Electronic Theses and Dissertations (Masters)

Permanent URI for this collectionhttps://hdl.handle.net/10539/37939

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Subject: search.filters.subject.SDG-9: Industry, innovation and infrastructure

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Now showing 1 - 10 of 15
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    Effects of Investor Treatment on FDI Inflow: Developed v Developing States
    (University of the Witwatersrand, Johannesburg, 2024) Carides, Telis
    It has been widely accepted that investor treatments afforded by states alone do not have a significant impact on FDI inflow. Rather, FDI inflow has been shown to be dependant on numerous other factors. This has however been traditionally examined against the backdrop of an ever-more globalised world, whereas more recent years have seen an uncharacteristic slowdown in globalisation, and indeed has ushered in a post-pandemic anti-globalisation trend. During this period, FDI in developed and developing states has faired very differently. Specifically, FDI into developing states has proven significantly more resilient compared to their developed counterparts, and indeed has overtaken developed states in net FDI inflow for the first time. Can this resilience be attributed to divergent approaches in investor treatments? This enquiry was undertaken by examining representative proxy states from the pool of developed and developing nations. After carefully electing said proxy states from both ends of the FDI inflow spectrum, I analysed whether, and to what extent they provided the most considered investor treatments; MST/FET, NT, MFN, pre-establishment protection and protection against expropriation. Notably, although the USA generally provides for these protections and is at the top of the FDI spectrum, Angola remained at the bottom of the spectrum whilst providing similar, and indeed broader protection in the case of NT and MFN. Furthermore, the Netherlands is the only state lower than Anglo during the examined period, yet it, save for pre-establishment protection, offered similar treatment. The study in casu was unable to establish that differences in investor treatments had any bearing on FDI inflows, and could not account for the converse performance of developed and developing states during the anti-globalisation period.
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    A practical review of the effectiveness of artificial intelligence in the automated review of legal contracts
    (University of the Witwatersrand, Johannesburg, 2024) Fouché, Jacques Gerrit
    This research report compares the performance of AI-driven automated contract review platforms with that of human contract reviewers, aiming to see improved effectiveness for the elements of time, cost and quality. An empirical study is done by comparing the specific performance of an automated contract review platform provider, Lawgeex, to the human contract reviewers of a business entity, Endress+Hauser. The results of the effectiveness assessment are reported on through dashboard data and questionnaires to the users of the platform. Recommendations are made both in general and specific to the two entities of the empirical study.
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    Can emoji constitute defamatory content in the context of the South African law of defamation?
    (University of the Witwatersrand, Johannesburg, 2024) Saloojee, Raeesa
    The use of emoji in digital communication often reflects a casual and carefree approach to conveying emotions and sentiments. Frequently added alongside text messages, emoji are seen as harmless embellishments, requiring little thought regarding their meaning or potential consequences. However, these seemingly innocuous additions may carry significant legal implications. Some emoji have acquired secondary meanings and connotations, which may give rise to defamation claims. This research report thus delves into the intersection of defamation law and emoji. Specifically, we examine the potential for emoji to constitute defamatory elements and explore how courts may interpret their usage. Drawing on legal perspectives from the United Kingdom and Australia, this research report sheds light on the evolving challenges posed by emoji in the realm of defamation law. As South African jurisprudence has yet to grapple with the defamatory potential of emoji, this research report explores whether South African courts will follow the lead of their international counterparts in interpreting emoji. This study thus contributes to the evolving discourse on the intersection of technology, communication, and the law in the digital age.
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    Universal internet access in South African disadvantaged communities: is there adequate regulation?
