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The labour law consequences of a transfer of a business

  • Authors: Abader, Mogamad Shahied
  • Date: 2003
  • Subjects: Labor laws and legislation -- South Africa , Business enterprises -- Registration and transfer -- South Africa , Labor contract -- South Africa
  • Language: English
  • Type: Thesis , Masters , LLM
  • Identifier: vital:11057 , http://hdl.handle.net/10948/306 , Labor laws and legislation -- South Africa , Business enterprises -- Registration and transfer -- South Africa , Labor contract -- South Africa
  • Description: The burden that South African labour law has to bear in relation to the economy is very heavy by international standards. In most industrially developed countries, the economy is strong enough either to provide jobs for most work-seekers or, failing that, an adequate social security system for households without breadwinners in place. In most developing countries with high unemployment rates, the labour law system makes only perfunctory effort to reach out to those facing economic marginalisation. South Africa, essentially a developing country, is not like that. The legal system is strong, works off a firm human rights base, and sets out to grapple with the issues. That is how it should be, but it comes at a price – an oftengraphic exposure of the limits of the law in a stressed society. Businesses operate for profit and survival according to the unsentimental ways of the market, and employees back in a bid to save jobs, lifestyles and livelihoods. The stakeholders use power when they have it, and make claims on the law when they don’t. The legislation and the case law reflect, add to and, to a degree, shape the complexities of these contests, and no more so than in the area of business restructuring.1 The new South Africa has quickly become the destination for foreign investment. The weakness of the rand against the dollar, pound, euro and with the “cost to sell and produce” being so low against these currencies, players on the corporate stage constantly change their make-up and composition. The larger engulfs the smaller, one company buys shares in another, or buys it out entirely, or all or part of its assets, and others are liquidated. In all these situations, employees in South Africa may find themselves with new bosses on the morning after. Under common law employees in this situation were deemed to have been discharged by the former employer, whether or not they have been offered positions in the transformed structure. If they did not want to work under it, they could not be forced to do so. That was because an employment contract was deemed in law to be one of a personal nature that could not be transferred from one employer to another without the employees consent. This research is conducted at an interesting time, when the amendments to the Labour Relations Act 66 of 1995 in respect of the transfer of a business, and in particular section 197, dealing with such matters comes into effect. It is also interesting in the sense that most judgements of the Commission for Conciliation, Mediation and Arbitration (CCMA) and judgements of the Labour Court were moving more or less to a common approach or interpretation of section 197 of the Labour Relations Act 66 of 1995 (hereinafter “the LRA”). Section 197 of the LRA sought to regulate the transfer of a business as a going concern and altered the common law regarding the transfer of a business in two situations – firstly when there is no insolvency, factual or legal, concerned, and secondly in the instance where the transferor is insolvent. The first extreme was when an employer is declared insolvent and the contracts of employment terminated automatically. The second extreme was from the first whereby the employer has to terminate the services of his employees and be liable to pay severance pay in terms of section 1893 of the LRA, which has also been amended along with section 197 of the LRA. It is as if this section was introduced to remedy these extremes. These extremes will be dealt with in detail in this paper. The transfer of goodwill and assets from the seller to the buyer occurs when a business is sold as a going concern. At common law the employees of a business cannot be transferred in the same manner. The Labour Relations Act 66 of 1995 altered this position. By enacting this section the legislature wanted to protect the interest of the employees in such transactions. Whether the legislature has succeeded or not is a matter that will be dealt with in this paper. It is all dependent on the interpretation of this section by the commissioners and judges. By including section 197 in the LRA, the legislature’s intention was to resolve the common law problem where employment contract terminated upon the sale of a business, and this section was intended to be an effective tool for protecting the employment of employees. In order to understand the labour law consequences of the transfer of a business, it is important to understand the provisions of sections 197 and 197A of the Labour Relations Amendment Act 2002. This will be dealt with and each section will be discussed in detail using relevant case law and literature. In considering investing in a South African based company by way of purchasing a share of the company and giving it your own flavour, one has to carefully consider the effects of this transaction. Companies wishing to restructure, outsource, merge or transfer some of its operations will need to understand what the implications of the labour legislation will have on their commercial rationale. Section 197 regulates the employment consequences when a transfer of a business takes place. This is defined to mean the transfer of a business by one employer (the old employer) to another employer (the new employer) as a going concern. Business is defined to include the whole or part of the business, trade undertaking or service. Like the current provision, the new provision referrers to the transfer of a business. It is therefore a wider concept than the sale of a business.4 No attempt is made to define what constitutes a going concern and the controversial issue of whether an outsourcing exercise can constitute a going concern transfer is also not explicitly dealt with. The fact that a business is defined to include a service may be an indication that it was intended to typify outsourcing as a going concern transfer, but this is not necessarily the case.5 The amendments to the Act6 came into effect on 1 August 2002. Sections 197 and 197(A) of the Act consequently seeks to regulate the transfer of a business. These regulations will be dealt with individually and in a format that would make each of the sections in sections 197 and 197(A), easy to understand and interpret. It will also become clear as to what the implications of each of the subsections will have on that commercial rationale. The issues highlighted above will be dealt with detail in this paper giving an overview of the Common Law, the Labour Relations Act 66 of 1995 and the new Labour Relations Amendment Act 2002.
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  • Date Issued: 2003

