Faculty of Commerce, Law and Management (ETDs)
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Item Supply Chain Resilience and Carbon-Neutral Supply Chain Performance: Examining the Mediating and Moderating Role of Information Sharing Capability(University of the Witwatersrand, Johannesburg, 2024) Nyamvura, Elliothis study investigates the impact of supply chain resilience (SCR) on carbon-neutral supply chain performance (SCP), focusing on the mediating and moderating roles of information-sharing capabilities. Conducted within the food manufacturing and retail sectors, the research highlights how SCR, characterised by preparedness, alertness, and agility, is crucial for sustaining operations and achieving carbon neutrality amidst disruptions. The findings underscore that robust information-sharing capabilities enhance the effectiveness of SCR, enabling organisations to better manage disruptions, reduce inefficiencies, and lower carbon emissions. By fostering collaboration and communication among supply chain partners, firms can optimise logistics, engage suppliers in sustainable practices, and enhance overall environmental performance. This study provides empirical evidence supporting the integration of SCR and information-sharing capabilities as strategic tools to achieve carbon-neutral goals. The insights gained offer valuable implications for policymakers and business leaders aiming to balance economic growth with environmental sustainability. The research contributes to the existing literature by providing a comprehensive framework that underscores the importance of SCR and information sharing in achieving sustainable supply chain practices. It also suggests that adopting a holistic approach that includes these factors is critical for businesses transitioning to a low-carbon economy.Item Growth effects of human capital and innovation in small and medium sized South African firms before and after the Covid-19 pandemic(University of the Witwatersrand, Johannesburg, 2024) Maingehama, Francisca Nyasha; Callaghan, ChrisThis thesis examines the growth of small and medium-sized enterprises (SMEs) in South Africa before and after the COVID-19 pandemic. The COVID-19 pandemic introduced new challenges, which makes this research relevant for contemporary issues in firm growth. The problem addressed in this study was the need to understand how various factors, such as human capital, innovation, entrepreneurial orientation and motivation, affect SME growth. Previous research has focused mainly on organisational-level determinants without considering how these factors interact in a post-COVID-19 context. This gap is particularly relevant in South Africa, where SMEs face high failure rates despite efforts to support entrepreneurship. The study filled this gap by exploring the specific growth dynamics of SMEs in this contemporary and challenging context. Several key research questions guided the study and aimed to achieve two main objectives. The study used a two-phase methodology. First (Phase 1), it systematically reviewed the literature to synthesise knowledge on human capital, innovation, and firm growth before the COVID-19 pandemic. The systematic literature review analysed 206 articles published between 2000 and 2020 using descriptive statistics, bibliometric analysis, and content analysis to synthesise pre-pandemic research. Secondly (Phase 2), it developed and tested a theoretical model to understand the relationship between human capital, innovation, entrepreneurial orientation, motivation and SME growth in South Africa post- pandemic. In this phase, primary data was collected using a structured questionnaire with 497 responses from small firm owner-managers and analysed using Smart PLS (version 3.2.9). This research adopted a positivist philosophy, focussing on empirical patterns and causal relationships. Key findings indicated that innovation mediates the relationships between entrepreneurial orientation, human capital, and the growth of SMEs. Human capital has a direct impact on firm growth in the post-pandemic context. At the same time, motivation significantly mediated the link between entrepreneurial orientation and growth, though its effect on the human capital-growth relationship was less pronounced. This study advances knowledge by providing a detailed analysis of SME growth determinants in a post-pandemic context, offering a customised theoretical model for South African SMEs. This study also has practical implications, providing insight for SMEs and policymakers to enhance innovation capabilities and adapt strategies to post-pandemic challenges. Future research could explore the long-term ii impacts of COVID-19 on firm growth, the role of additional contextual variables, and comparative studies in different regions or sectors.Item Determinants of Corporate Social Innovation in South Africa’s Commercial Banking Sector(University of the Witwatersrand, Johannesburg, 2024) Larbi, Lee; Venter, RobThis study is situated within the realm of Social Innovation (SI), specifically focusing on Corporate Social Innovation (CSIn) within the South African commercial banking sector. Addressing a significant gap in the understanding of the determinants of CSIn within this context, the study draws upon Institutional Theory and Social Capital Theory to extend theoretical insights in the domain of SI. While traditional Corporate Social Responsibility (CSR) practices often view social and environmental issues as external to core business strategy, the concept of Creating Shared Value (CSV) has emerged, emphasising the creation of economic value while addressing societal challenges. Employing a sequential mixed methods approach, the study first administered a seven-point