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The requirement of 'fit and proper' for the legal profession: A South African perspective
No full textThesis (LLD (Public Law))--University of the Free State, 2022The research problem of this study is that our understanding and interpretation of the 'fit and proper' requirement for admission to legal practice is too superficial and one-dimensional to allow for a more diverse, broader and critical thinking needed to enable transformation of the legal profession. The question that originates from the research problem and guides this study is what the meaning, reason, purpose and importance of the current 'fit and proper' requirement is, and what it rather should be. The purpose of this research is to indicate that the requirement of 'fit and proper' for a person to be admitted to legal practice is closely related to the role of the legal professional in society and should therefore be directly linked to objectives such as public interest, access to justice and social justice if we are serious about transformation of the legal culture of South Africa. My proposal is that 'fit and proper' should be a continuous responsibility of all legal professionals instead of a prerequisite only required from legal practitioners for admission to legal practice. Furthermore, that the meaning of the concept should be informed by variable values and principles in line with the Constitution and not mere compliance with fixed rules of conduct or a specific test. Every chapter of this study indicates that changing the legal culture will necessarily entail an honest reconsideration and admission of the role and responsibility of legal professionals in their contribution to the current vision of the law and the manner in which law is practiced. What would be needed for this change is that at least the majority of legal professionals understand their responsibility in changing the traditional approach to the law in order for it to respond to the needs of a multicultural society. In my opinion, the role of legal professionals in this process is twofold: in their capacity of being professionals and therefore having an obligation to serve the public interest; and in their capacity as members of the community, having a responsibility of being self-conscious and aware of their complicity. The suggestion is that we should discontinue the practice of finding that a person is 'fit and proper' to be admitted to legal practice and rather expect of all legal professionals to continuously reconsider the role they play in society. Reimagining our understanding of 'fit and proper' requires an endless contribution to the collective effort of thoughtful thinking about the law in an attempt to imagine justice into reality and thereby becoming 'fit and proper'. A shift in focus of legal education may be the starting point or even the solution to the research problem that our thinking about the law, the role of the legal practitioner and interpretation of 'fit and proper' is too superficial to allow for transformation. The recommendation is that the focus of legal education must be adapted to enable law graduates to be critical of both the law and the political state in order to serve the law and the aims of justice and not only on delivering practically skilled law graduates
Services provision is also the rights for lesbians, gays, bisexuals, transgender, intersex, and queer people
No full textDissertation (LL.M.(FS Centre for Humans Rights Law))--University of the Free State, 2022There is a need for shelters for LGBTIQ+ people whose rights are violated either at home or those who are victims of crime in general. There are LGBTIQ+ people in all nine provinces of South Africa, but only one dedicated shelter provides services for them. The researcher assumes that there is discrimination against LGBTIQ+ people in terms of shelter services provision. Some of the LGBTIQ+ people get discriminated against and stigmatized because of their sexual orientation or gender identity. As such, they do not fully enjoy their universal human rights. Other LGBTIQ+ people are victimized in their homes, schools, and communities, which leads to them being vulnerable and needing safe spaces such as shelters for accommodation. According to the Department of Social Development,1 a shelter is a residential facility providing short-term intervention in a crisis situation. Shelters are expected to provide critical services to those undergoing high levels of trauma, including a safe place to stay and psycho-social support.2 The availability of shelter services is the human right of any LGBTIQ+ person. Human rights are the basic