The law relating to lock-outs

  • Authors: Madokwe, De Villiers Badanile
  • Date: 2003
  • Subjects: Strikes and lockouts -- Law and legislation -- South Africa , Labor laws and legislation -- South Africa , Dispute resolution (Law) -- South Africa
  • Language: English
  • Type: Thesis , Masters , LLM
  • Identifier: vital:11046 , http://hdl.handle.net/10948/298 , Strikes and lockouts -- Law and legislation -- South Africa , Labor laws and legislation -- South Africa , Dispute resolution (Law) -- South Africa
  • Description: The lock-out is accepted as a necessary element of collective bargaining. The law relating to lock-out is considered as a legitimate instrument of industrial action. There are a number of procedural requirements for a legal lock-out. The dispute should be referred to a bargaining council (or where there is no bargaining council with jurisdiction, to a statutory council) or, failing which, the Commission for Conciliation, Mediation and Arbitration. If the bargaining/statutory council or the commission fails to resolve the dispute, it is no longer required that a ballet should be brought out in favour of the contemplated lock-out before the lock-out could be legal: all that is required is that the period of notice of the intended lock-out is given. The lock-out may either be protected or unprotected. It is protected if it is not prohibited absolutely and the various procedural requirements have been complied with. The protected lock-out is immuned from civil liability. On the other hand a lockout will be unprotected if it does not comply with sections 64 and 65 of the Labour Relations Act, 1995. In the circumstances the Labour Court has exclusive jurisdiction to grant an interdict or order to restrain any person from participating in unprotected industrial action and to order the payment of just and equitable compensation for any loss attributable to the lock-out. Lock-outs are prohibited in specific instances and allowed with some qualifications in others. For example, employers engaged in the provision of essential or maintenance services are prohibited from locking their employees out in order compel them to comply with their demand. Such essential services are Parliamentary services, the South African Police Service and a service the interruption of which endangers the life, personal safety or health of the whole. A distinction is also drawn between offensive and defensive lock-outs. Defensive lock-outs involve the closure of an employer’s premises or the shutting down of its operations during industrial action initiated by workers. The offensive lock-outs, also known as “pre-emptive lock-outs”, amount to an employer initiated form of industrial iv action where the premises are locked and workers are excluded and prevented from working. The law relating to lock-out in South Africa is clearly put in its proper perspective by the interim Constitution of the Republic of South Africa 200 of 1993, final Constitution of the Republic of South Africa 108 of 1996, Labour Relations Act 66 of 1995 and in Ex Parte Chairperson of the Constitutional Assembly: In re Certification of the Constitution of the Republic of South Africa.1 However the situation is unsatisfactory to employers. The interim Constitution guaranteed the “right to strike” and “recourse to the lock-out”. Under the final Constitution lock-outs enjoy no direct protection. The Constitutional Court’s certification judgement rejects the view that it is necessary in order to maintain equality to entrench the right to lock-out once the right to strike has been included. The Constitutional Court concluded that the right to strike and the right to lock-out are not always and necessarily equivalent. However the purpose of the lock-out is to settle collective dispute of the ways permitted by the Labour Relations Act, 1995. The purpose is not to terminate the relationship between the employer and the employee. The employer may not, for example, dismiss employees finally at the end of an unsuccessful lock-out in order to avoid the consequences of impending strike action by the employees.
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  • Date Issued: 2003

The law relating to retrenchment

  • Authors: Van Staden, Leon
  • Date: 2003
  • Subjects: Employees -- Dismissal of -- Law and legislation -- South Africa , Downsizing of organizations -- Law and legislation -- South Africa , Dispute resolution (Law) -- South Africa
  • Language: English
  • Type: Thesis , Masters , LLM
  • Identifier: vital:11055 , http://hdl.handle.net/10948/304 , Employees -- Dismissal of -- Law and legislation -- South Africa , Downsizing of organizations -- Law and legislation -- South Africa , Dispute resolution (Law) -- South Africa
  • Description: Retrenchment, as a form of dismissal, is regulated by section 189 and 189A of the Labour Relations Act 1995. In order for a retrenchment to be fair, it must comply with both the substantive and procedural requirements stipulated in the Act. After an employee has proved the dismissal, the onus rests on the employer to comply with these two requirements by providing proof thereof. One of the most important procedural requirements that must be complied with by the employer is that the employer cannot merely make a decision to retrench. This decision may only be made once the employer, when contemplating a retrenchment, followed the lengthy consultation process as required in section 189. Recent amendments to section 189 introduced a distinction between a small and big employer and further between a large-scale and small-scale dismissal. If the employee is of the opinion that the employer did not comply with either the procedural or substantive requirements or both, he/she may refer such a dispute for conciliation and thereafter for arbitration or adjudication, according to a dispute resolution process contained in the Act, during which process certain remedies are available to the dismissed employee. The Labour Relations Act 1995 also introduced important amendments which have the effect that employees are allowed to, in certain circumstances, to strike over collective retrenchment disputes.
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  • Date Issued: 2003

The legal implications of rugby injuries

  • Authors: Viljoen, Erna
  • Date: 2003
  • Subjects: Rugby football injuries -- South Africa , Sports medicine -- Law and legislation -- South Africa , Rugby football players -- Legal status, laws, etc. -- South Africa
  • Language: English
  • Type: Thesis , Masters , LLM
  • Identifier: vital:11058 , http://hdl.handle.net/10948/332 , Rugby football injuries -- South Africa , Sports medicine -- Law and legislation -- South Africa , Rugby football players -- Legal status, laws, etc. -- South Africa
  • Description: Sports law in South Africa is a field requiring exciting and intensive research. With so many sporting codes changing their status to professional sport, intensive research on the legal implications pertaining to each professional sporting code has also become necessary. Professional rugby in South Africa has grown into a multimillion rand industry. It is an industry whose role players need specialized legal advice on a multitude of issues. This dissertation addresses the legal issues arising out of the situation where a professional player is injured, during practice or a game, due to the intentional or negligent action of another. The medico-legal aspects of rugby, relating to causation and proof of injuries are an indispensable element of proving liability where rugby injuries are concerned. These aspects are crucial in assessing the criminal and delictual liability of players, coaches, referees, team physicians and even the union concerned. The problem of rugby violence, causing injury, is addressed by both the criminal law and the law of delict with the issue of consent being central to this discussion. Furthermore, the labour law implications can be far-reaching for both the player and the employer union due to the unique features of sport as an industry. All role players in professional rugby will have to cooperate with the legal community to ensure that a practical body of law is established in order to make rugby a safer sport for all concerned and to protect the professional player from unnecessary, incapacitating injury.
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  • Date Issued: 2003

