Institutes/ Centres
http://hdl.handle.net/11602/1941
2024-03-29T14:59:57ZBalancing indigeneous community rights and intellectual property rights in the protection of genetic resources and associated traditional knowledge in South Africa
http://hdl.handle.net/11602/2647
Balancing indigeneous community rights and intellectual property rights in the protection of genetic resources and associated traditional knowledge in South Africa
Mugabe, James Chapangara
The growing realisation of the importance of traditional knowledge in the commercial exploitation of genetic resources has fuelled intense debate over whether and how such traditional knowledge should be protected. This debate is also driven by the need to protect genetic resources and associated traditional knowledge from misappropriation and biopiracy, whilst also ensuring that biodiversity rich countries and their indigenous peoples receive a fair and equitable share of the benefits derived from their utilisation. This study examined the protection of genetic resources and traditional knowledge in South Africa and how it is balanced with the competing rights of holders and users of genetic resources and traditional knowledge. The study examined the current debates regarding the protectability of traditional knowledge within the IP system. It then looked at the theoretical and legal foundations from the South African Constitution and international law. Thereafter, the study provided an in-depth and critical comparative analysis of the measures taken in South Africa, Brazil, and India, to determine whether there are any lessons and opportunities for strengthening the policies and legislation to protect genetic resources and traditional knowledge in South Africa. The study found that, even though there is no single binding international instrument for the protection of genetic resources and associated traditional knowledge within the international IP regime, The Constitution of the Republic of South Africa, 1996 (the Constitution) and several international legal instruments provide some basis for their domestic protection. The study found similarities between the approaches taken by India and Brazil to the South African approach. Lastly, the study concluded that the protection of genetic resources and associated traditional knowledge should be implemented in such a way that it serves the various goals, which include the protection of the rights of IPLCs, and fair, equitable and sustainable socio-economic development, among others. Recommendations for further study and for policy development were also made.
LLM
2023-10-05T00:00:00ZThe Implementation of a Performance Management System in the Vhembe District Municipality in Limpopo Province
http://hdl.handle.net/11602/2643
The Implementation of a Performance Management System in the Vhembe District Municipality in Limpopo Province
Tshivhula, Thandi Cathrine
The study evaluated the implementation of the Performance Management System in Vhembe District Municipality of Limpopo in South Africa. A quantitative and qualitative research approach was used for the data collection. The theoretical framework underpinned the study focused on Goal-setting theory and its applications in performance management systems. In addition, the study adopted some performance management models namely; Three-Es Model namely; Quality Management Models, Business Excellence Framework and the European Foundation for Quality Management, South African Excellence Foundation Model, Citizens' Charter, Quality Awards, the Balanced Score Card and the Servqual Model. From the study, the impact of demographic information on the PMS workers showed that the majority age group aged 41-50 years participated in the survey out of 150 respondents. The gender representation of the study showed that males in Thulamela and Makhado were reported most with 23.3%, while females in Thulamela were characterized most at 13.3%. Under qualifications, out of 150 respondents, 50 people were employed with 10/National senior certificate (Grade 12)/NQF Level 5 making it 33.3%, which is the highest-ranked qualification. The current employment status showed that 64.8% were permanent staff. At the time the study was conducted, majority of employees indicated their current position as entry-level with 64.8%. For the local municipalities demographics, majority of 41.3% were from the Thulamela. About the knowledge of PMS, 13.4% of the respondents understood the meaning and its importance from other colleagues. In terms of PMS administration, the highest ranking was 62% which indicated a line of the workplace. Averagely, 27.4% of the respondents indicated that on weekly basis was the most time frame for report submission. The types of incentives received as part of PMS received at least 24.3% of respondents who indicate that they do receive certificates of services. The qualitative results based on the interviews on the PMS knowledge by the employees in Thulamela, Musina, Makhado and Collins Chabane municipalities showed that respondents have never had the knowledge of PMS. Sharing the experiences and challenges of PMS, some employees showed their experiences that PMS needs to be done at least once a year. For the challenges encountered with PMS, some interviewers talk about the inconsistency in PMS implementation in respect of year's portfolios of evidence and the inability to receive feedback after the submission of a report. Concerning the administration of PMS in the municipalities, the people interviewed mentioned that PMS was only implemented by the majority of the municipalities at the end of a financial year instead of as a routine assignment. The obtained results provide a guide for good organizational efficiency, effectiveness and accountability in using human and natural resources for the growth of a better society in Vhembe District Municipality of
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Limpopo Province and South Africa in general. It is recommended that all employees at public institutions undergo regular training and capacity-building workshops specifically on Performance Management Systems. There ought to be rigorous assessment, monitoring and evaluation of performance management systems to meet the required competency, norms and standards.
