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Item15 years on, has the legal Pandora's Box yet to be sealed? : a critical analysis of the majority in the Heavy Metal case and determination of the correct interpretation of the concept of 'control' as it relates to associated ship arrests.(2015) Mohamed, Faried.; Gevers, Christopher Carl.In respect of company law, there are two main principles that govern it. The first principle is that a company is a juristic person, having a separate legal identity and thus existing separately from the individuals who stand behind the corporate veil and enjoy the benefits of the company. The second principle is that of limited liability. Collectively, these two principles aim to promote capital investment whilst limiting the liability of potential investors. In the maritime industry however, these two principles serve an entirely different purpose. Ship-owners form ‘one-ship’ companies where each vessel within the same fleet is registered under the name of a different shipping company. Hence due to the separate legal identity of companies, claimants could only proceed against the guilty ship. In 1983 South Africa enacted its reform legislation by introducing the Admiralty Jurisdiction Regulation Act with the aim to provide consistency and certainty within the legal sphere of the maritime industry. In doing so, the legislature saw the opportunity to remedy the mischief created by ‘one-ship’ companies by introducing the associated ship provisions which based the central enquiry in such arrests on ‘common-control’ rather than ‘common ownership’. Thus, the purpose of the provision was to provide claimants with a mechanism to penetrate complex corporate structures so as to locate and hold the true debtor in a maritime dispute liable. The general understanding therefore in associated ship cases was that the provisions concerned themselves with the ultimate or actual control of a shipping company. The leading case in interpreting the term ‘control’ is the Heavy Metal wherein the SCA adopted a restrictive and narrow understanding of ‘control’ which centralised the enquiry on the registered shareholder of a ship-owing company and in doing so, allowed for the existence of two repositories of control. It therefore allowed an association to be formed on the basis that the companies in question shared a common majority nominee shareholder without considering the fact that such a person may hold the said shares for two different entities. In this manner, the judiciary opened a ‘legal Pandora’s box’ in the sense that it created confusion and uncertainty in respect of the meaning to be acquainted to the term ‘control’. This dissertation will trace the background and history of the associated ship provisions so as to determine its nature, scope and underlying purpose. It will also conduct an investigation of the provisions and the relevant case law in order to determine what is meant by the term ‘control’. Lastly the dissertation will determine the correctness of the Heavy Metal case and its legal impact on courts applying its ratio. ItemThe 360-degree emotional competency profiler as a predictor of leadership ability.(2003) Peters, Wilma Luther.; Coldwell, David A. L.Leadership has been defined as the competencies and processes required to enable and empower ordinary employees to do extraordinary things in the face of adversity, it has the added advantage of constantly delivering superior performance to the benefit of individual employees and the organisation, thereby improving returns on investment for shareholders. These behaviours include being skilled in emotional competencies. This study focused on the emotional intelligence factors considered characteristic of effective leaders. Forty-eight high potential leaders (HPl) that were selected as part of the companies talent management program were included in the study. Their ratings on the 360-degree Emotional Competency Profiler (ECP) where compared to a group of twenty-four employees that were excluded from this program. Qualitative and quantitative methods where used to explore the relationship between leadership and emotional intelligence. Focus groups were used as qualitative method to determine the relationship between emotional intelligence as measured using the Emotional Competency Profiler (ECP), leadership and the leadership requirements placed on leaders as documented within the talent management program. The results from these discussions indicated a positive relationship between, emotional intelligence, leadership theory and the leadership requirements of the company. Quantitative methods where used to compare the ratings of leaders with nonleaders. The gap identified between current EQ behaviour and the importance of the EO behaviour were used to indicate the leadership demands placed on the high potential leader and non-leader groups. The outcome of the study indicated the value and application of emotional intelligence (EO) as component of effective leadership. It is well known that emotionally intelligent leaders have the ability to engage the hearts, minds and imaginations of ordinary people. They inspire people to perform beyond their own expectations. These leaders create a sense of ownership, belonging, security and joint destiny in situations of uncertainty and change. The result is that employees trust these leaders and approach their jobs with greater commitment. The resulting teamwork, mutual support and co-operation create a work environment were employees become creative and innovative. Teams with emotionally intelligent leaders reach a level of synergy that lifts their performance to a level that is more than the sum total of the individual contributions. ItemA perception based audit of the Employment Equity Act 55/1998 : an organisational survey conducted on the staff of the Natal Sharks Board.