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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Now showing 1 - 5 of 18

Recent Submissions

Conservation and human rights: the important nexus in South Africa
(North-West University, 2024) Becker, JB; Lubbe, WD
The nexus or intersection of human rights and conservation presents a avenue for the critical addressing of the issue of human-wildlife conflict. Across the world, the regular occurrences of conflict between animals and humans are growing, resulting in a surge of injuries, death, property destruction and social disruption. In South African, the issue of human-wildlife conflict is growing exponentially, leading to several attempts to try and stem the issue, most of which have been unsuccessful. However, for far too long, the impact of this conflict on human rights had been ignored. In the realm of environmental legislation, which is an ever-developing field, there exists potential for leveraging the synergy between human rights and conservation. By integrating this nexus into legal frameworks, the nexus might prove to be the key in addressing the conflict between humans and the natural occupants of the environment.
The exclusion of adopted children from inheritance: recent developments
(North-West University, 2024) Molwantoa, O; Rautenbach, C
The study aims to discuss the position of the adopted child in relation to the law of succession in light of recent developments. It further aims to discuss how de facto and de lege adoptions according to both common law and customary law affect adopted children's right to inherit under the law of intestate succession. This study makes recommendations based on the common law, and customary law findings respectively. The Intestate Succession Act 81 of 1987, and the Reform of Customary Law of Succession and Regulation of Related Matters Act 11 of 2009 will be frequently referred to in order to determine the adopted child's position. The study found that de facto adopted children are still not considered children of the deceased. It further found that a testator's freedom of testation is not allowed to exclude adopted children. This creates a problem especially for children who have been adopted according to customary law seeing as the customary law practice of adoption is outdated and does not require a formal Court document. Alleged adoptive parents would take on the full role of care and guardianship over the alleged adopted child but when they die the child cannot inherit mainly because they are not considered a legally adopted child.
Exploring how ownership models of radiological services affect operational practices in South African private hospitals
(North-West University (South Africa)., 2026) Mabina, Joseph Thabiso; Saurombe, H.A
Radiology plays a critical role in diagnostic pathways within private hospitals in South Africa, yet limited empirical research has examined how ownership models influence operational practices in this sector. This study examined the differences between radiologist-owned practices and hospital-owned radiology departments, focusing on how each model affects workflow efficiency, decision-making autonomy, resource utilisation, quality assurance, and patient outcomes. A qualitative research design was employed, using semi-structured interviews with twelve participants representing clinical, administrative, and managerial roles across two ownership models. Data were analysed thematically, guided by Resource-Based View (RBV), Institutional Theory, and Contingency Theory. Findings revealed distinct operational performance patterns shaped by ownership transparencies. Radiologist-owned practices demonstrate agility, rapid decision implementation, and personalised patient care driven by clinician authority. However, these strengths come with limitations in capital investment, workforce resilience, and formalised compliance systems. Hospital-owned radiology departments offer stability, advanced digital integration, structured governance, and accreditation readiness; however, they often experience slower responsiveness and reduced frontline operational autonomy due to bureaucratic processes. The study concluded that no ownership model is universally superior; instead, each is optimal under specific environmental demands. Radiologist-owned agility suits are suitable for lower-volume and semi-rural contexts, while hospital-owned standardisation supports high-volume, regulated environments. Practical recommendations are proposed for radiology leaders, investors, and policymakers, emphasising hybrid strategies that combine clinical agility with organisational system support, particularly in preparation for the National Health Insurance (NHI) transformation in South Africa. The research contributes new operational insights to the limited literature on radiology ownership models and underscores the need for strategic alignment between ownership, organisational capabilities, and service context.
