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SDG 1

"Unlearning" construction types transferred from the L1: Evidence from adult L1 Afrikaans L2 French
03 August 2012
Stellenbosch University

Conradie, Simone

Two construction types that are allowed in Afrikaans but not in French are transitive expletive constructions and full-NP object shift constructions. The study reported here tested whether Afrikaansspeaking advanced adult learners had knowledge of the ungrammaticality of these two construction types in the target L2 French, given that they had not been instructed about this ungrammaticality. The results of this study show that a large number of the L2 learners had indeed acquired knowledge of this ungrammaticality, despite the absence of (explicit) negative evidence to this effect, raising the question of which types of input or evidence learners make use of in L2 acquisition.
Who "owns" the country's mineral resources? The possible incorporation of the public trust doctrine through the Mineral and Petroleum Resources Development Act.
26 August 2009
North West University

Van der Schyff, Elmarie

"Mineral and petroleum resources are the common heritage of all the people of South Africa and the state is the custodian thereof for the benefit of all South Africans."' This section can be regarded as one of the most controversial legislative clauses promulgated during the last five years. The reader is confronted with phrases and ideas foreign to the common law background of South African law. Until the courts have interpreted this section, lawyers will speculate about its true meaning. Two contradicting opinions have been voiced regarding the interpretation and implication of this section. For the aim of this article, it is important to refer cursorily to these viewpoints. According to Badenhorst and Mostert' the legislature borrowed from the law of the sea in formulating section 3(1). Applied to the law of property, this entails that section 3(1) vests mineral resources in the people of South Africa and these resources, therefore, became res publicae. Dale et al3 strongly object to this viewpoint. They hold that minerals were never regarded as res publicae in Roman law4 and argue that the act never changed the common law principle that unsevered minerals belong to the owners of the land in which the minerals are located. According to them section 3(1) did "nothing more" than to obliterate the legal institution of the rights of an owner to deal with and exploit his minerals.5 They motivate their viewpoint by arguing that the reference to "mineral and petroleum resources" is a broad reference to all the minerals and petroleum occurrences countrywide. It is this collective wealth, as opposed to minerals in situ on individual properties, that "belongs" to the nation. They hold further that no provision of the act vests minerals in situ on individual properties in anyone other than the owner of the land and therefore argue that the provisions of the act do not warrant an interpretation that the cuius est solum principle is abrogated. To strengthen their argument they hold that ownership cannot legally vest in the nation as the nation has no legal personality enabling it to acquire or hold ownership and that the formulation of custodianship does not fit a private law interpretation that ownership of minerals in situ vests in the state. Van der Walt' adds another dimension to the debate by stating that there is room to argue that the existing private-property dominated mineral dispensation was replaced with a public-property regulatory dispensation, thereby removing rights to minerals from the sphere of private property. This article advances the view that section 3(1) can be interpreted to indicate that the public trust doctrine has been incorporated into the South African mineral law dispensation, and that ownership of the country's mineral resources consequently vests in the state. The article is structured to set the scene for this controversial interpretation and then to provide a brief overview of the doctrine. In the final instance the consequences of accepting the public trust doctrine in South African mineral law are discussed.
The inclusivity of communal land tenure: a redefinition of ownership in Canada and South Africa?
01 September 2009
North West University

Pienaar, Gerrit

The nature of land tenure rights is defined in many different ways in different jurisdictions. One of the basic differences lies in the extent of exclusivity or inclusivity of land tenure, or what is called a "discourse of exclusion". Another lies in the distinction between the "idea of property", premised by individualism, and the "institution of property", preoccupied with compromise, relationality and the tension between individual and community. The purpose of this article is to compare the inclusivity or exclusivity of property in South Africa, where the law is predominantly civilian in nature, with Canada, a predominantly common law jurisdiction. In both jurisdictions communal land tenure has been incorporated in their property systems of predominantly civil law and common law respectively. Canada was chosen for this comparison because of the remarkable similarity that, in both jurisdictions, it required three different decisions by three different courts before the matter was finally settled, namely the Delgamuukw decisions in Canada and the Richtersveld cases in South Africa.
An alternative interpretation of tense and aspect in Black South African English
02 September 2009
North West University

Van Rooy, Albertus Jacobus

Terminology for identifying and describing what counts as a linguistic feature is identified as a problem that prevents an understanding of tense and aspect features in Black South African English (BSAE). In this paper, an alternative set of assumptions is proposed for linguistic analysis of new varieites. Grammar should not be regarded as aprioristic, but rather as emergent. The syntagmatic structure of language in context is highlighted as a more useful starting point for the identification of regularities in the description of a variety such as BSAE. After indicating a number of quantitative trends, a detailed qualitative analysis of three texts is undertaken. The analysis leads to the identification of a number of previously unidentified patterns. The timeless use of the present tense creates idealised and generalised verbal processes, rather than historically and/or contextually situated presentations of events. Aspectual meanings are more salient than temporal sequencing of events relative to one another or to the reference point established by the time of writing, speaking or reading. Spatial grounding in the nominal groups seems more important to the writers/speakers than temporal grounding in the verbal group. The observed patterns show that the use of tense and aspect forms, supported by various lexical selections in the texts, is highly consistent and shows regularity, despite the fact that the data may differ from a Standard English rendition of the same content. The paper concludes that it is misleading to judge the data in terms of other varieties of English, rather than in their own terms.
Nuwe wyn in ou sakke? Hoe die morele grondslag van volhoubare ontwikkeling geskuif het : research article
21 May 2010
North West University

Du Pisani, Jacobus Adriaan

This article traces the shift in the moral arguments in the sustainable development discourse, which occurred between 1972 and 2002. In the early 1970s ecological considerations were dominant and the zero-growth option had strong support. By the end of the 1980s the influential report of the Brundtland Commission recommended that the balance between the ecological, economic and social aspects of sustainable development ought to be maintained. From the 1990s there was a shift to poverty alleviation as the main focus of the sustainable development discourse. Representatives of the developing countries started making valuable contributions to the evolution of the concept of sustainable development and succeeded in merging the sustainable development discourse into the wider North-South debates. A decrease in wealth rather than a decrease in poverty would be the correct approach to the achievement of sustainable development. However, such a radical change of course would only be possible once considerable progress has been made towards redressing the imbalances in the current global dispensation.
The phenomenology of experiencing poverty – an exploration
07 January 2011
North West University

Van der Merwe, Karen

There is a plethora of research on poverty. Definitions of poverty are provided from various perspectives, reasons and causes for poverty are analysed, and descriptions are provided of the impact of poverty on adults and children. This article, however, tries to provide a unique view on the phenomenon of poverty: The focus is on a specific class of poor people, namely newly-impoverished people. It also provides a description and analysis of the very personal, subjective experience of poverty by this group of Afrikaans-speaking people. Various character strengths that may provide a sound foundation for psychosocial intervention programmes to re-launch newly impoverished people into economic independence are identified
The Gowe Irrigation co-operative society and its role in Sanyati (Zimbabwe), 1967-1969
11 January 2011
North West University

Nyandoro, M

The paper focuses on the origins and development of agricultural co-operative societies in Zimbabwe since 1954 with particular reference to Gowe-Sanyati and evaluates their role in facilitating the channelling of production inputs to farmers and the marketing of their produce. It examines the criteria for eligibility to membership of such associations, namely who could belong and who could not, as well as their administrative structures and practices. In addition, the paper evaluates the societies’ impact on their members, on African development and on the national economy. In 1954 the Government of Rhodesia (now Zimbabwe) began investigations on the need for co-operative societies (co-ops) in order to promote African development through facilitating the acquisition of production inputs and the marketing of agricultural products. In 1956, the first co-operative society was established, while the main focus of this paper’s interest, the Gowe Irrigation Co-operative Society of Sanyati in the northwestern part of the country, was established in 1967. Established by a government agency known as the Tribal Trust Land Development Corporation (TILCOR), now the Agricultural and Rural Development Authority (ARDA), the co-operative society flourished and became a model for the distribution of agricultural inputs and credit to African farmers. It collapsed in 1969 due to a number of factors, among them poor management and corruption.
To sequestrate or not to sequestrate in view of the National Credit Act 34 of 2005: A tale of two judgements
30 March 2011
North West University

Boraine, Andre;Van Heerden, Corlia

The purpose of this article is to consider the impact of some of the provisions of the National Credit Act1 (the NCA) on sequestration applications in the form of applications for voluntary surrender, as well as compulsory sequestration. This matter is of particular relevance in view of two recent cases: in Ex parte Ford2 the court refused to grant a sequestration order following an application for voluntary surrender since the applicant-debtors did not, according to the court, avail themselves adequately of debt relief measures provided for by the NCA where the bulk of the debt consisted of credit agreements regulated by the NCA; and in a more recent judgment, Investec Bank Ltd v Mutemeri,3 the respondent-debtors, namely the consumers, opposed an application for compulsory sequestration on the basis that the application for debt restructuring pursuant to debt review in terms of the NCA barred the applicant from proceeding with the application for compulsory sequestration, since they argued that such an application amounted to debt enforcement. This discussion therefore considers the impact of the debt relief remedies and certain special provisions that apply to debt enforcement in terms of the NCA on sequestration procedures provided for in the Insolvency Act4 in view of the above judgments.
The impact of HIV/AIDS regarding informal social security: Issues and perspectives from a South African context
31 March 2011
North West University

Tshoose, Clarence Itumeleng

The purpose of the article is to examine the right to social assistance for households living with HIV/AIDS in South Africa. In particular, the article focuses on the impact of this pandemic on households' access to social assistance benefits in the wake of the HIV/AIDS pandemic, which has wrought untold sorrow and suffering to the overwhelming majority of households in South Africa. The article analyses the consequences of HIV/AIDS in relation to households' support systems, care and dependency burdens, and the extent to which the household members either acknowledge the illness (enabling them to better engage with treatment options) or alternatively, deny its existence. The article commences by reviewing the literature concerning the effects and social impact of HIV/AIDS on the livelihoods of households and their families. The social reciprocity that underpins households' livelihoods is briefly recapitulated. The article concludes that, while recent policy developments are to be welcomed, the current South African legal system of social security does not provide adequate cover for both people living with HIV/AIDS and their families. More remains to be done in order to provide a more comprehensive social security system for the excluded and marginalised people who are living with HIV/AIDS and their families.
Property rights and traditional knowledge
31 March 2011
North West University

Cross, John T

For the past several decades, there has been a push to provide some sort of right akin to an intellectual property right in traditional knowledge and traditional cultural expression. This push has encountered staunch resistance from a number of different quarters. Many of the objections are practical. However, underlying these practical concerns is a core philosophical concern. A system of traditional knowledge rights, this argument suggests, simply does not satisfy the basic rationale for granting property rights in intangibles like inventions and expressive works. Intellectual property is meant to encourage innovation and creative activity. Most traditional knowledge, by contrast, is not innovative, at least in the same sense as the inventions and works that qualify for patents and copyrights. At present, the "anti-property" camp seems to have the better of the argument, as even the World Intellectual Property Organisation has abandoned the notion of true property rights. This article seeks to refute this philosophical objection to a property model for traditional knowledge. It argues that the classic philosophical argument justifying intellectual "property" namely, that property rights are justified only as a way to spur innovation and other creative activity is incorrect in two ways. First, the argument misstates the main goal of an intellectual property system. While intellectual property may serve as an incentive for innovation, society's primary concern is not the innovation per se, but instead the dissemination of knowledge. Second, there may be policy reasons other than the development of knowledge that can justify intellectual property-like rights. The article then applies these observations to the particular question of traditional knowledge and cultural expression. It demonstrates that a system of property rights could be useful in helping to encourage the dissemination of traditional knowledge, even if that knowledge is not "new" in the classic sense. Second, other important social concerns, especially the goal of ensuring accuracy in knowledge, may justify a system of property rights. While these arguments may not ultimately support a property rights system—after all, the practical concerns remain very real—they do help to refute the underlying philosophical objection.
Towards a clearer definition and understanding of "indigenous community" for the purposes of the Intellectual Property Law Amandment Bill 2010: An eploration of the concepts "indigenous" and "traditional"
01 April 2011
North West University

Geyer, Sunelle

Although "indigenous" and "traditional" are key concepts in the Intellectual Property Laws Amendment Bill of 2010, they are not defined therein. The Bill does, however, provide a definition of "indigenous community" that is very clear as to where one should look for indigenous communities for the purposes of this Bill, and that there is likely to be a plurality of such communities, but is very vague as to which groups exactly will qualify as being indigenous. It is uncertain whether or not the current vague wording of the definition would be strong enough to widen the much narrower understanding of indigenousness prevailing in other South African legislation, the legislation of selected other jurisdictions, and the United Nations. Recommendations are made as to how the definition of an "indigenous community" may be rephrased to address these uncertainties more clearly.
The Dutch crisis and Recovery Act: Economic recovery and legal crisis?
01 April 2011
North West University

Verschuuren, Jonathan

In the Netherlands, the 2010 Crisis and Recovery Act aims at speeding up decisionmaking on a wide variety of activities, hoping that after the financial and economic crisis has passed, development projects can immediately be carried out without any delay caused by legal procedures in court or elsewhere. The Act meets great criticism for many reasons: it allegedly curtails citizen's procedural rights because it focuses almost exclusively on environmental standards as "obstructing" standards that need to be removed, and it infringes international and European Union law. In this note, the legal critique on the Act is analysed. The conclusion is that the sense of urgency surrounding the design of legal measures to address the economic crisis enables the legislature to implement innovations and long-time pending amendments to existing legislation. Most issues have however not been fully or properly considered. Many legal questions will arise when implementing the Act, which will retard rather than expedite projects. It is difficult to predict whether the positive effects of the Crisis and Recovery Act would outweigh the negative aspects. Much depends on the manner in which the authorities will actually apply the Act. Should they implement the Act to its full potential, the effect of the Act in sum will be negative. In that case, the Act may help the economy to recover, but it will bring about a crisis in the legal system. It will, in all probability, also not contribute to sustainable development.
The impact of Zimbabwean liberation struggle on Botswana: the case of Lesoma ambush, 1978.
19 January 2012
North West University

Magkala, C John;Fisher, Matshwenego L

Polelo e e lebegane le kganyaolo e e diragetseng ka kgwedi ya Tlhakole a le 27 ka ngwaga wa 1978 ele tlhaselo e e maatla thata go diragalela sesole sa Botswana Defence Force (BDF) se e neng ele gone se tlhamiwang. Tlhaselo e ne e dirwa ke sesole sa bo ntwa dumela se se kgethegileng sa difofane sa lefatshe la Rhodesia ka nako ya ntwa ya kgololesego ko Zimbabwe. Polelo e simolola ka go kanoka mekwalo e e se tseng e dirilwe le go lebelela merero ya tsa mafatse a sele mo lefatsheng la Botswana, ga mmogo le bokgoni ba sesole mo Botswana ka dingwaga tsa bo 1970. Polelo gape e itebaganya le seemo sa itshireletso ko molelwaneng wa Botswana le Rhodesia. Go tshabela mo Botswana ga batshabi ba Rhodesia le gone go a sekwa sekwa. Gape go buiwa ka go tlhamiwa le tiriso ya BDF ka tshoganetso ele go fokotsa manokonko a ditlheselo ko molelwaneng. Tlhaselo le kganyaolo ya masole a Botswana kwa motseng wa Lesoma le kgalo ya tirigalo e mo Botswana le mafatshe a bodichabachaba go a lebalejwa. Gape re bontsha gore tlhaselo e ene ya supa kemonokeng e ko godimo ya Batswana le bagwebi ka go ntsha dithuso go thusa ba ba neng ba amilwe ke tlhaselo ko Lesoma.
An historical overview of problems associated with the formalization of the South African minibus taxi industry.
19 January 2012
North West University

