South Africa's transition to constitutional democracy marked the end of a system of government that perpetuated injustice on the basis of race. The previous system of government, underpinned by the principle of parliamentary supremacy, did not only exclude the majority of the population from public governance processes, it also economically exploited the majority of the population. As such, it laid the foundation for widespread poverty and inequalities in access to basic services. The Constitution of the Republic of South Africa, 1996 (the Constitution), is committed to correcting these past injustices and aims to establish a society based on social justice. This constitutional vision finds expression in the notion of transformative constitutionalism. Klare introduced the notion of transformative constitutionalism over a decade ago. For purpose of this thesis, the notion represents the socio-economic and political vision of post-apartheid South Africa to eradicate extreme poverty and inequalities in access to basic services as well as establish a democratic system of government that is inclusive, caring, participatory, representative and accountable. It captures the constitutional commitment to establish and maintain a society based on social justice by inter alia, eradicating poverty and inequalities in access to social services. The realisation of the socio-economic rights entrenched in the Bill of Rights of the Constitution (by all organs of state) is one of the ways in which to contribute towards meeting this transformative constitutional mandate, and by extension, striving towards the attainment of social justice. Although transformative constitutionalism and the achievement of a socially just society remain an ideal, the Constitution as the supreme law in the country, obligates the state, constitutive of public and private entities, to work towards its realisation, to the fullest extent possible. As part of post-apartheid institutional transformation, the Constitution established three spheres of government – national, provincial and local - which are distinct, interrelated and interdependent. All three spheres are obliged to operate in accordance with the principles of co-operative government and intergovernmental relations and are co-responsible for realising a number of constitutional objectives. Since 1996, the Constitution obliges local government (municipalities) to play an expanded "developmental" role. This has marked a move away from local government being regarded as merely a service delivery arm of government. xii The extended function of local government that came about with the constitutional dispensation finds expression in the notion of "developmental local government". This study is based on the premise that developmental local government must and can, together with the authorities in the other two spheres, contribute to transformative constitutionalism and social justice. Primarily, this study questions the extent to which the legal and policy framework on local government in South Africa enable local government (municipalities) to contribute towards realising the constitutional socio-economic rights underpinning the mandate of transformative constitutionalism. This study presents a review of relevant literature in order to establish links between the theoretical concepts underpinning this thesis. It examines the legal and policy framework on "developmental" local government in South Africa and analyses the central legal framework for the realisation of socio-economic rights at the local government level. In addition, the study explores the relevance and potential of local government indigent policies and Integrated Development Plans (IDPs) - as legally prescribed governance instruments - in contributing towards a more just society by examining their underlying legal and policy framework. It further distils from the theories and perspectives of social justice, benchmarks to guide local government towards achieving the transformative constitutional mandate aimed at social justice. Based on the legal, policy and other gaps identified, recommendations are made on how to optimise the potential of IDPs and municipal indigent policies in contributing towards achieving social justice. / PhD (Law), North-West University, Potchefstroom Campus, 2014

After facing the economic recession, the South–African and global business sectors started revaluating their human capital and the positions they represent within an organisation. Each individual now had to prove that they contributed towards the organisation’s bottom line, as each and every cent had to be counted and accounted for. Some functions within organisations could easily prove their contribution towards the bottom line by providing production or sales outputs. The public relations practitioners and the corporate communication efforts they offered, however, faced a bleak future, as their contribution towards the tangible assets was very rarely recognised (Kim, 2000:276). The financial services sector however, in which an advisor’s contribution towards the organisational bottom line is easily quantified, started to acknowledge the need for this sector to improve upon its ‘softer’ intangible assets such as client communication and client relationships. The sector believes that communication establishes relationships, and sound client relationships is the only way to sell financial products and services, as people seldom entrust their life earnings or financial dreams to strangers (Christiansen & DeVaney, 1998:7). Public relations practitioners know how to use communication optimally in the quest for building client relationships, and financial services need those skills in order to sell their products and contribute towards the bottom line. These two functions could thus work together towards the achievement of their goals - public relations to prove their bottom line contribution, and the financial services sector towards improving client relationships. These statements led to the general Research Question of this study: “What is the nature of the relationship between (i) corporate communication efforts, (ii) client communication satisfaction and (iii) client relationship satisfaction, and these concepts’ relationship to (iv) client economic contribution, within a financial services organisation?” This Research Question is answered from the systems theory as meta–theory with the support of the strategic communication, excellence and relationship management theories, and Futurum Financial Group (FFG) services as the financial services organisation for this study. A qualitative and quantitative research approach was followed to establish the constructs, and the relationships between the constructs. The Financial Advisors and public relations practitioner in FFG have a good understanding of the need for strategic communication efforts, and a relationship between their efforts and the client communication satisfaction and client relationship satisfaction could therefore be indicated. A further relationship between the client communication satisfaction and client relationship satisfaction and the client economic contribution was also established. Recommendations to improve the situation within FFG included a better focus on database administration, corporate communication consistency, Financial Advisor diligence, and providing clients with more frequent updates regarding their financial situation. The greatest strengths were client–advisor trust and corporate communication professionalism. This study thus contributes to the argument that communication efforts add tangibly, by means of client economic contribution, to the organisation’s bottom line, within the financial services industry. The study furthermore provides some recommendations for the financial services industry to improve their communication skills in order to build client relationships. / Thesis (M.A. (Communication Studies))--North-West University, Potchefstroom Campus, 2011.

