Text in Afrikaans, abstract in Afrikaans and English / Hierdie studie handel oor die ontwikkeling van die "clean break"-beginsel met verwysing na die posisie daarvan in vergelykbare regstelsels. Dit toon aan hoedat maatskaplike omstandighede die samelewing se siening van die huwelik be"invloed het. Die hedendaagse samelewing is ten gunste van 'n "clean break" na egskeiding, sonder 'n voortdurende onderhoudsverpligting. Hierdie neiging beinvloed die finansiele posisie · van gades na egskeiding nadelig. Dit is 'n feit wat ook in regskringe al hoe meer erkenning geniet en daartoe aanleiding gegee het dat voortdurend gedebatteer word oor wyses waarop die finansiele posisie van vroue na egskeiding verbeter kan word. Daar word tot die gevolgtrekking gekom dat die siening van substansiele gelykheid 'n invloed behoort te he op die finansiele posisie van gades na egskeiding. Gesien teen die agtergrond van die fundamentele menseregte handves is 'n bemoeienis van regswee inderdaad geregverdig. / This study traces the development of the "clean break" principle as it has developed in comparable legal systems. It shows that changed socio-economic conditions influenced society's view of marriage. Modern society tends to follow a "clean break" after divorce, with no continuing maintenance obligations. This trend tends to influence the financial position of single parent families after divorce negatively. This fact has been recognised in legal circles and has led to a continuing debate on ways to improve the financial position of women after divorce. My study concludes that substantial equality as seen from a fundamental human rights position point of view, justifies legal involvement with regard to the financial position of spouses after divorce. / Private Law / LL. M.

Text in Afrikaans, abstract in Afrikaans and English / Hierdie studie handel oor die ontwikkeling van die "clean break"-beginsel met verwysing na die posisie daarvan in vergelykbare regstelsels. Dit toon aan hoedat maatskaplike omstandighede die samelewing se siening van die huwelik be"invloed het. Die hedendaagse samelewing is ten gunste van 'n "clean break" na egskeiding, sonder 'n voortdurende onderhoudsverpligting. Hierdie neiging beinvloed die finansiele posisie · van gades na egskeiding nadelig. Dit is 'n feit wat ook in regskringe al hoe meer erkenning geniet en daartoe aanleiding gegee het dat voortdurend gedebatteer word oor wyses waarop die finansiele posisie van vroue na egskeiding verbeter kan word. Daar word tot die gevolgtrekking gekom dat die siening van substansiele gelykheid 'n invloed behoort te he op die finansiele posisie van gades na egskeiding. Gesien teen die agtergrond van die fundamentele menseregte handves is 'n bemoeienis van regswee inderdaad geregverdig. / This study traces the development of the "clean break" principle as it has developed in comparable legal systems. It shows that changed socio-economic conditions influenced society's view of marriage. Modern society tends to follow a "clean break" after divorce, with no continuing maintenance obligations. This trend tends to influence the financial position of single parent families after divorce negatively. This fact has been recognised in legal circles and has led to a continuing debate on ways to improve the financial position of women after divorce. My study concludes that substantial equality as seen from a fundamental human rights position point of view, justifies legal involvement with regard to the financial position of spouses after divorce. / Private Law / LL. M.

In education a new dimension started after the 1994 elections by implementing new legislation to ensure fair conduct towards all. New labour legislation was promulgated to contribute to fairness in South Africa. This legislation was also implemented in the South African education system to ensure that educators are treated fairly. The Employment of Educators Act (EEA), the Labour Relations Act (LBA), the Equity Act and the South African Schools Act (SASA) were promulgated to protect both the rights of the employer and the educator in education. The purpose of this research was to determine the perception of educators in the Oudtshoorn district regarding fairness in the workplace; how educators understand and experience their right to equality in the workplace; what their perception is regarding disciplinary action in the workplace, and to what extent educators have the basic concept and principle of labour law to prevent frustration in the workplace and ineffective service delivery, and to prevent the pursuit of incorrect procedures. It is crucial that the educator knows his or her rights as an employee, and what his or her obligations towards the employer are. This research was done on the basis of the literature study and the analysis of legislation that is applicable to educators. A qualitative enquiry into educators’ perceptions of fairness in the workplace was conducted amongst participants from the Oudtshoorn district, which included schools from different socio-economic and cultural backgrounds. This case study was based on interviews with school managers, educators on post level 1 and with union representatives in the Oudtshoorn district. Questionnaires were structured to obtain the participants’ view and perception on fairness in the workplace and to determine their knowledge regarding the law and their rights in education with regards to labour law. The participants didn’t receive guidance because it could have influenced their answers. The data derived from the participants made it possible to compile certain recommendations and conclusions. From the empirical research it was evident that educators in the Oudtshoorn district had but a vague knowledge of their rights as educators and of legislation. Shortcomings that were apparent from this study were addressed, recommendations were made, and possible future research on related topics was indicated. / MEd (Education Law), North-West University, Potchefstroom Campus, 2014

