Search results for: constitutional court of south africa
Commenced in January 2007
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Edition: International
Paper Count: 4216

Search results for: constitutional court of south africa

3376 Moral Rights: Judicial Evidence Insufficiency in the Determination of the Truth and Reasoning in Brazilian Morally Charged Cases

Authors: Rainner Roweder

Abstract:

Theme: The present paper aims to analyze the specificity of the judicial evidence linked to the subjects of dignity and personality rights, otherwise known as moral rights, in the determination of the truth and formation of the judicial reasoning in cases concerning these areas. This research is about the way courts in Brazilian domestic law search for truth and handles evidence in cases involving moral rights that are abundant and important in Brazil. The main object of the paper is to analyze the effectiveness of the evidence in the formation of judicial conviction in matters related to morally controverted rights, based on the Brazilian, and as a comparison, the Latin American legal systems. In short, the rights of dignity and personality are moral. However, the evidential legal system expects a rational demonstration of moral rights that generate judicial conviction or persuasion. Moral, in turn, tends to be difficult or impossible to demonstrate in court, generating the problem considered in this paper, that is, the study of the moral demonstration problem as proof in court. In this sense, the more linked to moral, the more difficult to be demonstrated in court that right is, expanding the field of judicial discretion, generating legal uncertainty. More specifically, the new personality rights, such as gender, and their possibility of alteration, further amplify the problem being essentially an intimate manner, which does not exist in the objective, rational evidential system, as normally occurs in other categories, such as contracts. Therefore, evidencing this legal category in court, with the level of security required by the law, is a herculean task. It becomes virtually impossible to use the same evidentiary system when judging the rights researched here; therefore, it generates the need for a new design of the evidential task regarding the rights of the personality, a central effort of the present paper. Methodology: Concerning the methodology, the Method used in the Investigation phase was Inductive, with the use of the comparative law method; in the data treatment phase, the Inductive Method was also used. Doctrine, Legislative, and jurisprudential comparison was the technique research used. Results: In addition to the peculiar characteristics of personality rights that are not found in other rights, part of them are essentially linked to morale and are not objectively verifiable by design, and it is necessary to use specific argumentative theories for their secure confirmation, such as interdisciplinary support. The traditional pragmatic theory of proof, for having an obvious objective character, when applied in the rights linked to the morale, aggravates decisionism and generates legal insecurity, being necessary its reconstruction for morally charged cases, with the possible use of the “predictive theory” ( and predictive facts) through algorithms in data collection and treatment.

Keywords: moral rights, proof, pragmatic proof theory, insufficiency, Brazil

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3375 Psychological Well-Being and Human Rights of Teenage Mothers Attending One Secondary School in the Eastern Cape, South Africa

Authors: Veliswa Nonfundo Hoho, Jabulani Gilford Kheswa

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This paper reports on teenage motherhood and its adverse outcomes on the academic performance, emotional well-being and sexual relationships that adolescent females encounter. Drawing from Ryff’s six dimensions of psychological well-being and Bronfenbrenner’s ecological model which underpinned this study, teenage motherhood has been found to link with multiple factors such as poverty, negative self-esteem, substance abuse, cohabitation, intimate partner violence and ill-health. Furthermore, research indicates that in schools where educators fail to perform their duties as loco-parentis to motivate adolescent females learners who are mothers, absenteeism, poor academic performance and learned helplessness, are likely. The aim of this research was two-fold, namely; (i) to determine the impact of teenage motherhood on the psychological well-being of the teenage mothers and (ii) to investigate the policies which protect the human rights of teenage mothers attending secondary schools. In a qualitative study conducted in one secondary school, Fort Beaufort, Eastern Cape, South Africa, fifteen Xhosa-speaking teenage mothers, aged 15-18 years old, were interviewed. The sample was recruited by means of snow-ball sampling. To safeguard the human dignity of the respondents, informed consent, confidentiality, anonymity and privacy of the respondents were assured. For trustworthiness, this research ensured that credibility, neutrality, and transferability, are met. Following an axial and open coding of responses, five themes were identified; Health issues of teenage mothers, lack of support, violation of human rights, impaired sense of purpose in life and intimate partner-violence. From these findings, it is clear that teenage mothers lack resilience and are susceptible to contract sexually transmitted infections and HIV/AIDS because they are submissive and hopeless. Furthermore, owing to stigma that the teenage mothers' experience from family members, they resort to alcohol and drug abuse, and feel demotivated to bond with their babies. In conclusion, the recommendations are that the Health and Social Development departments collaborate to empower the psychological well-being of teenage mothers. Furthermore, school policies on discrimination should be enacted and consistently implemented.

Keywords: depression, discrimination, self-esteem, teenage mothers

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3374 Judicial Analysis of the Burden of Proof on the Perpetrator of Corruption Criminal Act

Authors: Rahmayanti, Theresia Simatupang, Ronald H. Sianturi

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Corruption criminal act develops rapidly since in the transition era there is weakness in law. Consequently, there is an opportunity for a few people to do fraud and illegal acts and to misuse their positions and formal functions in order to make them rich, and the criminal acts are done systematically and sophisticatedly. Some people believe that legal provisions which specifically regulate the corruption criminal act; namely, Law No. 31/1999 in conjunction with Law No. 20/2001 on the Eradication of Corruption Criminal Act are not effective any more, especially in onus probandi (the burden of proof) on corruptors. The research was a descriptive analysis, a research method which is used to obtain description on a certain situation or condition by explaining the data, and the conclusion is drawn through some analyses. The research used judicial normative approach since it used secondary data as the main data by conducting library research. The system of the burden of proof, which follows the principles of reversal of the burden of proof stipulated in Article 12B, paragraph 1 a and b, Article 37A, and Article 38B of Law No. 20/2001 on the Amendment of Law No. 31/1999, is used only as supporting evidence when the principal case is proved. Meanwhile, how to maximize the implementation of the burden of proof on the perpetrators of corruption criminal act in which the public prosecutor brings a corruption case to Court, depends upon the nature of the case and the type of indictment. The system of burden of proof can be used to eradicate corruption in the Court if some policies and general principles of justice such as independency, impartiality, and legal certainty, are applied.

