Magister Legum - LLM

The purpose of this thesis is to substantiate the hypothetical development of a community radio station for a South African National Park, such as the Kruger National Park and to design the programming. As such the thesis has two phases namely a theoretical phase, where the variables and dynamics of the process of community unification, tourism’s ability to alleviate poverty and the central role played by radio are considered, and a creative phase, where the findings of the theoretical phase are applied in the design of the programme. The research leads to a model, and its methodology can be described as applied creative research. In order to arrive at the model, the research investigates a number of dynamics. In the first instance the research investigates a potential audience for such a community radio station. The notion of this potential audience or imagined community is interrogated. The thesis argues that there needs to be a conceptually synthesised audience, consisting of the local ethnic community, and a tourist community and that these two communities have interwoven functions around the provision and exploitation of tourism. Secondly, the thesis argues the demands of the audience synthesis, by investigating the nature of the South African tourism industry, with specific reference to the National Parks. In this section, the interrelatedness of the function and demands of the two communities are posited and developed, so that the groundwork for potential content of the Community Radio Station can be foregrounded. The thesis then interrogates the concept of communication by radio and draws on Marshall McLuhan’s concepts of ‘hot’ and ‘cold’ receivers and Walter Ong’s work around primary and secondary orality, amongst others. Here the thesis argues for the way that radio may be used to exploit and develop the synergy of the ethnic and the tourist community. The thesis then moves into the phase, where, through the recognised research process oftriangulation, which includes the synergised two communities (now a ‘Parks Emergent Radio Community’/ PERC), the shared content around the demands of tourism in National Parks, and the communal form of radio are creatively interwoven into a potential or hypothetical programme layout. The study concludes with a consideration of what might be the stumbling blocks in the way of implementing such a triangulated process and notes finances and budgets, training, and most specifically, bureaucratic intervention by licensing authorities as primary obstacles. The thesis argues for the advantages of the development of such a Community Radio Station for National Parks, given the projected steep increment in the tourist trade in South Africa. / Thesis (DPhil (Community Radio))--University of Pretoria, 2006. / Drama / unrestricted

En France, à la suite de précédentes constitutions, la Constitution de la Ve République consacre l’état de siège (art. 36) ; à l’étranger, de nombreux pays l’ont adopté. Ce constat laisse béant un paradoxe suivant : si la France adopte, la première, une législation d’exception, elle n’offre pas pour autant de réflexion approfondie sur ce qu’est l’état d’exception. L’étude des origines et de l’histoire de l’état de siège met au jour les raisons d’un tel paradoxe.L’état de siège est originellement une disposition technique du droit militaire (loi des 8-10 juillet 1791), qui prévoit que, dans certaines circonstances, l’ordre public et la police passent de l’autorité civile, compétence par principe, à l’autorité militaire. Ainsi, la loi prévoit le renversement du principe selon lequel l’autorité civile prime sur le militaire. Au cours de la Révolution, cette disposition est utilisée afin de réprimer les troubles violents qui se multiplient à l’intérieur du territoire. Durant le XIXe siècle, les régimes successifs y recourent également, jusqu’à ce que la Cour de cassation, en 1832, donne un coup d’arrêt à cette pratique. Le législateur est donc contraint d’adopter un texte – la loi du 9 août 1849 – qui encadre précisément son usage. Cette loi est, véritablement, une législation d’exception, au sens où elle contrevient à un principe consacré par l’ordre constitutionnel, en fonction de circonstances déterminées, pour un temps et un lieu circonscrits. Elle accorde également à l’autorité militaire des pouvoirs étendus qui restreignent les libertés publiques, et consacre la compétence des juridictions militaires pour juger les non-militaires. / In France, following previous Constitutions, the state of siege gained acceptance under the Constitution of the Fifth Republic (art. 36); many countries abroad adopted it. This fact leaves a gaping paradox: even if France adopts the first emergency legislation, it does not mean that it provides an in depth reflection on what is the state of emergency. The study of the genesis and history of the state of siege reveals the reasons for such a paradox. Originally, the state of siege was a technical measure of military law (law of July 8-10, 1791), which provided that in certain circumstances, public order and police would transfer from the civil authority, competent on principle, to the military authority. Thus, law foresaw the reversal of the principle according to which the civil authority takes precedence over the military. During the Revolution, this measure was used to suppress the violent unrest that became more frequent inside the territory. Throughout the nineteenth century, successive governments had also recourse to it until the Supreme Court put an end to this practice in 1832. Consequently ,the legislator was forced to pass a bill - the Law of August 9, 1849 - which would frame precisely its use. This law truly is an emergency law, which means that it contravenes a principle enshrined in the constitutional order, depending on specific circumstances, for a circumscribed time and place. It also gives to the military authority enlarged powers which restrict civil liberties, and establishes the jurisdiction of military courts to judge non-military courts.

