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    The mediating role of assessments in the development of problem-solving skills in university students

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    Peer reviewed article published under Inkanyiso journal, Volume 10 Number 1, p.12-27, November 2018.The purpose of the study was to examine the mediating role of assessments in the development of problem-solving skills in university students at a selected university in Botswana. The study was specifically an attempt at identifying assessment strategies and question types that promote the development of problem-solving skills in university students. As part of the study, challenges which are faced by lecturers that militate against the development of assessments for the development of problem-solving skills in students were identified. The study used samples of 438 students and 108 lecturers selected using a stratified random sampling procedure to collect data about the role of assessments in the development of problem-solving skills in university students. A structured questionnaire that used a 5-point Likert scale was used for data collection. Collected data was analysed using SPSS version 24. Results of the study showed that assessment strategies that include practical examinations, projects, portfolios, quizzes, short tests, inclass assessments (ICAs) and written examinations can be used to develop problem-solving skills in students, while oral presentations do not develop problemsolving skills in students. It was also found that assessment type questions that include essays, case studies, short answer and assertion/reasoning questions could be used to develop problem-solving skills in students, while assessment question types such as multiple choice, fill-in the blanks, matching and true or false do not lead to the development of problem-solving skills in university students. Results of this study will play a significant role in conscientising university lecturers on the types of assessments which can be used for the development of problemsolving skills in university students

    Section 1 of the Civil Union Act 17 of 2006: Does the blanket ban on minors from entering into a civil union underpin “the best interests of the child” principle in terms of the Constitution of the Republic of South Africa

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    A dissertation submitted to the Faculty of Commerce, Administration and Law in fulfillment of the requirements for the Degree of Doctor Of Laws in the Department of Private Law at the University Of Zululand, 2018The purpose of the study was to firstly determine whether the categorical ban of minors from entering into a civil union undermines the “the best interests of the child” principle, and if so, whether section 1 of the Civil Union Act unjustifiably violates the Constitution. The study furthermore evaluated the current South African marriage law system in determining whether the prohibition of minors from entering into a civil union, whilst the Marriage Act and the Recognition of Marriages Act afford minors (provided they obtain the required consent) the right to enter into a marriage, results in disparity and whether such disparity violates minors’ right to equality before the law and their right to have their dignity respected and protected. The study was conducted by applying qualitative research methodology. An interpretivist paradigm was applied whilst a descriptive and interpretive design were used to interpret and analyse the data. The data was collected in two phases. Phase one consisted of a historical and comparative analysis of primary and secondary sources. Semi-structured interviews were conducted in terms of the second phase of the data gathering proses. In conducting the interviews, ten participants were purposively selected from the offices of the family advocates in the area of Durban, Pietermaritzburg and Ntuzuma. Eight common themes emerged from the interviews. The findings, in respect of the second phase of the study, were integrated with the findings in respect of phase one. Ultimately the study concluded that as a result of section 1 of the Civil Union Act categorically excluding “the best interests of the child” principle, section 1 of the Civil Union Act is in violation of section 28(2) as well as other fundamental constitutional rights of minors. From the comparative analysis that was conducted within the first phase of the study, recommendations are made to address the indifference that results from the application of the various legislation regulating the current South African matrimonial law system

    Research Data Management (RDM) in agricultural research institutes: a literature review

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    Peer reviewed article published under Inkanyiso journal, Volume 10 Number 1, p.28-50, November 2018.This article presents a survey of literature on Research Data Management (RDM) with focus on agricultural research institutes. This is to help the understanding of core issues in RDM such as legal, policy and regulations; skills set and infrastructure in order to strategically position the agricultural sector in the knowledge economy and also help in reducing duplication of effort, promoting innovation, minimizing loss or destruction of research data sets and that ensuring compliance with funders’ requirements. The author argues that while RDM has been widely embraced in developed countries Africa is lacking behind. The literature reviewed in this article seem to suggest that legal, policy and regulatory framework in agricultural research sectors are either nonexistent or outdated. This is exacerbated by inadequate technical infrastructure, human resources capacity, and paucity of national or international partnerships. As a result, research data sets within agricultural institutes are poorly managed. The establishment of a legislative and policy framework for RDM; capacity building programs, and improvement of technical infrastructure are highly recommended

