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Item Open Access The Constitutionality of Ukuhlola: A South African Cultural Practice(1995) Choma, Hlako JacobThe South African Human Rights Commission (SAHRC) as one of the chapter 9 state institutions supporting Constitutional democracy is mandated amongst others to promote respect for human rights and cultural practice. It also promotes the protection, development and attainment of human rights. It is within this mandate that the Human Rights Commission has observed the debates surrounding the prohibition of Ukuhlola (virginity testing) in the Children’s Bill. Ukuhlola has been historically regarded as a necessary social tool to bring pride amongst virgin girls, the parents and community as a whole. Ukuhlola is still practiced in some of the communities in South Africa, in particular Nguni communities. Ukuhlola culture originated from Zulu culture and is prevalent mostly in KwaZulu-Natal Province. The motive was to receive the full lobola (the eleventh cow). Ukuhlola practice faced out during the past century, but has made a come back in various areas of South Africa including Kwazulu-Natal in recent years. South Africa’s Moral Regeneration Movement3 has decided to urge the return of ukuhlola of teenage girls as a tool to fight against women abuse, teenage pregnancies and HIV& AIDSItem Open Access Willingness to pay for water in South African rural areas: a case of Nsikas Village of Mpumalanga Province(2003-05-01) Mahlale, Rirhandzu Cornelius; Gyekye, A. B.The scope and focus of this study was narrowed to the rural households in Mpumalanga Province - Nsikazi villages. Therefore the study was titled: The willingness to pay for water in South African Rural areas: A case study of Nsikazi Villages of Mpumalanga Province. The principal objectives of the study are as follows: determining the level of the relationship between the households' willingness to pay and the household's socio-economic and water sources characteristics; determining the amount of money that rural households are willing to pay for an improved water service, and the level of service that they would prefer to use, and lastly, determining the payment system that households prefer in their rural areas. This study was limited only to those households, staying in those villages in which the RDP water service was already put in place by the government. A Contingent valuation questionnaire was used to collect data from households and the questionnaire comprised three parts, namely, water sources; household willingness to pay for three levels of water services, and questions about the socio-economic and demographic characteristics of the respondents. A Contingent valuation method was used in order to determine whether the households were willing to pay for the running costs of an improved water system. Based on the willingness to pay estimates, households in Mpumalanga rural areas were willing to pay R6.1 million towards the cost of providing a yard tap water service. The revenue maximizing tariff per household in Mpumalanga Province for yard tap water was found to be R12.50 per household per month. An important finding of the analysis in this villages was that the overwhelming majority of households preferred a yard tap as they view it as a convenient water service option, and almost all the respondents expressed dissatisfaction with the street taps water supply system.Item Open Access The role and task of the teacher in school management with reference to the Dzondo Circuit(2007-09-14) Mashamba, Tshilidzi Meshack; Ravhudzulo, M. A.This study focused on the role of the teacher in School Management in Dzondo Circuit of region three. This study dealt with the important factors like; the planning role of the teacher, the organization role of the teacher, as well as discipline in schools. The empirical findings revealed that principals do not receive extensive insert training about managerial skills, the role of teachers in the formulation of the school policy is not clearly defined. The findings further revealed that teachers do not attend in-service training regularly. The study recommends that the role of teachers should be clearly define in the school - policy and that teachers should be involved in the formulation of the school policy. In the study questionnaires were used to gather information from educators, parents, principals and from the learners in the Dzondo Circuit. Prior to the distribution of questionnaires, a pilot study was done at one of the selected schools in Dzondo Circuit. The questionnaires focused on teachers age, gender, qualifications, experience and the important of the school policy in secondary schools. Findings of the study were gathered from ten percent of schools selected randomly by the researcher. Limitations of the study was characterised by the prolonged time spent doing researchers and the limited resources from the department of education.Item Open Access The environmental rights entrenched in the constitutions: a critique(2008) Choma, Hlako JacobAlthough environmental law is a relatively a new field of scholarship in South Africa, it is growing rapidly. The right to access to social security including environmental rights is found in the South African Bill of Rights, is being amplified by legislative and constitutional reforms, and developing case law in the courts. There is