KovsieJournals - University of the Free State (UFS)
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Land-use management to support sustainable settlements in South Africa by Verna Nel and and Stuart Paul Denoon-Stevens
No full textThe book Land-use management to support sustainable settlements in South Africa is set to provide a theoretical and practical foundation needed to change the practice of land-use management in Southern Africa. The argument for change is the premise of changing values, technological developments, progression in medical science, changes in the standard of living, and globalisation. The authors highlight, inter alia, the increased emphasis on sustainability and climate change. The book addresses five main areas, namely a discussion of the evolution of land-use management; planning theory and its applicability to the Global South; the question as to why the current system is inadequate for the South African context; the principles and options for a land-use management system to support sustainable and equitable settlements, and a southern approach to sustainable land-use management
An appraisal of the application and soundness of the solvency and liquidity test in the implementation of statutory mergers
Get PDFThe integration of the solvency and liquidity test into the South African company law has the effect of, among others, rendering the capital maintenance principle obsolete. The pertinent statutory provisions of statutory mergers require that both limbs of the test must be satisfied: solvency in the form of a forecast that the merging companies’ assets are equal to and/or exceed their liabilities and liquidity in the form of a forecast that the merging companies’ debts would be paid when due. The solvency and liquidity test is valid within 12 months after the test was considered,a set period which, we argue, is inadequate to protect the interests of long-term creditors and shareholders. According to reports, the largest leveraged buyout (LBO) in South Africa, the acquisition of Edcon by Bain in 2007, resulted in post-merger trade losses and high borrowing rates for Edcon. The post-mortem of the Edcon LBO reveals that the merged entity failed to honour creditors’ repayment obligations, resulting in the shareholders losing proprietary interests to the creditors, heightening the need for having effective solvency and liquidity test. In addition, most of the recent corporate scandals emanating from deceptive accounting practices have exposed the inadequacy of the solvency and liquidity test, considering the heavy reliance on the solvency and liquidity test on financial records. To bolster creditor and shareholder protection, the article makes some suggestions that include making it mandatory that financial statements used in the forecasting be independently audited by external auditors and that the merging companies can only pass the solvency and liquidity test when their assets are greater than their liabilities, rather than simply being equal to the liabilities, as is currently the case. The suggested yardstick for assing the solvency and liquidity test only when their assets are greater than their liabilities must be adopted in all capital reduction/altering transactions, including statutory mergers, and during the pay-outs of fair value to dissenting shareholders in the context of appraisal remedy
Violence in rural schools in South Africa: Perceptions of school principals and school governing bodies
No full textViolence, crime, and abuse against learners present a grave picture of problems in South African schools and are on the increase, as substantiated in articles. daily newspapers and news bulletins. The problem of violence is a complex one, and has been elevated to a national concern. The study was based on the perceptions and experiences of school principals and school governing bodies (SGB). Semi-structured interviews and observations were used to collect data. The study revealed that the unprofessional conduct of teachers, teacher absenteeism, a weak criminal justice system, dysfunctional family structures, absence of school leadership, and a precarious school environment all contribute to violence. The study also produced evidence of unrealistic expectations of teachers who do not take the individual needs of learners into account. Although schools craft learner codes of conduct to deal with learner discipline, it seems that at most schools, the school management is unable to implement these codes of conduct effectively. Poorly managed schools are likely to experience more violence. This qualitative study was conducted at South African rural schools to obtain insights into the prevalence of violence in schools, and the management thereof. Using purposeful sampling we explored the perceptions and experiences of principals and school governing bodies (SGBs). Semi-structured interviews and observations were used to collect data, and these were analysed using Tech’s method of coding. The article recommends the enhancement of management, school effectiveness, and professional conduct of teachers in South African rural schools. School management teams should take a leading role of curbing learner violence by stringently enforcing learner codes of conduct and providing teachers with professional training so that they can manage learner discipline in schools effectively. Furthermore, learners and educators need to be empowered to manage conflict and to fulfil their education roles
“Boys’ role in life is to protect and defend”: Primary school boys’ constructions of masculinity within a context of violence
Get PDFBoys have been found to be the main perpetrators of violence and bullying in schools, putting a spotlight on masculinities. However, boys are not always active producers of violence. This article examines ways in which primary school boys who denounce violence explain their participation in it. It draws attention to how dominant gender and heterosexual ideologies impact the lives of boys at school. The data draws from a larger qualitative study which focuses on the experiences of school violence amongst boys in a primary school in KwaZulu Natal. The sample comprised fifteen grade seven boys. The primary method of data production was semi-structured individual interviews. The findings show that although the boys in the study condemned school violence, many could not escape being part of it. As boys, they felt compelled to protect and defend themselves, their families, girls and their friends. In their efforts to resist and mediate violence, they often resorted to violent methods in their masculine constructions. This article argues that it is necessary to focus on boys’ perspectives and shift the focus on violence from problematic individual behaviour to complex social and cultural contexts within which they navigate the everyday world of school. Towards this end, the conflicting implicit and explicit demands on boys sustained through social and institutional structures must be reworked
