Faculty of Commerce, Law and Management (ETDs)

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Subject: search.filters.subject.SDG-17: Partnerships for the goals

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Now showing 1 - 10 of 47
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    A social-ecological perspective on the roles of YOLO facilitators
    (University of the Witwatersrand, Johannesburg, 2024) van Rooyen, Christofer; Cairns, Murray
    In South Africa, young people between the ages of 15 and 24 years face an elevated risk of contracting HIV due to various factors associated with high-risk practices such as engaging in unsafe sexual practices. The Department of Social Development implemented the “You Only Live Once” (YOLO) community-based HIV prevention programme. YOLO aims to reduce risky sexual behaviour among the youth. YOLO employs facilitators to render a structured programme with information on self-care, assertiveness, HIV treatment and adherence support, peer pressure and related content. The YOLO programme design subscribed to the social-ecological model focusing on children and youth. Several research studies used the social-ecological model to investigate YOLO participants (youth and children). However, the literature has limited exploration of how the interplay among individual, interpersonal and community levels influences the role of YOLO facilitators. The study aims to explore the roles of the YOLO facilitators from the lens of the social-ecological model. the research allows Further, the research allows YOLO facilitators to describe their individual, interpersonal and community roles. The study explores the interplay between the multiple levels of the social-ecological model and the influences on the role of the YOLO facilitators. The research site of the not-for-profit organisation (NPO) was in the City of Matlosana, previously known as Klerksdorp. According to the literature, the community in this area faces several challenges, including high levels of HIV, poor access to municipal health services, unprecedented high levels of youth unemployment and issues with violence and substance abuse. The YOLO facilitators who worked within the NPO reside in the area and have grown up in similar conditions, which gave them a unique perspective and understanding of the challenges faced by those whom they are trying to help. The research aimed to describe the YOLO facilitators from the perspective of the social-ecological model. The research recruited participants through the non-probability sampling methods. The method limits the researcher's biases in the selection process. Ten YOLO facilitators participated in the research. The YOLO facilitators represented various age groups, races, genders, skill sets and experiences in the field. The research used descriptive qualitative research methodology. The methodology employed a qualitative, semi-structured interview to collect data from 10 YOLO facilitators. The study employed the thematic data analysis method and identified several sub-themes and thesis themes from the data. The researcher used the social-ecological model to describe the micro, meso and micro-level themes. Further, the researcher followed a system approach and described the interactions between the micro, meso and macro systems. The University of Witwatersrand granted ethical clearance to the research. The researcher adhered to the ethical standard as part of the study. The National Department of Social Development and the NPO Board granted permission to conduct the research. The researcher explained their positionality and the influences on the research outcome. v The study found that YOLO facilitators function as “wounded healers”. The researcher discussed the risk of being a wounded healer in the context of the study. The researcher recommends that it is essential to ensure that YOLO facilitators are aware of potential risks and that NPOs provide a safe and supportive environment to mitigate them. YOLO facilitators’ personal experiences can undoubtedly assist them in developing empathy and sympathy, but it was essential to strike a balance between personal growth and personal harm
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    The exploration of accountability frameworks for sewage works management at the City of Mbombela LocalMunicipality
    (University of the Witwatersrand, Johannesburg, 2024) Selepe, Mamaropeng Marcus; Muller, Mike
    This study used the City of Mbombela Local Municipality as a case study to investigate how accountability mechanisms are implemented for wastewater treatment works. Wastewater treatment works generally perform poorly and discharge poor quality effluent into our water resources causing pollution and possible health effects. The City of Mbombela Local Municipality own eight wastewater treatment works. The Green Drop progress report for 2023 showed that five of the wastewater treatment works which are managed by the municipality perform poorly compared to the three which are manged by the municipal water services provider, Silulumanzi. The purpose of the study was to determine what accountability challenges are experienced by those assigned the function of managing wastewater treatment works at the City of Mbombela Local Municipality. The study adopted a qualitative research approach and collected data through semi-structured interviews. The results of this study show that the City of Mbombela Local Municipality does not have formal accountability mechanisms in place to hold those assigned the responsibility of managing wastewater treatment works accountable for the performance thereof. This study has revealed the absence of accountability as a possible contributor to the resultant poor performance of wastewater treatment at the City of Mbombela Local Municipality. The findings of the study could inform practice and offer insights about practices in the wastewater management business. It is recommended that municipal managers include the performance of wastewater treatment works as a performance indicator in their annual performance plans as well as in performance agreements of officials responsible for the management of wastewater treatment works. This will enable municipal managers to have a handle on the performance and compliance of wastewater treatment works as these will be reported at the required frequency and subjected to appropriate scrutiny. It is further recommended that a follow up study be conducted to compare accountability mechanisms for wastewater treatment works managed by municipalities against those managed by independent water service providers.
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    Institutionalisation of Public Policy Evaluation in the South African National Legislature
    (University of the Witwatersrand, Johannesburg, 2024) Lukhozi, Bruce; Blaser - Mapitsa, Caitlin
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    The governance of the value chain of rare earth elements (REEs) for sustainable development
    (University of the Witwatersrand, Johannesburg, 2024) Choshane, Shane; Eyita-Okon, Ekeminiabasi
    This study addresses a research gap in the governance of the value chain of critical minerals governance of the chain that produces high-tech renewable energy equipment to achieve sustainable clean energy and a net-zero economy. This study aimed to explore the governance structure(s) of the value chain of rare earth elements as the key renewable energy mineral product to understand the role of different actors in exploration, mining, processing, fabrication and recycling. Using the documentary research method and key informants, we applied a political economy conceptual lens to the global value chain (GVC) framework to examine the governance of rare earth elements (REEs). This study concludes that the governance structure for South African REEs value chains is the Market type global value chain governance, which exposes the market to the dominance of lead buyers, consequently creating governance gaps in the value chain. In light of these results, we recommend that the government mediate by developing a policy to integrate renewable energy mineral exploration and extraction to provide a framework to regulate relationships of various actors in the value chain to mitigate the impact socioeconomic and environmental impact.
