The thesis analyses the concept ‘fairness’ in consumer contracts regulated by the Consumer Protection Act 68 of 2008, mainly from the perspective of a freedom and fairness orientation. It discusses the evolution of ‘fairness’ as background to a more detailed discussion of the classification of fairness into substantive and procedural fairness. The thesis examines dimensions of fairness, factors which play a role in the determination of fairness, and fairness- oriented approaches in an attempt to formulate a framework for fairness in consumer contracts. The main aspects that should be taken into account to justify a finding of fairness, or to determine whether a contract is fair, are identified. This analysis addresses, too, the extent to which the fairness provisions of the Consumer Protection Act are appropriate (with reference to the law of South Africa, Europe, and England). / Mercantile Law / LL.D.

The dissertation examines the applicability of procedural fairness to actions by members of the South African National Defence Forces (SANDF). The research focuses on and uses the South African Defence Force Union v The Minister of South African National Defence Force (SANDU 2010 judgment) to illustrate how procedural fairness should find application in the SANDF, given the sui generis nature of the defence forces. This judgment presented an opportunity to investigate whether the legislative framework that is available in the SANDF is adequate to protect the right to procedural fairness of the members of the SANDF encapsulated in section 33 of the Constitution, 1996. The dissertation examines the relevant sections of the Defence Act, Military Discipline Supplementary Measures Act, Labour Relations Act (LRA), and the Promotion of Administrative Justice Act (PAJA) read with sections 23 and 33 of the Constitution to determine whether there is a gap that exists in so far as the protection of the right to procedural fairness of members of the defence forces is concerned. It also examines the Military Discipline Code and the rules and regulations of the Defence Forces. The analysis of the SANDU 2010 judgment demonstrates that PAJA could find application in dismissal or employment related disputes within the SANDF. The scenario that is evidenced from the analysis of the defence force legislative framework is that the legislative framework that is available within the SANDF is inadequate to protect and deal with disputes which arise from allegations of infringement of the right to procedural fairness. This scenario is compounded by the fact that the LRA which is the empowering legislation that was promulgated to give effect to the right to section 23 of the Constitution and to deal with dismissal and employment related disputes, does not apply to members of the SANDF. / Public, Constitutional, and International Law / LL. M.

The thesis analyses the concept ‘fairness’ in consumer contracts regulated by the Consumer Protection Act 68 of 2008, mainly from the perspective of a freedom and fairness orientation. It discusses the evolution of ‘fairness’ as background to a more detailed discussion of the classification of fairness into substantive and procedural fairness. The thesis examines dimensions of fairness, factors which play a role in the determination of fairness, and fairness- oriented approaches in an attempt to formulate a framework for fairness in consumer contracts. The main aspects that should be taken into account to justify a finding of fairness, or to determine whether a contract is fair, are identified. This analysis addresses, too, the extent to which the fairness provisions of the Consumer Protection Act are appropriate (with reference to the law of South Africa, Europe, and England). / Mercantile Law / LL.D.

This study focuses on the impact of legal representation in general as well as on CCMA proceedings involving unfair dismissals relating to conduction on capacity. The study also touches on the common law position before the enactment of Labour Relations Act 28 of 1956 and Labour Relations Act 66 of 1995. Rule 25 of CCMA rules which makes provision that legal representation at CCMA arbitration proceedings relating to fairness of dismissal and party has alleged that the reason for dismissal relates to the employees conduct on capacity, the party is not entitled to be represented by a legal practitioner. The dissertation analyses the effect of this provision on the Constitutional rights to legal representations well as rights relating to fair procedure. Refusal of legal representation in certain instances is justified in the right of legislative requirements on obligation placed particularly on the arbitrator legislative measures which, justifies refusal of legal representation at CCMA that cannot be imposed without giving consideration to the Constitution. The study will highlight the South African case on position with regards to legal representation at CCMA. A literature study will be done using current and researched sources such as textbooks, law journals, and legislation, case law, conferences papers and internet sources. Different rights will be weighed up through literature sources. / LLM (Labour Law), North-West University, Potchefstroom Campus, 2015

This study focuses on the impact of legal representation in general as well as on CCMA proceedings involving unfair dismissals relating to conduction on capacity. The study also touches on the common law position before the enactment of Labour Relations Act 28 of 1956 and Labour Relations Act 66 of 1995. Rule 25 of CCMA rules which makes provision that legal representation at CCMA arbitration proceedings relating to fairness of dismissal and party has alleged that the reason for dismissal relates to the employees conduct on capacity, the party is not entitled to be represented by a legal practitioner. The dissertation analyses the effect of this provision on the Constitutional rights to legal representations well as rights relating to fair procedure. Refusal of legal representation in certain instances is justified in the right of legislative requirements on obligation placed particularly on the arbitrator legislative measures which, justifies refusal of legal representation at CCMA that cannot be imposed without giving consideration to the Constitution. The study will highlight the South African case on position with regards to legal representation at CCMA. A literature study will be done using current and researched sources such as textbooks, law journals, and legislation, case law, conferences papers and internet sources. Different rights will be weighed up through literature sources. / LLM (Labour Law), North-West University, Potchefstroom Campus, 2015

The aim of this study was to determine employees' perceptions of the fairness of employment equity practices. It was conducted in an organisation in the Health Services industry, using a Diversity Questionnaire. The sample size was 520 and 245 responses were received, constituting a 47% response rate. Employees' responses were measured along 10 dimensions of employment equity. The unit of analysis was the group according to gender, race, age and job level. Independent t-tests and analysis of variance techniques were used to determine any statistically significant differences in perceptions between groups. Statistically significant differences were found between race groups and job levels. Gender and age did not significantly affect employees' responses. The research concluded that compliance with organisational justice requirements is as important as compliance with legislative requirements. Ultimately, every organisation should adapt its employment equity strategy according to its specific demographic and environmental context. / Industrial and Organisational Psychology / M. Admin.