Effects of same-year/level peer-assisted learning on academic performance of students in health sciences extended curriculum programmes at a University of Technology in South Africa
Get PDFPeer-assisted learning (PAL) is a long-standing educational concept in higher education (HE) and has been subjected to ongoing development and ultimate implementation into so-called \u27high-risk\u27 programmes. Substantial literature and evidence are available to confirm that PAL is an effective tool for unlocking active learning in medical education. This paper focusses on the effects of same-year/level PAL implementation on the academic performance of tutors and tutees in a health sciences\u27 extended curriculum programme (ECP) at a University of Technology (UoT) in South Africa (SA). A retrospective, longitudinal and quantitative analysis of pre- and post-intervention results of three consecutive ECP student cohorts (2017–209) was conducted to determine whether same-year/level PAL implementation enhanced academic performance. A total of 138 ECP students participated in this study and a statistically significant difference (p-value <0.05) was found with the overall comparison between the pre- and post-intervention results. Although not all ECP students benefited from this same-year/level PAL intervention, the findings of the study suggest that for the majority of ECP students, same-year/level PAL can be considered as an innovative educational intervention to improve academic success and preparedness for future studies
The role of expert evidence in civil litigation: a critical analysis (Part 1)
Get PDFSection 34 of the Constitution of the Republic of South Africa provides that everyone has the right to have any dispute that can be resolved by the application of law decided in a fair public hearing before a court or, where appropriate, another independent and impartial tribunal or forum. A number of foundational principles that underlie the South African law of civil procedure had been afforded express recognition by this section. One of these principles entail that the duration and costs of civil litigation should be reasonable. In the past decade, or so, there have been several initiatives to give effect to this ideal of civil justice for all. Despite this, there are still several impediments in the South African law that causes civil trials too be exorbitant and time-consuming. One of these impediments relate to the presentation of expert evidence testimony. Part one of this article will critically discuss the historical development of Uniform Court Rule 36(9), its recent amendments and the critique raised against the procedure. In part two the position in relation to the presentation of expert witness evidence in England and Wales, and Australia, as well as its possible contribution to the South African law will be discussed. It will be argued that the current procedure relating to the presentation of expert evidence in South Africa still has certain shortcomings and that the Rules Board will have to intervene to ensure that the procedure enhances access to justice in civil matters.  
ECOWAS protocol on Democracy and good governance: an analysis of response to the 2021 Guinean Coup D\u27état
Get PDFThe Economic Community of West African States (ECOWAS) aims to counter the economic, political, social, and security challenges of its sub-region. The aim is embedded in the fact that it is only an economically vibrant, politically stable, socially harmonious, and environmentally secure sub-region that can promote “collective self-sustenance”. The pursuit of this mandate led to the creation of several protocols; one of which mandates the organisation to uphold democracy and good governance within its member states. ECOWAS attempts at fulfilling this obligation often suffer setbacks. This research aims to provide answers to the following questions: 1. Why did ECOWAS respond to the 2021 coup d’état in Guinea the way it did? 2. What is the impact of ECOWAS response to the 2021 coup d’état in Guinea on the perception of member-states? The article deploys the qualitative methodology of a single case-study of the 2021 coup d’état in Guinea, to examine ECOWAS capacity of fulfilling its mandate on democracy and good governance. For this purpose, data were sourced through secondary sources, and the descriptive and historical approaches are applied to examine the content and context of ECOWAS response. Furthermore, the concept of democratic backsliding is used as an analytical framework because it provides elucidation for the political development of African states. In the final analysis, it is observed that ECOWAS capacity for political or military intervention in “democratically troubled” member-states may be constrained by both the organisation’s internal contradictions and the member-states’ lack of resolve to strengthen ECOWAS
No full textAs a sub-focus area of African theology, “Pastoral care in Africa” has been discussed considerably since the beginning of the post-colonial period in the 1960s. However, few scholars have articulated a definitional framework. Therefore, the ontological question: What is pastoral care in Africa? is worth posing to understand its “being”. This article locates the discussion of pastoral care in Africa within the rising trend of creative theologies that emerged after colonisation. The article proceeds by framing the context of pastoral care in Africa, followed by describing the undergirding presuppositions to caregiving in Africa. Then the article advances a definition of pastoral care in Africa, which is followed by a discussion about the elements that demarcate it. The article concludes by proposing “relationality, participation, presence,consultation, joint exploration and collective decisionmaking, cooperation, and contribution” as critical principles that emerge from the conceptual definition of pastoral care in Africa for effective caregiving
Cur Deus Homo vs Homo Deus and the Evolution of Humanity: Quo Vadis?
Get PDFThis article deals with the profound shifts that are taking place in light of the Fourth Industrial Revolution, in whichhumanity’s future is highly topical. The article engages Thomas Merton’s re-evaluation of Anselm’s Cur Homo Deo with Harari’s book Homo Deus (2015) and argues that, while we must take Harari’s views seriously, thefuture evolution of humanity is not the human godsuggested by Harari, but that suggested by Merton, who argues that the incarnation shows God’s love for creation; shows Christ as the pattern of what it means to live a holy life, and, ultimately, shows the future of both the cosmos and humanity, where all is taken into the very heart of God. Harari views the future as the creation of a benevolent human god; Merton views the future as a place where all of creation is divinised