The nature and potential effect of the Labour Relations Amendment Act 2002

  • Authors: Conroy, Andrew Geddes
  • Date: 2003
  • Subjects: South Africa. Labour Relations Amendment Act 2002 , Labor laws and legislation -- South Africa
  • Language: English
  • Type: Thesis , Masters , LLM
  • Identifier: vital:11037 , http://hdl.handle.net/10948/292 , South Africa. Labour Relations Amendment Act 2002 , Labor laws and legislation -- South Africa
  • Description: It took 18 months of intensive negotiation at the Millennium Labour Council, NEDLAC and the Labour Portfolio Committee before the Labour Relations Amendment Act of 20021 completed its passage through Parliament, taking effect on 1 August 2002. Fifty-seven amendments to specific sections of the Labour Relations Act2 and its schedules cure some obvious anomalies in the original version. It is further apparent that the legislature has taken cognisance of the observations by judges and arbitrators, who voiced their criticism in respect of certain aspects of the original "Act". The amended "Act"3 does appear to be a genuine commitment by both business and organised labour to improve efficiency in the labour market, to promote employment creation and to protect vulnerable workers. Improved dispute resolution mechanisms, enforcement mechanisms and the resurgence of an unfettered discretion in awarding compensation go some way to improving the application of the "Act". The most dramatic amendments have taken place in the law regulating retrenchments by large employers, inclusive of the controversial introduction of a right to strike after retrenchments of this nature have been effected, and the regulation of the transfer of a business as a going concern and its impact on workers. Critics indicate that business and organised labour have subscribed to the package of amendments despite respective reservations and due to certain time constraints. The nett result is a package of amendments that could be described as failing to address, in certain respects, or intentionally overlooking, areas of the "Act" that have traditionally been shown wanting in the past. In the individual employment law sphere specifically, the failure to address the meaning of "benefits" in the definition of unfair labour practices; to allocate a precise meaning to the concept of the transfer of a going concern; or to regulate the conduct of employers when transferring employees, remain some of the areas for concern. It appears that the legislature has decided that certain issues should be resolved by the Labour Court, and ultimately the Labour Appeal Court, on a case-by-case basis rather than by legislative intervention. Whilst this approach has merit, it does present problems to those seeking to apply the provisions of the amended "Act" 5 in everyday practice. On the whole, the amendments do not, nor were they designed to, mark a major shift in the government's labour market policy. The changes clearly focus on correcting and clarifying sections of the "Act", which have resulted in unintended consequences, or lost touch with commercial reality, over the past seven years.
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  • Date Issued: 2003

The regulation of domain name disputes in South Africa

  • Authors: Nyachowe, Pasno N
  • Date: 2003
  • Subjects: Trademarks -- Law and legislation -- South Africa , Internet domain names -- Law and legislation , Internet domain names -- Law and legislation -- South Africa , Dispute resolution (Law) -- South Africa
  • Language: English
  • Type: Thesis , Masters , LLM
  • Identifier: vital:11050 , http://hdl.handle.net/10948/351 , Trademarks -- Law and legislation -- South Africa , Internet domain names -- Law and legislation , Internet domain names -- Law and legislation -- South Africa , Dispute resolution (Law) -- South Africa
  • Description: This treatise provides an overview of the procedures for the registration, regulation and protection of Internet domain names. An analysis of legal rules applicable to domain names and problems related to the protection of domain names in South Africa, United State, United Kingdom and internationally is undertaken. The problems includes cybersquatting, misuse of personal names, reverse domain hijacking, misuse of meta tags and keywords. The treatise established possible solutions applicable to South Africa by investigating how other countries have dealt with such problems, and further investigated the extent to which South African legislation is suited to deal with such problems. An investigation of the regulation in terms of the Electronic Communications and Transactions Act 25 of 2002 is briefly attempted, and proposals for the future on the South African domain name system suggested.
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  • Date Issued: 2003

The specification and design of a prototype 2-D MPEG-4 authoring tool

  • Authors: Viljoen, Deon Walter
  • Date: 2003
  • Subjects: MPEG (Video coding standard) , Digital video -- Standards , Multimedia systems
  • Language: English
  • Type: Thesis , Masters , MSc
  • Identifier: vital:11092 , http://hdl.handle.net/10948/d1015741 , MPEG (Video coding standard) , Digital video -- Standards , Multimedia systems
  • Description: The purpose of this project was the specification, design and implementation of a prototype 2-D MPEG-4 authoring tool. A literature study was conducted of the MPEG-4 standard and multimedia authoring tools to determine the specification and design of a prototype 2- D MPEG-4 authoring tool. The specification and design was used as a basis for the implementation of a prototype 2-D MPEG-4 authoring tool that complies with the Complete 2-D Scene Graph Profile. The need for research into MPEG-4 authoring tools arose from the reported lack of knowledge of the MPEG-4 standard and the limited implementations of MPEG-4 authoring tools available to content authors. In order for MPEG-4 to reach its full potential, it will require authoring tools and content players that satisfy the needs of its users. The theoretical component of this dissertation included a literature study of the MPEG-4 standard and an investigation of relevant multimedia authoring systems. MPEG-4 was introduced as a standard that allows for the creation and streaming of interactive multimedia content at variable bit rates over high and low bandwidth connections. The requirements for the prototype 2-D MPEG-4 authoring system were documented and a prototype system satisfying the requirements was designed, implemented and evaluated. The evaluation of the prototype system showed that the system successfully satisfied all its requirements and that it provides the user with an easy to use and intuitive authoring tool. MPEG-4 has the potential to satisfy the increasing demand for innovative multimedia content on low bandwidth networks, including the Internet and mobile networks, as well as the need expressed by users to interact with multimedia content. This dissertation makes an important contribution to the understanding of the MPEG-4 standard, its functionality and the design of a 2-D MPEG-4 Authoring tool. Keywords: MPEG-4; MPEG-4 authoring; Binary Format for Scenes.
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  • Date Issued: 2003

