Search results for: Constitution of South Africa

Authors: Bulelani Ngamntwini, Liezel Cilliers

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South Africa has one of the highest prevalence of obese people on the African continent. Forty-six percent of the adults in South Africa are physically inactive. Fitness applications can be used to increase physical inactivity. However, the uptake of mobile fitness applications in South Africa has been found to be poor due to usability challenges with the technology. The study developed a usability framework to influence the intention to use mobile fitness applications in South Africa. The study made use of a positivistic approach to collect data. A questionnaire was used to collect quantitative data from 377 respondents that have used mobile fitness applications in the past. A response rate of 80.90% was recorded. To analyse the data, the Pearson correlation was used to determine the relationships between the various hypotheses. There are four usability factors, efficiency, effectiveness, satisfaction, and learnability, which contribute to the intention of users to make use of mobile fitness applications. The study, therefore, recommends that for a mobile fitness application to be successful, these four factors must be considered and incorporated by developers when designing the applications.

Keywords: obese, overweight, physical inactivity, mobile fitness application, usability factors

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Authors: Gert Van Schalkwyk, Chris Cloete

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South Africa is experiencing a massive housing backlog in urban low-cost housing. A backlog in the transfer of low-cost housing units is exacerbated by various impediments and delays that exist in the current legal framework. Structured interviews were conducted with forty-five practicing conveyancers and fifteen deeds office examiners at the Deeds Office in Pretoria, South Africa. One of the largest, the Deeds Office in Pretoria implements a uniform registration process and can be regarded as representative of other deeds offices in South Africa. It was established that a low percentage of low-cost properties are freely transferable. The main economic impediments are the absence of financing and the affordability or payment of rates and taxes to local government. Encroachment of buildings on neighboring stands caused by the enlargement of existing small units on small stands also causes long-term unresolved legal disputes. In addition, as the transfer of properties is dependent on the proper functioning of administrative functions of various government departments, the adverse service delivery of government departments hampers transfer. Addressing the identified problems will contribute to a more sustainable process for the transfer of low-cost housing units in South Africa.

Keywords: conveyancing, low-cost housing, South Africa, tenure, titling, transfer

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Authors: R. Khoza, K. K. Govender

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The aim of the study was to review and critically evaluate the supply chain management (SCM) strategies and challenges in the private residential construction sector in South Africa. The study was grounded in three theories, namely, theory of constraints, principal-agency theory, and stakeholder theory. A quantitative approach was used to survey 320 private residential construction companies which registered with the National Homebuilders Registration Council (NHBRC) within the Gauteng province. The data from 250 questionnaires returned were analysed using SPSS (Versions 23) and Smart PLS. It became evident that the SCM challenges included lack of trust between the supplier and the organization; lack of adoption of SCM system; lack of a sufficiently skilled SCM workforce; and poor implementation of contract management. The findings also indicate that there is a significant positive relationship between the performance of the private residential construction sector in South Africa and SCM challenges, SCM strategies and SCM processes. A framework is proposed comprising SCM practices and strategies of private residential construction sector in South Africa, which will enable them to enhance performance.

Keywords: management challenges, residential housing, South Africa, supply chain management

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Authors: Z. Goosen, E. J. Cilliers

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Referring to the entire green network within urban environments, at all spatial scales, green infrastructure is considered as an important constituent of sustainable development within urban areas through planning for a healthy environment and simultaneously improving quality of life for the people. Green infrastructure has made its appearance internationally in terms of the infrastructural urban environment focussing on ecological systems and sustaining society while building with nature. Within South Africa, the terminology of green infrastructure has, however, not continuously been entertained, mainly due to more pressing realities and challenges faced within urban areas of South Africa that include but are not limited to basic service provision, financial constraints and a lack of guiding policies and frameworks. But the notion of green infrastructure planning has changes, creating a newfound movement within urban areas of South Africa encouraging green infrastructure for urban resilience. Although green infrastructure is not an entirely new concept within the local context of South Africa, the benefits thereof constantly needs to be identified in order to measure the value of green infrastructure. Consequently challenges faces within urban areas of South Africa, in terms of human and nature, could be restored through focussing on a sustainable green infrastructure approach. This study does not focus on the pressing challenges and realities faced within urban areas of South Africa but rather aims solely on improving a green infrastructure approach within urban areas of South Africa. At the outset, the study will commence by introducing the concept of a green infrastructure approach by means of a local and international comparison. This will ensure an improved conceptual understanding of green infrastructure within a local South African context. The green infrastructure concept will be elaborated on through the inclusion of South African case study evaluations. The selected case studies will illustrate existing green infrastructure implementation within South Africa along with the benefits provided through the implementation thereof in terms of human (the people) and nature (the natural environment). As green infrastructure within South Africa continues to remain a fairly new concept with moderate levels of implementation thereof, room for improving on the approach in terms of implementation and maintenance exist. For this reason, the study will conclude with alternative green infrastructure suggestions and approaches to possibly be enforced within South Africa, led by international best practices.

