The present research investigated the challenges and problems facing the public sector institutions regarding the processes, procedures, practices, steps and methods used for human resource recruitment and selection. The South African government outlawed unfair discrimination to promote equality and equity in the labour force. This state of affairs has direct implications for employment practices such as recruitment and selection in the public service. Without a comprehensive recruitment and selection model, public service departments could contravene legislative requirements. As a result, these public service departments then may not succeed in attracting and appointing the best candidates for vacant positions. The intension of this study was to determine the extent to which functions of human resource management (HRM) reflect the spirit and stipulations of the statutory and regulatory framework. These functions include job analysis, job evaluation, job design, job profiles, and human resource planning, as well as induction and orientation. The aim is further to verify to what extent these functions influence recruitment and selection practices. A qualitative research design was used to construct a comprehensive human resource recruitment and selection model. This model is the result of a thorough analysis of comparative recruitment and selection theories, approaches, international best practice, and of existing models. A case study was undertaken within the Department of Justice and Constitutional Development (DOJ&CD). Data was collected by using a questionnaire from a representative sample. The target population comprised senior and middle managers from the National Office in Pretoria and North West Province responsible for human resource functions. They are divided into five sub-clusters. Based on the core findings of this research it was established that the DOJ&CD experiences inefficiencies as far as the following aspects of human resource management are concerned: alignment, development and implementation of appropriate human resource strategies, systems, processes, procedures and methods. This also includes the approaches for recruitment and selection. The DOJ&CD mainly utilises traditional processes of recruitment and selection that do not adequately reflect international best practice and, furthermore, do not adhere to all the stipulations of the myriad forms of legislation that are governing human resources in the public service. A comprehensive model for recruitment and selection was thus of the utmost importance to guide the Department in its recruitment and selection endeavours. The model that is designed as the main contribution of this research is aimed at addressing these challenges. The comprehensive model is intended to guide the DOJ&CD‟s human resource practitioners on recruitment and selection. This is done by means of a processmap and a flow-chart approach. Based on the literature review and empirical study, best practice is proposed that can be associated with each phase or step in the recruitment and selection process. The criteria for the development of the model was based on the theoretical relationship among elements and variables such as strategy, structure, job analysis, job description, job specification and job evaluations, and how these elements are linked to recruitment and selection processes. Such a comprehensive human resource recruitment and selection model can assist practitioners to align all human resource activities and functions within public service departments. This will help to realise their organisational objectives and to operationalise their strategic imperatives successfully. / PhD (Public Management and Governance), North-West University, Potchefstroom Campus, 2014

The study commences with a brief overview of the history of marriage and specifically of marriage in community of property with reference to marital power. The unique ex lege consequences of marriage in community of property is comprehensively discussed. The Constitutional Court decision in Harksen v Lane determined the test for unconstitutionality. The test for unconstitutionality is discussed with specific reference to the Bill of Rights. The Constitutional Court's decision in Volks v Robinson is critically evaluated as the Court propounded the so-called "choice argument" in terms of which people purposefully decide to marry instead of cohabiting and therefore the law may accord certain benefits to married people which are not available to unmarried life partners. The Constitutional Court decisions in Van der Merwe v RAF as well as its consequences are discussed. It concluded that section 18(b) of the Matrimonial Property Act constituted unjustifiable discrimination between spouses married in community of property and those married out of community of property and the said section was therefore declared unconstitutional. The law of insolvency in respect of the joint estate of spouses married in community of property is investigated. Freedom of testation and case law relating thereto is considered briefly. The study concludes with the submission that the common law provision that separate assets of a spouse in a marriage in community of property form part of the joint insolvent estate even if a testator expressly determined in his will that a bequest will not form part of the joint estate of a beneficiary, amounts to unfair discrimination and is unconstitutional. t is submitted that the principle unfairly discriminates between spouses married in community of property and those married out of community of property on the ground of marital status. / LLM (Estate Law), North-West University, Potchefstroom Campus, 2015