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    The impact of Gift Policy on elite formation and consequences of greater distancing between union leadership and members in NUM
    (University of the Witwatersrand, Johannesburg, 2024) Makau, Ramatsinele Prudence; Van Niekerk, Robert
    This research was conducted to investigate whether the Gift Policy incentivizes elite formation within the National Union of Mineworkers (NUM) and with what consequences for union leadership and the union’s rank and file members. One method to assessing the essence of the policy is to analyse the logic for its adoption. Was the Gift Policy in its policy construction an intended or unintended consequence of the leadership of the union’s approach to incentivizing members through differential benefits or something else? The research project aligns with Anyebe (2018) that some policies undermine the solidarity for which unions were formed because the formulation and implementation of internal policies, such as gift policies in the case of the NUM, tend to only reflect the values and preferences of leadership members as the policy in question benefits only a select few and not everyone. Employing a semi- structured interview with leaders and members of the National Union of Mineworkers, this inquiry intended to address concerns relating to the essence and significance of the Gift Policy, and the process by which the Gift Policy was developed, the Gift Policy’s influence on working relationships, the Gift Policy’s impact on the creation of positions of authority and whether it influences privilege between the union’s leadership and ordinary union members. The researcher noted a wide diversity of viewpoints on the Gift Policy. Interpretations range from functional incentivization, which entails improving the transport mobility of the union executive members to perform their tasks with reliable transport to issues of elitism and differential power between leadership and rank and file. This study has significant limitations. Firstly, qualitative research is mostly subjective because it relies on researchers to comprehend respondents' own perceptions (Field, 2013). Secondly, this study focuses solely on the Gift Policy within NUM. Consequently, the findings of the study cannot be generalised to other policies within the union or other political organisations. Thirdly, the study’s sampling consisted of 15 participants of whom only four were females and 11 were males. Moreover, only male participants were in leadership positions. To address these limitations, future studies may employ random sampling techniques on a broader sample to address generalizability issues. When using telephone interviews in their study design, researchers should keep these privacy concerns in mind. Therefore, future researchers will be in a better position to perform a comprehensive qualitative study employing theme analysis, ensuring ii trustworthiness, and delivering significant findings if these limitations are considered and these recommendations are followed. Findings from this study serve as a useful guide for the formation and implementation of incentive policies that will make employees at all levels feel valued, included, and equipped with resources to undertake their tasks as well.
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    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, David
    Many 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.
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    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.
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    Beyond the click: Informed consent in the age of cookies
    (University of the Witwatersrand, Johannesburg, 2024) Finger, Mokone; Visser, C.
    Rapid evolution of technology and the internet has enabled vast data to be exchanged amongst people. These changes have introduced extraordinary data collecting methods that also recognise traces of personal information when users browse the internet. An example of such a tracking method is a cookie. Cookies, while they serve to enhance user experience, tend to collect and store personal information of data subjects without their knowledge and consent. For this reason, they raise a question of a threat to privacy and consent of data subjects. This research report principally examines the legal sufficiency of a mere click of a button in establishing valid consent for processing of personal information, which includes the collection, storage and transmission of personal information through cookies. The Protection of Personal Information Act 4 of 2013 (the POPI Act) was enacted to give effect to the constitutional right to privacy. Thus, the POPI Act operationalises the constitutional right to privacy by providing a framework for the processing of personal information, even though its application has shortcomings related to consent and cookies. In order to interpret the POPI Act, this paper will integrate the common law and the General Data Protection Regulation 2016/679, based on the adjudicative subsidiarity doctrine, as constitutional backdrop instruments to determine the threshold for consent in the POPI Act when using cookies.
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    The meaning of 'substantially all the trade' in article XXIV of the GATT and 'substantial sectoral coverage' in article V of the GATS
    (University of the Witwatersrand, Johannesburg, 2024) Mokgonyana, Karabo; Sucker, Franziska
    There has been an increase in the emergence and reach of custom territories in the form of regional or preferential trade agreements (RTA/PTAs). As of 01 January 2024 361 RTAs relating to trade in goods are in force and about 594 have been notified to the World Trade Organisation (WTO). Economic integration through RTAs has allowed traders from many countries to access the global market and function competitively. More so, economic integration contributes to increasing gross domestic product (GDP), developing new markets and attract new investments. Typically, RTAs provide their Members a trade advantage and are, thus, inconsistent with the Most Favoured Nation (MFN) principle. The WTO establishes an exception for such inconsistencies, provided the RTA in question meets specific requirements. Among these requirements, an RTA must cover 'substantially all trade' in terms of art. XXIV:8 of the General Agreement on Tariffs and Trade 1994 (GATT) and 'substantial sectoral coverage' in terms of art. V:1(a) of the General Agreement on Trade in Services (GATS). These terms have been inconsistently determined and applied by WTO Members, with no sight of a standard definition. Therefore, the purpose of this research report is to determine the definition for the requirements 'substantially all trade' and 'substantial sectoral coverage'. I approach this by first unpacking the purpose and background of RTAs and defining key concepts like FTAs and CUs. Second, I discuss the foundational MFN principle. I then discuss the legal requirements for invoking exceptions to the MFN principle for RTAs. Then I explore what substantially all the trade in art. XXIV of GATT and substantial sectoral coverage in art. V of GATS means. Finally, I determine a standard definition for both requirements.
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    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.