4. Electronic Theses and Dissertations (ETDs) - Faculties submissions

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    Limitations of litigation as a tool for achieving social change: A perspective on South African and Zimbabwean litigation environment
    (University of the Witwatersrand, Johannesburg, 2024) Sigwegwe, Dumolwethu; Samtani, Sanya
    This research report seeks to investigate and analyse the limitations of using litigation as a tool for achieving social change in the legal environments of South Africa and Zimbabwe, with a particular focus on relevant provisions in the Constitutional framework. In other words, I consider how litigation related to socioeconomic rights, with a particular focus on the right to healthcare, has been limited in its capacity to bringing about societal transformation. Juxtaposing these legal systems should highlight the opportunities and challenges of utilising litigation. In South Africa the 1996 Constitution, and in Zimbabwe the 2013 Constitution play a significant role in shaping socio-economic rights, enhancing access to justice, and promoting social transformation. Further, the Bill of Rights and the Constitutional Court all contribute to the potential effectiveness of litigation. Relying on the Constitutional framework, literature concerning the effectiveness and critique of litigation, and case studies from South Africa and Zimbabwe the article illustrates the potential and shortfalls of litigation in advancing socio- economic rights. The argument highlights that litigation has made substantial advancements in effecting systemic and policy changes, as well as in holding governments accountable. However, it also emphasizes the existence of potential obstacles, such as the failure to implement court orders, institutional barriers, and structural or procedural issues that require addressing in the pursuit of societal transformation. The research report concludes that whilst litigation can be seen as just one tactic in the repertoire for challenging societal and systemic injustices, it must however, be complemented with a broad range of strategies that include advocacy, grassroots movements, and policy reform, to address the complex underlying causes of social issues effect social change in South Africa and Zimbabwe
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    Intimate partner killings, criminal defences and the law
    (University of the Witwatersrand, Johannesburg, 2024) Sithole, Patience Thandeka
    The Constitution of the Republic of South Africa, 1996 in section 9 resoundingly guarantees the ‘equal protection and benefit of the law’ to all who are within the Republic. This undertaking is a crucial part of the South African democracy, and it is a manifestation of the law’s progression from being grossly and arbitrarily discriminatory, to becoming more inclusive and considerate of people from all walks of life. Contrarily though, a close analysis of some aspects of the law as it currently exists, shows that equality before the law is more aspirational than it is a reality. Women, in particular, are often overlooked and subjected to unfairness by the same law that, in theory, vows to protect them. The lack of accommodation of abused women who kill, by the private defence ground of justification, under criminal law is an apt example of the law’s marginalisation of women. This marginalisation manifests itself in the rigid approaches to cases of abused women who kill. The typical approach is the objective ‘reasonable person’ standard which is effective in most instances but has fallen short in cases of abuse, as such cases require consideration of the abused woman’s unique set of circumstances. This calls for a closer exploration of the specific and subjective factors of women’s experiences in order to comprehend the nature and extent of the abuse. Although expert witness evidence is admissible in these cases, the weight placed on such evidence is minimal, often leading to a miscarriage of justice. In view of that, this paper serves to play a dual role of re-identifying the inadequacies that continue to exist under the private defence laws in South Africa, while simultaneously providing recommendations on how the law can be developed to successfully address these inadequacies.
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    Factors Affecting Blockchain Technology Adoption by Organizations in the Livestock Supply Chain Industry in Zimbabwe
    (University of the Witwatersrand, Johannesburg, 2024) Tambudze, Pelagia; Isabirye, Naomi
    Blockchain is a distributed ledger technology that provides the building block for many innovations. The distributed nature of blockchain, its immutability, and anonymity enable trust, transparency, and security among transacting or trading partners. The accelerated unfolding of 4IR due to the COVID- 19 pandemic recently unveiled several critical gaps within global supply chains, including livestock supply chains. The main challenges faced by organizations in the livestock supply industry in the developing world include difficulties for farmers in accessing new markets, no flexibility in production times, and no traceability for the consumer market to trace food component authenticity. In Zimbabwe, livestock is an important sector contributing about 22% of the total GDP. From several studies done by other researchers in different industries, such as health care, banking, mining, education, and agriculture, it is evident that blockchain technology solves most of these issues by decreasing data asymmetries and the cost of transactions to benefit all stakeholders. Blockchain-based solutions have recently been introduced to the livestock sector, and Zimbabwe is one of the early adopters among its African counterparts. However, the adoption rate by organizations within the livestock supply chain has been minimal. Using the lens of the TOE framework, this study investigated the factors that affect the decision by organizations in Zimbabwe's livestock supply chains to adopt blockchain technology. A qualitative approach was applied, interviewing fifteen informants from various levels of the livestock supply chain. Responses were analysed using thematic analysis. The study found that adopting blockchain benefits organizations and the overall livestock supply chain. The study found that technological, organizational, and environmental factors influenced organizations' decision to adopt blockchain technologies within livestock supply chains. These factors included availability of the technology, cost of the technology, skills availability, regulation and policies, competitive pressures, presence of blockchain providers, political and socio- economic factors and market trends.
