From Introduction: It was a feature of South African political life to have senseless and continued political violence especially in areas such as KwaZulu Natal and Gauteng., There were certain places that were demarcated as "no-go areas" in other parts of the country for political rivals* This research has been directed by the cries of many South Africans pleading for political tolerance. Tolerance was a term used by both politicians and ordinary people alike and therefore open to misuse and various interpretations. As a term it was therefore without adequate clarification on its meaning. It is an attempt of this study to clarify and promote this value of tolerance. In Chapter One, the value of tolerance is examined. It is described as putting up with what is disliked or disapproved for the sake of others. But it is deliberate and is therefore a virtue. Positive attitudes, motives and power are central to tolerance. For tolerance to be sustained, solid foundations such as education, respect for others and their freedoms, democracy, justice, stability and reciprocity are to be laid. A light is also being shed on the limits of this virtue. Considerations and circumstances which need to be taken when deciding on each an action are the very motives and conditions for tolerance. This further makes the issue of tolerance to be complex. Church history shows that tolerance does not come naturally. It is a difficulty because of certain principles that are at stake. When viewed from the twentieth century perspective many of Church history's periods were of intolerance because the church had power. Tolerance was an exception, a plea of those without power. South Africa has to unlearn much of intolerance because of the past that militated against tolerance. Fortunately tolerance is now being firmly entrenched as law. Even though it is so, the tension of being tolerant and intolerant still exists especially in the whole area of abortion. Let us examine why tolerance is such a complex issue and a virtue to be promoted.

Public, Constitutional, & International / LLD

The Constitution of the Republic of South Africa guarantees the right of education to all citizens of the country. The Eastern Cape Department of Education went a step further by adopting a vision to ensure quality public education that will result in the positive transformation of all schools. Education is therefore a very important part of the life of any society and needs to be protected at all costs. It is therefore important that all obstacles in the way of providing quality public education be removed. It is no secret that the Eastern Cape Department of Education has had a number of battles with some of its social partners. These battles have negatively impacted on the education system. This Department also received the largest slice of the taxpayers’ money. It is time to take serious steps to halt the waste of time and resources. It is against this background that this study wanted to consider policies, procedures and practices that generated tension between the management and labour in the Eastern Cape Department of Education. It is my belief that if tension between the different social partners can be reduced, we would have gone a long way in achieving the vision of the Department of Education. The research methodology that was followed for this study comprised the following: • Literature was reviewed that dealt with labour relations and human resources. • A questionnaire was designed to collect information from the different participants. • The information in the questionnaire was incorporated into the main study where findings were identified and recommendations were formulated.

The purpose of this dissertation is to investigate the social protection, if any, afforded to migrant workers in South Africa. To accomplish this purpose, the ambit of the concept of ‘social protection’ is investigated and the legal status and different categories of migrant workers are probed. The strands of social protection identified and evaluated in the study are: • social assistance; • social insurance; and • labour security. Each of the categories that define the social protection afforded to migrant workers is examined. The ILO, UN and SADC have numerous standards and instruments dedicated to the extension of social protection as well as the protection of migrant workers globally. The Constitution of the Republic of South Africa, 1996, acknowledges that international law must be considered when interpreting the Bill of Rights. Furthermore, the courts must prefer a reasonable interpretation of legislation, consistent with international law. Each component of social protection, as well as migration, is regulated by different legislative instruments. South Africa has legislative instruments dedicated to the regulation of social assistance, social insurance and labour security. In South Africa, irregular migrants receive limited social protection. The South African courts have played a positive role in the development and broadening of the social protection afforded to migrant workers, especially in the form of labour security. The limitations in the legislative instruments that regulate labour security are being extended to give effect to the courts’ decisions. Most of South Africa’s neighbouring countries have some form of social protection, but other SADC countries can receive lessons from South Africa with regard to the development of social protection, specifically in the form of labour security. / Dissertation (LLM)--University of Pretoria, 2013. / gm2014 / Mercantile Law / unrestricted

Public, Constitutional, and International / LL. D.

