South East Academic Libraries System (SEALS)
Not a member yet
69550 research outputs found
Sort by
Minimum sentencing disparities in the criminal justice system
Get PDFIn South Africa, judicial officers have wide discretionary authority with regard to both the type of and the severity of the sentence. Sentencing is a particularly challenging part of the criminal justice process. It is challenging, because South Africa's sentencing system does not have uniform sentencing guidelines that can assist presiding officers in exercising their judicial discretion in the sentencing process. Nor does South Africa have a Sentencing Council to establish sentencing guidelines. Parliament adopted the Criminal Law Amendment Act, which provides for mandatory minimum sentences for certain serious and violent offences. One of the legislation's intended objectives was to advance consistency and avoid disparities in sentencing. The legislation has limited, but not eliminated the court's discretion. A deviation or an escape clause is provided to sentencing courts to depart from the prescribed minimum sentence. If a sentencing court is satisfied that substantial and compelling circumstances exist, departure is justified and a lesser sentence should be imposed. Legislature does not define the phrase "substantial and compelling circumstances". Nor does legislature provide guidance, regarding what the phrase constitutes and does not constitute. Thus, courts have to exercise their judicial discretion when imposing sentences. When interpreting the phrase substantial and compelling circumstances, the courts generally consider that the legislature prescribed minimum sentences as the sentences that should ordinarily be imposed for serious offences. The courts further consider that the legislature aimed to ensure a severe, standardised and consistent response from the courts. Thus, courts should not depart from the prescribed minimum sentence for lightly and flimsy reasons. Further, the traditional mitigating and aggravating factors should still be considered in sentencing. Additionally, if the court considers that the prescribed sentence will be unjust, the court has to depart from the prescribed sentence and impose a lesser sentence. The courts, however, interpret the abovementioned principles inconsistently. This is attributed to the legislature's failure to provide clear, uniform and adequate guidelines to the courts. Disparities in sentencing still permeate South Africa's sentencing system, which creates a challenge to achieve consistency in sentencing. The conclusion of this research is that there is still dissatisfaction with sentencing among the public and sentenced prisoners. Another conclusion of this research is that the legislation has exacerbated prison overcrowding. A further conclusion in this research is that the legislation has not achieved one of its fundamental objectives, namely advancing consistency and avoiding disparities in sentencing. Comparative research is also done in order to see how South Africa's system can be developed and/or improved.Thesis (LMM) -- Faculty of Law, Department of Criminal and Procedural Law, 202
The labour court’s approach in awarding costs
Get PDFThe unanimous judgment in the CC case of Union for Police Security and Corrections Organisations v South African Custodial Management (Pty) Ltd and Others [2021] ZACC 26, delivered by Judge Khampepe, highlighted the distinct approach to costs in labour matters. While the general rule in litigation is that costs follow the result, the Constitutional Court has consistently emphasised that this principle does not apply in labour disputes, as clarified in the landmark case of Zungu v Premier of the Province of KwaZulu-Natal and Others (CCT136/17) [2018] ZACC 1; (2018) 39 ILJ 523 (CC); [2018] 4 BLLR 323 (CC); 2018 (6) BCLR 686 (CC) (22 January 2018). The court emphasised its constitutional and statutory obligation to depart from the general rule in labour matters. However, section 162 of the LRA provides the LC with the authority to order the payment of costs based on the requirements of the law and fairness. Similarly, section 179 of the LRA grants the LAC the discretion to make cost orders considering the law and fairness. This presents an intriguing legal debate surrounding the interpretation of the LRA provisions and the assertion that costs do not follow the result in labour matters. It raises questions about whether this assertion aligns with sections 162 and 179 of the LRA and whether it applies to labour matters beyond the purview of the LC and LAC, such as disputes rooted in the law of contracts, administrative law or common law which can be adjudicated in alternative forums. This treatise aims to explore the historical development of the South African law of costs, with a particular focus on costs in labour matters. It will critically analyse whether the courts’ approach to costs in labour matters is legally sound, fair and consistent. By delving into these issues, this treatise intends to contribute to the scholarly discussion on costs in labour disputes, assess the appropriateness of the current approach, and propose potential areas for improvement.Thesis (LLM) -- Faculty of Law, Department of Mercantile Law, 202
Exploring healthcare service quality in the eastern cape: a case of Buffalo City Metropolitan Municipality
