Environmental Impact Assessments ("EIA") have been regulated for the last 12 years in South Africa, initially through the Environment Conservation Act 1989, and since 2006 through the National Environmental Management Act 1998 ("NEMA"). The former applied the standard of "substantial detrimental effect" to the environment in determining whether an authorisation should be granted. NEMA requires the authority to take into account environmental management principles. These principles inter alia require that development must be socially, environmentally and economically sustainable. This is also known as sustainable development ("SD"). Administrative officials tasked with considering EIAs have been given legislative direction with respect to the environmental issues which need to be assessed. They have been given no direction on how to assess socioeconomic issues. Notwithstanding this there have been an increasing number of decisions based on socio-economic factors, notwithstanding that the environmental impacts have been determined to be acceptable. In Fuel Retailers Association of South Africa v Director-General: Environmental Management, Department of Agriculture, Conservation and Environment, Mpumalanga Province and Others the Constitutional court held that SD must be applied by environmental authorities when they consider applications for EIA authorisation. However a careful analysis of NEMA and the Constitution of the Republic of South Africa, 1996, highlight that our administrators and courts have adopted a one dimensional and ultimately inaccurate interpretation of the application of SD. This is prejudicing the fulfilment of the objective of EIA, namely the determination of the acceptability of a project's environmental impacts. Whilst SD does have a role to play in the EIA process it is more defined, and does not take the central role the Constitutional Court has indicated. The aim of is to determine whether there are adverse impacts associated with a project. If there are, then ordinarily authorisation should be refused. However the authorities are enjoined to go a step further. They must determine whether the identified adverse impacts can be satisfactorily mitigated, and whether any positive socio-economic factors would accrue Page (iii) should the project be authorised. If both are answered in the affirmative, then a positive decision is appropriate. This is the balance which NEMA calls for, and this is the correct application of SD in an EIA. The broader application of SD espoused by the Constitutional Court is achieved not through the environmental authorities in the EIA process alone, but through the constitutional principle of cooperative governance. All authorities with an interest in a particular project must apply the principle of SD within the scope of their administrative functions. The environmental authorities consider the environmental impacts, the planning authorities consider the socio-economic impacts, the agricultural authorities determine the project's impacts on agricultural land, etc. The outcome of their individual decisions can then collectively be assessed to determine whether a project is sustainable or not. There are various measures which can be employed to address the interpretational deficiency which has now manifested. These include improving cooperative governance principles and practices in decisionmaking; undertaking strategic environmental assessments; and a dedicated Sustainable Development Act. / Dissertation (LLM)--University of Pretoria, 2011. / Centre for Human Rights / unrestricted

No abstract available / Dissertation (LLM)--University of Pretoria, 2013. / Centre for Human Rights / unrestricted

No abstract available / Dissertation (LLM)--University of Pretoria, 2013. / Mercantile Law / unrestricted

