7490 research outputs found
Sort by
The legality of euthanasia conducted by medical practitioners
Get PDFEuthanasia remains a contentious subject of debate in countries around the world and in South Africa. The South African court system has been faced with requests for the decriminalisation of euthanasia. However, it remains illegal to practice euthanasia in South Africa. This is set by common law as there is no legislation formally regulating euthanasia. Euthanasia provides relief from suffering for patients with terminal illnesses that cause severe suffering and a decrease in their quality of life. Individual autonomy is recognised as patients are given the ability to choose how to end their lives once they make the decision to terminate their lives. In this study, an examination on physician-assisted euthanasia and its current legal position in South Africa will be conducted. Key terms are defined, such as euthanasia - distinguishing active and passive euthanasia as well as physician-assisted suicide. South African law permits the withdrawal of life-sustaining treatments which may be viewed as passive euthanasia. This is done with the consent of the patient and the medical practitioners involved are not held criminally liable should the withholding of treatment cause the death of the patient. Relevant constitutional rights will be examined to make a case for the legalisation of physician-assisted euthanasia. These rights include the right to dignity, the right to life, the right to equality, the right to freedom of religion, belief and opinion, and the limitation clause. Common law, case law and statutory law will also be considered. The recommendations of the South African Law Commission in its report (project 86) will be examined as well. An analysis will be conducted on how foreign jurisdictions have accepted physician-assisted euthanasia and implemented legislative measures to safeguard and regulate how medical practitioners practice it. Canada is an example of such a jurisdiction and an analysis has been conducted on how courts in Canada have made a case for the decriminalisation of physician-assisted euthanasia. Canadian courts relied on rights such as the right to life and freedom of opinion. viii When arguing for or against the legalisation of euthanasia, the ethical perspectives of both arguments must be considered. The ‘slippery slope’ will be discussed to demonstrate an ethical argument against euthanasia. The ethical framework of utilitarianism will be discussed as an argument for euthanasia. In line with the title of this research, the physician’s role in the process of euthanasia will also be discussed. After weighing the key arguments, this research concludes that physician-assisted euthanasia ought to be legalised in South Africa. Recommendations are further suggested on how euthanasia ought to be regulated should it be legalised. The recommendations serve as a means of addressing the possibility of abuse and illegal conduct from medical practitioners and the public. Through this study, the aim is to contribute to the debate on physician-assisted euthanasia and to advance the development of a euthanasia-related legislation in South Africa.Thesis (LLM) -- Faculty of Law, School of Criminal and Procedural Law, 202
The horizontal application of the environmental right to juristic persons at sea
Get PDFDue to its vast resources, the ocean has been designated the new “economic frontier”. States are focusing on unlocking this potential to boost economic growth, employment and innovation. Because of their substantial resources, corporations are key actors in driving the development of the ocean economy. Although corporations undeniably contribute significantly to realising the ocean economy’s potential, their main activities—including offshore oil and gas exploration and production and fishing—pose great threats to marine ecosystems. This harm to the marine environment may also threaten and adversely impact many people’s lives, health, well-being, livelihood, culture and traditions. In the South African context, this reality is notably seen through Operation Phakisa. This government initiative aims to unlock the economic potential of the ocean economy to expedite the implementation of solutions to poverty, unemployment and inequality. This race to utilise the oceans and its resources brings to the fore the interaction between the right to have the environment protected and socio-economic development anticipated in section 24 of the South African Constitution. The South African Constitution through section 8(2) acknowledges that non-State actors such as corporations can abuse human rights in horizontal relationships. However, unlike the State, non-State actors are only bound in certain circumstances. Therefore, this thesis examines whether and, if so, to what extent section 24 of the Constitution binds juristic persons at sea. This thesis examines the direct application of international norms to non-State actors to determine how international human rights law addresses non-State actors' conduct that impairs an individual’s guaranteed rights. It was determined that international human rights law has an indirect horizontal effect. This means that in cases where a non-State actor impairs an individual’s human rights, international law permits the victim to hold the State responsible for the violation rather than the non-State actor who was the perpetrator. For a non-State actor to incur direct obligations to uphold certain human rights, the State must create these obligations in its domestic law. The thesis explored how the South African Bill of Rights imposes direct human rights obligations on non-State actors in a horizontal dispute. It was found that whether an entrenched right binds a non-State actor depends on a multi-factor enquiry confirmed by the Constitutional Court. Based on that enquiry, it concluded that the environmental right is capable of and