A budding author bold enough to have sent his manuscript to Dr Samuel Johnson for appraisal received a reply, so the story goes, in these terms: ‘Sir. Your work is both original and good. Unfortunately the part that is good is not original. And the part that is original is not good. I find it difficult to say anything new or original about the lovable man whose life we celebrate this afternoon and whose memory we thus keep alive. For so much has been said in the tributes previously paid to him, tributes testifying to the place he occupied in the hearts of countless South Africans. What is good should prove easier, however, when it is said of someone whom, at the ceremony held in court soon after his death, Ralph Zulman described, simply and truly, as a good man. So, be it said how it may, what I shall say today about Ernie Wentzel feels good to say. Unless someone who is now a lawyer was acquainted with Ernie during his childhood or schooldays, I can rightly claim, I believe, that none still around knew him for more years than I did. Our long friendship may explain why John Dugard honoured me with the invitation to deliver this lecture. It was certainly my reason for accepting the invitation with alacrity. Ernie and I first met each other 37 years ago, in 1951, when he entered the University of Cape Town, where I too was a student. I happened to be his senior by two years. But I soon got to know him well, for we had a lot in common. We were both enthusiastic student politicians. And we were in the same camp. Our time together on the campus was one of turmoil, not as acute as that which campuses have experienced subsequently, but intense nonetheless since, in addition to all the other strife of the period, the Universities of Cape T own and the W itwatersrand were under an attack that was constant and fierce for their policy of admitting students of every race, and they faced the threat of legislation forbidding them to accept any who was not white without official pennission.

Terrorism remains a cardinal threat to national, regional, and international peace and security. It violates the fundamental principles of law, order, human rights and freedom and remains an affront to the Global Charter of the United Nations (UN) and the values and principles enunciated in Africa's Constitutive Act of the African Union (AU). Moreover, it presents a grave and direct threat to the territorial integrity, security and stability of States. In this regard, effective counter terrorism mechanisms and approaches remain fundamental tools in curbing the threats and devastating effects of terrorism. Since the advent of the 'war on terror', issues regarding terrorism and counter-terrorism have become pronounced norms within the international realm. Yet, while an abundance of literature has been focussed and analyzed on counter terrorism approaches within the United States (US), the United Kingdom (UK), Russia and India; little has been documented on effective counter terrorism approaches in South Africa post-2001. Given emerging trends of terrorist camps within the country and the fact that South Africa will be hosting the international event of the 2010 FIFA Soccer World Cup, it is imperative that South Africa improves the overall direction of its counter terrorism strategy. Essentially, this study offers recommendations for the most effective counterterrorism mechanism, which will aid policing in South Africa. History and current events indicate that South African Police Service (SAPS) has the capacity and capability to successfully deal with threats of terrorism. What is lacking is a concrete proactive counter terrorism approach that makes SAPS stand out as the lead department in countering terrorism. Yet, it should be borne in mind that the most important principle of any counter terrorism operational concept is to co-ordinate an operation with an integrated approach. Bearing this in mind, this study includes an assessment of the counterterrorism methodologies of various agencies responsible for counter terrorism within South Africa, with SAPS being the focal point. To establish the most effective counter terrorism strategy applicable to the South African context, this study considers a comparative analysis of counter terrorism strategies adopted within specified developed (Russia, US and UK) and developing countries (India and Algeria) as well as a conceptual analysis of relevant policing mechanisms that are currently considered as appropriate mechanisms to counter terrorism within specified countries. The synopsis of best-case practices of counter terrorism in developed and developing countries as well as the relevant literature on policing mechanism are then synthesized and interrogated into conceptualising an effective policing mechanism to counter terrorism in South Africa. / Criminology / M. Tech. (Policing)

Terrorism remains a cardinal threat to national, regional, and international peace and security. It violates the fundamental principles of law, order, human rights and freedom and remains an affront to the Global Charter of the United Nations (UN) and the values and principles enunciated in Africa's Constitutive Act of the African Union (AU). Moreover, it presents a grave and direct threat to the territorial integrity, security and stability of States. In this regard, effective counter terrorism mechanisms and approaches remain fundamental tools in curbing the threats and devastating effects of terrorism. Since the advent of the 'war on terror', issues regarding terrorism and counter-terrorism have become pronounced norms within the international realm. Yet, while an abundance of literature has been focussed and analyzed on counter terrorism approaches within the United States (US), the United Kingdom (UK), Russia and India; little has been documented on effective counter terrorism approaches in South Africa post-2001. Given emerging trends of terrorist camps within the country and the fact that South Africa will be hosting the international event of the 2010 FIFA Soccer World Cup, it is imperative that South Africa improves the overall direction of its counter terrorism strategy. Essentially, this study offers recommendations for the most effective counterterrorism mechanism, which will aid policing in South Africa. History and current events indicate that South African Police Service (SAPS) has the capacity and capability to successfully deal with threats of terrorism. What is lacking is a concrete proactive counter terrorism approach that makes SAPS stand out as the lead department in countering terrorism. Yet, it should be borne in mind that the most important principle of any counter terrorism operational concept is to co-ordinate an operation with an integrated approach. Bearing this in mind, this study includes an assessment of the counterterrorism methodologies of various agencies responsible for counter terrorism within South Africa, with SAPS being the focal point. To establish the most effective counter terrorism strategy applicable to the South African context, this study considers a comparative analysis of counter terrorism strategies adopted within specified developed (Russia, US and UK) and developing countries (India and Algeria) as well as a conceptual analysis of relevant policing mechanisms that are currently considered as appropriate mechanisms to counter terrorism within specified countries. The synopsis of best-case practices of counter terrorism in developed and developing countries as well as the relevant literature on policing mechanism are then synthesized and interrogated into conceptualising an effective policing mechanism to counter terrorism in South Africa. / Criminology and Security Science / M. Tech. (Policing)

