Browsing by Title
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du Toit, Francois (Juta Law, 2007)[more][less]
Abstract: This contribution focuses on two matters pertinent to the office of trustee. First, the fiduciary nature of the office of trustee is investigated, with particular reference to the essence of a trustee’s fiduciary duty. Secondly, the protection afforded by a trustee’s fiduciary office to trust beneficiaries, particularly contingent beneficiaries, is examined. It is shown that the protection enjoyed by contingent trust beneficiaries is frequently ascribed to their “vested interests in the proper administration of a trust” (which, it is submitted, means that each contingent trust beneficiary enjoys a personal right against the trust’s trustee for proper trust administration as counterpart to such trustee’s fiduciary duty). The question is then posed whether, as some commentators contend, such an interest in or right to proper trust administration allows extending a direct action, through the actio legis Aquiliae, to contingent trust beneficiaries for claiming delictual damages from an errant trustee in breach of trust. URI: http://hdl.handle.net/10566/225 Files in this item: 1
DuToitFiduciaryOffice2007.pdf (430.8Kb) -
McMillan, Wendy (American Association of Dental Schools, 2009)[more][less]
Abstract: There is increasing awareness in the health sciences of the potential of qualitative research to address questions that quantitative research cannot satisfactorily answer. While a growing number of studies in health sciences and health sciences education discuss the value of such research or describe the methodology and data collection processes, few detail how analysis was carried out. Reliability and validity of findings from qualitative research depend on the quality of data management, retrieval, and interpretation or identification of meaning. The robustness of data analysis is therefore an important factor in the rigor of qualitative research. This article uses a study of dental students’ conceptual learning to illustrate strategies that ensure rigor in qualitative analysis. Factors that informed the decisions regarding analysis are discussed in detail. The use of both grounded theory and literature is discussed. The role that deductive and inductive reasoning played in the analysis is outlined. A brief section illustrates the kinds of conclusions that can be made about conceptual learning when qualitative data are rigorously analyzed. Finally, potential shortcomings in the study and alternatives or additional mechanisms for ensuring validity and reliability of analysis are discussed. URI: http://hdl.handle.net/10566/86 Files in this item: 1
McMillan_Qualitative2009.pdf (131.5Kb) -
Benjamin, Anita; Tucker, William D. (Telkom, 2003)[more][less]
Abstract: We have built a hybrid voice/text web–board that utilizes floor control for handling resources such as microphone and interface events. The aim of this research is to determine the most appropriate floor control mechanism for a hybrid communication tool that allows conventional text and audio users to communicate with one another using a common interface. Research on floor control mechanisms provides many implementations for arbitration that are application-specific. Myers proposes a categorical explanation of the most widely used mechanisms for providing floor control and discusses these different dimensions with respect to a project called Pebbles. We have chosen to model our arbitration policies along these categories. The application will be implemented as a Java applet and gives users a view of both the text and audio aspects of the exchange. To facilitate the multi-modality of the system we will provide media conversion, using the Nuance system’s Java API. Our hypothesis is that well–known multi-tasking arbitration protocols such as FCFS, Round Robin, Token – based, and many more can be adapted to create a conferencing floor control policy for the interface of a hybrid communication environment so as to facilitate free–flowing multi-modal conversation. Measurements to determine which floor control implementation provides the best arbitration in terms of user interaction with the system will be calculated using RPT, ORT and usage tests based on the Kirkpatrick Model. We hope to show that users benefit more from an implicit arbitration mechanism than they do from an explicit one. URI: http://hdl.handle.net/10566/538 Files in this item: 1
BenjaminTuckerHybridVoice2003.pdf (123.3Kb) -
Nasson, Bill (Stellenbosch University) (Published by History Department, University of the Western Cape, 2009)[more][less]
Abstract: This article, an expanded version of a 2008 public lecture, explores the life and times of Adolph Gysbert ʻSailorʼ Malan, a South African who rose to prominence as a combatant in the 1940 Battle of Britain and who, after his post-war return to the Union, became a notable personality in liberal reform politics. A classic Anglo-Afrikaner empire loyalist or ʻKingʼs Afrikanerʼ, Malan became ʻSailorʼ through his interwar merchant marine service, joining the Royal Air Force in the later 1930s. An exceptional fighter pilot, his wartime role as an RAF ace in defending Britain turned him into a national hero, a migrating loyal Springbok who had sprung selflessly to the defence of Great Britain. Subsequently, as an ex-serviceman, Malan drew on his wartime sensibilities and beliefs to return to political battle in his home country, in opposition to post-1948 Afrikaner nationalism and its apartheid policies. The mini-biography of Sailor Malan analyses several key life-story elements, including his seafaring apprenticeship, British wartime identity and combat experience, and troubled relationship with post- 1945 South Africa as a gradualist liberal. URI: http://hdl.handle.net/10566/101 Files in this item: 1
