This study examined, within the South African context, the prevalence of mental retardation in a forensic observation setting, and the impediments of and successes to forensic rehabilitation. The results of the study indicated that a significant amount of forensic observation patients (25.16%) are ultimately diagnosed as being mentally retarded, with 39.24 percent of such offenders being found unfit to plead. Further 32.91 percent of the same sample was found to be not responsible for their actions. A link was also drawn between the mentally retarded offender and violent offenses. The advantages and disadvantages of a current rehabilitative process are discussed in light of alternate community-based forms of rehabilitation that are being implemented in other countries, for example the United States of America, with a view towards investigated their usefulness and adaptability to South African circumstances. The findings of the study have implications for mental health professionals working within forensic settings concerning the future management of mentally retarded offenders, particularly within the rehabilitative process .

The right to have access to health care services is enshrined in section 27 of the South African Constitution of 1996 as one of the socio-economic rights protected by this Constitution. In order to observe the entitlements in this human right, the South African government has since 1994, embarked on legislation, policies and programmes to improve access to health care services among vulnerable and disadvantaged groups in South Africa. As a result of the measures put in place by the government, enormous progress has been registered since their enforcement, in respect of access to health care services. However, as evident in some reports such as the 7th Report on Economic and Social Rights by the South African Human Rights Commission and studies conducted by the Studies in Poverty and Inequality Institute (SPII), it is revealed that the measures adopted by the government to improve access to health care services have not effectively translated the entitlements of this right to the population of South Africa. This study is motivated by the disclosure of these concerns, irrespective of the measures put in place by the government to achieve universal access to health care services. The study therefore aims at stressing the importance of upholding the right to have access to health care services in the social transformation process of South Africa. In doing so, it will investigate current health care reforms in South Africa and make recommendations on how to effectively interpret and implement section 27 of the Constitution to achieve equal benefits on access to health care services to everyone in South Africa. / Jurisprudence / LL. M.

LL.M. (Banking Law) / The charging of interest and the variation thereof throughout the term of a credit agreement has, in a modern South Africa, become the rule rather than the exception. This is so because in a constant evolving economy it will not be viable for large financial institutions to commit themselves to fixed interest rates especially where a credit agreement such as a mortgage agreement may extend over many years. With this comes the question as to the extent of a credit provider’s discretion to vary interest rates and the manner in which it purports to do so. Naturally where the National Credit Act finds application in respect of a credit agreement the provisions thereof relating to interest and the variation thereof will determine whether a clause allowing a credit provider to vary the interest rate unilaterally is valid and enforceable. However in instances where the National Credit Act is not applicable to a certain credit agreement, especially in the case where the consumer is a juristic person, the interest rate levied and the variation thereof will fall to be decided in terms of the common law. The application of the common law in this regard is not without difficulty and there have been many conflicting decisions of our courts in this regard. Whilst the supreme court of appeal has finally decided on the matter of discretionary interest rate clauses it is no doubt that this issue will surface for many years to come. This dissertation explains the comparative positions of interest rate and variable interest rate clauses in terms of the National Credit Act and the common law.

This dissertation deals with the comparative analysis of mental illness as a defence in criminal law. The mental illness / insanity defence is deemed applicable when the accused does not have mens rea or lacks criminal responsibility or is afflicted by the inability to appreciate the wrongfulness of his act and act accordingly, at the time of the commission of the offence due to a pathological disturbance of the mental faculties. A review of the law in South Africa, English Law and United States of America law was done with regard to their approach in connection with the matter. The legal systems of South Africa, English Law and the United States of America were compared and analyzed because English Law and United States of America are developed countries and I decided to compare their approach to insanity defence with reference to South Africa, which is a developing country. Similarities were drawn between South Africa and English Law and this could be attributed to the fact that South African law emanated from English law. This is an important research topic on comparative analysis of mental illness as a defence in criminal law. The law applicable today in South Africa in respect of the defence of mental illness is combined in the provisions of the Criminal Procedure Act 51 of 1977, which replaced the criteria as set out in the M’Naghten rules and the irresistible impulse test. In all the three countries law that were compared the burden of proof has always been on the accused to prove his case on a balance of probabilities but in South Africa the position now is he who alleges must prove because of the legislative amendments. United States of America law allows for the forcible medication with drugs of the mentally ill defendants who are charged with crimes so that they can be fit to stand trial. This is the only country in the ones that were analyzed, which practices such a barbaric and inhuman acts. In the USA , the defendant has the burden of proving the defence of insanity by clear and convincing evidence, and the finding in not guilty by reason of insanity, English law, South African law has the same finding in insanity cases. The most common diagnosis used in support of a defence of insanity continues to be schizophrenia in South Africa and in English law system. In the English law system, the Home Secretary has the power to order defendant to be detained in a hospital on the basis of reports from at least two medical practitioners that the defendant is suffering from mental illness, if the minister is of the opinion that it is in the public interest to do so. In South Africa, the accused will be detained in a psychiatric hospital or a prison pending the decision of a judge in chambers. The detention of those found not guilty by reason of insanity could be challenged under the Human Rights Act in English law because the legal definition of insanity is far wider than the medical concept of mental disorder. The Drs under English Law have to use the legal, not the medical understanding of the mental disorder. The placing of a burden of proof on the defendant may be challengeable under European Convention of Human Rights as contrary to the presumption of innocence that is protected under convention. Finally this is a controversial subject on mental illness but the position in South Africa has been clear for a long time, and I did not come across any deficiencies in our law. I submit that South African law position on mental illness is good.