    The realisation of children’s survival rights in South Africa, Kenya and the Democratic Republic of Congo: a comparative analysis

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    A thesis submitted to the Faculty of Commerce, Administration and Law in fulfillment of the requirements of the Degree of Doctor Of Laws in the Department of Law at the University of Zululand, 2018The thesis involved a comparative analysis of compliance with international conventions dealing with the application of children’s rights in three Sub-Saharan jurisdictions, namely, South Africa, Kenya and the Democratic Republic of Congo (DRC). All the three countries selected for comparative analysis signed and ratified the Convention on the Rights of the Child (CRC). In this way they committed themselves to work towards the fulfillment of children’s rights at domestic level respectively. However, for many years realising full compliance with regard to children‘s rights still presents a challenge for each of these countries selected. The purpose of the investigation is to explore the extent to which children’s survival rights were fulfilled, and to identify ways to overcome the challenges that the three countries face. The concept of children’s survival rights in this study denotes rights to basic nutrition, basic health care services and social security. To answer the question the study relied on a qualitative evaluative approach based on desktop and library research. The researcher used primary and secondary sources. Although the investigation revealed that the three countries have domesticated children’s rights norms within their laws, certain gaps in implementation present a cause for concern. As a result the findings from the study confirm that despite the gaps highlighted herein, South Africa has made significant progress towards realising children’s rights. Kenya as well is following in the foot prints evident in the South African example provided it tightens its law enforcement and adopts relevant legislative and other measures to realize its international obligation. The country where children’s survival rights are yet to be realised is the DRC. The study recommends that the South African department of social development should expedite the implementation of child support grants to include distributing equal benefits to every child throughout all communities without discriminating for whatsoever reason. The findings relevant to the scenario in Kenya suggest that Kenya has a duty to consider embarking on a vigorous programme to train its professional service to comprehend laws, policies, regulations and guidelines to maximize service delivery. With regard to social protection in Kenya, and given the fact that forty percent of the population consists of children from poor families, the study recommends that the cash transfers purporting to benefit orphans and other vulnerable children in Kenya needs to be extended beyond orphans and vulnerable child-beneficiaries to include children throughout all communities regardless of financial or other status. Deviating from better placed child-rights centres in South Africa and Kenya, by contrast the DRC needs to design, implement, monitor and evaluate child support grant programmes primarily targeting ultra-poor families. Furthermore, the study finds that the DRC can learn a lesson from South Africa if its government is to succeed to respect, protect, promote and fulfil the rights in the Bill of Rights as envisaged in the Constitution. In view of the findings, the study produced a model guideline for effective realisation of children’s rights. This study potentially contributes to a growing body of international and regional research about children’s rights with a particular focus on children’ survival rights in South Africa, Kenya and the DRC

    The determinants of food security status among indigent rural households in the Isikelo community of the Mbizana local municipality, Eatern Cape Province