(2002) Tusi, Dorothy E. B.; Coldwell, David A. L.The aims of the study were to determine if unfair discrimination in employment is being eliminated; to establish if a diverse workforce representative of the population is in the process of being achieved, and to find out if economic development and efficiency in the workplace is being promoted. The study made use of the organizational survey research method. Organizational surveys are powerful in: identification of opportunities for improvement, reality check, determining if a strategy is outdated and needs to change, measurement of performance improvements, changing mind-set of management, where necessary, increasing the commitment of people in the organization. The sample consisted of 166 participants. These participants comprised of 110 employees described as Crew Members and 56 employees described as Officers. All races were represented within the sample. In a population of 166 staff members at Natal Sharks Board, a sample of forty (40) participants was randomly selected. The sample was further subdivided into 20 Crew members and 20 Officers. The former 20 participants (Crew) were interviewed through medium of IsiZulu because most of them could not read or write. The latter 20 participants (Officers) were given questionnaires to fill-in. These questionnaires were in English. All 20 participants are competent English-speakers and could read and write. Data gathering took three weeks to complete. Collected data was analysed through quantitative and qualitative methods. The results and the findings of the study were presented according to the aims of the study. The findings according to aim number one, that is, to determine if unfair discrimination in employment is being eliminated; show that there is a change to eliminate discrimination at Sharks Board. The second aim, that is, to establish if a diverse workforce representative of the population is in the process of being achieved; show that there is a change in the diversity of the workforce. The last aim of the study, that is, to find out if economic development and efficiency in the workplace is being promoted at Sharks Board; shows that this process has began. ItemA study of the relationship between benchmarked factor improvements and employee satisfaction : an empirical study of Johannesburg water.(2006) Van Tonder, Leon.; Coldwell, David A. L.Companies are constantly searching for ways to enhance productivity and the bottom line. One of the assumptions is that increased job satisfaction can contribute in this regard with improvements in motivation and productivity. The organisation that is the subject for this study is a utility company formed by the City of Johannesburg to deliver a comprehensive water and sanitation service to the City. The creation of the company was preceded by a high level of unhappiness from organised labour and consequently many of the transferred employees. In order to give effect to its mandate of providing a cost effective and quality service to the citizens whilst protecting the environment, the company adopted a number of benchmark and other measurements across the board including the measurement of levels of employee satisfaction. The research focused on the employee perceptions of job satisfaction in the company based on the head office component with the previous survey results taken 18 months earlier serving as comparison. It was therefore possible to also evaluate the relevance of results obtained with the job satisfaction survey. The results of a benchmarking exercise in the Human Resources division conducted towards the end of 2003 was also available and served as a point of reference in comparing job satisfaction levels with the results of the benchmarks that were developed based on international best practice and compared the company to other organisations in the utility sector. The study examined the possibility of the development of strategies by the Human Resources function aimed at eliminating factors that cause dissatisfaction and improving or introducing those that led to increases in levels of satisfaction. The results indicate that it is not appropriate to concentrate only on the role of Human Resources in its efforts to influence job satisfaction and that high levels of job satisfaction or otherwise do not necessarily have a relationship to the perception of the efficiency of the Human Resources function when compared to the results of human resources benchmarks. Although the literature supports the importance of job satisfaction as a factor in productivity improvement, the findings point to the need to follow an integrated approach based on sound practice and measurement of metrics as well as the incorporation of strategies that ensure that job satisfaction is not negatively affected by striving for excellence in other areas. Even though the research provided support for the Herzberg theories on Hygiene (maintenance) factors and Motivators as predictors of job satisfaction it is the author's conclusion that the research points to the fact that results of Human Resources benchmarked factors are not the sole determinants of job satisfaction. It is, based on the research results, possible to conclude that even if the important satisfiers are not always adequately addressed, sound Human Resources practice can assist in ensuring that the levels of satisfaction do not become terminally low and cause high levels of attrition or detrimentally affect productivity with the resultant affect on benchmarked factors that compare poorly to that of the target organisations. ItemA survey of South African registered Accountants' and Auditors' attitudes towards differential corporate reporting.(2004) Wells, Michael John Cuthbert.; Stainbank, Lesley June.The aim of this dissertation is to investigate aspects of the differential corporate reporting debate in South Africa. The dissertation summarises the background to the current position and findings in respect of all previous South African research and selected previous international research. The dissertation reports the results of a postal survey of South African registered accountants' and auditors' perceptions of the suitability of selected South African statements of generally accepted accounting practice to a range of South African entities varied by size, legal form and financial statement user base. The dissertation provides evidence of (i) the need for differential corporate reporting in South Africa, (ii) the need for multiple differential reporting thresholds in South Africa, and (iii) the need for differential reporting options to include both presentation and disclosure and recognition and measurement concessions. The dissertation also raises some questions for future research. ItemA systems approach to the design of an idealized student enrolment support system for the University of KwaZulu-Natal.