A comparative study of the effects of liquidation or business rescue proceedings on the rights of the employees of a company

Whenever legal disciplines overlap interesting scenarios occur and differences in opinions create intellectual tension. One such interesting scenario occurs when employees’ rights are affected during a company’s liquidation or business rescue. The employees of a company are normally the last persons to find out that a company is struggling financially. They are also the only stakeholders who are in no position to negotiate their risk should the company be liquidated. It is therefore necessary to evaluate the rights given to employees during a company’s liquidation and business rescue. The fundamental ideologies of company law, insolvency law and labour law are challenged and examined to attempt a harmonizing result that respects the core of each discipline. It is crucial to determine whether an appropriate balance is struck between the interests of all the stakeholders of the company during these procedures. The aim of this thesis is to evaluate whether South Africa manages to strike this balance. If employee rights are protected whilst a company is restructured back to solvency and success, this balance will be struck. An evaluation will also be made whether employees are always better protected during business rescue than in liquidation. The study analyses employee rights in a company’s liquidation and during a company’s restructuring process. The comparative study of employee rights in liquidation and rescue is done with the jurisdictions of Australia and England – countries with similar procedures. Important conclusions show that South Africa protects employee rights during business rescue procedures the best. An appropriate balance is indeed struck between the interests of all stakeholders of a company during business rescue procedures and employees are most of the time better off after a restructuring than in a liquidation. Should the recommendations for law reform be implemented in our legislation, South Africa will overcome the few obstacles currently in its way to be seen as a world leader where employee rights are concerned in liquidation proceedings as well as business rescue.Mercantile LawLL. D

Planning and[/in] the future: The place of utopian thinking and the utopian thinking about place

In this article the argument is made that the once visionary profession of planning lost its focus on the future. This is done through an analysis of the nature of planning, its identity and the place of utopia in its make up, and the deployment of the metaphors of ‘loss’ and ‘need’. In accordance with this reading it is argued that it is imperative for planning to restore this relationship, not just for its own soul and sanity, but especially so for those who benefit from its endeavours. Following on from this, a set of suggestions is made as to how this can be achieved, both in the theoretical approach to planning and in actual practice. The article is concluded with a cautionary note on the potentially inappropriate application of these future seeking and shaping ideas

Mitigation of the inflammatory response to bioprosthetic heart valve tissue through antigen-directed masking

Includes bibliographical references (leaves 143-165).This research was firstly directed to characterise the immune response to bioprosthetic heart valves in patients as well as in animal models. The study further demonstrated that the glutaraldehyde concentration applied to commercial heart valves is insufficient to mask the antigenicity of the tissue, therefore an method of masking antigens to mitigate the inflammatory response is needed

Pengaruh Konsentrasi Kepemilikan, Risiko Pajak, dan Risiko Perusahaan Terhadap Agresivitas Pajak dengan Manajemen Laba Akrual Sebagai Moderasi

Companies perceive taxes as a burdensome expense, which can diminish potential profits. As corporate taxpayers, companies have a responsibility to pay taxes in accordance with applicable laws. Tax aggressiveness refers to tactics employed by companies to manage or manipulate the magnitude of the tax burden they must bear, aiming to reduce their actual tax obligations without violating the law. This research examines the relationship between ownership concentration, tax risk, and corporate risk on tax aggressiveness, with accrual earnings management as a moderation variable. Data analysis is conducted using descriptive statistics with a quantitative approach. The research findings indicate that ownership concentration, tax risk, and corporate risk positively influence tax aggressiveness. Additionally, accrual earnings management can weaken the impact of ownership concentration, tax risk, and corporate risk on tax aggressiveness

Evaluation of Snow and Streamflow in the National Water Model with Analysis using Machine Learning

