Magister Artium - MA / The typical face of poverty in South Africa is African, rural, and female. As the primary users of rural land, women engage in farming and subsistence activities. Despite this pivotal role played by rural women, they experience grave problems under communal tenure, most notably in relation to access to and use of land and productive resources. Research has shown that the majority of rural households in South Africa derive significant proportions of their livelihoods from land-based activities, and that the value of common property resources associated with land, for example livestock production, crop production, and natural resource harvesting is often overlooked as an important asset of poor rural communities. The importance of these landbased livelihoods sources is even greater for female-headed households, female members of rural households, and the very poor or 'marginalised' members of rural communities, since they tend to be more reliant on landbased livelihoods than those with secure income from pensions, wageearning activity or remittances from migrant labourers. The importance of security of land tenure to the sustainability of rural livelihoods, particularly insofar as rural women are concerned, is the central focus of this study. / South Africa

Magister Scientiae - MSc / This investigation focused on Rhoicissus tomentosa, belonging to the family, Vitaceae in an attempt to assess the phytochemistry of this plant which is widely used by traditional healers in South Africa to ensure the safe delivery during pregnancy and childbirth (Hutchings et al., 1996). / South Africa

Au début du XXIe siècle, l'usage de la locution «expression culturelle traditionnelle» s'est répandu à travers plusieurs forums internationaux. Bien que les expressions culturelles traditionnelles n'aient jamais été définies en droit international, deux instruments issus du système des Nations Unies, la Convention sur la protection et la promotion de la diversité des expressions culturelles et la Déclaration des Nations Unies sur les droits des peuples autochtones, les citent expressément. Cette thèse présente, en premier lieu, l'apparition et l'évolution en droit international de cette nouvelle notion. Elle propose ensuite de dégager les caractères des expressions culturelles traditionnelles pour comprendre ce qu'elles recouvrent. Cette étape permet de distinguer les expressions culturelles traditionnelles de notions voisines, comme celle de «savoirs traditionnels» ou encore comme celle de «patrimoine culturel immatériel», ce qui aboutit à s'interroger sur les enjeux juridiques qui leur sont liés et à aborder les questions soulevées par leur sauvegarde. Parmi ces questions, la plus prééminente consiste à s'interroger sur la forme juridique que devrait prendre le lien entre une expression culturelle traditionnelle et la communauté qui l'a créée et préservée. Dans cette perspective, deux approches émergent. La première considère les expressions culturelles traditionnelles comme un facteur de développement économique, tandis que la deuxième les envisage comme un outil de préservation des identités culturelles. La confrontation de ces deux approches montre le rôle relativement limitée des expressions culturelles traditionnelles en matière de développement économique. / At the beginning of the 21st century, the use of the term "traditional cultural expression" spread among several international forums. Although they have never been legally defined, traditional cultural expressions are mentioned by two instruments originating within the United Nations system: the UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions (2005) and the United Nations Declaration on the Rights of Indigenous Peoples (2007). This thesis presents how this notion emerged and evolved in international law. It also identifies the characteristics of this new legal concept to understand its meaning. This step allows to differentiate traditional cultural expressions from neighboring notions, such as "traditional knowledge" and "intangible cultural heritage." This leads to the study of legal issues relating to traditional cultural expressions and their safeguarding. Among these issues, the most paramount question is to ascertain the legal form that should be given to the link that binds a traditional cultural expression to the community that created and preserved it. In this view, two approaches appear. The first one considers traditional cultural expressions as a factor of economic development, whereas the second one contemplates them as a tool for the preservation of cultural identities. Confrontation of these two approaches demonstrate the limited role of traditional cultural expressions in the field of economic development.

Seventeen Cree anti-diabetic herbal medicines and eight Traditional Chinese Medicines have been examined for their potential to cause interactions with drugs, which is considered as a major reason for adverse drug effects. Specifically, the effect of these natural health products was examined on major Phase I drug metabolism enzymes including cytochrome P450, human carboxylesterase-1 and flavin-containing monooxygenases. Several of these natural health products have the potential to cause adverse drug effect through the inhibition of major drug metabolism enzymes. The results indicated that 7 Cree medicines plant extracts inhibited CYP3A4 activity, and 3 of them have been proven to cause potent mechanism-based inactivation of CYP3A4. Seven of eight Traditional Chinese Medicines have been identified as strong CYP3A4 inhibitors; the ethanol extract of Goji has identified as a potent inhibitor for CYP2C9 and 2C19. Goji juice showed universal inhibitory effects on most of the tested enzymes except flavin-containing monooxygenases 3.

