48 research outputs found
Exploring teachers' perceptions of the barriers and solutions to using one teacher laptop per class in a multi-grade context : the case of Intel®Teach-ICT implementation
This interpretive exploratory case study investigated the challenges and barriers to the multi-grade context in general, as well as to Information and Communication Technology (ICT) implementation in a multi-grade context. Possible solutions based on teacher perceptions were generated inductively within a three-level typology. The research took place in three phases. Pre-training data were gathered in the first phase, using an open-ended questionnaire (all participants: n=20); personal interviews (n=9); and two focus group interviews, which consisted of three participants per focus group. Training on the Intel® Teach ICT programme and the provision of laptops (one per teacher) constituted the second phase. The third phase included post-training data generation using an open-ended questionnaire (all participants) and two focus group interviews, which consisted of three participants per focus group, to elicit teacher perceptions of the training programme and their use of the laptops in the classroom after the training. The findings suggest that first order (school or meso level) challenges pertaining to multi-grade teaching relate to the lack of resources; curriculum challenges; learner related challenges; isolation, impact on communication and teaching; time constraints; and a work overload as a result of the multiple roles. Second order challenges (self or micro level) related to the perceived uncaring attitude of the Department of Basic Education that left teachers feeling hurt and neglected; the unpreparedness for the multi-grade context which demotivated teachers; and the negative perceptions the teachers had about their learners. Third order challenges (system level, beyond the school level or micro level) were related to the lack of Departmental support from officials; the lack of curriculum training for the multi-grade context; and the lack of support on various fronts. Regarding ICT related challenges, the findings suggest that first order barriers related to the lack of suitable infrastructure for ICT implementation; lack of peer support; lack of access to appropriate hardware and software; and lack of time. Second order barriers related to the negative beliefs in the self; negative perceptions about the learners’ ability to use the laptop; and negative beliefs related to teaching and learning. The third order barriers were related to the lack of support and assistance from the Department of Basic Education for ICT implementation. The findings suggest that the participants viewed the provisioning of enabling programmes for parents as an important solution to first order challenges, and a change in mindset as the most important solution for second order problems. Third order solutions included a “multi-grade Renaissance” towards a new model for multi-grade teaching; re-thinking the curriculum requirements regarding multi-grade teaching by the Department of Basic Education; increased support and training from the Department; incentives to teach with ICT in the multi-grade context; encouraging further research inmulti-grade teaching; providing sufficient resources; establishing partnerships with stakeholders; and the closure and merger of multi-grade schools. There was evidence that the laptops provided were used in a variety of ways after the Intel® Teach training by the participants, including email as a tool to communicate with their fellow multi-grade peers, which serve to break their sense of isolation. Quantitative data from the open-ended questionnaire confirmed an increase in the usage of the laptop after the Intel® Teach training intervention. Although the participants generally experienced the Intel teach training intervention as positive, they also identified negative experiences. These findings enabled the embedding of ‘self and sustainable support from stakeholders’ more explicitly in the professional teacher development ICT implementation framework of Du Plessis and Webb (2012b), which suggests that the Intel® Teach training intervention can be used as a vehicle to address ICT implementation within the multi-grade context. It is suggested that the Department of Basic Education should consider exposing all teachers to the Intel® Teach programme and assist multi-grade teachers by providing better on-going support and putting the necessary policies, implementation and infrastructure in place
The electronic monitoring of employees in the workplace.