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    The role of the company secretary in promoting good corporate governance in South Africa
    (University of the Witwatersrand, Johannesburg, 2024) Thabit, Shaaista
    The global prevalence of corporate scandals involving misconduct has drawn public attention to corporate governance, highlighting the role of the company secretary as a key corporate governance officer. However, company secretaries are often overlooked, despite their importance for facilitating corporate governance. The term ‘secretary’ itself is misleading, as it suggests a purely administrative position. Prior to the role’s development, the connotation was correct. Company secretaries were known as the administrative officer of the company. The implication of this has been, and remains, that the role is not fully leveraged. This view contrasts with the multifaceted functions company secretaries perform today in corporate governance matters and beyond. The emphasis on corporate governance has resulted in modern company secretaries taking on a range of positions with broader powers and extensive duties transforming their roles into guardians of corporate governance. The position is already incorporated into governance codes, the recent Companies Act 71 of 2008 and practice. However recent corporate failures raise concerns whether the role of the company secretary within South Africa's corporate governance framework has the potential to fulfil this corporate governance expectation. This research report will discuss how factors such as the historical marginalisation, legal ambiguity, lack of knowledge and framework fragmentation of the role has contributed to its underutilisation and undervaluation. Effectively hindering it from reaching its full potential within corporate governance and relegating it to the status of an unrecognised hero despite its significant role in corporate governance. This research report further examines the role of the company secretary within the corporate governance framework, highlighting its potential to succeed in this crucial corporate governance position and proposing improvements to maximise this potential. This research report asserts that selection, implementation and utilisation of a suitable company secretary can prevent or mitigate instances of poor corporate governance and, in some cases corporate scandals, bringing to the fore a new corporate ‘governance hero’.
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    The WTO law consistency of the data localisation requirements in section 72 of POPIA
    (University of the Witwatersrand, Johannesburg, 2024) Thomas, Nkosinathi Benny; Sucker , Franziska; Ngulube,Mxolisi
    South Africa's Protection of Personal Information Act ('POPI'), officially promulgated on 1 July 2020, was enacted to legislatively ameliorate South Africans' constitutional rights to not have their privacy infringed. POPI generally establishes a mechanism to ensure that persons have a say in the collection, processing and storage of their personal information. This is done through a regulatory mechanism which prescribes the limits and compliance requirements for the aforementioned activities. As part of its suite of protections, POPI in section 72 thereof, prescribes limits and conditions for the cross-border transfer of personal information collected in South Africa. Section 72 of POPI is a conditional data localisation provision because it prescribes the circumstances under which personal information collected in South Africa may be transferred extraterritorially. On the assumption that unhindered flow of data is required for the enablement of digital trade, I ascertain whether section 72 of POPI is consistent with the laws of the World Trade Organisation. In particular, I ascertain whether section 72 of POPI is consistent with the relevant provisions in the General Agreement on Trade in Services ('GATS'). To the extent that section 72 of POPI is inconsistent with the relevant provisions in GATS, I conclude that section 72 of POPI is justified pursuant to the exceptions in GATS.
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    Universal internet access in South African disadvantaged communities: is there adequate regulation?
