Text in Afrikaans / In this dissertation an attempt has been made to study the past and in particular the basic cultures of Western civilization (the ancient Israelites, ancient Greeks, Romans and early Christians) in order to investigate the educational role of the father. In an examination of the past from a historic pedagogical perspective, an endeavour has been made to compare the educational role of the father during the ancient period to that of the father at present in order to ascertain whether the past can possibly serve as "preceptor" with regard to this contentious contemporary problem. A chapter was devoted to each of the four aforementioned cultures in which the father's educational role was disclosed. At the end of each chapter a brief conclusion was reached pertaining to the field of study. In the last chapter a number of conclusions and recommendations with regard to some of the factors which influenced the father's educational role but which has immense significance for the contemporary (as well as the future) period and consequently cannot be ignored, were recorded. Matters such as the· father's educational responsibility, religious/devout support, moral-ethical education, vocational preparation and the implementation/enforcement of punishment and discipline were discussed so that the present state of affairs with regard to these factors could be evaluated and compared to that of the past. / In hierdie verhandeling is gepoog om by die verlede en wel by die grondkulture van die Westerse beskawing (die oud-lsraeliete, antieke Grieke, Romeine en vroee Christene) te gaan kers opsteek betreffende die opvoedingsrol van die vader. Deur die verlede vanuit 'n histories-pedagogiese ingesteldheid te bevra, is daar gepoog om die verband tussen die opvoedingsrol van die vader in die antieke tyd met die van die vader in die huidige tyd te vergelyk in 'n paging om vas te stel of die verlede moontlik as "leermeester" ten opsigte van die brandende kontempor~re vraagstuk kan di en. Aan elkeen van die vier genoemde kulture is 'n hoofstuk gewy waarin die vader se opvoedingsrol onthul is en aan die einde van elke hoofstuk is tot 'n kart samevattende gevolgtrekking met betrekking tot die veld van ondersoek gekom. In die laaste hoofstuk is 'n aantal gevolgtrekkings en aanbevelings met betrekking tot enkele faktore wat die vader se opvoedingsrol be1nvloed het maar wat groat segwaarde vir die huidige (sowel as toekomstige) tyd het en dus nie negeer kan word nie, geboekstaaf. In hierdie verband is aangeleenthede soos die vader se opvoedingsverantwoordel ikheid, religieus/godsdienstige steungewing, moreelsedelike opvoeding, beroepsvoorbereiding en die toepassing/handhawing van tug en dissipline aan die orde gestel sodat die huidige toedrag van sake met betrekking tot die genoemde faktore daarteen gespieel en geevalueer kan word. / Educational Studies / M. Ed. (Historical Education)

Text in Afrikaans / Executions were discontinued during November 1989. In February 1990 the State President announced a moratorium on executions. Since 27 July 1990 the Criminal Law Amendment Act, 1990 effected important changes to the substantive law and procedure regarding the death sentence. The "new" death sentence dispensation was applied by the courts and the moratorium would be lifted as soon as the new dispensation became effective. That never materialised. The death sentence issue was dealt with in a game of political compromise. Criminal law and the esteem of the Government suffered as a result. Judicial frustration and uncertainty developed regarding application of the death sentence. The opportunity was seized by the abolitionists to attain their ideal. The Constitutional Court declared the death sentence unconstitutional. Presently a final Constitution is being drafted which will probably finally do away with the death sentence. An effective process of denigration of the death sentence thus resulted from the moratorium on executions. / Teregstellings is gedurende November 1989 gestaak. Op 2 Februarie 1990 het die Staatspresident 'n moratorium op teregstellings afgekondig. Vanaf 27 Julie 1990 het die Strafregwysigingswet, 1990, belangrike verstellings aan die materiele en prosessuele reg met betrekking tot die doodvonnis gemaak. Die "nuwe" doodvonnisbedeling is deur die howe toegepas. Die moratorium sou opgehef word sodra die "nuwe bedeling" op dreef was. Dit het nie gebeur nie. 'n Spel van kornprornie-politiek random die doodvonniskwessie het horn afgespeel. Die strafregpleging en die Regering se aansien het daaronder gely. Regterlike frustrasie het posgevat en regsonsekerheid oar die toepassing van die doodvonnis het ontstaan. Die geleentheid is deur die afskaffers aangegryp om hul ideaal te verwesenlik. Die Konstitusionele Hof het die doodvonnis ongrondwetlik verklaar. Tans word 'n finale Grondwet geskryf wat waarskynlik die doodvonnis gaan afskaf. 'n Effektiewe proses van aftakeling van die doodvonnis het dus sedert die moratorium op teregstellings plaasgevind. / Criminal & Procedural Law / LL. M.