Likert scale questionnaire to 219 CSR professionals within commercial banks in South Africa. Subsequently, semi-structured interviews were conducted with 14 CSR senior managers and leaders to deepen the findings. Path analysis and Confirmatory Factor Analysis (CFA) were used for quantitative analysis, revealing positive and significant relationships between management support, transformational leadership, and internal social capital with CSIn in South African commercial banks. Furthermore, the study found that internal social capital mediates the relationship between transformational leadership and CSIn, and that transformational leadership mediates the relationship between management support and CSIn, as well as social proactiveness and CSIn in South African commercial banks. The qualitative phase of the study involved thematic analysis of interview data to complement the quantitative findings. Methodological triangulation was employed to enhance the validity of the iii results. Given the underdeveloped and empirically lacking literature on CSIn, particularly in the commercial banking industry, this study makes a substantial contribution by identifying key determinants and enriching the theoretical understanding through empirical insights. It underscores the importance of social innovative behaviours within banks in addressing societal challenges, fostering a culture of social innovation that contributes not only to meeting Environmental, Social, and Governance (ESG) targets but also brings numerous implicit benefits.Item Using a Multilevel Governance Framework for the Reform of the International Investment Law Architecture(University of the Witwatersrand, Johannesburg, 2024) Mpofu, Kathleen; Forere, Malebakeng AgnesInternational investment law has come under significant scrutiny over the last few years under what has been termed as a legitimacy crisis, with various stakeholders expressing concerns regarding its operation. These concerns cover both the substantive and procedural aspects of international investment law. In response to these concerns, states have, at varying levels of governance, taken steps to reform the international investment law system with some states focusing on procedural reforms and others focusing on substantive reforms. This thesis considers the effectiveness of the reform process taking place in the international investment law system and finds that the piecemeal and fragmented approach that has been adopted by states may not be able to address the wide range of concerns raised by stakeholders. The achievement of effective reform requires a holistic approach that not only focuses on systemic change in redesigning investment treaties but also on national reforms. This approach has largely been absent in the reform process. The question that arises is how to develop a system of international investment law, that can effectively regulate the relationships and tensions that arise in the use of FDI, that incorporates the needs of all stakeholders and allows the different levels of governance to effectively participate in the system. This thesis explores alternative methods of reform that go beyond the small mandate of the Working Group III reforms currently being discussed and that can adequately address broader concerns that arise within the international investment law system that affect the needs of other stakeholders beyond the needs of investors. In order to do this, the thesis made use of the multilevel governance framework to effectively organise and incorporate the different stakeholders and different levels of governance into the international investment law system. The principles that apply in the multilevel governance framework are useful in shifting the reform discussions from the narrow focus currently present in the reform effort, to exploring a wider range of issues and concerns faced by a wider range of stakeholders and proposing inclusive solutions that share and balance power between the different levels of governance. To rebalance the rights and protections granted in IIAs and incorporate the different levels of governance into the international investment law framework, the thesis clarifies the right to regulate by embedding it as a principle of customary international law, applicable regardless of its incorporation in the treaty. To allow for broader public interest considerations such as sustainable development to be incorporated into IIAs, the thesis proposes the use of framework v clauses (which operate much like framework agreements) in the text of the IIA which will establish the broader commitments of the parties and leave the setting of specific targets to national legislation. In so doing, regulatory power can be shared between the different levels of governance using the multilevel governance principles, allowing states to enact meaningful regulatory measures within the scope of the right to regulate. To incorporate the national level of governance in the dispute settlement process, the thesis recommends the incorporation of the exhaustion of local remedies rule and sets out how the competence to settle disputes can be shared between the national and international level in a manner that limits contestation and enhances co-operation. This is coupled with the creation of a multilateral investment court at the international level of governance that does away with the use of arbitration as a mode of dispute settlement, has a more court like structure, with increased rights of access and participation for third parties who can actively participate in the dispute settlement process and have their rights vindicated by the court. In this way, the recommendations in the thesis allow for the regulation of the different