College of Law and Management Studies

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15 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.
The 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.
A conceptual framework for private higher educational institutions to respond to disruptions in South Africa.
(2024) Maota, Tshepo Religion.; Naidoo, Vannie.
During the unprecedented COVID-19 pandemic, global societies experienced widespread disruption and uncertainty, significantly affecting higher education. This "black swan" event tested the resilience of higher education institutions, necessitating an involuntary shift in instructional practices. This study explores the impact of pandemic disruptions on student and staff experiences in local PHEIs, with a focus on their operational flexibility and capacity to navigate turbulent circumstances. The research employs a mixed-methods approach, involving a sample size of 381 students and 316 staff members from various demographic backgrounds. We administered the survey using reliable measures to ensure high response rates. The findings indicate that lower-level students, such as undergraduates, faced greater difficulties in adapting to online learning compared to higher-level students, such as master's and doctoral candidates. The challenges included limited access to technology and resources, as well as difficulties maintaining engagement and motivation. In contrast, staff members initially reported high levels of support adequacy, but these ratings decreased with increased years of experience, possibly due to burnout and evolving expectations. Leaders within PHEIs highlighted the need for enhanced training and preparedness to manage disruptions effectively. They identified specific challenges, such as political and economic factors, system changes, and the absence of specialised tools for disruption management. Insights from leaders included the importance of scenario planning, robust communication strategies, and fostering a culture of adaptability and resilience. We developed a comprehensive framework for disruption management as a guiding beacon for navigating disruptive encounters. We created a machine-learning-based predictive model using a binary classification tree to predict disruption risks within this framework. The model was trained on variables such as potential impact, probability of occurrence, warning index, and relevance to the education sector, achieving high accuracy in classifying disruption risks. Despite limitations like region-specific focus and challenges of data collection during a pandemic, this study provides valuable insights into proactive strategies, support significance, effective leadership, and predictive models for disruption management in higher education. This research contributes to the understanding of disruption management in PHEIs and provides practical tools for enhancing institutional resilience.
A conceptual framework to address challenges facing female-owned agricultural cooperatives in Pietermaritzburg.
(2023) Ndlovu, Silindile Goodness.; Nzimakwe, Thokozani Ian.
The study investigated challenges encountered by small to medium-scale (primary to secondary level) female cooperatives in the agricultural sector in Pietermaritzburg. This research aimed to assess the challenges encountered by female entrepreneurs in the small to medium-scale agricultural sector in Pietermaritzburg in KwaZulu-Natal to present a conceptual framework to address the challenges encountered by female owned agricultural cooperatives in Pietermaritzburg. A qualitative methodology generated an in-depth understanding of the phenomenon under study. The researcher’s target population in this study was female owned cooperative enterprises in the agricultural sector in Pietermaritzburg. The sample for the study was selected through the purposive sampling method. Only 20 female-owned cooperatives out of 306 in the agricultural sector in Pietermaritzburg participated in the study. Semi-structured in-depth interviews were used to collect data on the challenges facing female entrepreneurs in the agricultural sector in Pietermaritzburg. Ten primary-level female-owned cooperatives and ten secondary-level female-owned cooperatives were selected to participate. Thematic analysis was used to analyse the data. Study findings revealed that a lack of access to sufficient and productive land for expansion; a lack of skills; a demand for legal and regulatory frameworks; a lack of capital and markets and the issue of collateral availability; a