South African labour law and conflict resolution: towards a theoretical critique
- Authors: Jooste, Nico
- Date: 2016
- Subjects: Labor disputes -- South Africa , Conflict management -- South Africa , Mediation -- South Africa , Labor laws and legislation -- South Africa
- Language: English
- Type: Thesis , Masters , MPhil
- Identifier: http://hdl.handle.net/10948/7417 , vital:21357
- Description: The intention of this treatise is to reflect on the concept, as well as on the theory, of conflict resolution and to investigate whether the mechanisms of true conflict resolution are afforded within the structures and instruments provided for by the South African Labour Relations Act (66 of 1995). The Act aims to give effect to one of its primary purpose of advancing labour peace by attempting to promote the effective resolution of labour disputes through a very sophisticated system of dispute resolution. What is of great significance is that The Commission for Conciliation, Mediation and Arbitration (CCMA) has been experiencing an increasingly high rate of disputes referred to it since its inception in 1996. In my review I established that the dispute resolution system is a construction of rules and statutes which concentrates on rights, rather than on conflict management. However, rights only imperfectly reflect basic human needs, which continue to dominate human behaviour mechanisms that indeed facilitate processes and guidelines of resolving labour disputes, but fail to acknowledge and make provision for the resolution of a latent or manifest conflict. The instruments afforded by the Labour Relations Act (66 of 1995) fail to explore and entertain the needs most relevant and significant to the perception of social conflicts such as security, identity, personal development and recognition as suggested by conflict theorists and scholars. It also fails to acknowledge that parties to a dispute undergo psychological changes that could flow over to community changes and group dynamics as the parties become polarised and become more contentious as the conflict escalates. My review gave more substance to my original assumption that the current South African labour dispute resolution system does not harmonize itself with its own objective of promoting true labour peace.
- Full Text:
- Date Issued: 2016
- Authors: Jooste, Nico
- Date: 2016
- Subjects: Labor disputes -- South Africa , Conflict management -- South Africa , Mediation -- South Africa , Labor laws and legislation -- South Africa
- Language: English
- Type: Thesis , Masters , MPhil
- Identifier: http://hdl.handle.net/10948/7417 , vital:21357
- Description: The intention of this treatise is to reflect on the concept, as well as on the theory, of conflict resolution and to investigate whether the mechanisms of true conflict resolution are afforded within the structures and instruments provided for by the South African Labour Relations Act (66 of 1995). The Act aims to give effect to one of its primary purpose of advancing labour peace by attempting to promote the effective resolution of labour disputes through a very sophisticated system of dispute resolution. What is of great significance is that The Commission for Conciliation, Mediation and Arbitration (CCMA) has been experiencing an increasingly high rate of disputes referred to it since its inception in 1996. In my review I established that the dispute resolution system is a construction of rules and statutes which concentrates on rights, rather than on conflict management. However, rights only imperfectly reflect basic human needs, which continue to dominate human behaviour mechanisms that indeed facilitate processes and guidelines of resolving labour disputes, but fail to acknowledge and make provision for the resolution of a latent or manifest conflict. The instruments afforded by the Labour Relations Act (66 of 1995) fail to explore and entertain the needs most relevant and significant to the perception of social conflicts such as security, identity, personal development and recognition as suggested by conflict theorists and scholars. It also fails to acknowledge that parties to a dispute undergo psychological changes that could flow over to community changes and group dynamics as the parties become polarised and become more contentious as the conflict escalates. My review gave more substance to my original assumption that the current South African labour dispute resolution system does not harmonize itself with its own objective of promoting true labour peace.
