*Faculty of Commerce, Law and Management (ETDs)
Permanent URI for this community
Browse
Browsing *Faculty of Commerce, Law and Management (ETDs) by SDG "SDG-17: Partnerships for the goals"
Now showing 1 - 17 of 17
Results Per Page
Sort Options
Item Bottom-half Intergenerational Mobility Among the Coloured Population in South Africa(University of the Witwatersrand, Johannesburg, 2023) De Kock, Tryston; Roberts, GarethI examined the intergenerational mobility of education among the Coloured population in South Africa between 1975 and 1990. I used the National Income Dynamics Study to measure intergenerational mobility among Coloured children born to parents at the bottom of the education distribution-this includes parents with an educational attainment lower than grade 10. I found across the whole population; the median rank of education is grade 10 – making grade 10 my middle point. I compared several intergenerational mobility indices with bottom-half mobility and look at the IGE and IGC indices for sons, as well as the summary statistics for the coloured, African, and White populations. I suggested that Coloured daughters born to mothers in the bottom half of the education distribution have experienced a decrease in upward mobility meanwhile upward mobility has increased for Coloured sons. However, I suggested Coloured daughters born to parents with educational attainment lower than grade 10 have a higher chance of increasing their educational attainment compared to Coloured sons. I also compared mobility estimates between Coloured children born in the Western and Northern Cape with Coloured children born elsewhere. I found that Coloured children born in the former have lower upward mobility compared to Coloured children born elsewhereItem Condonation of non-compliance under section 67(1) of the competition act 89 of 1998(University of the Witwatersrand, Johannesburg, 2023) Humphreys, RussellThe Competition Commission has long sought to extend its powers to investigate and refer complaints to the Competition Tribunal for prosecution. Prior to the decision of the Constitutional Court in the case of the Competition Commission of South Africa v Pickfords Removals SA (Pty) Limited 2021 (3) SA 1 (CC) (the ‘Pickfords’ case), the power of the Commission to initiate investigations and therefore refer matters to the Competition Tribunal was limited by section 67(1) of the Act. Those accused of breaching the Competition Act 89 of 1998 have, in their defence, relied on the limitations of section 49B of the Competition Act - the procedure for initiating a complaint and section 67(1) which provides for a time limitation on initiating/referring a complaint to the Competition Tribunal. The Constitutional Court in the Pickfords case considered whether in light of section 34 of the Constitution, section 67(1) of the Competition Act should be interpreted as an absolute bar (a prescriptive provision) or procedural time bar (capable of condonation). Section 67(1) was, however, amended in 2018 to limit the referral of a compliant to the Tribunal to no more than three years after the practice ceased. This paper considers the statutory limitations on the Commission to initiate and refer complaints to the Competition Tribunal in terms of sections 49B, 50, 67(1) and section 58(1)(c)(ii) and to examine how these limitations have been by interpreted by our courtsItem Disallowing the utilisation of an assessed loss: a survey of South African case law(University of the Witwatersrand, Johannesburg, 2023-01-26) Schreuder, Sharolta; De Koker, A. P.; Soni, FaeezaThe purpose of this report is to examine the circumstances in which the utilisation of an assessed tax loss can be disallowed. This research evaluates the provisions of section 20 of the Income Tax Act 58 of 1962 to the effect that the set-off of any balance of assessed loss incurred by a taxpayer (such as a company) in any previous year of assessment is admissible only against income derived by the taxpayer from carrying on a trade. The report focuses on how companies should have regard to the general legal principles laid down in the case law in considering whether they have satisfied the “carrying on [of] a trade” requirement in order to carry forward an assessed loss. The research suggests that taxpayers should also be aware that the South African Revenue Service (“SARS”) may nevertheless invoke the provisions of section 103(2) of the Act to disallow the utilisation of an assessed lossItem Disciplinary power and the proactive monitoring unit(2020) Flowers, Kevin EitanThe value of independent bodies charged with monitoring and improving the quality of financial reporting is becoming increasingly recognised around the world. The United States of America, United Kingdom and the European Union are examples of where such bodies exist. South Africa has created the Proactive Monitoring Unit (PMU). The PMU monitors the financial statements of companies listed on the JSE to ensure that they comply with International Financial Reporting Standards (IFRS).As most of these bodies are relatively new, there is limited research exploring how they function. This thesis aims to understand monitoring bodies better. Specifically, it will investigate if the PMU’s activities utilise Foucault’s disciplinary power to achieve results. 