After the transition from apartheid to democracy, the South African government embarked on designing policies and laws to address social problems and protect vulnerable groups in communities. Orphaned children are regarded as being vulnerable. The Children’s Act No. 38 of 2005 (as amended) is a legal document set to address issues related to vulnerable children and to ensure that their best interests are met. In terms of Section 150 of the said Act, orphaned children could be identified as children in need of care and protection if they are without visible means of support. However, this section of the Act is open to various interpretations and expectations. Social Workers at the Department of Social Development are currently under pressure to recommend to presiding officers of the Children’s Court that an orphaned child be legally placed in the foster care of the relative. However, presiding officers often question such recommendations because in their opinion the child does not present as a child in need of care and protection and as a result the recommendation made is rejected. This response lowers work morale because it displays disregard for the professional integrity of Social Workers and also increases their already high caseloads. This research study explored the perspectives of Social Workers regarding the legal placement of children in the foster care of relatives. Purposive sampling was used to recruit research participants, 30 foster care Social Work based at Department of Social Development in the Johannesburg Metro Region. A qualitative research design was adopted. Data was gathered using personal interviews and focus groups. A semi-structured interview schedule was utilized to guide the structure of the personal interviews and focus groups. Data gathered was analyzed using thematic content analysis. Findings has provided insight into what intervention strategies are deemed to be in the best interests of vulnerable orphaned children from the perspective of social workers and possible recommendations for policy changes.

Doctor Educationis / All employees aspire to work at a place of employment which is free from racial discrimination, where equal opportunity and fair treatment are not merely principles that are promoted and encouraged, but implemented actively by their employers. For a number of black professional employees in South Africa, however, currently this is merely an aspiration. Evidence suggests that black people are still subjected to racial discrimination and that their growth into the ownership and management structures of the enterprises that employ them, is insignificant in comparison to their white counterparts, despite the progressive legislative measures enacted by the legislature to ensure otherwise. The Employment Equity Act 55 of 1998, as amended, was promulgated in order to promote equal opportunities and fair treatment in employment, through the elimination of unfair discrimination and to implement affirmative action measures to redress the disadvantages in employment experienced by designated groups. The Broad-Based Black Economic Empowerment Act 53 of 2003, as amended, was enacted to promote the economic participation of black people in South Africa. The objective of this thesis is to examine the relevant provisions of the Employment Equity Act 55 of 1998, as amended, its Regulations, the Codes of Good Practice enacted in terms thereof, as well as the Broad-Based Black Economic Empowerment Act 53 of 2003, as amended, together with its Codes of Good of Practice to determine whether this equality legislation is the appropriate vehicle to address the challenges experienced by black professional employees in the private sector. The stories of black professional employees’ experiences obtained from academic literature available insofar as it relates to racial discrimination, affirmative action and black economic empowerment is discussed through the lens of Critical Race Theory. This is done with a view to determining whether the slow pace of racial transformation when it comes to black professional employees employed in the private sector is an issue that the law can address. Particular reference is made to two professions: the legal profession and the financial professions. This thesis examines the difference between the minimalist and maximalist approaches to Black Economic Empowerment (BEE). The thesis reveals the limits to the incentive structure that does not place a premium on black ownership and that allows enterprises to benefit from BEE while not really changing management structures. It argues that seen through the lens of critical race theory the current equality legislation discussed in this thesis is based on including black people in a system where privilege and power are asymmetrically distributed. It also argues that legislation in itself is unable to rectify racial injustices. It therefore demonstrates the limitations of the current equality legislation as a vehicle to address the challenges faced by black professional employees in the private sector.

In 1990, the Americans with Disability Act (ADA) was enacted to support disabled Americans as they sought to procure equality in society and the workplace. Despite these intentions, full implementation of the ADA has been fraught with court challenges and legislative amendments. As it currently stands, it is unclear as to how the judicial system is collectively interpreting a qualified disability. Using Clark and Connolly's interpretation of legal textualism as the theoretical foundation, the purpose of this case study of the Americans with Disabilities Act was to better understand and explore how the judiciary is currently interpreting qualified disability post-ADA amendments. Data for this study included court interpretations and post-ADA amendment cases among the 12 United States Circuit Courts. These data were coded through a multi-stage coding procedure that included evaluating coding, cycle coding, hand coding, and subcoding. Coded data were analyzed using a thematic analysis procedure. The key theme emerging from this study indicated that the ADA amendments still do not promote congressional intent in the judiciary. This study has implications for positive social change by informing Congress, legal practitioners, legal scholars, social scientists, and the disability community on the ways in which the judiciary is interpreting ADA amendments collectively among the 12 federal circuit courts.

