scholarly journals “Ubuntu” I am because we are: COVID-19 and the legal framework for addressing communicable disease in the South African prison system

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Marie Claire Van Hout ◽  
Jakkie Wessels

Purpose The purpose of the paper was to conduct a legal-realist assessment of the South African prison system response to COVID-19. Severely congested and ill-resourced prison systems in Africa face unprecedented challenges amplified by COVID-19. South Africa has recorded the highest COVID-19 positivity rate in Africa and, on March 15th 2020, declared a national state of disaster. The first prison system case was notified on April 6th 2020. Design/methodology/approach A legal-realist assessment of the South African prison system response to COVID-19 in the 12 months following initial case notification focused on the minimum State obligations to comply with human rights norms, and the extent to which human, health and occupational health rights of prisoners and staff were upheld during disaster measures. Findings A legal-realist account was developed, which revealed the indeterminate nature of application of South African COVID-19 government directives, ill-resourced COVID-19 mitigation measures, alarming occupational health and prison conditions and inadequate standards of health care in prisons when evaluated against the rule of law during State declaration of disaster. Originality/value This legal-realist assessment is original by virtue of its unique evaluation of the South African prison system approach to tackling COVID-19. It acknowledged State efforts, policymaking processes and outcomes and how these operated within the prison system itself. By moving beyond the deleterious impacts of the COVID-19 pandemic on the already precarious South African prison system, the authors argue for rights assurance for those who live and work in its prisons, improved infrastructure and greater substantive equality of all deprived of their liberty in South Africa.

2017 ◽  
Vol 10 (3) ◽  
pp. 410-430 ◽  
Author(s):  
Bashir Olanrewaju Ganiyu ◽  
Julius Ayodeji Fapohunda ◽  
Rainer Haldenwang

Purpose This study aims to identify and establish effective housing financing concepts to be adopted by government in achieving its mandate of providing sustainable affordable housing for the poor to decrease the building of shacks, as well as proposing solutions to the housing deficit in South Africa. A rise in demand and shortage in supply of housing calls for the need to address issues of affordable housing in South Africa, and developing countries in general, to ensure a stable and promising future for poor families. Design/methodology/approach Literature has revealed that the South African government, at all levels, accorded high priority to the provision of low-cost housing. Thus, government has adopted subsidy payment as a method of financing affordable housing to ensure that houses are allocated free to the beneficiaries. This also addresses the historically race-based inequalities of the past, but unfortunately, this has not been fully realised. This study uses a sequential mixed method approach, where private housing developers and general building contractors were the research participants. The qualitative data were analysed using a case-by-case analysis, and quantitative data were analysed using a descriptive statistical technique on SPSS. Findings The results of the qualitative analysis reveal a gross abuse of the housing subsidies system by the beneficiaries of government-funded housing in South Africa. This is evident from illegal sale of the houses below market value. This has led to a continual building of shacks and an increased number of people on the housing waiting list instead of a decrease in the housing deficit. The results from quantitative analysis affirm the use of “Mortgage Payment Subsidies, Mortgage Payment Deductions, Down-Payment Grant and Mortgage Interest Deductions” as viable alternatives to subsidy payment currently in use to finance affordable housing projects by the South African Government. Practical implications At the moment, the focus of the South African National Government is continual provision of free housing to the historically disadvantage citizens, but the housing financing method being used encourages unapproved transfer of ownership in the affordable housing sector. This study thus recommends the use of an all-inclusive housing financing method that requires a monetary contribution from the beneficiaries to enable them take control of the process. Originality/value The relational interface model proposed in this study will reduce pressure on government budgetary provision for housing and guarantee quick return of private developers’ investment in housing. Government must, as a matter of urgency, launch a continuous awareness programme to educate the low-income population on the value and the long-term benefits of the housing.


