School of Law (ETDs)

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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
A consideration of the bank’s position in the context of an erroneous deposit made
(University of the Witwatersrand, Johannesburg, 2023) Ncube, Vanessa; Dass, Daven
The issue of erroneous deposits is one that is of importance not only to academics and the public but banks too, especially with the rise of and change in technological developments which comes with the ineluctable erroneous/mistaken deposits, for example, through internet banking. It is within the context of the above that I seek to consider the bank’s position where an erroneous deposit has been made. In tackling this, I will examine whether a bank owes an obligation to a third party (the person that made the deposit) if the bank allows its customer (the accountholder to whom the erroneous deposit was made) to utilise the mistakenly deposited funds, given that the bank is aware that the customer does not have a well-founded entitlement to the funds. Within the context of the bank’s obligation, regard will be had to whether in fact the bank can use the funds for its own benefit by setting off the customer’s debt owed to it, taking into consideration the lack of legal entitlement of the customer to the funds. I will also discuss the bank’s ownership and potential liability in relation to the use of erroneously deposited funds. I also seek to examine possible remedies having regard to the litigious regulatory framework in subsequently recovering the mistaken deposit from the bank
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.
A feminist ontology to data commercialisation: Evaluating women's access to information and privacy within the medico-legal sphere in South Africa
(University of the Witwatersrand, Johannesburg, 2024) Neto, Ângela Pacheco; Swemmer, Sheena
With the dawn of the Fourth Industrial Revolution, rapid exchanges of data have intensified. Technologies like biometric monitoring, female-oriented technologies, and artificial intelligence bring with them a host of legal issues related to consent, access, privacy, and liability. Vulnerable populations or groups must be given particular attention as standard data practices serve to reinforce existing inequalities. For this reason, female-directed and female- generated health data is specifically considered herein. By employing a data feminism lens, it becomes apparent that the current South African regulatory framework has been legislatively misapproached with regards to the medico-legal sphere in South Africa. The methodology herein draws on critical review methods, thematic analysis, and legal discourse analysis, ultimately utilising the general principles of research inherent in the socio-legal sciences. A responsive and flexible health data law that incorporates intersectional narratives is advanced. This holistic response must account for the two-faced coin of female access to information and privacy in order to address historical structures of power inequity
A legal analysis of the complexity of race and gender disadvantage in terms of the Employement Equity Act in South Africa
(2019) Mushariwa, Muriel Tapiwa
Centuries of colonialism and Apartheid created a legacy of inequality in South Africa that the democratic Constitution, 1996, seeks to address. The constitutional mandate in section 9 of this Constitution, enacted through the Employment Equity Act 55 of 1998 (EEA), requires designated employers in the public and private sphere to address the inequality in the workplace through the application of affirmative action. The EEA identifies the beneficiaries of affirmative action policies as black people, women and persons with disabilities. It is clear that these constitute three distinct groups, but that it is also possible for an individual to belong to more than one of these collectives. For example, black women fall within two designated groups on the basis of race and gender, and this dual disadvantage creates a multi-layered, unique and complex type of inequality. The main aim of the EEA is to create a representative workforce, and designated employers have a duty to break down the barriers that prevent members of the designated groups from entering the workplace. Once employed, employers need to assist members of the designated groups to progress in the workplace. However, having a representative workforce does not translate into a transformed workforce. It will be argued in this thesis that a transformed workplace is representative, but also requires the breakdown of institutional norms, processes and structures that prevent the progression of members of the designated groups. The question to be asked is whether affirmative action, in its current form, is able to transform the workplace. To answer this question, it is vital that consideration be given, firstly, to the type of substantive equality that is to be achieved in the application of affirmative action. It will be shown that the aim should be a transformative substantive equality of outcome. Focus will be placed on the fact that individuals who fall within the designated groups are not equally placed in terms of their experience of disadvantage. It is submitted that consideration of differing experiences of disadvantage needs to be taken into account so as to avoid the creation of an elite middle class black, and possibly male, group, which benefits from affirmative action to the exclusion of others, thus hampering the achievement of equality in the workplace. This thesis will show that a transformative form of substantive equality of outcome needs to be applied to affirmative action in the workplace. This transformative form of substantive equality includes a situation sensitive approach to the implementation of affirmative action in the workplace. A situation sensitive approach will apply affirmative action strictly on a case by case basis with regard to the demographic profile of the specific workforce, and the employment equity policy of the particular workplace. A one size fits all approach cannot deal with the complexity of disadvantage that needs to be addressed. It will be argued that, besides a situation sensitive approach to race, gender and disability, the issues of social, political, economic and educational disadvantage are factors that should be given consideration in identifying the true beneficiaries of affirmative action. To further illustrate this point, particular attention will be given to women within the designated groups, in order to unpack the nature of disadvantage they experienced in the workplace. Two case studies, focusing on women in male dominated professions, the legal profession and the mining industry, will be used to illustrate this point. This thesis will show that ultimately, the goal of affirmative action must be seen to be to change the workplace by breaking down both the visible and invisible barriers of equality and, in doing so, create an environment where, constitutional values of equality, human dignity and freedom are truly recognized and protected.