Section 27(1)(a) of the Constitution of the Republic of South Africa, 1996, entrenches everyone's right of access to health care services. The purpose of this dissertation is to determine the manner in which this right must be interpreted and implemented in order to alleviate poverty to the optimal extent possible, in South Africa. As a point of departure, the relationship between poverty and health, as well as the theoretical basis of poverty, is addressed in terms of soft law. Thereafter, the theoretical basis of the right of access to health care service is analysed and explained from both an international and a South African perspective. This is followed by an investigation into international law. The manner in which the United Nations International Covenant on Economic, Social and Cultural Rights is interpreted and implemented and whether or not this contributes to poverty alleviation, is investigated. This is followed by an analysis of the right in terms of the Constitution and case law. Particular attention is paid to the manner in which the courts interpret the right of access to health care services. It is then determined whether the state is implementing the right in such a manner as to contribute to the optimal alleviation of poverty, in South Africa. Finally, a conclusion is reached and recommendations are made as to ways in which the right can be interpreted and implemented to reduce poverty to the optimal extent possible, in South Africa. / Thesis (LL.M.)--North-West University, Potchefstroom Campus, 2010.

After facing the economic recession, the South–African and global business sectors started revaluating their human capital and the positions they represent within an organisation. Each individual now had to prove that they contributed towards the organisation’s bottom line, as each and every cent had to be counted and accounted for. Some functions within organisations could easily prove their contribution towards the bottom line by providing production or sales outputs. The public relations practitioners and the corporate communication efforts they offered, however, faced a bleak future, as their contribution towards the tangible assets was very rarely recognised (Kim, 2000:276). The financial services sector however, in which an advisor’s contribution towards the organisational bottom line is easily quantified, started to acknowledge the need for this sector to improve upon its ‘softer’ intangible assets such as client communication and client relationships. The sector believes that communication establishes relationships, and sound client relationships is the only way to sell financial products and services, as people seldom entrust their life earnings or financial dreams to strangers (Christiansen & DeVaney, 1998:7). Public relations practitioners know how to use communication optimally in the quest for building client relationships, and financial services need those skills in order to sell their products and contribute towards the bottom line. These two functions could thus work together towards the achievement of their goals - public relations to prove their bottom line contribution, and the financial services sector towards improving client relationships. These statements led to the general Research Question of this study: “What is the nature of the relationship between (i) corporate communication efforts, (ii) client communication satisfaction and (iii) client relationship satisfaction, and these concepts’ relationship to (iv) client economic contribution, within a financial services organisation?” This Research Question is answered from the systems theory as meta–theory with the support of the strategic communication, excellence and relationship management theories, and Futurum Financial Group (FFG) services as the financial services organisation for this study. A qualitative and quantitative research approach was followed to establish the constructs, and the relationships between the constructs. The Financial Advisors and public relations practitioner in FFG have a good understanding of the need for strategic communication efforts, and a relationship between their efforts and the client communication satisfaction and client relationship satisfaction could therefore be indicated. A further relationship between the client communication satisfaction and client relationship satisfaction and the client economic contribution was also established. Recommendations to improve the situation within FFG included a better focus on database administration, corporate communication consistency, Financial Advisor diligence, and providing clients with more frequent updates regarding their financial situation. The greatest strengths were client–advisor trust and corporate communication professionalism. This study thus contributes to the argument that communication efforts add tangibly, by means of client economic contribution, to the organisation’s bottom line, within the financial services industry. The study furthermore provides some recommendations for the financial services industry to improve their communication skills in order to build client relationships. / Thesis (M.A. (Communication Studies))--North-West University, Potchefstroom Campus, 2011.

