The horizontal application of the environmental right to juristic persons at sea
- Authors: Maseka, Ntemesha Mliwa
- Date: 2024-04
- Subjects: Economic zones (Law of the sea) , Law of the sea , Criminal liability of juristic persons -- South Africa , Environmental Law , Territorial waters
- Language: English
- Type: Doctoral theses , text
- Identifier: http://hdl.handle.net/10948/65739 , vital:74233
- Description: Due to its vast resources, the ocean has been designated the new “economic frontier”. States are focusing on unlocking this potential to boost economic growth, employment and innovation. Because of their substantial resources, corporations are key actors in driving the development of the ocean economy. Although corporations undeniably contribute significantly to realising the ocean economy’s potential, their main activities—including offshore oil and gas exploration and production and fishing—pose great threats to marine ecosystems. This harm to the marine environment may also threaten and adversely impact many people’s lives, health, well-being, livelihood, culture and traditions. In the South African context, this reality is notably seen through Operation Phakisa. This government initiative aims to unlock the economic potential of the ocean economy to expedite the implementation of solutions to poverty, unemployment and inequality. This race to utilise the oceans and its resources brings to the fore the interaction between the right to have the environment protected and socio-economic development anticipated in section 24 of the South African Constitution. The South African Constitution through section 8(2) acknowledges that non-State actors such as corporations can abuse human rights in horizontal relationships. However, unlike the State, non-State actors are only bound in certain circumstances. Therefore, this thesis examines whether and, if so, to what extent section 24 of the Constitution binds juristic persons at sea. This thesis examines the direct application of international norms to non-State actors to determine how international human rights law addresses non-State actors' conduct that impairs an individual’s guaranteed rights. It was determined that international human rights law has an indirect horizontal effect. This means that in cases where a non-State actor impairs an individual’s human rights, international law permits the victim to hold the State responsible for the violation rather than the non-State actor who was the perpetrator. For a non-State actor to incur direct obligations to uphold certain human rights, the State must create these obligations in its domestic law. The thesis explored how the South African Bill of Rights imposes direct human rights obligations on non-State actors in a horizontal dispute. It was found that whether an entrenched right binds a non-State actor depends on a multi-factor enquiry confirmed by the Constitutional Court. Based on that enquiry, it concluded that the environmental right is capable of and suitable for horizontal application. Furthermore, non-State actors can bear positive and negative constitutional human rights obligations arising from the environmental right. A failure to comply with these obligations would violate this constitutional right. The most significant findings of this thesis pertain to the applicability of South Africa’s human rights law framework at sea. This is because the legal regime applicable at sea differs from that on land. The United Nations Convention on the Law of the Sea assigns jurisdiction to States in the different maritime zones for different purposes. To elucidate South Africa's rights and obligations as delineated in the LOSC, the thesis focused on two examples: the exploitation of marine living resources and the prospection, exploration and exploitation of marine non-living resources. Subsequently, the extent to which South Africa has taken measures in its domestic law to implement those rights and duties was assessed. In addition, this approach was appropriate because questions concerning the horizontal application of the South African Bill of Rights necessitate contextual analysis and cannot be answered a priori and in the abstract. Using the multi-factor enquiry, the study showed that, in principle, section 24 of the Constitution might bind juristic persons within South Africa’s territorial jurisdiction, exclusive economic zone jurisdiction, continental shelf jurisdiction and under South Africa’s personal jurisdiction. Furthermore, juristic persons who control vessels registered in South Africa or control a vessel entitled to be registered in South Africa but has departed to a place outside South Africa without being registered might also be constitutionally bound based on flag State jurisdiction. The sole means of preventing South Africa from exercising its authority this way requires severing the jurisdictional connection between South Africa and the juristic person. It was recommended that in ocean-related matters, the connecting factor between South Africa and the juristic person must be considered as an additional factor in the enquiry to determine whether a particular right binds that juristic person. Additionally, since the scope of corresponding rights-holders are “everyone”, even people outside South Africa present in places where the juristic person who is the corresponding duty-bearer operates or where their conduct is felt can hold these actors accountable for their constitutional human rights obligations. , Thesis (LLD) -- Faculty of Law, Department of Public Law, 2024
- Full Text:
- Date Issued: 2024-04
- Authors: Maseka, Ntemesha Mliwa
- Date: 2024-04
- Subjects: Economic zones (Law of the sea) , Law of the sea , Criminal liability of juristic persons -- South Africa , Environmental Law , Territorial waters
- Language: English
- Type: Doctoral theses , text
- Identifier: http://hdl.handle.net/10948/65739 , vital:74233
- Description: Due to its vast resources, the ocean has been designated the new “economic frontier”. States are focusing on unlocking this potential to boost economic growth, employment and innovation. Because of their substantial resources, corporations are key actors in driving the development of the ocean economy. Although corporations undeniably contribute significantly to realising the ocean economy’s potential, their main activities—including offshore oil and gas exploration and production and fishing—pose great threats to marine ecosystems. This harm to the marine environment may also threaten and adversely impact many people’s lives, health, well-being, livelihood, culture and traditions. In the South African context, this reality is notably seen through Operation Phakisa. This government initiative aims to unlock the economic potential of the ocean economy to expedite the implementation of solutions to poverty, unemployment and inequality. This race to utilise the oceans and its resources brings to the fore the interaction between the right to have the environment protected and socio-economic development anticipated in section 24 of the South African Constitution. The South African Constitution through section 8(2) acknowledges that non-State actors such as corporations can abuse human rights in horizontal relationships. However, unlike the State, non-State actors are only bound in certain circumstances. Therefore, this thesis examines whether and, if so, to what extent section 24 of the Constitution binds juristic persons at sea. This thesis examines the direct application of international norms to non-State actors to determine how international human rights law addresses non-State actors' conduct that impairs an individual’s guaranteed rights. It was determined that international human rights law has an indirect horizontal effect. This means that in cases where a non-State actor impairs an individual’s human rights, international law permits the victim to hold the State responsible for the violation rather than the non-State actor who was the perpetrator. For a non-State actor to incur direct obligations to uphold certain human rights, the State must create these obligations in its domestic law. The thesis explored how the South African Bill of Rights imposes direct human rights obligations on non-State actors in a horizontal dispute. It was found that whether an entrenched right binds a non-State actor depends on a multi-factor enquiry confirmed by the Constitutional Court. Based on that enquiry, it concluded that the environmental right is capable of and suitable for horizontal application. Furthermore, non-State actors can bear positive and negative constitutional human rights obligations arising from the environmental right. A failure to comply with these obligations would violate this constitutional right. The most significant findings of this thesis pertain to the applicability of South Africa’s human rights law framework at sea. This is because the legal regime applicable at sea differs from that on land. The United Nations Convention on the Law of the Sea assigns jurisdiction to States in the different maritime zones for different purposes. To elucidate South Africa's rights and obligations as delineated in the LOSC, the thesis focused on two examples: the exploitation of marine living resources and the prospection, exploration and exploitation of marine non-living resources. Subsequently, the extent to which South Africa has taken measures in its domestic law to implement those rights and duties was assessed. In addition, this approach was appropriate because questions concerning the horizontal application of the South African Bill of Rights necessitate contextual analysis and cannot be answered a priori and in the abstract. Using the multi-factor enquiry, the study showed that, in principle, section 24 of the Constitution might bind juristic persons within South Africa’s territorial jurisdiction, exclusive economic zone jurisdiction, continental shelf jurisdiction and under South Africa’s personal jurisdiction. Furthermore, juristic persons who control vessels registered in South Africa or control a vessel entitled to be registered in South Africa but has departed to a place outside South Africa without being registered might also be constitutionally bound based on flag State jurisdiction. The sole means of preventing South Africa from exercising its authority this way requires severing the jurisdictional connection between South Africa and the juristic person. It was recommended that in ocean-related matters, the connecting factor between South Africa and the juristic person must be considered as an additional factor in the enquiry to determine whether a particular right binds that juristic person. Additionally, since the scope of corresponding rights-holders are “everyone”, even people outside South Africa present in places where the juristic person who is the corresponding duty-bearer operates or where their conduct is felt can hold these actors accountable for their constitutional human rights obligations. , Thesis (LLD) -- Faculty of Law, Department of Public Law, 2024
- Full Text:
- Date Issued: 2024-04
The horizontal application of the environmental right to Juristic persons at sea
- Authors: Maseka, Ntemesha Mwila
- Date: 2024-04
- Subjects: Environmental law--South Africa , Marine Living Resources Act , Marine environment
- Language: English
- Type: Doctorial theses , text
- Identifier: http://hdl.handle.net/10948/66098 , vital:74350
- Description: Due to its vast resources, the ocean has been designated the new “economic frontier”. States are focusing on unlocking this potential to boost economic growth, employment and innovation. Because of their substantial resources, corporations are key actors in driving the development of the ocean economy. Although corporations undeniably contribute significantly to realising the ocean economy’s potential, their main activities—including offshore oil and gas exploration and production and fishing—pose great threats to marine ecosystems. This harm to the marine environment may also threaten and adversely impact many people’s lives, health, well-being, livelihood, culture and traditions. In the South African context, this reality is notably seen through Operation Phakisa. This government initiative aims to unlock the economic potential of the ocean economy to expedite the implementation of solutions to poverty, unemployment and inequality. This race to utilise the oceans and its resources brings to the fore the interaction between the right to have the environment protected and socio-economic development anticipated in section 24 of the South African Constitution. The South African Constitution through section 8(2) acknowledges that non-State actors such as corporations can abuse human rights in horizontal relationships. However, unlike the State, non-State actors are only bound in certain circumstances. Therefore, this thesis examines whether and, if so, to what extent section 24 of the Constitution binds juristic persons at sea. This thesis examines the direct application of international norms to non-State actors to determine how international human rights law addresses non-State actors' conduct that impairs an individual’s guaranteed rights. It was determined that international human rights law has an indirect horizontal effect. This means that in cases where a non-State actor impairs an individual’s human rights, international law permits the victim to hold the State responsible for the violation rather than the non-State actor who was the perpetrator. For a non-State actor to incur direct obligations to uphold certain human rights, the State must create these obligations in its domestic law. The thesis explored how the South African Bill of Rights imposes direct human rights obligations on non-State actors in a horizontal dispute. It was found that whether an entrenched right binds a non-State actor depends on a multi-factor enquiry confirmed by the Constitutional Court. Based on that enquiry, it concluded that the environmental right is capable of and suitable for horizontal application. Furthermore, non-State actors can bear positive and negative constitutional human rights obligations arising from the environmental right. A failure to comply with these obligations would violate this constitutional right. The most significant findings of this thesis pertain to the applicability of South Africa’s human rights law framework at sea. This is because the legal regime applicable at sea differs from that on land. The United Nations Convention on the Law of the Sea assigns jurisdiction to States in the different maritime zones for different purposes. To elucidate South Africa's rights and obligations as delineated in the LOSC, the thesis focused on two examples: the exploitation of marine living resources and the prospection, exploration, and exploitation of marine non-living resources. Subsequently, the extent to which South Africa has taken measures in its domestic law to implement those rights and duties was assessed. In addition, this approach was appropriate because questions concerning the horizontal application of the South African Bill of Rights necessitate contextual analysis and cannot be answered a priori and in the abstract. Using the multi-factor enquiry, the study showed that, in principle, section 24 of the Constitution might bind juristic persons within South Africa’s territorial jurisdiction, exclusive economic zone jurisdiction, continental shelf jurisdiction and under South Africa’s personal jurisdiction. Furthermore, juristic persons who control vessels registered in South Africa or control a vessel entitled to be registered in South Africa but has departed to a place outside South Africa without being registered might also be constitutionally bound based on flag State jurisdiction. The sole means of preventing South Africa from exercising its authority this way requires severing the jurisdictional connection between South Africa and the juristic person. It was recommended that in ocean-related matters, the connecting factor between South Africa and the juristic person must be considered as an additional factor in the enquiry to determine whether a particular right binds that juristic person. Additionally, since the scope of corresponding rights-holders are “everyone”, even people outside South Africa present in places where the juristic person who is the corresponding duty- bearer operates or where their conduct is felt can hold these actors accountable for their constitutional human rights obligations. , Thesis (LLD) -- Faculty of Law, 2024
- Full Text:
- Date Issued: 2024-04
- Authors: Maseka, Ntemesha Mwila
- Date: 2024-04
- Subjects: Environmental law--South Africa , Marine Living Resources Act , Marine environment
- Language: English
- Type: Doctorial theses , text
- Identifier: http://hdl.handle.net/10948/66098 , vital:74350
