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Public versus private enforcement of South African competition lawLewis, Kristin Elizabeth January 2017 (has links)
This dissertation will discuss the current process and procedure of enforcement of
competition law in South Africa. A distinction will be drawn between public enforcement and
private enforcement. This distinction will show which is the more predominant enforcement
method. For this purpose, a detailed discussion of the provisions in the Competition Act 89
of 1998 will follow.
The focus of the dissertation will thereafter shift to whether private enforcement is
reasonably possible and pursuable by members of the public in terms of South African
legislation. The rational for focusing on private enforcement will become clear through a
discussion of Nationwide Airlines (Pty) Ltd (in liquidation) v South African Airways (Pty) Ltd
2016 (6) SA 19 (GJ). By 2016, this case was only the second claim of its kind and the first
time a claim for damages based on a finding by the Tribunal had been litigated. The
discussion will articulate the process of how the matter reached the High Court and the
difficulties encountered in claiming damages.
Thereafter, a brief discussion on comparative law will be included. The chosen foreign law
is that of the European Union (“EU”). EU law was chosen as its competition law is well
established and has been in practice for longer than the South African equivalent. Emphasis
will be placed on the EU’s use of private enforcement and any lessons to be learnt in relation
thereto.
Finally, a conclusion will be reached on whether private enforcement is reasonably possible
and pursuable by a member of the public and whether there are any recommendations on
how private enforcement could be strengthened in South African law. / Mini Dissertation (LLM)--University of Pretoria, 2017. / Mercantile Law / LLM / Unrestricted
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Playing ball : the relationship between the state and FIFA in South Africa 2010Likaku, Yankho January 2018 (has links)
This qualitative study is based on literature from before, during, and after South Africa’s hosting of the 2010 Fédération Internationale de Football Association (FIFA) World Cup (2005 – 2014). The objective is: (1) to explore the relationship between one developing state, South Africa, and one supranational organisation, FIFA, in order to shed light on a pattern that seems to have become prevalent in the post-millennial world; (2) to explore how the shift in global politics at the end of the Cold War has affected how domination manifests in relations between states, but also between states and capitalist corporations. / Mini Dissertation (MA)--University of Pretoria, 2018. / Ancient Languages / MA / Unrestricted
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Congregational abuse towards clergy families : a pastoral care challengeLikhi, Leburu Leburu January 2018 (has links)
The purpose of this research is to help clergy families who have been hurt and been abused by congregation in their circuits. This is a sporadic in many churches, particularly in mainline churches. The study is dealing with clergy, minister and their families who have been attacked in the church chapel even in the manse. Most circuits when a clergy is sent to their circuits to sever, congregation thinks they own the church, they own the manse, they think they can do whatever they want, and abuse the clergy families.
This thesis will try to show kinds of leaders the church is having. It will also show how congregation are cruel and easing influence. What makes things worse is that the church faced with church discipline, most of the time clergies are many even today, there are clergies who are in the waiting list waiting for disciplinary hearings as they have been charged, and congregations lay their charges.
Since the researcher has been is the church for guide sometime, his experience let him to make a thorough study. It will also try to introduce and make the top leaders to deal with this kind of issue thoroughly. That is why most children of clergy families when growing up they are also wounded emotional
It is the wish of the researcher to equip church leaders and to help clergy families to deal with the congregational abuse. / Dissertation (MA (Theology))--University of Pretoria, 2018. / Practical Theology / MA (Theology) / Unrestricted
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A re-evaluation of calcium and phosphorous requirements for optimal performance and bone integrity of the Ross 308 broilerLinde, Deeva January 2018 (has links)
Calcium and phosphorus are vitally important macro minerals and are the most abundant minerals found in the broiler, playing a vital role in bone development and mineralisation. Phosphorus also plays an important role in growth as it is prevalent within nucleic acids, nucleotides, phospholipids and phosphorylated proteins. Considering the fast growth rate of the broiler and the rapid production cycles that the modern broiler is exposed to, it should be essential to have the correct levels of Ca and P in the broiler diet. There is a likelihood that nutritionists have been over supplementing these minerals due to the lack of understanding of their absorption rates and bioavailability and how they interact with each other. As a result very large safety margins are applied due to fear of causing deficiencies. As phosphorus is the third most expensive ingredient in a broiler diet, it would also be of economic advantage if the inclusion levels are dropped without negatively influencing performance and health. New research suggests that the Ca and P levels in a broiler diet can be safely reduced compared to the levels that nutritionists have been supplementing up to now.
