Search results for: constitutional court of south africa

Authors: Robyn White, Juan Bornman, Ensa Johnson

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People with disabilities are at a high risk of becoming victims of crime. Individuals with little or no functional speech (LNFS) face an even higher risk. One way of reducing the risk of remaining a victim of crime is to face the alleged perpetrator in court as a witness – therefore it is important for a person with LNFS who has been a victim of crime to have the required vocabulary to testify in court. The aim of this study was to identify and describe the core and fringe legal vocabulary required by illiterate victims of crime, who have little or no functional speech, to testify in court as witnesses. A mixed-method, the exploratory sequential design consisting of two distinct phases was used to address the aim of the research. The first phase was of a qualitative nature and included two different data sources, namely in-depth semi-structured interviews and focus group discussions. The overall aim of this phase was to identify and describe core and fringe legal vocabulary and to develop a measurement instrument based on these results. Results from Phase 1 were used in Phase 2, the quantitative phase, during which the measurement instrument (a custom-designed questionnaire) was socially validated. The results produced six distinct vocabulary categories that represent the legal core vocabulary and 99 words that represent the legal fringe vocabulary. The findings suggested that communication boards should be individualised to the individual and the specific crime. It is believed that the vocabulary lists developed in this study act as a valid and reliable springboard from which communication boards can be developed. Recommendations were therefore made to develop an Alternative and Augmentative Communication Resource Tool Kit to assist the legal justice system.

Keywords: augmentative and alternative communication, person with little or no functional speech, sexual crimes, testifying in court, victim of crime, witness competency

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Authors: D. T. Chabalala, J. M. Ndambuki, M. F. Ilunga

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Sedimentation includes the processes of erosion, transportation, deposition, and the compaction of sediment. Sedimentation in reservoir results in a decrease in water storage capacity, downstream problems involving aggregation and degradation, blockage of the intake, and change in water quality. A study was conducted in Caledon River catchment in the upstream of Welbedacht Reservoir located in the South Eastern part of Free State province, South Africa. The aim of this research was to investigate and develop a model for an Integrated Catchment Modelling of Sedimentation processes and management for the Welbedacht reservoir. Revised Universal Soil Loss Equation (RUSLE) was applied to determine sources of sediment at different areas of the catchment. The model has been also used to determine the impact of changes from management practice on erosion generation. The results revealed that the main sources of sediment in the watershed are cultivated land (273 ton per hectare), built up and forest (103.3 ton per hectare), and grassland, degraded land, mining and quarry (3.9, 9.8 and 5.3 ton per hectare) respectively. After application of soil conservation practices to developed Revised Universal Soil Loss Equation model, the results revealed that the total average annual soil loss in the catchment decreased by 76% and sediment yield from cultivated land decreased by 75%, while the built up and forest area decreased by 42% and 99% respectively. Thus, results of this study will be used by government departments in order to develop sustainable policies.

Keywords: Welbedacht reservoir, sedimentation, RUSLE, Caledon River

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Authors: Shazia Shinwari

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In the 21st century, South Asia is becoming one of the rising sub-regions of the world. In the whole of Asia, South Asia is going to be the center part of opportunities, development, and challenges. The increasing economy and its geopolitical importance are changing the landscape of South Asia. Despite intensifying the opportunities and development, the region is also facing the challenges of security, poverty, and conflicts. It is one of the most populated sub-regions and has many internal conflicts because of which the region remains for a long time a least developed region in the world. But now South Asia is transforming into the developing process and trying to utilize its potentials and to remove the hurdles in the way of development. South Asia is one of the distinctive regions of the world and could play an important role at the global level if the potentials of the region are properly utilized. South Asia is one of the most important regions of the world and assumed more importance after the British withdrawal from the region. Now South Asia is playing an important role in world politics due to its strategic and geographical location. That is why the importance of this region in the international political systems cannot be ignored. Day by day, changes have been taking place in the structure of the global economy, and South Asia could take advantage of these changes to advance as an economic region. For this, South Asia will need to look at its history, and that changes, particularly in the India and Pakistan relations, are necessary for the development of the South Asian region. Despite having challenges in the region, South Asia is also rising as the land of opportunities and development if the potentials of the region are properly utilized and smoothen the way for regional integration.

Keywords: challenges, development, opportunities, South Asia

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Authors: L. Lamola, E. Manolas, A. Krause

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Background: The incidence of childhood cancer incidence is increasing gradually in low-middle income countries, such as South Africa. Globally, there is an extensive range of familial- and hereditary-cancer syndromes, where underlying germline variants increase the likelihood of developing cancer in childhood. Next-Generation Sequencing (NGS) technologies have been key in determining the occurrence and genetic contribution of germline variants to paediatric cancer development. We aimed to design and evaluate a candidate gene panel specific to inherited cancer-predisposing genes to provide a comprehensive insight into the contribution of germline variants to childhood cancer. Methods: 32 paediatric patients (aged 0-18 years) diagnosed with a malignant tumour were recruited, and biological samples were obtained. After quality control, DNA was sequenced using an ion Ampliseq 50 candidate gene panel design and Ion Torrent S5 technologies. Sequencing variants were called using Ion Torrent Suite software and were subsequently annotated using Ion Reporter and Ensembl's VEP. High priority variants were manually analysed using tools such as MutationTaster, SIFT-INDEL and VarSome. Putative identified candidates were validated via Sanger Sequencing. Results: The patients studied had a variety of cancers, the most common being nephroblastoma (13), followed by osteosarcoma (4) and astrocytoma (3). We identified 10 pathogenic / likely pathogenic variants in 10 patients, most of which were novel. Conclusions: According to the literature, we expected ~10% of our patient population to harbour pathogenic or likely pathogenic germline variants, however, we reported about 3 times (~30%) more than we expected. Majority of the identified variants are novel; this may be because this is the first study of its kind in an understudied South African population.