2014 ◽  
Vol 4 (1) ◽  
pp. 97-116 ◽  
Author(s):  
Lesley Stainbank ◽  
Devi Dutt Tewari

Purpose – The purpose of this paper is to provide a contextual analysis of the professional accounting education programmes in South Africa and India by benchmarking both programmes to the International Education Standards (IESs) of the International Federation of Accountants (IFAC). Design/methodology/approach – The research methodology is a qualitative archival approach extracting information from secondary data (Statements of Membership Obligations’ compliance questionnaires available on the IFAC web site and information from the web sites of the relevant professional accountancy bodies). Findings – With regards to the IESs, the study found that both countries comply with the standards, although important differences occur. In South Africa, most of the education takes place during the university phase; and while both countries cover the content requirements, India covers the acquisition of professional skills more formally; ethics is taught and examined in both countries; both countries require a three year training contract; both countries have a final examination but the content of the examinations are different; and South Africa requires more continuous professional development than India. These findings, when related to India's and South Africa's relative positions on certain of the Global Competitiveness Indices may indicate that India could learn from the South African accountancy education model in order to strengthen the Indian position with regards to auditing and reporting standards. Research limitations/implications – A limitation of the study is that it did not investigate the quality of the relative education programmes and it benchmarks both programmes at a single point in time. Practical implications – India could strengthen its accounting profession by implementing some of the South African aspects of its education model. South African could consider adopting the flexibility in the entry requirements in the Indian education model in order to increase the number of accountants in South Africa. These findings may also be useful to other developing countries to identify practices which could be adopted if suitable in their respective countries. Originality/value – The study is original as accountancy education programmes in India and South Africa have not been contrasted before. In view of their similar colonial background and the fact that both countries are major economic and political forces in their respective regions, the value of this study is that it provides useful and relevant information to India, South Africa and other countries with similar economic and social backgrounds.


2020 ◽  
Vol 15 (3) ◽  
pp. 141-160
Author(s):  
Anna Wilshire Jones Bornman ◽  
Carol Jean Mitchell

Purpose The purpose of this study was to explore children’s pathways through homelessness within the South African context, with particular attention paid to pathways out of homelessness. This study focusses on factors influencing children’s successful transitions out of homelessness. Design/methodology/approach A qualitative exploratory design was used, using interviews with nine children who had exited or were in the process of exiting homelessness. Interviews were conducted at a children’s shelter in Pietermaritzburg or in the children’s home environments. Interviews were analysed thematically. Findings An ecological framework was used to frame the factors influencing children’s pathways in, through and out of homelessness in the children’s narratives. These included institutions, relationships and intrapersonal strengths and resources. The study suggested that constructive relationships with shelter staff and parental figures, as well as intrapersonal strengths, were the most prominent factors in children successfully negotiating their way through their homelessness. The importance of a relationship with the paternal family within some African cultures was also a point of leverage. Research limitations/implications Implications for policy and practise include the need for systemic change, as well as greater support for shelters and shelter staff. The issue of rivalry in the shelter context and the role of the paternal family in the reintegration process require more research attention. The research is limited to homeless children in Pietermaritzburg, South Africa. Practical implications This study provided feedback to the shelter regarding their strategies for assisting homeless children off the streets. It further provided evidence for the importance of the work of the shelter, to strengthen advocacy efforts. This may be useful to others in similar circumstances. Social implications This study highlights the importance of macrosystemic interventions in the efforts to assist homeless children, while at the same time not ignoring the inter and intra, personal elements to enhancing their well-being. Originality/value This paper is singular in its exploration of factors influencing children’s successful transitions out of homelessness within the South African context.


