Faculty of Commerce, Law and Management (Research Outputs)
Permanent URI for this communityhttps://hdl.handle.net/10539/38060
Browse
13 results
Search Results
Item What’s the deal? women’s evidence and gendered negotiations(Springer, 2018-11) Bonthuys, ElsjeSouth African law has traditionally denied property sharing rights to people in nonmarital intimate partnerships, but a series of new cases has created the possibility of enforcing universal partnership contracts to claim a share in partnership property.However, evidential biases within these progressive cases reflect a historical disdain for women’s contributions to relationships and a widespread reluctance to believe women’s testimony about the existence of agreements to share. These biases bear strong resemblances to the gender stereotypes which have been the subject of feminist critique in rape law. Central to both rape and universal partnerships is the issue of consent or agreement between men and women. This, in turn, depends on social beliefs about male and female entitlements in the realms of sex and intimate relationships. The paper highlights the commonalities and parallels between the legal treatment of women’s evidence about the existence of contracts on the one hand, and the prejudice faced by complainants in rape cases.Item Subjective well-being impact of old age pension in South Africa: A difference in difference analysis across the gender divide(AOSIS (pty) Ltd, 2019-12-06) Kollamparambil, Umakrishnan; Etinzock, Mfongeh, NBackground: South Africa provides old age pension (OAP), a non-contributory means-tested income transfer to persons aged 60 and above. More than two-thirds of the elderly population report receiving the OAP. Women have historically had a lower pension eligibility age of 60, while the eligibility of men decreased from 65 to 60 between 2008 and 2010. Aim: This study analyses the impact of the OAP on the subjective well-being of the elderly in South Africa. The study aims at understanding the differential impact on the subjective wellbeing of male and female recipients. Methods: The study adopts the difference in difference (DiD) impact evaluation framework to establish the impact of OAP using a sub-sample of data for elderly persons aged between 55 and 64, collected from the first four waves of the National Income Dynamics study. Linear and non-linear DiD models are estimated as robustness checks given the ordinal nature of the dependent variable. Results: The OAP variable consistently produced positive and significant estimates for the sample as a whole. Further, anticipatory effect of OAP was not found to exist. A gender specific analysis indicates that female recipients have a positive and significant change in well-being as a result of OAP, while male recipients did not. Conclusion: The difference in the well-being impact of OAP between male and female recipients can be attributed to the gender difference in the use and meaning of pensions. Our findings question the uniform criteria introduced for male and female recipients for OAP in South Africa.Item An exploratory perspective of student performance and access to resources(Mediterranean Center of Social and Educational Research, 2014-11-01) Papageorgiou, E; Callaghan, C.WThis research investigated the relationships between potential constraints to students’ access to technological resources and student academic performance. Longitudinal data from 2010 (n=228), 2011 (n=340) and 2012 (n=347) from South African accounting students was used to test the relationships between technological resources access and student academic performance using correlation analysis, multiple linear regression analysis and factor analysis. Access to the latest software was found to be associated with student academic performance; a ‘digital divide’ between students may influence their academic performance. This research specifically identifies certain constraints potentially associated with a ‘digital divide’ that may influence student performance.Item An exploratory perspective of student performance and access to resources(Mediterranean Center of Social and Educational Research, 2014-11-01) Papageorgiou, E; Callaghan, C.WThis research investigated the relationships between potential constraints to students’ access to technological resources and student academic performance. Longitudinal data from 2010 (n=228), 2011 (n=340) and 2012 (n=347) from South African accounting students was used to test the relationships between technological resources access and student academic performance using correlation analysis, multiple linear regression analysis and factor analysis. Access to the latest software was found to be associated with student academic performance; a ‘digital divide’ between students may influence their academic performance. This research specifically identifies certain constraints potentially associated with a ‘digital divide’ that may influence student performance.Item South African business in the transition to democracy(2019-01-02) Michie, Jonathan; Padayachee, VishnuThe transition to democracy in South Africa represents one of the most celebrated political moments of the late 20th C. While much has been said about the narrowly political and constitutional aspects of this period in South African and world history, little has been said about economic policy choices made in the transition years, or about the role of business in the transition or indeed about how business of all kinds responded to the changes. This collection of essays written by some of the leading scholars of South African business represents one of the first attempts to cover this lacunae in the literature. In the Introductory essay we review the context for these changes in politics and business relations, and summarise the findings of the papers that follow. © 2018, © 2018 Informa UK Limited, trading as Taylor & Francis Group.Item Immigration Internal Migration and Crime in South Africa A multilevel model analysis(Wiley Online Library, 2019-09) Kollamparambil, UA review of South African literature on crime confirms the lack of a study that considers the impact of migration on the crime rate in the country. The high levels of crime in South Africa aside, additional motivation behind the study has been the increasing rhetoric in media and by politicians insinuating the prominent role of foreign immigrants in the high crime levels of the country. While this is the first attempt to study this relationship in the South African context, it also stands apart from existing studies undertaken in the developed countries by accounting for both internal migrants as well as foreign immigrants. Further, the study claims the use of multi-level regression estimations as an improvement from the existing studies on the issue by accounting for variance clustering across different spatial levels. In all the estimated models, internal migrant ratio came out as being positively and significantly related to crime rates across five different crime categories, with the sole exception of sexual crime rate. There was no evidence of foreign immigrant ratio impacting on crime rate in any of the crimes analysed except crime relating to property. Further, income inequality and sex ratio figure as determining factors across most types of crime in South Africa. © The Authors 2018. Development Policy Review © 2018 Overseas Development InstituteItem Substantive equality and transformation in South Africa(Juta and Co, 2007) Albertyn, CatherineThis article considers whether ‘substantive equality’, as a transformative idea and legal mechanism in the South African Constitution, can generate legal solutions and court decisions that may result in transformative change. It does so by establishing a framework for analysing the ‘inclusionary’ or ‘transformatory’ effects of equality cases in relation to gender and sexual orientation. It argues that the idea of substantive equality is capable of addressing diverse forms of social and economic inequality, and that the legal form of substantive equality adopted by the Constitutional Court, emphasising context, impact, difference and values, has some potential for achieving meaningful social and economic change by and through courts. However, the manner is which the Court has engaged with this legal form suggests that the transformative possibilities of equality are constrained by a number of factors. These include institutional concerns, the capacity and willingness of judges to recognise and address the multiple systemic inequalities that still pervade our society as well as their ability to develop a consistently transformative jurisprudence that applies the ideas of substantive equality to the concepts and doctrines that underpin many equality claims.Item Constitutional Court for South Africa(Centre for Applied Legal Studies, 1991-11) Haysom, N. R. L.Item Mabangalala: The Rise of Right-Wing Vigilantes in South Africa(Centre for Applied Legal Studies, 1996) Haysom, NicholasItem Who owns South Africa? can the repeal of the Land Act de-racialise land ownership in South Africa?(Centre for Applied Legal Studies, 1991-02) Claassens, Aninka