No abstract available. / Thesis (LL.M.)-University of Durban-Westville, 2003.

M.Ed. / The year 1999 was one of the worst in as many years in terms of the number of disciplinary cases adjudicated over by the Directorate Labour Relations at the Gauteng Department of Education (hereafter referred to as GDE). A total number of 395 disciplinary cases were lodged with the GDE between 1999 and 2000 and these were serious charges such as: fraud, theft, insubordination, corporal punishment, negligence to sexual offences (Annexure A , GDE Internal Memo, 2001 ). This situation is not unique to the Gauteng Province only but is even worse in other provinces, where communities have gone on the rampage accusing some educators of impregnating their children, not providing quality education for their children and mismanagement of school funds. (Sapa. 2002. Natal Witness 23 January 2002, p 1.Thompson K. 2000. The Citizen 7 August 2000, p 9. Shillinger K, 2002. Mail and Guardian. 15 November to 21 November 2002, pp 2-3.) Ms. Patricia Boikanyo, a spokesperson for the North West Education Department reported that about 133 cases were lodged with her department between the period 2000 to 2002. She further indicated that about 34 educators had been expelled in the same period for crimes ranging from murder, attempted murder, assault, selling examination reports, absenteeism, neglecting duties, intimidation and pointing a firearm. She also reported that about 13 educators were expelled for having sexual relationships with learners, and some of these victims were junior primary school learners (Mfoloe M. 2003. Sowetan, 25 March 2003, p 6). The media on the other hand launched a scathing attack on the Department of Education (hereafter referred to as DOE) for not dealing decisively with educators who continuously disregard the law. “Rape is largely a risk-free activity, says an internal government study. And the rape of Angela (not her 1 real name) once again reveals a disturbing pattern of contempt for the victims, complacency in the justice system, and negligence on the part of those responsible for protecting society’s most vulnerable member’s ” (Shillinger, 2002: 2-3.) “Thirteen year old Dudu Khumalo (not her real name) has been failed by the system. Teacher Manalla Msetho (not his real name) has been accused of rape.” (Shillinger, 2002: 2-3.) (Mfoloe, 2003:6). These are some of the stories carried in the media. The DOE on the other hand embarked on a process of amending the E of EA to include a new section 17 acts of misconduct which carried a mandatory sanction of dismissal when found guilty. This was largely as a response to the many concerns raised by not only the media but also all the stakeholders within the education sector. / Prof. T.C. Bisschoff

The research for this thesis was done on a comparative, documentary level, rather than on an empirical one. The issue as to whether or not dagga is physiologically harmful will probably be finally settled by medical and pharmacological study. This thesis does not go into these aspects; instead it attempts to set the development of dagga smoking as a social problem in historical perspective. The research has been done from secondary sources. These include the original works of some of the theorists on deviant behaviour, the reports of government committees of inquiry, as well as commentary on drug abuse in various academic and professional journals and in more popular publications. Special mention must be made of the use of newspaper reports as sources of reference in this study. In evaluating the rapidly- changing problem of drug abuse and social attitudes towards this phenomenon, it is often Press reports that carry the most up-to-date information on current research and changes in social policy. For this reason references to professional journals and other academic sources have in some instances been supplemented by relevant newspaper articles and reports. The validity of this approach is especially evident when dealing with South Africa. For example, the dimensions of the drug problem in the Republic were first revealed in a series of reports in a Johannesburg newspaper, the Rand Daily Mail, which brought home to the public the extent to which the problem of dagga abuse involved the youth of South Africa. These reports contributed directly to the appointment in 1970 of a Committee of Inquiry to investigate the abuse of drugs in this country.

Mercantile Law / LL. M. (Law)

Mercantile Law / LL. M. (Law)

The aim of this study was to critically examined the juvenile justice system with regard to the theory of restorative justice as a better alternative to the punitive system that recognizes the rights of children as human rights is in line with the convention on the rights of the child. This research looked at punishment as a penal option, which the court imposes on a person for committing a crime. By means of a case study with regards to the One Stop Youth Justice Centre in Port Elizabeth, this study argued that the restorative method of dealing with youth offenders is a better alternative in contrast to the punitive system.

This thesis examined the extent to which South Africa has domesticated the international provisions protecting foreign migrant children. The thesis further investigated procedural gaps and makes recommendations in respect of law and procedure to ensure the adequate protection of the rights of undocumented foreign migrant children in South Africa.