Section 27(1)(a) of the Constitution of the Republic of South Africa, 1996, entrenches everyone's right of access to health care services. The purpose of this dissertation is to determine the manner in which this right must be interpreted and implemented in order to alleviate poverty to the optimal extent possible, in South Africa. As a point of departure, the relationship between poverty and health, as well as the theoretical basis of poverty, is addressed in terms of soft law. Thereafter, the theoretical basis of the right of access to health care service is analysed and explained from both an international and a South African perspective. This is followed by an investigation into international law. The manner in which the United Nations International Covenant on Economic, Social and Cultural Rights is interpreted and implemented and whether or not this contributes to poverty alleviation, is investigated. This is followed by an analysis of the right in terms of the Constitution and case law. Particular attention is paid to the manner in which the courts interpret the right of access to health care services. It is then determined whether the state is implementing the right in such a manner as to contribute to the optimal alleviation of poverty, in South Africa. Finally, a conclusion is reached and recommendations are made as to ways in which the right can be interpreted and implemented to reduce poverty to the optimal extent possible, in South Africa. / Thesis (LL.M.)--North-West University, Potchefstroom Campus, 2010.

Text in Afrikaans / Die Nimsiede het gedurende die laat 9de en vroeë 8ste eeue oor Israel geregeer. Psalm 15 is waarskynlik gedurende die 8ste eeu, tydens die regering van koning Jerobeam II geskryf. ’n Mondelinge tradisie het in die tyd van die Omriede ontstaan en is gedurende die Nimsiede-periode voortgesit . Psalm 15 reflekteer iets van die sosio-ekonomiese konteks van hierdie tydperk. ’n Analise word gedoen om ’n moontlike verbinding met die regering van die Nimsiede te bevestig. ’n Analise word ook gedoen van die emosies wat in die psalm uitdrukking vind. / Old Testament and Ancient Near Eastern Studies / M. Th. (Old Testament)

Text in Afrikaans / The broad focus of the thesis is an analysis of the meaning and the modern development of the doctrine of the separation of power (trias politica) and the application thereof in the constitutional development in South Africa. The first chapter outlines the historical restrictions that were placed on governmental authority by the trias politica doctrine. In the following chapter the application of the trias politica doctrine in different governmental systems (parliamentary, presidential and semipresidential) are analysed. In the third chapter an analysis is made of the constitutions of the former Boer republics, chronologically followed by an analysis of the 1909, 1961 and 1983 Constitutions, to establish to which extent the trias politica doctrine was incorporated in the respective constitutions. In the subsequent chapters, the focus shifts to the constitutions in the post democratic era, namely the 1993 interim Constitution and the 1996 (final) Constitution. It is evident that the new supreme Constitution and an independent judiciary yielded to a stronger adherence to the separation of power principle. It is also evident that the retainment of the parliamentary system, with a fused legislature and executive authority, inhibited a stronger separation of power. The inclusion of sosioeconomic rights in the Constitution resulted in a more direct involvement in governmental policy. However, the Constitutional Court managed to maintain a fine balance between reviewing policy and the formulation of policy. In the closing chapter a short summary is provided, followed by comments on possible alternatives to the existing system to ensure a stronger separation of powers. / Public, Constitutional and International Law / LL. D. (Constitutional, International and Indigenous Law)

In hierdie proefskrif is die belangrike rol wat inligting tans en toenemend in die samelewing speel ondersoek, om te beklemtoon hoe noodsaaklik dit tans is om `n misdryf wat die wederregtelike en opsetlike verkryging van inligting strafbaar sal reël, te verorden. Die rol wat industriële spioenasie in die verband speel word uitgelig. As gevolg van die bepaalde onliggaamlike aard van inligting kan inligting nie soos liggaamlike eiendom `n persoon ontneem word nie. Inligting word gewoonlik bloot gekopieer en die oorspronklike houer van die inligting behou die inligting hoewel die dader ook die inligting verkry. Die gemeenregtelike misdaad van diefstal maak dus nie voorsiening vir die diefstal van inligting waar die inligting bloot gekopieer of gedupliseer is nie. Om te bepaal hoe hierdie bepaalde probleem in ander lande se regstelsels aangespreek word en om kennis op te doen oor hoe dit in die Suid-Afrikaanse reg aangespreek behoort te word, is die strafregtelike bepalings en selfs nie-strafregtelike bepalings in lande soos Engeland, Amerika, Kanada en Nederland ondersoek. Ten einde vas te stel welke inligting deur die strafreg beskerm behoort te word, is selfs sekere nie-strafregtelike bepalings van vermelde lande en van die Suid-Afrikaanse reg nagegaan. Insigte is verkry oor welke elemente sodanige inligting aan moet voldoen en `n definisie van beskermwaardige inligting word aanbeveel. Vir hierdie doel is `n nuwe begrip van beskermwaardige inligting geskep. Die redes waarom diefstal van inligting nie in Suid-Afrikaanse en die ander lande se regstelsels nie erken word nie, is bespreek. Die wyse waarop die gemeenregtelike misdaad van diefstal na die diefstal van onliggaamlike geld uitgebrei is, is ondersoek waarna `n aanbeveling gemaak word oor hoe die definisie van diefstal uitgebrei kan word om ook ander onliggaamlike objekte in te sluit. As gevolg van die bepaalde aard van inligting kan die gemeenregtelike definisie van diefstal nie uitgebrei word om inligting as `n objek in te sluit nie en word `n statutêre misdryf van diefstal van inligting voorgestel. / Jurisprudence / LL. D.