Text in Afrikaans / In hierdie verhandeling onderneem die navorser 'n teoretiese en filosofiese studie, binne 'n penologiese perspektief, ten einde 'n ondersoek na korrektiewe toesig as 'n alternatiewe strafvorm te bepaa] • Kennis en insig wat sodoende ingesame] is, kan aangewend word om die stelsel in Suid-Afrika te hevorder. Hierdie verhandeling word verdeel in 'n inleiding oor die metodologie en akademjese verantwoording van die studiegebied van penologie, die rasionaal v1r die soeke na alternatiewe vir korttermyngevangenisstraf; die historiese aanloop vir die vestiging van korrektiewe toesig in Suid-Afrika, die funksionering van die korrektiewe toesigstelsel van Suid-Af rika, die funksionering van beide die basiese en intensiewe toesigstelsel (IPS) van die Staat. Georgia <VSA). Die verhandeling word afgesluit met 'n aantal aanbevelings ten opsigte van die toepassing van korrektiewe toesig. / In this dis se rL:i ti on the rPsea t·che r n nde rt.a kes a t heo ret ica l and philosophical study within a penological perspective in order to investigate correctional supPrvision as an alternative form of punishment. Knowledge and insight obtained in this way can be applied to promote this system in Sout_h Africa. The thesis is divided into an introduction relating to the methodology and the academic responsibility of the study area of penology, the rasionale for an alternative form of short term imprisonment, the historical backgro11n<l to the establishment of correctional supervision in South Africa, the functioning of correctional supervision in South Africa, the functioning of both the basic probation system and the intensive probation system in Georgia (USA). This thesis is concluded with a number of recommendations with regard to the implementation of correctional supervision. / Sociology / M.A. (Penology)

The purpose of this study was to investigate the Quiet Time Programme as a technique to maintain learner discipline in primary schools in Chatsworth, Durban. Data regarding the impact of the Quiet Time Programme on positive discipline was collected. Questionnaires were used to collect the data. Data was collected from principals, educators and learners. Three primary schools in Chatsworth were used. A quantitative research approach was used in this study. The empirical investigation revealed that there are many learner discipline issues that educators are faced with on a daily basis. The investigation also demonstrated the ineffectiveness of the alternatives to Corporal Punishment that are used at schools currently. This study introduced the Quiet Time Model. Principals, educators and learners revealed their perceptions of the Quiet Time Programme. The study concluded with the discussion of the major findings emanating from the data analysis. Recommendations have been provided to schools for drawing up their discipline policies. The role of the principals, parents, educators and learners play in creating an environment conducive to teaching and learning must be considered. Some techniques to keep all stakeholders interested and inspired in the implementation of new discipline techniques are provided. / Educational Management and Leadership / M. Ed. (Education Management)

The dissertation critically examines and compares the decisions of the Constitutional Court and the High Courts in cases dealing with the right to life, as contained in section 11 of the Constitution of South Africa Act 108 of 1996. The dissertation analysis the issues of adjudication and the concept of justice in perspective. The main question is as follows: Are the Constitutional Court decisions objective, based on the interpretation of the constitutional text, or do they rather reflect the individual judge(s) personal perspective(s) or preference(s). The purpose of this dissertation is to undertake a comparative study and analysis of the Constitutional Court decisions on the right to life, same aspect from different perspective, and show that the right to life is not given proper effect to on account of the subjective approach to its interpretation undertaken by the judges. It examines and scrutinises the Constitutional Court’s adjudication process. It found that the law is indeterminable, because the court’s decisions are not based on the interpretation of the law, but on the individual judges’ background and personal preferences. This is so because the court uses the majority rule principle in its decisions: The perception of the majority of the judges becomes a decision of the court. It is argued that when taking a decision a judge does not apply the law but instead uses the law to justify his predetermined decision on the matter. The conclusion supports the critical legal scholars’ theory relating to the indeterminacy of the law. It tests the objectivity of the judges using their own previous decisions. / Criminal & Procedural Law / LLM

Violence in traditional “satisfaction” atonement theologies is addressed here. An alternative non-violent view follows in discussion with Weaver / Heim. Weaver outlines a nonviolent Jesus narrative focussing on God’s rule made visible in history. Jesus’ saving death stems not from God but Jesus’ opposing evil powers. For viability violent biblical texts are disregarded. Church history interpretation is nonconventional. Early church is nonviolent. The subsequent Constantinian “fall” births the violent satisfaction model. Weaver’s problematical violence definition receives attention. Girard’s scapegoating philosophy and Jesus’ rescuing humankind from this evil undergirds Heim’s approach. Scapegoating establishes communal peace preventing violence. The bible is antisacrificial giving victims a voice. Jesus becomes a scapegoating victim, yet simultaneously exposes and reverses scapegoating, his death stemming from evil powers not God. Nonviolent atonement influences numerous theological concepts with Incarnational theology demonstrating Jesus’ humanness impacting upon atonement. Four ways to live out transformation established by Jesus’ saving work follow. / School of Humanities / MTH (Systematic Theology)