The aim of this study is to determine a strategic focus for the implementation of the National Liquor Act 59 of 2003 in South Africa. There are several shortcomings in the implementation of the Act at national and provincial level. Various models in the field of Human Resource Management can assist in creating an effective strategy to achieve National Liquor Authority (NLA), Provincial Liquor Board (PLB) and South Africa Police Service (SAPS) objectives. The researcher applied purposive and snowball sampling to select 21 participants with extensive knowledge of the implementation of national and provincial liquor acts. Semi-structured interviews were conducted to collect data from police and non-police liquor inspectors involved in the implementation of the Act. National and international literature was studied to collect theoretical information. The data was analysed by means of qualitative data packages. The ATLAS.ti software program was used to categorise data according to themes. The study objectives were to understand the strategic focus behind the implementation of national and provincial liquor acts. Furthermore, the roles of liquor inspectors and the procedure according to which the liquor acts were communicated to ensure performance were examined. International best practices in the enforcement of liquor acts were explored, and a strategic model was proposed to supplement shortcomings in the enforcement of these legislations. The findings indicated a gap between the National Liquor Act 59 of 2003 and agencies’ strategic focus, a lack of capacity, and poor communication of the liquor acts. Moreover, a strategic model is suggested to ensure uniform standards for the implementation of the National Liquor Act 59 of 2003. / Maikemišetšo a nyakišišo ye ke go laetša nepišo ya leano la phethagatšo ya Molao wa Bosetšhaba wa Bjala, 59 wa 2003 ka Afrika Borwa. Go ba gona ga ditlhaelelo tše mmalwa phethagatšong ya molao maemong a bosetšhaba le a profense. Dimmotlolo tša go fapana ka lekaleng la Bolaodi bja Methopo ya Batho e ka thuša tlholong ya leano le le botse go fihlelela maikemišetšo a Bolaodi bja Bosetšhaba bja Bjala (NLA), Boto ya Profense ya Bjala (PLB) le Tirelo ya Sephodisa ya Afrika Borwa (SAPS). Banyakišiši ba šomišitše sampole ya nepo le ye e oketšegilego go kgetha bakgathatema ba 21 ba go ba le tsebo ye e nabilego ya phethagatšo ya melao ya bjala ya bosetšhaba le ya profense. Dipoledišano tša sebopego sa seripa di dirilwe go kgoboketša datha ya go tšwa go bahlahlobi ba sephodisa le bao e sego ba sephodisa ba ba akaretšwago phethagatšong ya molao. Dingwalo tša bosetšhaba le tša boditšhabatšhaba di fetlekilwe go kgoboketša tshedimošo ya teori. Datha e sekasekilwe ka go šomiša dipakhetše tša datha tša khwalithethifi. Lenaneo la softewere ya ATLAS.ti le šomišitšwe go aroganya datha go ya ka ditabataba. Maikemišetšo a nyakišišo e be e le go kwešiša nepišo ya leano la phethagatšo ya melao ya bjala ya bosetšhaba le ya profense. Gape, mešomo ya bahlahlobi ba bjala le tshepedišo yeo go ya ka yona melao ya bjala e tsebagaditšwego go kgonthišiša gore mošomo o hlahlobilwe. Mekgwa ye mekaone ya boditšhabatšhaba tiragatšong ya melao ya bjala e utulotšwe, gomme mmotlolo wa leano o šišintšwe go tlaleletša ditlhaelelo tiragatšong ya melao ye. Dikutullo di laeditše sekgoba gare ga Molao wa Bosetšhaba wa Bjala, 59 wa 2003 le nepišo ya leano ya dietšentshi, tlhokego ya bokgoni, le kgokagano ya go fokola ya melao ya bjala. Go feta fao, mmotlolo WA leano o a šišinywa go kgonthišiša ditekanetšo tša go swana tša phethagatšo ya Molao wa Bosetšhaba wa Bjala, 59 wa 2003. / Maikaelelo a thutopatlisiso eno ke go swetsa ka phitlhelelo ya togamaano e e totiwang malebana le go diragadiwa ga Molao wa Bosetšhaba wa Nnotagi wa bo59 wa 2003 mo Aforikaborwa. Go na le makoanyana mo tiragatsong ya Molao kwa magatong a bosetšhaba le a diporofense. Dikao tse di farologaneng mo lephateng la Botsamaisi jwa Badiri di ka thusa go tlhama togamaano e e nonofileng go fitlhelela maitlhomo a Bothati jwa Bosetšhaba jwa Nnotagi (NLA), Boto ya Porofense ya Nnotagi (PLB) le Tirelo ya Sepodisi sa Aforikaborwa. Mmatlisisi o dirisitse tsela ya go tlhopha sampole go ya ka maikaelelo a thutopatlisiso mmogo le go letla ba ba mo patlisisong go ngokela ba bangwe go nna karolo ya sampole go tlhopha bannileseabe ba le 21 ba ba nang le kitso e e tseneletseng ya tiragatso ya melao ya bosetšhaba le ya porofense ya nnotagi. Go dirisitswe dipotsolotso tse di batlileng di rulagana go kokoanya tshedimosetso go tswa kwa sepodising le kwa batlhatlhobing ba e seng ba sepodisi ba nnotagi ba ba nang le seabe mo tiragatsong ya Molao. Go buisitswe dikwalo tsa bosetšhaba le tsa boditšhabatšhaba go kokoanya tshedimosetso ya tiori. Tshedimosetso e ne ya sekasekwa ka tiriso ya dipakana tse di dirisang dipalopalo. Go dirisitswe porokeramo ya serweboleta sa ATLAS.ti go aroganya tshedimosetso go ya ka meono. Maitlhomo a thutopatlisiso e ne e le go tlhaloganya togamaano e e totilweng malebana le tiragatso ya melao ya bosetšhaba le ya porofense ya nnotagi. Mo godimo ga moo, go sekasekilwe seabe sa batlhatlhobi ba nnotagi le ditsamaiso tse go anamisiwang tshedimosetso ka ga melao ya nnotagi ka tsona go netefatsa tiragatso. Go ne ga lebelelwa ditiragatso tse di gaisang tsa boditšhabatšhaba mo tiragatsong ya melao ya nnotagi mme go tshitshintswe sekao sa togamaano go tshegetsa makoa mo tiragatsong ya melao eno. Diphitlhelelo di supile sekgala magareng ga Molao wa Bosetšhaba wa Nnotagi wa bo59 wa 2003 le diphitlhelelo tse di totilweng tsa togamaano tsa ditheo, tlhaelo ya bokgoni le tlhaeletsano e e bokoa malebana le melao ya nnotagi. Gape go tshitshinngwa sekao sa togamaano go netefatsa gore go nna le sekano se se tshwanang sa tiragatso ya Molao wa Bosetšhaba wa Nnotagi wa bo59 wa 2003. / Police Practice / D. Lit. et Phil. (Police Science)