LL.M. (Labour Law) / In this minor dissertation the author argues that the Constitution will fail to uphold its own fundamental values if the rights and obligations which it enforces remains stale and outdated. A supreme body of law needs to be one which is breathing and alive, and which may adapt to fundamental changes in society. In turn, it is will be suggested that, if the Constitution remains ineffectual, labour law (which seeks to uphold its values and vision) will in turn become ineffectual. The minor dissertation will therefore consider the following pertinent question: Will the inability of the judiciary to interpret labour law in a manner that furthers the fundamental values in the Constitution result in such legislation becoming ineffective? It will be submitted that in order to promote economic and labour development one must be mindful of the social fluctuations present in light of a constitutionally supreme state. It is also stated that, in order to avoid a deadlock of complicated and outdated labour legislation which becomes inflexible, the Legislature must allow the Judiciary to develop such law to the extent that is necessary for its continued existence insofar as it complies with the Constitution. Without a strong and adhesive method in developing labour practice, social, economic and technological advancements will fail. Labour legislation must therefore be adaptive and flexible. The judiciary must therefore be adaptive and flexible in their own application of such law. In turn the Constitution is theoretically adaptive too, and its premise is achieved through the promotion of effective labour legislation, specifically.

This thesis offers an original account of the South African Constitutional Court's reasoning in identifying unfair discrimination perpetrated by the state. I use this account to develop proposals for improving the Court's jurisprudence, in line with its stated aim of addressing patterns of group disadvantage. The Court's Harksen test for unfair discrimination makes dignity the touchstone for identifying this wrong. However, the Court has not explained what is required to prove a violation of dignity or how dignity fits with its concern for group disadvantage. I demonstrate that three necessary conditions must be satisfied for the Court to conclude that dignity has been violated: there must be a) unfavourable treatment on the basis of protected grounds; b) that threatens to create or perpetuate patterns of group disadvantage; and c) that lacks adequate justification. I also investigate important features of the Court's reasoning that have been overlooked in the existing literature, including its concern for messages expressed by discrimination and the fluctuating intensity with which it reviews justifications. Among my proposals for developing this reasoning, I argue that the Court should remove human dignity from the Harksen test and openly acknowledge the considerations doing the work in its decisions. I also provide a detailed critique of five of the Court's most controversial decisions where it found discrimination to be fair despite clear indications that it entrenched patterns of disadvantage. I show that in all five cases the Court applied an indefensibly weak intensity of review, falling below the baseline level of scrutiny which ought to be applied in unfair discrimination cases. I contend that consistent application of this baseline will help to make the Court better at preventing and addressing patterns of group disadvantage. I conclude with a restatement of the Harksen test that consolidates the Court's reasoning and my proposals.

