Search results for: Constitution of South Africa

Authors: Obinna Emmanuel Nkomadu

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Many illegal activities take place on the sea, including trafficking in arms, which constitutes one of the major threats to maritime security. Indeed, the dissemination of arms has hampered the peaceful settlement of many States in Africa, fuelled disputes into armed conflicts, and contributed to the prolongation of armed conflicts in many African States. The absence of international standards on the importation, exportation, and transfer of conventional arms is a contributory factor to conflict, displacement of people, crime, and terrorism on the continent of Africa, which in turn undermines peace, safety, security, stability, and sustainable development. South Africa and Nigeria have taken steps to address the illicit arms, but, despite those steps, arms trafficking at sea continues. To suppress the illicit arms and to combat a number of other threats to maritime security around the continent of Africa, the majority of AU members in 2016 adopted the African Charter on Maritime Security and Safety and Development in Africa (“the Lomé Charter”). However, the Lomé Charter is yet to come into force. This paper set out the pre-existing international legal instruments on arms to ascertain the domestic laws of South Africa and Nigeria relating to arms with the relevant provisions of the Charter in order to establish whether any legal steps are required to ensure that South Africa and Nigeria comply with its obligations under the Lomé Charter should it decide to ratify it. The legal steps include cooperating in establishing policies, as well as a regional and continental institution, and ensuring the implementation of such policies. The paper concludes ratifying the Lomé Charter is a step in the right direction in suppressing arms trafficking at sea, in addition to filling those gaps or limitations in their relevant legislation.

Keywords: cooperation against arms trafficking at sea, Lomé Charter, maritime security, Nigerian and South Africa legislation on arms

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Authors: D. Onanena Adegono, P. Altinsoy, A. Schuster, P. Schäfer

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Autonomous vehicles look set to drastically alter the way we move people and goods, in urban as well as rural areas. However, little has been written about Africa with this regard. Moreover, in order for this new technology to be adopted, user acceptance is vital. The current research examines the user acceptance of autonomous minibus shuttles, as a solution for first/last mile public transport in Pretoria, South Africa. Of the respondents surveyed, only 2.31% perceived them as not useful. Respondents showed more interest in using these shuttles in combination with the bus rapid transit system (75.4%) as opposed to other modes of public transportation (40%). The significance of these findings is that they can help ensure that the implementation of autonomous public transport in South Africa is adapted to the local user. Furthermore, these findings could be adapted for other South African cities and other cities across the continent.

Keywords: autonomous buses and shuttles, autonomous public transport, urban mobility, user acceptance

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Authors: Trevor N. Haas, Thomas van der Kolf

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South Africa has some regions which are susceptible to moderate seismic activity. A peak ground acceleration of between 0.1g and 0.15g can be expected in the southern parts of the Western Cape. Unreinforced Masonry (URM) is commonly used as a construction material for 2 to 5 storey buildings in underprivileged areas in and around Cape Town. URM is typically regarded as the material most vulnerable to damage when subjected to earthquake excitation. In this study, a three-storey URM building was analysed by applying seven earthquake time-histories, which can be expected to occur in South Africa using a finite element approach. Experimental data was used to calibrate the in- and out-of-plane stiffness of the URM. The results indicated that tensile cracking of the in-plane piers was the dominant failure mode. It is concluded that URM buildings of this type are at risk of failure especially if sufficient ductility is not provided. The results also showed that connection failure must be investigated further.

Keywords: URM, seismic analysis, FEM, Cape Town

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Authors: Tatenda Manomano

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The chronic challenges presented by HIV/AIDS globally have come with extreme negative effects on individuals, families and communities as well as governments. Sub-Saharan Africa remains strongly challenged with South Africa bearing a huge brunt of these. The paper examines the extent to which the effects of HIV/AIDS are addressed in low cost housing projects in South Africa with a case of the RDP Golf Course Housing Project in Alice Town. The study used a triangulation of both qualitative and quantitative methods with the qualitative as the dominant method while the quantitative was less dominant. Findings revealed that infection rate was high; prostitution was high; alcohol abuse was also high; and rape and sexual abuse was also high and there was also lack of hospitals and social workers around the location. These findings prompted this researcher to recommend for proactive policy making that can bolster the challenges faced by these low cost housing projects in accessing health and social services as well as massive campaigns that can promote behavior modification among other things. It is hoped that this paper will be a platform to ring a bell to both government and non-government to augment the campaign against HIV/AIDS in South Africa.