A legal approach to whether ai generated content should be protected under copyright
(University of the Witswatersrand, Johannesburg, 2023-10) Stransky, Caitlin
Currently, there is no clear answer for whether AI-generated content should be protected under copyright law in South Africa and if so, who is the author and who owns the copyright. As AI is growing more advanced and widely used, the potential for confusion grows and thus clarity on the law’s position is important. In this paper, I will examine how AI generates works and compare this to the purpose of copyright law. I will then determine whether granting AI- generated works copyright protection aligns with the purpose of copyright law. Further, I will conduct an analysis on how different countries have dealt with the question of whether AI-generated content should be protected under copyright. This will help pinpoint the factors to consider when answering this question such as the requirement of human authorship, legal or juristic person ownership of the copyright and whether the works are copyrightable. It is important to consider how South Africa’s legal system should approach issues surrounding AI-generated content and copyright. In examining the South African legal position on this question, I will conduct an analysis on the approaches taken by the US, the UK, Germany, Australia, China, and South Africa in relation to AI-generated works and copyright. This range of countries will allow for a greater understanding of the issues, complexities, and factors to consider while answering this question
A new dispensation for excessive pricing in the South African competition amendment act
(University of the Witwatersrand, Johannesburg, 2023) Mokoena, Moleboheng Andronica
The Competition Act, 89 of 1998 (‘the 1998 Act’) was enacted as the law governing competition law in South Africa. Prior to its amendment, the provisions on excessive pricing were contained in section 8(a) of the 1998 Act which prohibited ‘dominant firms from charging excessive prices to the detriment of consumers’. The 1998 Act was amended by the Competition Act 18 of 2018 (‘the Amendment Act’). Central to these amendments was a change in approach to excessive pricing. In particular, the Amendment Act introduced a new test for excessive pricing and added new provisions to determine cases of excessive pricing. The purpose of this research report is to evaluate the new provisions of excessive pricing and to assess whether the newly introduced test for determining excessive pricing provides a clearer framework for competition authorities. The Report further discusses some of the seminal cases on excessive pricing decided pre and post the Amendment Act
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
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.
A review of the latest developments in South African refugee law and policy in light of the country’s international obligations
(University of the Witwatersrand, Johannesburg, 2024) Boda, Nabeel
This research considered the issue of whether latest developments regarding South African refugee law and policies are aligned to the country’s international obligations. The motivation behind this research report is to contribute to academic and public discourse on human rights, migration, and global responsibility. Furthermore, this report serves as a platform for critical analysis, shedding light on the intricacies of South Africa's approach to refugees and asylum seekers in the context of its international commitments. It is imperative to comprehend the evolution of the legal framework governing refugees and asylum seekers in South Africa, given the significant presence of hundreds of thousands of refugees and asylum seekers within the country's borders. The question of refugees and asylum seekers is both a legal and political matter. Legally, it involves navigating international agreements and national laws that dictate how these individuals are recognised and protected. Simultaneously, the issue extends into the political sphere, where decisions on refugee policies are influenced by domestic political considerations, public opinion, and concerns about national security or economic stability. The interplay between legal principles and political realities shapes the approach a nation takes, highlighting the need for nuanced solutions that address both aspects of this complex challenge. The aim of this research report is to consider the recent developments of South African refugee law and policy and how it aligns with the country’s international obligations.
