In March 2012, the Durban High Court found three accused guilty of murder on two of the accused’s parents. The Lotter case was covered extensively by the media, because of its unusual story: The two Lotter siblings claimed that they were brainwashed by the sister’s boyfriend as he had made them believe that he was the third son of God. As the siblings’ defences they decided to use the controversial defence of non-pathological criminal incapacity. This dissertation gives an extensive outline of case law that has covered this defence. While attempting to define this defence, the courts have limited its uses to such an extent, that it appears to be abolished. Viewpoints of academic authors have been considered to assist the reader in defining new borders for this defence. Redefinition is necessary in light of the Constitution of the Republic of South Africa. Concepts such as ‘coercive persuasion’ are explained in terms of psychological, psychiatric and legal backgrounds. Other countries have taken measures to restrict the use of coercive persuasion, specifically religious coercive persuasion. We therefore compare South Africa’s lack of legislation to those countries that have adopted anti-coercive persuasion legislation as the Constitution permits that foreign law may be taken into account when interpreting and developing the law. There is also a discussion on the role of expert evidence in a South African court, specifically the psychologist, as well as discussion on Post-Traumatic Stress Disorder and the Battered Partner/Spouse/ Wife syndrome in context of coercive persuasion. Coercive persuasion is viewed in terms of the defence of non-pathological criminal incapacity – as a prevailing factor that discredits the second (conative) leg of the capacity test: The ability to act in accordance with right and wrong. Defences such as automatism and private defence are also considered in context of coercive persuasion. By analysing the case of Cézanne Visser along with the other cases that considered the defence of non-pathological criminal incapacity, one is able to view that the Lotter case is not the first case that mentions a person coercively persuaded by her partner to commit crimes. After the discussion of the Lotter case (the facts and judgment are covered in detail), similarities are drawn between the two women that were coercively persuaded by their partners. An alternative judgment and sentence reveals that the Lotter case had an opportunity to develop the defence, in context of coercive persuasion, and in light of the Constitution, but failed to do so. The recommendations that follow are based on the defective dialogue that occurs between psychologists and psychiatrists, the unnecessary absence of expert evidence in court, the transformation of the defence of non-pathological criminal incapacity, a development of the term ‘coercive persuasion’ for purposes of the court when considering cases that deals with religious practices and the lack of legislative protection for women who murder their abusive husbands. / Dissertation (LLM)--University of Pretoria, 2012. / Public Law / unrestricted

This thesis examines my experience of leading leadership development. During the last three years I have been researching my role as Head of Leadership and Organisational Development at the University of Hertfordshire (UH), with a view to making sense of and rethinking leadership and approaches to leadership development more generally. This thesis considers how my own thinking and practice has changed and developed as a consequence of paying attention to and reflecting on personal experience, whilst at the same time locating my sense-making in the broader academic scholarship. Narrative accounts of the significant incidents and interactions that I have participated in during the past three years have been shared verbally with the participants on the programmes that I lead, and explored more extensively in written form with colleagues in the learning community on the Doctorate in Management (DMan) programme at UH, as a means of intensifying my sense-making and its generalisability to a community of engaged enquirers. My research was prompted by disillusionment with the dominant discourse on leadership and leadership development based as it is on theories, frameworks, tools and techniques that privilege a form of autonomous, instrumental rationality and deceptive certainty that did not reflect the social, non-linear, uncertain day-to-day realities faced by me and the managers with whom I worked. In this thesis, I draw on my experiences as a manager, leader of leadership development, and a student of leadership development, to problematise the mainstream managerialist conceptions of leadership and organisation that are now part of the organisational habitus (Bourdieu, 1977) in the UK. The rise and naturalisation of managerialist ideology across the private, public, and charitable sectors in the UK makes it an inordinately difficult perspective to contest without risking some form of exclusion. I contend that my experience of attempting to encourage radical doubt and enquiry rather than the mindless acceptance and application of conventional wisdom contributes to knowledge in the field of leadership and organisational development by providing insight into and an alternative way of thinking about and practising leadership and leadership development. In contesting dominant conceptions, I proffer a more reality congruent alternative to mainstream thought. I draw on the perspective of complex responsive processes of relating (Stacey et al, 2000, Griffin, 2002, Shaw, 2002), critical management studies (Alvesson and Willmott, 1996), social constructionism (Berger et al, 1966), and other thinkers critical of managerialist conceptions of leadership and leadership education (Khurana, 2007) to explore leadership as a social, relational activity where leaders are co-participants, albeit highly influential ones, in the ongoing patterning of relationships that constitute organisation. However, I argue that it is insufficient for management educationalists to snipe critically at managerialism from the sidelines, problematising one perspective and simply replacing it with another (Ford et al, 2007), leaving their participants ill-equipped to navigate the potentially destructive political landscape of day-to-day organisational life. While the dominant discourse on leadership and organisation is flawed, to avoid exclusion managers must still become fluent in the language and practice of managerialism, the ideology that has come to dominate the vast majority of organisational communities in which they find themselves. In this thesis, I argue that it is crucial for managers and leaders of leadership development to engage with a polyphony of perspectives, and develop the reflective and reflexive capacity to continuously explore and answer for themselves the questions who am I, and what am I doing, who are we, and what are we doing?

