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The protection of the primary residence of a debtor in debt enforcement and insolvency
Many people, particularly in South Africa, turn to borrowing money to pay for their everyday expenses. It is also generally acknowledged that mortgage financing is crucial to our economy and that it should remain readily available to people with a variety of incomes. Banks, and other secured lenders need confirmations that their security is reasonably safe to ensure that this remains the case. A debtor with immovable property is preferred because should the debtor fail to comply with his contractual obligations and there is no movable property to attach, the creditor will proceed to attach the immovable property of that debtor. In South Africa the law relating to debt enforcement proceedings and the provisions of the Insolvent Act allow for the attachment of the primary residence of a debtor/insolvent. There is a judicial process that is followed for the attachment of the house through debt enforcement. During insolvency the debtor is divested of his property immediately after granting of the sequestration order. These proceedings go as far as stripping a poor person of even a RDP house that they obtained through the Housing Act, a programme designed to provide housing to the poor. This study examines the relationship between the right to access housing and the right to human dignity, considering South Africa's past, the idea of transformative constitutionalism, and the argument that the 1996 South African Constitution's transformative vision is one that is committed to addressing socio-economic inequality. The legal position in South Africa is compared to that of the United Kingdom and the recommendation made by the study is that a stay in proceedings during insolvency for a defined period before the home of the insolvent is sold in execution would help advance the goals of the government and protect rights of those people whose estates are declared insolvent. Further, a complete exclusion of RDP houses from debt enforcement proceeding and insolvency, is suggested. The rights to equality and the right to property are considered in favour of the creditor. All rights are considered against the limitation clause, and it is submitted that a stay in sale of the primary household for a specific period during insolvency proceedings and the complete exclusion of RDP homes from sales in execution and sales during sequestration would not amount to an unjustifiable limitation of the creditor’s rights.Thesis (LLM) -- Faculty of Law, School of School of Private Law, 202
Towards a Cybersecurity Skills Framework for South Africa
Cybersecurity is an ever-growing area of concern both globally and in South Africa. The increasing number of cyberattacks daily has had a large effect on individuals, organisations, governments, and society at large. The growing need to combat cybercrime is accompanied by the increased need for skilled IT professionals to assist in protecting against cybercrime. Currently, there is a worldwide cybersecurity skills gap and a lack of IT professionals with the requisite cybersecurity skills. Many countries have developed their own taxonomies and common lexicons for IT and cybersecurity work, specifically for their context. This type of common lexicon is important to help assist in the development of skills. However, South Africa does not yet have its own cybersecurity skills framework to serve as a common lexicon for the South African context. Hence, the problem defined for this study is that, without a common lexicon of the cybersecurity knowledge, skills, abilities, and tasks (KSATs) required of IT professionals as they relate to specific IT job roles in South Africa, the cybersecurity skills gap cannot be sufficiently addressed. Such a lexicon could help drive the development of skills in South Africa and, in so doing assist in alleviating the cybersecurity skills gap. This study therefore presents a common lexicon by collecting job postings over a four-month period from 1 October 2020 to 31 January 2021. These job postings were analysed using a thematic content analysis. The results identified 20 common IT job roles, together with the specific KSATs relating to each job role identified. As a result, these job roles form part of a proposed cybersecurity skills framework for South Africa (CSFwSA) which could help and guide South Africa towards more targeted cybersecurity skills development. The proposed framework could also be useful in guiding tertiary educational facilities in the creation of cybersecurity curricula that represent the real-world expectations. This, in turn, could help South Africa to address the cybersecurity skills gap by better preparing IT professionals and ensuring that they are trained and skilled in cybersecurity.Thesis (MIT) -- Faculty of Engineering, the Built Environment and Technology, School of Information Technology, 202
Understanding foraging practices in Lagos metropolis to redesign urban greenspaces in support of human-nature interactions
Enhancing knowledge of urban foraging across different urban landscapes is an urgent matter given that about two-thirds of the world’s population is projected to live in urban areas by 2050, whilst 50 % of Africa’s population is expected to live in cities by 2030. This study was conducted in Lagos metropolis which is the economic hub of Africa’s most populous country. Data was collected using an in-person, semi-structured questionnaire from 347 persons who were 18 years or older to identify foragers and non-foragers, their sociodemographic profiles, and their foraging practices. Results revealed that about two out of three persons sampled forage to some degree. The collection happened more in domestic gardens (34 %) and streets (27 %) than in other foraging sites (such as unused lands, institutional grounds and lakes and riparian fringes). A total of 35 species were reportedly foraged within the metropolis, mostly for food (71 %) and medicine (26 %). Mango (Mangifera indica), pawpaw (Carica papaya), tropical almond (Terminalia catappa), fish (various species), bitter leaf (Vernonia amygdalina) and spinach (Spinacia oleracea) were the most gathered species. The distance travelled to foraging wild species ranged from 5 m to 25 km. The primary motivation for foraging was the acquisition of fresh and natural materials. However, some felt that foraging was a stressful activity. The unavailability of foraging sites and species was the major constraint to foraging in this megacity. Hence, efforts to increase the edible components of public green spaces and to provide free access could potentially allow more people to forage and make current foraging more secure. We suggest that making provisions for foraging in urban planning goals could contribute to the sustainable development of cities in Africa and elsewhere