rights and freedoms that belong to every person globally, from birth until death. According to PEPUDA,3 failure to reasonably accommodate LGBTIQ+ people, or any other vulnerable groups, amount to unfair discrimination and inequality on, amongst others, the ground of gender. Globally, regional and national instruments throughout the world deal with discrimination, which is a human rights issue. These instruments include the Convention on the Elimination of All Forms of Discrimination against Women, the International Covenant on Civil and Political Rights and the Bill of Rights contained in the Constitution of the Republic of South Africa. The Bill of Rights makes provision for the protection of the rights of every South African. This research intended to investigate shelters in Pretoria and the surrounding area that accommodates LGBTIQ+ people
Collaborative learning: a veritable tool for promoting classroom participation among pre-service teachers in rural universities in South Africa
No full textThe benefits of collaborative learning (CL) in teaching-learning have been well-documented. According to existing literature, it will help students and teachers learn from one another, develop good communication skills, foster a sense of community, trust and respect, and retain and apply the information in their future studies. Unfortunately, observation coupled with research shows that pre-service teachers’ participation in South Africa's rural universities is at its lowest ebb – a potential source of concern to education stakeholders given its futuristic implications in the light of CL benefits. Less pre-service teachers’ participation has been linked to cultural influence, environmental factors and students’ backgrounds and have negatively impacted students’ academic achievement. This paper seeks to typify CL as a panacea to pre-service teachers' apathy toward learning. In doing this, social constructivism theory (SCT) was adopted to underpin the study. Drawing from the principles of participatory action research, fifteen undergraduate students were randomly selected, and data was gathered with the instrumentation of semi-structured interviews and focus groups. The study revealed the think-peer-share strategy, group work strategy, micro-teaching strategy, positive feedback and encouragement, learner-centred method, and inquiry method as strategies for improving participation among pre-service teachers in rural universities. Recommendations were made in line with the findings of the study.Publisher's versio
Mysterium Deus in missio: the mysterious God in mission
No full textAs in all other world religions, a deep sense of the mystery is also central to the Christian religion. The mere existence of God is accepted as something mysterious beyond human comprehension. While theological literature speaks extensively of the mysterious nature of the triune God, little or nothing is said of such mysterious nature of God in missiology in the context of the missio Dei, particularly from the perspective of the Willlingen’s International Missionary Conference (IMC) of 1952. The question underlying this article is: how does the perception of the mysterious God relate to the context of the missio Dei? In other words, how mysterious is God in his own mission (missio Dei)? At its core, this article is more about the mysterious God in the mission leading to the mystery of the missio Dei itself. Consequently, this article made use of a search in literature to conceptualise the mystery encompassing the inherent character of the triune God in his own mission (missio Dei). In other words, it underlines the mysterious triune God through his innate attributes, namely omnipotent, omnipresent and omniscient, which are eternally at work in the missio Dei. It then concludes with the view that the understanding of the triune God as a mystery within the missio Dei economy may lead to different but comprehensive understandings of the missio Dei itself.
Contribution: The content of this article will contribute immensely to a better understanding of the missio Dei and as such will subsequently be used by missiologists as a reference in their attempts to describe the character of God within the context of the missio Dei
An imperial historian of empire: insights from the Philip Warhurst papers, Killie Campbell Africana Library
