Search results for: constitutional court of south africa

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: Aisha Adam

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This study critically examines the transformative impact of automated decision-making (ADM) and artificial intelligence (AI) systems on South African labour law. As AI technologies increasingly infiltrate workplaces, existing liability frameworks face challenges in addressing the unique complexities presented by these innovations. This article explores the necessity of redefining liability to accommodate the nuanced landscape of ADM and AI within South African labour law. It emphasises the importance of ensuring responsible deployment and safeguarding the rights of workers amid evolving technological dynamics. This research investigates the central concern of fairness, bias, and discrimination in ADM and AI decision-making. Focusing on algorithmic bias and discriminatory outcomes, the paper advocates for the integration of mechanisms within the South African legal framework, particularly under the Promotion of Equality and Prevention of Unfair Discrimination Act (PEPUDA) and the Employment Equity Act (EEA). The study scrutinises the shifting dynamics of the employment relationship, calling for clear guidelines on the responsibilities and liabilities of employers, employees, and technology providers. Furthermore, the article analyses legal and policy responses to ADM and AI within South African labour law, exploring potential amendments to legislation, guidelines, and codes of practice. It assesses the role of regulatory bodies, specifically the Commission for Conciliation, Mediation, and Arbitration (CCMA), in overseeing and enforcing responsible practices in the workplace. Lastly, the research evaluates the impact of ADM and AI on human and social rights in the South African context. Emphasising the protection of constitutional rights, including fair labour practices, privacy, and equality, the study proposes remedies and safeguards. It advocates for a multidisciplinary approach involving legal, technological, and ethical considerations to redefine liability in South African labour law effectively. The article contends that a shift from accountability to responsibility is crucial for promoting fairness, antidiscrimination, and the protection of human and social rights in the age of automated decision-making. It calls for collaborative efforts among stakeholders to shape responsible practices and redefine liability in this evolving technological landscape.

Keywords: automated decision-making, artificial intelligence, labour law, vicarious liability

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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: 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: 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: 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: 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: 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: 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: 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: Laura Çami (Vorpsi), Xhon Skënderi

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In today's rapidly evolving technological landscape, the traditional principles of contract law are facing significant challenges. The emergence of new technologies, such as electronic signatures, smart contracts, and online dispute resolution mechanisms, is transforming the way contracts are formed, interpreted, and enforced. This paper examines the implications of these technological advancements on the constitutional principles of contract law. One of the fundamental principles of contract law is freedom of contract, which ensures that parties have the autonomy to negotiate and enter into contracts as they see fit. However, the use of technology in the contracting process has the potential to disrupt this principle. For example, online platforms and marketplaces often offer standard-form contracts, which may not reflect the specific needs or interests of individual parties. This raises questions about the equality of bargaining power between parties and the extent to which parties are truly free to negotiate the terms of their contracts. Another important principle of contract law is the requirement of consideration, which requires that each party receives something of value in exchange for their promise. The use of digital assets, such as cryptocurrencies, has created new challenges in determining what constitutes valuable consideration in a contract. Due to the ambiguity in this area, disagreements about the legality and enforceability of such contracts may arise. Furthermore, the use of technology in dispute resolution mechanisms, such as online arbitration and mediation, may raise concerns about due process and access to justice. The use of algorithms and artificial intelligence to determine the outcome of disputes may also raise questions about the impartiality and fairness of the process. Finally, it should be noted that there are many different and complex effects of technical improvements on the fundamental constitutional foundations of contract law. As technology continues to evolve, it will be important for policymakers and legal practitioners to consider the potential impacts on contract law and to ensure that the principles of fairness, equality, and access to justice are preserved in the contracting process.

Keywords: technological advancements, constitutional principles, contract law, smart contracts, online dispute resolution, freedom of contract

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Authors: Ebrahim Rahmani, Siyamak Moazeni

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According to the Iraq's first constitutional law (approved 2005), Iraq is an independent with sovereignty and its governmental structure is parliamentary democratic republic and federal. Even in reforms in 2009, this article of law did not changed at all. But considering the existence of this emphasis and clarity which is mentioned in the law, different and sometimes contradictory interpretations and positions are expressed about federalism in the way that we can say, considering the importance of the matter, federalism is a focus point to create and expansion of the cold war among leaders of different groups of the country. Iraq's today political and security position has granted the suitable opportunity to Iraq's Kurdistan in appearing of the recent security crisis to increase its share from the central political power or to achieve to its independent dream. The federalism the weakest point of Iraq's territorial integrity in a way that if different groups do not come to a consensus about it and do not think about a mechanism which is accepted by all of them, this can effect on and Iraq's political stability and security. Iraq's Kurdistan follows the option of disintegration and separation under the shadow of political and security changes, even with existence of some Iraqi groups' hopes regarding the improvement of situation after parliament election and also considering Masoud Barezani's power will for separation from Iraq as well as regarding special international changes and disintegration of Karime from Ukraine and ISIS crises; concerns have been created among regional and international powers and interior players. In this article, a paradox due constitutional law about federalism, Iraq's central government view and its politicians to the matter and the regional effect of this action on region's geopolitics are reviewed as well.