suitable for horizontal application. Furthermore, non-State actors can bear positive and negative constitutional human rights obligations arising from the environmental right. A failure to comply with these obligations would violate this constitutional right. The most significant findings of this thesis pertain to the applicability of South Africa’s human rights law framework at sea. This is because the legal regime applicable at sea differs from that on land. The United Nations Convention on the Law of the Sea assigns jurisdiction to States in the different maritime zones for different purposes. To elucidate South Africa's rights and obligations as delineated in the LOSC, the thesis focused on two examples: the exploitation of marine living resources and the prospection, exploration and exploitation of marine non-living resources. Subsequently, the extent to which South Africa has taken measures in its domestic law to implement those rights and duties was assessed. In addition, this approach was appropriate because questions concerning the horizontal application of the South African Bill of Rights necessitate contextual analysis and cannot be answered a priori and in the abstract. Using the multi-factor enquiry, the study showed that, in principle, section 24 of the Constitution might bind juristic persons within South Africa’s territorial jurisdiction, exclusive economic zone jurisdiction, continental shelf jurisdiction and under South Africa’s personal jurisdiction. Furthermore, juristic persons who control vessels registered in South Africa or control a vessel entitled to be registered in South Africa but has departed to a place outside South Africa without being registered might also be constitutionally bound based on flag State jurisdiction. The sole means of preventing South Africa from exercising its authority this way requires severing the jurisdictional connection between South Africa and the juristic person. It was recommended that in ocean-related matters, the connecting factor between South Africa and the juristic person must be considered as an additional factor in the enquiry to determine whether a particular right binds that juristic person. Additionally, since the scope of corresponding rights-holders are “everyone”, even people outside South Africa present in places where the juristic person who is the corresponding duty-bearer operates or where their conduct is felt can hold these actors accountable for their constitutional human rights obligations.Thesis (LLD) -- Faculty of Law, Department of Public Law, 202
Sustainable management of the back sourcing of service functions at South African universities
Get PDFThis study employed a three-phase qualitative case study research method to determine whether backsourcing and reintegration of previously outsourced services and workers could be managed in ways that contributed to the long-term sustainability of institutions. To achieve this goal, the study developed a framework for the sustainable management of university-based resources. The framework was a response in support of institutional sustainability after South African public universities were compelled to implement involuntary backsourcing in response to the ongoing #FeesMustFall (#FMF) and #OutsourcingMustFall (#OMF) protests that commenced in the latter part of 2015. An extensive literature review was conducted as part of the study’s phase one. The goal was to obtain insight into management practises used in outsourcing and backsourcing as well as to gain a thorough grasp of the concept of sustainability and its application in resource management in the settings of operations, organisations and universities. The literature demonstrated that there were well-established theoretical frameworks supporting the concepts of backsourcing and sustainability management. These frameworks provided clear outlines of how successful backsourcing and remunicipalisation processes could be effectively managed. Moreover, they highlighted that these management processes could be used by profitable sustainable businesses. This contributed to the development of a theoretical framework for the study. A conceptual framework together with the outcome of the literature review, served as a guide for conducting a qualitative case study at a selected Higher Education Institution (HEI) in South Africa, which was chosen as the primary research site. This constituted phase two of the study. The selected HEI case study established its efficacy in managing the process of backsourcing and reintegration. Furthermore, it demonstrated sustainable ways that contributed to the institution’s overall sustainability. In conjunction with the established theoretical framework and the developed conceptual framework, the selected HEIThesis (PhD) -- Faculty of Business and Economic Sciences, School of Management Sciences, 202
Quantify the shift in critical strain energy density for a dynamic loaded S355J2 weld section by small punch testing
Get PDFThe potential of using “critical strain energy density” as an indicator to detect material degradation on fatigue-loaded components, where the stress amplitude was gradually increased, was investigated by applying the small punch test methodology. Small punch discs were extracted from four fatigue specimens. Discs were extracted from two zones within the fatigue specimens: the heat-affected zone of a shield metal arc welded butt joint, as well as from parent metal plate area. Each fatigue specimen having been exposed to a different stress amplitude but equal number of fatigue cycles of 20 million. This allowed the development of a Small Punch Test results database, permitting the calculation of material properties by using a Finite Element Analysis inverse method. Critical strain energy values did not reveal any conclusive shift or correlation for discs extracted from the HAZ. This is mainly attributed to variance in the grain structure for HAZ samples. For discs extracted from parent metal, a decreasing trend in strain energy density value was noted in relation to an increase in the fatigue test stress amplitude. This observed change was a clear indication of the potential for using “Strain Energy Density”, as extracted from this test methodology, as a ranking tool for quantifying the extent of degradation of in-service components. The application of this study demonstrated the ability to monitor and predict material degradation for a given stress range over the expected life of a cyclically loaded component utilizing strain energy density results. This is useful, particularly in heavy industries where structures and large-scale components are used beyond their original design life.Thesis (MEng) -- Faculty of Engineering, the Built Environment, and Technology, School of Engineering, 202