The aim of this study was to document the safeguards inherent in the Mental Health Act (MHA) of 1973, and to examine the extent " to which these are observed in practice. The research was conducted at Lentegeur Hospital in Mitchells Plain, Cape Town. The population consisted of 726 certified patients who were admitted involuntarily (i.e. under sections 9 and 12 of the MHA) from 01 January 1990 to 31 December 1990. Data for each of these patients was collected from the admission register, clinical files, administrative files, and the certified post book. In addition, the official hospital statistics were examined. Measurements obtained included demographic data, the validity of the document contents, the validity of the certification process, and an overall measure of the validity of each of t he certifications taking into account both document contents and observance of the time strictures set out in the MHA. Twenty nine patients (4,0%) were admitted by Urgency (Section 12), and 697 (96,0%) on Reception Order (Section 9). The study focused mainly on the Section 9 patients, because of the small sample size for Urgency admissions. It was found that 609 (87,4%) of the 697 admissions were legally flawed in terms of document contents criteria and the time limits in the certification process. Document content criteria were not fulfilled in: 3,0% of the Applications for Reception Order; 32,1% of Medical Certificates; 20,1% of Reception Orders; and 3,6% of Reports to the Attorney-General. In 40,0% of certifications the Report to the Attorney-General (G2/28) could not be traced. Examination of temporal safeguards revealed that the least satisfactory aspect was the delay in the completion of the post-admission Report to the Attorney-General. It was found that 32,3% of these Reports were not submitted on time. Reasons for the discrepancy ("gap") between legal standards and actual practice are discussed. Recommendations are made which could help minimise or eradicate this "gap". These include suggestions for changes in the document format, for the use of a certification booklet, for stricter control of late and inadequate documentation, and for inservice training of all those involved in the certification process. / Thesis (M.Med.)-University of Natal, Durban, 1993.

The aim of this study was to critically examined the juvenile justice system with regard to the theory of restorative justice as a better alternative to the punitive system that recognizes the rights of children as human rights is in line with the convention on the rights of the child. This research looked at punishment as a penal option, which the court imposes on a person for committing a crime. By means of a case study with regards to the One Stop Youth Justice Centre in Port Elizabeth, this study argued that the restorative method of dealing with youth offenders is a better alternative in contrast to the punitive system.