Keywords: burden of proof, perpetrator, corruption criminal act

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3373 Effects of Financial Development on Economic Growth in South Asia

Authors: Anupam Das

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Although financial liberalization has been one of the most important policy prescriptions of international organizations like the World Bank and the IMF, the effect of financial liberalization on economic growth in developing countries is far from unanimous. Since the '80s, South Asian countries made a significant development in liberalization the financial sector. However, due to unavailability of a sufficient number of time series observations, the relationship between economic growth and financial development has not been investigated adequately. We aim to fill this gap by examining time series data of five developing countries from the South Asian region: Bangladesh, India, Pakistan, Sri Lanka, and Nepal. Applying the cointegration tests and Granger causality within the vector error correction model (VECM), we do not find unanimous evidence of financial development on positive economic growth. These results are helpful for developing countries which have been trying to liberalize the financial sector in recent decades.

Keywords: economic growth, financial development, Granger causality, South Asia

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3372 Biorefinery Annexed to South African Sugar Mill: Energy Sufficiency Analysis

Authors: S. Farzad, M. Ali Mandegari, J. F. Görgens

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The South African Sugar Industry, which has a significant impact on the national economy, is currently facing problems due to increasing energy price and low global sugar price. The available bagasse is already combusted in low-efficiency boilers of the sugar mills while bagasse is generally recognized as a promising feedstock for second generation bioethanol production. Establishment of biorefinery annexed to the existing sugar mills, as an alternative for the revitalization of sugar industry producing biofuel and electricity has been proposed and considered in this study. Since the scale is an important issue in the feasibility of the technology, this study has taken into account a typical sugar mill with 300 ton/hr sugar cane capacity. The biorefinery simulation is carried out using Aspen PlusTM V8.6, in which the sugar mill’s power and steam demand has been considered. Hence, sugar mills in South Africa can be categorized as highly efficient, efficient, and not efficient with steam consumption of 33, 40, and 60 tons of steam per ton of cane and electric power demand of 10 MW; three different scenarios are studied. The sugar cane bagasse and tops/trash are supplied to the biorefinery process and the wastes/residues (mostly lignin) from the process are burnt in the CHP plant in order to produce steam and electricity for the biorefinery and sugar mill as well. Considering the efficient sugar mill, the CHP plant has generated 5 MW surplus electric powers, but the obtained energy is not enough for self-sufficiency of the plant (Biorefinery and Sugar mill) due to lack of 34 MW heat. One of the advantages of second generation biorefinery is its low impact on the environment and carbon footprint, thus the plant should be self-sufficient in energy without using fossil fuels. For this reason, a portion of fresh bagasse should be sent to the CHP plant to meet the energy requirements. An optimization procedure was carried out to find out the appropriate portion to be burnt in the combustor. As a result, 20% of the bagasse is re-routed to the combustor which leads to 5 tons of LP Steam and 8.6 MW electric power surpluses.

Keywords: biorefinery, sugarcane bagasse, sugar mill, energy analysis, bioethanol

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3371 Culture and Religion Informed Perspectives on the Use of Contraceptives among Married Women in Contemporary South Africa

Authors: Malesa Kgashane Johannes

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The ineffective use of contraceptives among married couples has always been a challenge. This article discusses the culture-religious normative barriers that infringe on married women’s rights, justice, and dignity. The study was qualitative in nature and focused on understanding how religion and culture contribute to women’s ineffective use of contraceptives within marriage. Exploratory, descriptive, and contextual designs were applied. Twenty-eight (28) participants were interviewed, and the data was analysed through Tesch’s steps of qualitative analysis. The findings of the study highlighted the role played by religion and culture as barriers to women’s effective use of contraceptives within marriage.

Keywords: women, contraceptives, religion, culture, marriage

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3370 Attraction and Identification of Early Scavenger Insects on Shaded and Sunny Liver Baits in a Saharian Region of South-Central Algeria

Authors: A. M. Taleb, A. G. Tail, A. F. Kara, B. B. Djedouani, C. T. Moussa

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Forensic entomology is the use of insects to aid legal investigations. The main purpose of forensic entomology is to establish the postmortem interval (PMI). In order to estimate the PMI, a forensic entomologist compares the case data with certain reference information relevant to the particular location and time of year. This reference information, including the local distribution of species, are not available in Algeria. Therefore, experiments need to be conducted to provide references for entomological evidence. The objective of this study was to identify the necrophagous flies species which arrive first to carrion using liver baits in Ghardaia, South Algeria. The study was carried out during the spring season in the palmeral of Beni Isguen, Ghardaia which is well known by its hot arid climate. The experiment site (32°28’0’’ N, 3°42’0’’ E), is situated at an altitude of about 526 metres above mean sea level. On April the 4th, 2014, a number of three replicates of liver baited traps were placed in the shade and other three baits were exposed to the sun. Flying insects and larvae were captured and identified. After few minutes, flies invaded the traps which were exposed to the sun. In contrast, no flies were observed in the other traps. A total number of fourty five (45) adult specimens belonging to three taxa were identified: Calliphora vicina (Robineau-Desvoidy, 1830) (Diptera, Calliphoridae) (51.11 %), Lucilia sericata (Meigen, 1826) (Diptera, Calliphoridae) (33.33 %) and Sarcophaga africa (Wiedemann, 1824) (Diptera: Sarcophagidae) (15.55 %). Six hundred and three (603) maggots belonging to two taxa were identified: Calliphora vicina (76.28 %) and Lucilia sericata (23.71 %). The data obtained from this study provides baseline information regarding the carrion fauna of this area. It will also form a basis for similar studies in different geographical and climatological regions of Algeria.

