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Examination of the interpretation of public interest considerations: an evaluation of mergers under the Competition Act 1998
The assessment of mergers is firstly whether they will lessen or prevent competition, secondly whether there are any technological or pro-competitive gains justifying an otherwise anticompetitive merger, and lastly whether they are justified on grounds of public interests. Section 12A(3) of the Competition Act states that when determining whether a merger can or cannot be justified on public interest grounds the Competition Commission or the Competition Tribunal must consider several factors. These include: the effect that the merger will have on a particular industrial sector or region, employment, the ability of small businesses or firms controlled or owned by historically disadvantaged persons to enter into, compete, expand in the market, and the ability of national industries to compete in international markets as well as the promotion of a greater spread of ownership, in particular, to increase the levels of ownership by historically disadvantaged persons and workers in firms in the market. Therefore, this study seeks to determine whether courts have brought the public interests principles to bear when interpreting agreements parties enter into to facilitate mergers. To this study, the latter question is important because it seeks to determine whether public interests are given effect to when considering the historical imbalance/context from which South African competition law comes.Thesis (LLM) -- Faculty of Law, 202
Key for the identification of third instar larvae of African blowflies (Diptera Calliphoridae) of forensic importance in death investigations
Blowfly larvae are the insects primarily responsible for the active stage of decomposition of exposed vertebrate remains and are the most frequently collected entomological evidence during forensic investigations of death. The necrophagous calliphorids in continental Africa that consistently develop on large vertebrate carrion include 11 species belonging to four genera: Calliphora, Chrysomya, Hemipyrellia and Lucilia. Most of these species are widespread in Africa and frequently reported on large animal carcasses and carrion and human corpses. A few keys have been compiled for identification of their third instar larvae, but none of them covers the complete set of taxa. Therefore, we provide a new comprehensive key with original illustrations of all taxonomically significant characters. The key is based on characters that should be easily observable even in poorly equipped local laboratories and is a reliable taxonomic tool for material collected in either urban or rural areas where synanthropic species predominate. However, it should be used with some caution in areas with relatively pristine natural habitats, where additional carrion-breeding species may occur. The publication of the key will significantly facilitate both medical and forensic entomological research and practice in Africa
Transformative Learning for Teacher Educators: Making sense of Education for Sustainable Development (ESD) policy emphasis on transformative education
This chapter addresses UNESCO’s ESD for 2030 call to push the transformative edge on education needed all over the world so that a sustainable future can be created. More specifically, it responds to the need for building educator ca-pacity for transformative and transgressive learning in a de-veloping world context where high levels of inequality persist in society as a whole, and in the education system. The con-cept of transformative, transgressive learning is examined against a backdrop of contextual realities and challenges. This is followed by a detailed discussion on how, through multi-stakeholder partnerships and networks, we are building teacher educator capacity in the Schools and Sustainability, Fundisa [Teaching] for Change and the Sustainability Starts with Teachers Action Learning programme in South and Southern Africa respectively. These initiatives may offer in-sights into transformative learning in teacher education for those seeking to enable transformative ESD learning in their programmes.This chapter addresses UNESCO’s ESD for 2030 call to push the transformative edge on education needed all over the world so that a sustainable future can be created. More specifically, it responds to the need for building educator ca-pacity for transformative and transgressive learning in a de-veloping world context where high levels of inequality persist in society as a whole, and in the education system. The con-cept of transformative, transgressive learning is examined against a backdrop of contextual realities and challenges. This is followed by a detailed discussion on how, through multi-stakeholder partnerships and networks, we are building teacher educator capacity in the Schools and Sustainability, Fundisa [Teaching] for Change and the Sustainability Starts with Teachers Action Learning programme in South and Southern Africa respectively. These initiatives may offer in-sights into transformative learning in teacher education for those seeking to enable transformative ESD learning in their programmes
Lalela uLwandle: An experiment in plural governance discussions