therefore a clear need to increase the understanding f the discipline through systematic research and teaching at various levels. The notion of including an “environmental right” in a domestic constitution is not novel in Africa. Most African countries have incorporated a constitutional provision that ensures the right to a healthy environment. Most of the problems that exists with environmental rights under the international and regional systems are absent under the domestic South African system. The way in which environmental rights have been formulated in international instruments, section 24 of the South African Constitution has been framed as an individual right and not as a collective one. Environmental degration often affects groups of people and it could consequently argued that the right should protect groups and not just individuals..Item Open Access The Law and its interpretation do play a role in the elimination of Xenophobia: A South African case study(2008) Choma, Hlako JacobThe examination of certain legal aspects of xenophobia has shown that the law and its judicial interpretation do on the one hand server to safeguard against xenophobia and to eliminate it where it still prevails, on the other hand they can however serve to entrench it1. It is believed that in future, South African courts will continue to be proactive in the elimination of xenophobic tendencies wherever they may be encountered in the legal context and that law reform will eradicate laws which generate the impression that they are xenophobically motivatedItem Open Access Constitutional enforcement of Socio-economic rights: South African case study(2009) Choma, Hlako JacobThe entrenchment of socio-economic rights in the South African Constitution is a critique. It is submitted that a constitution that pretends to guarantee rights which cannot be judicially enforced should not be considered a serious legal document. In this paper, particular attention is paid to the far reaching judgment by the Constitutional Court in Mazibuko and others v The City of Johannesburg.1 The questions posed and answered relate to issues such as the enforceability of socio-economic rights entrenched in the constitutionsItem Open Access A Review of developments and changes in the worlds' constitutions(2009) Choma, Hlako JacobThe constitution is a living document, that being the case, there is a need to increase the understanding of the constitution through systematic research and teaching at various levels. The paper aims to be a catalyst that inspires creative action to claim and advance certain new constitutional rights encapsulated in various world‟s constitutions. It seeks to raise awareness of new constitutional rights. Most world‟s constitutions have incorporated constitutional provisions that ensure the entrenched new fundamental human rights. The latest constitutions, including South African Constitution of 1996 are advanced and have included significant number of rights which were left out in the old constitutions. The courts are given the widest possible powers to develop and forge new remedies for protection of constitutional rights and the enforcement of constitutional duties.Item Open Access The Impact of Mining Rights on the local communities in Limpopo Province, South Africa: A comparative study(2009) Choma, Hlako JacobThe paper aims to give an account of the substance and support the development of community based organizations in balancing their interests against the interests of the mining industries. It further examines the issue of the protection of social and economic right in the context of the globalization of the activities of multinational mining and petroleum companies, as illustrated by different instances of increasing state withdrawal and with regard to specific African countries. In Africa, economic liberalization has been accompanied by a programmed redefining of the role of the state withdrawal from certain areas : planning, production and social reform, a reorientation of state intervention from certain other areas, redistribution, regulation and mediation ect, with a view of promoting a particular type of growth strategy based on promotion of private economic interests. This process has led to the delegitimation and weakening of states which were already characterized by fiscal crises, notably in countries under structural adjustment. While the process of reconceptualisation of the role of the state is not specific to Africa, its impact has been particularly significant with regard to the possibility of implementing developmental strategies designed to protect social and economic rights.Item Open Access Limitation of religious freedom to conform to the standards of an open and democracy society(2009) Choma, Hlako JacobOne has freedom of religion, not freedom from religion. This claim is common, but it rests on a misunderstanding of what real freedom of religion entails. The most important thing to remember is that freedom of religion, if it is going to apply to everyone, also requires freedom from religion. Why is that? One does not truly have the freedom to practice one’s religious belief if one is not also required to adhere to any of the religious beliefs or rules of other religious. Freedom from religion does not mean, as some mistakenly seen to claim, being free from seeing religion in society. No one has the right not to see