The subjective well-being and experience of life roles of white employed married mothers: a multiple case study

  • Authors: Evans, Amelia
  • Date: 2003
  • Subjects: Married women -- Employment -- South Africa -- Psychological aspects , Working mothers -- South Africa -- Psychological aspects , Self-Actualization (Psychology)
  • Language: English
  • Type: Thesis , Masters , MA
  • Identifier: vital:11019 , http://hdl.handle.net/10948/290 , Married women -- Employment -- South Africa -- Psychological aspects , Working mothers -- South Africa -- Psychological aspects , Self-Actualization (Psychology)
  • Description: The number of women who choose to combine careers and traditional roles as mothers has been increasing steadily over the last number of years. As a result, the subjective wellbeing of these women has been the focus of many research projects over the last number of years. Subjective well-being has been defined in various ways by different authors. One definition describes subjective well-being as people's evaluations of their lives, which includes happiness, pleasant emotions, life satisfaction, and a relative absence of unpleasant moods and emotions. The current study, which took the form of a multiple case study, attempted to explore and describe White employed married mothers’ subjective experience of their well-being. The study also explored these women's experiences of combining the roles of employee and motherhood. The sample was obtained through the snowballing technique, and both qualitative (in-depth interviews) and quantitative techniques (two questionnaires - the Satisfaction with Life Scale and the Beck Depression Inventory) were utilized. The analysis of the data that was gathered was done by means of thematic and content analyses.
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  • Date Issued: 2003

The validity of humanitarian intervention under international law

  • Authors: Beneke, Méchelle
  • Date: 2003
  • Subjects: Humanitarian intervention , Intervention (International law)
  • Language: English
  • Type: Thesis , Masters , LLM
  • Identifier: vital:11056 , http://hdl.handle.net/10948/305 , Humanitarian intervention , Intervention (International law)
  • Description: The study which follows considers the current approach to State sovereignty, use of force, and human rights, in order to determine the balance which exists between these concepts. A shift in this balance determines the direction of development of the concept of ‘humanitarian intervention.’ The investigation establishes that State sovereignty and certain human rights are at a point where they are viewed as equal and competing interests in the international arena. This leads to the question of whether or not the concept of humanitarian intervention has found any acceptance in international law. It is determined that the right to intervention rests exclusively with the United Nations Security Council. There are, however, obstacles to United Nations action, which necessitate either taking action to remove the obstacles, or finding an alternative to United Nations authorized action. The alternatives provided are unilateral interventions by regional organizations, groups of States or individual States, with interventions by regional organizations being favoured. The study further discusses the requirements which would make unilateral action more acceptable. These same requirements provide a standard against which the United Nations can measure its duty to intervene. Such an investigation was done by the International Commission on Intervention and State Sovereignty, and a synopsis of its Report and Recommendations are included. Finally, the question of responsibility is addressed. State and individual responsibility for two separate types of action are considered. The responsibility of States and individuals for initiating an intervention is considered under the topic of the crime of aggression. The responsibility of States and individual for exceeding the mandate of a legitimate intervention is considered under the heading of war crimes.
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  • Date Issued: 2003

Towards a new educational psychological model for learner support in South Africa

  • Authors: Pienaar, Christoffel Frederick
  • Date: 2003
  • Subjects: School psychologists -- South Africa , Educational psychology -- South Africa
  • Language: English
  • Type: Thesis , Doctoral , DEd
  • Identifier: vital:11012 , http://hdl.handle.net/10948/296 , School psychologists -- South Africa , Educational psychology -- South Africa
  • Description: This study presents a description of the development and history of learner support, as well as educational psychological leaner support, in South Africa. The role and function of the educational psychologist was researched through literature study and empirical research. It was found that whereas this pivotal profession is still vital in any educational system, the nature of contemporary society has necessitated a new dimension in educational psychological service delivery, namely systemic involvement. Guidelines for a new model for educational psychological learner support in the education dispensation are put forward. This model asks for the enlargement of the role of the educational psychologist to include assessment and support of all of the systems that play a role in the learner’s life.
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  • Date Issued: 2003

Using E-learning to support IT education in a university environment a case study approach