Ingle, Mark

• Opsomming: Die minibus taxi bedryf in Suid-Afrika is ’n belangrike afdeling van die vervoerstelsel, en daarom is dit ’n beduidende faktor in die nasionale ekonomie. Sedert die middel tagtiger jare het hierdie bedryf binne ‘n eie stel reëls en regulasies ontwikkel, in dié mate dat dit betrokke geraak het by wetteloosheid. Verskeie gewelddadige ‘taxi oorloë’ het al plaasgevind. In baie dele van die land is daar min alternatiewe openbare vervoerstelsels. Daarom het die eienaars wat die bedryf beheer, die gesamentlike mag ontwikkel om die regering se pogings om kontrole uit te oefen, te ontduik. Baie regeringsamptenare blyk betrokke te wees by taxi-sindikate. Die regering se taxi herkapitaliseringsprogram het ten doel om die swak beeld en veiligheidsrekord van die taxi-bedryf te verbeter, en om opnuut die mag af van die regering te druk op die toekenning van hulpbronne in die sektor. Hierdie inisiatief mag heel moontlik op ’n mislukking afstuur. ’n Meer pragmatiese oplossing sou kon wees om die bedryf te dereguleer, in samehang met effektiewe polisiëring, sodat die mag van die beherende partye in die bedryf aan bande gelê kan word.
Historical relevance?: ten sketches of women illegally enslaved at the Cape, 1823 to 1830.
20 January 2012
North West University

Rugarli, Anna Maria;Shell, Robert C H

Die artikel handel oor die verhale van slawevroue wat deel was van die slawehandelsproses teen die einde van die 18e eeu. Hulle is na die Kaap de Goede Hoop gebring as vry slawe of - soos hul eienaars gemeen het - as “geskenke”. Hierdie mini biografieë vertel die verhale van vroue wie se lot was dié van vervreemding van hul geboorteland, en slawerny in ‘n nuwe vreemde land. Slawevroue het protesteer en hul situasie by die owerhede aangemeld om sodoende hul vryheid terug te win toe dit moontlik was in die 1820s. Persoonlike getuienisse is beskikbaar van sulke vroue soos opgeteken in die Boek van Klagtes deur die Guardian of Slaves gedurende die opskudding van die 1820s. In die artikel word hierdie getuienisse kortliks bespreek, waarop elk se historiese relevansie vervolgens bepaal word.
Afrikaner responses to post-apartheid South Africa: diaspora and the re-negotiation of a cultural identity.
23 January 2012
North West University

Visser, Wessel

Hierdie artikel handel oor Afrikaners se reaksie op die uitdagings wat post-apartheid Suid-Afrika sedert 1994 aan die posisie van Afrikaans as amptelike landstaal en ‘n Afrikaner kulturele identiteit gebied het. Afrikaner-reaksie tot die dramatiese veranderinge wat die Suid-Afrikaanse bestel ondergaan het, het veral op twee wyses gemanifesteer. Ten eerste was daar ‘n neiging tot inwaartse, maar veral uitwaartse diaspora. Tweedens is daar pogings om ‘n Afrikaner-identiteit in post-apartheid Suid-Afrika te herdefinieer. In hierdie geval word op drie spesifieke kwessies gefokus, te wete die posisie van Afrikaners in ‘n post-1994 liberale demokrasie, die Afrikaanse taaldebat en Afrikaanse populêre kultuur en die sogenaamde “De la Rey-verskynsel”. Die artikel kom tot die gevolgtrekking dat die handhawing van ‘n Afrikaner-identiteit in oorsese diaspora omstandighede op die lange duur nie volhoubaar is nie. Ook binne Suid-Afrika is Afrikaner kulturele identiteit tans baie vloeibaar. Die voortbestaan daarvan sal afhang tot hoe ‘n mate Afrikaners daardie identiteit volgens ‘n nuwe waarde sisteem kan herdefinieer en alle Afrikaans-sprekers kan saamsnoer om ‘n waardige plek vir Afrikaans as hulle moedertaal te beding.
Municipal hawking: Johannesburg's mobile markets, 1944 - 1952.
06 February 2012
North West University

Pirie, G H;Rogerson, C M

• Opsomming: In die tydperk 1944 - 1952 het die mobiele markte van Johannesburg hul beslag gekry en weer tot niet gegaan. Die munisipaliteit se proefneming om voedsel op straat te verkoop, was 'n poging om die hoë voedselpryse van die tyd teen te werk. Die ingebruikneming van die mobiele voedselwaens het egter heelwat teenkanting uitgelok. Aanvanklik het die waens 'n diens aan die Blankes in die laerinkomstegebiede van Johannesburg gelewer, maar die diens is later geografies uitgebou sodat ook die hoërinkomstevoorstede ingesluit is. Toe die skema sy hoogtepunt bereik het, was sewe waens in bedryf. Daar is verskeie redes waarom die mobiele markte tot niet gegaan het, onder meer hoë bedryfskoste, 'n skerp afname in kopersondersteuning, kwaai mededinging van privaat kleinhandelaars en smouse en die herstel van normale marktoestande na die oorlog.
History in danger: the (non) quest for a national history in Botswana.
17 February 2012
North West University

Mafela, Lily

The socio-political context for history teaching in postcolonial Botswana did not provide for multicultural history approaches, and in fact it discouraged multiple approaches to national history. One of the ways in which the government sought to do this was through constant discouragement of what was regarded as tribalism, and an emphasis on a monolithic, monoethnic and homogenous national history. Part of this has to do with the government policy and practices that propound and subscribe to a monoethinic and monolingual society and education system, where history's role in that education system has been to tow the monoethnic line and to present a singular view of the country's origins and evolution. In all syllabi in the formal education system, national history is presented as a singular one, with the predominance of a Tswana ethnicity as the national curriculum's defining characteristic. This situation is deeply embedded in history, and reflects the social tensions that are generally being articulated in the wider society, particularly by minority groups, which are dissatisfied with the total neglect of their histories, cultures, and traditions. Hence, as communities continue to reflect on their place in Tswana society, the history syllabus will become highly contestable ground, and requires a rethinking and repackaging in order to avoid this pitfall. This paper seeks to explore the historical dimension of this current scenario, and reflects on curricula control and urges a rethinking on the question of a national history within the multiethnic and "multi-historied" Botswana.
Developments in History teaching at secondary school level in Swaziland: lessons from classroom research.
17 February 2012
North West University

Mazibuko, Edmund Z

History is a complex subject and teaching history is even much more complex than people think. It is more propositional than procedural in nature and involves adductive reasoning, where historical evidence and facts are reconstructed through speculation, imagination and empathy (Nichol, 1984; Booth, 1983). The effective teaching of history is more than the transmission of knowledge, but rather it is a process where students and teachers interact in the classroom as they share ideas, reflect and engage in reasoning. It is through this interaction that thinking and understanding will occur. This paper is a reflection on the developments in the teaching of history at secondary and high school level in Swaziland. The paper is based on research on a new history curriculum introduced in Swaziland in January 2006. In particular, the paper will highlight the research on the implementation of the new history syllabus. The paper will highlight the major challenges facing history teaching in the context of the new curriculum. Implications for the preparation of history teachers in Swaziland will be identified.
Dynasty building, family networks and social capital: alcohol pachters and the development of a colonial elite at the Cape of Good Hope, c. 1760-1790.
11 June 2012
North West University

Groenewald, Gerald

A hallmark of colonisation was extensive social reconfiguration, leading to the development of local elites which differed from the metropolitan and indigenous patterns. Historians of the Cape of Good Hope during the VOC era have identified the development of a local elite during the eighteenth century. The Cape gentry, consisting of grain and wine farmers in the hinterland of Cape Town, consolidated their power and influence over several generations through capital accumulation in the form of land and slaves, and through contracting endogamous marriages. This article contributes to this scholarship by adding a missing dimension: urban entrepreneurs in the form of the alcohol pachters (lease-holders). It traces how kinship, entrepreneurship and social capital were used by these people to gain economic advancement, and how the use of these factors changed over time. The article argues that the 1770s present a change-over from an earlier era when alcohol entrepreneurs were largely immigrant-based and used their cultural identities to their advantage, to a system where the urban and rural elites increasingly contracted business and social alliances. As such this study argues that the foundations of the Cape gentry lay in more than the accumulation of land and slaves. The entrepreneurial activities of alcohol pachters in Cape Town and their increasing alliances with the rural elite played an important role in creating an intricate network of wealthy and influential elite families at the Cape of Good Hope by the end of the eighteenth century.
Taking stock of land reform in Namibia from 1990 to 2005.
11 June 2012
North West University

Ingle, Mark

The land reform debate in Namibia has been predicated on a number of questionable assumptions and is atypical of the scenarios presented by other SADC countries. The one point of similarity is that the progress of Namibian land reform has been very slow. The evidence suggests that land reform has served as an expedient rhetorical device which the ruling party resorts to as and when it suits its political agenda. It has also served as a means by which high-ranking officials have enriched themselves at the expense of the peasantry. Namibia’s financial commitment to land reform was negligible when considered alongside some of its ruler’s more grandiose personal projects. This article contends that land reform in Namibia has been a minor issue and was always unlikely to compromise the political stability that has led to Namibia’s robust performance as a tourism mecca.
Steve Biko and Kenneth Kaunda: sampling youth in history.
12 June 2012
North West University

Kanduza, Ackson M

The paper examines history from the perspective of the youth as a marginalized social group in most societies. They are young, lacking influential skills and preparing for imagined futures. The paper argues that youth do not often use the democratic power embedded in numbers. The paper advances to show that history as selected speculation, fails to empower the youth in not explaining that major historical eras emerged from political challenges that the youth initiated and led. The author take the case of Steve Biko from South Africa and Kenneth Kaunda from Zambia to demonstrate the historical foundations of changes that came later in their respective states. During their youth Biko and Kaunda entered politics and precipitated changes of an enduring nature. When borrowing from Kaunda, Biko argued that respect for human dignity and freedoms laid foundations for struggles that improved social values and justice by rejecting colonial systems. It is further argued that comparative studies of people during their youth could improve quality of historical studies or learning, and appeal to young people to develop interest in history, and historical research.
A transdisciplinary approach to understanding the causes of wicked problems such as the violent conflict in Rwanda
14 August 2012
North West University

Velthuizen, A

The paper is presented against a background of many wicked problems that confront us in the world today such as violent crime, conflict that emanates from political power seeking, contests for scarce resources, the increasing reaction all over the world to the deterioration of socio-economic conditions and the devastation caused by natural disasters. This article will argue that the challenge of violent conflict requires an innovative approach to research and problem solving and proposes a research methodology that follows a transdisciplinary approach. The argument is informed by field research during 2006 on the management of knowledge in the Great Lakes region of Africa, including research on how knowledge on the 1994 genocide in Rwanda is managed. The paper will make recommendations on how transdisciplinary research is required to determine the causes of violent conflict in an African context and how practitioners and academics should engage in transdisciplinarity. It was found that transdisciplinary research is required to gain better insight into the causes of violent conflict in an African context. It requires from the researcher to recognise the many levels of reality that has to be integrated towards a synthesis to reveal new insights into the causes of violent conflict, including recognising the existence of a normative-spiritual realm that informs the epistemology of Africa. It furthermore requires a methodology that allows us to break out of the stifling constraints of systems thinking and linear processes into the inner space at the juncture where disciplines meet (the diversity of African communities).
The Premier’s Economic Advisory Council in the African National Congress-led government of the Free State Province, 1999 - 2004: a historical exploration on service delivery and poverty alleviation.
24 August 2012
North West University

Twala, Chitja M

The article traces the impact and relevance of the service delivery and poverty alleviation strategies introduced by the African National Congress (ANC) led provincial government in the Free State Province. This was in line with the promises made by the ANC during its electioneering campaigns of a “better life for all”. South Africa was confronted with the challenge of transforming a racially and ethnically fragmented and unequal public service delivery system into one that would be able to meet the demands from a newly enfranchised citizenry for economic, social and political development. The legacies of apartheid, combined with widespread poor budgetary and financial management, a massive backlog in basic services and infrastructure, race and regional inequalities in provision, and sometimes tense social relationships, tended to limit opportunities for social development and expanded delivery. South Africa’s new Constitution guaranteed human rights and democratic governance, promised efficient delivery of services and implemented a number of reforms aimed at achieving equity, access and the redistribution of resources. I argue in this article that the appointment of Winkie Direko, as the Premier of the Free State for the period 1999 to 2004 heralded a new dispensation for service delivery and poverty alleviation projects in the province. Therefore,the article seeks to highlight some of her initiatives as the province’s Premier in fast-tracking service delivery and poverty alleviation programmes. In order to achieve the above, Direko introduced a structure which became known as the Premier’s Economic Advisory Council (PEAC). This article reflects the role played by the PEAC in advising Direko as Premier on the economic development of the Free State Province. It presents the reflections, analysis, and recommendations of the research projects undertaken under the auspices of the PEAC. Furthermore, it highlights the use of the PEAC as one approach to enhance stakeholders’ contribution to the economic development of the province, albeit within the limitations of time and funding from the Free State provincial government. Direko’s PEAC ceased to function after the change of the provincial political leadership in April 2004 general election. Therefore, the article discusses the period 1999 to 2004.
Developing a national cadre of effective leadership towards sustainable quality service delivery in South Africa
29 August 2012
North West University

Havenga, Werner;Mehana, V.;Visagie, Jan Christoffel

The application of the three (3) dimensional leadership competency model has the likelihood of having a positive impact on a sustainable developmental local governance framework. The purpose of the study was to explore the relevance of the Three (3) dimensional leadership competency model so as to suggest leadership traits that can be used in the enhancement of a developmental local governance framework. The lack of leadership with the requisite competencies and capabilities in the local government system has been the source of corruption and maladministration, and therefore necessitates an intervention in the development of leadership competencies. The research design, approach and method focuses primarily a qualitative approach, namely face-to-face in-depth interviews using a structured interview schedule triangulated through the review of published documents and publications. The findings show that significant progress has been achieved in many areas of the ideal of a developmental local governance framework, yet the lack of a value-based cadre of leaders is reversing the gains that have been achieved in the last 15 years of the ANC rule. Managerial competencies that are key components of leadership limit the acceleration of a developmental governance framework. This study indicates the relevance of the Three (3) dimensional leadership competency model in the enhancement of a developmental local governance framework, and has suggested key elements of leadership traits within the context of what can be used to achieve the objects of a developmental local governance framework.
African indigenous land rights in a private ownership paradigm
03 September 2012
North West University

Du Plessis, W J

It is often stated that indigenous law confers no property rights in land. Okoth-Ogenda reconceptualised indigenous land rights by debunking the myth that indige-nous land rights systems are necessarily "communal" in nature, that "ownership" is collective and that the community as an entity makes collective decisions about the access and use of land.1 He offers a different understanding of indigenous land rights systems by looking at the social order of communities that create "reciprocal rights and obligations that this binds together, and vests power in the community members over land". To determine who will be granted access to or exercise control over land and the resources, one needs to look at these rights and obligations and the performances that arise from them. This will leave only two distinct questions: who may have access to the land (and what type of access)2 and who may control and manage the land resources on behalf of those who have access to it?3 There is a link with this reconceptualisation and the discourse of the commons. Os-trom's classification of goods leads to a definition of the commons (or common pool of resources) as "a class of resources for which exclusion is difficult and joint use in-volves subtractablity".4 The questions this article wishes to answer are: would it firstly be possible to classify the indigenous land rights system as a commons, and sec-ondly would it provide a useful analytical framework in which to solve the problem of securing land tenure in South Africa?
The impact of SADC social protection instruments on the setting up of a minimum social protection floor in Southern African countries
03 September 2012
North West University