Keywords: HIV/AIDS, RDP houses, low cost housing projects, campaigns

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Authors: Abdu Feroz Maluleke

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Digital literacy skills among first-year university students has been under scrutiny in recent years. This is largely due to the pressure faced by the South African higher education sector as the battle to integrate educational technologies into the teaching curriculum. This study aims to investigate the relationship between the Technology Acceptance Model (TAM) and the digital literacy skills of first-year students at the Tshwane University of Technology in South Africa. A positivism quantitative research methodology will be employed to collect data from 468 first-year students at a higher education institution through a validated questionnaire. Descriptive analyses, T-tests, ANOVA, and Spearman's correlation will be conducted using SPSS. Anticipated findings suggest that various demographic factors, such as previous school, self-efficacy, and age, significantly influence learners' digital literacy competency. Furthermore, the projected findings highlight the importance of rural secondary schools adopting and implementing technological pedagogies in their curriculum. This research aims to make a substantial contribution to the development of ICT adoption guidelines for the secondary school curriculum, which would aid the basic educational sector in South Africa.

Keywords: technology acceptance model, digital literacy skills, secondary schools, south africa

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Authors: Courtley Pharaoh, D. J. Visser

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University management is often caught between competing interests from stakeholders like students, trustees, donors, government and the community it serves. This study aimed to identify what management competencies are required by executive management members of universities of technology to effectively manage a university of technology in South Africa from the perspective of the executive management members. This exploratory study will make use of a qualitative methodology to establish what management competencies are deemed as important to manage a university of technology in South Africa from the executive management perspective. Due to the consequences of the COVID-19 Pandemic, the study made use of online face-to-face interviews to ascertain from executive management members of universities of technology what the required management competencies needed by executive management members of universities of technology to effectively manage a University of Technology in South Africa. Qualitative Content Analysis was used to analyse the data collected. The findings of the study identified a total of 26 management competencies which were categorised into three groupings or themes. This study identified a list of required management competencies needed by executive management members of universities of technology to effectively manage a university of technology in South Africa, as per the lived experience of executive management members. The researcher recommends further studies at traditional and comprehensive universities and compares the results of those future studies with the results of this study. A comprehensive list of management competencies could then be identified, which could assist with the compilation of job descriptions of executive management members of universities in South Africa.

Keywords: university of technology, management competencies, executive management, executive management members, important

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Authors: Ademilade J. Aboginije, Clinton O. Aigbavboa

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South Africa is among the emerging economy, which has a policy and suitable environment that dynamically stimulates waste management practices of diverting waste away from landfill through prevention, reuse, recycling, and recovery known as the 4R-approaches. The focus of this paper is to investigate the existing structures and processes that are environmentally responsible, then determine the resource-efficiency of the waste management practices in the South Africa construction industry. This paper indicates the results of an investigation carried out by using a systematic review of several related literatures to assess the sustainability of waste management scenarios with secondary material recovery to pinpoint all influential criteria and consequently, highlights a step by step approach to adequately analyze the process by using the indicators that can clearly and fully value the waste management practices in South Africa. Furthermore, a life cycle Analytical tool is used to support the development of a framework which can be applied in measuring the sustainability of existing waste management practices in South Africa. Finding shows that sustainable C&D waste management practices stance a great prospect far more noticeable in terms of job creation and opportunities, saving cost and conserving natural resources when incorporated, especially in the process of recycling and reusing of C&D waste materials in several construction projects in South Africa. However, there are problems such as; inadequacy of waste to energy plants, low compliances to policies and sustainable principles, lack of enough technical capacities confronting the effectiveness of the current waste management practices. Thus, with the increase in the pursuit of sustainable development in most developing countries, this paper determines how sustainability can be measured and used in top-level decision-making policy within construction and demolition waste management for a sustainable built environment.

Keywords: construction industry, green-star rating, life-cycle analysis, sustainability, zero-waste hierarchy

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Authors: Laetitia Fourie

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Dangerous myths and stereotypes contribute to the fact that persons living with albinism are amongst the most vulnerable groups in society. The prevalence of albinism varies around the world and the World Health Organization estimates that around 1 in 5000 people in Sub-Saharan Africa are affected by this genetic disorder. Persons who are living with the condition usually experience a lack of melanin in their skin, eyes and hair that results in possible physical impairments such as poor eyesight and skin cancers. Being affected by such disorders and consequently classified as an albino, give way for unequal treatment which ultimately requires safeguarding these persons against unfair discrimination - not only on the basis of their race and color (or lack thereof), but also on the basis of their disability. The Constitution of the Republic of South Africa provides that everyone is equal before the law and prohibits unfair discrimination on the grounds of race, color and disability. This right is given effect to by the Employment Equity Act, which strives to eliminate unfair discrimination on similar grounds within any employment policy or practice. An essential non-discrimination measure that can be implemented in the labor market to achieve equality is the duty of reasonable accommodation that rests upon employers. However, reasonable accommodation is only introduced as an affirmative action measure in order to provide equal employment opportunities to the identified designated groups who include black people (defined to include Indians, Chinese and Colored), women and people with disabilities. Even though this duty exists, South African law does not elaborate on the scope of the duty, except for a Disability Code, which does not hold the force of law. Furthermore, in respect of applying affirmative action measures to people with disabilities, the law does not elaborate on the meaning of disability. Considering that persons living with albinism will find it difficult to show that they are black or disabled in order to be acknowledged as part of the designated groups, their access to reasonable accommodation will be limited to a great extent. This paper will aim to illustrate to which extent South African law currently fails to implement its international obligations as a State Party to the Conventions of the United Nations, and how these failures should be corrected in order to serve the needs of all South Africans, including albinos.