Keywords: green infrastructure, international best practices, sustainability, urban South Africa

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Authors: Wanda Luen-Wun Siu, Xiaowen Zhang

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The outbreak of the COVID-19 epidemic has caused great difficulties for South-South cooperation, but there are also opportunities. China’s health diplomacy has changed from dispatching medical teams, assisting in the construction of hospitals, and encouraging medical investment in the Africa health sector. This paper adopted a retrospective review of China’s health diplomacy in Africa from 1963 to 2020. Findings suggested that China has a preference for aiding Africa health infrastructure and sending medical teams to African countries. China’s health diplomacy in Africa is a success and has established secure diplomatic relations with African countries, thanks to the medical and health assistance to Africa over 60 years. This research contributes to the literature of health diplomacy and foreign relations and indicates that China’s health aid has fostered cooperation at the medical and diplomatic levels.

Keywords: Africa, china’s health diplomacy, COVID-19, bilateral relations

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Authors: Zakhile Somlata

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In the context of international linguistic and cultural diversity, all languages can be used for all purposes. Africa in general and South Africa, in particular, is not an exception to multilingual and multicultural society. The multilingual and multicultural nature of South African society has a direct bearing to the heterogeneity of South African Universities in general. Universities as the centers of research, innovation, and transformation of the entire society should be at the forefront in leading multilingualism. The universities in South Africa had been using English and to a certain extent Afrikaans as the only academic languages during colonialism and apartheid regime. The democratic breakthrough of 1994 brought linguistic relief in South Africa. The Constitution of the Republic of South Africa recognizes 11 official languages that should enjoy parity of esteem for the realization of multilingualism. The elevation of the nine previously marginalized indigenous African languages as academic languages in higher education is central to multilingualism. It is high time that Afrocentric model instead of Eurocentric model should be the one which underpins education system in South Africa at all levels. Almost all South African universities have their language policies that seek to promote access and success of students through multilingualism, but the main dilemma is the implementation of language policies. This study is significant to respond to two objectives: (i) To evaluate how selected institutions use language policies for accessibility and success of students. (ii) To study how selected universities integrate African languages for both academic and administrative purposes. This paper reflects the language policy practices in one selected University of Technology (UoT) in South Africa. The UoT has its own language policy which depicts linguistic diversity of the institution and its commitment to promote multilingualism. Translanguaging pedagogy which accommodates minority languages' usage in the teaching and learning process plays a pivotal role in promoting multilingualism. This research paper employs mixed methods (quantitative and qualitative research) approach. Qualitative data has been collected from the key informants (insiders and experts), while quantitative data has been collected from a cohort of third-year students. A mixed methods approach with its convergent parallel design allows the data to be collected separately, analysed separately but with the comparison of the results. Language development initiatives have been discussed within the framework of language policy and policy implementation strategies. Theoretically, this paper is rooted in language as a problem, language as a right and language as a resource. The findings demonstrate that despite being a multilingual institution, there is a perpetuation of marginalization of African languages to be used as academic languages. Findings further display the hegemony of English. The promotion of status quo compromises the promotion of multilingualism, Africanization of Higher Education and intellectualization of indigenous African languages in South Africa under a democratic dispensation.