AFRIKAANS: Gedurende die Tweede Wêreldoorlog het die Suid-Afrikaanse Lugmag op verskeie fronte aktief aan die oorlog deelgeneem. Afgesien van maritieme operasies langs die Afrikaanse kus en die vervoer van personeel en voorrade in Afrika en Europa, het die Suid-Afrikaanse Lugmag in drie oorlogsarenas in Oos-Afrika, Noord-Afrika en die Middellandse Seegebied opgetree. Die vraag ontstaan egter: in hoe ‘n mate het die Suid-Afrikaanse Lugmag hulle van hul taak gekwyt? Was die operasies wat hulle uitgevoer het effektief en in welke mate het hulle ‘n bydrae tot die uiteindellke onderwerping van die Spilmoondhede gelewer? Om ‘n antwoord op hierdie vrae te kry, is die optrede van die verskillende Suid-Afrikaanse Lugmageskaders onder die loep geneem. Operasionele krygsvlugte is ontleed en die bydrae van die lugmag in die oorlog is na waarde geskat. Dit is dus duidelik dat dit hier nie bloot om ‘n chronologiese beskrywing van die rol van die Suid-Afrikaanse Lugmag gedurende die Tweede Wêreldoorlog gaan nie, maar veel eerder om ‘n evaluering van hulle werkswyse, operasionele vernuf en doelmatigheid. Nadat die bydraes van die onderskeie Suid-Afrikaanse eskaders ontleed is, het die ondersoeker tot die volgende slotsom geraak. In die eerste plek het die Suid-Afrikaanse Lugmag gedurende die oorlog tot ‘n gedugte gevegsmag ontwikkel wat die vyand die stryd op alle terreine met moderne toerusting sou aansê. In die tweede plek het die Lugmag 'n substantiewe bydrae tot die vernietiging van die Spilmoondhede se magte gelewer. In Oos- en Noord-Afrika sowel as in die Middellandse Seegebied het die Suid-Afrikaanse eskaders uitgemunt in die ondersteuning van land- en seemagoperasies terwyl hulle ook instrumenteel in die verkryging van lugsuperioriteit was. Dit was egter nie alleen die eskaders wat aan die oorlogsfront suksesvol was nie. Eweneens het eskaders belas met maritieme verkenningsvlugte en die vervoer van voorrade ook met eer uit die stryd getree. In sy wese handel dit in die geskiedenis om die verhaal van die mens: sy stryd, sy prestasies, sy oorwinnings; ook sy teleurstellings en sy nederlae. Dit is ook waar ten opsigte van die geskiedenis van die Suid-Afrikaanse Lugmag. Die tydperk onder bespreking gee egter meer blyke van prestasie as teleurstelling, meer blyke van oorwinning as nederlaag met betrekking tot werklike oor logsdeelname maar meer so betreffende persoonlike taakvervulling. Dit kan toegeskryf word aan individuele deursettingsvermoe, ywer, toewyding en idealisme ¬eienskappe wat dien tot herinnering maar ook tot besieling vir toekomstige geslagte. ENGLISH: The South African Air Force actively participated on different fronts during the Second World War. Apart from maritime operations along the African coast and the transport of personnel and material in Africa and Europe, they also operated in three theatres of war in East Africa, North Africa and the countries bordering the Central Mediterranean. However, the question now arises how effective these operations were and to which extent the South African Air Force contributed towards the ultimate destruction of the Axis Powers. To answer these questions the different operations of the Air Force Squadrons during the war were analized and evaluated. The researcher arrived at the following conclusions: In the course of the war the South African Air Force played a substantial role in the subjugation of the Axis Powers. In Eastern and Northern Africa, as well as in the Mediterranean area, the South African Squadrons excelled in assisting land and sea force operations while they were also instrumental in the attainment of air superiority. At the same time squadrons involved in maritime reconnaissance and transportation also took honours for their efforts. This magnificent record was achieved through supreme courage, fortitude and idealism on the part of the men and women involved. South Africa could therefore be justly proud of the more than 44 000 men who volunteered for service in the South African Air Force during the war. / Thesis (DPhil)--University of Pretoria, 2010. / Jurisprudence / unrestricted

This report describes a case study, in which the researcher investigated the integration of electronic interactive whiteboards (IWBs) into classrooms at a well-resourced South African high school. Consistent with the findings of other studies conducted to date, learners and teachers at the school generally believe that IWB technology enhances various aspects of the teaching-learning process. The frequency and nature of IWB use across the school was found to vary greatly between subject departments and from one user to the next within subject departments. In comparison to IWB use in schools overseas, as reported in the literature, general IWB utilisation was found to be relatively infrequent and superficial in nature, with only the basic features and capabilities being widely utilised. In terms of the progression models that have been proposed for IWB integration, it appears that, overall, this school has not advanced beyond the initial stage of integration described in each of the respective models. This study attempted to determine why such a well-resourced school has not progressed further with the integration of IWBs in the five years that have passed since IWB technology was first introduced there, in spite of the fact that the teachers appear to recognise the value of the technology and express the desire to improve their use of the IWB. Results suggest that the major factors responsible for retarding progress are inadequate training and the lack of time available for teachers to explore the potential of IWB technology and build up a bank of useful resources. These issues appear to be linked to inadequate research and strategic planning on the part of the school management team. In conclusion, this report proposes a strategy for the integration of information and communications technology (ICT) into South African high schools, with a view to promoting the integration of IWBs in the long term. The essence of the proposal is that teachers should make use of a data projector, which projects its image on to a conventional whiteboard writing surface. This approach would allow teachers to take advantage of the visual features of ICT they most readily recognise as beneficial when they first use IWB technology. The aim of this strategy would be to encourage teachers to improve their ICT skills and grow in confidence in the use of ICT in their lessons, while minimising the cost involved in allowing them to do so. Copyright / Dissertation (MEd)--University of Pretoria, 2010. / Science, Mathematics and Technology Education / unrestricted