Keywords: albinism, disability, equality, South Africa, United Nations

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Authors: Matsobane Mosetja, Nehemiah Mavetera, Ernest Mnkandla

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Local governments in South Africa are responsible for the provision of basic services. There are countless benefits that come with e-Government platforms if they are properly implemented to help local governments deliver these basic services to citizens. This study investigates factors influencing the adoption and use of e-Government platforms by citizens in the North West Province, South. The study is set against a background of significant change in South Africa where government services are electronically delivered. The outcome of the study revealed that: 1) decisions on the development of e-Government platforms are made based on a series of consultative forums; 2) the municipalities are open to constructive criticism on their online platform; 3) the municipalities have room for dialogue on how best to improve service delivery; 4) the municipalities are accessible to the citizens all the time; 5) the municipalities are making means and ways to empower them to be part of the collective and lastly e-Government provides room for online discussion.

Keywords: e-government, e-government platforms, user acceptance, local government

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Authors: Peter Adekunle, Clinton Aigbavboa, Matthew Ikuabe, Opeoluwa Akinradewo

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Contemporary building methods typically pay little attention to the built environment's greater economic, environmental, or social impacts or energy efficiency. Green construction aims to sever ties with these conventions. In order to provide better living and working conditions and lessen environmental consequences, green building today combines numerous building design, construction, and operation and maintenance approaches. As one of Sub-Saharan Africa's most industrialized nations, South Africa has a good number of green building projects. Therefore, this study examines the elements impacting the adoption of green buildings and regulations created to encourage the growth of green buildings using South Africa as a case study. The study has a survey-style design. A total of one hundred fifty (150) questionnaires were distributed to professionals in the construction industry in South Africa, of which one hundred and twenty-four (128) were returned and judged appropriate for investigation. The gathered data was examined using percentage, mean item scores, standard deviation, and Kruskal-Wallis. The findings show that cost and market circumstances are the two main elements impacting the adoption of green construction, while leadership advice is the most important policy. The study concluded that in order to encourage the construction of green buildings, additional Sub-Saharan nations should adopt these suggested policies.

Keywords: green building, Sub-Saharan Africa, building design, environmental conditions

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Authors: Alan Bhekisisa Buthelezi

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The aim of this paper is to explore African management and leadership philosophies at secondary schools in post-apartheid South Africa. The research was conducted in the King Cetshwayo district of KwaZulu-Natal province in South Africa. Apart from the literature on participative management, the paper reports on a research in which an empirical investigation based on a quantitative research paradigm was used to collect data from secondary school principals. The literature findings revealed that secondary school principals need to rethink their management and leadership philosophies in the twenty-first century. The findings of this research further reveal that ubuntu (humanness) and lekgotla (Sesotho term for “an African participatory approach to decision-making”) should be embedded in the art of school management and leadership in the South African context. The paper concludes with the submission that ongoing capacity-building workshops should be fast-tracked on matters pertaining to management and leadership.

Keywords: distributed leadership, team leadership, decentralization of power, transformational leadership

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Authors: Abongile Zweni, Grate Moyo, Ricardo Peters, Bingwen Yan

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Budgets are one of the most important tools that organisations, big or small, need to use as management tools. When organisations, particularly Small, Medium and Micro Enterprises (SMMEs), do not use budgets, they are bound to fail in their infancy stage. The aim of this study was to assess whether or not SMMEs in South Africa used budgets as an effective management tool during the COVID-19 pandemic. For the purposes of this study, data was collected using an online questionnaire (survey). This study used the quantitative research approach. The study used descriptive statistics to analyse the research question. The study found that most SMMEs did not use budgets during the COVID-19 pandemic; one of the reasons, amongst others, was that most of them had to close down during the lockdown, and some of them did not even qualify for government bailout or government grants.