A review of the right to basic education, the 2020 Covid-19 related schools' shutdown, and the courts in South Africa
(University of the Witwatersrand, Johannesburg, 2024) Booi, Ntombizinhle Princess
Owing to COVID-19, the South African government ordered the closure of educational facilities in the country to try and curtail the spread of the virus. At the time, no one knew the extent to which the virus had spread, its potency for the South African public, how it impacted on children and what actions the government could take, besides locking down the country. Both the government and the public were facing a pandemic of this kind for the first time. However, the closure of schools placed the educational rights of learners under a spotlight, as under the Constitution of the Republic of South Africa, 1996, basic education is a right. The closure of the schools had many consequences for the right to basic education, including that education delivery, as it was then known, had to be changed. Yet, it is reasonable to assume that many schools were ill equipped for the sudden change which could not have been foreseen. To this end, there had to be a way forward for schools, and online learning became a viable avenue for ensuring that education did not come to a standstill. Yet again, it is reasonable to assume that many schools would not have had the capacity to transition to, let alone facilitate and maintain, online learning. A preliminary conclusion then would be that COVID-19 had a direct impact on the right to education. This is only the start, however, because the next line of inquiry would be whether the decision of the state to close educational facilities through the lockdowns was reasonable, and consequently justified considering the limitation it brought to the right to education. This report concludes by examining two cases that addressed these questions.
Achieving SDG 10: What role for Competition Law and Policy?
(University of the Witwatersrand, Johannesburg, 2024) Rampai, Karabo; Vinti, Clive; Beyleveld, Alex
nequality has been one of South Africa’s biggest challenges and with stagnating economic growth, the future does not look enticing. If the country wants to ultimately achieve sustainable equality, an extensive legislative scheme that caters for the present and the future is crucial. The implementation of these legislative schemes should not give complete precedence to measures which lead to economic growth. This is because economic growth does not automatically lead to poverty reduction or reduced inequality. Poverty and inequality have increased in most countries over the last decades despite decent economic growth rates because the capital growth mostly goes to the top of the income distribution and does not trickle down. Rather, legislative schemes must apply measures which promote and emphasise participation of historically disadvantaged persons in the economy. This kind of approach is good because it decreases levels of inequality in such a manner that is good for sustainable economic growth. Furthermore, this approach shares similarities with the United Nations Sustainable Development Goal 10: Reducing Inequalities and it is also cognisant of the economic circumstances in South Africa and has had relative success when executed correctly.
Adequacy of Data Protection Regulation in Kenya
(University of the Witwatersrand, Johannesburg, 2023-10) Laibuta, Antony Mugambi; Zitzke, Emile
Article 31 of the Kenyan Constitution provides for the right to privacy. The Kenyan Data Protection Act, 2019 gives effect to Article 31(c) and (d) of the Constitution. This study is about whether data protection regulation in Kenya would inspire any confidence in data subjects who enjoy protection of their right to privacy under Article 31 of the Constitution. Kenya, going with the global trend, in November 2019 enacted the Data Protection Act. Before the enactment, Kenya had debated data protection Bills for over a decade. But even with the enactment of the Data Protection Act, the question remains whether this was sufficient to guarantee the right to privacy and specifically data subject rights. The main aim of this study is to determine the adequacy of data protection regulation in Kenya by responding to five questions: How has data protection evolved in Kenya? What framework should be used to determine the adequacy of data protection regulations? To what extent is the legal framework on state surveillance adequate? To what extent is the legal framework on commercial use of personal data adequate? How adequate are the available remedies in relation to data protection in Kenya? To wit, no comprehensive academic discussion has explored the history of privacy and data protection in Kenya. This study fills this gap in the academic literature. It has established, through highlighting constitutional and statutory provisions, that the right to privacy in Kenya has been in existence since Kenya gained independence from colonial rule. Conversations during the clamour for constitutional reforms shaped the current text that provides for an individual right to privacy which has been the springboard for data protection rights to be introduced. There is no immediately obvious framework that would be ideal to determine the adequacy of data protection regulation in Kenya. In light of this gap, this study has presented a simple set of questions used in day-to-day legal practice to be used as the determination-of-adequacy framework. The questions, “who?”, “why?”, “what?”, “when?”, “where?”, and “how?” are iv posed on State surveillance, surveillance capitalism, and access to effective remedies. Responses to these questions are juxtaposed with provisions of the European Union’s General Data Protection Regulation and South Africa’s Protection of Personal Information Act. The responses reveal the level of adequacy of data protection regulation in Kenya. On adequacy in State surveillance, surveillance capitalism, and availability of effective remedies, the study has revealed that while there are provisions of the law that adequately regulate the three issues, there are gaps and ambiguities that must be addressed to raise the level of adequacy and inspire confidence in data subjects. For the gaps and ambiguities, this study recommends law reforms in the form of amendments to provisions of the Kenyan Data Protection Act, Data Protection (General) Regulations, Competition Act, National Intelligence Service Act, and the Data Protection ADR Framework. This study also recommends enactment of new law including an Artificial Intelligence Act, Data Protection (Statutory Database) Regulations, and Regulations on interception of communications under the Prevention of Terrorism Act and other enabling statutes.
