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  • About
  • The Global ETD Search service is a free service for researchers to find electronic theses and dissertations. This service is provided by the Networked Digital Library of Theses and Dissertations.
    Our metadata is collected from universities around the world. If you manage a university/consortium/country archive and want to be added, details can be found on the NDLTD website.
111

The competence of the foreign representative in cross-border insolvency matters : a comparison between South Africa and Australia / Ella Mouton

Mouton, Ella January 2014 (has links)
The world is continuously becoming a smaller and smaller place. It has become a global community of sorts merely divided by imperceptible borders that are easily transversed by ever-evolving technological advances in the fields of business, travel, communication and such, each regulated by its own set of domestic laws and regulations. Hordes of South Africans immigrate to Australia annually due to, among others, economic and political uncertainty. These ex-patriots generally leave behind assets and creditors in South Africa whilst acquiring new ones wherever they choose to establish themselves. This serves as basis for potential future cross-border insolvency issues. Furthermore, entities such as companies trading internationally, and multinational companies with branches and offices in more than one state, have property and creditors in many different jurisdictions. Should such a company be liquidated, it would give rise to questions of jurisdiction, the procedures to be followed, the appointment of a liquidator(s) and the distribution of assets, to name a few. The absence of a universal cross-border insolvency law leaves room for much uncertainty and confusion. What is of importance for purposes of this research is to clarify all prevailing uncertainties regarding the rights and obligations of the foreign representative and the foreign creditor in cross-border insolvency matters. The foreign representative is the person or entity appointed to administer the reorganisation or liquidation of the insolvent debtor’s assets in a foreign proceeding. The inconsistency in cross-border insolvency regulations between South Africa and Australia has the consequence that there is no guarantee that a foreign creditor in one state will be treated the same as a foreign creditor in terms of the domestic laws of the other, as the Model Law aims to do. The situation would have been significantly less complicated had the South African Cross-Border Insolvency Act been in force at present and had Australia been designated as a state to which this Act would apply. In that case, the treatment of foreign representatives and foreign creditors would be of a reciprocal nature. This dissertation attempts, through an investigation of the South African and Australian domestic insolvency laws, to ascertain the position of the foreign representative and foreign creditors pre and post incorporation of the Model Law. Consequently this dissertation compares the legal positions of these parties in terms of South African and Australian national insolvency legislation. / LLM (Import and Export Law), North-West University, Potchefstroom Campus, 2014
112

Grondwetlike polisiëring in die Suid-Afrikaanse konteks / Abraham Francois van den Berg

Van den Berg, Abraham Francois January 2014 (has links)
Maintaining order in the community may be considered one of the fundamental obligations of the contemporary state. It requires the policing of society in accordance with the law and therefore entails one of the most comprehensive manifestations of state power. It is aimed at protecting the state and the community against crime so that the individual member of society is not burdened with self-protection. It is, however, essential that the state engages in legitimate powers and force in order to provide stability within the community it polices. The traditional approach to policing requires that a state authority be appointed to maintain order in the community, to apply and enforce the law and to utilise legitimate procedures to protect the community. However, through the ages it became synonymous with oppressive and politically driven state authority. This created a wedge between the state and society and resulted in a crisis in police legitimacy. Before 1994 South Africa‘s policing system was based on the national security of the state that ensured absolute state authority through oppressive political practices. The democratisation process deviated from this approach by striving for the limitation of state power and the protection of the individual by means of fundamental rights. This democratisation process also had an impact on the policing system, which was required to transform accordingly, in order to reflect the democratic state, as well as the constitutional values, fundamental rights and legitimate state authority. The South African police therefore had to transform on both a structural and material level, but seems to have done so without the juridical basis. This re-established a crisis in legitimacy which caused society to view the police as an oppressive, corrupt and hostile state authority. It created a feeling of contempt and distrust in the police and undermined the police‘s role in society. To counter this lack in legitimacy the community reverted to a form of self-protection and took the law into their own hands, which resulted in the undermining of public order and the law in general. This study investigates the juridical foundation of the contemporary policing system in South Africa. It studies the structural and material composition of South African policing and whether it can really be considered a constitutional policing system. It endeavours to provide juridical answers to the current concerns in the legitimacy of policing, in order to harmonise the traditional policing approach with that of the constitutional era. / PhD (Law), North-West University, Potchefstroom Campus, 2014
113

