Public Administration and Management / M. Admin. (Public Administration)

The purpose of this thesis is to develop a comprehensive process for identifying and addressing primarily constitutional, medico-legal and liability issues, and in addition ethical, social and scientific issues related to the psychiatric and psychology professions in South Africa. In fulfilling this purpose, a comprehensive search is conducted of relevant historical, ethical, philosophical and clinical aspects pertaining to psychiatry and psychology, as well as an evaluation of the current juridical framework regarding the legal liability of the psychiatrist and psychologist balanced against the constitutional rights of the mentally disordered patient in South Africa. Recommendations are made for the establishment of any new controls needed to mitigate and prevent the exposure of mentally disordered patients, further attempting to provide specific remedies to adapt the current juridical framework in South Africa. The examination is conducted within the framework of the South African and United Kingdom's legal systems. Focus is placed on aspects of medical law, human rights law (as envisaged in the Bill of Rights in the Constitution of the Republic of South Africa, 1996), criminal law and the law of delict and, to a lesser extent, administrative law and the law of evidence. / Law / LL.D.

There is a rise in premarital and extra-marital sexual relations amongst some modern Zulus. The causes of this rise include the perpetual childhood of women in society and the political and socio-economic setting in South Africa. The results of this rise include teenage pregnancies and sexually transmitted diseases. In Zulu traditional sexual practice the publicity of love affairs curbed sexual promiscuity. Many people were involved in the love affairs of young people. This tradition broke down because of the political, religious and socio-economic changes in South Africa. The Catholic Church teaches that marriage is sacred; it is an institution of God, a sacrament. Therefore premarital and extra-marital sexual relations taint the integrity of marriage. A number of things can be done to alleviate the problem of premarital and extramarital sexual promiscuity. These include: changing the political and socio-economic structures of our country; empowering women; inculturation; and changing the pastoral attitude of the Church towards sexuality. / M.Th. (Theological Ethics)

The therapeutic privilege is a defence in terms of which a doctor may withhold information from a patient if disclosure of such information could harm the patient. This study explores the defence of therapeutic privilege and provides a critical evaluation. A comparative investigation is undertaken, while arguments springing from a variety of disciplines are also incorporated. A number of submissions are made for limiting the ambit of the defence. The main submission is that the therapeutic privilege should comply with all the requirements of the defence of necessity. In addition, it should contain some of the safeguards afforded to the patient by the requirements of the defence of negotiorum gestio so that therapeutic privilege is out of the question if medical treatment is administered against the patient's will, or the doctor has reason to believe (or knows) that the patient will refuse to undergo an intended intervention once properly informed. / Jurisprudence / L.L.M. (Jurisprudence)

Text in English / With the start of democracy in South Africa and the end of the legal Apartheid rule, it became apparent to those who identified the church with the liberation struggle that Christian communities had lost their significance in society today. This feeling, although not popular among theologians, became widely held by those who thought that we had arrived politically. This feeling was also supported by views which felt that democracy was the ultimate human form of governance. In this light, it is conceivable for churches to abandon the struggle because of the irrelevance of agitating a form of government that is affirmed and celebrated globally. Also, it became justified to abandon the struggle, if indeed the struggle was against Apartheid, because the enemy had been defeated. Consequently, this meant a withdrawal from siding with those whose rights were marginalised. Such an abrupt withdrawal from championing the rights of those who are marginalised (especially as displayed by the church during the Apartheid era) also raises many concerns pertaining to the role that the churches ought to be playing in the current democratic dispensation. It is also conceivable that the initiative to struggle against Apartheid was motivated only by the fact that the Apartheid regime was unjust and that it discriminated against certain groups of South African citizens. The attainment of liberation in South Africa has plunged churches into an illusion that democratic states are capable of good governance and that when such a government exists, churches can safely concern themselves with their primary ecclesiastical duties—of preaching the Word of God and administering the sacraments and leave the socio-economic and political affairs to those who are governing. It seems that this view is especially prevalent among the constituency of the church that brought forward a theological confession against the theological legitimacy granted to the Apartheid ideology. To unapologetically declare its association with those on the margins, and to defy Apartheid for the evil that it was, this church brought about the Belhar Confession as proof of its allegiance to those on the margins. This study shall confine itself to the realm of the Christian community. It will look to the historicity of the URCSA precisely because it has been bold enough to pen a confession that chastised Apartheid. / Philosophy & Systematic Theology / D. Th. (Theological ethics)

