Reconsidering criminal law-based liability for corporations and directors in South Africa

2019 ◽  
Vol 26 (4) ◽  
pp. 1085-1094
Author(s):  
Herbert Kawadza
Keyword(s):  
South Africa ◽  
South African ◽  
Criminal Law ◽  
Negative Impact ◽  
Criminal Liability ◽  
Annual Reports ◽  
Content Type ◽  
Criminal Sanctions ◽  
Fresh Perspective ◽  
African Context

Purpose It is recognised that the mere proscription of corporate offences is not adequate to deter misconduct or engender compliance. There is a need for the enforcement of the rules through robust culture-changing sanctions. The purpose of this paper is to demonstrate the inadequacies of criminal law liability in ensuring compliance with ethical corporate conduct in South Africa. Design/methodology/approach This paper is purely qualitative. For expository purposes, it draws from the Criminal Procedure Act, 51 of 1977 as well the corporate criminality enforcement trends and data from the National Prosecutions Agency’s annual reports to demonstrate that much as criminal liability is enshrined in a statute it has, however, not yielded the expected results. It situates the debate within the broader economic criminological scholarship. Findings This paper argues that even though the option of prosecuting corporations and directors is part of South African law, many corporate offences are not brought into the criminal justice system. Judging by its erratic imposition, criminal liability has failed to express the indignation and condemnation that are normally attached to criminal sanctions. Several reasons account for this. These include evidentiary, legal, technical and definitional complexities of some corporate offences, which lead to them being regarded as “unprosecutable crimes”. This has a negative impact on enforcement. Originality/value This paper is novel because it approaches the debate from a fresh perspective, economics and criminology. Not much scholarly attention has been devoted to analysing the efficacy of criminal sanctions in the South African context. This paper attempts to fill that gap.

Pathways through homelessness: the perceptions of homeless children in Pietermaritzburg, South Africa

2020 ◽  
Vol 15 (3) ◽  
pp. 141-160
Author(s):  
Anna Wilshire Jones Bornman ◽  
Carol Jean Mitchell
Keyword(s):  
South Africa ◽  
South African ◽  
Well Being ◽  
South African Context ◽  
Homeless Children ◽  
The South ◽  
Research Attention ◽  
Content Type ◽  
Factors Influencing ◽  
African Context

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.

scholarly journals International movements, post-apartheid dispensations and illegal immigration into South Africa

2015 ◽  
Vol 11 (4) ◽  
Author(s):  
Kambidima Wotela ◽  
Cleophas Letsiri
Keyword(s):  
South Africa ◽  
South African ◽  
Negative Impact ◽  
Illegal Immigration ◽  
Illegal Immigrants ◽  
South African Government ◽  
The South ◽  
African Government ◽  
African Context ◽  
International Boundaries

Arising from the supposed negative impact of illegal immigration, including security threats as well as recent xenophobic violence, the South African Government would like to counter illegal immigration. To do this, it needs to understand the root causes of illegal immigration into the country. This article, therefore, seeks to explain and interpret why illegal immigrants make South Africa their ideal choice of destination. To provide a context, the article begins with a discussion on the research setting, that is, the South African international boundaries. Thereafter, the article discusses the concept of illegal immigration from the South African context before reviewing literature on the number of illegal immigrants in South Africa and the supposed impact. The article then explores literature on international movements and discusses established migration frameworks that explain and interpret these movements. Lastly, to confirm some facts arising from the review, we interviewed officials that manage illegal immigration as well as detained immigrants. We establish that four migration streams that have created a blended society in Southern Africa sparked illegal immigration into South Africa. The article conclude that the problem of illegal immigration into South Africa is perpetuated by deep-rooted migration networks. Therefore, if the South African Government wants to avert illegal immigration, its policy-makers should examine these roots and take them into account to arrive at a solution that is in sync with the root causes of the problem.