Thesis (LLM.) -- University of Limpopo, 2017. / The world, more especially countries in Africa are battling with the effects of poverty, unemployment and destitution. South Africa is one African country that succumbed to racial inequality brought about by apartheid wherein black people were denied participation into any form of income generating endeavours that would ensure their sustenance. The South African Government after attaining independence in 1994 put in place policies meant to emancipate and empower the Historically Disadvantaged People (HDP). In line with that approach, the government deemed it fit to empower the South African populace through Co-operatives. This study analyses and critiques the Co-operative Banks Act, 40 of 2007 as the focal instrument regulating financial co-operatives in South Africa and its contribution towards economic growth and poverty reduction. The study further exposes some of the imminent challenges experienced in the field of financial co-operatives as far as registration of such cooperatives is concerned. The Act since its inception has only managed to have only two co-operative banks established and the rest of the Co-operative Financial Institutions (CFI’s) are not registered and are operating under an exemption notice. Therefore, this study brings to light some of the challenges leading to the failure to become co-operative banks, and also delves into the act itself to assess whether its provisions are the reason for this ultimate failure to register financial co-operatives. The challenges experienced by financial co-operatives in South Africa would be addressed by drawing lessons from countries such as Kenya and Canada which have managed to establish a strong and vibrant co-operative industry so as to suggest ways in which they may also improve and graduate to become successful Co-operative Banks.

No abstract available.

Thesis (MTech (Business Administration in Project Management))--Cape Peninsula University of Technology, 2018. / According to Section 26 (1) of the constitution of Republic of South Africa, everyone has a right to have a satisfactory house to restore and honour the dignity of the South Africans. However South African government implemented several housing programmes to bridge the gap of housing backlog in South Africa. One of the housing programmes that South African government implemented is People Housing Process (PHP). It was approved in 1998 by South African government. South African government shifted focus on the quality of houses and mainly focused on the quantity of houses delivered through the financial year. There have been a lot of quality complaints on PHP. The quality defects are signs of foundation failures, cracks on foundations, water flooding around the houses, water not properly channelling to the drain, cracks on walls, dampness of walls, mould on walls, water seeping through the windows, poorly applied external plaster, incorrect bonding of internal walls to external walls, walls that are not straight walls, sagging ceiling panels, gable not properly filled with mortar, roof structure not properly tied up, sagging roof coverings, roof leaks, sagging roof tiles and ridges, rust on painted iron material, poor quality of blocks used, insufficient cement on mortar mix and peeling off paint. National Home Builders Registration Council (NHBRC) are the custodians of the home building industry. They were excluded from PHP from 1998 till March 2012. NHBRC was approved to inspect PHP house in April 2012. Thus, the aim of the study was to compare the houses that were built before NHBRC involvement in PHP with those that were built after NHBRC involvement in PHP. The sample included 50% of each of the two groups (those in houses built without NHBRC involvement and those built with NHBRC involvement), the research involved at least 50 respondents per group (McMillan, et al 2001:177 – recommends 15 respondents per group). The sample size per group has been put at 50 since the larger the sample the higher the accuracy. The study is classified as quantitative research because it intended to quantify the variation in occurrence, situation, problem or issue; the information was gathered using predominantly quantitative variables and the analysis was geared to ascertain the magnitude of the variation. The findings of the study revealed that the quality of the houses that were built under PHP programme before NHBRC intervention on PHP was not up to standard however the quality on those that were built after NHBRC involvement improved. Therefore it is recommended for Western Cape government to implement the rectification programme which was approved by National Department of Human Settlements in 2009 mainly focusing on houses that have been severely structurally compromised and are regarded as unfit for human habitation as it poses a threat to the health and safety of the occupants (The National Housing Code, 2009: 11-13).