No full textThis research note recovers the career and personal papers of Philip Warhurst, a British historian who taught at universities in Rhodesia and South Africa from the 1960s until the 1990s. The note simultaneously reviews the extent of the holdings of the Warhurst Papers at the Killie Campbell Africana Library in Durban while also exploring the insights the collection offers on Warhurst’s views on race relations and his positionality vis-a-vis the British Empire and the Commonwealth. As the collection is open but unprocessed, this note aims to provide a guide that will assist scholars in navigating the collection. The collection will particularly appeal to scholars interested in Rhodesia’s Unilateral Declaration of Independence era (1965-1979). Warhurst was at the frontline of numerous political developments in the colony during this time. Materials document conditions at the University of Rhodesia following political disturbances in 1966 and 1973 and Warhurst’s desire to maintain academic freedom at the university. Warhurst was also a senior official in the Centre Party, a comparatively moderate political group that sought to increase black political participation in Rhodesia, but which expressed opposition to black majority rule. The collection also holds extensive materials of a less overt political nature, primarily documenting Warhurst’s ecumenical activities and support for Scouting in both South Africa and Rhodesia. Finally, the papers hold extensive scholarly notes by Warhurst concerning his review of archival and published material as well as several unpublished lectures and papers.Publisher's versio
COVID-19 pandemic in schools: an exploration of the self-efficacy of beginner teachers in Qwaqwa
No full textDue to the COVID-19 pandemic outbreak, schools in South Africa would have lost a considerable percentage of the annual school curriculum by the end of the lockdown. The Department of Basic Education had to work out plans for curriculum recovery during the COVID-19 pandemic. The proposed plan was to gradual reopening schools using the “Phasing in Approach”. This study explored the Self-Efficacy of beginner teachers in Qwaqwa schools during the COVID-19 pandemic. Informed by Bandura’s Social Cognitive Theory, we used the qualitative research approach and generated data through semi-structured interviews. The telephonic interviews were conducted in two different phases; the first (T1) was in January 2021, and the second (T2) was in August 2021. We interviewed 5 participants of beginner teachers in the Qwaqwa town of the Thabo-Mofutsanyane district. The finding showed that beginner teachers had very high levels of self-efficacy, as they were able to face the challenges brought by the COVID-19 pandemic. Some identified challenges had many classes to teach, and the curriculum coverage was disturbed. On a positive note, the class size was reduced. This study recommended that the Department of Basic Education attend to the issues of overcrowding in schools and the lack of sources, especially in rural schools, as these were the main challenges of beginner teachers. This paper contributes to the existing literature on how beginner teachers’ self-efficacy helped them overcome challenges during the pandemic.Publisher's versio
People, nature and resources: Managing land-use conflicts in Ngamiland, Botswana
No full textThesis (Ph.D (Africa Studies))--University of the Free State, 2022English: Land-use conflicts between communities and protected-area management authorities are recurrent in African countries. These are attributed to opposing needs, interests and preferences regarding land utilisation. If such conflicts are left unchecked or ineffective strategies are adopted, they can lead to negative social, economic and ecological consequences. This study sought to investigate the source and causes of conflicts regarding land use in Ngamiland or North-West District in Botswana.The study focused on the Mababe community and sought to critically evaluate the effectiveness of strategies employed by the DWNP to manage land-use conflicts in Mababe in the Ngamiland District of Botswana. Methodologically, the study adopted a qualitative case study approach and a post-positivist lens. Data was collected through in-depth interviews, focus group discussions, participant observation and documentary analysis. Purposive sampling was used to select respondents for in-depth interviews and snowball sampling for focus group discussion participants. The majority of the respondents were aged between 45-64, with more males (64%) compared to females (36%). Findings of the study highlight that land-use conflicts between the Department of Wildlife and National Parks and the community of Mababe are caused by a range of factors, such as restricted access to and utilisation of land in protected areas by the community, tenure insecurity and non-participatory land management processes implemented by the Department of Wildlife and National Parks. The