M.A. (Political Studies) / This dissertation investigates theoretical aspects of the mobilisational strategies of the African National Congress and its surrogate organisations within the context of the development of their strategic doctrine and utilises the townships of Port Alfred and Cradock as examples. The study focuses on the mechanisms utilised by the African National Congress to mobilise support for its programme during the period 1980-1988. This thesis argues that the activities and actions of the ANC which took place in certain select areas in the Eastern Cape Region of the Republic of South Africa can be correctly described as a People's War insurgency. It examines the concept of People's War within the context of revolutionary warfare or insurgency and identifies the essential characteristics of this doctrine. It then examines the development of the military doctrine of the African National Congress and traces the various strategic influences which have shaped ANC military thinking. It counterpoises the development of ANC People's War doctrines against the model of People's War as formulated by Mao and the Vietnamese theorists. The ANC's People's War doctrine is examined within the context of the various mobilisational, military and organisational mechanisms employed in the townships. These are in turn examined within the framework of the specific township examples selected in the Eastern Cape region. The military dimension of ANC People's War strategy is explained and the reasons for its failure examined. The counter-strategy of the RSA Government is also briefly examined. Conclusions about the changing face of ANC strategy are drawn in the final chapter and the various hypothesis propounded in this dissertation are concluded

This paper aimed at analysing what was South Africa's response to its international obligations regarding the 9/11 events and how does such response comply with the country's constitutional framework. This study gave a brief outline of the most significant legislative changes in a number of countries and then concentrate on the South African anti-terrorism legislation. It identified the provisions of the Act that have been discussed most controversial throughout the drafting process and analysed whether they comply with constitutional standards. Particular emphasis was laid on the possible differences between the South African Act and comparative legislation that derive directly from the apartheid history of the country.

This paper aimed at analysing what was South Africa's response to its international obligations regarding the 9/11 events and how does such response comply with the country's constitutional framework. This study gave a brief outline of the most significant legislative changes in a number of countries and then concentrate on the South African anti-terrorism legislation. It identified the provisions of the Act that have been discussed most controversial throughout the drafting process and analysed whether they comply with constitutional standards. Particular emphasis was laid on the possible differences between the South African Act and comparative legislation that derive directly from the apartheid history of the country.

LL.M. (International Law) / Although international law is still a relatively new field within the South African legal system, South Africa has come a long way since the unsuccessful prosecution of Wouter Basson (1999- 2002) for apartheid crimes in the North-Gauteng high court. Recent cases as well as media reports have focused the attention once again on South-Africa‟s obligation to investigate and prosecute certain international crimes. Although criminal investigation and prosecution is generally, not only the duty of a domestic legal system, but also within the discretion of the domestic authorities, certain offences are so heinous that they are regarded as international crimes. It has been accepted since the Nuremburg trials, conducted after World War II, that the whole international community has an interest in the effective punishment and deterrence of international crimes.2 A right and sometimes even a duty to prosecute international crimes may arise from a multilateral treaty to which a state is party, such as the Rome Statute of the International Criminal Court, the four Geneva Conventions of 1949 and the Additional Protocols thereto, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and various terrorism conventions. South Africa is a signatory to the abovementioned treaties. The focus of this dissertation is on South Africa‟s responsibility in terms of international law to investigate and prosecute international crimes. The author researched the question whether South Africa complied with its international law obligations.