Keywords: budget management, SMMEs, COVID-19, South Africa

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Authors: A. Boateng, La Gil-Alana, M. Lesaoana; Hj. Siweya, A. Belete

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This study examines long memory or long-range dependence in the CPI inflation rates of Ghana and South Africa using Whittle methods and autoregressive fractionally integrated moving average (ARFIMA) models. Standard I(0)/I(1) methods such as Augmented Dickey-Fuller (ADF), Philips-Perron (PP) and Kwiatkowski–Phillips–Schmidt–Shin (KPSS) tests were also employed. Our findings indicate that long memory exists in the CPI inflation rates of both countries. After processing fractional differencing and determining the short memory components, the models were specified as ARFIMA (4,0.35,2) and ARFIMA (3,0.49,3) respectively for Ghana and South Africa. Consequently, the CPI inflation rates of both countries are fractionally integrated and mean reverting. The implication of this result will assist in policy formulation and identification of inflationary pressures in an economy.

Keywords: Consumer Price Index (CPI) inflation rates, Whittle method, long memory, ARFIMA model

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Authors: Howard Gomwe, Eunice Seekoe

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There is arguably dearth of literature regarding body physical fitness and body composition amongst primary schools in South Africa. For this reason, the study is aimed at investigating and accessing how body composition relates to physical fitness amongst learners between 9 – 14 years of age in the Eastern Cape Province of South Africa. In order to achieve this, a school-based cross-sectional survey was carried out among 876 primary school learners aged 9 to14 years. Body composition indicators were measured and/or calculated, whilst physical fitness was evaluated by a 20 m shuttle run, push-ups, sit and reach as well as sit-ups, according to the EUROFIT fitness standards. Out of 876 participants, a total of 870 were retained. Of these, 351 (40.34%) were boys and 519 (59.66%) were girls. The average age of learners was 11.04 ± 1.50 years, with boys having a importantly (p = 0.002) higher average age (M = 11.24; SD = 1.51 years) as compared to that of girls (M = 10.91; SD = 1.48 years). The non-parametric Spearman Rho correlation coefficients revealed several significant and negative relationships between body composition measurements with physical fitness characteristics, which were stronger in girls than in boys. The findings advocate for policy makers and responsible authorities to initiate the development of policies and interventions targeted at encouraging physical activity and healthy promotion among primary school learners in South Africa, especially in girls.

Keywords: BMI, body composition, physical fitness, children

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Authors: Azola Agrienette Mayeza, Madifedile Thasi

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Due to the contractual nature of jobs and employment opportunities in the construction industry and the seeming surplus of potential employees in South Africa, there is a little interest on the part of employers to put in place policies to retain experienced workers. Ironically these are the workers that the companies have expended significant resources on, in terms of training and capabilities development. The construction industry has been experiencing high materials wastages and health and safety issues to score very low on the sustainability agenda as regards resources management and safety. This study carried out an assessment of the poor retention of experienced workers in the construction industry on the capacity to deliver sustainable housing in South Africa. It highlights the economic, safety and resources conservation and other benefits accruable from a high retention of key employees to the South African construction industry towards the delivery of sustainable housing. It presents data that strongly support the hypothesis that high turnover of skilled employees as a result of the industry belief of zero incentive to retain employees beyond the contractual period, is responsible for the high wastages of resources in the industry and the safety issues. A high turnover of experienced employees in the construction industry was found to impact on the industry performance in terms of timely, cost effective and quality delivery of construction projects, particularly when measured against the government sustainable housing agenda. It also results in unplanned expenses required to train replacing employees during project executions as well as company goodwill which ultimately has a huge impact on sustainable housing delivery in South Africa.

Keywords: labour turnover, construction industry, sustainable housing, materials wastage, housing delivery, South Africa

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Authors: Daniel Gidey, Kunwar Siddarth Dadhwal

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By evaluating India's aid systems and ongoing development initiatives, this conference paper offers light on India's role as a source of developmental assistance in Africa. This research attempts to provide insights into the developing landscape of foreign aid and development cooperation by focusing on understanding India's motivations and strategy. In recent years, India's connection with Africa has grown significantly, driven by economic, political, and strategic reasons. This conference paper covers India's many forms of aid, including financial, capacity building efforts, technical assistance, and infrastructure development projects, via a thorough investigation. The article seeks to establish India's priorities and highlight the possible impacts of its development assistance in Africa by examining the industries and locations of concentration. Using secondary data sources, the investigation delves into the underlying goals of India's aid policy in Africa. It investigates whether India's development assistance is consistent with its broader geopolitical aims, such as access to resources, competing with regional rivals, or strengthening diplomatic ties. Furthermore, the article investigates how India's aid policy combines the ideals of South-South cooperation and mutual development, as well as the ramifications for recipient countries. Furthermore, the paper assesses the efficacy and sustainability of India's aid operations in Africa. It takes into account the elements that influence their success, the problems they face, and the amount to which they contribute to local development goals, community empowerment, and poverty alleviation. The study also focuses on the accountability systems, transparency, and knowledge transfer aspects of India's development assistance. By providing a detailed examination of India's aid endeavors in Africa, the paper adds to the current literature on international development cooperation. By offering fresh insights into the motives, strategies, and impacts of India's assistance programs, it seeks to enhance understanding of the emerging patterns in South-South cooperation and the complex dynamics of contemporary international aid architecture.