Nyenti, M;Mped, L G

The Southern African Development Community (SADC) was formed to promote the political, economic and social wellbeing of the region. Some of the social objectives of the SADC are the promotion of social development and the alleviation of poverty, the enhancement of the quality of life of the peoples of Southern Africa, and the provision of support to the socially disadvantaged. In order to achieve these objectives, SADC member states have concluded a Treaty and various social protection-related instruments which aim to ensure that everyone in the region is provided with basic minimum social protection. Although the formation of the SADC (and the conclusion of some of its social protection-related instruments) preceded both the minimum social protection floor concept and the Social Protection Floor Initiative, the Treaty and instruments can be seen as complying with the requirements of both the concept and the initiative within the region. This article analyses the extent to which the SADC social protection-related instruments fulfil a minimum social floor function at the SADC regional level. The positive and negative aspects of the SADC Treaty and social protectionrelated instruments in this regard are evaluated. In addition, the article reviews the impact of the SADC social protection-related instruments in the setting up of social protection programmes aimed at ensuring a minimum social protection floor in some of the SADC countries. The successes of such country initiatives and the challenges faced are discussed. This is then followed by some concluding observations.
Public access to private land in Scotland
03 September 2012
North West University

Miller, D L C

This article attempts to understand the radical reform of Scottish land law in its provision for a general right of public access to private land introduced in 2003 as part of land reform legislation, an important aspect of the initial agenda of the Scottish Parliament revived in 1999. The right is to recreational access for a limited period and the right to cross land. Access can be taken only on foot or by horse or bicycle. As a starting point clarification of the misunderstood pre-reform position is attempted. The essential point is that Scots common law does not give civil damages for a simple act of trespass (as English law does) but only a right to obtain removal of the trespasser. Under the reforms the longstanding Scottish position of landowners allowing walkers access to the hills and mountains becomes a legal right. A critical aspect of the new right is that it is one of responsible access; provided a landowner co-operates with the spirit and system of the Act access can be denied on the basis that it is not being exercised responsibly. But the onus is on the landowner to show that the exercise of the right is not responsible. Although the right applies to all land a general exception protects the privacy of a domestic dwelling. Early case law suggests that the scope of this limit depends upon particular circumstances although reasonable 'garden ground' is likely to be protected. There are various particular limits such as school land. Compliance with the protection of property under the European Convention on Human Rights is discussed. The article emphasises the latitude, open to nations, for limitations to the right of ownership in land in the public interest. The extent of the Scottish access inroad illustrates this. This leads to the conclusion that 'land governance' – the subject of the Potchefstroom Conference at which the paper was initially presented – largely remains a matter for domestic law; the lex situs concept is alive and well.
Achieving "decent work" in South Africa?
04 September 2012
North West University

Cohen, T;Moodley, L

The fundamental goal of the International Labour Organisation is the achievement of decent and productive work for both women and men in conditions of freedom, equity, security and human dignity. The South African government has pledged its commitment to the attainment of decent work and sustainable livelihoods for all workers and has undertaken to mainstream decent work imperatives into national development strategies. The four strategic objectives of decent work as identified by the ILO are: i) the promotion of standards and rights at work, to ensure that worker's constitutionally protected rights to dignity, equality and fair labour practices, amongst others, are safeguarded by appropriate legal frameworks; (ii) the promotion of employment creation and income opportunities, with the goal being not just the creation of jobs but the creation of jobs of acceptable quality; (iii) the provision and improvement of social protection and social security, which are regarded as fundamental to the alleviation of poverty, inequality and the burden of care responsibilities; and (iv) the promotion of social dialogue and tripartism. This article considers the progress made towards the attainment of these decent work objectives in South Africa, using five statistical indicators to measure such progress namely: (i) employment opportunities; (ii) adequate earnings and productive work; (iii) stability and security of work; (iv) social protection; and (v) social dialogue and workplace relations. It concludes that high levels of unemployment and a weakened economy in South Africa have given rise to a growing informal sector and an increase in unacceptable working conditions and exploitation. The rights of workers in the formal sector have not filtered down to those in the informal sector, who remains vulnerable and unrepresented. Job creation initiatives have been undermined by the global recession and infrastructural shortcomings and ambitious governmental targets appear to be unachievable, with youth unemployment levels and gender inequalities remaining of grave concern. Social protection programmes fail to provide adequate coverage to the majority of the economically active population. Social dialogue processes and organisational structures fail to accommodate or represent the interests of the informal sector. Until these problems are overcome, the article concludes, it remains unlikely that decent work imperatives will be attained.
Implicit personality conceptions of the Nguni cultural-linguistic groups of South Africa
20 September 2012
North West University

De Bruin, Gideon;Meiring, Deon;Nel, Jan Alewyn;Rothmann, Sebastiaan;Valchev, Velichko H.;Van de Vijver, Alphonsius Josephus Rachel

The present study explored the personality conceptions of the three main Nguni cultural-linguistic groups of South Africa: Swati, Xhosa, and Zulu. Semistructured interviews were conducted with 116 native speakers of Swati, 118 of Xhosa, and 141 of Zulu in their own language. Participants provided free descriptions of 10 target persons each; responses were translated into English. Twenty-six clusters of personality-descriptive terms were constructed based on shared semantic content and connotations of the original responses. These clusters accounted for largely identical content in all three groups. The clusters represented an elaborate conception of social-relational aspects of personality revolving around the themes of altruism, empathy, guidance, and harmony. The patterning of responses suggests that the individual is viewed as inextricably bound to his or her context of social relationships and situations. The findings are discussed with reference to the Big Five model of personality and the culture and personality framework.
Implicit theories about interrelations of anger components in 25 countries
03 October 2012
North West University

Campos, Miryam;Fernandez, Itziar;Paez, Dario;Alonso-Arbiol, Itziar;Van de Vijver, Alphonsius Josephus Rachel (Fons);Carrera, Pilar

We were interested in the cross-cultural comparison of implicit theories of the interrelations of eight anger components (antecedents, body sensations, cognitive reactions, verbal expressions, nonverbal expressions, interpersonal responses, and primary and secondary self-control). Self-report scales of each of these components were administered to a total of 5,006 college students in 25 countries. Equivalence of the scales was supported in that scales showed acceptable congruence coefficients in almost all comparisons. A multigroup confirmatory factor model with three latent variables (labeled internal processes, behavioral outcomes, and self-control mechanisms) could well account for the interrelations of the eight observed variables; measurement and structural weights were invariant. Behavioral outcomes and self-control mechanisms were only associated through their common dependence on internal processes. Verbal expressions and cognitive reactions showed the largest cross-cultural differences in means, whereas self-control mechanisms scales showed the smallest differences. Yet, cultural differences between the countries were small. It is concluded that anger, as measured by these scales, shows more pronounced cross-cultural similarities than differences in terms of both interrelations and mean score levels.
The Bengwenyama Trilogy: constitutional rights and the fight for prospecting on community land
15 January 2013
North West University

Humby, T

Although developments subsequent to the judgment have undermined the value of the decision for the community involved, the Constitutional Court's judgment in the Bengwenyama matter provides a welcome precedent on the provisions of the Mineral and Petroleum Resources Development Act 28 of 2002 that deal with the existence of an internal appeal, the nature of consultation with interested and affected parties, the role of environmental considerations in the granting of prospecting rights, and the procedural obligations of the DMR in relation to the community preferent right to prospect or mine. However, its deliberations on the duty to consult and particularly the procedural implications of the community preferent right to prospect do not go far enough into the dynamics underlying the implementation of the law, or tackle the problematic linkages between the MPRDA, the law relating to communal land tenure, and the processing of land claims.
South Africa's constitutional environmental right (generously) interpreted : what is in it for poverty?
23 January 2013
North West University

Du Plessis, Alida Anél

Section 24 of the Constitution of the Republic of South Africa, 1996 provides that everyone has the right to an environment that is not detrimental to his or her health or well-being. The nature and ambit of the environmental right relate to ss 27(1) and (2), which provide for a right of access to health-care services and sufficient food and water. Yet the scope of s 24 transcends the modalities of what is necessary for people's 'biological survival', including physical health. Departing from the viewpoint that a strong link exists between the vulnerable poor and the different constitutional entitlements enshrined in s 24, this article explores how poverty influences the way in which the normative content of the constitutional environmental right should be interpreted and applied. Following an interpretative approach, the call is made for an expansive or generous interpretation of the environmental right that takes into account the broader purposes and interests which this right and the Constitution in general, seem to protect.
Redesigning the South African unemployment insurance fund: selected key policy and legal perspectives
25 January 2013
North West University

Dupper, Ockert;Govindjee, Avinash;Olivier, Marius Paul

This contribution examines selected issues from a policy and legal perspective. Against the background of the broader social security reform agenda in South Africa and the vision of a comprehensive social security system, the contribution covers five key areas, namely alignment with international standards; the need to develop synergies with the rest of the social security system and for institutional reform and alignment; addressing certain material deficiencies and inconsistencies in the UIF legislation (with reference to removing the restriction on certain contributors to benefit and redefining the range of dependants); re-aligning the current UIF benefit regime to focus on loss of employment; and improving the UIF benefit regime through the introduction of standardised measures and other reforms (with reference to the indexation of benefits, utilising a minimum wage arrangement as a basis for benefit enhancement, adjusting the contribution rate and developing a streamlined adjudication framework). It is argued that complying with relevant international standards will move South Africa closer to be in a position to ratify these instruments, in particular ILO Convention 102 of 1952 on minimum standards in social security. Ample opportunity exists to introduce streamlined approaches in among others the collection of contributions and shared benefit payment facilities and arrangements, and the harmonisation of benefits. However, particular considerations and substantive constraints define and circumscribe the extent and content of the alignment of the UIF that is currently considered. These relate in particular to the compensation function of the UIF; its role as a labour market instrument; and the need to recognise unemployment insurance as a separate risk category with a ringfenced contribution and benefit regime framework. It should also be considered to separate unemployment insurance benefits in the strict sense of the word (ie benefits accruing to a beneficiary as a result of loss of employment) from unemployment-related benefits such as sickness, maternity and adoption benefits.
Maccsand (Pty) Ltd v City of Cape Town 2012 (4) SA 181 (CC)
31 January 2013
North West University

Olivier, N J J;Williams, C;Badenhorst, P J

The Constitutional Court in Maccsand (Pty) Ltd v City of Cape Town (CCT 103/11) 2012 ZACC 7 decided that the granting of mining rights or mining permits by the Minister of Mineral Resources in terms of the Mineral and Petroleum Resources Development Act 28 of 2002 does not obviate the obligation on an applicant to obtain authorisations in terms of other legislation that deals with functional domains other than minerals, mining and prospecting. This applies to all other legislation, irrespective of whether the responsible administrator of such other legislation is in the national, provincial or local sphere of government. The effect of the decision is that planning and other authorities which derive their statutory mandate and powers from other legislation retain all their powers as regards planning and rezoning, for instance. In addition, the Minister of Mineral Resources cannot make a decision on behalf of, or for, such functionaries. The judgement also clarified the question of whether or not a national Act can supersede provincial legislation dealing with a distinctly different functional domain. In principle, the decision also indicates that the fact that a range of authorisations are required in terms of separate statutory instruments (each with its own functional domain and administered by its own functionary) does not necessarily amount to conflicts between these instruments. An owner of land may now insist that his land may not be used for mining purposes if it is not zoned for such purposes. It is submitted that, in order to provide certainty to land owners, developers and government functionaries, and to promote investor confidence (especially in the mining sector), an intergovernmental system for the consideration of applications by the functionaries responsible for the separate statutory instruments needs to be developed as a high priority.
Informality, employment contracts, and social insurance coverage: rights-based perspectives in a developing world context
10 June 2013
North West University

Olivier, Marius Paul

This contribution critically reflects on rights-based perspectives in relation to the extension of social security, in particular social insurance coverage to those who work informally, with a focus on the developing world. It is argued that the traditional social security concept is insufficient in this regard, mainly as a result of its particular focus on formal employment-based social insurance, its emphasis on state-regulated and formal forms of social security, and a narrowly focused risk/benefit approach, which does not reflect the true needs and situation of those who work informally. Domestic (social security) legal systems, as is the case with international standards embedded in most of the International Labour Organization (ILO) instruments, have a primary focus on those in the formal economy, who work within the framework of an identifiable employment relationship. In addition, there appears to be little scope to apply employment contracts outside the framework of the traditional employment relationship to support coverage extension of social insurance arrangements. Alternative approaches to and opportunities for coverage extension are suggested. These include: adopting innovative conceptual approaches to extend coverage beyond those who work in terms of a contract of employment; using contractual tracking approaches and deeming measures; and deliberately widening the base of social insurance coverage through targeted accommodation of informal workers. Finally, it is argued that there is need for a strengthened rights-based framework, supported and informed by suitable international standards, regional norms, and constitutional prescriptions, to ensure that social security, in particular social insurance coverage, is extended to informal workers.
Population vulnerability and disaster risk reduction: a situation analysis among the landslide affected communities in Kerala, India
16 August 2013
North West University

Santha, Sunil Damodaran;Sreedharan, Ratheeshkumar Kanjirathmkuzhiyil

Landslides affect at least 15% of the land area of India, exceeding 0.49 million km2. Taking the case of landslide affected communities in the state of Kerala in India, this paper demonstrates that the focus has seldom been placed on assessing and reducing vulnerability. From the perspective of political economy, this paper argues that vulnerability reduction has to be the main priority of any disaster risk reduction programme. This paper also demonstrates that the interactions between ecological and social systems are usually complex and non-linear in nature. In contrast, interventions to tackle landslide risks have followed a linear course, assuming that one hazard event acts independently of another. The key findings of the study show that lack of access to political power, decision making, and resources, insecure livelihoods,environmental degradation, and ine#ectiveness of the state approach to disaster risk reduction are some of the major factors that lead to increasing vulnerability. Qualitative in nature, the primary data were collected through in-depth interviews with people from different groups such as farmers affected by the landslides and secondary floods, men and women living in the temporary shelter, government representatives involved in relief activities, health authorities, and elected representatives.
The usable past and socio-environmental justice: From Lady Selborne to Ga-Rankuwa.
03 September 2013
North West University

Kgari-Masondo, Maserole Christina

This article presents a case study in forced removals and their ramifications from 1905 to 1977 from the perspective of socio-environmental history. It depicts environmental damages and misunderstandings suffered due to forced removals from Pretoria in a location called Lady Selborne (currently known as Suiderberg) and Ga-Rankuwa where some of the displaced were relocated. The article demonstrates that forced removals did not only result in people losing their historical lands, properties and material possessions, but they lost their inheritance – homes, history and their sense of being and connectedness. The article depicts the complex picture of the ramifications of forced removals among former inhabitants of Lady Selborne where the township was a scenic home, with fertile soils and situated closer to the city centre - where they experienced environmental justice and felt human in the process. With the forced removals and relocation in Ga-Rankuwa the former inhabitants of Lady Selborne were resettled in a place with infertile soil on the outskirts of Pretoria. The article illustrates that successive white governments (from the colonial period till the reign of the National Party under De Klerk) and many scholars have tried to downplay African environmental ethics and to dismiss them as “superstition”. This resulted in forced removals and consequently in Africans being apathetic to environmental issues in the resettlement area; Ga- Rankuwa. This impacted on the oral traditional environmental education on environmental preservation which was ignored by Africans and successive governments and this hastened the deterioration of African environmental settlements in Ga-Rankuwa. Thus, in this article it will be argued that through environmental justice that embraces the “Usable past” of African environmental ethics, environmental education and activism is possible.
Mission as action in hope in the context of white poverty in Pretoria: a case for Betlehem Mission Centre
19 September 2013
North West University

Mashau, Thinandavha Derrick

The gap between the rich and the poor is widening daily and the proportion of people living in poverty in South Africa is steadily on the rise. The phenomenon of white poverty has existed since the 1890s and is becoming a more common trend across South Africa. White poverty left a number of whites in South Africa homeless. Consequently, they are forced to live in the streets, in shelters and informal settlements such as Bethlehem Mission Centre in Pretoria. A descriptive study was undertaken within the qualitative paradigm to describe the living conditions at the Bethlehem Mission Centre in Pretoria. The mission operandi, faith-based focus and funding of the Centre is described. In describing the experience of people involved in Bethlehem Mission Centre a story unfolds of how hope may be restored to a seemingly hopeless situation. The church living out “mission as action in hope” can address the issue of poverty in the context it serves.
Address to commemorate the 2013 Martin Luther King day at the Law Faculty, University of Michigan
15 October 2013
North West University