lack of government support, a lack of infrastructure, a gap in understanding business culture; and poor value chain organisation affect female entrepreneurs in the small to medium-scale agricultural sector. These constraints presented a framework of barriers for female entrepreneurs in the small to medium-scale agricultural sector that must be addressed. This conceptual framework can be used towards the empowerment of women as a prerequisite for achieving inclusive growth or for promoting their services from primary to secondary cooperative level within the formal sector of the economy. Iqoqa Lolu cwaningo luhlole izingqinamba izinhlangano zabesifazane ezincane neziphakathi nendawo ngobukhulu emkhakheni wezolimo ePietermaritzburg ezibhekene nazo. Lolu cwaningo lwaluhlose ukuhlola ukuthi zingakanani izingqinamba ababhekene nazo emkhakheni wezolimo osomabhizinisi besifazane abanamapulazi amancane naphakathi nendawo ngobukhulu ePietermaritzburg KwaZulu-Natali, ukuze lwethule uhlaka olucatshangelwe oluzosiza ekubhekaneni nalezo zingqinamba ezihlangabezana nazo izinhlangano zezolimo zabesifazane ePietermaritzburg. Kwasetshenziswa indlela eyikhwalithethivu ukuze kuqondwe kabanzi le ndaba ecwaningwayo. Kulolu cwaningo, umcwaningi ubegxile kubabambiqhaza abangabesifazane emkhakheni wezolimo ePietermaritzburg. Isampula locwaningo bekungolwenhloso. Zingama-20 kuphela izinhlangano zobambiswano zabesifazane kwezingama-306 emkhakheni wezolimo ePietermaritzburg ezibambe iqhaza kulolu cwaningo. Kusetshenziswe izingxoxo ezijulile ezisakuhleleka ukuze kuqoqwe imininingo emayelana nezingqinamba ababhekene nazo osomabhizinisi besifazane emkhakheni wezolimo ePietermaritzburg. Kwakhethwa izinhlangano zobambiswano zabesifazane eziyishumi ezisesigabeni sokuqala kanye neziyishumi ezakhiwa yizinhlangano zabesifazane ezisesigabeni esesithe thuthu ukuba zibambe iqhaza. Kwasetshenziswa ukuhluza ngokwezindikimba ukuhlaziya imininingo. Okutholakale kulolu cwaningo kwembula ukuthi ukuntuleka komhlaba owanele nokhiqizayo ukuze kukhuliswe ibhizinisi; ukuntuleka kwamakhono; izidingo zezinhlaka zezomthetho nezokulawula; ukuntuleka kwezimali nezimakethe okuzodayiswa kuzo nenkinga yokungabi nezibambiso ezingasetshenziselwa ukuboleka; ukuntuleka komxhaso kahulumeni, ukuntuleka kwezingqalasizinda, ukungakuqondi kahle ukuphathwa kwebhizinisi; nendlela yokusebenza kwebhizinisi lezolimo engahleliwe kahle kuba nemiphumela engemihle kosomabhizinisi besifazane abanamabhizinisi amancane naphakathi nendawo ngobukhulu emkhakheni wezolimo. Lezi zithiyo zethula uhlaka lwezingqinamba okumele kubhekwane nazo zosomabhizinisi besifazane bamabhizinisi amancane kuya kwaphakathi nendawo ngobukhulu emkhakheni wezolimo. Lolu hlaka olutuswayo lungasetshenziselwa ukukwenza kube yimfuneko yokuqala ukufukula abesifazane, ukuze kube nokukhula okubandakanya wonke umuntu noma ukuqhakambisa imisebenzi yabo kusukela esigabeni samabhizinisi obambiswano aqalisayo kanye nalawo asethe thuthu ayizinhlangano ezibambisene emkhakheni wezamabhizinisi abhalisiwe.
A critical analysis of the legislative and policy response to protect transgender children in South African schools.
(2023) Govender, Tremelle.; Holness, Willene Audri.
The transgender community’s visibility has seen a global increase in the last few years. South Africa’s Constitution is praised for its progressive nature with the theme of inclusivity and equality echoed through its clauses. As institutions embodying the values of the Constitution, South African schools become pivotal spaces for fostering inclusivity and safeguarding the rights of transgender students. The study delves into the existing legal and policy landscape, evaluating its efficacy in addressing the unique slate of challenges faced by transgender children in schools. The study’s findings reveal strengths and shortcomings in the current legal and policy framework, providing insight into gaps hindering adequate protection. The analysis of South Africa’s legislative framework emphasises a need for a nuanced and comprehensive approach to address the diverse needs of transgender children with consideration for aspects of identity, mental health and social integration. This critical analysis contributes to the broader conversation on inclusivity and equality and highlights the necessity of proactive action to nurture a supportive educational environment for all students.
A critical analysis of the requirements needed for the commencement of business rescue in South Africa.
(2023) Chikuvanyanya, Tafadzwa Munashe.; Subramanien, Darren Cavell.
