Electronic Theses and Dissertations (Masters)

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

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Subject: search.filters.subject.UCTDSubject: search.filters.subject.South AfricaSubject: search.filters.subject.SDG-8: Decent work and economic growth

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Now showing 1 - 7 of 7
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    Financial inclusion in South Africa: An analysis of the financial sector regulatory framework and proposals for reform
    (2018-09) Duma, Amanda; Kawadza, Herbert
    Abstract Not Available.
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    Unpacking physical accessibility to primary education under the international covenant on economic, social and cultural rights: lessons for South Africa
    (University of the Witwatersrand, Johannesburg, 2023) Liphapang, Mpho
    Physical accessibility to primary education is a component of the feature of accessibility under the 4As framework of the UN Committee on Economic, Social and Cultural Rights. Up to the present time, the dimension of physical accessibility in the implementation of a primary education for children, has regrettably been the least engaged subject by human rights scholars, lawyers, and judges alike. This fact is reinforced in two main ways that are immediately apparent, namely (1) the scarcity of focused scholarship and judicial engagements on the subject, and (2) the minimal attention afforded to the content and meaning of physical accessibility when the subject is eventually engaged. These shortcomings have culminated in the emergence and broad acceptance of narrow theorisations of physical accessibility, through which the dimension is generally understood as a sole concern for schools to be situated at geographically convenient and accessible locations for the learners. In this research report, an examination of physical accessibility is undertaken with the aim to uncover its substantive content and meaning under the ICESCR, and to draw lessons on how it can contribute meaningfully to the achievement of a basic education in South Africa
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    An assessment of the adequacy of South African fintech regulation: comparative analysis and proposals for reform
    (University of the Witwatersrand, Johannesburg, 2023) Akhtar, Mohammad Naeem
    The past few years have been characterised by unprecedented developments in financial technology (fintech) including rapid innovation in mobile payment systems, peer-to-peer lending, virtual currencies and blockchain technology. A sizeable portion of innovative fintech has arisen outside of the traditional financial and banking system largely driven by venture capital-backed fintech start-ups. This disruption and evolution in banking and financial services caused by fintech innovation has heightened the need for new policies and rules regarding the regulation of fintech to be both thorough and forward thinking. This is because the effective regulation of fintech is crucial to innovation and the future success and stability of the financial services industry as a whole. This paper assesses the adequacy South Africa’s current regulatory framework in relation to fintech, with a primary focus on the emergence of specific fintech in South Africa such as payment systems, lending and cryptocurrencies and their respective regulatory frameworks. A review of the risks posed by fintech usage and inadequate regulation is carried out – of which cybercrime and data privacy were identified as emerging risks. This is followed by an analysis of the strengths and challenges of South Africa’s regulatory framework which indicates that South Africa boasts a robust and well-regulated financial sector. The focus is then turned to a comparative analysis of foreign jurisdictions, particularly Australia, Nigeria, and Kenya with the aim of identifying measures that could be adopted to further strengthen fintech regulation. The paper ends off with a list of proposed recommendations to be adopted to improve South Africa’s fintech regulation, including inter alia the adoption of open banking and the creation of a harmonised system of regulation in the region
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    The efficacy of legislation and institutions aimed at regulating insider trading in South Africa
    (University of the Witwatersrand, Johannesburg, 2023) Kgagudi, Moruthanyane Vincent; Kawadza, Hebert
    Insider trading should be regulated and prohibited to ensure the effective operation of securities market. South Africa has witnessed several amendments of law intended to strengthen the insider dealing prohibitions, however these changes have resulted in few civil settlements, low administrative sanctions and insignificant criminal convictions. The main research objectives of this study are to investigate the efficacy of the legislation, institutions and strategies aimed at regulating insider trading in South Africa. The study used the textual analysis method and the desktop research approach, whilst drawing on the unified misappropriation theory. The findings of the study indicates that both the legislative shortcomings and the proposed solutions pointed to the importance of ensuring that offences are easier to prove and the need of the ability of the authourities to discern the nature of insider trading contraventions. The research also argues for contemporary, prudent, business and ethically informed alternative insider trading enforcement strategies. The argumentation for a pragmatic position for the enforcement of insider trading revealed the importance of the three-pronged utilisation of insider trading remedies, with the urgent need to enhance successful criminal prosecutions. Strengthening criminal sanctioning methods would help set national legal precedence and enhance the deterrence of insider trading offences. Whilst insider trading establishments’ challenges entail staffing, apparatus, operational and structural restrictions, the proposed strategies to these limitations strengthens the institutional capacity of establishments that enforce insider trading sanctions in South Africa. The envisaged legislative, institutional and enforcement solutions would enhance the potential for successful criminal convictions, strengthen insider trading legislation and help maintain the integrity and stability of local financial markets. Overally, the study’s challenges and the suggested solutions shows that the current legislative, institutional and enforcement limitations hinders-, whilst the envisaged resolutions improves the efficacy of the legislation and institutions aimed at regulating insider trading