Business-Information Technology (IT) convergence is increasingly becoming a source of competitive advantage in the global economy and its importance has been widely discussed and documented in recent years. The management question that remains unanswered is: what are critical success factors for business-IT convergence in the South African banking sector?This report seeks to explore critical success factors for business-IT convergence in the South African banking sector via a quantitative data analysis approach which aims to incorporate leading theories and frameworks on business-IT governance. In analysing the critical success factors for business-IT convergence, it attempts to provide the South African banking sector with recommendations that should be considered within the framework of a generic business-technology maturity model. Furthermore challenges to the value of business-IT convergence research, divergent views and new perspectives on business-IT convergence are presented.In the research, the motivation for business-IT convergence research is first discussed. Next, business-IT convergence is defined and key dimensions and levels of the business-IT convergence construct are presented. Lastly a review of factor models of business-IT convergence is presented and outcomes of assessment within the four banking clusters are presented.The goal is to be inclusive of many different perspectives. It is hoped that the research will spark helpful conversation on the merits of continued investigation of business-IT convergence. In closing, reflections on the business-IT convergence research stream are provided and key implications for research and practice are provided. / Dissertation (MBA)--University of Pretoria, 2012. / Gordon Institute of Business Science (GIBS) / unrestricted

In 2005 the Constitutional Court was faced with a challenge on the infringement of section 26 of the Constitution which provides for the right to housing, in sales in execution. The court had to determine whether selling a debtor's home for a trifling debt would be justifiable. However, the decision of the court brought about many questions if such a similar case was to be brought under insolvency law. The South African system provides little or no protection for debtors who may find themselves in a situation where they are unable to pay their debts and stand to lose their homes. The court provided guidelines that should be taken when a home of the debtor is to be sold thus preventing a blanket ban. The approach taken by the courts ensure that both the debtor and creditors interests are taken into account in order to reach a just and equitable decision. Many factors have to be considered such as interests of children, creditors and any other dependants in the case of one facing sequestration and the possibility of the home being sold. However, South African law does not provide for formal protection of the debtor's home unlike in other jurisdictions such as the United States of America and England. These jurisdictions have either provided for exemption or protection laws through legislation in which such laws provide for a debtor's fresh start. International human rights also have to be taken into account thus the need for updated legislation that conform to the values entrenched in the Constitution. The English system developed its legislation to provide for home protection through case law, a similar approach of which could be taken by South Africa to bring the insolvency law up to date. There is need for our insolvency legislation to provide for clearer guidelines that enable a debtor to have a fresh start in life at the same time ensuring that creditors' rights are not infringed on. The English system aims to provide for such balance as it provides for protection for a limited duration of time unless if the value of the home is of a low value then it is exempt. The South African courts have also considered the creditor's interests were the home is subject to security as there is re luctance on providing that such property be exempt or protected. The sanctity of a contract has to be honoured. / Dissertation (LLM)--University of Pretoria, 2012. / Mercantile Law / unrestricted

The aim of the study was to investigate and describe how the South African clothing industry ensures well-fitting garments to their target consumers. The study was approached from the viewpoint that, if body measurements of the population are not current and accurate, all other aspects such as block patterns, sizing systems, and fit and wear testing cannot contribute to the achievement of an acceptable or proper fit. The following procedures were followed: <ul> <li> Literature and research on body measurements and sizing systems were studied.</li> <li> A survey was conducted among clothing and footwear manufacturers and retailers in South Africa, to determine the use of body measurements, problems experienced with body measurements, and knowledge of body measurement descriptions, what the South African sizing system entails, how block patterns are generated and how fit and wear testing is done.</li> <li>The research strategy consisted of postal questionnaires to all respondents and structured interviews with selected respondents.</li> <li>A comparison was made between the international and the respondents’descriptions of body measurements, with regard to consensus among the different descriptions.</li> <li>The findings conclude that various outdated and unscientific practices result in many problems being experienced by the industry. A wide variety of body measurements are needed and are used in the South African clothing industry and an alarming number of problems exist with regard to these measurements, probably resulting in the lack of well-fitting garments that satisfy the South African consumer. The problems experienced with the key dimensions are particularly alarming because these measurements are so important in achieving good fit. The supply of good quality garments to their target customers seemed to be a very important consideration to the retailers and manufacturers, but they need help in solving the problems identified.</li> <li> Recommendations include the establishment of a national standard for identifying landmarks and exact methods of how the measurements should be taken on the body, before a much needed survey of the South African population can be undertaken.</li></ul> Copyright / Dissertation (MConsSc)--University of Pretoria, 2008. / Consumer Science / unrestricted

