Search results for: South African criminal justice system
Commenced in January 2007
Frequency: Monthly
Edition: International
Paper Count: 20811

Search results for: South African criminal justice system

20361 Assessing the Role of Failed-ADR in Civil Litigation

Authors: Masood Ahmed

Abstract:

There is a plethora of literature (including judicial and extra-judicial comments) concerning the virtues of alternative dispute resolution processes within the English civil justice system. Lord Woolf in his Access to Justice Report ushered in a new pro-ADR philosophy and this was reinforced by Sir Rupert Jackson in his review of civil litigation costs. More recently, Briggs LJ, in his review of the Chancery Court, reiterated the significant role played by ADR and the need for better integration of ADR processes within the Chancery Court. His Lordship also noted that ADR which had failed to produce a settlement (i.e. a failed-ADR) continued to play a significant role in contributing to a ‘substantial narrowing of the issues or increased focus on the key issues’ which were ‘capable of assisting both the parties and the court in the economical determination of the dispute at trial.’ With the assistance of empirical data, this paper investigates the nature of failed-ADR and, in particular, assesses the effectiveness of failed-ADR processes as a tool in: (a) narrowing the legal and/or factual issues which may assist the courts in more effective and efficient case management of the dispute; (b) assisting the parties in the future settlement of the matter. This paper will also measure the effectiveness of failed-ADR by considering the views and experiences of legal practitioners who have engaged in failed-ADR.

Keywords: English civil justice system, alternative dispute resolution processes, civil court process, empirical data from legal profession regarding failed ADR

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20360 Avoiding Medication Errors in Juvenile Facilities

Authors: Tanja Salary

Abstract:

This study uncovers a gap in the research and adds to the body of knowledge regarding medication errors in a juvenile justice facility. The study includes an introduction to data collected about medication errors in a juvenile justice facility and explores contributing factors that relate to those errors. The data represent electronic incident records of the medication errors that were documented from the years 2011 through 2019. In addition, this study reviews both current and historical research of empirical data about patient safety standards and quality care comparing traditional healthcare facilities to juvenile justice residential facilities. The theoretical/conceptual framework for the research study pertains to Bandura and Adams’s (1977) framework of self-efficacy theory of behavioral change and Mark Friedman’s results-based accountability theory (2005). Despite the lack of evidence in previous studies about addressing medication errors in juvenile justice facilities, this presenter will relay information that adds to the body of knowledge to note the importance of how assessing the potential relationship between medication errors. Implications for more research include recommendations for more education and training regarding increased communication among juvenile justice staff, including nurses, who administer medications to juveniles to ensure adherence to patient safety standards. There are several opportunities for future research concerning other characteristics about factors that may affect medication administration errors within the residential juvenile justice facility.

Keywords: juvenile justice, medication errors, psychotropic medications, behavioral health, juveniles, incarcerated youth, recidivism, patient safety

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20359 Collective Redress in Consumer Protection in South East Europe: Cross-National Comparisons, Issues of Commonality and Difference

Authors: Veronika Efremova

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In recent decades, there have been significant developments in the European Union in the field of collective consumer redress. South East European countries (SEE) covered by this paper, in line with their EU accession priorities and duties under Stabilisation and Association Agreements, have to harmonize their national laws with the relevant EU acquis for consumer protection (Chapter 28: Health and Consumer). In these countries, only minimal compliance is achieved. SEE countries have introduced rudimentary collective redress mechanisms, with modest enforcement of collective redress and case law. This paper is based on comprehensive interdisciplinary research conducted for SEE countries on common principles for injunctive and compensatory collective redress mechanisms, emphasizing cross-national comparisons, underlining issues of commonality and difference aiming to develop recommendations for an adequate enforcement of collective redress. SEE countries are recognized by the sectoral approach for regulating collective redress contrary to the majority of EU Member States with having adopted horizontal approach to collective redress. In most SEE countries, the laws do not recognize compensatory but only injunctive collective redress in consumer protection. All responsible stakeholders for implementation of collective redress in SEE countries, lack information and awareness on collective redress mechanisms and the way they function in practice. Therefore, specific actions are needed in these countries to make the whole system of collective redress for consumer protection operational and efficient. Taking into consideration the various designated stakeholders in collective redress in each SEE countries, there is a need of their mutual coordination and cooperation in order to develop consumer protection system and policies. By putting into practice the national collective redress mechanisms, effective access to justice for all consumers, the principle of rule of law will be secured and appropriate procedural guarantees to avoid abusive litigation will be ensured.

Keywords: collective redress mechanism, consumer protection, commonality and difference, South East Europe

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20358 Enhancing the Stability of Vietnamese Power System - from Theory to Practical

Authors: Edwin Lerch, Dirk Audring, Cuong Nguyen Mau, Duc Ninh Nguyen, The Cuong Nguyen, The Van Nguyen

Abstract:

The National Load Dispatch Centre of Electricity Vietnam (EVNNLDC) and Siemens PTI investigated the stability of the electrical 500/220 kV transportation system of Vietnam. The general scope of the investigations is improving the stability of the Vietnam power system and giving the EVNNLDC staff the capability to decide how to deal with expected stability challenges in the future, which are related to the very fast growth of the system. Rapid system growth leads to a very high demand of power transmission from North to South. This was investigated by stability studies of interconnected power system with neighboring countries. These investigations are performed in close cooperation and coordination with the EVNNLDC project team. This important project includes data collection, measurement, model validation and investigation of relevant stability phenomena as well as training of the EVNNLDC staff. Generally, the power system of Vietnam has good voltage and dynamic stability. The main problems are related to the longitudinal system with more power generation in the North and Center, especially hydro power, and load centers in the South of Vietnam. Faults on the power transmission system from North to South risks the stability of the entire system due to a high power transfer from North to South and high loading of the 500 kV backbone. An additional problem is the weak connection to Cambodia power system which leads to interarea oscillations mode. Therefore, strengthening the power transfer capability by new 500kV lines or HVDC connection and balancing the power generation across the country will solve many challenges. Other countermeasures, such as wide area load shedding, PSS tuning and correct SVC placement will improve and stabilize the power system as well. Primary frequency reserve should be increased.