Understanding how the Renaissance rhetorical curriculum taught style as behavior makes it possible to unite the study of women writers' identities with formal criticism. Nancy L. Christiansen shows that early modern humanists built on the Isocratean tradition of teaching rhetoric as an ethical practice because they adopted and developed lists of rhetorical figures so extensive as to encompass all human discourse, thought, and behavior. For them, knowing, selecting, and applying these various forms was the ethical practice of good judgment, also called decorum. This type of decorum plays an important role in the rhetorical function of two key texts by early modern women. Margaret Fell and Aemilia Lanyer each use a humanist notion of decorum as the virtue of good judgment to formulate their intellectual and moral authority and to argue that women can exercise the same.

The subject of my thesis dscribes function and principles of the public key infrastructure as well as certificate authority. Under the operation system Linux was created self signed certificate authority. Web interface was devoloped in PHP for the purpose of the generation, distribution and rejection certificates. Configuration files for OpenVPN are included in the thesis and wireless security is achived by OpenVPN.

The aim of this thesis is to study and describe the theme of Public Key Infrastructure (PKI). Within the scope of minute PKI characterization there is a gradual depiction of particular structural elements, which are above all represented by cryptographic operations (asymetric and symetric cryptography, hash function and digital signature); then, there are also individual PKI subjects that are dealt with, like eg. certification authority, certificates, security protocols, secure heap etc. Last but not least there are a few complete Public Key Infrastructure implementation solutions described (OpenSSL, Microsft CA). The practical part of the thesis, a lab exercise, gives potential students the knowledge of installing OpenSSL system based certification authority. The next task educate students how to secure web server with certificate signed with own CA and also how to secure web server users‘ access control through certificates signed by the previously installed CA.

The dissertation thesis deals with bases of establishing and maintaining authority in education from the perspective of student teachers in the international context. The thesis is divided into six chapters, the first three of which lay down its theoretical groundwork. In the first chapter the term authority is defined both generally and from the point of view of education, then it is classified and categorized, which is followed by an outline of possible dilemmas authority may cause in education. The second chapter charts both internal and external determinants of establishing and maintaining authority in education, i.e. it deals with the influence of teacher's personality and expertise, pupil, interaction of a teacher and a pupil, official pedagogical documents, as well as social and cultural factors. The theoretical part is concluded by the review of the contemporary research of authority in education. The fourth chapter presents the research question and characterizes bases of the selected research methodology - grounded theory. Also, it describes the research plan and utilized qualitative and quantitative research methods, which include free word associations, sentence completion, mind mapping, short written narratives, focus group, and adapted QTI. The chapter also concerns itself with...

Communities sometimes hold private property rights in or adjacent to a protected area. Section 25 of the Constitution of the Republic of South Africa of 1996 (the Constitution) protects a person's private property in that the state may not unfairly deprive or expropriate such private property. The interest in the environment are protected by section 24 of the Constitution which entails that every person has the right to an environment that is not harmful to one's health or well-being and also that the environment has to be preserved for present and future generations. National parks are the most valuable natural resource in terms of nature conservation that South Africa has, as these parks harvest natural resources to be preserved for present and future generations. The question that arises is which restrictions are placed on owners in respect of nature conservation, and what the constitutionality of such restrictions is. The answer this question is somewhat difficult as both the right to property and the right to a safe and clean environment are both fundamental rights in the Constitution, and these rights deserve protection. That being said, it is important to understand that no right in the Bill of Rights is an absolute right and all rights are subject to limitations. Such limitations should adhere to the requirements set out in section 36 of the Constitution. A limitation of any constitutional right will be accepted if it is proportional. Section 36(1) of the Constitution amounts to a general proportionality test to ensure that any right contained in the Bill of Rights is only limited by a law of general application and if such limitation is reasonable and justifiable. The National Environmental Management Act 107 of 1998 (NEMA) as well as the National Environmental Management: Protected Areas Act 57 of 2003 (NEMPA) can be seen as laws of general application. NEMPA especially implies that private property holders may be deprived of their property, if it is situated in or adjacent to a protected area in order to conserve the environment, and this will also not be arbitrary as the private property holders are still allowed to reside on the land in question. NEMA as well as NEMPA makes provision that property may be expropriated for environmental purposes subject to compensation and the provisions of the Expropriation Act 63 of 1975. Limitation of property rights in order to protect and conserve the environment can thus not be seen as unconstitutional or unfair. / LLM (Environmental Law and Governance), North-West University, Potchefstroom Campus, 2015