In education a new dimension started after the 1994 elections by implementing new legislation to ensure fair conduct towards all. New labour legislation was promulgated to contribute to fairness in South Africa. This legislation was also implemented in the South African education system to ensure that educators are treated fairly. The Employment of Educators Act (EEA), the Labour Relations Act (LBA), the Equity Act and the South African Schools Act (SASA) were promulgated to protect both the rights of the employer and the educator in education. The purpose of this research was to determine the perception of educators in the Oudtshoorn district regarding fairness in the workplace; how educators understand and experience their right to equality in the workplace; what their perception is regarding disciplinary action in the workplace, and to what extent educators have the basic concept and principle of labour law to prevent frustration in the workplace and ineffective service delivery, and to prevent the pursuit of incorrect procedures. It is crucial that the educator knows his or her rights as an employee, and what his or her obligations towards the employer are. This research was done on the basis of the literature study and the analysis of legislation that is applicable to educators. A qualitative enquiry into educators’ perceptions of fairness in the workplace was conducted amongst participants from the Oudtshoorn district, which included schools from different socio-economic and cultural backgrounds. This case study was based on interviews with school managers, educators on post level 1 and with union representatives in the Oudtshoorn district. Questionnaires were structured to obtain the participants’ view and perception on fairness in the workplace and to determine their knowledge regarding the law and their rights in education with regards to labour law. The participants didn’t receive guidance because it could have influenced their answers. The data derived from the participants made it possible to compile certain recommendations and conclusions. From the empirical research it was evident that educators in the Oudtshoorn district had but a vague knowledge of their rights as educators and of legislation. Shortcomings that were apparent from this study were addressed, recommendations were made, and possible future research on related topics was indicated. / MEd (Education Law), North-West University, Potchefstroom Campus, 2014

Section 29 of the Constitution of the Republic of South Africa, 1996 states that everyone has the right to basic education. This provision must be interpreted in order to determine whether it refers to a period of education, or a certain standard or quality of education that also includes infrastructure. In this dissertation, the scope of the right to basic education and the state’s obligation with regard to infrastructure, are discussed. The dissertation will point out that the right to basic education should also consider the best interests of the child-standard as well as the right to equality. The Constitution provides that everyone has the right to basic education, which implies that there should be no discrimination against any child. In order to determine the scope of section 29 and the duty of the state accordingly, the provisions of international instruments must also be consider. The Convention on the Rights of the Child, the African Children Charter and specifically the International Covenant on Economic, Social and Cultural Rights refer to the obligations of the state in respect to the provision of basic education and infrastructure. The Schools Act provides for the Minister of Basic Education to prescribe minimum norms and standards relating to school infrastructure. The importance of minimum norms and standards for quality education has been investigated with specific reference to libraries, learning material and water and sanitation facilities. Lastly, the lack of an internal limitation clause and the effect of section 36, the general limitation clause, were considered to evaluate the state’s obligation to provide quality education. / LLM (Comparative Child Law), North-West University, Potchefstroom Campus, 2014

Section 29 of the Constitution of the Republic of South Africa, 1996 states that everyone has the right to basic education. This provision must be interpreted in order to determine whether it refers to a period of education, or a certain standard or quality of education that also includes infrastructure. In this dissertation, the scope of the right to basic education and the state’s obligation with regard to infrastructure, are discussed. The dissertation will point out that the right to basic education should also consider the best interests of the child-standard as well as the right to equality. The Constitution provides that everyone has the right to basic education, which implies that there should be no discrimination against any child. In order to determine the scope of section 29 and the duty of the state accordingly, the provisions of international instruments must also be consider. The Convention on the Rights of the Child, the African Children Charter and specifically the International Covenant on Economic, Social and Cultural Rights refer to the obligations of the state in respect to the provision of basic education and infrastructure. The Schools Act provides for the Minister of Basic Education to prescribe minimum norms and standards relating to school infrastructure. The importance of minimum norms and standards for quality education has been investigated with specific reference to libraries, learning material and water and sanitation facilities. Lastly, the lack of an internal limitation clause and the effect of section 36, the general limitation clause, were considered to evaluate the state’s obligation to provide quality education. / LLM (Comparative Child Law), North-West University, Potchefstroom Campus, 2014