The main objective of this study was to determine if feeding lower levels of Ca and P to broilers throughout the rearing period compared to the current South African industry standard for Ca and P inclusion levels (308 Ross Broiler management manual, 2009) would affect body weight gain and performance as well as bone mineralisation. Other objectives of the study were to determine if reducing Ca and P levels in finisher feed would compromise bone integrity and also to determine the effect of the interaction between Ca and P at various inclusion levels on requirement levels in the broiler in terms of growth performance, bone mineralisation, phosphorous excretion and profitability of broiler production. / Dissertation (MSc (Agric))--University of Pretoria, 2018. / Animal and Wildlife Sciences / MSc (Agric) / Unrestricted
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The challenges of value-added tax compliance provisions for non-profit organisations : an explorative studyBarnard, Isél January 2017 (has links)
The non-profit sector plays a vital role in addressing developmental challenges including poverty, unemployment and inequality. To enable the developmental mandate of the non-profit sector, Government incorporates tax reliefs in legislation as behavioural incentives. But, despite government's objective to create an empowering platform for NPOs through tax incentives, the legal framework for the taxation of non-profit organisations, especially in terms of VAT, is complex and multi-layered. The complexities of current legislation relevant to NPOs paired with the inherent limitation of financial and technical resources is limiting government's aim to create an enabling environment for these entities to flourish. The challenges are a result of both the inherent nature of the NPO sector as well as legislative challenges and shortcomings and includes limitations in terms of technical and financial resources, tax policy intent, classification of project activities, definition of income and related VAT treatment and claiming of inputs and allocation. / Die nie-winsgewende sektor speel 'n belangrike rol in die stryd teen ontwikkelingsuitdagings, insluitende armoede, werkloosheid en ongelykheid. Om die ontwikkelingsmandaat van die nie-winsgewende sektor te stimuleer, stel die regering deur wetgewing belastingverligting vir die sektor in. Maar ten spyte van die regering se doel om 'n bemagtigingsplatform vir die nie-winsgewende sektor te skep deur belasting vrystellings, is die wetlike raamwerk vir belasting van nie-winsgewende organisasies, veral ten opsigte van BTW, kompleks. Die kompleksiteite van huidige wetgewing in terme van BTW, wat gepaard gaan met die inherente beperking van finansiële en tegniese hulpbronne, beperk die regering se doel om 'n bemagtigende omgewing te skep vir hierdie entiteite om te floreer. Die uitdagings is die gevolg van beide die inherente aard van die nie-winsgewende sektor, sowel as wetgewende uitdagings en tekortkominge en sluit in beperkings ten opsigte van tegniese en finansiële hulpbronne, belastingbeleid, indeling van projekaktiwiteite, definisie van inkomste en verwante BTW-behandeling en aanspraak making op insette en toekennings. / Mini Dissertation (MCom)--University of Pretoria, 2017. / Taxation / MCom
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Essays on monetary policy and bankingLoate, Tumisang Bertha January 2018 (has links)
The size of the nancial sector in South Africa has grown signi cantly over the past
fi fteen years to now almost three times the size of the economy. Parallel to that
growth is the growth of the banking sector, speci cally the six commercial banks
that dominate the sector. This expansion has both monetary policy and financial
stability implications.
The objectives of this PhD are to: (1) study the importance of internal and
external variables for nancial stability; (2) determine the role of the structure
of the banking sector in the transmission of monetary policy and macroeconomic
shocks; and (3) understand financial stability in the context of both the South
African financial system structure and demographic dynamics.
We start with a cross-sectional analysis of how external and internal variables
affect local fi nancial stability. We fi nd that local variables such as credit, stock
market capitalisation and real exchange rate growth are better candidates for understanding
local fi nancial stability for both the high and the upper middle income
countries.
Next we explore monetary policy and financial stability in the context of the
South African banking system structure and socio-economic dynamics. An empirical
analysis of the bank lending channel indicate that the effect of monetary policy
is asymmetric - small banks are more affected by a contractionary monetary policy,
whereas the big banks can adjust their loan portfolios to cushion the effects. However,
these results (as well as the current South African literature) assume that the
transmission of monetary policy and the way the exogenous shocks are generated
have remained constant over time. We show that following the 2008 fi nancial crisis,
both the big banks and small banks became more responsive to a monetary policy
shock.
