The key research question explored in this study is: can a state attain its national economic development objectives and at the same time advance the rights of indigenous groups? Examines the tensions and prospects of the coexistence of both the rights of indigenous peoples in Africa and sustainable development with reference to selected case studies and approaches adopted by World Bank (WB) and United Nations Development Programme (UNDP).The broad objectives of the study are: (a) To examine the link between indigenous peoples’ rights and sustainable development, (b) To explore the manner in which the international legal framework and African human rights system responds to the problem of indigenous in development, (c) To analyse key case studies of indigenous rights and development in Kenya, Botswana, and South Africa and explore emerging approaches by the WB and UNDP, (d) To make proposals on mechanisms for mediating indigenous peoples’ rights and national development aspirations. / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2007. / A Dissertation submitted to the Faculty of Law University of Pretoria, in partial fulfilment of the requirements for the degree Masters of Law (LLM in Human Rights and Democratisation in Africa). Prepared under the supervision of Angelo Matusse of the Faculty of Law, Universidade Eduardo Mondlane, Mozambique. / http://www.chr.up.ac.za/ / Centre for Human Rights / LLM

The general objective of the study is to assess the role of culture and traditions as stumbling blocks in the legal reform that would lead to the decriminalization of same-sex sexual intercourse. Focuses on the sodomy laws in Africa with specific reference to Uganda. Compares the Ugandan and South African legal regimes. Uganda is chosen because it represents one of the African countries where same-sex unions are specifically prohibited by the Constitution. / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2007. / A Dissertation submitted to the Faculty of Law University of Pretoria, in partial fulfilment of the requirements for the degree Masters of Law (LLM in Human Rights and Democratisation in Africa). Prepared under the supervision of Prof Pierre de Vos of the Faculty of Law, University of the Western Cape, Cape Town South Africa. / http://www.chr.up.ac.za/ / Centre for Human Rights / LLM

Indiana University-Purdue University Indianapolis (IUPUI) / Children's and adolescents' capacity to provide valid informed consent is one of the key ethical concerns in pediatric research, and the focus of this project. The original contribution to knowledge is the advancement of both conceptual and empirical bioethical approaches to research with vulnerable populations. First, a review of adolescent vulnerability is presented to highlight the complex interplay between capacity and other forms of vulnerability. This review is offered as an interdisciplinary analysis to better understand why the study of vulnerable populations is critical to the ethical advancement of clinical research. Results from this analysis suggest the need for enhanced screening techniques as well as the utilization of specialized staff to identify and reduce the impact of different forms of vulnerability. The primary tasks of the empirical portion of the dissertation were to: (1) Adapt a validated adult competency assessment tool for clinical research, the MacArthur Competency Assessment Tool for Clinical Research, to assess the capacity of children and adolescents to consent to clinical research; (2) Identify predictors that impact children and adolescents’ capacity to provide consent to clinical research; and (3) assess differences and similarities in capacity between healthy and chronically ill children and adolescents. Overall results suggest adolescent capacity to consent to research was similar to adults, and most strongly associated with their family's socioeconomic status as well as their level of health literacy. These findings contrast starkly with the age-based criterion for providing consent currently utilized in assent and consent determinations. These findings also provide insights into ways to ethically involve youth in complex biomedical research.

Anti-LGBTQ laws and policies are considered to be institutional forms of discrimination,or the provide legal pathways for people to actively discriminate against LGBTQ+ people, or they fail to provide protections from discrimination to LGBTQ+ communities. Given the rise of far-right government in the (United States) U.S. and its foundations on Christian Nationalism, there has been an alarming increase of anti-LGBTQ legislations across the United States as evidenced by the resurgence of “don’t say gay” bills and transgender health care bans across multiple states. While the detrimental effect of anti-LGBTQ legislation on LGBTQ+ people’s mental health has been documented, little research has been done to understand the ways in which these larger structural forms of discrimination are internalized and translate to individual mental health outcomes. Relevant to LGBTQ+ communities, suicide has been a prevalent public health concern that disproportionally impacts these communities. Building on Minority Stress Theory (MST) and the Psychological Mediation Framework (PMF) the present study sought to understand the direct and indirect associations of anti-LGBTQ legislations and anticipated discrimination with suicidal ideation. Perceived Burdensomeness, thwarted Belongingness, and entrapment were looked as mediators of these associations. Further the role of perceived social support as a potential protective factor was assessed. Results indicated that anti-LGBTQ policies were significantly associated with suicidal ideation. Anticipated discrimination was indirectly associated with suicidal ideation through perceived burdensomeness and entrapment. Finally perceived social support did not moderate any of these associations. Implications for practice, research and policy are discussed.