Symbolic, cultural and spiritual meanings of the oceans, whilst different depending on positionality, are important aspects of understanding humans’ relationship with the oceans. Currently in South Africa, cultural, social and spiritual meanings of the oceans are given little consideration in the rush for the Blue Economy and ocean governance frame-works. Neither are they widely considered in environmental conservation and management. This chapter argues that for inclusive ocean governance it is necessary to create more equitable listening forums for how different epistemologies makes sense of the oceans. The chapter draws from the research-based theatre project called Lalela uLwandle performed along the KwaZulu-Natal Coast. The chapter explores what is lost when knowledge systems are conceived as incommensurable and how this serves hegemonic interests. Importantly, it also explores what might be gained when we embody more fluid and plural epistemologies that can mould, expand, broaden and enrich our decision-making process on the ocean
Exploring and contextualising the predominant coastal and marine environmental worldview orientations of millennial South Africans
The increase in human activities within the marine and coastal environments has introduced new stressors to the ocean’s ecosystems. Despite the increasing specification of coastal and marine environments within South African management policy and programmes, marine issues as well as ocean and coastal-related environmental inspections still lag behind terrestrial issues. Previous research identified the importance of including contextual factors within the study of environmental worldviews and behaviour. The present study aimed to address the identified needs within South African environmental management frameworks for proactive approaches, with consideration to the values and beliefs of the citizens of South Africa as specified in the National Environmental Management Act. The study specifically explores the coastal and marine environmental worldviews of a sample of South African millennials with reference to the contextual constraints, which influence their environmental perceptions and behaviours. This generation constitutes 26.4% of South Africa’s population and, according to literature, is largely underrepresented within environmental discourse. This exploratory-descriptive study utilised four research phases to contextualise the coastal and marine environmental worldviews of nine millennial South Africans, namely, a systematic review of 1236 academic articles, an observation and analysis of 50 environmentally focused Tweets from South African news media outlets, and the subsequent engagements, the distribution of a compiled coastal and marine environmental worldview scale to a sample of nine millennial South Africans and, finally, a set of phenomenological interviews with nine millennial South Africans to discuss the contextual constraints to pro-environmental behaviours. The findings of the study resulted in the provision of a theoretical model regarding the antecedents to environmental behaviour, which addressed the complexity of antecedent attributes omitted in contemporary theory. Additionally, the findings provided a framework of contextual attributes from which to address South African coastal and marine environmental worldviews. The findings further provided baseline information for proactive, informed, as well as participatory decisions and programmes for policy, development, and conservation. The present study represented a novel contribution to academic knowledge through its provision of a theoretical and contextual framework from which to study the antecedents of environmental behaviour. It further presents a novel contribution to development practice, allowing for proactive approaches to environmental management.Thesis (D.Phil) -- Faculty of Business and Economic Sciences , School of Economics, Development & Tourism, 202
“Eye on the big prize!”: Iconizing the Democratic Alliance in the Daily Sun
This article gives a snapshot view of how Mmusi Maimane’s rise to leadership in the Democratic Alliance (DA) in 2015 was reported on in the Daily Sun, South Africa’s biggest-selling national daily newspaper (South African Audience Research Foundation, 2016). Through analysis of a Daily Sun news article exemplifying trends in the positioning of the DA in the tabloid over the first half of 2015, the present study demonstrates how Maimane tried to align the DA around a new iconography (Tann 2010, 2013), centred on the values of “freedom”, “fairness” and “opportunity”. Moreover, the present study also shows how this purported transformation in the DA was treated with scepticism by the news article’s author, who iconizes the DA as incapable of transformation and effective governance. Fine-grained complementary Legitimation Code Theory (LCT) and Systemic Functional Linguistics (SFL) analyses were conducted on this news article. The LCT analysis shows how multiple voices in the news article create conflicting binary constellations, axiologically charged through various linguistic resources, including intertextual references. The analysis, using SFL’s Appraisal system (Martin and White 2005), shows how iconization is accomplished in the news article through evaluative language, coupled with intertextual references, grammatical metaphor andtechnicality to produce syndromes of meaning in the news article. Such iconization works, in this case, to reproduce an attitude of cynicism toward party politics in post-apartheid South Africa. This cynicism foreshadows Maimane’s ultimate lack of success in transforming the discourses of the DA
Knowledge, attitude and perceptions of pre-hospital emergency care providers concerning pre-hospital clinical practice guidelines in the Mangaung Metropolitan area, Free State, South Africa