Govender, Karthy

The paper commences by considering the similarity between Dr King, MK Gandhi and Nelson Mandela and argues that they are high mimetic figures who inspire us to be better. Their legacy and memory operate as a yardstick by which we can evaluate the conduct of those exercising public and private power over us. Each remains dominant in his respective society decades after passing on or leaving public life, and the paper suggests that very little societal value is had by deconstructing their lives and judging facets of their lives through the prism of latter day morality. We gain more by leaving their high mimetic status undisturbed. There is a clear link between their various struggles with King being heavily influenced by the writings and thinking of Gandhi, who commenced his career as a liberation activist in South Africa. King was instrumental in commencing the discourse on economic sanctions to force the Apartheid government to change and the Indian government had a long and committed relationship with the ANC. The second half of the paper turns to an analysis of how Dr King's legacy impacted directly and indirectly on developments in South Africa. One of the key objectives of the Civil Rights movement in the USA was to attain substantive equality and to improve the quality of life of all. The paper then turns to assessing the extent to which democratic South Africa has achieved these objectives and concludes that the picture is mixed. Important pioneering changes such as enabling gays and lesbians to marry have taught important lessons about taking rights seriously. However, despite important advancements, neither poverty nor inequality has been appreciably reduced. One of the major failures has been the inability to provide appropriate, effective and relevant education to African children in public schools. Effectively educating previously disadvantaged persons represents one of the few means at our disposal of reducing inequality and breaking the cycle of poverty. Fortunately, there is a general awareness in the country that something needs to be done about this crisis urgently. The paper notes comments by President Zuma that the level of wealth in white households is six times that of black households. The critique is that comments of this nature do not demonstrate an acknowledgment by the ANC that, after 19 years in power, they must also accept responsibility for statistics such as this.
The unilateral determination of price - a question of certainty or public policy?
15 October 2013
North West University

Du Plessis, Hanri M

The unilateral determination of price has been a controversial issue for an extended period of time. During the 1990s the Supreme Court of Appeal asked if the rule should still form part of South African law. Specifically, the court raised a few questions in respect of the rule and commented that the rule as applied in South African law is illogical. The court also remarked that public policy, bona fides and contractual equity might also be employed when considering such issues. Despite the criticisms of the Supreme Court of Appeal, it would seem that the rule still forms part of our law. This article investigates whether or not the rule should be retained in the South African common law. The answer will depend on two separate questions: Is the rule a manifestation of the requirement of certainty of price? If not, does public policy require that the rule be retained? The article shows that the rule prohibiting the unilateral determination of price should not be seen as a manifestation of the requirement of certainty of price. This is because there are various circumstances where the unilateral determination of the price results in certainty of price or can be applied in such a way as to arrive at certainty of price. Most of these arguments require that the discretion to determine the price should not be unfettered and should be subject to some objective standard. This can be done expressly or tacitly in the contract, or an objective standard (in the form of reasonableness) will be implied by law. Thereafter, the article considers various public policy considerations that could be used to determine if a discretion to determine the price should be enforced. The article argues that public policy may dictate that such a discretion should be valid and enforceable provided that it is not unfettered and subject to an external objective standard or reasonableness. However, in cases where an unfair bargaining position is present, public policy may dictate otherwise. The article accepts that whether a term providing for the unilateral determination of the price would be contrary to public policy or not will depend on the facts of the case. However, it is submitted that, at a minimum, the considerations and factors discussed in the article should be taken into account when making such an assessment.
A human rights-based approach to poverty reduction: the role of the right of access to medicine as an element of the right of access to health care
16 October 2013
North West University

Strauss, Zannelize;Horsten, Debbie

The prevention and treatment of infectious diseases remain among the greatest challenges faced by today's developing countries. The World Health Organisation estimates that about one-third of the world's population lacks access to essential medicine, a fact which, according to the United Nations, directly contradicts the fundamental principle of health as a human right. According to the World Summit for Social Development, poor health and illness are factors that contribute to poverty, while the adverse effects of illness ensure that the poor become poorer. A lack of access to health care, amongst other rights, (including access to medicines as an element thereof) aggravates poverty. The most important provision in international law relating to the right to health is article 12 of the United Nations International Covenant on Economic, Social and Cultural Rights. Article 12(1) of this Covenant provides a broad formulation of the right to health in international law, while article 12(2) prescribes a non-exhaustive list of steps to be taken in pursuit of the highest attainable standard of health. Article 12(2), in particular, illustrates the role that adequate access to medication plays in the right of access to health care. The United Nations Committee on Economic, Social and Cultural Rights has explicitly included the provision of essential drugs as a component of the right to health care, thereby emphasising the causal link between the lack of access to essential medicines and the non-fulfilment of the right of access to health care. As with all socio-economic rights, the resource implications of the realisation of the right to health has the result that states cannot be expected to immediately comply with its obligations in respect thereof. Instead, article 2(1) of the International Covenant on Economic, Social and Cultural Rights and the General Comments of the Committee on Economic, Social and Cultural Rights place obligations on states to take deliberate, concrete and targeted steps towards expeditious and effective full realisation of the right to health, including access to medication. The measures taken to do so must, according to General Comment 3, embrace the concept of the minimum core obligation (the minimum core in relation to medicines being access to essential medicines, at the very least). In this article it is argued that adequate access to essential medicines, as an element of the right of access to health care, could contribute to the reduction of poverty. This is done by firstly discussing the human rights-based approach to poverty reduction, whereafter attention is turned to access to medicines as an element of the right to health, with specific focus on obligations in terms of the International Covenant on Economic, Social and Cultural Rights. Finally, the role of access to medicines in reducing poverty is considered. The article concludes that poverty constitutes an infringement on human rights and will not be eradicated without the fulfilment of human rights, including the right to health. The adequate fulfilment of peoples' rights of adequate access to essential medicines will enable them to achieve a higher level of well-being, thereby reducing the level of poverty which they experience. Both the right of access to health care and to essential medicines – a crucial component thereof – thus have a significant role to play in a state's poverty reduction strategies.
The impact of the National Credit Act 34 of 2005 on the enforcement of a mortgage bond: Sebola v Standard Bank of South Africa ltd 2012 5 SA 142 (CC)
16 October 2013
North West University

Fuchs, Michelle M

When a mortgagor is in default and the mortgagee wants to enforce the debt the National Credit Act (hereafter the NCA) may apply. A credit agreement may be enforced in court by a credit provider against a defaulting debtor only once the requirements of sections 129 and 130 of the NCA have been adhered to. If a mortgagor (who is a protected consumer in terms of the NCA) is in default, the mortgagee must deliver a section 129(1) notice to the consumer, thereby drawing the default to the attention of the consumer. For a number of years there has been uncertainty about the interpretation of section 129(1) and how it affects the execution procedure in the case of a mortgage bond over immovable property. The recent Constitutional Court judgment of Sebola v Standard Bank 2012 5 SA 142 (CC) overturns, to my mind, the more reasonable approach to such notices in Rossouw v Firstrand Bank Ltd (2010 6 SA 439 (SCA)). It was held in Sebola that before instituting action against a defaulting consumer, a credit provider must provide proof to the court that a section 129(1) notice of default (i) has been despatched to the consumer's chosen address and (ii) that the notice reached the appropriate post office for delivery to the consumer, thereby coming to the attention of the consumer. In practical terms the credit provider must obtain a post-dispatch "track and trace" print-out from the website of the South African Post Office. There is now a much heavier burden on a bank to ensure that proper proof is provided that the notice was sent and delivered to the correct address. Consequently it places another hurdle in the path of a mortgagee who wishes to foreclose.
Leadership challenges in change intervention and navigation
18 October 2013
North West University

Coetzee, Carolus Reinecke;Ukpere, Wilfred;Visagie, Jan Christoffel

The success of any change intervention depends on the leadership of the organisation. It is therefore important to note that leadership is an enabler of any type of change. Quite often organisations require transformational leadership for the successful implementation of any change intervention. Transformational leaders focus on three critical activities namely the creation of a compelling sense of vision, the mobilization of commitment to the vision and the implementation of change. In general leadership can be seen as the driving force to ensure effectiveness and efficiency. Effective leaders know that the successful implementation of change begins with attending to the human aspect. Therefore, leadership is about the leader’ ability to influence people and allowing them to change perceptions, behaviours, attitudes and finally action. It is about arousing human potential and allows for leaders and followers to be united in pursuit of high level goals common to and accepted by all parties involved. This article will mainly focus on the above scope.
An investigation into selected determinants of family harmony in small and medium-sized family farms in South Africa
23 October 2013
North West University

Van der Merwe, Stephanus Petrus

The primary objective of this study was to empirically explore the determinants of family harmony in small and medium-sized family farms. Data from 244 questionnaires from 36 family farms were collected and analysed. Three factors with eigen-values greater than one were extracted, explaining 63.56% of the variance, describing the theoretical dimensions of the dependent variable family harmony and the independent variables existence of family forums and conflict management. The impact of the existence of family forums and conflict management on family harmony was examined by means of multiple linear regression analysis. The results indicate that a significant proportion of the variation in family harmony among family members in family farms is explained by the existence of family forums and the management of conflict among family members. The findings thus indicate that family harmony among family members in the participating family farms is related to the existence of family forums and conflict management. Practical recommendations are made to improve family relationships in family farming businesses
Indonesian leadership styles: a mixed-methods approach
31 October 2013
North West University

Suryani, Angela O.;Van de Vijver, Alphonsius Josephus Rachel;Poortinga, Ype H.;Setiadi, Bernadette N.

Indonesian leadership characteristics were examined in three studies, using mixed methods. In the first, qualitative study 127 indigenous characteristics of Indonesian leadership were identified from interviews and focus group discussions with Indonesian managers and staff. In the second study, a questionnaire based on the characteristics found in the first study was administered to Indonesian managers to identify Indonesian leadership styles. Using factor analysis, two highly correlated dimensions were extracted, labelled benevolent paternalism and transformational leadership. In the third study, a questionnaire consisting of leadership characteristics from the GLOBE study, supplemented with a selection of 49 items from the Indonesian questionnaire, was administered to another sample of Indonesian managers. We found that Indonesian leadership has two components; the first involves a more local modernization dimension that ranges from (traditional) benevolent paternalism to (modern) transformational leadership, the second is a more universal person- versus team-oriented leadership dimension. We conclude that Indonesian leadership has both emic and etic aspects.
The Crisis Committee, post apartheid protest and political mobilisation in Phomolong Township, Free State.
08 January 2014
North West University

Kunene, Phindile

Often depicted in images of violence, burning tyres, destruction of property and looting of private businesses, service delivery protests have captured the imagination of many scholars interested in South Africa’s post apartheid politics. There are two main approaches to the study of service delivery protests. On the one hand are studies that argue that service delivery protests directly spring from an economic reality that privileges the market as a provider of services. The strength of this analysis is that it draws an important link between neoliberal capitulation and the rise of protest and mobilisation in post apartheid South Africa. The limitation in this analysis is that it pays scant attention to local associational politics. On the other hand is an approach that locates its analysis in the institutional design of post apartheid local government. Although offering a competent analysis of the grievances in service delivery protests, this analysis lacks a historical approach in studying local protest. Furthermore, this approach seldom illuminates the social composition and organisational character of the movements at the centre of these protests. Based on extensive life history interviews, this study examines the 2005 service delivery protests in Phomolong - a township in the northern Free State. With a grounded analysis on the Crisis Committee, which was the coordinating centre of the protests, the study reveals interesting complexities about the articulation between service delivery protests and the historical evolution of political mobilization and protest in Phomolong. In the paper it is argued that, despite some promising aspects and potential to effect thoroughgoing transformation on the local state, post apartheid protest movements present a hybrid and fluid political character, which can be understood by looking at the interface between the internal dynamics of protest movements and the structural factors that influence their formation.
New “traditional” strategies and land claims in South Africa: a case study in Hammanskraal.
08 January 2014
North West University

Godsell, Sarah

In post-apartheid South Africa, many hopes were pinned on the process of land-restitution to be a major part of power and wealth redistribution. However, as the land claims process is linked to demonstrable historical legitimacy, this process has sometimes necessitated both the restating and reinventing of local histories and “ethnic identities”, in line with new political structures or moral frameworks. This article addresses continuity and innovation in strategies around historical adaptation to governance structures, ethnicity and “traditional” structures in South Africa. These themes will be explored using Hammanskraal, located in the north of Gauteng, as a case study, examining the way legitimacy has been gained, constructed and established in two specific periods: around 1911-1944 and 1995-2010. In 1944, government ethnographer NJ Van Warmelo produced a history of Johannes “Jan Tana” Kekana’s Ndebele, depicting the history and lineage of the AmaNdebele-a-Moletlane group. In 1995, a substantial land-claim was lodged by a contestant for the chieftaincy of the AmaNdebele-a-Moletlane, presenting a different historical background that contested the narrative produced by Van Warmelo. The contestant for the chieftaincy, not currently officially recognised by South African state structures, has used various strategies to concretise his position. These strategies show how entrenched historical legitimacy is being counteracted by popular modes of expression, construction and communication. This new politics, consciously constructed around ideas of traditional structures and legitimacy, interacts with new power structures, adding the importance of political connections or resources to the construction of the claim. Contextualising this historically shows how continuities regarding “traditional” authorities have interacted with the state before, during and after apartheid.
Micro-credit as a community development strategy: a South African case study
13 January 2014
North West University

Magezi, Vhumani;Nyuswa, Mandla;Thabethe, N.

