Faculty of Commerce, Law and Management (ETDs)
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Item The Decriminalisation of Sex Work as a Human Rights Issue in South Africa(University of the Witwatersrand, Johannesburg, 2023) Khumalo, ThandoluhleThis research report argues that sex work be decriminalised in South Africa to avoid further human rights violations against sex workers, with a particular focus on the human rights violations perpetuated against sex workers during the COVID19 pandemic. To make these arguments the report sets out the background of sex work and the origins of the various laws that have emerged over the years to regulate sex work in South Africa. Further, it investigates how sex work is governed in various countries around the world and uses New Zealand and other African countries as examples of the different approaches to legislating sex work. The report focuses on the effect of the COVID19 pandemic on female sex workers who make up the majority of sex workers. This research report grounds its assertions in the various human rights considerations found in international legal instruments as well as the Constitution of the Republic of South Africa, 1996 (Constitution) as they relate to sex work. The conclusion is that sex work should be decriminalised in South Africa as the current laws that seek to prohibit sex work in South Africa are both unconstitutional and not compliant with international human rights standardsItem The role of entrepreneurial coaching on the success of black women- owned SMEs(University of the Witwatersrand, Johannesburg, 2023) Kunene, Ntandoyenkosi; Msimango-Galawe, JabulileBackground: A clear definition of coaching in the context of entrepreneurship is still lacking. This kind of support is progressively becoming more popular to aid black women entrepreneurs succeed as first and second generation business owners. However, research on how well such a support measure generates revenue is currently being investigated. Aim: This research study is aimed at exploring the role of entrepreneurial coaching on the success of black women-owned SMEs. Setting: This research was carried out in South Africa with 15 black women entrepreneurs located in different parts of the country. Moreover, the study focused on registered SMEs. Method: To enable the exploration of personal experiences, a qualitative research approach was employed. Therefore, 15 in-depth interviews using semi-structured questions were used to collect the data and the thematic analysis was used as a tool of analysis. Findings: The study established that black women business owners in the SME sector are increasingly discovering the benefits of entrepreneurial coaching as a form of support. The study established a strong positive relationship between entrepreneurial competencies and entrepreneurial efficacy as key factors in coaching initiatives. The confusion of the terms mentoring and coaching is one that still exists where the concepts are used interchangeably. Lastly, black women face difficulties that can be divided into Four categories; namely, entrepreneurial competencies, entrepreneurial exposure, being the racial and gendered minority group, and how this group of women is put in a vulnerable position to perform sexual favours to advance businesses. Conclusion: The study deduces that the role of entrepreneurial efficacy is the foundation of building entrepreneurial competencies. The study will be helpful vii to entrepreneurial coaches and mentors, policymakers and organizations, black women who manage their own businesses, investors and funders, and the academic communityItem The Contribution of lifestyle risk factors on Wealth-related inequalities in Self-assessed Health and Chronic Diseases in South Africa(University of the Witwatersrand, Johannesburg, 2023-05) Rosaros, Gosego Mmereki Andrew; Rossouw, LauraThere is a growing epidemiological transition from communicable diseases to non- communicable diseases (NCDs) in low- and middle-income countries. The expected pace and scale of the shift to NCDs will overwhelm the healthcare systems of many lower-income countries. A significant contributor to NCDs is lifestyle risk factors such as episodic drinking, smoking, and an unhealthy diet. This study aims to measure the contribution of current alcohol and cigarette consumption to wealth-related health inequalities in South Africa. The health measures used will be self-assessed health (SAH) and specific NCDs. This study uses data from 4178 male and 6087 female participants captured in the South African Demographic and Health Survey (DHS) in 2016. This study estimated the wealth-related health inequalities using the Erreygers’ corrected concentration index (CCI) and then estimated the Wagstaff decomposition of the concentration index to establish the contribution of alcohol and cigarette consumption to wealth-related inequalities in health outcomes. The concentration index findings indicate that the burden of morbidity is statistically significantly concentrated among individuals in wealthier quintiles for several health outcomes, except respiratory problems, which is significantly concentrated among lower wealth quintiles for males. The Wagstaff decomposition reveals that current alcohol consumption and cigarette consumption contributions to wealth-related health inequalities are smaller than the contributions of some socioeconomic and demographic factors, including wealth, educational attainment, marital status, and age. In conclusion, this study proposes that redistributing wealth towards poor individuals will likely decrease South Africa's income-related health inequalities and implement anti-smoking campaigns and advertising policiesItem The constitutionality of trophy hunting of threatened or protected listed species in South Africa(University of the Witwatersrand, Johannesburg, 2022) Lopes, Rui Jorge Coelho; Cameron, Justice Emeritus EdwinWhilst South Africa continues to grapple with its radical levels of social and economic inequality within the country, the lucrativeness of natural resources forming part of the environment as a tool to bringing about redress to such inequalities becomes an ever-increasing consideration. Although there is merit in the statement that the use of natural resources may seek to alleviate social and economic inequality, our courts have already held that the provisions of section 24(b)(iii) of the Constitution of the Republic of South Africa (the “Constitution”) are required to link and intertwine the concepts of conservation with sustainable use and development, for unfettered use of natural resources may not be regarded as sustainable, and will ultimately lead to the decline of ecological conservation and biodiversity. This has, however, contributed to the increase in human-wildlife conflict and the increase in consumptive and extractive use practices in relation to the natural resources of the environment, and the consideration of trophy hunting, and in particular the trophy hunting of Threatened and Protected Species (“TOPS Species”) is not separate n or excluded from this consideration and the ultimate impact such has on biodiversity loss and ecological degradation. The continued race to the bottom of species both locally and globally, coupled with