churches, religious expression, and other examples of religious belief in our nation, and those who advocate freedom of religion do not claim otherwise. What freedom from religion does mean, however, is the freedom from rules and dogmas of other people’s religious beliefs so that people can be free to follow the demands of their own conscience, whether they take a religious form or not. Thus they have both freedom of religion and freedom from religion because they are two sides of the same coin.Item Open Access The challenges facing local government in the delivery of housing: a case of Thulamela Local Municipality(2009-05-14) Ramulongo, Mbulaheni Julian; Khwashaba, M. P.Aims of the study - The aim of this study was to investigate the challenges confronting local government in the provision of social housing for its citizens with specific focus to a local municipality. Findings of the study - The following are the findings for this study: lack of capacity building workshops, lack of inclusive structures covering an array of stakeholders, lack of decentralized funding system for housing, lack of capacity building programmes and financial support for contractors, prevalent corruption between officials of the department of local government and housing, and contractors; and lack of proper formal institutional arrangement to involve community members in the allocation of housing. Research Methodology and procedures - This research used a combination of qualitative and quantitative research methodology. The two approaches had significant influence on the selection of sampling, data collection tool, and data analysis method. Recommendations - This study identified some challenges existent in the entire social housing process, and had made the following recommendations: ✓ A need for broad and inclusive workshop to enhance capacity of participants in the housing process to play a meaningful role in the housing process as well as broadening participatory structures to be as inclusive as possible, ✓ Ensuring that structures in place are realigned to involve members of the community in the process of allocating houses to the needy are representative and inclusive ✓ Establishing a decentralized housing funding process to capacitate local municipalities to implement housing, in order to avoid this centralized process from derailing progress in the housing fraternity, develop and implement capacity building programmes to curb incapacity on contractors ✓ Putting in place the necessary financial support system for contractors, to supplement contractors efforts to raise capital for project implementation ✓ Putting mechanisms in place to curb corruption between officials of the department of Local Government and Housing, and contractors ✓ Putting mechanisms in place to provide for formal inclusion of community members to participate in the housing allocation process Conclusion - This study is not conclusive in nature, and thus marks a contribution in knowledge management and preservation. While this study makes recommendations drawn from the findings, it is required that further in-depth studies be done on areas identified in the findings to help in giving impetus to a holistic approach aimed at improving and capacitating government's capability to deliver social housing.Item Open Access An appraisal of the efficacy of selected macrotourism policies of South Africa(2009-09-08) Zembani, Pamela Edna; Steyn, P. E.Item Open Access The Expression of Cultural and Religious practice: A Constitutional Test(2010) Choma, Hlako JacobVarious conventions and national constitutions are differently worded and that the interpretation of national constitutions, in particular, reflects different approaches to the concepts of equality and non-discrimination. The different approach adopted in the different national jurisdictions arise not only from different textual provisions and from different historical circumstances, but also from different jurisprudential and philosophical understanding of equality. The jurisprudence of the courts make clear that the proper reach of the equality right must be determined by reference to the society’s history and the underlying values of the Constitution. It has been observed that a major constitutional object is the creation of an non-racial and non-sexist egalitarian society underpinned by human dignity, the rule of law, a democratic ethos and human rights. From there emerges a concept of equality that goes beyond mere formal equality and mere non-discrimination which requires identical treatment, whatever the starting point or impact. The question is, how does the state, in limiting religious freedom, conform to the standards of an open and democratic society based on human dignity, equality and freedom? The hope is that the conclusion of this paper will then be able to be extended to more controversial cases, in particular, involving limits on the right to freedom of expression, culture and belief.Item Open Access A comparative study and analysis of substance abuse among grade 11 and 12 learners in selected secondary schools in Thohoyandou Area(2010-04) Magadze, Tshimangadzo Oscar; Roelofse, C. J.; Nengome, N. R.Item Open Access Head of Department et al and Hoerskool Ermelo et al Judgement: A critique(2011) Choma, Hlako JacobIt is common cause that the Government has committed itself to quality education since its inception, it