Keywords: forensic entomology, liver baits, necrophagous fly, Ghardaia, South Algeria

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3369 The High Potential and the Little Use of Brazilian Class Actions for Prevention and Penalization Due to Workplace Accidents in Brazil

Authors: Sandra Regina Cavalcante, Rodolfo A. G. Vilela

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Introduction: Work accidents and occupational diseases are a big problem for public health around the world and the main health problem of workers with high social and economic costs. Brazil has shown progress over the last years, with the development of the regulatory system to improve safety and quality of life in the workplace. However, the situation is far from acceptable, because the occurrences remain high and there is a great gap between legislation and reality, generated by the low level of voluntary compliance with the law. Brazilian laws provide procedural legal instruments for both, to compensate the damage caused to the worker's health and to prevent future injuries. In the Judiciary, the prevention idea is in the collective action, effected through Brazilian Class Actions. Inhibitory guardianships may impose both, improvements to the working environment, as well as determine the interruption of activity or a ban on the machine that put workers at risk. Both the Labor Prosecution and trade unions have to stand to promote this type of action, providing payment of compensation for collective moral damage. Objectives: To verify how class actions (known as ‘public civil actions’), regulated in Brazilian legal system to protect diffuse, collective and homogeneous rights, are being used to protect workers' health and safety. Methods: The author identified and evaluated decisions of Brazilian Superior Court of Labor involving collective actions and work accidents. The timeframe chosen was December 2015. The online jurisprudence database was consulted in page available for public consultation on the court website. The categorization of the data was made considering the result (court application was rejected or accepted), the request type, the amount of compensation and the author of the cause, besides knowing the reasoning used by the judges. Results: The High Court issued 21,948 decisions in December 2015, with 1448 judgments (6.6%) about work accidents and only 20 (0.09%) on collective action. After analyzing these 20 decisions, it was found that the judgments granted compensation for collective moral damage (85%) and/or obligation to make, that is, changes to improve prevention and safety (71%). The processes have been filed mainly by the Labor Prosecutor (83%), and also appeared lawsuits filed by unions (17%). The compensation for collective moral damage had average of 250,000 reais (about US$65,000), but it should be noted that there is a great range of values found, also are several situations repaired by this compensation. This is the last instance resource for this kind of lawsuit and all decisions were well founded and received partially the request made for working environment protection. Conclusions: When triggered, the labor court system provides the requested collective protection in class action. The values of convictions arbitrated in collective actions are significant and indicate that it creates social and economic repercussions, stimulating employers to improve the working environment conditions of their companies. It is necessary to intensify the use of collective actions, however, because they are more efficient for prevention than reparatory individual lawsuits, but it has been underutilized, mainly by Unions.

Keywords: Brazilian Class Action, collective action, work accident penalization, workplace accident prevention, workplace protection law

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3368 Different in Factors of the Distributor Selection for Food and Non-Food OTOP Entrepreneur in Thailand

Authors: Phutthiwat Waiyawuththanapoom

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This study has only one objective which is to identify the different in factors of choosing the distributor for food and non-food OTOP entrepreneur in Thailand. In this research, the types of OTOP product will be divided into two groups which are food and non-food. The sample for the food type OTOP product was the processed fruit and vegetable from Nakorn Pathom province and the sample for the non-food type OTOP product was the court doll from Ang Thong province. The research was divided into 3 parts which were a study of the distribution pattern and how to choose the distributor of the food type OTOP product, a study of the distribution pattern and how to choose the distributor of the non-food type OTOP product and a comparison between 2 types of products to find the differentiation in the factor of choosing distributor. The data and information was collected by using the interview. The populations in the research were 5 producers of the processed fruit and vegetable from Nakorn Pathom province and 5 producers of the court doll from Ang Thong province. The significant factor in choosing the distributor of the food type OTOP product is the material handling efficiency and on-time delivery but for the non-food type OTOP product is focused on the channel of distribution and cost of the distributor.

Keywords: distributor, OTOP, food and non-food, selection

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3367 Identifying the Determinants of the Shariah Non-Compliance Risk via Principal Axis Factoring

Authors: Muhammad Arzim Naim, Saiful Azhar Rosly, Mohamad Sahari Nordin

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The objective of this study is to investigate the factors affecting the rise of Shariah non-compliance risk that can bring Islamic banks to succumb to monetary loss. Prior literatures have never analyzed such risk in details despite lots of it arguing on the validity of some Shariah compliance products. The Shariah non-compliance risk in this context is looking to the potentially failure of the facility to stand from the court test say that if the banks bring it to the court for compensation from the defaulted clients. The risk may also arise if the customers refuse to make the financing payments on the grounds of the validity of the contracts, for example, when relinquishing critical requirement of Islamic contract such as ownership, the risk that may lead the banks to suffer loss when the customer invalidate the contract through the court. The impact of Shariah non-compliance risk to Islamic banks is similar to that of legal risks faced by the conventional banks. Both resulted into monetary losses to the banks respectively. In conventional banking environment, losses can be in the forms of summons paid to the customers if they won the case. In banking environment, this normally can be in very huge amount. However, it is right to mention that for Islamic banks, the subsequent impact to them can be rigorously big because it will affect their reputation. If the customers do not perceive them to be Shariah compliant, they will take their money and bank it in other places. This paper provides new insights of risks faced by credit intensive Islamic banks by providing a new extension of knowledge with regards to the Shariah non-compliance risk by identifying its individual components that directly affecting the risk together with empirical evidences. Not limited to the Islamic banking fraternities, the regulators and policy makers should be able to use findings in this paper to evaluate the components of the Shariah non-compliance risk and make the necessary actions. The paper is written based on Malaysia’s Islamic banking practices which may not directly related to other jurisdictions. Even though the focuses of this study is directly towards to the Bay Bithaman Ajil or popularly known as BBA (i.e. sale with deferred payments) financing modality, the result from this study may be applicable to other Islamic financing vehicles.