Keywords: constitutional law, federalism, decomposition, Iraq's Kurdistan

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Authors: Ejovi Eghwubare Augustine

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This study delved into the traditional mechanisms of conflict resolution in Africa, a pathway to sustainable peace in Nigeria. It deployed the quantitative and qualitative methods of data collection and content analysis. The work adopted the Peace Process theory propounded by John Darby and Roger Macunity. It ascertained that disputes or disagreements are unarguably and necessarily an inevitable part of human existence, flowing directly from communication, interaction, and relationships which can occur at individual and national levels, even at international levels in view of the current trend of globalization. The alternative Dispute Resolution (ADR) mechanism is a basket of procedures outside the traditional process of litigation or strict determination of legal rights. It may also be elucidated as a range of procedures that serve as generally involve the intercession and assistance of a neutral and impartial third party. The traditional mechanisms of conflict resolution in Africa are alien to the Western world; this paper is of utmost importance to the Western world and also enriched their pool of literature. Nigeria is a country that is dominated by various ethnic groups anchored on diverse cultures, customs, and traditions. It is, therefore, not surprising to see conflicts arise, and despite the various attempts at resolving these conflicts through litigation, they still remained unabated. The paper investigated the lessons learned from Traditional Mechanisms of Conflict resolution; it also interrogated its impact and the way forward. In light of the lessons that were learned and the impact of the traditional mechanisms of conflict resolution, suggestions on how to attain a sustainable, peaceful society were proffered. In conclusion, the study crystallized reforms on the alternative dispute resolution introduced through the traditional mechanism, which includes, amongst others, that constitutional recognition should be given to traditional institutions of conflict resolution to enable quick dispensation of matters.

Keywords: traditional, conflict, peace, resolution

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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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Authors: Ntokozo Dennis Ndwandwe

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The aim of the study was to explore the barriers facing the implementation of peace education as a strategy to combat violence in selected secondary schools in the Western Cape Province of South Africa. The problem that motivated this enquiry was the absence of stable peace and the increase of incidents of violence in schools. A qualitative approach was followed when conducting the study, and small samples of three case studies of secondary schools were used. Method used in collecting data consisted of semi-structured interviews; focus group interviews and observation. The participants consisted of the program manager for Quaker for Peace Centre (QPC), three principals, nine teachers, and fifteen learners. Data were analysed by transcribing, organising, marking by hand and coding that produced labels that allowed key points to be highlighted. Findings revealed that the effective implementation of peace education was being constrained by factors such as financial constraints, inadequate time allocated, lack of parental involvement, over work-loaded teachers, negative attitude and other societal influences. It is recommended that teachers should receive an ongoing training for peace education. Therefore, the government should prioritise and provide funds for peace education. In addition, parental involvement should be improved in order to enhance the implementation of peace education in selected secondary schools.

Keywords: barriers, implementation, conflict, peace, peace education, conflict resolution, violence

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Authors: Masilonyane Mokhele

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Across the world, different planning models of the so-called airport-led developments are becoming bandwagons hailed as key to the future of cities. However, in the existing knowledge, there is paucity of empirically informed description and explanation of the economic fundamentals driving the forces of attraction of airports. This void is arguably a result of the absence of an appropriate theoretical framework to guide the analyses. Given this paucity, the aim of the paper is to contribute towards a theoretical framework that could be used to describe and explain forces that drive the location and mix of airport-centric developments. Towards achieving this aim, the objectives of the paper are: one, to establish the type of economic activities that are located on and around O.R. Tambo International Airport (ORTIA), and analyse the reasons for locating there; two, to establish changes that have occurred over time in the form of the airport-centric development of ORTIA; three, to identify the propulsive economic qualities of ORTIA; four, to analyse the spatial, economic and structural linkages within the airport-centric development of ORTIA, between the airport-centric development and the airport, as well as the airport-centric development’s linkages with their metropolitan area and other regional, national and international airport-centric developments and locations. To address the objectives above, the study adopted a case study approach, centred on ORTIA in South Africa: Africa’s busiest airport in terms of passengers and airfreight handled. Using a lens of location theory, a survey was adopted as a main research method, wherein telephonic interviews were conducted with a representative number of firms on and around ORTIA. Other data collection methods encompassed in-depth qualitative interviews (to augment the information obtained through the survey) and analysis of secondary information, particularly as regards establishing changes that have occurred in the form of ORTIA and surrounds. From the empirical findings, ORTIA was discovered to have propulsive economic qualities that act as significant forces of attraction in the clustering of firms. Together with its airport-centric development, ORTIA was discovered to have growth pole properties because of the linkages that occur within the study area, and the linkages that exist between the airport-centric firms and the airport. It was noted that the transport-oriented firms (typified by couriers and freight carriers) act as anchors in some fellow airport-centric firms making use of elements of urbanisation economies, particularly as regards the use of the airport for airfreight services. The empirical findings presented in the paper (in conjunction with results from other airport-centric development case studies) could be used as contribution towards extending theory that describes and explains forces that drive the location and mix of airport-centric developments.

