The concept "beneficial use" plays a pivotal role in South African water law reform. It forms the foundation of the mechanism to make water use rights available for the reform of the allocation of water use entitlements. The mechanism involves that water use rights that were unexercised in the two years before the promulgation of the National Water Act 36 of 1998 are not defined as existing lawful water uses. Where the concept "beneficial use" is utilised to cancel unexercised water use rights, it can cause potential hardship. Some people whose rights have been cancelled believe that they should be able to rely on the property clause in section 25 of the Constitution of 1996 to either have the legislation declared unconstitutional or to demand compensation. Section 25 of the Constitution of 1996 prohibits the arbitrary deprivation of property and states that property may only be expropriated for a public purpose or in the public interest, subject to compensation. Section 25(4) states, however, that the public interest includes the nation's commitment to land reform and to reforms to bring about equitable access to all South Africa's natural resources. It is clear from this that reforms to bring about access to water are allowed by the property clause. One of the main questions discussed in this thesis was whether section 32 of the National Water Act 36 of 1998 that made more water available for distribution for reform purposes by cancelling unexercised water user rights, leads to an arbitrary deprivation or an expropriation of property. It should be noted that section 32 of the National Water Act did not constitute an arbitrary deprivation of property, as sufficient reason exists for water law reform. A possible constitutional challenge based on the lack of due process of law because of the retrospective operation of the section may possibly be averted because of the existence of section 33 of the National Water Act. Section 33 of the Act mitigates hardship by allowing unexercised water uses to be declared existing lawful water uses in certain circumstances where a good reason for the non–exercise of the water use right existed. Even in cases where section 33 does not prevent section 32 from being regarded as an arbitrary deprivation of property because there still was not a proper procedure, the government will probably be able to show that the limitation in section 32 is, in terms of section 36(1) of the Constitution of 1996, reasonable and justifiable in an open and democratic society. Despite the fact that section 25(1) prohibits arbitrary deprivations, it does not prohibit the government from regulating competing rights to use water even though some people may be negatively affected by the regulation. Because the Minister merely acts as public trustee of the nation's water resources on behalf of the national government in terms section 3(1) of the National Water Act, it cannot be claimed that the government acquired the cancelled water use rights. A claim that compensation should be paid for an expropriation of property will therefore not succeed. Compensation is only payable in terms of section 22(6) and section 22(7) of the National Water Act 36 of 1998 for a loss of existing water entitlements, such as existing lawful water uses or existing licences. A court should thus consider interpreting section 25 by providing for compensation where an individual was unfairly burdened and was therefore denied the protection of the equality clause in section 9 of the Constitution when his unexercised water use rights were cancelled by section 32. The concept "beneficial use" currently restricts the content of the water use entitlement existing in terms of section 4 of the National Water Act 36 of 1998. The loss of the entitlement when inter alia a licence for an existing lawful water use is refused, is not protected by the payment of compensation when water is used in an unfair or disproportionate manner, because such utilisation would not be regarded to be beneficial use. It became apparent that in terms of the current water law dispensation in South Africa, the possibility of compensation for an amendment of a water use licence and the refusal of a licence for an existing lawful water use implies that a water use entitlement is a right in property. The fact that section 22(7) of the National Water Act states that the amount of the compensation must be determined in accordance with section 25(3) of the Constitution implies that the legislature also recognises that a water use entitlement is constitutional property. Section 22(7) of the National Water Act underlines the basic premises of the National Water Act by subjecting the amount of the compensation that is payable to the same limitations that restrict the entitlement to use the water. The stipulations of section 22(7) draw the attention to the fact that the exercise of both existing lawful water uses and water use licences as rights in property is subject to basic principles of the National Water Act such as the Reserve and the concepts "public trusteeship" and "beneficial use" of the water resources. The fact that compensation is only payable when there has been severe prejudice to the economic viability of an undertaking implies that water use entitlements have to be exercised at the time of the application for the compensation to be payable. The concept "beneficial use" – in the sense that a water use must not be wasteful or polluting and in the sense that only water use entitlements that are being exercised are protected – thus restricts the water use entitlement as a property right. During the research, American and Australian water law reform and their interpretation of their property clauses were compared to water law reform in South Africa and the South African property clause. Furthermore, Australian policy to encourage more beneficial water use by the trade in water entitlements or allocations, was also discussed. South Africans will likely in future be encouraged to trade in water use entitlements or allocations. The objective with allowing the trade in water use entitlements or allocations is to encourage people to rather use water for uses with a high value instead of uses with a lower value. In this way the concept "beneficial use" may be broadened to include water allocation or entitlement trading. However, it was argued that a disproportionate impact on third parties would mean that water allocation or entitlement trading would in some cases not be regarded as beneficial use anymore. / Thesis (LL.D.)--North-West University, Potchefstroom Campus, 2011.