    (University of the Witwatersrand, Johannesburg, 2024) Thomas, Khayakazi
    As a result of the advent of the fourth industrial revolution, artificial intelligence, the technology of things and other similar technologies, information communications technologies (ICT) form the basis of our routine lives and sit at the core of both economic and social development. Therefore, the advancement of universal access and service is indispensable for the equal and full enjoyment of all freedoms and rights by all and provides for the improvement of the quality of life for all citizens, and further presents a gateway to freeing each person's potential, as envisaged in the Constitution. This is particularly true for the digitally marginalised situated in informal settlements, townships and remote rural areas (Disadvantaged Communities). Notwithstanding the above, statistics show that to date the digital community in South Africa is still very much skewed towards the affluent urban communities, with only 1% of rural households able to access the internet in their homes. Achieving universal access and service in Disadvantaged Communities is a key policy goal in a democratic society such as ours. It is in light of this that this research report presents a multi-method research approach to holistically conclude on the adequacy of the South African regulatory framework to drive the advancement of universal access and service in Disadvantaged Communities, and recommend law reform. This entails a review of the regulatory framework governing universal access and service (in the South African historical background context under the apartheid regime) compared against international best practices on the regulation of universal access and service in Disadvantaged Communities (using the prevailing socio-economic realities in Disadvantaged Communities as guiding principles). The research report findings, taking into consideration the South African historical background and the prevailing socio-economic realities in Disadvantaged Communities, indicate that the South African regulatory framework is to a great extent on par with international best practices on regulation aimed at the advancement of universal access and service in Disadvantaged Communities, barring its unsuccessful implementation. The research report identifies that the unsuccessful implementation of the regulatory framework is largely owing to its fragmentation (i.e., the regulatory framework relies on vast legislation, policies and regulations and different stakeholders for its implementation). Therefore, the proposed law reform constitute regulatory framework structural measures aimed at redressing the identified fragmentation so as to achieve a regulatory framework that adequately facilitates the implementation of the universal access and service objective in Disadvantaged Communities..
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    The development of e-technology at the pleading And pre-trial stage of civil procedure
    (University of the Witwatersrand, Johannesburg, 2023) Ferreira, Marius Salomon
    South Africa has been lodged into embracing the e-platforms since the advent of the lockdown restrictions of the Covid-19 pandemic. CaseLines, and later-on Court Online, have been introduced to the South African judicial adversarial system in the High Court Divisions in Gauteng. Since its inception, the Caselines and Court Online electronic platforms (e-platforms) have undergone numerous amendments to comply with traditional civil procedure. At the same time, the e-platforms are being used to change the civil procedure at the Gauteng Divisions. The purpose of this report is to critically analyse the CaseLines and Court Online e-platforms and the online civil procedure, through the applicable directives in place, as well as the current Rules of Court, in order to determine its effectiveness in South African civil procedure as well as its fairness in the current South African dispensation. The procedure at the High Court Gauteng Divisions is further compared to the procedure at the Labour Court and Commission for Conciliation, Mediation and Arbitration (CCMA), who have both utilised the use of certain online procedures long before the introduction CaseLines and Court Online. The use of evidence on an online e-platform is critically discussed to determine whether it is in line with the current laws involving the admission of evidence in the South African judiciary. The online judicial system in South Africa is critically compared to the current online procedures in the United States of America and in the United Kingdom to determine whether any lessons can be taken from the foreign judiciaries in terms of online civil procedure. Lastly, the report will provide concluding remarks and recommendations to consider for the South African e-platform and online civil procedure.
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    A constitutionalised approach towards consent and private information on social media platforms: adjudicative subsidiarity and the privacy laws of South Africa
    (University of the Witwatersrand, Johannesburg, 2023) Panda, Thabiso
    This research inquiry analyses the concept of consent in a social media context, which is a part of the process which individual users have to undergo when affiliating themselves with online social media platforms. The aim of these platforms is to use, collect, process, share and store users’ private personal information. The analysis engages various legislative frameworks such as the common law, statute, and legislation, to adjudicate issues related to the concept of consent – which ought to be informed. If consent is not informed, this analysis highlights the effect(s), by accentuating its negative implications on the constitutional rights of individual users, such as privacy and dignity. The research inquiry starts by examining these constitutional provisions and is followed by applying a rights-based approach to address the nuances concerning consent on online social media platforms. Furthermore, it considers whether an adjudicative subsidiary can be employed to avoid overextending the powers of the Constitution. The inquiry also investigates infringements related to informational privacy and evaluates the legal framework intended to safeguard user information from anticipated risks on online social media platforms. The purpose of the legal framework, involves interrogating non-constitutional sources against the Constitution – by giving effect to the constitutional right to privacy, as well as in part, dignity. These non-constitutional sources aim to address the potential risks of privacy violations that users may encounter consequent to giving consent when joining the online social media platforms. The act of consenting by users on these platforms allows them to exercise their right to autonomy – which has a significant moral role.
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    Artificial intelligence and automated decision making under the GDPR and the POPIA
    (University of the Witwatersrand, Johannesburg, 2024) Goldman, Gavin David; Zitzke, E.