  • Authors: Taljaard, Marinda
  • Date: 2003
  • Subjects: Education, Higher -- South Africa -- Port Elizabeth -- Computer-assisted instruction , Internet in education , Information technology -- Study and teaching (Higher) -- South Africa -- Port Elizabeth , College teaching -- South Africa -- Port Elizabeth -- Computer network resources , University of Port Elizabeth
  • Language: English
  • Type: Thesis , Masters , MSc
  • Identifier: vital:11091 , http://hdl.handle.net/10948/d1015740 , Education, Higher -- South Africa -- Port Elizabeth -- Computer-assisted instruction , Internet in education , Information technology -- Study and teaching (Higher) -- South Africa -- Port Elizabeth , College teaching -- South Africa -- Port Elizabeth -- Computer network resources , University of Port Elizabeth
  • Description: At the University of Port Elizabeth (UPE), the End User Computing course (EUC) acts as a service course for many departments. This implies that many students are forced by their curricula to register for this course. The ever-increasing numbers in EUC place a considerable load on existing human and physical resources. In lecture groups of 120 –160, students rarely get the attention they need, and the pace at which the content is delivered (too slow or too fast) may also inhibit the learning process. During an initial investigation into E-learning at UPE in 1999, a prototype virtual classroom was developed. There were, however, a number of problems with this prototype. Firstly, it was implemented using a number of different technologies, which made it difficult to extend and maintain. Secondly, it only addressed some aspects of an E-learning environment, which proved insufficient for the EUC course. In the existing EUC course at UPE, the students are already exposed to some E-learning concepts, as a section of their skills training component is handled by using multimedia software in a simulated environment. The objective of this project was to extend the E-learning component further to determine the advantages and disadvantages of using E-learning to support information technology (IT) education in a contact-university environment. This project included a literature search and survey of existing E-learning environments at other universities. This research was used to develop a draft framework for an E-learning environment. The framework was used to select a tool to create an E-learning environment at UPE. An experiment was designed using this E-learning environment to support two IT courses at different year levels. The results of the experiment were analysed using qualitative and quantitative methods to determine the impact of using E-learning to support IT education at UPE. The results of this research show that E-learning can be used to support IT education at UPE. More success, however, was achieved at postgraduate level than at first-year level. Making use of Elearning increased student satisfaction and promoted active learning, while providing benefits like convenience, communication, flexibility and scaffolding. We conclude, therefore, that E-learning can provide a flexible approach to IT education in a university environment in the future.
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  • Date Issued: 2003

"Effulgent in the firmament" the politics of representation and the politics of reception in South Africa's 'poetry of commitment', 1968-1983

  • Authors: Mde, Vukani
  • Date: 2002
  • Subjects: South African literature -- Black authors -- History and criticism , Politics and literature -- South Africa -- History -- 20th century , Literature and state -- South Africa
  • Language: English
  • Type: Thesis , Masters , MA
  • Identifier: vital:10987 , http://hdl.handle.net/10948/288 , South African literature -- Black authors -- History and criticism , Politics and literature -- South Africa -- History -- 20th century , Literature and state -- South Africa
  • Description: This dissertation re-examines an era in the production and reception of English language poetry in South Africa by black writers. Intellectually the 1970's was the Black Consciousness phase of South African history and very few aspects of life in the country were untouched by the intellectual movement led by Steve Biko and other young black student leaders. The aesthetic and literary output of the time, like all other facets of South African life, exhibited the influence and pressures brought to bear by Black Consciousness. Moreover, the Black Consciousness poets introduced the most vibrant and innovative phase for English language poetry produced in South Africa. It is my contention, however, that such vibrancy and innovation has consistently been compromised by unsympathetic, often hostile, and almost-always ill-informed criticism. The dissertation offers a critique of the academic and journalistic practice of criticism in South Africa. I argue that critical practice in South Africa has been engaged throughout the twentieth century in the discursive enforcement of ‘discipline’. In his Discipline and Punish (1977) the French post-structuralist philosopher Michel Foucault demonstrated how power is wielded against oppressed/suppressed groups through self regulated proscriptions, and argued that power is a discursive rather than a corporeal phenomenon. My dissertation follows Foucault in reading the critical reception of Black Consciousness poetry as the practice of disciplinary power. The dissertation also engages critically with the poetry of Oswald Mtshali, Mongane Serote and Sipho Sepamla, and argues that their work is the inscription of black subjectivity into the literary and cultural mainstream. It situates their work within wider 6 societal debates and definitions of ‘blackness’. In this regard use is made again of Michel Foucault’s insights and methodology of discourse analysis as shown in The Archaeology of Knowledge (1972). I argue that Oswald Mtshali’s work is a failed attempt at a dissection of apartheid and colonialism from a broadly Christian and humanist perspective. In my reading of Mongane Serote I explore the relationship between women’s bodies and the practice of representation. It is my contention that Serote is most concerned with claims of belonging, and this is shown through his extensive use of the trope of ‘Mother’. My discussion of the poetry of Sipho Sepamla focuses on language and (self- )representation, particularly the use of practices of naming in constructing subjectivity. My contention is that Sepamla ultimately abandons attempts at representation in favour of oppositional self-construction in language. In the concluding chapter I defend the thesis that the politics of discipline have prevented the broad critical establishment from gaining access to these discursive constructions of blackness in the committed poetry of South Africa.
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  • Date Issued: 2002

A preliminary investigation into the patterns of performance on a computerized adaptive test battery implications for admissions and placement

