LLM / Department of Public Law / Historically, there were enormous differences and inequalities with regard to service delivery in South Africa. Traceable to the apartheid period, these inequalities included, inter alia, supply of inadequate and safe drinking water for black communities in particular those at rural areas. Yet, water is an essential necessity for human beings, regardless of race, disability and social status. As a legislative measure to redress the injustices of the apartheid regime, the right to have access to sufficient water is entrenched in Section 27(1) (b) of the South African Constitution of 1996. Also, several legal instruments such as the National Water Act of 1998 and the Water Service Act of 1997 were enacted to uphold the human right to water. The Constitution bestowed the responsibility of water supply and management to the national, provincial and the local government. Despite its inadequacy, the South African government is addressing the water needs of the most impoverished communities by guaranteeing each household a free minimum quantity of potable water of 25 litres per person per day or 6 kiloliters per household per month. Any person who needs more will come under privatisation model which key provisions on the existing law favors. About 38.4% of the population of South Africa who reside in rural communities are poor and mostly affected by inadequate water service delivery in that they cannot afford payment for water in excess of the minimum for which no fees is charged. As a concept, affirmative action is generally used in the context of work places to ensure that qualified marginalized groups have equal opportunities to get a job, but it is not yet investigated in the context of water service delivery. This study assessed laws governing water service delivery and explored how affirmative action can be used as an instrument to ensure the delivery of potable water to rural population in South Africa.

MPM / Oliver Tambo Institute of Governance and Policy Studies / Among the rights in the Bill of Rights contained in the South African Constitution is the right to access to adequate housing. This right is bound up with other rights in the Constitution, including the right to have their human dignity respected, and the right to water and health care. The right to adequate housing is also comprised in several international human rights declarations, including the Universal Declaration of Human Rights by the United Nations. However, the right to access to adequate housing involves more than just a shelter, but includes a number of other elements such as security of tenure and access to basic services and facilities. Housing must be affordable and accessible. It must be safe and habitable and be socially acceptable. Furthermore, adequate housing is well located with respect to economic and other opportunities. The provision of housing and basic services has been the focus of the ANC-led government since 1994 and a major portion of municipal resources has been dedicated to providing water and sanitation to mainly the poorest families, while over 1,5 million state-subsidized homes have been delivered. While the scale of delivery has been inspiring, has it really impacted on the lives of people in remote communities? A qualitative research design was utilised in this study as it was considered the most appropriate method to gather data and answer the research questions. In this study, data were gathered using unstructured in-depth interviews and focused group discussions. As part of the major findings, this research has revealed that the municipality does not have a housing provision policy though is building RDP houses with the support of a provincial government in line with the Housing Act. Through the provision of these low cost houses, the municipality has overcome many housing delivery challenges and that it has to date worked as a good governance strategy to attract the poor. Research conducted in the Musina Municipality in the Limpopo Province regarding the realization of the right to access adequate housing reveals that the right to adequate housing has, at best, only been partly realized as part of the major findings. In addition to interviews with office bearers and municipal officials, 120 households were interviewed (of which half were from self-built houses and half were residing in ‘RDP’ houses) concerning their understanding and experience of the right to access to adequate housing in the municipality. The study discloses v that the structures do not meet the criteria for adequate housing and the provision of water and sanitation remains a challenge in some rural areas. Access to health and education facilities is poor, due to the low densities and vast distances between settlements. This research recommends a plethora of good initiatives which could be seen as a way forward towards an improved adequate housing delivery mechanism which is also regulated. A need for mixed use integrated housing delivery through formal settlements is recommended in order to maximize the available financial resources and to also strengthen the intergovernmental relations through multi-stakeholder support. / NRF

