3. Electronic Theses and Dissertations (ETDs) - All submissions

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    Amicus curiae participation, gender equality and the South African Constitutional Court
    (2014-08-14) Spies, Amanda
    This study is interested in questions of law and social change, with a particular focus on how litigation can be used strategically to change the law to benefit women. Given law’s patriarchal nature, feminist litigators have often asked questions about whether, and how the law can be used to reflect women’s experience and to improve women’s lives. In this sense, the feminist project in law considers how feminist theory and methodology can be used in constructing legal arguments that seek the improvement of women’s rights and gender equality. The focal point of this study is amicus curiae participation and how this participation is employed by means of feminist litigation strategy so that it enhances rights-claiming and advances gender equality for women within the court system. I examine the way in which amicus curiae participation promotes litigation from a feminist and gendered viewpoint and validates the employment of feminist method to create effective arguments. The main body of the dissertation is dedicated to a case analysis of the Constitutional Court’s core gender jurisprudence and the amici curiae that have participated in these matters. The case discussions are divided into three categories: violence against women, women as part of cultural communities, and specific areas of vulnerability including prostitution and domestic partnerships (between heterosexual couples). The purpose of this analysis is to establish whether the amici curiae that have participated in these matters were able to influence judicial decisions, and how the amici used litigation to communicate a feminist and gendered viewpoint. The study concludes that, whether the relevant amici curiae participation had a direct or indirect impact on judicial decisions or not, its importance lies in engaging the law from a feminist and gendered viewpoint to create awareness of gender inequality, how this inequality is entrenched in the legal system and how it might be remedied.
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    Exploring a group of African male students' talk on gender equality.
    (2010-03-02T07:53:50Z) Mdanda, Sanele N. I.
    This research investigated the manner in which a group of African male students perceive and construct gender equality in the work place. A sample of 19 African male students within the University of Witwatersrand student population was used. The participants were aged between 19 and 30 years. This specific age range was chosen on the grounds that most students in this age range would have already formed specific views regarding gender equality. Individual and focus group interviews were the main methods of data collection; both types of interviews were conducted with this varied sample of African male students. The study was qualitative in nature and it employed thematic content analysis as a method of data analysis. Key themes were identified and discussed.The results indicated the contradictory nature of how men understand and accept equality. This was evident in how men tried to curb and undermine the empowerment of women in a manner that helped to advance the agenda of men. The participants used a varied number of strategies to try and argue for male power and control. These strategies were utilised as deemed contextually relevant by the men. This was especially relevant in how men were seen to negotiate their roles within the workplace in a manner that would align or help them be seen to be in favour of equal opportunities in the workplace yet in private and within their homes they were seemingly against the whole notion altogether.
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    An exploration of women's groups as a tool of empowerment for Muslim women in South Africa.
    (2009-02-13T07:34:02Z) Hassem, Zarina
    This study examines the role women’s groups play in the lives of 10 Muslim women in South Africa. A qualitative methodology was employed to gain information from two women’s groups in Johannesburg. An open-ended questionnaire, focus groups, and individual interviews were used to elicit information. The data were initially analysed using a computer-based content analysis programme (Atlas-ti), to identify a priori and emergent themes and categories in the data. These themes and categories were then used as the basis for a qualitative interpretive analysis, focused in particular on issues of empowerment with respect to psychological, community, economic, intellectual and political empowerment, and more specifically on gender equality. The study would thus suggest that while these groups do have many positive outcomes, the issues dealt with in women’s groups cannot be isolated from the broader social context in which Muslim women live. While the processes of empowerment appear to have begun in areas of psychological, community, intellectual, economic and political empowerment in this sample of women, empowerment with respect to gender equality still seems far off.
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    Gender employment practices amongst small and medium scale enterprises: A comparitive study of different industries in Gauteng
    (2006-10-30T13:02:21Z) Onukogu, Chioma
    The study investigated gender employment practices and conditions of work among small and medium scale enterprises (SMEs) in Gauteng Province of South Africa. A comparison of the practices and conditions between productive and service industries is clearly the major focus of the research. Interviews were conducted on two productive and two service industries (all private) situated in Benoni and Johannesburg respectively. The research found that generally, SMEs, in the productive and the service sectors contribute to job creation. Evidence shows that women are going into previously male dominated jobs like electrical and mechanical jobs, but the movement is quite minimal. This is a sign of progress on the part of women and a shift from the traditional belief that certain jobs are exclusively meant for men. The study found a salient discrepancy between the rhetoric of gender equality and the practice of gender equality in all the industries. There are clear signs that the legislation on minimum conditions of employment is followed in the productive industries than in the service industries but both still stick to the traditional gender division of labour.
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