Keywords: dynamic power transmission system studies, blackout prevention, power system interconnection, stability

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20357 Non-State Actors and Their Liabilities in International Armed Conflicts

Authors: Shivam Dwivedi, Saumya Kapoor

Abstract:

The Israeli Supreme Court in Public Committee against Torture in Israel v. Government of Israel observed the presence of non-state actors in cross-border terrorist activities thereby making the role of non-state actors in terrorism the center of discussion under the scope of International Humanitarian Law. Non-state actors and their role in a conflict have also been traversed upon by the Tadic case decided by the International Criminal Tribunal for the former Yugoslavia. However, there still are lacunae in International Humanitarian Law when it comes to determining the nature of a conflict, especially when non-state groups act within the ambit of various states, for example, Taliban in Afghanistan or the groups operating in Ukraine and Georgia. Thus, the objective of writing this paper would be to observe the ways by which non-state actors particularly terrorist organizations could be brought under the ambit of Additional Protocol I. Additional Protocol I is a 1977 amendment protocol to the Geneva Conventions relating to the protection of victims of international conflicts which basically outlaws indiscriminate attacks on civilian populations, forbids conscription of children and preserves various other human rights during the war. In general, the Additional Protocol I reaffirms the provisions of the original four Geneva Conventions. Since provisions of Additional Protocol I apply only to cases pertaining to International Armed Conflicts, the answer to the problem should lie in including the scope for ‘transnational armed conflict’ in the already existing definition of ‘International Armed Conflict’ within Common Article 2 of the Geneva Conventions. This would broaden the applicability of the provisions in cases of non-state groups and render an international character to the conflict. Also, the non-state groups operating or appearing to operate should be determined by the test laid down in the Nicaragua case by the International Court of Justice and not under the Tadic case decided by the International Criminal Tribunal for Former Yugoslavia in order to provide a comprehensive system to deal with such groups. The result of the above proposal, therefore, would enhance the scope of the application of International Humanitarian Law to non-state groups and individuals.

Keywords: Geneva Conventions, International Armed Conflict, International Humanitarian Law, non-state actors

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20356 Aesthetic Preference and Consciousness in African Theatre: A Performance Appraisal of Tyrone Terrence's a Husband's Wife

Authors: Oluwatayo Isijola

Abstract:

The destructive influence of Europe on Africa has also taken a tow on the aesthetic essence of the African Art, which centres on morality and value for human life. In a parallel vein, the adverse turn of this influence on the dramaturgy of some contemporary African plays, poses impedance to audience consciousness in performance engagements. Through the spectrum of African Aesthetics, this study attempts a performance appraisal of A Husband’s wife; an unpublished play written by Tyrone Terence for the African audience. The researcher proffers two variant textual interpretations of the play to evaluate performance engagement in its default realistic mode, which holds an unresolved 'Medean-impulse', and another wherein the resolution is treated to a paradigm shift for aesthetic preference. The investigation employs the mixed method, which combines the quantitative and qualitative methodologies. Keen observation on the reactions and responses of audience members that were engaged in both performances, and on-the-spot interview with selected audience members, were the primary sources for the qualitative data. However, quantitative data was captured in an on-the-spot survey with the instrument of the questionnaire served to a sample population of the audience. The study observes that the preference for African aesthetics as exemplified in the second performance which deployed a paradigm shift did enhance audience consciousness. Hinging on performance aesthetic theory, the paper recommends that all such African plays bestowed with the shortcoming of African aesthetics, should be appropriately treated to paradigm shifts for performance engagement, in the interest of enhancing audience consciousness in the Nigerian Theatre.

Keywords: African aesthetics, audience consciousness, paradigm shift, median-impulse

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20355 Protection of Victims’ Rights in International Criminal Proceedings

Authors: Irina Belozerova

Abstract:

In the recent years, the number of crimes against peace and humanity has constantly been increasing. The development of the international community is inseparably connected to the compliance with the law which protects the rights and interests of citizens in all of their manifestations. The provisions of the law of criminal procedure are no exception. The rights of the victims of genocide, of the war crimes and the crimes against humanity, require particular attention. These crimes fall within the jurisdiction of the International Criminal Court governed by the Rome Statute of the International Criminal Court. These crimes have the following features. First, any such crime has a mass character and therefore requires specific regulation in the international criminal law and procedure and the national criminal law and procedure of different countries. Second, the victims of such crimes are usually children, women and old people; the entire national, ethnic, racial or religious groups are destroyed. These features influence the classification of victims by the age criterion. Article 68 of the Rome Statute provides for protection of the safety, physical and psychological well-being, dignity and privacy of victims and witnesses and thus determines the procedural status of these persons. However, not all the persons whose rights have been violated by the commission of these crimes acquire the status of victims. This is due to the fact that such crimes affect a huge number of persons and it is impossible to mention them all by name. It is also difficult to assess the entire damage suffered by the victims. While assessing the amount of damages it is essential to take into account physical and moral harm, as well as property damage. The procedural status of victims thus gains an exclusive character. In order to determine the full extent of the damage suffered by the victims it is necessary to collect sufficient evidence. However, it is extremely difficult to collect the evidence that would ensure the full and objective protection of the victims’ rights. While making requests for the collection of evidence, the International Criminal Court faces the problem of protection of national security information. Religious beliefs and the family life of victims are of great importance. In some Islamic countries, it is impossible to question a woman without her husband’s consent which affects the objectivity of her testimony. Finally, the number of victims is quantified by hundreds and thousands. The assessment of these elements demands time and highly qualified work. These factors justify the creation of a mechanism that would help to collect the evidence and establish the truth in the international criminal proceedings. This mechanism will help to impose a just and appropriate punishment for the persons accused of having committed a crime, since, committing the crime, criminals could not misunderstand the outcome of their criminal intent.

