Faculty of Commerce, Law and Management (ETDs)
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Item Institutional racism and its oppression of the black employee’s economic freedom(2021-11) Lubile, Nyota C.SInstitutional racism can be identified as a prominent factor, amongst numerous others, in the slow progression of the black population in the South African workplace. Consequently, due to the perpetual undermining of the black race and their professional capabilities, this leads to the rather slow (socio-) economic growth and progress of the black workforce and population in the long run. This report considers the extent to which institutional racism still has an impact on the (socio-) economic emancipation of the black worker which ultimately limits their standard of living. The origin of institutional racism from the colonial and apartheid era lay the foundation for the report, the effectiveness of corrective policies and legal frameworks are explored together with the elements of Critical Race Theory and how they are relevant to the issues pertaining to institutional racism in the workplace. Two areas that are specifically looked into are institutional racism against women and black women particularly as well as its presence in the legal profession. From a statistical perspective, theory is translated into numbers – the findings support and demonstrate how indeed there is a large gap between the saturation of the white race and the black race at different skills levels in the workplace as well as in business management and ownership in comparison to the economically active population of each race group. This corroborates the findings of the literary research in that systemic racism is still a major barrier to the elevation and progressions of the black population in the workplace and ultimately in their general standards of livingItem Capacity development of service delivery structures and programmes in Bojanala Platinum District Municipality(2021) Mphahlele, MatukuBojanala Platinum District Municipality (BPDM), in the North West Province is a centre of the extractive economy in South Africa. The BPDM experiences challenges in relation to delivering quality public services. In this context, this thesis examines capacity development of service delivery structures and programmes of the local municipalities, in the BPDM, that is, Kgetlengrivier, Rustenburg, Madibeng, Moses Kotane and Moretele. In addition, the study explores the ways in which they can be overcome for enhanced service delivery. The BPDM is embedded in an extractive economy and experiences challenges of the largely heterogeneous and mobile population that results in high influx of labour migrants, socio-economic inequality, and unemployment that impact heavily on the municipal capacity to deliver services (Van Wyk, 2012; Alexander, Sinwell, Lekgowa, Mmope & Xezwi, 2012). Accordingly, the Mineral Petroleum Resource Development Act 28 of 2002 (MPRDA) unpacks legislative prescripts on what structures mining companies have to establish, how to monitor and report on collaborative Social and Labour Plans (SLPs) in conjunction with municipal Integrated Development Plans (IDPs) for enhancement of service delivery. Thus, the study also examines the nature of structures and programmes, facilitators and inhibitors of skills development initiatives and how mining companies as local partners facilitate or impede improvement in delivering municipal services to the community. Within the context of local government capacity development, this study develops a theoretical framing incorporating scholarship on human capital, performance improvement and collaborative participatory governance perspectives. This framing is premised on the scholarly evidence that capacity development is an enabler of service delivery, influenced by skills development, municipal performance improvement and collaborative participation. ii )To generate perspectives in relation to capacity development of service delivery structures and programmes, a qualitative case study approach, using interviews is adopted. Semi-structured interviews were undertaken with senior managers in the municipalities and the respective, locally based mining company. In addition to semi-structured interviews, documentary analysis and the descriptive statistics were employed. The study’s research questions examine the structures and programmes for enhancing capacity development in relation to service delivery. In addition, the study hones in on how local partners facilitate or hinder improvement in providing municipal services and how local municipalities better utilise their capacity development resources, including partnership with mining companies in relation to service delivery. This case study reveals that there are difficulties with respect to capacity development associated with skills retention, organisational relations and socio-political capacity building. The study concludes that political abandonment, poor communication and stakeholder engagements aggravate weakened inter-municipal co-operation and inadequate utilisation of resources. These challenges undermine cost-effective, efficient and effective implementation of capacity development of service delivery structures and programmes, underpinned by skills development and organisational learning. This study, suggests that socio-political resilience and administrative synergy are key enablers in the enhancement of service delivery. The thesis contributes to the body knowledge about the distinctive nature of the interface between learning and skills development, underscoring key enablers of improved capacity development of service delivery structures and programmes.Item An intersectionality of race and ethnicity: the glass ceiling in the banking sector