L’étude des rapports de la culture des communautés traditionnelles et du droit implique une vision large, mêlant approche comparative et internationale, car les conceptions sont variées et les instruments divers. Au Brésil, pays doté d’une grande diversité culturelle, la nécessité de la protection de la culture populaire est une demande croissante, justifiée et nécessaire. La France, de son côté, présente le double avantage d’être le berceau du droit d’auteur et de connaître, elle aussi, une part de culture traditionnelle. En outre, dès les années 1970, le mouvement international autochtone occupe progressivement une place grandissante dans les débats internationaux.Deux axes émergent alors pour tendre à protéger la culture des communautés traditionnelles. Il ressort d’abord des processus de négociations internationaux la possible utilisation des instruments classiques de protection des droits de propriété intellectuelle. A ensuite émergé, ces dernières années, une tendance à l’élaboration d’une protection spécifique de la culture traditionnelle.Dans cette perspective, l’analyse comparative des systèmes juridiques français et brésilien enrichit la réflexion sur des régimes dont la mise en œuvre effective s’avère particulièrement complexe. Cette thèse invite aussi à s’interroger sur les raisons de ce dysfonctionnement, en livrant une étude portant sur plusieurs instruments normatifs. Le résultat est une analyse à trois focales (internationale, nationale et, dans certains cas, locale) qui vise à mettre en évidence les enjeux majeurs de la régulation de la culture traditionnelle. / The study of the relationship between the culture of traditional communities and law implies having a wide perspective, combining a comparative and an international approach, as the concepts are varied and the instruments diverse. In Brazil, a country with a great cultural diversity, the need for the protection of popular culture is a growing, justified and necessary demand. France, on the other hand, has both the benefit of being the birthplace of copyright and possessing, too, a part of traditional culture. In addition, since the 1970s, the international indigenous movement gradually took a growing place in international debates.Thus, two directions rise attempting to protect the culture of traditional communities. Firstly, the possible use of traditional instruments for the protection of intellectual property rights will result from the international negotiating processes. In addition, in recent years, the tendency of elaborating a specific protection for traditional culture has emerged. In this perspective, the comparative analysis of the French and Brazilian legal systems can allow us to broaden our reflection on regimes whose effective implementation seems to be particularly complex. This thesis prompts us to question the reasons for this dysfunction by providing a study on several normative instruments. The result is a three-level analysis (international, national and, in some cases, local) aiming to highlight the major challenges of regulating traditional culture.

"As already mentioned, gauranteeing the right to a fair trial aims at protecting individuals from unlawful and arbitrary curtailment or deprivation of other basic rights and freedoms. The fundamental importance of the right to a fair trial is illustrated not only by international instruments and the extensive body of interpretation it has generated, but most recently, by a proposal to include it in the non-derogable rights stipulated in article 4(2) of the ICCPR. Standards for a fair trial may stem from binding obligations that are included in human rights treaties to which a state in examination is a party, but they may also be found in documents and practices which, though not binding, can be taken to express the direction in which the law is evolving. One of the problems is that law and human rights have been viewed largely as Western concepts, and are therefore defined and valued by Western criteria. This leads to a number of difficulties. First, there are many non-Western societies in which law and human rights thus defined, is impractical and mechanisms of protecting human rights in non-Western justice systems are not recognised as comparable counterparts to those in Western societies. Secondly, African states have failed to abide by their international fair trial obligations because, probably, these standards are impractical given the realities like poverty, illiteracy and strong cultural beliefs that characterise most African communities. As a result, the law applied by the Western style courts is felt to be so out of touch with the needs of most African communities, and coercion to resort to them amounts to denial of justice. This explains why communities, especially in the rural Africa, resort to indigenous African justice systems irrespective of state recognition or otherwise. Upon realisation that the Western style of justice did not respond to the prevailing post-genocide situation for example, the government of Rwanda re-established traditional courts to help deal with the crime of genocide and foster reconciliation. A Gacaca court is constituted of a panel of lay judges who coordinate a process in which genocide survivors and suspected perpetrators and the latter between themselves confront each other. They, and the community, participate by telling the truth of what happened; who did what during the genocide, and then the judges, based on the evidence given to them, decide on the case. These judges are elected by their respective communities for their integrity, not their learning. However, human rights organisations argue that Gacaca proceedings violate the accused persons's fair trial rights. They question among other things capacity of lay judges who make decisions in these courts, to conduct a fair trial. They also contend that Gacaca does not guarantee the right to be presumed innocent because it requires confessoins and that defendants are denied legal representation. In South Africa, traditional courts (konwn as chiefs' courts) exist. They have played a crucial role in dispensing justice in the indigenous communities and are prototypes of the kind of dispute resolution mechanisms desirable in a modern society. They apply 'people's law', which developed as a result of lack of legitimacy of the Western system of justice among the indigenous South Africans. However, critics see them as conservative and unable to render justice in the modern social, economic and political climate in South Africa today. As a result, Western style court proceedings that are conducted in foreign languages to indigenous communities, and thus have to rely on inaccurate and unreliable interpreters in addition to costs for legal counsels and subjection to very technical and formal procedures, are the only alternative in criminal matters. Briefly, the major problem is to ascertain whether indigenous African criminal justice systems do, or otherwise conform to fair trial standards. If they do not, according to who are they not fair? In other words, is there a universal measure of fairness or does appreciation depend on people's enviornment and their socio-economic backgrounds, in which case, the beneficiaries of indigenous African criminal justice systems should be the ones to appreciate its fairness?" -- Introduction. / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2004. / Prepared under the supervision of Prof. Nii Ashie Kotey at the Faculty of Law, University of Ghana / http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html / Centre for Human Rights / LLM