Get PDFEminent access to healthcare services has excessive social benefits to the poor, which in return result to many spill-over economic development of a country. A healthy society is a fundamental component of strategies of contesting poverty. Hence, improved ease of access to quality healthcare succeeds the reduction in poverty through a development of more productive human capital. It is in this context that the South African Democratic Government has ensured that amongst the orders of the day, quality healthcare is position as one of the highest priorities that require special focus. This study aims to identify and provide an understanding and appreciation of possible means, presented by the emerging 4IR Technologies, endeavoured to improve the quality of healthcare service in public healthcare institutions within South Africa. It is a reality that the future of medical care is most likely to change due to these emerging 4IR Technologies that are constantly transforming our daily lives. As a result, there is an evolution that is already going in the medical space, aimed at working with healthcare practitioners to find alternative solutions to deliver quality healthcare services. Amid these advancements, Information and Communication Technology’s solutions have taken a centre stage, providing means to increase access to quality healthcare, decrease costs, eliminate medical errors, and bridge the digital divide between rural and urban healthcare centres. Hence, the primary objective of this research is to identify new ways that will be fundamental in providing prominence future healthcare services. Qualitative Research Methodology, which applies a case study approach, was identified as the preferred methodology to be utilised to respond to the research objectives of this study. This research will therefore be of value to various stakeholders, more specifically to Government and Policy Makers, who are tasked to transform the country’s healthcare services. It will identify selected areas to be improved, and then recommend solutions and action plans to be implemented, in pursuit of enhancing quality of service provided in public healthcare centres.Thesis (MBA) -- Faculty of Business and Economic Sciences, Business School, 202
Local economic development as a catalyst for job creation in Amathole District
Get PDFThis study assessed local economic development (LED) as a catalyst for job creation in Amathole District. LED is a mechanism that could be used to reduce the socio-economic difficulties faced by the district. These socio-economic challenges include high levels of poverty, unemployment and inequality. The research study is crucial because its area of focus is situated in the province with the highest official unemployment rate in South Africa. With the rising levels of unemployment, which is rising unabated, there is a likelihood of fundamental challenges being experienced by municipalities inhibiting their ability to fulfil their critical service role effectively. The study seeks to investigate whether the LED strategies implemented by the municipalities in the Amathole District are achieving the objectives of poverty alleviation and job creation. The sample and focus were six local municipalities in the Amathole District and the district municipality. The local municipalities in the district are the Amahlathi Local Municipality, Great Kei Local Municipality, Mbhashe Local Municipality, Mnquma Local Municipality, Ngqushwa Local Municipality and the Amathole District Municipality. Primary data was obtained and assessed through semi-structured questionnaires, and the respondents were asked probing questions. The interviews were typed verbatim, and themes were identified during the analysis and interpretation of the data collected. The relevant secondary data was also assessed and analysed from the annual reports and integrated development plans of the municipalities and were captured into Microsoft Excel for analysis. The study findings conclude that the unemployment rates in the Amathole District municipalities have increased during the period reviewed. It was noted that the upper-bound poverty rates in Amathole District remained unchanged during the reviewed period, but the lower-bound poverty rates increased. It was also noted through the calculation of the coefficient correlation that there is a stronger correlation between unemployment and the lower-bound poverty rate than unemployment and the upper-bound poverty rate. In order to eradicate the challenges of poverty and unemployment increasing despite the LED being implemented, it is recommended that adequate funding be made available, that co-ordination of sector plans be improved, LED be prioritised by municipalities, baseline information be utilised and improved, sustainable employment opportunities be created, and there be robust skills development initiatives in municipalities.Thesis (MPhil) -- Faculty of Business and Economic Sciences, School of Economics, Development and Tourism, 202
The impact of Basel III higher capital and liquidity requirements on the profitability of South African banks
Get PDFThis study employs a robust quantitative research design meticulously tailored to investigate the nuanced impact of Basel III capital and liquidity requirements on the profitability of South African banks. The data collection process is anchored in a rigorous approach, driven by the acquisition and meticulous review of financial statements sourced from a carefully curated sample of South Africa’s banks. Ensuring the sample’s representativeness is of paramount importance for bolstering the study’s findings. To this end, a purposive sampling technique, distinguished for its deliberate selection methodology, was applied judiciously. This method yielded the selection of 10 banks, chosen carefully to encapsulate a cross-section of the South African banking landscape, thus enhancing the research’s validity and robustness. The analysis of this intricate dataset is underpinned by advanced statistical techniques, with regression analysis as the principal analytical tool. Specifically, the study harnesses the Arellano-Bond generalized method of