Keywords: Africa, genetics, germline-variants, paediatric-cancer

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Authors: Pepe Marais, Krishna Govender

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This study aimed to investigate the impact of “purpose” as a principal leadership skill on the performance of two township schools using a quantitative research design and collecting data from the school principals, teachers and matric learners, using the 28-scale Servant Leadership Test as well as Gallup’s Q12 Employee Engagement survey. The questionnaires addressed the key objectives, namely, the extent to which the principals of the participating schools exhibited servant leadership and their understanding of “purpose” as one word in leadership and how teachers and learners perceived the impact of a “one-word” purpose-driven leader on the performance of the selected schools. Although no relationship could be demonstrated between ‘’purpose’’ and the performance of the two township schools, it became evident that a significant increase in Servant Leadership leads to a significant increase in engagement and performance, as measured by the matric pass rate. It is recommended that workshops be facilitated with principals and teachers in order to entrench ‘’purpose’’ deeper throughout the schools. In addition, Servant Leadership training has to be conduced to increase the leadership ability of the school principals. Future research in the area of ‘’purpose as one word’’, as well as Servant Leadership as a principal skillset within South Africa’s public school leadership, is recommended.

Keywords: school leadership, servant leadership, one-word purpose, engagement, leadership

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Authors: Dare Ebenezer Fatumo, Olusesan Emmanuel Adelabu

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Online learning has taken another dimension through the introduction of Massive Open Online Courses (MOOCs), it has also become an important resource base for teaching and learning. This research aimed at investigating the use of Massive Open Online Course in a rural marginalized area. The survey research design of descriptive nature was adopted to evaluate the awareness and usage of Massive Open Online Course (MOOCs) in Alice community, Eastern Cape, South Africa. This study also employed quantitative approach by using self-structured questionnaire to evoke information from the respondents. The data collected were analyzed by Statistical Package for Social Sciences (SPSS). The findings revealed amongst others the efficacy of Massive Open Online Course (MOOCs) in fostering teaching and learning in rural marginalized areas. This study concludes that MOOCs is a veritable medium for busy or less privileged individual to acquire a degree or certification. Therefore, the study recommends MOOCs platform to be fully embraced by people in rural marginalized areas, awareness programs about its usefulness should be propagated across the municipalities nationwide.

Keywords: distance learning, information and communication technology, massive open online course, online learning, teaching and learning

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Authors: Sagwata A. Manyike, Hulisani Magada

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The South African National Biodiversity Institute is in the process of developing a guideline which sets out how biodiversity can be incorporated into land use (zoning) schemes. South Africa promulgated its Spatial Planning and Land Use Management Act in 2015 and the act seeks, amongst other things, to bridge the gap between spatial planning and land use management within the country. In addition, the act requires local governments to develop wall-to-wall land use schemes for their entire jurisdictions as they had previously only developed them for their urban areas. At the same time, South Africa has a rich history of systematic conservation planning whereby Critical Biodiversity Areas and Ecological Support Areas have been spatially delineated at a scale appropriate for spatial planning and land use management at the scale of local government. South Africa is also in the process of spatially delineating ecological infrastructure which is defined as naturally occurring ecosystems which provide valuable services to people such as water and climate regulation, soil formation, disaster risk reduction, etc. The Biodiversity and Land Use Project, which is funded by the Global Environmental Facility through the United Nations Development Programme is seeking to explore ways in which biodiversity information and ecological infrastructure can be incorporated into the spatial planning and land use management systems of local governments. Towards this end, the Biodiversity and Land Use Project have developed a guideline which sets out how local governments can integrate biodiversity into their land-use schemes as a way of not only ensuring sustainable development but also as a way helping them prepare for climate change. In addition, by incorporating biodiversity into land-use schemes, the project is exploring new ways of protecting biodiversity through land use schemes. The Guideline for Incorporating Biodiversity into Land Use Schemes was developed as a response to the fact that the National Land Use Scheme Guidelines only indicates that local governments needed to incorporate biodiversity without explaining how this could be achieved. The Natioanl Guideline also failed to specify which biodiversity-related layers are compatible with which land uses or what the benefits of incorporating biodiversity into the schemes will be for that local government. The guideline, therefore, sets out an argument for why biodiversity is important in land management processes and proceeds to provide a step by step guideline for how schemes can integrate priority biodiversity layers. This guideline will further be added as an addendum to the National Land Use Guidelines. Although the planning act calls for local government to have wall to wall schemes within 5 years of its enactment, many municipalities will not meet this deadline and so this guideline will support them in the development of their new schemes.

Keywords: biodiversity, climate change, land use schemes, local government

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Authors: Nomcebo N. Mpili, Cynthia Z. Madlabana