Transcultural nursing refers to the provision of nursing care to patients whose values, beliefs and life-style differ from those of the nurse. To enable nurses to honour their ethical obligation to provide quality care, they must have the necessary knowledge to nurse patients across cultural boundaries. This study was conducted to determine the nurse's knowledge of and attitudes towards the culturally different patient. A questionnaire was used to collect the data. Although nurses see it as a challenge to nurse patients from different cultures, it was found that they do not have the necessary knowledge to provide culture-sensitive care. Other factors, such as the nurse's attitude towards culturally different patients, communication problems, mistrust, prejudice and a lack of understanding of cultural uses and traditions, contribute to the lack of culture-sensitive care. The nursing profession should pay attention to these problems. / Health Studies / Van Tonder, Sally / M.A. (Nursing)

Summaries in English and Afrikaans / The aim of this thesis is to search for an "ethical" interpretation of equality. Although the current South African approach of "substantive" equality is better than mere "formal" equality, I fear that even substantive equality will again deny or reduce difference. An "ethical" interpretation of equality is a way of interpretation that radically acknowledges difference and otherness. I argue for an ethical interpretation of equality as an alternative to substantive and formal equality. The intersection between public space, equality and justice is essential to such an ethical interpretation. An ethical interpretation of equality requires that present South African visions of public space must be reconstructed and transformed continuously. This means that an ethical interpretation of equality rejects finality and closure in respect of public space. The visions of public space and perspectives of equality that I support are alert to difference and otherness. My understanding of justice is that it is never fully achieved in the present. Justice functions as a future orientated ideal. The "ethical" in an ethical interpretation of equality reflects an awareness of the limits of any present system to encompass equality and justice completely. Visions of public space, perspectives on equality and landscapes of justice (the features of the ethical intersection) form the main sections of the thesis. I discuss the South African Truth and Reconciliation Commission (TRC) as a manifestation of the ethical intersection between public space, equality and justice. The TRC was an outstanding example of reconstruction and transformation of public space. It was a public space where each and every individual was treated equally while concrete contexts, specific circumstances and difference were taken into account. The TRC as event was inspired by the ideal of justice. The value of the TRC as a manifestation of the ethical intersection is the profound effect it may have on our interpretation of equality by demonstrating the limits of the substantive approach. / Die doel van hierdie proefskrif is om ondersoek in te stel na 'n "etiese" interpretasie van gelykheid. Alhoewel die huidige Suid-Afrikaanse benadering van "substantiewe" gelykheid beter is as blote formele gelykheid, vrees ek dat selfs substantiewe gelykheid weereens verskil sal ontken of gering skat. 'n "Etiese" interpretasie van gelykheid is 'n manier van interpretasie wat radikaal kennis neem van verskil en andersheid. Ek argumenteer vir 'n etiese interpretasie van gelykheid as 'n alternatief tot substantiewe en formele gelykheid. Die interseksie tuseen publieke spasie, gelykheid en geregtigheid is noodsaaklik vir so 'n etiese interpretasie. 'n Etiese interpretasie van gelykheid vereis dat huidige Suid-Afrikaanse visies van publieke spasie aanhoudend gerekonstrueer en getransformeer moet word. Dit beteken dat 'n etiese interpretasie van gelykheid finaliteit en geslotenheid met betrekking tot publieke spasie verwerp. Die visies van publieke spasie en perspektiewe op gelykheid wat ek ondersteun is gevoelig vir verskil en andersheid. Ek verstaan geregtigheid as nooit volkome bereikbaar in die teenswoordige nie. Geregtigheid tree op as 'n toekomsgerigte ideaal. Die "etiese" in 'n etiese interpretasie van gelykheid weerspieel 'n bewustheid van die onvermoe van enige teenswoordige sisteem om gelykheid en geregtigheid volledig te omvat. Visies van publieke spasie, perspektiewe op gelykheid en landskappe van geregtigheid (die eienskappe van die etiese interseksie) vorm die hoofafdelings van die proefskrif. Ek bespreek die Suid-Afrikaanse Waarheids-en Versoeningskommissie (WVK) as 'n manifestasie van die etiese interseksie tussen publieke spasie, gelykheid en geregtigheid. Die WVK was 'n uitstaande voorbeeld van die rekonstruksie en transformasie van publieke spasie. Dit was 'n publieke spasie waar elke individu gelyk behandel is terwyl konkrete kontekste, spesifieke omstandighede en verskil in ag geneem is. Die WVK as 'n gebeurtenis is ge'lnspireer deur die ideaal van geregtigheid. Die waarde van die WVK as 'n manifestasie van die etiese interseksie is die diepgaande effek wat dit op ons interpretasie van gelykheid kan he deur die beperkings van die teenswoordige substantiewe benadering uit te wys. / Constitutional, International and Indigenous Law / LL.D.