moments (GMM), a sophisticated yet versatile statistical methodology appropriate for disentangling complex relationships in longitudinal data. This analytical approach is perfectly suited to trace the nuanced interactions between Basel III’s capital and liquidity requirements and the profitability trajectories of South African banks. Spanning a 12-year timeframe, 2010 to 2022, this study attempts to encapsulate the evolution of the banking landscape in the wake of Basel III’s implementation. This extensive temporal scope enables the research to capture both short-term fluctuations and long-term trends, enriching its insights and lending depth to the analysis. The first objective of this study was to unravel the intricate web of macro-specific and bank-specific factors influencing the profitability of banks in South Africa. Net interest margin (NIM), a pivotal metric reflecting bank profitability and efficiency, was central to the investigation. Empirical insights gleaned from the analysis revealed several key determinants of NIM for South African banks. Notably, NIM displayed a high degree of persistence over time. This suggests that South African banks do not adjust swiftly to changes in market conditions, emphasizing the importance for bank managers of considering the long-term repercussions of their decisions on interest, income, and expenses. The results also illuminated a set of critical variables closely linked to NIM. These include credit loss, non-interest income, market concentration, stability (Z-score), and inflation. These variables collectively underscored the banks’ ability to navigate the multi-faceted landscape of risks and uncertainties in the banking sector, including credit risk, operational risk, market risk, and inflation risk. The positive relationship between these variables and NIM indicated the banks’ adeptness at passing on costs and risks to customers through higher interest rates or fees, all while leveraging their market power and diversification strategies. Conversely, a negative and significant association emerged between NIM and bank size, GDP per capita, private credit, and the repo rate. These variables underscored the competitive pressure and macroeconomic dynamics influencing the demand for and supply of credit in the banking sector. In this context, the negative relationship suggested that larger banks, those operating in more developed and competitive markets, and those encountering lower policy rates, tend to exhibit lower NIM. These banks, due to heightened competition and lower demand for credit, face diminished interest income and narrower margins. Notably, variables like cost-to-income ratio, funding structure, and loan-to-deposit ratio did not emerge as significant in explaining NIM for South African banks. This implies that these variables exert a relatively weaker influence on the profitability and efficiency of South African banks, or that their effects are subsumed by other variables in the model. The second objective examined the effect of higher capital buffers on bank profitability. Empirical findings revealed a negative yet statistically insignificant co-efficient for the CET1 variable in the regression analysis. This observation indicated that there is no substantial relationship between Basel III Tier 1 capital ratio (CET1) and bank profitability, as measured by NIM, among South African banks. This suggests that Basel III capital requirements do not have a significant influence on the profitability and efficiency of these banks, or their effect varies depending on other bank-specific or macroeconomic variables. The third objective focused on the effect of Basel III liquidity regulations, epitomized by the liquidity coverage ratio (LCR), on bank profitability in South Africa. Empirical results revealed a negative but statistically insignificant relationship between LCR and NIM. This observation indicates that Basel III liquidity regulations exert no discernible effect on the net interest income of South African banks. This finding could be attributed to the fact that South African banks had already fortified their liquidity positions before Basel III implementation, adhering to stringent regulatory requirements and prudent liquidity management practices. As a result, the introduction of LCR did not pose a significant alteration or constraint on the liquidity standing and profitability of South African banks. It also implies that other factors, like market conditions, funding structures, or asset compositions, play more pivotal roles than the LCR in shaping the profitability of South African banks. These factors may influence the net interest spread, cost of funds, or risk-adjusted returns of these banks.Thesis (PhD) -- Faculty of Business and Economic Sciences, School of Economics, Development and Tourism, 202
Ithumbu
No full textA narrow circular beaded flat tab neckband in white, green, navy, and orange is worn around the neck by Bomvana young and adult women. It includes two bands of vibrant pink and one in captivating turquoise blue; each delicately edged in white 'amaso' beads. Among isiXhosa-speaking cultural groups, this wide-collar neckband is revered as a symbol of heritage and identity.Purchased from Mrs Joan BrosterForms part of: Walter Sisulu University Beadwork Collectio
Ipasi lentloko