The researcher identified in her work as a social worker that sexually abused adolescents experience difficulties with testifying in court. The goal of this research was directed at developing guidelines to assist adolescents who have to testify in court. The researcher utilised the qualitative research approach with an exploratory and descriptive nature. Semi-structured interviews were done with a sample of adolescents who have testified in court, a sample of parents or caregivers of adolescents who have testified in court and social workers working with adolescents who testify in court. These interviews were conducted to gain insight into how the research participants experienced the court process in order to formulate guidelines for adolescents who have to testify in court. The researcher concluded that adolescents experience testifying in court as negative. Guidelines were developed from the information obtained from the research participants to support adolescents who has to testify in court. / Social work / M.Diac. (Play therapy)

Section 71(3) of the Companies Act 71 of 2008 has introduced into South African company law a provision which for the first time permits the board of directors to remove another director from office in certain specific instances. A further significant innovation in the Companies Act 71 of 2008 is contained in section 162, which empowers a court to make an order declaring a director delinquent or placing him under probation in specific instances. The effect of section 162 is that a court is empowered to remove a director from the board of directors. The focus of this thesis is the removal of directors from office by the board of directors and by the judiciary. The thesis explores the underpinning philosophy of the statutory provisions relating to the removal of directors from office. It also examines the impact of the power given to the board of directors and to the courts to remove a director from office. The grounds and the procedures for the removal of directors by the board of directors and the judiciary are examined. The fiduciary duties applicable to directors in removing a director from the board of directors are also explored. In addition, this thesis examines the removal of directors holding multiple positions or capacities in relation to a company, such as an employee or a shareholder with loaded voting rights. The remedies which may be relied on by a director who has been removed from office by the board of directors are examined. Recommendations are made to strengthen and improve the provisions in the Companies Act 71 of 2008 relating to the removal of directors from office by the board of directors and the judiciary. Amendments to the Companies Act 71 of 2008 are suggested to remove ambiguities; to guard against the abuse of sections 71(3) and 162; to improve the grounds and procedures for the removal of directors by the board of directors and the judiciary, and to enhance the remedies that may be relied on by a director who has been removed from office by the board of directors. / Artikel 71(3) van die Maatskappywet 71 van 2008 het ’n bepaling tot Suid-Afrikaanse maatskappyreg toegevoeg wat die direksie vir die eerste keer in staat stel om ’n ander direkteur in sekere spesifieke gevalle uit sy of haar amp te verwyder. ’n Verdere belangrike vernuwing in die Maatskappywet 71 van 2008 word in artikel 162 vervat, wat ’n hof magtig om ’n bevel uit te vaardig wat ’n direkteur misdadig verklaar of hom of haar in spesifieke gevalle aan ’n proeftydperk onderwerp. Die effek van artikel 162 is dat ’n hof by magte is om ’n direkteur uit die direksie te verwyder. Die