Inaug. Diss. -- Göttingen. / Includes bibliographical references (p. [iii]-v).

No

Note:

Picketing, a method used by employees, collectively, to assert their demands against employers, is a controversial subject arising from the conflict of interest existing between labour and employers! Previously, South African law neither forbade nor regulated picketing. Consequently, no immunity from civil liability existed in relation to a person's conduct during a picket. Presently, picketing is regulated by section 17 of the Constitution of the Republic of South Africa Act 108of19% (right to picket) and section 69 of the Labour Relations Act 66 of 1995, which provides for a protected picket (one that complies with the requirements of section 69) whereby immunity from civil liability attaches to a person's conduct during a picket. These provisions and their coexistence is examined, comparing foreign law where relevant, in an attempt to provide a foundation for a topic relatively disregarded. Section 69 reveals elements of uncertainty and vagueness. / Law / LL.M.

Picketing, a method used by employees, collectively, to assert their demands against employers, is a controversial subject arising from the conflict of interest existing between labour and employers! Previously, South African law neither forbade nor regulated picketing. Consequently, no immunity from civil liability existed in relation to a person's conduct during a picket. Presently, picketing is regulated by section 17 of the Constitution of the Republic of South Africa Act 108of19% (right to picket) and section 69 of the Labour Relations Act 66 of 1995, which provides for a protected picket (one that complies with the requirements of section 69) whereby immunity from civil liability attaches to a person's conduct during a picket. These provisions and their coexistence is examined, comparing foreign law where relevant, in an attempt to provide a foundation for a topic relatively disregarded. Section 69 reveals elements of uncertainty and vagueness. / Law / LL.M.

Thesis (Ph. D. (Criminology)) -- University of Limpopo, 2021 / The 1996 Constitution of the Republic of South Africa [RSA], allows people to protest, demonstrate, picket, and assemble when they believe their constitutional rights have been violated. There are legislations that have been put in place to ensure that while people are showing their dissatisfaction, they do not infringe on the rights of others by engaging in riotous behaviour. The Regulation of Gatherings Act [RGA] (Act 205 of 1993) is one of such acts. This study explored the motivations of violent protests in Malamulele and Vuwani in the Limpopo Province. A qualitative research methodology was utilised and in-depth interviews and focus group discussions were used to collect data. Purposive and snowball sampling techniques were used to sample the people who participated in the protests that occurred in the areas of this study. Thematic Content Analysis was used to analyse the findings from the in-depth interviews and the focus group discussions. The study found that the Malamulele residents were concerned about being in the Thulamela Municipality, and some of their concerns included but were not limited to employment and service delivery. This study found that in Vuwani, the violent protests were influenced by the government’s inability to effectively consult residents in the merger between Vuwani and Malamulele which was done with the intention of quenching the violent protests that had erupted in the Malamulele area. Violence is said to have occurred because the government was unresponsive, and it had failed to provide adequate services and had also made unfulfilled promises. Moreover, this study also found that people engaged in collective violence because of anger and frustration. There were also people who promoted collective violence to gain access to free grocery through looting. The destroying of government properties was seen as punishment to both the community and the government. Some protestors were emotionally disturbed when they saw buildings burning, while some children also learnt to respond with violence when in conflicting situations. The government lost money as they had to refurbish or replace things that they had already provided for. However, in comparison, the participants indicated that it is easy for the government to recover, because they only lose money while the community has to live with the scar of collective violence and its aftermath for a long time.

In the first section of the dissertation, strike law in the Netherlands is focused upon. The following issues are inter alia dealt with: the historical background of the strike phenomenon, the right to strike and restrictions on this right, the reluctance of the Dutch legislature to legislate in the field of industrial action, and the directly applicable provisions of the European Social Charter. The second section of the dissertation deals with South African strike law and also starts off with a discussion of the historical background thereof, whereafter the provisions of the 1995 Labour Relations Act are analysed and discussed. The third and last section highlights some of the major differences and points to some similarities between the two legal systems. It concludes that the detailed South African labour legislation does not provide more certainty than the Dutch judge-made law in respect of the law relating to strikes. / Law / LL.M.