the vested financial gains sought to be obtained from the increased rarity of species subjected to trophy 3 hunts, seeks to bring into question whether the engaging or permitting of the trophy hunting of TOPS Species may fall foul of the provisions of section 24 of the Constitution. Accordingly, this research report seeks to consider the constitutionality of the trophy hunting of TOPS Species and how this practice is required to be viewed through the constitutional lens under which it takes placeItem Duties of private persons and the right to equality in South Africa(University of the Witwatersrand, Johannesburg, 2023) Finn, Meghan; Albertyn, CatherineTo what extent does the right to equality (and specifically, the right not to be discriminated against unfairly) give rise to duties that are borne by private persons in South African law? This question is morally, legally and politically freighted in South Africa, marked as the country is by gaping inequality and the legacies of centuries of colonial, apartheid and patriarchal oppression that was sustained by not only the government, but also in private spheres. The overall project of this thesis is to map out and normatively justify South Africa’s approach to private anti-discrimination duties in the Constitution, legislation and emerging doctrine. Most surveyed jurisdictions use a test of publicness as a threshold determination of whether an entity is an anti-discrimination duty-bearer. Conversely, in South Africa, the possible class of duty-bearers is much wider – in principle, all persons as well as the state are duty-bearers. I argue that South Africa’s approach is substantiated by a legal endorsement of substantive equality which requires a historically and contextually sensitive analysis of systemic inequalities that cut across public and private spheres. However, although the class of anti-discrimination duty-bearers is broad, this does not mean that private duties exactly mirror the duties of the state. Instead, the scope for private discrimination to be justified – i.e. found to be fair – is generally broader than when the state is the discriminator. Courts are charged with determining the balance to be struck when private actors’ rights compete. I argue that this balance must be struck within PEPUDA’s section 14 fairness enquiry, which to date has been chronically neglected by litigants and courtsItem Carbon Footprint Inequality in South Africa(University of the Witwatersrand, Johannesburg, 2023) Krinsky, Jezri; Isaacs, GiladAs the effects of climate change and other ecological crises worsen, numerous attempts have been made to apportion individual responsibility, or ecological footprints, to find effective and just ways to reduce ecological damage. Massive inequalities exist in the responsibility for, and consequence of, ecological damage. So, a just transition must identify how ecologically damaging consumption patterns may be reduced, in ways which do not adversely affect lower-income and other marginalised groups. However, although a significant proportion of carbon emissions may be accounted for in terms of household consumption, these patterns of household consumption are deeply influenced by wider social, political, and economic forces, in larger systems of provisioning. This study estimates and examines the patterns of household carbon footprints within South Africa and explores the link between carbon footprint inequality and income inequality and energy poverty; and how these patterns and links are shaped by systems of provision for carbon intensive consumer goodItem Socioeconomic inequalities in the prevalence of double- burden malnutrition in South African households(University of the Witwatersrand, Johannesburg, 2022) Mahao, Lekoetse; Rossouw, LauraThis paper reviews the double-burden of malnutrition at the household-level, specifically mother-child double burden of malnutrition (MCDB) in South Africa. Nationally representative data from the National Income Dynamics Survey (NIDS) was used. All five waves of NIDS (2008-2017) were used for descriptive statistics and to quantify the extent of inequality in MCDB using Erreygers’ Corrected Concentration Index. The most recent wave (wave 5, 2017) was used to determine the factors associated with inequality in MCDB using Wagstaff’s decomposition analysis. The results confirm the existence of MCDB in South Africa and indicate that the prevalence of MCDB was the highest in the third wave of NIDS (2012). However, there has been no consistent increase or decrease in the prevalence of MCDB across waves. Inequality in MCDB was the highest in wave 2 (2010 – 2011), with MCDB being disproportionately concentrated amongst the poor. Wagstaff’s decomposition analysis revealed that differences in the distribution of wealth was the biggest contributor to wealth-related inequality in MCDB. The findings of this study confirm the stated hypotheses, and suggest that inequality in MCDB is unfair and unjust. Addressing wealth inequality in the country may be a means to improving nutritional outcomes amongst vulnerable mothers and children. Policies aimed at addressing malnutrition should also target mothers, since mothers’ health and socioeconomic status affect children’s nutritional outcomes. Moreover, policies should not aggravate one form of malnutrition while attempting to address the other. Improving nutritional outcomes in the country may also be a means to impeding deleterious economic outcomesItem An appraisal of a direct wealth tax as a mechanism to reduce financial inequality(University of the Witwatersrand, Johannesburg, 2023) Mashishi, Lerato; Nkhi, NalediWith the COVID-19 pandemic leading to increasing questions around wealth inequality, the role that tax reform has in addressing inequality has been a key question. With the slogan “tax the rich” increasing in popularity internationally, wealth tax proposals have been made in developed and developing countries. This study examines the approaches to wealth taxes in different countries that form part of the Organisation for Economic Co-operation and Development (OECD) in order to understand an appropriate wealth tax design. This research aims to analyse the history of tax reform in South Africa by examining the recommendations of the Katz and Davis committees relating to wealth taxes. This report includes an examination of how wealth tax revenues can be used to reduce inequality by analysing the public spending landscape in order to determine whether wealth tax revenues would be appropriately used. The research finds that the adequate design of a wealth tax is theoretically possible, however South Africa has flaws in public spending that need to be corrected prior to increasing the tax burden of taxpayersItem VAT Policy Reform in South Africa: An Equitable Redress to Income Inequality(University of the Witwatersrand, Johannesburg, 2022) Mabunda, Sibongiseni Sharon-rose; Kolitz, MaeveThe purpose of this research report is to discuss how VAT reform can reduce inequality and bridge the gap between the rich and the poor. It comprises a review of quantitative and qualitative evidence and provides an overview of VAT as a consumption tax and its role in the economy and social equity.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 living