It was perceived that an imbalance exists between resource allocations for health care within the Ekurhuleni Health District (EHD). This study consequently used a retrospective, quantitative methodology to investigate health equity in the EHD and to collect information on clinic buildings, staffing and budget allocations. Although clinics were oversupplied in terms of the norms set by the National Department of Health, they were found not to be in keeping with population growth in the Ekurhuleni district. The study highlighted an inequitable spread of nursing staff, which would require that nursing personnel be re-deployed. The per capita spending in the different service delivery regions was also found to be inequitable. It was subsequently recommended that spending on clinics be revised (especially in the populous Southern SDR), that staff be reallocated and that budget allocations be reviewed to achieve equity in Ekurhuleni. / Health Studies / Thesis (M.A. (Public Health))

Summaries in Afrikaans and English / Text in Afrikaans / In the recent decision in Kellerman v South African Transport Services 1993 4 SA 872 (C) a claim for the loss of the use of a thing not utilised in the production of income was apparently allowed for the first time in South African law. A number of strict requirements were however set for such a claim. For a considerable time a claim has been recognised in English and German law even where a substitute was not hired and where the article was used for pleasure purposes. It is submitted that this should also be the position in South African law because the loss of the use of a thing per se has an independent value. It is further submitted that the interest on capital value method (as per English law) can be used as starting-point in the determination of quantum. A degree of flexibility is necessary to ensure fairness and equity. / In die onlangse beslissing in Kellerman v South African Transport Services 1993 4 SA 872 (K) is daar klaarblyklik die eerste maal in die Suid-Afrikaanse reg 'n eis om skadevergoeding weens gebruiksverlies van 'n saak wat nie in die produksie van inkomste gebruik is nie erken. Die hof stel egter 'n aantal streng vereistes vir so 'n eis. 'n Eis word al 'n geruime tyd in die Engelse en Duitse reg erken selfs waar 'n substituut nie gehuur is nie en waar sake bloot vir plesierdoeleindes gebruik is. Daar word submitteer dat dit ook die posisie in die Suid-Afrikaanse reg behoort te wees aangesien gebruiksverlies opsigself 'n selfstandige waarde het. Dit word verder aangevoer dat die rente-op-kapitaalwaarde-metode (soos in die Engelse reg) gebruik kan word as 'n uitgangspunt by kwantumbepaling. Ter wille van redelikheid en billikheid behoort die maatstaf 'n mate van buigsaamheid te he. / Private Law / LL. M.

This study is within the field of Industrial and Organisational Psychology. It focuses on the relationship between diversity management and organisational climate dimensions. The literature review indicates that most of the research conducted on these two concepts, diversity management and organisational climate investigated the concept diversity, not diversity management (Cox, 1993; Hicks-Clarke & Hies, 2003). This study specifically explores diversity management in a retail organisation. The empirical component of the study includes confirmatory factor analysis, reliability analysis and a correlational study investigating the relationship between diversity management and organisational climate. It was found that there is a positive and strong relationship between diversity management and organisational climate. Diversity management seems to correlate highly with the following climate dimensions: policies and procedures, discrimination, gender issues, equality in conditions of employment and employment equity. The results indicate that younger employees have more positive views regarding diversity management, and middle aged employees have less positive views regarding diversity management. / Industrial and Organisational Psychology / M. Admin (Industrial and Organisational Psychology)

Syfte: Pay-What-You-Want (PWYW) är en kundstyrd prissättningsstrategi, där kunden bestämmer priset. Tidigare forskning visar att antalet kunder ökar vid tillämpning av prisstrategin. Studiens syfte är således att analysera samband och förklara ifall variablerna priskänslighet, rättvisa, riskkänslighet och nyfikenhet påverkar konsumentens attraktion till PWYW. Metod: Studien har ett deduktivt tillvägagångssätt för att analysera litteratur och vetenskapliga artiklar. Teorin har deducerat studiens hypoteser för att undersöka samband och kvantitativ metod har används där empirisk data har samlats in med en webbenkät. Resultatet analyseras i SPSS med en faktoranalys och korrelationsanalys. Detta redovisas genom tabeller och figurer samt diskussion. Resultat & slutsats: Studien visar positiva samband mellan attraktion till PWYW och priskänslighet, rättvisa samt nyfikenhet. Sambandet mellan attraktion till PWYW och riskkänslighet visar dock svag korrelation. Däremot indikerar resultatet att det finns fler variabler att ta hänsyn till. Förslag till fortsatt forskning: Resultatet indikerar att det saknas faktorer som påverkar konsumentens attraktion till PWYW. Det är av intresse att undersöka hur faktorerna kan nyttjas av företag samt om konsumentens attraktion påverkas ifall prisstrategin inte längre anses ovanlig. Uppsatsens bidrag: Studien är först med att studera konsumentens motivationer till PWYW innan köpmomentet. Studien bidrar med variabler som förklarar varför konsumenter attraheras av en kundstyrd prisstrategi. Studien bidrar likaså med kunskap för forskningen kring PWYW.