The United Nations' recognition of climate refugees: a call for the reform of refugee law
(North-West University, 2024) Louw-Nel, L; Lubbe, HJ
Throughout history, people have been known to migrate internationally or nationally, voluntarily or compulsorily, temporarily or permanently, and regularly or irregularly for several political, social and economic reasons. There have always been several additional factors such as age and gender that have been known to influence movement. However, over the years the patterns and nature of migration has changed and in recent times the international community has been confronted by cross-border migration driven by the negative environmental effects caused by climate change. The increase in gas emissions have resulted in the earth's temperature increasing, with dire consequences for the environment. As these conditions and the events exacerbated, they affected the habitability of states and the human rights of communities, forcing people to abandon their homes in search of assistance and protection. In the event that people move internally in these circumstances, they are protected by law. However, in the event that climate induced displacement is external, there is no corresponding framework that provides for the recognition and protection of these people. This leaves them vulnerable to human rights violations. This was practically illustrated by the matter of a Kiribati citizen who fled the island that is slowly disappearing due to rising sea levels to apply to New Zealand for refugee status. Based on the international and domestic requirements for qualification as a refugee, NZ denied his application and found that he did not fulfil the necessary requirements. The matter was appealed and was eventually heard by the United Nations Human Rights Committee, who found that the conditions on the island did threaten the human rights of the applicant, more specifically the right to life. As a result, it was found that his return would violate the non-refoulement principle. With this, they recognised the existence of the category of climate refugees for the first time. With this in mind, this study sought to determine whether the existing international, African regional and South African refugee law frameworks are sufficient to protect climate refugees or whether reform is required. In order to do so, this study identified these three legal frameworks and presented an in-depth analysis of its historical context and more specifically the elements of the definition of a refugee as provided for in law. The study further evaluated the application of these elements to climate refugees. It then arrives at an explanation of the term climate change and a practical illustration of the negative effect it has on the environment. The premise of this study is that climate change is a reality and that it results in the external displacement of people. Therefore, these people need international recognition and protection. Their recognition as refugees is indicative of the seriousness of the matter. Against this background, the study finds that the existing refugee law frameworks are not sufficient to realise the rights of climate refugees as each framework presents its own weaknesses and shortcomings. This includes other types of frameworks such as human rights law, regional agreements, environmental law and soft-law measures. Furthermore, it includes the extension of existing frameworks by adopting protocols. The study proposes the formation and adoption of a unique treaty that can provide for the international recognition and protection of climate refugees, and which is strengthened by the implementation of local and regional measures. It is suggested that the framework incorporates a proper and comprehensive definition of a climate refugee and that it provides for the implementation of measures such as acceptance, assistance, responsibility, adaptation, prevention and relocation. The study makes a contribution in that it identifies a gap in the existing refugee law frameworks and it investigates the numerous solutions that have been proposed. This culminates in certain recommendations that may investigated in more depth in the future.
Onshore unconventional natural gas in South Africa: regulating the waterenergy-food nexus
(North-West University, 2024) Coetzee, JH; Kotzé, LJ; du Plessis, W; Verschuuren, JM
Energy security is an acute issue in South Africa. The South African government's interest in onshore unconventional natural gas (shale gas) as an additional or alternative energy source remain resolute. While numerous studies have provided progress in a better understanding of the numerous environmental impacts associated with onshore unconventional natural gas development (UGD), not many studies make use of a systems-based approach, such as a socio-ecological systems approach to make linkages between (i) human (social) and ecological systems and (ii) water, energy and food more explicit. The original contribution of this thesis lies in its use of a mixed methodology of performing the necessary research. The approach consists of employing both legal research methodology and qualitative empirical research methodology towards analysing the extent to which the South African regulatory framework on UGD follow a WEF nexus approach. Three empirical studies that straddle the WEF nexus and UGD illustrate how trade-offs take place at local community level and the extent of integrated decision making. The value of the three empirical studies lies in the context specific data and results. While context matters greatly, within UGD and the WEF nexus, a number of comparable findings could be made. Since the WEF nexus approach requires integrated and coordinated governance arrangements, more qualitative studies on UGD are required to focus on this critical aspect.