17 semi-structured, open-ended interviews with financial statement preparers, auditors, regulators and academics were conducted. The PMU is indicative of a partitioning mechanism used by the JSE in order to monitor and control the financial reporting space of listed companies. Preparers and auditors resemble well trained individuals who follow the PMU’s guidance without question. Respondents felt the constant gaze of the PMU which, combined with the negative reputational impact of an adverse review, leaves preparers and auditors fearful of the PMU. This anxiety seems to create a belief that preparers and auditors must present their financial statements as instructed by the PMU. This is one of the first theses which examines how external monitoring bodies function in a real-world setting. It adds to the limited accounting research which investigates why monitoring mechanisms achieve or do not achieve compliance. This is the first study to consider the functioning of external monitoring bodies in an African setting. This will provide insight into how monitoring bodies may best be constructed to improve corporate governanceItem Evaluation of the extent of disclosure of the UN Sustainable Development Goals (SDGs) in integrated reports by 40 South African companies listed on the Johannesburg Stock Exchange (JSE)(University of the Witwatersrand, Johannesburg, 2023) Manack, Ilhaam; Maroun, Warren; Lange, YvetteIn a world where resources are finite, sustainable development is of utmost importance to ensure the survival of the world as we know it. Many of the crises faced by the world such as poverty, a lack of clean water, deforestation and pollution can be reduced and, potentially, resolved through contributions from public and private organisations. In actual fact, many of these organisations contribute to the problems at hand as a result of a lack of regulatory guidance on sustainable development. This report provides insight into the integrated reports of 40 JSE-listed companies using the process of content analysis to ascertain each company’s contribution to sustainable development, through aligning its corporate practices with achieving the UN Sustainable Development Goals (SDG). No guideline currently exists for preparing SDG-related disclosures to be presented in integrated reports. As a result, a disclosure checklist was created for this purpose. It was found that SDG-related disclosures are predominantly vague and minimal, ifthey were given at all. Additionally, companies tend to provide more SDG-relateddisclosures over time. This research contributes to a small body of existing research in the field of SDG disclosures in integrated reports. This study is the first study to analyse the extent of SDG-related disclosures in South AfricaItem Exploring segmental reporting in integrated reporting(2021) Mpete, ThatoThis paper explores the link between segmental disclosures in the integrated reports of the top 100 JSE-listed entities and integrated reporting quality (IRQ). A content analysis has been performed over 3 years to identify links between segmental disclosure in the integrated report and the annual financial statements. This paper analyses whether entities which have integrated segments throughout their reports achieve better IRQ. This paper also analyses whether the segmental disclosures within the integrated report point to the emergence of integrated thinking. The findings indicate that the segmental disclosure in the integrated report mimics that in the annual financial statements. In addition, this thesis finds a correlation between segmental disclosure and IRQ. Companies which integrate segment disclosure throughout the integrated report are also found to achieve better IRQ. The findings suggest that segmental disclosures which are integrated provide further insight into the value creation process and are indicative of integrated thinking. Integrated thinking can be evidenced by management’s understanding of the entity, disclosure consistency in the integrated reporting and annual financial statements and integration within the business model.Item Impression management through minimal narrative disclosures in integrated reports: an analysis of the top 100 JSE listed firms(2021) Chothia, AadilOrientation: Two crucial aspects to corporate reporting is transparency and accountability within the Integrated Report (Leung, Parker, & Courtis, 2015). Transparency within the Integrated Report allows for the users of the report to understand the financial position and underlying economics of the firm. Narrative disclosures in the Integrated Report forms a part of the annual corporate financial report and serves as a means of communication between management and investors. Narrative disclosers can also serve as a medium for impression management strategies utilised to distract investors’ attention from a firm’s weaknesses. This can be achieved through “selectivity” which involves including or omitting certain items of information within the Integrated Report (Merkl-Davies & Brennan, 2007).Research purpose: The purpose of this study is to determine if the top 100 JSE listed companies utilise impression management strategies, specifically through minimal narrative disclosures in their Integrated Reports. This will allow the researcher to “explore the phenomenon of concealment strategy through minimal narrative disclosures. In this study, the researcher focuses on selectivity in neglecting narrative information in the Integrated Report and extends the body of knowledge relating to impression management using concealment