Theses and Dissertations (University of Pretoria)

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A photogeological investigation of the major controls of fluor-spar, lead and zinc ores in the Zeerust area, Western Transvaal
Wilson, John Gunn (University of Pretoria, 2026)
Abstract available on PDF
'N Ondersoek na die plek- en plaasname van die Groot Moot
Strydom , (Stephanus) S (University of Pretoria, 2026)
Abstract available on PDF
An analysis of the purchaser's protection in terms of chapters two and three of the Alienation of Land Act 68 of 1981
Buys, Catherine (University of Pretoria, 2015-10)
Chapters II and III of the Alienation of Land Act 68 of 1981 contain various measures which are intended to protect a purchaser who has entered into a contract for the sale of land. This dissertation will consider the various sections of these Chapters to indicate what protection the purchaser is offered, whether this protection offered is to the advantage of the purchaser, and also what the purchaser must do to be afforded this protection. The different sections are split into different chapters which will cover rights which are applicable in general, rights which are applicable when a mortgage bond is still registered over the land, and also the rights which a purchaser has if the owner of the land should become insolvent before the land is transferred to the purchaser. It is important that the purchaser should be aware of these rights because they are intended for his benefit. Some sections are excessively verbose which is not to the advantage of a purchaser who probably cannot afford legal assistance since he cannot obtain a mortgage bond to assist with the purchase of the property and as such some sections can be criticised. Where possible, suggestions for easier understanding have been provided. The aim of the dissertation is to inform purchasers of what rights they have at their disposal when they enter into a contract and to ensure that he understands the rights which he has so that he can actually attempt to rely on the Act if the need arises.
The second wave of criminalising homosexuality in Kenya, Nigeria, and Uganda
Osogo, Ambani J. (University of Pretoria, 2016-10)
This thesis is a critical evaluation of the second wave of criminalising homosexuality in Kenya, Nigeria, and Uganda against the backdrop of the Separability thesis, secularism, and international human rights law. During the second wave of criminalising homosexuality in the aforementioned countries, attempts have been made to expand the scope of anti-homosexuality offences and prescribe harsher penal sanctions for the offences. The new wave is sufficiently methodical to ensure not only the proscription of homosexual acts but also the curtailment of crucial entitlements like the rights to life, equality, free speech, association, and assembly, access to healthcare, housing, property, employment, privacy, human dignity, and family. To support these stern measures, Kenya, Nigeria, and Uganda have made four main arguments: a) the ‘cultural thesis’, which argues that homosexuality is unAfrican and foreign; b) the ‘morality thesis’, which posits that homosexuality is immoral, unnatural and abominable; c) the ‘religious thesis’, which contends that homosexuality contradicts the teachings of both the traditional African religion and the ‘received’ faiths - Christianity and Islam; and d) the ‘rights-based thesis’, which maintains, first, that homosexuals demand more rights than are enjoyed by their heterosexual counterparts, and, second, that the kind of entitlements championed by the pro-homosexuality movement are not covered by the existing human rights frameworks. This thesis evaluates all these arguments. The thesis further contributes to the body of knowledge by studying the history of regulating homosexuality in Africa with the view to discovering whether homosexuality is African or alien and tracing the crime of homosexuality to its cradle, the United Kingdom, with a view to analysing its original character and rationale(s).