(2008) Van Soelen, Anita.; Bodhanya, Shamim Ahmed.In the research we considered the viability of the current student enrolment support system at the University of KwaZuku-Natal. The system relied on the coordination and integration of activities across campuses and reporting lines. Its success was dependent on the successful interactions between a variety of sub-systems and individuals. A soft systems approach was required for the investigation, which allowed us to deal with both the complexity of the system and the variety of perceptions participants brought into the situation. A theoretical framework for Soft Systems Thinking was provided in Chapter 2 with reference to General Systems Theory, Living Systems Theory and metaphors of organisation. In Chapter 3 different types of problem contexts were discussed, grouped and linked to preferred research methodologies. This framework assisted us to select Idealised Planning (IP) as research methodology. The boundaries and structure of the research process were described in Chapter 4. In this Chapter we also provided information on the selection and briefing of participants. IP philosophy supported participative planning; a seeking of consensus which generated learning and the striving towards an ideal. Our aim was to reach consensus on the transformations required within our system. Information on the application of IP in our situation and the learning generated during the process were recorded in Chapter 5. As much information as possible was collected and the transformations required for improvements were identified. We developed a mental construct of an ideal system and defined the properties such a system should have. An unconstrained design, not constrained by the current environment, was prepared as well as a constrained design in which our current limitations were recognized. The two designs were compared and the boundaries of the constrained design were pushed out as far as possible to incorporate as many of the ideal properties as possible. A detailed plan was developed for the implementation of the chosen design. In Chapter 6 we reflected on the suitability of IP in our problem context, the learning generated and the degree to which the research objectives were met. The project enabled us to consider our key processes and to prepare detailed procedures. We identified the problem areas in our system and the transformations to be introduced for the system to remain viable and able to cope with future demands. ItemAbandonment in marine insurance law : an historical comparative study.(1996) Marnewick, Christiaan Georg.; Staniland, Hilton.This study follows upon an LLM thesis in which the writer submitted that South African marine insurance law should be allowed to develop by way of a codification process which co-ordinates research of the principles of Roman-Dutch law . Abandonment is defined as a special remedy available to the assured under a marine insurance policy in in special circumstances. It is related to the indemnity principle and subrogation and , operates as a method of transferring real rights. The reasons for the research are examined and the historical-comparative method is proposed as the appropriate rearch method. An historical review of the origins and early history of indemnity insurance is undertaken . It reveals that abandonment is an original institution of marine insurance which has been imported into to the legal systems of the countries of western Europe and England . After recounting the historical developments in customary and statute law pertaining to abandonment spanning the period from the birth of marine insurance to the end of the eighteenth century, the principles of abandonment currently applicable in Dutch, German, French, English and American law are analyzed and compared in order to determine what the basic rules of abandonment are. In this process certain common principles of abandonment are identified and arranged into a set of basic rules. The theoretical implications of abandonment and its relationship with the indemnity principle and subrogation are considered in order to arrive at some conclusions with regard to the origins of abandonment, its functions as a servant of the indemnity principle and its links with economic loss as a species of indemnifiable loss. It is concluded that the purpose of abandonment is to compensate for a loss which is wholly or partially economic in nature. Abandonment as a means of transferring real rights without formal delivery of the abandoned things is discussed against criticism by others that abandonment does not have the effect of transferring real rights in South African law. The development of abandonment principles in South Africa after 1652 is investigated against the background of the original customary law which applied in Europe, the local ordonnances which were promulgated in the towns of Holland between 1563 and 1744, the writings of the most important Roman-Dutch authors and developments in South African statute and case law. This allows the basic principles of abandonment in the law of the countries used for comparison and arrived at by the historical-comparative method to be compared to the principles of abandonment in the Roman-Dutch law of the seventeenth and eighteenth centuries and to current South African law. It is concluded that, whilst there are unimportant differences, the South African common law recognizes the same basic rules of abandonment as the classic Roman-Dutch law, recent Dutch law and current German, French, English and American law. In the- discussion of South African case law it is pointed out with reference to