fokus van hierdie tesis is die verwydering van direkteure uit hul ampte deur die direksie en die regbank. Die tesis verken die onderliggende filosofie van die statutêre bepalings wat met die verwydering van direkteure uit hul ampte verband hou. Dit ondersoek ook die impak van die bevoegdheid wat aan die direksie en die howe verleen word om ’n direkteur uit sy of haar amp te verwyder. Die gronde en prosedures vir die verwydering van direkteure deur die direksie en die regbank word ondersoek. Die fidusiêre pligte van toepassing op direkteure by die verwydering van ’n direkteur uit die direksie word ook verken. Daarbenewens ondersoek hierdie tesis die verwydering van direkteure wat veelvuldige posisies of hoedanighede met betrekking tot ’n maatskappy beklee, soos ʼn werknemer of aandeelhouer met gelaaide stemregte. Die regsmiddele waarop ’n direkteur, wat deur die direksie uit sy of haar amp verwyder is, kan steun, word ondersoek. Aanbevelings word gemaak om die bepalings in die Maatskappywet 71 van 2008, wat met die verwydering van direkteure uit hul ampte deur die direksie en regbank verband hou, te versterk en te verbeter. Wysigings aan die Maatskappywet 71 van 2008 word voorgestel om dubbelsinnighede uit te skakel; om teen die misbruik van artikels 71(3) en 162 te waak; om die gronde en prosedures vir die verwydering van direkteure deur die direksie en die regbank te verbeter, en om die regsmiddele waarop ’n direkteur wat deur die direksie uit sy of haar amp verwyder is kan steun, te versterk. / ISigaba 71(3) Somthetho weZinkampani 71 ka 2008 sewuze wangenisa emithethweni yezinkampani zaseNingizimu Afrika, umthetho ongowokuqala ovumela ibhodi labaqondisi ukuthi libe namandla wokugudluza omunye umqondisi esikhundleni sakhe ngaphansi kwezimo ezithile. Olunye ushintsho olusha kuMthetho wama-71 weZinkampani ka 2008 uqukethwe yiSigaba 162, wona ugunyaza inkantolo ukuthi ikhiphe umyalelo owazisa umqondisi ngokuthi unecala noma obeka umqondisi ngaphansi kophenyo, phecelezi “probation” ngesinye isikhathi. Inhloso yeSigaba 162 wukunikeza inkantolo igunya lokugudluza umqondisi kwibhodi labaqondisi. Impokophelo yale thisisi wukugudluzwa kwabaqondisi, bagudluzwe yibhodi labaqondisi kanye nomthetho/nobulungisa. Ithisisi ihlola ifilosofi yemithetho ekhishiwe emayelana nokugudluzwa kwabaqondisi ezikhundleni zabo, Kanti futhi ihlola umthelela wamandla anikezwe ibhodi labaqondisi kanye nezinkantolo ukuthi zigudluze umqondisi esikhundleni. Izizathu kanye nengqubo elandelwayo mayelana nokugudluzwa kwabaqondisi yibhodi labaqondisi kanye nomthetho nazo ziyahlolwa. Imisebenzi emayelana nokuthembeka eyenziwa ngabaqondisi ukugudluza umqondisi kwibhodi labaqondisi nayo iyacwaningwa Ngaphezu kwalokhu, le thisisi .iphenya ukugudluzwa kwabaqondisi abaqokwe ezikhundleni eziningi noma abanegunya elithize ngokwengqubo yenkampani, enjengesisebenzi, phecelezi “employee” noma umabelwa-mashezi onamalungelo amaningi okuvota, phecelezi, “loaded with voting rights”. Izeluleko ezingasetshenziswa wumqondisi ogudluzwe esikhundleni sakhe yibhodi labaqondisi nazo ziyahlolwa. Izincomo nazo ziyenziwa ngenhloso yokuqinisa kanye nokuthuthukiswa kwamandla oMthetho we-71 weZinkampani ka 2008, mayelana nokugudluzwa kwabaqondisi ezikhundleni yibhodi labaqondisi kanye nomthetho. Izinguquko zoMthetho wama-71 weZinkampani ka 2008 ziqonde ukususa izixakaxaka, ukulwa nokudlelezelwa kweSigaba 71(3) kanye no 162, ukuthuthukisa izizathu kanye nezingqubo zokugudluzwa kwabaqondisi yibhodi labaqondisi kanye nomthetho, ukuqinisa izindlela zokulungisa ezingasetshenziswa wumqondisi osegudluziwe esikhundleni yibhodi labaqondisi. / Mercantile Law / LL. D.

