Law / LL.M.

Privilege is an evidential principle which, on the grounds of public policy, excludes evidence relevant and otherwise admissible. This thesis aims to discover whether privilege should be applied to the psychotherapeutic profession in South Africa. At present, the only profession in South Africa afforded privilege is the legal profession. There are two main theoretical justifications for privilege: the utilitarian and the individual/human rights approach. This thesis considers whether the psychotherapeutic profession wan-ants privilege under either theory, and recommends that the law of privilege integrate both theories rather than adopt one or the other. The impact of the Constitution and the right to privacy receive particular attention. Very little literature or case law on the question of psychotherapeutic privilege was found in South Africa. Consequently, extensive comparative research into the common-law systems of England, Canada and United States of America was done. This research yielded some interesting findings. The first is that case-by-case development of the law of privilege is uncel1ain and fragmented. The next is that psychotherapeutic privilege exists in almost absolute form in the United States of America, but is littered with lacunae causing as much uncertainty as the case-by-case approach to privilege law. The most helpful method of dealing with the problem was found in Canada, where a two-stage approach to protecting personal information, including psychotherapeutic records, has been developed. In light of this research, this thesis reassesses the original viability of psychotherapeutic privilege in South Africa. Privilege, it was found, is not the best solution to protecting psychotherapeutic communications. This thesis recommends legislative adoption of an amended two-stage approach based on the Canadian model for sexual offence trials as the best method of protecting psychotherapeutic communications in both civil and criminal proceedings. The thesis ends by suggesting draft legislative provisions.

The revolutionary migration within the health care sector towards the digitisation of medical records for convenience or compliance touches on many concerns with respect to ensuring the security of patient personally identifiable information (PII). Foremost of these is that a patient’s right to privacy is not violated. To this end, it is necessary that health care practitioners have a clear understanding of the various constructs of privacy in order to ensure privacy compliance is maintained. This research project focuses on an investigation of privacy from a multidisciplinary philosophical perspective to highlight the constructs of information privacy. These constructs together with a discussion focused on the confidentiality and accessibility of medical records results in the development of an artefact represented in the format of a model. The formulation of the model is accomplished by making use of the Design Science research guidelines for artefact development. Part of the process required that the artefact be refined through the use of an Expert Review Process. This involved an iterative (three phase) process which required (seven) experts from the fields of privacy, information security, and health care to respond to semi-structured questions administered with an interview guide. The data analysis process utilised the ISO/IEC 29100:2011(E) standard on privacy as a means to assign thematic codes to the responses, which were then analysed. The proposed information privacy model was discussed in relation to the compliance requirements of the South African Protection of Personal Information (PoPI) Bill of 2009 and their application in a primary health care facility. The proposed information privacy model provides a holistic view of privacy management that can residually be used to increase awareness associated with the compliance requirements of using patient PII.

M. Tech. (Department of Information and Communication Technology, Faculty of Applied and Computer Sciences), Vaal University of Technology. / Mobile devices are rapidly becoming a key computing platform, transforming how people access business and personal information. Accessing business and personal data using mobile devices requires authentication that is secure. The world is rapidly becoming connected and all users of mobile devices need to be clear regarding individual data security. As a result, biometrics for mobile devices has come into existence. Biometric technology can be applied on mobile devices to improve the trustworthiness of wireless services. Furthermore, it is of great importance and necessary to start paying attention to and investing in mobile biometric technologies, as they are quickly turning into tools of choice for productivity. In the literature review, it shows that few studies measured the acceptance of biometric authentication technology on mobile devices. This study seeks to find out the perceptions as to the acceptance of biometric authentication technology on mobile devices. TAM2 was used as the foundation for generating the hypothesis and developing the conceptual framework for this study. This quantitative study used a survey-based questionnaire to collect data from 305 participants. The simple random sampling technique was used to select participants for this study. The response rate was 98% of the expected population, which was a total of 302 valid responses. A descriptive analysis was deployed to provide a description of respondents’ demographic characteristics. SPSS was used to compute the multiple regressions in order to evaluate the research hypotheses. The findings of this study revealed that perceived humanness, perceived interactivity, perceived social presence, perceived ease of use and subjective social norm, and perceived usefulness and trust are important determinants of customers’ intention to accept and use mobile biometric devices. It was found that reliability is a good predictor of trust. On the other hand privacy, identity theft and combining data are also important determinants of trust. This work can be used to strengthen biometric authentication technology in-cooperation with mobile devices for simplicity of use. Since most mobile devices are used for personal and business information, further research on the acceptance of biometric authentication technology on mobile devices is needed.