Roman- butch, English, French and Dutch authorities that an injustice has been done in the case of the 'Morning Star' . Three general recommendations are made with regard to the future development of South African law, namely that total loss should be recognized as a separate category of loss, that it is unnecessary to import the concept of a constructive total loss into South African law, and that the insurer should be allowed to decline receiving transfer of ownership of the abandoned ship or goods. The principles of abandonment are also stated on three different bases, allowing the South African legislature to choose its own model, namely: those which apply in South African law as the inherited Roman-Dutch principles; those which apply in English law, firstly as they applied prior to codification in 1906 and secondly as they now apply under the Marine Insurance Act 1906; and lastly those which the writer recommends should be taken up in a proposed South African marine insurance act . Case law is stated as at 31 December 1995. In the case of English law the wealth of material has made it necesary for the author to use his own discretion on the question whether any particular case or work was worthy of a mention . ItemABSA clients' perceptions of the service quality provided by ABSA Longmarket Street branch in Pietermaritzburg.(2005) Madikane, Nomagugu.; Ellis, Deborah Ann.The financial service industry has experienced massive change since the early 1980s. In the past, banks and building societies used to serve their customers' needs differently, but with the removal of many barriers in terms of pricing and various products which the banks and building societies sold their customers, these institutions have brought about changes concerning the expansion of the products and service which they offer to their customers. Today, many financial services encompass the philosophy of implementing marketing programmes which are aimed at looking after their customers and maximizing their satisfaction with the service. The main aim of this study was to investigate customers' perceptions vis-a-vis the service that is provided by ABSA Longmarket Street Branch, in terms of customer satisfaction. More specifically, the objectives were: • To identify customers' expectations in terms of financial services. • To ascertain the perceptions of ABSA customers towards the service ABSA Longmarket Street Branch provides them with. • To measure the gaps between the perceptions and expectations of the service that ABSA provides its customers, using the Servqual Score. • To calculate and measure the score for the five Servqual dimensions. Using the Servqual model to measure expectations in terms of service, i.e. what is expected compared with perceptions of service received, the study focused on ABSA customers who use the Longmarket Street Branch in Pietermaritzburg. Customers felt that brochures would be better when an information is printed in all languages and important messages be displayed on the Automated Teller Machine (ATM) screen and be advertised more often on television. Another concern was that customers felt that it is important for the staff to show sincere interest when solving the customers' problems. This can be achieved by keeping the customer informed with the progress of hislher query. It is of the utmost importance to provide the right service at the right time. Another concern raised was that customers need to be reassured that the problem will be solved and dealt with in a professional manner. Customers felt more secure doing their transactions at the branch rather than at the ATMs. They felt more comfortable to talk to people, as this builds long-lasting relationships. The majority of the respondents felt that management must encourage staff to share product knowledge that will help them to deliver a better quality of work. The study shows that there is a lack of individual attention when the staff deals with customers. Giving the customer undivided attention, being patient and calling them by their names, to make them feel welcome and acknowledged, can improve this. There is a necessity for the branch to extend working hours to accommodate everyone. The branch has to consider offering facilities such as the Internet and telephone banking, to make banking simple and convenient to everyone at home. ItemThe abused women in South Africa : statutory implications and the use of mediation to resolve domestic violence disputes.(2000) Moodaliyar, Kasturi.; Louw, Ronald.No abstract available. ItemThe acceleration of quality education in rural schools through systemic curriculum management : a practitioner researcher perspective.(2011) Sambo, Dlelwane John.; Hardman, Stanley George.I used Soft Systems Methodology (SSM), a practitioner research methodology to foster organisational learning in poor performing schools. School Management Teams (SMTs) have a role to play in accelerating the delivery of quality education through sound management of curriculum. A closer analysis of learner performance, departmental conference discussions and school visit reports in poor performing schools in Sabie and White Hazy Circuits highlighted some of the crucial issues that informed this study. Ten schools from the two circuits were identified for the study and curriculum management discussions were held with individual and groups of SMT members in their respective schools. The participative nature of SSM provided the opportunity to initiate further debates and discussions that enabled SMT members to understand the nature of management problems and developed intervention strategies that included SMT conferences, circuit-based SMT workshops and SMT functionality support visits. The SMT functionality visits were ongoing programmes in the two circuits. The purpose of these programmes was to identify and propose solutions to poor performance challenges resulting from dysfunctional and ineffective SMT members. The intervention sessions provided a platform for the sharing of good practices regarding instructional leadership and curriculum management to provide quality learning. Using SSM in the intervention sessions enabled SMT members to put in place curriculum management systems, develop monitoring programmes and account for learner performance. During SMT support visits programmes to support SMT members in adhering to their annual management plans, effective use of curriculum management tools, quality reporting and implementing school-based teacher development programmes would be monitored. Monthly reporting developed by consolidating reports by individual education specialists served as indicators about the state of management of curricula in the schools. ItemAcceptability of Radiofrequency Animal Identification in Rural KwaZulu-Natal.