A comparative analysis of Swaziland’s Environmental Impact Assessment (EIA) laws
Dlamini, Mehluko (University of Pretoria, 2016-10)
N/A
Judicial deference as a lens through which to see the application of the principle of complementarity under the rome statute
Ncame, Noluthando (University of Pretoria, 2019-10)
This dissertation sets out to achieve an alternative approach to assessing complementarity. In this respect, it seeks to provide a new approach for the Court to follow to ensure that it complies with the complementarity regime of the Court. The core content, from a legal perspective, of the principle of complementarity in the Rome Statute is identified and explored. This is achieved by looking at how previous international tribunals have addressed the distribution of jurisdictional competence between international and domestic jurisdiction. This essence of the principle of complementarity as it stands in article 17 of the Rome Statute, which is the heart of the Court’s complementarity regime, is set out. The study addresses the situations in Libya, Kenya, Uganda and the Sudan. In addressing these situations an attempt will be made to establish the manner in which the ICC applies the principle of complementarity. A critically analyse the judgements delivered by the Court on admissibility in the context of these situations is carried out. In the situation in Sudan, there has not been a formal admissibility challenge brought before the Court. However, even there the tensions arising from the distribution of jurisdictional competence also plays itself out in the rhetoric relating to the ICC’s exercise of jurisdiction in that situation. These are distilled principally from the AU High Level Panel report on Sudan. This paper proposes that the judges of the Court need to embrace a deference doctrine to assist them in the task of realising the complementary nature of the Court. The following deference doctrines are set out: exhaustion of domestic remedies, margin of appreciation, proportionality, rationality, reasonableness and judicial deference. These doctrines are then tested against the four situations. It is concluded that the ideal deference doctrine for the ICC is one that has a supervisory element to it. It is recommended that this doctrine should be incorporated into the system by the judge through their inherent powers rather than by an amendment of the Rome Statute, as that would be unrealistic.
Shareholder protection rules under fundmental transactions
Masondo, Nkululeko (University of Pretoria, 2021-04)
Empirical research in previous years has shown the history and evolution of takeovers and mergers in South Africa. Many theories have emerged to show the advancement in the Companies Act 71 of 2008 (2008 Act) from the Companies Act 61 of 1973, especially in issues relating to takeovers and reorganisations. This includes measures in the 2008 Act that are designed to protect shareholders involved in fundamental transactions. Several academic writers have provided insight into the changes brought about by the 2008 Act with regard to the protection of shareholders, especially in fundamental transactions. It is noted that shareholder protection rules and fundamental transaction rules are the result of some of the purposes of the 2008 Act. Both these rules are a result of the purpose to encourage investment in the economy of the country and to promote the development of South African markets, respectively. However, this research, through critical and comparative analysis of shareholder protection rules in South Africa, the United States of America, India and the United Kingdom, sets out to highlight the conflict between shareholder protection rules and fundamental transactions rules in the 2008 Act. It also shows that with the realisation of one rule comes the transgression of the other and raises the question of whether the 2008 Act has actually struck the right balance.
The role of national courts in the arbitration process
Rantsane, Ditaba (University of Pretoria, 2016-10)
The thesis entitled “The Role of National Courts in the Arbitration process” notes with concern the outdated and inadequate nature of the Arbitration law currently applied in South Africa. The fact that the Act was enacted in 1965 and has never been amended highlights the desperate need to review the prevailing arbitration law with a view to aligning it with the current needs of the business world. It raises three primary research questions in this context. First, does arbitration law in South Africa offer the benefits that were envisaged when arbitration was first developed as an alternative dispute resolution mechanism? Second, does the manner in which arbitration law is practiced in South Africa offer adequate protection to consumers who are vulnerable due to the inequality of bargaining power between themselves and large corporations? Third, is the current practice of arbitration in South Africa constitutional, particularly because of its potential limitation of the constitutional right of the parties to access the court? The thesis attempts to answer these questions and offer recommendations for the South African Law Reform Commission (SALRC) within the specific context of commercial arbitration. In addressing these research questions, the thesis incorporates a brief overview followed by a detailed discussion of the Arbitration law framework in South Africa and abroad. The discussion of arbitration abroad is done in order to identify best practices which could be adapted to suit the South African environment. The International Arbitration law receives attention and a few observations regarding how selected foreign jurisdictions treat arbitration is also included. Finally, the thesis explores the possibility of establishing an independent institution that will be fully equipped to handle arbitration proceedings from inception to completion.