The focus of this study is to establish how victimization through violence has affected the families who are interviewed. The purpose is to describe how the family’s world has changed in different moments during the political strife in South Africa. The different context or moments are those of political inactivity, the struggle years, the period after the struggle when the Truth and Reconciliation Commission was constituted and the new world order in which the families continue with their lives. Using a phenomenological approach, the experiences of families subjected to different forms of political violence, such as disappearances of victims, torture in detention and death in detention, are discussed. The literature review on violence in the South African context situates any discourse which occurred within the broader social, historical and political context. Systems Theory, Social Identity Theory and an Integrated Theory of Political Violence are used as theoretical perspectives in understanding the interconnectedness between violence which affected the families in the present study and the whole society. The qualitative research interview method postulated by Kvale (1996) has been used to collect data from the families. This procedure has enabled the researcher to study the data as it emerged thus allowing an understanding of the essential meanings implicit in the participants’ descriptions of their experiences. The data consists of audio taped interviews conducted with twenty-two members from ten families. This resulted in twenty-two protocols which were transcribed and analysed. The analysis of the protocols, though used differently from the situated structure identified by Wertz (1983), brought essential themes common to all participants. The research findings reveal themes which demonstrate that experiences of the families subjected to political violence had an impact on their lives. They remember living routinely before the struggle against the apartheid structures. This is remembered as a very long time. The struggle years brought disintegration of the family unit as people fled their homes into exile. Others disappeared, were detained, tortured and dies in prison. The relationship between the families and their children was that of concern, as parents discouraged their children to participate in the political activities. The effects of violence culminated in hardship for many families as they experienced an absence of a helpful community, alienation from political organizations, and distrust of the State during the time that missing family members could not be traced by the security police. This distrust also existed among the communities who were experiencing suffering through incidents of black on black violence. The introduction of the TRC, as a major these with sub-themes of healing and forgiveness, is perceived positively by these families. At last, they feel that through this process their suffering of loss of their children, husbands and wives is acknowledged. However, there are divergent opinions about this acknowledgement, as research findings point to an incomplete sense of individual healing for these families though they have told their stories of pain and suffering. This is a controversial issue which needs further research to explicate if individual experience off the victim is perceived to be similar to the collective experience of the broader community. The performance of rituals and memories on behalf of their dead fulfils an important healing role for the families. There is ambivalence about forgiveness for many families as they feel that perpetrators who seek amnesty have not made full disclosures about their activities. There is polarization that surfaces between the present government and the families who testified with regard to reparation which was included as a clause in the TRC process. The families in the present study perceive that in order to continue with the new world order, they have to be compensated for their suffering. Further research should investigate if reparations to individuals who testified before the TRC would be healing, before implementing processes that would heal the whole nation. / Thesis (DPhil (Psychotherapy))--University of Pretoria, 2007. / Psychology / unrestricted

MCom (Business Information Systems) / Department of Business Information Systems / Today, information and communication technologies (ICT) have become an integral part of humans lives more especially in business, be it those in developed or developing countries. The evolution of ICT’s has also led to the introduction of e-Commerce services. Both the public and private sectors, develop these technologies with customer satisfaction in mind. Out of all the efforts by businesses and ICT experts, e-commerce systems continue to fail because of low user acceptance and user attitude, especially in developing nations. Security issues are known to be of top most concern for online shoppers. A survey was administered to 161 respondents, to find out how cyber security affects consumer’s intentions and actual use of e-commerce systems. The study encompasses both users of e-commerce systems and non-users of e-commerce systems across Vhembe district of Limpopo Province in South Africa. A quantitative research approach was used. The findings revealed that perceived security was the main concern for non-users of e-commerce intentions to use e-commerce systems because of lack of information and lack of trust on e-commerce systems. The study also revealed that users of e-commerce systems are still concerned about security, even though they intend to continue using e-commerce systems. For the success of e-commerce in rural communities, government needs to join hands with retailers and SME’s to start awareness campaigns that will clarify how e-commerce systems work and eradicate negative perception on e-commerce systems. / NRF

The prevalence of the money laundering crime has prompted the introduction of customer due diligence (CDD) measures. CDD measures facilitate the prevention of money laundering and promote the introduction of certain detective skills. Several international institutions champion the introduction of the detective skills in general and the performing of CDD measures in particular. These institutions acknowledge the cumbersome (administrative and financial) effects of introducing the detective skills and the performing of CDD measures. However, these institutions concedes that the aforementioned burden can be alleviated or lessened if the institutions that are responsible for performing CDD measures, i.e. Accountable Institutions (AIs), can exchange and rely on third parties’ (CDD) data. The exchange and reliance on third parties’ data must however consider the divergent threats or risks that might be associated with the data or third parties. The view regarding the exchanging and relying on third parties’ data is shared by, amongst others, the FATF and the UK. However, South Africa appears to be lagging behind in this respect. In other words, the South African FICA and FICA Regulations omit to encapsulate express and lucid provisions permitting the exchanging and relying on third parties’ data for purposes of performing CDD measures. The aforementioned omission, it is argued, creates a legal vacuum in the South African scheme of anti-money laundering. In other words, the aforesaid vacuum lives the South African AIs in a state of doubt regarding the manner and extent of exchanging and relying on third parties’ data. However, the aforesaid vacuum, this study concedes, can be rectified by introduction provisions that are line with the draft Regulation 5A and 5B that are proposed in chapter seven of this study. / Jurisprudence / LL. M.