Keywords: crimes against humanity, evidence in international criminal proceedings, international criminal proceedings, protection of victims

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20354 Factors Associated with Self-Reported Pregnancies among Secondary School Teenagers in South Africa: Evidence from General Household Surveys

Authors: Sathiya Susuman Appunni

Abstract:

Background: This article reviews the self-reported pregnancies among teenage girls currently attending secondary school in South Africa. The study aim is to examine the demographic and socio-economic factors associated with self-reported pregnancies among teenage girls currently attending secondary school in the study area. Data and Methods: Secondary data drawn from the General Household Surveys 2016 and Community Survey 2016 as well as 10 % sample data from the 2011 South African census were used. Bivariate, and Multivariate analyses were carried in order to meet the aims of the study. Results: The independent variable identified was the number of economically active people in the household, which indicated 3.3% in 2011 and 3.6% in 2016 for the household with no economically active member. Among the provinces, Limpopo has been leading by 5.2% of self-reported pregnancies among the girls currently attending secondary school in South Africa. Conclusion: It is recommended that the needs to be special health policies and strategies in place to address this epidemic and such policies need to be targeted to the different needs of teenagers in the different demarcations of the country.

Keywords: pregnancy prevalence, demographic, household, teenage girls, socio-economic

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20353 Perceived Organizational Justice, Trust and Employee Engagement in Bank Managers

Authors: Seemal Mazhar Khan, Tahira Mubashar

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The present research aimed to investigate the relationship in perceived organizational justice, organizational trust and employee engagement in bank employees. It was hypothesized: there is likely to be a relationship in perceived organizational justices, organizational trust and employee engagement; perceived organizational justice and organizational trust are likely to predict employee engagement; there is likely to be effect of bank type and designation on perceived organizational justice, organizational trust and employee engagement. The sample consisted of 150 bank employees (50 from government, 50 from private and 50 from privatized banks) selected from different banks in Lahore, Pakistan. Correlational research design was used to conduct this study. Perceived Organizational Justices Questionnaire, Organizational Trust Questionnaire and Employee Engagement Scale were used for assessment. Pearson product moment correlation, hierarchical regression and multivariate analysis of covariance were applied. Results showed a positive significant relationship in perceived organizational justice and organizational engagement and there were also a positive significant relation between organizational trust and job and organizational engagement. Results showed that organizational trust predicts organizational engagement after controlling the effect of age, marital status and socio-economic status and there is a significant interaction effect of bank type and designation level on organizational trust in bank employees. The findings of the research can serve as a platform for the awareness of important antecedents of employee engagement and organizations can inculcate trust for better and improved engagement of its employees, thereby, enhancing the productivity of their employees.

Keywords: bank employees, organizational engagement, perceived organizational justice, trust

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20352 The Research Experiences of Supervisors and Postgraduate Research Students at One South African Higher Education Institution

Authors: Madoda Cekiso, Thenjiwe Meyiwa

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Successful postgraduate supervision involves possessing research capabilities, being knowledgeable in specific disciplines, understanding interpersonal relations, exercising mentoring/guidance skills and having appropriate knowledge of own institutional regulatory systems for postgraduate studies. On the other hand, postgraduate students are expected to know what the postgraduate journey entails and the elements and requirements of a postgraduate study. This paper sought to explore and analyse the research experiences of supervisors and postgraduate research students at one South African higher education institution. The study was qualitative in nature and a case study design was followed. The sample was purposively selected and comprised 25 postgraduate students and 20 postgraduate supervisors from one Faculty of the said university. The study findings revealed that there was no clear contract or memorandum of understanding between the postgraduate students and their supervisors. As a result, both supervisors and postgraduate students were not aware of their responsibilities. Both supervisors and postgraduate students complained about the non-availability of postgraduate facilities and resources for postgraduate students. The results further revealed that the allocation of students to supervisors who are not experts in a particular field was a challenge for both postgraduate students and supervisors. The results also revealed that the supervisors were not happy about the commitment of the postgraduate students towards their studies. The supervisors also complained about the postgraduate students who cannot work independently. Based on the findings, the authors recommended that a memorandum of understanding between a postgraduate student and a supervisor might solve some of the challenges. We further recommended a match between the supervisor’s expertise and the student’s focus area.