We then develop a dynamic stochastic general equilibrium model to analyse -
financial stability for the South African banking sector. The main elements to capture
the socio-demographic characteristics include banking and household heterogeneity.
We incorporate the relative consumption motive to capture the culture of "keeping
up with the Joneses" that has resulted in high consumption driven by debt. The
heterogeneity of the banking sector is motivated by the structure of the banking
sector, which has enabled the existence of the big and the small banks serving the
high-income and low-income households respectively. We calibrate the model using
South African data. Our model shows that liquidity injections in the presence of
the relative consumption motive increase loan demand whilst adverse shocks to the
banks' balance sheets have welfare effects, especially for low-income households. / Economics / PhD / Unrestricted
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Factors that influence the transition from high school to higher education : the case of the Junior Tukkie ProgrammeLombard, Johannes Phillipus January 2018 (has links)
The study investigated the factors that influence new students’ transition from high school to higher education. The research activities involved a case study of members of the JuniorTukkie Empowerment initiative (between 2009 and 2013). The study’s main objective was to identify the factors (academic and non-academic) and attributes (such as family background, socio-ecnomics status, prior higher education experience skills, abilities, etc.) that enabled new students to transit successfully and complete their first-year courses in one academic year. Accurate identification of such factors will in future benefit the JuniorTukkie initiative, whose programmes are designed to facilitate successful transitions from high school to tertiary education for prospective students.
The study’s theoretical framework prescribed the collection of quantitative (online questionnaire) and qualitative (focus-group interviews) data. The quantitative research phase involved 256 respondents, of which 47 members participated in the following qualitative research phase. A case study research design, focusing on the possible influential factors and students’ attributes during the transitional stage, allowed the researcher to gain a comprehensive understanding of nearly all aspects of the JuniorTukkie initiative’s programmes.
Almost all research participants had successfully completed their first-year studies in one year, securing the validity of obtained data. The findings revealed which factors significantly contributed to successful transitions and completion of first-year courses, and which factors were less influential.
This research revealed that the specific challenges associated with new students’ transitional experiences from high school to higher education necessitate the strategic intervention of initiatives (such as JuniorTukkies), whose responsibility it will be to implement a variety of programmes to address all academic and non-academic transitional factors. / Education Management and Policy Studies / PhD / Unrestricted
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A seasonal comparison of the gut microbiome of the Southern Lesser Galago Galago moholi (A.Smith 1836)Long, Channen January 2017 (has links)
Increased anthropogenic activities such as urbanisation and the bushmeat trade increase the
degree of contact humans have with non-human primates. Zoonotic pathogens have increased
the risk of disease emergence significantly. Non-human primates are major reservoirs of
zoonotic diseases. The close relatedness of primates, including humans, increases chances of
sharing harmful pathogens.
The gut microbiome has been shown to contribute substantially to the health of its host. The
composition of gut microbes is strongly affected by the diet of the host. The diet of the
Southern Lesser Galago (Galago moholi) shows vast changes throughout the seasons. With
the seasonal changes affecting diet and the continuous growth of human activities within their
natural habitats, there is a great risk for transmission of zoonotic pathogens to occur between
G. moholi and humans. This study investigated the effects that changes in season had on the
gut microbiome of the Southern Lesser Galago (G. moholi) in isolated populations.
In order to assess the gut microbiome, a next generation sequencing approach was taken. Ion
Torrent technology was used to sequence the 16S rRNA gene regions in order to quantify the
diversity and abundance of the bacterial taxa. The hypervariable regions of the 16S rRNA
gene were assessed in terms of the abundance and diversity of bacteria present.
The four major phyla present were Proteobacteria, Firmicutes, Bacteroidetes and
Actinobacteria. The results showed only slight significances in variation in the taxonomic
bacteria between seasons. However, the dominance of bacterial species from phylum
Proteobacteria in summer and phylum Firmicutes in winter were indicative of shifting diets.
Of the bacteria present, several potentially pathogenic genera were identified. The
hypervariable region V3 proved to be the most consistent after an assessment of the 16S
sequencing data from each individual. Conversely, hypervariable regions V2 and V9 proved
to be the least informative.