The ripple effects of COVID 19, the rise of inflation, interest rate hikes, and the negative effects of the Russia-Ukraine war are some of the reasons that have led to the poor performance of global economies. South Africa is no exception to the negative impacts of these global challenges. South Africa, which is still a young democracy, faces unique challenges such as load-shedding. Load-shedding has adversely impacted all businesses that are being forced to operate at a loss because of the additional costs they are incurring to procure alternative electricity sources to keep their businesses operational. Interest rate hikes have also impacted South African businesses to the extent that they have been described as a ‘punch to the gut for businesses already struggling. These challenges bear negative consequences on the South African economy at large because both small and big businesses may be forced to default on their payment obligations due to insolvency. Insolvency usually results in businesses being placed in liquidation, which may result in their ultimate closure and job losses. To avoid this, South Africa, like other countries, has adopted a corporate rescue process as an alternative to liquidation proceedings. This corporate rescue process is commonly referred to as ‘business rescue’, and it is necessary to analyse its requirements to ensure that the maximum potential of this process is realized and that companies benefit more from it
A critical investigation into the reality of decolonising labour law: a South African perspective.
(2023) Mabaso, Fanelesibonge Craig.; Tenza, Mlungisi Ernest.; Whitear-Nel, Nicola Jane.
This study analysed labour law as more than just what the law is, at face value. The study examined labour law as being influenced by socio-political narratives. To better understand these socio-political narratives and their influences on labour law, the study posed much needed questions concerning race, gender and class in relation to labour law. The study noted that all of these socio-political narratives have been ignored social issues, which are collectively at the forefront to understanding decolonisation. The crux of the dissertation was the reality of decolonising labour law in South Africa. The study used the principle of decolonisation as means of addressing the issues faced by workers in the workplace. The study viewed decolonisation as a suitable tool of analysis in that it allowed the study to use the concept of intersectionality. Linking race, class and gender as the primary points of the oppression of employees in South Africa. The study addressed the different terminologies that were at the centre of the thesis, such as Whiteness, Blackness and African. The importance of this is that these terms are often used interchangeably but within the context of the study, they each play a different role in understanding the racial makeup of the South African workplace. The study presented a discussion of labour law advancing access to justice for the working class through the rejection of the civil litigation principle of costs orders following the result. This discussion highlighted the need to not simply burden workers with costs orders that would deter the poor, often black, workers from fighting injustices in the workplace. The study dealt with the omission of domestic workers from the definition of ‘employee’ in COIDA and provided a discussion on the intersectionality of this apartheid-rooted exclusion. The study also addressed the issue of the commodification of workers through a complete disregard of labour brokerage and suggestion that employees be given a right of first preference in share schemes. The study also discussed the appropriate remedy to racism in the workplace. Finally, the study addressed the link between race, class and the right to strike.
A 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.
A qualitative analysis of auditors' responsibility in South African corporate scandals.
(2023) Govender, Kenthran.; Lathleiff, Charmaine.
For time immemorial, the audit profession has faced backlash from the users of the annual financial statements (AFS) for not doing enough. The calls for the auditor to do more come at times when the entities being audited go into liquidation, business rescue or become corporate failures and these entities were audited with no issues being detected and reported to the users in the audit report. This resulted in financial losses to the users of the AFS who made economic decisions based on the AFS that were audited. The response by auditors is often that it is not their job to prevent corporate scandals or to detect fraud. The role of the auditor in contributing to the corporate scandals not being detected and reported was explored in this study. This study employed a qualitative document analysis approach to analyse the contents of documents relating to the performance of the audit on corporate scandals that occurred in South Africa since 2000 and for which information on the performance of the audit was publicly available. A total of three corporate scandals were explored to determine the contribution of the auditor to the corporate scandal not being detected and reported. A self-developed index was used to categorise the findings into the standard of audit work performed to answer the research questions and achieve the research objectives. It was found that in all three corporate scandals that were analysed, an inappropriate audit opinion was issued and therefore, an audit failure existed. Further, it was found that the audit partner was not independent and detected the material misstatements in the AFS but failed to report the misstatements in the audit report in all three instances. This study sought to provide an understanding of the contribution of the auditor to the corporate scandal. This study provided insight to the role of the auditor in not detecting and preventing corporate scandals and specifically where the problem lies. To the best of the author's knowledge, this study was the first study that explored the contribution of the auditor to corporate scandals not being detected and reported. Future research could explore the role of auditors in more corporate scandals as more information becomes available as well as exploring the role of auditors in corporate scandals in other countries.