2015 ◽  
Vol 25 (3) ◽  
pp. 288-305 ◽  
Author(s):  
Mpho Ngoepe ◽  
Salmon Makhubela

Purpose – The purpose of this study is to investigate the cases of “delayed and denied” justice that resulted from a lack of or poor record-keeping in the South African courts and police service with a view to encouraging proper records management. Proper records management plays a significant role in supporting the justice system. Records provide the critical evidence that a particular action or transaction took place and can be used as evidence in a court of law. Without reliable and authentic records, government cannot administer justice and, as a result, offenders can be set free while the victims are denied justice. Design/methodology/approach – Utilising content analysis, this study extracted print media articles (2000-2012) relating to the “records and justice system” from the South African Media database, which is one of the databases hosted by the South African Bibliographic and Information Network. The study selected cases reported in the media to conduct follow-up interviews with a policeman, lawyer and judge to discover the implications of the unavailability of required records in court cases. Furthermore, access was given to three selected cases that were given high profile in the media and these cases were analysed to find out what the final verdict in each case was. Findings – Results of the study suggest that some criminal cases were withdrawn due to missing dockets or cases not properly registered. In some instances, records were reconstructed, resulting in the travesty of justice. The study concludes by arguing that if records are not accounted for, lawyers, prosecutors and magistrates could dispute the authenticity of records. As a result, justice for victims would be delayed and ultimately denied while the perpetrators are freed. Research limitations/implications – The findings and recommendations of this study may go a long way in helping courts in South Africa to manage records properly to support the justice system. Furthermore, the study is a useful compilation of the importance of missing records for social purposes. Originality/value – In an attempt to show the role of records management in the administration of justice in South Africa, this study used a triangulation of data collection tools. This is a new attempt, especially in the South African context. Previous studies in southern Africa only looked at the management of records in supporting justice system.


2019 ◽  
Vol 31 (4) ◽  
pp. 626-645
Author(s):  
Teresa Michelle Pidduck ◽  
Karen Odendaal ◽  
Michelle Kirsten ◽  
Lauren Anne Pleace ◽  
Kaylee De Winnaar

Purpose The South African Government needs to increase fiscal revenues to cater to increased government spending. This paper aims to argue that the South African Revenue Service (SARS) has an opportunity to tax the receipt of customer loyalty programme awards in the hands of customers, with little amendment to current tax legislation or administration. This provides the South African Government an opportunity to increase much needed tax revenue in spite of limited resources. Design/methodology/approach Five instrumental case studies were used and analysed from a financial reporting perspective to quantify customer loyalty points earned by customers. These can form a basis for deriving the potential benefits from the taxation of customer loyalty programmes in the retail industry. The multiple instrumental case studies used and the application of accounting guidance in International Financial Reporting Standards allow generalisations to be made to highlight the amount of customer loyalty awards granted and possible tax revenues forgone in just one sector of the South African economy. Findings Should the proposals for taxation of customer loyalty programmes be implemented, the fiscus would be able to collect over R 234.35m (US$16.91m) in tax revenue from only five companies providing customers with loyalty awards. This indicates that this proposal for taxation is critical for investigation by the South African Government, as it may aid in achieving revenue goals for South Africa. Originality/value This paper contributes to the literature on taxation legislation within South Africa by proposing a model that may be used by the SARS to increase tax revenues to meet the Government’s needs.


2020 ◽  
Vol 21 (3) ◽  
pp. 253-269 ◽  
Author(s):  
Canicio Dzingirai ◽  
Nixon S. Chekenya