Keywords: afro-centric model, hegemony of English, language as a resource, translanguaging pedagogy

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Authors: Noel Chellan

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Energy is the life-blood of development. All human societies have been and still are dependent on energy – some societies more than others. With regard to energy in South Africa, previous policies of the apartheid regime neglected the energy needs of poor black communities in general – and rural communities in particular. Since South Africa’s first democratic elections in 1994 – whilst millions of South African households have received electricity from the national electricity grid, there are still many rural communities that are still experiencing challenges in relation to both electricity deprivation as well as provision. This paper looks at the energy-mix of the Mnweni rural community in South Africa and argues that understanding energy is key to understanding the nature and forms of development of any community or country, for that matter. The paper engages with the energy trends in the rural community of Mnweni from the days of apartheid until 2021. It also looks at agricultural practises from an energy perspective. Such an energy perspective will enable one to assess the pace and scale of development in rural Mnweni.

Keywords: rural, energy, development, apartheid

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Authors: Amy Gooden, Meshandren Naidoo

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Genetic research is not confined to a particular jurisdiction. Using direct-to-consumer genetic testing (DTC-GT) as an example, this research assesses the status of data sharing into and out of South Africa (SA). While SA laws cover the sending of genetic data out of SA, prohibiting such transfer unless a legal ground exists, the position where genetic data comes into the country depends on the laws of the country from where it is sent – making the legal position less clear.

Keywords: cross-border, data, genetic testing, law, regulation, research, sharing, South Africa

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Authors: Anthony Iyenjamu, Josiah Adeyemo

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Due to the increasing water scarcity in South Africa, the prime focus of irrigation in South Africa shifts to creating feasible water sources and the efficient use of these sources. These irrigation systems in South Africa are implemented because of low and erratic rainfall and high evaporative demand. Irrigation contributes significantly to crop production in South Africa, as the mean annual precipitation for the country is usually less than 500mm. This is considered to be the minimum required for rain fed cropping. Even though the rainfall is low, a lot of the water in various areas in South Africa is lost due to runoff into storm water systems that run to the rivers and eventually into the sea. This study reviews the irrigation systems in South Africa which can be vastly improved by creating irrigation dams. A method of which may seem costly at first but rewarding with time. The study investigates the process of creating dam capacity capable of sustaining a suitable area size of land to be irrigated and thus diverting all runoff into these dams. This type of infrastructure method vastly improves various sectors in our irrigation systems. Extensive research is carried out in the surrounding area in which the dam should be constructed. Rainfall patterns and rainfall data is used for calculations of which period the dam will be at its optimum using rainfall. The size of the area irrigated was used to calculate the size of the irrigation dam to be constructed. The location of the dam must be situated as close to the river as possible to minimize the excessive use of pipelines to the dam. This study also investigated all existing resources to alleviate the cost. It was found that irrigation dams could solve the erratic distribution of rainfall in South Africa for irrigation purposes.

Keywords: irrigation, rainfed, rain harvesting, reservoir

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Authors: G. Fouché, J. N. Eloff, K. Wellington

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Acaricides are commonly used to control ticks but are toxic, harmful to the environment and too expensive to resource-limited farmers. Traditionally, many communities in South Africa rely on a wide range of indigenous practices to keep their livestock healthy. One of these health care practices includes the use of medicinal plants and this offers an alternative to conventional medicine. An investigation was conducted at the CSIR in South Africa, and selected indigenous plants used in communities were scientifically evaluated for the management of ticks in animals. 17 plants were selected from 239 plants used traditionally in South Africa. Two different organic extracts were prepared from the 17 samples, resulting in 34 plant samples. These were tested for efficacy against two tick species, namely Rhipicephalus microplus and Rhipicephalus turanicus. The plant extracts were also screened against Vero cells and most were found to have low cytotoxicity. This study has shown that there is potential for the development of botanicals as natural acaricides against ticks that are non-toxic and environmentally benign.