Addressing the tension between female reproductive autonomy and foetal interests during pregnancy and birth
Pickles, Camilla (University of Pretoria, 2014-10)
This thesis considers different areas of tension developing in South Africa between female reproductive autonomy rights and foetal interests that arise when law reform is proposed which aims to ensure healthy pregnancy and birth outcomes. Four areas are highlighted: prenatal substance abuse; termination of pregnancy; violence that terminates a pregnancy without a woman’s consent; and extending legal personhood to the unborn. Ultimately, this thesis explores whether it is possible to tackle these concerns without encouraging an adversarial pregnancy environment. There are two leading approaches to pregnancy in law: Pregnant women are either viewed as single entities (the primary South African position) or two separate entities (the primary position in the United States). This thesis tests the validity of both to adequately tackle the identified areas of concern. Research indicates that these approaches undermine healthy pregnancies or birth outcomes and female reproductive autonomy. The approaches fail to reflect the embodied nature of pregnancy being one that is based on relationship and inseparable connection. The single-entity approach denies the existence of the unborn while the separate-entities approach encourages pregnancy adversarialism. This thesis reveals that the concerns will never be adequately resolved unless the potential for tension between women and the unborn is removed. The author proposes a relational approach to pregnancy in order to address the potential for tension and applies the not-one-not-two approach to pregnancy which focuses on the embodied connection that pregnancy represents and the contextual realities in which pregnancies exist. The thesis applies this approach to the identified areas of concern.
Realising the right of access to basic education in Nigeria : beyond the rhetoric
Onuora-Oguno, Azubike (University of Pretoria, 2015)
he state of access to basic education in Nigeria has been abysmal and worrisome in recent times. Close to 10 million children are said to be out of school in Nigeria out of the over 50 million of the world’s out of school children. Several factors contribute to these non-encouraging statistics. Increasing attacks on children in school areas and the apparent rejection of the style of education make the situation of basic education in Nigeria pathetic. Despite the gloom, successive governments in Nigeria all claim to be making a substantial input into reversing the state of basic education, with all efforts appearing to be mere rhetoric. On this basis, the thesis advances the recognition of basic education as a fundamental right in Nigeria as a necessary shift from the present situation of its recognition as a mere directive objective of state principle. It examines the role that national and international laws can play in aiding the enhancement of access to quality basic education. In addition, it examines both legal and non-legal institutions that are able to assist in the quest for enhancing access to basic education. To achieve this, the thesis traces the history and philosophy of education, generally, and particularly in Nigeria. It examines the development of both law and policy from the pre-colonial, colonial and post-colonial eras. Besides the challenges of policy and law, cultural, ethical and corruption pitfalls are identified and discussed as major inhibitors of access to basic education. The thesis further analyses the budgetary challenges and argues for enhanced funding of the education sector, with the attendant political will to curb corruption. The thesis is grounded in the triad of theories, namely, the classical, deliberative and struggle theories, to advance the need for the fundamental nature of basic education and the need to keep the discourse within the judicial sphere. The theories are further grounded on the assumption, among others, that the court and strengthened institutions can aid the realisation of access to basic education. Furthermore, the thesis looks, beyond the horizon of Nigeria particularly to South Africa and India, with the aim of identifying how the judiciary and national human rights commissions have approached the issue of basic education. In discussing basic education, vulnerable groups, such as the girl child and physically-challenged child, are also examined. In conclusion, the thesis found that the law is a valid tool in the quest for eliminating challenges that have kept access to basic education in Nigeria mere rhetoric. It therefore recommends that there is a need to review the legal framework of institutions such as the Universal Basic Education Commission, the Teachers’ Registration Council of Nigeria, the National Human Rights Commission of Nigeria and the judiciary, among several other institutions. It encourages further co-operation and synergy among institutions, particularly between non-governmental organisations, represented by the Nigerian Bar Association.
The interaction between medical ethics, case law and the National Health Insurance : a discussion of the South African health care crisis
Beukes, Eunette (University of Pretoria, 2016-11)
N/A
Utilizing the WTO-TRIPS flexibilities on public health at a regional level : a critical review of the East African Community framework
Wabwire, Joshua (University of Pretoria, 2014-05)
The East African Community (EAC) states recently adopted a policy on utilising the WTO-TRIPS flexibilities on public health. The policy spells out a number of flexibilities and the minimum standards thereof to be enacted in domestic legislation. This study critically reviews this policy. In doing this, the study notes that the EAC member states, like most developing states, have very low per capita income levels. The people are too poor to afford expensive medicines. At the same time, these countries are faced with peculiar, region-specific diseases, the so-called ‘African diseases.’ Already, these diseases have been neglected by foreign pharmaceuticals reluctant to invest in developing medicines for poor markets. There are no established pharmaceuticals in the EAC states. It is against this background that this research makes an argument against the aforementioned policy. It will be demonstrated that the policy is biased towards ensuring access to medicines through price-reduction, at the expense of patent protection. This approach is inappropriate because: first, given the absence of market incentives to invest in developing medicines for African diseases, the policy will only worsen the already bad situation since it undermines the strongest alternative incentive (patent protection); and second, such a policy will not only discourage foreign pharmaceuticals further but also suppress domestic pharmaceutical activity, which is undoubtedly necessary in view of the growing neglect of African diseases by foreign pharmaceuticals.
