Magister Philosophiae (Integrated Water Resource Management) - MPhl(IWM) / The South African National Water Act attracted attention of the international water community as one of the most reformist pieces of water legislation in the world, and a major step forward in the transformation of the concept of integrated water resources management (IWRM) into legislation. However, 20 years later after the National Water Act was promulgated, implementation of the same act has been partially successful. In many aspects, the, implementation has been weak. The argument is that the water law enforcement is not been implemented to demonstrate the effectiveness of regulations for the protection of water resources. / 2022

Thesis (LLM) --University of Limpopo, 2007 / Refer to document

A research report submitted to the Faculty of Commerce, Law and Management in partial fulfilment of the requirements for the degree of Master of Commerce Date: 31 March 2015 / As the framework for the collection of revenue by SARS evolves to ensure taxpayer compliance, the protection of taxpayers’ fundamental rights should not be overlooked. This research will evaluate certain provisions of the recently enacted Tax Administration Act (the Act) against the background of the taxpayers’ rights to privacy, property and just administrative action. These rights are contained in the Constitution of South Africa, the supreme law of the land. The analysis suggests that the conduct of SARS in exercising its statutory powers as well as some of the provisions of the Act may conflict with taxpayers’ constitutional rights and that the remedies available in such situations are limited or do not offer taxpayers an effective mechanism to obtain remedial action. Key words: Bill of Rights, Constitution, Constitution of South Africa, constitutional right, just administrative action, legislation, Ombud, PAJA, Promotion of Administrative Justice Act, privacy, property, remedies, SARS, tax, tax administration, Tax Administration Act, Tax Ombud, taxation, taxpayer, taxpayer compliance.

Section 217 of the Constitution of South Africa regulates the procurement of goods and or services by any organ of state. Similarly, this section mandates state-owned institutions to adhere to a procurement system that promotes groups that were previously disadvantaged by past colonial and apartheid regimes. In this dissertation I argue that due to South Africa’s oppressive culture, the law has been ineffective in promoting the socio economic interests of black women due to race, gender and class subjugation. Firstly, central to my argument is the judiciary’s traditional role that is still steeped in an interpretative process of the law that is detrimental to the transformative spirit of the Constitution. In identifying the South African judiciary system as positivistic in nature I will critically analyse the Sonke Gender Justice Network v Malema hate speech court case. I posit that the Equality Court’s decision was mainly result based and as a result fell short of addressing the core issues affecting black women on the basis of race, gender and class which mirror the substantial part of the South African socio economic structure. Secondly, in support of my argument, I criticise a legislative framework that perpetuates socio economic disparities at the expense of a group in society it claims to protect. Whilst I will rely on American Legal Realism and Critical Legal Studies in support of my arguments, my main theoretical approach will be based on Critical Race Feminism. Lastly, intersectionality will be used in contextualising the interrelationships of race, gender and class as they impact on black women’s material circumstances in the regulatory legislative public procurement process. When the Constitution came into effect in 1994 South Africa became an egalitarian state. Nevertheless, the country is struggling with the prevalence of unemployment, poverty, HIV/Aids, skills shortages, male violence including rape, to name just a few. These social ills pose a threat to a Constitution that extolls values like dignity, freedom and equality for all. It so happens also that the majority of the people confronted by these socio economic challenges are black women. The tender process faces numerous challenges and by identifying the South African culture as oppressive supported by a legal process that stifles transformation, this study expounds the experiences of black women by engaging in a contextual analysis of the courts and legislation. This consciousness raising exercise is not meant to portray black women as victims or invoking “special treatment” in the legal realm. It resonates with Steve Biko’s theme of black consciousness, being aware of the marginalisation and addressing it. Black consciousness represents an emancipatory state and optimistic outlook. Consciousness raising situates the oppression of black women in any form as a site for struggle, a struggle for social and individual change. / Dissertation (LLM)--University of Pretoria, 2013. / gm2014 / Jurisprudence / unrestricted