Keywords: Islamic banking, Islamic finance, Shariah Non-compliance risk, Bay Bithaman Ajil (BBA), principal axis factoring

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3366 Challenges of Women Leadership in a Patriarchy Society: Implications for Development of African Women

Authors: Catherine Oluyemo

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In Africa, patriarchy has manifested itself in the socio-cultural, political, economic and legal institutions. The decree of the father as the male head of the family has contributed to the powerlessness of women in African nations. To buttress this perception, in his work Meno, Plato made a declaration in the platonic dialogue that the desirable quality of a man should be the capacity to administer the state, and in the administration of it to benefit his friends and harm his enemies; and he must also be careful not to suffer harm himself. Furthermore, he said: a woman's good worth may also be easily described as ordering her house, keep what is indoors, and obey her husband. The works of Aristotle portrayed women as morally, intellectually, and physically inferior to men; they saw women as the property of men; claimed that women's role in society was to reproduce and serve men in the household; and saw male domination of women as natural and virtuous. This has been sustained for ages and is incessantly impinging on the involvement of women in African leadership positions. The purpose of this paper is to make sense of the concept of patriarchy in relations to women participation in Africa leadership, and its challenges in the participation of women in the leadership positions of Africa. It seeks to discover what women should do to make their voices heard, to participate in leadership arrangements so as to actualize their potentials in contributing to the development of Africa.

Keywords: women, leadership, patriarchy, development, actualize, potentials

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3365 Civil Engineering Education at the University of the West Indies: An International Perspective

Authors: Gyan Shrivastava

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Civil Engineering education, at undergraduate and graduate levels, commenced at the University of the West Indies (UWI) in 1961, in collaboration with Imperial College in London. From its inception, it has concentrated on natural hazard resistant design of structures, given the occurrence of earthquakes, hurricanes and volcanic eruption in the Commonwealth Caribbean Islands. Against this background, a number of international students, from Botswana, Canada, Germany, India, Nigeria and South Africa, have studied Civil Engineering at UWI over the years. This paper outlines the author’s experience in teaching Fluid Mechanics and Engineering design to the said students, and in so doing highlights their strengths and weaknesses.

Keywords: Caribbean, civil engineering, education, natural hazards

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3364 Predicting Stem Borer Density in Maize Using RapidEye Data and Generalized Linear Models

Authors: Elfatih M. Abdel-Rahman, Tobias Landmann, Richard Kyalo, George Ong’amo, Bruno Le Ru

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Maize (Zea mays L.) is a major staple food crop in Africa, particularly in the eastern region of the continent. The maize growing area in Africa spans over 25 million ha and 84% of rural households in Africa cultivate maize mainly as a means to generate food and income. Average maize yields in Sub Saharan Africa are 1.4 t/ha as compared to global average of 2.5–3.9 t/ha due to biotic and abiotic constraints. Amongst the biotic production constraints in Africa, stem borers are the most injurious. In East Africa, yield losses due to stem borers are currently estimated between 12% to 40% of the total production. The objective of the present study was therefore to predict stem borer larvae density in maize fields using RapidEye reflectance data and generalized linear models (GLMs). RapidEye images were captured for a test site in Kenya (Machakos) in January and in February 2015. Stem borer larva numbers were modeled using GLMs assuming Poisson (Po) and negative binomial (NB) distributions with error with log arithmetic link. Root mean square error (RMSE) and ratio prediction to deviation (RPD) statistics were employed to assess the models performance using a leave one-out cross-validation approach. Results showed that NB models outperformed Po ones in all study sites. RMSE and RPD ranged between 0.95 and 2.70, and between 2.39 and 6.81, respectively. Overall, all models performed similar when used the January and the February image data. We conclude that reflectance data from RapidEye data can be used to estimate stem borer larvae density. The developed models could to improve decision making regarding controlling maize stem borers using various integrated pest management (IPM) protocols.

Keywords: maize, stem borers, density, RapidEye, GLM

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3363 The Effect of Gender Inequality on Reproductive Health in Africa: The Case of Cultural Ghana

Authors: Edna Roseline Dede Tetteh

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Reproductive health research and discussions have, over the years, placed a special focus on Africa. This is partly due to the significant relationship between African cultures and reproductive health. Several studies have also acknowledged the economic impact of reproductive health in Africa, because of which reproductive health, particularly family planning, has featured prominently in many economic discussions about Africa. Gender, which is a major element of most African cultures, inspired this study. Given that gender has a significant cultural influence in Africa, the study examined the effect of gender inequality on reproductive health in Africa, with a special focus on Ghana. Specifically, the study examined whether there exists any relationship between gender inequality and reproductive health and, if there is, what the nature and the effect of the relationship are. The study's findings were based on data gathered from 2304 respondents, randomly selected from Ghana's different tribes and ethnic groups. Given that the study was focused on the influence of gender in sexual relationships, the study’s population was people 16 years and above since 16 is the legal age of sexual consent in Ghana. Data was collected through questionnaires and interviews. It was found that the beliefs and practices of the traditional Ghanaian society, like most African societies, have direct and significant impacts on reproductive health. Males in these cultures have more control over reproductive health decisions and choices than females. The study found that it was culturally condemnable for a wife to refuse her husband’s request for sex, even when she is not in the mood for sex, or she is unwell. It was further found that, when it comes to the decision of birth control, males have more power. Consequently, females with reproductive health conditions have no control over choices that support their reproductive health conditions; they must always satisfy their husbands’ sexual needs. Most of the female respondents indicated they had less or no control over protecting themselves from reproductive health risks unless they had the understanding and support of their sexual partners.