in Kenya and South Africa(University of the Witwatersrand, Johannesburg, 2021-12) Genga,Cheryl Akinyi MargaretEven though progress has been made in the Kenyan and South African banking sector, Black African women remain a minority in Top Executive leadership positions. Previous research on the “glass ceiling” focuses on Black African women as one homogenous group not acknowledging the diversity dimensions of Black African women from Africa. Invisible factors such as race and ethnicity have been stated to contribute to the glass ceiling in the banking sector, yet this has not been investigated making Black African women more invisible. This research primarily aims to provide an understanding of the intersectionality of race, ethnicity, and career advancement of Black African women in the Kenyan and South African banking sector. This research further aims: to describe the obstacles that Black African women still face, to analyse the diversity of Black African women in management, to identify the reasons as to why some Black African women have been able to crack the glass ceiling in the Kenyan and South African banking sector and to give recommendations to stakeholders as to how they can help crack the glass ceiling for Black African women in the Kenyan and South African banking sector. To address the research objectives, this research applied a qualitative Intercatergorical Intersectionality Approach to provide an understanding of the relationship between race, ethnicity, and gender in the Kenyan and South African banking sector. This was facilitated by the use of semi-structured in-depth interviews and focus groups that were carried out with the participants being Black African women managers in the Kenyan and South African banking sector in Nairobi and Johannesburg, respectively. Data collected from the interviews were transcribed and analysed using thematic analysis in which themes and patterns were identified to address the research objectives. Firstly, findings from the research illustrated a relationship between race, ethnicity, and gender. The extent of the relationship between race, ethnicity, and gender was discussed by the role of race, the role of ethnicity, the intersectionality of race and gender, and the intersectionality of race, ethnicity, and gender in the career advancement of Black African women in the Kenyan and South African banking sector. Secondly, the findings identified the obstacles that Black African women still face in the banking sector, which were discussed and described into three groups: Black African women are their own worst enemies in the banking sector. Thirdly, the findings illustrated the diversity dimensions of Black African women managers from the Kenyan and South African banking sector in relation to their race, ethnicity, and the positions that they held in the banks they were working for. Fourthly, the findings highlighted reasons as to why some Black African women managers had cracked the glass ceiling (discussed with the use of the glass ceiling scale). Fifthly, the findings recommend that stakeholders have to be fully committed if they want to help Black African women crack the glass ceiling in the Kenyan and South African banking sector. In conclusion, through the findings, this research provides a conceptual framework to understand the glass ceiling in relation to the intersectionality of race, ethnicity, and gender of Black African women in the Kenyan and South African banking sector.Item Illegal migration into South Africa and its National Security impact(2021) Tau, Matlhomola LesleyThe main concern about the growing number of illegal or undocumented migrants moving into South Africa has been the influence on risks of this illegal migration to national security. The purpose of this research was to highlight the extent of illegal migration into South Africa and its impact on national security. As a result the study proposed policy and institutional options to address this problem. Through literature reviews, documentary analysis, interviews, and observation, it materialised that the South African government is fragmented in its efforts, without the required legislation, systems, capacity, and level of security require-to enforce compliance and to secure its borders. This compromises the border controls and exposes South Africa to illegal migration, resulting in conflicts between local citizens and migrants-and transnational crimes. South Africa should apply stronger governance measures to enhance the knowledge construct of these issues in the context of global and African development. Such measures may include clearly defined comprehensive, integrated, coordinated migration policies and practice, based on security, economic, social and development concernsItem At the crossroads of international human rights law and international investment law: reflection on the right to development in the exercise of expropriation(2021) Kim, Young JaeGiven the current legitimacy crisis of international law, particularly the international law of investment owing to fragmentation and the negative impact of unfettered economic development on the environment and human rights, competing claims between North and South, sovereign states and multinational corporations, and sovereign states and their nationals over development and its benefits must be effectively and legitimately reconciled before any strategy to promote development can be implemented. In this respect, the human right to sustainable development, which this thesis introduced, provides a framework in which the potential competing claims of economic value and human rights value can be reconciled. This thesis considers the interplay of international development law, international human rights law and international investment law, by