The aim of this study is to analyse and critically assess the nature, scope and basis of South Africa‟s official external threat perception as it developed during the period from 1994 to 2012. Accordingly, the assessment allows for the identification of shortcomings in the current national security policy on external security threats, based on the alignment of external threat perceptions with the Government Programme of Action. Essentially what had to be determined is whether perceived official threats correspond with the actual situation. Accordingly, the main research question of the study is: What is the nature, scope and basis of the post-1994 official external threat perception of South Africa? The research problem generated four subsidiary questions: When does a security issue become a national threat? What types of threat are there? How does the South African government perceive these threats? And whose security is threatened? In responding to the main research questions, the study‟s findings note a change in perceptions during the post-Cold War era as to what constituted threats to security. The focus shifted from traditional to non-traditional threats to national security, because most current threats are non-military and transnational in nature. The analysis of South Africa‟s official external threat perception is informed by the changed views of Government towards what are considered the main threats to national security. The study concludes with key findings in response to the stated problem and with specific recommendations. The study confirmed that the nature of threats and security debates post-1994 have changed constantly with the expansion of the security agenda beyond state and military security. The official viewpoint is that South Africa at present is not faced with any military threats. Emphasis is currently placed on human beings as the main object of security. Most identified threats are transnational in nature and these relate to the illegal flow of immigrants, terrorism, organised crime, climate change (linked to food and water security), regional instability and other socio-economic threats. These threats are being perceived and articulated by Government through policy announcements and public speeches, also validated in the critical analysis of various scholars. The concept of non-traditional threats still lacks a commonly accepted definition; hence the study proposes the need for South Africa to define and outline non-military security threats in a comprehensive manner, preferably through the development of a South African External Threat Perception Framework. Developing such a framework will assist security agencies (such as analysts) and other stakeholders in providing advice and guidance to Government in identifying external security threats. This initiative could eliminate the abuse of power by various stakeholders in securitising any issue as a threat to national security, and instead divert those resources to other Government services. Provision should also be made in the form of policy initiatives on the role of military force and other agencies in addressing non-military security threats. Thus, the development of key elements of an integrated national security strategy in order to address external security issues and threats is essential. / Dissertation (MSecurity Studies)--University of Pretoria, 2013. / gm2015 / Political Sciences / MSecurity Studies / Unrestricted

PhD (Psychology) / Department of Psychology

The purpose of this clinical case study was to compare clients’ and an Educational Psychologist’s experiences of a psychometric feedback from a traditional perspective with feedback from the perspective of positive psychology. The study consulted relevant literature and integrated readings to design frameworks to guide the two modes of feedback. A mixed-method research approach was applied, with a dominant focus on the qualitative aspects of this study (Qualquan), guided by an interpretivist epistemology. Four adolescent girls and an Educational Psychologist were conveniently selected to participate, with two girls participating in the pilot phase and two in the data collection phase. After the pilot the interview frameworks were adapted. Psychometric profiles were used to generate quantitative data, while audio-visual recordings of the feedback interviews, interview transcripts, field notes , the researcher’s and Educational Psychologist’s reflections, and participants’ pre- and post-feedback narratives contributed to the qualitative data for the study. Following thematic analysis it emerged that the clients’ experienced four similarities between the two modes of feedback interviews. Both feedback interviews were experienced as satisfactory and positive experiences; both modes provided self- and career knowledge to the participants; both were experienced as comprehensive feedbacks and the Educational Psychologist highlighted both strengths and weaknesses of the client in each mode. However, the participant who experienced the positive psychological feedback interview received an additional strength-building opportunity. The lack of significant differentiation between the two modes of feedback interviews may be indicative of the value of the therapeutic alliance between therapists and client. This study’s main contribution to Educational Psychology theory and practice is a framework for a positive psychological feedback interview, which may create opportunities for strength-building discussions. / Dissertation (MEd)--University of Pretoria, 2010. / Educational Psychology / unrestricted

This exploratory study is a first attempt to translate the Indian cultural context from a socio-cultural, and legal perspective by identifying the values attributed to Indian textile craftsmanship by Indian textile and fashion stakeholders, and how their perspective is influenced by the global recognition and perception of Indian textile crafts and connotation of “Made in India”. At the same time the study investigates the meaning of “sustainability” in the Indian cultural context, in relation to textile craftsmanship, and how this relates to the Western concept of “sustainability”. Through field research in conjunction with a series of in-depth unstructured interviews, this study reveals that Cultural Sustainability is the dominating narrative in the Indian cultural context due to the prevalence of culturally embedded sustainability practices and the role of textile craftsmanship in sustaining livelihood, being a unique exercise of positioning Indian textile craftsmanship within a framework of cultural heritage as a valuable source of knowledge for sustainable practices in the fashion and textile industry. Unique about this study are the India-centric approach combined with the ethnicity of the subjects interviewed - who are, without exception, Indian nationals, whose work, voice and reputation are shaping India's contemporary textile craft -sustainability narrative (being referred to as the “Indian textiles and fashion elite”) and the framing of traditional craftsmanship from a legal perspective, introducing the notion of legal protection of traditional textile knowledge and traditional cultural expressions.