In the first section of the dissertation, strike law in the Netherlands is focused upon. The following issues are inter alia dealt with: the historical background of the strike phenomenon, the right to strike and restrictions on this right, the reluctance of the Dutch legislature to legislate in the field of industrial action, and the directly applicable provisions of the European Social Charter. The second section of the dissertation deals with South African strike law and also starts off with a discussion of the historical background thereof, whereafter the provisions of the 1995 Labour Relations Act are analysed and discussed. The third and last section highlights some of the major differences and points to some similarities between the two legal systems. It concludes that the detailed South African labour legislation does not provide more certainty than the Dutch judge-made law in respect of the law relating to strikes. / Law / LL.M.

To gather together is a natural human activity shared by all people. The majority of these activities take place without the involvement of the government, and is of no interest to the law. In South Africa, the right to assemble peacefully, to demonstrate, to picket or to present petitions, is protected in the Constitution of the Republic of South Africa, 1996. When people gather, be it peaceful or violent, participants run the risk of being arrested for committing offences. The way the government of the day reacts to gatherings influence the policing, prosecution and adjudication of offences arising from the right to gather. Current legislation and common-law offences utilised to curb disorder in South Africa are measured against international and regional case law and guidelines. Most of these case law and guidelines linked to international and regional instruments are similar in many respects, and can be deemed as universally acceptable. It is proposed that the government revisits the mixture of current offences utilised by the prosecution during dissent, public violence or protest action, and that specific public order offences are created, providing for specific unlawful conduct with corroborating sentences. Police powers must furthermore be clearly defined to strengthen the hand of the police to secure law and order, serve as guarantee for the rights and freedoms of everyone, and to create legal certainty. The government must organise applicable public order offences in a single public order act. Legislation applicable to public order must be accessible and easily understandable since protest may be the only avenue for a member of the public to bring his or her plight under the attention of the government. Existing guidelines from applicable international and regional instruments which guide and monitor executive conduct must be included since these guidelines qualify as public order offences. / Criminal and Procedural Law / LL. D. (Criminal and Procedural Law)

Text in English / The study investigated the policing of service delivery protests in South Africa with specific reference to Free State province. Failure by local governments to provide basic services to the previously disadvantaged South Africans has led to a number of service delivery protests taking place. The manner in which these protests are managed by the police in South Africa more especially the Public Order Police who are specialists in this field, raises concerns. One would perceive that the police are losing the battle in dealing with protest action for they are criticised for their brutal tactics in quelling the violence. This brutal handling of protesters dates back to the apartheid era and not much has changed contrary to the expectations of a newly formed democratic country. This therefore led to the investigation as to why the police in South Africa fail to contain such protest actions. The South African Police Services (SAPS) as it is known in a democratic South Africa employed tactics from international countries in order to introduce more professionalism in the SAPS. Although better tactics have been introduced, this did not seem to improve the situation because not only are properties destroyed but many lives are also lost through police action. The researcher conducted his investigation in the central part of South Africa in the Free State Province concentrating in the three main areas; namely Bloemfontein, Welkom and Bethlehem where the Public Order Police units are based. The investigation resulted in the researcher arriving at the conclusion that there are a number of challenges that are experienced by the SAPS when dealing with protests and the main problem identified was that of a shortage of manpower. This problem create challenges when it came to managing the number of protests taking place and exacerbated by not allowing the police to use the tactics that they were trained in. As much as we acknowledge these challenges, there are best practices that can be learnt from international countries. The crowd psychology strategies applied by the Swedish police as well as the high tolerance level of the British police, are the good practices that can be recommended in dealing with protests in South Africa. / Police Practice / M.Tech. (Policing)