This article critically examines the development strategy utilized in a men’s micro-credit programme that aims to tackle the vicious cycle of poverty and its impacts. The findings highlight the significance of social capital in the mobilization of skills, knowledge, and resources in one local community in the province of KwaZulu-Natal, South Africa. Evidence from the study suggests that micro-credit for microenterprise development contributes to social cohesion and greater co-operation in the community. However, the results also point to the gendered nature of the project as a paradox that requires critical analysis. It is concluded that while the micro-credit programme has succeeded in social development, achievements remain modest in terms of economic and women empowerment. Ultimately, the microcredit project presents a dilemma that development practitioners would constantly need to engage with.
Arbitrary deprivation of an unregistered credit provider's right to claim restitution of performance rendered Opperman v Boonzaaier (24887/2010) 2012 ZAWCHC 27 (17 April 2012) and National Credit Regulator v Opperman 2013 2 SA 1 (CC)
29 January 2014
North West University

Brits, Reghard

The Constitutional Court in National Credit Regulator v Opperman confirmed the Cape High Court's decision in Opperman v Boonzaaier to declare section 89(5)(c) of the National Credit Act unconstitutional. Therefore, the forfeiture to the state of an unregistered creditor provider's right to claim restitution of monies advanced in terms of an unlawful (and void) credit agreement, was held to amount to an arbitrary deprivation of property in contravention of section 25(1) of the Constitution – the property clause. The provision in effect prohibited courts from deviating from the common law's strict par delictum rule in as far as the effects of unlawful contracts are concerned, the result being that creditors could not retrieve any of the amounts extended to the debtor, despite there being no turpitude or bad faith present. The purpose of this provision was to discourage the concluding of unlawful credit agreements – for instance, agreements concluded by unregistered credit providers – so as to protect consumers against unscrupulous behaviour. Although the broad purposes of the Act are undeniably valid, the Court held that there was no "sufficient reason" for the effects that the Act had in this case, since the credit provider in question was not guilty of the behaviour that the Act tried to combat. In other words, the effects of the Act were over-broad and not proportionate to its stated purposes. This case note comprehensively analyses these decisions in view of interpreting the "confused and confusing" wording of section 89(5)(c), with a specific focus on the application of the section 25(1) non-arbitrariness test. Reference is also made to the earlier judgments in the matter of Cherangani Trade and Investment 107 (Edms) Bpk v Mason. The Opperman decisions illustrate well 2 how the non-arbitrariness test should be conducted in consitutional property cases generally but particularly also in the credit context. Of significance is the fact that the Court for the first time recognised that personal rights sounding in money (an enrichment claim in this instance) should qualify as "property" for constitutional property law purposes. In certain circumstances, therefore, credit regulation may involve deprivation of property such as must satisfy the requirements of the property clause. It is contended that recognising the role of section 25 in the credit context is a positive development that can be explored further. The constitutional provision also calls for lawmakers to draft legislation in such a way that regulatory mechanisms are rational and sufficiently proportionate to its stated goals.
An analysis of challenges in the teaching of problem solving in Grade 10 mathematics
26 February 2014
North West University

Moloi, Tshele J

The paper focuses on challenges in the teaching of problem-solving in Grade 10 Mathematics, which may emanate from ignoring the background environment of the child (Graven & Schafer, 2013:4). It is important to affirm what learners know because their background knowledge is influenced by environmental surroundings (Leung, 2008:145), including social and cultural practices. The Department of Basic Education Report (2009) shows that the same topics in which Grade 10 Mathematics learners performed poorly corresponded with those in which they did poorly at the end of their Grade 12 examinations. The study is framed by community cultural wealth theory (Yosso, 2005), which posits knowledge as excluding communities. Rocha-Schmid (2010:344) contends that it is not correct to view excluded communities as objects for rehabilitation, but rather they should be conceived by a Freirean emancipatory project that perceives subaltern communities as authentic beings capable of engaging mathematical concepts in creative endeavours and critical thinking. Hence, the study asserts that it is crucial that parents, traditional leaders and community leaders, play a crucial role in the teaching and learning of Grade 10 Mathematics, so as to alleviate the identified challenges. The study utilised participatory action research (PAR) methods, which recognise community members as experts, and the empowerment of communities to find their own solutions to local issues (Moana, 2010:1). The researcher puts together a team of community members, the school population and education district officials as participants in the study. Each challenge was outlined and analysed using critical discourse analysis (CDA), enabling the participants to use the spoken/written word as evidence of the interpretation made at both the levels of discursive practice and social structures, to extract a deeper meaning and to make repertoires of each participant (Francis, 2012:18; Mahlomaholo, 2012a:51, 2012b:104).
Limitation of socio-economic rights in the 2010 Kenyan constitution: a proposal for the adoption of a proportionality approach in the judicial adjudication of socio-economic rights disputes
12 March 2014
North West University

Orago, Nicholas Wasonga

On 27 August 2010 Kenya adopted a transformative Constitution with the objective of fighting poverty and inequality as well as improving the standards of living of all people in Kenya. One of the mechanisms in the 2010 Constitution aimed at achieving this egalitarian transformation is the entrenchment of justiciable socio-economic rights (SERs), an integral part of the Bill of Rights. The entrenched SERs require the State to put in place a legislative, policy and programmatic framework to enhance the realisation of its constitutional obligations to respect, protect and fulfill these rights for all Kenyans. These SER obligations, just like any other fundamental human rights obligations, are, however, not absolute and are subject to legitimate limitation by the State. Two approaches have been used in international and comparative national law jurisprudence to limit SERs: the proportionality approach, using a general limitation clause that has found application in international and regional jurisprudence on the one hand; and the reasonableness approach, using internal limitations contained in the standard of progressive realisation, an approach that has found application in the SER jurisprudence of the South African Courts, on the other hand. This article proposes that if the entrenched SERs are to achieve their transformative objectives, Kenyan courts must adopt a proportionality approach in the judicial adjudication of SER disputes. This proposal is based on the reasoning that for the entrenched SERs to have a substantive positive impact on the lives of the Kenyan people, any measure by the government aimed at their limitation must be subjected to strict scrutiny by the courts, a form of scrutiny that can be achieved only by using the proportionality standard entrenched in the article 24 general limitation clause.
A critical investigation of the relevance and potential of IDPs as a local governance instrument for pursuing social justice in South Africa
12 March 2014
North West University

Fuo, Oliver Njuh

Unlike the situation in the past, when local government’s role was limited to service delivery, local government is now constitutionally mandated to play an expanded developmental role. As a “co-responsible” sphere of government, local government is obliged to contribute towards realising the transformative constitutional mandate aimed at social justice. South African scholars and jurists share the view that social justice is primarily concerned with the eradication of poverty and extreme inequalities in access to basic services, and aims to ensure that poor people command sufficient material resources to facilitate their equal participation in socio-political life. In order to enable municipalities to fulfil their broad constitutional mandate, the system of integrated development planning (IDPs) came into effect in South Africa in 2000. Each municipality is obliged to design, adopt and implement an integrated development plan in order to achieve its expanded constitutional mandate. The IDP is considered to be the chief legally prescribed governance instrument for South African municipalities. The purpose of this article is to explore and critically investigate the relevance and potential of IDPs in contributing towards the achievement of social justice in South Africa. This article argues inter alia that the multitude of sectors that converge in an IDP makes it directly relevant and gives it enormous potential to contribute towards social justice because, depending on the context, municipalities could include and implement strategies that specifically respond to diverse areas of human need. In this regard, the legal and policy frameworks for IDPs provide a structured scheme that could be used by municipalities to prioritise and meet the basic needs of especially the poor. Despite its potential, it is argued that the ability of IDPs to respond to the basic needs of the poor is largely constrained by a series of implementation challenges partly attributed to the underlying legal and policy framework.
Creating a servitude to solve an encroachment dispute: a solution or creating another problem?
12 March 2014
North West University

Boggenpoel, Zsa-Zsa Temmers

The main focus of this note is the case of Roseveare v Katmer, Katmer v Roseveare 2013 ZAGPJHC 18, which provides an interesting (though possibly constitutionally problematic) perspective to the encroachment problem. The decision in this case has opened the door for courts to create servitudes in instances where encroachments are left intact based on policy reasons. Concerning these policy reasons, the note investigates the reasonableness standard as it was applied in the case. It is argued that it is important to differentiate between the applications of reasonableness in encroachment cases and alleged nuisance disputes. The decision in this case creates the impression that courts may now order that a servitude be registered in favour of the encroacher against the affected landowner’s property. It seems as though the court had in mind the creation of a praedial servitude to justify the continued existence of the encroachment. The servitude is created by court order against the will of the affected landowner. At common law, the creation of a servitude in this respect does not exist, and the authority from which the power derives to make an order like this is not entirely clear. The court also does not provide any authority for the creation of the servitude in favour of the encroacher. Consequently, it is argued that this may have serious constitutional implications. For one, lack of authority for the deprivation that results may be unconstitutional because there is no law of general application that authorises the deprivation in terms of section 25(1). The creation of a servitude to explain the continued existence of the encroachment is not automatically included in the general discretion to replace removal with compensation. It is contended that an order that forces the affected landowner to register a servitude in favour of the encroacher to preserve the existing encroachment situation will be in conflict with section 25(1) as far as the common law does not authorise such an order. Furthermore, an order creating a servitude against the affected landowner’s will need to be separately justified in terms of the non-arbitrariness requirement in section 25(1). In this respect, the order will be unjustified and therefore arbitrary on both a general and personal level. Although this decision eliminates the enduring problem in encroachment law concerning the rights of the respective parties to the affected land where encroachments are not removed, it is reasoned in this note that the solving of this problem may have created another one. The decision is undoubtedly a step in the right direction, in so far as the court has attempted to provide clarity in terms of the rights to the encroached-upon land. However, the absence of authority either in terms of the common law or legislation to create a servitude in this context, indicates that courts should avoid orders of this nature because of their implications. If legislation is enacted to regulate building encroachments, it may be useful to explain what happens when the encroachment is not removed and it may also provide the required law of general application to prevent constitutional infringement. The legislation should specify the nature of the right acquired by the encroacher, which in the South African context should probably be a servitude created against the affected landowner’s property. This may ensure that the required authority exists for the creation of the servitude and would also provide the necessary justification to prevent the arbitrary deprivation of property. It is accordingly submitted that the unnecessary confusion that results from the inability to explain the outcome (or provide sufficient reason) on the one hand, and the possible constitutional infringement due to the lack of authority on the other, may therefore be cleared up by the suggested legislation.
Constitutional analysis of intellectual property
14 April 2014
North West University

Van der Walt, André J;Shay, Richard M

This article analyses the Constitutional Court’s treatment of property interests in the face of state regulation to gain an understanding of the type of state interference that is justifiable in terms of section 25(1) of the Bill of Rights. This is done by examining the Constitutional Court’s dicta relating to the meaning of deprivation and how these inform the meaning of property in the constitutional context. The methodology that the Constitutional Court has formulated to assess if state interference complies with the provisions of section 25 is explained to show the type of state regulation that has been found legitimate. We then consider how this understanding of constitutional property and the state’s legitimate exercise of its inherent police power interact in the setting of intellectual property by contrasting the various policy objectives underlying the different statutory regimes governing intellectual property. This theoretical analysis is then applied to two contemporary examples of feasible state interference with existing intellectual property interests, namely the proposed plain packaging measures which severely restrict the use of tobacco trade marks, and a fair dealing exception allowing the use of copyright works for the purpose of parody. These examples serve to illustrate the context and manner in which intellectual property interests may come before the Court and the necessary differentiation with which these interests should be treated. The appropriate judicial assessment of the true impact that state action could have on vested property interests is explained and contrasted with the balancing exercise that is employed at the earlier stage of policy making. This discussion is concluded by highlighting some of the interpretational issues that will arise and how some constitutional values could be curtailed in the absence of legislative intervention.
"Public purpose or public interest" and third party transfers
14 April 2014
North West University

Slade, Bradley Virgill

In this article the difference between public purpose and public interest in section 25(2) of the 1996 Constitution is considered. It is generally accepted that public purpose is a narrower category than public interest and that the distinction between public purpose and public interest does not make any practical difference. However, in this contribution it is suggested that the difference between public purpose and public interest makes no practical difference only in cases where expropriated property is used by the state for the realisation of a particular purpose. The difference between public purpose and public interest becomes more important when a particular expropriation also involves a third party transfer, since it indicates the level of scrutiny that the courts should apply in determining the lawfulness of the expropriation. When property is expropriated and transferred to a third party for the realisation of a public purpose, such as building and managing electricity plants, the lawfulness of the expropriation is not easily questioned. As such, the application of a rationality test to determine the legitimacy of the expropriation is generally easy to accept. However, this lenient approach cannot be as easily accepted where an expropriation and third party transfer takes place in the public interest. Examples of third party transfers in the public interest include land reform, slum clearance and economic development. In the examples of land reform and slum clearance the expropriation and third party transfer is usually authorised in legislation or, as is the case with land reform in South Africa, the 1996 Constitution. Because (as in the land reform example) the expropriation and third party transfer is authorised by the Constitution and regulated by legislation, the application of a rationality test to determine the legitimacy is acceptable. However, the application of a rationality test where property is expropriated and transferred to third parties for broader purposes such as economic development is problematic, especially if there is no specific legislation authorising such expropriation. Although an expropriation involving a third party transfer for purposes of economic development may well be in the public interest because it can lead to the creation of employment opportunities, it is argued that in the absence of specific legislation that authorises both the expropriation and the transfer of the property to third parties, the justification for the expropriation and the transfer is not entirely clear. Therefore, in the absence of a clear legislative scheme authorising the expropriation and transfer of property to third parties for the purpose of economic development, which can be said to fall within a very broad interpretation of the public interest requirement in section 25(2), the courts should apply a stricter scrutiny in evaluating its legitimacy.
Early roots of “coloured” poverty: How much can 19th century censuses assist to explain the current situation?
15 April 2014
North West University

Du Plessis, Sophia;Van der Berg, Servaas

The coloured population comprises almost 10 per cent of the South African population, earning only a slightly smaller proportion of national income. The average income of this group hides, however, startlingly large disparities in living standards. Their Gini coefficient has been rising, and depending on the data source one uses, appears to be close to or even above 0.60 – a level exceeded by few countries. Poverty levels are high; roughly one-quarter to one-third of all coloured people can be classified as poor, depending on the poverty line used. This poverty is in spite of the fact that during the apartheid era, coloureds were never subjected to quite the same levels of economic and socio-political discrimination as blacks and shared common languages and much of their culture with whites, which could have served as lubricant for social mobility into the middle class. Taking cognisance of these facts, the question arises why so many coloured people find themselves in a poverty trap. This paper takes a historical approach in an attempt to provide some pointers as to why poverty has remained so pervasive within this group. We present statistics on the socio-economic position of this population group, starting in 1865, when the first official census was conducted in the Cape Colony. We highlight information of interest wherever early censuses allow. This is followed by an examination of censuses and surveys dating from 1970 onwards, using micro datasets. Patterns of educational progress and exclusion are highlighted and compared with those of other groups, where possible and appropriate, because
Incomplete history curriculum? Teaching socio-environmental history in South African high schools. From an indigenous perspective.
19 May 2014
North West University

Kgari-Masondo, Maserole C

The article presents a challenge to the History high schools’ curriculum by depicting that among the secondary concepts currently used in the understanding of History in high schools in South Africa the socio-environmental concept has been ignored which poses a question of whether or not the high school History curriculum is complete. According to Jared Diamond, societies collapse due to diverse reasons but environment is key.2 Hence D Woster,3 W Cronon4 and N Jacobs argue that the environment does not just represent a historical backdrop, but is an agent in its own right, providing a “material base for the power to dominate others” as well as the “power to endure domination”.5 The case study of forced removals from Lady Selborne in 1961 and resettlement in Ga-Rankuwa in Pretoria demonstrates that forced removals from Lady Selborne did not only result in people losing their historical lands, material possessions, homes, history and their sense of being and connectedness but they also lost their attachment to their inheritance – the environment which resulted in their being apathetic towards environmental issues. Thus, the article proposes the inclusion of socio-environmental concepts in history which will provide a crucial step in terms of inculcating environmental activism and ethics among the youth of South Africa.
The year of jubilee: a hermeneutic for social and moral transformation in South Africa
19 May 2014
North West University

Barry, Stephen

This article aims to show that the Old Testament concept of the year of jubilee is neither an anachronistic, nor a peripheral de- tail of Scripture. It is an integral part of it and indeed one her- meneutical tool for interpreting and applying it to social and mo- ral transformation in South Africa. Israel, liberated from slavery and returning to God, became a paradigm for the liberated slave to return to his inheritance in the year of jubilee celebrated every 50th year. Its underlying concerns are: justice, freedom, human dignity and rights. Jesus clearly understood his mission in terms of the proclama- tion of “the year of the Lord’s favour” (Luke 4:14-21), and de- monstrated this by preaching good news to the poor, freeing the prisoners, restoring sight to the blind, and releasing the op- pressed. He linked the mission of his followers with his own and with the promise and gift of the Holy Spirit. Pentecost, seen as fulfilment and announcement of God’s promise, demonstrates that the kingdom of God is already here and still to come. The Book of Revelation gathers together this scriptural theme and presents the jubilee as good news for now and the future. Indeed, God’s future is presented as the ultimate jubilee. Although these institutions cannot be imposed on a secular democracy, there are implications here for holistic evangelism and mission as well as for social and moral transformation in South Africa. These implications, it is argued, should include a reference to the ‘missio Dei’ as Jesus expressed it: holistic evangelism; a commitment to the values and practices of restorative justice; restoration, healing and hope; economic justice and land re- form; ecological responsibility; and moral restoration.
Identity in South Africa: examining self-descriptions across ethnic groups
27 June 2014
North West University

Adams, Byron G.;Van de Vijver, Fons J.R.;De Bruin, Gideon P.