Keywords: India, Africa, developmental assistance, aid projects and South-South cooperation

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Authors: Andrew Enaifoghe

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The study examined the role of public management development in enhancing public service delivery in the South African local government. The study believes that the ultimate empowerment of the third tier sphere of governments in South Africa remains the instrument required to enhance both national and continental development. This over the year has been overwhelmed with problems and imbalance related to ethical practice, accountability and the functional local government system and the machinery itself. The study finds that imbalances are being strengthened by a lack of understanding and unanimity as to what a public management development in a democratic system is and how it should work to achieve the dividends of democracy in delivering public goods. Studies indicated that the magnitudes are widespread corruption and misrepresentations of government priorities; both of which weaken the ability of governments to enhance broad-based economic growth and social well-being of the people. This study addressed the problem of public management and accountable local government. The study indicates the need for citizens’ participation in the decision-making process in delivering public service in South Africa and how its accountability mechanism supports good governance. The study concludes that good and ethical watersheds in South Africa have since reached such proportions that social pressure, the pressure from the government and various institutions have to re-consider where they stand regarding ethics, ethical behaviour, accountability and professionalism in delivering public goods to the people at the local municipal government.

Keywords: accountability, development, democratic system, South Africa

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Authors: Qamar Raza

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This paper deals with the human concern and onus which every person should provide to his/her society. Especially the rules and regulations described in constitution or traditions which we have inherited from ancestors should be followed, and also our lives should be led in accordance with them. The main concern of paper would be personal behavior with others in a good manner especially what he/she should exercise for society’s welfare. As human beings are the fundamental organ of society, who play a crucial role in reforming the society, they should try their best to develop it as well as maintain harmony, peace, we-feeling and mutual contact in the society. Focusing on how the modern society and its elements keep society successful. Regulations of our constitution and tradition are essential for reforming the society. In a nutshell, a human has to mingle in his society and keep mutual respect and understand the value of others as well as for himself.

Keywords: constitution, human beings, society, traditions

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Authors: Howard Chitimira

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In Australia, the market abuse prohibition is generally well accepted by the investing and non-investing public as well as by the government. This co-operative and co-ordinated approach on the part of all the relevant stakeholders has to date given rise to an increased awareness and commendable combating of market abuse activities in the Australian corporations, companies, and securities markets. It is against this background that this article seeks to comparatively explore the general enforcement approaches that are employed to combat market abuse (insider trading and market manipulation) activity in Australia and South Africa. In relation to this, the role of selected enforcement authorities and possible enforcement methods which may be learnt from both the Australian and South African experiences will be isolated where necessary for consideration by such authorities, especially, in the South African market abuse regulatory framework.

Keywords: insider trading, market abuse, market manipulation, regulation

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Authors: Ntokozo C. Mthembu

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The notion of sustainable chemistry has become significant in the discourse for a global post-colonial era, including South Africa, especially when it comes to access to the general health system and related policies in relation to disease or ease of human life. In view of the stubborn vestiges of coloniality in the daily lives of indigenous African people in general, the fundamentals of present Western medical and traditional medicine systems and related policies in the democratic era were examined in this study. The situation of traditional healers in relation to current policy was also reviewed. The advent of democracy in South Africa brought about a variety of development opportunities and limitations, particularly with respect to indigenous African knowledge systems such as traditional medicine. There were high hopes that the limitations of previous narrow cultural perspectives would be rectified in the democratic era through development interventions, but some sections of society, such as traditional healers, remain marginalised. The Afrocentric perspective was explored in dissecting government interventions related to traditional medicine. This article highlights that multiple medical systems should be adopted and that health policies should be aligned in order to guarantee mutual respect and to address the remnants of colonialism in South Africa, Africa and the broader global community.