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    A dissertation submitted to the Faculty of Commerce, Administration and Law in fulfillment of the requirements for the Degree of Masters Of Commerce in Economics in the Department of Economics at the University Of Zululand, 2018The Eastern Cape is the second largest province in the country, with high levels of poverty, and hence its rural areas, in particular, are considered to be highly food insecure. There is little known about the factors which determine the households' food security status in small rural towns such as Mbizana, a local Eastern Cape municipality mainly comprising of indigent households, for no such studies have been conducted in this area. The main objective of the study was to identify the relevant factors that affect the food security status of the households in the Isikelo community of the Mbizana local municipality. The study employed a systematic random method to select 330 participants to participate in a survey. The data collection occurred over the period of December 2016 to February 2017. The study used two binary logit models, where the first one estimated the determinants of household food security status using the dietary diversity scores, while the second model used the household food insecurity access scale (HFIAS) developed by USAID in 2007. In the first logit model, five variables were found significant and these variables included household social grants, gender, total monthly income, remittances, and membership in maize cooperative. In the second logit model, the results indicated that 10 of the 15 commonly used predictors that were included in the model, were found to be statistically significant. These variables included household size, government social grants, gender, marital status, total household monthly income, farm income, remittances, improved seed, and subsistence farming (own food production). Moreover, 62.0% of the sampled households were food insecure, whereas 38.0% of them were found to be food secure. In comparison, the dietary diversity scores showed that 52% of the households were food insecure, whereas 48 were found to be food secure. There is a significant discrepancy in these two measures of food security. However, the study prefers the household food insecurity access scale because it uses a norm of 30 days, unlike the dietary diversity scale, which uses the data of 24 hour recall. Based on the findings of the study, it is recommended that the government should introduce programmes that promote farm cooperatives, as well as subsistence farming. It is also recommended that government should finance small farmers in order to produce diverse agricultural products in rural areas, which will upgrade the income, as well as food security status, of the households in the relevant municipality

    Evaluation of pre-service teachers’ readiness to teach: a case study of a South African university

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    Submitted in fulfilment of the requirements of the Doctor in Education in the Department of Curriculum and Instructional Studies in the Faculty of education at the University of Zululand, 2018.In an effort to understand why there is a general outcry about the poor quality of teachers who are produced by many institutions of higher learning, despite the practice teaching which is highly emphasised and offered to all pre-service teachers who intend to become teachers; this study sought to evaluate the pre-service teachers’ readiness to teach. The expectation in education is that pre-service teachers should complete their studies having been adequately prepared to teach. On the contrary, most of them exit the programme underequipped to teach. Within the qualitative methodology, a case study of a South African University was used. Sixteen third year B.Ed. pre-service teachers who were placed in uMkhanyakude and King Cetshwayo districts were purposively selected and observed during their practice teaching period. They were also interviewed and documents which consisted of their files as well as university supervisors’ reports were analysed after practice teaching. Furthermore, sixteen subject mentors were interviewed because they spend adequate time with the pre-service teachers in schools during practice teaching session. The findings revealed, among others, that although the pre-service teachers displayed appropriate professionalism in schools, most of them lacked content knowledge as well as pedagogical skills. However, subject mentors portrayed them as being outstanding in content and pedagogy. Another finding was that the pre-service teachers did not have adequate competence on lesson presentation and development. They also lacked confidence in maintaining order in their classrooms. Because of the above mentioned findings, this study therefore suggests, among other things, the need for the institution of higher learning to revisit the curriculum of pre-service teachers and involve the partner schools during the redesigning of pre-service teachers’ curriculum to strengthen the confidence of both pre-service teachers and subject mentors. It also posits that pre-service teachers should be provided with sufficient teaching practice session in order to be well equipped with all activities that are rendered in schools from the beginning to the end of the school period

    The nature and pedagogical implications of English first additional Language writing among FET phase learners in the Pinetown district

