“Justice delayed is justice denied”

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 Findings – Results of the study suggest that some criminal cases were withdrawn due to missing dockets or cases not properly registered.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.

2002 ◽  
Vol 1 (4) ◽  
pp. 367-384
Author(s):  
GABEBA BADEROON

ABSTRACT In this essay the author analyzes a series of South African newspaper articles on a Cape Town-based group called Pagad (People against Gangsterism and Drugs). The essay draws upon a larger study of the images of Islam in the South African media and reveals that both the Pagad and the media make use of regressive discourses about Islam. The author finds traces in the media of what Edward Said has referred to as Orientalism. Through the Pagad stories, Muslims in South Africa are treated by the media with an extremely constricted vocabulary which gives little of the suppleness needed to distinguish between Muslims, and the violence enacted in the name of Islam. The answer to the problem of stereotypical and racist representations in the media lies for Baderoon in people reading critically, insisting on complexity, claiming the right to ethical journalistic practices, establishing media with varied ownership, providing alternative visions, and inserting repressed histories into the media.


2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Nkholedzeni Sidney Netshakhuma

Purpose This paper aims to assess how the South African National Standard (SANS) 15489 improves the importance and usability of the archives at the University of Venda (UNIVEN) and the University of Witwatersrand (WITS). Design/methodology/approach Both quantitative and qualitative methods are used to assess how the standards improve the importance and usability of the archives. A total of 34 participants were selected to participate in the study; the choice of the population was because they are responsible for records management decisions in various divisions, departments and units. Data was obtained through structured interviews and observation. The study has established that there was much dissonance concerning records and archives management standards. Ethics approval was obtained from both the WITS and the UNIVEN research department. Informed consent was obtained from university staff members. Findings The research found that only the WITS adopted SANS 15489. This was shown by the availability of a classification system (file plan) and retention schedule while the UNIVEN did not value SANS 15489 standards to manage all records created. Research limitations/implications Although South Africa has 26 public universities, this study is only confined to the UNIVEN and the WITS. The researcher only focusses on the classification of records and disposal of records elements of SANS 15489. Practical implications The findings have practical implications in that they can be used for assessing the archives and records management programmes. Other related universities can also use the findings as a reference point in the planning of university archives and records management programmes. Social implications The findings were to assist the university authorities as decision and policymakers to ensure that records and archives management practices adhere to SANS 15489. Originality/value Few studies related to the assessment of records management programme in universities in South Africa is not yet fully conducted in South Africa public universities. This study could be a valuable input for universities to adopt SANS 15489 standards to develop and implement records management programmes.


2021 ◽  
Vol 54 ◽  
pp. 43-54
Author(s):  
Mahlatse Shekgola ◽  
Jan Maluleka ◽  
Antonio Rodrigues

The South African cabinet adopted policy recommendations from the Government Information Technology Officer's Council pertaining to Free and Open-Source Software (FOSS). Even though the South African Cabinet has shown support for the use of FOSS through the enactment of a policy, the adoption of open source software in electronic records management seems to be slow. Proprietary software continues to be adopted and used by most public institutions, including local and provincial municipalities in South Africa. Therefore, this study aimed to investigate factors that may influence the adoption and use of FOSS for electronic records management by South African municipalities. The study adopted a qualitative research approach to collect data from 10 purposively selected municipalities in Gauteng. Data were analysed and presented thematically to address the research question. The findings of this study suggest that municipalities in Gauteng are not adopting FOSS for electronic records management as expected. This study established that top management support, reliability, affordability of the software, inadequate capability, contracts with proprietary software providers, organisational culture and organisational support are some of the factors that contributed to the low uptake when it comes to the adoption of Free and Open-Source Software by the municipalities.


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.


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.


2016 ◽  
Vol 14 (2) ◽  
pp. 143-154
Author(s):  
Mary-Anne Piasecki ◽  
Piet Croucamp

The South African private news media industry represents a substantial portion of the overall media industry and the most successful in terms of profit acquired. It is critical however to assess the shareholders and private ownership of the news media industry in order to determine the likely success of investment in this industry. However, additional risk factors need to be considered along with the shareholders and ownership; macro factors such as, legislation and economic stability as well as micro factors such as the restructuring of ownership and transparency within the industry. It is also fundamental that the news media industry of South Africa is assessed through the lens of its historical landscape and transformation and its Fourth Estate responsibilities. Through this assessment it is possible to conclude three likely outcomes of investment in the news media industry. These outcomes are based on the measured growth and current stability of the industry and the South African economy. The most concerning risk for investment is the continued economic downturn of the South African economy and its effect on restructuring of media ownership and a declining profit. This can be coupled with the risk of legislative turnover and executive overreach within the news media industry


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.


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