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Legal representation at internal disciplinary enquiries : the CCMA and bargaining councils
No full textThe right to legal representation at internal disciplinary hearings and arbitration proceedings at the Commission for Conciliation, Mediation and Arbitration (CCMA), and bargaining councils, where the reason for dismissal relates to misconduct or incapacity is a topic that is raised continuously and often debated. Despite no amendments to labour legislation pertaining to the issue at hand there was however a recent Supreme Court of Appeal judgment. This judgment alters one’s view and clarifies the uncertainties that were created around Rule 25 of the CCMA rules, it also brings a different perspective to the matter, but it will however continue to ignite significant interest. There is no automatic right to legal representation at disciplinary hearings, at the CCMA, and at bargaining councils where disputes involve conduct or capacity and this is the very reason why it is a contentious matter for all parties to grapple with. The dismissal of an employee for misconduct may not be significant to the employer, but the employee’s job is his major asset, and losing his employment is a serious matter to contend with. Lawyers are said to make the process legalistic and expensive, and are blamed for causing delays in the proceedings due to their unavailability and the approach that they adopt. Allowing legal representation places individual employees and small businesses on the back foot because of the costs. Section 23(1) of the Constitution of the Republic of South Africa, Act 108 of 1996, provides everyone with the right to fair labour practices, and section 185 of the Labour Relations Act 66 of 1995 gives effect to this right and specifies, amongst others, that an employee has the right not to be unfairly dismissed. At internal disciplinary hearings, the Labour Relations Act 66 of 1995 is silent as to what the employee’s rights are with regards to legal representation and the general rule is that legal representation is not permitted, unless the employer’s disciplinary code and procedure or the employee’s contract allows for it, but usually an employee may only be represented by a fellow employee or trade union representative, but not by a legal representative. In MEC: Department of Finance, Economic Affairs and Tourism, Northern Province v Mahumani, the Supreme Court of Appeal held that there exists no right in terms of the common law to legal representation in tribunals other than in courts of law. However, both the common law and PAJA concede that in certain situations it may be unfair to deny a party legal representation. Currently the position in South Africa is that an employee facing disciplinary proceedings can put forward a request for legal representation and the chairperson of the disciplinary hearing will have the discretion to allow or refuse the request. In Hamata v Chairperson, Peninsula Technikon Internal Disciplinary Committee, the Supreme Court of Appeal found that the South African law does not recognise an absolute right to legal representation in fora other than courts of law, and a constitutional right to legal representation only arises in respect of criminal matter
Geological and geophysical investigation of the South Eastern Karoo Basin, South Africa.
No full textGeological and geophysical methods were used to investigate the southeastern Karoo Basin of South Africa in an area extending from longitudes 24 o E to 29o E and latitudes 32o S to 35o S. This was undertaken in order to reveal geologic structures, isochore thicknesses of the geologic sequence and their variations across the study area, proffer the possible provenance of the sediments and assess the potential of oil and gas accumulation. The methodology used includes field investigation, rock sampling, preparation of thin sections, petrographic studies, X-ray diffraction analysis, density measurements, porosity calculations, extraction of elevation data from Google Earth, 2½ D gravity profile modelling, generating of isochore (true vertical) thicknesses and depositional surfaces maps from the models, PetroMod 1D modelling and qualitative interpretation of magnetic, gravity and radiometric maps.
Petrographic study was carried out on twenty six thin sections of rocks from the eleven geologic formations that cover the study area. Petrographic studies on the diamictite of the Dwyka Group shows abundance of monocrystalline quartz, granite and quartzite components in the breccias which possibly indicate the existence of granitic and metamorphic rocks in the source areas. The sandstones of the Ecca and Beaufort Groups are immature, greywacke and the heavy mineral assemblages signify that the minerals are of granitic, volcanic and metamorphic origin.
The magnetic maps show two main magnetic anomalies, a major one trending in a northeast to southwest direction which is part of the Beattie magnetic anomaly and another that is a “bean-shaped” anomaly. The radially averaged power spectrum shows two depths to magnetic sources. The first depth is about 0.6 km which is the average depth to the top of the shallow sources, while the average depth to the top of the deep sources is about 15 km. The shallow sources are connected to magnetic minerals within the Beaufort Group while deep magnetic sources were inferred to be in the basement.
The gamma ray spectrometric map shows areas with relatively high gamma radiation count. The high radiation count is possibly due to the uranium and thorium in the detrital materials, as well as the enrichment of radioelements in the feldspars (k-feldspar), calcite, quartz, zircon and clay minerals in the fluvial channel sandstones of the Beaufort Group. A total of two hundred and fifty-eight (258) rock samples were collected in the field and densities (dry, wet and grain densities) and porosities were determined in the laboratory. The Karoo Supergroup density values range from 2.526 – 2.828 g/cm3. The average porosities range from 0. 49 – 3.31 %. The dry densities and porosities of all the formations are inversely correlated with correlation coefficient values (R) that range from 0.9491 - 0.9982. The density of the dolerite intrusions (mostly sill) ranges from 2.700 – 2.837 g/cm3 whilst the porosity range from 0.1118 – 0.3868 %.
The Bouguer anomaly map shows an increase in gravity values from -140.7 mGal in inland to about 60.1 mGal in coastal areas. This dominant gravity variation is inferred to be due to a deeper basement and/or Moho that get shallower from inland towards the coast. The Moho is at about 45 km depth inland and shallows to about 42 km at the coast.
The 2½ D gravity modelling was done for fourteen (14) profiles with each profile having three (3) models corresponding to minimum, average and maximum densities to obtain the thicknesses of the geologic sequence. The current isochore thicknesses extracted from the gravity models show that the Beaufort Group is the thickest of all the groups that make up the Karoo Supergroup with maximum vertical thickness of up to 634 m, followed by the Ecca and Dwyka Groups with maximum vertical thicknesses of about 3207 m and 727 m, respectively. The maximum elevation for the Dwyka, Ecca and Beaufort sediments are about 500 m, 400 m and 285 m, respectively, whilst the maximum depth below sea level are around 8500 m, 7000 m and 5500 m, respectively.
The PetroMod1D model result yield average vitrinite reflectance and temperature values of about 6 % and 500 ℃ respectively for the lower Ecca Group which belong to the dry gas window based on classification by several authors. Thus the rocks of the lower Ecca Group are thermally matured for hydrocarbon (shale gas) generation that can merit gas exploration in the Karoo Basin.
Keywords: Gravity, modelling, Karoo Basin, provenance, density, porosity, thickness, elevation, depth and sea level
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Applied Strength of Materials 111: STMB3/0
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Mathematics III: MAT 3024 AND MAT3/0
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