The results indicate the diversity and composition of the microbial community during
seasonal changes. These findings form a basis for future studies to assess gut health in
primate species. / Dissertation (MSc)--University of Pretoria, 2017. / Genetics / MSc / Unrestricted
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Adolescents' perceptions of family resilience in an absent father familyLouw, Johan Andries January 2018 (has links)
The literature reveals a vast gap in the functionality of South African families due to the absence of fathers. This study intended to identify adolescents’ perception of family resilience, which may help them to overcome being part of an absent-father family.
The current study used an interpretivist paradigm and qualitative research methodology. A case study research design was adopted as it helped to explore the phenomenon of family resilience as seen from the perspective of four male adolescents living in an absent-father family. The participants were selected purposively from a partner organisation in Mamelodi East, called Stanza Bopape Community Development Centre. Data collection involved two separate visits wherein four individual interviews, visual data, and a reflective journal were used. A third visit to the site included a group session, which included member checking.
Following the thematic analysis of data, the participants revealed that they strongly relied on grandparents for financial, social, cultural, and moral support, which contributed to their perception of family resilience. This study also indicates that grandparents, more often than not, took responsibility for raising the participants. The participants also indicated the school and surrounding community as being contributors to family resilience due to positive teacher influence, friendships at school, extramural activities, and other male figures. Furthermore, some fathers also seemed to further family resilience, even though they were removed from the participants’ family.
Based on the findings of the study, I can determine that family resilience in and around adolescents’ family will have a positive effect on their development amidst the adversity of being in an absent-father family. / Dissertation (MEd)--University of Pretoria, 2018. / Educational Psychology / MEd / Unrestricted
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School-based initiatives in support of the wellbeing of at-risk primary school learnersLouw, Lambertus Petrus Johannes January 2017 (has links)
The growing number of challenges related to cumulative risk, such as poverty, unemployment, hunger and HIV/AIDS, has distressing consequences for communities, schools, families, as well as individuals. As a result, there is a mounting need for psycho-social support provision to vulnerable youth in the South African context. In this country, the focus has increasingly moved towards communities taking responsibility themselves to address the challenges they face. Community-based coping (Ferreira, 2006) inevitably implies a prominent role by schools and teachers, who are key figures in any community.
Against this background, the current study set out to explore school-based support initiatives that exist in South African primary schools in at-risk contexts. More specifically, this study aimed to gain insight into how primary schools (teachers) can support the physical, emotional and psychosocial wellbeing of children. The following research question guided the investigation: How do school-based initiatives support the wellbeing of at-risk learners in South African primary schools?
Research was undertaken in eight schools situated in the Eastern Cape province, which have been involved in the STAR (Supportive Teachers Assets and Resilience) and FIRST-GATE (Food Intake and Resilience Support: Gardens as Taught by Educators) projects over recent years. I utilised interpretivism as meta-theory and followed a qualitative methodological approach applying participatory reflection and action (PRA) principles. I implemented, a case study research design, and generated and documented data by means of PRA-based activities and discussions, observation-as-context-of-interaction, field notes, a research journal and audio-visual techniques.
Following thematic inductive data analysis, I identified four themes with related sub-themes. Firstly, participants indicated the aims of school-based support in terms of raising awareness and preventing social problems; addressing problems and the manifestation of challenges; and early the identification of problems, referrals and providing support for accessing external help. Secondly, participants identified broad strategies for providing support which relate to collaboration and networking; establishing structures and committees at school; identifying and perusing fundraising opportunities; and encouraging parent/caregiver involvement at school. The third theme discuss additional role-players in the provision of school-based support, namely national government; local organisations, community members and volunteers; and people in helping professions. Finally, participants indicated specific areas of school-based support which relate to addressing the needs of learners; providing academic support; encouraging cultural awareness and creating recreational opportunities; and maintaining school infrastructure in support of healthy functioning.
Based on the findings I obtained, I can conclude that schools in South Africa strive to support learners by, for example, forming partnerships with parents, the local community and government in order to mobilise available support. In so doing, schools seek to create awareness of problems, identify learners who are at risk, make referrals, employ fundraising initiatives, establish committees and structures and promote programmes to address, and possibly prevent, social problems. / Dissertation (MEd)--University of Pretoria, 2017. / Educational Psychology / MEd / Unrestricted
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