This is a case study of tourism policies made around the Satpura Tiger Reserve in Madhya Pradesh, India. The purpose of this study is to analyse the state tourism policies in Madhya Pradesh. The study is divided in two parts, the first part analyses the state tourism policies using Foucault’s governmentality theory. The governmentality theory is used to expose the ideas in the policies with consideration to neoliberalism and the local communities. The first part also examine the ideas of inclusion of the local communities in tourism. The second part are interviews with officials and semi-officials that are implementing the policies. The local communities are the focus in this study since tourism is marketed as a solution to economic growth and employment. Therefore, one of the aspects is if the local communities are a resource in the development of tourism, and if there is any obstacles for the local communities to participate in the tourism industry. The material used is state tourism policies from 2005 and 2016. Interviews were conducted in Pachmarhi, Madhai, Soghagpur, Pipariya and Bhopal. The conclusion is that the state tourism policy from 2016 is clearly neo-liberal that the market and the government is clearly in concurrence. When it comes to the local communities the main problem for participation is that most of the local communities lack of skills, however the type of tourism were the local communities could be beneficiaries is not the tourism that the state government is developing.

This study examines the factors to consider in establishing an effective tax Ombudsman in South Africa. It seeks to establish how the democratic protection institutions such as the South African Public Protector and the South African Human Rights Commission and the Courts created in terms of the 1996 Constitution vis-à-vis the ways the South African Revenue Service‟ (hereinafter referred to as SARS) new court rules and Service Monitoring Offices safeguard and protect taxpayers rights against SARS‟ administrative abuses. The researcher reviews and analyses literature gathered from the following sources: the Australian and Canadian tax Ombudsman, the United Kingdom‟s tax adjudicator, the South African motor industry Ombudsman, the South African banking services Ombudsman, the South African Public Protector, the Tax Administration Act (28 of 2011) (hereinafter referred to as the TAA), the South African Constitution (108 of 1996), and other popular scientific articles and reports on the introduction of the tax Ombudsman in South Africa. The findings reveal the core factors that underscore the establishment of an effective tax Ombud in South Africa to include: independence, neutrality, credible review process and confidentiality. Other auxiliary factors with regard to the appointment of the tax Ombud are: leadership skills, honesty, integrity and courage. Furthermore, the provisions of the TAA, in relation to the appointment of the tax Ombud‟s funding, staffing, location, and powers with particular reference to cost recovery and disclosure of taxpayers‟ confidential information, impede on the tax Ombud‟s independence. It also emerged from this study that the independence of the tax Ombud‟s office is being over-emphasised, leaving other pertinent issues of equal importance, such as education and publicity, unattended to. The recommendations for this study revolve on the tax Ombud‟s appointment, budget and recruitment of its own staff, building a reputation of independence through public education and the power to recover costs. / MCom (South African and International Taxation), North-West University, Potchefstroom Campus, 2014

This study examines the factors to consider in establishing an effective tax Ombudsman in South Africa. It seeks to establish how the democratic protection institutions such as the South African Public Protector and the South African Human Rights Commission and the Courts created in terms of the 1996 Constitution vis-à-vis the ways the South African Revenue Service‟ (hereinafter referred to as SARS) new court rules and Service Monitoring Offices safeguard and protect taxpayers rights against SARS‟ administrative abuses. The researcher reviews and analyses literature gathered from the following sources: the Australian and Canadian tax Ombudsman, the United Kingdom‟s tax adjudicator, the South African motor industry Ombudsman, the South African banking services Ombudsman, the South African Public Protector, the Tax Administration Act (28 of 2011) (hereinafter referred to as the TAA), the South African Constitution (108 of 1996), and other popular scientific articles and reports on the introduction of the tax Ombudsman in South Africa. The findings reveal the core factors that underscore the establishment of an effective tax Ombud in South Africa to include: independence, neutrality, credible review process and confidentiality. Other auxiliary factors with regard to the appointment of the tax Ombud are: leadership skills, honesty, integrity and courage. Furthermore, the provisions of the TAA, in relation to the appointment of the tax Ombud‟s funding, staffing, location, and powers with particular reference to cost recovery and disclosure of taxpayers‟ confidential information, impede on the tax Ombud‟s independence. It also emerged from this study that the independence of the tax Ombud‟s office is being over-emphasised, leaving other pertinent issues of equal importance, such as education and publicity, unattended to. The recommendations for this study revolve on the tax Ombud‟s appointment, budget and recruitment of its own staff, building a reputation of independence through public education and the power to recover costs. / MCom (South African and International Taxation), North-West University, Potchefstroom Campus, 2014

The theoretical part of the thesis describes the various tasks which are being performed during the standard selling of real estate, the valuation decree and the development of the housing market. In the practical part of the thesis, 297 apartments are valuated according to the Valuation Decree no. 441/2013 Coll., as amended by the decree no. 199/2014 Coll. and the results are defined in form of parameters of the influence of local conditions that contribute the most to the composition of the apartment price. The impact of the location on the price of the apartment is also determined from the offer price. The valuated apartments are situated in locations: City of Prague, Ústí nad Labem and Karlovy Vary.