Keywords: culture, gender, Ghana, inequality, reproductive health

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3362 Education for Sustainable Development Pedagogies: Examining the Influences of Context on South African Natural Sciences and Technology Teaching and Learning

Authors: A. U. Ugwu

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Post-Apartheid South African education system had witnessed waves of curriculum reforms. Accordingly, there have been evidences of responsiveness towards local and global challenges of sustainable development over the past decade. In other words, the curriculum shows sensitivity towards issues of Sustainable Development (SD). Moreover, the paradigm of Sustainable Development Goals (SDGs) was introduced by the UNESCO in year 2015. The SDGs paradigm is essentially a vision towards actualizing sustainability in all aspects of the global society. Education for Sustainable Development (ESD) in retrospect entails teaching and learning to actualize the intended UNESCO 2030 SDGs. This paper explores how teaching and learning of ESD can be improved, by drawing from local context of the South African schooling system. Preservice natural sciences and technology teachers in their 2nd to 4th years of study at a university’s college of education in South Africa were contacted as participants of the study. Using qualitative case study research design, the study drew from the views and experiences of five (5) purposively selected participants from a broader study, aiming to closely understating how ESD is implemented pedagogically in teaching and learning. The inquiry employed questionnaires and a focus group discussion as qualitative data generation tools. A qualitative data analysis of generated data was carried out using content and thematic analysis, underpinned by interpretive paradigm. The result of analyzed data, suggests that ESD pedagogy at the location where this research was conducted is largely influenced by contextual factors. Furthermore, the result of the study shows that there is a critical need to employ/adopt local experiences or occurrences while teaching sustainable development. Certain pedagogical approaches such as the use of videos relative to local context should also be considered in order to achieve a more realistic application. The paper recommends that educational institutions through teaching and learning should implement ESD by drawing on local contexts and problems, thereby foregrounding constructivism, appreciating and fostering students' prior knowledge and lived experiences.

Keywords: context, education for sustainable development, natural sciences and technology preservice teachers, qualitative research, sustainable development goals

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3361 An Assessment of Nodulation and Nitrogen Fixation of Lessertia Frutescens Plants Inoculated with Rhizobial Isolates from the Cape Fynbos

Authors: Mokgadi Miranda Hlongwane, Ntebogeng Sharon Mokgalaka, Felix Dapare Dakora

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Lessertia (L.) frutescens (syn. Sutherlandia frutescens) is a leguminous medicinal plant indigenous to South Africa. Traditionally, L. frutescens has been used to treat cancer, diabetes, epilepsy, fever, HIV, stomach problems, wounds and other ailments. This legume is endemic to the Cape fynbos, with large populations occurring wild and cultivated in the Cape Florist Region. Its widespread distribution in the Western Cape, Northern Cape, Eastern Cape and Kwazulu-Natal is linked to its increased use as a phytomedicine in the treatment of various diseases by traditional healers. The frequent harvesting of field plants for use as a medicine has made it necessary to undertake studies towards the conservation of Lessertia frutescens. As a legume, this species can form root nodules and fix atmospheric N₂ when in symbiosis with soil bacteria called rhizobia. So far, however, few studies (if any) have been done on the efficacy and diversity of native bacterial symbionts nodulating L. frutescens in South Africa. The aim of this project was to isolate and characterize L. frutescens-nodulating bacteria from five different locations in the Western Cape Province. This was done by trapping soil rhizobia using rhizosphere soil suspension to inoculate L. frutescens seedlings growing in sterilized sand and receiving sterile N-free Hoagland nutrient solution under glasshouse conditions. At 60 days after planting, root nodules were harvested from L. frutescens plants, surface-sterilized, macerated, and streaked on yeast mannitol agar (YMA) plates and incubated at 28 ˚C for observation of bacterial growth. The majority of isolates were slow-growers that took 6-14 days to appear on YMA plates. However, seven isolates were fast-growers, taking 2-4 days to appear on YMA plates. Single-colony cultures of the isolates were assessed for their ability to nodulate L. frutescens as a homologous host under glasshouse conditions. Of the 92 bacterial isolates tested, 63 elicited nodule formation on L. frutescens. Symbiotic effectiveness varied markedly between and among test isolates. There were also significant (p≤0.005) differences in nodulation, shoot biomass, photosynthetic rates, leaf transpiration and stomatal conductance of L. frutescens plants inoculated with the test isolates, which is an indication of their functional diversity.

Keywords: lessertia frutescens, nodulating, rhizobia, symbiotic effectiveness

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3360 Assessing Building Rooftop Potential for Solar Photovoltaic Energy and Rainwater Harvesting: A Sustainable Urban Plan for Atlantis, Western Cape

Authors: Adedayo Adeleke, Dineo Pule

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The ongoing load-shedding in most parts of South Africa, combined with climate change causing severe drought conditions in Cape Town, has left electricity consumers seeking alternative sources of power and water. Solar energy, which is abundant in most parts of South Africa and is regarded as a clean and renewable source of energy, allows for the generation of electricity via solar photovoltaic systems. Rainwater harvesting is the collection and storage of rainwater from building rooftops, allowing people without access to water to collect it. The lack of dependable energy and water source must be addressed by shifting to solar energy via solar photovoltaic systems and rainwater harvesting. Before this can be done, the potential of building rooftops must be assessed to determine whether solar energy and rainwater harvesting will be able to meet or significantly contribute to Atlantis industrial areas' electricity and water demands. This research project presents methods and approaches for automatically extracting building rooftops in Atlantis industrial areas and evaluating their potential for solar photovoltaics and rainwater harvesting systems using Light Detection and Ranging (LiDAR) data and aerial imagery. The four objectives were to: (1) identify an optimal method of extracting building rooftops from aerial imagery and LiDAR data; (2) identify a suitable solar radiation model that can provide a global solar radiation estimate of the study area; (3) estimate solar photovoltaic potential overbuilding rooftop; and (4) estimate the amount of rainwater that can be harvested from the building rooftop in the study area. Mapflow, a plugin found in Quantum Geographic Information System(GIS) was used to automatically extract building rooftops using aerial imagery. The mean annual rainfall in Cape Town was obtained from a 29-year rainfall period (1991- 2020) and used to calculate the amount of rainwater that can be harvested from building rooftops. The potential for rainwater harvesting and solar photovoltaic systems was assessed, and it can be concluded that there is potential for these systems but only to supplement the existing resource supply and offer relief in times of drought and load-shedding.