Text in English with summaries in English and Afrikaans / Bibliography: leaves 89-108 / Democracy in South Africa came at a price. The apartheid era did not accommodate or incorporate democratic and constitutional principles. The year 1996 saw a democratic Constitution being adopted, having been certified by the Constitutional Court. The Bill of Rights in the Constitution guarantees the rights and freedoms of all South Africans. The apartheid era ensured that the rights which are enjoyed today were reserved for only a portion of the South African population. This study emphasises the importance of the Constitution and the role and responsibility of every citizen to defend it. In defending the Constitution, the rights and freedoms of all South Africans are defended. The Bill of Rights promotes social development for all South Africans, as opposed to disparate social development under the divisive apartheid era. The Constitution is a powerful enabler for democracy and social cohesion and unity. This study depended on secondary sources which are vital to keeping historical facts alive and truthful. Desktop research is qualitative and, while less expensive, produces acceptable results and findings. / Demokrasie in Suid-Afrika het met 'n prys gekom. Die apartheidsera het nie demokratiese en grondwetlike beginsels geakkommodeer of opgeneem nie. In 1996 word 'n demokratiese Grondwet aanvaar, wat deur die Grondwet Hof gesertifiseer was. Die Handves van Menseregte in die Grondwet waarborg die regte en vryhede van alle Suid-Afrikaners. Die apartheidsera het verseker dat die regte wat vandag geniet word, slegs vir 'n gedeelte van die Suid-Afrikaanse bevolking gereserveer is. Hierdie studie beklemtoon die belangrikheid van die Grondwet en die rol en verantwoordelikheid van elke burger om dit te verdedig. Deur die Grondwet te verdedig word die regte en vryhede van alle Suid-Afrikaners verdedig. Die Handves van Menseregte bevorder sosiale ontwikkeling vir alle Suid-Afrikaners, in teenstelling met uiteenlopende sosiale ontwikkeling onder die verdelende apartheidsera. Die Grondwet is 'n kragtige instaatsteller vir demokrasie, sosiale samehorigheid en eenheid. Hierdie studie was afhanklik van sekondêre bronne wat noodsaaklik is om historiese feite lewendig en waaragtig te hou. Desktop-navorsing (boek) is kwalitatief en hoewel dit goedkoper is, lewer dit aanvaarbare resultate en bevindings op. / Development Studies / M.A. (Development Studies)

There are thousands of desperate people globally who need a kidney for transplantation. The number of people who require a kidney transplant continues to escalate faster than the number of kidneys available for a transplant. The aim of this dissertation is to examine and analyse the judicial framework pertaining to kidney transplants in South Africa. The examination is conducted within the framework of the South African Constitution and the National Health Act 61 of 2003. The specific focus of this dissertation is to determine whether the payment of kidney donors could be regarded as constitutionally acceptable. A comparative study is undertaken, with Singapore and Iran as a background against which recommendations for the South African regulatory framework are made. The most important finding is that people should at least be granted the choice whether they would prefer to receive payment for their kidney donations or not. / Jurisprudence / LL.M.

The South African Constitution in section 27(1)(c) obligates the state to develop a comprehensive social security system. It affirms the universal right to access to social security, including appropriate social assistance for those unable to support themselves and their dependants. It orders the state to take reasonable legislative and other measures, within its available resources, to achieve the progressive realisation of these rights. The underlying normative commitment of social security is the improvement of the quality of life of the population by promoting economic or material equality. Social security ensures that all citizens have a stake in society and that each individual has an incentive to contribute to the development of the commonwealth. It plays a crucial role in the lives of communities and families viewed in the context of social transfers which provide broader development objectives and tackles income poverty transfers. The objectives of this study are threefold. Firstly, it examines the extension of social assistance coverage to the indigents in South Africa. Secondly, it looks at the legal mechanisms employed by courts and government in order to improve the social security rights of the poor in South Africa. Thirdly, the research investigates the possible reform and trends in India and Brazil with the aim of improving South Africa’s system of social security. For the avoidance of doubt, the law evaluated in this work is at 15 September 2015. / Jurisprudence / LL. D.

