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Dismissal for misconduct: the interplay between an employee's duty of good faith and insubordination
Full text linkThis mini-dissertation seeks to address the role that good faith plays in the employer employee relationship within the South African context. It discusses the origin of good faith principle in labour relations towards its development within South African law and then deliberating the uniform application between the Labour Relations Act 66 of 1995, CCMA Rules, common law and case law. The judgement of the Labour Appeal Court in Kaefer Energy Projects (Pty) Ltd v CCMA & Others [2022] 2 BLLR 166 (LAC) is critically analysed to understand the position and applicability of good faith within the employment relationship. Methodologically, the study adopts a doctrinal legal studies approach, combining it with case analysis strategy. The research concludes by placing good faith in its current role within the realm of employment relationships and in South African labour law, as well as proposing a way forwar
An illustration of the erroneous application of selected law of succession principles and statutory measures in recent case law
Full text linkMaster of Laws in Estate Law, North-West University-- Potchefstroom CampusThe law of succession, a fundamental component of private law, governs the transfer of assets and rights from deceased individuals to beneficiaries, relying on both common and customary legal principles. While several statutory measures, such as the Wills Act 7 of 1953, Intestate Succession Act 81 of 1987, and others, guide its application, recent judgments have highlighted consistent erroneous applications or misinterpretations. These mistakes can lead to disputes among beneficiaries, underscoring the need for a rigorous understanding and correct application of succession law principles. This dissertation aims to analyse these errors in recent case law, exploring specific areas such as the formalities prescribed in the Wills Act regarding witnesses, the recognition of testamentary provisions in antenuptial contracts, and the intricate relationship between matrimonial property law and succession. Through an in-depth analysis of pertinent cases, the study seeks to bridge current knowledge gaps, reinforce the importance of continuous learning for legal professionals, and contribute to the discourse on succession law principles. The overarching research question is: To what extent has recent case law demonstrated instances of erroneous application or misinterpretation of selected succession principles and statutory measures
Neural network-based vehicular channel estimation performance: Effect of noise in the training set.
Full text linkVehicular communication systems face significant challenges due to high mobility and rapidly changing environments, which affect the channel over which the signals travel. To address these challenges, neural network (NN)-based channel estimation methods have been suggested. These
methods are primarily trained on high signal-to-noise ratio (SNR) with the assumption that training a NN in less noisy conditions can result in good generalisation. This study examines the effectiveness of training NN-based channel estimators on mixed SNR datasets compared to training solely on high SNR datasets, as seen in several related works. Estimators evaluated in this work include an architecture that uses convolutional layers and self-attention mechanisms; a method that employs temporal convolutional networks and data pilot-aided estimation; two methods that combine classical methods with multilayer perceptrons; and the current state-of-the-art model that combines Long-Short- Term Memory networks with data pilot-aided and temporal averaging methods as post processing. Our results indicate that using only high SNR data for training is not always optimal, and the SNR range in the training dataset should be treated as a hyperparameter that can be adjusted for better performance. This is illustrated by the better performance of some models in low SNR conditions when trained on the mixed SNR dataset, as opposed to when trained exclusively on high SNR data
Evaluating the quality of wetland impact assessment reports for coal mines in Mpumalanga
Full text linkMaster of Environmental Management with Ecological Water Requirements, North-West University, Potchefstroom CampusThe wetlands are one of the most threatened ecosystems globally and locally, due to continuous anthropogenic activities such as mining, urbanisation, agriculture and industrial developments. With Mpumalanga having the majority of coal mining operations in South Africa, the wetlands in this area face a substantial risk of encroachments leading to loss of their ecological health, benefits, and integrity. The National Water Act (Act 36 of 1998) makes provision for competent authorities to authorise the use of water resources, requiring the need to undertake wetland impact assessments in support of water use license applications. The Wetland Impact Assessment (WIA) is considered a specialist study which allows for competent authorities to make informed decisions on the authorisation of water use, however, the quality of WIA reports has been questioned by scholars in recent times. The aim of this