    (University of the Witwatersrand, Johannesburg, 2024) Thomas, Khayakazi
    As a result of the advent of the fourth industrial revolution, artificial intelligence, the technology of things and other similar technologies, information communications technologies (ICT) form the basis of our routine lives and sit at the core of both economic and social development. Therefore, the advancement of universal access and service is indispensable for the equal and full enjoyment of all freedoms and rights by all and provides for the improvement of the quality of life for all citizens, and further presents a gateway to freeing each person's potential, as envisaged in the Constitution. This is particularly true for the digitally marginalised situated in informal settlements, townships and remote rural areas (Disadvantaged Communities). Notwithstanding the above, statistics show that to date the digital community in South Africa is still very much skewed towards the affluent urban communities, with only 1% of rural households able to access the internet in their homes. Achieving universal access and service in Disadvantaged Communities is a key policy goal in a democratic society such as ours. It is in light of this that this research report presents a multi-method research approach to holistically conclude on the adequacy of the South African regulatory framework to drive the advancement of universal access and service in Disadvantaged Communities, and recommend law reform. This entails a review of the regulatory framework governing universal access and service (in the South African historical background context under the apartheid regime) compared against international best practices on the regulation of universal access and service in Disadvantaged Communities (using the prevailing socio-economic realities in Disadvantaged Communities as guiding principles). The research report findings, taking into consideration the South African historical background and the prevailing socio-economic realities in Disadvantaged Communities, indicate that the South African regulatory framework is to a great extent on par with international best practices on regulation aimed at the advancement of universal access and service in Disadvantaged Communities, barring its unsuccessful implementation. The research report identifies that the unsuccessful implementation of the regulatory framework is largely owing to its fragmentation (i.e., the regulatory framework relies on vast legislation, policies and regulations and different stakeholders for its implementation). Therefore, the proposed law reform constitute regulatory framework structural measures aimed at redressing the identified fragmentation so as to achieve a regulatory framework that adequately facilitates the implementation of the universal access and service objective in Disadvantaged Communities..
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    Re-examining the effectiveness of monetary policy in achieving price stability and output growth in Botswana
    (University of the Witwatersrand, Johannesburg, 2024) Tlhako, Kefilwe; Mahonye, Nyasha
    This study reassessed the effectiveness of Botswana's monetary policy, emphasizing its two main goals of maintaining price stability and promoting output growth. Output and inflation are our dependent variables, and they are proxied, respectively by mining and non-mining GDP and the consumer price index. We examined quarterly data from 2005 to 2022 using a Vector Error Correction model. Stationarity tests were conducted using both the ADF test and the Phillips-perron (PP-test), where both tests confirmed all variables to be stationary at levels except money supply which was stationary at first differences. Through the integration of macroeconomic factors like inflation, GDP, interest rates, exchange rates, money supply, and the bank rate, our goal is to offer a thorough comprehension of the relationship between monetary policy decisions and their consequences in the economy of Botswana, a small open economy that is prone to both internal and external shocks. By considering both internal and external elements that could have an impact on the framework's performance, our analysis provides light on how less effective Botswana's monetary policy framework has been over the studied period. The results from the study show that policy shocks have little effect on output growth and inflation. This is proven by the results of the VECM showing a significant impact of the bank rate on non-mining GDP only, while the other two variables; mining GDP and inflation proved that the bank rate does not impact them both in the short run and long run. The VAR decomposition also showed that at most 5% of the changes in our dependent variables are explained by the shocks on the bank rate. The results bring us to the conclusion that other external shocks, such as controlled prices and exchange rates, are the primary causes of inflation than it is driven by the bank rate. With respect to output, the results bring us to the conclusion that the mining sector is heavily influenced by global commodity prices, which are determined by international supply and demand dynamics, rather than domestic interest rates. So significant changes in the bank rate may not alter these global factors. Lastly the non- mining GDP is seen to respond to changes in the bank rate due to the interest rate sensitivity of the sector. The non-mining sector is made up of sectors such as manufacturing, services, retail etc, and these are very sensitive to changes in the interest rates as they rely mainly on short term borrowings for capital and investment. Therefore, changes in the bank rate quickly affect lending rates, consumer loans and business financing, leasing to more immediate economic impacts. Based on the above results, we therefore recommend that policy makers should diversify monetary policy tools and implement sector specific support for the mining industry and focus more on controlling external factors such as exchange rates. 4 Enhanced financial sector regulation and coordination with fiscal policy are also crucial. The employment of these measures can help stabilize the economy and improve the effectiveness of monetary policy, and ensure that non-mining sectors which are more sensitive to interest rates changes, benefit from targeted interventions. This holistic approach acknowledges the varying responsiveness of different sectors and the influence of global economic conditions.