- Description: Due to its vast resources, the ocean has been designated the new “economic frontier”. States are focusing on unlocking this potential to boost economic growth, employment and innovation. Because of their substantial resources, corporations are key actors in driving the development of the ocean economy. Although corporations undeniably contribute significantly to realising the ocean economy’s potential, their main activities—including offshore oil and gas exploration and production and fishing—pose great threats to marine ecosystems. This harm to the marine environment may also threaten and adversely impact many people’s lives, health, well-being, livelihood, culture and traditions. In the South African context, this reality is notably seen through Operation Phakisa. This government initiative aims to unlock the economic potential of the ocean economy to expedite the implementation of solutions to poverty, unemployment and inequality. This race to utilise the oceans and its resources brings to the fore the interaction between the right to have the environment protected and socio-economic development anticipated in section 24 of the South African Constitution. The South African Constitution through section 8(2) acknowledges that non-State actors such as corporations can abuse human rights in horizontal relationships. However, unlike the State, non-State actors are only bound in certain circumstances. Therefore, this thesis examines whether and, if so, to what extent section 24 of the Constitution binds juristic persons at sea. This thesis examines the direct application of international norms to non-State actors to determine how international human rights law addresses non-State actors' conduct that impairs an individual’s guaranteed rights. It was determined that international human rights law has an indirect horizontal effect. This means that in cases where a non-State actor impairs an individual’s human rights, international law permits the victim to hold the State responsible for the violation rather than the non-State actor who was the perpetrator. For a non-State actor to incur direct obligations to uphold certain human rights, the State must create these obligations in its domestic law. The thesis explored how the South African Bill of Rights imposes direct human rights obligations on non-State actors in a horizontal dispute. It was found that whether an entrenched right binds a non-State actor depends on a multi-factor enquiry confirmed by the Constitutional Court. Based on that enquiry, it concluded that the environmental right is capable of and suitable for horizontal application. Furthermore, non-State actors can bear positive and negative constitutional human rights obligations arising from the environmental right. A failure to comply with these obligations would violate this constitutional right. The most significant findings of this thesis pertain to the applicability of South Africa’s human rights law framework at sea. This is because the legal regime applicable at sea differs from that on land. The United Nations Convention on the Law of the Sea assigns jurisdiction to States in the different maritime zones for different purposes. To elucidate South Africa's rights and obligations as delineated in the LOSC, the thesis focused on two examples: the exploitation of marine living resources and the prospection, exploration, and exploitation of marine non-living resources. Subsequently, the extent to which South Africa has taken measures in its domestic law to implement those rights and duties was assessed. In addition, this approach was appropriate because questions concerning the horizontal application of the South African Bill of Rights necessitate contextual analysis and cannot be answered a priori and in the abstract. Using the multi-factor enquiry, the study showed that, in principle, section 24 of the Constitution might bind juristic persons within South Africa’s territorial jurisdiction, exclusive economic zone jurisdiction, continental shelf jurisdiction and under South Africa’s personal jurisdiction. Furthermore, juristic persons who control vessels registered in South Africa or control a vessel entitled to be registered in South Africa but has departed to a place outside South Africa without being registered might also be constitutionally bound based on flag State jurisdiction. The sole means of preventing South Africa from exercising its authority this way requires severing the jurisdictional connection between South Africa and the juristic person. It was recommended that in ocean-related matters, the connecting factor between South Africa and the juristic person must be considered as an additional factor in the enquiry to determine whether a particular right binds that juristic person. Additionally, since the scope of corresponding rights-holders are “everyone”, even people outside South Africa present in places where the juristic person who is the corresponding duty- bearer operates or where their conduct is felt can hold these actors accountable for their constitutional human rights obligations. , Thesis (LLD) -- Faculty of Law, 2024
- Full Text:
- Date Issued: 2024-04
The host potential of wheel-and-axle polyaromatic compounds
- Authors: Vorgers, Jarryd Allister
- Date: 2024-04
- Subjects: Supramolecular chemistry
- Language: English
- Type: Master's theses , text
- Identifier: http://hdl.handle.net/10948/64426 , vital:73704
- Description: In this work, wheel-and-axle compounds 1,4-phenylene-bis(diphenylmethanol) (H1), 1,4-phenylene-bis(di-p-tolylmethanol) (H2) and 1,4-phenylene-bis(di-p-fluorophenylmethanol) (H3) were investigated for their host behaviour in various pyridyl and heterocyclic guest mixtures. These host compounds were readily synthesized by means of Grignard addition reactions on dimethyl terephthalate, employing the aryl halides bromobenzene for H1 (73% yield), p-bromotoluene for H2 (69%) and p-bromofluorobenzene for H3 (70%). Molecular modelling calculations demonstrated that the various C-C-C angles differed between the computed low energy host conformers and those in the host molecules from their PYR-containing crystal structures. However, specified ‘torsion’ angles were in close agreement. Compound 1,4-phenylene-bis(diphenylmethanol) (H1) possessed the ability to form 1:2 host-guest (H:G) complexes with each of pyridine (PYR) and 2-, 3- and 4-methylpyridine (2MP, 3MP and 4MP). Furthermore, H1 showed preferential behaviour towards PYR and 4MP when presented with various mixtures of these four pyridines. Due to the high selectivity coefficients calculated in many instances (the selectivity coefficient, K, is a measure of the selectivity of a host compound for one particular guest in a mixture), it was demonstrated that H1 would be suitable for separations/purifications for many of the mixtures investigated in this work through host-guest chemistry strategies. (These pyridines are difficult to separate by means of the more conventional fractional distillations because of very similar boiling points.) Single crystal X-ray diffraction (SCXRD) analyses revealed that 4MP and 3MP experienced hydrogen bonds with the host molecule which were similar in distance, while the hydrogen bond distance between H1 and 4MP was shorter than that between H1 and 2MP. Furthermore, the hydrogen bond angles in complexes with the preferred PYR and 4MP guest species were more linear than in those having 2MP and 3MP. Additionally, preferred PYR and 4MP experienced significant π‧‧‧π contacts with nearby guest molecules, while disfavoured 2MP and 3MP did not interact in this fashion. Hirshfeld surface analyses demonstrated that PYR and 4MP (favoured) were involved in a greater percentage of (guest)N‧‧H(host) , Thesis (MSc) -- Faculty of Science, School of Biomolecular & Chemical Sciences, 2024
- Full Text:
- Date Issued: 2024-04
- Authors: Vorgers, Jarryd Allister
- Date: 2024-04
- Subjects: Supramolecular chemistry
- Language: English
- Type: Master's theses , text
- Identifier: http://hdl.handle.net/10948/64426 , vital:73704
- Description: In this work, wheel-and-axle compounds 1,4-phenylene-bis(diphenylmethanol) (H1), 1,4-phenylene-bis(di-p-tolylmethanol) (H2) and 1,4-phenylene-bis(di-p-fluorophenylmethanol) (H3) were investigated for their host behaviour in various pyridyl and heterocyclic guest mixtures. These host compounds were readily synthesized by means of Grignard addition reactions on dimethyl terephthalate, employing the aryl halides bromobenzene for H1 (73% yield), p-bromotoluene for H2 (69%) and p-bromofluorobenzene for H3 (70%). Molecular modelling calculations demonstrated that the various C-C-C angles differed between the computed low energy host conformers and those in the host molecules from their PYR-containing crystal structures. However, specified ‘torsion’ angles were in close agreement. Compound 1,4-phenylene-bis(diphenylmethanol) (H1) possessed the ability to form 1:2 host-guest (H:G) complexes with each of pyridine (PYR) and 2-, 3- and 4-methylpyridine (2MP, 3MP and 4MP). Furthermore, H1 showed preferential behaviour towards PYR and 4MP when presented with various mixtures of these four pyridines. Due to the high selectivity coefficients calculated in many instances (the selectivity coefficient, K, is a measure of the selectivity of a host compound for one particular guest in a mixture), it was demonstrated that H1 would be suitable for separations/purifications for many of the mixtures investigated in this work through host-guest chemistry strategies. (These pyridines are difficult to separate by means of the more conventional fractional distillations because of very similar boiling points.) Single crystal X-ray diffraction (SCXRD) analyses revealed that 4MP and 3MP experienced hydrogen bonds with the host molecule which were similar in distance, while the hydrogen bond distance between H1 and 4MP was shorter than that between H1 and 2MP. Furthermore, the hydrogen bond angles in complexes with the preferred PYR and 4MP guest species were more linear than in those having 2MP and 3MP. Additionally, preferred PYR and 4MP experienced significant π‧‧‧π contacts with nearby guest molecules, while disfavoured 2MP and 3MP did not interact in this fashion. Hirshfeld surface analyses demonstrated that PYR and 4MP (favoured) were involved in a greater percentage of (guest)N‧‧H(host) , Thesis (MSc) -- Faculty of Science, School of Biomolecular & Chemical Sciences, 2024
- Full Text:
- Date Issued: 2024-04
The impact of Basel III higher capital and liquidity requirements on the profitability of South African banks
- Authors: Mdandalaza, Zuko Ludwig
- Date: 2024-04
- Subjects: Corporations -- Finance -- South Africa , Corporate governance -- Law and legislation -- South Africa , Banks and banking -- South Africa
- Language: English
- Type: Doctorate , text
- Identifier: http://hdl.handle.net/10948/62355 , vital:72614
- Description: This study employs a robust quantitative research design meticulously tailored to investigate the nuanced impact of Basel III capital and liquidity requirements on the profitability of South African banks. The data collection process is anchored in a rigorous approach, driven by the acquisition and meticulous review of financial statements sourced from a carefully curated sample of South Africa’s banks. Ensuring the sample’s representativeness is of paramount importance for bolstering the study’s findings. To this end, a purposive sampling technique, distinguished for its deliberate selection methodology, was applied judiciously. This method yielded the selection of 10 banks, chosen carefully to encapsulate a cross-section of the South African banking landscape, so enhancing the research’s validity and robustness. The analysis of this intricate dataset is underpinned by advanced statistical techniques, with regression analysis the principal analytical tool. Specifically, the study harnesses the Arellano-Bond generalised method of moments (GMM), a sophisticated yet versatile statistical methodology appropriate for disentangling complex relationships in longitudinal data. This analytical approach is perfectly suited to trace the nuanced interactions between Basel III’s capital and liquidity requirements and the profitability trajectories of South African banks. Spanning a 12- year timeframe, 2010 to 2022, this study attempts to encapsulate the evolution of the banking landscape in the wake of Basel III’s implementation. This extensive temporal scope enables the research to capture both short-term fluctuations and long-term trends, enriching its insights and lending depth to the analysis. The first objective of this study was to unravel the intricate web of macro-specific and bank-specific factors influencing the profitability of banks in South Africa. Net interest margin (NIM), a pivotal metric reflecting bank profitability and efficiency, was central to the investigation. Empirical insights gleaned from the analysis revealed several key determinants of NIM for South African banks. Notably, NIM displayed a high degree of persistence over time. This suggests that South African banks do not adjust swiftly to changes in market conditions, emphasising the importance for bank managers of considering the long-term repercussions of their decisions on interest, income and expenses. The results also illuminated a set of critical variables closely linked to NIM. These include credit loss, non-interest income, market concentration, stability (Z-score) and inflation. These variables collectively underscored the banks’ ability to navigate the multi-faceted landscape of risks and uncertainties in the banking sector, including credit risk, operational risk, market risk and inflationrisk. The positive relationship between these variables and NIM indicated the banks’ adeptness at passing on costs and risks to customers through higher interest rates or fees, all while leveraging their market power and diversification strategies. Conversely, a negative and significant association emerged between NIM and bank size, GDP per capita, private credit and the repo rate. These variables underscored the competitive pressure and macroeconomic dynamics influencing the demand for and supply of credit in the banking sector. In this context, the negative relationship suggested that larger banks, those operating in more developed and competitive markets, and those encountering lower policy rates, tend to exhibit lower NIM. These banks, due to heightened competition and lower demand for credit, face diminished interest income and narrower margins. Notably, variables like cost-to-income ratio, funding structure and loan-to-deposit ratio did not emerge as significant in explaining NIM for South African banks. This implies that these variables exert a relatively weaker influence on the profitability and efficiency of South African banks, or that their effects are subsumed by other variables in the model. The second objective examined the effect of higher capital buffers on bank profitability. Empirical findings revealed a negative yet statistically insignificant co-efficient for the CET1 variable in the regression analysis. This observation indicated that there is no substantial relationship between Basel III Tier 1 capital ratio (CET1) and bank profitability, as measured by NIM, among South African banks. This suggests that Basel III capital requirements do not have a significant influence on the profitability and efficiency of these banks, or their effect varies depending on other bank-specific or macroeconomic variables. The third objective focused on the effect of Basel III liquidity regulations, epitomised by the liquidity coverage ratio (LCR), on bank profitability in South Africa. Empirical results revealed a negative but statistically insignificant relationship between LCR and NIM. This observation indicates that Basel III liquidity regulations exert no discernible effect on the net interest income of South African banks. This finding could be attributed to the fact that South African banks had already fortified their liquidity positions prior to Basel III implementation, adhering to stringent regulatory requirements and prudent liquidity management practices. As a result, the introduction of LCR did not pose a significant alteration or constraint on the liquidity standing and profitability of South African banks. It also implies that other factors, like market conditions, funding structures or asset compositions, play more pivotal roles than the LCR in shaping the profitability of South African banks. These factors may influence the net interest spread, cost of funds or risk-adjusted returns of these banks. , Thesis (PhD) -- Faculty of Economics and Management Sciences, School of Economics, 2024
- Full Text:
- Date Issued: 2024-04
- Authors: Mdandalaza, Zuko Ludwig
- Date: 2024-04
- Subjects: Corporations -- Finance -- South Africa , Corporate governance -- Law and legislation -- South Africa , Banks and banking -- South Africa
- Language: English
- Type: Doctorate , text
- Identifier: http://hdl.handle.net/10948/62355 , vital:72614
- Description: This study employs a robust quantitative research design meticulously tailored to investigate the nuanced impact of Basel III capital and liquidity requirements on the profitability of South African banks. The data collection process is anchored in a rigorous approach, driven by the acquisition and meticulous review of financial statements sourced from a carefully curated sample of South Africa’s banks. Ensuring the sample’s representativeness is of paramount importance for bolstering the study’s findings. To this end, a purposive sampling technique, distinguished for its deliberate selection methodology, was applied judiciously. This method yielded the selection of 10 banks, chosen carefully to encapsulate a cross-section of the South African banking landscape, so enhancing the research’s validity and robustness. The analysis of this intricate dataset is underpinned by advanced statistical techniques, with regression analysis the principal analytical tool. Specifically, the study harnesses the Arellano-Bond generalised method of moments (GMM), a sophisticated yet versatile statistical methodology appropriate for disentangling complex relationships in longitudinal data. This analytical approach is perfectly suited to trace the nuanced interactions between Basel III’s capital and liquidity requirements and the profitability trajectories of South African banks. Spanning a 12- year timeframe, 2010 to 2022, this study attempts to encapsulate the evolution of the banking landscape in the wake of Basel III’s implementation. This extensive temporal scope enables the research to capture both short-term fluctuations and long-term trends, enriching its insights and lending depth to the analysis. The first objective of this study was to unravel the intricate web of macro-specific and bank-specific factors influencing the profitability of banks in South Africa. Net interest margin (NIM), a pivotal metric reflecting bank profitability and efficiency, was central to the investigation. Empirical insights gleaned from the analysis revealed several key determinants of NIM for South African banks. Notably, NIM displayed a high degree of persistence over time. This suggests that South African banks do not adjust swiftly to changes in market conditions, emphasising the importance for bank managers of considering the long-term repercussions of their decisions on interest, income and expenses. The results also illuminated a set of critical variables closely linked to NIM. These include credit loss, non-interest income, market concentration, stability (Z-score) and inflation. These variables collectively underscored the banks’ ability to navigate the multi-faceted landscape of risks and uncertainties in the banking sector, including credit risk, operational risk, market risk and inflationrisk. The positive relationship between these variables and NIM indicated the banks’ adeptness at passing on costs and risks to customers through higher interest rates or fees, all while leveraging their market power and diversification strategies. Conversely, a negative and significant association emerged between NIM and bank size, GDP per capita, private credit and the repo rate. These variables underscored the competitive pressure and macroeconomic dynamics influencing the demand for and supply of credit in the banking sector. In this context, the negative relationship suggested that larger banks, those operating in more developed and competitive markets, and those encountering lower policy rates, tend to exhibit lower NIM. These banks, due to heightened competition and lower demand for credit, face diminished interest income and narrower margins. Notably, variables like cost-to-income ratio, funding structure and loan-to-deposit ratio did not emerge as significant in explaining NIM for South African banks. This implies that these variables exert a relatively weaker influence on the profitability and efficiency of South African banks, or that their effects are subsumed by other variables in the model. The second objective examined the effect of higher capital buffers on bank profitability. Empirical findings revealed a negative yet statistically insignificant co-efficient for the CET1 variable in the regression analysis. This observation indicated that there is no substantial relationship between Basel III Tier 1 capital ratio (CET1) and bank profitability, as measured by NIM, among South African banks. This suggests that Basel III capital requirements do not have a significant influence on the profitability and efficiency of these banks, or their effect varies depending on other bank-specific or macroeconomic variables. The third objective focused on the effect of Basel III liquidity regulations, epitomised by the liquidity coverage ratio (LCR), on bank profitability in South Africa. Empirical results revealed a negative but statistically insignificant relationship between LCR and NIM. This observation indicates that Basel III liquidity regulations exert no discernible effect on the net interest income of South African banks. This finding could be attributed to the fact that South African banks had already fortified their liquidity positions prior to Basel III implementation, adhering to stringent regulatory requirements and prudent liquidity management practices. As a result, the introduction of LCR did not pose a significant alteration or constraint on the liquidity standing and profitability of South African banks. It also implies that other factors, like market conditions, funding structures or asset compositions, play more pivotal roles than the LCR in shaping the profitability of South African banks. These factors may influence the net interest spread, cost of funds or risk-adjusted returns of these banks. , Thesis (PhD) -- Faculty of Economics and Management Sciences, School of Economics, 2024