Mobilising and organising in precarious times

2016 ◽  
Vol 36 (9/10) ◽  
pp. 613-628 ◽  
Author(s):  
Carin Runciman
Keyword(s):  
South Africa ◽  
Social Movements ◽  
Collective Action ◽  
South African ◽  
Quantitative Research ◽  
South African Context ◽  
Content Type ◽  
African Context ◽  
Heuristic Device ◽  
Definition Of

Purpose The paper argues that the field of social movement studies has been dominated by a movement organisation-centric approach. This organisational bias has constrained the analysis of collective action, especially in the Global South. The purpose of this paper is to contribute towards a reconceptualization of social movements which links them not to organisations but understanding social movements as a praxis linked to the material experiences of everyday life. Furthermore, the paper uses this expanded definition of social movements to revisit debates about mobilising and organising through reference to the contemporary South African context. Design/methodology/approach The empirical findings of the paper are based on ethnographic, qualitative and quantitative research on collective action in South Africa that has been carried out by the author since 2009. Findings The paper presents three case studies of collective action which demonstrate the variability, strengths and weaknesses of different forms organising and mobilising in contemporary South Africa. Originality/value The paper contributes to re-conceptualising social movements in a way in which the concept is better able to travel across the Global North and South as a heuristic device. Furthermore, the paper situates debates about the strengths of mobilising with and without organisations within the South African context.

Traditional-bank customers' digital-only bank resistance: evidence from South Africa

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Jacques Nel ◽  
Christo Boshoff
Keyword(s):  
South Africa ◽  
South African ◽  
Design Methodology ◽  
Status Quo ◽  
Mediation Model ◽  
Essential Factor ◽  
Content Type ◽  
The Status ◽  
African Context ◽  
New Research

PurposeDigital-only banks are emerging as challenger banks to the traditional-bank business model in South Africa. However, traditional-bank customers could resist the use of digital-only banks, theoretically due to their satisfaction with the status quo. Consequently, inertia arising from bias to traditional banks based on status quo satisfaction could engender their resistance to become customers of digital-only banks. The objective of the study, therefore, is to investigate how traditional-bank customers' inertia influences digital-only bank resistance.Design/methodology/approachBased on a literature review, digital-only bank adoption barriers and cognitive-based initial distrusting beliefs were identified as mediators of the influence of inertia on digital-only bank resistance. To test the mediation model empirically, data was collected from 610 traditional-bank-only customers.FindingsThe five adoption barriers fully mediate the influence of inertia on cognitive-based initial distrusting beliefs. The five barriers in serial with cognitive-based initial distrusting beliefs partially mediate the influence of traditional-bank customers' inertia on digital-only bank resistance. Cognitive-based initial distrusting belief is an essential factor in the mechanism underlying the influence of traditional-bank customers' inertia on digital-only bank resistance.Originality/valueDigital-only banks are relatively new. Research is therefore lacking in consumer behavior explaining the use of digital-only banks by traditional-bank customers in the South African context. A further novelty of the study is the empirical assessment of mechanisms that explain the influence of inertia on cognitive-based initial distrusting beliefs, and the influence of inertia on resistance behavior.

The financing behaviour of firms and financial crisis

2014 ◽  
Vol 40 (12) ◽  
pp. 1159-1174 ◽  
Author(s):  
Albert Danso ◽  
Samuel Adomako
Keyword(s):  
South Africa ◽  
Financial Crisis ◽  
Capital Structure ◽  
South African ◽  
The South ◽  
Firm Level ◽  
2008 Financial Crisis ◽  
Content Type ◽  
African Context ◽  
The Capital Structure

Purpose – The purpose of this paper is to contribute to the capital structure literature by examining the determinants of capital structure from the context of South Africa and to provide evidence of the effects of the 2007/2008 global financial crisis on firm-level determinants of debt-equity choice. Design/methodology/approach – This paper begins by embarking on an extensive review of literature on extant empirical research on capital structure. The panel econometric technique is further adopted to examine firm-level determinants of capital structure and also the impact of 2007/2008 financial crisis. Findings – The findings of the paper suggest that theories of capital structure underpinning debt-equity choice of firms in developed economies are also applicable in the South African context. The authors also find a strong evidence of the effects of the financial crisis on the capital structure of firms in South Africa. Practical implications – This paper serves as springboard on which further research can be grounded and also highlights the interaction between the South African economy and the global economy. Originality/value – The paper provides a fresh evidence on the determinants of capital structure from the Sub-Saharan African context and to the authors’ knowledge, this is the first paper that examines the effects of the 2007/2008 financial crisis on capital structure of firms in South Africa.