strategy, specifically discretionary narrative disclosures. Overview of research method: This was an adaptation of a study conducted by Leung et al. (2015) and was of a quantitative nature which involved the systematic investigation of the research questions through statistical methods on the data gathered. The research involved two phases. Phase 1 involved the identification of minimal narrative disclosure firms using a disclosure corpus. Phase 2 allowed the researcher to explore the sub-research questions which involved the use of a multivariate regression model. Main Findings: The study illustrated that from the sample firms selected, 49% were classified as minimal narrative disclosure firms based on their disclosure score obtained from the disclosure checklist. The study also showed that there is no association between a firm’s current performance and their minimal narrative disclosure firm score and revealed that there is an association between a firm’s financial distress levels and the minimal narrative disclosure firm score obtained by the firm. No evidence was obtained to support that minimal narrative disclosures in Integrated Reports are associated with future performance of a minimal narrative disclosure firm (whether future performance improves or deteriorates) within the context of this researchItem Influence of external funders on social enterprise business models: a causation-effectuation exploratory study(University of the Witwatersrand, Johannesburg, 2021) Njenge, Yandisa Lusapho; Myres, Kerrin; Terri CarmichaelSocial entrepreneurship research is a growing research field, growth that can also be seen in the practice of social entrepreneurship. Dominant literature in the field focuses on the definition of social entrepreneurship and the traits of the social entrepreneur and does not look deeply at social entrepreneurship practices and interactions with other institutions. To address these shortcomings in research, this study systematically analyses the dominant definitions of social entrepreneurship and proposes an all-encompassing definition. The study also focuses on the interaction between social enterprises and external funders, exploring how social enterprises implement business models and the influence that external funders have on the business model implementation. A qualitative study was used to answer the research questions by exploring the business model implementation in ten case studies. A total of 26 respondents were interviewed as founding social entrepreneurs, internal staff members or external funders. The study relied on theoretical propositions from the literature review to analyse the data inductively and this process resulted in within-case themes. Further analysis of the within-case themes resulted in five cross-case themes. What was of interest was how operating in a resource-constrained environment impacts business model implementation. The ten case studies interviewed displayed structured or causal mechanisms in implementing their business models, which differs from the view that social entrepreneurs are effectual in behaviour. A theoretical framework with five propositions is put forward by this study. The theoretical framework propositions are: Social enterprises operate in resource-constrained environments and rely on external funding from inception. Social enterprises in resource-constrained environments approach external funders that do not expect a financial return. Social enterprises in resource-constrained environments implement business model dimensions that will lead to the achievement of the social mission. Externally funded social enterprises implement their business models in a causal manner. External funders not expecting financial returns apply limited influence on the business models of the social enterprises they fund. In accordance with the findings of this study, some suggestions for future research are put forward.Item Opportunities and challenges for Made in Africa Evaluation Capacity Development: South African experiences(University of the Witwatersrand, Johannesburg, 2022-10) Moilwa, Matshediso; Pophiwa, NedsonMade in Africa Evaluations (MAE) is an Afrocentric approach of conducting evaluations to reformulate western approaches of conducting evaluation. Indigenised evaluations differentiate evaluation approaches, methods and tools as informed by beneficiaries. Evaluation Capacity Development (ECD), on the other hand, focuses more on strengthening the skills, abilities, processes and resources of evaluation practices. ECD’s intention is to create support, that equips evaluators with the leadership support, resources and opportunities to use skills acquired to practice their skills. The aim of the study is to unpack the definition of MAE, understanding the tools, methods and approaches by interviewees. In order to gain insights on in what ways are South African evaluators incorporating Made in Africa Evaluation approaches and what are the opportunities as well as challenges for evaluation capacity development? The study used both the transformative/ emancipatory approach and indigenous paradigm to analyse the data gathered from literature review and interviews conducted. Interviewing an array of stakeholders including government, independent evaluators, private consultancies and VOPE’s. From the literature review conducted, the results of the study forked in its findings. With limited visibility and relevance of