Background and Introduction. Pre-hospital emergency care provided in a timeous and efficient manner is a pivotal component in improved patient prognosis, after a life altering situation has occurred. This management of patients is rendered prior to arrival at a medical facility. This service is provided by pre-hospital emergency care providers who apply life saving techniques and knowledge within their scopes of practice and then transporting patients to appropriate medical facilities for definitive care. Pre-hospital emergency care providers of all levels of care, namely: Basic life support, Intermediate life support and Advanced life support render emergency care services to patients with a main goal of seeing patients return back to normal life living. For this to be achieved, the providers must be empowered with the best knowledge, appropriate skills and adequate equipment at their disposal. Clinical practice guidelines are recommendations that are based on evidence in order to support beneficial clinical practices. These were introduced in the pre-hospital setting in South Africa in 2018 to review the scopes of practice of all levels of care, and make appropriate changes and additions for the betterment of the patient and the upskilling of pre-hospital emergency care providers. Since the providers are the end users of these guidelines, and are expected to apply them on patients, they are the best candidates to provide clarity on their perceptions, experiences and challenges which leads to the research questions being: What are the perceptions of the Pre-hospital Emergency Care Providers on the Pre-hospital Clinical Practice in the Guidelines? And What are the challenges experienced by the Pre-hospital Emergency Care Providers with regards to the implementation of the Pre-hospital Clinical Practice Guidelines in the application of Pre-hospital emergency medicine? The aim of the study was to explore the perceptions of the Pre-hospital Emergency Care Providers using the implemented Pre-hospital Clinical Practice Guidelines. Methods The study adopted a qualitative research approach with a purposive sampling method used to select the participants. This type of non-probability technique was suitable in the study as it is based on the researcher’s judgement of the participants being knowledgeable on the questions asked. An interview guide was utilised to collect data through semi-structured one on one interviews during which participants perceptions on the Clinical practice guidelines were shared. The data analysis process brought forth themes and sub themes that were aligned to the research findings which yielded the results. Results/findings The results encompassed the participants’ perceptions about pre-hospital clinical Practice Guidelines, as well as their knowledge, attitude, challenges, suggestions and recommendations. These results unearthed some of the reasons for the pre-hospital emergency care providers perceptions towards the guidelines. The majority of PECPS have a positive attitude towards the pre-hospital clinical practice guidelines, but have challenges with the availability of equipment and drugs which is caused by the lack of due diligence in complying with the implementation of the guidelines. Conclusion The recommendations and suggestions from the participants and researcher come with divisive strategies to the implementation of the guidelines and activities to be applied for the smooth implementation of the pre-hospital clinical practice guidelines. The basis for these recommendations and suggestions were the results as per the research findings.Thesis (MPH) -- Faculty of Health Sciences, 202
A review of the Siyakhula Living Lab’s network solution for Internet in marginalized communities
Changes within Information and Communication Technology (ICT) over the past decade required a review of the network layer component deployed in the Siyakhula Living Lab (SLL), a long-term joint venture between the Telkom Centres of Excellence hosted at University of Fort Hare and Rhodes University in South Africa. The SLL overall solution for the sustainable internet in poor communities consists of three main components – the computing infrastructure layer, the network layer, and the e-services layer. At the core of the network layer is the concept of BI, a high-speed local area network realized through easy-to deploy wireless technologies that establish point-to-multipoint connections among schools within a limited geographical area. Schools within the broadband island become then Digital Access Nodes (DANs), with computing infrastructure that provides access to the network. The review, reported in this thesis, aimed at determining whether the model for the network layer was still able to meet the needs of marginalized communities in South Africa, given the recent changes in ICT. The research work used the living lab methodology – a grassroots, user-driven approach that emphasizes co-creation between the beneficiaries and external entities (researchers, industry partners and the government) - to do viability tests on the solution for the network component. The viability tests included lab and field experiments, to produce the qualitative and quantitative data needed to propose an updated blueprint. The results of the review found that the network topology used in the SLL’s network, the BI, is still viable, while WiMAX is now outdated. Also, the in-network web cache, Squid, is no longer effective, given the switch to HTTPS and the pervasive presence of advertising. The solution to the first issue is outdoor Wi-Fi, a proven solution easily deployable in grass-roots fashion. The second issue can be mitigated by leveraging Squid’s ‘bumping’ and splicing features; deploying a browser extension to make picture download optional; and using Pihole, a DNS sinkhole. Hopefully, the revised solution could become a component of South African Government’s broadband plan, “SA Connect”.Thesis (MSc) -- Faculty of Science, Computer Science, 202
Lateral and vertical mineral-chemical variation in high-grade ores of the Kalahari Manganese Field, and implications for ore genesis and geometallurgy