Die Arbeit erforscht das Politikfeld der Auswanderungspolitik in der DDR zwischen 1949 und 1989 in Form einer Policy-Analyse. Sie untergliedert sich in drei Fragstellungen: Lässt sich eine charakteristisch auswanderungspolitische Kombination von Steuerungsinstrumenten nachweisen? Welche Funktion erfüllten spezifische Policy-Akteure? In welchem Verhältnis standen sie zu den Policy-Phasen? Quellengrundlage ist die Aktenhinterlassenschaft der Ministerien des Inneren und für Staatssicherheit einerseits sowie die Protokolle von Politbüro und Ministerrat andererseits. Untersucht wird die Darstellung des Auswanderungsproblems, der eigenen Handlungsmotive, der Wirksamkeit der Steuerungsinstrumente und anderer Akteure. Die theoretischen Folien für die Politikfeldanalyse sind die Totalitarismustheorie von Carl Friedrich, die Theorie der Coercive Persuasion (Zwangspersuasion) von Edgar Schein, sowie der Begriff des Eigen-Sinn von Alf Lüdtke. Die Arbeit legt ihren innovativen Schwerpunkt auf das Steuerungsinstrument der „Einzelpersuasion“. Damit ist der hier als totalitär qualifizierte Aufwand gemeint, mit dem das Regime versuchte, die Abwanderung durch individuelles Zureden in den Griff zu bekommen. Die Arbeit zeigt, dass während der gesamten SED-Herrschaft ein spezifisches Set weiterer Steuerungsinstrumente – im Sinne der Theorie der Zwangspersuasion – zur Unterstützung der Einzelpersuasion eingesetzt wurden. Dazu gehörten die berühmt gewordenen auswanderungspolitischen Instrumente des Zwangs wie Berliner Mauer, Schießbefehl und Republikflucht-Paragraph einerseits und der negativen Anreize durch die Diskriminierung von Auswanderungswilligen andererseits. Policy-Zyklen werden mit den Zäsuren in den Jahren 1952, 1953, 1958, 1961, 1975 und 1989 identifiziert. Mit Blick auf die Einflussnahme diverser auswärtiger Akteure auf die Policyphase des Agendasetting für die Auswanderungspolitik wird eine auswanderungspolitische DDR-Außenpolitik identifiziert. / The dissertation explores the emigration policy in the GDR between 1949 and 1989 by means of a policy analysis. It breaks down into three questions: Is it possible to detect a characteristic set of emigration policy instruments? Which policy actors can be identified and what was their relevance in specific policy phases during the policy process? The policy history is examined through an archival analysis based on the huge body of files left over from the ministries of internal affairs and state security as well as minutes from Politbureau and Council of Ministers. The study examines the presentation and perception of the emigration problem, the subjective motives, the effectiveness of policy instruments and the perception of other players. This policy analysis is based on several theories – Carl Friedrich’s Totalitarianism, Edgar Schein’s Coercive Persuasion and Alf Lüdtke’s Eigen-Sinn. The study’s innovative emphasis lies on the policy instrument of „Einzelpersuasion“ (individual persuasion). This refers to the totalitarian effort with which the regime tried to prevent emigration attempts by personal cajolery. The study will show that during the entire SED rule a specific set of additional policy instruments were used to support the individual persuasion according to the theory of Coercive Persuasion. These included on the one hand the infamous coercive emigration policy instruments such as the Berlin Wall, the shoot-on-sight order and the criminal provisions for Republikflucht (escaping GDR). On the other hand, there were always negative incentive instruments discriminating against people intending to emigrate. Policy cycles with remarkable policy reformulation are identified in 1952, 1953, 1958, 1961 with the Berlin Wall, 1975 and 1989. Referring to the influence of various foreign actors on the policy phase of agenda setting for emigration policy the study identifies an “emigration-driven foreign policy”.