Thesis - University of KwaZulu-Natal, Pietermaritzburg, 2010.No abstract availabl
The Right to Strike under the Labour Relations Act 66 of 1995 (LRA) and Possible Factors for Consideration that Would Promote the Objectives of the LRA
The Labour Relations Act 66 of 1995 (hereafter the LRA) was promulgated to redress the injustices and inequality within labour relations. It seeks to do so through four objectives which give effect to the LRA's purposes of transformation within the labour relations framework. One of these objectives is to promote orderly collective bargaining. It is envisaged that if parties engage in collective bargaining, then disputes should be resolved speedily and amicably without having employees resort to strikes and employers to lock-outs. This in turn would ensure that production within the workplace continues without interruption. Thus, the workdays lost would be decreased and productivity would be increased. One of the main features of the LRA is the endorsement and regulation of strike action. Employers have always possessed greater authority than employees due to their managerial prerogative, thus strike action is viewed as a necessary way of levelling the playing field between employers and employees in the collective bargaining framework. Strike action is regarded as forming part of the collective bargaining framework. It has been acknowledged that without the threat of strike action, collective bargaining would be futile. However, strike action in South Africa has been increasingly alarming over recent years. This is primarily due to the manner in which employees are asserting their demands. There has been an undeniable increase in the intensity of violence, intimidation, harassment, destruction to property and civil unrest evident in strikes. Even more disturbing is that these strikes have not been contained within the employment relationship; instead, the ramifications of disorderly strikers have caused severe consequences for innocent members of society and the country as a whole. This article highlights the violent context in which strikes take place and the necessity of limiting potential violence. In doing so, this article seeks to consider the viewpoints of two judgments, Equity Aviation Services (Pty) Ltd v SA Transport & Allied Workers Union 2011 32 ILJ 2894 (SCA) and SA Transport & Allied Workers Union v Moloto 2012 33 ILJ 2549 (CC), which have addressed the issue of whether non-unionised members are required to provide separate notices of their intention to strike. It is argued that a strict interpretation of section 64(1)(b) of the LRA is required, in the light of the chaotic and violent strike action that has taken place over the years, as that would have the effect of creating greater certainty and predictability in the event of a strike. Thus, an expectation of order would be instilled which in turn would fulfil one of the objectives of the LRA, which is to promote orderly collective bargaining
SARS LIABLE FOR CHEQUES LOST OR STOLEN IN THE POST Stabilpave v SARS (615/12) [2013] ZASCA 128
The Supreme Court of Appeal (SCA) in Stabilpave v SARS (615/12) [2013] ZASCA 128 was asked to decide on the assumption of risk where a cheque issued by the South African Revenue Services was intercepted through the post and subsequently misappropriated by thieves. The judgment of the court is significant as it stated clearly that any agreement “about the particular mode of performance” or “as to the manner of payment” will only be reached if the creditor stipulates (or requests orauthorizes) a particular mode of payment and the debtor accedes to the request. According to the court, due to the fact that the appellant had not requested the refund by cheque, SARS carried the risk of theft or loss of the cheque
BACK TO THE FUTURE: THE REINSTATEMENT OF DEREGISTERED COMPANIES AND CLOSE CORPORATIONS, SECTION 82(4) OF THE COMPANIES ACT 71 OF 2008 Missouri Trading CC v ABSA Bank Ltd 2014 (4) SA 55 (KZD)
In terms of section 82 of the Companies Act 71 of 2008 (hereinafter “the Act”) a company or a close corporation may be deregistered by the Companies and Intellectual Property Commission (hereinafter “the Commission”) if it failed to timeously lodge its annual returns with the Commission or if it has been inactive for a number of years. An important issue in terms of the Act is with regard to the consequences of re-registering a deregistered company or close corporation. When a company or close corporation is deregistered, it ceases to exist as a separate juristic person and its assets and rights vest automatically in the State as bona vacantia. Sections 82 and 83 of the Act provide the ways in which re-registration may occur, that is by application to the Commission or to the High Court. The previous Companies Act 61 of 1973 and the Close Corporations Act 69 of 1984 contained provisions that expressly provided that the reinstatement of companies and close corporations were fully retrospective, and the effect was as if the entity was not deregistered in the first place. The new Act, however, does not contain a similar express provision, whether this was simply an oversight by the legislature or intentional is debatable. In Missouri Trading CC v ABSA Bank Ltd (2014 (4) SA 55 (KZD)) the court discussed the conflicting views with regard to whether section 82 of the Act has retrospective application. 
