Thesis (LLM. (Development and Management Law)) -- University of Limpopo, 2021 / South Africa is a country with a past characterised by extreme racial imbalances, and that is the apartheid era. After the apartheid era was dismantled and came crumbling down, South Africa adopted what the courts later described as a ‘transformative constitutionalism’. This was because the country adopted a constitution aimed at striking a balance amongst the lives of the group of citizens who were racially side-lined during the apartheid era. Similarly, the South African government derives its power from the Constitution, thereby defining its democracy through constitutionalism. The Bill of Rights in the Constitution shows the utmost regard and respect that South Africa has for human rights. The inclusion of the right to adequate housing and its underlying provision against eviction and the property right symbolised a significant step that the country was undertaking to engage social justice for all the citizens. Furthermore, the legislature has gone further to enact legislation that gives effect to the protection and realisation of the right to adequate housing. In an attempt to achieve social justice, the adopted Constitution provides the most fundamental socio-economic rights, including the right to housing. This right aims to elevate the most vulnerable citizens in the country who may not afford a decent house or shelter. However, it is apparent that the relief intended by the right to housing is not always readily achieved; most citizens still live in dire housing conditions. Case laws show that citizens in this situation resort to other unofficial means, such as occupying private land illegally to secure better settlement conditions. Coupled with the right to housing is the provision that protects the citizens from being arbitrarily evicted from any shelter they consider as their home. In the backdrop of this, the courts were, however, constantly faced with multitudes of the application calling for eviction orders against people who had illegally occupied properties belonging to other people. The consequence of this situation led to the promulgation of the PIE Act, which aims to protect the rights of both the unlawful occupier and the owner of the occupied property. No right in the Constitution may be exercised, read and interpreted to the obvious detriment of the other rights in the same Constitution. There is a conundrum that the courts and the government have to deal with; regarding the protection of the rights of property owners and unlawful occupiers. In most instances, homeless people were once owners of specific shelters or safely put on the land. Notwithstanding that the government is responsible for providing adequate housing within its reasonable legislative and other measures, issues such as over-population are preceded by homelessness. In other words, the issue of unlawful occupation affects the lawful owners and the entire country as a whole. As a result, the government must have due regard to providing a proper and alternative shelter to unlawful occupiers and homeless citizens to do away with over-population issues and have people occupying non-residential areas. This study will show that legislation can cure all forms of social problems the country encounters. However, that implementation as the life-blood of legislation should be affected by relevant state organs.

The purpose of this thesis is to develop a comprehensive process for identifying and addressing primarily constitutional, medico-legal and liability issues, and in addition ethical, social and scientific issues related to the psychiatric and psychology professions in South Africa. In fulfilling this purpose, a comprehensive search is conducted of relevant historical, ethical, philosophical and clinical aspects pertaining to psychiatry and psychology, as well as an evaluation of the current juridical framework regarding the legal liability of the psychiatrist and psychologist balanced against the constitutional rights of the mentally disordered patient in South Africa. Recommendations are made for the establishment of any new controls needed to mitigate and prevent the exposure of mentally disordered patients, further attempting to provide specific remedies to adapt the current juridical framework in South Africa. The examination is conducted within the framework of the South African and United Kingdom's legal systems. Focus is placed on aspects of medical law, human rights law (as envisaged in the Bill of Rights in the Constitution of the Republic of South Africa, 1996), criminal law and the law of delict and, to a lesser extent, administrative law and the law of evidence. / Law / LL.D.

