Thesis (MPA.) -- University of Limpopo,2016 / The Promotion of Access to Information Act (PAIA) was approved by the South African Parliament in February 2000 and went into effect in March 2001. The Act has been introduced in both public and private sectors with the intention of implementing the constitutional right of access to information and further foster a culture of transparency and accountability in both public and private bodies by giving effect to the right to access to information. The purpose of this study was to examine the implementation process of PAIA in the Department of Sport, Arts and Culture in Limpopo Province. Using both the qualitative and quantitative approaches the study revealed that there are various factors that contribute towards non-adherence and compliance to PAIA. The main findings of the study are that, although access to information is regarded as the pillar of democracy in promoting transparency and accountability within the Department, PAIA, however, has not contributed to the improvement of access to information in the Department of Sport, Arts and Culture in Limpopo. One critical challenge the study identified is non-compliance with the requirements of the Act which is perpetuated by lack of seriousness on the part of management. The study recommends that the Department has to identify a Unit to be responsible for administering PAIA, capacitate the Unit with relevant skilled human resources and financial support. Furthermore, the study recommends that as mandated by the South African Human rights Commission, PAIA should be known to the public, staff members and stakeholders therefore awareness campaigns need to take place. Workshops and training sessions would also help in making this Act known, leading staff, people and stakeholders to use it for their benefit.

“It has been said that the victim of a sexual assault is actually assaulted twice- once by the offender and once by the criminal justice system.”1 South Africa’s rape shield provision is contained in section 227 of the Criminal Procedure Act.2 The purpose of its enactment is to protect a complainant in a sexual offence matter from secondary victimisation during the trial as far as possible, by restricting the type of evidence that is admissible and the circumstances under which such evidence can be found to be admissible. This rationale has come under attack for its effect on the fair trial rights of the accused. There has been no challenge to the constitutionality of section 227 before a court yet. However, there are numerous rumblings of discontent at the consequences of a provision that restricts evidence that could be necessary to prevent a wrongful conviction. This paper seeks to consider the constitutional debates surrounding section 227 and to determine whether, to the extent that they may prove to be constitutionally problematic, the potential constitutional challenges are justifiable under a limitations analysis. It is impossible to engage with the constitutionality of section 227 without first discussing the rationale behind rape shield laws in general. The structure of the paper is therefore as follows: firstly, the history and purpose of rape shield laws will be investigated, and secondly, the history of section 227 under South African law will be discussed.

"The study is divided into five chapters. Chapter one provides the context in which the study is set, the focus and objectives of the study, its significance, and other preliminary issues including the hypothesis and literature survey. Chapter two first seeks to briefly portray the current state of human rights in Africa. In the second part, history and development of the African Union is traced, within the context of its predecessor - the OAU. Its third part extracts and analyses the specific human rights content of the AU Constitutionve Act and other relevant provisions, both independently and collectively; while its fourth part progresses to examine the conribution of the AU to human rights so far, by gauging and scrutinizing the human rights content of its summits. The fifth and final part scrutinizes the implications of the linkage of human rights to development and hence, its re-conceptualisation or otherwise, in Africa. Chapter three seeks to examine the extant implications of the AU human rights agenda on the existing human rights protection framework. First, it provides a brief overview of the existing regional human rights protection system, while its second part elucidates the human rights enforcement mechanisms that have been developed under the African Charter system. Its third part seeks to examine the problem of enforcement of, and non-compliance with human rights in Africa, with a view to understanding the problem, and forging a way forward. Its fourth part looks at the relationship between the AU and the existing human rights institutions within the context of the AU Constituve Act, while its concluding part addresses the latent risk of proliferation and redundancy that might attend the proposed creation of more human rights-oriented institutions under the AU/NEPAD; proposing rationalization of the same and the fusion of compatible mandates, with the view of avoiding unnecessary and expensive duplications. Chapter four seeks to present the probable picture of the fusion of the emerging and existing frameworks. Its first part sets out to describe, as well as explicate the justifications for the proposed human rights enforcement framework under the AU, citing models. Its second part seeks to explore the potentialities of trade as veritable tool of sanction within the proposed structure, while its concluding part seeks to do the same in relation to the device of peer pressure. The fifth and final chapter of the study seeks to draw some conclusions and further give recommendations on how the proposed hybrid framework can be achieved, while emphasizing the importance of such synergy as a feasible solution of the problem of human rights enforcement in Africa." -- Chapter 1. / Prepared under the supervision of Prof. J. Oloka-Onyango, Faculty of Law, Makerere University / Mini Dissertation (LLM (Human Rights and Democratisation in Africa))--University of Pretoria, 2003. / http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html / Centre for Human Rights / LLM