Snow has great influence on land-atmosphere interactions and snowmelt from the mountains is a vital water source for downstream communities dependent on snow fed lakes, rivers and streams. This study explored the snow and streamflow prediction capabilities of process-based numerical prediction and data-driven machine learning models. The overall goal of this study was to understand the deficiencies in the NOAA’s National Water Model (NWM) to represent snow, subsequently streamflow, and recognize the areas where it could be improved for future model developments. The goal was also to evaluate if the recent advancements in machine learning techniques is useful for predicting snow in mountainous terrain where numerical prediction models such as the NWM have been known to face difficulties. The first chapter of this document will give an overview of the history of process-based hydrological models from their inception to a highly complex numerical expression of fully distributed models. It also describes the most recent evolution of more data-driven machine learning (ML) approaches such as artificial recurrent neural networks that are able to learn the non-linear input-output hydrological relationships in a catchment without explicit physical representation of the processes. This will help in understanding the vices and virtues of each method. The second chapter of this document will evaluate snow representation in the NWM through a single-column experiment and subsequently streamflow across the Aroostook River Basin in northeastern Maine, United States. It will analyze the uncertainties in the meteorological forcing data and model biases that lead to biases in the snow representation in the model simulations. The simulated streamflow estimates will be compared against the observed values from the United States Geological Survey and highlight the factors that lead to the discrepancies. The insights from the single-column and the basin study will help in the future development of the NWM or other process-based physical numerical prediction hydrological models. The third chapter of this document will evaluate the long short-term memory network machine learning technique to predict the daily snow water equivalent SWE in the Sierra Nevada basins in the western United States. This chapter takes advantage of a newly developed unique SWE reanalysis dataset, and compares SWE predicted with the ML technique to the SWE estimates from the physically based National Water Model. Snow in the Sierra Nevada range in the Western United States is critical for providing water to most parts of the south western United States, the regions that are facing severe drought since the past decade. The results of this study will be valuable towards the ongoing research on ways to more accurately estimate and predict snow stored in the mountains as SWE every season

The recycling of domestic waste in the Cape Peninsula: implications for environmental education

This case study investigates domestic waste recycling schemes in the Cape Peninsula with special reference to educational aspects as a basis for developing educational resource materials. It explores the question: "In what way can projects for the recycling of domestic waste serve as a vehicle for environmental education?". The study employs the concept of education for the environment, following a socially critical approach with action-oriented and participatory dimensions. The research sample constituted interviewees and/or workshop participants from fourteen different municipalities, six recycling industries, one private waste contractor and the three most prominent voluntary organisations involved in recycling in the Cape Peninsula. A small-scale -interview survey was done to review existing recycling initiatives, combined with a case study of several small participatory initiatives towards educational resource development. The results were analysed qualitatively. The case study indicates that recycling initiatives have excellent potential for education for the environment. This potential was partially explored in this research by addressing key issues such as the role of local authorities in recycling of domestic waste, the short-term perspectives on the part of the local authorities, as well as the importance of and constraints on participation in recycling projects and in the research. Other issues discussed include the educational implications of personal (economic) benefits of recycling, the social development dimension of some recycling projects, the value of school children organising recycling projects, limited teacher participation in existing recycling projects, and the need for environmental education resource material. The major value of the project lies however in critical reflection on the research process. Recommendations regarding participatory resource development as an approach to socially critical environmental education are put forward to inform similar studies in the future and to elucidate the approach. Recommendations regarding the recycling of domestic waste in the Cape Peninsula are also made

The Pulsar Effect - the 38th ISoCaRP Congress

The International Society of City and Regional Planners (ISoCaRP) held its 38th Congress in Athens during September 2002. It examined one of the most formidable and demanding challenges facing contemporary urban planners and managers: how to cope with the 'pulsar effect' as it relates to the provision of urban services, facilities and infrastructure. The four South African planners who participated in the Congress, either as a rapporteur or as speakers, found the experience particularly stimulating

The Significance of Green Space in the Living Environment: A Case Study of the Bekkersdal Community, Westonaria, South Africa