- Full Text:
- Date Issued: 2024-04
The impact of Basel III higher capital and liquidity requirements on the profitability of South African banks
- Authors: Mdandalaza, Zuko Ludwig
- Date: 2024-04
- Subjects: Basel III , Bank capital , Banks and banking, International , International finance
- Language: English
- Type: Doctoral theses , text
- Identifier: http://hdl.handle.net/10948/65153 , vital:74038
- Description: This study employs a robust quantitative research design meticulously tailored to investigate the nuanced impact of Basel III capital and liquidity requirements on the profitability of South African banks. The data collection process is anchored in a rigorous approach, driven by the acquisition and meticulous review of financial statements sourced from a carefully curated sample of South Africa’s banks. Ensuring the sample’s representativeness is of paramount importance for bolstering the study’s findings. To this end, a purposive sampling technique, distinguished for its deliberate selection methodology, was applied judiciously. This method yielded the selection of 10 banks, chosen carefully to encapsulate a cross-section of the South African banking landscape, thus enhancing the research’s validity and robustness. The analysis of this intricate dataset is underpinned by advanced statistical techniques, with regression analysis as the principal analytical tool. Specifically, the study harnesses the Arellano-Bond generalized method of moments (GMM), a sophisticated yet versatile statistical methodology appropriate for disentangling complex relationships in longitudinal data. This analytical approach is perfectly suited to trace the nuanced interactions between Basel III’s capital and liquidity requirements and the profitability trajectories of South African banks. Spanning a 12-year timeframe, 2010 to 2022, this study attempts to encapsulate the evolution of the banking landscape in the wake of Basel III’s implementation. This extensive temporal scope enables the research to capture both short-term fluctuations and long-term trends, enriching its insights and lending depth to the analysis. The first objective of this study was to unravel the intricate web of macro-specific and bank-specific factors influencing the profitability of banks in South Africa. Net interest margin (NIM), a pivotal metric reflecting bank profitability and efficiency, was central to the investigation. Empirical insights gleaned from the analysis revealed several key determinants of NIM for South African banks. Notably, NIM displayed a high degree of persistence over time. This suggests that South African banks do not adjust swiftly to changes in market conditions, emphasizing the importance for bank managers of considering the long-term repercussions of their decisions on interest, income, and expenses. The results also illuminated a set of critical variables closely linked to NIM. These include credit loss, non-interest income, market concentration, stability (Z-score), and inflation. These variables collectively underscored the banks’ ability to navigate the multi-faceted landscape of risks and uncertainties in the banking sector, including credit risk, operational risk, market risk, and inflation risk. The positive relationship between these variables and NIM indicated the banks’ adeptness at passing on costs and risks to customers through higher interest rates or fees, all while leveraging their market power and diversification strategies. Conversely, a negative and significant association emerged between NIM and bank size, GDP per capita, private credit, and the repo rate. These variables underscored the competitive pressure and macroeconomic dynamics influencing the demand for and supply of credit in the banking sector. In this context, the negative relationship suggested that larger banks, those operating in more developed and competitive markets, and those encountering lower policy rates, tend to exhibit lower NIM. These banks, due to heightened competition and lower demand for credit, face diminished interest income and narrower margins. Notably, variables like cost-to-income ratio, funding structure, and loan-to-deposit ratio did not emerge as significant in explaining NIM for South African banks. This implies that these variables exert a relatively weaker influence on the profitability and efficiency of South African banks, or that their effects are subsumed by other variables in the model. The second objective examined the effect of higher capital buffers on bank profitability. Empirical findings revealed a negative yet statistically insignificant co-efficient for the CET1 variable in the regression analysis. This observation indicated that there is no substantial relationship between Basel III Tier 1 capital ratio (CET1) and bank profitability, as measured by NIM, among South African banks. This suggests that Basel III capital requirements do not have a significant influence on the profitability and efficiency of these banks, or their effect varies depending on other bank-specific or macroeconomic variables. The third objective focused on the effect of Basel III liquidity regulations, epitomized by the liquidity coverage ratio (LCR), on bank profitability in South Africa. Empirical results revealed a negative but statistically insignificant relationship between LCR and NIM. This observation indicates that Basel III liquidity regulations exert no discernible effect on the net interest income of South African banks. This finding could be attributed to the fact that South African banks had already fortified their liquidity positions before Basel III implementation, adhering to stringent regulatory requirements and prudent liquidity management practices. As a result, the introduction of LCR did not pose a significant alteration or constraint on the liquidity standing and profitability of South African banks. It also implies that other factors, like market conditions, funding structures, or asset compositions, play more pivotal roles than the LCR in shaping the profitability of South African banks. These factors may influence the net interest spread, cost of funds, or risk-adjusted returns of these banks. , Thesis (PhD) -- Faculty of Business and Economic Sciences, School of Economics, Development and Tourism, 2024
- Full Text:
- Date Issued: 2024-04
- Authors: Mdandalaza, Zuko Ludwig
- Date: 2024-04
- Subjects: Basel III , Bank capital , Banks and banking, International , International finance
- Language: English
- Type: Doctoral theses , text
- Identifier: http://hdl.handle.net/10948/65153 , vital:74038
- Description: This study employs a robust quantitative research design meticulously tailored to investigate the nuanced impact of Basel III capital and liquidity requirements on the profitability of South African banks. The data collection process is anchored in a rigorous approach, driven by the acquisition and meticulous review of financial statements sourced from a carefully curated sample of South Africa’s banks. Ensuring the sample’s representativeness is of paramount importance for bolstering the study’s findings. To this end, a purposive sampling technique, distinguished for its deliberate selection methodology, was applied judiciously. This method yielded the selection of 10 banks, chosen carefully to encapsulate a cross-section of the South African banking landscape, thus enhancing the research’s validity and robustness. The analysis of this intricate dataset is underpinned by advanced statistical techniques, with regression analysis as the principal analytical tool. Specifically, the study harnesses the Arellano-Bond generalized method of moments (GMM), a sophisticated yet versatile statistical methodology appropriate for disentangling complex relationships in longitudinal data. This analytical approach is perfectly suited to trace the nuanced interactions between Basel III’s capital and liquidity requirements and the profitability trajectories of South African banks. Spanning a 12-year timeframe, 2010 to 2022, this study attempts to encapsulate the evolution of the banking landscape in the wake of Basel III’s implementation. This extensive temporal scope enables the research to capture both short-term fluctuations and long-term trends, enriching its insights and lending depth to the analysis. The first objective of this study was to unravel the intricate web of macro-specific and bank-specific factors influencing the profitability of banks in South Africa. Net interest margin (NIM), a pivotal metric reflecting bank profitability and efficiency, was central to the investigation. Empirical insights gleaned from the analysis revealed several key determinants of NIM for South African banks. Notably, NIM displayed a high degree of persistence over time. This suggests that South African banks do not adjust swiftly to changes in market conditions, emphasizing the importance for bank managers of considering the long-term repercussions of their decisions on interest, income, and expenses. The results also illuminated a set of critical variables closely linked to NIM. These include credit loss, non-interest income, market concentration, stability (Z-score), and inflation. These variables collectively underscored the banks’ ability to navigate the multi-faceted landscape of risks and uncertainties in the banking sector, including credit risk, operational risk, market risk, and inflation risk. The positive relationship between these variables and NIM indicated the banks’ adeptness at passing on costs and risks to customers through higher interest rates or fees, all while leveraging their market power and diversification strategies. Conversely, a negative and significant association emerged between NIM and bank size, GDP per capita, private credit, and the repo rate. These variables underscored the competitive pressure and macroeconomic dynamics influencing the demand for and supply of credit in the banking sector. In this context, the negative relationship suggested that larger banks, those operating in more developed and competitive markets, and those encountering lower policy rates, tend to exhibit lower NIM. These banks, due to heightened competition and lower demand for credit, face diminished interest income and narrower margins. Notably, variables like cost-to-income ratio, funding structure, and loan-to-deposit ratio did not emerge as significant in explaining NIM for South African banks. This implies that these variables exert a relatively weaker influence on the profitability and efficiency of South African banks, or that their effects are subsumed by other variables in the model. The second objective examined the effect of higher capital buffers on bank profitability. Empirical findings revealed a negative yet statistically insignificant co-efficient for the CET1 variable in the regression analysis. This observation indicated that there is no substantial relationship between Basel III Tier 1 capital ratio (CET1) and bank profitability, as measured by NIM, among South African banks. This suggests that Basel III capital requirements do not have a significant influence on the profitability and efficiency of these banks, or their effect varies depending on other bank-specific or macroeconomic variables. The third objective focused on the effect of Basel III liquidity regulations, epitomized by the liquidity coverage ratio (LCR), on bank profitability in South Africa. Empirical results revealed a negative but statistically insignificant relationship between LCR and NIM. This observation indicates that Basel III liquidity regulations exert no discernible effect on the net interest income of South African banks. This finding could be attributed to the fact that South African banks had already fortified their liquidity positions before Basel III implementation, adhering to stringent regulatory requirements and prudent liquidity management practices. As a result, the introduction of LCR did not pose a significant alteration or constraint on the liquidity standing and profitability of South African banks. It also implies that other factors, like market conditions, funding structures, or asset compositions, play more pivotal roles than the LCR in shaping the profitability of South African banks. These factors may influence the net interest spread, cost of funds, or risk-adjusted returns of these banks. , Thesis (PhD) -- Faculty of Business and Economic Sciences, School of Economics, Development and Tourism, 2024
- Full Text:
- Date Issued: 2024-04
The impact of covid-19 on SMEs: a case study of the pay-TV installation sector in Johannesburg
- Authors: Lwabi, Anathi
- Date: 2024-04
- Subjects: Business enterprises -- South Africa -- Johannesburg , Small business -- Management -- South Africa -- Johannesburg , Cable television -- South Africa
- Language: English
- Type: Master's theses , text
- Identifier: http://hdl.handle.net/10948/65097 , vital:74022
- Description: Small, Medium and Micro Enterprises (SMMES), generally abbreviated as SMEs, are enterprises that have revenues, assets or number of employees that are below a certain level. Each country applies an industry-specific criteria when determining enterprises that meet the definition of an SME (Ward, 2020). According to Faye and Goldblum (2022), SMEs are essential employers, and they are vital in job creation. In creating jobs, SMEs thus, contribute to alleviation of poverty and this leads to an improvement in the standards of living of a country’s inhabitants. Through improved employment levels from job creation contributed by SMEs, a country’s economy also grows. The COVID-19 pandemic has resulted to extensive job losses in developing countries because many SMEs contracted their workforce during the pandemic (Faye & Goldblum, 2022). Many non-essential service businesses were prohibited from operating during the pandemic. Governments around the world introduced strict measures to contain the impact of the coronavirus and these included restrictions on travel, business operations and face-to-face interactions (Organisation for Economic Co-operation and Development, 2020). The president of South Africa announced that people needed work permits that would allow them to go to work if they were essential workers, or provided essential services if they were self-employed (Pretorius, 2020). This is how strict the restrictions were, thereby completely blocking non-essential service SMEs from operating. Hence, the objective of the study was to determine the impact of COVID-19 on the Pay TV installation sector in Johannesburg and inferences were made for SMEs in general, with regards to how they were impacted by the COVID-19 pandemic. Based on the research primary and secondary objectives, literature review was conducted, identifying the contribution of SMEs on a country’s social status and economic growth. Other aspects that were reviewed in existing literature included but not limited to factors that contribute to the success and failure of SMEs, challenges faced by SMEs in South Africa, SMEs resilience at times of crises and impact of COVID-19 on SMEs. The study followed a qualitative research approach, and six open-ended questions were asked during the interviews with participants. The aim was to allow participants to express themselves genuinely and authentically to gain a better insight of the impact of COVID-19 on SMEs. , Thesis (MBA) -- Faculty of Business and Economic Sciences, Business School, 2024
- Full Text:
- Date Issued: 2024-04
- Authors: Lwabi, Anathi
- Date: 2024-04
- Subjects: Business enterprises -- South Africa -- Johannesburg , Small business -- Management -- South Africa -- Johannesburg , Cable television -- South Africa
- Language: English
- Type: Master's theses , text
- Identifier: http://hdl.handle.net/10948/65097 , vital:74022