The concept "beneficial use" plays a pivotal role in South African water law reform. It forms the foundation of the mechanism to make water use rights available for the reform of the allocation of water use entitlements. The mechanism involves that water use rights that were unexercised in the two years before the promulgation of the National Water Act 36 of 1998 are not defined as existing lawful water uses. Where the concept "beneficial use" is utilised to cancel unexercised water use rights, it can cause potential hardship. Some people whose rights have been cancelled believe that they should be able to rely on the property clause in section 25 of the Constitution of 1996 to either have the legislation declared unconstitutional or to demand compensation. Section 25 of the Constitution of 1996 prohibits the arbitrary deprivation of property and states that property may only be expropriated for a public purpose or in the public interest, subject to compensation. Section 25(4) states, however, that the public interest includes the nation's commitment to land reform and to reforms to bring about equitable access to all South Africa's natural resources. It is clear from this that reforms to bring about access to water are allowed by the property clause. One of the main questions discussed in this thesis was whether section 32 of the National Water Act 36 of 1998 that made more water available for distribution for reform purposes by cancelling unexercised water user rights, leads to an arbitrary deprivation or an expropriation of property. It should be noted that section 32 of the National Water Act did not constitute an arbitrary deprivation of property, as sufficient reason exists for water law reform. A possible constitutional challenge based on the lack of due process of law because of the retrospective operation of the section may possibly be averted because of the existence of section 33 of the National Water Act. Section 33 of the Act mitigates hardship by allowing unexercised water uses to be declared existing lawful water uses in certain circumstances where a good reason for the non–exercise of the water use right existed. Even in cases where section 33 does not prevent section 32 from being regarded as an arbitrary deprivation of property because there still was not a proper procedure, the government will probably be able to show that the limitation in section 32 is, in terms of section 36(1) of the Constitution of 1996, reasonable and justifiable in an open and democratic society. Despite the fact that section 25(1) prohibits arbitrary deprivations, it does not prohibit the government from regulating competing rights to use water even though some people may be negatively affected by the regulation. Because the Minister merely acts as public trustee of the nation's water resources on behalf of the national government in terms section 3(1) of the National Water Act, it cannot be claimed that the government acquired the cancelled water use rights. A claim that compensation should be paid for an expropriation of property will therefore not succeed. Compensation is only payable in terms of section 22(6) and section 22(7) of the National Water Act 36 of 1998 for a loss of existing water entitlements, such as existing lawful water uses or existing licences. A court should thus consider interpreting section 25 by providing for compensation where an individual was unfairly burdened and was therefore denied the protection of the equality clause in section 9 of the Constitution when his unexercised water use rights were cancelled by section 32. The concept "beneficial use" currently restricts the content of the water use entitlement existing in terms of section 4 of the National Water Act 36 of 1998. The loss of the entitlement when inter alia a licence for an existing lawful water use is refused, is not protected by the payment of compensation when water is used in an unfair or disproportionate manner, because such utilisation would not be regarded to be beneficial use. It became apparent that in terms of the current water law dispensation in South Africa, the possibility of compensation for an amendment of a water use licence and the refusal of a licence for an existing lawful water use implies that a water use entitlement is a right in property. The fact that section 22(7) of the National Water Act states that the amount of the compensation must be determined in accordance with section 25(3) of the Constitution implies that the legislature also recognises that a water use entitlement is constitutional property. Section 22(7) of the National Water Act underlines the basic premises of the National Water Act by subjecting the amount of the compensation that is payable to the same limitations that restrict the entitlement to use the water. The stipulations of section 22(7) draw the attention to the fact that the exercise of both existing lawful water uses and water use licences as rights in property is subject to basic principles of the National Water Act such as the Reserve and the concepts "public trusteeship" and "beneficial use" of the water resources. The fact that compensation is only payable when there has been severe prejudice to the economic viability of an undertaking implies that water use entitlements have to be exercised at the time of the application for the compensation to be payable. The concept "beneficial use" – in the sense that a water use must not be wasteful or polluting and in the sense that only water use entitlements that are being exercised are protected – thus restricts the water use entitlement as a property right. During the research, American and Australian water law reform and their interpretation of their property clauses were compared to water law reform in South Africa and the South African property clause. Furthermore, Australian policy to encourage more beneficial water use by the trade in water entitlements or allocations, was also discussed. South Africans will likely in future be encouraged to trade in water use entitlements or allocations. The objective with allowing the trade in water use entitlements or allocations is to encourage people to rather use water for uses with a high value instead of uses with a lower value. In this way the concept "beneficial use" may be broadened to include water allocation or entitlement trading. However, it was argued that a disproportionate impact on third parties would mean that water allocation or entitlement trading would in some cases not be regarded as beneficial use anymore. / Thesis (LL.D.)--North-West University, Potchefstroom Campus, 2011.