No abstract available.

Theses (MTech (Business Information Systems))--Cape Peninsula University of Technology, 2016. / This paper describes the redesigning processes of the National Building Regulations of South Africa. These processes are administered by the National Regulator for Compulsory Specifications (NRCS) in terms of the National Building Regulations and Building Standards Act 103 of 1977 (The Act). The application of the business processes and the Building Control Officers from various local authorities nation-wide who enforce the National Building Regulations and Building Standards Act, 103 of 1977 (hereinafter referred to as “the Act”) with particular reference to implementation of core regulatory business processes within the building industry in Southern Africa. The investigation was largely motivated by the high number of injuries, deaths and/or human lives affected adversely and reported due to collapsing and defective buildings. These disasters occurred at various Local Authorities, in private residential homes, government-owned buildings, abandoned and commercial buildings, such as shopping malls, have been investigated and reported by the Building Regulator, i.e. the NRCS in collaboration with the Department of Labour’s Commission of Enquiry between the years 2012 and 2014. The reports show that in those sectors of building, the local authorities’ Building Control Officers, as the legislated enforcers of the Building Regulations (with the oversight role played by the NRCS), experienced the highest levels of non-compliance by various parties who are affected by the Building Regulations, i.e. building owners or their legal representatives, built-environment professional practitioners and builders. This study applies the interpretive approach underpinned by qualitative methodology where interviews were used to collect data from building owners, prospective building owners, building occupants, built-environment practitioners, Local Authorities’ building control officers and The Regulator of the National Building Regulations. The empirical findings revealed that there is a critical need for business process review and strategy shifts that advance objectivity and benefits to compliance, visibility and awareness of regulatory process, the highlights of possible endangerment of human life due to non-compliance, the outlining of sanctions for failure to comply, and stakeholder liaison. The output is a re-module of business processes that will enforce and maintain compliance of the building regulations of South Africa.

In the contemporary business environment, a plethora of retail literature exists which examine the influence of CSR on the business. However, literature that explores Corporate Social Responsibility (CSR) in the liquor retail sector has been relatively sparse. This study explored CSR in Small to Medium Enterprise (SME) liquor retail outlets in the Buffalo City Metropolitan Municipality, Eastern Cape, South Africa. The objectives of the study were to investigate the engagement of SME liquor retailers in CSR practices, to ascertain whether a relationship exists between providing employee training on responsible retailing of alcohol and CSR practices by SME liquor retailers, to investigate whether employee involvement in decision making influences CSR practices by SME liquor retailers, to ascertain whether a relationship exists between the practical actions to reduce alcohol-related harm and CSR practices by SME liquor retailers, to investigate whether SME liquor retailers do social good as an expression of CSR as well as to determine whether SME liquor retailers are influenced by stakeholders to engage in CSR initiatives. Both primary and secondary data sources were used in this study. A quantitative research design was used in conducting this research. Convenience sampling, a non-probability sampling technique, was used to select a sample of 94 from the sample frame of 123 SME liquor retailers. The survey method, by way of a self-administered questionnaire was used to collect primary data. The statistical Package for Social Sciences (SPSS) as statistical software was used to analyse data. The Chi-square test, Pearson correlation, and descriptive statistics were used to analyse data. The findings of this research revealed that Stakeholder influence, employee involvement in decision making and employee training in responsible retailing of alcohol have an influence on the CSR practices of SME liquor retailers. The study also identified the safety and practical measures that SME liquor retailers are practicing as a way of reducing alcohol related-harm. A recommendation to stakeholders, such as suppliers and government to find more strategies of influencing SME liquor retailers to practice CSR, was made. Lastly, recommendations were made to SME liquor owners and managers on how to improve their CSR practices.