- Description: Small, Medium and Micro Enterprises (SMMES), generally abbreviated as SMEs, are enterprises that have revenues, assets or number of employees that are below a certain level. Each country applies an industry-specific criteria when determining enterprises that meet the definition of an SME (Ward, 2020). According to Faye and Goldblum (2022), SMEs are essential employers, and they are vital in job creation. In creating jobs, SMEs thus, contribute to alleviation of poverty and this leads to an improvement in the standards of living of a country’s inhabitants. Through improved employment levels from job creation contributed by SMEs, a country’s economy also grows. The COVID-19 pandemic has resulted to extensive job losses in developing countries because many SMEs contracted their workforce during the pandemic (Faye & Goldblum, 2022). Many non-essential service businesses were prohibited from operating during the pandemic. Governments around the world introduced strict measures to contain the impact of the coronavirus and these included restrictions on travel, business operations and face-to-face interactions (Organisation for Economic Co-operation and Development, 2020). The president of South Africa announced that people needed work permits that would allow them to go to work if they were essential workers, or provided essential services if they were self-employed (Pretorius, 2020). This is how strict the restrictions were, thereby completely blocking non-essential service SMEs from operating. Hence, the objective of the study was to determine the impact of COVID-19 on the Pay TV installation sector in Johannesburg and inferences were made for SMEs in general, with regards to how they were impacted by the COVID-19 pandemic. Based on the research primary and secondary objectives, literature review was conducted, identifying the contribution of SMEs on a country’s social status and economic growth. Other aspects that were reviewed in existing literature included but not limited to factors that contribute to the success and failure of SMEs, challenges faced by SMEs in South Africa, SMEs resilience at times of crises and impact of COVID-19 on SMEs. The study followed a qualitative research approach, and six open-ended questions were asked during the interviews with participants. The aim was to allow participants to express themselves genuinely and authentically to gain a better insight of the impact of COVID-19 on SMEs. , Thesis (MBA) -- Faculty of Business and Economic Sciences, Business School, 2024
- Full Text:
- Date Issued: 2024-04
The impact of South Africa's sale of weapons to Saudi Arabia : the case of Yemen
- Authors: Mekuto, Phumelela
- Date: 2024-04
- Subjects: Conflict management , Military weapons , International relations
- Language: English
- Type: Master's theses , text
- Identifier: http://hdl.handle.net/10948/63334 , vital:73258
- Description: Since the start of the Yemeni conflict in 2014, both the Saudi-led military and the Iranian-backed Houthi Rebel group have launched missile airstrikes across the nation (Sharp & Brudnick, 2015). These attacks are carried out using high-tech military tools, such as drones, aircraft, bombs, and other weapons. According to Hokayem (2016), nearly 24 million Yemenis require aid as Yemen experiences the world’s largest humanitarian crises. Open Secretes released a report in 2020 outlining that weapons used in the war in Yemen could be traced back to Denel, alluding to its role and complicity in the conflict. The aim of this study is to investigate the role of Denel in the conflict in Yemen and its socio-economic effects. In doing so, South Africa’s trade relations with the Saudi-Arabia will be explored. In addition, unpacking the socio-economic conditions that exists domestically and internationally that influence global arms trade. A qualitative research approach is employed. Secondary research analysis is conducted using government publications, international policy reports, books, journals, and newspaper articles. In addressing the social aspect of the arms trade effects, the humanitarian component uses a psycho-social theoretical framework which encompasses Burtons’ human needs theory. In addition to this main theory, the frustration-aggression theory as well as the relative deprivation theory were applied to support the theory central to the study. Fundamental to this study is understanding Denel’s’ complicity in the conflict in Yemen and the effects thereof. This stems from the company’s trade agreements between itself and Saudi Arabia, which has been at the forefront of multiple proxy wars within the region. Denel’s implied complicity stems from the correlation between the heightened period of conflict in the Yemen and the parastatal’s record-breaking order book during the same period. The research study focuses on the period between 2013 – 2016. Further research has been conducted in order to provide a comprehensive historical account and context of the conflict and the role of Denel as a parastatal organisation. Furthermore, this study delves into ongoing crises and the volatile nature of global arms trade regulations. It is for the reasons alluded to above that the study insists on not limiting period of the study to 2013 – 2016. The study findings suggest that although weapons used in the conflict in Yemen could be traced back to Denel, these were insignificant to the overall contribution to the conflict in Yemen, despite South Africa’s and Saudi Arabia’s breach of the End-User agreement. As a result of Saudi Arabia’s continued infringement of human rights, the state was not to be sold weapons as they are proven to have further ramifications against the protection of human rights. Moreover, the arms trade industry partially functions independently from government intervention and regulation, making it increasingly difficult to implement international policy. What is of paramount importance is the direct effect of conflict on innocent civilians who continue to suffer and the human cost of profit and the struggle for power and resources. Recommendations highlighted in the treatise include striking a balance between profitability and the humanitarian perspective by taking into consideration both private sector profit motives and the public sector's responsibility to prioritise human rights and the well-being of people. This approach ensures efficient management of Denel and reduces the possibility of privatization, as Denel remains the lifeline of the South African Defense Force (SADF). To ensure compliance with domestic and international arms treaty regulations, it is necessary to enforce a stricter process for arms sales justification. The agreement should incorporate legal measures that enable the prosecution of the state in cases where irregularities in weapons sales approval, including corruption or personal/political motives, are identified. The study recommends that Denel should initiate a strategic restructuring plan to revitalise its business model and leadership development. This restructuring should prioritise ethical business practices, legality, and vetting of customer information while ensuring profitability for self-sustainability. Addressing irregular sale agreements is crucial before investing in technology advancement and research. Growth assessment should be based on profit margins and order book prospects to ensure business optimisation and resource adequacy. Denel's success is vital for South Africa's GDP growth. , Thesis (MA) -- Faculty of Humanities, School of Governmental and Social Sciences, 2024
- Full Text:
- Date Issued: 2024-04
- Authors: Mekuto, Phumelela
- Date: 2024-04
- Subjects: Conflict management , Military weapons , International relations
- Language: English
- Type: Master's theses , text
- Identifier: http://hdl.handle.net/10948/63334 , vital:73258
- Description: Since the start of the Yemeni conflict in 2014, both the Saudi-led military and the Iranian-backed Houthi Rebel group have launched missile airstrikes across the nation (Sharp & Brudnick, 2015). These attacks are carried out using high-tech military tools, such as drones, aircraft, bombs, and other weapons. According to Hokayem (2016), nearly 24 million Yemenis require aid as Yemen experiences the world’s largest humanitarian crises. Open Secretes released a report in 2020 outlining that weapons used in the war in Yemen could be traced back to Denel, alluding to its role and complicity in the conflict. The aim of this study is to investigate the role of Denel in the conflict in Yemen and its socio-economic effects. In doing so, South Africa’s trade relations with the Saudi-Arabia will be explored. In addition, unpacking the socio-economic conditions that exists domestically and internationally that influence global arms trade. A qualitative research approach is employed. Secondary research analysis is conducted using government publications, international policy reports, books, journals, and newspaper articles. In addressing the social aspect of the arms trade effects, the humanitarian component uses a psycho-social theoretical framework which encompasses Burtons’ human needs theory. In addition to this main theory, the frustration-aggression theory as well as the relative deprivation theory were applied to support the theory central to the study. Fundamental to this study is understanding Denel’s’ complicity in the conflict in Yemen and the effects thereof. This stems from the company’s trade agreements between itself and Saudi Arabia, which has been at the forefront of multiple proxy wars within the region. Denel’s implied complicity stems from the correlation between the heightened period of conflict in the Yemen and the parastatal’s record-breaking order book during the same period. The research study focuses on the period between 2013 – 2016. Further research has been conducted in order to provide a comprehensive historical account and context of the conflict and the role of Denel as a parastatal organisation. Furthermore, this study delves into ongoing crises and the volatile nature of global arms trade regulations. It is for the reasons alluded to above that the study insists on not limiting period of the study to 2013 – 2016. The study findings suggest that although weapons used in the conflict in Yemen could be traced back to Denel, these were insignificant to the overall contribution to the conflict in Yemen, despite South Africa’s and Saudi Arabia’s breach of the End-User agreement. As a result of Saudi Arabia’s continued infringement of human rights, the state was not to be sold weapons as they are proven to have further ramifications against the protection of human rights. Moreover, the arms trade industry partially functions independently from government intervention and regulation, making it increasingly difficult to implement international policy. What is of paramount importance is the direct effect of conflict on innocent civilians who continue to suffer and the human cost of profit and the struggle for power and resources. Recommendations highlighted in the treatise include striking a balance between profitability and the humanitarian perspective by taking into consideration both private sector profit motives and the public sector's responsibility to prioritise human rights and the well-being of people. This approach ensures efficient management of Denel and reduces the possibility of privatization, as Denel remains the lifeline of the South African Defense Force (SADF). To ensure compliance with domestic and international arms treaty regulations, it is necessary to enforce a stricter process for arms sales justification. The agreement should incorporate legal measures that enable the prosecution of the state in cases where irregularities in weapons sales approval, including corruption or personal/political motives, are identified. The study recommends that Denel should initiate a strategic restructuring plan to revitalise its business model and leadership development. This restructuring should prioritise ethical business practices, legality, and vetting of customer information while ensuring profitability for self-sustainability. Addressing irregular sale agreements is crucial before investing in technology advancement and research. Growth assessment should be based on profit margins and order book prospects to ensure business optimisation and resource adequacy. Denel's success is vital for South Africa's GDP growth. , Thesis (MA) -- Faculty of Humanities, School of Governmental and Social Sciences, 2024
- Full Text:
- Date Issued: 2024-04
The impact of underperforming state-owned enterprises on the South African economy
- Authors: Erasmus, Christopher
- Date: 2024-04
- Subjects: Government business enterprises , Government corporations , Budget deficits -- South Africa , Deficit financing -- South Africa
- Language: English
- Type: Master's theses , text
- Identifier: http://hdl.handle.net/10948/64951 , vital:73991
- Description: Problems have existed in South African SOEs for more than 80 years and in the more recent past, billions of rands in bailouts have begun to accumulate in an effort to revive struggling SOEs and consequently has placed the South African economy under immense fiscal strain. With the use of case study analysis, this study set out to determine the impact bailouts of underperforming SOEs are having on the budget deficit as well as government debt, with particular focus aimed at the contributions of Eskom and SAA. Thereafter, the study adopted a VAR framework and investigated if either the budget deficit or government debt share a relationship with economic growth based on data from 2000-2020. It was discovered that an alarming R331,206 billion has been given out in bailouts to underperforming SOEs over the past decade. As a result, SOEs have been identified by credit rating agencies, financial institutions such as the IMF and the National Treasury as posing one of the greatest threats to the fiscal outlook and a widening budget deficit. Results from the granger casualty tests only found evidence of unidirectional causality running from GDP to both the budget deficit and government debt, meaning there was no evidence to suggest that changes in the budget deficit and government debt influence GDP. The estimated VAR model also failed to find evidence of a statistically significant relationship existing between the budget deficit and GDP as well as government debt and GDP. These findings suggest that there is inconclusive evidence to suggest that underperforming SOEs do impact economic growth via the budget deficit and government debt. However, government expenditure was found to have a statistically significant and negative relationship with GDP which indicates that expenditure has been wasteful and is a reflection of the impact bailouts have on economic growth when considering the significant amount of expenditure directed towards SOEs over the past two decades. , Thesis (MCom) -- Faculty of Business and Economic Sciences, School of Economics, Development and Tourism, 2024
- Full Text:
- Date Issued: 2024-04
- Authors: Erasmus, Christopher
- Date: 2024-04
- Subjects: Government business enterprises , Government corporations , Budget deficits -- South Africa , Deficit financing -- South Africa
- Language: English
- Type: Master's theses , text
- Identifier: http://hdl.handle.net/10948/64951 , vital:73991
- Description: Problems have existed in South African SOEs for more than 80 years and in the more recent past, billions of rands in bailouts have begun to accumulate in an effort to revive struggling SOEs and consequently has placed the South African economy under immense fiscal strain. With the use of case study analysis, this study set out to determine the impact bailouts of underperforming SOEs are having on the budget deficit as well as government debt, with particular focus aimed at the contributions of Eskom and SAA. Thereafter, the study adopted a VAR framework and investigated if either the budget deficit or government debt share a relationship with economic growth based on data from 2000-2020. It was discovered that an alarming R331,206 billion has been given out in bailouts to underperforming SOEs over the past decade. As a result, SOEs have been identified by credit rating agencies, financial institutions such as the IMF and the National Treasury as posing one of the greatest threats to the fiscal outlook and a widening budget deficit. Results from the granger casualty tests only found evidence of unidirectional causality running from GDP to both the budget deficit and government debt, meaning there was no evidence to suggest that changes in the budget deficit and government debt influence GDP. The estimated VAR model also failed to find evidence of a statistically significant relationship existing between the budget deficit and GDP as well as government debt and GDP. These findings suggest that there is inconclusive evidence to suggest that underperforming SOEs do impact economic growth via the budget deficit and government debt. However, government expenditure was found to have a statistically significant and negative relationship with GDP which indicates that expenditure has been wasteful and is a reflection of the impact bailouts have on economic growth when considering the significant amount of expenditure directed towards SOEs over the past two decades. , Thesis (MCom) -- Faculty of Business and Economic Sciences, School of Economics, Development and Tourism, 2024
- Full Text:
- Date Issued: 2024-04
The influence of financial literacy on online banking fraud detection
- Tewo, Francine Fabiola Petato
- Authors: Tewo, Francine Fabiola Petato
- Date: 2024-04
- Subjects: Banks and banking -- Security measures , Bank fraud -- Prevention , Bank fraud -- Prevention -- Technological innovation
- Language: English
- Type: Master's theses , text
- Identifier: http://hdl.handle.net/10948/65467 , vital:74158