NassonSailor2009.pdf (3.678Mb) -
Conradie, Ernst (Stellenbosch University, 2008)[more][less]
Abstract: This essay reconstructs the way in which Douglas John Hall tells the story of God's work. The argument of this essay is that Hall's entire theology could be described as an exposition of the famous formula in John 3:16, "for God so loved the world". His emphasis on a theology of the cross is explored with reference to the doctrines of creation, humanity, providence, redemption, the church and the eschatological consummation. It is argued that Hall's strength (his Christological focus on a theology of the cross) is also his weakness, given his underdeveloped pneumatology. It would therefore be important to further investigate Hall's understanding of the filioque problem. URI: http://hdl.handle.net/10566/513 Files in this item: 1
ConradieDouglasJohnHall2008.pdf (146.5Kb) -
Hall, Ruth (PLAAS, University of the Western Cape, 2009)[more][less]
Abstract: The new cabinet ushered in after the 2009 national elections features new and renamed ministries. Those expected to take the lead in a new initiative to resuscitate the rural economy are the Ministry of Rural Development and Land Reform and the Ministry of Agriculture, Forestry and Fisheries. While the newfound priority placed on rural development is welcome, its separation from the dynamic subsectors in the rural economy is not. This brief shows how existing policies are bifurcated between BEE models for the better off and welfare for the poor. There is now a danger that the two ministries will replicate the dualism of the so-called ‘first’ and ‘second’ economies – an approach that deepens exclusion from and legitimises exploitation in the economic core, and prevents the creation of a ‘missing middle’ of successful small producers. What is needed instead is rural development that restructures the commercial sectors of agriculture, forestry and fisheries, and the exploitative class relations (with workers and small producers) on which they are based, and which breaks down the concentration of capital and market power in few hands. Only then can redistributing land, forests and fishing quotas create new pathways for ‘the rural poor’ to participate, and produce, in these sectors in ways that create livelihoods and jobs, and set South Africa on a different and more appropriate growth path. URI: http://hdl.handle.net/10566/69 Files in this item: 1
Hall_Fresh2009.pdf (351.8Kb) -
Charman, Andrew; Petersen, Leif; Piper, Laurence (University of KwaZulu-Natal, 2012)[more][less]
Abstract: Small, home-based grocery stores, known as spaza shops, are ubiquitous throughout the township areas of urban South Africa, constituting an important business in the informal economy. In recent years, this retail market has become a site of fierce competition between South African shopkeepers and foreign entrepreneurs, especially Somalis, and is often cited in the media as one reason behind the xenophobic attacks on foreigners. Drawing on original data collected in the Delft township in the city of Cape Town, this paper demonstrates that foreign entrepreneurs, overwhelmingly Somalis, have come to own around half of the sizeable spaza market in Delft in the last five years. This increase is attributable to larger scale and price competitive behaviour as these entrepreneurs operate collectively in terms of buying shops, and stock, as well as in stock distribution. Also important are some more customer friendly services too. Compared to the more 'survivalist' local business model where individual owners look to supplement existing household income rather than generate an entire livelihood, the Somali business model has rapidly outcompeted local owners, bringing spaza prices down and forcing many locals to rent out their shop space to foreign shopkeepers. Consequently, while South African shopkeepers resent the Somali influx, most consumers appreciate the better prices and improved service. The rise of Somali shopkeepers thus represents a transformation of business practice in the spaza sector from survivalist to entrepreneurial modes URI: http://hdl.handle.net/10566/517 Files in this item: 1
CharmanSpazaDelft2012.pdf (3.113Mb) -
Thompson, Lisa; Conradie, Ina (Unisa Press, 2011)[more][less]
Abstract: This article examines how women organise themselves in community structures to claim socio-economic rights through participation. The discussion is based on case study research undertaken in Khayelitsha, Site C, where women involved in incomegenerating projects (IGPs) have also been involved in a dual strategy of trying to improve their living conditions through active engagement. The article looks at the intermediary institutions, the South African national Civics Association (SANCO) and the Khayelitsha Development Forum (KDF) which mediate the participatory spaces for engagement created by local government, and how these organisations serve ordinary men and women from the townships in terms of helping them to attain a better quality of life. URI: http://hdl.handle.net/10566/575 Files in this item: 1