Children are the most vulnerable group. Their protection should be a priority for society. In particular, those who are accused of committing crime need to be protected from entering the criminal justice system and measures should be put in place to prevent the stigmatisation associated with having a criminal record. Such protection is endorsed by section 28 of the Constitution of the Republic of South Africa (1996).This study outlines the role played by a probation officer in the diversion process. This was achieved by examining international and national instruments that promote the protection of children in conflict with the law. The Child Justice Act No. 75 of 2008 forms part of national instruments. It provides guidelines for probation officers and other stake holders in the justice system on how to deal with children who are accused of committing crimes. Recommendations on the identified challenges and gaps are made. / Corrections Management / M.A. (Corrections Management)

Around the world, managing the behavioural rights of teachers and learners in schools remains a complex problem for all involved in the teaching and learning situation. From a legal standpoint, the crux of this study relates to why school managers and teachers feel disempowered by learners’ rights. Over and above the duty of all citizens not to infringe on other peoples’ human rights (e.g. the horizontal application of the Bill of Rights contained in Section 2 of the Constitution, SA, 1996), teachers also have a legal obligation to promote and protect learners’ rights (e.g. a vertical application of the Bill of Rights contained in Section 2 of the Constitution, SA, 1996). It is this extra mandate that results in teachers feeling disempowered by learners’ rights. Learners’ rights are protected because teachers are representative of the state and, as such, the vertical application of human rights arises where learners are protected against any possible abuse of power. Moreover, a further ‘imbalance’ is created by children’s rights (Section 28, SASA, 1996). In particular, their right to protection and to having their best interests is regarded as of paramount importance. The study examined the role of the principal, SMT, SGB and RCL in managing the behavioural rights of teachers and learners. A qualitative investigation at three public high schools in the North Metropolitan District of Cape Town was done. Data were collected by means of document analysis as well as by in-depth interviews with five teachers and five RCL members at each of the three participating schools. The findings of the study revealed that the behavioural rights of teachers and learners are managed by the school management leadership style, by the ineffective support from teacher unions, by the functionality of the SGB, by the muted voice of the RCL and in a conflicting manner by some parents. The study recommends that principals, SMTs, SGBs and RCLs be empowered in order for them to manage the behavioural rights of teachers and learners effectively. The principals, SMTs, SGBs and RCLs that adopt a democratic leadership style which favours support, collaboration and conflict resolution can thus take firm hold of a golden opportunity – the opportunity to sustain and promote the managing of the behavioural rights of teachers and learners. / Educational Leadership and Management / M. Ed. (Educational Management)

The researcher identified in her work as a social worker that sexually abused adolescents experience difficulties with testifying in court. The goal of this research was directed at developing guidelines to assist adolescents who have to testify in court. The researcher utilised the qualitative research approach with an exploratory and descriptive nature. Semi-structured interviews were done with a sample of adolescents who have testified in court, a sample of parents or caregivers of adolescents who have testified in court and social workers working with adolescents who testify in court. These interviews were conducted to gain insight into how the research participants experienced the court process in order to formulate guidelines for adolescents who have to testify in court. The researcher concluded that adolescents experience testifying in court as negative. Guidelines were developed from the information obtained from the research participants to support adolescents who has to testify in court. / Social work / M.Diac. (Play therapy)

This thesis examines the agricultural labour process on commercial farms in post-apartheid South Africa with a particular focus on systems of labour control on these farms. Considerable literature exists about the labour process in capitalist society but the capitalist labour process does not exist in any pure form. Rather, different labour processes exist and the specific form they take depends on spatial and temporal conditions. Additionally, labour processes are often economic sector-specific. Because of variation in capitalist labour processes, differences in systems of labour control (or labour control regimes) also arise. Historically, up until the end of apartheid in 1994, the labour control regime on commercial farms in South Africa was marked by a paternalistic despotism of a racialised kind. This in part reflected the fact that commercial farms were simultaneously sites of both economic production and social reproduction and, further, they were very privatised agrarian spaces largely unregulated (specifically with regard to labour) by the state. Since the end of apartheid, commercial farms have been subjected to multiple pressures. Notably, the South African state has strongly intervened in labour relations on commercial farms, and commercial farms have been subjected to ongoing neo-liberal restructuring. This has led to the prospects of changes in the prevailing labour control system on commercial farms. In this context, the thesis pursues the following key objective: to understand changes and continuities in the labour process on commercial farms – and particularly labour control systems – subsequent to the end of apartheid in South Africa. It does so with reference to four farms in Eastern Cape and KwaZulu-Natal Provinces.