MAE in South African evaluations, the discussions focus more on M&E challenges in South Africa – looking at the barriers to entry for local evaluators; what are the skills and competencies required for professionalisation of M&E and what types of ECD initiatives are required to improve the M&E practice. The findings of the research are relevant to the wider study of M&E in South Africa and broadly Africa, on understanding the correlation between what types of ECD initiatives needed to strengthening M&E by getting on the ground experiences of challenges evaluators faceItem Privacy concerns about data-usage for South African retail loyalty programs(University of the Witwatersrand, Johannesburg, 2023) Dearden, Alexandra Cameron; Zulu, Melissa; Anning, Thomas DorsonData usage has arisen as a growing topic for researchers and practitioners in South Africa. This is particularly true for Loyalty Programs, where increased personalisation and consumer data usage are being used to fuel business decisions. However, the consumer perspective on data- related privacy concerns provides room to be explored, alongside the investigation of culture, trust, personalisation and the privacy paradox. In this investigation into privacy concerns, the relevance of culture comes into place for its influence on such South African privacy related behaviour and perceptions. This study, therefore, explores privacy concerns and data usage in retail Loyalty programs, to better understand South African consumers' perceptions of data privacy, and their intention to engage with the program. This was done through a multi- theoretical analysis, utilizing the Privacy Calculus Theory (PCT), the Theory of Planned Behaviour (TPB), and the Customer Relationship Management Theory (CRM). This study achieved its objectives through a quantitative research method utilising surveys distributed online. South African consumers above the age for 18 were used as the sample for the research for data collection, of which a non-probability sampling technique was used, and a total of 277 valid questionnaires were collected. Structural Equation Modelling (SEM) was utiliseutilised to analyse the data through partial least squares regression (Smart-PLS) to evaluate the relationship between the constructs. Here, the results indicated that privacy concerns exist and are positively influenced by Awareness, Data Breach and Attitude. Furthermore, these concerns were negatively influenced by Intention, Trust, and Culture; and, therefore, a privacy paradox was not confirmed. Furthermore, Personalisation was shown to have no bearing on Privacy Concerns. However, Personalisation had a negative relationship with Attitude, while Trust had a positive one. Perceived Risk was also found to have a negative relationship with Intention. Moreover, this study revealed the existence and South African consumer perspective of privacy concerns and provides benefits for marketers and scholars in the retail industry, such as fueling trust through the recognition of consumer privacy.Item Procedural fairness and the principle of legality in south african administrative law(University of the Witwatersrand, Johannesburg, 2023-10) Khwidzhili, Ndaedzo MahatmThe principle of legality is an aspect of the rule of law which was intended only to review non- administrative action. It has been the subject of much development, and has now been developed into a gateway to review that closely resembles the PAJA. The introduction of rationality as an element of legality appears to have been the main protagonist in this development. The courts have, on a number of occasions, grappled with the question whether procedural fairness is a requirement under the principle of legality. Despite procedural fairness having been said to be a fundamental requirement of the rule of law, in Masetlha, the Constitutional Court held that procedural fairness is not a requirement under the principle of legality. Subsequent to that, in Albutt, the Constitutional Court found that rationality encompassed considerations of procedural fairness, and therefore that procedural fairness was in fact a requirement under the principle of legality. This caused an apparent tension between Masetlha and Albutt, which manifested in conflicting case law in relation to the requirement of procedural fairness under the principle of legality. However, the position has now been crystallized by the Constitutional Court, which found that there was no tension between Masetlha and Albutt but rather, that Masetlha was a case of procedural fairness and Albutt one of procedural rationality. This distinction reaffirmed the position in Masetlha that procedural fairness is not a requirement under the principle of legality, and also introduced a new orthodoxy of procedural rationality under the principle of legality. This Research Report illustrates how this distinction is based on a narrow interpretation of procedural fairness (in the form of audi alteram partem) which makes the new orthodoxy untenable. It argues that on a proper interpretation of audi alteram partem, procedural fairness may be a requirement under the principle of legality to the extent that it enhances rationality in decision-making (as was the case in Albutt). Furthermore, in contrast to the position in Masetlha, the Constitutional Court in Motau suggested that procedural fairness itself may be a requirement under the principle of legality. It would seem that