South African corporate ethics codes: establishment and communication

2019 ◽  
Vol 31 (3) ◽  
pp. 379-396
Author(s):  
Mornay Roberts-Lombard ◽  
Mercy Mpinganjira ◽  
Greg Wood ◽  
Göran Svensson
Keyword(s):  
South Africa ◽  
South African ◽  
Corporate Culture ◽  
Code Of Ethics ◽  
Ethical Framework ◽  
Survey Method ◽  
Corporate Ethics ◽  
Content Type ◽  
African Context ◽  
The Government

Purpose The purpose of this study is on the top 500 companies in South Africa (as per the TopCo, 2014 list) that have a code of ethics, to see the current state of development in this area after 20 years of focus by the government and business on making corporate South Africa a more ethical environment, in which to conduct business. Design/methodology/approach A structured questionnaire survey method was used to gather the data and it was directed to the company secretaries of these top 500 companies. Findings Many companies in South Africa have a well-established set of protocols to enact the ethos of their code of ethics, indicating that they are becoming increasingly aware of the benefits to them of having a code. South African companies are, therefore, implementing both a code of ethics and strategies that contribute to creating an ethical corporate culture. Research limitations/implications This study provides an opportunity to further research assessing and comparing other companies in non-Western and emerging economies. Practical implications After 20 years of endeavours by business people and lawmakers to improve the ethical framework of South African business, there is still plenty of work to be done, as so many top companies do not appear to have a code of ethics. Originality/value There have been limited studies in the area of business ethics in South African companies. This study is the first of its kind in the South African context and establishes the current practice 20 years after the King I report.

Mandatory corporate social responsibility assurance practices

2015 ◽  
Vol 28 (4) ◽  
pp. 515-550 ◽  
Author(s):  
Barry Ackers ◽  
Neil Stuart Eccles
Keyword(s):  
South Africa ◽  
Corporate Social Responsibility ◽  
Social Responsibility ◽  
South African ◽  
Listed Companies ◽  
Annual Reports ◽  
Content Type ◽  
Mandatory Requirement ◽  
Corporate Social ◽  
The Impact

Purpose – Despite its voluntary nature, the Johannesburg stock exchange (JSE) requires all listed companies to apply the King III principles, including providing independent CSR assurance. King III has accordingly made independent CSR assurance a de facto mandatory requirement, albeit on an “apply or explain” basis. The purpose of this paper is to examine the impact mandatory corporate social responsibility (CSR) assurance practices in South Africa, within a King III context. Design/methodology/approach – To understand the impact of King III on South African CSR assurance practices, a longitudinal study covering reporting periods both before and after King III implementation. The first stage reviewed the annual reports of the 200 largest JSE-listed companies to establish the frequency of CSR assurance provision. The second stage involved performing a content analysis on the CSR assurance reports. Findings – King III is driving the institutionalisation of CSR assurance practices in South Africa, as evidenced by the growth in CSR assurance since the implementation of King III. The study also found that the audit profession’s dominance was being eroded by specialist CSR assurors providing higher levels of assurance, despite concerns about the rigour of their assurance methodologies. Voluntary CSR assurance practices have resulted in the inconsistent application of CSR assurance practices, impairing the ability of stakeholders to understand the nature and scope of CSR assurance engagements. It is argued that this deficiency may be overcome through the imposition of a mandatory CSR assurance regime. Originality/value – The pervasive impact of the King Code of Governance on South African organisations makes it appropriate to examine its impact on South African CSR assurance practices. As such, this paper represents one of the first studies to specifically consider the impact of a mandatory regulatory requirement for independent CSR assurance and suggests a future direction for global CSR assurance practices.