We examined identity indicators in free self-descriptions of African, Coloured, Indian, and White ethnic groups in South Africa. Based on trait theory, independence-interdependence, and individualism-collectivism, we predicted that the individualistic White group would have more independent and context-free identity descriptions than the other, more collectivistic groups. We did not expect differences across the four groups in terms of Ideological, Religious, Spiritual and Ethnic aspects of identity. Loglinear analyses of the coded self-descriptions largely confirmed expectations for the African and White groups, but less so for the Coloured and Indian groups. Overall, the study found a large number of cross-cultural similarities with independent, individualistic, context-free and Dispositional Descriptions prevalent in all groups. The most salient difference between the African and White groups was that the African group was more likely than the White group to specify target persons in relational self-descriptions. This suggests a stronger in-group-out-group distinction in the African group.
A decolonial "African mode of self-writing": The case of Chinua Achebe in Things fall apart.
28 July 2014
North West University

Mpofu, William

Against a background of arguments that Africa does not possess powerful modes of self-expression, the present paper explores Chinua Achebe’s Afrocentric literary vision that became his crowning reaction to colonialist imagination of Africa as an ahistorical and dark space that is bereft of humanity. Reactions to colonialist description of Africa have ranged, in the African academy, from the search for the origins of the name Africa to a critique of “the invention of Africa” after the colonial imaginary. Monumental research and writing has also been done on how in the transantlantic slavery of Africans and pursuant colonial settlement, Europe developed itself at the expense of Africa. Chinua Achebe has erected his work on a stubborn concern with the “image of Africa” as represented by colonialist and racist writers. This paper fleshes out Decolonial Critical Theory as its tool of reading and making sense of Chinua Achebe’s own decoloniality in defending Africa as a continent that has a wealth of history and humanity. The ability of Chinua Achebe to creatively appropriate the colonial English language and use it as a tool to rebuke Eurocentric imperialism and sensibility is understood as projecting a rebellious decoloniality and Afrocentricism that installs Achebe as one of Africa’s “whistle blowers against ideologies of Otherness.” It is a crowning argument of this paper that Achebe envisions, in terms of power and knowledge, a “world where other worlds are possible”, in so far as he gestures towards a conversation rather than a clash of civilisations in the globe.
The historical context of Land Reform in South Africa and early policies
28 July 2014
North West University

Kloppers, Henk J;Pienaar, Gerrit J

The need for the current land reform programme arose from the racially discriminatory laws and practices which were in place for the largest part of the twentieth century, especially those related to land ownership. The application of these discriminatory laws and practices resulted in extreme inequalities in relation to land ownership and land use. This article provides an overview of the most prominent legislation which provides the framework for the policy of racially-based territorial segregation. It further discusses the legislative measures and policies which were instituted during the period from 1991 to 1997, aimed at abolishing racially-based laws and practices related to land and which eventually provided the basis to the current land reform programme.
Introducing CSR - the missing ingredient in the Land Reform recipe?
28 July 2014
North West University

Kloppers, Henk J

In reaction to the unequal land ownership brought about by decades of apartheid, the first democratically elected government embarked on an extensive land reform programme - a programme consisting of the three constitutionally protected pillars: restitution, redistribution and tenure reform. The aim of this programme is not only to provide for restitution to persons who lost their land as a result of racially based measures, but also provide previously disadvantaged South Africans with access to land in order to address the unequal land ownership. This research focuses on the restitution and redistribution pillars of the land reform programme. The progress made in terms of both these sub-programmes has been disappointing. With reference to redistribution the government has set the target to redistribute 30% of white owned commercial agricultural land to black persons by 2014. To date, less than 10% of this target has been achieved and all indications are that the overwhelming majority of land which has been redistributed is not being used productively or have fallen into a state of total neglect. The state of the redistributed land can be attributed to a variety of causes, with the main cause being the government's inability to provide proper post-settlement support to land reform beneficiaries. Against this background it is clear that alternative options have to be identified in order to improve the result of land reform. This article identifies corporate social responsibility (CSR) as one of the missing ingredients in the recipe for a successful land reform programme. The article introduces CSR and discusses the business case for CSR; identifies its benefits; considers its possible limitations; and examines the major drivers behind the notion. From the discussion of these topics it will become evident that an assumption of social responsibility by businesses in especially the agricultural sector might contribute to an improved land reform programme.
Land as a "national asset" under the constitution: the system change envisaged by the 2011 Green Paper on land policy and what this means for property law under the constitution
28 July 2014
North West University

Mostert, Hanri

This paper takes a close look at some of the main tenets set out in the Department of Rural Development and Land Reform's Green Paper on Land Reform of 2011, specifically those that have a bearing on the creation of a new framework for land law. The purpose is to advance some suggestions as to how new statutory interventions can avoid being contested for unconstitutionality. The analysis focuses on the Green Paper's notion of land as a "national asset", questioning the meaning and implications of such a notion against the debate about nationalisation of important resources. In this context, the paper is critical of the perceived tendency to introduce reforms for the mere sake of political expediency. The guidelines for state interventions with property rights that would pass constitutional muster are deduced from (mainly) the decision of First National Bank of SA Ltd t/a Wesbank v Commissioner, South African Revenue Service; First National Bank of SA Ltd t/a Wesbank v Minister of Finance 2002 4 SA 768 (CC).
Improved investment performance using the portfolio diversification index
29 July 2014
North West University

Van Dyk, Francois;Van Vuuren, Gary;Styger, Paul

The residual variance method is the traditional method for measuring portfolio diversification relative to a market index. Problems arise, however, when the market index itself is not appropriately diversified. A diversification measurement (Portfolio Diversification Index), free from market index influences, has been recently introduced. This article explores whether this index is a robust and 'good' diversification measure compared with the residual variance method. South African unit trusts are diversification-ranked using the two measures and the results compared to the ranking results of several risk performance measures. Measuring relative concentration levels allows concentration risk to be effectively managed, thereby filling a gap in the Basel accords (which omit concentration risk).
Education and poverty linkage in Malawi: A district level analysis
10 September 2014
North West University

Steven Henry Dunga;Mmapula Brendah Sekatane

The need to reduce poverty in all its forms remains a priority around the world. The fact that countries with higher incidences of growth have an associated reduction in poverty levels is uncontested both in theory and in empirical findings. The channels through which growth results into poverty reduction are not clear. This study looks at education as a channel through which economic growth and poverty reduction are linked. Using data on districts in Malawi, we estimate a regression with the headcount poverty as a dependent variable and education at different levels as independent variables. The results show that there is a significant relationship between education qualification and poverty reduction at district level in Malawi. MSCE qualification has the highest coefficient, meaning that policies that would encourage attaining an MSCE (O-level equivalent) would have a more significant impact on poverty reduction than just attaining primary level qualification
An application of different methodologies for measuring poverty in Sharpeville Township
15 September 2014
North West University

Sekatane, Mmapula Brendah

In this article a more accurate methodology for the measurement of absolute poverty, developed by Slabbert, is discussed and compared to the methodology applied by Statistics South Africa in 2000 for the mapping of poverty in South Africa. When both methodologies were applied on the same set of data of Sharpeville Township, the poverty rate measured by the Slabbert method was over three times higher than the poverty rate measured by the Stats SA method (43.1% compared to 13.7%). The study shows that both the us e of a standard national poverty line as well as proxy incomes could lead to huge inaccuracies in the measurement of poverty. On the whole, the application of a less accurate method to measure poverty was found to lead to lower determined poverty rates. When the poverty rate is lower, it leads to a lower number of households and people that are being determined as poor (5,621 people were determined to be poor in Sharpeville by the Stats SA method, compared to 17,685 by the Slabbert method). This will lead to a totally different kind of action and degree of urgency in the formulation of policies aimed at the alleviation of poverty.
Poverty in a South African township: the case of Kwakwatsi
29 September 2014
North West University

Sekhampu, T.J.

South Africa’s world revered democratic transition lies more than a decade in the past, a period long enough to evaluate past achievements and challenges. The study reported here provides a snapshot like view of poverty in a South African township. The results are based on a household survey using questionnaires. Two poverty lines (lower and upper bound) developed by Statistics South Africa were used to measure poverty in the area; R322 per capita per month as the "lower-bound" poverty line and R593 per person per month as the "upper-bound" poverty line. Of the sampled households, 50% where found to be poor using the lower bound poverty line, and 77% when using the upper bound poverty line. On average, poor households have an income shortage of 56% of their poverty line when using the lower bound poverty line. From a policy perspective, developing an economy involves efforts that seek to improve the economic wellbeing and quality of life of all its inhabitants. A considerable number of people in the area fail to have a decent standard of living. Information provided through the study is at the household level and aims at highlighting poverty trends among urban residents in South Africa.
Positive adjustment to poverty: how family communities encourage resilience in traditional African contexts
08 October 2014
North West University

Theron, Linda Carol;Theron, Adam

In the main, resilience literature explains positive adjustment to adversity in ways that are biased towards western culture. Although studies of resilience among African Americans have reported the importance of kinship, a typically Africentric concept, no studies have explored how family communities promote youths’ positive adjustment, particularly in contexts of poverty. Family communities are a feature of traditional African culture and comprise extended family members, both alive and deceased. We draw on 14 case studies to illustrate how positive adjustment to poverty was facilitated by appreciative attachment to this community. Each case comprised a resilient black South African student who had adjusted well to the complex challenges associated with poverty. An inductive comparison of their resilience processes, as recounted by each participant in narrative and visual form, demonstrated how their positive adjustment was supported by resilience-supporting transactions within their family community. Specifically, expectation-dominated and example-focused transactions, arising from the family community’s accentuation of mutuality, supported resilience. As such, we conclude that black youth resilience follows communal pathways as emphasised by Africentric culture, in general, and kinship systems, in particular, but urge continued critical investigation of the influence of family communities on youths’ resilience.
Perceived causes of poverty of the post–apartheid generation
08 October 2014
North West University

Maseko, Nokwanda;Viljoen, Diana Joan

This paper analyses the perceptions of the causes of poverty using the Feagin Scale of Poverty Perceptions. A confirmatory factor analysis was conducted. It was found that the respondents viewed the causes of poverty as being more structural and individualistic than fatalistic.
Determinants of poverty in a South African Township
22 October 2014
North West University

Sekhampu, Tshediso Joseph

Strategies aimed at reducing poverty need to identify factors that are strongly associated with poverty and that could be influenced by policy changes. The study reported here used household level data to analyze determinants of household poverty in a South Africa Township of Bophelong. A Logistic regression was estimated based on this data with the economic status (that is poor and non-poor) as the dependent variable and a set of demographic variables as the explanatory variables. The results show that household size, age and the employment status of the household head significantly explain the variations in the likelihood of being poor. The age and employment status of the household head reduces the probability of being poor, whereas household size is associated with an increased probability of being poor. The strongest predictor of poverty status is the employment status of the household head.
Similarities and differences in implicit personality concepts across ethnocultural groups in South Africa
19 November 2014
North West University

Valchev, Velichko H.;Nel, J. Alewyn;Van de Vijver, Fons J.R.;Meiring, Deon;De Bruin, Gideon P.;Rothmann, Sebastiaan

Using a combined emic–etic approach, the present study investigates similarities and differences in the indigenous personality concepts of ethnocultural groups in South Africa. Semistructured interviews asking for self- and other-descriptions were conducted with 1,027 Blacks, 58 Indians, and 105 Whites, speakers of the country’s 11 official languages. A model with 9 broad personality clusters subsuming the Big Five—Conscientiousness, Emotional Stability, Extraversion, Facilitating, Integrity, Intellect, Openness, Relationship Harmony, and Soft-Heartedness (Nel et al., 2012)—was examined. The 9 clusters were found in all groups, yet the groups differed in their use of the model’s components: Blacks referred more to social-relational descriptions, specific trait manifestations, and social norms, whereas Whites referred more to personal-growth descriptions and abstract concepts, and Indians had an intermediate pattern. The results suggest that a broad spectrum of personality concepts should be included in the development of common personality models and measurement tools for diverse cultural groups.
Memories of forced removals: Former residents of the Durban Municipal Magazine Barracks and the Group Areas Act.
11 December 2014
North West University

Gopalan, Karthigasen

Two powerful phenomena around which people coalesce in the present, and which consequently give rise to notions of “community”, are recollections of historical suffering, and an affiliation to low income working class districts. Exploring both themes are particularly useful when looking at the experiences and the memories of the nearly three and a half million South Africans who were displaced from long standing settlements, beginning in the late 1950s as a consequence of the Group Areas Act. It has been argued that in response to being victims of land dispossession, many have created a counter narrative to the Apartheid justification of Group Areas. Over years this has led to the construction of romanticised memories of life before forced removals which has a profound influence on the way they see themselves today. While the motives and the broader political and economic impact of the Group Areas Act has been widely studied, it also crucial to look at these subjective experiences of ordinary South Africans and how they were both, impacted upon, and responded to forced removals in different ways. Historians trying to access this kind of information, not contained in official state records, are dependent on oral testimony and consequently human memory. Oral testimony does however present various methodological challenges. This paper is concerned with the subjectivities and fluidity of human memory, and focuses specifically on former residents of the Magazine Barracks, with their own unique experiences and interpretations of forced removals. Rather than seeing the fluidity of memory as only a limitation, looking at what former residents chose to speak about and what they chose to omit is also revealing about how they responded to the state laws imposed upon them. Built in 1880 to house Indian municipal employees of the Durban Corporation and their families, the severely overcrowded Magazine Barracks was home to over seven thousand people by the 1960s when it was evacuated and residents sent to Chatsworth. Despite poverty and very poor living conditions, former residents today speak nostalgically about the community that they had created and have very fond memories of growing up in the Magazine Barracks. They established numerous voluntary associations to promote cultural and welfare endeavours as well as many sporting bodies. Albeit the improved living conditions and economic opportunities that former residents of the Magazine Barracks were able to take advantage of after moving to Chatsworth, today some of them argue that if it were possible they would prefer to go back to way that they lived in the barracks.
The law and practice of criminal asset forfeiture in South African criminal procedure: a constitutional dilemma
21 January 2015
North West University

Basdeo, Vinesh

The deprivation of the proceeds of crime has been a feature of criminal law for many years. The original rationale for the confiscation of criminal assets at international level was the fight against organised crime, a feature of society described by the European Court of Human Rights as a "scourge" so that the draconian powers which are a feature of confiscation regimes around the world have been approved in circumstances which otherwise might have caused governments considerable difficulties before the international human rights tribunals. The primary objective of this article is to determine if the asset forfeiture measures employed in the South African criminal justice system are in need of any reform and/or augmentation in accordance with the "spirit, purport and object" of the South African Constitution. This article attempts to answer three questions. Firstly, why is criminal asset forfeiture important to law enforcement? Secondly, in which circumstances can property be forfeited and what types of property are subject to forfeiture? Thirdly, how is forfeiture accomplished, and what are its constitutional ramifications?
Unlawful occupation of inner-city buildings: a constitutional analysis of the rights and obligations involved
22 January 2015
North West University

Strydom, Janke;Viljoen, Sue-Mari

The unlawful occupation of inner-city buildings in South Africa has led to a number of legal disputes between vulnerable occupiers and individual landowners that highlight the conflict between individuals' constitutional right not to be evicted in an arbitrary manner and property owners' constitutional right not to be deprived of property arbitrarily. The cause of this tension is a shortage of affordable housing options for low-income households in the inner cities, a fact which shows that the state is evidently struggling to give effect to its housing obligation embodied in section 26(1) and (2) of the Constitution. In the majority of cases the courts assume that any interference with private landowners' rights beyond a temporary nature would be unjustifiable, but they do this without undertaking a proper constitutional analysis to determine whether a further limitation of the individual landowner's property rights might be justifiable and non-arbitrary in the circumstances of each case. In general the courts can allow, suspend or refuse the eviction of unlawful occupiers, provided that the order does not amount to an arbitrary deprivation of property. Nevertheless, in some instances the arbitrary deprivation of property is unavoidable, despite the court's best efforts to protect property entitlements. These eviction cases show the limits of the courts' powers both to provide adequate solutions to protect owners' property rights and to give effect to the constitutional housing provision. In the light of three eviction cases, namely Blue Moonlight, Modderklip and Olivia Road, this article explains the role of the court and the local authority, together with the entitlements and social obligations of inner-city landowners within the framework of the property clause, in order to analyse the constitutionality of the courts' decisions and to suggest ways in which the inner-city housing shortage may be addressed more effectively. This article also considers how two foreign jurisdictions, namely England and the Netherlands, have managed the precarious relationship between urban landowners – who often allow buildings to decay and stand vacant – and the homeless. These jurisdictions provide innovative alternatives to the expropriation of the ownership of private inner-city properties for housing purposes. Similar measures, tailored to accommodate the South African constitutional, economic and socio-economic landscape, may be a welcome addition to the existing statutory powers of the local authorities tasked with combatting homelessness in urban areas.
Economic empowerment zone programmes in Soweto, South Africa: a case of urban renewal projects
03 February 2015
North West University

Mzini, L.B.;Maoba, S.P.