Modelling offsite construction to control hazards and direct cost of accidents
Get PDFThe construction industry contributes significantly to the growth of developed and emerging economies. The industry contributes a sizeable proportion of Gross Domestic Product and Gross National Product. However, the poor safety performance of the industry and its consequential socio-economic impact threatens the industry’s significant contributions. It is for this reason that off-site construction has been identified as a sine qua non for addressing poor safety performance. The application of design for manufacture and assembly and lean techniques in the manufacture and assembly processes of off-site construction is suggested to minimise safety hazards in construction. The research was conducted to establish the relevant design for manufacture and assembly and lean techniques for addressing safety hazards in off-site construction and to develop a conceptual model of off-site construction for controlling hazards and direct costs of accidents to protect people and profits in construction. A preliminary conceptual model of off-site construction was initially devised based on a literature review and later refined into a developed conceptual model of off-site construction using findings from the qualitative phase of the study. The confirmation of the relationships and concepts presented in the developed conceptual model of off-site construction was based on the findings from quantitative data. The quantitative data were analysed using the Statistical Package for Social Science (SPSS) Version 26. Within SPSS, descriptive and inferential statistics were used to examine the relationships between off-site construction methods and safety issues, while Cronbach’s alpha was used to measure the validity of the findings. Based on the findings of the study, significant safety benefits of off-site construction methods of design for manufacture and assembly and lean techniques were identified. The benefits relate to the elimination of safety hazards including lack of personal protective equipment, work at height, poor work methods, poor house-keeping and lack of training and experience. Furthermore, the research findings indicated that implementing design for manufacture and assembly and lean practices limits direct costs of accidents, including costs expended on wages and medical bills. The positive outcomes of applying design for manufacture and assembly and lean techniques include better project management and working conditions, improved quality, minimised construction waste, and increased productivity. Factors impeding application of design for manufacture and assembly and lean techniques within contracting organisations include lack of stakeholder collaboration, a conservative mind-set towards traditional construction, lack of preferential policies and expensive logistics. These challenges can be addressed by promoting awareness of off-site construction methods, capacity-building, establishing a robust local supply chain and the involvement of government in creating an enabling political and legal environment, among others. Based on the research, an integrated conceptual model of off-site construction was developed for using off-site construction to control hazards and direct costs of accidents to protect people and profits in construction. In essence, the model can be used to identify design for manufacture and assembly and lean practices applicable in off-site construction projects to control potential safety hazards and risks. Identification and application of appropriate design for manufacture and assembly and lean practices, while addressing safety challenges, would result in the elimination of safety hazards and direct costs associated with the occurrence of accidents. Consequently, prevention of accidents would ensure the safety and health of people in construction, while the reduction of direct costs of accidents would improve the profitability margins of contracting organisations. Based on the study, recommendations are made for wider adoption of off-site construction as a modern construction method, and application of design for manufacture and assembly and lean techniques in off-site construction as strategic, industry and national, initiatives for improving safety in the construction industry.Thesis (DPhil) -- Faculty ofEngineering, the Built Environment, and Technology, School of Built Environment and Civil Engineering, 202
Guidelines for improved coordination of public works projects in Buffalo City Metro