- Description: The growth of online banking, also known as e-banking, electronic banking or Internet banking, has enticed customers to perform online banking transactions. Even traditional banking institutions are encouraging their customers to adopt online banking services to offer them faster and more dependable services. Online banking services available to customers range from the ability to access their accounts, transfer money between accounts or beneficiaries to more advanced financial services such as applying for loans or making investments. Despite the benefits online banking, it does expose the user to significant risks, including financial fraud and unauthorised payments. The growth of online banking has led to an increase in opportunities for sophisticated fraudsters to commit online banking fraud by means of constantly changing methods that exploit the weaknesses in existing preventive measures, mainly targeting the financial sector and its customers. Due to negligence, curiosity or naivety, online banking fraud victims are often responsible for their own victimisation. Although there is the general perception that customers are not liable for damages incurred due to online financial fraud and that banks will refund the financial losses, the banking industry is moving towards customer co-liability to curb online banking fraud. It has been recognised that financial literacy positively influences a person’s financial behaviour, including online banking. Improving access to financial services through technology requires a higher level of financial literacy to use such services effectively and be less vulnerable to, for example, misleading advertising, fraud, hacking attacks and unauthorised use of data. Given the importance of online banking in the South African economy, as well as the increasing emphasis being placed on online banking customers to education themselves about the safe use of online banking services, the primary research objective of this study was therefore to determine the influence of financial literacy on customers’ ability to detect online banking fraud. In the literature review, the following factors have been identified that could influence online banking customers’ Ability to detect online banking fraud (dependent variable), namely: Financial knowledge, Financial behaviour, Financial attitude, Trust, Attentiveness, Awareness, Risk-perception (independent variables).The empirical investigation adopted a positivistic research paradigm, together with a deductive and quantitative methodology. The methodological strategy used to collect primary data was an online survey, that was cross-sectional in nature. The 280 completed questionnaires were subjected to statistical analyses. The validity and reliability of the measuring instrument was assessed by using a confirmatory factor analysis (CFA) and Cronbach’s alpha coefficients, respectively. Descriptive statistics were also calculated to summarise the data, while inferential statistics included Pearson’s product moment correlations, analysis of variance (ANOVA) tests and multiple regression analysis (MRA) to test the relationships amongst the dependent and independent variables. As a result of the CFA analysis conceptual framework and the hypothesised model were modified. It was hypothesised that Financial knowledge, Financial behaviour, Financial attitude, Trust, Attentiveness, and Awareness are the financial literacy factors that have a significant positive influence on online banking customers’ Risk-perception and ability to detect online banking fraud. The empirical results of this study establish the following predictors or determinants of online banking customers’ Risk-perception and ability to detect online banking fraud, namely: Trust, Awareness and Attentiveness. In doing so, this research contributes to validating the notion that certain financial literacy factors could be important to take into consideration in order to assist online banking customers to be less vulnerable by being able to assess the risk and fraud associated with using online banking services. This study theoretically contributes to the body of knowledge on financial literacy and online banking and online banking fraud in general and the influence of financial literacy factors on online banking customers’ ability to detect online banking fraud in particular in a South African context. This study will enable banks and their online banking customers to gain a better understanding of the impact of financial literacy on customers' levels of risk-perception concerning online banking fraud. This understanding could subsequently improve their awareness, attentiveness and ability to detect online banking fraud and, consequently, reduce the risk of online banking victimisation. , Thesis (MCom) -- Faculty of Business and Economic Sciences, School of Management Sciences, 2024
- Full Text:
- Date Issued: 2024-04
- Authors: Tewo, Francine Fabiola Petato
- Date: 2024-04
- Subjects: Banks and banking -- Security measures , Bank fraud -- Prevention , Bank fraud -- Prevention -- Technological innovation
- Language: English
- Type: Master's theses , text
- Identifier: http://hdl.handle.net/10948/65467 , vital:74158
- Description: The growth of online banking, also known as e-banking, electronic banking or Internet banking, has enticed customers to perform online banking transactions. Even traditional banking institutions are encouraging their customers to adopt online banking services to offer them faster and more dependable services. Online banking services available to customers range from the ability to access their accounts, transfer money between accounts or beneficiaries to more advanced financial services such as applying for loans or making investments. Despite the benefits online banking, it does expose the user to significant risks, including financial fraud and unauthorised payments. The growth of online banking has led to an increase in opportunities for sophisticated fraudsters to commit online banking fraud by means of constantly changing methods that exploit the weaknesses in existing preventive measures, mainly targeting the financial sector and its customers. Due to negligence, curiosity or naivety, online banking fraud victims are often responsible for their own victimisation. Although there is the general perception that customers are not liable for damages incurred due to online financial fraud and that banks will refund the financial losses, the banking industry is moving towards customer co-liability to curb online banking fraud. It has been recognised that financial literacy positively influences a person’s financial behaviour, including online banking. Improving access to financial services through technology requires a higher level of financial literacy to use such services effectively and be less vulnerable to, for example, misleading advertising, fraud, hacking attacks and unauthorised use of data. Given the importance of online banking in the South African economy, as well as the increasing emphasis being placed on online banking customers to education themselves about the safe use of online banking services, the primary research objective of this study was therefore to determine the influence of financial literacy on customers’ ability to detect online banking fraud. In the literature review, the following factors have been identified that could influence online banking customers’ Ability to detect online banking fraud (dependent variable), namely: Financial knowledge, Financial behaviour, Financial attitude, Trust, Attentiveness, Awareness, Risk-perception (independent variables).The empirical investigation adopted a positivistic research paradigm, together with a deductive and quantitative methodology. The methodological strategy used to collect primary data was an online survey, that was cross-sectional in nature. The 280 completed questionnaires were subjected to statistical analyses. The validity and reliability of the measuring instrument was assessed by using a confirmatory factor analysis (CFA) and Cronbach’s alpha coefficients, respectively. Descriptive statistics were also calculated to summarise the data, while inferential statistics included Pearson’s product moment correlations, analysis of variance (ANOVA) tests and multiple regression analysis (MRA) to test the relationships amongst the dependent and independent variables. As a result of the CFA analysis conceptual framework and the hypothesised model were modified. It was hypothesised that Financial knowledge, Financial behaviour, Financial attitude, Trust, Attentiveness, and Awareness are the financial literacy factors that have a significant positive influence on online banking customers’ Risk-perception and ability to detect online banking fraud. The empirical results of this study establish the following predictors or determinants of online banking customers’ Risk-perception and ability to detect online banking fraud, namely: Trust, Awareness and Attentiveness. In doing so, this research contributes to validating the notion that certain financial literacy factors could be important to take into consideration in order to assist online banking customers to be less vulnerable by being able to assess the risk and fraud associated with using online banking services. This study theoretically contributes to the body of knowledge on financial literacy and online banking and online banking fraud in general and the influence of financial literacy factors on online banking customers’ ability to detect online banking fraud in particular in a South African context. This study will enable banks and their online banking customers to gain a better understanding of the impact of financial literacy on customers' levels of risk-perception concerning online banking fraud. This understanding could subsequently improve their awareness, attentiveness and ability to detect online banking fraud and, consequently, reduce the risk of online banking victimisation. , Thesis (MCom) -- Faculty of Business and Economic Sciences, School of Management Sciences, 2024
- Full Text:
- Date Issued: 2024-04
The influence of interpretation of iso 19011: 2018 guidelines on performing third-party quality audits to promote uniformity and consistency in the audit process
- Authors: Sepeng, Thembekile Debora
- Date: 2024-04
- Subjects: ISO 9000 Series Standards -- Auditing , Quality control -- Auditing , Process control
- Language: English
- Type: Doctoral theses , text
- Identifier: http://hdl.handle.net/10948/64797 , vital:73915
- Description: Third-party quality audits (TPQA) facilitate performance improvement and reliability that give confidence to organisations concerning the process quality of services and products. In South Africa, ISO 9001: 2015 standard certification gained popularity as a requirement in the business tender criteria. While TPQA are crucial for evaluating conformance to industry standards, reportedly numerous organisations share disappointments as their expectations seem no longer realised. Certification faces criticism about its effectiveness in delivering TPQA that add value. Research has shown in some cases that despite the revisions of the ISO 19011: 2011 standard and limited studies conducted TPQA are regarded as added cost activities, and their initial purpose as an impartial tool to ensure quality of deliverables is no longer upheld. Increasingly, because of inconsistencies and unethical practices often observed in the industry, organisations question the significance of TPQA. Hence, the need was identified to determine and explain the influence of the ISO 19011: 2018 standard interpretation on the application of the audit guidelines in performing TPQA, to promote consistency in the audit process. A sequential exploratory mixed-method study was conducted employing a document analysis of the ISO 19011: 2018 standard, semi-structured interviews with the certification managers (CBs) and third-party quality auditors; and a survey questionnaire which was sent to quality practitioners and experts. The findings of the qualitative phases of the study were verified during the quantitative phase. The outcome of each phase of the study informed the development of the data collection instrument in the next phase. Two frameworks were designed: A conceptual framework after the document analysis and an empirical framework based on the interview data. The qualitative findings and quantitative results were integrated before conclusions were drawn and recommendations made. Achieving effective audits requires that an audit programme be established, implemented, monitored, reviewed and improved within the confines of the principles of auditing. The study found that the value of the audit process is limited by the different interpretations of the audit guidelines held by CBs and auditors. Adherence to the principles of auditing particularly, integrity and independence were found as the core of the audit process while their disregard reflected failure of the real intent of auditing. In managing the audit programme the study revealed that the inconsistencies in the audit procedures and documents developed for the auditors were ascribed to some CBs’ personal interpretations. Potential pitfalls are exacerbated by most auditors being contracted across the different bodies, and work according to the different CBs’ processes. The different interpretations of the standard suggest that certain guidelines might be vaguely written, resulting in uncertainties concerning reproducibility of the audit process. Competence featured most so that lack of it was perceived as the main hindrance to the audit process. The study recommends formal consultations among experts and practitioners to reflect on the interpretation of the guidelines to manage the audit programmes, and eliminate root causes and practices affecting the audit process. Also recommended is integration of the study findings into auditor training courses to support standardisation and reduce the variations across and amongst the different CBs and auditors. , Thesis (PhD) -- Faculty of Engineering, the Built Environment, and Technology, School of Engineering, 2024
- Full Text:
- Date Issued: 2024-04
- Authors: Sepeng, Thembekile Debora
- Date: 2024-04
- Subjects: ISO 9000 Series Standards -- Auditing , Quality control -- Auditing , Process control
- Language: English
- Type: Doctoral theses , text
- Identifier: http://hdl.handle.net/10948/64797 , vital:73915
- Description: Third-party quality audits (TPQA) facilitate performance improvement and reliability that give confidence to organisations concerning the process quality of services and products. In South Africa, ISO 9001: 2015 standard certification gained popularity as a requirement in the business tender criteria. While TPQA are crucial for evaluating conformance to industry standards, reportedly numerous organisations share disappointments as their expectations seem no longer realised. Certification faces criticism about its effectiveness in delivering TPQA that add value. Research has shown in some cases that despite the revisions of the ISO 19011: 2011 standard and limited studies conducted TPQA are regarded as added cost activities, and their initial purpose as an impartial tool to ensure quality of deliverables is no longer upheld. Increasingly, because of inconsistencies and unethical practices often observed in the industry, organisations question the significance of TPQA. Hence, the need was identified to determine and explain the influence of the ISO 19011: 2018 standard interpretation on the application of the audit guidelines in performing TPQA, to promote consistency in the audit process. A sequential exploratory mixed-method study was conducted employing a document analysis of the ISO 19011: 2018 standard, semi-structured interviews with the certification managers (CBs) and third-party quality auditors; and a survey questionnaire which was sent to quality practitioners and experts. The findings of the qualitative phases of the study were verified during the quantitative phase. The outcome of each phase of the study informed the development of the data collection instrument in the next phase. Two frameworks were designed: A conceptual framework after the document analysis and an empirical framework based on the interview data. The qualitative findings and quantitative results were integrated before conclusions were drawn and recommendations made. Achieving effective audits requires that an audit programme be established, implemented, monitored, reviewed and improved within the confines of the principles of auditing. The study found that the value of the audit process is limited by the different interpretations of the audit guidelines held by CBs and auditors. Adherence to the principles of auditing particularly, integrity and independence were found as the core of the audit process while their disregard reflected failure of the real intent of auditing. In managing the audit programme the study revealed that the inconsistencies in the audit procedures and documents developed for the auditors were ascribed to some CBs’ personal interpretations. Potential pitfalls are exacerbated by most auditors being contracted across the different bodies, and work according to the different CBs’ processes. The different interpretations of the standard suggest that certain guidelines might be vaguely written, resulting in uncertainties concerning reproducibility of the audit process. Competence featured most so that lack of it was perceived as the main hindrance to the audit process. The study recommends formal consultations among experts and practitioners to reflect on the interpretation of the guidelines to manage the audit programmes, and eliminate root causes and practices affecting the audit process. Also recommended is integration of the study findings into auditor training courses to support standardisation and reduce the variations across and amongst the different CBs and auditors. , Thesis (PhD) -- Faculty of Engineering, the Built Environment, and Technology, School of Engineering, 2024
- Full Text:
- Date Issued: 2024-04
The labour court’s approach in awarding costs
- Authors: Minnie, Wouter
- Date: 2024-04
- Subjects: Labour matters , Law of costs , Labour Court
- Language: English
- Type: Master's theses , text
- Identifier: http://hdl.handle.net/10948/66151 , vital:74423