Adopting the theory of degrowth as a means to achieve sustainability in South African law
(University of the Witwatersrand, Johannesburg, 2023) Ramsay, Madison; Bapela, Mpho
Capitalism’s mandate of infinite, exponential growth on a planet with finite, non-renewable resources has resulted in global environmental crisis. Contextualized by South Africa’s industrial Minerals-Energy Complex, this paper submits that the growth imperative of neoliberal fossil capitalism is resulting in unsustainability in South African environmental management. Decision-making is skewed in favour of economic growth at the expense of sustainability. Degrowth is a movement that rejects the growth imperative as compulsory; it is a call not only to do less, but to do differently, a counterhegemonic alternative to capitalism that seeks environmental justice, decolonization of the North-South divide, and alternatives to growth and development. This paper posits that rejecting capitalism’s growth imperative and approaching environmental management from a degrowth perspective can inform sustainability in South African environmental law. It posits that degrowth can find applicability in South African environmental law through its compatibility with ubuntu, which in the context of this study is accepted as a similar counterhegemonic alternative to capitalism. This paper emphasizes ubuntu degrowth as a framework to conceptualize South African environmental management, insofar as it offers a transformative alternative to growth, and to capitalism itself
Algorithmic pricing and its implications on competition law and policy in South Africa
(University of the Witwatersrand, Johannesburg, 2023) Fowler, Ashly
The upsurge in the use of technology has proliferated the use of pricing algorithms which have become essential to e-commerce. Although South Africa had been privy to this shift prior to 2020, the onslaught of the Covid-19 pandemic exacerbated this shift. While the use of pricing algorithms in Competition law is accompanied by many pro-competitive benefits, it is also accompanied by various anti-competitive effects which include algorithmic-based collusion. Despite the fact that this topic has been addressed within the context of competition law in other jurisdictions, it has yet to be addressed from the viewpoint of the South African Competition Act 58 of 1998. Accordingly, the aim of this paper is to establish whether the Competition Act and South African competition policy at large, is robust enough to withstand the effects of digitalisation, particularly from the perspective of section 4 of the Competition Act which regulates relationships between competitors. In carrying out this analysis, this paper defines pricing algorithms and outlines their pro-competitive and anti-competitive effects.Thereafter, through the prism of four scenarios where pricing algorithms facilitate collusion, as posited by Ezrachi and Stucke in their seminal work on Virtual Competition, this paper establishes the robustness of the Competition Act by applying the scenarios to the Acts. Ultimately, this paper concludes that the current Competition Act (as amended) is in fact robust enough to tackle situations where algorithmic-based collusion arises. Where it is not, this paper argues that it is, at present, unnecessary for the relevant authorities to amend the current law or introduce any new laws
An Analysis of Statutorily Imposed Sectorial Affirmative Action Targets
(University of the Witwatersrand, Johannesburg, 2024) Willem, Kegomoditswe Daphney; Van Staden, Marthinus
The World Bank has classified South Africa as the world's most unequal country.1 The circumstances inherited from the Apartheid regime have been noted as contributors to the increase in inequality.2 While the government has enacted legislative restitutionary measures to address the inequalities caused by the Apartheid regime, the pace at which these measures are addressing inequity has been regrettably slow. The Employment Equity Act3 (EEA) was enacted to mitigate the effects of workplace discrimination by prohibiting unfair discrimination and requiring employers to implement affirmative action measures to ensure that their workplaces are representative of the country’s demographics.4 Preferential treatment of people from designated groups and numerical goals set by designated employers to increase the representation of suitably qualified people from designated groups in the workplace are some of the affirmative action measures that designated employers are empowered to implement.5 The Employment Equity Amendment Act6 (EEAA) will introduce a shift in South Africa’s approach to transformation of workplaces from a self regulated approach to a statutorily prescribed approach in terms of which the Minister of Employment and Labour will prescribe sectorial targets which each economic sector will be required to comply with. The acceleration of workplace transformation is crucial to address previous disadvantages. However, the statutorily prescribed approach to affirmative action may not be an appropriate approach for South Africa in circumstances where the EEA has not be utilised to its full potential and the new approach may pose a risk to employees’ right to equality.