The Kalahari Manganese Field (KMF) is a world-class resource of manganese ore hosted by the Paleoproterozoic Hotazel banded iron formation. KMF ores are categorised into two main types, i.e., low-grade, carbonate rich, braunitic ore (Mn≤40wt%) and carbonate-free, high-grade, Ca-braunite+hausmannite ore (Mn≥44wt%). High-grade ores, also known as Wessels type from the homonymous mine in the northernmost KMF, are thought to have formed from variable degrees of hydrothermal carbonate and silica leaching from a low-grade ore precursor, termed Mamatwan-type after the homonymous mine in the southernmost KMF. This project aims to conduct a mineralogical and mineral-chemical study of representative manganese ore samples from a suite of drillcores intersecting both the upper and the lower layers in the northern KMF, covering the areas of Wessels, N’chwaning and Gloria mines. Petrographically, the high-grade Mn ore displays great variability in three-dimensional space. Texturally, the ores exhibit a great variety of textures which may or may not show preservation of the laminated and ovoidal textures that typify the postulated low-grade protore. There is also significant variation in the mineralogical and geochemical characteristics of the high-grade Mn ores both vertically and laterally. Vertical variation includes, probably for the first time, variability between the upper and lower ore layers within individual drillcores of the Hotazel sequence. Mineralogically, the ores contain variable modal abundances of the ore-forming minerals braunite (I, II, “new”) and hausmannite, and much less so of bixbyite, marokite and manganite. Common accessories include andradite, barite and low-Mn carbonate minerals. Chemically, the dominant ore minerals braunite and hausmannite, contain Fe up to 22 and 15wt% respectively, which accounts for the bulk of the iron contained in the ores. Braunite compositions also exhibit a large range with respect to their ratio of Ca/Si. Mineral-specific trace element concentrations for the same minerals measured by LA-ICP-MS, reveal generally large variations from one element to the other. When normalized against the trace element composition of bulk low-grade precursor ore, strong enrichments are recorded for both hausmannite and braunite in selected alkali/alkali earth elements, transition metals and lanthanides, such as Sc, Co, Zn, Cu, Pb, La, and Ce. These are akin to enrichments recorded in average high-grade ore. Although there is also no obvious relationship between Fe content in both hausmannite and braunite and their trace element abundances, the drillcore that captures high-grade ore with the highest trace element concentrations appears to be located most proximal to a major fault. Results collectively suggest that high-grade Mn ores of the KMF have undergone a complex hydrothermal history with a clear and significant metasomatic addition of trace elements into ore-forming minerals. First order trends in the mineralogical and mineral-chemical distribution of the ores in space, suggest hausmannite-dominated ores near the Hotazel suboutcrop, and an apparent decline in ore quality with braunite II-andradite-barite-calcite ores as the major graben fault is approached in a southwesterly direction. The latter trend appears to be at odds with prevailing fault-controlled alteration models. Elucidating that hydrothermal history of the Wessels-type high grade Mn ores of the KMF, will be crucial to understanding the compositional controls of these ores in space, and the potential impact thereof in terms of geometallurgy.Thesis (MSc) -- Faculty of Science, Geology, 202
A review of the performance management system in municipalities: a case Study of Mnquma Local Municipality
Mnquma Local Municipality is a category B municipality situated in Butterworth in the Eastern Cape with the population of 250 000. Mnquma Local Municipality has a mandate of ensuring that quality services are delivered to its counterparts. Mnquma Local Municipality has a performance management system in place used as a tool to fulfil the mandate. Performance management system is a system that is meant to ensure that the goals and objectives of organisations are achieved. PMS is used worldwide by both the private and public sectors. PMS was first used by the private sector to maximise profits and to minimise poor performance. The public sector also decided to introduce PMS in order to improve the quality-of-service delivery to the public. As such, PMS is a tool that is used to monitor, review, evaluate and assess performance of individual employees. PMS in the public sector especially in the local sphere of government is very important because municipalities are closest to the citizens and are at the core of service delivery. This study sought to investigate how PMS at Mnquma Local Municipality in the Eastern Cape Province was utilised. The study utilised qualitative data collection and analysis techniques. Fourteen respondents were interviewed in order to get a better understanding of PMS at Mnquma Local Municipality. Data was analysed using thematic content analysis. The theoretical framework used in this study is goal-setting theory and control theory of performance management system The key findings of the study were: the respondents regarded PMS as “tool” utilised to carry-out work in the municipality. Respondents believe that somehow all the employees are subjected to PMS one way or another whether knowingly or not. Municipality should offer employees performance bonuses to motivate them to achieve goals and objectives of the municipality. The recommendations are: the municipality should cascade the PMS to the lower-level employee of the municipality. The municipality should offer bonuses to the employees to elevate the performance of individual employees and to ensure that the goals and objects are achieved.Thesis (MPA) -- Faculty of Management and Commerce, 202