Our Criminal Law has experienced a new defence which was developed by our Courts, known as the defence of non-pathological criminal incapacity. This defence is grounded in the acceptance that the affective function, along with the cognitive and conative functions of a person, is to be considered to determine capacity of an accused. When the defence is raised the capacity of an accused person is not considered in the context of a person suffering from mental illness or mental defect. The South African society is characterised, like so many other, by rampant and violent domestic violence. In many of these cases, the consequences are fatal. Women are generally at the receiving end of domestic violence. Victims of domestic violence suffer various forms of trauma including emotional, physical and psychological as a result of abuse. When this abuse is protracted these victims are generally classified as battered women. These intimate killings by abused victims of their abusers have seen them rely on this defence. The extent this defence is relied on could be distinguished by the killings in situations confrontational and non-confrontational where the basis for the reliance is not of a mental nature. Recourse and ultimate acquittal for these victims turned accused exists in some foreign jurisprudence. In the matter of S v Eadie 2002 (1) SACR 663 (SCA) the Supreme Court took a swipe at provocation and the manner in which the Courts applied the principles thereof which consequently has an effect on the defence of non-pathological criminal incapacity. This judgment prevails and the stare decisis rule apply in the absence of a contrary ruling. This dissertation considers inter alia the origin, development through the cases, the validity of the defence, the position of the battered woman and concludes with its finding that the judgment in S v Eadie supra does not exclude such victims turned accused from reliance on this defence. Copyright / Dissertation (LLM)--University of Pretoria, 2012. / Public Law / unrestricted

Background: In addition to the influence of an individual’s socioeconomic status, the neighbourhoods in which people live may influence health-related behaviours including smoking. This study therefore sought to determine the influence of the socioeconomic context in which South African adults lived on their smoking behaviour, and explore the potential gender differences of contextual influences. Method: This study involved a representative sample of South African adults (≥16 years) who participated in the 2010 (n=3,112) and 2011 (3,003) South African Social Attitude Survey (SASAS). The 2009 General Household Survey (n =25,548 households) was used to obtain the socioeconomic characteristics of the neighbourhoods where SASAS participants lived, including proportion of households with access to tap water, access to flush toilets and the level of employment in the area (3-item deprivation index; α=0.84). Information obtained from SASAS included participants’ tobacco use status and socio-demographic characteristics, including participants’ self-rated socioeconomic position within the society. Data analysis included a multi-level Poisson regression analysis. Results: Of the respondents who participated in the 2010/2011 survey, 19.4% (n=1302) were current smokers (30% men and 9.8% women). Smoking was more prevalent among those living in areas in the upper-third socioeconomic status (SES) than in areas in the lower-third SES (22.9% vs. 13.5%; p= 0.01). The neighbourhood socioeconomic context had a greater influence on the prevalence of smoking among women than among men. In particular, the gender gap in smoking prevalence was higher among those living in areas in the lowest-third SES (24.6% men vs. 4.6% women) than among those in areas of highest-third SEP (31.5% men vs. 15% women). Overall, smoking was less likely among those with greater than high school education than among those with less than high school education (OR=0.68; 95%CI=0.56-0.82). Conclusion: The findings suggest a greater neighbourhood socioeconomic contextual influence on women than men and highlight the need for community-level interventions targeting the least educated living in areas of highest socioeconomic position in South Africa. Interventions and public health policies to decrease tobacco smoking should be developed with some neighbourhood-specific modifications and should also be actively implemented. / Dissertation (MPH)--University of Pretoria, 2015. / tm2015 / School of Health Systems and Public Health (SHSPH) / MPH / Unrestricted