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    South Africa’s greylisting due to deficiencies in its corporate legal framework on illicit financial flows: is there a need for measures enhancing transparency in relation to beneficial ownership?
    (University of the Witwatersrand, Johannesburg, 2024) Tshinaba, Tshianzi Palesa; Samaradiwakera-Wijesundara, Charmika
    On 24 February 2023, the Financial Action Task Force’s decision to ‘grey list’ South Africa sent shockwaves through the Republic, placing it under increased monitoring by the intergovernmental body. The economic consequences thereof are dire: loss of investor confidence, increased difficulty in obtaining donor funding from abroad, among many others. The greylisting is a consequence of South Africa’s failure to address the deficiencies in many aspects of its anti-money laundering and counter-terrorist financing regime, including those relating to the obscure beneficial ownership framework designed for companies that operate within its territory. Motivated by the pressure of being greylisted, the South African government is in the process of establishing a new beneficial ownership regime that is much more transparent and aims to prevent the use of companies by their beneficial owners to facilitate illicit financial flows. However, the obscurity of the “old” beneficial ownership regime was rooted in the need to protect beneficial owners’ privacy and safety. It is on this basis that this paper investigates whether there is truly a need for a new beneficial ownership regime and, if there is, whether the regime being established by the South African government will be effective in preventing and deterring beneficial owners from using companies as vehicles through which they can engage in illicit financial flows in and out of the Republic.
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    Caregiver capabilities and socio-economic disparities in children’s health-related quality of life
    (University of the Witwatersrand, Johannesburg, 2024) Turner, Georgia
    This study investigates the relationship between children’s health-related quality of life and the associated contextual factors. Furthermore, this study analyses the socio-economic disparities that exist amongst children and what particular social determinants of health are influencing their health and wellbeing. Using an OLS regression as well as the Blinder-Oaxaca decomposition, the results show how children with a lower socio-economic status experience a lower HRQOL as opposed to those with a higher socio-economic status. Furthermore, this paper reports new research on the association of caregiver’s capabilities and children’s HRQOL which represents an important explanation for children’s health-related quality of life. Caregivers’ capabilities are a set of tools that enables parents to manage work, life and parenting effectively. The results provide evidence how important these capabilities are as it contributes to a better health related quality of life in their children. The findings show how a higher socio-economic status is associated with better caregiver capabilities. This is an important finding in the South African context, as exorbitant social inequalities exist, and hence, improving adult capabilities could potentially result in not only aiding to narrow the socio-economic disparity gap, but also improving the overall quality and health of children. This also leads to the premise of a bi-directional association whereby improving caregivers’ socio-economic status may likely also improve their capabilities.
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    Considering estate duty as a source of wealth tax in South Africa: an African analysis
    (University of the Witwatersrand, Johannesburg, 2024) Venketsamy, Kanushka
    Taxation has been employed across the world to generate government revenue, which in turn is spent on public goods and services. Income taxes, consumption taxes and taxes on assets (wealth) make up total tax revenue. A wealth tax has been implemented in various countries through different means. Advocates for wealth taxes argue that its implementation would assist in bringing balance to societies with income and wealth inequalities. Income inequality is abnormally high in South Africa. Wealth tax is imposed in different forms: estate duty, donations tax, transfer duty and securities transfer tax. Studies have been conducted on the implementation of a wealth tax in South Africa; however, it is not considered practical. This research report focuses on revenue collected from estate duty as an existing type of wealth tax. It is considered whether the amount of tax revenue collected can be increased through improvements in the estate duty regime, as opposed to introducing a separate wealth tax. This is determined by comparing the estate duty regime of South Africa to that of selected African countries, namely Angola, Botswana, Cameroon, Equatorial Guinea, Malawi, Morocco, Mozambique, Senegal and Zimbabwe. These African countries were selected because of their similar levels of income inequality. Only Malawi and Zimbabwe employ estate duty, while the other selected countries employ an inheritance tax, gift tax or transfer tax. The observed trend in the death tax regimes of the chosen countries was the relationship between the deceased and receiver of the estate/assets playing a role in the determination of the tax rate levied. South Africa’s estate duty regime does not consider this relationship. A potential adoption from the African death tax regimes would be to simplify the estate administration process.