is also noted that many children are still suffering the effects of apartheid. In the areas where black people lived, there were very few schools. Apartheid laws and policies ensured that black people were either denied education or received poor quality education. The previously white schools still have more resources and are able to provide a better quality education. Most of these schools are a long distance away from where black children live and are not accessible to black children Section 29 (1) (a) of the Constitution provides that everyone has the right to basic education, it includes disadvantage groups, such as women, persons living with disabilities, refugees and children, “hence transformation is encouraged.”Item Open Access An investigation into the roles of the community structures in the enhancement of community participation in service delivery: a case of Ngulumbi Village in the Limpopo Province(2012-05-14) Ratshitanga, Tshilidzi Cynthia; Khwashaba, M. P.This study is an investigation into the roles of the community structures m the enhancement of community participation in service delivery. In this study I used the quantitative approach wherein purposive sampling was used because those who were selected to participate in the research had knowledge about what the structure do in the community. The selected participants had more knowledge about the phenomena that was studied. The instrument that I used in order to collect data from community structures was questionnaires, wherein they were distributed only to the selected members of the structure. Questionnaires were completed without fear because the respondents were assured of their anonymity and that confidentiality was to be maintained. An analysis of findings indicated that there was no good relationship between the community structures and the municipality, communication was very poor that is why there was a delay in the delivery of service. It was again indicated that the community should get full participation when it comes to the selection of the structure members through democratic elections. Community is the most important client of service delivery; therefore all the involvement and participation by the community should be done fully. The recommendations made through this study are that there should be democratic elections of the community structures by the community. There should be communication between the local municipality and the structure so that it becomes possible for the structure to play their roles in enhancing community participation in service delivery. There should be trainings so that development can be carried by people with full knowledge and skills. There should be an increase, in terms of the years, in the number of years of service within the structure members.Item Open Access An investigation into the challenges facing municipalities in women empoernment: a case study of Ward 2 in Thulamela Municipality(2012-05-22) Mamidze, Azwidali Alfred; Khwashaba, M. P.This study was intended to investigate the challenges facing municipalities in women empowerment. The investigation was done on the selected individuals from both Thulamela municipality and ward 2 in Thulamela. The sample was drawn from the population using the purposive and systematic random sampling methods. Sixty five respondents were chosen as follows: four managers and twenty employees in Thulamela municipality, Fourty women under ward 2 in Thulamela and finally the ward 2 Councillor in Thulamela municipality. A single instrument for data collection was used. A questionnaire in (Appendix A) was handed out to concerned people. The analysis of data was mostly qualitative and based on relevant frequencies of response. SOME OF THE MAIN FINDINGS OF THIS STUDY WERE: • The majority of the respondents agreed that women were employed in low paid jobs during apartheid era. • It has been confirmed by 92,3% of the respondents when they agreed that gender equity act and policies created more jobs opportunities for the previously disadvantaged groups of women in particular. • Most of the respondents indicated that more women are employed in more decent jobs in democratic era than in apartheid period. • There are currently more projects that are established to empower women. • Majority of the respondents indicated lack of education as an obstacle to women empowerment. •Education for girls will promote women empowerment • Most of the respondents disagreed that uneducated women are recognized in women empowerment. • Most of the respondents disagreed that majority of the ward Counselors are women. • Combination of family and gender roles hamper women empowerment, this has been confirmed by 63,1% of the respondents. RECOMMENDATIONS As a result of the findings and conclusion, it has been realized that so many problems regarding challenges facing municipalities in women empowerment need to be addressed. The following are some of the recommendations made out of those findings. • Women need to be employed to top management positions and in more decent jobs through Affirmative action. • Gender equity act and policies must be implemented by both public and private sectors for more jobs creation as women empowerment. • Government should go on providing more projects aimed at women empowerment. • Women must also be given tenders for their economic stability. • There to be are educational