The focus of this research was on the Management of Whistle-Blowing at the University of South Africa (UNISA). This study investigated the perception of UNISA staff on the issue of whistle-blowing. Using a quantitative approach, a questionnaire was used to obtain relevant information from permanent employees of UNISA, at all campuses and regions, regarding the issue of whistle-blowing. This study highlights the attitudes and opinions of permanent employees of UNISA regarding the issue of whistle-blowing, and whether or not these attitude and opinions can influence the effectiveness of whistle-blowing, as a crime and unethical conduct deterrent and detection mechanism. Several issues were investigated in this study, as whistle-blowing if implemented and managed correctly, can be a valuable source of intelligence on crime and unethical conduct in the workplace. / CRIMINOLOGY / MA (POLICE SCIENCE)

While several Australian and international studies have explored the family lawyer-client interaction, these studies have been limited to investigations of discrete areas of the lawyerclient relationship and have been necessarily limited in their methodologies. The present study employed a quantitative empirical methodology in an Australian wide field study of 230 family lawyers and 94 clients that investigated the family lawyer-client interaction from a procedural justice framework. Using multivariate analyses, the study establishes that the Tyler and Blader two-component model of procedural justice applies in the lawyer-client dyad and is influenced by the approach of the lawyer, the emotional response of the client, and the level of co-party conflict that the client is experiencing. Further, the study gives meaning to the terms 'conciliatory and constructive' and 'adversarial' as they apply to family law dispute resolution. The study establishes a construct to measure the conciliatory and adversarial approach of family lawyers and identifies that lawyers tend to incorporate a mixture of the two into their work. The results also identify four distinct behavioural factors that characterise the two approaches: the client-centred and interest-based factors characterise the conciliatory approach; and the lawyer-directed and court-focused factors characterise the adversarial. The study found that in terms of perceptions of fairness, and feelings of satisfaction, the clients preferred the lawyers who took a client-centred and interest-based approach, but in circumstances where the clients were experiencing high-levels of conflict, or fear for the safety of their children, they also appreciated the lawyer who was lawyer-directed and court-focused. Overall, the study shows that in order to create a fair and satisfying dispute resolution service for their clients, family lawyers need to maintain a fine balance of family lawyering behaviour. On a general level, the study provides a profile of Australian family lawyers in terms of their approach to dispute resolution, their attitude towards ADR processes and their favoured negotiation styles. It also profiles family law clients in terms of their emotional adjustment to the divorce and their perceptions of the family lawyers assisting them to resolve their disputes. The study substantially expands the procedural justice theory base and has significant implications for practical family law education, government policy, family lawyering, and the ADR and collaborative law movements. The study indicates where future research could benefit these communities.

Univ., Diss.-2005--Frankfurt (Main), 2004. / Literaturverz. S. 145 - 172.

The focus of this research was on the Management of Whistle-Blowing at the University of South Africa (UNISA). This study investigated the perception of UNISA staff on the issue of whistle-blowing. Using a quantitative approach, a questionnaire was used to obtain relevant information from permanent employees of UNISA, at all campuses and regions, regarding the issue of whistle-blowing. This study highlights the attitudes and opinions of permanent employees of UNISA regarding the issue of whistle-blowing, and whether or not these attitude and opinions can influence the effectiveness of whistle-blowing, as a crime and unethical conduct deterrent and detection mechanism. Several issues were investigated in this study, as whistle-blowing if implemented and managed correctly, can be a valuable source of intelligence on crime and unethical conduct in the workplace. / CRIMINOLOGY / MA (POLICE SCIENCE)

With most employees in Engineering Small and Medium Enterprises (SME) now having access to their own personal workstations, the need for information security management to safeguard against loss/alteration or theft of the firms’ important information has increased. These Engineering SMEs tend to be more concerned with vulnerabilities from external threats, although industry research suggests that a substantial proportion of security incidents originate from insiders within the firm. Hence, technical preventative measures such as antivirus software and firewalls are proving to solve only part of the problem as the employees controlling them lack adequate information security knowledge. This tends to expose a firm to risk and costly mistakes made by naïve/uninformed employees. This dissertation presents an information security awareness process that seeks to cultivate positive security behaviours using a behavioural intention model based on the Theory of Reasoned Action, Protection Motivation Theory and the Behaviourism Theory. The process and model have been refined and verified using expert review and tested through action research at an Engineering SME in South Africa. The main finding was information security levels of employees within the firm were low, but the proposed information security awareness process increased their knowledge thereby positively altering their behaviour.

The main purpose of this project is to build a bank system that offers a friendly and simple interface to let users easily manage their lightweight currencies. The Lightweight Currency Protocol (LCP) was originally proposed to solve the problem of fairness in resource cooperatives. However, there are other possible applications of the protocol, including the control of spam and as a general purpose medium of exchange for low value transactions. This project investigates the implementation issues of the LCP, and also investigates LCP bank services to provide human interface to currency operations.