Keywords: airports, airport-centric development, O. R. Tambo international airport, South Africa

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Authors: Nomakhosi Tshuma, Carley Chetty

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This study employed panel regression analysis to investigate the financial performance determinants of MTN and Vodacom’s rest of Africa businesses between 2012 to 2020. It used net profit margin, return on assets (ROA), and return on equity (ROE) as financial performance proxies. Financial performance determinants investigated were asset size, debt ratio, liquidity, number of subscribers, and exchange rate. Data relating to exchange rates were obtained from the World Bank website, while financial data and subscriber information were obtained from the companies’ audited financial statements. The study found statistically significant negative relationships between debt and both ROA and net profit, exchange rate and both ROA and net profit, and subscribers and ROE. It also found significant positive relationships between ROE and both asset size and exchange rate. The study recommends strategic options that optimise on the above findings, and these include infrastructure sharing to reduce infrastructure costs and the minimisation of foreign-denominated debt.

Keywords: financial performance, determinants of financial performance, business in Africa, telecommunications industry

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Authors: Titilope F. Onaolapo, Christiana A. Breed, Maya Pasgaard, Kristine E. Jensen, Peta Brom

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In the face of fast-growing urbanization in most of the world's developing countries, there is a need to understand and address the risk and consequences involved in the indiscriminate use of urban green space. Tshwane city in South Africa has the potential to become one of the world's top biodiversity cities as South Africa is ranked one of the mega countries in biodiversity conservation, and Tshwane metropolitan municipality is the city with the wealthiest biodiversity with grassland biomes. In this study, we focus on the potentials and challenges of urban green transitioning from the Global South perspective with Tshwane city as the case study. We also address the issue of management conflicts that have resulted in informal and illegal activities in and around green spaces, with consequences such as land degradation, loss of livelihoods and biodiversity, and socio-ecological imbalances. A desk study review of eight policy frameworks related to green urban planning and development was done based on four GI principles: multifunctionality, connectivity, interdisciplinary and social inclusion. We interviewed 15 key informants in related departments in the city and administered 200 survey questionnaires among residents. We also had several workshops the other researchers and experts on biodiversity and ecosystem. We found out there is no specific document dedicated to green space management, and where green infrastructure was mentioned, it was focused on as an approach to climate mitigation and adaptation. Also, residents perceive green and open spaces as extra land that could be developed at will. We demonstrated the use of collaborative learning approaches in ecological and development research and the tying research to the existing frameworks, programs, and strategies. Based on this understanding. We outlined the need to incorporate principles of green infrastructure in policy frameworks on spatial planning and environmental development. Furthermore, we develop a model for co-management of green infrastructures by stakeholders, such as residents, developers, policymakers, and decision-makers, to maximize benefits. Our collaborative, interdisciplinary projects pursue SDG multifunctionality of goals 11 and 15 by simultaneously addressing issues around Sustainable Cities and Communities, Climate Action, Life on Land, and Strong Institutions, and halt and reverse land degradation and biodiversity.