Keywords: roof potential, rainwater harvesting, urban plan, roof extraction

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3359 Special Plea That The Prosecutor Does Not Have Title To Prosecute

Authors: Wium de Villiers

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Section 106(1)(h) of the South African Criminal Procedure Act 51 of 1977 provides that an accused may enter a special plea that the prosecutor does not have title to prosecute. In a seminal matter (S v Mousa 2021 2 SACR 378 (GJ)) regarding section 106(1)(h), certain interesting legal aspects emerged. The first aspect concerned the meaning of the term “prosecutor”. More specifically, the question arose whether the term included a prosecutor who was previously involved with the matter, as well as the relevant Deputy Director of Public Prosecutions (DDPP) who instituted the prosecution and oversaw the prosecution on behalf of the state. The meaning of the term “title”, and with regard to the conduct of the “prosecutor”, the term “abuse of process,” were also raised and decided. In the paper, the facts, and the arguments in, and the decisions of the court, are discussed critically. The author argue that the intended objection in section 106(1)(h) is not to cure the abuse inflicted by a previous prosecutor or by the DDPP. I point out that the term “title” includes a lack of authority, non-compliance with jurisdictional requirements or absence of locus standi. I also point out that an abuse of process takes place if the process is used for an improper, ulterior or collateral purpose. I also argue that the accused should, instead of relying on section 106(1)(h), have relied on the prior agreement and applied for a permanent stay of prosecution.

Keywords: special plea, prosecutor, title, abuse of process

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3358 Ethnobotanical Survey of Medicinal Plants from Bechar Region, South-West of Algeria

Authors: Naima Fatehi

Abstract:

The paper reports on 107 medicinal plants, traditionally used in the South-West of Algeria (Bechar region). The information has been documented by interviewing traditional herbalists, various elderly men and women following different ethnobotanical methods. Ethnobotanical data was arranged alphabetically by botanical name, followed by family name, vernacular name, and part used. The present paper represents significant ethnobotanical information on medical plants used extensively in Bechar region for treating various diseases and provides baseline data for future pharmacological and phytochemical studies.

Keywords: medicinal plants, ethnobotanical survey, South-West Algeria, Bechar region

Procedia PDF Downloads 512
3357 Marketing of Global Business Systems Technologies as a Panacea to Unemployment Problem in Ogun State, Nigeria

Authors: Oluwatosin Oyewale

Abstract:

This research work seeks to take technology used for business systems as a product that requires marketing activities. Technology is invented and innovated upon in developed countries and are introduced into Africa through marketing activities. Businesses in Africa now adopt this technology for global competitiveness and hitherto unemployed but educationally advantaged people are trained in handling and utilising the technology. The aim of this study is to examine how marketing activities make this technology help in solving the unemployment problem in Africa. The areas of study are both the premier local government and the local government of the industrial haven in Ogun State, Nigeria. Area or cluster sampling technique was employed and Questionnaires were administered to two hundred respondents in the areas of study. Findings revealed that marketing has contributed to the promotion of technology; thereby making businesses globally competitive. In addition, technology has helped in reducing unemployment in developing countries. Recommendations are that training programmes that will address existing knowledge gap in technology utilisation needs to be conducted for the labour force in Africa. Moreover, adequate power supply that will aid effective utilisation of these technologies needs to be put in place by the government in these various African countries.

Keywords: marketing, unemployment, problem, panacea

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3356 Adsorptive Performance of Surface Modified Montmorillonite in Vanadium Removal from Real Mine Water

Authors: Opeyemi Atiba-Oyewo, Taile Y. Leswfi, Maurice S. Onyango, Christian Wolkersdorfer

Abstract:

This paper describes the preparation of surface modified montmorillonite using hexadecyltrimethylammonium bromide (HDTMA-Br) for the removal of vanadium from mine water. The adsorbent before and after adsorption was characterised by Fourier transform infra-red (FT-IR), X-ray diffraction (XRD) and scanning electron microscopy (SEM), while the amount of vanadium adsorbed was determined by ICP-OES. The batch adsorption method was employed using vanadium concentrations in solution ranging from 50 to 320 mg/L and vanadium tailings seepage water from a South African mine. Also, solution pH, temperature and sorbent mass were varied. Results show that the adsorption capacity was affected by solution pH, temperature, sorbent mass and the initial concentration. Electrical conductivity of the mine water before and after adsorption was measured to estimate the total dissolved solids in the mine water. Equilibrium isotherm results revealed that vanadium sorption follows the Freundlich isotherm, indicating that the surface of the sorbent was heterogeneous. The pseudo-second order kinetic model gave the best fit to the kinetic experimental data compared to the first order and Elovich models. The results of this study may be used to predict the uptake efficiency of South Africa montmorillonite in view of its application for the removal of vanadium from mine water. However, the choice of this adsorbent for the uptake of vanadium or other contaminants will depend on the composition of the effluent to be treated.

Keywords: adsorption, vanadium, modified montmorillonite, equilibrium, kinetics, mine water

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3355 Unveiling the Realities of Marrying Too Young: Evidence from Child Brides in Sub-Saharan Africa and Infant Mortality Implications

Authors: Emmanuel Olamijuwon

Abstract:

Despite laws against child marriage - a violation against child rights, the practice remains widespread in sub-Saharan Africa and globally partly because of persistent poverty, gender inequality, protection and the need to reinforce family ties. Using pooled data from the recent demographic and health surveys of 20-sub-Saharan African countries with a regional representative sample of 36,943 girls under 18 years, this study explores the prevalence, pattern and infant mortality implications of this marriage type while also examining its regional variations. Indications from the study are that child marriage is still very high in the region with variations above one-tenth in West, Central and Southern Africa regions except in the East African region where only about 7% of children under 18 were already married. Preliminary findings also suggest that about one-in-ten infant deaths were to child brides many of whom were residing in poor households, rural residence, unemployed and have less than secondary education. Based on these findings, it is, therefore, important that government of African countries addresses critical issues through increased policies towards increasing enrollment of girl children in schools as many of these girls are not likely to have any economic benefit to the region if the observed pattern continues.