The purpose of this research was to investigate how members of the Tshwane Metropolitan Police Department (TMPD) perceive crime prevention within the context of metropolitan policing. Based on the social constructionist paradigm, the researcher collected data relating to the crime-prevention phenomenon from all rank groups within the organisation by making use of various focus-group and in-depth interviews. Collected data were transcribed, coded, analysed and arranged into themes, subthemes and categories. This analysis indicated that various opinions as to how the crime-prevention phenomenon applies to a metropolitan police department (MPD) currently exist within the Tshwane Metropolitan Police Department. Various opinions were identified as to why a MPD was created, what the focal point of a MPD should be and what the current focal point of the TMPD is. Participants had different views on how a MPD should participate in functions like road-traffic and by-law policing, and how these functions contribute to crime prevention. Crime prevention proved to be an ambiguous term indeed, as no common understanding of this complicated phenomenon could have been identified amongst participants. It seemed that participants were not familiar with the crime-prevention capabilities of the organisation as they advocated a comprehensive participation in crime-prevention models like situational crime prevention, social crime prevention, crime prevention through environmental design, and crime prevention through effective criminal justice, while the organisation can actually participate in these crime-prevention models only to a very limited extent. The lack of a central philosophy or strategy that describes how the TMPD should conduct its business became evident during the study, and resulted in an organisation with no uniform understanding of crime prevention. Consequently, crime prevention means different things to different members of the TMPD. / Police Practice / M. Tech. (Policing)

This investigation attempts to analyse the applicability of child protection policy and legislation to black families and children in South Africa. The literature study focuses on the nature, scope and implications of child protection and child protection legislation, perspectives on children's and parents' rights, and more specifically on child-care policy and legislation in South Africa. A limited exploratory empirical investigation within the confines of the Child and Family Care Society was undertaken. The researcher had, by way of a case analysis, studied factors influencing the application of child-care legislation ~l:'ld described how legislation is being applied in practice. The application of philosophies and principles inherent in child-care policies, and the evolvement of certain patterns and trends have also been analysed. Specific deficiencies have been identified and recommendations regarding more effective social work practice are highlighted. / Social Work / M.A. (Mental Health)

With the rapid development of the Islamic banking and finance in South Africa, the legal regime of South Africa, must be able to progress at the same rate of development. The recognition of a foreign legal system such as Islamic law in South Africa is challenging and difficult. South Africa, has an interest based insurance legislative framework and this is not aligned with the principles of the Islamic financial system. As a result of this, regulators have taken various measures to develop and promote the Islamic Industry. The amendment to the South African Tax legislation has created an equitable and level playing field for Islamic law. The South African government also has a further obligation which is to develop a legislative framework to govern Islamic law, as well as to enhance the regulatory and supervisory framework. The study of the development of the Islamic legal regime is an important area that aids legal practitioners in identifying and resolving legal disputes. The purpose of this paper is to examine the accommodation of the Islamic law of Takaful under the South African Insurance legal framework. / Public, Constitutional and International Law / LL. M. (Public, Constitutional and International Law)