  • Authors: Vorster, Marlene
  • Date: 2002
  • Subjects: Universities and colleges -- Admission , Advanced placement programs (Education) , Computer adaptive testing , Universities and colleges -- Entrance requirements
  • Language: English
  • Type: Thesis , Masters , MA
  • Identifier: vital:11030 , http://hdl.handle.net/10948/285 , Universities and colleges -- Admission , Advanced placement programs (Education) , Computer adaptive testing , Universities and colleges -- Entrance requirements
  • Description: The fallibility of human judgment in the making of decisions requires the use of tests to enhance decision-making processes. Although testing is surrounded with issues of bias and fairness, it remains the best means of facilitating decisions over more subjective alternatives. As a country in transition, all facets of South African society are being transformed. The changes taking place within the tertiary education system to redress the legacy of Apartheid, coincide with an international trend of transforming higher education. One important area that is being transformed relates to university entrance requirements and admissions procedures. In South Africa, these were traditionally based on matriculation performance, which has been found to be a more variable predictor of academic success for historically disadvantaged students. Alternative or revised admissions procedures have been implemented at universities throughout the country, in conjunction with academic development programmes. However, it is argued in this dissertation that a paradigm shift is necessary to conceptualise admissions and placement assessment in a developmentally oriented way. Furthermore, it is motivated that it is important to keep abreast of advances in theory, such as item response theory (IRT) and technology, such as computerized adaptive testing (CAT), in test development to enhance the effectiveness of selecting and placing learners in tertiary programmes. This study focuses on investigating the use of the Accuplacer Computerized Placement Tests (CPTs), an adaptive test battery that was developed in the USA, to facilitate unbiased and fair admissions, placement and development decisions in the transforming South African context. The battery has been implemented at a university in the Eastern Cape and its usefulness was investigated for 193 participants, divided into two groups of degree programmes, depending on whether or not admission to the degree required mathematics as a matriculation subject. Mathematics based degree programme learners (n = 125) wrote three and non-mathematics based degree programme learners (n = 68) wrote two tests of the Accuplacer test battery. Correlations were computed between the Accuplacer scores and matriculation performance, and between the Accuplacer scores, matriculation performance and academic results. All yielded significant positive relationships excepting for the one subtest of the Accuplacer with academic performance for the non-mathematics based degree group. Multiple correlations for both groups indicated that the Accuplacer scores and matriculation results contribute unique information about academic performance. Cluster analysis for both groups yielded three underlying patterns of performance in the data sets. An attempt was made to validate the cluster groups internally through a MANOVA and single-factor ANOVAs. It was found that Accuplacer subtests and matriculation results do discriminate to an extent among clusters of learners in both groups of degree programmes investigated. Clusters were described in terms of demographic information and it was determined that the factors of culture and home language and how they relate to cluster group membership need further investigation. The main suggestion flowing from these findings is that an attempt be made to confirm the results with a larger sample size and for different cultural and language groups.
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  • Date Issued: 2002

The concurrent jurisdiction of the Labour Court and the High Court

  • Authors: Wagener, Pieter Cornelius
  • Date: 2002
  • Subjects: South Africa. High Court , South Africa. Labour Court , Exclusive and concurrent legislative powers -- South Africa , Law, Interpretation and construction
  • Language: English
  • Type: Thesis , Masters , LLM
  • Identifier: vital:11051 , http://hdl.handle.net/10948/286 , South Africa. High Court , South Africa. Labour Court , Exclusive and concurrent legislative powers -- South Africa , Law, Interpretation and construction
  • Description: An overview is given of the difficulties surrounding the concurrent jurisdiction of the Labour Court and High Court The main categories of the jurisdictional dispute are identified and systemised. The main branches are those of statutory overlap and interpretation of statutes. Statutory overlap concerns matters remaining from the industrial court era, urgent applications, delict and law of contract. Statutory interpretation mainly involves the interpretation of provisions in the Bill of Rights of the Constitution. An overview of the principles of jurisdiction with respect to the different courts, as well as a brief historical review of the development of such jurisdiction is given. Particular attention is given to the role of fundamental rights in the Constitution. Broad principles are identified whereby the difficulties may be addressed.
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  • Date Issued: 2002

The effect of nutrient levels and ratios on the growth of Microcystis aeruginosa and microcystin production

  • Authors: Sember, Craig Stewart
  • Date: 2002
  • Subjects: Microcystis aeruginosa -- Toxicology , Nitrates , Microcystins
  • Language: English
  • Type: Thesis , Masters , MSc
  • Identifier: vital:11076 , http://hdl.handle.net/10948/287 , Microcystis aeruginosa -- Toxicology , Nitrates , Microcystins
  • Description: This study reports the findings on the effect of nitrates and phosphates on the biomass and toxin production of various strains of the unicellular non-nitrogen fixing cyanobacterium, Microcystis aeruginosa. The occurrence of blooms of Microcystis aeruginosa and microcystin in freshwater impoundments across the globe has been on the increase lately due to increased levels of eutrophication, resulting in human and animal deaths and illness, as well as drinking and recreational water foulment. A range of environmental factors have been shown to effect growth and microcystin production. Existing literature however is somewhat contradictory as to the effects of these physical and chemical factors on toxin production. Therefore Microcystis aeruginosa strains were cultured under batch and continuous conditions to determine the effect of nitrate and phosphate concentrations and ratios on biomass and toxin production. Cultures were analysed with regards to internal nutrient stores, biomass production, nutrient depletion, photosynthetic efficiency and microcystin production. Results showed that microcystin production correlated to growth rate, photosynthetic efficiency and internal nitrogen stores and that an optimal N:P ratio was associated with microcystin levels, growth rate and photosynthetic efficiency. Results therefore led to the conclusion that the nitrogen, carbon, and phosphate balance within the cell is closely associated with microcystin production. Whether or not microcystin is produced to maintain this balance or produced as a function of this balance remains to be determined.
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  • Date Issued: 2002