Keywords: feedback, mentoring, postgraduate, supervisors, student, memorandum of understanding

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20351 Cycads Bark Harvest in Limpopo Province in South Africa: A Negative Practice Contributing to Biodiversity Loss

Authors: S. O. Bamigboye, P. M. Tshisikhawe, P. J. Taylor

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Cycads are the most threatened plant species in the world. In South Africa over 70% of cycads are threatened with extinction with 60% of them as a result of bark harvest of these highly endangered species for medicinal purposes. 3 cycads species in South Africa have gone extinct due to bark harvest for medicinal purpose. This practice keeps increasing biodiversity loss within the nation and this has generated concern for conservationists on different way to discover how people go about this practices and how it can be discouraged. Studies have revealed this practice to be common practice in provinces like Kwazulu natal, Eastern cape, Gauteng, Mpumalanga, but studies in the past have not really focused on cycads bark harvest in Limpopo province. In this study we use the indigenous knowledge to discover a particular location within the Soutpansberg Montane (a major biodiversity hotspot in Limpopo Province in South Africa) in Vhembe district in Limpopo province not yet conserved where we have a highly disturbed population of cycads. Several individuals of cycads species have been highly damaged due to bark harvest in this location. We are about proposing that such areas needs attention for conservation to prevent the loss of these species endemic to this particular location. Our study hereby reveals that cycads bark harvest which is a major threat to African cycads is also a common practice in Limpopo Province in South Africa. Rigorous conservation action is required to discourage this practice in order to prevent further biodiversity loss in this region.

Keywords: bark harvest, Cycads, conservation, extinction, Limpopo

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20350 Correlates of Pedagogic Malpractices

Authors: Chinaza Uleanya, Martin Duma, Bongani Gamede

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The research investigated pedagogic malpractices by lecturers in sub-Sahara African universities. The population of the study consisted of undergraduates and lecturers in selected universities in Nigeria and South Africa. Mixed method approach was adopted for data collection. The sample population of the study was 480 undergraduate students and 16 lecturers. Questionnaires with 4 point Likert-scale were administered to 480 respondents while interviews were conducted with 6 lecturers. In addition, the teaching strategies of 10 lecturers were observed. Data analyses indicated that poor work environment demotivates lecturers and makes them involved in pedagogic malpractice which is one of the causes of learning challenges faced by undergraduates. The finding of the study also shows that pedagogic malpractice contributes to the high rate of dropout in sub-Sahara African universities. Based on the results, it was recommended that qualified lecturers be employed and given conducive environments to work.

Keywords: malpractice, pedagogy, pedagogic malpractice, correlates

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20349 The Role of Leader, Member Exchange on Psychological Capital, Mediated by Person-Organisational Fit

Authors: Sonja Grobler

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Background: Leadership and specifically Leader, member exchange has a definite impact on employee behaviour and attitudes, and specifically their state of psychological capital. The interactionist construct of person-organisational fit (P-O fit), consisting of a combination of supplementary fit (indirect fit or value congruence) and complementary fit (direct or person-job fit, as well as needs-supply fit) may, however, impact on the relationship between LMX and psychological capital. The unique permutations of these relationships are important not only for conceptualisation purposes but also for intervention design to enhance the employees’ psychological capital; this would contribute to positive employee behaviour and attitudes. Aim: The purpose of this study was to determine whether a relationship exists between Leader, Member Exchange (LMX) and psychological capital, with possible mediation by P-O fit. Setting: The research was conducted with ± 60 employees from each of 43 private sectors and four public sector organisations in South Africa. Method: This study utilised a positivist methodology based on an empirical approach while using a cross-sectional design and quantitative analysis. The sample is relatively representative (in terms of race, gender, and the South African work force), as it consisted of 60 employees from each of the 43 South African organisations that participated in the study, with 2 486 respondents in total. Results: Significant, positive relationships were found between LMX, P-O fit, and psychological capital. Additionally, it was found that P-O fit partially mediates the relationship between ethical leadership and supervisory trust, confirming the proposed model. Conclusion: A strong, positive relationship exists between LMX (consisting of Affect, Loyalty, Contribution, and Professional Respect) and psychological capital (consisting of Self-efficacy, Hope, Resilience and Optimism) which is partially mediated by P-O fit (consisting of supplementary fit and complementary fit).

Keywords: leader and member exchange, person-organisational fit, psychological capital, positive psychology, interactionist approach

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20348 Development of pm2.5 Forecasting System in Seoul, South Korea Using Chemical Transport Modeling and ConvLSTM-DNN

Authors: Ji-Seok Koo, Hee‑Yong Kwon, Hui-Young Yun, Kyung-Hui Wang, Youn-Seo Koo

Abstract:

This paper presents a forecasting system for PM2.5 levels in Seoul, South Korea, leveraging a combination of chemical transport modeling and ConvLSTM-DNN machine learning technology. Exposure to PM2.5 has known detrimental impacts on public health, making its prediction crucial for establishing preventive measures. Existing forecasting models, like the Community Multiscale Air Quality (CMAQ) and Weather Research and Forecasting (WRF), are hindered by their reliance on uncertain input data, such as anthropogenic emissions and meteorological patterns, as well as certain intrinsic model limitations. The system we've developed specifically addresses these issues by integrating machine learning and using carefully selected input features that account for local and distant sources of PM2.5. In South Korea, the PM2.5 concentration is greatly influenced by both local emissions and long-range transport from China, and our model effectively captures these spatial and temporal dynamics. Our PM2.5 prediction system combines the strengths of advanced hybrid machine learning algorithms, convLSTM and DNN, to improve upon the limitations of the traditional CMAQ model. Data used in the system include forecasted information from CMAQ and WRF models, along with actual PM2.5 concentration and weather variable data from monitoring stations in China and South Korea. The system was implemented specifically for Seoul's PM2.5 forecasting.