Get PDFThis aim of this study was to determine how improved coordination of public works projects in Buffalo City Metro (BCM) can be promoted. The aim was predicated on the notion that coordination failure adversely affects scope, time, budget, and quality. A pragmatic worldview related to problem- solving informed the collection of both textual and statistical data for the study through surveys and interviews. In BCM public works projects failures in coordination have resulted in negative outcomes of project implementation. The study shows a correlation between coordination and project success, whilst failure in coordination will negatively impact project cost and project scope, resulting in project failure. The study was able to determine prioritised coordination activities. The study further developed coordination guidelines that mitigate coordination failure by outlining mechanisms, which are as follows: appointment of a coordination leader, scheduling coordination activities, participate plan and quality assurance plan. The outputs of these are the coordination of meetings, the online coordination of software, a schedule of lessons learnt, the drawing up of an execution plan and establishing performance incentives.Thesis (MSc) -- Faculty of Engineering, the Built Environment and Technology, School of Built Environment and Civil Engineering, 202
A leadership model for South Africa’s infrastructure-related State-owned Enterprises
Get PDFThe objective of this research was to create a leadership model designed specifically to address the challenges faced by South Africa's infrastructure-related, state-owned enterprises. Both Eskom and Transnet are currently experiencing leadership crises, which might be further exacerbated by the global economic difficulties. Through an initial literature review it became evident that there was a knowledge gap regarding leadership within South Africa's state-owned enterprises. Consequently, it was crucial to conduct an extensive analysis of leadership styles to ensure effective infrastructure management for these state-owned enterprises. The primary aim of this study was to propose a leadership model that would be suitable for South Africa's infrastructure-related, state-owned enterprises. To achieve this objective, the relationship between effective leadership and perceived success in infrastructure development was explored, as well as the relationship between effective planning and perceived success in infrastructure development within these enterprises. Additionally, the connection between leadership training and perceived success in infrastructure development was investigated in the study. Quantitative research methods were employed to address these research objectives. The data for this study were collected through an online survey, with a total of 335 respondents from South Africa. Descriptive statistics and structural equation modelling (SEM) were used for analysis, using SPSS AMOS 29 Software. The findings of the study indicated a significant positive relationship between effective management and perceived success in infrastructure development for state-owned enterprises. However, the results regarding the relationship between effective planning and perceived success were not statistically significant, as the p-value exceeded 0.05. Based on the outcomes of the study, appropriate and meaningful recommendations have been provided regarding the leadership model necessary for effective infrastructure management in South Africa's infrastructure-related, state-owned enterprises.Thesis (PhD) -- Faculty of Engineering, the Built Environment and Technology, School of Built Environment and Civil Engineering, 202
South Africa’s regulation of mineral mining activities in the area: lessons from the United Kingdom
Get PDFAs they anticipate the benefits associated with mining polymetallic nodules, polymetallic sulphides and ferromanganese crusts, several States are currently exploring or sponsoring State-owned enterprises and private persons to explore for these mineral resources in the seabed, ocean floor and subsoil beyond national jurisdiction (the Area). However, Africa remains the only region that is not actively participating. To guide South Africa in developing a deep seabed mining regime the thesis begins by identifying the international law regulating the Area and the activities therein. Since the mineral resources in the Area have been declared the common heritage of mankind, this principle as regulated by Part XI of the United Nations Convention on the Law of the Sea (UNCLOS), and modified by the Agreement relating to the implementation of Part XI of the United Nations Convention on the Law of the Sea of 10 December 1982 forms an essential component of this study. As such, the thesis determines, amongst others, the requirements for participating in mining activities in the Area (as set out in Part XI of UNCLOS) and establishes that developing a legislative framework is crucial to exempt UNCLOS States parties from liability associated with the damage caused by sponsored activities. Based on the obligations in international law, the thesis zooms in on three aspects concerning the regulation of the activities in the Area: (i) mining concessions, (ii) the relevant payment system, and (iii) environmental protection measures. In terms of these aspects, how the United Kingdom’s deep seabed mining regime regulates activities in the Area is examined. For this assessment, the thesis pays particular attention to the Deep Sea Mining Act and the domestic licences granted to UK Seabed Resources Ltd (UKSRL). In identifying lessons for South Africa, the thesis assesses the extent to which the United Kingdom’s regime complies with the international law framework and highlights the inconsistencies and legislative gaps. Thereafter, the thesis examines the South African legislative instruments regulating mining activities at sea, such as the Mineral and Petroleum Resources Development Act and the National Environmental Management Act, to determine whether their scope should be amended to regulate mining activities in the Area. As per the observations from international law and the lessons learnt from the United Kingdom's regulatory framework, the thesis argues that South Africa’s current mining framework should not be amended; separate deep seabed mining-specific legislation must be adopted. The thesis concludes by setting out the recommendations for developing such legislation.Thesis (LLD) -- Faculty of Law, 202