Vroue in die teologiese antropologie van die Afrikaanse Gereformeerde tradisie

Plaatjies, Mary-Anne 30 September 2003 (has links)
Women in the Theological Anthropology of the Afrikaans Reformed Tradition This dissertation examines women in the theological anthropology of the Afrikaans Reformed Churches. The study is set out as follows: In Chapter 1, a survey of methodology is presented. The exposition of the question about the theological anthropology is done against a poststructural background. Both structuralism and poststructuralism largely put aside existentialism as an inadequate methodology. Chapter 2 aims to give an overview of the contribution of Michel Foucault. The chapter begins with a discussion of structuralism. This brief overview is then followed by a classification and investigation of the basic aspects of Foucault's approach. The chapter highlights Foucault's rootedness in poststructuralism. Chapter 3 attempts to explain silence of women in the theological anthropology of Dutch Reformed Church. The central aim of Chapter 3 is to demonstrate, against the development of the women ministries and the discourse about the ordination of women, that the Dutch Reformed Church theological anthropology is deeply influenced by the discursive practices developed during 1928-1932. Chapter 4 gives an overview of the developments in the theological anthropology of the Dutch Reformed Mission Church, Dutch Reformed Church of Africa and the Uniting Reformed Church of Southern Africa that took place from 1924 until 2002. Different approaches to the women question developed in the course of time. At the heart of the discourse is the shift in the reading process. The developments in the feminist standpoint theory as such led to this displacement. In Chapter 5 the deconstruction of the theological anthropology are being discussed. Preference is given in this chapter to the concept partnership or transformative relations. In the concluding chapter [Chapter 6], a poststructural feminist discourse is presented. Selected guidelines that the church may wish to take into account in the deconstructing of the theological anthropology are suggested. In the future, the frame of reference to the women question would likely be poststructural. / Systematic Theology and Theological Ethics / D. Th. (Systematic Theology)
114

The influence of genetic polymorphisms of fibrinogen genes on changes in total fibrinogen and fibrinogen gamma prime concentrations over time in black South Africans / Ané Jobse

Jobse, Ané January 2014 (has links)
INTRODUCTION AND AIM - Cardiovascular disease is globally a major risk factor for morbidity and mortality. It is caused by various factors, one of which is an abnormal haemostatic process. Fibrinogen is a haemostatic factor that is considered to be an independent risk factor for cardiovascular disease. Elevated fibrinogen can be caused by environmental and genetic factors which increase the risk of the occurrence of thrombosis. The fibrinogen y' chain, which is one of the three chains of fibrinogen, has two different variants, the yA and y’. The presence of the fibrinogen y’ chain has been associated with thrombotic disorders. Many studies have investigated the fibrinogen variables in Caucasian individuals, but only a few such studies have been conducted on non-Caucasian individuals. The genetic diversity of ethnic groups differs and could cause differences in the fibrinogen variables between these groups. Fibrinogen is known to increase with age; therefore to explain changes over time in fibrinogen concentrations it was also important to investigate whether genetic determinants and possible gene–environment interactions influenced fibrinogen over time. In this study the main aim was to determine the change in the fibrinogen variables over a five-year period within a black South African cohort subdivided according to genotypes associated with fibrinogen variables, and to determine whether the observed changes were modulated by environmental factors. PARTICIPANTS AND METHODS - Data [baseline (n=2010) and follow-up (n=1288)] were collected in the Prospective Urban and Rural Epidemiology (PURE) study during 2005 and 2010 from apparently healthy black men and women aged between 35 and 65 years and residing in rural or urban settlements. Experimental methods included analysis of fibrinogen and fibrinogen y’ concentrations, single nucleotide polymorphisms (SNPs) and determination of environmental factors associated with the fibrinogen variables. RESULTS - The fibrinogen variables increased significantly from 2005 to 2010 in both the rural and urban participants, as well as in both men and women. The major environmental factors that affected the fibrinogen variables were C-reactive protein (CRP), interleukin-6 (IL-6), body mass index (BMI), glycated haemoglobin (HbA1c), age, blood lipids, human immunodeficiency virus (HIV) and tobacco use. Fibrinogen increased consistently from 2005 to 2010 in the respective genotypes of all SNPs analysed, except in the FGG 9340 T>C homozygous mutant carriers. Fibrinogen y’ also increased in general in most genotypes from 2005 to 2010, except in the FGG 10034 C>T mutant allele carriers, where a decrease was observed. It was determined that CRP was the only environmental factor that influenced the change in fibrinogen over time and that FGG 10034 C>T was the only SNP that influenced the change in fibrinogen y’ over the five years. Four gene–environment interactions also influenced fibrinogen on a cross-sectional level, i.e. FGA 2224 G>A with age, FGB Arg448Lys with HIV status, FGB 1643 C>T with urbanisation and FGB 1038 G>A with HbA1c. Only the FGG 9340 T>C with HbA1c interaction was found to predict change in fibrinogen concentrations over the five years. CONCLUSION - Both environmental and genetic factors significantly influenced the fibrinogen variables cross-sectionally as well as prospectively. It was clear that the influence of the environmental factors was mediated by genetic polymorphisms and vice versa, as can be seen by the gene–environment interactions found in this study. An important finding of this study was that the interaction of HbA1c with two SNPs on fibrinogen variables may explain the known inconsistent relationship found between fibrinogen concentrations and diabetes. / MSc (Dietetics), North-West University, Potchefstroom Campus, 2014
115