This research project examined the psychometric properties of the adult learner self-directedness scale (ALSDS). The study assessed the construct validity and reliability of the scale as a measure of adult learner self-directedness for diverse groups of adult learners in the South African open, distance and e-learning higher education (ODeLHE) context. The study also assessed whether the factorial structure of the ALSDS was equivalent for adult learners across gender, race and age groups. Furthermore, the study assessed whether the various socio-demographic groups differed significantly on the sub-scale dimensions of the ALSDS; and explored whether a range of socio-biographical factors predicted adult learner self-directedness. This doctoral study has extended the student’s initial exploratory master’s study on the development and factorial structure of the ALSDS that involved a stratified random sample (N = 1 102) of ODeLHE adult learners. The secondary data set involved a random subsample of n = 747 of the original master’s sample data set. Exploratory structural equation modelling (ESEM), exploratory factor analysis (EFA) and confirmatory factor analysis (CFA) revealed a three-factor solution for the ALSDS, with 15 items loading onto the three factors. The results provided evidence of the construct (convergent and discriminant) validity and internal consistency reliability of the three-factor ALSDS, including the construct equivalence of the scale’s factorial structure across the gender, race and age groups. Significant differences between age, race and gender groups were observed regarding the scale sub-dimensions. The study advances theory on adult learner self-directedness in ODeLHE contexts and contributed evidence of the validity and reliability of a shortened version of the ALSDS as a useful measure of adult learner self-directedness. Psychometric shortcomings to be addressed in future research were also directedness. Psychometric shortcomings to be addressed in future research were also highlighted. Practically, the study highlighted assessing adult learners’ success orientation in ODeLHE, active academic activity and strategic utilisation of resources as aspects of enhancing their self-directedness. Support practices should be considered for especially females, black Africans and younger learner cohorts. ODeLHE practices should also consider learners’ mark for English, gender, access to library, number of modules and who students support financially as factors influencing learners’ level of self-directedness. / Abstract/summary in English, Afrikaans and isiZulu / Die navorsingsprojek het die psigometriese eienskappe van die selfgerigtheidskaal vir die volwasse leerder (ALSDS) ondersoek. Die studie het die konstruk-geldigheid en -betroubaarheid van die skaal geassesseer as 'n maatstaf van selfgerigtheid by volwasse leerders vir diverse groepe van volwasse leerders in die Suid-Afrikaanse ope, afstands- en e-leer-hoëronderwyskonteks (ODeLHE). Die studie het ook geassesseer of die fakulteitstruktuur van die ALSDS gelykstaande was vir volwasse leerders oor geslags-, rasse- en ouderdomsgroepe heen. Verder het die studie geassesseer of die verskeie sosiodemografiese groepe beduidend verskil het op die subskaal-dimensies van die ALSDS en ondersoek of 'n reeks sosiobiografiese faktore selfgerigtheid by volwasse leerders voorspel het. Hierdie doktorale studie het uitgebrei op die student se aanvanklike verkennende meesterstudie oor die ontwikkeling en fakulteitstruktuur van die ALSDS wat 'n gestratifiseerde ewekansige steekproef van ODeLHE-volwasse leerders behels het (N = 1 102). Die sekondêre datastel het 'n ewekansige substeekproef behels van n = 747 van die oorspronklike meestersteekproef-datastel. Verkennende strukturele vergelykingsmodellering, verkennende faktorontleding en bekragtigende faktorontleding het 'n driefaktor-oplossing vir die ALSDS onthul, met 15 items wat op die drie faktore gelaai is. Die resultate verskaf bewyse van die konstruk (konvergerende en diskriminerende) geldigheid en interne konsekwentheid en betroubaarheid van die driefaktor-ALSDS, insluitende die konstruk-ekwivalensie van die skaal