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    A thesis submitted in fulfilment of the requirements of the degree Doctor of Philosophy in the Department of Curriculum and Instructional Studies, Faculty of Education, 2018.Writing remains central to effective learning. It is through writing that learners are able to access knowledge, express their ideas and thoughts in different subjects across the curriculum. Through writing, learners are also expected to display the acquired knowledge in their assessments and examinations. Competency in writing is therefore crucial for learners, especially in the last three years of schooling, prior to them entering the demanding writing contexts of higher education. Despite this, writing continues to be a challenge for the majority of learners in South Africa, especially those learners writing in their second language in which they are not competent and confident. Thus, this calls for the special attention to how writing is taught and learnt, specifically at the FET levels. This study, therefore, investigated the nature and pedagogical implication of English First Additional Language Learners (EFAL) writing among Further Education and Training (FET) phase learners in the Pinetown District. Guided by the Socio-cultural Learning Theory, I observed the writing lessons, analysed the types of writing produced by learners and explored the quality of writing among FET learners to understand the extent to which the writing practices and pedagogy meet the expectations of the curriculum. Five FET schools in the Pinetown District were purposively selected to participate in this study. Underpinned by the qualitative framework, the study employed the interpretative paradigm to understand the human experiences of writing within the natural classroom contexts. To gain insights into the writing activities and classroom pedagogy, five writing lessons were observed and recorded using a video camera. To understand the types of writing and the quality of learners’ writing, learners’ written tasks were collected and analysed. Findings from the analysis of the sample of written tasks collected from the five schools indicated that learners produced different types of writing: narrative essays, formal letters, friendly letters, formal letters, obituaries, diary entries, directions, interviews, invitation cards and covering letters. The study also found that this is in line with the curriculum which suggests that learners should be exposed to different types of texts to develop their cognitive and creative writing skills. The study found ii that the learners’ writing contained recurring incorrect spelling, misuse of capitalisation, violation of punctuation rules and incorrect use of tenses. Even though the analysis of the learners’ written tasks revealed that such incorrect use of writing mechanics does not necessarily affect comprehension or meaning of the learners’ texts, they, however, affect the overall judgement of the learners’ writing. Data from classroom observations, lesson analyses and analysis of the curriculum show that, at most, the writing approaches used by the teachers were in line with the writing approach suggested by the curriculum. Findings from the analyses of the writing lessons indicate that teachers mostly used the question and answer method to teach writing in the five schools. This method entails the teachers controlling the interactions in the classrooms through nomination-response cycle. The findings from the analyses of lessons suggest that teachers creatively employed code-switching for pedagogical and pastoral purposes. The study found code-switching to enhance learners’ understanding and thus fulfils an academic purpose, especially in situations where switching to isiZulu explained concepts better. The study concludes that the effectiveness of any curriculum and pedagogy depends on the teachers’ knowledge and understanding of writing and approaches to writing. For the effective development of the learners’ writing, teachers must, firstly, understand their curriculum and implement it in their classrooms. Secondly, the researcher believes that successful teaching and learning of writing also depends on the effective instruction methods that embrace the socio-cultural learning perspectives. Lastly, the researcher found code-switching to be inevitable in second language writing classrooms where the teachers and learners are competent in more than one language. The study recommends collaborative writing activities in the learners’ Zone of Proximal Development (ZPD) and the recognition of learners’ home language for the learning of second language writing skills