(2017) Mahlangu, Isaiah Mahloloni.; Hoque, Muhammad.The outbreak of animal diseases occurring in the past decades resulted in food incidents affecting animal products across the world. The subsequent decline in consumer confidence and profit losses forced the beef and dairy industries to improve production management. A ―farm-to-fork‖ traceability system in the form of Radiofrequency Identification (RFID) was adopted by many global markets as a solution. Invented to monitor military aircrafts during the World War II, RFID has transformed the traditional animal identification methods first practiced some 3 800 years ago. Other industries have also adopted RFID to improve efficiency in the supply chain. In beef production, RFID also has the potential to deter stock theft. There is insufficient evidence of how this technology is accepted by the emerging markets, particularly among rural livestock farmers. This study was motivated by the plan of the Department of Agriculture Rural Development to introduce RFID animal identification in rural areas of KwaZulu-Natal (KZN), South Africa. The aim of the study was to test acceptability of RIFD by livestock farmers in rural areas of KZN. A quantitative approach was used to conduct a descriptive survey among the livestock farmers at Msinga, a Local Municipality in the Umzinyathi District of KZN. Data was collected from 170 randomly selected participants from a population of 1 000 livestock farmers. The study revealed that animal identification at Msinga is based on the use of skin colour, naming of animals, unauthorised random brand marks and authorised systematic brand marks. This approach seeks to enhance animal identification and ownership. The literature review showed that in spite of the evidence that countries without traceability systems fail to gain access into lucrative international meat markets, South Africa has not adopted RFID. Based on the Chi-Square test, the study fails to accept the null hypothesis suggesting that livestock farmers will not accept RFID. At 95% level of significance, the study concludes that there is sufficient evidence suggesting that livestock farmers at Msinga will accept RFID. As the beef industry migrates towards traceability to achieve product differentiation, gain consumer confidence and competitive advantage, it is recommended that South Africa consider a legislative framework to enable the adoption of RFID by livestock farmers, and that the government support the introduction of this technology into communal farmers in rural areas. ItemAcceptance of LinkedIn for human resources management: a case study in the construction sector in Nigeria.(2020) Omigade, Mariah Oluwaseun.; Ajayi, Nurudeen Abimbola.Many organisations have accepted social media as an important platform for keeping up with global technological developmental trends. LinkedIn emerged as a social media platform that is used by human resources (HR) professionals across the world. It is renowned for its ability to facilitate communication between HR professionals. The main aim of the study is to understand the perceptions of HR employees in the construction sector on the acceptance of LinkedIn software in performing HR functions of the organisation in Nigeria. The objectives of the study are to understand its acceptance based on the perceived usefulness, and ease-of-use as described by Technology Acceptance Model (TAM). The study also explored the challenges associated with the acceptance of LinkedIn in performing HR functions in a construction company. An exploratory research approach was adopted using the qualitative method to get in-depth knowledge of the identified phenomenon. A case study approach was adopted for the study, and a construction company in Lagos, Nigeria, was selected. Primary data was collected from HR officers. Semistructured interviews were conducted by the researcher where ten (N=10) HR department officers of the construction firm in Lagos Nigeria, were interviewed. The empirical results indicate that LinkedIn is not widely accepted in facilitating HR functions in the HR department. The results also show that the perceptions of the HR employees on the acceptance of LinkedIn are based on how it assists them in performing HR functions. The results also indicated that the use of LinkedIn is not only limited by security concerns, but by the lack of information, financial resources, required skills, and management buy-in. Furthermore, the results also show that the acceptance and use of LinkedIn for HR functions requires adequate buy-in from the executives of the organisation. HR employees must also be appropriately trained on the use of LinkedIn to perform HR functions and to mitigate LinkedIn security-related challenges. ItemAcceptance of mobile money technology by retailers in Accra, Ghana.