Keywords: traditional healing system, healers, pluralist healthcare system, post-colonial era

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Authors: Natasha Venter

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Recent publications, including Truth to Power by André de Ruyter, Gangster State by Pieter-Louis Myburgh, and Enemy of the People by Pieter du Toit and Adriaan Basson, expose alleged corrupt acts by high-ranking members of State, as well as those in charge of State-owned entities. These literary contributions have gripped the attention of a nation plagued by corruption scandals and the alleged misappropriation of state funds on an almost daily basis. The books, however, leave the populace with the burning question of why “nothing happens” to these individuals who are so directly implicated in the literature. The process followed by the State in the largest successful prosecution of a corrupt state official, Jackie Selebi, sheds some light as to how such high-ranking persons might be brought to book. The Supreme Court of Appeal’s definition of corruption and the interpretation of the facts (as presented by the State prosecutors) by the court is also valuable. Furthermore, some insight into the laws that criminalise corruption in South Africa, as well as applicable international instruments, is necessary. South Africa is ranked as the 70th most corrupt country out of 180 countries by Transparency International’s 2021 Corruption Perceptions Index. This is worrisome as South Africa is a signatory of the United Nations Convention Against Corruption (2004) and, as such, has certain international obligations to fulfil. However, if the political will to prosecute corrupt officials in South Africa exists, there are laws and instruments available to punish these individuals. This would not only vindicate the authors of literature about corruption in the country but also restore the hope of South Africans that, ultimately, crime does not pay.

Keywords: corruption, eskom, state capture, government, literature, united nations, law, legal, Jackie selebi, supreme court of appeal

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Authors: Princess Ncube

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In the context of South Africa's banking sector, the prevention of bank failures is of paramount importance to ensure financial stability and economic growth. This paper focuses on the role of regulatory frameworks in safeguarding the resilience of South African banks and mitigating the risks of failures. It aims to assess the effectiveness of existing regulatory measures and proposes strategies to enhance the resilience of financial institutions in the country. The paper begins by examining the specific regulatory frameworks in place in South Africa, including capital adequacy requirements, stress testing methodologies, risk management guidelines, and supervisory practices. It delves into the evolution of these measures in response to lessons learned from past financial crises and their relevance in the unique South African banking landscape. Drawing on empirical evidence and case studies specific to South Africa, this paper evaluates the effectiveness of regulatory frameworks in preventing bank failures within the country. It analyses the impact of these frameworks on crucial aspects such as early detection of distress signals, improvements in risk management practices, and advancements in corporate governance within South African financial institutions. Additionally, it explores the interplay between regulatory frameworks and the specific economic environment of South Africa, including the role of macroprudential policies in preventing systemic risks. Based on the assessment, this paper proposes recommendations to strengthen regulatory frameworks and enhance their effectiveness in bank failure prevention in South Africa. It explores avenues for refining existing regulations to align capital requirements with the risk profiles of South African banks, enhancing stress testing methodologies to capture specific vulnerabilities, and fostering better coordination among regulatory authorities within the country. Furthermore, it examines the potential benefits of adopting innovative approaches, such as leveraging technology and data analytics, to improve risk assessment and supervision in the South African banking sector.

Keywords: banks, resolution, liquidity, regulation

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Authors: Hermanus J. Moolman

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The COVID-19 pandemic had a severe impact on the society and companies in South Africa. This raises questions about the position of creditors of companies facing financial distress and the actions that directors should take to cater to the interests of creditors. The extent to which directors owe their duties and consideration to creditors has been the subject of debate. The directors of a solvent company owe their duties to the company in favour of its shareholders. When the company becomes insolvent, creditors are the beneficiaries of the directors’ duties. However, the intermittent phase between solvency and insolvency, otherwise referred to as the realm of insolvency, is not accounted for. The purpose of this paper is to determine whether South African company law appropriately addresses the duties that directors owe to creditors and the extent of consideration given to creditors’ interests when the company is in the realm of insolvency and has started business rescue proceedings. A comparative study on South Africa, the United States of America, the United Kingdom and international instruments was employed to achieve the purpose statement. In the United States of America and the United Kingdom, the focus shifts from shareholders to the best interests of creditors when business recue proceedings commence. Such an approach is not aligned with the purpose of the Companies Act of 2008 that calls for a balance of interests of all persons affected by a company’s financial distress and will not be suitable for the South African context. Business rescue in South Africa is relatively new when compared to the practices of the United States of America and the United Kingdom, and the entrepreneurial landscape in South Africa is still evolving. The interests of creditors are not the only interests at risk when a company is financially distressed. It is recommended that an enlightened creditor value approach is adopted for South Africa, where the interests of creditors, albeit paramount, are balanced with those of other stakeholders. This approach optimises a gradual shift in the duties of directors from shareholders to creditors, without disregarding the interests of shareholders.