MPM; OR Tambo Institute of Governance and Policy Studies
2023-10-05T00:00:00ZRamification of Social Assistance Act 13 of 2004 intentions, on social relief programme based on Child Support Grant at Ha-Mutsha Area in Vhembe District, Limpopo Province
http://hdl.handle.net/11602/2641
Ramification of Social Assistance Act 13 of 2004 intentions, on social relief programme based on Child Support Grant at Ha-Mutsha Area in Vhembe District, Limpopo Province
Mugivhi, Munyadziwa Porcia
The child-support grant is one of the social assistance programmes, aimed at alleviating poverty. It is guided by the South African Social Security Agency (SASSA) Act 09 of 2004 and Social Assistance Act 13 of 2004. Social assistance programmes have created dependency on government and the supporting legislatures have a gap in terms of ensuring that people do not become fully dependant on hand-outs from the government. The aim of this research was to gain an understanding of the ramifications of the Social Assistance Act 13 of 2004 on the Social Assistance Programmes, based on the child-support grant, at Ha-Mutsha area in Vhembe District, Limpopo Province. The purpose of the study was to recommend solutions to discourage dependability on social assistance programmes. This study implemented a quantitative approach, as it offers high level of statistics and high level of consistency by descriptive cross-sectional survey. Data was composed by a questionnaire consisting of four sections; namely, demographic information of the respondents, the significance of the child-support grant, the intentions and ramifications of the Social Assistance Act 13 of 2004 on Social Assistance Programmes, based on the child-support grant and solutions against the dependency syndrome on Social Assistance programmes. Three major questions were asked; namely, what is the intention and significance of the child-support grant? What are the ramifications of the Social Assistance Act 13 of 2004, on Social Assistance Programmes, based on the child-support grant? What are the strategies to prevent or discourage the dependency syndrome on the Social Assistance programme? The population of the study were both males and females aged 16-59 years who were beneficiaries of the social assistance programme, as well as between 9-17 years, who were recipients of the grant. Structured questionnaires were used for data collection, checked and scrutinised using the Statistical Package of Social Sciences version 27. Descriptive statistics, which comprise of the following was used to scrutinise the data: standard deviation, mean and frequencies. Chi-square test was used to group the variables in order to check the relationship. Data was obtainable through graphs and tables. The findings of the study will be useful in government departments, more especially Department of Social Development and community members for adequate interventions.
MPM; OR Tambo Institute of Governance and Policy Studies
2023-10-05T00:00:00ZAssessing the impact of the coronavirus pandemic on Local Economic Development (LED) initiatives in Thulamela Local Municipality
http://hdl.handle.net/11602/2602
Assessing the impact of the coronavirus pandemic on Local Economic Development (LED) initiatives in Thulamela Local Municipality
Kone, Thapelo Sandra
In its Integrated Development Plan (IDP), the Thulamela Local Municipality stipulates that its core mandate is to provide a climate that will attract investment and reduce unemployment through the promotion of economic development. In line with the Municipality’s mandate, it has to be pointed out that the most pressing questions that remain are whether local municipalities have in place the plans to revive some defunct infrastructure projects and to make sure that the newly constructed projects are used for the maximum benefit of the local communities. This study assesses the impact of the coronavirus pandemic on Local Economic Development (LED) initiatives in Thulamela Local Municipality. Thulamela Local Municipality is classified as a Category B Municipality and for this study, indicators of economic growth were used as a measure. The variables that were considered are: Growth Rate of National Income Per Capita Income PCI, Per Capita Consumption PCC, Physical Quality Life Index PQLI, Human Development Index HDI, Industrial Progress and Capital Information. Health and Education were used to assess the impact of the coronavirus pandemic on LED initiatives in Thulamela Local Municipality. Purposive sampling, a type of non-probability sampling, was used in this study. Data was collected from the community members and traditional leaders in Budeli Mphireleni Village, SANCO members from Thohoyandou Block F, Traditional leaders from Thulamela Local Municipality, and the people working at Thulamela Local Municipality. A qualitative research methodology was used in this study was used where a desktop review was utilized for data gathering. The Statistical Package for Social Sciences SPSS Version 28 was used for analysing quantitative data and Atlas ti Version 22 was used for analysing qualitative data. The views gathered from participants in this study show that LED programs that were operational in Thulamela Local Municipality during the pandemic included fishing, mining, farming, and services provision.
Findings in this study show that the outbreak of Covid-19 greatly affected LED objectives. Thulamela Local Municipality failed to achieve its intended purposes during the pandemic as some resources ended up being diverted to meet other life-saving immediate needs by the national government. Another significant finding from this study is that the municipality alone cannot create jobs or meaningful economic initiatives without partnering with external players and businesses. In proposing recommendations, the strategies that were formulated in this study were informed by
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the participants' views. Some of the recommendations are that Thulamela Local Municipality has to strengthen its relationship with stakeholders such as communities and local businesses because it is through these partnerships that the lives of people can be changed. Further, it is recommended that the Municipality must ensure proper management of the projects in the area.
MPM; OR Tambo Institute of Governance and Policy Studies
2023-10-05T00:00:00Z