Implementation, monitoring and evaluation of sustainable business practices: framework and empirical illustration

2014 ◽  
Vol 14 (4) ◽  
pp. 515-530 ◽  
Author(s):  
Maria A.O. Dos Santos ◽  
Göran Svensson ◽  
Carmen Padin
Keyword(s):  
South Africa ◽  
Content Analysis ◽  
South African ◽  
Monitoring And Evaluation ◽  
Annual Reports ◽  
Business Practices ◽  
Sustainable Business ◽  
Content Type ◽  
Retail Chain ◽  
Strategic Approach

Purpose – This study aims to illustrate what and how a South African retail chain implements, monitors and evaluates its sustainable business practices using economic, ecological and social areas of indices. Design/methodology/approach – The study is based on the content analysis of public documents, such as sustainability and annual reports, of a retail chain. An assessment of sustainability and annual reports for 2008-2011 has been considered to examine how and what this retail chain implements, monitors and evaluates in its sustainable business practices. Findings – Woolworths has a sustainability programme in place that assures that the efforts of sustainable business practices are implemented, monitored and evaluated properly and that their targets for each area of indices are accomplished. Research limitations/implications – The content analysis shows that the areas of indices are important in the implementation, monitoring and evaluation of Woolworths’ spectrum of efforts in sustainability business practices. Practical implications – The study demonstrates practically how Woolworths South Africa implements, monitors and evaluates its sustainable business practices using various areas of indices which fall under the three pillars of sustainability, namely, economic, environmental and social. Originality/value – This research provides insight on what and how a retail chain in South Africa implements, monitors and evaluates its sustainable business practices over time. It also offers an insight into the strategic approach beyond the company’s judicial frontiers and into the supply chain. Furthermore, it shows how a company’s business network can be committed to change towards sustainable business practices.

Financial challenges experienced by South African non-profit organisations regarding CSR implementation

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Nobuntu Sibisi ◽  
Anoosha Makka
Keyword(s):  
South Africa ◽  
South African ◽  
Negative Impact ◽  
Successful Implementation ◽  
Structured Interviews ◽  
Donor Funding ◽  
Content Type ◽  
Non Profit ◽  
Financial Challenges ◽  
The Impact

Purpose The purpose of this paper is to understand the financial challenges experienced by non-profit organisations (NPOs) when implementing corporate social responsibility (CSR) initiatives in South Africa. These challenges have a negative impact on NPOs because they impede the successful implementation of CSR projects. Design/methodology/approach A qualitative research method and a purposive sampling strategy were used in this study. Semi-structured interviews were conducted with 13 employees from three NPOs in South Africa from the education, enterprise development and health and social development sectors. Content analysis was used to examine the data. Findings The findings revealed that NPOs in South Africa experience serious financial resource challenges, notably, overreliance on donor funding; difficulty in obtaining donor funding; limited donor funding available; intense competition from other non NPOs to secure donor funding; donors unwilling to fund operational costs and prescribing exactly how funds should be used; and donors signing non-binding contracts on the provision of funding. Research limitations/implications The sample size of the study was small, namely, three NPOs from Gauteng Province (Johannesburg) in South Africa. Therefore, this study covered only one geographic area of South Africa and the findings cannot be generalised across other provinces of the country. Practical implications The results of this study could have implications for donors and NPO employees involved in CSR activities in South Africa. Originality/value This study bridges a gap in literature by revealing the key financial challenges experienced by South African NPOs in implementing CSR initiatives and the impact of those challenges on their CSR efforts.

The Anti-corruption Institutions in South Africa: A Panacea to Governance Ills?

2018 ◽  
Vol 33 (2) ◽  
Author(s):  
Paulus Hlongwane
Keyword(s):  
South Africa ◽  
Service Delivery ◽  
South African ◽  
Negative Impact ◽  
Case Law ◽  
Annual Reports ◽  
Political Interference ◽  
Effectiveness And Efficiency ◽  
The Government

The purpose of this article is to assess the role played by the South African anti-corruption institutions in addressing corruption in government departments. The negative impact of corruption on the effectiveness and efficiency of the service delivery by government departments necessitates an examination of the role of the anti-corruption institutions. For the purposes of this article, a review of scholarly published articles, newspaper articles, case law and annual reports of the anti-corruption institutions in South Africa was undertaken. With regard to the anti-corruption institutions, it is has not yet been established whether they are operating free of political interference in South Africa. This article contends that the anti-corruption institutions should be sufficiently resourced and funded by the government to enable them to deal effectively with the corrupt activities that pervade government departments. Moreover, the anti-corruption institutions should be able to perform their functions without any political interference that could possibly influence their proper functioning negatively.

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