(2022) Cato, Valentine Nii Lante.; Marimuthu, Mudaray.Mobile Money technologies have become part and parcel of people's daily lives in developing countries, especially Africa. Much effort has been made in making Mobile Money technologies available, safe, reliable, and effective amongst people in Africa. One area where the technology seems to be gradually diffusing into is the business world. More and more businesses seem to be adopting the technology. However, little is known about the dynamics involved in retailers' acceptance and usage of Mobile Money. Hence, this study sought to explore the acceptance of Mobile Money in the retail business sector while also finding out factors that influence the acceptance. The Unified Theory of Acceptance and Use of Technology (UTAUT2) was selected as a theoretical framework for this study. Using a quantitative survey approach, retailers in the business area of Accra, Ghana, were sampled using convenience sampling. Findings revealed that all retail businesses were aware of Mobile Money supporting businesses. Most retail businesses are using Mobile Money in different ways to support their business. Basic transactions such as receiving payments from customers and payment payments or remittances were common. Factors such as performance expectancy, effort expectancy, price value, hedonic motivation, and habit were seen to impact the use of Mobile Money by retailers. Therefore, designers of Mobile Money services must consider these factors when developing these applications by ensuring it has functionality that is useful and easy to use. Furthermore, telecommunication companies that make Mobile Money services available to retailers and the government need to work together to decrease commission and transaction costs. These measures will results in increased acceptance of Mobile Money by retailers. ItemAccess to affordable life-saving medicines : the South African response.(2012) Joseph, Coral Jade.; Vawda, Yousuf Abdoola.Patent protection grants the patent holder with a market monopoly, free from market competition allowing the patentee to charge any price; therefore medicines are sold at prices much higher than the marginal cost of production and distribution. The connection between international trade and intellectual property has aggravated human rights and public health concerns surrounding the inaccessibility of essential medicines. The World Trade Organisation‘s Trade Related Aspects of Intellectual Property Rights (TRIPS) Agreement is an international instrument which has greatly impacted intellectual property rights protection and access to medicine. It has globalized intellectual property law by obliging all Members to subscribe to the minimum international standards of protection for intellectual property. South Africa is an example of the issues faced whilst attempting to bring their domestic laws into compliance with the Agreement. The government had to attempt to strike a balance between creating an effective intellectual property infrastructure whilst realizing the therapeutic needs of those affected by HIV/AIDS. The South African Patents Act 57 of 1978 did not comply with the Agreement and was subsequently amended in order to bring its patent legislation in full compliance with the Agreement. Currently, South Africa grants patents for new uses or formulations of existing medicines consequently lengthening the period of patent monopoly by allowing pharmaceutical companies to obtain new patents for slight modifications to existing medicines. It is submitted that South Africa‘s patent legislation is more extensive than is necessary under international law, examples of this being disclosure standards and the process for compulsory licensing. In addition, it has not made use of provisions in its existing law to take measures to improve access to essential medicines, nor has it implemented legislative amendments consequent to the flexibilities established in the Doha Declaration. This dissertation seeks to review the steps South Africa has taken in its compliance with the TRIPS Agreement with respect to the relevant intellectual property legislation that has been enacted, including its implications for access to essential medicines. The intention behind this dissertation is to assess the efficacy of the intellectual property legislation in South Africa and its impact on access to medicines. ItemAccess to antiretrovirals : are there any solutions?(2008) Broster, Emma Justine.In South Africa 1 000 people die of AIDS everyday and 100 000 more people require ARVs every year. There is therefore an urgent need to provide access to ARVs andother essential medicines. The South African Constitution requires the government totake reasonable measures to ensure access to health care. The government has cited financial constraints as the major ohstacle to fulfilling this constitutional imperative. In an effort to stretch their budgetary resource other medium-income countries have used measures such as compulsory licences, voluntary licences and parallel importation. These measures, provided for in the TRIPS Agreement and the Doha Declaration, are available under South African legislation but have not been properly implemented due to a lack of political will. The proper use of compulsory licences by the South African government is vital because all twelve of the ARVs on the World Health Organisation's Essential Medicines List are protected in South Africa by our patent laws. However, in order to issue compulsory licences more easily and quickly the South African Legislature will need to pass legislation which clarifies the ambiguities contained in TRIPS and the Doha Declaration. Other methods to lower the price of medicines include the segmentation of the South African market in order to facilitate differential pricing. The State must balance its use of such measures with programmes to incentivise research and development into neglected diseases and HIV/AIDS. Such programmes will also assist the State's capacity to conduct its own research and development into new medicines, whilst bolstering its domestic pharmaceutical manufacturing capacity. The ultimate solution to South Africa's access to medicine problem is to create a pharmaceutical manufacturing industry capable of producing the most complex medicines, so as to lessen its dependence on drug manufacturers reducing their prices. The way to create a sophisticated pharmaceutical manufacturing capacity is to use the flexibilities in TRIPS and to uphold South Africa's high patent standards. The Constitutional Court's involvement is essential in order to force the State to implement its own policies so as to provide access to affordable medicines. ItemAccess to genetic resources and sharing of benefits arising out of their utilization : a critical analysis of the contribution of the Nagoya Protocol to the existing international regime on access and benefit-sharing.