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The South African Primary Health Care (PHC) system has undergone a number of transformations such as the introduction of National Health Insurance (NHI) to bring about easily accessible universal health coverage and to meet the health needs for all its citizens. This provides ongoing challenges to ensure that health workers are equipped with appropriate knowledge, support, and skills to meet these changes. Therefore it is crucial to understand the experiences and challenges of nurses as the backbone of PHC in providing quality healthcare services. In addition there has been a need to understand nurses’ experiences with management support, role ambiguity and role conflict amongst other challenges in light of the current reforms in healthcare. Indeed these constructs are notorious for having a detrimental impact on the outcomes of change initiatives within any organisation, this is no different in healthcare. This draws a discussion on professional nurses within the South African health care system especially since they have been labelled as the backbone of PHC, meaning any healthcare backlog falls on them. The study made use of semi-structured interviews and adopted the interpretative phenomenological approach (IPA) as the researcher aimed to explore the lived experiences of (n= 18) participants. The study discovered that professional nurses experienced a lack of management support within PHC facilities and that management mainly played an administrative and disciplinary role. Although participants mainly held positive perceptions with regards to changes happening in health care however they also expressed negative experiences in terms of how change initiatives were introduced resulting in role conflict and role ambiguity. Participants mentioned a shortage of staff, inadequate training as well as a lack of management support as some of the key challenges faced in facilities. This study offers unique findings as participants have not only experienced the various reforms within the PHC system however they have also been part of NHI pilot. The authors are not aware of any other studies published that examine management support, role conflict and role ambiguity together especially in South African PHC facilities. In conclusion understanding these challenges may provide insight and opportunities available to improve the current landscape of PHC not only in South Africa but internationally.

Keywords: management support, professional nurse, role ambiguity, role conflict

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Authors: Barbara Janari

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In this paper it is argued that the effect of the disjunctive temporality in Summertime (the third of J.M. Coetzee’s fictionalised memoirs) is two-fold: firstly, it reflects the memoir’s ambivalent, contradictory representations of place in order to emphasize the fractured sense of self growing up in South Africa during apartheid entailed for Coetzee. Secondly, it reconceives the autobiographical discourse as one that foregrounds the inherent fictionality of all texts. The memoir’s narrative is filtered through intricate textual strategies that disrupt the chronological movement of the narrative, evoking the labyrinthine ways in which the past and present intersect and interpenetrate each other. It is framed by entries from Coetzee’s Notebooks: it opens with entries that cover the years 1972–1975, and ends with a number of undated fragments from his Notebooks. Most of the entries include a short ‘memo’ at the end, added between 1999 and 2000. While the memos follow the Notebook entries in the text, they are separated by decades. Between the Notebook entries is a series of interviews conducted by Vincent, the text’s putative biographer, between 2007 and 2008, based on recollections from five people who had known Coetzee in the 1970s – a key period in John’s life as it marks both his return to South Africa after a failed emigration attempt to America, and the beginning of his writing career, with the publication of Dusklands in 1974. The relationship between the memoir’s various parts is a key feature of Coetzee’s representation of place in Summertime, which is constructed as a composite one in which the principle of reflexive referencing has to be adopted. In other words, readers have to suspend individual references temporarily until the relationships between the parts have been connected to each other. In order to apprehend meaning in the text, the disparate narrative elements have to first be tied together. In this text, then, the experience of time as ordered and chronological is ruptured. Instead, the memoir’s themes and patterns become apparent most clearly through reflexive referencing, by which relationships between disparate sections of the text are linked. The image of the fictional John that emerges from the text is a composite of this John and the author, J.M. Coetzee, and is one which embodies Coetzee’s often fraught relationship with his home country, South Africa.

Keywords: autobiography, place, reflexive referencing, temporality

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Authors: Gabriel Acha Ekobi

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Fathers play a crucial role in meeting family needs such as affection, protection, and socio-economic needs of children in the world in general and South Africa in particular. Fathers’ role in children’s lives is important in providing socialization, leadership skills, and teaching societal norms. Fathers influence is very significant for children’s well-being and development as it provides the child with moral lessons, guidance, and economic support. However, there is a paucity of information regarding the effects of fathers on children. In addition, despite legal frameworks such as the African Charter on the Rights and Welfare of the child (1999) introduced by the African Union to promote child rights nevertheless, it appears maltreatment, abuse, and poor health care continue to face children. Also, the Constitution of 1996 of the Republic of South Africa (Section 28 of the Bill of Rights) and the Children’s Act 38 of 2005 were introduced by the South African government to foster the rights of children. Nevertheless, these legal frameworks remain ineffective as children’s rights are still neglected by resident fathers. This paper explores the impact of resident fathers on children in the Golf View, Alice town of the Eastern Cape Province, South Africa. A qualitative research method and an exploratory research design were utilized, and 30 participants took part in the study. The participants comprised of single mothers or caregivers of children, resident fathers and social workers. Eighteen (18) single mothers or caregivers, 10 resident fathers, and two (2) social workers participated in the study. Data was collected using semi-structured and unstructured interviews and analysed thematically. Two main themes were identified: the role of fathers on children and the effects of resident fathers on children. The study found that the presence of fathers in the lives of children prevented psychosocial issues such as stress, depression, violence, and substance abuse. A father’s presence in a household was crucial in instilling moral values in children. This allowed them to build positive characters such as respect, kindness, humility, and compassion. Children with more involved fathers tend to have fewer impulse control problems, longer attention spans, and a higher level of sociability. The study concludes that the fathers’ role prevented anxiety, depression, and stress and led to the improvement of children’s education performance. Nevertheless, the absence of a father as a role model to act as a leader by instilling moral values hinders positive behaviours in children. This study recommended that occupational training and life skills programmes should be introduced by the government and other stakeholders to empower the fathers as this might provide the platform for them to bring up their children properly.