Philosophiae Doctor - PhD / The 'conversations' under investigation have all been initiated by the National Department of Education (DoE) and are identified in this thesis as the following: the Values Report (2000); Opening Pathways (2002), the Manifesto (2001); and the Baseline Report (2004). During 2000 the Minister of Education, who recognised the need for public discussion on values in education, appointed a working group to produce a document on values in education, namely the Values Report. That report proposed six values to be nurtured in schools. The DoE invited public comment on the Values Report and these comments were taken into account when a conference on values in education was held during February 2001, namely the Saamtrek Conference. Meanwhile, the DoE commissioned school-based research during 2000. The purpose of the research was to establish what meanings school communities assigned to the values that were proposed in the Values Report. The research findings were published in 2002, but an interim report, Opening Pathways, was published during 2001, and informed discussions at the Saamtrek Conference. The Manifesto was published later during 2001, and proposed ten values to be nurtured in schools. It also proposed sixteen educational strategies that could be employed to nurture these values. During 2004 the DoE again commissioned school-based research, the baseline research, which culminated in the Baseline Report. The purpose of the baseline research was to establish what were the perceptions and practices of school communities in respect of values and human rights. There was vigorous engagement with the issue of values in education during the first few years of the 21st century. During 2002 the DoE launched a Values in Education Programme of Action in order to promote the nurturing of values in education. One of the initiatives of this programme was the introduction of an Advanced Certificate in Education (ACE) programme aimed at practising teachers. This was the ACE: Integrating values and human rights across the curriculum, which was funded by the DoE, and offered at various institutions of Higher Education from July 2003 to June 2005. There was less vigorous engagement with the issue of values in education after 2004, when a new Minister of Education was appointed. An example of less vigorous engagement with values in education is the following: the ACE on values and human rights was not state-funded beyond 2005. It is against this background that I engaged with the mentioned conversations about values in education. My interest in conversations about values in education arose out of my involvement, from 2003 to 2005, with the ACE programme on values and human rights which was offered by the University of the Western Cape. My thesis format differs from the majority of theses in this country since my research was entirely text-based, thus devoid of fieldwork. This thesis corresponds to what I have identified as a topic-based format. Each chapter, with the exclusion of the .introductory, research methodology and conclusions and recommendations chapters, investigates a specific topic that forms part of the conversations about values in education. My research data consisted of conversations about values in education as captured in the documents mentioned above, namely the Values Report. Opening Pathways, the Manifesto and the Baseline Report. My thesis does not have a separate literature review chapter. Neither does it have a chapter in which research findings are presented, analysed and discussed. Separate chapters on a review of the literature and on presentation, analysis and discussion of research findings are usually features of a thesis which relies for its data on fieldwork. However, a review of the literature and research findings are infused in five of the eight chapters that comprise this thesis. I made use of relevant literature in order to interrogate DoE conversations about values in education. That interrogation led me to arrive at research findings in respect of DoE conversations about values in education. My research methodology was located within a qualitative research paradigm, with an interpretive metatheoretical approach. I identified my research design as philosophy as social practice, and my research method as philosophical investigation. I undertook an investigation of the grammar of these conversations about values in education, that is, an investigation of the arguments provided by the DoE for claims made in respect of values in education. That investigation included the following: a clarification of assumptions underpinning DoE arguments; uncovering of DoE conceptions about the goals and purposes of schooling; establishing the extent of continuity amongst DoE conversations; highlighting the extent of conceptual clarity in DoE conversation; and exploring what meanings are assigned by the DoE to value concepts. The investigation of the grammar of the relevant DoE conversations illuminated DoE engagement with the following concepts: 'values', 'character', 'morality', 'conversation', 'education', 'inquiry', 'schooling', 'ethics', 'citizenship' and 'whole school'. In the process of this investigation I developed a conceptual framework for thinking about values in education, engaged with the notion of developing shared understandings in respect of values in education, drew attention to inquiry as a type of conversation that is conceptually linked to education, and investigated the notion of deliberation as a way of nurturing values in education.