There is increasing evidence for a positive relation between the amount of green space in the living environment, people’s health and their well-being. The Bekkersdal Township was founded in 1945 as a mining community. As the mines in the area closed down, unemployment grew and a new informal township was established with the concomitant health, other socio-economic issues and a lack of green space in the immediate environment. This article addresses the following question: ‘Do green spaces matter in this specific socio-economic environment?’ The participants consisted of 520 residents of the informal settlement section of Bekkersdal who completed a questionnaire with the assistance of trained fieldworkers. The results revealed that although the residents generally have positive feelings concerning their natural environment, in particular with regard to the vegetable gardens and open areas, environmental risks, i.e. dust, noise, litter and polluted water sources affect them considerably. Vegetable gardens are popular as they also serve as a food source in this underprivileged environment. The participants also showed a great affinity for natural features i.e. trees and open areas. Research from similar surroundings suggested various positive effects thereof on the residents. This study suggests that Bekkersdal, although impoverished and plagued with many adversities, has the potential to add value to the living conditions of residents by exploring and cultivating the existing green spaces.This includes incentive-driven organised environmental activities and initiatives such as clean-up operations, recycling, communal food- and medicinal gardens, and training to establish and maintain such initiatives

How to define the historic urban landscape of Pretoria through an understanding of its historic layers

The Historic Urban Landscape (HUL) Approach was promulgated by the United Nations Educational, Scientific and Cultural Organisation in 2011. South Africa, as a member-state of UNESCO, has yet to implement this ‘soft law’ into its regulatory framework. The HUL Approach is intended to be included in the planning regulations of the third tier of government or at the local authority level. As a practicing architect and heritage consultant, I deemed it appropriate to devote this study to the definition of the historic urban landscape of historic Pretoria. The administrative capital of South Africa has a richly layered history and demonstrates a vibrant and diverse community life. Many layers of cultural and tangible history await exploration by contemporaries from the administrative-, academic- and public-sectors, all of whom are receptive towards the application of the HUL Approach as a valid strategy that integrates both planning and heritage conservation. In order to fully understand how the Historic Urban Landscape must be defined, I aimed the research toward recent applications of the HUL Approach in appropriate precedents. Two precedents were selected, one of which is quoted as a pronounced success: the City of Ballarat in Australia. The other precedent consists of the three World Heritage Sites on the Swahili Coast of East Africa: the Island of Mozambique, the Stone Town of Zanzibar and Lamu Old Town in Kenya. The latter precedent is perceived by me as an example of an incomplete application of the HUL Approach, due to the initial inconclusive definition of the historic urban landscape. The study concludes with recommendations on the diverse layers that should represent the historic urban landscape of historic Pretoria. These should include but may not be limited to: site topography, geomorphology, hydrology and natural features, historic and contemporary built environments, infrastructure, open spaces and gardens, land use patterns, spatial organizations, perceptions, visual relationships, social and cultural practices, and values and economic processes. I have applied my research to the history of Pretoria to portray the richness of the layers, and have endeavoured to describe the many and varied role-players that are still represented by the diverse cultures that live as a collective community in the capital city of the New South Africa. Limitations to the study include: available literature on the implementation of the HUL Approach and the collective community’s view on the impact of the contemporary history of Pretoria. The latter is expected to emerge resolutely from the involvement of the local community during the actual implementation of the Historic Urban Landscape Approach.Dissertation (MEng)--University of Pretoria, 2018.ArchitectureMArchitectureUnrestricte

The role of social media as an information source in the decision making of students when selecting a university

Social media is an important part of the everyday lives of young and old alike. Consumers today turn to online sources more and more to help them make decisions. They ask for advice online on purchases they want to make and read extensive reviews that help them to make a purchase decision. With a broad literature review conducted, it was noted that in the past traditional media was mainly used by students as information sources in their decision-making process. The purpose of this study was to determine what role social media as an information source has in the decision making of students when selecting a university. Data was collected from University of South Africa students by means of an online questionnaire. The sample was selected using probability sampling in the form of simple random sampling. The results of this study indicated that students use social media as an information source to some extent when making a decision about a university. Social media was found to be a credible source of information albeit it only has a slight influence on their decision-making process. Students are present online and use social media mostly on their cell phones for entertainment purposes. Universities should take note of the role that social media plays in the lives of students. It can enable them to better market their institutions to potential students.Business ManagementM. Com. (Business Management