The effect of business rescue and the section 133 moratorium on stakeholders
Ngwako, Pam-carol (University of Pretoria, 2017-10)
Direction: The business rescue proceedings kicks in with the general moratorium or stay on legal proceedings against the company or its property. Any claims against the company may only be enforced with the consent of the business rescue practitioner or the leave of the court. Research purpose: The moratorium on the rights of claimants may be open to abuse. It gives companies temporary "immunity" to actions brought by creditors which would have been due and actionable. The process may be abused by companies who are not in distress but merely institute business rescue proceedings to stall payments of its debts and to evade its obligations towards its stakeholders. The purpose of the research is to highlight rights that may be affected and possible protection of those rights. Motivation for the research: To investigate the research question: 'whether the avenues put in place by the chapter 6 business rescue proceedings can ensure that all stakeholders benefit and therefore remedy possible misuse?' Research approach and method: The study will include a minimal comparison of processes of other insolvency laws, for example judicial management; liquidation and common law. The study will also compare other international countries such as the United Kingdom ("UK") to provide clarity on how they ensure protection of the rights and duties of all stakeholders involved without compromising the business rescue proceedings. Main findings: Based on the research done, it is clear that the business rescue process is quite a litigious process and requires a lot of finance to effectively implement. The rescue itself is based on financial distress but the process of rescuing is a financial burden to the already distressed companies. Furthermore, the Business Rescue Practitioner is given discretionary powers in respect of the drafting of a plan which will ultimately affect stakeholder, whether they vote or not.
'N Kennisteoretiese besinning oor die natuurwetenskaplike denke
Oberholzer, Carel Krügel (University of Pretoria, 1936)
Abstract available on PDF
Die vryheidsgedagte in die moderne opvoedkunde : 'n histories-kritiese studie
Oberholzer, Carel Krügel (University of Pretoria, 1942)
Abstract available on PDf
Die karakterpaedagogiek van Friedrich Wilhelm Foerster
Oberholzer, Carel Krügel (University of Pretoria, 1937)
Abstract available on PDf
'N Kritiese uiteensetting van die psigiesmonisme van Gerardus Heymans
Oberholzer, Carel Krügel (University of Pretoria, 2026)
Available on PDF
Influence of dynamic sensing capabilities on firm competitiveness and mediation role of inside-in innovation
Sennanye, Lebogang Jennifer (University of Pretoria, 2025)
The aim of the study is to determine the influence dynamic sensing capabilities on Firm Competitiveness and the mediation role of Inside-In Innovation. The study is done within the context of the South African energy companies, an industry undergoing profound structural and technological shifts. Hence, the research aims to deliver actionable insights for practitioners to enable robust innovation strategies that enhance Firm Competitiveness amid rapid change in the ecosystem. Furthermore, the research anticipated to close the theoretical divide in the mechanisms underpinning dynamic capabilities. Existing archetypes of open innovation fall short of explaining dynamic capabilities - mechanisms of transforming resource advantage into competitive advantage - because they omit Inside-In Innovation. Hence, the objective is to determine mechanisms underpinning Inside-In Innovation and its integration within dynamic capabilities frameworks. Positivism paradigm deploying deductive or quantitative research approach was deployed. Existing validated survey instruments were adopted for the study targeting a minimum of 150 responses to provide meaningful analysis closer to previous studies. Ethical considerations were adhered to, and the research rigour will be determined. The study is limited by its cross-sectional nature and reliance on self-reported data from participants. The results have shown that direct relationship between Dynamic Sensing Capabilities (DSC) and Firm Competitiveness (FC) is not statistically significant, while direct relationship between Dynamic Sensing Capabilities (DSC) and Inside-In Innovation (III) is statistically supported. Furthermore, the direct relationship between Inside-In Innovation (III) and Firm Competitiveness (FC) is statistically supported; however, the effect sizes are small indicating that complementary elements of open innovation may be required to strengthen the relationship. Lastly, H4 analysis shows that indirect path (DSC → III → FC) was considered statistically supported, while the direct path (DSC → FC) was considered not statistically supported; therefore, this indicates full mediation. Therefore, Inside-In Innovation provides mechanism of transforming resource advantage into competitive advantage and deeper reflections and reconfiguration of internal resources and processes enabling innovation, in so doing, closing the current gap in open innovation archetypes failure to explain dynamic capabilities mechanism.