- Description: The unanimous judgment in the CC case of Union for Police Security and Corrections Organisations v South African Custodial Management (Pty) Ltd and Others [2021] ZACC 26, delivered by Judge Khampepe, highlighted the distinct approach to costs in labour matters. While the general rule in litigation is that costs follow the result, the Constitutional Court has consistently emphasised that this principle does not apply in labour disputes, as clarified in the landmark case of Zungu v Premier of the Province of KwaZulu-Natal and Others (CCT136/17) [2018] ZACC 1; (2018) 39 ILJ 523 (CC); [2018] 4 BLLR 323 (CC); 2018 (6) BCLR 686 (CC) (22 January 2018). The court emphasised its constitutional and statutory obligation to depart from the general rule in labour matters. However, section 162 of the LRA provides the LC with the authority to order the payment of costs based on the requirements of the law and fairness. Similarly, section 179 of the LRA grants the LAC the discretion to make cost orders considering the law and fairness. This presents an intriguing legal debate surrounding the interpretation of the LRA provisions and the assertion that costs do not follow the result in labour matters. It raises questions about whether this assertion aligns with sections 162 and 179 of the LRA and whether it applies to labour matters beyond the purview of the LC and LAC, such as disputes rooted in the law of contracts, administrative law or common law which can be adjudicated in alternative forums. This treatise aims to explore the historical development of the South African law of costs, with a particular focus on costs in labour matters. It will critically analyse whether the courts’ approach to costs in labour matters is legally sound, fair and consistent. By delving into these issues, this treatise intends to contribute to the scholarly discussion on costs in labour disputes, assess the appropriateness of the current approach, and propose potential areas for improvement. , Thesis (LLM) -- Faculty of Law, Department of Mercantile Law, 2024
- Full Text:
- Date Issued: 2024-04
- Authors: Minnie, Wouter
- Date: 2024-04
- Subjects: Labour matters , Law of costs , Labour Court
- Language: English
- Type: Master's theses , text
- Identifier: http://hdl.handle.net/10948/66151 , vital:74423
- Description: The unanimous judgment in the CC case of Union for Police Security and Corrections Organisations v South African Custodial Management (Pty) Ltd and Others [2021] ZACC 26, delivered by Judge Khampepe, highlighted the distinct approach to costs in labour matters. While the general rule in litigation is that costs follow the result, the Constitutional Court has consistently emphasised that this principle does not apply in labour disputes, as clarified in the landmark case of Zungu v Premier of the Province of KwaZulu-Natal and Others (CCT136/17) [2018] ZACC 1; (2018) 39 ILJ 523 (CC); [2018] 4 BLLR 323 (CC); 2018 (6) BCLR 686 (CC) (22 January 2018). The court emphasised its constitutional and statutory obligation to depart from the general rule in labour matters. However, section 162 of the LRA provides the LC with the authority to order the payment of costs based on the requirements of the law and fairness. Similarly, section 179 of the LRA grants the LAC the discretion to make cost orders considering the law and fairness. This presents an intriguing legal debate surrounding the interpretation of the LRA provisions and the assertion that costs do not follow the result in labour matters. It raises questions about whether this assertion aligns with sections 162 and 179 of the LRA and whether it applies to labour matters beyond the purview of the LC and LAC, such as disputes rooted in the law of contracts, administrative law or common law which can be adjudicated in alternative forums. This treatise aims to explore the historical development of the South African law of costs, with a particular focus on costs in labour matters. It will critically analyse whether the courts’ approach to costs in labour matters is legally sound, fair and consistent. By delving into these issues, this treatise intends to contribute to the scholarly discussion on costs in labour disputes, assess the appropriateness of the current approach, and propose potential areas for improvement. , Thesis (LLM) -- Faculty of Law, Department of Mercantile Law, 2024
- Full Text:
- Date Issued: 2024-04
The linkages between film and tourism in Nelson Mandela Bay
- Authors: Derrocks, Rene
- Date: 2024-04
- Subjects: Tourism and motion pictures -- South Africa -- Port Elizabeth , Tourism -- Decision making , Tourism -- Management -- South Africa -- Port Elizabeth
- Language: English
- Type: Master's theses , text
- Identifier: http://hdl.handle.net/10948/64940 , vital:73988
- Description: This dissertation puts forward empirical research conducted about the linkages between film and tourism. The aim of the study is to explore the potential opportunities for tourism as a result of the utilisation of the tourism destination for film purposes. The destination is called Nelson Mandela Bay which is situated in the Eastern Cape of South Africa and comprises of Gqeberha, Kariega and Despatch. It is pertinent to note that in South Africa, the cities of Johannesburg, Cape Town, and Durban are successfully utilising film to promote tourism, however research conducted for government purposes indicates that Nelson Mandela Bay has not utilised this opportunity optimally. In this research a potential strategy for film and tourism in Nelson Mandela Bay is explored through evaluating best practices in Johannesburg, Cape Town, and Durban. This is against the background of international best practices which guide the tourism organisations involved with film in these cities. The research followed a qualitative research approach that utilised interviews and a subsequent focus group discussion to collect data. The findings clearly indicate that film and tourism linkages are present in NMB but that a strategy should be developed for consideration that would guide NMB in terms of capitalising on the relationship between film and tourism. , Thesis (MCom) -- Faculty of Business and Economic Sciences, School of Economics, Development and Tourism, 2024
- Full Text:
- Date Issued: 2024-04
- Authors: Derrocks, Rene
- Date: 2024-04
- Subjects: Tourism and motion pictures -- South Africa -- Port Elizabeth , Tourism -- Decision making , Tourism -- Management -- South Africa -- Port Elizabeth
- Language: English
- Type: Master's theses , text
- Identifier: http://hdl.handle.net/10948/64940 , vital:73988
- Description: This dissertation puts forward empirical research conducted about the linkages between film and tourism. The aim of the study is to explore the potential opportunities for tourism as a result of the utilisation of the tourism destination for film purposes. The destination is called Nelson Mandela Bay which is situated in the Eastern Cape of South Africa and comprises of Gqeberha, Kariega and Despatch. It is pertinent to note that in South Africa, the cities of Johannesburg, Cape Town, and Durban are successfully utilising film to promote tourism, however research conducted for government purposes indicates that Nelson Mandela Bay has not utilised this opportunity optimally. In this research a potential strategy for film and tourism in Nelson Mandela Bay is explored through evaluating best practices in Johannesburg, Cape Town, and Durban. This is against the background of international best practices which guide the tourism organisations involved with film in these cities. The research followed a qualitative research approach that utilised interviews and a subsequent focus group discussion to collect data. The findings clearly indicate that film and tourism linkages are present in NMB but that a strategy should be developed for consideration that would guide NMB in terms of capitalising on the relationship between film and tourism. , Thesis (MCom) -- Faculty of Business and Economic Sciences, School of Economics, Development and Tourism, 2024
- Full Text:
- Date Issued: 2024-04
The on-demand continuous flow generation, separation, and utilization of monosilane gas, a feedstock for solar-grade silicon
- Authors: Mathe, Francis Matota
- Date: 2024-04
- Subjects: Chemistry, Organic , Chemistry , Silicon -- Synthesis
- Language: English
- Type: Doctoral theses , text
- Identifier: http://hdl.handle.net/10948/64179 , vital:73660
- Description: This research is dedicated to the development of a continuous flow process for the production and utilization of monosilane gas. The utilization of continuous flow techniques was instrumental in addressing the challenges and conditions associated with the handling of monosilane gas. Furthermore, the integration of Process Analytical Technologies (PAT) facilitated in-process monitoring and analysis. Chapter one of this research provides an extensive background and literature review encompassing the purification methods of silicon, the latest advancements in the direct synthesis of alkoxysilanes, current synthesis methods for monosilane, the various applications of monosilane, as well as the utilization of continuous flow technology and process analytical technologies. In chapter two, a detailed account of the experimental procedures employed in this research is presented. Chapter three delves into the results derived from each section of the research. The first section discusses an attempt to upscale the continuous flow synthesis of triethoxysilane, based on previous group research. Process Analytical Technologies (PAT), specifically thermocouples, were utilized in this endeavor. The study revealed temperature inconsistencies along the packed bed reactor, which had a notable impact on the reaction capabilities. The subsequent section explores the continuous flow synthesis of monosilane from triethoxysilane. A Design of Experiment (DoE) approach was employed to identify the optimal reaction conditions and compare the effectiveness of two catalysts. The study determined that Amberlyst-A26 emerged as the superior catalyst, offering stability and reasonable conversions over a 24-hour period. In a residence time of 6 minutes and at a temperature of 55 °C, the maximum triethoxysilane conversion of 100% was achieved. PAT, particularly inline FT-IR, was instrumental in monitoring catalyst activity, while continuous flow gas separation techniques facilitated the separation of monosilane. The research also demonstrated further applications of continuous flow techniques in the synthesis of monosilane from tetraethoxysilane and magnesium silicide. The former aimed to , Thesis (PhD) -- Faculty of Science, School of Biomolecular & Chemical Sciences, 2024
- Full Text:
- Date Issued: 2024-04
- Authors: Mathe, Francis Matota
- Date: 2024-04
- Subjects: Chemistry, Organic , Chemistry , Silicon -- Synthesis
- Language: English
- Type: Doctoral theses , text
- Identifier: http://hdl.handle.net/10948/64179 , vital:73660
- Description: This research is dedicated to the development of a continuous flow process for the production and utilization of monosilane gas. The utilization of continuous flow techniques was instrumental in addressing the challenges and conditions associated with the handling of monosilane gas. Furthermore, the integration of Process Analytical Technologies (PAT) facilitated in-process monitoring and analysis. Chapter one of this research provides an extensive background and literature review encompassing the purification methods of silicon, the latest advancements in the direct synthesis of alkoxysilanes, current synthesis methods for monosilane, the various applications of monosilane, as well as the utilization of continuous flow technology and process analytical technologies. In chapter two, a detailed account of the experimental procedures employed in this research is presented. Chapter three delves into the results derived from each section of the research. The first section discusses an attempt to upscale the continuous flow synthesis of triethoxysilane, based on previous group research. Process Analytical Technologies (PAT), specifically thermocouples, were utilized in this endeavor. The study revealed temperature inconsistencies along the packed bed reactor, which had a notable impact on the reaction capabilities. The subsequent section explores the continuous flow synthesis of monosilane from triethoxysilane. A Design of Experiment (DoE) approach was employed to identify the optimal reaction conditions and compare the effectiveness of two catalysts. The study determined that Amberlyst-A26 emerged as the superior catalyst, offering stability and reasonable conversions over a 24-hour period. In a residence time of 6 minutes and at a temperature of 55 °C, the maximum triethoxysilane conversion of 100% was achieved. PAT, particularly inline FT-IR, was instrumental in monitoring catalyst activity, while continuous flow gas separation techniques facilitated the separation of monosilane. The research also demonstrated further applications of continuous flow techniques in the synthesis of monosilane from tetraethoxysilane and magnesium silicide. The former aimed to , Thesis (PhD) -- Faculty of Science, School of Biomolecular & Chemical Sciences, 2024
- Full Text:
- Date Issued: 2024-04
The perceived impact of subject choice on no-fee high schools and learners in Nelson Mandela Bay
- Authors: Roach, Pamela Ann
- Date: 2024-04
- Subjects: High school students -- Nelson Mandela Bay Municipality (South Africa) , High school teaching -- Nelson Mandela Bay Municipality (South Africa) , Education -- South Africa -- Evaluation , Prediction of scholastic success Academic achievement
- Language: English
- Type: Master's theses , text
- Identifier: http://hdl.handle.net/10948/65523 , vital:74184
- Description: The type of high school students attend, the subjects they complete in Grade 12, and the level of intellectual, emotional, and physical resources they can access in their home environments can impact a learner’s post-school education and training (PSET) success. Subject choice has been identified as one of the factors influencing the extent of learners’ opportunities at the further education and training (FET) level and later also at the PSET level. This study explored the perceived impact of learners’ subject-choice decisions at no-fee high schools in Nelson Mandela Bay. Systems theory, including systems thinking and supply chain management, and choice theory were used in exploring subject choice in the education service supply chain system. The degree to which subject choice was a limiter or expander of a learner’s options when moving from a high school to a post-school environment was explored. A qualitative exploratory, descriptive approach was used to assess subject choice processes in the education supply chain system. Convenience and purposive sampling were used to recruit nine participants from three no-fee high schools in Nelson Mandela Bay. Data was collected through open-ended individual interviews and analysed using thematic analysis. Four main themes emerged from the data analysis: Challenges, Power, Resources, and Fear of Failure. , Thesis (MBA) -- Faculty of Business and Economic Sciences, Business School, 2024
- Full Text: false
- Date Issued: 2024-04
- Authors: Roach, Pamela Ann
- Date: 2024-04
- Subjects: High school students -- Nelson Mandela Bay Municipality (South Africa) , High school teaching -- Nelson Mandela Bay Municipality (South Africa) , Education -- South Africa -- Evaluation , Prediction of scholastic success Academic achievement
- Language: English
- Type: Master's theses , text
- Identifier: http://hdl.handle.net/10948/65523 , vital:74184
- Description: The type of high school students attend, the subjects they complete in Grade 12, and the level of intellectual, emotional, and physical resources they can access in their home environments can impact a learner’s post-school education and training (PSET) success. Subject choice has been identified as one of the factors influencing the extent of learners’ opportunities at the further education and training (FET) level and later also at the PSET level. This study explored the perceived impact of learners’ subject-choice decisions at no-fee high schools in Nelson Mandela Bay. Systems theory, including systems thinking and supply chain management, and choice theory were used in exploring subject choice in the education service supply chain system. The degree to which subject choice was a limiter or expander of a learner’s options when moving from a high school to a post-school environment was explored. A qualitative exploratory, descriptive approach was used to assess subject choice processes in the education supply chain system. Convenience and purposive sampling were used to recruit nine participants from three no-fee high schools in Nelson Mandela Bay. Data was collected through open-ended individual interviews and analysed using thematic analysis. Four main themes emerged from the data analysis: Challenges, Power, Resources, and Fear of Failure. , Thesis (MBA) -- Faculty of Business and Economic Sciences, Business School, 2024
- Full Text: false
- Date Issued: 2024-04
The perception of pharmacists’ assistants (post-basic) in Gauteng on the appropriateness of the training received to their roles in pharmaceutical manufacturing
- Authors: Mamabolo, Makgano Tshepiso
- Date: 2024-04
- Subjects: Pharmaceutical industry -- Employees -- Training of -- South Africa , Pharmacy -- Study and teaching -- South Africa , Pharmaceutical industry -- South Africa
- Language: English
- Type: Master's theses , text
- Identifier: http://hdl.handle.net/10948/63878 , vital:73622
- Description: The concept of pharmacists as key providers of pharmaceutical services with supporting personnel is quite uniform across the world with differences in the requirements for the registration, scope of practice, and training approach. Pharmacy support personnel have been part of the workforce for many decades in South Africa, practicing in all pharmacy categories. Pharmacy support personnel are required to undergo training in the category in which they are employed and registered. There is limited literature on the scope of practice and training of pharmacy support personnel in pharmaceutical manufacturing. This research project was undertaken to determine the perceptions of pharmacists’ assistants (post-basic) in Gauteng on the appropriateness of the training received to their roles in pharmaceutical manufacturing. A descriptive qualitative design was employed for the study which involved pharmacists’ assistants (post-basic) who were trained and employed in pharmaceutical manufacturing. Semi-structured virtual interviews were conducted with the participants to gain their understanding regarding their experiences and perceptions of the training they received. The perception of participants on whether the training prepared them to their role was interpreted through thematic analysis. Pharmacists’ assistants (post-basic) perceptions regarding the training they have received to support their roles was generally positive, with an emphasis on the comprehensiveness and appropriateness of training. Participants supported their perceptions by providing scenarios in their workplace on how the training has improved their knowledge in performing their job functions and confidence in carrying out their duties. Differences in perceptions regarding preparedness of PAPBs to carry out their roles and responsibilities in pharmaceutical manufacturing were noted and appeared to be dependent on the nature of the role and the activities involved where further on-the-job training might be required. Participants also demonstrated an interest in the expansion of the curriculum to cover more specialised other aspects of the pharmaceutical manufacturing such as quality and regulatory. Participants perceived the education and training to prepare them for the roles and responsibilities in pharmaceutical manufacturing and recommendations for future research studies on training programmes and job functions for PSP were identified. , Thesis (MPharm) -- Faculty of Health Science, School of Clinical Care and Medicinal Sciences, 2024