Towards press freedom through self-regulation : trends in South African press ombudsman cases (August 2007 – August 2011) / Gloria Dorothea Elizabeth Edwards

Edwards, Gloria Dorothea Elizabeth January 2012 (has links)
Recent attacks on media freedom in South Africa, that includes the ruling ANC party’s proposal for statutory regulation of the press, have seen press self-regulation fiercely contested and the ombudsman of the Press Council of South Africa (PCSA) defending the press’ constitutional right to freedom of expression. Extensive arguments have been made by government, the public and the press for other forms of press regulation, such as statutory and independent co-regulation. In addition no accurate, detailed trends arising from complaints the ombudsman has dealt with in recent years, have been freely available on which arguments in such a debate could be based. This research analyses the complaints dealt with by the press ombudsman in recent years in order to evaluate the present self-regulatory system, which is based primarily on the theories of freedom of expression and social responsibility of the press. The analyses involves determining what trends exist in complaints cases that the ombudsman, Joe Thloloe, has dealt with since he took office in August 2007, until August 2011 when a Review of his office was published by the PCSA. The study takes a qualitative approach, with some degree of quantification, and utilises document analysis and qualitative content analysis as data collection methods to analyse 593 cases, with specific focus on government complaints which form 15% of all cases analysed. The findings reflect that the ombudsman’s approach in dealing with complaints was fair, that he displayed intolerance for transgressions and that his rulings were free of any obvious bias. This is evident in, amongst other findings, the very few appeals lodged against his rulings and even less successful appeals. In addition the press often voluntarily corrected their mistakes before prompted by the ombudsman. The findings also dispel some of the ANC’s criticisms that have led to its calls for statutory press regulation, such as the public and government’s acceptance of the self-regulation system, complaints from government largely having involved accuracy and not privacy as the ANC claimed, and that government’s failure to sign the legal waiver often resulted in cases being dismissed. The findings also point to a significant increase in complaints, specifically from government, in the year 2010, which is the year in which the ANC renewed its calls for statutory regulation. This does not necessarily reflect a sudden decline in the quality of journalism but rather indicates that the ruling party differed fundamentally in its philosophical thinking regarding the press, which was perhaps informed by a developmental model of the press rather than the social responsibility model on which the present system is based. In this sense the government sees it fit to interfere or censor the press if it feels the system is not performing. The findings show the ombudsman’s office lacked proper record-keeping from which accurate statistics could be derived, leaving a gap for criticism against the ombudsman. In addition, most often complaints against newspapers involved accuracy and fairness (such as not asking for comment). As is evident in several complaints falling outside the ombudsman’s mandate and the high number of dismissed cases, the findings also point to a lack of awareness or information of the system and of the ombudsman’s roles. In light of the theoretical frameworks that set out how the self-regulation system, which is entrenched in the notion of press freedom, can enhance the cause of press freedom by its ombudsman enforcing a socially responsible Press Code, the findings ultimately lead to the conclusion that the ombudsman’s work has advanced the cause of press freedom in South Africa during the research period. / Thesis (MA (Communication Studies))--North-West University, Potchefstroom Campus, 2013
116