Keywords: South Africa, ticks, plant extracts, Rhipicephalus (Boophilus) microplus

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Authors: Sibonginkosi Mazibuko

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The “adoption” of the Freedom Charter in 1955 at Kliptown south of Johannesburg, South Africa represented a desire to create a society that is based on common citizenship, and democracy. The architects of the Charter had a vision of a society that lived in peace with itself. Today, the Charter is still promoted as the best thing that ever happened to a society ravaged by racism, dispossession, oppression and exploitation – a society divided in all aspects of its life. This paper moves from the understanding that land is fundamental to all life. It interrogates the Charter’s claim on land. At a time when the colonised world sought to free themselves from the chains of colonialism and Africans throughout the continent demanded Africa for the Africans, the Freedom Charter claimed South Africa for all who lived in it. To the extent that this paper problematizes the philosophical underpinnings of the Charter, it uses the methodology of dialectic materialism to understand the theoretical basis of the Freedom Charter. The paper argues that the understanding, desire and the vision of the Freedom Charter were, as they are today, irreconcilable. To that effect and in pursuit of narrow class interests, the Charter justified land dispossession and unsustainable living conditions for the dispossessed majority. The paper then concludes that, by misrepresenting the critically fundamental land question, the Charter tried to reconcile the dispossessed with their dispossession and thus reflected coloniality and whiteness long before colonialism and settler-colonialism came to an end in South Africa.

Keywords: colonialism, contradictions, freedom charter, South Africa

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Authors: Temitope L. A. Leshoro

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This study explored several variables that enhance economic growth in South Africa, based on different growth theories while using the vector error correction model (VECM) technique. The impacts and contributions of each of these variables on GDP in South Africa were investigated. The motivation for this study was as a result of the weak economic growth that the country has been experiencing lately, as well as the continuous increase in unemployment rate and deteriorating health care system. Annual data spanning over the period 1974 to 2013 was employed. The results showed that the major determinants of GDP are trade openness, government spending, and health indicator; as these variables are not only economically significant but also statistically significant in explaining the changes in GDP in South Africa. Policy recommendations for economic growth enhancement are suggested based on the findings of this study.

Keywords: economic growth, GDP, investment, health indicator, VECM

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Authors: Amy Gooden

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Despite its prevalence, direct-to-consumer genetic testing (DTC-GT) remains under-investigated in South Africa (SA), and the issue of regulation is yet to be examined. Therefore, this research maps the current legal landscape relating to DTC-GT in SA through a legal analysis of the extant law relevant to the industry and the issues associated therewith – with the intention of determining if and how DTC-GT is legally governed. This research analyses: whether consumers are legally permitted to collect their saliva; whether DTC-GT are medical devices; licensing, registering, and advertising; importing and exporting; and genetic research conducted by companies.

Keywords: direct-to-consumer genetic testing, genetic testing, health, law, regulation, South Africa

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Authors: Fikile Xaki, Zendy Magayiyana

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The increasing population and urbanization, with the demand for land and development, has had adverse impacts on wetland areas which has resulted in changing the hydrology and water chemistry of wetlands, affecting the water supply and water quality in urban areas like the Highland View, a residential area in Mbizana, South Africa. The settlement development in Highland View has led to wetland degradation due to land uses like agriculture and conversion of wetland for settlement development. Interviews with the local community were conducted to show how settlement development on wetland affects them. The results indicated that the environmental rights of people as according to Section 24 of the South African Constitution are compromised, and sustainable development was not put into consideration during development. With the results from the survey - through questionnaires for the Mbizana Local Municipality and the community, it was clear that the community needs education and capacity building on wetland management and conservation. Geographic Information Systems (GIS) was used to map physical properties of the Highland View wetland and houses built on the wetland. With all the information gathered from the research, it was clear that local municipality, together with hydrologists, needs to develop an environmental management framework to protect the wetlands.

Keywords: sustainable development, wetlands, human settlement, water

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Authors: Betty Chiyangwa

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This is a work in progress project focused on exploring the complexities surrounding the second generation Mozambican migrant youth’s experiences to construct their identity and develop a sense of belonging in post-apartheid, Bushbuckridge in South Africa. Established in 1884, Bushbuckridge is one of the earliest districts to accommodate Mozambicans who migrated to South Africa in the 1970s. Bushbuckridge as a destination for Mozambican migrants is crucial to their search for social freedom and space to “belong to.” The action of deliberately seeking freedom is known as an act of agency. Four major objectives govern the paper. The first objective observes how second-generation Mozambican migrant youth living in South Africa negotiate and construct their own identities. Secondly, it explores second-generation Mozambican migrant youth narratives regarding their sense of belonging in South Africa. Thirdly, the study intends to understand how social processes of identity and belonging influence second-generation Mozambican migrant youth experiences and future aspirations in South Africa. The last objective examines how Sen’s Capability approach is relevant in understanding second-generation Mozambican migrant youth identity and belonging in South Africa. This is a single case study informed by data from semi-structured interviews and narratives with youth between the ages of 18 and 34 who are born and raised in South Africa to at least one former Mozambican refugee parent living in Bushbuckridge. Drawing from Crenshaw’s Intersectionality and Sen’s Capability approaches, this study significantly contributes to the existing body of knowledge on South to South migration by demonstrating how both approaches can be operationalized towards understanding complex experiences and capabilities of the disadvantaged group simultaneously. The subject of second-generation migrants is often under-researched in South African migration; thus, their perspectives have been marginalized in Social Science research.