The Constitution of the Republic of South Africa stipulates guidelines for local government functions. Section 152, of the Constitution lists six objectives of local government. According to the six objectives, local government is required to promote social and economic development for its communities. In South Africa, this objective is met through urban renewal projects, among others. Urban renewal is an economic engine and a reform mechanism for the growth and development of local government. Urban renewal projects comprise of Economic Empowerment Zone (EEZ) programmes. In Soweto, EEZ is delivered by the City of Johannesburg (CoJ) through the Department of Economic Development. Ten EEZ programmes were initiated in the CoJ. These programmes are designated by law that focuses on historically under-developed areas. The programme aims to empower poor persons, particularly the Small, Medium and Micro Enterprises (SMMEs) to become self-sufficient. The programme package includes job creation and resources and business opportunities for the most economically distressed areas of South Africa. In Soweto, the programme aims tofoster increased investment, business formation and business expansion. Globally, unemployment is one of the most important challenges facing poor people. The promotion of SMMEs has become an objective across government departments in a developmental state. Urban renewal projects have their successes and failures. This article evaluates the EEZ programme and the perceptions of the beneficiaries in Soweto. Theoretical analysis and empirical surveys will be conducted. A series of recommendations will be offered towards increased performance of EEZ programmes.
Socio-economic determinants of poverty amongst female-headed households in a South African Township
12 March 2015
North West University

Tshediso Joseph Sekhampu

The study reported here used household level data to analyse determinants of household poverty amongst female -headed households in a South African Township of Bophelong. Poverty is defined and then measured for the sampled population. A Logistic regression was estimated based on this data with the economic status (that is poor and non-poor) as the dependent variable and a set of demographic variables as explanatory variables. The results show that household size, the age and employment status of the head of household significantly explain variations in the likelihood of being poor. Household size was positively associated with the probability of being poor, whereas the age and employment status of the head of the household reduces the probability of being in the poor category. It is of interest to note that the educational attainment of the household head is not important in reducing the chances of being a poor household. Information provided through this study is at household level and extends on existing findings on poverty in South Africa by modelling and determining the various socio-economic and demographic household level indicators responsible for female poverty.
'n Nuwe benadering tot grondhervorming as n ontwikkelingsfaktor in die Suid–Afrikaanse politieke landskap
19 March 2015
North West University

Van der Elst, Herman

In its 1994 election manifesto (the Reconstruction and Development Programme - RDP) the African National Congress (ANC), undertook, if elected, to ensure that pro-active land reform takes place in post-apartheid South Africa. The RDP elaborated on the legacy of apartheid as a key cause of the current skewed pattern of land ownership in South Africa as well as the importance of ownership of land for the African people. For this reason the manifesto emphasised that land reform must be one of the key transformation priorities for the new Government in order to rectify the wrongs of the past. In terms of post-apartheid land reform arrangements there would be a specific focus on the following aspects: • Returning land to those that lost their property as a result of apartheid legislation since 1913; • Redistributing land to those that were denied the opportunity to become land owners or right of residence. Against the background of these objectives the post-apartheid land reform aim of the RDP was to ensure the enforcement of justice, poverty relief to the poorest of the poor and the creation of a situation of sustainable development. In 2012 the reality is, however, that land reform has only partially been effective. Eighty seven per cent of all arable land is still owned by white commercial farmers, redistribution is slow and sustainable development is not taking place. The majority of the South African population, in specifically the rural areas, are still exposed to extreme poverty and continued underdevelopment. At the ANC's June 2012 policy conference this partial effectiveness of land reform since 1994 was recognised. To overcome this situation a so-called new approach to land reform was called for. There was consensus that the functional processes of land reform must be changed drastically. This must be done in order to speed up the pace of redistribution, simultaneously ensuring that sustainable development and poverty reduction continue after land has been transferred to beneficiaries. The urgency of implementing the new approach was expressed as follows in the land reform policy discussion document of June 2012 (South Africa 2012:2) : "Land reform must represent a radical and rapid break from the past without significantly disrupting production and food security. " At this stage the exact format, content and implications of this "radical and rapid break" is, however, uncertain. In the advent of the ANC's December 2012 leadership elections it can be expected with certainty that many key aspects of the current land reform arrangements will be reviewed, changed or even scrapped in order to speed up the process. This assumption also serves as rationale behind this research. It is firstly the purpose of this article to analyse descriptively the unfolding, scope and progress of land reform in South Africa since 1994. In order to achieve this objective the article focuses on the following key aspects: • The rationale behind the current format of land reform; • The land reform policy and legislative objectives; • The land reform implementation procedures; • A holistic perspective on the progress made thus far; and • The identification of the weaknesses and strong points of land reform since 1994. Through this analysis the article will secondly identify the shortcomings in the current process. Against the above-mentioned background an attempt will lastly be made to provide a scenario perspective with regard to the unfolding of this so-called new approach. An emphasis will be placed on the identification of possible key functional policy and implementation arrangements that might change after 2012.
Social protection in Lesotho: innovations and reform challenges
13 May 2015
North West University

Olivier, Marius

Given its current socioeconomic conditions and fiscal ability, Lesotho has achieved an impressive record in creating a basic social assistance and social protection system, informed by political commitment and through budget reprioritisation. It has set up and administered near universal schemes operating at scale with fairly low transaction costs, addressing core areas and serving vulnerable constituencies – including the aged, orphaned and vulnerable children and children of school-going age. A contribution-based comprehensive national social security scheme to provide coverage for Lesotho workers and their families is also planned. Nevertheless, the task of providing adequate social protection coverage faces systems and delivery challenges; several human development indicators have worsened, and most of the Millennium Development Goals are far from being achieved. There is scope for creating greater fiscal space by establishing a compulsory national contributory scheme, and donor support in the short to medium term is inevitable
When does State Interference with Property (now) Amount to Expropriation? An Analysis of the Agri SA Court's State Acquisition Requirement (Part I)
24 June 2015
North West University

Marais, Ernst Jacobus

Section 25 of the Constitution provides two ways in which the state may interfere with property rights, namely deprivation (section 25(1)) and expropriation (section 25(2)). As only the latter requires compensation, there is an incentive for property holders to label any infringement upon their property as expropriation in the hope of being compensated for their losses. It is therefore essential to have a principled distinction between these two forms of state interference, especially given the danger that uncertainty in this regard can hold for legitimate land reform initiatives, which often entail severe limitations on property. In the Agri SA case the Constitutional Court recently revisited this distinction and held that the distinguishing feature of expropriation is that it entails state acquisition of property. Two aspects of this judgment are worthy of consideration. Firstly, the centrality of acquisition makes it necessary to clarify its meaning and role in our law. Secondly, the Court's effect-centred test to establish whether acquisition took place appears incapable of coherently categorising property infringements that fall within the grey area between deprivation and expropriation. To address these two questions this article is divided into two parts. Part I investigates the meaning and role of state acquisition in South African law. Pre-constitutional expropriation law reveals that expropriation is an original method of acquisition of ownership and that the objects of expropriation include ownership, limited real rights, and certain personal rights, which correspond to the meaning attributed to this requirement in Agri SA. However, post-constitutional judgments diverge from pre-constitutional law regarding the role of state acquisition, where it was merely regarded as a general hallmark of expropriation. After Agri SA state acquisition is (now) the "key feature" that distinguishes expropriation from deprivation. A brief analysis of Australian constitutional property law shows that the meaning attached to "acquisition" in that jurisdiction is broadly similar to the construction placed upon the term in South African law, which explains why the expropriation of limited real rights (as well as the extinguishment of claims in certain cases) amounts to acquisition of property. The jurisprudence of the Australian High Court also sheds light on one of the factors laid down in Agri SA for determining whether or not acquisition took place, namely the source of the affected right. It also confirms another aspect of pre-constitutional South African expropriation law, namely that whether a property interference results in expropriation or not does not depend only on whether or not acquisition occurred. In dealing with these considerations Part II of this article expands on the shortcomings of confining the expropriation question to whether or not acquisition took place. It then suggests an alternative approach to state acquisition, one which focuses on the purpose of the impugned statute, as opposed to its effect, as was done by the Constitutional Court in Harksen.
When does State Interference with Property (now) Amount to Expropriation? An Analysis of the Agri SA Court's State Acquisition Requirement (Part II)
24 June 2015
North West University

Marais, Ernst Jacobus

Section 25 of the Constitution provides two ways in which the state may interfere with property rights, namely deprivation (section 25(1)) and expropriation (section 25(2)). As only the latter requires compensation, there is an incentive for property holders to label any infringement with their property as expropriation in the hope of being compensated for their losses. It is therefore essential to have a principled distinction between deprivation and expropriation, especially given the danger that uncertainty in this regard can hold for legitimate land reform initiatives, which often entail severe limitations on property. This contribution attends to Agri South Africa v Minister for Minerals and Energy 2013 4 SA 1 (CC), where the Constitutional Court recently revisited this distinction and held that the distinguishing feature of expropriation is that it entails state acquisition of property. Without state acquisition the interference can (at most) amount to deprivation. Unfortunately, viewing state acquisition as the "key requirement" for expropriation is problematic. Firstly, it ignores the true nature of this feature in that it is only a consequence of a valid expropriation rather than a pre-requisite for it – at least in terms of pre-constitutional law. It is therefore inaccurate, concerning both pre- and post-constitutional expropriation case law, to regard acquisition as an indispensable requirement for expropriation. Secondly, limiting the constitutional property inquiry to whether or not the state acquired property appears inadequate as a means of solving difficult cases where the state acquires property pursuant to infringements like taxation and criminal forfeiture. As both these examples result in state acquisition, there must be another explanation of why they do not amount to expropriation.
"Just Piles of Rocks to Developers but Places of Worship to Native Americans" - Exploring the Significance of Earth Jurisprudence for South African Cultural Communities
24 June 2015
North West University

Ratiba, Matome M

Throughout the years cultural communities across the world have borne witness to many unending attempts at the destruction of their places of worship. This endemic problem has arisen in a number of places, such as in the USA and in most of the world's former colonies. Having been colonised, South African cultural communities have experienced the same threats to their various sacred sites. This article seeks to argue and demonstrate that cultural communities in South Africa stand to benefit from the properly construed and rich earth jurisprudence arising out of the courtroom experiences of some of the cultural communities identified elsewhere in the world. It also proposes several arguments peculiar to South Africa which could be advanced by cultural communities seeking to protect their sacred lands.
Critical challenges of the South African school system
09 July 2015
North West University

Mouton, Nelda;Louw, G.P.;Strydom, G

The emphasis in the new curriculum after 1996 in South Africa was placed on the transition from the traditional aims and objectives approach to Outcomes-based education (OBE) and Curriculum 2005. This paradigm shift was interpreted as a prerequisite for achievement of the vision of an internationally competitive country. When analysing the school system in South Africa it became clear that the education system was flawed, with poorly performing teachers, poor work ethics, lack of community and parental support, poor control by education authorities, poor support for teachers and very low levels of accountability. These factors further spilled over into the morale of learners and could be seen in the lack of discipline, brutal violence in schools, low moral values, truancy, absenteeism, late coming and high dropout rates from Grade 1 to Grade 12 and very poor performance in essential areas such as Mathematics and Literacy. Citizens in historically disadvantaged areas tend to become victims of poverty, gangs and drug abuse. These factors further blend with the evil of politics in South African schools which are furthermore plagued by various forms of corruption and socio-economic challenges. Eighteen years after the end of the apartheid dispensation, apartheid is still blamed by many for any real or imagined ills in society, but the reality is that there is no political will to enforce the law or to meet public expectations of accountability, efficiency and delivery. In the light hereof, recommendations are proposed that will address these challenges. The critical message of this article will convey that the fact of the matter is that learner enrolment is not the same as attendance and attendance does not imply learning. Therefore, teaching in South Africa must become a profession of preference and pride as opposed to the present very lackadaisical attitude.
Land tenure insecurity, vulnerability to climate-induced disaster and opportunities for redress in southern Africa
24 July 2015
North West University

Chagutah, Tigere

Land tenure is an important variable impacting on vulnerability to climate-related disaster. Land tenure insecurity is widespread in southern Africa and manifests itself in a number of ways that accentuate vulnerability to climate change impacts. Insecure tenure is seen to heighten vulnerability against growing demand for land for residential purposes and working space in urban areas while in the rural areas insecure tenure militates against diversified livelihoods and hinders investment in appropriate technologies and uptake of sound environmental management practices. Using the focused synthesis method, this article (1) maps the intersections between land tenure insecurity and vulnerability to climate induced disaster in southern Africa; and (2) identifies the opportunities tenure reforms hold for vulnerability reduction in a region predicted to suffer widespread impacts from climate change. The paper contends that land tenure is a critical component of the milieu of factors – economic, social, cultural, institutional, political and even psychological – that are known to shape vulnerability and determine the environment that people live in. The study finds that land tenure reforms can help to reduce vulnerability and enhance community resilience to climate change. In this regard, the article outlines how tenure reforms can help build diverse household livelihoods, improve environmental management, particularly in the rural areas, and encourage investment in robust housing and safe neighbourhoods among the urban poor – all of which are integral to the region’s response to climate change.
Managing corporate identities of non-profit organisations in the social welfare sector
24 July 2015
North West University

Holtzhausen, Lida

Present-day South Africa is characterised by many societal and developmental issues, such as HIV awareness and prevention, child-headed households, environmental protection, poverty alleviation, violence and victim aid. However, it is widely acknowledged that government alone cannot address these issues effectively. The role of non-profit organisations (NPOs) in addressing social and development issues is increasingly emphasised. NPOs work at grassroots level and they can therefore, on the whole, identify societal vulnerabilities and risks earlier than the government sector. However, due to the economic recession, NPOs operate in a competitive environment where an increasing number of NPOs rely on a small number of donors and other resources. NPOs should therefore differentiate themselves from the competition in order to obtain public legitimacy and funding. Corporate identity management is important for NPOs to fulfil their role in social welfare and thus contribute to disaster risk reduction. The exploratory nature of this study dictates a qualitative research approach. Semi-structured interviews with management of five NPOs in the social welfare sector were conducted in order to provide an answer to the study’s research question: ‘To what extent do NPOs in the social welfare sector practise corporate identity management, in order to prevent and address social welfare risks?’ The research found that NPOs do not realise the full potential of managing their corporate identities. NPOs therefore do not take advantage of a strong and distinct corporate identity which would allow them to ensure their ability to assess, address, reduce and/or alleviate vulnerabilities and disaster risks.
Progressive aspect and stative verbs in Outer Circle varieties
24 November 2015
North West University

Van Rooy, Bertus

The extension of the progressive form to stative verbs is a widely discussed feature of Outer Circle varieties of English. This paper examines the semantics of the stative progressive in three corpora, representing spoken and written Indian (IndE), Kenyan (KenE) and Black South African English (BSAfE). The results reveal that the progressive form is used more frequently in spoken than written data, and most frequently in BSAfE, followed by KenE, and then IndE. All three Outer Circle varieties use the progressive form proportionally more often with stative verbs than British English. The main use of the progressive form is to convey a sense of extended duration. This Outer Circle prototype is termed an on-going state, and clearly differs from the sense of a temporary state, which is prototypical for Inner Circle varieties. There are nevertheless a substantial minority of limited duration (temporary state) uses, especially in the written data, but at the same time, a number of examples where the progressive conveys the sense of states with unlimited duration, especially in BSAfE and the spoken data. The main conclusion is that the progressive is not simply extended to stative verbs, as is argued by many previous researchers, but rather that of a different prototype, of extended duration, sanctions a wider range of uses of the progressive form with dynamic verbs and stative verbs alike.
People believe that they are prototypically good or bad
21 January 2016
North West University

Roy, Michael M.;Liersch, Michael J.;Broomell, Stephen

People have been shown to view their beliefs as being prototypical (modal) but their abilities as (falsely) unique (above or below average). It is possible that these two viewpoints – self as prototypical and self as unique – can be reconciled. If the distribution of ability for a given skill is skewed such that many others have high (low) ability and few others have low (high) ability, it is possible that a majority of peoples’ self-assessments can be above (below) average. Participants in 5 studies demonstrated an understanding that various skills have skewed ability distributions and their self-assessments were related to distribution shape: high when negatively skewed and low when positively skewed. Further, participants tended to place themselves near the mode of their perceived skill distribution. Participants were most likely to think that they were good at skills for which they thought that most others were also good
Emotion episodes of Afrikaans-speaking employees in the workplace
03 February 2016
North West University

Van der Merwe, Althea;Jonker, Cara S.