The effect of selenium in the detoxification of the microcystin hepatotoxins

  • Authors: Downs, Kerry
  • Date: 2002
  • Subjects: Cynaobacterial toxins , Microcystins , Selenium
  • Language: English
  • Type: Thesis , Masters , MSc
  • Identifier: vital:11070 , http://hdl.handle.net/10948/284 , Cynaobacterial toxins , Microcystins , Selenium
  • Description: Blooms of cyanobacteria have been known to cause illness in humans and death in wild and domestic animals. One of the toxins produced by cyanobacteria is microcystin, which is a potent hepatotoxin. Microcystin is taken up by bile acid transporters in the intestine and transported into the liver. After exposure to acute doses of microcystin, severe haemorrhage has been observed along with apoptotic and necrotic hepatocytes. The cytoskeletal structure of the hepatocytes is disrupted and oxidative stress is induced. Selenium, a known anti-oxidant, has been shown to induce increased activity of glutathione peroxidase. Glutathione peroxidase removes peroxides from cells protecting them from oxidative stress. This study set out to determine if selenium could play a role in preventing the damage to mice livers due to microcystin toxin. The protective role of selenium was explored in three main studies: in the first study, the ability of selenium to increase the survival time of mice exposed to a lethal dose of toxin was determined. In the second study the mice were exposed to sublethal chronic doses of toxin over 30 days. The ability of selenium to minimise liver damage under these conditions was determined. The final study investigated the mechanism of the protective effect of selenium. The results of the first study suggested that selenium could extend survival time. In the second study the selenium supplemented mice showed a reduction in the extent of the increase in liver weight and a decrease in the amount of lipid peroxidation induced compared to the mice that received only toxin. The histology of the selenium supplemented mice also showed a decrease in the severity and amount of morphological changes in the liver. The third study indicated that the protection shown by selenium might be mediated by an increase in the glutathione peroxidase (GPX) activity in selenium supplemented mice. This increase in GPX activity would increase the removal of the lipid hydroperoxides and prevent the damage they would cause in the cell. A further result indicated an increase in glutathione S-transferase in only the toxin control mice when compared to the selenium supplemented and control mice. ii In conclusion selenium offers protection against microcystin but further studies need to be done to provide statistically valid results to clarify the level of protection.
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  • Date Issued: 2002

The immobilization of Microcystis aeruginosa PCC7806 on a membrane nutrient-gradostat bioreacator for the production of the secondary metobolites

  • Authors: Strong, Peter James
  • Date: 2002
  • Subjects: Microcystis aeruginosa , Myrocystins , Bioreactors
  • Language: English
  • Type: Thesis , Masters , MSc
  • Identifier: vital:11083 , http://hdl.handle.net/10948/283 , Microcystis aeruginosa , Myrocystins , Bioreactors
  • Description: A module and an inoculation technique were developed that would allow for the efficient immobilization of Microcystis aeruginosa PCC7806 on a synthetic membrane. A variety of module types, membranes (ceramic, tubular polyethersulfone and externally skinless polyethersulfone capillary membrane), and methods of immobilization (adsorption, pressure filtration and a developed technique that involved drying a cell slurry on a membrane) were assessed. The morphological properties that affected the immobilization of Microcystis aeruginosa PCC7806, as well as the effects of immobilization upon cell morphology were assessed. Cells in the stationary growth phase, which had a well-developed extra-cellular polysaccharide layer and no gas vesicles, were optimal for immobilization. Microcystin production under immobilized conditions was assessed under different nitrate concentrations, light intensities, biofilm thickness and immobilization times. Additional work included assaying for Microcystin production of two airlift-grown cultures under a high light intensity and complete nutrient deprivation and the inoculation of a ceramic membrane. An immunological technique was used to elucidate where toxin production was greatest within a biofilm immobilized upon an externally skinless polyethersulfone capillary membrane. The externally skinless polyethersulfone capillary membrane was evaluated to assess homogeneity and the physical differences between membrane batches that led to the erratic, incomplete biofilm formation, as a biofilm of a constant thickness could not be immobilized. Microcystis aeruginosa PCC7806 was exposed to a variety of solvents in order to permeabilize the cyanobacteria, as that would have enabled a truly continuous extraction process for the metabolite. FDA hydrolysis had to be optimized in order to use it as an indicator of cell viability. In addition a single-step extraction of Microcystin was attempted using live bacteria. A capillary membrane module, containing the externally skinless polyethersulfone capillary membrane, inoculated using pressure filtration, was the most efficient combination to establish a biofilm. Cells that were no longer actively dividing and that lacked buoyancy displayed superior immobilization to cells that were actively dividing and buoyant. The immobilized cells did produce Microcystin but in much lower concentrations to cells grown in an airlift culture. Biofilms grown with a higher nitrate concentration, a lower biofilm thickness and a lower light intensity had a higher specific microcystin content, while biofilms with a higher nitrate concentration a lower light intensity and a longer growth period displayed the a greater toxin production per mm2 of membrane. Microcystin occurred at its highest concentration in cells just above the pore opening. The diffusion of nutrients occurred relatively quickly to the outside layers of the biofilm, with a true gradient being established laterally from these nutrient veins that were above the pores. Permeabilization of the cells proved unsuccessful, as cells that remained viable did not release the intracellular compound into the surrounding medium.
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  • Date Issued: 2002

The medicinal chemistry of the isomers of the cyclic dipeptide: cyclo(Trp-Pro)