ThompsonWomenParticipation2011.pdf (1.631Mb) -
Piper, Laurence (Berghahn Journals, 2010)[more][less]
Abstract: In recent times South African politics has come to exhibit features typical of many post-colonial contexts, not least the rise of acrimonious and confrontational politics based around personalities and forms of populism. In such contexts rational dialogue and democratic deliberation become increasingly difficult to get going and to sustain. Drawing on Richard Turner’s The Eye of the Needle, first published some forty years ago, the paper examines the role religion, and religious organisations, could play in returning such acrimonious public debate to more democratic and visionary grounds. The key point is that religion offers a form of transcendence from the divisive and bitter particularities that animate contemporary political conflicts. It does this through the spiritual affirmation of our shared human worth due to the love of God(s). From this recognition, achieved through spiritual appeals, the conditions for more rational and democratic debate can be retrieved. In addition, religious transcendence redeems the value of utopian thinking, and thus could help re-orientate public debate from a politics of blame for past wrongs to a politics of imagining of future rights. URI: http://hdl.handle.net/10566/582 Files in this item: 1
PiperSouthAfricanPolitics2010.pdf (207.2Kb) -
Kapindu, Redson (Community Law Centre, University of the Western Cape, 2009)[more][less]
Abstract: This research report demonstrates that international human rights law played a quintessential role in the drafting of the Constitution of South Africa, 1996, particularly the Bill of Rights, and that this was more so with regard to socio-economic rights where the provisions of the International Covenant on Economic, Social and Cultural Rights (ICESCR) highly influenced the guarantees of these rights under the Constitution, both in terms of language and content. The role of international human rights law has been even more pronounced in the South African socio-economic rights jurisprudence that has developed since 1994. Courts have referred to and applied international human rights law norms directly. This paper argues, however, that there are some areas where courts have fallen short in their appreciation and/or application of international human rights law. URI: http://hdl.handle.net/10566/232 Files in this item: 1
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Piper, Laurence (SUN Press, 2012)[more][less]
Abstract: This chapter argues that local government elections offer a unique opportunity in South Africa’s political system for voters to practice forms of democracy that are more local, plural and accountable in character than at provincial or national level. A key reason for this is the mixed electoral system where half of all councillors are directly elected from the wards in which they live. The 2011 election supplied significant evidence of voters attempting to make use of this opportunity, particularly around the candidate selection process of the major parties, and through the accountability talk that dominated public debate. However, analysis of both ‘supply’ (party behaviour) and ‘demand’ (voter choice) suggests that this democratic potential was outweighed by bipartisan politics between the ANC and DA which affirmed the national over the local, a choice between two parties over many, and reinforced identity-based political loyalties over the direct accountability of politicians. In short, the 2011 elections were rendered a proxy for a national competition, frustrating much of the unique democratic potential that local government elections offer, effectively taking local politics further from the people. The proposal to hold national, provincial and local elections simultaneously in the future will further impede the democratic potential of the local electoral system. URI: http://hdl.handle.net/10566/549 Files in this item: 1
PiperElectoralSystem2012.pdf (150.9Kb) -
McMillan, Wendy; Laloo, R.; Gugushe, T.S.; Ligthelm, A.J.; Evans, W.G.; Moola, Mohamad H. (South African Dental Association, 2005)[more][less]
Abstract: This paper, written at the close of a decade of democracy in South Africa, sets out to analyse the demographic profile of dental graduates from 1985-2004 at the five Faculties/Schools of Dentistry in South Africa. A comparison of the profiles for the pre-democracy (1985-1994) and post-apartheid (1995-2004) periods has been made. The demographic profile of first year dental students from 2000-2005 is also presented. From 1985-1994, most dental graduates were male (79%), but this changed substantially from 1995-2004, with females comprising 46% of those graduating. In the pre-democracy period, more than three-quarters of all graduates were White (78%), decreasing to 46% in the post-apartheid period under review. Black graduates increased from 6% to 24% across the two study periods. Amongst the first year dental student intake from 2000- 2005, females comprised 57%. There was an almost equal distribution across the White, Black and Asian groups. Dental faculties/schools have made important strides in transforming the demographic profile of their students. The percentage of Black graduates, however, needs to be significantly increased if it is to reflect the national population. Faculties/schools must further ensure that able students from working class background are identified and considered for acceptance into the undergraduate dental programme, and should then be offered the necessary academic and mentoring support to enable success. URI: http://hdl.handle.net/10566/56 Files in this item: 1