A DISCUSSION ON THE ISSUE OF COSTS IN RELATION TO DERIVATIVE PROCEEDINGS IN SECTION 165 OF THE COMPANIES ACT 71 OF 2008
A historical practical obstacle to the institution of derivative proceedings has been the burden of costs. The burden of costs was identified as problematic as long ago as 1970 in the Van Wyk De Vries Commission of Inquiry into Companies and has the potential to continue to disincentivise derivative proceedings in light of the provisions of section 165 of the Companies Act 71 of 2008. Comparable provisions in the United Kingdom Companies Act 2006 are discussed to identify whether any improvements can be made with respect to the issue of costs in instituting derivative proceedings under section 165
BREAKING THE SILENCE – FRIENDS OF THE COURT CAN ADDUCE EVIDENCE Children’s Institute v Presiding Officer of the Children’s Court District of Krugersdorp Case CCT 69/12 [2012] ZACC 25
An amicus curiae, literally friend of the court, is a person or organization with a strong interest or views on the subject matter of an action, but not a party to the action who may petition a court for permission to file an application on behalf of a party. Other definitions state that the amicus is able to advise the court on matters of fact. An amicus curiae educates the court on points of law that are in doubt, gathers or organizes information, or raises awareness about some aspect of the case that the court might otherwise overlook. Justice O’Connor of the United States Supreme Court has justified the amicus procedure on ground that “[t]he ‘friends’ who appear today usually file briefs calling our attention to points of law, policy considerations, or other points of view that the parties themselves have not discussed”. The participation of amicus curiae in litigation is a practice which has been entrenched in the common law and civil law of various jurisdictions. It is for this reason that an amicus has become versatile and is said to fulfil a wide range of important functions. The participation of amicus curiae in litigation is a well-established practice in South African legal history. Indeed, the South African courts “are increasingly recognizing that certain matters must necessarily involve the perspectives and voices of organizations or entities that may not have a direct legal interest in the matter”. Amicus curiae briefs have helped the courts to clarify and develop judicial approaches that would assist the courtsin handling intricate issues. The role of amicus curiae in South Africa must be viewed against the background of public-interest litigation which is largely the result of the “apartheid” era in which human-rights activists and civil society organizations sought to fight the inequalities of the “apartheid” regime. With the advent of the Constitution the challenge has now moved away from addressinginequalities of the past but towards ensuring that all persons benefit from the rights enshrined in the Constitution. This has been greatly helped due to the South African Constitution adopting a liberal position with regard to locus standi. This approach has been usefulespecially for those wishing to enforce the rights in the Bill of Rights of the Constitution by litigating in the public interest. Although, technically, locus standi can be distinguished from the amicus curiae procedure, the courts have applied the same locus standi flexibility to the amicus curiae procedure. In light of this, organizations sought to be admitted as amicus curiae in order to adduce statistical evidence, initiate court cases or have sought to be admitted as amicus curiae on behalf of individuals or groups in litigation. The Children’s Institute at the University of Cape Town in the case of Children’s Institute v Presiding Officer of the Children’s Court District of Krugersdorp (Case CCT 69/12 [2012] ZACC 25) is a classic example of such a case. The Children’s Institute sought to be admitted as amicus curiae in order to adduce statistical evidence demonstrating why orphaned children living with family members should receive the foster child grant. The Children’s Institute contended that the Children’s Court decision would lead to roughly 350 000 orphaned children (who live with family members) losing their foster grants
“LEGAL STANDING” AND “THE DEMAND” IN SECTION 165 OF THE COMPANIES ACT 71 OF 2008: A COMPARATIVE DISCUSSION
Section 165 of the Companies Act 71 of 2008 provides that applicants with locus standi who are aware of a wrong perpetrated against the company and who wish to pursue a derivative action against the company must have served a demand on the company requiring it to commence or continue legal proceedings to protect its own legal interests. Thereafter, the company must have filed a notice indicating that the company refuses to comply with the demand, or alternatively, the company must have failed to comply at all or failed to comply properly with its obligations relating to the investigation of the demand and its response to the demand. This article explores the concepts of legal standing and the demand that must be served on the company requiring it to commence or continue legal proceedings to protect its own legal interests as contemplated in section 165(2) of the 2008 Act, with the aim of identifying the commendable aspects of these concepts as well as the possible shortfalls.</jats:p