No full textThis headband, distinguished by its remarkable design, is constructed from a flat strip of white beads, meticulously bordered by red beads to introduce a dynamic contrast. At its core, the headband features a central decoration that embodies a double river pattern, an emblematic representation of flowing water. This motif holds profound symbolic significance across various cultures, often associated with life, purity, and renewal. The colour palette of the headband is deliberately chosen, with white predominating and accented with red and navy blue, thereby creating a visually compelling and bold aesthetic. Traditionally, this headband is adorned by young males, serving not merely as an ornamental item but also as a bearer of cultural narratives, frequently symbolizing significant life milestones or rites of passage.Purchased from Mrs Joan BrosterForms part of: Walter Sisulu University Beadwork Collectio
Inqawe yolutsha
No full textThe pipe of a young individual is a captivating blend of tradition and innovation, reflecting their spirited nature and zest for life. Handcrafted with meticulous attention to detail, its stem features a playful and stylish design, adorned with turquoise and white beads that catch the eye with their vibrant colors and intricate patterns. What distinguishes this pipe are the unexpected accents—charming pink wool pompoms nestled among the beads—adding whimsy and personality to the design, inviting smiles and laughter. Carried by a young person, it embodies a sense of adventure and spontaneity, serving not only as a smoking accessory but as a reflection of their free-spiritedness and creativity. With each puff, they infuse the air with playfulness and energy, embracing the joy of the present moment. Holding the pipe in their hands, they are reminded of the beauty of self-expression and the power of imagination, finding joy in life's simplest pleasures. With its vibrant colors and whimsical details, the pipe becomes a cherished companion on their youthful journey, symbolizing their boundless potential and endless possibilities.Purchased from Mrs Joan BrosterForms part of: Walter Sisulu University Beadwork Collectio
Inqawe yokhehlekazi
No full textThe pipe belonging to an elderly woman is a treasured family keepsake, adorned with delicate pink, navy, and white beads that symbolise compassion, wisdom, and purity. Handed down through generations, it serves as a tangible connection to her past and heritage, evoking memories of ancestors and traditions. As she draws from the pipe with reverence, she finds comfort and fortitude in its enduring presence, paying homage to the resilience and perseverance of the women who preceded her. It is more than just a smoking implements; it is a sacred vessel that carries the essence of her lineage, embodying the wisdom and grace of age and the enduring bonds of family.Purchased from Mrs Joan BrosterForms part of: Walter Sisulu University Beadwork Collectio
Advantages of postgraduate research supervision and publication output at a selected University in Mthatha, Eastern Cape Province
Get PDFThe objective of the study was to investigate how postgraduate research supervision practices may contribute to the improvement of publication output at the selected university. Drawing from extensive literature, the significance of establishing strong supervisor-supervisee relationships was emphasised as paramount to the success of postgraduate research study. In conjunction with the theoretical framework, the research used a well-structured inductive approach, which took into account the context where the research took place, anchored by a case study as it provides tools for the researcher to study complex phenomena within the context of the study. The sample consisted of 24 participants who were purposefully selected from the selected faculty in the selected university. Data were collected through semi-structured interviews, which were conducted by the researcher in person and detailed procedures, ensuring the credibility and reliability of the study. Strict confidentiality measures were in place, ensuring participants’ anonymity and the safeguarding of their responses, fostering a trustworthy environment for honest revelations. Data were analysed and interpreted with ATLAS.ti software. Data analysis was carried out systematically, identifying themes and subthemes that answered the central research question. This rigorous analysis led to the discovery of several crucial findings. There was a notable call for academic support mechanisms like mentorship, advising and research supervision to bolster postgraduate research outputs, especially in remote universities. Financial constraints and barriers to attending research seminars and conferences emerged as significant hurdles, stressing the need for effective strategies to overcome these challenges. iii In-depth discussions revealed the criticality of fostering healthy supervisor-supervisee relationships from a development’s inception, highlighting the pivotal role of open communication. The study also identified supervisors’ need for institutional support in acquiring the necessary educational capabilities to efficiently mentor postgraduate students. Furthermore, emphasis was placed on the importance of enhancing postgraduate students’ professional writing skills for publication. However, the study did not ignore the challenges faced by research supervisors. Heavy workloads, time constraints and high expectations emerged as considerable stressors. Among the recommendations, the study called for institutional assistance in obtaining the essential educational competencies to effectively guide postgraduate students. Attention to the dire need for improved support systems, research infrastructure, incentives for supervisors and streamlined research procedures. In summation, this research underscores the significance of continuous monitoring, evaluation and engagement strategies to foster an environment conducive to advanced postgraduate research supervision and publication growth Key words: Postgraduate supervision, research publication, postgraduate students, Historically Disadvantaged University.Thesis (D.Ed) -- Faculty of Education, 202