Quantifying the impact of the spatio-temporal variability of land use/land cover on surface run-off generation and groundwater recharge in the luvuvhu river catchment area as a study area
Get PDFAssessing the spatio-temporal dynamics of land use land cover (LULC) change on hydrological response is vital for catchment sustainability and developing proper management strategies. The study aimed to assess the spatiotemporal effects and implications of LULC dynamics on surface runoff in the Luvuvhu River Catchment, Limpopo Province, using the Soil and Water Assessment Tool (SWAT) model. Satellite images of Landsat 5-thematic mapper and Landsat 8 operational land imager for the years 1990 and 2021 were used to explore the characteristics of LULC for this study by adopting the maximum likelihood (ML) supervised classification method. Five LULC classes were classified in this study; namely, water, built-up area, bare surface, dense vegetation, and sparse vegetation. The classification results show good accuracy values in the range of 76% (1990) and 84% (2021) with overall kappa of 63.8% and 72.8% for 1990 and 2021, respectively. For the purpose of this study, integration of geospatial technique and SWAT model were configured to operate at a monthly time interval over a span of 34 years, specifically from 1979 to 2013 to simulate surface runoff. The SWAT simulation process was executed using a digital elevation model, soil, LULC, and weather data. The analysis of LULC for 1990 and 2021 runoff modelling, it was found that, the runoff depth increased gradually from 3249 mm to 5162.5 mm during 1990 and 2021 LULC change, respectively. The R2, ENS, PBIAS, and RSR values for the calibration and the validation were 0.81 and 0.76, and 0.72 and 0.68, 0.64 and 0.58, 0.54 and 0.63 respectively. These values indicate good correlation between the observed and simulated stream flow data Therefore, suitable and timely management measures must be taken by policy decision-makers to enable sustainable development and to protect the catchment’s natural resources in order to reduce the severity of the changes.Thesis (MSc) -- Faculty of Science, School of Environmental Sciences, 202
Development of TiO2 nanostructures with a modified energy band gap for hydrogen extraction
Get PDFA rise in fossil fuel depletion has motivated the research towards alternative, cost effective and clean processes for energy production through renewable sources. The scientific community is currently engaged in extensive research to exploit viable, sustainable methods for generating green hydrogen. Titania (TiO2) is historically the most studied photoactive semiconductor material with great potential in photoelectrochemical water splitting (PECWS), following the discovery by Fujishima and Honda in 1972. TiO2 possesses superior physicochemical characteristics and band gap edges, which enables the semiconductor to effectively facilitate the PECWS process. Efforts are still ongoing to explore alternatives for narrowing the optical band gap energy of TiO2, for an efficient photoelectrode. In this research work, open-ended and well-ordered TiO2 nanotubular arrays were synthesised by a three-step anodization process. The third anodization was crucial to detach the TiO2 thin film from an opaque Ti metal substrate. The free-standing thin films were transferred and pasted onto conductive FTO-coated glass substrates transparent to visible light and annealed at 400 ℃ for crystallisation. The multi-step anodization has shown an improved top tube morphology by eliminating an initiation TiO2 mesh formed when a conventional single-step anodization process is used under similar conditions. To widen the absorption range of the samples, CuO nanosheets were deposited onto nanotubular TiO2/FTO films through successive ionic layer adsorption (SILAR), a wet chemical method. The formation of a CuO/TiO2 nanostructure enhances the transfer of photogenerated carriers, suppressing charge recombination. This research focused on investigating the influence of selected SILAR parameters on the formation of CuO nanostructures. The first was the effect of precursor concentration on the structural, morphological and optical properties of the CuO/TiO2/FTO nanostructured photoelectrode. The effect of the precursor concentration on the structure and morphology was evident in the X-ray diffraction (XRD) patterns and scanning electron microscopy (SEM) micrographs. Crystallite sizes of deposited CuO increased from 10.6 nm to 15.7 nm when precursor concentration was varied from 0.02 M to 0.10 M. The UV-visible absorbance results show that an increase in precursor concentration leads to a red shift of both the peak absorbance and edge wavelength of the CuO/TiO2/FTO absorbance spectra. This phenomenon is believed to be caused by the presence of CuO, which exhibits active absorption in the visible spectrum. As evidenced by the study, the continued increase in precursor concentration does not result in a further widening of the absorption band. This is demonstrated by the example of a CuO/TiO2/FTO sample decorated with a 0.2 M precursor. The second was the effect of SILAR immersion cycles on the properties of the CuO/TiO2/FTO nanostructure developed. The increase in the number of immersion cycles led to a notable progression in the adsorption cupric oxide on the TiO2/FTO samples. A redshift in the absorbance peak and edge wavelength is observed in the UV-visible spectra of CuO/TiO2/FTO photoelectrode. The efficacy of the SILAR technique in modifying the absorption band of nanotubular TiO2 thin films has been conclusively demonstrated through comprehensive analysis and correlation of the relationships between the structure and optical properties, as evidenced by the XRD patterns, Raman spectra, SEM, TEM micrographs, and UV-visible absorbance spectra.Thesis (MSc) -- Faculty of Science, School of Computer Science, Mathematics, Physics and Statistics, 202