The growing level of credit extension in South Africa has received a lot of attention recently, more so as household debt, as a percentage of disposable income, tests record highs. It has been argued that this growth in household debt has been driven by ease of access to credit, with authorities going so far as to suggest that lenders have been extending credit ‘recklessly’. The National Credit Act was enacted on the premise that consumers need to be protected from this practice. The Act thus exerts pressure on the credit lenders to assess the consumer’s ability to repay, disclose the cost of credit, as well as setting limit on interest that can be charged. The aim of the research is to investigate the effectiveness of the Act in curbing consumer indebtedness and how it can lead to consumer behavioural attitudes and actions toward credit use. The research was carried out in two stages. The purpose of the first phase sought to explore the effectiveness of the Act by consulting with those charged with supervision of the Act (the regulator) and those implementing the Act (credit providers), while the second phase conducted a survey amongst consumers to establish their levels of awareness and understanding of the Act, and how they would model their behaviours differently, so as to curb their indebtedness. The results derived from the research show that an overwhelming acceptance of the Act, its intentions and desired outcomes amongst credit provider and the regulator, and the general need for consumer protection. Consumers, on the other hand indicate a low level of awareness of the Act, its intentions and how it is likely to impact on their finances, making it difficult to tell if it can lead to changes in levels of consumer indebtedness. / Dissertation (MBA)--University of Pretoria, 2010. / Gordon Institute of Business Science (GIBS) / unrestricted

Due to the ineffectiveness of previous credit consumer legislation to deal with the demands of a complex consumer market, a need for legislative reform in this area arose in South Africa. The National Credit Act was introduced to create a single system to regulate credit and to address the shortcomings of the previous consumer credit legislation. The Act came into full force and effect on 1 June 2007. it has a wider field of application that its predecessors and offer greater protection to consumers who enter into credit agreements with credit providers. The Act applies to all credit almost all credit agreements between parties dealing at arm's length and made, or having an effect within the Republic of South Africa, subject to certain exclusions. Three main categories of credit agreements can be identified in the Act. They are credit facilities, credit transactions and credit guarantees. The second main category also has sub-categories of agreements which are also defined in the Act. It is sometimes difficult to distinguish between the different credit agreements but it remains important since different rules apply in respect of each credit agreement. In order to distinguish a credit agreement from another, it is important to look at the elements of each definition closely and to identify characteristics which are unique to that specific agreement. It is widely accepted that every credit agreement contains two essential elements. Firstly there has to be a deferral of payment by the credit provider in respect of a debt owed by the consumer and secondly the credit provider charges a fee or interest in respect of the deferred payment. It is interesting in this regard that some of the definitions in the Act do not require a fee or interest to be levied such as in the case of a mortgage agreement or a secured loan. Coincidentally, these two definitions are also problematic in the sense that they introduce concepts which are not recognised in our legal system, it will be interesting to see what our courts make of these concepts and how they will go about incorporating it into the general principles of South African law. The different agreements to which the Act applies and their irregularities will be discussed and critically analysed. Copyright / Dissertation (LLM)--University of Pretoria, 2012. / Private Law / unrestricted