Keywords: business rescue, shareholders, creditors, financial distress, balance of interests, alternative remedies, company law

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Authors: Carlos Joel Tchawouo Mbiada

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This paper intends to refrain from debating the different meanings of justice, such as its social or moral meaning, nor to discuss the different theories of justice. This paper focuses on the legal understanding of access to justice to mean access to the court. Using the Labour and Labour Appeal Courts as a case study, this paper investigates whether the composition of the bench, the personnel and state mechanisms to promote access to court offer ideal conditions to access to court. The investigation is benchmarked against the South African new constitutional order underpinned by the concept of social justice to eradicate past injustices. To provide justice to all, the Constitution of the Republic of South Africa 1996 guarantees the right to access to the court. The question that takes centre stage in this paper is whether litigants are denied the right to access the Labour and Labour Appeal Courts. The paper argues that factors such as the status of the Labour and Labour Appeal Courts, the number of judges, and the building structure prevent litigants from accessing these courts. The paper advocates for a legislative overhaul of the Labour and Labour Appeal Courts structure so that litigants may access the courts. Until such time, the paper argues that the right to access the Labour and Labour Appeal Courts would remain far from the reach of many litigants.

Keywords: access to justice, access to court, labour court, labour appeal court

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Authors: Howard Gomwe, Eunice Seekoe, Philemon Lyoka, Chioneso Show Marange, Dennyford Mafa

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Background: This study was designed to assess PA levels and sedentary behavior among primary school learners in the Eastern Cape province of South Africa. Methods: A cross-sectional study was adopted to assess the patterns and levels of PA and sedentary behavior using the Physical Activity Questionnaire for Older Children (PAQ-C). Results: Using complete case analysis, 870 randomly selected participants (boys = 351 and girls = 519) aged 9 to 14 years were retained. The sample comprised of primary school learners, both boys and girls; aged 9-14 years old, who were randomly selected from rural, urban and peri-urban areas in the Eastern Cape Province of South Africa. Overly, the sample had a mean PAQ-C score of 2.33 ± 0.43. The mean of PA in boys was significantly higher (p = 0.003) in comparison with the girls. The 13 to 14 age group had a significantly higher PA level (p = 0.014). Learners from urban areas (n = 136; 77.3%) engaged more in sedentary behaviour as compared to those from rural areas (n = 252; 54.9%). Conclusion: The findings demonstrated low levels of PA and high engagement of sedentary behavior, which have negative implications on the health, growth and development of children. The study, therefore, recommends relevant stakeholders to implement interventions aimed to promote the increase in PA and reduction in sedentary behaviors for primary school learners in the Eastern Cape province in South Africa.

Keywords: learners, physical activity, sedentary behavior, south Africa

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Authors: Adeyemi Adebayo, Barry Ackers

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This paper comparatively analyses the corporate governance of SOEs in South Africa and Singapore in the context of the World Bank’s framework for corporate governance of SOEs. This framework ensured that the analysis holistically covered key aspects of corporate governance of SOEs in these states. In order to ground our understanding of the paths taken by SOEs in the states, the paper presents the evolution and reforms of SOEs in the states before analyzing key aspects of their corporate governance. The analysis shows that even though SOEs in South Africa and Singapore are comparable in a number of ways, there are notable differences. In this context, this paper finds that the main difference between corporate governance of SOEs in South Africa and Singapore is their organizing model. Further, the analysis, among other findings, shows that SOEs Boards in Singapore are better remunerated. Further finding reveals that, even though some board members are politically connected, Singaporean SOEs boards are better constituted based on skills and experience compared to SOEs boards in South Africa. Overall, the analysis opens up new debates and as such concludes by providing avenues for further research.

Keywords: corporate governance, comparative corporate governance, corporate governance framework, government business enterprises, government linked companies, organizing models, ownership models, state-owned companies, state-owned enterprises

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Authors: Mandlenkosi Richard Mphatheni

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The Constitution of the Republic of South Africa (Act 108 of 1996 section 28(1) (d)) states, ‘Every child has the right to be protected from maltreatment, neglect, abuse, and degradation’. Qualitative research studied perceptions of the selected sample. Objectives of the research were to determine factors that influence perpetrators of sexual violence to target children, the risk factors of child sexual abuse, the effects of child sexual abuse on the development of the child, and the community prevention measures to minimize the risks of child sexual abuse. The research aimed to understand perspective and experiences of the Ngangelizwe community members on the problem of sexual violence against children and the perpetrator’s perceived motive for sexually abusing children. Convenience non-probability sampling technique was adopted to select 20 participants within the Ngangelizwe Township at Mthatha. Thematic analyses were used to analyse data. It was found that sexual abuse of children affects severely child and parents, while the community reported to be trivially affected by the sexual abuse of a child. The research revealed ignorance of some forms of sexual violence, as the commonly known form of sexual violence was rape. Therefore, ignorance of community members regarding various forms of sexual abuse means that such acts are either ignored, tolerated, or even regarded as acceptable. It thus means that community members cannot reject any actions or behaviour if they themselves are ignorant of what constitutes sexual violence. This study recommends that communities should be educated about different sexual offenses.