relationships that arise in the use of foreign direct investment and creates an international investment law system where the achievement of investment objectives and economic growth need not come at the expense of other equally important public international law considerations.Item Fostering the retention of talented and skilled employees by understanding the motivators of employee turnover intention from a South African SMME perspective(University of the Witwatersrand, Johannesburg, 2024) Edayi, Juliet; Venter, RobertCurrent small, micro and medium-sized enterprises (SMMEs) are concerned about understanding the preliminary factors that prompt employees to leave their organisation (i.e., labour turnover intention) rather than to wait, only to be left to deal with the disruptive and costly consequences of actual employee turnover. The extant literature has widely provided evidence to justify that employee turnover is very destructive and presents many costs for organisations due to its counterproductive nature. South African small and micro businesses constantly endure high rates of employee turnover as other businesses (especially big companies) are frequently poaching highly skilled workers. This burden has made it increasingly challenging for SMMEs to keep, particularly highly skilled and high-performing employees, whose talents are highly sought after and are paramount to their firm’s overall success and sustainability. Therefore, this study was conducted from an SMME context so as to equip small and micro business employers with fresh insights on how proactively adjust their employee retention strategies and foster their continued survival and long-term growth. Moreover, the South African labour market has a limited number of high-performing and brilliant employees who eventually become assets to the business once hired, thus creating a need to retain such talented personnel. The shortage of skilled labour coupled with the high costs of attracting, hiring and training new employees proffers a compelling need for scholars to actively direct their research attention to unravelling this phenomenon of labour turnover intention. Research outputs will positively equip SMME practitioners with the relevant and proven information for them to devise well-informed retention strategies before employees’ intention to quit the organisation manifests itself into an actual turnover. This study sought to achieve a meaningful understanding of the interplay between the complex relationships that exist between the selected variables and to establish how this comprehension can aid SMME practitioners in effectively reducing employee turnover rate to a reasonable proportion. For this study to establish this ultimate goal, an empirical investigation was done amongst employees in selected SMMEs in Gauteng province of South Africa. A conceptual framework that depicted all the relationships was developed and several hypotheses were formulated based on the evidence from the extant literature. This study utilised a cross-sectional research design through a quantitative-based method. A structured questionnaire was formulated and was administered in-person, and additionally distributed via emails. Data was gathered through non-probability convenience sampling, whereby 338 valid responses were received from employees across the selected SMMEs in Gauteng. iv Descriptive statistics (e.g., item analysis, Cronbach’s alpha computation) and bivariate correlation analysis were analysed using SPSS v 28 and inferential statistics were analysed through Structural Equation Modeling was undertaken using AMOS v 28. While the findings of this study corroborated the outcomes that were submitted by earlier scholars, some fresh and exciting directions in the associations between specific variables were established. This study eventually submitted a unique conceptual model that depicts the validated interactions between the study variables. It is believed that the confirmed associations detailed in the conceptual model will be used as guidelines for small and micro business practitioners to meaningfully and effectively manage employee turnover intentions while simultaneously fostering the retention of talented and high-performing workers. This investigation concluded by recommending that a similar study must be replicated using a mixed-method approach that applies probability sampling and longitudinal research design so as to address the methodological shortcomings that characterised this study.Item Exploring the concept of strategy as practice in national disaster risk reduction: the case of Botswana(University of the Witwatersrand, Johannesburg, 2024) Dennison, Margaret Opelo; Coldwell, DavidMany communities in Botswana are prone to disaster threat; natural, man-made and technological, and unfortunately, evidence suggests that there are weaknesses in the Botswana’s disaster risk reduction and disaster management system. These weaknesses can have a negative impact on preventative efforts, increasing disaster impacts on societies. The key research question for this study is: How is strategy implementation done for national disaster risk reduction in Botswana and what improvements can be made using the Strategy- as practice lens? The extant literature does not explore how disaster risk reduction is done from first hand experiences of those on the ground. In contrast to traditional organisational strategic management, strategy in practice considers the process in which individual interactions and interpretations of organisational strategy lead to enactment of strategy on the ground. The study is qualitative and exploratory. The sample was selected from all three levels of the Botswana disaster risk management institutional framework. A purposive sampling technique was used, and two participants were selected from the National Disaster Management office, 6 District Commissioners and 34 participants from 6 District Disaster Management Committees based on their level of responsibility. 