Keywords: second-generation, Mozambican, migrant, youth, bushbuckridge

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Authors: Albert Herve Nkolo Mpoko

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The Foreign Direct Investment (FDI) landscape in Cameroon has garnered significant attention from both European and Asian nations due to perceived benefits such as capital infusion, technology transfer, and potential for economic expansion. However, it is noteworthy that South Africa's investment presence remains comparatively subdued in Cameroon, lagging behind that of Europe and Asia. Equally surprising is the limited footprint of Africa's economic powerhouse within other African economies. This study delved into four specific facets of South African investment in Cameroon. Initially, it focused on identifying South African companies operating within Cameroon. Subsequently, the analysis encompassed assessing the correlation between South African investment and poverty alleviation. Additionally, the study examined the nexus between South African investment and technological advancement, and underscored the significance of investment incentives in both countries Key findings of the research shed light on several crucial points. South Africa ought to reassess its economic engagement with Francophone Africa, particularly Cameroon. Despite existing policies aimed at fostering investment, there remains substantial ground to cover in this realm. The proliferation of South African enterprises in Cameroon holds the potential to ameliorate poverty and foster employment opportunities across both nations. The advent of South African firms in Cameroon can catalyse technological advancements within the region. Data collection involved surveying 100 executives from the respective administrations and conducting ten interviews. The gathered data underwent triangulation, wherein quantitative findings were juxtaposed with qualitative insights. In conclusion, the study underscores the underutilization of Cameroon by South Africa, emphasizing the untapped potential for mutual economic growth. Furthermore, it posits that the success of South Africa's multinational corporations abroad could serve as a pivotal pillar for sustaining its domestic economy.

Keywords: FDI, transfer of technology, South-South cooperation, mutual economic growth

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Authors: Goodness C. Aye

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This paper examines the effect of the volatility of oil prices on food price in South Africa using monthly data covering the period 2002:01 to 2014:09. Food price is measured by the South African consumer price index for food while oil price is proxied by the Brent crude oil. The study employs the GARCH-in-mean VAR model, which allows the investigation of the effect of a negative and positive shock in oil price volatility on food price. The model also allows the oil price uncertainty to be measured as the conditional standard deviation of a one-step-ahead forecast error of the change in oil price. The results show that oil price uncertainty has a positive and significant effect on food price in South Africa. The responses of food price to a positive and negative oil price shocks is asymmetric.

Keywords: oil price volatility, food price, bivariate, GARCH-in-mean VAR, asymmetric

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Authors: Ogbu Harry Omilonye

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This paper examines protest as a literary mechanism against the unpopular political policy of the white minority regime in South Africa. It examines some of Mtshali’s poems as examples of protest poetry, showing how he deploys his artistic acumen in the popular struggle of the oppressed South Africans against the aberrations and obnoxious apartheid policy.

Keywords: protest poetry, poems, minority, oppression

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Authors: Sudir Silwal, Surendra KC