Thesis (LL.M.)--Stellenbosch University, 2003. / ENGLISH ABSTRACT: In recognition of the socio-economic imbalances inherited from the past and the abject poverty experienced by many, the people of South Africa adopted a Constitution fully committed to protecting socio-economic rights and advancing social justice. Apartheid constituted a violation of every internationally recognised human right. Seen in this light the emphasis on socio-economic rights in the new South African Constitution represents a commitment to guarantee to everyone in society a certain minimum standard of living below which they will not be allowed to fall. As the Constitution recognises socio-economic rights as justiciable rights, they can be of assistance to those who are unable to support themselves when challenging the state for the non-delivery of basic services. The duty to deliver the services lies first with the state and the court becomes involved only once it is alleged that the state has failed to fulfil its duty. The primary purpose of the study is aimed at determining the effectiveness of the South African Human Rights Commission in monitoring court orders in respect of the implementation of socio-economic rights. Non-Governmental Organisations, involved in the promotion and protection of human rights including socio-economic rights, cannot be left out of the process. It is argued that where the Courts issue structural interdicts, which have of late been used by them, albeit not enough in the context of socio-economic rights, they are responsible for the implementation of such orders. It is also argued that the South African Human Rights Commission and NGOs must be enjoined to ensure that court orders are better implemented. Court orders in respect of socio-economic rights in almost all the cases to date were neither implemented nor monitored adequately. / AFRIKAANSE OPSOMMING: Ter erkenning van die sosio-ekonomiese ongelykhede wat post-apartheid Suid- Afrika geërf het en die volslae armoede waaraan talle Suid-Afrikaners onderwerp is, het die mense van Suid-Afrika 'n grondwet aanvaar wat verbonde is tot die beskerming van sosio-ekonomiese regte en die bevordering van maatskaplike geregtigheid. Apartheid het elke internasionaal-erkende mensereg geskend. Teen hierdie agtergrond verteenwoordig die klem op sosioekonomiese regte in die nuwe Suid-Afrikaanse grondwet 'n verbondenheid daartoe om vir elkeen in die maatskappy 'n bepaalde minimum lewensstandaard te waarborg, waaronder hulle nie toegelaat sal word om te sak nie. Aangesien die grondwet sosio-ekonomiese regte as beregbare regte erken, kan hierdie regte van nut wees vir mense wat hulself nie kan onderhou nie, as hulle die staat uitdaag omdat basiese dienste nie gelewer word nie. Die plig om dienste te lewer berus eerstens by die staat, met die gevolg dat die hof eers betrokke raak as die staat nie daarin slaag om sy plig te vervul nie. Die primêre doel van hierdie studie is om vas te stel hoe effektief die Suid- Afrikaanse Menseregtekommissie is met die monitering van hofbevele wat betrekking het op die verwesenliking van sosio-ekonomiese regte. Nieregeringsinstansies wat betrokke is by die bevordering en beserkming van menseregte, met inbegrip van sosio-ekonomiese regte, kan egter nie uit die proses gelaat word nie. In hierdie studie word aangevoer dat waar die strukturele interdikte gee, soos wat in die onlangse verlede gebeur het, selfs al is dit nie genoeg in die konteks van sosio-ekonomiese regte nie, hulle ook verantwoordelikheid is daarvoor dat sulke bevele uitgevoer word. Dit word verder gestel dat die Suid-Afrikaanse Menseregtekommissie en nieregeringsinstansies moet saamwerk om te verseker dat hofbevele beter uitgevoer word. Tot op datum is amper geen hofbevele oor sosio-ekonomiese regte bevredigend uitgevoer of genoegsaam gemoniteer nie.

M.A. / The most important thing in engaging myself in this research was to try and find out how Tshivenda is valued by the State, Private Enterprise, other language groups as well as by Vhavenda people themselves. The researcher came to a conclusion that Tshivenda is being marginalized. The Constitution of South Africa of 1996 is not being interpreted the way it should be. There is a need to put Tshivenda on an equal footing with the other ten official languages.

M.Comm. / Collective bargaining has undergone substantial changes in South Africa. Not alone have we seen dramatic political change but a totally new rule of law. The Interim Constitution was but the beginning. With the promulgation of Act 200 of 1994 a new era was entered into, not only for South Africa, but in particular, for collective bargaining in South Africa. With the final Constitution, Act 108 of 1996, taking effect on 4 February 1997, a new era arrived for collective bargaining. Since the passing of the Interim Constitution in 1994 there have been many changes. Various changes in the legislation occurred, amongst others, (a) the Act on National Economical Development and Labour, No. 35 of 1994, (b) the New Act on Labour Relations, No. 66 of 1995, (c) the New Act on Basic Conditions of Employment, the New Act on Public Holidays, No. 36 of 1994, (d) the Occupational Health and Safety Act, No. 85 of 1993, (e) the Compensation for Occupational Injuries and Diseases Act, No. 130 of 1993 and the like, have signalled the changes in the new collective bargaining arena. A vast amount of sections in the Constitution's Bill of Rights can be made applicable to collective bargaining. It makes one realise the importance of this subject. Section 23 of the Constitution entrenches the fundamental right of collective bargaining. This right is not only entrenched in the Constitution, but made practical under the new Labour Relations Act, Act. 66 of 1995. Of particular importance are the structures within which collective bargaining under the new Act are envisaged. The Communication sector, and in particular the Telecommunication sector in South Africa, finds itself in a very regulated environment. Exclusive rights have been granted to TELKOM for another four years, which was initially five years starting in 1997, and expiring in 2001. The Communication Workers' Union, the dominant union in the Telecommunication sector, is trying to expand its power base and is looking to gain control of the Telecommunication sector as a whole.