Keywords: child marriage, infant mortality, Africa, child brides

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3354 Growing Acts of Terrorism in Local Conflicts: A Dire Need for International Attention

Authors: Yusuf Abubakar Mamud

Abstract:

Highlighting the imperatives of local conflicts considering the dangerous dimensions of terrorism they are assuming in Africa has not attracted serious academic and political attention. The discourse about conflict in Africa was discussed within five identified conflict zones in the continent. The threats from these local conflicts are diverse and complex and the acts of terrorism in these local conflicts are driven by certain attitudes and behaviours linked to the African leadership. The paper examined and noted that the current conflict resolution model of the African Union (AU) was robust with requisite institutions to address the trends in local conflicts. However, it was observed that the AU peace and security framework lacked the requisite structural and technical capabilities to proactively address the drivers of local conflicts in Africa. It was found that the persistence of local conflicts in the African region may deny her the opportunities of achievement of the targets envisioned in the Sustainable Development Goals (SDGs). Consequently, the paper called on the international community to support Africa through provision of capacity. It urged the African leaders themselves to develop the political will to ensure that all issues concerning peace and security in the continent were guided by the provisions of the AU Constitutive Act. The need to strengthen the APRM in the light of the current trends in local conflicts was also highlighted.

Keywords: conflicts, local conflicts, terrorism, sustainable development

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3353 An Exploratory Study on Business Leadership, Workplace Assessment, and Change Management in the Middle East and North Africa

Authors: C. Akhras

Abstract:

Change is the life blood of business. Dynamic factors inspire change yet may act as barriers, influencing the company’s position in the market and challenging its organizational mission and culture. Today, the business context has globalized with business enterprises in the North and South joint in mergers and the East forges a strategic alliance with the West. Moreover, given that very little remains stable in certain industries, national business goals in the millennial marketplaces might be rapid, accelerated, and differentiated growth while distinctive competitive advantage might mark new qualitative excellence in others. In a new age culture marked by change, organizations, leaders, and followers are impacted; indigenous business leaders seem to have a very important role to play in change management. This case study was carried out on 178 business employees employed in local industry to evaluate perceptions of indigenous business leadership, workplace assessment, and organizational change management in the Middle East and North Africa. Three research questions were posed: (1) In your work context, do you think business leaders are essentially changing agents? (2) In your work context, is workplace change more effective in business leaders perceived as a hierarchical change agent rather than those perceived as an empowering change agent? (3) In your work context, is workplace change more efficient in business leaders perceived as a hierarchical change agent rather than those perceived as an empowering change agent? The results of the study and its limitations imposed by time and space indicate that more comprehensive research is required in this area.

Keywords: catalyst, change management, business enterprise, workplace assessment

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3352 Bank's Role in Economic Growth: Case of Africa

Authors: S. Khalifa, R. Chkoundali

Abstract:

The specific role of banks in economic development varies, depending on scope. Firstly, the participation of banks in economic development focus around providing credit and services to generate revenues, which are then invested back into a local, national or international community. The specific roles banks play in the economic development of a small community differ from the role banks play in national or international economic development. Although the role can vary, factors such as access to credit and bank investment policies or practices remain constant, no matter the scope of economic development. This paper provides an overview of the economic situation of Africa and its short-term outlook. He referred to the progress made in the implementation of the Medium-Term Strategy (2008-2012) and some major achievements of the Bank, as the speed and flexibility with which she responded to the oil crisis, food and financial.

Keywords: economic growth, bank, Africa, economic development

Procedia PDF Downloads 451
3351 Temporal Effects on Chemical Composition of Treated Wastewater and Borehole Water Used for Irrigation in Limpopo Province, South Africa

Authors: Pholosho M. Kgopa, Phatu W. Mashela, Alen Manyevere

Abstract:

Increasing incidents of drought spells in most Sub-Saharan Africa call for using alternative sources of water for irrigation in arid and semi-arid regions. A study was conducted to investigate chemical composition of borehole and treated wastewater from different sampling disposal sites at University of Limpopo Experimental Farm (ULEF). A 4 × 5 factorial experiment, with the borehole as a reference sampling site and three other sampling sites along the wastewater disposal system was conducted over five months. Water samples were collected at four sites namely, (a) exit from Pond 16 into the furrow, (b) entry into night-dam, (c) exit from night dam to irrigated fields and (d) exit from borehole to irrigated fields. Water samples were collected in the middle of each month, starting from July to November 2016. Samples were analysed for pH, EC, Ca, Mg, Na, K, Al, B, Zn, Cu, Cr, Pb, Cd and As. The site × time interactions were highly significant for Ca, Mg, Zn, Cu, Cr, Pb, Cd, and As variables, but not for Na and K. Sampling site was highly significant on all variables, with sampling period not significant for K and Na. Relative to water from the borehole, Na concentration in wastewater samples from the night-dam exit, night-dam entry and Pond16 exit were lower by 69, 34 and 55%, respectively. Relative to borehole water, Al was higher in wastewater sampling sites. In conclusion, both sampling site and period affected the chemical composition of treated wastewater.