Keywords: children, fathering, household, resident, single parent

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Authors: Joel Niklaus, Matthias Sturmer

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The publication of judicial proceedings is a cornerstone of many democracies. It enables the court system to be made accountable by ensuring that justice is made in accordance with the laws. Equally important is privacy, as a fundamental human right (Article 12 in the Declaration of Human Rights). Therefore, it is important that the parties (especially minors, victims, or witnesses) involved in these court decisions be anonymized securely. Today, the anonymization of court decisions in Switzerland is performed either manually or semi-automatically using primitive software. While much research has been conducted on anonymization for tabular data, the literature on anonymization for unstructured text documents is thin and virtually non-existent for court decisions. In 2019, it has been shown that manual anonymization is not secure enough. In 21 of 25 attempted Swiss federal court decisions related to pharmaceutical companies, pharmaceuticals, and legal parties involved could be manually re-identified. This was achieved by linking the decisions with external databases using regular expressions. An automated re-identification system serves as an automated test for the safety of existing anonymizations and thus promotes the right to privacy. Manual anonymization is very expensive (recurring annual costs of over CHF 20M in Switzerland alone, according to an estimation). Consequently, many Swiss courts only publish a fraction of their decisions. An automated anonymization system reduces these costs substantially, further leading to more capacity for publishing court decisions much more comprehensively. For the re-identification system, topic modeling with latent dirichlet allocation is used to cluster an amount of over 500K Swiss court decisions into meaningful related categories. A comprehensive knowledge base with publicly available data (such as social media, newspapers, government documents, geographical information systems, business registers, online address books, obituary portal, web archive, etc.) is constructed to serve as an information hub for re-identifications. For the actual re-identification, a general-purpose language model is fine-tuned on the respective part of the knowledge base for each category of court decisions separately. The input to the model is the court decision to be re-identified, and the output is a probability distribution over named entities constituting possible re-identifications. For the anonymization system, named entity recognition (NER) is used to recognize the tokens that need to be anonymized. Since the focus lies on Swiss court decisions in German, a corpus for Swiss legal texts will be built for training the NER model. The recognized named entities are replaced by the category determined by the NER model and an identifier to preserve context. This work is part of an ongoing research project conducted by an interdisciplinary research consortium. Both a legal analysis and the implementation of the proposed system design ESRA will be performed within the next three years. This study introduces the system design of ESRA, an end-to-end system for re-identification and anonymization of Swiss court decisions. Firstly, the re-identification system tests the safety of existing anonymizations and thus promotes privacy. Secondly, the anonymization system substantially reduces the costs of manual anonymization of court decisions and thus introduces a more comprehensive publication practice.

Keywords: artificial intelligence, courts, legal tech, named entity recognition, natural language processing, ·privacy, topic modeling

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Authors: Mookgo Solomon Kgatle

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Introductory Statement: The effect of corruption in South Africa has seriously constrained development of the national economy and has significantly inhibited good governance in the country. The significance of this paper is a demonstration that Corruption in a South African government is greatly influenced by the culture of greed by leaders in government. Many leaders in government are not satisfied with what they receive on monthly basis in the form of salaries and allowances. Thus, the quest to accumulate, as many material possessions by cabinet ministers and public servants is what is crippling the annual budget and disadvantaging the poor masses of our people including women, children and the elderly. Basic Methodology: In order to deal with this dilemma, this paper proposes ethical leadership as a theological and ethical alternative and antidote to the culture of greed in government. Research Findings: Ethical leadership is proposed because unlike the culture of greed, it is a leadership that is based on respect for ethical principles and standards and for the dignity and privileges of others. Ethical leadership is synonymous with principles like trust, morality, consideration, equality, and justice. Conclusion: The conclusion is that ethical leadership is one of the solutions that can assist the South African government to deal with the root causes of corruption, that is, the culture of greed.

Keywords: ethical leadership, theological ethics, culture of greed, corruption, governance

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Authors: E. M. Mhlongo, E. Lutge

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In 2010, South Africa’s National Department of Health (NDoH) launched national primary health care (PHC) initiative to strengthen health promotion, disease prevention, and early disease detection. The strategy, called Re-engineering Primary Health Care (rPHC), aims to support a preventive and health-promoting community-based PHC model by using community-based outreach teams (known in South Africa as Ward-based Primary Health Care Outreach teams or WBPHCOTs). These teams provide health education, promote healthy behaviors, assess community health needs, manage minor health problems, and support linkages to health services and health facilities. Ward based primary health care outreach teams are supervised by a professional nurse who is the outreach team leader. In South Africa, the WBPHCOTs have been established, registered, and are reporting their activities in the District Health Information System (DHIS). This study explored and described the challenges faced by outreach team leaders in supporting and supervising the WBPHCOTs. Qualitative data were obtained through interviews conducted with the outreach team leaders at a sub-district level. Thematic analysis of data was done. Findings revealed some challenges faced by team leaders in day to day execution of their duties. Issues such as staff shortages, inadequate resources to carry out health promotion activities, and lack of co-operation from team members may undermine the capacity of team leaders to support and supervise the WBPHCOTs. Many community members are under the impression that the outreach team is responsible for bringing the clinic to the community while the outreach teams do not carry any medication/treatment with them when doing home visits. The study further highlights issues around the challenges of WBPHCOTs at a household level. In conclusion, the WBPHCOTs are an important component of National Health Insurance (NHI), and in order for NHI to be optimally implemented, the issues raised in this research should be addressed with some urgency.