Irrigation farmers in the Lower Orange (Kakamas and Boegoeberg) and Lower Crocodile rivers (between Nelspruit and Komatipoort) areas in South Africa were surveyed during October 2003 in order to study whether water marketing has promoted efficiency in water use. This study is a follow-up on research undertaken by Armitage (1999) in the Lower Orange River area and Bate et al. (1999) in the Lower Crocodile River area. Factors associated with future investment in irrigation farming were also studied in the Lower Orange River Irrigation Scheme. Econometric procedures used included principal component analysis, and logit and ridge regression. Results from the two areas will be discussed separately. Econometric results for the Lower Orange River farmers indicate that purchasers of water rights produce lucrative export grapes and horticultural crops with relatively less raisin, wine or juice grapes and less field crops; are more specialised in production (table grapes); have more livestock (probably liquidity factor) and have a less negative view of the five-year water license review period. The water market has facilitated a transfer of water use from relatively lower value crops to relatively higher value crops, and also promoted the use of more advanced irrigation technology. An investment model using Ridge Regression indicates that the following variables are associated with increased future investment in irrigation farming; higher expected profitability and lower levels of risk perception and risk aversion (Arrow/Pratt). Results confirm that farmers who are more risk averse are likely to invest less in the future as can be expected from theory. Policies that increase risk in agriculture will have a significant negative effect on future investment in irrigation. What is significant from the results is that irrigation farmers in the Lower Orange River area are highly risk averse (down-side). Results also show that farmers who feel that water licenses are not secure expect to invest less in the future. The latter effect is thus amplified, as farmers appear to be highly risk averse. This has important policy implications, and measures should be taken to improve the perceived security of water licenses. This could be achieved by keeping farmers more informed about the practical implications of the New Water Act (NWA) (Act 36 of1998) and, specifically, water licenses. In the Lower Crocodile River area, almost all the water trades (permanent and rentals) observed in this study were from farmers above the gorge to farmers below the gorge. It is concluded that in the transfer of water some attributes in the purchasing area such as lower production risk (sugar cane) and lower financial risk and better cash flow (bananas and sugar cane) were more important than the expected income per cubic meter of water. Water supply in this area is highly irregular, while sampled farmers were again found to be extremely risk averse especially as far as down-side risk is concerned. The average water price in this area in recent years (2002 to 2003) was between R2000 and R3000 per ha (l ha = 8000 cubic meters). Buyers have large farms and are progressive farmers that purchase (and rent) from many sellers (or lessors). It is concluded that information on water transfers (sale prices and rents) is asymmetrical. Few permanent transfers have taken place in the Crocodile River in recent years. It is concluded that there are reasons why transfers at present are not processed, such as excess demand for water (due to the irregular flow of the Crocodile River, and role players should discuss these reasons and possible solutions before further action is taken. / Thesis (M.Sc.Agric.)- University of KwaZulu-Natal, Pietermaritzburg, 2004.