research was to evaluate the report quality of Wetland Impact Assessments undertaken for coal mines in Mpumalanga. The evaluation sample consisted of n=15 wetland assessment reports which were evaluated against a tailored review package. The results showed excellent work done in certain review areas, but also inadequacies in other review areas. The foundational review areas performed very well, this included the introduction of project and purpose of the report, baseline description of the study area, and report referencing. Other areas showed satisfactory results where there was some omission of information yet not significant and this includes; the specialist expertise discussion, legislative framework and the adequacy of information review areas. Even though there are well performing areas, it was noted that other review areas were rated unsatisfactory, and these include; inclusion of a detailed impact assessment (mainly impacts associated with the preconstruction phase of a development), and the determination of wetland buffer zone. In addition, the methodology, discussion of results, conclusions, and recommendation review areas showed moderate quality scores. To overcome the outlined inadequacies, it is recommended that a checklist outlining all the requirements of a wetland report be developed to support the existing legislative report requirements. The list will include legislative requirements of the report, detailed impact assessment with inclusion of significance of impact before and after mitigation, provision of buffer maps as per the guidelines, discussion of rehabilitation measures, offset strategy requirements where wetlands are likely to be destroyed and detailed monitoring plans. Through implementation of the outlined recommendations, it is believed competent authorities will be able to make informed decisions before the issuance of authorisations to water users and ensure the protection of wetland ecosystems.Master
Characteristics of Enterobacteriaceae in surface water from the North West Province
Full text linkMaster of Science in Microbiology, North-West University, Potchefstroom CampusFaecal pollution of surface water systems poses a significant risk to the environment and public health. According to the latest Green Drop report in South Africa, the North West province has been identified as a high-risk area. Contributing factors include rapid urbanisation, inadequate sanitation infrastructure, informal settlements, ageing wastewater treatment plants with minimal maintenance, and the overloading of treatment capacities. Faecal pollution is evidenced by the presence of indicator microorganisms such as coliforms, which highlight the prevalence of Escherichia coli (including its pathogenic serovar E. coli O157), alongside other Enterobacteriaceae genera, including Hafnia, Klebsiella, Enterobacter, Citrobacter, and Serratia species. Many of these non-E. coli Enterobacteriaceae have gained clinical significance due to their ability to harbour antibiotic-resistant genes (ARGs) and produce extended-spectrum beta-lactamases (ESBLs). These pathogens have the potential to cause diseases such as urinary tract infections, diarrhoea, neonatal meningitis, sepsis, and respiratory infections, posing a severe threat to public health and placing a burden on healthcare systems. Therefore, this study aimed to investigate the characteristics of Enterobacteriaceae isolated from selected surface water. The study investigated the water quality and microbiological hazards within three key surface water systems in the North West province: the Mooi River, the Schoonspruit River, and the Setumo Dam. Physico-chemical and microbial parameters were measured and compared against the water quality targets recommended by the Department of Water and Sanitation (1996). Alarming findings included highly alkaline pH levels exceeding 9 in recreational sites, posing eye, skin, and mucosal irritation risks, and exceptionally high total dissolved solids (2 197 mg/L) at Site S1 of the Setumo Dam, likely linked to untreated wastewater discharge. Furthermore, total coliform and E. coli counts consistently exceeded acceptable thresholds for wastewater effluent and recreational use, with the lowest E. coli levels recorded at the Schoonspruit River's dolomitic eye (58 MPN/100 ml), indicative of widespread faecal contamination. A total of 3 532 E. coli isolates were recovered from the water systems, including 818 putative E. coli O157 colonies. However, Pearson’s correlation analysis (r = 0.61, p = 0.27) revealed no significant relationship between the overall E. coli counts and the presence of E. coli O157. Thirty-four haemolytic Enterobacteriaceae isolates, selected for their ability to lyse erythrocytes, were further characterised. Twenty-eight isolates were confirmed to be E. coli on EMB agar and exhibited distinct extracellular enzymatic activities, including haemolysin, β-galactosidase, and DNase production. Notably, isolates from the Setumo Dam also exhibited catalase, lipase, and serine protease activity, suggesting adaptations to nutrient availability in this environment. Biochemical profiling identified citrate utilisation and urea hydrolysis as common metabolic traits, while the Enteropluri® test provided genus and species-level identifications. Enterobacter