reference to the evolution of a right to sustainable development. In particular, it focuses on how the international investment law regime has evolved to incorporate human rights and sustainable development, by examining expropriation as a case study. The thesis traces the concept of development as it underlines international development law, and shows how it has moved from ‘orthodox economic development’ to ‘modern human development’ by means of the evolution of the human right to sustainable development. It proceeds to contemplate the content of this human right to sustainable development, with a view to demonstrating its relevance to international investment law. Thereafter, it shows how international investment law has evolved over time, from being narrowly focused on upholding foreign investors’ interests and rights, to taking into account international human rights and the human right to sustainable development. As a concrete example of this shift in international investment law, the thesis then conducts a case study of expropriation, which illustrates the increased interaction between the three clusters of international law. In particular, the protection of foreign investors’ rights and host states’ rights to regulate foreign investment for the purpose of ensuring international human rights and sustainable development are explored through leading cases in international investment tribunals. In conclusion, it is argued that the legitimacy of the international investment law regime can be enhanced through continuing efforts of the international community to harmonise the three clusters of international law within the human right to sustainable development .Item Combating economic inequality: the strategic role of the fund management industry in promoting inclusive development in Nigeria(2020) Yetunde, Omotuyi Opeyemi; Omotuyi, Opeyemi YetundeThere is growing inequality in many countries around the world, and particularly in Nigeria. Recognising this global challenge, the United Nations agreed to seventeen sustainable development goals in 2015. As part of a global agenda to tackle inequality and promote inclusive development, the United Nations agreed to a specific goal to reduce inequalities among and within countries. To enable effective implementation, the United Nations calls for a global partnership, involving the public and private sector, in the achievement of the goals. This thesis highlights the state of economic inequality in Nigeria. In so doing, the thesis finds that the high rate of inequality in Nigeria is mostly as a result of poor social spending on the part of government, as well as adverse corporate impacts, resulting in poor social opportunities and outcomes for citizens. Furthermore, the thesis analysed Nigeria’s legal and regulatory provisions on issues of inequality, highlighting the strengths and weaknesses of the laws. The thesis finds that these laws are grossly inadequate to address the inequality challenges in Nigeria, and a complementary approach to address these challenges is needed. Since the thesis finds a significant increase in the growth of investment funds in Nigeria over the last decade, the thesis proposes the Nigerian Fund Management Industry as an avenue for improving the state of economic inequality in Nigeria, through the implementation of the principles for responsible investmentItem Analysing the experiences of Zimbabwean migrants in acquiring the Zimbabwean special permit(2020) Skota, Siyamthanda‘This qualitative study uses a phenomenological methodology to analyse ten Zimbabwean migrants’ experiences in acquiring the Zimbabwean Special Permit (ZSP) since its inception in 2010,with the human rights of applicants as a guiding concern. The study utilises ten semi-structured in-depth interviews with Zimbabwean migrants who are on the work permit category of the ZSP, a representative of the Department of Home Affairs (DHA), and an official representing the Zimbabwean community at African Diaspora Forum. After coding and analysing the data according to research questions, literature and theoretical framework used in the study, three broad themes emerged from migrants’ experiences: 1) employment and financial freedom; 2) freedom of movement; 3) documentation. Even though administrative challenges with the DHA were intense in 2009, they have improved over the years mainly because of the move from manual applications to online applications. After acquiring the ZSP migrants’ expressed gratitude because they are now able to look for legal work and manage their finances. Secondly, the ZSP holders can now exercise their most basic human right which is the right to freedom of movement. And finally, the Zimbabwean migrants are concerned about what the future holds for their documentation status in South Africa, with pleas for permanent residence’Item Caught in a gap? An examination and human rights assessment of immigration detention laws and practices in South Africa(2013-03-19) Tay, RoannaAbstract: This study examines the laws and practices relating to immigration detention in South Africa. It provides an in-depth examination of the legislation, with reference to known state practices and cases where migrants have been subjected to prolonged and repeated periods of immigration detention. The study highlights gaps in South African law that contribute to certain categories of migrants being especially vulnerable to immigration detention. Four categories are identified: (1) asylum seekers; (2) persons with difficulty obtaining travel documents; (3) stateless person; and (4) persons subject to other prohibitions against refoulement. The study offers recommendations for legislative reforms to fill the gaps in the law that contribute to these migrants’ vulnerability to immigration detention