Social responsibility (SR) is a business management concept that originated in the early 1930s after the Wall Street crash of 1929 exposed corporate irresponsibility in large organizations. Whilst the initial interpretation of SR has been modified and refined since it was first used, the significance of this multidimensional concept for the small and medium enterprise (SME) sector has continued to be overshadowed by its application to large and multinational organizations. The knowledge of social activities in the SME sector, particularly in South Africa, has remained unexplored due to relatively little attention being given until recent years. In cognizance of the above mentioned, this study wishes to expand the body of knowledge in respect of the social responsibility of small businesses. This study presented a qualitative content analysis of annual reports from 2008 to 2012 of companies listed on the JSE ALT exchange to explore small business social responsibility practices using NVIVO to analyze data. Findings from this study support the view that small businesses are not always profit driven and that they are therefore fundamentally distinct from large organizations. South African small businesses are however not yet strategic about SR. Creating and maintaining their reputation as good corporate citizens through relationships with stakeholders is their primary motivation for participating in social activities. The study results show that SR in small businesses is still evolving and that year after year there is an increase in involvement and interest in SR issues. The findings of this study, and confirmation of the new knowledge gained will assist policy makers and practitioners in designing plans and policies that will increase socially responsible behaviour of small businesses and develop a comprehensive theory of SR in small businesses in South Africa. This can potentially enhance inclusive economic growth while simultaneously dealing with the country’s socio economic problems. Future studies can be extended to include other SMEs in South Africa, specifically micro enterprises and comparisons formed by a larger population may demonstrate and explain trends more clearly. The results of this study can also be compared with large companies listed on the JSE and to other African economies. A longitudinal study investigating SMEs’ participation in SR in different economic conditions could test the fact that a change has occurred in the attitudes of small businesses from 2008 to 2012 towards social responsibility / Business Management / D.B.L

Ethics is more than an abstract body of theories, principles and ideas. It is a way of thinking through difficult situations before deciding how to act (Manning & Stroud, 2008). This study takes this conception of ethics into the realm of the business decision and business schools’ responsibility to ensure that their MBA graduates are empowered and comfortable to reason and act ethically in the difficult business situations they will face and decisions they will be expected to take in their career. / Business Management / D. B. L.

This study examines the effects of educators’ professional conduct on learners’ academic performance. The researcher used quantitative research methodology and design. Data was collected in eighty primary schools, mostly in a disadvantaged context, in the Vhembe District in Limpopo Province, South Africa. A researcher-designed questionnaire was administered to eighty primary-school principals who were randomly selected. The research revealed that the implementation of the educators’ code of professional ethics may improve the quality of educators. The achievement of high learner academic performance may be determined by the manner in which principals lead, manage and encourage educators to adhere to the tenets of professional conduct. This research also revealed that although educators are aware of professional conduct, they show unprofessional behaviour such as disrespecting learners, leaving class unsupervised, excessive use of mobile phones during lessons, and excessive absenteeism. Learners who lack effective educator support tend to achieve lower results than expected. Learners whose educators behave professionally achieve good academic performance. / Educational Leadership and Management / M. Ed. (Education Management)