Keywords: child sexual abuse, community, childhood attachment, adult attachment

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Authors: Mongezi Nene, Emma Ayesu-Koranteng, Christopher Amoah, Ayo Adeniran

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Although its use has been criticized over the years as being unencouraging, the green building concept is quickly overtaking other concepts, particularly in the construction of commercial properties. The goal of the study is to identify the variables influencing the use of green building practices when developing residential structures. A qualitative methodology, using interviews with semi-structured open-ended questions to 35 property practitioners operating residential apartments in Bloemfontein, South Africa, was used to collect primary data which was analysed using thematic content analysis. The findings show that while respondents have a good understanding of green building principles, they are not being used in the construction of residential buildings in South Africa due to issues with green building approval procedures, the potential for tenant rent increases, the cost of materials, technical issues, contractual issues, and a lack of awareness, among others. This paper recommends among others an urgent need to implement measures by stakeholders towards enhancing the adoption of green building concepts in the construction of residential buildings as well as incentivising its construction through lowered property rates.

Keywords: green building, residential apartments, construction, South Africa

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Authors: Howard Gomwe, Eunice Seekoe, Philemon Lyoka, Chioneso Show Marange, Dennyford Mafa

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There is arguably a lack of literature regarding body physical fitness and body composition amongst primary school learners in South Africa. For this reason, the study is aimed at investigating and accessing how body composition relates to physical fitness amongst primary school learners in the Eastern Cape Province of South Africa. In order to achieve this, a school-based cross-sectional survey was carried out among 876 primary school learners aged 9 to 14 years. Body composition indicators were measured and/or calculated, whilst physical fitness was evaluated according to the EUROFIT fitness standards by a 20 m shuttle run, push-ups, sit and reach as well as sit-ups. Out of 876 participants, a total of 870 were retained. Of these, 351 (40.34%) were boys, and 519 (59.66%) were girls. The average age of learners was 11.04 ± 1.50 years, with boys having a significantly (p = 0.002) higher mean age (M = 11.24; SD = 1.51 years) as compared to that of girls (M = 10.91; SD = 1.48 years). The non-parametric Spearman Rho correlation coefficients revealed several significant and negative relationships between body composition measurements with physical fitness characteristics, which were stronger in girls than in boys. The findings advocate for policymakers and responsible authorities to initiate the development of policies and interventions targeted at encouraging physical activity and health promotion among primary school learners in South Africa, especially in girls.

Keywords: BMI, body composition, body fat, children, physical fitness, primary school

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Authors: Rocio Herrero Romero, Lucie Cluver, James Hall, Janina Steinert

Abstract:

Educational delay and non-completion are major policy concerns in South Africa. However, little research has focused on predictors for educational delay amongst adolescents in disadvantaged areas. This study has two aims: first, to use data integration approaches to compare the educational delay of 599 adolescents aged 16 to 18 from disadvantaged communities to national and provincial representative estimates in South Africa. Second, the paper also explores predictors for educational delay by comparing adolescents out of school (n=64) and at least one year behind (n=380), with adolescents in the age-appropriate grade or higher (n=155). Multinomial logistic regression models using self-report and administrative data were applied to look for significant associations of risk and protective factors. Significant risk factors for being behind (rather than in age-appropriate grade) were: male gender, past grade repetition, rural location and larger school size. Risk factors for being out of school (rather than in the age-appropriate grade) were: past grade repetition, having experienced problems concentrating at school, household poverty, and food insecurity. Significant protective factors for being in the age-appropriate grade (rather than out of school) were: living with biological parents or grandparents and access to school counselling. Attending school in wealthier communities was a significant protective factor for being in the age-appropriate grade (rather than behind). Our results suggest that both personal and contextual factors –family and school- predicted educational delay. This study provides new evidence to the significant effects of personal, family, and school characteristics on the educational outcomes of adolescents from disadvantaged communities in South Africa. This is the first longitudinal and quantitative study to systematically investigate risk and protective factors for post-compulsory educational outcomes amongst South African adolescents living in disadvantaged communities.

Keywords: disadvantaged communities, quantitative analysis, school delay, South Africa

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