(2012) Kizungu, Dieu-Donne Mushamalirwa.; Lewis, Melissa Geane.Prior to the commencement of the Convention on Biological Diversity (CBD), genetic resources were considered to be the common heritage of mankind; this principle gave the right to developed countries to obtain and freely use the genetic material of developing countries. Growing concern over the controversial ‘free access’ system and the monopolization of benefits led to the negotiation of an international treaty, the CBD, to regulate access to genetic resources and the sharing of benefits resulting from the utilisation of such resources. The CBD makes some important innovations. It recognizes that the authority to determine access to genetic resources depends on national governments and is subject to national legislation. Thus, the CBD recognizes state sovereignty over genetic resources and institutes the principles of Prior informed Consent (PIC), Mutually Agreed Terms and Benefit-Sharing. However, the CBD and other international instruments relating to genetic resources have not had the desired effect of preventing the misappropriation of genetic resources and associated traditional knowledge (TK). Developing countries suffered and continue to suffer from the piracy of their resources. This state of affairs has led to the recent adoption of the ‘Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to The Convention on Biological Diversity,’ (2010 Nagoya Protocol). This dissertation will consider the contribution of the Nagoya Protocol to the existing global and regional instruments concerning the access and benefit sharing of genetic resources. After explaining the gaps in the existing instruments, it will explore whether the Protocol is a miracle solution to the recurrent concern over misappropriation of genetic resources from biologically rich countries, or whether there is still much work to do to sort out this problem. ItemAccess to healthcare in the age of CRISPR: an analysis of the right to heritable human genome editing in the context of the tuberculosis epidemic in South Africa.(2022) Kamwendo, Tamanda Agatha.; Thaldar, Donrich Willem.Tuberculosis (TB) is the leading cause of death from infectious diseases in South Africa and a major risk to global health security. Although notable progress has been made towards TB control, its effectiveness has been limited, partly due to acquired resistance during the first-line TB treatment or poor patient adherence to the treatment. Considering that genetic factors play an important role in one’s susceptibility to TB, it is imperative that all aspects of vertices of the TB triad — a susceptible host gene, pathogen, and environment — be considered in formulating treatment. CRISPR-CasX is a revolutionary new approach to genetic modification that promises effective disease treatment and control in humans. This thesis explores the right to heritable human genome editing in South Africa in the specific context of TB treatment. Against this backdrop is the uncertainty of the ambit of the Constitutional commitment to ensure that all South Africans have access to healthcare services such as gene-editing services. As a result, the application of gene-editing technology for TB treatment is contingent on how this the right of access to healthcare services is interpreted. This thesis endeavours to show how the right of access to healthcare should be interpreted as being inclusive of access to geneediting technology. This study hence serves as an appraisal for South Africans on how to demand access to gene-editing services as a legal right in the search for a suitable treatment for TB. The thesis also provides momentum for South African policymaking by providing recommendations for research and the clinical use of CRISPR therapeutics as a medicinal product as the country has no gene-editing-specific policies or statutes. ItemAccess to information for community participation to enhance service delivery in uMshwathi Local Municipality.(2021) Khanyile, Ralph Mafezwe.; Nzimakwe, Thokozani Ian.; Mthuli, Syanda Alpheous.In South Africa, access to information, and community participation in local government matters during the Apartheid era, was reserved for the White minority, with all other races excluded. This was owing to the Apartheid laws that only catered for the White minority, while denying most inhabitants of the country, including Indians, Coloureds, and Blacks, their political rights and participation in their own governance. At the end of Apartheid in the 90s, the newly elected democratic government implemented policies whose purpose was to redress the imbalances of the past, with community access to public information amongst the new policies. Even with the new policies which are meant to ensure that communities have access to information, there are still wide gaps that have resulted in endless service-delivery complaints. Such complaints sometimes lead to service-delivery protests, especially at local government level. On closer inspection, these protests and complaints are seen to be a result of lack of information, caused either by insufficient information being provided to members of the public regarding public services, or not being provided at all, and or lack of community participation in decision-making by the municipality regarding public services. This study explores the complexities of access to information that ensure communities within uMshwathi Local Municipality can express their views on the municipal services they receive. The study adopted a qualitative research design. Through this research design, data was collected per interviews and focus group discussions, evaluating the data to achieve a thematic analysis. This study found that technology is key to providing information, while community structures for providing information are weak. There are politics in providing/sharing information about public services; and attention to community concerns is lacking. The cascading of information to the public is politicised, while it is also delayed and outdated. The interaction between ward committees, community members, the elected councillors, and municipal officials is complex, while being challenged by finger-pointing and playing the ‘blame game’. The blame game is mostly about who is responsible for ensuring that members of the community have access to municipal information apropos of public services. Finally, the complaints-management system is egregious, and there is a need for training of ward committees, such being lacking. ItemAccess to justice : the role of community-based paralegals in community restorative justice in rural KwaZulu-Natal.