McMillan_distribution(2005).pdf (143.8Kb) -
Schneider, Helen; Govender, Veloshnee; Harris, Bronwyn; Cleary, Susan; Moshabela, Mosa; Birch, Stephen (Blackwell Publishing Ltd, 2012)[more][less]
Abstract: Objectives: A mixed methods study exploring gender differences in patient profiles and experiences of ART services, along the access dimensions of availability, affordability and acceptability, in two rural and two urban areas of South Africa. methods Structured exit interviews (n = 1266) combined with in-depth interviews (n = 20) of women and men enrolled in ART care. results Men attending ART services were more likely to be employed (29% vs. 20%, P = 0.001) and were twice as likely to be married ⁄ co-habiting as women (42% vs. 22% P = 0.001). Men had known their HIV status for a shorter time (mean 32 vs. 36 months, P = 0.021) and were also less likely to disclose their status to non-family members (17% vs. 26%, P = 0.001). From both forms of data collection, a key finding was the role of female partners in providing social support and facilitating use of services by men. The converse was true for women who relied more on extended families and friends than on partners for support. Young, unmarried and unemployed men faced the greatest social isolation and difficulty. There were no major gender differences in the health system (supply side) dimensions of access. conclusions Gender differences in experiences of HIV services relate more to social than health system factors. However, the health system could be more responsive by designing services in ways that enable earlier and easier use by men. URI: http://hdl.handle.net/10566/474 Files in this item: 1
SchneiderART-Services2012.pdf (66.55Kb) -
Manjengwa, Jeanette; Mazhawidza, Phides (PLAAS, University of the Western Cape, 2009)[more][less]
Abstract: A bolder policy approach and more vigorous implementation are needed to support women’s empowerment, transfer of land rights to women, and to ensure their productive utilisation of land. The land reform programme focussed on racial imbalances of highly skewed land holdings and discriminatory land tenure systems while failing to mainstream the interests of women. URI: http://hdl.handle.net/10566/87 Files in this item: 1
Manjengwa_Gender2009.pdf (348.8Kb) -
De Ville, Jacques (Springer, 2010)[more][less]
Abstract: In this essay the relation between justice and the gift in Derrida’s thinking is explored. The essay shows that an understanding of the ontological difference or the relation between Being and beings in Heidegger’s thinking as well as Freud’s speculations on the death drive are essential to comprehend the ‘concept’ or ‘notion’ of différance as well as the gift in Derrida’s thinking. The analysis points to the complexity of Derrida’s thinking in his contemplation of the relation between justice and law and the need for a broader investigation to understand what is at stake in this regard. An exploration of the gift shows that Derrida’s thinking on justice is not ‘relativistic’ as is often assumed and that the gift can in a certain way function as a ‘guide’ in questions of constitutional interpretation. URI: http://hdl.handle.net/10566/411 Files in this item: 1
DeVilleGivenTime2010.pdf (323.4Kb) -
Zarowsky, Christina (BioMed Central, 2011)[more][less]
Abstract: The papers in this important collection reflect a mature and confident way of doing global health research which is anything but business-as-usual. In the context of increasing competition for individual or institutional “leadership” of the field (and business) of gobal health, these contributors instead speak of active and sustained collaboration -- listening, responsiveness, flexibility, willingness and capacity to follow as well as to lead -- in learning what to transform or sustain, and how, in order to move towards greater equity in both health and health research. Each paper and the collection as a whole is an important contribution to the evidence base for a range of issues from maternal health, HIV and access to services, to chronic disease, health system strengthening, occupational health, ecosystemic approaches to health, and social inclusion, exclusion, and neglect. In addition, they challenge conventional models of research focused on narrowly defined research questions and a narrow range of pre-specified research methods, documenting instead how both the research questions and the methods most appropriate to address them change over time. Finally, they challenge both the idea of “pure” science undertaken by independent researchers on behalf of science and specific communities, and the conventional wisdom that North-South and research-research user-community partnerships are necessarily either North and researcher-driven, or scientifically dubious. URI: http://hdl.handle.net/10566/460 Files in this item: 1
ZarowskyGlobalHealthPartnership2011.pdf (155.1Kb) -
London, Leslie; Schneider, Helen (Elsevier Ltd, 2012)[more][less]
