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Minimum sentencing disparities in the criminal justice system
Get PDFIn South Africa, judicial officers have wide discretionary authority with regard to both the type of and the severity of the sentence. Sentencing is a particularly challenging part of the criminal justice process. It is challenging, because South Africa's sentencing system does not have uniform sentencing guidelines that can assist presiding officers in exercising their judicial discretion in the sentencing process. Nor does South Africa have a Sentencing Council to establish sentencing guidelines. Parliament adopted the Criminal Law Amendment Act, which provides for mandatory minimum sentences for certain serious and violent offences. One of the legislation's intended objectives was to advance consistency and avoid disparities in sentencing. The legislation has limited, but not eliminated the court's discretion. A deviation or an escape clause is provided to sentencing courts to depart from the prescribed minimum sentence. If a sentencing court is satisfied that substantial and compelling circumstances exist, departure is justified and a lesser sentence should be imposed. Legislature does not define the phrase "substantial and compelling circumstances". Nor does legislature provide guidance, regarding what the phrase constitutes and does not constitute. Thus, courts have to exercise their judicial discretion when imposing sentences. When interpreting the phrase substantial and compelling circumstances, the courts generally consider that the legislature prescribed minimum sentences as the sentences that should ordinarily be imposed for serious offences. The courts further consider that the legislature aimed to ensure a severe, standardised and consistent response from the courts. Thus, courts should not depart from the prescribed minimum sentence for lightly and flimsy reasons. Further, the traditional mitigating and aggravating factors should still be considered in sentencing. Additionally, if the court considers that the prescribed sentence will be unjust, the court has to depart from the prescribed sentence and impose a lesser sentence. The courts, however, interpret the abovementioned principles inconsistently. This is attributed to the legislature's failure to provide clear, uniform and adequate guidelines to the courts. Disparities in sentencing still permeate South Africa's sentencing system, which creates a challenge to achieve consistency in sentencing. The conclusion of this research is that there is still dissatisfaction with sentencing among the public and sentenced prisoners. Another conclusion of this research is that the legislation has exacerbated prison overcrowding. A further conclusion in this research is that the legislation has not achieved one of its fundamental objectives, namely advancing consistency and avoiding disparities in sentencing. Comparative research is also done in order to see how South Africa's system can be developed and/or improved.Thesis (LMM) -- Faculty of Law, Department of Criminal and Procedural Law, 202
Reasonable accommodation for persons with disabilities at the workplace
Get PDFIn recent years, there has been a growing recognition of the importance of inclusivity and equal opportunities for individuals with disabilities in the workplace. This thesis aims to contribute to this discourse by examining the issue of reasonable accommodation for disabled employees, with a specific focus on the South African context. The International Labour Organisation (ILO) and the United Nations (UN) Convention on the Rights of Persons with Disabilities provide important frameworks for promoting inclusivity and equal opportunities for disabled individuals in employment. These global standards emphasise the need for reasonable accommodation, which refers to the adjustments and modifications made to the work environment or job duties to enable disabled employees to perform their tasks effectively. In South Africa, the Employment Equity Act 55 of 1998 (EEA) and the Labour Relations Act 66 of 1995 (LRA) serve as the legal framework for addressing disability rights in the workplace. These acts outline the obligations of employers to provide reasonable accommodation and protect disabled employees from discrimination. By analysing the specific provisions within the EEA and LRA, this research aims to gain insights into how South Africa addresses and implements reasonable accommodation measures. By synthesizing the perspectives of the ILO, the UN Convention, and the South African legal framework, this study aims to provide a comprehensive understanding of the challenges, successes, and potential areas for improvement in achieving workplace inclusivity for individuals with disabilities. It will examine the barriers that disabled employees face in accessing reasonable accommodation, such as attitudinal barriers, lack of awareness, and financial constraints. Additionally, it will explore the strategies and initiatives that have been successful in promoting inclusivity and equal opportunities for disabled individuals in the South African workplace.Thesis (MSc) -- Faculty of Law, Department of Mercantile law, 202
Investigating the impact of public debt on economic development in South Africa
Get PDFThe burden of public debt is an economic issue that has dominated debate in several areas of our country. The post-financial crisis era has seen an increase in public debt at the international, national, and sub-national levels. The study explores the impact of public debt on economic development in South Africa from 1970 to 2022 using the autoregressive distributed lag (ARDL) model. Based on the regressions results, the null hypothesis is rejected in favour of the alternative which means that there is a negative relationship between public debt and economic development in South Africa. According to the research findings, South Africa should strengthen its production capacity and infrastructure in order to increase exports that would boost investment opportunities while allowing the economy to expand without resorting to debt. Policymakers must consider capital investment as a method of expanding the South African economy's productive capacity.Thesis (MCom) -- Faculty of Business and Economic Sciences, School of Economics, Development and Tourism, 202