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Nepalese legal system was derived from Hindu sacred before the democratic movement in 1990. Before this movement, Nepal had a patrimonial system. Nepal has ratified the UN Convention on the Elimination of all forms of Discrimination Against Women (CEDAW). Women organizations of the various political parties, different social organizations and women activists are playing the significant role to empower the women through the social awareness campaign across the country. As a result, 33% women representation in the local government has ascertained by the current constitution. The Constitution of Nepal-2015 has mentioned the rights of women as a fundamental right and it also has provisioned the National Women Commission as the constitutional body. This constitution is the model of gender friendly constitution in the world. As per this constitution, the Citizenship certificate is issued based on the lineage of the mother or father along with gender identity. The current constitution has guaranteed 33% women participation in judiciary, bureaucracy and legislation. This constitution further states that the parliament must elect a woman either as the president or the vice president. Similarly same rule is applied to elect the speaker and the deputy speaker in the parliament. In the same constitution, rights of the third gender also has guaranteed. The guiding principles of the constitution further explain that the constitution has followed the rule of positive discrimination and proportional representation of women in all elements of the state. This study shows that the state is not only focused in the representation of women in all structure of the nation but also need to emphasize the enhancement of the capability of the women to make them equal to the men.

Keywords: constitution, empowerment, representation, women's rights

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Authors: Rian de Villiers

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Human mobility is one of the most significant development, foreign policy and domestic issues in the world today. Teacher loss due to migration is a global phenomenon that is impacting both developed and developing nations the world over. The purpose of this study was to find out how many newly qualified South African teachers were planning to teach in a foreign country; what were the prospective migrant teachers’ motives for migration; what destination countries were the most popular and why; and what were the prospective migrant teachers’ information needs before leaving South Africa. A group of final-year Bachelor of Education student teachers from a single university responded to a questionnaire on intra-and intercontinental migration. The responses were analysed quantitatively and/or qualitatively. The findings showed that 79% of the students indicated that they would be teaching in South Africa, 9% were planning to teach in another country, while 8% were undecided. More than a third of the students (38%) said that they would like to teach in another country in five years time. Just more than a quarter of the students (27%) preferred Australia as a destination, followed by the United Kingdom (16%), Korea (16%) and the USA (14%). The student teachers’ most important motive to teach in a foreign country was the opportunity to travel (27%), followed by earning a higher salary (26%) and professional development (23%). The student teachers indicated that their most important migration needs before leaving South Africa were information about health care, accommodation and banking assistance. Huge loss of teachers to host countries has a serious, negative impact upon the education system of most developing and/or source countries, including South Africa. Several steps and strategies to resolve teacher loss in South Africa are discussed.

Keywords: migration, academic mobility, teachers, teacher students, South Africa

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Authors: Amy Gooden, Meshandren Naidoo

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Genetic research and transfers of big data are not confined to a particular jurisdiction, but there is a lack of clarity regarding the legal requirements for importing and exporting such data. Using direct-to-consumer genetic testing (DTC-GT) as an example, this research assesses the status of data sharing into and out of South Africa (SA). While SA laws cover the sending of genetic data out of SA, prohibiting such transfer unless a legal ground exists, the position where genetic data comes into the country depends on the laws of the country from where it is sent – making the legal position less clear.

Keywords: cross-border, data, genetic testing, law, regulation, research, sharing, South Africa

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Authors: Andrew Rylance, Anna Spenceley

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An evaluation was undertaken to understand opportunities for stimulating local enterprise development within the tourism supply chain, linked to a private game reserve in South Africa, the Sabi Sand Game Reserve, which neighbors the Kruger National Park. The study focused on understanding the market demand for local products and services from commercial lodges, and the current local supply from enterprises and entrepreneurs in local communities. This article quantifies the value of current procurement spend by lodges on local products and services and estimates their potential future expenditure. The study matches these responses with the availability of products and services in the neighboring communities. It also provides insights into relationships between private lodges, game reserves and local communities in South Africa. It concurs with previous research on tourism supply chains in rural South Africa, and also makes recommendations for the development of local businesses with higher technical capacity development.

Keywords: tourism, communities, business development, South Africa, Sabi Sand Game Reserve, market study, supply study

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Authors: Collen Maseloane, Chris Cloete

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The study investigated the status of building condition assessments of state-owned immovable assets in South Africa. A stratified random sample of 200 (out of 372) personnel was drawn from the eight rele-vant business units of the Department of Public Works (DPW). A questionnaire comprising open-ended questions was distributed to the sampled participants and a total of 139 completed questionnaires were received. A significant number of state asset properties were found to be in poor condition owing to the asset managers’ inability to access automated information on the conditions of assets. It is recommended that the immovable asset register of the Department requires constant enhancement to update information on the condition of each state-owned immovable asset under its custodianship. Implementation of the proposals should contribute to the maintenance of the value of state assets in South Africa.