programmes like ABET that need provided to women as they were previously disadvantaged in education. • Government should have campaigns aimed at discouraging teenage pregnancies.Item Open Access The impact of foreign aid on the South African economy (1980-2008(2012-09-26) Amusa, Rasheedat Gbeminiyi Omotola; Gyekye, A. B.; Masunda, UsheThe role of foreign aid in promoting economic growth and improving welfare has been the subject of much debate among development specialists, researchers, aid donors as well as recipients in general. Two very strong views have emerged in the literature; proponents of aid posit that foreign aid contributes to higher welfare levels and economic growth while also improving the socio economic conditions of the poor in the receiving countries. Detractors of the idea that foreign aid promotes growth have argued that aid is not the solution to deep rooted economic problems of recipient countries. According to the latter, aid does not breed an environment that allows nations to themselves develop local strategies to improve growth. The country selected for this study, South Africa, poses an interesting case study given the fact that while the country is not aid- dependent, it still receives a significant amount of official development assistance (ODA). In spite of the above fact and the perceived benefits of foreign aid for growth and development, there are few empirical studies that have investigated the nature of the relationship between foreign aid and economic growth in South Africa. The study found that while foreign aid has positively affected growth in South Africa, the impact is insignificant. Although such aids has ensured a good macroeconomic environment which have been growth- enhancing for the country.Item Metadata only An investigation into the socio-economic factors and community perception in the direction of the conservation and management of the wetland : a case study of Thohoyandou Block F.(2012-10-30) Ndou, Avhatakali Christopher; Khwashaba, M. P.; Khwashaba, M. P.Item Open Access The impact of absenteeism on productivity in Giyani Police Station : a study conducted at Giyani Police Station(2012-12-07) Maluleke, Magezi Judas; Khwashaba, M. P.The study focussed on the impact of absenteeism on productivity, the causes of absenteeism as well as the strategies to manage and control absenteeism. The study was conducted by exploring the employees' opinions on the matter. The study is quantitative in nature and descriptive designs were used. It was conducted at Giyani Police Station during July 2011. A questionnaire was used to collect data from a sample of 88 respondents selected through simple random sampling procedure. The study revealed the following: • Majority of the respondents were in the age group 41-50 years of age • The organisation is still dominated by male employees with more than half. • Nearly three quarter of the respondents were married. • Half of the respondents managed to complete grade 12 or matric level. • Majority of the respondents were holding the rank of constable and below. • Nearly half of the respondents did not complete 10 years services in the south Africa police services • Over one third of the respondents were doing crime prevention as their nature of work. • More than half of the respondents were not working shifts. • It was also revealed that absenteeism had a negative impact on productivity, in the organisation. • The findings also revealed that, illness, injury, family responsibility, private commitments, official leave, maternity leave, health and safety, quality and nature of supervision, shift work, organisational control system and absence control policy, working conditions, substance abuse, unhappy work relation and others do contribute to employees' absence in Giyani Police Station. • However the findings revealed that the size of the group, overtime work, bad weather conditions, transportation problem and ventilation do not contribute to employees' absence in Giyani Police Station. • The study also revealed that the following strategies can contribute to the management and control of absenteeism: stringent absence manage policies, reward for good attendance, to re-educate managers and supervisors to deal affectively with absence performance related pay, wellness being program, information system and absence control by the use of computers, human relation training for supervisors, job enrichment, employee assistant program, goal setting by both the supervisor and the employees, participative management system and others. • The recommendation was made that the following strategies be • implemented by the management of the South Africa Police Services • including Giyani Police Station in order to manage and control absenteeism. • Stringent absence management policies • Reward for good attendance • Re-educate managers and supervisors to deal effectively with absence. • Performance related pay • Wellness being program • Information system and absence control system • Human relation for supervisors • Job enrichment • Employees assistant program • Goal setting by both the supervisors and the employee • Participating management systemItem Open Access The critical assessment of the challenges faced by Vhembe District Municipality with the implementation of supply chain management policies(2012-12-07) Mutuvhi, Fhatuwani Lastborn; Khwashaba, M. P.; Thornhill, C.