DSpace Repository

Welcome to the NWU Repository, the open access Institutional Repository of the North-West University (NWU-IR). This is a digital archive that collects, preserves and distributes research material created by members of NWU. The aim of the NWU-IR is to increase the visibility, availability and impact of the research output of the North-West University through Open Access, search engine indexing and harvesting by several initiatives.

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(North West University, 2024-08-20) Msindisi
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Employer liability for sexual harassment committed against employees in the workplace
(North-West University (South Africa)., 2024) Surjoo, Sholeen; Kola, S.M
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The constitutionality of the non-recognition of polyandry in the Recognition of Customary Marriages Act 120 of 1998
(North-West University (South Africa)., 2024) Moniatse, Mpho; Raboshakga, N.I
Currently, the Recognition of Customary Marriages Act 120 of 1998 (hereafter the RCMA) recognises the practice of polygyny, wherein a man marries more than one wife, but does not recognise polyandry, wherein a woman marries more than one spouse. Therefore, the constitutionality of the non-recognition of the practice of polyandry in the RCMA is questionable as it may be inconsistent with the Constitution of the Republic of South Africa, 1996 (hereafter the Constitution). Therefore, this study purports to critically analyse the constitutionality of the non-recognition of polyandrous marriages in the RCMA. This said analysis is conducted through the application of the doctrinal method of research. The dissertation is divided into five parts. The first part consists of a background and a general introduction to the study. The second part contains a discussion of the general historical background of African customary law and its treatment, and how that impacted the practice of polygamy, including polyandry. The third part offers a discussion specifically on the exclusion of polyandry in the current law that regulates marriages in South Africa. The fourth part critically analyses the constitutionality of the non-recognition of polyandry in RCMA and the implication thereof on African women who wish to enter into legally recognised polyandrous marriages as part of their customs. The last part draws a general conclusion and further provides recommendations to address the research question and aim. The study demonstrated that although sections 2(3) and 2(4) of the RCMA in which polygamy is couched in gender-neutral language, they do not permit wives to have more than one husband/spouse at the same time.1 The wife may not take another spouse (man or woman) during the subsistence of her first marriage in a way that such subsequent marriage(s) will be legally recognised as valid under the RCMA. Based on the overall analysis, it is concluded that the non-recognition of polyandry in RCMA is unconstitutional insofar as it is discriminatory against African women and infringes 1When considering the RCMA in totality, it is more discriminating. Just like many authors, the RCMA seem to use a term polygamy in s 2(3) and (4) when referring to polygyny. This was not the oversight but the intention of the drafters of the RCMA. For instance, ss 7(1)(b)(ii) ss 7(4)(b), 7(5), 7(6) and 8(4)(b) of the RCMA are expressly couched in gender discriminate terms. their rights, including the right to equality, the right to culture, and the right to human dignity. Based on this conclusion, it is recommended that the RCMA needs to be reformed or amended to recognise the cultural practice of polyandry.
Promoting gender equality in the workplace: A quest for paternity leave in South Africa
(North-West University (South Africa)., 2024) Vimoni, Moreblessings; Ndou, M.M
The history of South Africa is characterised by gender stereotypes and inequalities that have influenced the development of laws. Migrant labour systems which always place fathers away from their families and caregiving responsibilities have contributed to the perception that regards fathers as breadwinners and mothers as caregivers. This follows that fathers were forced to prioritise their careers over their family and parental responsibilities. These views fail to take into account the changing dynamics of modern families where both parents actively participate in the labour markets. Consequently, to date, there has not been any statute that expressly regulates paternity leave rights in South Africa. This research is premised on the submission that the lack of paternity leave rights under the South African labour laws is inconsistent with the rights to equality and dignity provided under the Constitution. Notwithstanding that section 25A Basic Conditions of Employment Act makes provision for a ten-day parental leave which can be claimed by fathers at the birth of their child, this research argues that ten days is too short a period for a parent to bond with their children. This submission is cemented on the views that a father’s presence in their child’s life for the first 1000 days has far-reaching effects on the development of the child. Accordingly, the researcher hopes that the recommendations made in this research can be used by policymakers to promote the recognition and regulation of paternity leave rights in South Africa.
The extent of the Cybercrimes Act 19 of 2020 in addressing and combatting cybercrime
(North-West University (South Africa)., 2024) Pyper, Roselle; Erlank, W
Considering the immense impact and effect of the 4th Industrial Revolution on modern technology, is it no surprise to remark that new and advanced challenges are faced daily by various countries, information and communication technologies, and internet service providers. These challenges have established an international movement between various countries and their governments regarding cybercrime and cyber-attacks. Although cybercrime is still considered a new crime, the crime appears to be evolving at a rapid pace and countries seem to neglect the procedure of adopting or developing cybercrime frameworks to appropriately address and combat the crime. South Africa is the first African country to develop and implement the Cybercrimes Act 19 of 2020. The development and implementation procedures of the Cybercrimes Act was considered quite complex and extensive especially regarding the impact and effect of the previous pieces of cybercrime legislation in South Africa. A comprehensive overview of the position of cybercrime in South Africa will be discussed.