Afrikaans text / The Canadian and South African legal systems established equivalent constitutional values and principles pertaining to searches conducted with or without a valid search warrant. It creates the basis for a comparative study on this particular aspect. The Supreme Court of Canada held in R v A. M 2008 S.C.C 19 random sniffer dog searches conducted without neither a reasonable suspicion nor any legislative authority on learners enrolled in public schools, is unconstitutional due to its infringement of a learner's reasonable expectation to privacy, as protected in section 8 of the Canadian Charter of rights and Freedoms. South African learners are randomly search by law enforcement officers by using sniffer dogs for purposes of detecting the possession of illegal drugs in instances without neither a reasonable suspicion nor statutory authority. The search is subsequently conducted in terms of the common law. The common law is not regarded as law of general application to limit a fundamental right in terms of the limitation clause. By taking into consideration the ratio in R v A. M (supra) the conclusion is subsequently that random sniffer dog searches conducted on learners in South African public schools, without neither a reasonable suspicion nor statutory authority, is unconstitutional which infringes section 14 of the Constitution of South Africa of 1996. / Die basis vir hierdie studie is ontleen aan die ooreenstemmende vereistes en beginsels in die Kanadese en Suid Afrikaanse reg ten aansien van deursoekings met of sonder 'n wettige lasbrief uitgevoer. In die Kanadese beslissing van R v A.M 2008 SCC 19 is die grondwetlikheid van ewekansige deursoekings met behuip van snuffelhonde op leerders sonder statutere magtiging uitgevoer, deur die Supreme Court of Canada as ongrondwetlik bevind aangesien 'n leerder wel oor 'n redelike verwagting op privaatheid beskik. Indien leerders sonder 'n redelike vermoede en statutere magtiging met behuip van snuffelhonde deursoek word, geskied dit ingevolge die gemenereg en dit word nie beskou as 'n algemeen geldende reg om 'n fundamentele reg kragtens die beperkingsklousule te beperk nie. Met inagneming van die ratio in R v A.M (supra) kan daar dus tot die gevolgtrekking gekom word dat ewekansige deursoekings met behulp van snuffelhonde op Suid Afrikanse leerders in die afwesigheid van 'n redelike vermoede asook sonder statutere magtiging uitgevoer, tans ongrondwetlike optrede daarstel wat op artikel 14 van die Grondwet van 1996 inbreuk maak. / Law (College) / LL.M.

Afrikaans text / The Canadian and South African legal systems established equivalent constitutional values and principles pertaining to searches conducted with or without a valid search warrant. It creates the basis for a comparative study on this particular aspect. The Supreme Court of Canada held in R v A. M 2008 S.C.C 19 random sniffer dog searches conducted without neither a reasonable suspicion nor any legislative authority on learners enrolled in public schools, is unconstitutional due to its infringement of a learner's reasonable expectation to privacy, as protected in section 8 of the Canadian Charter of rights and Freedoms. South African learners are randomly search by law enforcement officers by using sniffer dogs for purposes of detecting the possession of illegal drugs in instances without neither a reasonable suspicion nor statutory authority. The search is subsequently conducted in terms of the common law. The common law is not regarded as law of general application to limit a fundamental right in terms of the limitation clause. By taking into consideration the ratio in R v A. M (supra) the conclusion is subsequently that random sniffer dog searches conducted on learners in South African public schools, without neither a reasonable suspicion nor statutory authority, is unconstitutional which infringes section 14 of the Constitution of South Africa of 1996. / Die basis vir hierdie studie is ontleen aan die ooreenstemmende vereistes en beginsels in die Kanadese en Suid Afrikaanse reg ten aansien van deursoekings met of sonder 'n wettige lasbrief uitgevoer. In die Kanadese beslissing van R v A.M 2008 SCC 19 is die grondwetlikheid van ewekansige deursoekings met behuip van snuffelhonde op leerders sonder statutere magtiging uitgevoer, deur die Supreme Court of Canada as ongrondwetlik bevind aangesien 'n leerder wel oor 'n redelike verwagting op privaatheid beskik. Indien leerders sonder 'n redelike vermoede en statutere magtiging met behuip van snuffelhonde deursoek word, geskied dit ingevolge die gemenereg en dit word nie beskou as 'n algemeen geldende reg om 'n fundamentele reg kragtens die beperkingsklousule te beperk nie. Met inagneming van die ratio in R v A.M (supra) kan daar dus tot die gevolgtrekking gekom word dat ewekansige deursoekings met behulp van snuffelhonde op Suid Afrikanse leerders in die afwesigheid van 'n redelike vermoede asook sonder statutere magtiging uitgevoer, tans ongrondwetlike optrede daarstel wat op artikel 14 van die Grondwet van 1996 inbreuk maak. / Law (College) / LL.M.