There have been a number of labour disputes in the agricultural sector in the past year. Domestic workers’ wages and working conditions have also been under the spotlight. This study aims to determine whether or not the concept of decent work is adequately protected in South Africa’s current legislation; the implementation of such legislation and whether or not, as a member of the United Nations, South Africa’s legislation is in line with the international standards set by the International Labour Organization (ILO). The study examines previous labour legislation in order to establish the extent of the protection offered to employees, particularly domestic and farm workers. It provides recommendations in respect of the current legislation based on the ILO standards, particularly the Labour Inspection Convention No. 81 of 1947, Convention No. 184 Concerning Safety and Health in Agriculture, 2001 and Convention No. 189 and Recommendation No. 201 Concerning decent work for domestic workers, 2011. / Thesis (LL.M.)-University of KwaZulu-Natal, Durban, 2013.

The subject-matter of this thesis is the rule, previously contained in section 18(4)(d) of the Child Care Act 74 of 1983, in terms of which a mother could surrender her child born out of wedlock for adoption without the consent of its father. This section was struck down as unconstitutional by the Constitutional Court in Fraser v Children's Court, Pretoria North and others 1997 (2) SA 261 (CC), on the grounds that it violated an unmarried father’s constitutional rights to equality and non-discrimination. In the light of this judgment, this thesis seeks to articulate the constitutional parameters within which section 18(4)(d) must be amended. The requirements of Fraser are identified and discussed. Regard is also had to other constitutional rights upon which Fraser might have been decided; in particular, an unmarried father’s right to procedural fairness, and his child’s right to family or parental care. Case law from the United States, Canada, Ireland and the European Court of Human Rights is also discussed. The end product of this examination is an exposition of the various constitutional rights which vest in the father of a child born out of wedlock. A separate exposition is given of the distinct rights which vest in all children in the adoption process. The latter set of rights is drawn both from the Constitution of the Republic of South Africa Act 96 of 1996, and the United Nations Convention on the Rights of the Child. The thesis then proceeds to examine the Adoption Matters Amendment Act 56 of 1998, which was enacted in response to Fraser. The consent and notice provisions of adoption statutes in the United States, Canada, Australia, Ireland and England are also examined, and compared to the provisions of the Adoption Matters Amendment Act. The object, here, is two-fold: first, to consider the practical value of this Act; and second, to consider whether it satisfies the constitutional requirements identified earlier in this thesis. The thesis concludes with suggestions for the improvement of this Act.

M.A. / Social Work is a multifaceted profession. One of the many tasks that a social worker must perform is to give evidence in a court of law as an expert witness. The Criminal Procedure Act, Act 51 of 1977, has been amended in respect of the child as witness. This Act now also makes provision for a social worker to act as intermediary to facilitate in criminal procedures where children, being exposed to substantial trauma and stress, are witnesses. The courts have started to implement this amendment and social workers are being requested to act as intermediaries in criminal proceedings. The social workers at the Child and Family Welfare Society Kempton Park, amongst others, were requested on several occasions to act as intermediaries without knowledge of the task to be performed. Due to a lack of knowledge and resources only the necessary report was submitted to the court requesting the appointment of an intermediary. Probation officers from the Department of Welfare were then requested to appear in court as intermediaries as they had the necessary knowledge and training. This research attempts to highlight what a social worker as intermediary, in criminal proceedings where children are witnesses, should do. The researcher had a preference to the qualitative methodology, as it appeals to the researcher's practical nature and the nature of the issue to be investigated as it is basic-explorative in nature. The legal position of the sexually abused child as witness in criminal proceedings is assessed in order to determine the consequences from several points of view. Criticism and obstacles in this regard and the procedures of operation, as included in the Report from the Law Commission with specific reference to the social worker as intermediary, are highlighted.

This thesis examines recent doctrinal developments regarding the aboriginal and treaty rights which are recognised and affirmed in s.35(l) of the Constitution Act, 1982. Specifically, it explores how the meaning of such rights is being constituted by diverse relations of power operating within specific 'cites' of struggle. Chapter I is a brief introduction to recent transformations in the legal discourse of the Supreme Court and an overview of the methodologies being employed in this thesis. In this regard, the author undertakes an interdisciplinary approach to discourse analysis. Chapter II draws upon the writings of Michel Foucault to make the argument for the analytical framework being utilised; namely, the study of 'law' within a 'sovereign- discipline- government' society. Chapter III examines the relationship between the productive power of the disciplines and the legal discourse constituting the content of aboriginal rights; the purpose being to explore to what extent law 'operates as a norm' within this area. Additionally, it provides a lead into the discussion of 'government' by outlining the rationality underpinning the test for the justified governmental infringement of aboriginal and treaty rights. Chapter IV, examines the relationship between the regulatory power of 'government' and the legal discourse around current treaty negotiations. Specifically, it explores the inter-dependency between rationalities of self-government and the governmental technologies associated with 'advanced' liberalism. In doing so, it focuses on an emerging treaty from British Columbia to assess the extent to which law is being used as 'a tactic of government'. Chapter V, examines the relationship between the deductive power of 'sovereignty' and the legal discourse constituting the content of Aboriginal title. It argues that recent developments require the Court to deal with the issue of legal pluralism. And to do so, in a way that lays a more successful foundation in law for the legitimate reconciling of the pre-existence of First Nations societies and the sovereignty of the Crown. Chapter VI provides some concluding comments about the insights gained from the proceeding analysis. In doing so, it offers a brief discussion of how the proceeding specific analysis may relate to some recent work in post-colonial studies. / Law, Peter A. Allard School of / Graduate

