 704 poenskop tagged with 189 recaptures, between 1984 and 2010), there remains limited information on the connectivity of different regions along the South African coastline. This was addressed using mitochondrial DNA sequencing. The mitochondrial DNA control region was used due to its high substitution rate, haploid nature, maternal inheritance and absence of recombination. The mtDNA sequencing showed no evidence of major geographic barriers to gene flow in this species. Samples collected throughout the core distribution of poenskop showed high genetic diversity (h = 0.88, π = 0.01), low genetic differentiation among regions, no spatial structure (ɸST = 0.012, p = 0.208) and no evidence of isolation by distance. The collapsed stock status of poenskop as well as the fact that it is being actively targeted by recreational and commercial fishers suggests that this species requires improved management, with consideration given to its life-history style, residency and poor conservation status. Management recommendations for poenskop, combined with increasing South Africa’s existing MPA network, include the possibility of setting up a closed season (during known spawning periods) as well as the decommercialisation of this species. The techniques used and developed in this study can also be adopted for other overexploited linefish species.

The spatial and temporal patterns in the population demographs and feeding ecology of the caridean shrimp, Palaemon peringueyi, was investigated over a 12 month period in the permanently open Kariega Estuary situated on the south-east coastline of South Africa. Shrimps were sampled monthly from three stations corresponding to the lower, middle and upper reaches of the Kariega Estuary. The shrimps were collected at the different stations using a pull net. Temperature, salinity, dissolved oxygen and % cover of submerged vegetation were measured at each sampling station. Finally, the feeding ecology of the shrimp was investigated employing stable carbon (δ¹³C) and nitrogen (δ¹⁵N) isotopes analysis. Temperature, salinity, dissolved oxygen and vegetation cover showed distinct seasonal patterns. The shrimps attained total abundances and biomass of between 0 and 245.6 individuals per m² (ind.m⁻²) and between 0 and 13.6 grams wet weight per m² (g wwt.m⁻²), respectively. Mean abundance ranged between 2.3 (± 3.0) and 88 (± 27.3) ind.m⁻² in the lower reach, between 0.9 (± 0.4) to 21.5 (± 4.5) ind.m⁻² in the middle reach and 0 to 1.6 (± 0.5) ind.m⁻² in the upper reach. Mean biomass ranged between 0.4 (± 0.5) and 4.4 (± 1.4) g wwt.m⁻² in the lower reach, between 0.1 (± 0) to 4.3 (± 0.9) g wwt.m⁻² in the middle reach and between 0 to 1.6 (± 0.5) g wwt.m⁻² in the upper reach. Greatest abundances and biomasses were recorded in winter following heavy rainfall within the catchment area. Freshwater inflow which is due to rainfall is thought to provide a cue for the recruitment of marine breeding organisms. The spatial patterns in the distribution of the shrimps showed that juveniles occupied the lower and middle reaches and adults the entire length of the estuary. There were no significant relationships between the abundance and biomass of the shrimps and the selected physico-chemical variables (p > 0.05 in all cases). Results of the stable isotope study indicated that the mean δ¹³C of the shrimps in the lower, middle and upper reaches were -12.4 (± 1.3) ‰, -15.6 (± 0.5) ‰ and -17.5 (± 0.5) ‰, respectively. The δ¹⁵N isotopes of the shrimps in the lower reach was 11.6 (± 0.5) ‰ with middle and upper reaches having similar δ¹⁵N values, 13.5 (± 0.4) ‰ and 13.4 (± 0.4) ‰, respectively. There was no significant difference in the δ¹³C and δ¹⁵N isotope (p > 0.05) between the sexes of the shrimps. Two-way ANOVA indicated a significant difference in the δ¹³C isotope of the shrimps between the sites (p < 0.05). The difference in the δ¹³C and δ¹⁵N ratios of the shrimps suggests spatial variability in the diet of P. peringueyi within the Kariega Estuary. The diet of the shrimps in the lower reach is primarily composed of Nanozostera capensis epibionts. In the middle reach the diet of the shrimps is likely comprised of the detritus of benthic algae. In the upper reach of the estuary, P. peringueyi likely derives its carbon from a combination of epibionts, benthic algae and detritus derived from Codium.

This thesis begins with the assumption that the theory of academic dependency provides an adequate framework within which the relationship between social science communities in the North and South can be understood. Present problems of social scientists in the South have very often been attributed to this dependence and it has been concluded that academic dependence has resulted in an uncritical and imitative approach to ideas and concepts from the West (Alatas, 2000). This dependence has also resulted in the general regression among social scientists based in the South and in a marginalisation of their works within the social science community no matter how significant and original they may be. The problematic invisibility of the works of prominent South African scholars is a dimension of a wider crisis of academic dependence, if unchecked this current trend will also reinforce academic dependence. From the nature of the problems generated by academic dependence, it is obvious that there is a need for an intellectual emancipation movement. This movement may take different forms that may range from but are not limited to a commitment to endogeneity which involves among other things, knowledge production that takes South African local conditions seriously enough to be the basis for the development of distinct conceptual ideas and theories. This requires transcending the tendency to use ‘the local’ primarily as a tool for data collection and theoretical framing done from the global north. Secondly, there is a need to take the local, indigenous, ontological narratives seriously enough to serve as source codes for works of distinct epistemological value and exemplary ideas within the global project of knowledge production. Endogeneity in the context of African knowledge production should also involve an intellectual standpoint derived from a rootedness in the African conditions; a centring of African ontological discourses and experiences as the basis of intellectual work (Adesina, 2008: 135). In this study, it is suggested that the recommendations highlighted above can only succeed if scholars make an effort to actually engage with locally produced knowledge. There is therefore a need to make greater efforts to know each other’s work on Africa. This demand is not to appease individual egos but it is essential for progress in scientific work. African communities will benefit from drawing with greater catholicity from the well–spring of knowledge about Africa generated by Africans. In the South African context, transcending academic dependence in the new generation of young academics requires engagement with the work of our local scholars who have devoted their lives to knowledge production. This thesis explores the scholarship of Professor Bernard Magubane by engaging with his works on race, class and inequality by locating his works within the wider debates on race, class and inequality in South Africa. The specific contributions of Professor Magubane to the enterprise of knowledge production are identified and discussed in relation to his critique of Western social science in its application to Africa. The making of Professor Magubane’s life, his career, scholarship and biography details are analysed with the intention of showing their influence on Magubane as a Scholar. The examination of Professor Magubane’s intellectual and biographical accounts help to explain the details, contexts and implications of his theoretical paradigm shifts. This helps prove that Professor Magubane’s experiences and theoretical positions were socially and historically constituted. The research from which this thesis derives is part of an NRF-funded project, on Endogeneity and Modern Sociology in South Africa, under the direction of Professor Jimi Adesina.