The middle management learning programme of the South African Police Service: a critical evaluation / L.S. Masilela

Masilela, Linkie Slinga January 2013 (has links)
The aim of this study was to assess the effective functioning of the Middle Management Learning Programme (MMLP) within the South African Police Service (SAPS), as well as evaluate the performance and effectiveness of employees who were sent for training to enhance their skills and develop their capacity in order to improve service delivery within the broader South African society. The research focused specifically on middle managers who had completed the MMLP. The MMLP was presented at the SAPS Academy in Thabong from 2007 to 2011. According to Meyer et al. (2004:225), a learning programme is a coordinated combination of learning activities, methodologies, processes and other elements of learning, crafted to assist learners to acquire the required knowledge, skills and attitudes. The primary objective of this study was, therefore, to evaluate the effective functioning of the MMLP within the SAPS and to provide sound recommendations based on the empirical findings. Semi-structured interviews and questionnaires were used to determine the effectiveness of the MMLP and obtain information from the respondents who completed the programme during the 2007/8 and 2009/10 financial years. The literature review, interviews and completion of the questionnaires by respondents confirmed the objectives of this study. The overall results indicated that the MMLP had a positive impact on middle managers in the SAPS. The middle managers appear to be driven by a need for recognition, and authorities could exploit this to its advantage by providing a reward system for good performance. The study concludes by, inter alia, recommending that the SAPS review its military culture or style, because the managers who attended the MMLP are unable to advise their seniors, respondents feel overwhelmed, powerless, and helpless and this leads to ineffectiveness in their performance. The requirements to attend the MMLP should be placed on record and should not be compromised to suit particular individuals. The MMLP should also be made a prerequisite for promotion as invaluable skills are transferred to course attendees. / Thesis (Master of Development and Management)--North-West University, Potchefstroom Campus, 2013
117

The experience of career success : an exploratory study among South African executives / S. Visagie.

Visagie, Suné January 2012 (has links)
Career success has become one of the most central issues in the 21st century as the nature of careers has undergone major changes over the past two decades. The change in perception that has taken place in terms of the nature of work has led to increased uncertainty about career development as a construct and as a practice. Career success has therefore become not only of interest and concern for individuals, but also a priority to organisations as the realisation of employees’ personal goals and success can eventually contribute to the realisation of the organisation’s goals and successes. Therefore the general objective of this study was to explore the experience and conceptualisation of career success among South African executives. This study utilised a qualitative research design with an exploratory approach to investigate executives’ conceptualisation and experience of career success. A non-probability purposive, voluntary sample of 24 participants was drawn from two seperate international financial organisations with offices located in Johannesburg. The data collection process was performed through semi-structured individual interviews and the verbatim transcriptions that were captured from these interviews, were analysed using content analysis. The twelve main themes that were extracted from the interviews are set out as follow: general conceptualisation of career success; executives’ personal meaning associated with career success; transformation of perceptions; future goals of executives; factor’s influencing executives’ career success; personality attributes related to career success; contributing factors to the career success of executives; hindering factors in career success; potential for experiencing turnover intention; consequences of career success; role of the organisation; and prerequisites for career success. It is crucial that organisations be made more aware of the significance of executives’ conceptualisation and experience of career success (as highlighted within this research).This is especially the case when considering future career and succession planning and mapping. Organisations should be familiar with the potential influencing and hindering factors (e.g. lack of opportunities, lack of support, organisational culture, etc.). They should be prepared to address the adverse impact that these factors could have as obstacles to employees and particularly for executives to attain career success. If these hindrances are not addressed it could lead to increased job dissatisfaction and consequently increased turnover intention. They should also be alert to the contributing factors and other factors conducive to career development (e.g. support and buy-in from organisation, or being given challenges and opportunities) that facilitate career success. By providing an environment that helps career development along, the experiece of career success is increased. This can lead to various positive outcomes, such as increased job performance, organisational commitment, employee engagement, career satisfaction and talent retention. Talent retention is particularly important as one can gather from the data collected among the executives. Thus, in order to retain them as valuable employees, it is crucial to address and fulfil their career needs accordingly. / Thesis (MCom (Industrial Psychology))--North-West University, Potchefstroom Campus, 2013.
118