Abstract: While neoliberal globalisation is associated with increasing inequalities, global integration has simultaneously strengthened the dissemination of human rights discourse across the world. This paper explores the seeming contradiction that globalisation is conceived as disempowering nations states' ability to act in their population's interests, yet implementation of human rights obligations requires effective states to deliver socio-economic entitlements, such as health. Central to the actions required of the state to build a health system based on a human rights approach is the notion of accountability. Two case studies are used to explore the constraints on states meeting their human rights obligations regarding health, the first drawing on data from interviews with parliamentarians responsible for health in East and Southern Africa, and the second reflecting on the response to the HIV/AIDS epidemic in South Africa. The case studies illustrate the importance of a human rights paradigm in strengthening parliamentary oversight over the executive in ways that prioritise pro-poor protections and in increasing leverage for resources for the health sector within parliamentary processes. Further, a rights framework creates the space for civil society action to engage with the legislature to hold public officials accountable and confirms the importance of rights as enabling civil society mobilization, reinforcing community agency to advance health rights for poor communities. In this context, critical assessment of state incapacity to meet claims to health rights raises questions as to the diffusion of accountability rife under modern international aid systems. Such diffusion of accountability opens the door to 'cunning' states to deflect rights claims of their populations. We argue that human rights, as both a normative framework for legal challenges and as a means to create room for active civil society engagement provide a means to contest both the real and the purported constraints imposed by globalisation. URI: http://hdl.handle.net/10566/475 Files in this item: 1
LondonGlobalInequalities2012.pdf (178.5Kb) -
Combrinck, Helene; Wakefield, Lorenzo (Institute for Security Studies, 2010)[more][less]
Abstract: As anticipated by the drafters of the Domestic Violence Act (DVA), the South African Police Service holds the key to the successful implementation of the Act. Over the past ten years, researchers and independent bodies tasked with monitoring the implementation of this legislation have consistently called for more training for police officials on how to deal with domestic violence. However, the reality is that police officials already receive such training. The question that therefore arises is why these training programmes appear to be ineffective in ensuring compliance with the DVA. A recently completed research and advocacy project found that although the majority of SAPS members interviewed had a basic understanding of the DVA and its key concepts, their ability to apply its provisions in practical problemsolving scenarios was often limited, leading to the recommendation that training methodologies should be more practice-oriented if they are to improve DVA compliance. URI: http://hdl.handle.net/10566/576 Files in this item: 1
CombrinckDomesticViolence2010.pdf (1.122Mb) -
Tucker, William D.; Keats, Derek (Telkom, 1998)[more][less]
Abstract: Grafting an ATM network onto an existing Ethernet network is a non-trivial exercise in network configuration. The process of mating ATM technology to an Ethernet network without tampering the underlying backbone and network configuration gives rise to a variety of networking issues including addressing, compatibility, security, efficiency, administrative effort, and scalability. Examples of actual situations serve to illustrate these issues. We have designed several scenarios to tackle the topological problems of an ATM graft. A dual IP approach works but suffers from a lack of scalability. We expect an edge routing solution, with subnetting, will be the most elegant and scalable. URI: http://hdl.handle.net/10566/448 Files in this item: 1
TuckerKeatsATM1998.pdf (612.2Kb) -
Lalu, Premesh (Blackwell Publishing, 2000)[more][less]
Abstract: This article focuses on colonial accounts of the killing of the Xhosa chief, Hintsa, in 1835 at the hands of British forces along what came to be known as the Eastern Cape frontier. It explores the evidentiary procedures and protocols through which the event came to be narrated in colonial frames of intelligibility. In proposing a strategy for reading the colo¬nial archive, the paper strategically interrupts the flow from an apartheid historiography to what is commonly referred to as "alternative history." The aim in effecting this interrup¬tion is to call attention to the enabling possibilities of critical history. This is achieved not by way of declaration but rather through a practice whereby the foundational category of evidence is problematized. The paper alludes to the limits of alternative history and its approaches to evidence on the one hand, and the conditions of complicity within which evidence is produced on the other. Whereas alternative history identifies its task as one of re-writing South African history, critical history, it is suggested, offers the opportunity to reconstitute the field of history by addressing the sites of its production and also its prac¬tices. In exploring the production of the colonial record on the killing of Hintsa, the paper seeks to complicate alternative history's slippage in and out of the evidentiary rules estab¬lished by colonial domination even as it constitutes the category of evidence as an object for a politics of history of the present. URI: http://www.jstor.org/stable/2678049 Files in this item: 1
Lalu_Grammar2000.pdf (707.6Kb)