35 Village Development Committee Chairpersons from umbrella committees were also included in the sample as they represent a wider population within their districts. In addition, snowball sampling was used to select 11 Chairpersons from ordinary Village Development Committees. Data collection used document review, semi- structured interviews, focus groups and the nominal group technique. Findings indicate that there is no extant formal disaster risk management legislation in the country meaning there are no legally required risk management systems in place. As a result, disaster risk reduction in the past has been conducted without effective communication and coordination of disaster risk reduction strategies and systems at national, district and village levels. The study recommends that disaster risk management legislation, sufficient training for implementors at all levels of the disaster risk management institutional framework as well as coordination and communication strategies and systems should be put in place to effectively deal with mitigating disasters that the country may face in the future.Item The effect of parental education on child and adult health in Zambia: A regression discontinuity analysis(University of the Witwatersrand, Johannesburg, 2024) Daka, Lincoln; Booysen, FrederikThis thesis expands upon and enhances existing research in the field of health economics. The thesis consists of three separate yet interrelated chapters that examine the effect of education on key demographic variables: child health, fertility and HIV/AIDS in Zambia, three key factors affecting the progress of development in Africa. The endogeneity problem is present in all of the three empirical papers examined. To circumvent this endogeneity problem and establish a credible causal effect, we explore the impact of Zambia’s 2002 Universal Free Primary Education (UFPE) policy which created an exogenous source of variation in education as a quasi – experiment. The three substantial empirical studies, employ the same econometric methodology, a Regression Discontinuity Design (RDD), whose appealing feature is local randomisation. This characteristic has distinguished the method from other evaluation methods in terms of estimating unbiased treatment effects. Another advantage of the fuzzy Regression Discontinuity design is that it can account for the endogeneity of the treatment variable. The utilisation of the fuzzy Regression Discontinuity design is a valuable contribution in all of the research. Furthermore, every chapter makes a unique contribution within its respective sector. We outline Zambia’s Universal Free Primary Education (UFPE) Policy and also present the Regression Discontinuity Design methodology framework. We find significant causal impacts of maternal education on child health measured by height-for-age, weight-for-height and Weight-for- age. The findings also indicate that maternal education is associated with a reduction in the prevalence of stunting and underweight and no effect wasting contrary to other research. We present evidence of the several mechanisms by which maternal education impacts child health. The results of our study indicate that a greater level of maternal education exerts a beneficial influence on child health through the postponement of marriage, the reduction in total fertility, and the delay in the age of first childbirth and sexual debut. Additionally, we have discovered indications of positive assortative mating. Furthermore, education empowers moms by facilitating their access to information via television and newspapers, equipping them with knowledge about the ovulation time, and helping them to make well-informed decisions regarding contraceptive techniques. Conventional wisdom posits that decreased fertility may indicate the presence of “superior quality” children and increased rates of survival for both mother and child. Can education serve as a catalyst for decreasing fertility rates in developing nations? We find that female education reduces iv | P a g e the number of children ever born. We present evidence of the reduction in total fertility as a result of female education. We also show that female schooling reduces the preferred number of children and increases the age at first birth. We find that female schooling affects fertility through age at first sex and marriage, literacy, assortative mating and the knowledge effect. There is no evidence to suggest that female schooling has a major impact labour market participation. We present evidence of the heterogeneous impacts of a mother’s education based on “poor versus wealthy” criterion, whether rural/urban status, region and religion. We also present evidence of the effect of female education on the HIV seroprevalence status, number of sexual partners and knowledge of HIV transmission mechanisms. We show that female education lowers HIV seroprevalence status, decreases the number of sexual partners and increases HIV knowledge. Our research suggests that educated women are more likely to have a deep and detailed understanding of HIV. Lastly, we present evidence of the heterogeneous effects of female education by household status on HIV related outcomes.Item Predictors of Willingness to Participate in E-waste Recycling in Johannesburg: A Case of Electronic and Electric Repair Firms(University of the Witwatersrand, Johannesburg, 2024) Chinomona, Rudo Cynthia ChristineThis study examines the predictor