Keywords: community health worker, national health insurance, primary health care, ward-based primary health care outreach teams

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Authors: Jessica Leigh Thornton

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The South African Constitution outlines provisions for every detainee and sentenced prisoner in relation to the human rights recognized in the country since 1994; but currently, across the country, prisons have yet to meet many of these criteria. Consequently, their day-to-day lives are marked by extreme lack of privacy, high rates of infection, poor nutrition, and deleterious living conditions, which steadily erode prisoners’ mental and physical capacities rather than rehabilitating inmates so that they can effectively reintegrate into society. Even more so, policy reform, advocacy, security, and rehabilitation programs continue to be based on research and theories that were developed to explain the experiences of men, while female offenders are seen as the “special category” of inmates. Yet, the experiences of women and their pathways to incarceration are remarkably different from those of male offenders. Consequently, little is known about the profile, nature and contributing factors and experiences of female offenders which has impeded a comprehensive and integrated understanding of the subject of female criminality. The number of women globally in correctional centers has more than doubled over the past fifteen years (these increases vary from prison to prison and country to country). Yet, female offenders have largely been ignored in research even though the minority status of female offenders is a phenomenon that is not peculiar to South Africa as the number of women incarcerated has increased by 68% within the decade. Within South Africa, there have been minimal studies conducted on the gendered experience of offenders. While some studies have explored the pathways to female offending, gender-sensitive correctional programming for women that respond to their needs has been overlooked. This often leads to a neglect of the needs of female offenders, not only in terms of programs and services delivery to this minority group but also from a research perspective. In response, the aim of the proposed research is twofold: Firstly, the lived experiences and views of rehabilitation and reintegration of female offenders will be explored. Secondly, the various pathways into and out of recidivism amongst female offenders will be investigated regarding their inclusion in educational rehabilitation.

Keywords: female incarceration, educational rehabilitation, exclusion, experiences of female offenders

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Authors: Agne Andrijauskaite

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The observance of procedural rights by administrative authorities is essential for the effective implementation of subjective rights and is part and parcel of the notion of good governance. Whilst a lot of legal scholarship addresses the scope and content of such rights under the European Union legal framework, a very limited attention is given to their application in the case law of European Court of Human Rights (ECtHR) despite its growing engagement with the subject. This paper written as a part of a wider project on the development of pan-European principles of good administration by the Council of Europe aims to fill this lacuna. This will be done by delimiting the scope and extent of individual procedural safeguards through an analysis of the practice of the ECtHR. The right to be heard, the right to access the files and the right to a decision in reasonable time by administrative authorities will be selected as loci classici for the purpose of this article. The results presented in the paper should contribute to the awareness of growing body of ECtHR’s case-law revolving around administrative procedural law and the growing debate on the notion of good governance found therein within academic community.

Keywords: European Court of Human Rights, good governance, procedural rights, procedural Law

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Authors: Oluwatayo Abioye, Anthony Okoh

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In the past view decades; human has experienced outbreaks of infections caused by pathogenic Vibrio spp which are commonly found in aquatic milieu. Asides the well-known Vibrio cholerae, discovery of other pathogens in this genus has been on the increase. While the dynamics of occurrence and distribution of Vibrio spp have been linked to some physicochemical parameters in salt water, data in relation to fresh water is limited. Hence, two rivers of importance in the Eastern Cape, South Africa were selected for this study. In all, eleven sampling sites were systematically identified and relevant physicochemical parameters, as well as Vibrio spp density, were determined for the period of six months using standard instruments and methods. Results were statistically analysed to determined key physicochemical parameters that determine the density of Vibrio spp in the selected rivers. Results: The density of Vibrio spp in all the sampling points ranges between < 1 CFU/mL to 174 x 10-2 CFU/mL. The physicochemical parameters of some of the sampling points were above the recommended standards. The regression analysis showed that Vibrio density in the selected rivers depends on a complex relationship between various physicochemical parameters. Conclusion: This study suggests that Vibrio spp density in fresh water does not depend on only temperature and salinity as suggested by earlier studies on salt water but rather on a complex relationship between several physicochemical parameters.

Keywords: vibrio density, physicochemical properties, pathogen, aquatic milieu

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Authors: Jorine T. Ndoro, Marietjie Van Der Merwe

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Rural poverty remains a critical challenge in most developing countries and the participation of farmers in agricultural projects has taken a key role in development initiatives. Farmers’ participation in agricultural initiatives is crucial towards poverty alleviation and food security. Farmers’ involvement directly contributes towards sustainable agricultural development and livelihoods. This study focuses on investigating the perceptions of farmers’ participation in a community garden project. The study involved farmers belonging to community garden project in Imphendhle municipality in Mgungundlvu district of KwaZulu-Natal in South Africa. The study followed a qualitative research design using an interpretive research paradigm. The data was collected through conducting in-depth semi-structured interviews and a focus group was conducted with the eight farmers belonging to the community garden project. The findings show that the farmers are not involved in decision makings in the project. The farmers are passive participants. Participation of the farmers was mainly to carry out the activities from the extension officers. The study recommends that farmers be actively involved in projects and programmes introduced in their communities. Farmers’ active participation contributes to the sustainability of the projects through a sense of ownership.

Keywords: farmers, participation, agricultural extension, community garden

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Authors: Tsediso Makoelle

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South Africa like in other parts of the world has acknowledged the prevalence of the phenomenon of homosexuality in the society. Due to the number of homosexuality cases in the South African society, questions have been asked about the impact of homosexuality in schools and how teachers and learners deal with homosexuality within the context of an emerging inclusive education system. This qualitative study analysis the experiences of teachers and learners in selected secondary schools in relation to prevalence of transgender in schools. Interviews were conducted with principals, teachers and focus group of learners in schools were cases homosexuality have been reported. Data was analysed using an inductive analysis framework. Among the findings was that homosexuality is still viewed as a taboo in Black-African dominated school communities and that the need to create all-embracing and inclusive environment was evident. The study suggests a needs to open communications in communities about homosexuality in order to develop an all-inclusive environment for all learners regardless of their sexual orientation.