A study of the current South African housing environment with specific reference to possible alternative approaches to improve living conditions / Louis Gerhardus Lategan

Lategan, Louis Gerhardus January 2012 (has links)
In South Africa issues regarding the dissatisfactory delivery of low-cost housing developments are well known. Low-cost housing has generally been delivered in a manner which attempts to address housing backlogs, instead of focussing on establishing quality environments and sustainable communities. In order to address the current deficient approaches to low-cost residential development, a literature and empirical investigation was conducted with the purpose of exploring the South African status quo. Issues for improvement were researched within the existing knowledge base. The literature reviewed for this study encompassed government literature, policies and legislation as well as work from both national and international authors from a variety of fields, given the diverse nature and multiple impacts related to housing development. These literary works provided evidence to the conclusions drawn and informed the recommendations made accordingly. The empirical research conducted included several structured interviews, the distribution of questionnaires and the evaluation of various South African case studies. Empirical results added a quantitative measure to the evidence provided by the literature study and thus offered further conclusions and recommendations. The recommendations made were categorised according to their contribution to planning, management and design. It is believed that the adoption of these preliminary recommendations may greatly improve the housing delivery process and quality of life experienced by low-income beneficiaries. The issues covered in this study include research, conclusions and recommendations on: * Investigating the South African status quo with regard to housing policies and legislature. * Identifying the merits of historical theoretical models and their value in modern day housing development. * Discussing the importance of a locally focussed development approach with regard to the role of local municipalities versus provincial authorities in low-cost residential development. * Identifying the value of low-cost housing in local economic development and sustainable socio-economic growth. * Discussing the role of community participation in delivering sustainable neighbourhoods and communities. * Investigating the need for higher density development with specific reference to the integration of various housing typologies. * Exploring the relevance and benefits of alternative construction materials in low-cost residential development. * Exploring the informal backyard rental sector. * Exploring the approaches followed in South African case studies of varying successes in various provinces. It should be noted that the research conducted for this study, the conclusions drawn and the recommendations made provide substantial value, but are all mainly provided as preliminary concepts to be elaborated in a future PhD study. / Thesis (MArt et Scien (Urban and Regional Planning))--North-West University, Potchefstroom Campus, 2013
119

'n Statusontleding van ramprisikobestuur in munisipaliteite in Suid-Afrika : 'n provinsiale vergelyking / Gideon Jacobus Wentink

Wentink, Gideon Jacobus January 2013 (has links)
Since 1994 fundamental transformation has taken place in South Africa in terms of disaster risk management. The transformation process gave rise to the promulgation of the Disaster Management Act (57/2002) that heralded a new era for disaster risk management in South Africa. Consequently the National Disaster Management Framework, published in 2005, set clear guidelines for the implementing of the mentioned act. The National Disaster Management Framework emphasises the importance of the integration and coordination of disaster risk management activities in all spheres of government. Die Disaster Management Act (57/2002) calls for the establishment or certain disaster risk management structures like interdepartmental commitees, disaster management centers, disaster management frameworks, and disaster management advisory forums. Furthermore the National Disaster Management Framework sets certain guidelines in compliance with the Disaster Management Act (57/2002). Municipalities in South Africa have had time since the promulgation of the act in 2003 to get all the mentioned structures in place. This study tried to deretmine the degree in which municipalities complied with the requirements of the Disaster Management Act (57/2002). The municipalities were handles per procvince and the research is based on a 20% representative sample of all the municipalities in South Africa. A mixed method of research was followed. That means that qualitative (telephonic and semi-structured interviews) and quantitative (questionnaires with Likert scale questions) research was used. The result of this research is that there are big failings in terms of the implementing of the Disaster Management Act (57/2002) across the country. In certain provinces the situation is better than in others, but of none of the provinces it can be said that they comply with all the recuirements of the act. / M. Development and Management, North-West University, Potchefstroom Campus, 2013
120