variables of willingness to participate in e-waste recycling in Johannesburg. Nine hypotheses are posited and in order to empirically test them, a sample data set of 307 was collected from Gauteng Province of South Africa. The results indicate that The results of the study reveals that awareness of e-waste hazard, awareness of benefits of e- waste practices and awareness of e-waste policies each have a significant, direct and positive influence on knowledge of e-waste practices and attitude towards e-waste practices. Furthermore, the results revealed that knowledge on e-waste recycling practices and attitude towards e-waste recycling practices each have a direct positive influence on willingness to adopt e-waste recycling practices. Drawing from the study’s findings, managerial implications are discussed and limitations and future research directions are suggested. By and large, this study immensely contributes new knowledge to the existing body of e-waste recycling literature in South Africa - a context that is often most neglected by some researchers in developing countries.Item Balancing majority shareholder rights, minority shareholder rights and creditors rights in statutory mergers: in terms of the Companies Act 71 of 2008(University of the Witwatersrand, Johannesburg, 2024) Ado, Jean Philippe Mathurin SikCompanies in their various forms are crucial to South Africa’s economy and its prosperity as they contribute towards wealth creation, social renewal and social welfare. In our growing world and borderless international markets, there are ongoing changes that affects a company’s competitiveness and productivity both nationally and internationally. These changes may be brought by the necessity to abide by international company law standards and practices that to some extent are aiming at sustainable economic growth and profitability. The South African company law regime, introduced since 1926, has undergone a series of amendments to ensure that its national companies and stakeholders benefit from the most updated legal system to galvanise its economy. In so doing, mergers and acquisitions represent one of the most cutting- edge concepts of company law around the world that encompasses the social, economic and financial needs of companies and that have been introduced in the current national company law regime. This research paper analyses the protections of shareholders and creditors in the statutory merger contained in the Companies Act 71 of 2008. It discusses also whether these protections are adequately balanced towards a fair consideration of majority shareholders, minority shareholders and creditors’ interests — which includes consideration of their rights too — in implementing a statutory merger. The main findings are that some protections are not properly balanced in consideration of the aforementioned parties’ interests. These include the appraisal remedy, the merger agreement and the oppression remedy — between minority and majority shareholders — and the creditors’ notification coupled with the court review, the open transferability of creditors’ contracts and the solvency and liquidity test — between majority shareholders and creditors — which in some aspects offers uncertainty in protecting their applicants. The approach adopted in the Canadian cases of Black & Decker and Loeb, set out in section 2 below, emphasises the importance of policy considerations which must meet the stated goals of s7 of the Companies Act 71 of 2008.Item Balancing the odds: A law to legalise and regulate online gambling on casino games in South Africa(University of the Witwatersrand, Johannesburg, 2024) Bate, David John; Cachalia, FirozOnline gambling has become a pervasive phenomenon across the world. Yet South Africans enjoy limited scope to participate legally in this activity. Current legislation permits online betting on sports events (including horse racing) but prohibits all other forms of online gambling. Despite this prohibition, online gambling on casino games is widespread in South Africa. The Government has a choice: continue to criminalise the activity or follow international trends and allow the same. It initially attempted to legalise and regulate online gambling through legislation without success. It subsequently opposed (and continues to publicly oppose) any legalisation of the activity. Significant adverse consequences arise from continued prohibition of online gambling on casino games in South Africa including, inter alia: the spread of illegal gambling sites; loss of confidence in law enforcement; loss of tax revenues; discrimination against casino operators; loss of job opportunities; and inability to monitor and regulate online gambling activities. This study proposes key features for a law and licensing and regulatory framework to legalise and regulate online gambling on casino games in South Africa. It reviews regulation of online gambling on casino games in a representative sample of international jurisdictions to identify issues and best practices that may be germane to South Africa’s circumstances. It examines and analyses current and proposed legislation and stare decisis in South Africa to identify challenges and opportunities for further consideration as part of any process to legalise and regulate online gambling on casino games. It summarises and analyses public interest concerns that likely require redress as part of any such process. Based on these efforts, this study highlights fourteen areas of law and makes recommendations regarding specific interventions in those areas that may merit further consideration in development of any ‘made in South Africa’ solution to legalise and regulate online gambling on casino games in the country.