- Full Text:
- Date Issued: 2024-04
- Authors: Mamabolo, Makgano Tshepiso
- Date: 2024-04
- Subjects: Pharmaceutical industry -- Employees -- Training of -- South Africa , Pharmacy -- Study and teaching -- South Africa , Pharmaceutical industry -- South Africa
- Language: English
- Type: Master's theses , text
- Identifier: http://hdl.handle.net/10948/63878 , vital:73622
- Description: The concept of pharmacists as key providers of pharmaceutical services with supporting personnel is quite uniform across the world with differences in the requirements for the registration, scope of practice, and training approach. Pharmacy support personnel have been part of the workforce for many decades in South Africa, practicing in all pharmacy categories. Pharmacy support personnel are required to undergo training in the category in which they are employed and registered. There is limited literature on the scope of practice and training of pharmacy support personnel in pharmaceutical manufacturing. This research project was undertaken to determine the perceptions of pharmacists’ assistants (post-basic) in Gauteng on the appropriateness of the training received to their roles in pharmaceutical manufacturing. A descriptive qualitative design was employed for the study which involved pharmacists’ assistants (post-basic) who were trained and employed in pharmaceutical manufacturing. Semi-structured virtual interviews were conducted with the participants to gain their understanding regarding their experiences and perceptions of the training they received. The perception of participants on whether the training prepared them to their role was interpreted through thematic analysis. Pharmacists’ assistants (post-basic) perceptions regarding the training they have received to support their roles was generally positive, with an emphasis on the comprehensiveness and appropriateness of training. Participants supported their perceptions by providing scenarios in their workplace on how the training has improved their knowledge in performing their job functions and confidence in carrying out their duties. Differences in perceptions regarding preparedness of PAPBs to carry out their roles and responsibilities in pharmaceutical manufacturing were noted and appeared to be dependent on the nature of the role and the activities involved where further on-the-job training might be required. Participants also demonstrated an interest in the expansion of the curriculum to cover more specialised other aspects of the pharmaceutical manufacturing such as quality and regulatory. Participants perceived the education and training to prepare them for the roles and responsibilities in pharmaceutical manufacturing and recommendations for future research studies on training programmes and job functions for PSP were identified. , Thesis (MPharm) -- Faculty of Health Science, School of Clinical Care and Medicinal Sciences, 2024
- Full Text:
- Date Issued: 2024-04
The performance of small construction firms in South Africa under the cost leadership strategy
- Authors: Karambakuwa, Ngonidzashe
- Date: 2024-04
- Subjects: Construction industry , Construction industry -- Management , Small business -- Management
- Language: English
- Type: Doctoral theses , text
- Identifier: http://hdl.handle.net/10948/64577 , vital:73768
- Description: Small construction firms in South Africa have been experiencing poor performance over the years. They have not been cost-efficient, resulting in profitability and viability challenges. These challenges have emanated from the firms’ lack of strategic focus. They have not consciously implemented appropriate strategies to enhance their performance. The cost leadership strategy is therefore a viable option for firms to address their viability challenges because winning contracts depends on submitting the lowest tender bids. This research sought to establish how small construction firms in South Africa could best implement the cost leadership strategy to improve their performance through developing a partial least squares structural equation model (PLS-SEM) to implement identified significant financial, human capital, innovation and technology strategies. The research followed a quantitative research approach. Data was collected through questionnaires, which were distributed to a sample of owners and managers of small construction firms in the provinces of South Africa. The population of the study consisted of small construction firms in grades 2 to 4 on the Construction Industry Development Board’s (CIDB) contractors register. The respondents, who were selected through stratified random sampling, were requested to rate the importance of finance, human capital, innovation and technology strategies in supporting the performance of their firms. A total of 155 usable questionnaires were returned. The data was analysed using the software SPSS Statistics - Version 28. Chi-square tests were used to identify the statistically significant financial, human capital, innovation and technology strategies for the performance of the firms. Furthermore, Mann-Whitney U and Kruskal-Wallis tests were used to determine the statistically significant differences in the respondents’ perceptions of the importance of the strategies due to demographics. Thereafter, a structural model was developed through SEM modelling to determine the relationship between the significant strategies and performance. The results established that increasing the available finance, creating higher incomes compared to costs, increasing contracts per annum and supporting the budget for innovation, significantly contributed to the performance of the construction firms. In addition, prioritising skills development, offering basic salaries with incentives, fostering a strong work ethic, and effective coordination of work were significant strategies. Recognising innovations in technology and human resources cost reductions and carefully promoting innovative ideas through the right support infrastructure were the most significant innovation strategies for performance. It was further established that the acquisition and effective use of computer software and hardware, with the relevant technical knowledge and technical tools, were significant technology strategies for firm performance. The study also established the existence of statistically significant differences in the perception of the importance of innovation and technology strategies due to types of work, and differences in the perception of financial strategies due to age (generation). A PSL-SEM implementation model consisting of statistically significant strategies and demographics was developed and presented graphically. It is recommended that small construction firms should adopt the model to strengthen value chain activities for better performance. The government, the CIDB and other stakeholders should fully support the implementation of the model. , Thesis (DPhil) -- Faculty of Engineering, the Built Environment and Technology, School of Built Environment and Civil Engineering, 2024
- Full Text:
- Date Issued: 2024-04
- Authors: Karambakuwa, Ngonidzashe
- Date: 2024-04
- Subjects: Construction industry , Construction industry -- Management , Small business -- Management
- Language: English
- Type: Doctoral theses , text
- Identifier: http://hdl.handle.net/10948/64577 , vital:73768
- Description: Small construction firms in South Africa have been experiencing poor performance over the years. They have not been cost-efficient, resulting in profitability and viability challenges. These challenges have emanated from the firms’ lack of strategic focus. They have not consciously implemented appropriate strategies to enhance their performance. The cost leadership strategy is therefore a viable option for firms to address their viability challenges because winning contracts depends on submitting the lowest tender bids. This research sought to establish how small construction firms in South Africa could best implement the cost leadership strategy to improve their performance through developing a partial least squares structural equation model (PLS-SEM) to implement identified significant financial, human capital, innovation and technology strategies. The research followed a quantitative research approach. Data was collected through questionnaires, which were distributed to a sample of owners and managers of small construction firms in the provinces of South Africa. The population of the study consisted of small construction firms in grades 2 to 4 on the Construction Industry Development Board’s (CIDB) contractors register. The respondents, who were selected through stratified random sampling, were requested to rate the importance of finance, human capital, innovation and technology strategies in supporting the performance of their firms. A total of 155 usable questionnaires were returned. The data was analysed using the software SPSS Statistics - Version 28. Chi-square tests were used to identify the statistically significant financial, human capital, innovation and technology strategies for the performance of the firms. Furthermore, Mann-Whitney U and Kruskal-Wallis tests were used to determine the statistically significant differences in the respondents’ perceptions of the importance of the strategies due to demographics. Thereafter, a structural model was developed through SEM modelling to determine the relationship between the significant strategies and performance. The results established that increasing the available finance, creating higher incomes compared to costs, increasing contracts per annum and supporting the budget for innovation, significantly contributed to the performance of the construction firms. In addition, prioritising skills development, offering basic salaries with incentives, fostering a strong work ethic, and effective coordination of work were significant strategies. Recognising innovations in technology and human resources cost reductions and carefully promoting innovative ideas through the right support infrastructure were the most significant innovation strategies for performance. It was further established that the acquisition and effective use of computer software and hardware, with the relevant technical knowledge and technical tools, were significant technology strategies for firm performance. The study also established the existence of statistically significant differences in the perception of the importance of innovation and technology strategies due to types of work, and differences in the perception of financial strategies due to age (generation). A PSL-SEM implementation model consisting of statistically significant strategies and demographics was developed and presented graphically. It is recommended that small construction firms should adopt the model to strengthen value chain activities for better performance. The government, the CIDB and other stakeholders should fully support the implementation of the model. , Thesis (DPhil) -- Faculty of Engineering, the Built Environment and Technology, School of Built Environment and Civil Engineering, 2024
- Full Text:
- Date Issued: 2024-04
The promotion of the right to access adequate housing for street children in Kenya
- Authors: Wanjala, Esther Nasimiyu
- Date: 2024-04
- Subjects: Children's rights , Children's act , Street children
- Language: English
- Type: Doctoral theses , text
- Identifier: http://hdl.handle.net/10948/64358 , vital:73679
- Description: This thesis explores the fundamental right to housing and shelter, recognised at national, regional, and international levels, focusing on its application to street children in Kenya. Despite constitutional provisions, street children in Kenya face exclusion from socio-economic interventions, particularly in the realm of housing and shelter. This exclusion stems from the absence of specific legislation addressing their unique needs. Existing laws, such as the Children Act, 2022 and the Housing Act, 2007 fall short of safeguarding the rights of street children, perpetuating discrimination based on economic status. The research examines international, regional, and national legal frameworks to uncover obstacles hindering street children from enjoying their legally protected human rights, including housing and shelter. Legal instruments such as the Universal Declaration of Human Rights, International Covenant on Economic, Social, and Cultural Rights, International Covenant on Civil and Political Rights, Convention on the Rights of the Child, the African Charter on Human and Peoples Rights, and the African Charter on the Rights and Welfare of a Child and policies like the Sustainable Development Goals 2030, the African Union Agenda 2063, and Agenda 2040 were considered. The research employed qualitative research methodology that included theoretical and non-empirical methods. It used a combination of descriptive, correlative, and limited comparative analysis of the status of street children in the East African Community State Parties of Tanzania, Uganda, and Rwanda, as well as South Africa. Theoretical perspectives, including human rights-based, vulnerability, othering, and capability theories, informed the discussions on improving the status of street children in Kenya. The study employed critical social justice and vulnerability theories to analyse how discrimination and prejudices in society can violate fundamental rights, particularly street children's rights. The findings of the study revealed the inadequate legal and institutional frameworks in promoting street children's rights in Kenya. The study referred to the best practices in the select East African Community State Parties and South Africa that Kenya can emulate to benefit street children and realise the right to shelter and adequate housing. The study recommends legal and policy reviews to protect street children's rights to adequate housing and shelter guided by constitutional and international standards. , Thesis (LLD) -- Faculty of Law, 2024
- Full Text:
- Date Issued: 2024-04
- Authors: Wanjala, Esther Nasimiyu
- Date: 2024-04
- Subjects: Children's rights , Children's act , Street children
- Language: English
- Type: Doctoral theses , text
- Identifier: http://hdl.handle.net/10948/64358 , vital:73679
- Description: This thesis explores the fundamental right to housing and shelter, recognised at national, regional, and international levels, focusing on its application to street children in Kenya. Despite constitutional provisions, street children in Kenya face exclusion from socio-economic interventions, particularly in the realm of housing and shelter. This exclusion stems from the absence of specific legislation addressing their unique needs. Existing laws, such as the Children Act, 2022 and the Housing Act, 2007 fall short of safeguarding the rights of street children, perpetuating discrimination based on economic status. The research examines international, regional, and national legal frameworks to uncover obstacles hindering street children from enjoying their legally protected human rights, including housing and shelter. Legal instruments such as the Universal Declaration of Human Rights, International Covenant on Economic, Social, and Cultural Rights, International Covenant on Civil and Political Rights, Convention on the Rights of the Child, the African Charter on Human and Peoples Rights, and the African Charter on the Rights and Welfare of a Child and policies like the Sustainable Development Goals 2030, the African Union Agenda 2063, and Agenda 2040 were considered. The research employed qualitative research methodology that included theoretical and non-empirical methods. It used a combination of descriptive, correlative, and limited comparative analysis of the status of street children in the East African Community State Parties of Tanzania, Uganda, and Rwanda, as well as South Africa. Theoretical perspectives, including human rights-based, vulnerability, othering, and capability theories, informed the discussions on improving the status of street children in Kenya. The study employed critical social justice and vulnerability theories to analyse how discrimination and prejudices in society can violate fundamental rights, particularly street children's rights. The findings of the study revealed the inadequate legal and institutional frameworks in promoting street children's rights in Kenya. The study referred to the best practices in the select East African Community State Parties and South Africa that Kenya can emulate to benefit street children and realise the right to shelter and adequate housing. The study recommends legal and policy reviews to protect street children's rights to adequate housing and shelter guided by constitutional and international standards. , Thesis (LLD) -- Faculty of Law, 2024
- Full Text:
- Date Issued: 2024-04
The right of non-unionised employees and minority unions to be consulted prior to dismissals based on operational requirements
- Karuaihe, Janee, Raahua, Sigfried
- Authors: Karuaihe, Janee, Raahua, Sigfried
- Date: 2024-04
- Subjects: Unfair labor practice , Employees--Dismissal , Labor unions
- Language: English
- Type: Master's theses , text
- Identifier: http://hdl.handle.net/10948/64481 , vital:73738