(2014) Martins, Busiwana Winnie.; Ruffin, Fayth Anese.Access to justice in rural KwaZulu-Natal is wholly inadequate, particularly where domestic violence is concerned. Despite the enactment of post-1994 criminal justice statutory frameworks, the majority of women living in rural areas experience barriers to justice. Yet the fight against injustice cannot be left solely to the police, lawyers and courts. Rather, there is a need to involve other stakeholders, such as ordinary people, non-governmental organizations (NGOs) and traditional authorities. This research study investigates whether and how community-based paralegals (CBPs) facilitate access to justice. It explores the role of paralegals in community restorative justice through four rural community-based advice offices under the umbrella of the Centre for Community Justice and Development (CCJD), an NGO in Pietermaritzburg. The four community advice offices under study in rural KwaZulu-Natal are Bulwer, Ixopo, Madadeni and New Hanover. The study examines the interrelationship between restorative justice, community-based paralegals and domestic violence with specific reference to the Domestic Violence Act (No. 116 of 1998). Underlying the domestic violence lens adopted to explore the role of CBPs in community restorative justice are philosophical worldviews of pragmatism to determine what works under the circumstances and advocacyparticipation to give voice to the study participants. The study employs a socio-legal, qualitative research design supported by statistical case intake and outcome data. A meta-conceptual framework allowed a multiple-case study strategy that applies several units of analysis and draws upon multiple sources of evidence. The research findings reveal the connection between the engagement of paralegals by rural community members and the role of paralegals in handling domestic violence cases in an environment of legal pluralism. Furthermore, findings show that while paralegals straddle criminal, traditional and informal justice systems to address the legal needs of rural women, contrary to mainstream literature, domestic violence cases can be resolved through community restorative justice. Findings demonstrate that the Domestic Violence Act fails to meet the needs of victims of domestic violence who seek family sustainability. The community restorative justice practices of CBPs directed toward domestic violence fill a justice gap created by contradictions between rule of law orthodoxy and customary law. Based upon the role of CBPs in advancing access to justice through community restorative justice, the study concludes with process theory-building for forum shopping and communication pragmatism and suggests a private-based conceptual model for community-based paralegals addressing domestic violence cases through community restorative justice. Practical implications for law and policy and a way forward for community restorative justice in rural areas are also presented along with visions of future research. ItemAccess to municipal markets by agro-smallholder producers in eThekwini Metropolitan Municipality: a public administration perspective.(2020) Nyawo, Jabulani Christopher.; Mubangizi, Betty Claire.The government's inability in South Africa to ensure that both local and national markets adequately accommodate smallholder producers is hindering the sector’s ability to grow and develop. Minimal research has focused on how local government interacts with other spheres of government to improve and ensure accessibility to municipal markets for agro-smallholder producers, and limited studies have been conducted that explore the influence of municipal markets on agro-smallholder producers. Therefore, this study aimed to critically examine municipal markets' influence on agro-smallholder growth within a decentralised state. This study employed a qualitative exploratory research methodology using semi-structured interviews and focus group discussions. The researcher utilised a non-probability, purposive sampling method—the sample comprised participants from government departments and agrosmallholder producers falling under the eThekwini Municipality’s jurisdiction. The researcher conducted seven individual face-to-face interviews with government officials and 15 focus group discussions with agro-smallholder producers. The data collected were analysed using the thematic analysis technique. The study results show that the municipal markets and the extension services do not provide substantial support to agro-smallholder producers who are seeking access to markets. Furthermore, the study found that there is no integration or relationship between the eThekwini Municipality and the KZN Agriculture and Rural Development on the issues related to the promotion and development of agro-smallholder producers. Through the application of administrative theory, the study recommends that the government institutions incorporate stakeholders’ insights, lay a policy foundation for a whole-of-government approach to planning, and set the direction for agrosmallholder's planned future. The creation of a coherent planning and coordination system could assist government institutions in ensuring that better outcomes are achieved to deliver support services to agro-smallholder producers. Furthermore, the government institutions will be more effective if they have sufficient human resources who are qualified and able to ensure their departments' effective management and smooth functioning.