    This analysis considers the concepts of AI and machine learning and examines their reliance on the processing of personal data and the challenges this poses from a data- privacy and human-rights perspective, particularly in relation to profiling. It evaluates the effectiveness of the General Data Protection Regulation (GDPR) and the Promotion of Personal Information Act 4 of 2013 (POPIA) in regulating Automated Decision Making (ADM) and considers the limitations of the right to an explanation under these provisions. The analysis proposes that the current framework of the GDPR and POPIA does not clearly address the issue of explainability and that the focus should shift to providing a data subject with a counterfactual to give practical effect to this right which would better serve data subjects
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    A practical review of the effectiveness of artificial intelligence in the automated review of legal contracts
    (University of the Witwatersrand, Johannesburg, 2023) Fouché, Jacques Gerrit
    This research report compares the performance of AI-driven automated contract review platforms with that of human contract reviewers, aiming to see improved effectiveness for the elements of time, cost and quality. An empirical study is done by comparing the specific performance of an automated contract review platform provider, Lawgeex, to the human contract reviewers of a business entity, Endress+Hauser. The results of the effectiveness assessment are reported on through dashboard data and questionnaires to the users of the platform. Recommendations are made both in general and specific to the two entities of the empirical study
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    South Africa's capability to regulate and enforce the sale of digital goods
    (University of the Witwatersrand, Johannesburg, 2023) Stockigt, David Henry
    There are several challenges to regulating digital goods in South Africa. Firstly, the classification of digital goods can be found in the Films and Publication Amendment Act (FPAA), which seeks to bring the Films and Publications Act in line with new technologies and digital goods. The changes made within the FPAA raise other issues and questions of who is bound to the FPAA regulations, whether it only applies to publishers in South Africa and whether the regulations will be binding on individual publishers. Secondly, copyright enforcement has become more complex as the ability to replicate and reproduce copyright protected works has become easier. The Copyright Amendment Act (CAA) now offers greater protection of copyrighted works in the art, music, film, and video game industries through royalty agreements, allowing a copyright infringer to escape liability by paying an agreed amount for the use of the digital goods. Finally, the sale of a non-physical, digital good is governed by the Consumer Protection Act (CPA); it only provides general protections when entering into end-user licence agreements. Access to the digital good will find protection under the traditional law of contract principles. South Africa has made great progress in regulating the sale of digital goods however, many gaps remain within South Africa's law. Drawing from the analysis of foreign jurisdictions, such as the United States of America (USA) and the European Union (EU). The USA, unlike South Africa, has created specific laws to govern problems that directly result from the increase in the sale of digital goods. The USA has focused their efforts on regulating password sharing, the legal principle of first sale through the Digital Millennium Copyright Act and the Computer Fraud and Abuse Act. Finally, the USA has also allowed for specific copyright protection within the video game industry, protection that is not available in South Africa. On the other hand, the EU offers more generalised protection as the EU's Copyright provides broad solutions instead of individual laws addressing individual issues. The EU’s solutions include a strike system and the transfer of copyright infringement liability to the providers of the infringing material, allowing for adequate and efficient enforcement of copyright protections across multiple jurisdictions within the EU. South Africa would need to consider creating regulations that address live streaming, increasing video game copyright protection, and implementing the strike action through newly focused regulations rather than existing film and copyrights laws. By extending existing liability regulations to include those who provide access to the infringing material, it would enhance and encourage more well-rounded and sufficient protections in South Africa
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    Social media posts and memes: a South African perspective on the intersection of copyright law, internet use and privacy
    (University of the Witwatersrand, Johannesburg, 2023-07) Mpipa, Simamkele Kuhle; Andanda, Pamela
    This research report is a reflection on the intersection of social media, privacy, dignity, and copyright law. With a click of a button, social media platforms, and the Internet at large, reveal personal information belonging to millions of individuals around the world, the digital environment has changed life as we once knew it. Legal scholars and legal practitioners must now face the novel legal issues which have been brought about the digital age. Due to the law’s reactive nature, privacy and data protection have been put at the forefront of new legislation. The subject of this paper is not data protection, rather this paper analyses the common law protection of privacy and copyright law in South Africa within the context of social media. In light of the changes brought about by the digital age, the position that I put forward in this paper is: to effectively address the challenges created by the digital environment, we must strive to adopt innovative and creative ways to use existing law rather than create new law. The paper discusses how internet memes can be harmful to the privacy and dignity of the individuals whose works they are derived from. I also examine the common law protection of privacy within this context and whether it is appropriate for addressing related issues in the digital age. Lastly, I put forward remedies in copyright law, particularly the protection of moral rights of an author, as a possible recourse that can be used by authors whose works have been made into internet memes