Communities sometimes hold private property rights in or adjacent to a protected area. Section 25 of the Constitution of the Republic of South Africa of 1996 (the Constitution) protects a person's private property in that the state may not unfairly deprive or expropriate such private property. The interest in the environment are protected by section 24 of the Constitution which entails that every person has the right to an environment that is not harmful to one's health or well-being and also that the environment has to be preserved for present and future generations. National parks are the most valuable natural resource in terms of nature conservation that South Africa has, as these parks harvest natural resources to be preserved for present and future generations. The question that arises is which restrictions are placed on owners in respect of nature conservation, and what the constitutionality of such restrictions is. The answer this question is somewhat difficult as both the right to property and the right to a safe and clean environment are both fundamental rights in the Constitution, and these rights deserve protection. That being said, it is important to understand that no right in the Bill of Rights is an absolute right and all rights are subject to limitations. Such limitations should adhere to the requirements set out in section 36 of the Constitution. A limitation of any constitutional right will be accepted if it is proportional. Section 36(1) of the Constitution amounts to a general proportionality test to ensure that any right contained in the Bill of Rights is only limited by a law of general application and if such limitation is reasonable and justifiable. The National Environmental Management Act 107 of 1998 (NEMA) as well as the National Environmental Management: Protected Areas Act 57 of 2003 (NEMPA) can be seen as laws of general application. NEMPA especially implies that private property holders may be deprived of their property, if it is situated in or adjacent to a protected area in order to conserve the environment, and this will also not be arbitrary as the private property holders are still allowed to reside on the land in question. NEMA as well as NEMPA makes provision that property may be expropriated for environmental purposes subject to compensation and the provisions of the Expropriation Act 63 of 1975. Limitation of property rights in order to protect and conserve the environment can thus not be seen as unconstitutional or unfair. / LLM (Environmental Law and Governance), North-West University, Potchefstroom Campus, 2015

稅務案件涉及稅捐核課之行政程序和爭端解決之訴訟程序，兩者皆採職權調查主義，當事人對於待證事實之主張及證據聲請不拘束行政機關與法院，其得依其職權就必要且可能之證據為調查。而因稅務案件量大且相關證據皆處於納稅義務人之管領範圍下，致職權調查待證事實困難，故有當事人協力義務之規範，兩者相互影響。若當事人不盡其協力義務將可能使證明度降低，並於審判最終待證事實仍真偽不明時，以客觀舉證責任為判決分配。本文分析現行法規範下行政與訴訟程序中有權機關職權調查、當事人協力義務、證明度調整與舉證責任之分配，並以營利事業所得稅常見之爭議為例，探討現行實務作法是否與理論一致，並於文末提出相關現行作法之修改或法規範之建議，以供參酌。 / Tax administrative lawsuits involve administrative procedures and administrative litigation. Both administrative procedures and administrative litigation follow the inquisitorial investigation. Tax authorities and courts can investigate the facts and circumstance according to their authority and are not restricted by the declaration of the parties. However, due to the fact of a large number of tax administrative lawsuits and tax information often accessible only to taxpayers, tax authorities and courts may encounter great difficulties in the inquisitorial investigation. Therefore, taxpayers are obligated to assist tax authorities to investigate the relevant facts and circumstance. Taxpayers’ obligation to assist tax authorties may have a counter-effect on tax authorities’ obligation to follow the inquisitorial investigation. When the cooperative obligation falls on the party, it may cause essening of the standard of proof. If there still not knows the truth at the end of final judgment, using objective burden of proof to allocate the judgment. This thesis study the relationship between the inquisitorial investigation of the authority, cooperative obligation of the taxpayer, standard of proof adjustments, and the current burden of proof of legal norms. By examining the tax administrative litigation cases concerning the Profit-Seeking Enterprise Income Tax, this thesis analyzes the discrepancy in the practice and the theory, and concludes with relevant suggestions to improve current practice and legal norms.