Keywords: building condition assessment, immovable asset register, life cycle asset management, public works, South Africa

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Authors: Carlos Joel Tchawouo Mbiada

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At the back of the apartheid era, South Africa embarked on a democratic drive of all its institution underpinned by a social justice perspective to eradicate past injustices. These democratic values based on fundamental human rights and equality informed all rights enshrined in the Constitution of the Republic of South Africa, 1996. This means that all rights are therefore infused by social justice perspective and labour rights are no exception. Labour law is therefore regulated to the extent that it is viewed as too rigid. Hence a call for more flexibility to enhance investment and boost job creation. This view articulated by the Free Market Foundation fell on deaf ears as the opponents believe in what is termed regulated flexibility which affords greater protection to vulnerable workers while promoting business opportunities and investment. The question that this paper seeks to examine is to what extent the regulation of labour law will go to protect employees. This question is prompted by the recent Constitutional Court’s judgment of National Union of Metalworkers of South Africa v Trenstar which barred the employer from employing labour replacement in response to the strike action by its employees. The question whether employers may use replacement labour and have recourse to lock-outs in response to strike action is considered in the context of the dichotomy between the Free market foundation and social justice perspectives which are at loggerheads in the South African collective bargaining process. With the current unemployment rate soaring constantly, the aftermath of the Covid 19 pandemic, the effects of the war in Ukraine and lately the financial burden of load shedding on companies to run their businesses, this paper argues for a policy shift toward deregulation or a lesser state and judiciary intervention. This initiative will relieve the burden on companies to run a viable business while at the same time protecting existing jobs.

Keywords: labour law, replacement labour, right to strike, free market foundation perspective, social justice perspective

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Authors: Ali Conn, Kimberly Allen

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Food and nutrition play a significant role in humans. It helps them function, grow, and develop into better individuals. However, as essential as food may seem to most people, it is not the case for everyone. South Africans, for example, have been suffering from hunger and poverty for the longest time now. With the spread of the COVID-19 virus, their situations have become worse. Millions of children and their families do not have access to food, hence no proper nutrition. They could barely make ends meet, so they make sure to make the most of what little they have for their household. Fortunately, organizations like SA Harvest aim to end hunger in South Africa. However, they still need to know more about how they can help South Africans with their current diet. Currently, most of the diets are composed of maize and rice. They do not have much to spend on fruits, so these commodities are seen as a luxury. With the help of organizations like SA Harvest, South Africans will be educated and more aware of what they need to eat.

Keywords: nutrition, public health, SA Harvest, food

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Authors: Johannes T. Tsoku, Teboho J. Mosikari, Diteboho Xaba, Thatoyaone Modise

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This paper examines the relationship between manufacturing growth and economic growth in South Africa using quarterly data ranging from 2001 to 2014. The paper employed the Johansen cointegration to test the Kaldor’s hypothesis. The Johansen cointegration results revealed that there is a long run relationship between GDP, manufacturing, service and employment. The Granger causality results revealed that there is a unidirectional causality running from manufacturing growth to GDP growth. The overall findings of the study confirm that Kaldor’s first law of growth is applicable in South African economy. Therefore, investment strategies and policies should be alignment towards promoting growth in the manufacturing sector in order to boost the economic growth of South Africa.