This limited scope dissertation deals with the protection against torture in international law. The mechanisms which have been established over the years to protect individuals against torture are analysed. The principles of international customary law dealing with torture and the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT) have been examined against the failure by States to honour their obligations under the Treaty and other legal normative rules. This required deep exploration of the definition of torture and how States can compromise the rule of law by manipulating the definition of torture as contemplated by the Treaty or other instruments. Examples from the former US government highlight the ways in which domestic laws can be used and are continued to be used to allow the use of torture. Measures by South Africa in joining the international community in the fight against torture are also discussed as a case study. While all efforts have been made by the South African system to adopt desirable frame works on the protection of individuals against torture, the lack of education on torture remains the down fall of the system. The dissertation clearly explains that universal jurisdiction applies in respect of torture and this is recognised by both treaty law and customary law. Indeed despite all the current measures in place the use of torture persists. The research clearly reveals that countries hide behind their own laws to perpetrate acts of torture. It is then recommended that proper implementation of the legal structures, informed of the objectives of the structures, is essential in completely eradicating torture. / Public, Constitutional, and International Law / LLM

This study focused on the schools of KwaDabeka Township in KwaZulu-Natal. This project explored the underlying reasons for and types of violence, as well as initiatives for violence prevention. This is a qualitative study; therefore it is located within the interpretive paradigm. A case study strategy was employed in which qualitative methods such as interviews, observations, document reviews, and journals were used to collect data. The findings suggest that besides ill-discipline and uncooperativeness by learners, criminals and thugs from outside schools pose a threat to the stability of schools. The findings also suggest that girls and young boys are victims of violence in schools. The research findings suggest that violence production in schools is shaped by socio-economic status of community where the school is in, as well as gender and masculinity. / Educational Leadership and Management / M. Ed. (Education Management)

Since the Department of Correctional Services has been transformed into an institution of rehabilitation and the promotion of corrections has become a societal responsibility, there is a new dimension to the classification system whereby offenders are separated according to their potential for treatment and training programmes. Research into offender classification as a tool to rehabilitate offenders in corrections was necessitated by the way in which assessment was used for classification. Corrections uses offender files as the only determinant of classification assessment. Simply investigating offender files and observing classification hearings does not reveal the full aspects of the character of the offender as an individual. Corrections does not use qualitative research to gain an understanding of real issues faced by the offender. The problems with classification are also quantity assessments that are too narrow. Most correctional institutions believe that better data and statistical analysis will in one way or the other improve the situation for offenders and correctional officials. Staffs have limited skills and lack the appropriate training to support the rehabilitation of offenders. This remains an obstacle to the delivery and transformation of the department and implies that there is ineffective treatment of offenders. The increasing dissatisfaction with treatment and rehabilitation services available to offenders in South African prisons can result in an increase in recidivism. All of the above are reasons why this research became important. The investigation contributes largely to scientific knowledge regarding the importance of classification for each individual within corrections. In this research the extent to which classification treatment rehabilitation arrangements are based on the concept of differential treatment is studied. This implies that offenders' needs and problems must be specific and treated on an individualised basis. This study focuses on classifying offenders as a means to rehabilitate them effectively. Particular emphasis will be placed on philosophical approaches, theoretical frameworks and the effectiveness of offenders' treatment through the utilisation of reliable assessment tools. This research was conducted through an extensive literature study by examining offender classification as a rehabilitation tool from a Penological perspective. International and national approaches as well as standards for the treatment of offenders and a range of rehabilitation programmes were also studied. / Department of Penology / M.A. (Penology)

This study explores and critically analyses the lived experiences of female inmates in six selected prisons in Cameroon. The study contributes to the available knowledge regarding prison conditions from the perspectives of female inmates– a subject which has been under researched globally and has received little attention from researchers in Cameroon. The Cameroon Penitentiary Regulation (CPR) professes to be gender neutral and, therefore, it ignores the special needs of female inmates. The central research question is: How do the national policies and laws on prison conditions in Cameroon relate to the lived and narrated experiences of female inmates? The study is informed by two major frameworks, namely, Foucault’s analytical framework from his seminal work Discipline and Punish (1977) and a feminist analytical framework, standpoint feminism, which fills the gap in Foucault’s thesis that is largely devoid of gender analysis. The study is qualitative, using in-depth interviews and observations. It involved a sample of 38 research participants, comprising 18 female inmates, 18 prison staff members and two NGO representatives. The findings reveal that both international and national ratified policies are merely “paperwork”, lacking effective implementation in the prisons selected for this study. There is a general lack of infrastructural facilities in prisons and this prevents classification as suggested by the CPR 1992 and ratified international instruments. In general, there was a lack of educational and other training facilities in all the prisons visited. The few educational facilities available were those supported by NGOs and FBOs, suggesting that, without their presence in prisons, prison conditions would have been even more appalling than the findings revealed. Torture and corporal punishment were meted out to female inmates, regardless of the regular visits by human rights organisations to prisons. There are no provisions made for conjugal visits in the prisons. Same-sex relationships exist in Cameroonian prisons, either because of sexual preference or as a substitute for heterosexual relationships. The reform of the dated CPR 1992 and the Cameroon Penal Code 1967 is essential. Such reform should take into consideration both the specific needs of female inmates and current debates on the imprisonment of women. / Sociology / D. Litt. et Phil. (Sociology)