This study begins with the question: "Is there a place for a Christian ethical code of conduct in the diverse and complex business world of today?" In chapter 2 I explain the context wherein one should understand this question. If you look at the history of South Africa you will see that there was discrimination that took place over a long period of time on the basis of race, religion and gender and that makes this issue a very sensitive one. The reason why it is so sensitive is if there were to be a Christian ethical code of conduct in the workplace could it lead to discrimination again? That is not allowed to happen under the current Constitution of South Africa. But the other side is also true, if you don?t have a Christian ethical code won?t you loose the beautiful things Scripture gives us on how to treat all people equally and fairly within the workplace? This study will show that according to the Constitution of South Africa it is possible to have a Christian ethical code of conduct as long it does not exclude any employee. In chapter 3 we have a look at Scripture that gives us guidelines on how to treat all people and also people in the workplace. Here are some examples: * the way employees should be handled; * the number of working hours the employees should be working; * the remuneration of the employees – is it fair; * how the Shareholders? / Stakeholders? interests are looked after; * the manner in which the business is being managed; * the Constitutional business environment; * the international law that transcends borders where macrobusinesses do business. In chapter 4 we look at the Christian ethical perspective in the business. We look at the role of the economy and the core values to manage a business. In chapter 5 we end with an example of a workable Christian ethical code of conduct and we compare two large business codes of conduct. / Thesis (Th.M. (Ethics))--North-West University, Potchefstroom Campus, 2011.

This study begins with the question: "Is there a place for a Christian ethical code of conduct in the diverse and complex business world of today?" In chapter 2 I explain the context wherein one should understand this question. If you look at the history of South Africa you will see that there was discrimination that took place over a long period of time on the basis of race, religion and gender and that makes this issue a very sensitive one. The reason why it is so sensitive is if there were to be a Christian ethical code of conduct in the workplace could it lead to discrimination again? That is not allowed to happen under the current Constitution of South Africa. But the other side is also true, if you don?t have a Christian ethical code won?t you loose the beautiful things Scripture gives us on how to treat all people equally and fairly within the workplace? This study will show that according to the Constitution of South Africa it is possible to have a Christian ethical code of conduct as long it does not exclude any employee. In chapter 3 we have a look at Scripture that gives us guidelines on how to treat all people and also people in the workplace. Here are some examples: * the way employees should be handled; * the number of working hours the employees should be working; * the remuneration of the employees – is it fair; * how the Shareholders? / Stakeholders? interests are looked after; * the manner in which the business is being managed; * the Constitutional business environment; * the international law that transcends borders where macrobusinesses do business. In chapter 4 we look at the Christian ethical perspective in the business. We look at the role of the economy and the core values to manage a business. In chapter 5 we end with an example of a workable Christian ethical code of conduct and we compare two large business codes of conduct. / Thesis (Th.M. (Ethics))--North-West University, Potchefstroom Campus, 2011.

At the 2007 General Synod of the Dutch Reformed Church a compromise resolution was accepted regarding homosexual members. This resolution, inter alia, requires of gay ministers to remain celibate as a prerequisite to be legitimated. This research is a qualitative inquiry to evaluate the impact which this resolution has on the lives of gay ministers and gay candidate ministers. Narrative and postfoundational perspectives were obtained by interviewing six gay ministers and/or candidate ministers as coresearchers, and also by engaging in dialogue with inter-disciplinary experts from Sociology, Psychology and Law. This research traced the history of the Resolution, while the patriarchal and heteronormative discourses underlying the formulation were discussed. These discourses still sustain the Resolution. Interwoven in the Resolution are contradictions and double standards based on prejudice, leading to discrimination against gay ministers and gay candidate ministers. A literature study on prejudice and discrimination revealed many of the negative impacts these have on people on the margins of society. A literature review on gay marriages suggested that gay unions and gay marriages were known from pre-modern times. With the changing of the socio-political climates since pre-modern times till today, attitudes towards gay unions/marriages seemed to havethat the Bible does not categorically say anything about committed, monogamous gay unions or gay marriages. The focus of this research was to determine the impacts of the Resolution on gay ministers and gay candidate ministers. From their stories certain themes revealing the impacts were co-constructed by the co-researchers and the researcher. According to a negotiated meaning-making process a fragile and incomplete understanding of the gay ministers’ and gay candidate ministers’ immense suffering due to their experience of rejection and humiliation by the DRC was formulated. This reiterated the Shame of being gay. In terms of the discrimination levelled against gay ministers, it could, according to the Constitution of South Africa, be regarded as fair. This research suggested that the fairness of the discrimination should be revisited. changed. A study of the biblical texts led to the tentative and incomplete understanding / Thesis (PhD)--University of Pretoria, 2015. / gm2015 / Practical Theology / PhD / Unrestricted