Purpose The life insurance industry has been exposed to high levels of longevity risk born from the mismatch between realized mortality trends and anticipated forecast. Annuity providers are exposed to extended periods of annuity payments. There are no immediate instruments in the market to counter the risk directly. This paper aims to develop appropriate instruments for hedging longevity risk and providing an insight on how existing products can be tailor-made to effectively immunize portfolios consisting of life insurance using a cointegration vector error correction model with regime-switching (RS-VECM), which enables both short-term fluctuations, through the autoregressive structure [AR(1)] and long-run equilibria using a cointegration relationship. The authors also develop synthetic products that can be used to effectively hedge longevity risk faced by life insurance and annuity providers who actively hold portfolios of life insurance products. Models are derived using South African data. The authors also derive closed-form expressions for hedge ratios associated with synthetic products written on life insurance contracts as this will provide a natural way of immunizing the associated portfolios. The authors further show how to address the current liquidity challenges in the longevity market by devising longevity swaps and develop pricing and hedging algorithms for longevity-linked securities. The use of a cointergrating relationship improves the model fitting process, as all the VECMs and RS-VECMs yield greater criteria values than their vector autoregressive model (VAR) and regime-switching vector autoregressive model (RS-VAR) counterpart’s, even though there are accruing parameters involved. Design/methodology/approach The market model adopted from Ngai and Sherris (2011) is a cointegration RS-VECM for this enables both short-term fluctuations, through the AR(1) and long-run equilibria using a cointegration relationship (Johansen, 1988, 1995a, 1995b), with a heteroskedasticity through the use of regime-switching. The RS-VECM is seen to have the best fit for Australian data under various model selection criteria by Sherris and Zhang (2009). Harris (1997) (Sajjad et al., 2008) also fits a regime-switching VAR model using Australian (UK and US) data to four key macroeconomic variables (market stock indices), showing that regime-switching is a significant improvement over autoregressive conditional heteroscedasticity (ARCH) and generalised autoregressive conditional heteroscedasticity (GARCH) processes in the account for volatility, evidence similar to that of Sherris and Zhang (2009) in the case of Exponential Regressive Conditional Heteroscedasticity (ERCH). Ngai and Sherris (2011) and Sherris and Zhang (2009) also fit a VAR model to Australian data with simultaneous regime-switching across many economic and financial series. Findings The authors develop a longevity swap using nighttime data instead of usual income measures as it yields statistically accurate results. The authors also develop longevity derivatives and annuities including variable annuities with guaranteed lifetime withdrawal benefit (GLWB) and inflation-indexed annuities. Improved market and mortality models are developed and estimated using South African data to model the underlying risks. Macroeconomic variables dependence is modeled using a cointegrating VECM as used in Ngai and Sherris (2011), which enables both short-run dependence and long-run equilibrium. Longevity swaps provide protection against longevity risk and benefit the most from hedging longevity risk. Longevity bonds are also effective as a hedging instrument in life annuities. The cost of hedging, as reflected in the price of longevity risk, has a statistically significant effect on the effectiveness of hedging options. Research limitations/implications This study relied on secondary data partly reported by independent institutions and the government, which may be biased because of smoothening, interpolation or extrapolation processes. Practical implications An examination of South Africa’s mortality based on industry experience in comparison to population mortality would demand confirmation of the analysis in this paper based on Belgian data as well as other less developed economies. This study shows that to provide inflation-indexed life annuities, there is a need for an active market for hedging inflation in South Africa. This would demand the South African Government through the help of Actuarial Society of South Africa (ASSA) to issue inflation-indexed securities which will help annuities and insurance providers immunize their portfolios from longevity risk. Social implications In South Africa, there is an infant market for inflation hedging and no market for longevity swaps. The effect of not being able to hedge inflation is guaranteed, and longevity swaps in annuity products is revealed to be useful and significant, particularly using developing or emerging economies as a laboratory. This study has shown that government issuance or allowing issuance, of longevity swaps, can enable insurers to manage longevity risk. If the South African Government, through ASSA, is to develop a projected mortality reference index for South Africa, this would allow the development of mortality-linked securities and longevity swaps which ultimately maximize the social welfare of life assurance policy holders. Originality/value The paper proposes longevity swaps and static hedging because they are simple, less costly and practical with feasible applications to the South African market, an economy of over 50 million people. As the market for MLS develops further, dynamic hedging should become possible.


2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Carin Combrinck ◽  
Caitlin Jane Porter