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    "Are all things equal? Operational considerations in the integration of deemed employees into workplaces"
    (University of the Witwatersrand, Johannesburg, 2022) Otten, Rosita Joanne; Mushariwa, Muriel
    This research report is a policy-based study of the regulation of temporary employment services in South Africa. It is set against a contextual background of the development of Labour Brokers in South Africa as well as a contextual understanding of the regulation of temporary or atypical employees under International Labour Organisations Standards (ILO). The scope of this research is limited to only considerations of ILO Standards and does not consider a comparator of other countries. Future research could take it further in this regard to measure how Labour Brokers are offered labour law protections globally. This research report considers the development of labour law in South Africa and how the changes in the South Africa’s labour law policy have introduced mechanisms to afford and ensure greater protection of this vulnerable employee. The research reviews the recent legislative overhaul, in consideration of having the purpose to offering progressive protection to various atypical forms of employees and specifically a temporary employee who attains a deemed employment relationship status. The research aims to assess the extent to which the amendments to the South African labour legislative framework has been able to achieve its desired aims, by first considering how the provisions relating to temporary employment services, should be interpreted and applied. Secondly reviewing various operational considerations that impact the full integration of the deemed employee into the workplace in order to ensure on the whole not less favourable treatment and finally in having reviewed such operational considerations, assess and critique the impact these amendments have achieving protection of this vulnerable class of employee
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    Regulating mental illness in the South African workplace — lessons from Canada
    (University of the Witwatersrand, Johannesburg, 2022-12-20) Mylchreest, Aidan; Pillay, Karmini
    In post-Covid-19 South Africa, an already stressed population has returned to work. A mental health crisis is emerging and this is evident amongst employees who are struggling with mental illnesses such as depression. In these circumstances, both employers and employees will need guidance when faced with mental illness in the workplace. The recent matter of Jansen v Legal Aid South Africa (2018) 39 ILJ 2024 (LC) (‘Jansen’) is an example of a dispute that arose out of allegations of unfair discrimination and unfair dismissal, due to an employee’s depressive condition. This paper will examine the decisions of the Labour Court and the Labour Appeal Court in Jansen with a view to analyse the approach of the respective courts, in the context of disability and unfair discrimination. This paper identifies the shortcomings of the Jansen judgements and argues that both courts missed an opportunity to provide certainty to both employers and employees. This paper goes on to consider Canada’s progressive approach to mental health and the legal mechanisms developed to provide protection to employees. Canadian jurisprudence will serve as a source of comparison, with a view to extract lessons in managing mental illness in the workplace. Finally, this paper recommends that legislators consider Canada’s legal approach to mental illness with a view to develop a Code of Good Practice focused on mental illness in the workplace
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    A comparison between internet anti-money laundering statutes and preventative mechanisms in South Africa
    (University of the Witwatersrand, Johannesburg, 2022) Maistry, Kireen
    South Africa has come a long way since the apartheid era, transitioning to a country of democracy for its people and advocating for non-violence. However, struggles persist in inequality, poverty, unemployment and crime. Due to the social, economic, and political challenges and allegations of continuous corruption the country is often perceived negatively. Despite a growing body of laws, regulations, and systems geared to fight crime, the crime rate remains high and prosecution low. As a result, South Africa has become a soft target for criminals who conceal the proceeds of crimes through money laundering. Through money laundering, criminals have exploited the banking and financial sector, the casino and gambling industry and the real estate business in South Africa. As a consequence of the onset of money laundering, the South African government has had to enact legislation and regulatory bodies in each sector to detect, prevent and prosecute organised crime. The latest challenge to combating money laundering is the advent of the internet which has created newer, faster and more evasive channels for criminals to launder money via cyberspace. Given that the internet and technology are ever-changing, historic anti-money laundering laws and mechanisms may not be effective enough to combat the crime of ‘cyberlaundering’. This thesis discusses pre- and post-internet methods of money laundering in the banking, casino and gambling and real estate sectors in the South African economy and focuses on whether current legislation and mechanisms are effective enough to combat developments in money laundering