    The Impact of courtroom demeanour and non-verbal communication on the verdict

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    A dissertation submitted to the Faculty of Commerce, Administration and Law in fulfillment of the requirements for the Degree of Doctor Of Philosophy in the Department of Law at the University Of Zululand, 2018Over the years concern has been growing about justice being done in South Africa. Society’s faith in the justice system is not as strong as it was before and matters are being taken on appeal all too frequently. In addition to this, the professional body for legal practioners1 (The Law Society of South Africa or LSSA) is concerned that law graduates do not have all the attributes necessary for the profession. The LSSA is also concerned that the legal qualification (Bachelor of Laws or LLB) at most institutions focuses only on the “knowledge of the law” and not on the development of skills or abilities that will help graduates cope in the working world of the profession. as presented by the Council on Higher Education (CHE) at a colloquium on 11 November 2010. The law profession in South Africa has evolved to the point that it is no longer simply about the implementation of law. The Constitution2 has brought with it the requirement of due process, the right to a fair trial and the right to confront an accuser. These developments in the law call for further development in the skills of those who practice the law. Changes in the judiciary and the legal profession in general have brought with them the need for a review of how litigation and adjudication take place. This study focuses on key areas of communication in the trial process, namely demeanour and non-verbal communication. Neither of these areas have enjoyed the benefit of substantial theory building by scholars. The ability to correctly deal with evidence is a core competency for any presiding officer and legal practitioner as it impacts on the right to a fair trial. The Constitution has also emphasised the requirement that “justice must be seen to be done” and there appears to be a weakness in the system in this regard. This study focuses on evidence of demeanour and non-verbal behaviour/communication in the courtroom and how they impact on the outcome of trial. In as much as these concepts feature rather often in judgements there is a limited amount of literature to refer to for guidance on how to deal with demeanour and non-verbal behaviour during a trial. The aim of this study is to accentuate the fact that demeanour and non-verbal behaviour/communication do indeed impact on the outcome of the trial and that presiding officers, to some extent, lack adequate training and skill to effectively evaluate this type of evidence. The proper evaluation of evidence is central to a fair trial and justice. This study sets out the various approaches to: non-verbal communication within the social context of the courtroom, how the non-verbal behaviour of role players in a trial is dealt with, and how evidence of demeanour is dealt with when evaluating evidence. The gradual, but slow, growing body of knowledge in this regard illustrates what an integral part of the communication process of non-verbal communication really is. The qualitative approach adopted by this study (where presiding officers were interviewed) expanded the researcher’s understanding of how presiding officers deal with non-verbal communication/behaviour and demeanour when evaluating evidence. The responses from the in-depth interviews were mechanically recorded and this afforded the researcher the opportunity to gain insight into the perspectives of the presiding officers. The analysis of the responses led to the emergence of themes that were then formulated in a theoretical experience. When questioned about whether they had received sufficient training in how to deal with evidence of demeanour and non-verbal communication/behaviour all the participants in this study expressed a need for training in this regard. The study revealed that legal realism coupled with a functional approach to dealing with non-verbal communication and demeanour in the courtroom will improve the quality of judgements and add value to the work of presiding officers. The formulation of guidelines on how to better deal with evidence of demeanour and non-verbal communication/behaviour will take the judiciary and the legal profession closer to ensuring that “justice is seen to be done”

    Effect of planting depth and cutting orientation on growth and yield of sweet potato (Ipomoea Batatas L.(LAM) cultivars for small scale production in Verulam

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    A dissertation submitted to the Faculty of Science and Agriculture in fulfilment of the requirements for the Degree of Master Of Science in Agriculture in the Department of Agriculture at the University of Zululand, 2018Sweet potato (Ipomoea batatas L. (Lam) is an important root crop for small scale farmers in the KwaZulu-Natal province of South Africa. However, low storage root yields in small scale farming are attributed to a number of factors including poor selection of cultivars and possibly unsuitable cultivation practices. Therefore, two experiments were conducted over two growth seasons (2014/2015 and 2015/2016) to test the effect of sweet potato cultivar, orientation of cuttings at planting and planting depth of cuttings in the Verulam area of northern KwaZulu-Natal province. Both experiments were conducted in the field under rain fed conditions and both were laid out in a randomized complete block design (RCBD) with four replications per treatment. Experiment 1 tested four cultivars (Monate, Ndou, 199062.1 and Blesbok) in either horizontal or vertical orientation of cuttings at planting. In Experiment 2, cuttings of one cultivar (Bophelo) were planted at 5 different depths (5 cm, 10 cm, 15 cm, 20 cm and 25 cm) either horizontally or vertically. Vine lengths were measured at 3, 6, 9 and 12 weeks after planting on five randomly selected plants per plot. Aboveground biomass (ABM) yield, marketable yield (MY), non-marketable yield (NMY), storage root yield according to four size classes, total storage root yield and harvest index (HI) were determined at harvesting. Of the four cultivars tested in Experiment 1, cultivar 199062.1 scored the highest values for most parameters measured in season I, including MY, extra-large tubers (451 – 1000 g) and total storage root yield (significant, p<0.05). Cultivar Ndou scored the lowest values for all yield-related parameters measured in season I, but had the longest (significant p<0.05, at 12 weeks after planting) vines in season II. In season II, most differences among cultivars were not significant. For both experiments, there was generally a trend for plants grown from horizontally orientated cuttings to show higher values for most parameters measured than for plants grown from vertically orientated cuttings with significant (p<0.05) differences for total storage root yield and HI in season I. Planting cuttings to different depths did not have significant effect on any of the parameters measured, except for vine length at 12 weeks after planting for season II, where cuttings planted to a depth of 25 cm produced significantly (p<0.05) longer vines compared with other planting depths. However, it was observed that planting cuttings to a depth of 10 cm had a tendency to result in higher values for most parameters measured and 20 cm the lowest. The data collected in this study was preliminary and the experiments will have to be repeated before recommendations can be made to farmers with regards to the best cultivar, cutting orientation at planting and planting depth to use by small scale farmers at Verulam