Text in English, with summaries in English, Xhosa and Zulu / This research was directed towards investigating if the metropolitan police mandate, as it is collectively perceived by senior metropolitan police officials in Gauteng, is constructive and aligned to the notion of a democratic South Africa. Qualitative data was collected from all metropolitan police departments in Gauteng through an extensive series of semi structured interviews. By adopting a phenomenographic research approach, collected data was transcribed, analysed and hierarchically arranged into a variety of qualitatively different but intrinsically related categories of description. From these categories of description, multiple collective understandings relating to democracy in South Africa, democratic policing and the metropolitan police role emerged. Further analysis revealed that the senior metropolitan police managers collectively fosters a significantly limited understanding of democracy, predominantly based on rudimentary and general democratic principles and values. The collective understanding participants held in relation to democratic policing was also significantly rudimentary and limited, as it principally revolved around the notion of police accountability. Again, the absence of an explicit relationship between participants and South Africa’s democracy was notable. Sequentially, it emerged that participants predominantly do not understand or perceive the metropolitan police department or its mandate as is appropriate within the framework of South Africa’s constitutional democracy. The democratic features of a preventative and proactive focus, objective professionalism and individual and situational responsiveness are thus remarkably absent from these departments. Subsequently, the metropolitan police mandate, as it is collectively perceived by senior metropolitan police officials in the Gauteng Province, is neither appropriate nor constructive to a democratic South Africa. / Olu phando lwalujoliswe ekuphandeni ukuba ingaba igunya lamapolisa esixeko, njengoko libonwa njalo ngawo wonke amagosa aphezulu obupolisa besixeko eGauteng, liyakha kwaye lingqamene na nombono woMzantsi Afrika wedemokhrasi. Kwaqokelelwa iinkcukacha zolwazi lomgangatho kuwo wonke amasebe amapolisa esixeko eGauteng, oko kusenziwa ngothotho lodliwano ndlebe olunzulu nolungaqingqwanga ncam. Kwasetyenziswa indlela yophando ejonga iimeko ngobunjalo bazo, iinkcukacha zolwazi ezaqokelelwayo zahlalutywa zacwangciswa ngokwamanqwanqwa olandelelwano, zangamaqela enkcazelo aneempawu ezingafaniyo nangona zizalana. Ukususela kula maqela enkcazelo kwaqondakala iqela lezimvo eziphathelene nedemokhrasi eMzantsi Afrika, ukugcina umthetho ngokwedemokhrasi kwaze kwavela indima yamapolisa esixeko. Uhlalutyo lwaqhuba lwavelisa ukuba abaphathi bamapolisa esixeko ewonke abonakalisa ukungayiqondi kakuhle idemokhrasi, ikakhulu asekeleze iinqobo ezingacolekanga zedemokhrasi. Uluvo lwabo bonke abathathi nxaxheba xa luthelekiswa nokugcina umthetho ngokwedemokhrasi lwafumaniseka ukuba nalo alucolekanga ngaye lulwazana oluncinci, kuba lwalungqonge ingcinga yokuba amapolisa amele izenzo zawo. Ngaphezu koko, kwaqapheleka ukungabikho kobudlelwane phakathi kwabathathi nxaxheba nedemokhrasi yoMzantsi Afrika. Okulandelayo yaba kukuqaphela ukuba abathathi nxaxheba abaliqondi iSebe okanye igunya lamapolisa esixeko njengoko libekiwe kwisakhelo sedemokhrasi yoMgaqo Siseko yoMzantsi Afrika. Azikho kwaphela kula maSebe iimpawu zedemokhrasi zokuthintela nokulungiselela kungekaqhambuki bubi, ukusebenza kakuhle nokuvelela izinto macala onke kwanokukwazi ukusabela kwimeko ethile. Ngoko ke, igunya lamapolisa esixeko, njengoko libonwa njalo ngawo wonke amagosa aphezulu amapolisa esixeko kwiPhondo iGauteng, alifanelekanga kwaye aliwakhi uMzantsi Afrika wedemokhrasi. / Lolu cwaningo lwaluqondiswe ekuhloleni ukuthi isijubo samaphoyisa edolobhakazi, ngendlela esibonwa ngayo yizikhulu zasemaphoyiseni edolobhakazi eGauteng singesakhayo na nokuthi siyahambisana yini nombono weNingizimu Afrika yentando yeningi. Imininingwane yocwaningo emayelana namaqiniso yaqoqwa kuyo yonke iminyango yamaphoyisa edolobhakazi eGauteng ngokusebenzisa uchungechunge olubanzi lwezingxoxo ezihleliwe. Ngokulandela indlela yocwaningo ebheka ukuthi abantu bacabangani noma bayithola injani into ethile, imininingwane eqoqiwe yashicilelwa yaba ngumbhalo, yahlaziywa yabe seyihlelwa ngokulandelana kokukhula kwayo yaba yizinhlobonhlobo zemikhakha yencazelo engamazingahle ahlukahlukene kodwa futhi zibe zihlobene ngokwemvelo. Kule mikhakha yencazelo, kuvele ukuqonda okwahlukene kaningi eqoqweni elilodwa ngokufanayo maqondana nentando yeningi eNingizimu Afrika, ukuqapha okuhambisana nentando yeningi kanye nendima edlalwa ngamaphoyisa edolobhakazi. Olunye uhlaziyo luveze ukuthi izikhulu zasemaphoyiseni edolobhakazi, ngokuhlanganyela, zinokuqonda okunomkhawulo maqondana nentando yeningi, ikakhulukazi kokuphathelene nemigomo nezimiso ezejwayelekile zentando yeningi. Ukuqonda kweqoqo lababambiqhaza ngokuhlanganyela maqondana nokuqapha okuhambisana nentando yeningi nakho kwaba ngokwejwayeleke kakhulu futhi kwaba nomkhawulo, njengoba kwakugxile kakhulu embonweni wokuziphedulela kwamaphoyisa. Kanti okunye, ukungabi khona kobudlelwano obucacile phakathi kwababambiqhaza kanye nentando yeningi yeNingizimu Afrika nakho kwabonakala. Okwalandela lapho kwaba ngukuthi ababambiqhaza abaningi abaqondi kahle kumbe babona umnyango wamaphoyisa edolobhakazi noma isijubo sawo njengefanelekile ngokohlaka lwentando yeningi yeNingizimu Afrika elandela umthethosisekelo. Ngakho-ke, izinto ezihambisana nentando yeningi maqondana nokugxila ekuvimbeleni nasekwenzeni izinto ngaphandle kokutshelwa, ukuqeqesheka kahle ngokubheka wonke amacala kanye nokubhekana nezinto eziqondene nomuntu ngamunye noma nezimo, azitholakali kule minyango. Ngenxa yalokho, isijubo samaphoyisa edolobhakazi, ngendlela esibonwa ngayo yizikhulu zasemaphoyiseni edolobhakazi esifundazweni saseGauteng, singesingafanelekile nesingakhi eNingizimu Afrika yentando yeningi. / Police Practice / D. Lit. et Phil. (Police Science)