Analysing the influence of banking loyalty programmes on South African consumer behaviour post-Covid
Get PDFBanking institutions promote loyalty programmes that offer customers cost saving benefits. The research investigates the perceived loyalty programme benefits from a customer perspective. The research analyses the customer satisfaction and the effect the banking loyalty programmes has on customer behaviour post Covid-19. Focusing on customer retention and customer relationship management, banking institutions have adopted loyalty programmes as a strategic tool to enhance customer loyalty and satisfaction. The findings of this research provided valuable insights into the key factors that drives customer loyalty and engagement with banking loyalty programmes. This study used quantitative research methodology utilizing surveys and statistical analyses to gather and interpret data using simple random sampling from a diverse sample of banking customers from the Gqeberha area. A response rate of 50.5% was achieved in this study. The findings of this study underscore a pivotal realisation that banking loyalty programmes in isolation prove insufficient to exert a significant influence on banking customer behaviour in the post-Covid era. A contemporary approach is required to meet the evolving expectations and dynamics within the customer base. The study observed that digital transformation and strategic partnerships are a key determinant in shaping banking customer behaviour, hence the study advocates for a synergised approach, where banking loyalty programmes, digital transformation, and strategic partnerships operate in tandem. It is recommended that banks should understand the dynamics of consumer behaviour in the context of loyalty programmes, hence they can optimize their strategies to strengthen their position and relationships with their customers. Traditional silos of banking loyalty programmes must integrate and adapt to the current banking customer preferences, this holistic approach is not just a recommendation but also imperative for sustainable growth and resilience in the banking sector. The study will contribute to academic research and offer practical implications for banking executive seeking to build, design and implement effective loyalty programmes in a highly competitive banking industry.Thesis (MBA) -- Faculty of Business and Economic Sciences, Business School, 202
An online model for an agriculture retailer
Get PDFThe advent of the digital age provided businesses with new opportunities and ways of doing business digitally. Digital commerce encompasses many aspects, one of which is electronic commerce (e-commerce). Due to the rise of e-commerce, the retail industry specifically has undergone a significant transformation, with e-commerce offering new business models to companies. E-commerce retailers like Amazon, TakeAlot, eBay, and Alibaba have successfully developed online stores and disrupted the traditional face-to-face retail trade. Brick-and-mortar retailers, once the dominant force, now find themselves in an increasingly competitive environment. The agriculture retail sector is no different and new disruptions and opportunities caused by e-commerce necessitated the agriculture retail sector to also consider e-commerce’s impact and implement changes where necessary. The COVID-19 pandemic further disrupted the traditional methods of doing business due to lockdowns and social distancing measures implemented by governments globally. COVID-19’s impact along with a changing business environment, inclined an agriculture retailer in South Africa, the Humansdorpse Landbou Koöperasie, trading as The Co-Op, to explore e-commerce as a new business model to support and enhance their customers purchasing experience. The aim of this study is to determine the factors that influence the adoption of an online model for an agriculture retailer in South Africa. A literature review on e-commerce and the agriculture retail sector was conducted, and from the literature a conceptual model was proposed, which identified the main factors that influence the adoption of an online model for an agriculture retailer. A questionnaire was developed and translated into three languages - Afrikaans, English and IsiXhosa - and distributed to customers of The Co-Op. The results obtained from the questionnaire were statistically analysed. After conducting correlation and Chi-Square tests the relationship between the identified independent factors and the dependent factor was determined. The study identified that the independent factors of: Acceptance of Internet Technology, Online Shopping, Delivery, Methods of Payment, and Product Range positively influence the dependent factor, the Co-Op Online Shopping and thus the adoption thereof. The study thus confirmed the need for an online model for The Co-Op. The study contributes theoretically by discussing agriculture retail and technology acceptance within the realm of the Technology Acceptance Model and the Theory of Planned Behaviour. The study’s practical contribution includes a tested hypothesised model that can be used for future research by other agriculture retailers. Additionally, research on this topic can be expanded to other agricultural retailers in South Africa and Africa.Thesis (MBA) -- Faculty of Business and Economic Sciences, Business School, 202
Mindsets of change agents for development: a case study of the Sundays River Valley, Eastern Cape