Keywords: PM2.5 forecast, machine learning, convLSTM, DNN

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20347 Limiting Factors to Gender Identity in the Irene Salami-Agunloye’s Emotan

Authors: Adebayo John Badeji

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This study examines some limiting factors in the dramaturgy of Irene Salami- Agunloye's Emotan. These factors are cultural, socio-political, and religious beliefs that play significant roles in gender balance, such that it establishes inequality between the sexes, giving male attributes greater value than that female ones subconsciously. This work draws its findings from the textual analysis method, and Stiwanism was employed as our theoretical framework. The theory is further discussed in the body of the work. By analysis, we subject this work to critical content analysis. Our findings revealed that most African feminist ideologies employ the ideology of revolt, which may not work on African soil. The play projects women's and men's issues in politics. This study exposes us to the fact that gender inequality is created by the male’s dominance in society. Also, the African women’s imitation of the cultural dictates of their fellow counterparts abroad is also affecting their own perspective on African soil. The study concludes that the African woman is looking at her freedom from the view of her counterparts in Europe and America, which is not right. As argued by Irene salami, women were active in societal development in Africa. This study, therefore, recommends that she should look at African women from the African perspective. This is because Queen Amina of Zazzau, Queen Idia of Benin, and Queen Moremi of Ife ruled when there were men, and they excelled.

Keywords: gender, identity, Emotan, factors

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20346 Governance and Public Policy: The Perception of Civil Society Participation in Brazil and South Africa

Authors: Paulino V. Tavares, Ana L. Romao

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Public governance, in general, is essential to qualify and educate, pedagogically, the decision-making process of the government in relation to the management of resources and the provision of public services, with transparency and active participation of individuals and citizens for the development of a more democratic environment, besides stimulating control and social empowerment, aiming at the development of the collectivity. In this context, the participation of society in the elaboration, execution, and control of public policies is prominent to strengthen public governance itself. With this, using a multidimensional approach with the application of two questionnaires to a universe of twenty Counselors of the Courts of Auditors (Brazil), twenty professionals of public administration (Brazil), twenty Government/Provincial Counselors (South Africa), and twenty South African professionals of public administration, the preliminary results indicate that the participation of civil society, for both countries, is very low in the elaboration, execution, and control of public policies. At the same time, about 70% of the answers obtained indicate, on average, three possible paths to increase the participation of civil society. With this, it is delineated that developing new horizons to strengthen both public policies how social participation is necessary, but, for both, it is important that governments and civil society, in their respective countries, have an awareness of the effective importance of this interaction.

Keywords: Brazil, civil society, participation, South Africa

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20345 Electronic Patient Record (EPR) System in South Africa: Results of a Pilot Study

Authors: Temitope O. Tokosi, Visvanathan Naicker

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Patient health records contain sensitive information for which an electronic patient record (EPR) system can safely secure and transmit amongst clinicians for use in improving health delivery. Clinician’s use of the behaviour of these systems is under scrutiny to assess their attributes towards health technology. South Africa (SA) clinicians responded to a pilot study survey to assess their understanding of EPR, what attributes are important towards technology use and more importantly streamlining the survey for a larger study. Descriptive statistics using mean scores was used because of the small sample size of 11 clinicians who completed the survey. Nine (9) constructs comprising 62 items were used and a Cronbach alpha score of 0.883 was obtained. Limitations and discussions conclude the study.

Keywords: EPR, clinicians, pilot study, South Africa

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20344 African Swine Fewer Situation and Diagnostic Methods in Lithuania

Authors: Simona Pileviciene

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On 24th January 2014, Lithuania notified two primary cases of African swine fever (ASF) in wild boars. The animals were tested positive for ASF virus (ASFV) genome by real-time PCR at the National Reference Laboratory for ASF in Lithuania (NRL), results were confirmed by the European Union Reference Laboratory for African swine fever (CISA-INIA). Intensive wild and domestic animal monitoring program was started. During the period of 2014-2017 ASF was confirmed in two large commercial pig holding with the highest biosecurity. Pigs were killed and destroyed. Since 2014 ASF outbreak territory from east and south has expanded to the middle of Lithuania. Diagnosis by PCR is one of the highly recommended diagnostic methods by World Organization for Animal Health (OIE) for diagnosis of ASF. The aim of the present study was to compare singleplex real-time PCR assays to a duplex assay allowing the identification of ASF and internal control in a single PCR tube and to compare primers, that target the p72 gene (ASF 250 bp and ASF 75 bp) effectivity. Multiplex real-time PCR assays prove to be less time consuming and cost-efficient and therefore have a high potential to be applied in the routine analysis. It is important to have effective and fast method that allows virus detection at the beginning of disease for wild boar population and in outbreaks for domestic pigs. For experiments, we used reference samples (INIA, Spain), and positive samples from infected animals in Lithuania. Results show 100% sensitivity and specificity.

Keywords: African swine fewer, real-time PCR, wild boar, domestic pig

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20343 Investigating the Experiences of Higher Education Academics on the Blended Approach Used during the Induction Course

Authors: Ann-May Marais

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South African higher education institutions are following the global adoption of a blended approach to teaching and learning. Blended learning is viewed as a transformative teaching-learning approach, as it provides students with the optimum experience by mixing the best of face-to-face and online learning. Although academics realise the benefits of blended learning, they find it challenging and time-consuming to implement blended strategies. Professional development is a critical component of the adoption of higher education teaching-learning approaches. The Institutional course for higher education academics offered at a South African University was designed in a blended model, implemented and evaluated. This paper reports on a study that investigated the experiences of academics on the blended approach used during the induction course. A qualitative design-based research methodology was employed, and data was collected using participant feedback and document analysis. The data gathered from each of the four ICNL offerings were used to inform the design of the next course. Findings indicated that lecturers realised that blended learning could cater to student diversity, different learning styles, engagement, and innovation. Furthermore, it emerged that the course has to cater for diversity in technology proficiency and readiness of participants. Participants also require ongoing support in technology usage and discipline-specific blended learning workshops. This paper contends that the modelling of a blended approach to professional development can be an effective way to motivate academics to apply blended learning in their teaching-learning experiences.