Summaries in Afrikaans and English / The aim was to establish factors related to learning motivation and learning attitude of learners in historically coloured schools. An eclectic approach was followed because theoretical views on motivation could not furnish a comprehensive theory. The definition emerging from this approach states that motivation is a process started within a person to create a state of need for satisfaction and happiness that can be reached by instigating and sustaining goal-directed activity. The link between learning and motivation, as well as related factors, was ascertained. Determinants of high and low levels of learning motivation were established. Programmes aimed at higher motivation levels were explored. Empirically it was proven that grade 9 learners in historically coloured schools leaned more towards an extrinsic orientation; grade 12's more intrinsic. An intervention programme is suggested. / Die doel was om vas te stel watter faktore hou verband met die leermotivering en leerhouding van leerders in histories bruin sekondere skole spesifiek. 'n Eklektiese benadering is gevolg omdat die teoretiese beskouings oor leerrnotivering nie 'n bevredigende allesomvattende teorie kon verskaf nie. Die werksdefinisie van motivering is 'n gevolg daarvan en lui as volg: motivering is die proses wat in die persoon aan die gang gesit word om 'n staat van behoefte na tevredenheid en geluk te skep wat bereik kan word deur doelgerigte aktiwiteit aan te stig en aan die gang te hou. Die verband tussen leer en motivering is bepaal asook die faktore wat verband hou met leermotivering. Bepalers van hoe en lae leermotiveringsvlakke is vasgestel en ingrypingsprogramme gemik op verhoogde motivering is ondersoek. Empiries is bewys dat die graad 9-leerders meer geneig is tot ekstrinsieke orienterings rakende leermotivering; graad 12-leerders meer intrinsiek. 'n lngrypingsprogram word voorgestel. / Teacher Education / M. Ed. (met spesialisering in Voorligting)

Text in Afrikaans / Alhoewel die Grondwet van die Republiek van Suid-Afrika die bestaande reg op regsverteenwoordiging uitgebrei het tot sy logiese eindpunt, is daar geen vaste inhoud aan hierdie reg gegee nie en sal die howe die omvang daarvan moet ontwikkel. Hierdie reg kan weens die heersende sosiale en ekonomiese omstandighede nie 'n absolute reg wees nie. Indien 'n beskuldigde nie 'n regsverteenwoordiger kan bekostig nie, sal een op staatsonkoste aan horn verskaf word, maar slegs indien <lit andersins tot wesentlike onreg sal lei. In so 'n geval het die beskuldigde nie die reg op 'n regsverteenwoordiger van sy keuse nie. Effektiewe regsverteenwoordiging word ook nie gewaarborg nie. Daar word derhalwe steeds nie aan die sine qua non van 'n volledige strafregplegingstelsel soos <lit oor tyd in die Verenigde State van Amerika ontwikkel het, <lit is die verskaffing van kostelose regsverteenwoordiging aan elke behoeftige persoon beskuldig van 'n emstige misdaad, voldoen nie / Although the Constitution of the Republic of South Africa has extended the existing right to legal representation to its logical conclusion, no definitive substance has been given to this right and the courts will have to develop the purview thereof. This right cannot be an absolute right because of ruling social and economic circumstances. Should an accused not be able to afford a legal representative, one will be supplied to him at state expense, but only if substantial injustice would otherwise result. In such an event the accused is not entitled to a legal representative of his choice. Effective legal representation is also not guaranteed. There is therefore still not compliance with the sine qua non of a comprehensive criminal justice system as has developed over time in the United States of America, that is the provision of free legal representation to every indigent person accused of a serious crime / Criminal and Procedural Law / LL.M. (Straf en Prosesreg)