  • Authors: Jamie, Hajierah
  • Date: 2002
  • Subjects: Pharmaceutical chemistry , Cyclic compounds
  • Language: English
  • Type: Thesis , Doctoral , PhD
  • Identifier: vital:11023 , http://hdl.handle.net/10948/281 , Pharmaceutical chemistry , Cyclic compounds
  • Description: The isomers of cyclo(Trp-Pro) (cyclo(L-Trp-L-Pro), cyclo(L-Trp-D-Pro), cyclo(D-Trp-LPro) and cyclo(D-Trp-D-Pro)) have been successfully synthesized and screened for biological activity. High percentage yields were obtained by using the three phase synthesis system, which involves the synthesis of the intermediate protected linear dipeptides, followed by the removal of the protecting Boc groups. This step is followed by cyclization and crystallization of the isomers. The diketopiperazines rings of cyclo(L-Trp-L-Pro) and cyclo(D-Trp-D-Pro) contain cisamide bonds, while cyclo(L-Trp-D-Pro) and cyclo(D-Trp-L-Pro) contain trans-amide bonds. These bonds govern the conformation of the diketopiperazines ring. The isomers have shown different degrees of biological activity, possibly as a result of the orientation of the side chain of tryptophan and this difference in conformation, leading to varying interactions between isomer and a range of receptors. Under experimental conditions, 10-3 M cyclo(L-Trp-D-Pro) and cyclo(D-Trp-L-Pro) showed effective anticancer activity against the cervical cancer cell line, HeLa, resulting in a <50% reduction in cell viability. Cytotoxicity screening with cyclo(D-Trp-L-Pro) indicated that it was hepatocyte-specific in its toxicity, whilst the other isomers were cytotoxic against the other cell types tested. At 1mg/ml, cyclo(L-Trp-L-Pro) proved to be an effective antimicrobial agent against Gram positive bacteria, while cyclo(L-Trp-DPro) effectively inhibited the growth of the Gram negative bacteria, Esherichia coli. Cyclo(D-Trp-L-Pro) proved to be effective against Streptococcus, while cyclo(D-Trp-DPro) effectively reduced viability of the yeast, Candida albicans. Cyclo(D-Trp-L-Pro) was the only isomer to show Ca2+-channel antagonism, whilst the other isomers resulted in opening of the Ca2+-channel. No effects were observed on K+-channel activity for all the isomers tested. The isomers also proved to be valuable antiarrhythmic agents by effectively reducing the time spent in ventricular tachycardia and arrhythmia, as well as decreasing the time for the heart rate to return to a normal sinus rhythm. Furthermore, cyclo(L-Trp-D-Pro) showed positive chronotropic activity, while cyclo(D-Trp-L-Pro) ii showed negative chronotropic activity. In addition, cyclo(L-Trp-D-Pro) and cyclo(D-Trp- L-Pro) also increased the coronary flow rate. 0.125 –1 mM Cyclo(L-Trp-D-Pro) decreased aggregation in washed platelets induced by thrombin. All isomers increased adhesion to an artificial surface when the platelets were stimulated by ADP, yet caused reduced adhesion when the platelets were stimulated by thrombin. These results prove the potential of these compounds as novel agents in a range of biological fields, indicating that a combination of L- and D- amino acids may prove more effective than an agent consisting solely of L-amino acids.
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  • Date Issued: 2002

The variation of conditions of employment

  • Authors: Horo, Lindile
  • Date: 2002
  • Subjects: Labor laws and legislation -- South Africa , Labor disputes -- South Africa , Collective bargaining -- South Africa
  • Language: English
  • Type: Thesis , Masters , LLM
  • Identifier: vital:11043 , http://hdl.handle.net/10948/282 , Labor laws and legislation -- South Africa , Labor disputes -- South Africa , Collective bargaining -- South Africa
  • Description: This paper seeks to bring clarity to a number of issues that arise from a process resulting from the unilateral variation of terms and conditions of employment and the conflict management and dispute resolution processes. The variation of employment terms particularly when it is driven by one party to the employment relationship can cause instability, insecurity, confusion and uncertainty to the parties involved. The nature of work is not constant and therefore changes are inevitable. This then has an effect of bringing disorder not only to the employer-employee relationship but also to the labour relations balance. In many instances and depending on whether it is the employer or employee who propagates the changes, the reasons to alter the conditions are different. Employers usually cite operational or economic reasons that are meant for the survival of the business as the need to make the changes. From the employees’ side the changes are necessitated by reasons aimed at a move from protecting the favourable employment conditions already acquired to improving them or attaining more. In the event that the parties to the employment relationship do not agree to the changes proposed and implemented, a dispute usually arises. This results from the failure of a consultation process, negotiations, persuasion or collective bargaining in general. In essence such a dispute arises from absence of consent to the changes. The failure of a bargaining system requires the process to assume a new nature. The dispute resolution systems and the conflict management systems follow as both the appropriate and necessary steps. The bargaining power together with the intervention of the third party is at the centre of this phase. The parties, depending on the nature of the dispute, the conditions that iv are changed and who are affected by the changes, have choices on what dispute resolution mechanisms to employ. The choice made has a huge impact on both the outcome required in the form of recourse, how the dispute will be resolved or how the conflict will be managed. There is legislative intervention with regards to the resolution of the conflictual scenarios that arise from disputes on unilateral variation of terms and conditions of employment. There are also non-statutory measures available to the parties. The choices are vast as to when can the variation take place, the reasons for the changes, the parties involved, the possible dispute resolution mechanisms, what can be varied and whether the unilateral implementation can be viewed as fair.
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  • Date Issued: 2002

Studies on the kallikrein-kininogen system of the ostrich (Struthio camelus)

  • Authors: Bothma, Leonard Frederick
  • Date: 2001
  • Subjects: Kallikrein , Kinins , Ostriches
  • Language: English
  • Type: Thesis , Masters , MSc
  • Identifier: vital:11067 , http://hdl.handle.net/10948/275 , Kallikrein , Kinins , Ostriches
  • Description: Ostrich organs/tissue/fluids were screened for plasma kallikrein-like, tissue kallikrein-like and tonin-like activity in a continuous-fluorogenic-assay system using Pro-Phe-Arg-7-amino-4-methylcoumarine, Phe- Arg-7-amino-4-methylcoumarine and Val-Leu-Arg--7-amino-4-trifluoro-methylcoumarine as substrates. Ostrich liver and kidney showed the highest specific plasma kallikrein-like activity. Ostrich adrenal glands and kidney showed the highest specific tissue kallikrein-like and tonin-like activity. Ostrich high molecular weight kininogen was purified from plasma and low molecular weight kininogen was partially purified. The N-terminal amino acid sequences of both high- and low molecular weight kininogens from ostrich plasma were determined. Ostrich plasma high molecular weight kininogen was purified as a 118 kD protein. The purified high molecular weight kininogen inhibits the cysteine proteinase papain at a ratio of one molecule HKG to two molecules of papain. Ornitho kinin-like molecules were detected in ostrich urine using reverse phase HPLC.
  • Full Text:
  • Date Issued: 2001
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