Keywords: homosexuality, inclusive education, sexual orientation, transgender

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Authors: Myles Frederick McLellan

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When errors in the criminal justice process lead to wrongful convictions and miscarriages of justice, it falls upon the State to make reparation for the egregious harms brought to innocent individuals. Of all the remedies available to seek compensation, private and public law litigation against the police and prosecution services is the most widely used. Unfortunately, all levels of court including the Supreme Court of Canada have explicitly endorsed the prospect of striking out or dismissing these claims at the outset on an expedited basis. The burden on agents of the State as defendants to succeed on motions for such relief is so low that very few actions will survive to give an innocent accused his or her day in court. This paper will be a quantitative and qualitative analysis on the occurrence and success of motions to strike and dismiss to forestall financial recovery for the damage caused when a criminal investigation and prosecution goes wrong. This paper will also include a comparative component on the private law systems at common law (e.g. USA, UK, Australia and New Zealand) with respect to the availability of a similar process to pre-emptively terminate litigation for the recovery of compensation to an innocent individual.

Keywords: compensation, innocence, miscarriages of justice, wrongful convictions

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Authors: Londeka Ngubane

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The use of corporal punishment is not a new phenomenon in the South African education system as it was, for a long time, recognised as a fitting form of punishment for ill-disciplined and disobedient children. The growing recognition that corporal punishment is an act of violence against children has resulted in the abolishment of this form of punishment in society and particularly in schools. However, regardless of criminalising corporal punishment, it appears to be a disciplinary measure that is persistently used by some educators. Historically and currently, the intimate connection between corporal punishment and discipline has not merely been a convention of human thinking, as this practice is given recognition in various definitions in dictionaries. ‘To discipline’ is habitually stated to mean ‘to punish’. The notion of ‘disciplining children’ also comes from entrenched common conceptions about children and their relationship with adults. Corporal punishment has, for a long time, been associated with the rearing and education of children, and this practice thus pervades schooling across nations. In many societies, punishment is a term that is closely linked with the self-perception of teachers who feel that they must be ‘in control’ and have ‘the upper hand’ in order to be respected. This impression of control is evident in the widespread conception of education which is to ‘socialize’ children in ‘desirable ways’ of ‘sitting in a formal classroom’, ‘behaving’ in school, ‘following instructions’ from the teacher, talking only when asked to, and finishing tasks on time. It was against this backdrop that a comprehensive review of relevant literature was undertaken and that individual interviews were conducted with fifty learners from four schools (two junior secondary and two senior secondary schools) in a selected township area in KwaZulu-Natal Province. The main aim of the study was to explore and thus understand learners’ views on the administration of corporal punishment regardless of the fact that it was legally abolished. It was envisaged that the interviews with the learners would elicit rich data that would enhance the researcher’s insight into their perceptions of the persistent use of corporal punishment as a disciplinary measure in their schools. The study was thus premised on the assumption, which had been strengthened by anecdotal and media evidence, that corporal punishment was still administered in some schools in South Africa and in schools in the study area in particular.

Keywords: corporal punishment, ban, school learners, South Africa

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Authors: Maryam Idris Bakori

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The level of poverty in our region (West Africa) is a severe problem. The statistics about it are scary and alarming. For example, Report on Economic and Social Conditions in West Africa by United Nations Economic Commission for Africa gives the following gloomy picture of social conditions in the region: In West Africa, approximately one person in three in the towns, and one in two in the rural areas, cannot afford the expenditure needed to cover their basic needs. The situation has reached emergency proportions and calls for urgent social action (Recent Economic and Social Developments in West Africa and Prospects for 2010). Many different policies and programs to combat the poverty in the region have been embarked upon by the government of various countries in West Africa, but yet the ugly face of poverty persists. However, to explore opportunities and avenues for making positive contributions to national and regional development, this paper sets out to examine the role of two Islamic institutions; Zakah and Waqf, in poverty alleviation and how Islam uses these two institutions among others to eradicate poverty. The paper suggests that the governments of various countries of West Africa should endeavor to integrate Zakah and Waqf into their poverty alleviation programs by borrowing a leaf from some countries in Africa and Asia that have integrated these Islamic institutions into their poverty reduction programs, and they have started to reap the positive result from the policy.

Keywords: waqf, poverty, zakah, Islamic economy, education

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Authors: A. Saimen, E. Armstrong, C. Manitshana

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Intimate partner violence (IPV) has been recognised as a global human rights violation. It is universally under diagnosed and the institution of timeous multi-faceted interventions has been noted to benefit IPV victims. Currently, the concept of using a screening tool to detect IPV has not been widely explored in a primary healthcare setting in South Africa, and it was for this reason that this study has been undertaken. A systematic random sampling of 1 in 8 women over a period of 3 months was conducted prospectively at the OPD of a Level 1 Hospital. Participants were asked about their experience of IPV during the past 12 months. The WAST-short, a two-question tool, was used to screen patients for IPV. To verify the result of the screening, women were also asked the remaining questions from the WAST. Data was collected from 400 participants, with a response rate of 99.3%. The prevalence of IPV in the sample was 32%. The WAST-short was shown to have the following operating characteristics: sensitivity 45.2%, specificity 98%,positive predictive value 98%, negative predictive value 79%. The WAST-short lacks sufficient sensitivity and therefore is not an ideal screening tool for this setting. Improvement in the sensitivity of the WAST-short in this setting may be achieved by lowering the threshold for a positive result for IPV screening, and modification of the screening questions to better reflect IPV as understood by the local population.