se fakulteitstruktuur oor die geslags, rasse- en ouderdomsgroepe heen. Beduidende verskille tussen ouderdoms-, rasse- en geslagsgroepe is waargeneem rakende die skaalsubdimensies. Die studie bevorder teorie oor selfgerigtheid by volwasse leerders in ODeLHE-kontekste en dra bewyse van die geldigheid en betroubaarheid van 'n verkorte weergawe van die ALSDS as 'n nuttige maatstaf van selfgerigtheid by volwasse leerders. Psigometriese tekortkomings wat in toekomstige navorsing hanteer kan word, is ook beklemtoon. Prakties gesproke beklemtoon die studie die assessering van volwasse leerders se sukses-oriëntering in ODeLHE, aktiewe akademiese aktiwiteit en strategiese gebruik van hulpbronne as aspekte om hul selfgerigtheid te bevorder. Ondersteuningspraktyke moet oorweeg word vir veral vroue, swart Afrikaners en jonger leerderkohorte. ODeLHE-praktyke moet ook leerders se punt vir Engels, geslag, toegang tot 'n biblioteek, aantal modules en wie studente finansieel ondersteun, oorweeg as faktore wat leerders se vlak van selfgerigtheid beïnvloed. / Le projekthi yocwaningo, ihlola ama-psychometric properties of the adult learner self-directedness scale (ALSDS). Ucwaningo luhlola i-construct validity nokuthembeka kwe-scale njengendlela yokukala i-adult self-directedness kumaqembu ehlukene abafundi abadala kwisimo semfundo evulekile lapho abantu abafunda bekude esibizwa nge-South African open, distance and e-learning higher education (ODeLHE). Ucwaningo lubuye lwahlola nokuthi ngabe isimo ngamaqiniso e-ALSDS siyalingana yini kubafundi abadala kumaqembu obubili, bezinhlanga ezehlukene ngokwebala kanye nabantu beminyaka ehlukene. Kanti futhi okunye, ucwaningo, luhlola ukuthi ngabe amaqembu emikhakha ehlukene ngokwe-sociodemographic ehlukene kakhulu maqondana nama-dimention e-ALSDS acutshungulwayo ukuthi ngabe ama-range emibandela yama-sociodemographic abonelela noma aqagela inqubo ye-adult leaner self-directedness. Lolu cwaningo lweziqu ze-doctoral study lubheke nocwaningo lokuqala lwabafundi be-masters ngentuthuko yesakhiwo se-factoral structure ye-ALSDS ebandakanye amasampuli akhethwe nje ngaphandle kokukhetha noma ukubeka imibandela ethize, okwaziwa nge-stratified random sample ye (N = 1 102) yabafundi abadala be-ODeLHE. Isethi ye-data yesekondari yona ibandakanya i-random subsample of n = 747 yesethi ye-data yabafundi bokuqala be-masters. I-Exploratory structural equation modelling, i-exploratory factor analysis kanye ne-confirmatory factor analysis eziveze izixazululo ezintathu ngama-ALSDS kuma-ayithemu angu 15 afakelwe kuma-factor amathathu. Imiphumela iveza ubufakazi be-construct (i-convergent and discriminant) validity kanye ne-internal consistency reliability yama-factor amathathu e-ALSDS abandakanya i- ix construct equivalence ye-scale's factorial structure, ukunqamuleza kumaqembu ngobulili, izinhlanga ezehlukene ngokwebala kanye neminyaka yobudala ehlukene. Umehluko osemqoka phakathi kweminyaka yobudala, izinhlanga ezehlukene ngokwebala kanye namaqembu eminyaka ehlukene uye wabonakaka maqondana ne-scale sub-dimensions. Ucwaningo luqhubela phambili ithiyori kwizimo zabafundi zokuziqhuba ngokufunda ezibizwa i-adult learner self-directedness kwi-ODeLHE, kanti futhi ithela esivivaneni kwi-reliability ye-version efinyeziwe ye-ALSDS njengesikali esiwusizo kwi-adult learner self-directedness. Okuyizihibe nge-psychometric okufanele kubhekwane nakho ngocwaningo lwangekusasa, kuye kwavezwa kwagqanyiswa. Ngokubonakala ngendlela ebambekayo, ucwaningo lugqamise ukuhlolwa kwempumelelo yabafundi abadala kwi-ODeLHE, umsebenzi omatasatasa we-akhademiki kanye nokusetshenziswa ngendlela yamasu abambekayo kwemithombo njengengxenye yokuthuthukisa i-self-directedness. Izinkambiso zokusekela kumele zibonelelwe, ikakhulukazi kwabesimame, abamnyama bama-Afrika kanye nabafundi abasebasha. Izinkambiso ze-ODeLHE kumele zibonelele namamaki abafundi olimi lwesiNgisi (i-English), ubulili, ukufinyelela emalayibhrari, inani lama-module kanye nokuthi ngabe abafundi bondla obani ngokwezimali njengemibandela enomthelela kwinqubo yokuthi abafundi bakwazi ukuziqhubela phambili ngokwenqubo ye-self-directedness. / Business Management / D.Com. (Business Management)