study also revealed that the Community-Based Natural Resources Management Programme (CBNRMP) adopted by the Department of Wildlife and National Parks has not always been effective, resulting in escalating land-use conflicts. The Community-Based Natural Resources Management Programme has not been able to address several issues at the core of community development needs. As a result, perceptions of its benefits are low in the community. The programme has unclear objectives and skewed power dynamics in managing land and other resources. The use of deceptive processes and neglect of community culture and values by Community-Based Natural Resources Management authorities from the Department of Wildlife and National Parks regarding land utilisation renders the programme ineffective in managing land-use conflicts. Based on the findings and consistent with the broader literature, the recommendation is that the Community-Based Natural Resources Management Programme be revised to incorporate issues of land tenure, harmonisation with other existing land and conservation frameworks, community values and culture, collegiate participation and peace education to improve its effectiveness in managing land-use conflicts. The study also proposes a participatory evaluation framework to improve the programme significantly.Other: Kgotlhang ya tiriso ya lefatshe fa gare ga merafe le bogogi jwa mafelo a a sireleditsweng ke selo modiro mo Aferika. Se se bakwa ke dikeletso le dikgatlhego tse di farologanyeng gammogo le go iteba pele mabapi le tiriso ya lefatshe. Fa dikgotlhang tse di ka se rarabololwe kana go tswewa ditshwetso tse di sa lebanang, se se ka ama matshelo, itsholelo le kamano ya batho le tikologo. Patlisiso ene ya ikaelela go sekaseka se se bakang kgotlhang mabapi le tiriso ya lefatshe mo kgaolong ya Ngami mo Bokone Bophirima jwa lefatshe la Botswana. Patlisiso e, e remeletse mo bathong ba Mababe, maikaelelo e le go sekaseka gore a ditshetlana tse ba lephata la diphologolo le makgabisanaga ba tsileng ka tsone go laola dikgotlhang mabapi le tiriso ya lefatshe mo kgaolong ya Ngami mo Mababe di a bereka. Se se fitlheletsweng ke patlisiso e, se rurifatsa gore dikgotlhang tsa tiriso ya lefatshe fa gare ga lephata la diphologolo le makgabisanaga ga mmogo le setshaba sa Mababe, di bakiwa ke mabaka a a farologaneng a tshwana le gore morafe ga o letlelelwe go tsena mo mafelong a a sireleditsweng ga mmogo le ditsamaiso tse di sa akaretseng morafe tse di diragadiwang ke ba lephata la diphologolo le makgabisanaga. Patlisiso e gape e supile gore lenaneo la morafe le le tlhokometseng ditsatlholego (Community-Based Natural Resources Management Programme) le le dirisiwang ke ba lephata la diphologolo le makgabisanaga ga le ise leko le dire sentle mme se se gakaditse dikgotlhang tsa tiriso ya lefatshe. Lenaneo leo ga le a kgona go itebaganya le dikgang di le mmalwa tsa konokono tse di amang ditlhabololo mo morafeng wa Mababe. Ka jalo, ditsholofelo ga di kalo mo bathong. Lenaneo ga le na maikaelelo a a tlhomameng gape le na le ditsamaiso tse di sokameng mo go tlhokomeleng lefatshe le meamuso e mengwe. Ditsamaiso tsa meamuso le lefatshe di belaetsa tsietso le go ikgatholosa ditshetlana tsa ngwao ke bagolwane kwa lekalaneng le le tlhokometseng ditsatlholego gotswa kwa lephateng la diphologolo le makgabisanaga. Tiriso ya lefatshe ga e kgotsofatshe baagi, ka jalo go dira gore lenaeo le palelwe ke go rarabolola dikgotlhang tsa tiriso ya lefatshe. Go ya pele, kgakololo ke gore, a lenaneo le le tlhokometseng ditsatlholego (CBNRMP) le kanokwe gore le akaretse dikgang tsa tiriso ya lefatshe, le gore go nne le tshwaragano le melawana e mengwe e e ntseng e le teng mabapi le tshomarelo tikologo, ditshetlana tsa ngwao tsa merafe, go tsaya karolo, thuto ka kagiso le go tokafatsa dikgang tsa go laola dikghotlhang tsa tiriso ya lefatshe. Patlisiso e gape e rotloetsa gore go dirwe dikanoko tse di pataganetsweng gore lenaneo le tokafadiwe go menagane
Support needs of primary caregivers caring for children with Autism Spectrum Disorder in Kimberley
No full textDissertation (MNurs.(Nursing))--University of the Free State, 2022Autism Spectrum Disorder (ASD) is a chronic neurodevelopmental disorder with various degrees, characterised by impairments in communication, socialisation and motor behaviour. The study aimed to explore and describe the support needs of primary caregivers caring for children with an autism spectrum disorder in Kimberley. Although studies on primary caregivers’ needs were done in other countries and provinces, as well as on other childhood conditions requiring caregiving, there was no proof of this type of study done in Kimberley.