- Description: The position of workers and trade unions has changed drastically since the introduction of a Constitutional dispensation in South Africa. The Constitution affords both workers and trade unions protectable rights and greater influence at the workplace. To vindicate and assert these rights trade unions and workers approach the courts to vindicate these rights. Section 23 of the Constitution deals with labour rights and section 18 gives effect to the right to freedom of association. To give content to these rights the Constitution provides that courts must have regard to international law. In the context of these rights, one of the principles recognised by the International Labour Organisation through its Conventions is the principle of majoritarianism. In short, the principle endeavours to give effect to the will of trade unions representing the majority of employees in a workplace in relation to trade unions that represent the minority. This is achieved through collective bargaining, which typically results in the conclusion of collective agreements, whereby trade unions are given exclusive and or preferential rights. In AMCU v Royal Bafokeng the Constitutional Court held that, the principle of majoritarianism applies to and finds expression in section 189 of the Labour Relations Act. The effect of this judgment is that members of a minority trade union may be represented by a rival majority trade union during the consultation process when an employer has contemplated dismissals based on operational requirements. The minority judgement adopted a different approach, reasoning that, the principle of majoritarianism ought not to find application in the context of dismissals based on operational requirements. It found that section 189 is intended to give effect to the Constitutional right to fair labour practices and must therefore allow a fair procedure that permits an employee to choose who may represent him/her in a consultation process prior to dismissal. , Thesis (LLM) -- Faculty of Law, Department of Mercantile law, 2024
- Full Text:
- Date Issued: 2024-04
- Authors: Karuaihe, Janee, Raahua, Sigfried
- Date: 2024-04
- Subjects: Unfair labor practice , Employees--Dismissal , Labor unions
- Language: English
- Type: Master's theses , text
- Identifier: http://hdl.handle.net/10948/64481 , vital:73738
- Description: The position of workers and trade unions has changed drastically since the introduction of a Constitutional dispensation in South Africa. The Constitution affords both workers and trade unions protectable rights and greater influence at the workplace. To vindicate and assert these rights trade unions and workers approach the courts to vindicate these rights. Section 23 of the Constitution deals with labour rights and section 18 gives effect to the right to freedom of association. To give content to these rights the Constitution provides that courts must have regard to international law. In the context of these rights, one of the principles recognised by the International Labour Organisation through its Conventions is the principle of majoritarianism. In short, the principle endeavours to give effect to the will of trade unions representing the majority of employees in a workplace in relation to trade unions that represent the minority. This is achieved through collective bargaining, which typically results in the conclusion of collective agreements, whereby trade unions are given exclusive and or preferential rights. In AMCU v Royal Bafokeng the Constitutional Court held that, the principle of majoritarianism applies to and finds expression in section 189 of the Labour Relations Act. The effect of this judgment is that members of a minority trade union may be represented by a rival majority trade union during the consultation process when an employer has contemplated dismissals based on operational requirements. The minority judgement adopted a different approach, reasoning that, the principle of majoritarianism ought not to find application in the context of dismissals based on operational requirements. It found that section 189 is intended to give effect to the Constitutional right to fair labour practices and must therefore allow a fair procedure that permits an employee to choose who may represent him/her in a consultation process prior to dismissal. , Thesis (LLM) -- Faculty of Law, Department of Mercantile law, 2024
- Full Text:
- Date Issued: 2024-04
The right to parental leave for employees in same sex marriages
- Nonyukela, Thembelihle Yolanda
- Authors: Nonyukela, Thembelihle Yolanda
- Date: 2024-04
- Subjects: Family leave--Law and legislation , Same-sex marriage , Same-sex parents
- Language: English
- Type: Master's theses , text
- Identifier: http://hdl.handle.net/10948/66264 , vital:74467
- Description: The Constitutional Court declared in the much-celebrated decision of Minister of Home Affairs v Fourie that it was discriminatory “for the state to deny same-sex couples the right to marry.” The Civil Union Act became effective in 2006, and notwithstanding the statute's title, it permits same-sex marriages. The latter made South Africa one of the few nations globally to approve same-sex marriage and the first one on the continent. In fact, the legislation permits same-sex, together with heterosexual individuals, to enter into legally binding unions, and both parties can elect whether to call the relationship a marriage or just a civil relationship. Regardless of the moniker chosen, the ramifications in law remain identical to those enumerated in the Marriage Act, permitting only relationships between individuals of opposite genders. A few years before the legalization of same-sex marriages, rulings from the courts and legislation recognized permanent partnerships between people of the same gender for certain reasons, yet there was no system in place that provided a platform for partnership registration. A number of court judgments have established that a parent's sexual orientation should not be a factor in custody determinations. In 2002, a court ruled in Du Toit v Minister of Welfare and Population Development that same-sex couples had the same rights to adopt children as married couples. This meant that same-sex couples were entitled to adopt children together and that any partner could adopt the children of the other. The Children's Act, which has since replaced the adoption legislation, makes it possible for spouses and "partners in a permanent domestic life partnership" of any sexual orientation to adopt. In the case MIA v Information Technology Agency (Pty) Ltd, the paucity of comprehensive provisions for parental leave in South African law emerged to the forefront. In this particular case, the worker and his spouse entered into a civil union pursuant to the Civil Union Act. They agreed to start their own family and engaged in an arrangement for surrogate motherhood. The worker agreed to carry out the birth-mother's usual responsibilities. In contemplation of their child's delivery, the worker approached his employer requesting four months of maternity leave. The employer denied the request for leave on the pretext that the worker was not the mother of the child by blood. The worker petitioned the Labour Court for a decree directing the employer to provide her with maternity leave, arguing that the employer's denial constituted discrimination based on gender, sex, family responsibilities, and sexual orientation. The court concurred and ruled that permission to go on leave be granted. The court declared that there should be no exceptions to maternity leave for women who performed the employee's obligations, and that the duration of such leave should be the same as that for a biological mother. The court also determined that the best interests of the child being born must be considered when determining a mother's eligibility for maternity leave. The Labour Court noted that South African laws lagged behind in other areas of social development and related legislation. By failing to include parental leave for all potential 'parents' in its 'family law', it failed to attain the Constitution's goals regarding the rights of children and parents. Amendments to the Civil Union Act and the Children's Act made it possible for individuals in same-sex relationships to adopt children or enter surrogacy agreements and become parents. Legislation still does not grant these parents the right to parental leave. , Thesis (LLM) -- Faculty of Law, Department of Mercantile law (Labour Law), 2024
- Full Text:
- Date Issued: 2024-04
- Authors: Nonyukela, Thembelihle Yolanda
- Date: 2024-04
- Subjects: Family leave--Law and legislation , Same-sex marriage , Same-sex parents
- Language: English
- Type: Master's theses , text
- Identifier: http://hdl.handle.net/10948/66264 , vital:74467
- Description: The Constitutional Court declared in the much-celebrated decision of Minister of Home Affairs v Fourie that it was discriminatory “for the state to deny same-sex couples the right to marry.” The Civil Union Act became effective in 2006, and notwithstanding the statute's title, it permits same-sex marriages. The latter made South Africa one of the few nations globally to approve same-sex marriage and the first one on the continent. In fact, the legislation permits same-sex, together with heterosexual individuals, to enter into legally binding unions, and both parties can elect whether to call the relationship a marriage or just a civil relationship. Regardless of the moniker chosen, the ramifications in law remain identical to those enumerated in the Marriage Act, permitting only relationships between individuals of opposite genders. A few years before the legalization of same-sex marriages, rulings from the courts and legislation recognized permanent partnerships between people of the same gender for certain reasons, yet there was no system in place that provided a platform for partnership registration. A number of court judgments have established that a parent's sexual orientation should not be a factor in custody determinations. In 2002, a court ruled in Du Toit v Minister of Welfare and Population Development that same-sex couples had the same rights to adopt children as married couples. This meant that same-sex couples were entitled to adopt children together and that any partner could adopt the children of the other. The Children's Act, which has since replaced the adoption legislation, makes it possible for spouses and "partners in a permanent domestic life partnership" of any sexual orientation to adopt. In the case MIA v Information Technology Agency (Pty) Ltd, the paucity of comprehensive provisions for parental leave in South African law emerged to the forefront. In this particular case, the worker and his spouse entered into a civil union pursuant to the Civil Union Act. They agreed to start their own family and engaged in an arrangement for surrogate motherhood. The worker agreed to carry out the birth-mother's usual responsibilities. In contemplation of their child's delivery, the worker approached his employer requesting four months of maternity leave. The employer denied the request for leave on the pretext that the worker was not the mother of the child by blood. The worker petitioned the Labour Court for a decree directing the employer to provide her with maternity leave, arguing that the employer's denial constituted discrimination based on gender, sex, family responsibilities, and sexual orientation. The court concurred and ruled that permission to go on leave be granted. The court declared that there should be no exceptions to maternity leave for women who performed the employee's obligations, and that the duration of such leave should be the same as that for a biological mother. The court also determined that the best interests of the child being born must be considered when determining a mother's eligibility for maternity leave. The Labour Court noted that South African laws lagged behind in other areas of social development and related legislation. By failing to include parental leave for all potential 'parents' in its 'family law', it failed to attain the Constitution's goals regarding the rights of children and parents. Amendments to the Civil Union Act and the Children's Act made it possible for individuals in same-sex relationships to adopt children or enter surrogacy agreements and become parents. Legislation still does not grant these parents the right to parental leave. , Thesis (LLM) -- Faculty of Law, Department of Mercantile law (Labour Law), 2024
- Full Text:
- Date Issued: 2024-04
The role of community-based organisations in addressing youth unemployment: a case of Duncan Village and Gompo Township in the Buffalo City Metro
- Authors: Nkosi, Sibongile Charity
- Date: 2024-04
- Subjects: Community-based organisations -- South Africa -- Eastern Cape -- East London , Youth -- Employment -- South Africa -- Eastern Cape -- East London , Unemployed youth -- South Africa -- Eastern Cape -- East London
- Language: English
- Type: Master's theses , text
- Identifier: http://hdl.handle.net/10948/65314 , vital:74091
- Description: Youth unemployment continues to be a challenge and a complex problem driven by myriad issues despite significant investments into policies and programmes on both the demand and supply side of the labour market. There is a recognition among scholars that partnerships by all actors (such as government, private sector, and communities) through community-based organisations (CBOs) have the potential to significantly contribute to tackling youth unemployment. Yet there is scant research on the role of CBOs in tackling this challenge. Much research focus has been on the state and the private sector roles, and less attention on CBOs despite their proximity to communities directly affected by youth unemployment. However, it has become apparent that understanding the role of CBOs is essential in designing impactful and sustainable youth employment interventions. This research endeavoured to fill a void in the existing literature by examining how CBOs address youth unemployment in the Duncan Village and Gompo Township in the Eastern Cape province of South Africa. The underpinning theoretical framework that guided the study was community development and participation and empowerment approaches. A case study design was utilised to undertake the research. A total of 20 participants (CBOs, youth, government officials, and business sector representatives) were interviewed. Thematic analysis was applied to analyse collected data, which entailed coding and the development of categories or themes. The ATLAS.ti computer software aided this process. The findings indicated that numerous CBOs offer youths work readiness programmes, agricultural education, and training on important skills such as effective communication, time management, teamwork, and business skills, among others. These programmes equip young people with work experience and provide financial support in the form of stipends. Additionally, they keep them occupied and productive to deter engagement in criminal activity and substance abuse. The study's findings bring forth information to the policymakers and social actors on how interventions implemented by CBOs contribute to addressing youths’ needs due to their proximity to communities. Also, recommendations highlight ways for CBOs to improve their support and the contribution of the government and private sector, as well as emphasise the significance of partnerships in effectively addressing youth unemployment through community-led initiatives. , Thesis (MA) -- Faculty of Business and Economic Sciences, School of Economics, Development and Tourism, 2024
- Full Text:
- Date Issued: 2024-04
- Authors: Nkosi, Sibongile Charity
- Date: 2024-04
- Subjects: Community-based organisations -- South Africa -- Eastern Cape -- East London , Youth -- Employment -- South Africa -- Eastern Cape -- East London , Unemployed youth -- South Africa -- Eastern Cape -- East London
- Language: English
- Type: Master's theses , text
- Identifier: http://hdl.handle.net/10948/65314 , vital:74091
- Description: Youth unemployment continues to be a challenge and a complex problem driven by myriad issues despite significant investments into policies and programmes on both the demand and supply side of the labour market. There is a recognition among scholars that partnerships by all actors (such as government, private sector, and communities) through community-based organisations (CBOs) have the potential to significantly contribute to tackling youth unemployment. Yet there is scant research on the role of CBOs in tackling this challenge. Much research focus has been on the state and the private sector roles, and less attention on CBOs despite their proximity to communities directly affected by youth unemployment. However, it has become apparent that understanding the role of CBOs is essential in designing impactful and sustainable youth employment interventions. This research endeavoured to fill a void in the existing literature by examining how CBOs address youth unemployment in the Duncan Village and Gompo Township in the Eastern Cape province of South Africa. The underpinning theoretical framework that guided the study was community development and participation and empowerment approaches. A case study design was utilised to undertake the research. A total of 20 participants (CBOs, youth, government officials, and business sector representatives) were interviewed. Thematic analysis was applied to analyse collected data, which entailed coding and the development of categories or themes. The ATLAS.ti computer software aided this process. The findings indicated that numerous CBOs offer youths work readiness programmes, agricultural education, and training on important skills such as effective communication, time management, teamwork, and business skills, among others. These programmes equip young people with work experience and provide financial support in the form of stipends. Additionally, they keep them occupied and productive to deter engagement in criminal activity and substance abuse. The study's findings bring forth information to the policymakers and social actors on how interventions implemented by CBOs contribute to addressing youths’ needs due to their proximity to communities. Also, recommendations highlight ways for CBOs to improve their support and the contribution of the government and private sector, as well as emphasise the significance of partnerships in effectively addressing youth unemployment through community-led initiatives. , Thesis (MA) -- Faculty of Business and Economic Sciences, School of Economics, Development and Tourism, 2024
- Full Text:
- Date Issued: 2024-04