- Full Text:
- Date Issued: 2016
Study South Africa
- International Education Association of South Africa (IEASA), Jooste, Nico
- Authors: International Education Association of South Africa (IEASA) , Jooste, Nico
- Date: 2016
- Subjects: Education, Higher -- South Africa , Universities and colleges -- South Africa , Technical Institutes -- South Africa , Vocational guidance -- South Africa
- Language: English
- Type: text , book
- Identifier: http://hdl.handle.net/10962/64838 , vital:28614 , ISBN 9780620733601
- Description: [Editor's Letter]: Study South Africa over time provided an annual overview of the South African Higher Education landscape as well as a forecast of some of the issues that could influence higher education in general and higher education internationalization in particular in South Africa for the year ahead. The 2016/17 issue being the 16th edition of Study South Africa provides an overview of the sector and a short description of all South African Public Higher Education institutions. This year, the Study SA Guide provides information about the system as well as articles that begin to address critical issues influencing the sector. It is foreseen that this would become a general feature in editions to come. The article that introduces a fundamental change in operations of South African Universities, beginning in 2016 and continuing into 2016 is the issue of the student protests on high tuition fees in South Africa. The #FEESMUSFALL movement introduced a topic that is fundamental to the internationalization of South African Higher Education. This event that began as a reaction to the increase in student fees for the 2016 academic year mutated into a social movement on university campuses throughout South Africa that challenged the way Universities function. Although not a mass based movement, but rather a movement driven by a desire to change the current social order in South Africa by a radical fringe, its focus is to use the plight of insufficient funding within South African Higher Education and in particular, focusing on funding of the poor. For a large part the issues raised by students is not in the domain of Higher Education, but a competency of Government and broader society. The influence of the constant disruption of academic activities on all South African University campuses resulted in a tendency to be an inwardly focused system where most of the energy is spent on local issues. South African Higher Education is known for its international connectedness and the way the international world accepted it into their fold as a critical player in a variety of fields, bringing a different voice to global debates. The hosting of Going Global by the British Council in May 2016 in Cape Town and the hosting of the Global Conference in August 2016 by IEASA in the Kruger National Park clearly demonstrated that South African Higher Education is globally an important player. The current situation in South Africa should be seen by the outside world as a process of internal re-evaluation. It is also a struggle to bring together the global and the local. It is a process that is currently driven by South African Higher Education institutions. Although the issues that triggered the revolt is local, the roots are global and our solution to the problem could become a guide to global higher education. It is thus necessary that all the partners of the South African system believe in South Africa as the carrier of goodwill and a message that is worth listening to. It is also necessary to rather engage with South African Universities to understand the issues and not to abandon them at this critical stage. This issue of Study South Africa should remain the connector with the global higher education system and the information provided will hopefully assist all those interested in keeping and building on this connection. , 16th Edition
- Full Text:
- Date Issued: 2016
- Authors: International Education Association of South Africa (IEASA) , Jooste, Nico
- Date: 2016
- Subjects: Education, Higher -- South Africa , Universities and colleges -- South Africa , Technical Institutes -- South Africa , Vocational guidance -- South Africa
- Language: English
- Type: text , book
- Identifier: http://hdl.handle.net/10962/64838 , vital:28614 , ISBN 9780620733601
- Description: [Editor's Letter]: Study South Africa over time provided an annual overview of the South African Higher Education landscape as well as a forecast of some of the issues that could influence higher education in general and higher education internationalization in particular in South Africa for the year ahead. The 2016/17 issue being the 16th edition of Study South Africa provides an overview of the sector and a short description of all South African Public Higher Education institutions. This year, the Study SA Guide provides information about the system as well as articles that begin to address critical issues influencing the sector. It is foreseen that this would become a general feature in editions to come. The article that introduces a fundamental change in operations of South African Universities, beginning in 2016 and continuing into 2016 is the issue of the student protests on high tuition fees in South Africa. The #FEESMUSFALL movement introduced a topic that is fundamental to the internationalization of South African Higher Education. This event that began as a reaction to the increase in student fees for the 2016 academic year mutated into a social movement on university campuses throughout South Africa that challenged the way Universities function. Although not a mass based movement, but rather a movement driven by a desire to change the current social order in South Africa by a radical fringe, its focus is to use the plight of insufficient funding within South African Higher Education and in particular, focusing on funding of the poor. For a large part the issues raised by students is not in the domain of Higher Education, but a competency of Government and broader society. The influence of the constant disruption of academic activities on all South African University campuses resulted in a tendency to be an inwardly focused system where most of the energy is spent on local issues. South African Higher Education is known for its international connectedness and the way the international world accepted it into their fold as a critical player in a variety of fields, bringing a different voice to global debates. The hosting of Going Global by the British Council in May 2016 in Cape Town and the hosting of the Global Conference in August 2016 by IEASA in the Kruger National Park clearly demonstrated that South African Higher Education is globally an important player. The current situation in South Africa should be seen by the outside world as a process of internal re-evaluation. It is also a struggle to bring together the global and the local. It is a process that is currently driven by South African Higher Education institutions. Although the issues that triggered the revolt is local, the roots are global and our solution to the problem could become a guide to global higher education. It is thus necessary that all the partners of the South African system believe in South Africa as the carrier of goodwill and a message that is worth listening to. It is also necessary to rather engage with South African Universities to understand the issues and not to abandon them at this critical stage. This issue of Study South Africa should remain the connector with the global higher education system and the information provided will hopefully assist all those interested in keeping and building on this connection. , 16th Edition
- Full Text:
- Date Issued: 2016
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