The focus of this discussion is whether there is still the need to enforce the restraint of trade agreements in their pre-Constitutional form. The dawn of the constitutional era has necessitated a re-examination of common law with a view to establishing whether the balance created by the latter (regarding this field) still exists. The Bill of Rights has obviously raised some doubts regarding the equilibrium desired between employer and employee interests. Section 22 of the Constitution is to the effect that everyone must be free to secure employment (as a fundamental right), whereas the common law restraint of trade agreements impose some bars to the operation of the said right. It is common course that the Constitution is more superior to common law, what remains a debateable issue is whether there are any reasonable limits that must be considered to justify the disregard of the Constitution. Serious arguments around the direct and indirect application of the Bill of Rights still persist and failure to resolve them would have the effect of excluding or weakening the application of the Bill to disputes arising in this field. In common law the enforcement of restraint agreements is sine qua non for the greater good of protecting the sanctity of contracts. Contractual obligations must be fulfilled unless it would be unreasonable to enforce same. The question of the onus to prove unreasonableness, which lies with the employee, turns to place an onerous burden on the employee. This coupled with the employee’s weaker bargaining power raises doubts as to whether the employee is in a better position to conclude a restraint of trade agreement. Common law does not consider or accommodate this concern in that its main object is the fulfilment of the agreement. It is believed that the Constitution has ushered in a new approach which focuses mainly on the fairness of the agreement itself. The enforcement of the agreement must pass the constitutional muster built in section 22 in order to ensure that there is equilibrium between the employer (the restrainor) and employee (the restrainee) interests. In the end this discussion explores whether it is justifiable to subject the Right to work (as provided by the Constitution) to the common law restraint which is opposed to the constitutional right. The circumstances under which the exclusion of section 22 is condonable are interrogated within the framework of conflicting case law. / LLM (Labour Law), North-West University, Potchefstroom Campus, 2014

The focus of this discussion is whether there is still the need to enforce the restraint of trade agreements in their pre-Constitutional form. The dawn of the constitutional era has necessitated a re-examination of common law with a view to establishing whether the balance created by the latter (regarding this field) still exists. The Bill of Rights has obviously raised some doubts regarding the equilibrium desired between employer and employee interests. Section 22 of the Constitution is to the effect that everyone must be free to secure employment (as a fundamental right), whereas the common law restraint of trade agreements impose some bars to the operation of the said right. It is common course that the Constitution is more superior to common law, what remains a debateable issue is whether there are any reasonable limits that must be considered to justify the disregard of the Constitution. Serious arguments around the direct and indirect application of the Bill of Rights still persist and failure to resolve them would have the effect of excluding or weakening the application of the Bill to disputes arising in this field. In common law the enforcement of restraint agreements is sine qua non for the greater good of protecting the sanctity of contracts. Contractual obligations must be fulfilled unless it would be unreasonable to enforce same. The question of the onus to prove unreasonableness, which lies with the employee, turns to place an onerous burden on the employee. This coupled with the employee’s weaker bargaining power raises doubts as to whether the employee is in a better position to conclude a restraint of trade agreement. Common law does not consider or accommodate this concern in that its main object is the fulfilment of the agreement. It is believed that the Constitution has ushered in a new approach which focuses mainly on the fairness of the agreement itself. The enforcement of the agreement must pass the constitutional muster built in section 22 in order to ensure that there is equilibrium between the employer (the restrainor) and employee (the restrainee) interests. In the end this discussion explores whether it is justifiable to subject the Right to work (as provided by the Constitution) to the common law restraint which is opposed to the constitutional right. The circumstances under which the exclusion of section 22 is condonable are interrogated within the framework of conflicting case law. / LLM (Labour Law), North-West University, Potchefstroom Campus, 2014