The present research investigated the challenges and problems facing the public sector institutions regarding the processes, procedures, practices, steps and methods used for human resource recruitment and selection. The South African government outlawed unfair discrimination to promote equality and equity in the labour force. This state of affairs has direct implications for employment practices such as recruitment and selection in the public service. Without a comprehensive recruitment and selection model, public service departments could contravene legislative requirements. As a result, these public service departments then may not succeed in attracting and appointing the best candidates for vacant positions. The intension of this study was to determine the extent to which functions of human resource management (HRM) reflect the spirit and stipulations of the statutory and regulatory framework. These functions include job analysis, job evaluation, job design, job profiles, and human resource planning, as well as induction and orientation. The aim is further to verify to what extent these functions influence recruitment and selection practices. A qualitative research design was used to construct a comprehensive human resource recruitment and selection model. This model is the result of a thorough analysis of comparative recruitment and selection theories, approaches, international best practice, and of existing models. A case study was undertaken within the Department of Justice and Constitutional Development (DOJ&CD). Data was collected by using a questionnaire from a representative sample. The target population comprised senior and middle managers from the National Office in Pretoria and North West Province responsible for human resource functions. They are divided into five sub-clusters. Based on the core findings of this research it was established that the DOJ&CD experiences inefficiencies as far as the following aspects of human resource management are concerned: alignment, development and implementation of appropriate human resource strategies, systems, processes, procedures and methods. This also includes the approaches for recruitment and selection. The DOJ&CD mainly utilises traditional processes of recruitment and selection that do not adequately reflect international best practice and, furthermore, do not adhere to all the stipulations of the myriad forms of legislation that are governing human resources in the public service. A comprehensive model for recruitment and selection was thus of the utmost importance to guide the Department in its recruitment and selection endeavours. The model that is designed as the main contribution of this research is aimed at addressing these challenges. The comprehensive model is intended to guide the DOJ&CD‟s human resource practitioners on recruitment and selection. This is done by means of a processmap and a flow-chart approach. Based on the literature review and empirical study, best practice is proposed that can be associated with each phase or step in the recruitment and selection process. The criteria for the development of the model was based on the theoretical relationship among elements and variables such as strategy, structure, job analysis, job description, job specification and job evaluations, and how these elements are linked to recruitment and selection processes. Such a comprehensive human resource recruitment and selection model can assist practitioners to align all human resource activities and functions within public service departments. This will help to realise their organisational objectives and to operationalise their strategic imperatives successfully. / PhD (Public Management and Governance), North-West University, Potchefstroom Campus, 2014

The Employment Equity Act, No 55 of 1998 forms part of the transformation legislation aimed at promoting equity and eliminating discriminatory and unfair treatment in the workplace. This Act was promulgated more than ten years ago, and its positive impact has to be measured in terms of its contribution to the conduciveness of the work environment. The aim of this study is to enhance measures for effective implementation of an Employment Equity Programme (EEP) in the Public Service, with specific reference to the Department of Justice and Constitutional Development. The ultimate aim is to identify Employment Equity (EE) measures that will benefit management and employees in enhancing individual performance and productivity. The study focuses on perceptions of employees on how they perceive EEP. As the study progressed it became equally important to determine the alignment and contribution of EEP on Departmental strategic objectives. The results and recommendations will be shared with the Department of Justice and Constitutional Development with a view to ensuring that its EEP is aligned to its strategic objectives, and adds value to service delivery. / Public Administration & Management / M.P.A.

The Employment Equity Act, No 55 of 1998 forms part of the transformation legislation aimed at promoting equity and eliminating discriminatory and unfair treatment in the workplace. This Act was promulgated more than ten years ago, and its positive impact has to be measured in terms of its contribution to the conduciveness of the work environment. The aim of this study is to enhance measures for effective implementation of an Employment Equity Programme (EEP) in the Public Service, with specific reference to the Department of Justice and Constitutional Development. The ultimate aim is to identify Employment Equity (EE) measures that will benefit management and employees in enhancing individual performance and productivity. The study focuses on perceptions of employees on how they perceive EEP. As the study progressed it became equally important to determine the alignment and contribution of EEP on Departmental strategic objectives. The results and recommendations will be shared with the Department of Justice and Constitutional Development with a view to ensuring that its EEP is aligned to its strategic objectives, and adds value to service delivery. / Public Administration and Management / M.P.A.