was the dominant genus among the identified isolates, while nearly half of the isolates remained unidentified. Antibiotic susceptibility testing using the Kirby-Bauer method against 14 antibiotics from 8 classes revealed prevalent resistance to β-lactam antibiotics (amoxicillin, cefazolin, and ampicillin) and sulphamethoxazole, likely linked to their widespread use in human and veterinary medicine. Furthermore, ESBL production was confirmed in 21 isolates, predominantly from the Mooi River (18 isolates) and the Setumo Dam (3 isolates), with key resistance genes (blaTEM, blaCTX, Intl1, AmpC, sul1, and sul2) detected via PCR and gel electrophoresis. Importantly, screening for carbapenemase genes (blaOXA, blaNDM, and blaKPC) revealed their presence in selected isolates, raising concerns about future treatment challenges for ESBL-producing pathogens. Sanger sequencing of the 16S rRNA gene identified the Citrobacter spp. as the most abundant genus (44%), followed by Rahnella spp. (17%), Enterobacter spp. (12%), and others. Leveraging on technological advancements such as whole genome sequencing, four genomes were identified from the Citrobacter genus: C. braakii (S21 and S23), C. murliniae (S24), and C. portucalensis (S25). These four genomes demonstrated ANI values exceeding 98%, confirming a close genomic relationship to genomes in the NCBI database. Interestingly, genomic strain S25 was identified as Citrobacter portucalensis by pubMLST and it shared 90% of its genetic make-up with Citrobacter freundii, highlighting its close evolutionary association. All four genomes were characterised as ESBL-producing Citrobacter species, harbouring the blaCMY gene, which is a key determinant of β-lactam antibiotic resistance. This study also highlighted the virulence genes associated with adhesion, biofilm formation, siderophore production, environmental stress response, and iron acquisition. Genes encoding cell surface localisation components of the capsular polysaccharide system (CPS), such as vexABCDE, and capsule polysaccharide biosynthesis genes (tviBCDE) were uniquely identified in the C. braakii genomes, providing distinguishing molecular markers for this species. In contrast, the C. murliniae strain (S24) exhibited a distinct virulence profile, characterised by the presence of the iroABCDEN gene cluster, which encodes the heme receptor protein shuA, integral to the iron-salmochelin siderophore system. In addition to the antibiotic resistance observed, these virulence genes and patterns confirm the pathogenetic characteristics of these four genomes. This was supported by results from the Kyoto Encyclopedia of Genes and Genomes (KEGG) analysis, which aligned with observations from phenotypic analysis. This findings highlight the prevalence and diversity of antibiotic-resistant Enterobacteriaceae in surface water systems, highlighting their contribution to water quality degradation and public health risks. The findings demonstrate the urgent need for continuous water quality monitoring through comprehensive epidemiological efforts, targeted wastewater management interventions, and robust antibiotic resistance mitigation strategies to safeguard human, animal, and environmental health within the One Health framework. Moreover, the presence of antibiotic-resistant Enterobacteriaceae in these water systems poses a significant risk of contamination to crops irrigated directly with this water. This could have far-reaching implications, including reduced food quality, compromised food safety, and potential threats to food security, particularly in vulnerable communities.-The North-West University (NWU)
-The National Research Funding
-The Department of Forestry, Fisheries and the Environment (DFFE)
-University Capacity Development Grant – UCDGMaster
The Lesotho legal framework and the protection of the socio-economic interests of host communities affected by diamond mining
Full text linkDoctor of Laws in Perspectives on Law, North-West University-- Potchefstroom CampusLesotho, amid a recent surge in mining activities, faces critical challenges. These relate to the adequate protection and promotion of the socio-economic rights of diamond mine host communities. Historically, the country has attracted substantial investments in its mining sector. Yet, corresponding legislative and policy frameworks for safeguarding the welfare of local communities have been perceived as lacking. The absence of robust legal provisions mandating corporate social responsibility (hereafter CSR) initiatives and equitable participation in mining ventures has left mine host-communities vulnerable to socio-economic disparities and environmental risks. Lesotho’s constitutional, policy, and legislative landscape – albeit reflecting a commitment to align with international mining and sustainability standards – engender challenges in the mining sector. This is due to various factors, including institutional limitation. Limited community and governmental equity in mining ventures, coupled with reliance on an external labour force, exacerbate these challenges. This hinders the achievement of sustainable and inclusive development outcomes in Lesotho’s diamond mining sector. These dynamics underscore the urgency of comprehensive reforms. These would seek to enhance governance structures, strengthen regulatory frameworks, and ensure an equitable distribution of mining benefits among Lesotho’s local communities. Against this backdrop, this thesis critically examines the extent to which Lesotho’s existing constitutional, policy, and legislative frameworks effectively protect and promote the socio-economic rights of diamond mine host communities. Through a comparative analysis involving regional peers such as Botswana and South Africa, known for their established mining governance frameworks, this study seeks to identify best practices. Ultimately, the research strives to propose tailored policy recommendations, to foster equitable and sustainable development in Lesotho’s mining regions