procedural fairness may indeed be a requirement under the principle of legalityItem Tales as old as time: an evaluation of intellectual property and the protection of traditional knowledge(University of the Witswatersrand, Johannesburg, 2023) McCall, Vianca; Forere, MalebankengThe aim of this paper is to assess the need to protect Traditional Knowledge and the adequacy of the existing legislative measures to protect Traditional Knowledge in South Africa. In the process, consideration will be given to the nature and value of Traditional Knowledge, the rationale for protecting Traditional Knowledge and whether the current Intellectual Property laws are capable of providing adequate protection for Traditional Knowledge. Consideration will be given to the efforts of the South African government to protect the Traditional Knowledge generated by the traditional community and alternative methods of protecting Traditional KnowledgeItem Tax Implications of intellectual property transactions in South Africa(2024) Sinobolo, PhinduloIntellectual property law is a category of property that includes intangible creations of the human intellect, and primarily encompasses copyrights, patents, designs, trade marks and know-how. The intention of the use of intellectual property is important to determine the correct tax treatment to be assigned in the calculation of taxable income in a particular year of assessment. The Income Tax Act 58 of 1962 (‘Income Tax Act’) is used, in this discussion, as a basis for determining the appropriate tax treatment of intellectual property transactions. Extensive focus is placed on discussing the tax incentives of royalties, premiums, acquisition of intellectual property and internally generated intellectual property. It should be noted that one should consider case law and the specific circumstances of each case, to determine whether the amount related to intellectual property will be deductible in terms of s 11(a). An overview of the tax implications for a franchisor and a franchisee is depicted when both parties enter into a franchise agreement. The taxation of image rights is specifically included in this discussion as companies, through their brands (i.e., trade marks) affiliate themselves with celebrities, sports professionals and influencers to drive their marketing strategy. A brief transfer pricing discussion regarding intellectual property is contained in the research report as it is imperative to determine whether an affected transaction has been entered into between connected persons which results in a tax benefit being derived.Item The bread cartel: can the conduct of firms in contravention of the competition act be recognised as a violation of human rights?(University of the Witwatersrand, Johannesburg, 2022) Motshidisi , VilakaziSection 4 of the South African Competition Act, 89 of 1998 (‘the Competition Act’) prohibits horizontal restrictive practices in the form of price-fixing, market allocation, and collusive tendering. According to Maphwanya, cartels are among the most egregious forms of competition harm globally. Entities that form cartels frequently weigh the benefits of joining a cartel against the risks of being investigated by competition authorities (Maphwanya, 2017). The Pioneer Foods decision handed down by the Competition Tribunal (‘the Tribunal’) in 2009 charts a complaint lodged in 2006 against various bread manufacturers for allegedly engaging in cartel behaviour; in that these manufacturers engaged in a cartel which had the outcome of fixing the price of bread and dividing markets between themselves. Following the Competition Commission’s investigation and a determination that the bread manufacturers had indeed participated in the cartel, the Tribunal penalised the cartel members by imposing various administrative penalties. The conduct of the bread manufacturers occurred in a South African context, where bread is considered a staple food for many South Africans living in poverty. In light of the aforementioned decision, it is to be considered whether the coordinated conduct of firms seeking to raise prices to maximise on profits at the expense of ordinary and penurious South Africans should be considered a human rights violation. The impact of section 27(1) (b) of the Constitution of the Republic of South Africa, 1996 (‘the Constitution’), which states that everyone has the right to access to food, will be considered explicitly in this report. Furthermore, the obligations of firms found to have violated the provisions of section 4 of the Competition Act are examined in light of whether private persons have constitutional obligations to provide access to food in accordance with section 27(1) (b) of the Constitution. To this end, reference will be made to the provisions of sections 8(2) and 39(2) of the ConstitutionItem The digital transformation of the democratic election process: benefits and challenges(2023) Scheepers, HendrickInformation Communication Technology (ICT) has been recognised as a key enabler for the transformation of government service delivery objectives. The adoption of technological innovation by government institutions ultimately leads to significant improvements in the lives of broader society. There are compelling deliberations for and against the digital transformation of electoral process. Electronic-voting (e-voting) has been successfully adopted in counties like Brazil and India however research also illustrate