A study into prospective changes in consumer behaviour and buying patterns of graduate millennials due to COVID 19 in South Africa.
(2021) Lakman, Ushir.; Pelser, Theunis Gert.
The purpose this study is to determine the prospective changes in consumer behaviour and buying patterns of graduate millennials post COVID 19 in South Africa. To this end, a quantitative research project has been undertaken. Primary data was collected via a survey. Several theories were discussed such as consumer behaviour models, the buy decision process and dynamic consumer journey to gain a better understanding of the research that was conducted. Additionally, technology adoption models such as the TRA, TPB, TAM, ETAM and in particular MOCA is discusses as the study is seeking to determine behavioural movement toward online purchasing because of the pandemic. Research was conducted on the pandemic as well as the economy of South Africa as these are important consideration when conducting a study on consumer behaviour. This study seeks to contribute to the existing knowledge on technology adoption and consumer behaviour, particularly to determine whether the switch to online purchases during the pandemic is a permanent development or just as a result of consumers being forced to due to the pandemic. These findings may prove valuable to retailers and developers. It could provide a new lens with which to inform their marketing decision as well as development plans for the future.
A study into prospective changes in consumer behaviour and buying patterns of graduate millennials due to COVID-19 in South Africa.
(2021) Lakman, Ushir.; Pelser, Theunis Gert.
The purpose this study is to determine the prospective changes in consumer behaviour and buying patterns of graduate millennials post COVID 19 in South Africa. To this end, a quantitative research project has been undertaken. Primary data was collected via a survey. Several theories were discussed such as consumer behaviour models, the buy decision process and dynamic consumer journey to gain a better understanding of the research that was conducted. Additionally, technology adoption models such as the TRA, TPB, TAM, ETAM and in particular MOCA is discusses as the study is seeking to determine behavioural movement toward online purchasing because of the pandemic. Research was conducted on the pandemic as well as the economy of South Africa as these are important consideration when conducting a study on consumer behaviour. This study seeks to contribute to the existing knowledge on technology adoption and consumer behaviour, particularly to determine whether the switch to online purchases during the pandemic is a permanent development or just as a result of consumers being forced to due to the pandemic. These findings may prove valuable to retailers and developers. It could provide a new lens with which to inform their marketing decision as well as development plans for the future.
A 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.
A 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.
A sustainability model for agricultural cooperatives in KwaZulu-Natal.
(2023) Buthelezi, Sifiso Wiseman.; Taylor, Simon Michael.; Tefera, Orthodox.
The high attrition and stagnant rate of agricultural cooperatives in the Province of KwaZulu Natal has raised concerns, given that they are recognised globally and in South Africa for their significant role in promoting impoverished communities' social and economic development. This challenge has become a threat to community development by hampering the growth of the agricultural cooperatives. Accordingly, this study aimed to investigate the challenges that hinder the growth of agricultural cooperatives and assess factors that contribute to their growth. The study utilised clustered sampling to ensure the representation of all districts and was conducted in nine districts of KwaZulu-Natal Province. The sample comprised 367 respondents who were members of agricultural cooperatives from 99 cooperatives in the province. Quantitative research was employed using questionnaires, and the data were analysed using SPSS (Version 25.0.). Sustainability models used in the study included pictorial visualization, quantitative, physical, conceptual, standardising, egg of sustainability, and prism models. The literature gap in a sustainability model that considers the combined behaviour of resource management, good governance, sustainability monitoring, market access, and social and economic aspects in agricultural cooperatives has been addressed. The study revealed several factors contributing to agricultural cooperatives' demise, including a lack of good governance, leadership, technical skills, business management expertise, conflict management abilities, cohesion among members, and sustainable farming methods. These deficiencies suggest that the agricultural cooperatives under review could be more sustainable. Therefore, the study recommends adherence to cooperative principles, capacity building of cooperatives in all aspects of business, including environmental training, the appointment of boards to inculcate governance systems, the institutionalisation of social responsibility programs, and redefining the government's relationship with agricultural cooperatives. The study contributes to the body of knowledge by developing a model that enhances the sustainability of agricultural cooperatives in KwaZulu-Natal, thereby increasing their success rate.
A 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.
Abandonment 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 .
ABSA 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.
The 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.
The 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.
Acceptability 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.

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