Examining the implementation of the Department of Social Development’s fatherhood strategy by FAMSA
This study aimed to exam the implementation of the Department of Social Development’s Fatherhood Strategy by Families South Africa (FAMSA) Eastern Cape. FAMSA is a non-profit organization providing vital services to people in families while providing them with psychosocial and emotional support. FAMSA has been in existence since 1954. To achieve this aim, the study’s objectives were underpinned by understanding the implementation of the Department of Social Development’s Fatherhood Strategy in Buffalo City Metro, establishing FAMSA’s response to the implementation of the Department of Social Development’s Fatherhood Strategy as well as exploring the challenges faced by FAMSA in implementing the Department of Social Development’s Fatherhood Strategy. A qualitative research methodology was implemented to gather information from FAMSA and DSD. Findings from literature revealed that the fatherhood strategy has been a concern worldwide evidenced by the high levels of father-child non-residency. Data from this study revealed that FAMSA had been implementing the programme effectively regardless of numerous challenges that include funding human resources. Conclusively, a lot must be done to advocate for fatherhood. Recommendations also point to the need for several interventions which need to be done in research, social work practice and also policy formulation and development.Thesis (MA) -- Faculty of Social Sciences and Humanities, 202
Workplace Discrimination Based on Pregnancy
In the past, South Africa was marked by widespread discriminatory practices, many of which still exist to date. This study investigates the persistent discrimination against pregnant women. The study revealed that in South Africa, pregnant women continue to face discrimination in employment and are often denied the right to go on maternity leave, nursing or breastfeeding and childcare facilities. Presently, pregnancy is listed as a prohibited ground for discrimination in the South African Constitution as well as many ILO Conventions. Similarly, the South African labour law framework which gives effect to the Constitution provides for the protection of women and pregnant workers. This protection comes in the form of measures that proscribe dismissal and discrimination based on. Despite these legislation, this study finds that the less favorable treatment of women and pregnant workers in South African workplaces has become increasingly common, and this has turned into a contentious subject. This study focused on labour legislation that has been developed to safeguard pregnant women in the workplace in light of applicable constitutional protections. Notwithstanding these legislative protections for pregnant women in the workplace, the analysis shows that many pregnant women continue to be treated unfairly due to their pregnancies or for reasons linked to their pregnancies. Consequently, there has been a regression in the actual execution of laws and regulations protecting pregnant workers. The study highlights the need to establish mechanisms to ensure that legislation protecting pregnant workers in the workplace achieves its intended purpose and is implemented properly. Consequently, this study presents pertinent suggestions about the implementation of labour legislation so that the employment rights of women and pregnant workers are adequately safeguarded.Thesis (LLB) -- Faculty of Law, School of Mercantile Law, 202
An assessment of youth empowerment programmes and job creation opportunities: a case of Mhlontlo Local Municipality
Youth unemployment is a major policy concern in South Africa. This study aimed to assess youth programmes and job creation opportunities in Mhlontlo Local Municipality. This study intended to: 1. Examine the context, purpose, objectives, assumptions and claims of the national youth empowerment policy on job creation, 2. To assess the implementation of the youth empowerment programs in Mhlontlo Local Municipality for improved job creation, and lastly 3. To provide suitable recommendations on improving youth empowerment programmes and job creation in Mhlontlo Local Municipality. This study adopted a qualitative research design, that included and adapted the use of semi structured interviews and focus groups discussions in the context of COVID 19 regulations. The key findings from the analysis of data included the following – • The Mhlontlo Local Municipality has not developed its own local youth development and empowerment policy. • The design limitations in the theory of change of the National Youth Policy negatively affected the implementation of youth programmes in Mhlontlo Municipality • Mhlontlo Local Municipality’s implementation of youth programme failed to achieve its outcomes of creating a sustainable employment for youth. • There was distinct difference between the espoused views of municipal managers and actual experience of implementation of youth programmes the Mhlontlo Local Municipality that impacted negatively on the implementation of the youth development programme. • Their leadership buy-in and championship for youth development in Mhlontlo Local Municipality from selected managers in the municipality and but not from the political office. • There was lack of transparency and communication mechanisms by Mhlontlo Local Municipality the for-youth participation and engagement with of all stakeholders in decision making.Thesis (MPA) -- Faculty of Management and Commerce, 202
Financial sector development, financial innovation and economic growth: case of a selected SADC countries