This thesis questions why young female and aboriginal plaintiffs consistently receive lower damage awards for loss of future earning capacity than young white male plaintiffs. I argue that due to the social construction of law, and specifically tort law, the dividing line between public and private law should be challenged. The effect of tort is partially "public" in nature due to the broad impact tort has on valuing the potential of individual plaintiffs. When damages for female and aboriginal plaintiffs are assessed on a reduced scale due to gender and race, a message is sent that the potential of these plaintiffs, and the potential of the groups to which they belong, is somehow less. Due to the "public" impacts of damages quantification, principles of equality derived from the Canadian Charter of Rights and Freedoms should be considered in the quantification process. I argue further, that the current practice of damages quantification has been the result of the court's over-reliance on "formalist" notions of tort law which has insulated the area from the social context of law. In addition, I suggest that the acceptance by courts of economic evidence, which is often reflective of discriminatory norms in the labour market and our society generally, has had the effect of de-valuing certain members of Canadian society; in particular women and aboriginal plaintiffs. I demonstrate this analysis through an examination of cases dealing with young, catastrophically injured, female and aboriginal plaintiffs. Finally, I suggest that, though an imperfect solution, currently the only equitable method of quantifying damages for loss of future earning capacity is to adopt white male earning tables for all young plaintiffs with no demonstrated earning history. / Law, Peter A. Allard School of / Graduate

Modern parliaments are mostly compared to the top echelon of the society.The unfairness of the representation still holds true even where free, fair and periodic democratic elections are held. PWDs constitue the largest minority group accounting for 15.6% of the world's population. In Ethiopia approximately the same percentage of the population is disabled though nor fairly represented in the political system. / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2011. / http://www.chr.up.ac.za/ / nf2012 / Centre for Human Rights / LLM

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No description available.

The purpose of this study was to identify, examine and analyze judicial decisions, legislation, and agency regulations, state and federal, for those principles of law that govern the legal rights and responsibilities of Indiana public school educators. The study delineated legal principles and the process of legal reasoning in the following primary areas: (1) Tort liability of school districts and personnel; (2) Legal responsibilities regarding students; (3) Education of children with disabilities; (4) Terms and conditions of teacher employment. Three primary research methods were used in this study: The "descriptive word" or "words and phrases" approach, the topical approach, and the case method. The computer-assisted legal research service, WestLaw was used extensively in this study. The study produced the following selected general conclusions: (1) Indiana educators possess very limited protection under the doctrine of sovereign immunity and may be held personally liable for their own tortious acts. Educators are only immune from acts that constitute significant policy and political decisions generally attributable to the essence of governing. Indiana educators are personally protected from monetary loss by a "save harmless" statute. Indiana public school corporations are not protected by the doctrine of governmental immunity. School authorities may be found liable in their individual capacities for a constitutional tort if they personally violate clearly established constitutional rights of individuals. (2) Persons of school age are obligated under Indiana compulsory education laws to attend school or receive instruction equivalent to that given in the public schools. The judiciary uniformly recognizes the right and duty of school boards and school authorities to maintain order and control in the classroom and in the public schools. Students who violate school rules and regulations may be suspended or expelled from school but not without procedural due process. Students are entitled to other constitutional rights with respect to the first, fourth and fourteenth amendments. (3) The Individuals with Disabilities Act requires that children with disabilities be provided a free appropriate public education in the least restrictive environment. The right to a free appropriate education is undergirded by complex and comprehensive procedural rights afforded to parents under the IDEA. Indiana law expands procedural due process protections for children with disabilities beyond that provided by federal statute. A disabled child may be expelled from school where the misconduct is not handicap-related but educational services cannot be completely terminated. (4) Every teacher in Indiana employed by a school corporation must hold a license issued by the state and make a written teaching contract with the local governing body. A tenured teacher may be dismissed or suspended with cause but must be afforded due process in connection with the cancellation of an indefinite contract. School boards and school officials are granted broad discretion in matters relating to the method of teaching, decisions regarding the curriculum, and the selection of books to be used in the public schools. Indiana educators enjoy a liberty interest in their employment as well as other constitutional rights which are balanced by the state's interest in controlling and furthering the education mission of the public schools. / Ed. D.

This study was designed to identify the unique shaping of the university/student relationship through the lens of the in loco parentis concept. The questions asked were to what extent has in loco parentis defined the relationship of Virginia Polytechnic Institute and State University and its students through the institution's history as framed by: (a) the institution's mission, (b) university governance, (c) the definition of in loco parentis, and (d) institutional culture? Has in loco parentis found its sustenance at this institution through legal or cultural justification, or both? Qualitative case study methodology was utilized to examine in loco parentis within four time periods: (a) Shaping of a Land Grant University, 1891-1907, (b) Expansion of VPI Post World War II, 1945-1955, (c) Establishing the University, 1945-1955, and (d) Framing the Present, 1988- 1992. The research concluded that in loco parentis was historically grounded in the legal interpretation provided by the court. In loco parentis was sustained within this study by the culture of one particular land grant university grounded in its original charge of structuring a military lifestyle. The legal system provided a steady and constant external sustenance of in loco parentis and the institutional culture provided internal justification for in loco parentis as demonstrated within the history and tradition of Virginia Polytechnic Institute and State University. Each time period studied provided a view of the University that defined its role to its students in place of parent under the dominant influence of presidential leadership. / Ph. D. / incomplete_metadata