The purpose of this thesis is to develop a comprehensive process for identifying and addressing primarily constitutional, medico-legal and liability issues, and in addition ethical, social and scientific issues related to the psychiatric and psychology professions in South Africa. In fulfilling this purpose, a comprehensive search is conducted of relevant historical, ethical, philosophical and clinical aspects pertaining to psychiatry and psychology, as well as an evaluation of the current juridical framework regarding the legal liability of the psychiatrist and psychologist balanced against the constitutional rights of the mentally disordered patient in South Africa. Recommendations are made for the establishment of any new controls needed to mitigate and prevent the exposure of mentally disordered patients, further attempting to provide specific remedies to adapt the current juridical framework in South Africa. The examination is conducted within the framework of the South African and United Kingdom's legal systems. Focus is placed on aspects of medical law, human rights law (as envisaged in the Bill of Rights in the Constitution of the Republic of South Africa, 1996), criminal law and the law of delict and, to a lesser extent, administrative law and the law of evidence. / Law / LL.D.

The purpose of this research was to investigate how members of the Tshwane Metropolitan Police Department (TMPD) perceive crime prevention within the context of metropolitan policing. Based on the social constructionist paradigm, the researcher collected data relating to the crime-prevention phenomenon from all rank groups within the organisation by making use of various focus-group and in-depth interviews. Collected data were transcribed, coded, analysed and arranged into themes, subthemes and categories. This analysis indicated that various opinions as to how the crime-prevention phenomenon applies to a metropolitan police department (MPD) currently exist within the Tshwane Metropolitan Police Department. Various opinions were identified as to why a MPD was created, what the focal point of a MPD should be and what the current focal point of the TMPD is. Participants had different views on how a MPD should participate in functions like road-traffic and by-law policing, and how these functions contribute to crime prevention. Crime prevention proved to be an ambiguous term indeed, as no common understanding of this complicated phenomenon could have been identified amongst participants. It seemed that participants were not familiar with the crime-prevention capabilities of the organisation as they advocated a comprehensive participation in crime-prevention models like situational crime prevention, social crime prevention, crime prevention through environmental design, and crime prevention through effective criminal justice, while the organisation can actually participate in these crime-prevention models only to a very limited extent. The lack of a central philosophy or strategy that describes how the TMPD should conduct its business became evident during the study, and resulted in an organisation with no uniform understanding of crime prevention. Consequently, crime prevention means different things to different members of the TMPD. / Police Practice / M. Tech. (Policing)

This investigation attempts to analyse the applicability of child protection policy and legislation to black families and children in South Africa. The literature study focuses on the nature, scope and implications of child protection and child protection legislation, perspectives on children's and parents' rights, and more specifically on child-care policy and legislation in South Africa. A limited exploratory empirical investigation within the confines of the Child and Family Care Society was undertaken. The researcher had, by way of a case analysis, studied factors influencing the application of child-care legislation ~l:'ld described how legislation is being applied in practice. The application of philosophies and principles inherent in child-care policies, and the evolvement of certain patterns and trends have also been analysed. Specific deficiencies have been identified and recommendations regarding more effective social work practice are highlighted. / Social Work / M.A. (Mental Health)