Orientation: Emotions must be investigated within the natural contexts in which they occur. It therefore becomes crucial to study episodes in the workplace. Research purpose: The objective of this study was to determine the positive and negative emotion episodes and frequencies of working Afrikaans-speaking adults. Motivation for the study: To date, no study has been conducted to determine emotion episodes amongst White Afrikaans-speaking working adults in South Africa. Gooty, Connelly, Griffith and Gupta also argue for research on emotions in the natural settings in which they occur – the workplace. Research design, approach and method: A survey design with an availability sample was used. The participants (N = 179) consisted of White Afrikaans-speaking working adults. The Episode Grid was administered to capture the emotion episodes. Main findings: The main emotion episodes reported on with positive content included goal achievement, receiving recognition and personal incidents. Emotion episodes with negative content included categories such as behaviour of work colleagues, acts of boss/superior/management and task requirements. Practical and/or managerial implications: The findings are useful for managers who want to enhance the emotional quality of the work-life of employees. Changes could be made, for example, to practices of giving recognition within work environments and the clarification of task requirements. The knowledge on emotion episodes could be very useful in planning interventions. Contribution and/or value-adding: The findings and results of this study provided insight into emotion episodes as events in the workplace can cause positive and negative workplace experiences. This information should be taken into consideration with regard to wellness and emotion measurement efforts
An intergenerational perspective on risk and protective factors in multi–problem poor families living in Cape Town
12 February 2016
North West University

Van der Merwe, Mariette;Hope, Jackie

At the time of the research the first author was employed as a social worker at a welfare organisation in the Cape Peninsula with a case load of over 300 clients. About 30 of these cases were multi-problem families who had been receiving social work services over at least three generations. The concern was that these multi-problem poor families seemed to be immobilised and found it difficult to break out of the cycle of poverty and welfare dependency
From Waarburg to Matjieskuil: investigating an old Cape Farm
21 April 2016
North West University

Burden, Matilda

Problems and misconceptions with regard to old Cape farms are often the result of assumptions made on the basis of the present names of those farms. The way farms are divided and added to and the crucial matter of which part contains the original name and the original buildings, result in these problems. In this article an investigation of the farm Matjieskuil, situated in the district of Paarl, serves as a case study to illustrate the danger of assumptions, but it also illustrates the wealth of information that can be exposed when archival sources are scrutinised. The focus of the article is on the ownership of the farm and the architecture of the manor house, as part of the total history of the farm Matjieskuil, previously known as Waarburg. The land was granted to Hercules van Loon in 1701, who called the farm Waarburg. Since then the sequence of owners, the variation of the size of the land, the farming activities and the history of buildings on the property have formed a story typical of the settlement at, and development of the Cape of Good Hope
Ubuntugogy for the 21st century
29 April 2016
North West University

Van der Walt, Johannes Lodewicus

The state of community life in general, and of education in particular, in Africa south of the Sahara (henceforth also referred to as the sub-continent) seems to indicate that Africans have failed somewhat in their efforts to provide for themselves lives of good quality. Malala's (1) complaint that the African century has failed to dawn can be ascribed inter alia to the fact that sub-continental Africans seem not to have mastered the art of peaceful coexistence. (2) Life in this part of the world has for decades now been characterized by wars, violence, soaring crime rates and delinquent behavior, also in the more subtle forms of sexism, xenophobia, selfishness, collapse of family life, a growing gap between the rich and the poor, corruption and racism. (3) Such conditions are detrimental to the quality of personal and communal life. (4) Similar conditions prevail in schools. In many areas, life in schools has been characterized by violence, destruction of property, laziness, a lack of punctuality, weak performance, learner and teacher delinquency and self-centredness--in brief, by a general lack of moral literacy. (5) This portrayal of life on the sub-continent does not sit well with the precepts of the traditional African philosophy of life known as Ubuntu (in the Nguni languages; Botho in the Sotho languages, Hunhu in Shona, Bisoite in Lingala-Baluba, Ujamaa in Kiswahili, Harambee in Kenya). (6) According to Ubuntu, a person is who s/he is only because of the existence of others and because of his/her coexistence with them. If this is indeed the world-view according to which the people of the sub-continent live, why do we then find the inhabitants of the Sudan, Zimbabwe, Kenya, South Africa, Liberia, the Democratic Republic of the Congo, the Ivory Coast, Sierra Leone, Western Sahara, Ethiopia, Eritrea, Somalia and Guinea-Bissau (to mention only a few of the hotspots) to seemingly have lost sight of this sentiment? Why has Ubuntu failed to inspire the people of the sub-continent towards peaceful coexistence and democracy? Failure to live according to the precepts of Ubuntu constitutes a threat to the freedom of the people. (7) Similar perpetrations also occur in other parts of the world. They are a function of how the respective life-views impact on people, their morality and their behavior. Unfortunately, we have to confine our attention to the situation in Africa. It is not the purpose of this article to harp on the negative conditions prevailing on the sub-continent or on the perceived failure of its inhabitants to live according to the tenets of Ubuntu. Neither is its purpose to once again proclaim the already well-known virtues of Ubuntu as a potential contributor to enhanced quality of life. Instead, the purpose of this paper is to consider the possibility of Ubuntugogy being a more suitable approach for sub-Saharan Africa than typical Western-style colonial education. While having borrowed the term 'Ubuntugogy' from Bangura, (8) I shall follow his lead only partially. I shall argue that two sets of changes have to be made to render Ubuntugogy more amenable to the demands of the modem, globalized, urbanized and industrialized circumstances on the African subcontinent. Firstly, Ubuntu, that is the life-view that forms the sub-stratum of Ubuntugogy, has to be updated, modernized or reconstructed to put it more in line with the demands of 21st century life. Secondly, while the notion of Ubuntugogy in itself remains attractive as a return to the classic past of Africa, it also needs filling with more appropriate content. It needs a global format to be able to address the needs of modern sub-continental Africans. (9) Because of their traditional tribal limitations, a simple return to Ubuntu and Ubuntugogy will not pass muster in modern African societies. Pedagogical input from the northern hemisphere has to be included in the new approach. Ubuntu and Ubuntugogy also need filling with new moral content. …
International labour and social security standards: a developing country critique
13 June 2016
North West University

Olivier, Marius Paul

Emphasizing the need for international standards to appreciate the realities of developing countries, the contribution highlights some of the problems experienced in this context: weak ratification of international labour and social security instruments, the lack of appropriate standards and coverage as regards informal economy workers, inadequacies in the material sphere of coverage emanating from these standards, and deficiencies in respect of standard-setting and -enforcement. It suggests that there is need for a reorientation and reconceptualization of international labour and social security standards, supported by a change in approach to assist developing countries in achieving outcomes that are aligned with international standards, and involving those affected by the extension debate in the design of appropriate standards and interventions.
Authentic happiness of managers, and individual and organisational outcomes
24 June 2016
North West University

Swart, Johannes;Rothmann, Sebastiaan

The aim of this study was to investigate managers' orientations to happiness and the relationship thereof to individual and organisational outcomes. A cross-sectional survey design was used with managers in the agricultural sector in South Africa {N = 507). The Orientations to Happiness Questionnaire (Revised), Satisfaction with Life Scale, Affect Balance Scale, Job Satisfaction Scale, Organisational Commitment Scale, and Organisational Citizenship Behaviour Scale were administered. The results showed that orientations to happiness (i.e. pleasure, meaning and engagement) had strong direct effects on subjective well-being, job satisfaction and organisational citizenship behaviour. Orientations to happiness also impacted job satisfaction and organisational commitment indirectly through subjective well-being. Subjective well-being had a strong direct and positive effect on job satisfaction, as well as a positive indirect effect on organisational commitment.The results build on the knowledge regarding individual and organisational outcomes of authentic happiness
Bayesian evaluation of informative hypotheses in SEM using Mplus: a black bear story
27 June 2016
North West University

Hoijtink, Herbert;Verhoeven, Marjolein;Van de Schoot, Rens

Half in jest we use a story about a black bear to illustrate that there are some discrepancies between the formal use of the p-value and the way it is often used in practice. We argue that more can be learned from data by evaluating informative hypotheses, than by testing the traditional null hypothesis. All criticisms of classical null hypothesis testing aside, the best argument for evaluating informative hypotheses is that many researchers want to evaluate their expectations directly, but have been unable to do so because the statistical tools were not yet available. It will be shown that a Bayesian model selection procedure can be used to evaluate informative hypotheses in structural equation models using the software Mplus. In the current paper we introduce the methodology using a real-life example taken from the field of developmental psychology about depressive symptoms in adolescence and provide a step-by-step description so that the procedure becomes more comprehensible for applied researchers. As this paper illustrates, this methodology is ready to be used by any researcher within the social sciences
The significance of Basotho philosophy of development as expressed in their proverbs
29 June 2016
North West University

Seema, Johannes

This article examines Basotho indigenous knowledge systems particularly in the way that they are embedded in proverbs, as containing a philosophy of their development. It seeks to analyse the pre-colonial Basotho’s perspective with regard to the question of development as expressed in their arts and beliefs. There has always been an artistic relationship between Basotho art and their life and this article is mainly based on the assumption that Basotho oral art is used to formulate models of their development. Particular references will be given to the socio-economic aspects of Basotho development and how this is outlined in their proverbs. The article will also argue that the philosophy of Botho/Ubuntu and Basotho communalism that is outlined in their proverbs contributed very much to their development. Finally the article will argue that there is much to draw on from Basotho proverbs that can be used to solve the Basotho’s numerous problems, especially the socio-economic problems
A comparison of lexical specificity in the communication verbs of L1 English and TE student writing.
30 June 2016
North West University

Partridge, Maristi

Although verbs play a pivotal role in the construction and understanding of clauses, lexical specificity is rarely investigated in this class. Instead researchers prefer to investigate lexical specificity in the noun class. It is important that lexical specificity be investigated in the verb class, as it can provide important insights into speakers’ linguistic knowledge. The aim of the study was to investigate specificity in the communication verbs in two corpora: the Louvain Corpus of Native English Essays (LOCNESS) which is made up of texts written by a subpopulation of first language (L1) English users and the Tswana Learner English Corpus (TLE)2 which is made up of texts written by a subpopulation of Setswana English (TE) users. The results (interpreted from a broadly systemic functional cognitive perspective) indicated that there is less lexical specificity in the communication verbs of TE users than L1 English users
Bayesian evaluation of inequality–constrained hypotheses in SEM models using Mplus
01 July 2016
North West University

Van de Schoot, Rens;Hoijtink, Herbert;Hallquist, Michael N.;Boelen, Paul A.

Researchers in the behavioral and social sciences often have expectations that can be expressed in the form of inequality constraints among the parameters of a structural equation model resulting in an informative hypothesis. The questions they would like an answer to are “Is the hypothesis Correct” or “Is the hypothesis incorrect?” We demonstrate a Bayesian approach to compare an inequality-constrained hypothesis with its complement in an SEM framework. The method is introduced and its utility is illustrated by means of an example. Furthermore, the influence of the specification of the prior distribution is examined. Finally, it is shown how the approach proposed can be implemented using Mplus
Coping with job insecurity: exploring effects on perceived health and organizational attitudes
04 July 2016
North West University

Richter, Anne;Sverke, Magnus;De Witte, Hans;Naswall, Katharina;De Cuyper, Nele;Hellgren, Johnny

Purpose – The purpose of the present paper is to investigate how employees’ coping (problem, emotion and avoidance focused coping) may affect the reactions to job insecurity. Because the coping investigated in the present study addresses the stressor in different ways, the authors expect different moderating effects depending on the type of coping, which results in three different hypotheses. Design/methodology/approach – A sample of 579 Swedish accountants was used to test these hypotheses via surveys. Findings – The findings support the authors’ assumptions that emotion focused coping weakened the relation of job insecurity and some of the outcomes. Both avoidance and problem focused coping strengthened the relation between job insecurity and some of the outcomes. Research limitations/implications – As this study utilizes cross-sectional data and only one occupational group, it is important to test the relations using longitudinal data with different occupational groups in future research. Practical implications – From these results some practical conclusions can be drawn as to which coping forms might be more beneficial, which can be helpful for organizations in order to develop intervention programs. Originality/value – This study expanded the understanding of coping in the context of job insecurity by testing different forms of coping and including a variety of important outcomes of job insecurity
A critical review of studies of South African youth resilience, 1990–2008
05 July 2016
North West University

Theron, Linda C.;Theron, Adam M.C.

Given the growing emphasis in research and service provision on strengths rather than deficits, the focus on youth support in the South African Children’s Act of 2005 and the lack of educational, therapeutic and other resources for most South Africans, insight into, and transdisciplinary commitment to, resilience is crucial. Resilience, or the phenomenon of ‘bouncing back’ from adversity, is common to societies that grapple with threatened well-being. Increasingly, international resilience studies have suggested that the capacity to rebound is nurtured by multiple resources that protect against risk and that these resources are rooted in culture. In this paper, we critically reviewed 23 articles that focus on South African youth resilience, published in academic journals between 1990 and 2008. By broadly comparing South African findings to those of international studies, we argued for continued research into the phenomenon of resilience and for a keener focus on the cultural and contextual roots of resilience that are endemic to South Africa. Although international resilience research has begun to match the antecedents of resilience to specific contexts and/or cultures, South African research hardly does so. Only when this gap in youth resilience research is addressed, will psychologists, service providers, teachers and communities be suitably equipped to enable South African youth towards sustained resilience
Concern regarding the "debt" created by rule 14.10.9 of the government employees' pension fund rules
27 July 2016
North West University

Marumoagae, Motseotsile Clement

This paper highlights the prejudicial effect of the rule within the rules of the Government Employees Pension Fund (GEPF), which allows this fund to create a "divorce debt" for its member when the court has ordered that part of such a member's pension interest be paid over to his or her spouse. I argue that this debt is in fact a loan which is provided to the member, which he or she would be expected to pay when he or she exits the fund, with interest. This is despite the fact that the rules of the GEPF do not permit the granting of loans to its members. I argue that the creation of such a loan has the effect of diminishing the GEPF's member’s benefits, and thus threaten his or her social security, and can lead to the member becoming unable to provide for himself or herself when he or she reaches retirement age.

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