One of the most dramatic events in any employee’s working career is to be dismissed and even more so if the employee regards the dismissal as unfair. The right not to be unfairly dismissed is considered one of the most basic workers’ rights in South Africa and is also contained in Convention C158 of the International Labour Organization (ILO). Section 23(1)(a) of the South African Constitution states that: “[e]veryone has the right to fair labour practices.” Labour legislation gives effect to this right in section 1(a) and 1 (b) of the LRA which states: “to give effect to and regulate the fundamental rights conferred by section 23 of the Constitution; to give effect to the obligations incurred by the Republic as a member state of the ILO.” Section 185(a) of the Labour Relations Act also states that: “[e]very employee has the right not to be unfairly dismissed.” Section 188(1)(a) – (b) expands on this protection against unfair dismissal by providing that a dismissal will be unfair: “if the employer fails to prove … that the dismissal was effected in accordance with a fair procedure”. The pre-dismissal procedures that must be followed by the employer have been codified to some extent in the Code of Good Practice: Dismissal, contained in Schedule 8 of the LRA. In terms of section 138(6) and section 203(3) of the LRA, commissioners who are required to determine if a dismissal was procedurally fair are compelled to take Schedule 8 into consideration. The main objectives of this thesis were to critically evaluate the content and application of those provisions of Schedule 8 that establish procedural requirements to disciplinary enquiries and to recommend possible changes to the Code of Good Practice: Dismissal. It is apparent that the procedural requirements for a disciplinary enquiry in terms of Schedule 8 are vastly different from those that still form the basis of most disciplinary codes and procedures implemented by employers after the Mahlangu v CIM Deltak judgment of the former Industrial Court in 1986. It is also clear that the principles of ILO Convention C158 are given effect in South Africa’s dismissal law. Procedural fairness in disciplinary enquiries does not lie in elaborate, complex and rigid court-like procedures but in flexibility and in adhering to the audi alteram partem principle. A disciplinary enquiry is not a court case and the workplace is not a court of law. The belief that South Africa’s dismissal law is rigid and inflexible is inaccurate. A comparative analysis of South African dismissal law with ILO Convention C158 and three other international jurisdictions clearly demonstrates that the dismissal regime in South Africa makes provision for flexibility. Employers, employees, trade unions, labour consultants and lawyers are all to blame for the formal court-like procedures that form the basis of most disciplinary enquiries in the workplace in South Africa today. The guidelines provided by Schedule 8 are in line with the ILO’s principles. Consequently disciplinary enquiries should be handled according to those principles. The disciplinary codes and procedures of employers should be amended to reflect the core principles of ILO Convention C158 and the five basic guidelines contained in Schedule 8. Furthermore disciplinary codes and procedures should not be used as an inflexible set of rules but as a guideline from which some deviation is permissible in certain circumstances. / Thesis (PhD)--University of Pretoria, 2010. / Human Resource Management / unrestricted

The credit industry in South Africa has grown exponentially over the past two decades. Previously the industry was regulated by different Acts that had to be interpreted jointly, and while there was an overlap between them they also differed. The dual implementation made consumer credit an extremely difficult and confusing environment, especially for the consumer. Global movement towards socio-economic type legislation and in an effort to bring a solution to the eminent credit crisis resulted in new consumer protection law. Enacted on 10 March 2006 and phased in stages over a 12 month period from 1 June 2006 till 1 June 2007 the National Credit Act has a wider field of application than any of its predecessors, bringing with it a single platform for consumer credit regulation. The management of the credit relationship between the credit provider and the consumer is largely by agreement or in other words contract. The National Credit Act to a considerable extent codifies this relationship. The NCA applies to every credit agreement between parties dealing at arm’s length and made within, or having an effect within, the Republic. This definition is subject to limitations and the exclusions. The way in which the NCA defines its field of application may differ from its predecessors and even common law. The Act defines three main types of credit agreements namely credit facilities, credit transactions and credit guarantees. Credit transactions also consist of eight subcategories. It is critical to distinguish between these different credit agreements and the manner in which the Act defines them must be scrutinised. This is not only important to determine if a certain agreement is a credit agreement in terms of the National Credit Act, but also if the Act applies, to what extent. Unfortunate grammatical construction and word choice by the legislator does not assist in this task. How the Act defines its field of application in relation to the types of agreement it applies to will be critically discussed and analysed. / Dissertation (LLM)--University of Pretoria, 2014. / Private Law / unrestricted