Role demands, constraints and choices: The impact of context and stakeholder expectations on business incubator managers’ strategic agency
Gwarega, Dambudzo (University of Pretoria, 2024)
Completing this doctorate thesis has been a challenging yet rewarding journey, and it would not have been possible without the unwavering support and encouragement of many individuals. First and foremost, I would like to express my deepest gratitude to my supervisors, Prof. Jonathan Marks and Prof. Johan Olivier. Your insightful guidance, constructive criticism, and support have been invaluable. I am also immensely grateful to the GIBS Doctorate Admin office for their support. Dr. Vivienne Spooner, Mamello Ngwenya, and Mpho Alaardt, your regular updates, follow-ups, and advice on administrative matters ensured everything ran smoothly, especially when I needed an extension of time to complete my thesis. Thank you to the participating organisations and individual research respondents for agreeing to participate in this study during the challenging COVID-19 pandemic. Your willingness to share your experiences was crucial to the success of this research. Special thanks to Dr. Gabi Nudelman, who became my academic friend abroad and encouraged me to push through the most challenging moments of data analysis. Your mantra, ""The only way out is through,"" kept me motivated and determined to go through the maze and complete the journey. I would also like to acknowledge the various doctorate cohorts for the inspiration, critique, and challenges during our work-in-progress sessions. Your intellectual camaraderie and shared experiences have been a source of strength. As the journey became lonely, I held on to the encouragement from those who graduated ahead of me and shared their stories. Your success stories have been a beacon of hope. To my wife, Josie, and our sons, Tino, TG, and Thabo, I cannot thank you enough for your understanding and holding the fort as we navigated life in a foreign land amidst my studies. Your patience, love, and support have been my anchor. To Mashudu, thank you for your invaluable assistance in typing significant portions of this thesis. Finally, to my friends and extended family who felt isolated during the study period and everyone who has been a part of this journey, your support, encouragement, and belief in me have made this achievement possible.
Lines of defence for combined assurance models: a structured literature review
Mamotheti, Sethopo (University of Pretoria, 2025)
This structured literature review (SLR) evaluates the current state of knowledge on Combined Assurance (CA) by examining and integrating findings from peer-reviewed academic journals. Its objectives are to identify topics covered in CA research, and conceptual inconsistencies or ambiguities, revealing gaps that could enhance understanding, and assessing the maturity level of CA. Topics that emerged were identification of core components of CA and the main stakeholders involved, classifications of the stakeholders within the lines of defence framework, incorporation of lines of defence into various CA models, tools used to strengthen CA, the level of CA adoption in organizations, and the advantages CA provides. The continued use of the outdated Three Lines of Defence (TLoD) model, mixed opinions on the updated Three Lines Model (TLM) of whether it is an improvement or regression, and contradicting evidence of its effectiveness in the banking sector create ambiguity and inconsistencies around CA. Slow adoption of TLM, lack of consensus on board roles as line of defence, and resistance to internal audit leading CA efforts add to ongoing uncertainties. Research gaps include limited exploration beyond TLoD/TLM, a focus mainly on South Africa, lack of study focused on failure of CA to detect corporate scandals timely, and insufficient evaluation of CA’s role in providing assurance on unethical leadership risks. Most studies focus on outward-facing aspects, such as assurance on integrated reporting (IR), while giving little attention to inward-facing or internal perspectives. Although publications are increasing, CA remains underdeveloped. The SLR provides a thorough overview, identifies key trends, highlights gaps, and suggests directions for future research on CA.

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