Faculty of Commerce, Law and Management (ETDs)

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    Disruptive technologies for promoting financial inclusion in South Africa
    (University of the Witwatersrand, Johannesburg, 2024) Aziz, Mahomed Asif; Dladla, Pholile
    This research study seeks to examine the dynamics of financial inclusion in South Africa via the prism of disruptive technologies, to detect stakeholder stances and suggest strategies for inclusive growth. Following an interpretive philosophy, the study used an inductive technique, conducting semi-structured interviews with 14 stakeholders from diverse industries. Thematic analysis was used to investigate the qualitative data, which yielded substantial results. The study's key results shed light on critical challenges. Stakeholders underlined the significance of inclusive policies targeted to different socioeconomic groups, as well as regulatory frameworks that encourage innovation while addressing economic concerns. Discussions focused on how economic factors like high interest rates and taxation affect entrepreneurship and technological innovation. Sustainable development became a key issue, emphasising the link between technical breakthroughs and global sustainability objectives. Furthermore, the study emphasises the government's responsibility to promote innovation and modernisation, pushing for strategic planning and more efficient bureaucratic processes. The implementation of Shariah law principles was noted as a noteworthy discovery, providing an opportunity to improve financial participation while lowering the dangers of indebtedness. Furthermore, the study emphasises the importance of talent transfer and cooperation as long-term growth drivers, as well as the benefits of information exchange and capacity building. These discoveries have far-reaching and complex ramifications. The study gives vital insights into consumer preferences, allowing banks to adjust their services to meet a wide range of demands. Policymakers might use the data to rethink existing restrictions and create initiatives that encourage innovation and financial inclusion. Socially, companies and schools may use the findings to promote economic empowerment and digital literacy. Overall, the research makes specific suggestions to South African stakeholders on how to create fair growth, boost innovation, and move forward with socioeconomic development goals
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    Data protection and borderless borders: the effect of the namibian data protection bill on transborder data flows
    (University of the Witwatersrand, Johannesburg, 2022) Negonga, Paulina Nangula; Klaaren, Jonathan
    Data is the sine qua non of the modern economy. The proliferation of digital industries has led to concerns about the misuse of personal data. The resultant risks have sparked ethical and legal concerns across the globe, prompting the adoption of data protection laws. The Namibian constitution guarantees the right to privacy in Article 13, but the country lacks a comprehensive data protection legal framework. The Namibian government issued a Data Protection Bill in 2013.This dissertation critically analyses sections 2 and 48 of the Data Protection Bill dealing with transborder data flows, by employing a two-part theme. In the first instance, the dissertation advocates for a holistic approach that strikes a balance between the individual’s right to privacy and the economic imperatives of transborder data flow. In the second instance, the dissertation investigates how to effectively govern transborder data flow with the continuous blurring of lines between physical and virtual worlds, where data transcends territorial borders with a simple click. The mainstream argument for regulating transborder data flow is that if there are no restrictions on the transfer of data to third-party countries, personal data may end up in jurisdictions with the laxest, or more likely, no data protection standards, just as money ends up in tax havens. To put the oft-quoted tax analogy into context, there may be nothing preventing international data processors from circumventing domestic data protection requirements by gravitating personal data to data havens. Through an elaborate comparative analysis, primarily referencing three instruments: the oecd Guidelines, the GDPR, and the POPI Act; the dissertation looked at how these issues are considered and whether the Namibian Data Protection Bill matches up to these standards. The analysed regulatory regimes varied; nonetheless, a corollary was drawn to adopt a broader EU-style territorial scope. This dissertation recommends that section 2 of the Bill should be amended to conform with Article 3(2) of the GDPR (targeting test/market principle). The chosen approach actively embraces the fourth industrial revolution by allowing data protection to ‘travel’ with personal data wherever it goes in a globalised world.