The influence of genetic polymorphisms of fibrinogen genes on changes in total fibrinogen and fibrinogen gamma prime concentrations over time in black South Africans / Ané Jobse

Jobse, Ané January 2014 (has links)
INTRODUCTION AND AIM - Cardiovascular disease is globally a major risk factor for morbidity and mortality. It is caused by various factors, one of which is an abnormal haemostatic process. Fibrinogen is a haemostatic factor that is considered to be an independent risk factor for cardiovascular disease. Elevated fibrinogen can be caused by environmental and genetic factors which increase the risk of the occurrence of thrombosis. The fibrinogen y' chain, which is one of the three chains of fibrinogen, has two different variants, the yA and y’. The presence of the fibrinogen y’ chain has been associated with thrombotic disorders. Many studies have investigated the fibrinogen variables in Caucasian individuals, but only a few such studies have been conducted on non-Caucasian individuals. The genetic diversity of ethnic groups differs and could cause differences in the fibrinogen variables between these groups. Fibrinogen is known to increase with age; therefore to explain changes over time in fibrinogen concentrations it was also important to investigate whether genetic determinants and possible gene–environment interactions influenced fibrinogen over time. In this study the main aim was to determine the change in the fibrinogen variables over a five-year period within a black South African cohort subdivided according to genotypes associated with fibrinogen variables, and to determine whether the observed changes were modulated by environmental factors. PARTICIPANTS AND METHODS - Data [baseline (n=2010) and follow-up (n=1288)] were collected in the Prospective Urban and Rural Epidemiology (PURE) study during 2005 and 2010 from apparently healthy black men and women aged between 35 and 65 years and residing in rural or urban settlements. Experimental methods included analysis of fibrinogen and fibrinogen y’ concentrations, single nucleotide polymorphisms (SNPs) and determination of environmental factors associated with the fibrinogen variables. RESULTS - The fibrinogen variables increased significantly from 2005 to 2010 in both the rural and urban participants, as well as in both men and women. The major environmental factors that affected the fibrinogen variables were C-reactive protein (CRP), interleukin-6 (IL-6), body mass index (BMI), glycated haemoglobin (HbA1c), age, blood lipids, human immunodeficiency virus (HIV) and tobacco use. Fibrinogen increased consistently from 2005 to 2010 in the respective genotypes of all SNPs analysed, except in the FGG 9340 T>C homozygous mutant carriers. Fibrinogen y’ also increased in general in most genotypes from 2005 to 2010, except in the FGG 10034 C>T mutant allele carriers, where a decrease was observed. It was determined that CRP was the only environmental factor that influenced the change in fibrinogen over time and that FGG 10034 C>T was the only SNP that influenced the change in fibrinogen y’ over the five years. Four gene–environment interactions also influenced fibrinogen on a cross-sectional level, i.e. FGA 2224 G>A with age, FGB Arg448Lys with HIV status, FGB 1643 C>T with urbanisation and FGB 1038 G>A with HbA1c. Only the FGG 9340 T>C with HbA1c interaction was found to predict change in fibrinogen concentrations over the five years. CONCLUSION - Both environmental and genetic factors significantly influenced the fibrinogen variables cross-sectionally as well as prospectively. It was clear that the influence of the environmental factors was mediated by genetic polymorphisms and vice versa, as can be seen by the gene–environment interactions found in this study. An important finding of this study was that the interaction of HbA1c with two SNPs on fibrinogen variables may explain the known inconsistent relationship found between fibrinogen concentrations and diabetes. / MSc (Dietetics), North-West University, Potchefstroom Campus, 2014

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