Since 2012 more than 295 676 migrants have arrived in South Africa. Somalis form one of the most visible migrant minorities in the country. Since various studies have been conducted into the mistreatment of migrants and its psychological effects, this study aimed to investigate the reasons that led to the resilience of the Somali community residing in Fordsburg/Mayfair, Johannesburg despite the challenges they encountered. The sample for the study was selected using the purposive sampling technique. Data were collected through the use of face-to-face semi-structured interviews and subsequently analysed following Colaizzi’s (1978) descriptive phenomenological method of data analysis. The findings of the study show that the participants experienced several challenges en route to South Africa and once they reached the country. Their resilience can be attributed to reasons such as individual determination to achieve change, the Somali communal culture, religion and spirituality, the family spirit, gender role adaptation and hard work. / Psychology / M.A. (Research Consultation)

There are thousands of desperate people globally who need a kidney for transplantation. The number of people who require a kidney transplant continues to escalate faster than the number of kidneys available for a transplant. The aim of this dissertation is to examine and analyse the judicial framework pertaining to kidney transplants in South Africa. The examination is conducted within the framework of the South African Constitution and the National Health Act 61 of 2003. The specific focus of this dissertation is to determine whether the payment of kidney donors could be regarded as constitutionally acceptable. A comparative study is undertaken, with Singapore and Iran as a background against which recommendations for the South African regulatory framework are made. The most important finding is that people should at least be granted the choice whether they would prefer to receive payment for their kidney donations or not. / Jurisprudence / LL.M.

Against the background of evidence that HIV-AIDS has had and continues to have an enormous impact on all South African schools, a need has arisen for HIV -AIDS policies and programmes to be effectively implemented in all schools. In this study, a qualitative methodology was used to evaluate policy implementation in the North West province. Data was gathered by means of field notes, observation and interviews with management and educators. The study found that although principals and educators are knowledgeable about HIV -AIDS, there is a tendency to discriminate against infected educators, particularly in terms of educator workload. This study also revealed that educators fear being accidentally exposed to HIV -AIDS infected blood, despite the guidelines given in the National HIV -AIDS policy and the availability of emergency first aid kits. The key thought emerging from this study is that not all schools are able to deal effectively with HIV -AIDS and that schools urgently need to plan or implement their own policies in this regard. School-based HIV-AIDS policies can only be successful if they take cognisance of local contextual issues and involve the three spheres of influence in the lives of educators and learners, namely, the sphere of the school, the sphere of family life and the sphere of the community. / Sociology / M.A.(Social and Behavioural Studies in HIV-AIDS)

Against the background of evidence that HIV-AIDS has had and continues to have an enormous impact on all South African schools, a need has arisen for HIV -AIDS policies and programmes to be effectively implemented in all schools. In this study, a qualitative methodology was used to evaluate policy implementation in the North West province. Data was gathered by means of field notes, observation and interviews with management and educators. The study found that although principals and educators are knowledgeable about HIV -AIDS, there is a tendency to discriminate against infected educators, particularly in terms of educator workload. This study also revealed that educators fear being accidentally exposed to HIV -AIDS infected blood, despite the guidelines given in the National HIV -AIDS policy and the availability of emergency first aid kits. The key thought emerging from this study is that not all schools are able to deal effectively with HIV -AIDS and that schools urgently need to plan or implement their own policies in this regard. School-based HIV-AIDS policies can only be successful if they take cognisance of local contextual issues and involve the three spheres of influence in the lives of educators and learners, namely, the sphere of the school, the sphere of family life and the sphere of the community. / Sociology / M.A.(Social and Behavioural Studies in HIV-AIDS)

Cancer is regarded as a global disease and one of the leading killer diseases in the world. The reason why cancer is so widespread and often misunderstood stems from multiple factors, namely, the lack of knowledge about cancer, unfair discrimination of persons living with cancer, inadequate or inappropriate treatment provided to patients, the stigma attached to cancer, misdiagnosis and late diagnosis of persons living with cancer, as well as the inadequate provision of screening programs to detect cancer at an early stage. The combination of these issues raises alarming medico-legal problems that merit further attention. The thesis will explore the origin, nature, philosophical and clinical aspects pertaining to cancer, as well as legal issues related to cancer and oncology. The study will conclude with recommendations aimed at mitigating and addressing the shortcomings that exist in the medico-legal framework. The study will also draw on a legal comparison of relevant South African, English and American laws and regulations. Since this thesis entails focussing on medico-legal principles, the study will draw on aspects of medical law, labour law, law of contract, law of delict, constitutional law and criminal law. / Private Law / LL. D.