This dissertation discusses the influence of the Consumer Protection Act No 68 of 2008, the “CPA”, on franchise arguments. It is argued that the provisions of the CPA will lead to the consequences of restoring equality between a franchisee and a franchisor. A franchise agreement is viewed as an ordinary commercial contract, governed by the same legal principles as any other contract. In reality franchising is in fact far beyond a simple contract; it is also used as a governing system. The franchisors create structures whereby their franchisees can be controlled. In order to manage franchisee opportunism such as the unauthorized use of intellectual property and addressing under-performance, an inherent power imbalance was present in favour of franchisors. The CPA introduced certain provisions that address the relationship between franchisors and franchisees by prescribing and controlling the rights and obligations of the parties. As a result, a fair structure is created to regulate the franchise relationship between the parties. The promulgation of the CPA is welcomed by this study and it is submitted that the country’s economy as a whole can only benefit from it. / Dissertation (LLM)--University of Pretoria, 2013. / lmchunu2014 / Mercantile Law / unrestricted

No abstract available / Dissertation (LLM)--University of Pretoria, 2013. / lmchunu2014 / Mercantile Law / unrestricted

Aims and objectives The aim of this study is to investigate the impact of bullying of educators by learners they teach, thereby make an effort to improve the methods of dealing with bullying in our schools by introducing a pastoral counselling approach to our schools. The objectives of the study were the following: • To journey with the bullied educators through method of positive deconstruction, so as to give a supportive system and to cease their pain of being shamed and belittled. • To develop a pastoral model to help bullying victims and perpetrators. • To avail to the educators another possible effective method to deal with bullying in our schools, "A formation of pastoral model". • To combat the acts of violence in our society • To create awareness of bullying in our society. This qualitative study endeavoured to answer the following research questions: What is the impact of bullying on the educator? The other forms of bullying like verbal bullying, teasing and threats found hard to investigate, as at times it is the victim's word against the perpetrator's word. The research found that it's not easy to get witnesses, especially from learners. Cases of the bully acts normally get neglected, unless, they ended up being physical. Findings and recommendations The study, presented findings and recommendations. These were to be piloted in one school with the aim to get to buy in of the Department of Education, so to have this approach implemented in all schools and be incorporated in the already existing policies and programmes of intervention. The author aimed at assisting our Department of Education and schools with an alternative method that can improve interventions. The study was feasible, as it was easy to find former educators and learners for interviews and study cases. Not much information was found from schools due to protocol, red tape and right procedure given our schools by the Government as far as information related to learners in our schools. It would have been difficult to complete this study on time if the author was to wait for authorization. Financially the author had to rely on his congregational and diocesan support. The author being a former educator was able therefore to work with adults who are no longer at school but have experienced bullying as former learners and educators. The following points are in the authors mind, as he seeks to research on the bullied, the bullies and the bystander: • Physical bullying is the most feared form of bullying and educators felt it a challenge as they can't retaliate due to policy. • Cyber bullying is the most difficult form of bullying that is highly perpetuated against educators and caused internal wounds and scars that take very long to heal. • Sexual bullying is one of the causes of high pregnancy amongst girls in our school. • Drugs and alcohol are a catalyst to many boys who bully their educators / Dissertation (MA (Theology))--University of Pretoria, 2016. / Practical Theology / MA (Theology) / Unrestricted