Keywords: cointegration, economic growth, Kaldor’s law, manufacturing growth

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Authors: Oliver Fuo

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One of the central features of post-apartheid constitutional reform was the establishment of local government as a distinct sphere of government in the Constitution of the Republic of South Africa, 1996. Local government, constituted by about 279 wall-to-wall municipalities, have legislative and executive powers vested in democratically elected municipal councils to govern areas within their jurisdiction subject only to limits imposed by the Constitution. In addition, unlike the past where municipalities merely played a service delivery role, they are now mandated to realise an expanded developmental mandate – pursue social justice and sustainable development; contribute, together with national and provincial government, to the realisation of socio-economic rights entrenched in the Bill of Rights; and facilitate public participation in local governance. In order to finance their developmental programmes, municipalities receive equitable allocations from national government and have legal powers to generate additional finances by charging rates on property and imposing surcharges on services provided. In addition to its general obligation to foster public participation in local governance, the law requires municipalities to facilitate public participation in their budgeting processes. This requirement is generally consistent with recent trends in local government democratic reforms which call for inclusive budget planning and implementation whereby citizens, civil society and NGOs participate in the allocation of resources. This trend is best captured in the concept of participatory budgeting. This paper specifically analyses the legal and policy framework for participatory budgeting at the local government level in South Africa. Using Borbet South Africa (Pty) Ltd and Others v Nelson Mandela Bay Municipality 2014 (5) SA 256 (ECP) as an example, this paper argues that the legal framework for participatory budgeting creates an illusory right for citizens to participate in municipal budgeting processes. This challenge is further compounded by the barrenness of the jurisprudence of courts that interpret the obligation of municipalities in this regard. It is submitted that the wording of s 27(4) of the Municipal Finance Management Act (MFMA) 53 of 2003 - which expressly stipulates that non-compliance by a municipality with a provision relating to the budget process or a provision in any legislation relating to the approval of a budget-related policy, does not affect the validity of an annual or adjustments budget – is problematic as it seems to trivialise the obligation to facilitate public participation in budgeting processes. It is submitted that where this provision is abused by municipal officials, this could lead to the sidelining of the real interests of communities in local budgets. This research is based on a critical and integrated review of primary and secondary sources of law.

Keywords: courts and jurisprudence, local government law, participatory budgeting, South Africa

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Authors: N. Sathish Gowda

Abstract:

A constitution without fundamental rights will become zero. The very object of constitution of three organs viz, legislature, executive and judiciary under the constitution of India is to protect, preserve and promote fundamental rights guaranteed under part-III. In India, along with express fundamental rights, Supreme Court has also recognized implied fundamental rights. But, unfortunately State has not been implementing these implied fundamental rights. In this regard, this research paper discusses the catalogue of implied fundamental rights evolved by the judiciary in interpreting Article 21 of the Constitution of India and seeks to examine the effects and applicability of these rights in India.

Keywords: fundamental rights, nuances of Article 21, express fundamental rights, implied fundamental rights, procedure established by law

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Authors: Glessiane de O. Almeida, Sérgio Murilo C. Messias, Iracema Machado de Aragão Gomes

Abstract:

This article discusses issues related to the System of Innovation: Comparing economies of Brazil and South Africa. Having as this study aimed at comparing the Innovation System of the countries mentioned. Then briefly describe the process of Venture Capital/Risk Capital and present the industry innovation in Brazil and South Africa. The methodological approach described in this article is descriptive and the approach is qualitative, taking as a basis secondary data relating to research articles. The main results are related to the different forms of financing of Venture Capital used by countries compared, in addition to the training and economic policy. And finally, it was highlighted the importance of implementation of policy reforms for the Brazil and Africa in the innovation process.

Keywords: innovation, Venture Capital, Economy, National Innovation System (NIS), BRICS

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Authors: Paulino V. Tavares, Ana L. Romao

Abstract:

Public governance represents an articulated arrangement, dynamic and interactive, present in the exercise of authority aimed at strengthening the decision-making procedure in public administration with transparency, accountability, responsiveness and capable of to emerge control and social empowerment, to pursue and achieve the objectives efficiently and with the effectiveness desired by the collective, respecting laws and providing social, institutional and economic equility in society. With this, using a multidimensional approach with the application of three questionnaires to a universe of twenty Counselors of the Courts of Auditors (Brazil), twenty professionals of public administration (Brazil), twenty Government/Provincial Counselors (South Africa), and twenty South African professionals of public administration, the present work aims to capture what is the perception about the efficiency and equility of public policies in Brazil and South Africa. With this, up until now, 30 responses have been obtained, and the results indicate that, in Brazil, 65% affirm due to the inefficiency of public policies, 70% point out that they do not believe in the equility of these same policies. In South Africa, the results indicate that 45% believe in government efficiency, and, with regard to the equility of public policies, 65% do not believe. In Brazil, the research reveals at least three reasons for this result, that is, lack of planning, lack of clear objectives of public policies, and lack of information on the part of society, while in South Africa, so far, research has not identified a specific reason for this result.

Keywords: efficiency, equility, governance, public policy

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