PurposeDespite the proven importance of co-design as a way of improving the social relevance of architecture, there is a lack of opportunity for meaningful co-design processes in the current professional Master of Architecture programme in South Africa as it is largely modelled on the professional work stages of the South African Council for the Architecture Profession (SACAP), which are based on the assumption of primary authorship and authority of the architect.Design/methodology/approachThis problem has been investigated by way of ten workshops with high school learners in the Mamelodi East township in South Africa, as part of a professional master’s degree in architecture.FindingsThe findings of the workshops indicate that the initial stages of design could benefit directly from the participation processes and could be critiqued constructively. However, increased resistance to the process by crit panels was experienced once the sketch design phase was completed and the expectation of primary authorship increased. Engagement of the learners in the latter part of the design decision-making process also diminished as levels of experience in spatial design became evidently further removed from the expected outcomes.Research limitations/implicationsIn terms of co-design discourse and the evident value of participatory skills in practice, it is evident that the initial work stages of concept, brief and ideation are fairly easily assimilated into the pedagogical requirements of the degree programme and as such could enable a more socially relevant and responsive approach to professional practice.Practical implicationsThe South African standard of practising architecture leaves little space for the process of co-design, even within the educational environment. The value of co-design within this context lies predominantly in the values and conversations generated rather than the aesthetics of the end product. The process of co-design opens up the opportunity for new dialogues to emerge and for relationships to form.Social implicationsCo-design illustrates how architectural intelligence can be exercised in a much broader spatial field that acknowledges more than just the building itself but social, global, ecological and virtual networks, thereby changing how the authors design, what the authors design and who designs it.Originality/valueIt is in the realm of co-design that the beauty of architecture oscillates between strangeness and the ordinary. If the authors embrace the power of the collective and collaborative thinking, the authors are able to conceive new ways in the making of architecture. In order to arrive at this, however, the straightjacketed approach of modelling the master’s programme on professional work stages and outcomes needs to be challenged so that true transformation of the profession can be enabled through its pedagogical instruments.


2012 ◽  
Vol 20 (2) ◽  
pp. 92-112 ◽  
Author(s):  
Daniël Coetsee ◽  
Nerine Stegmann

PurposeThe purpose of this paper is to examine the profile of accounting research in the two academic accounting research journals in South Africa (Meditari Accountancy Research and SA Journal of Accounting Research) during the ten‐year period from 2000 to 2009.Design/methodology/approachThe archival research method is applied, which analyses existing data (in this case the articles published in the South African (SA) accounting research journals) to come to research conclusions. The research method used to analyse the related articles in the SA accounting research journals is based on various international studies. The following dimensions are assessed: authorship; research field; the nature of the research; and research methods. Authorship is classified by institution, and the top seven authors by relative contribution are also identified. Both empirical and theoretical work are classified separately in different research methods.FindingsThese different dimensions provide a broad‐based review of the current profile of accounting research in South Africa.Research limitations/implicationsOther refereed academic articles in the field of accounting have been published in non‐accounting specific SAPSE‐approved journals. These articles are also excluded from the scope of this research since the journals in which they are published have not been established by accounting academics specifically.Practical implicationsThe motivation for doing this research is to identify the current profile of accounting research in South Africa that could be used as a basis for future research‐related development.Originality/valueKnowledge of the profile of accounting research in South Africa could provide opportunities for scholars to expand identified research areas and explore methods that are currently under‐developed in the South African accountancy research field. The paper also acknowledges the contributions by the most prolific authors in the identified journals.


2019 ◽  
Vol 25 (4) ◽  
pp. 752-764 ◽  
Author(s):  
Micheal Omotayo Alabi ◽  
Deon De Beer ◽  
Harry Wichers