    Transformative constitutionalism and the position of the doctrine of substantive legitimate expectations in reforming administrative law in South Africa.

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    Submitted to the Faculty of Commerce, Administration and Law in fulfilment or partial fulfilment of the requirements for the degree of Doctor of Laws in the Department of Law at the University of Zululand, 2018.The doctrine of legitimate expectation, initially adopted from English law, has been engrained in South African administrative law for some time, extending the scope of procedural rights afforded to individuals affected by administrative actions. In principle, the doctrine of legitimate expectations comprises two pillars: a procedural legitimate expectation which focuses on the procedure that a public authority will follow before making a decision, and a substantive legitimate expectation which focuses on the actual decision a public authority will make. Of concern, is that the doctrine continues to provide procedural protection to South Africans, yet on the face of it seemingly ignores matters that extend beyond procedural action. The substantive legitimate expectations pillar is not accepted in South African administrative law as grounds for review. The doctrine of substantive legitimate expectations is grounds for judicial review in other countries such as England, Ireland, New Zealand, the European Union and Hong Kong, among others. The evaluation of fairness as the driving force for granting substantive benefits for legitimate expectations in these jurisdictions could provide valuable indicators for incorporating substantive benefits through transformative constitutionalism in South African administrative law. South African courts have been reluctant to pronounce whether substantive legitimate expectations should be part of South African law, largely due to poorly substantiated cases before them as well as the issue of separation of powers. However, judgments such as Administrator, Transvaal v Traub and Others and Meyer v Iscor Pension Fund and Bel Porto School Governing Body v Premier, Western Cape have left the door open for the acceptance of the doctrine of substantive legitimate expectations into South African law in the future. The research highlights the fact that the current legal framework appears to be inadequate in protecting legitimate expectations as a whole. There is scant authoritative judicial precedent setting out whether and how a substantive legitimate expectation will receive substantive protection under the Promotion of Administrative Justice Act (PAJA). With regard to procedural fairness and v the absence of substantive legitimate expectations, it will be argued that PAJA lacks the vision needed for transforming South African administrative law into a dynamic system of law that provides the basis for the meaningful transformation of administrative justice. In addition, the 1996 Constitution completely omitted the term "legitimate expectation" from Chapter 2. The research will show that arguments raised in opposition to the recognition of substantive legitimate expectations mostly remain committed to an overtly conservative approach by the judiciary to administrative decision-making, and to a large degree lack a sincere commitment to constitutional transformation. A further objective of the research is to show that transformative constitutionalism under the new constitutional legal order can assist in addressing the need for the recognition of the substantive legitimate expectations doctrine in South Africa. In this context, values such as the supremacy of the Constitution, the rule of law, fairness, separation of powers, Bill of Rights, democracy, administrative justice and the institutions to uphold them, particularly the independent judiciary, will form an integral part of the study. Finally, by analysing relevant case law and foreign developments pertaining to substantive legitimate expectations, a framework will be provided for the corresponding need in South Africa

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