An Analysis of the Fairness, Sufficiency, and Clarity of Section 71 of the Companies Act 2008 for the Removal of Directors
(University of the Witwatersrand, Johannesburg, 2024) Shnketa, Isreal; Katzew, Judith
The removal of directors in corporate governance is a subject of paramount importance, as it pertains to the dynamic equilibrium of power within a company. This research report delves into the intricate landscape of director removal by shareholders under section 71 of the South African Companies Act.1 Specifically, it scrutinises the contested view that shareholders are not obligated to supply motives for their removal decisions, relying solely on an ordinary resolution. This report examines the implications of the above provision on the delicate balance of power shared between directors and shareholders within the corporate structure. It traverses the historical evolution of director removal laws in South Africa, offering a comprehensive analysis of the legislative framework and its historical context. Furthermore, this report aims to critically assess the recent Miller v Natmed Defence (Pty) Ltd2 case, a landmark judgment, which like the case of Pretorius v Timcke3 challenges the conventional understanding of director removal. While Miller is currently binding only within a specific province, its dissent from the Pretorius case on the requirement for shareholders to provide reasons for director removal sparks debate and calls for further exploration by the higher courts. The findings of this research report aim to contribute to a nuanced understanding of the legal intricacies surrounding director removal and its implications for corporate governance in South Africa. The conclusions drawn shed light on the evolving dynamics of power, underscore the need for legal clarity, and beckon for potential legislative adjustments in pursuit of a balanced and transparent corporate landscape.
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
An assessment of voluntary debt review termination and the shortcomings of the National Credit Act in relieving the debt burden of over-indebted consumers in South Africa
(University of the Witwatersrand, Johannesburg, 2023-03) Brown, Robin-Lee; Du Plessis, Riette
Among other objectives, two of the primary goals of the National Credit Act (NCA) are to help over-indebted consumers and to prevent the abuse of credit. This research report examines the NCA’s legal framework and impact of the NCA on over-indebted consumers with regard to debt review and the voluntary termination process. This research report delves into the challenges that consumers face when attempting to voluntarily terminate debt review prior to their debts being paid off in full as seen in the Van Vuuren case whereby a consumer was unable to exit debt review despite having the means to manage his own finances. The conclusion reached in this study is that, while the NCA has introduced a procedure which results in the reduction of over-indebtedness among consumers, there are issues with the debt review regime that should be addressed. The report further concludes with recommendations for improving the NCA’s debt review regime and providing an enhanced debt relief procedure for consumers in the Republic of South Africa. By adopting these recommendations, the debt review process will further advance the interests and protection of consumers
An Ecofeminist Approach to Understanding Deficiencies in the Mining Regulatory Framework in South Africa
(University of the Witwatersrand, Johannesburg, 2024) Malindi, Zanele; Meyersfeld, Bonita
Black women in rural areas of South Africa experience the harm in mining-affected communities more than other groups. This research report examines the legislative causes of this unequal distribution of harm. This report undertakes an analysis of the regulatory framework governing mining using the storytelling of two black, eco-activists in South Africa as the research methodology and ecofeminism as the theoretical premise to analyse and critique this framework. The issues of exclusion, limited participation, self-determination, violence, land rights, and legislative challenges are elucidated through the compelling stories of these two women and their legal battles in the pursuit of justice. Introducing ecofeminism as a theoretical framework, the paper underscores the shared oppression experienced by women and nature within patriarchal societies, advocating for the integration of ecofeminist principles into decision- making and legislative processes. In its conclusion, the paper calls for legislative reform, exposing the disparities between existing frameworks and the harsh realities faced by women, especially in environmental activism. Accentuating the pivotal role of women’s active participation and public engagement, it proposes these as essential steps towards a more equitable and sustainable future. The convergence of ecofeminist principles, inclusive decision-making, and public participation is presented not only as a moral imperative but also as a pragmatic necessity for addressing the intricate challenges posed by environmental degradation and gender-based discrimination.