The financial sector plays a pivotal role in an economy of a country; hence the importance of financial sector development cannot be underestimated. Financial sector development is widely regarded as another conduit through which financial innovation and economic growth can be alleviated. The study firstly empirically examines the effect of financial sector development on financial innovation and also the impact of financial sector development and financial innovation on economic growth in selected Southern African Development Community (SADC) countries, employing the Generalized Method of Moments (GMM) technique for the period 1990 to 2020. Empirical results revealed that financial sector development overall does have an impact on financial innovation in the selected SADC countries. And also, financial sector development together with financial innovation does have an impact on economic growth in the selected SADC countries. However, on the relationship between financial system stability, financial innovation and economic growth, results reveal that a stable financial system is beneficial to new technological advancement and improved economic growth. Therefore, the overall findings from the study indicate that financial access or financial inclusion and financial stability is what increases financial innovation and boosts economic growth instead of mere financial sector development at a broader level.Thesis (MCom) -- Faculty of Management and Commerce, 202
The impact of domestic investment on economic growth in South Africa: a Sectoral Approach (1993 to 2020)
This study examined the impact of domestic investment on economic growth in South Africa: a sectoral approach from 1993 to 2020. The overall results as discussed by panel data ARDL revealed that domestic investment has an impact on at least one sectoral economic growth in South Africa in the long run. The panel data ARDL test reveals that domestic investment, employment, imports and exports have a significant correlation to influence GDP in the long run in at least one of the sectors. A pairwise Dumitrescu Hurlin panel causality tests determine that domestic investment (DI) does not homogeneously cause gross domestic product (GDP). This is because in South Africa the sectoral or structural change development relies much on foreign direct investment (FDI) rather than domestic investment, hence the negative homogeneous results. Therefore, we need to attract DI as the result shows, because a positive relationship can be expected between domestic investment and economic growth in line with the Keynesian theory where investment is expected to promote economic growth. The new-endogenous growth theory of investment that can be applied in detecting the effect of aggregate and disaggregate domestic investment on sectoral economic growth and aggregate economic growth.Thesis (MCom) -- Faculty of Management and Commerce, 202
Affirmative action and people with disabilities in the work place
Worldwide and in South Africa, affirmative action has been extensively used both as a policy instrument and a means of social reparation and reform. This study focuses on compliance and monitoring for affirmative action for persons with disabilities in the South African workplace. Affirmative action is a transitory method of advancing equality. Constitutionally, it is acknowledged in South Africa that affirmative action in the form of substantive equality. This study explores whether or not employers utilize affirmative action in accordance with the Employment Equity Act. It also aims to evaluate how the Department of Employment and Labour and the courts implement affirmative action. The study considers the relevant literature available, statutes, and employment equality policies, as well as an evaluation of case law. In South Africa, individuals who have disabilities are one of the groups that the Employment Equity Act attempts to protect. People with disabilities are disadvantaged in the work arena, which has substantial psychological, social, and economic consequences. The government established the numerical target that employers must strive to achieve in the workplace. Consequently, it is essential to investigate further the obstacles that impede the employment of persons with disabilities including the physical accessibility of the environment and information, transportation, the attitudes of others (such as employers and co-employees), and the extra expenditures associated with managing a disability. The delivery, nature, and structure of an individual's education is one of the first determinants of socialization into society. There is a delicate relationship between poverty, disability, and social assistance programs that may have a substantial effect on the employment and job search of persons with disabilities. Interestingly, South Africa combines significant unemployment rates with effective social assistance programs. There are compelling economic, social, psychological, and political arguments for boosting the employment of those with disabilities. The policy of affirmative action is effective, but the study notes that the objectives have not yet been realized. The situation in South Africa is compounded by a variety of confusing circumstances, including substantial unemployment, strong social assistance, and disabled individuals with poor skill levels. The survey concluded that the majority of firms do not execute affirmative action appropriately and that enforcement is minimal. It is recommended that disabled workers and labour unions confront employers that do not comply with the Employment Equity Act. To guarantee that persons with disabilities are completely integrated into the workforce, proactive and constructive strategies must be used. It is the morally just and virtuous thing to do, not just for disabled people but for all people.Thesis (LLM) -- Faculty of Law, School of School: Mercantile Law, 202
Photodynamic inactivation of methicillin-resistant Staphylococcus aureus using pyrrolidinium containing Schiff base phthalocyanines
New tetra-substituted zinc and indium Schiff base phthalocyanines (ZnPc and InPc, respectively) are synthesized and characterized herein. The ethyl pyrrolidine (ZnPc-2, InPc-2) and propyl pyrrolidine (ZnPc-3, InPc-3) substituted Schiff base Pcs were reacted with methyl iodide to form their cationic derivatives (ZnPc-2Q, InPc-2Q, ZnPc-3Q, and InPc-3Q, respectively). The photophysical and photochemical properties of the Pcs were studied. The cationic Pcs generated higher singlet oxygen quantum yield in aqueous media than the neutral Pcs. The photoinactivation of Methicillin-resistant Staphylococcus aureus (MRSA) and Methicillin-sensitive Staphylococcus aureus (MSSA) strains was evaluated. 5 µM ZnPc-3Q and InPc-3Q inactivated 100 % of the MSSA and MRSA while 5 µM ZnPc-2Q and InPc-2Q eradicated 100 % for MSSA and 97.2 % and 98.7 % (respectively) of the MRSA. The photodynamic antimicrobial chemotherapy studies depended on singlet oxygen ability, the charges, and the extension of the alkyl groups