The research methodology used was a qualitative, explorative and descriptive design. Focus group discussions were used to collect data from participants recruited at the Robert Mangaliso Sobukwe Hospital in Kimberley. Twenty-seven (27) participants participated in four focus groups. Primary caregivers of children with ASD who were invited to participate had to fit the criteria of being a primary caregiver (including mom, dad, foster parent, friend, granny or anyone caring for the child). They had to understand and speak English, Setswana or Afrikaans (These are the languages predominantly spoken in Northern Cape), reside in Kimberley, taking care of a child and/or children below 18 years diagnosed with ASD. Primary caregivers had to give consent to participate in the study. As stated in Tesch's coding steps, an audio recorder was used during the focus group discussions and transcribed.
The themes identified during data analysis were healthcare, financial needs, basic education and social support needs. Sub-themes under healthcare focused on access to healthcare, health information, community awareness, and lack of knowledge on care aspects and training. Under financial needs, sub-themes identified were transport and nutrition. For basic education, ECD centre and special education were the sub-themes. Lastly, stigma, psychological well-being and family support formed part of the social support needs.
The trustworthiness of the information collected was supported by ensuring the criteria of credibility, transferability, confirmability and dependability. The researcher recommended that the support needs of primary caregivers caring for children with ASD should be attended to by family members, healthcare professionals and community members. Such recommendations focus on information, education and training of all stakeholders
South African student leadership unrest and unsettled constructions: a CIBART analysis
No full textStudent leadership in South Africa is unsettled and characterised by unrest. The perturbing changes in the higher education system, including global shifts and crises, impact South African student leadership psychologically. Consequently, this article seeks to understand the system psychodynamics of South African student leadership. Data was collected during a social dream drawing (SDD) session with student leaders at a South African university before the onset of the Fees Must Fall movement. The SDD session aimed to understand the social construction of student leadership at a South African university and data was analysed through discourse analysis with a psychodynamic interpretation. For this article, a co-reflector was incorporated for secondary analysis after Fees Must Fall to reorganise, reinterpret the data and enhance the initial findings using a conflict, identity, boundaries, authority, role, task (CIBART) model. CIBART findings show that students have a need for a collective and shared vision, and find it unsettling when this need is not satisfied due to the complex environment. Thereby, their psychological safety is threatened, while anxiety is heightened in an environment characterised by transformation and decolonisation agendas. Substantial conflicts impact authority dynamics while, simultaneously, student leadership identity and boundaries are blurry and in crisis. Thus, the compromised clarity of student leadership elevates implications for the confidence that is required for the role and task of student leadership. Consequently, efforts to reduce the anxiety of student leadership ought to be a priority. Psychologists are indicated to play a crucial role in restoring the psychological safety and security of student leaders.Publisher's versio
Embedding tamper-resistant, publicly verifiable random number seeds in permissionless blockchain systems
No full textMany blockchain processes require pseudo-random numbers. This is especially true of blockchain consensus mechanisms that aim to fairly distribute the opportunity to propose new blocks between the participants in the system. The starting point for these processes is a source of randomness that participants cannot manipulate. This paper proposes two methods for embedding random number seeds in a blockchain data structure to serve as inputs to pseudo-random number generators. Because the output of a pseudo-random number generator depends deterministically on its seed, the properties of the seed are critical to the quality of the eventual pseudo-random number produced. Our protocol, B-Rand, embeds random number seeds that are confidential , tamper-resistant , unpredictable , collision-resistant , and publicly verifiable as part of every transaction. These seeds may then be used by transaction owners to participate in processes in the blockchain system that require pseudo-random numbers. Both the Single Secret and Double Secret B-Rand protocols are highly scalable with low space and computational cost, and the worst case is linear in the number of transactions per block.Publisher's versio