Get PDFSocietal development in underdeveloped areas is a process of enhancing and improving the quality of life in communities, with a focus on meeting their social, economic, environmental, and political needs. Despite ideological efforts and growing interest in movements, mobilisations and communities promoting social change, little research has been done on the mindsets of change agents. Margaret Archer’s (1988), Morphogenetic Approach to social development has been used in this case as a theoretical framework emphasising that social change and development occur through interactions between individuals and their social environments. This approach focusses on the importance of feedback loops, where changes in the environment and the reactions of individuals to these changes both influence and are influenced by one another. Through reflective learning, semistructured interviews and document analysis, the dissertation explored research questions concerning different perspectives of change agents in the Sundays River Valley. The theories examined provide options of theoretical frameworks which can be used to assess and evaluate the work and role of change agents to participate in societal development. This is important in the Sundays River Valley context as, up to now, there has been no shortage or lack of development plans and policies for the area. Rather, what has been absent is the theoretical frameworks to provide the context and meaning for change agents to participate in societal development and occupy their role in the various development plans and policies. Collaborative development and participation acknowledge that solving complex social problems requires the efforts of multiple organisations, individuals, and generations. To enable societal development requires social trust and cooperation of multiple stakeholders, including government, community members, businesses, development agencies, non-governmental organisations and educational institutions.Thesis (MA) -- Faculty of Business and Economic Sciences, School of Economics, Development and Tourism , 202
Computer vision as a tool for tracking gastropod chemical trails
Get PDFThe difficulties encountered in previous gastropod research with human intervention (Raw, Miranda, & Perissinotto, 2013) inspired this dissertation. More specifically the tedious task of human intervention in the tracking of gastropod chemical trails, which is a time-consuming and error-prone exercise. In this study, computer vision is proposed as an alternative to human intervention. A machine learning literature review was conducted to identify relevant methodologies and techniques for the research. Furthermore, it investigates data preprocessing techniques on a variety of different data types. This sets the stage for a deeper investigation of techniques used for pre-processing image and video data. Following that, another literature review delved deeper into the computer vision pipeline. The review is divided into two parts: data pre-processing and model training. First, it provides a deeper investigation into relevant data pre-processing techniques for use in constructing a dataset comprised of gastropod images. Following that, it delves into the complexities of training a computer vision model. The study then investigates convolutional neural networks, revealing the neural networks’ suitability in image/video processing. A convolutional neural network is selected as the foundation for the best-effort model. This serves as the foundation for the subsequent experimental research. The first part of the experimental work involves creating a labelled dataset from the video dataset provided by Raw et al. (2013). By employing data preprocessing techniques in a strategic manner, an unlabeled dataset is generated. Then a labelled dataset is generated using a simple K-Means clustering algorithm and manual labelling. Thereafter, a best-effort model is trained to detect gastropods within images using this dataset. After making the labelled dataset, the next step in the exploration is to build a prototype that can find gastropods and draw trace lines based on their movement. Five evaluation runs serve to gauge the prototype’s effectiveness. Videos with varying properties from the original dataset are purposefully chosen for each run. The prototype’s trace lines are compared to the original dataset’s human-drawn pathways. The versatility of the prototype is demonstrated in the final evaluation by generating fine-grained trace lines post-processing. This enables the plot to be adjusted to different parameters based on the characteristics that the resulting plot should have. Through the versatility and accuracy demonstrated by the evaluation runs, this research found that a gastropod tracking solution based on computer vision can alleviate human intervention. The dissertation concludes with a discourse on the lessons learned from the research study. These are presented as guidelines to aid future work in developing a gastropod tracking solution based on computer vision.Thesis (MIT) -- Faculty of Engineering, the Built Environment, and Technology, School of Information Technology, 202
Value management in government construction projects in South Africa
Get PDFThe public sector construction industry aims to deliver infrastructure services to its client satisfactorily. However, the public sector is notorious for delivering projects that are over budget, finish years behind schedule, and are of poor quality. Value management is one way to address these challenges. This research aimed to examine the level of awareness and implementation of value management within the public sector and the benefits thereof. In this qualitative study, interviews were employed to gain insight into the level of awareness of value management within the public sector department in the Eastern Cape. A total of ten professionals in the public sector working for the Department of Public Works were purposively selected to be interviewed and the secondary data was sought through document analysis . The data was thematically analysed. The South African government requires a strategic change that will help improve awareness of value management in government infrastructure projects in South Africa which will pave the way for the full implementation of VM. The study found that the obstacle to adopting value management for public projects was the lack of knowledge and practice of value management. It was also found that the respondents were keen to implement value management and saw it as part of an important step in the planning stage of a project as it would save the department time and money. In order to improve the performance of construction projects, there is a need to adopt innovative ideas and solutions that will work for South African construction industry. Value management is one way to improve the performance of construction projects. VM should be considered at a strategic level in public sector departments to improve its applicability to meet client’s objectives. The major goal of the VM is to ensure that projects are delivered to the best function at the lowest total life cost achievable. The satisfaction of clients is a key