Keywords: irrigation water quality, spatial effects, temporal effects, water reuse, water scarcity

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3350 The Implementation of Child Adoption as Legal Protection of Children

Authors: Sonny Dewi Judiasih

Abstract:

The principle of a marriage is to achieve a happy and eternity family based on the willing of the God. The family has a fundamental role in the society as a social individual and as a nuclear family consists of father, mother, and children. Thus, each family always would like to have children who will continue the family. However, not all family will be blessed with children and consequently, there is family without children. Therefore, the said the certain family will do any effort to fulfill the wish to have children. One of the ways is to adopt children. The implementation of child adoption is conducted by the family who does not have children but sometimes child adoption is conducted by a family who has already children. The implementation of child adoption is based on the interest of the welfare and the intellectual of the said child. Moreover, it should be based on the social liability of the individual in accordance with the developing of the traditional values as part of the nation culture. The child adoption is conducted for the welfare of the child demonstrates that a change on the basic motive (value) whereby in the past the child adoption is to fulfill the wish of foster parent (to have children in the family). Nowadays the purpose of child adoption is not merely for the interest of foster parent but in particular for the interest, welfare and the future of the child. The development of the society has caused the occurrence of changes of perspective in the society which lead to a need for new law. The court of justice has an impact of such changes. It is evidenced by the court order for child adoption in the legal framework of certainty of law. The changes of motives (value) of the child adoption in the society can be fully understood in the event that the society fully understand that the ultimate purpose of Indonesia nation is to achieve a justice and prosperity society, i.e., social welfare for all Indonesian people.

Keywords: child adoption, family law, legal protection, children

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3349 Child Mortality in Portuguese Speaking Africa Countries: Levels and Trends, 1975-2021

Authors: Alcino Panguana

Abstract:

All Portuguese-speaking African countries are in Sub-Saharan Africa, a region that has high infant mortality rates, being responsible for 49.6% of deaths in Portuguese-speaking African countries, Angola has levels of infant mortality among children, where 2017, 156 children who died before reaching 1 year of life in 1000 live births. Although there is an increase in studies that document trends and specific causes of infant mortality in each country, historical-comparative studies of infant mortality among these countries remain rare. Understanding the trend of this indicator is important for policymakers and planners in order to improve access to successful child survival operations. Lusophone Africa continues with high infant mortality rates in the order of 64 deaths per thousand births. Assuming heterogeneities that can characterize these countries, raise an analysis investigated indicator at the country level to understand the pattern and historical trend of infant mortality within Lusophone Africa from the year 2021. The result is to understand the levels and evolution of infant mortality in Portuguese-speaking African countries.

Keywords: child mortality, levels, trends, lusophone African countries

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3348 Modelling Agricultural Commodity Price Volatility with Markov-Switching Regression, Single Regime GARCH and Markov-Switching GARCH Models: Empirical Evidence from South Africa

Authors: Yegnanew A. Shiferaw

Abstract:

Background: commodity price volatility originating from excessive commodity price fluctuation has been a global problem especially after the recent financial crises. Volatility is a measure of risk or uncertainty in financial analysis. It plays a vital role in risk management, portfolio management, and pricing equity. Objectives: the core objective of this paper is to examine the relationship between the prices of agricultural commodities with oil price, gas price, coal price and exchange rate (USD/Rand). In addition, the paper tries to fit an appropriate model that best describes the log return price volatility and estimate Value-at-Risk and expected shortfall. Data and methods: the data used in this study are the daily returns of agricultural commodity prices from 02 January 2007 to 31st October 2016. The data sets consists of the daily returns of agricultural commodity prices namely: white maize, yellow maize, wheat, sunflower, soya, corn, and sorghum. The paper applies the three-state Markov-switching (MS) regression, the standard single-regime GARCH and the two regime Markov-switching GARCH (MS-GARCH) models. Results: to choose the best fit model, the log-likelihood function, Akaike information criterion (AIC), Bayesian information criterion (BIC) and deviance information criterion (DIC) are employed under three distributions for innovations. The results indicate that: (i) the price of agricultural commodities was found to be significantly associated with the price of coal, price of natural gas, price of oil and exchange rate, (ii) for all agricultural commodities except sunflower, k=3 had higher log-likelihood values and lower AIC and BIC values. Thus, the three-state MS regression model outperformed the two-state MS regression model (iii) MS-GARCH(1,1) with generalized error distribution (ged) innovation performs best for white maize and yellow maize; MS-GARCH(1,1) with student-t distribution (std) innovation performs better for sorghum; MS-gjrGARCH(1,1) with ged innovation performs better for wheat, sunflower and soya and MS-GARCH(1,1) with std innovation performs better for corn. In conclusion, this paper provided a practical guide for modelling agricultural commodity prices by MS regression and MS-GARCH processes. This paper can be good as a reference when facing modelling agricultural commodity price problems.

Keywords: commodity prices, MS-GARCH model, MS regression model, South Africa, volatility

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3347 Construction 4.0: The Future of the Construction Industry in South Africa

Authors: Temidayo. O. Osunsanmi, Clinton Aigbavboa, Ayodeji Oke

Abstract:

The construction industry is a renowned latecomer to the efficiency offered by the adoption of information technology. Whereas, the banking, manufacturing, retailing industries have keyed into the future by using digitization and information technology as a new approach for ensuring competitive gain and efficiency. The construction industry has yet to fully realize similar benefits because the adoption of ICT is still at the infancy stage with a major concentration on the use of software. Thus, this study evaluates the awareness and readiness of construction professionals towards embracing a full digitalization of the construction industry using construction 4.0. The term ‘construction 4.0’ was coined from the industry 4.0 concept which is regarded as the fourth industrial revolution that originated from Germany. A questionnaire was utilized for sourcing data distributed to practicing construction professionals through a convenience sampling method. Using SPSS v24, the hypotheses posed were tested with the Mann Whitney test. The result revealed that there are no differences between the consulting and contracting organizations on the readiness for adopting construction 4.0 concepts in the construction industry. Using factor analysis, the study discovers that adopting construction 4.0 will improve the performance of the construction industry regarding cost and time savings and also create sustainable buildings. In conclusion, the study determined that construction professionals have a low awareness towards construction 4.0 concepts. The study recommends an increase in awareness of construction 4.0 concepts through seminars, workshops and training, while construction professionals should take hold of the benefits of adopting construction 4.0 concepts. The study contributes to the roadmap for the implementation of construction industry 4.0 concepts in the South African construction industry.

Keywords: building information technology, Construction 4.0, Industry 4.0, smart site

Procedia PDF Downloads 395