Ireland and Netherland has subsequently cancelled e-voting initiates. This study explores the acceptance of technology by utilizing the unified theory of acceptance and use of technology (UTAUT). This study amplify the UTAUT model by adding two additional constructs trust in technology (TT) and security expectancy (SE). The study secondary emphasis was to ascertain the correlation between predictor variables and behavioural intent (BI) to adopt e-voting .The outcome established there exist a significant coefficient path between the independent and dependent variable for effort expectancy (EE), social influence (SI), security expectancy (SE), and trust in technology (TT). The outcomes for performance expectancy (PE) does not illustrate significant coefficient correlation. A quantitative research approach was undertaken by using a cross-sectional research design. A fully structured closed questionnaire was developed from existing literature and distributed to participants via the internet. The information was collected from 140 participants which were further calculated by means of regression techniques, which supported this study research hypotheses. The study further recommends future research take into consideration the influence of the digital divide on the adoption of e-voting in the South Africa context. Establish a task team that is led by industry leaders who have successfully led transformation processes. This could be achieved through the creation of information-sharing sessions with broader society about the challenges and opportunities that the digital transformation process presents. Voter education drives could also offer experiential campaigns that illustrate the iii C2 General benefits of e-voting and how society can benefit from the transformation process.Item The evolution of the test for rationality under the legality principle in South African administrative law(University of the Witwatersrand, Johannesburg, 2022) Bekker, Chrisna Jooste; Hoexter, C.The principle of legality was confirmed early in South Africa’s constitutional era as a product of the rule of law and the minimum standard to which the exercise of public power must be held to account. It has become an indispensable tool and ‘safety net’ to review administrative decisions where the action which it reviews does not constitute administrative action as it is defined in the Promotion of Administrative Justice Act, 2000. Rationality has emerged as the test applied in such reviews of whether the means applied to reach a decision are rationally related to the ends (the decision). Rationality has however come to comprise elements such as procedural fairness and -rationality that are not always consistently defined or applied by the courts. This variability and unpredictability lead to uncertainty in administrative law review which has the effect of causing the ‘safety net’ to stretch too far – by undermining the rule of law, the principle of legality itself and constitutional democracyItem The protection of personal information act: a critique through the lens of libertarian legal theory(University of the Witwatersrand, Johannesburg, 2022-10-31) Meyer, Jonathan Alan; Zitzke, EmileThis paper offers a critical analysis of the Protection of Personal Information Act 4 of 2013 (POPIA) and its impact on freedom of trade, occupation and profession (freedom of trade) as found under s 22 of the Bill of Rights in the Constitution of the Republic of South Africa, 1996 (the Constitution) from a libertarian legal theory perspective. Owing to a lacuna in South African law, the provisions of POPIA that seem to impede free trade will probably not result in an unconstitutional infringementof the section 22 right. Those provisions in POPIA that restrict free trade may nevertheless be critiqued from the perspective of libertarian legal theory. More specifically, libertarian legal theory’s rejection of over-regulation. In this research report, the ultimate finding is that the cardinal issue with POPIA is that, paradoxically, and despite POPIA’s proclamation to promote a free-flow of information in balancing such purpose with the Constitutional right to privacy found under s 14 of the Constitution, POPIA serves to limit, over- restrictively, the free flow of information between businesses and business, and businesses and natural persons. The research report conducts a cursory analysis of the right of freedom of trade and investigates certain important provisions of POPIA through a libertarian-legal lens. There are three weaknesses in POPIA that are identified in this research report. Firstly, POPIA has a negative impact on trade because both natural and juristic persons receive data protection in terms of th e Act, whereas in jurisdictions where the GDPR operates, only natural persons receive such protection. It will be shown how this aspect of POPIA is potentially overly onerous on businesses. Secondly, the security requirements under POPIA are not only unreasonably onerous on, and expensive for, companies, to implement, but they are cumbersome, contradictory and vague. It will be shown how this could negatively affect free trade. Thirdly, POPIA’s sections dealing with civil liability are too far- reaching in their consequences of business, while also providing for defences to responsible parties which are prejudicial to data subjects. This amounts to an over- regulation, which is antithetical to libertarian legal theory