Keywords: domestic violence, intimate partner violence, screening, screening tools

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Authors: Itumeleng Judith Maome, Robert Walter Dumisani Zondo

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The concept of Corporate Social Responsibility (CSR) has gained popularity as a management philosophy in companies. They integrate social and environmental concerns into their operations and interactions with stakeholders. While CSR has mostly been associated with large organisations, it contributes to societal goals by engaging in activities or supporting volunteering or ethically oriented practices. However, small and medium enterprises (SMEs) have been recognised for their contributions to the social and economic development of any country. Consequently, this study examines the effect of CSR practices on human resource performance in the selected manufacturing SME in South Africa. This study was quantitative in design and examined the production and related experiences of the manufacturing SME organisation that had adopted a CSR strategy for human resource improvement. The study was achieved by collecting pre- and post-quarterly data, overtime, for employee turnover and labour absenteeism for analysis using the regression model. The results indicate that both employee turnover and labour absenteeism have no relationship with human resource performance post-CSR implementation. However, CSR has a relationship with human resource performance. Any increase in CSR activities results in an increase in human resource performance.

Keywords: corporate social responsibility, employee turnover, human resource, labour absenteeism, manufacturing SME

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Authors: Mohammadbagher Asghariaghamashhadi

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Internet users normally are automatically linked to an advertisement sponsored by a bidder when Internet users enter any trademarked keyword on a search engine. This advertisement appears beside the search results. Through the process of keyword advertising, advertisers can connect with many Internet users and let them know about their goods and services. This concept has generated heated disagreements among legal scholars, trademark proprietors, advertisers, search engine owners, and consumers. Therefore, use of trademarks in keyword advertising has been one of the most debatable issues in trademark law for several years. This entirely new way of using trademarks over the Internet has provoked a discussion concerning the core concepts of trademark law. In respect to legal issues, European Union (EU) trademark law is mostly governed by the Trademark Directive and the Community Trademark Regulation. Article 5 of the directive and Article 9 of the trademark regulation determine the circumstances in which a trademark owner holds the right to prohibit a third party’s use of his/her registered sign. Harmonized EU trademark law proved to be ambiguous on whether using of a trademark is amounted to trademark infringement or not. The case law of the European Court of Justice (ECJ), with reference to this legislation, is mostly unfavorable to trademark owners. This ambivalence was also exhibited by the case law of EU Member States. European keyword advertisers simply could not tell which use of a competitor‘s trademark was lawful. In recent years, ECJ has continuously expanded the scope and reach of trademark protection in the EU. It is notable that Inconsistencies in the Court’s system of infringement criteria clearly come to the fore and this approach has been criticized by analysts who believe that the Court should have adopted a more traditional approach to the analysis of trademark infringement, which was suggested by its Advocate General, in order to arrive at the same conclusion. Regarding case law of keyword advertising within Europe, one of the most disputable cases is Interflora vs. Marks and Spencer, which is still on-going. This study examines and critically analyzes the decisions of the ECJ, the high court of England, and the Court of Appeals of England and address critically keyword advertising issue within European trademark legislation.

Keywords: ECJ, Google, Interflora, keyword advertising, Marks and Spencer, trademark infringement

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Authors: Vojo George Fasinu, Nadaraj Govender, Predeep Kumar

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An Antenna, which remains the hub of technological development in Africa had been found to be a course that is been taught and designed in an abstract manner in some universities. One of the reasons attached to this is that the appropriate approach of teaching antenna design is not yet understood by many engineering academics in some universities in South Africa. Also, another problem reported is the main difficulty encountered when interpreting and applying some of the mathematical concepts learned into their practical antenna design course. As a result of this, some engineering experts classified antenna as a mysterious technology that could not be described by anybody using mathematical concepts. In view of this, this paper takes it as its point of departure in explaining what an antenna is all about with a strong emphasis on its mathematical modelling. It also argues that the place of modelling mathematical concepts into the teaching of engineering design cannot be overemphasized. Therefore, it explains the mathematical concepts adopted during the teaching of an antenna design course, the Strategies of modelling those mathematics concepts, the behavior of antennas, and their mathematics usage were equally discussed. More so, the paper also sheds more light on mathematical modelling in South Africa context, and also comparative analysis of mathematics concepts taught in mathematics class and mathematics concepts taught in engineering courses. This paper focuses on engineering academics teaching selected topics in electronic engineering (Antenna design), with special attention on the mathematical concepts they teach and how they teach them when teaching the course. A qualitative approach was adopted as a means of collecting data in order to report the naturalistic views of the engineering academics teaching Antenna design. The findings of the study confirmed that some mathematical concepts are being modeled into the teaching of an antenna design with the adoption of some teaching approaches. Furthermore, the paper reports a didactical-realistic mathematical model as a conceptual framework used by the researchers in describing how academics teach mathematical concepts during their teaching of antenna design. Finally, the paper concludes with the importance of mathematical modelling to the engineering academics and recommendations for further researchers.

Keywords: modelling, mathematical concepts, engineering, didactical, realistic model

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Authors: Marchant Van Der Schyff

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South Africa remains one of the most dangerous places for women – lesbians in particular – to live freely and safely, where a culture of patriarchy and a lack of socio-economic opportunity are ubiquitous throughout its communities. While the Internet has given a wider platform to provide insights to issues plaguing lesbians, very little information exists regarding the elements used in the construction of these online reports. This is not only due to the lack of language required to contextualise lesbian issues, but also persistent institutional and societal homophobia. This article describes the technical frames used in the online news reporting of four case studies of ‘queercide’. Through using a thematic coding sheet, data was collected from 70 online articles purposively selected based on priori population characteristics. The study found technical elements, such as the length of online reports, credible sources used, ‘code driven’-, and ‘user driven’ elements which were identified in the coded online articles. From the conclusions some clear trends emerged enabling the construction of a Venn-type diagram which present insights to how the murder of lesbians (referred to as ‘queercide’ in the article) is being reported on by online news media compared to the contemporary theoretical discussions on how these cases should be reported on.