The impact of the Financial Action Task Force's greylisting on financial systems and trade of emerging economies
Full text linkMaster of Law in International Trade Law, North-West University-- Potchefstroom CampusThe Financial Action Task Force (FATF) has become the lead driving force in the combat of Money Laundering and Terror Financing (AML/TF) through their 40 recommendations that member states have to comply with. This compliance is sought through the development of effective Anti-Money Laundering and Counter Terror Financing (AML/CTF) frameworks that must be implemented by the member states and all states with which they conduct trade, despite the inequality of the financial impact such implementation may have on each state when failure results in greylisting. Greylisting alerts the other states to the ineffectiveness of the AML/CRF frameworks of the state in question, and this affects the manner in which the greylisted state trades. The grey list was developed by the FATF in order to assess the states in accordance to their compliance with the 40 recommendations and to publicly list them in the event of failure to implement effective AML/CTF frameworks which, in an increasingly global financial market, would mean the possible compromise of said global financial market. The FATF is able to enforce the 40 recommendations and coerce states to be compliant due to the fact that they are backed by international institutions such as the International Monetary Fund (IMF) as well as the World Bank (WB), in addition financial institutions of states such as the United States of America, United Kingdom and the European Union require adherence to the 40 recommendations in order to interact with the states applying for a loan or aid.1 Greylisted states in the global south are disproportionately represented on the grey list
and most are in need of the foreign aid, investment, loans and trade from the abovementioned states. The additional scrutiny which must be applied when conducting trade with the greylisted states raises a deterrent to those wishing to trade with the greylisted state and has been shown to affect the cash inflow and GDP of the grey listed state. FATF March 2022 https://www.fatf-gafi.org/en/publications/high-risk-and-other-monitoredjurisdictions/documents/increased-monitoring-march-2022.html. Due to the disproportionate representation of states with emerging economies on the greylist, 60% of which states are located in Africa, a continent plagued by its own historical inequities, raises the question whether the 40 recommendations warrants a blanket approach and whether the penalty, being greylisted, considering the investment required to formulate and establish AML/CTF frameworks, is justified. The discussion examines states considered successful and those who have repeatedly failed to comply – as evidenced by their repeated appearance on the grey list – furthermore, how they can develop the AML/CTF frameworks with assistance from the FATF and others considered less vulnerable to the abuse of ML/TF by the FATF
Salawu, A., Amenaghawon, F. 0., Okudolo, l.T.P., Hove, Muchativugwa L., ed. 2024. Social Media, Misinformation and Disinformation Studies and Perspectives from Africa. Nigeria: University Press PLC.
No full textHomiletical-liturgical perspectives on life in the Anthropocene: the preeminence of peoples cognition
No full textOlder black people in South Africa stay a part of an extended family structure well into old age,irrespective of the family’s ability to provide the necessary care. South Africa’s (SA) under-developed infrastructure creates an increasing cause for concern as the size of the country’solder population is growing. The result is a persistent and wide-reaching disparity in access tosufficient geriatric care for older people, especially across racial lines, due to the formerApartheid regime and change in traditional African family contexts. The affiliated study formedpart of a larger research project. A qualitative descriptive design was employed to describe theexperiences, perceptions and attitudes of older black women regarding long-term care (LTC).Data were collected through two focus-group discussions and analysed thematically. Against thehistorical background of South Africa, an Ubuntu worldview, and a shift to a more modernAfrican society, it became evident that formal LTC is inaccessible, and that informal LTC can nolonger be provided by the younger generation and other extended family members. Among theparticipants, these two factors create significant ambivalence in having their future needs me