Keywords: governance, green infrastructure, South Africa, sustainable development, urban planning, Tshwane

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Authors: Joanne Hardman

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South Africa’s crisis in mathematics attainment is well documented. To meet the need to develop students’ mathematical performance in schools the government has launched various initiatives using computers to impact on mathematical attainment. While it is clear that computers can change pedagogical practices, there is a dearth of qualitative studies indicating exactly how pedagogy is transformed with Information Communication Technologies (ICTs) in a teaching activity. Consequently, this paper addresses the following question: how, along which dimensions in an activity, does pedagogy alter with the use of computer drill and practice software in four disadvantaged grade 6 mathematics classrooms in the Western Cape province of South Africa? The paper draws on Cultural Historical Activity Theory (CHAT) to develop a view of pedagogy as socially situated. Four ideal pedagogical types are identified: Reinforcement pedagogy, which has the reinforcement of specialised knowledge as its object; Collaborative pedagogy, which has the development of metacognitive engagement with specialised knowledge as its object; Directive pedagogy, which has the development of technical task skills as its object, and finally, Defensive pedagogy, which has student regulation as its object. Face-to-face lessons were characterised as predominantly Reinforcement and Collaborative pedagogy and most computer lessons were characterised as mainly either Defensive or Directive.

Keywords: computers, cultural historical activity theory, mathematics, pedagogy

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Authors: Rofem Inyang Bassey, Pfarelo Matshidze, Dolphin Mabale, Ishmael Iwara

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This article strove to establish the factors responsible for the activities of the transitional rites of passage on youth’s morality. South Africa, among other countries, has serious effects on the moral systems of youths. Factors responsible for the activities of the transitional rites of passage on youth’s morality has been brought to the fore by on-going transitional rites depicted by weekend’s social activities with the practice of substance use and abuse among the youths at various recreational spots. The transitional rites are structured under the guise of “freaks” as an evolving culture among the youths. The freaks culture is a counterculture of the usual initiation’s schools for transitional rites of passage which instil morality among youths. Qualitative design was used to obtain data from custodians, parents of the youths, and the youths themselves. The findings widely show that the factors responsible for the activities of the transitional rites is the act of the current on-going transitional rites effect as an inappropriate behaviour towards youth morality. This study concluded that to establish the factors responsible for the activities of the transitional rites of passage on youth’s morality, activities and practices evolved as a current socialization standard for quick maturity status, as a result of that, it will be harder to provide a complete change of this evolving culture. However, what will work is to build on the existing transitional rites of passage to moderate appropriate youths’ morality in Thulamela communities.

Keywords: behaviour, morality, transitional rites, youths, socials activities, freak culture

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Authors: Ayanda Magida

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The paper aims to provide a critical review of the current state-of-the-art literature on emerging digital business theories. They are specifically focusing on the emergent theories on digital transformation, digitization, and digitalization and their importance in the global south. Digital business is an emergent field that cuts across the different existing disciplines. The paper is threefold- to provide the conceptual and theoretical definition of the DT, digitization and digitization. There is a growing need to provide some of the differences between digitalization, digitization and digital transformation from a theoretical and conceptual basis. These tend to be confused and often use interchangeably the second aim is to focus on the emerging theories on digital transformation and digital business. Finally, the paper provides some critical review of the importance of scholarship in the field from the global south. The systematic review of the literature was conducted through the different research databases to provide some of the major theories in the field of digital business and critically argue for the global south stance. Much of the research on the development and adoption of digital technologies, specifically digital transformation, has been done in the west and developed countries. There is thus a dearth of research conducted in developing countries and the global south.

Keywords: digital transformation, digitization, digital business, digitalization

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Authors: Thizwilondi Madzaga, Jabu Tsakani Mabunda, Takalani Tshitangano

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Hypertension is a global public health problem. In most cases, hypertension individuals are not aware of their condition, and they only detected it accidentally during public awareness programmes. The aim of the study was to determine the prevalence, awareness and control of hypertension among University of Venda academic staff. UNIVEN is situated in Thohoyandou, South Africa. A cross-sectional study was conducted to determine the prevalence, awareness and control of hypertension among University of Venda academic staff. Slovin’s formula was used to randomly select 179 academic staff (male=104 and female=75). WHO stepwise Questionnaire version 23.0 was used to get information on demographic information. Blood pressure was measured twice after five minutes rest using electronic blood pressure monitor. In this study, hypertension referred to self-reported to be on hypertension medication or having blood pressure equal or exceeding 140 over 90 mmHg. Statistical Package of Social Sciences version 23.0 was used to analyse data. Prevalence of hypertension was 20% and 46% prehypertension. Only 34% had a normal blood pressure. About 34% were not sure of their current blood pressure status (within 12 months). About 10% of the total respondents had been previously diagnosed with hypertension and half of them who were hypertensive were not aware that they had it. Among those who were aware that they are hypertensive, about 90% were on treatment whereas 10% had stopped taking treatment. About 13% of those who were on treatment had controlled blood pressure. There is a need for health education programmes to increase hypertension awareness.

Keywords: academic staff, awareness, control, hypertension, prevalence

Procedia PDF Downloads 316