Keywords: journalism, lesbian murder, queercide, technical frames, reporting, online

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Authors: N. C. van der Merwe, J. Oosthuizen, M. F. Makhetha, J. Adams, B. K. Dajee, S-R. Schneider

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Women representing high-risk breast cancer families, who tested negative for pathogenic mutations in BRCA1 and BRCA2, are four times more likely to develop breast cancer compared to women in the general population. Sequencing of genes involved in genomic stability and DNA repair led to the identification of novel contributors to familial breast cancer risk. These include BLM and PALB2. Bloom's syndrome is a rare homozygous autosomal recessive chromosomal instability disorder with a high incidence of various types of neoplasia and is associated with breast cancer when in a heterozygous state. PALB2, on the other hand, binds to BRCA2 and together, they partake actively in DNA damage repair. Archived DNA samples of 66 BRCA1/2 negative high-risk breast cancer patients were retrospectively selected based on the presence of an extensive family history of the disease ( > 3 affecteds per family). All coding regions and splice-site boundaries of both genes were screened using High-Resolution Melting Analysis. Samples exhibiting variation were bi-directionally automated Sanger sequenced. The clinical significance of each variant was assessed using various in silico and splice site prediction algorithms. Comprehensive screening identified a total of 11 BLM and 26 PALB2 variants. The variants detected ranged from global to rare and included three novel mutations. Three BLM and two PALB2 likely pathogenic mutations were identified that could account for the disease in these extensive breast cancer families in the absence of BRCA mutations (BLM c.11T > A, p.V4D; BLM c.2603C > T, p.P868L; BLM c.3961G > A, p.V1321I; PALB2 c.421C > T, p.Gln141Ter; PALB2 c.508A > T, p.Arg170Ter). Conclusion: The study confirmed the contribution of pathogenic mutations in BLM and PALB2 to the familial breast cancer burden in South Africa. It explained the presence of the disease in 7.5% of the BRCA1/2 negative families with an extensive family history of breast cancer. Segregation analysis will be performed to confirm the clinical impact of these mutations for each of these families. These results justify the inclusion of both these genes in a comprehensive breast and ovarian next generation sequencing cancer panel and should be screened simultaneously with BRCA1 and BRCA2 as it might explain a significant percentage of familial breast and ovarian cancer in South Africa.

Keywords: Bloom Syndrome, familial breast cancer, PALB2, South Africa

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Authors: Brighton Chamunorwa

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The current remote sensing of water quality procedures does not provide a step representing physical visualisation of the monitored dam. The application of the remote sensing of water quality techniques may benefit from use of mathematical morphology operators for shape identification. Given an input of dam outline, morphological operators such as the hit or miss transform identifies if the water body is present on input remotely sensed images. This study seeks to determine the accuracy of the hit or miss transform to identify dams monitored by the water resources authorities in South Africa on satellite images. To achieve this objective the study download a Landsat image acquired in winter and tested the capability of the hit or miss transform using shapefile boundaries of dams in the crocodile marico catchment. The results of the experiment show that it is possible to detect most dams on the Landsat image after the adjusting the erosion operator to detect pixel matching a percentage similarity of 80% and above. Successfully implementation of the current study contributes towards optimisation of mathematical morphology image operators. Additionally, the effort helps develop remote sensing of water quality monitoring with improved simulation of the conventional procedures.

Keywords: hit or miss transform, mathematical morphology, remote sensing, water quality monitoring

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Authors: J. Jayaletchmi

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In seeking to manage a multiracial and multi-religious society, Singapore provides a unique solution – a dual court system whereby a common law system co-exists with a Syariah law system that administers Syariah law for the Muslim population. In this respect, Singapore seems to provide a feasible example of legal pluralism to countries grappling with a burgeoning Muslim population. However, problems have arisen regarding this peaceful coexistence of secular and religious laws that seek to balance the rights of women and religious freedom. Singapore’s interpretation of Syariah law in the context of marriage and divorce has resulted in certain inequalities for Muslim women, which are exemplified in light of the Women’s Charter, a landmark piece of legislation which provides the legal basis for equity between husband and wife, but excludes Muslims from its ambit. The success of Singapore’s dual court system has largely been at the expense of Muslim women’s rights, and, as a result, the Muslim community as a whole has begun trailing behind the progressive society it forms a part of. This paper explores the prevailing unfairness of rules governing Muslim marriage and divorce in Singapore, and puts forth bold reforms.

Keywords: legal pluralism, Singapore, Syariah law, women’s rights

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Authors: M. Linda Phooko, Phesheya E. Dlamini, Vusumuzi E. Mbanjwa, Rhandu Chauke

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The decline of yields as a consequence of miss-informed land-use decisions poses a threat to sustainable agriculture in South Africa. The non-uniform growth pattern of wheat crop and the yields below expectations has been one of the main concerns for Timatjatji community farmers. This study was then conducted to characterize, classify, and evaluate soils of the farm for sustainable land use planning. A detailed free survey guided by surface features was conducted on a 25 ha farm to check soil variation. It was revealed that Sepane (25%), Bonheim (21%), Rensburg (18%), Katspruit (15%), Arcadia (12%) and Dundee (9%) were the dominant soil forms found across the farm. Field soil description was done to determine morphological characteristics of the soils which were matched with slope percentage and climate to assess the potential of the soils. The land capability results showed that soils were generally shallow due to high clay content in the B horizon. When the climate of the area was factored in (i.e. land potential), it further revealed that the area has low cropping potential due to heat, moisture stress and shallow soils. This implies that the farm is not suitable for annual cropping but can be highly suitable for planted pastures.

Keywords: characterization, land capability, land evaluation, land potential

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