Keywords: blended learning, professional development, induction course, integration of technology

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20342 Enactments of Global Citizenship Education: Social Justice in Public Spheres of Education

Authors: Sabrina Jafralie

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This proposed chapter explains how civic religious literacy is a means to promote social justice in Canada. It will first present the specific conception of global citizenship education that will undergird the discussion in the chapter. Then, it will offer a conception of civic religious literacy that explains how it promotes social justice as a form of global citizenship education. To illustrate this point, I will list specific examples of social and political inequities in Canada, such as hate crime statistics from 2013-2018 across the country and in specific provinces and cities. I will also highlight different types of discrimination, such as that towards religious minorities, Indigenous peoples, and those that conflate race and religion, and other intersections of identity that civic religious literacy can address. To conclude this initial section of the chapter, I will cite international studies that discuss religious literacy as a means to promote characteristics and aims of global citizenship education.

Keywords: Civic Literacy, Pedagogy, Quebec, Social Justice

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20341 The Role of Asset Recovery in Combatting Organized Crime

Authors: Tamas Bezsenyi, Noemi Katona

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Fighting Human Trafficking is a highly important issue worldwide that states need to deal with in international politics. In the EU combatting human trafficking is emphasized in international policy making and also in the work of international law enforcement, thus in the work of the EUROPOL. While the EU Directive against Human Trafficking prescribes how states should fight this transnational crime and also how victims should be assisted, the EUROPOL focuses on the effective cooperation between national law enforcement agencies. However, despite the aims of the common fight, human trafficking is regulated differently in the punitive law of various nation states. This deeply defines the work and possibilities of national law enforcement organizations. Among the manifold differences in this paper, we focus on the role of regulating asset recovery. We highlight that money, and the regulation and practice how the law enforcement deals with income gained from criminal activities, play essential role in combatting human trafficking. While doing research on the investigation of transnational human trafficking by the Hungarian Law Enforcement Agencies, we have found that the unfortunate regulation of asset recovery determines the lower effectiveness of eliminating criminal organizations. While i.e. in the Netherlands confiscation of property takes place in an early stage of the criminal procedure, in Hungary it can be conducted only if money laundering is also assumed. Our presentation builds on the comparison of criminal procedures which we analyse based on criminal files and interviews with coworkers of the National Bureau of Investigation.

Keywords: human trafficking, law enforcement, asset recovery, organized crime

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20340 Clients’ Priorities in Delivery of Green Projects: South African Perspective

Authors: C. Mothobiso, D. Root

Abstract:

Purpose: This study attempts to identify the clients’ main priorities when delivering green projects. The aim is to compare if the clients have the same interest that are similar in delivery of convectional buildings as compared to green buildings. The main purpose is to find why other clients are investing in green buildings while others are reluctant and adopting green building at a slow pace. Design/methodology/approach: A sample of construction professional accredited by the Green Building Council of South Africa (GBCSA) was sent a questionnaire to participate in the research. Since GBSCSA accredited professionals have knowledge and experience about the green buildings, they are chosen as the sample. The research is qualitative because it evaluates the perceptions and knowledge around the subject matter. Research limitations: The research focuses only on the South African construction clients. Findings: Findings reveal that private clients invest more on green buildings as compared to government and parastatal entities. Private clients prioritise on maximising returns on investments and they mainly invest on buildings that save energies and have low life cycle costs. Private clients are perceived to be more knowledgeable about the benefits of green building project as compared to government and Parastatals clients. Shortage of expertise and managerial skill leads to low adaptation of green buildings in the government and parastatal projects. Other factors, which seem to disintegrate the adoption of green buildings, are the readiness of supply chain within the industry and inappropriate procurements strategies adopted by clients. The evaluation of the clients’ priorities will enable the design team to come up with innovative ways to approach the design process so that clients’ priorities and needs are identified and met. Practical implications: The findings are indicating that clients’ needs and priorities have a huge impact on the delivery of the project in terms of time, quality and cost of the project.

Keywords: construction clients, design team, green construction and project deliver

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20339 Marginalisation of an Age Old Culture. The Case of Female Cultural Initiation in Some South African Cultural Groups

Authors: Lesibana Rafapa

Abstract:

Accounts exist of circumcision-anchored cultural initiation in central Africa, East Africa, Southern Africa, North Africa, and West Africa -straddling states like Botswana, Kenya, Lesotho, Malawi, Senegal, South Africa, Zambia, and Zimbabwe. This attests to the continent-wide spread of this cultural practice. In this paper, the writer relates the cultural aspect of circumcision-subsuming initiation among black African cultural groups across the continent to the notion that African cultures are varied yet subscribe to a common central concept. The premise of the paper is that the common practice of initiation for both male and female children that have to be initiated by adults to the tradition and customs of a people coincides with such a central concept. The practice of traditional initiation is as broad as to encompass aspects of spirituality, morality, and social organisation, in the nature of the central concept of which it is a trans-sectional part. Cultural initiation, sometimes referred to as traditional circumcision, constitutes culture-determined rites of passage for the initiates. The study’s aim, the findings of which are presented in this paper, was to probe gender equality in the development and promotion of the cultural practice of initiation. The researcher intended to demonstrate how in South Africa, female circumcision is treated equally or marginalised in efforts of the democratic government to regulate and strengthen the practice of circumcision as part of its broader liberation programme meant to reverse politico-cultural bondage experienced during apartheid rule that the present black regime helped bring to an end. It is argued that the failure to regard female circumcision as equal to its male counterpart is a travesty of the black government’s legislation and policies espousing equality and the protection and empowerment of vulnerable and previously marginalised population groups that include black women. The writer did a desk-top study of the history and characteristics of female circumcision among the black Northern Sotho, VaTsonga, and VhaVenda cultural groups of the Limpopo Province, stretching north to the border of South Africa with Zimbabwe, as well as literature on how political and other authorities exert efforts to preserve and empower the practice. The findings were that male initiation is foregrounded and totalised to represent the practice of initiation as a whole, at the expense of its female counterpart facing marginalisation and unequal regard. It is outlined in this paper how such impoverishment of an otherwise woman-empowering cultural practice deprives hitherto black cultures that suffered brutal repression during apartheid of a fuller recovery much needed in the democratic era. The writer applies some aspects of postcolonial theory and some tropes of feminism in the discussion of an uneven status of cultural circumcision at the hands of present day powers that be.

Keywords: African cultures, female circumcision, gender equality, women empowerment

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20338 Incarcerated Students' Participation Rates in Open Distance Education: Exploring the Role of South African Universities

Authors: Veisiwe Gasa

Abstract:

Many higher institutions of education that offer Open Distance Learning (ODL) and e-Learning have opened their doors to accommodate prisoners who want to further their studies. The provision of education for prisoners in South Africa emanates from a number of reasons. The alarmingly high numbers of the prison population in South Africa has called for the government to provide desperate measures. It is on these premises that the provision of higher education in prison is recommended. Higher education is recommended because of the belief that it creates employability and thereby reduces recidivism. Using targeted sampling, 5 universities were required to elaborate on their awareness strategies, how they ensure that Distance Education is accessible to the prisoners and also the ways in which they cater to the needs of incarcerated students. The research findings reveal that there is so little that has been done by these particular institutions to cater for prisoners. This raises a concern and indicates a need to raise awareness of the value of higher and distance education among prisoners. It also calls for higher education institutions to make prisons aware of their course offerings.

Keywords: e-Learning, incarcerated students, open distance learning, recidivism

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20337 Providing Tailored as a Human Rights Obligation: Feminist Lawyering as an Alternative Practice to Address Gender-Based Violence Against Women Refugees

Authors: Maelle Noir

Abstract:

International Human rights norms prescribe the obligation to protect refugee women against violence which requires, inter alia, state provision of justiciable, accessible, affordable and non-discriminatory access to justice. However, the interpretation and application of the law still lack gender sensitivity, intersectionality and a trauma-informed approach. Consequently, many refugee survivors face important structural obstacles preventing access to justice and often experience secondary traumatisation when navigating the legal system. This paper argues that the unique nature of the experiences of refugees with gender-based violence against women exacerbated throughout the migration journey calls for a tailored practice of the law to ensure adequate access to justice. The argument developed here is that the obligation to provide survivors with justiciable, accessible, affordable and non-discriminatory access to justice implies radically transforming the practice of the law altogether. This paper, therefore, proposes feminist lawyering as an alternative approach to the practice of the law when addressing gender-based violence against women refugees. First, this paper discusses the specific nature of gender-based violence against refugees with a particular focus on two aspects of the power-violence nexus: the analysis of the shift in gender roles and expectations following displacement as one of the causes of gender-based violence against women refugees and the argument that the asylum situation itself constitutes a form of state-sponsored and institutional violence. Second, the re-traumatising and re-victimising nature of the legal system is explored with the objective to demonstrate States’ failure to comply with their legal obligation to provide refugee women with effective access to justice. Third, this paper discusses some key practical strategies that have been proposed and implemented to transform the practice of the law when dealing with gender-based violence outside of the refugee context. Lastly, this analysis is applied to the specificities of the experiences of refugee survivors of gender-based violence.

Keywords: feminist lawyering, feminist legal theory, gender-based violence, human rights law, intersectionality, refugee protection

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20336 Development Planning in the System of the Islamic Republic of Iran in the Light of Development Laws: From Rationally Planning to Wisely Decision Making

Authors: Mohammad Sadeghi, Mahdieh Saniee

Abstract:

Nowadays, development laws have become a major branch of engineering science, laws help humankind achieve his/her basic needs, and it is attracted to the attention of the nations. Therefore, lawyers have been invited to contemplate legislator's approaches respecting legislating countries' economic, social and cultural development plans and to observe the reliance of approaches on two elements of distributive justice and transitional justice in light of legal rationality. Legal rationality in development planning has encountered us with this question that whether a rational approach and existing models in the Iran development planning system approximate us to the goal of development laws respecting the rationalist approach and also regarding wisely decision-making model. The present study will investigate processes, approaches, and damages of development planning in the legislation of country development plans to answer this question.

Keywords: rationality, decision-making process, policymaking, development

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20335 Theorising Chinese as a Foreign Language Curriculum Justice in the Australian School Context

Authors: Wen Xu

Abstract:

The expansion of Confucius institutes and Chinese as a Foreign Language (CFL) education is often considered as cultural invasion and part of much bigger, if not ambitious, Chinese central government agenda among Western public opinion. The CFL knowledge and teaching practice inherent in textbooks are also harshly critiqued as failing to align with Western educational principles. This paper takes up these concerns and attempts to articulate that Confucius’s idea of ‘education without discrimination’ appears to have become synonymous with social justice touted in contemporary Australian education and policy discourses. To do so, it capitalises on Bernstein's conceptualization of classification and pedagogic rights to articulate CFL curriculum's potential of drawing in and drawing out curriculum boundaries to achieve educational justice. In this way, the potential useful knowledge of CFL constitutes a worthwhile tool to engage in a peripheral Western country’s education issues, as well as to include disenfranchised students in the multicultural Australian society. It opens spaces for critically theorising CFL curricular justice in Australian educational contexts, and makes an original contribution to scholarly argumentation that CFL curriculum has the potential of including socially and economically disenfranchised students in schooling.