Section 29(1) of the Constitution of the Republic of South Africa, 1996 states that everyone has the right to basic education. ―Everyone‖ includes disabled learners. The purpose of this study is to determine to what extent the state complies with its constitutional and international obligations to realise disabled learners‘ right to basic education. To reach the purpose firstly it has to be ascertained which legislation apply to disabled learners (whether direct or indirect) and how this legislation define disability (Chapter 2). Secondly the relevant constitutional sections have to be investigated. Sections 9, 28, 29 and 36 of the Constitution will be examined in particular. The purpose of the investigation of the constitutional sections is to determine what basic education entails and if there is a uniform definition thereof. Paired with the right to education, the meaning of inclusive education has to be determined and to what extent the state realises this (Chapter 3). A further purpose with the investigation of the constitutional provisions is to determine whether there is an infringement of disabled learners‘ right to equality and whether the possible infringements of the right to education and equality can be justified by the state (Chapter 4). Thirdly, the state‘s international obligations with regard to disabled learners‘ right to education and equality has to be investigated (Chapter 5) before reaching a conclusion as to what extent the state complies with its constitutional and international obligations to realize disabled children‘s right to basic education (Chapter 6). Disabled children‘s need for basic education has led to the research question. quality, process quality, manufacturing process flow, principles of quality, factor analysis, multiple regression. / Thesis (LLM)--North-West University, Potchefstroom Campus, 2013.

Section 29(1) of the Constitution of the Republic of South Africa, 1996 states that everyone has the right to basic education. ―Everyone‖ includes disabled learners. The purpose of this study is to determine to what extent the state complies with its constitutional and international obligations to realise disabled learners‘ right to basic education. To reach the purpose firstly it has to be ascertained which legislation apply to disabled learners (whether direct or indirect) and how this legislation define disability (Chapter 2). Secondly the relevant constitutional sections have to be investigated. Sections 9, 28, 29 and 36 of the Constitution will be examined in particular. The purpose of the investigation of the constitutional sections is to determine what basic education entails and if there is a uniform definition thereof. Paired with the right to education, the meaning of inclusive education has to be determined and to what extent the state realises this (Chapter 3). A further purpose with the investigation of the constitutional provisions is to determine whether there is an infringement of disabled learners‘ right to equality and whether the possible infringements of the right to education and equality can be justified by the state (Chapter 4). Thirdly, the state‘s international obligations with regard to disabled learners‘ right to education and equality has to be investigated (Chapter 5) before reaching a conclusion as to what extent the state complies with its constitutional and international obligations to realize disabled children‘s right to basic education (Chapter 6). Disabled children‘s need for basic education has led to the research question. quality, process quality, manufacturing process flow, principles of quality, factor analysis, multiple regression. / Thesis (LLM)--North-West University, Potchefstroom Campus, 2013.