Purpose This paper aims to provide a comprehensive overview of the recent applications of additive manufacturing (AM) research and activities within selected universities in the Republic of South Africa (SA). Design/methodology/approach The paper is a general review of AM education, research and development effort within selected South African universities. The paper begins by looking at several support programmes and investments in AM technologies by the South African Department of Science and Technology (DST). The paper presents South Africa’s AM journey to date and recent global development in AM education. Next, the paper reviews the recent research activities on AM at four selected South African universities, South Africa AM roadmap and South African AM strategy. The future prospects of AM education and research are then evaluated through a SWOT analysis. Finally, the paper looks at the sustainability of AM from an education perspective. Findings The main lessons that have been learnt from South African AM research activities within selected universities are as follows: AM research activities at South African universities serve as a platform to promote AM education, and several support programmes and investments from South Africa’s DST have greatly enhanced the growth of AM across different sectors, such as medical, manufacturing, industrial design, tooling, jewellery and education. The government support has also assisted in the actualisation of the “Aeroswift” project, the world’s largest and fastest state-of-the-art AM machine that can 3D print metal parts. The AM research activities within South Africa’s universities have shown that it is not too late for developing countries to start and embrace AM technologies both in academia and industry. Based on a SWOT analysis, the future prospects of AM technology in SA are bright. Practical implications Researchers/readers from different backgrounds such as academic, industrial and governmental will be able to learn important lessons from SA’s AM journey and the success of SA’s AM researchers/practitioners. This paper will allow the major investors in AM technologies and business to see great opportunities to invest in AM education and research at all educational levels (i.e. high schools, colleges and universities) in South Africa. Originality/value The authors believe that the progress of AM education and research activities within SA’s universities show good practice and achievement over the years in both the applications of AM and the South African AM strategy introduced to promote AM research and the educational aspect of the technologies.


2020 ◽  
Vol 31 (3) ◽  
pp. 602-623
Author(s):  
Thendo Masia ◽  
Kahilu Kajimo-Shakantu ◽  
Akintayo Opawole

PurposeGreen building is a relatively new concept with limited applications in property development in South Africa. The objectives of this study are therefore threefold: identify key green building principles considered by property developers, establish the benefits of implementing the principles and determine the barriers to its applications.Design/methodology/approachThe study adopted a case study of two Green Star South Africa (SA)-certified buildings in Sandton, Johannesburg. These are Alexander Forbes building, and Ernst & Young Eris Towers. The two certified buildings were purposefully selected because of the insightful information they provide regarding application of green building principles. The main themes investigated in the cases are environmental awareness, green building principles applications, as well as benefits and barriers of green building. A total of six interviewees from the contractors', property developers', environmental/green building consultants' and sustainability consultants' organizations who were involved in the implementation of green building principles in the two cases provided the qualitative data for the study. The qualitative data were supplemented with data relating to the two case studies obtained from the ‘Earth Works for a Sustainable Built Environment’. The interviews were arranged over a period of two months, and each interview took between 20 and 30 minutes. Analysis of the data was done through a phenomenological interpretation of the qualitative opinions expressed by the interviewees.FindingsKey green building principles comprising energy efficiency, water efficiency, resource efficiency, occupants' health and well-being and sustainable site development were implemented in the two cases. The fact that the buildings were rated 4-star enabled inference to be drawn that the implementation of the principles was less than 60 per cent. Energy efficiency of 35 per cent indicated in Case I suggests that the level is consistent with the South African green building standard of 25 per cent to 50 per cent. However, the energy and water efficiency assessment of the building were based on projections rather than on ongoing monitoring and evaluation of the buildings' performance. Moreover, perceived saving in operational cost was identified as dominant driver to green building principles implementation. Conversely, lack of government incentives and absence of reliable benchmarking data regarding performance of green buildings were major barriers to its full implementation.Practical implicationsThe findings of this study provide important implications to the developers and government on the application of green building principles. In the first place, the evidence that initial high cost premium could be off settled by long- term saving on operational costs as a result of use of local materials, energy and water savings as well as use of recycled material, as implemented in the two case projects, would improve investment decision in green building by developers. The understanding of the drivers and barriers to implementation of green building principles also has implications for guiding government policies and programmes towards green building.Originality/valueThe significance of this study stems from the fact that limited studies, especially in the South African context, have indicated the drivers and barriers to the implementation of green building principles. The case study approach adopted gave a novelty to the study by providing hands-on information from the stakeholders who were known to have played specific roles in the application of green building. The findings indicated that initial high cost premium was not a consideration in developers' choice of green building which justifies the possibility of a costlier product when factors such as environmental sustainability benefit is considered to be ultimate. The study thus suggests further research involving larger cases on energy efficiency, water efficiency and costs of green buildings compared to the conventional type to bring the findings to a broader perspective and assist to benchmark data for green building assessment.


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