Keywords: curriculum justice, Chinese as a Foreign Language curriculum, Bernstein, equity

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20334 'Explainable Artificial Intelligence' and Reasons for Judicial Decisions: Why Justifications and Not Just Explanations May Be Required

Authors: Jacquelyn Burkell, Jane Bailey

Abstract:

Artificial intelligence (AI) solutions deployed within the justice system face the critical task of providing acceptable explanations for decisions or actions. These explanations must satisfy the joint criteria of public and professional accountability, taking into account the perspectives and requirements of multiple stakeholders, including judges, lawyers, parties, witnesses, and the general public. This research project analyzes and integrates two existing literature on explanations in order to propose guidelines for explainable AI in the justice system. Specifically, we review three bodies of literature: (i) explanations of the purpose and function of 'explainable AI'; (ii) the relevant case law, judicial commentary and legal literature focused on the form and function of reasons for judicial decisions; and (iii) the literature focused on the psychological and sociological functions of these reasons for judicial decisions from the perspective of the public. Our research suggests that while judicial ‘reasons’ (arguably accurate descriptions of the decision-making process and factors) do serve similar explanatory functions as those identified in the literature on 'explainable AI', they also serve an important ‘justification’ function (post hoc constructions that justify the decision that was reached). Further, members of the public are also looking for both justification and explanation in reasons for judicial decisions, and that the absence of either feature is likely to contribute to diminished public confidence in the legal system. Therefore, artificially automated judicial decision-making systems that simply attempt to document the process of decision-making are unlikely in many cases to be useful to and accepted within the justice system. Instead, these systems should focus on the post-hoc articulation of principles and precedents that support the decision or action, especially in cases where legal subjects’ fundamental rights and liberties are at stake.

Keywords: explainable AI, judicial reasons, public accountability, explanation, justification

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20333 Integration of Hydropower and Solar Photovoltaic Generation into Distribution System: Case of South Sudan

Authors: Ater Amogpai

Abstract:

Hydropower and solar photovoltaic (PV) generation are crucial in sustainability and transitioning from fossil fuel to clean energy. Integrating renewable energy sources such as hydropower and solar photovoltaic (PV) into the distributed networks contributes to achieving energy balance, pollution mitigation, and cost reduction. Frequent power outages and a lack of load reliability characterize the current South Sudan electricity distribution system. The country’s electricity demand is 300MW; however, the installed capacity is around 212.4M. Insufficient funds to build new electricity facilities and expand generation are the reasons for the gap in installed capacity. The South Sudan Ministry of Energy and Dams gave a contract to an Egyptian Elsewedy Electric Company that completed the construction of a solar PV plant in 2023. The plant has a 35 MWh battery storage and 20 MW solar PV system capacity. The construction of Juba Solar PV Park started in 2022 to increase the current installed capacity in Juba City to 53 MW. The plant will begin serving 59000 residents in Juba and save 10,886.2t of carbon dioxide (CO2) annually.

Keywords: renewable energy, hydropower, solar energy, photovoltaic, South Sudan

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20332 Juvenile Justice System in India: Pre and Post Nirbhaya Case

Authors: Vaibhav Singh Parihar

Abstract:

Incidents of serious offenses being committed by children are increasing day by day thereby becoming a matter of great concern. The involvement of a 17-year-old boy in the incident that took place on 16th December 2012 (most commonly known as ‘Nirbhaya Case’)wherein a 23-year-old girl was brutally gang-raped and thrown out of the moving bus, took the entire nation by shock. Previously, the legislation dealing with juvenile delinquency in India considered a child to be juvenile if he/she was below the age of 18 years. As a consequence, the accused who was just six months short of attaining the age of 18 years was convicted for only three years. The primary objective of the study is to understand the gravity as to why the need for distinguishing a child and juvenile arose in this time and to what extent legislations are successful in this regard. It initially explains the history and evolution of juvenile legislation in India and the provisions contained in the Indian Constitution. It then goes on to explain the causes of juvenile delinquency in India. Further, the study focuses on the latest trends that have developed in juvenile delinquency, explaining how the Nirbhaya Case led to the amendments made to the Juvenile Justice Act, 2010. Also, it focuses on the Child Rights and Child Protection and the stand taken by the National Human Rights Commission and the international community. An attempt has been made to settle the debate as to whether the juvenile justice system in India is reformative or punitive. The need for amendment in the Juvenile Justice Act is also highlighted. The outcome of the study suggests that the legislation relating to juvenile delinquency have not been able to achieve the desired results. The age determination method in our system has been given paramount importance. The maximum punishment prescribed, even for heinous crimes, is only three years. Also, the reformative style of punishment is not adequate and more emphasis should be laid on penalization. Finally, the author concludes that the legislation has failed at creating a deterrent effect. It is suggested to strengthen the role of government authorities and to sensitize people in this regard to increase community participation. A non-doctrinal and analytical approach has been adopted and secondary sources of data have been relied upon by the author for conducting the research for the study.

Keywords: child, delinquency, juvenile, Nirbhaya case

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