Abstracts in English, Afrikaans and Xhosa / This research aimed at investigating the challenges white teachers face in the socialisation of diverse learners in a former Model C school in the northern suburbs of Cape Town. The research involved a literature review conceptualising democracy, human rights, diversity, equality and socialisation, in addition to the concepts of white fragility and the theoretical perspective of Bourdieu’s ‘habitus’. The empirical investigation consisted of interviews to gather data. The findings revealed the perspectives of the teachers and their understanding of the socialisation of diverse learners in a democracy. Based on these findings, recommendations were made for the school and the Department of Basic Education to develop a system to incorporate in schools, in order to enhance socialisation and the transformation of former Model C schools. As the title states, this study was focused on the challenges white teachers experience relating to the transition to democracy. The context of a former Model C school is a complex scenario, where the values and norms of a dominant culture have formed, and continue to form, a critical part of the school climate and culture. The research findings revealed that since the transformation process started in 1994, ‘ex-Model C’ schools have assumed different characteristics and encountered challenges depending on their demographical location. Teachers need to address both social and educational aims, especially as the findings suggest that the schools, and particularly the teachers, are unclear about how diversity contributes to norms and values. This reflects in the tendency to remain focused on a dominant white culture, with which the teachers identify as ‘normal’. / Hierdie navorsing het ten doel gehad om die uitdagings wat wit onderwysers ten opsigte van die sosialisering van diverse leerders in ʼn gewese model C-skool in die noordelike voorstede van Kaapstad trotseer, te ondersoek. Die navorsing het ʼn literatuuroorsig behels waarvolgens demokrasie, menseregte, diversiteit, gelykheid en sosialisering gekonseptualiseer word, benewens die konsepte van wit broosheid en die teoretiese perspektief van Bourdieu se “habitus”. Die empiriese ondersoek het bestaan uit onderhoude om data in te samel. Die bevindinge het onderwysers se perspektiewe en hul begrip van die sosialisering van diverse leerders in ʼn demokrasie onthul. Op grond van hierdie bevindinge is aanbevelings gedoen vir die skool en die Departement van Basiese Onderwys rakende die ontwikkeling van ʼn stelsel om in skole te inkorporeer ten einde sosialisering en die transformasie van gewese model C-skole te bevorder. Soos wat die titel aandui, het hierdie studie gefokus op die uitdagings wat wit onderwysers ervaar ten opsigte van die oorgang na demokrasie. Die konteks van ʼn gewese model C-skool is ʼn komplekse scenario, waar die waardes en norme van ʼn dominante kultuur ʼn noodsaaklike deel van die skoolklimaat en -kultuur gevorm het (en dit is steeds die geval). Die navorsingsbevindinge het getoon dat sedert die transformasieproses in 1994 begin het, “eks-model C”-skole verskillende eienskappe aangeneem het en uitdagings teëgekom het afhangende van hul demografiese ligging. Onderwysers moet sowel sosiale as opvoedingsdoelwitte bereik, veral aangesien die navorsingsresultate daarop dui dat daar onduidelikheid onder die skole, en veral die onderwysers, is oor hoe diversiteit bydra tot norme en waardes. Dit blyk uit die neiging om gefokus te bly op ʼn dominante wit kultuur waarmee die onderwysers identifiseer as “normaal”. / Olu phando lujolise ekuphandeni imingeni ejongene nootitshala abamhlophe ekuhlanganiseni ngokwezentlalo abafundi beentlanga ezahlukeneyo kwisikolo esasifudula siyiModel C kumahlomela edolophu asemantla esixeko saseKapa. Uphando lwenza uphononongo loluncwadi oluchaza ngedemokhrasi, amalungelo oluntu, ukungafani, ulingano noqheliso lwezentlalo, kwakunye nobuthathaka babamhlophe neenkalo zokucinga ngokwethiyori ka Bourdieu ekuthiwa yi’habitus’. Uphando olusekelwe kubungqina baquka iindliwano ndlebe ekuqikeleleni idatha. Okufunyanisiweyo kwadiza iimbono zootitshala nendlela abaluqonda ngayo uqheliso lwezentlalo lwabafundi abangafaniyo kwimeko yedemokhrasi. Okufunyanisiweyo kwakhokelela ekwenziweni kweengcebiso kwisikolo nakweSebe Lemfundo Esisiseko ukuba kuphuhliswe inkqubo yokubandakanya ezikolweni, ngenjongo yokukhulisa uqheliso lwezentlalo nenguqu yezikolo ezazifudula ziziModel C. Njengoko nesihloko sisitsho, esi sifundo sagxininisa kwimingeni ejongene nootitshala kwixesha lenguqu eya kwidemokhrasi. Imeko yesikolo esasifudula siyiModel C yimeko enzima, apho iinqobo zokucinga nezithethe zenkcubeko eyongameleyo zibumbe, kwaye zisaqhuba ukubumba inxalenye emandundu yesimo sentlalo nenkcubeko yesikolo. Okufunyaniswe kuphando kwadiza ukuba okoko kwaqala inkqubo yenguqu ngowe-1994, izikolo ezazifudula ziziiModel C zaba neempawu ezahlukileyo kwaye zajongana nemingeni ngokuxhomekeke kwiindawo ezimi kuzo. Ootitshala badinga ukuhlangabeza iinjongo zentlalo nemfundo, ngakumbi, ngokokutsho kophando, izikolo, ngakumbi ootitshala, bengacacelwanga kukuba ukungafani kuncedisa njani kwiinqobo zokucinga nezithethe. Oku kubonakala kumkhwa wokungagungqi kwinkcubeko yabamhlophe neyongameleyo, le ootitshala bayithatha ngokuba ‘yeyesiqhelo’. / Educational Studies / M. Ed. (Socio-Education)

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.