factor of construction project success. Value Management strives to address problems which may arise such as budgetary constraints trying to decrease unnecessary costs towards the project but without causing changes to quality of the finished product. Value management is believed to be a cost-cutting exercise as perceived by many but the most importantly it focuses on function of an element or project. This means that the project is procured at the lowest possible cost by utilizing multiple cost control mechanisms without compromising the project's value and function. Value management has proven to be a practical management strategy for improving value for money, creating a better focus on project objectives, working toward more effective design, and identifying wasteful expenses due to unneeded design, material, labor, and machine. To optimise the usage of value management and to improve project performance, there is a need to adopt new concepts like value management that will work for the South African construction sector.Thesis (MSc) -- Faculty of Engineering, the Built Environment, and Technology, School of Built Environment and Civil Engineering, 202
The value-added tax implications in respect of the supply of services by foreign companies in South Africa
Get PDFA foreign company providing services in South Africa may, depending on the nature of the services rendered, do so directly or through its branch. Where the foreign company or its branch in providing such services falls within the ambit of the compulsory registration requirements set out in section 23, the foreign company or its branch is obliged to register as a vendor and the provisions of the VAT Act thereafter apply to such foreign company or its branch. The nature of the services rendered determine whether it is the foreign company or its branch which is obliged to register as a vendor. Where the services rendered constitute 'electronic services' falling within the scope of paragraph (vi) of the enterprise definition, it is the foreign company which must register as a vendor and not its branch. In all other cases (apart from the supply of 'imported services'), where services are rendered in South Africa, it is the branch which must register as a vendor, unless it is a 'dependent agent' of the foreign company as envisaged in the Wenco case 1, in the sense that it has no clients of its own in South Africa and supplies only services on behalf of the foreign company. In such a case the branch does not conduct an 'enterprise' and its foreign company must register as a vendor. Where a dependent branch supplies services to the foreign company's main business abroad, the supply is not zero-rated in terms of section 11 (2)(o) as, on the authority of the Wenco case, the provisions of section 8(9) have no application in such a case. Generally, where a foreign company or its branch supplies services in South Africa and is obliged to register as a vendor, output tax is levied in terms of section 7(1 )(a) and an input tax deduction may, in certain circumstances, be claimed provided that the foreign company or its branch is actually registered for VAT. In the case of 'imported services' it is the recipient which is liable for VAT thereon in certain circumstances.Thesis (LLM) -- Faculty of Law, 202
Synthesis of gatifloxacin, an important fluoroquinolone antibiotic using continuous flow technology
Get PDFGatifloxacin belongs to an important class of antibiotics known as fluoroquinolones (the fourth generation). Bristol-Myers Squibb (BMS) introduced gatifloxacin to the market in 1999 under the brand name Tequin® for treating respiratory tract infections. It has recently been widely employed as an ophthalmic solution for treating bacterial conjunctivitis. There is limited literature describing the complete synthesis of gatifloxacin; however, ciprofloxacin, a similar fluoroquinolone, has received much attention recently and is a good guide in the synthesis. Even though there are several similarities between ciprofloxacin and gatifloxacin, key reactions towards the synthesis of gatifloxacin have not been reported, which forms a knowledge gap, for instance, the three steps leading to the synthesis of the benzoyl chloride intermediate. It is estimated that 70-90 % of the active pharmaceutical ingredients (APIs) in drugs consumed in sub-Saharan Africa are imported, mainly from India, China and Europe. To reduce dependence and improve access to life-saving drugs, Africa needs to develop cutting-edge technology that is more advanced than traditional means. We envisage that employing continuous flow technology in synthesising gatifloxacin, previously developed in a batch setup, will offer an improved, future-proof process. Thus, this research aimed to create a more efficient multi-step continuous flow process for synthesising gatifloxacin compared to the current batch methods. The first chapter of this thesis provides an extensive literature review on the synthesis of gatifloxacin and its sister drug, ciprofloxacin. The foreground is based on the manufacture and consumption of APIs, particularly antibiotics. Continuous flow technology is also introduced and discussed as the solution to bridging the gap in Africa’s demand for API manufacturing, which significantly lags. Chapter two describes the results and discusses findings on the continuous flow synthesis of gatifloxacin. A seven-step process is described with reaction optimisation studies for each step, starting from 2,4,5-trifluoro-3-hydroxybenzoic acid. An alternative shorter route (with six steps) is also offered, incorporating microwave-assisted technology instead of the traditional batch process. We also describe several elegant multistep processes for synthesising gatifloxacin and its intermediates, achieved by combining several compatible, optimised steps. Subsequently, Chapter 3 describes all the experimental details of our research. In this study, efficient continuous flow procedures were developed to synthesise gatifloxacin. The seven-step continuous flow procedure we developed afforded gatifloxacin (54 % overall isolated yield) in a total residence time of 15.6 mins, a significant improvement from the reported batch process (52 % overall yield and over 103 hours reaction time).Thesis (PhD) -- Faculty of Science, School of Biomolecular & Chemical Sciences, 202