scholarly journals MIND THE GAP – INCREASING COMPLIANCE – BURDEN AND REGULATORY MISALIGNMENT

Obiter ◽  
2021 ◽  
Vol 32 (3) ◽  
Author(s):  
Vivienne Lawack-Davids

Since the dawn of the new constitutional supremacy, untold pieces of legislation have been promulgated. This led to an increase in legal and regulatory measures which increased the compliance burden, compliance risk and cost of businesses in South Africa, particularly in the financial sector. The objective of this note is to provide a snapshot of the increasing compliance burden on the financial sector between 1996 and 2011. It further highlights the incidence of misalignment among different pieces of legislationwith possible negative effects, using the Consumer Protection Act (68 of 2008) and the insurance industry as a case study. The author examines the generally accepted goals of good regulation and argues for an appropriate regulatory-assessment model that may alleviate the problem of misalignment and so prevent regulatory arbitrage.

Obiter ◽  
2019 ◽  
Vol 40 (3) ◽  
Author(s):  
Samantha Huneberg

Consumer protection has gained prominence in many different industries worldwide. In South Africa, the consumer protection trend was first identified in the promulgation of the National Credit Act and the Consumer Protection Act. Extending protection to the insurance industry has not been far behind. In recent years, South Africa has promulgated new legislative measures specifically aimed at the protection of consumers in relation to insurance contracts (policyholders). This trend is fast becoming a worldwide phenomenon with both Australia and New Zealand also recognising the importance of consumer protection measures in their insurance legislation. This article considers the position in South Africa, Australia and New Zealand with regard to consumer protection measures in insurance legislation within the non-life insurance sphere.


2021 ◽  
Vol 11 (3) ◽  
pp. 62
Author(s):  
Giuseppe Orlando ◽  
Edward Bace

The financial system in the Kingdom of Saudi Arabia (KSA) has a history of relative soundness, particularly in banking, due to comparatively strict and enforced domestic supervision, and supported by what has been for the most part a reasonably robust economy. However, the sector is facing challenges of a sluggish economy, need for reform and negative effects of the COVID-19 pandemic. This paper strives to assess how well the government thus far has responded to the challenges in the financial sector. The working hypothesis is that the insurance industry has improved its position, resulting in higher efficiency and profitability and lower risk. This is an industry historically plagued by too many players, financial issues and less than adequate controls. The analysis undertaken bears out the hypothesis, as revealed by the enhanced contribution made by the industry since the pandemic. Analysis suggests that strides have been made in that industry in terms of helping to diversify the economy with the onset of the pandemic. Moreover, evidence is provided that the sensitivity to changes in oil volumes (rather than to changes in oil prices) is a key risk factor for the financial sector in the KSA. These findings have implications for policy makers in terms of leveraging the pandemic conditions as an opportunity to drive further reform and diversify the economy with lower risk.


2018 ◽  
Vol 1 (2) ◽  
pp. 60-72
Author(s):  
Mansour Safran

This aims to review and analyze the Jordanian experiment in the developmental regional planning field within the decentralized managerial methods, which is considered one of the primary basic provisions for applying and success of this kind of planning. The study shoed that Jordan has passed important steps in the way for implanting the decentralized administration, but these steps are still not enough to established the effective and active regional planning. The study reveled that there are many problems facing the decentralized regional planning in Jordan, despite of the clear goals that this planning is trying to achieve. These problems have resulted from the existing relationship between the decentralized administration process’ dimensions from one side, and between its levels which ranged from weak to medium decentralization from the other side, In spite of the official trends aiming at applying more of the decentralized administrative policies, still high portion of these procedures are theoretical, did not yet find a way to reality. Because any progress or success at the level of applying the decentralized administrative policies doubtless means greater effectiveness and influence on the development regional planning in life of the residents in the kingdom’s different regions. So, it is important to go a head in applying more steps and decentralized administrative procedures, gradually and continuously to guarantee the control over any negative effects that might result from Appling this kind of systems.   © 2018 JASET, International Scholars and Researchers Association


Author(s):  
Melanie SARANTOU ◽  
Satu MIETTINEN

This paper addresses the fields of social and service design in development contexts, practice-based and constructive design research. A framework for social design for services will be explored through the survey of existing literature, specifically by drawing on eight doctoral theses that were produced by the World Design research group. The work of World Design researcher-designers was guided by a strong ethos of social and service design for development in marginalised communities. The paper also draws on a case study in Namibia and South Africa titled ‘My Dream World’. This case study presents a good example of how the social design for services framework functions in practice during experimentation and research in the field. The social design for services framework transfers the World Design group’s research results into practical action, providing a tool for the facilitation of design and research processes for sustainable development in marginal contexts.


2019 ◽  
Vol 29 (1) ◽  
Author(s):  
N G Mugovhani ◽  
Lebogang Lance Nawa

This article discusses and raises awareness about the socio-economic plight of indigenous musicians in South Africa. Through a qualitative case study of the Venda musician, Vho-Talelani Andries Ntshengedzeni Mamphodo, dubbed the “Father of mbila music,” the article highlights the fact that the welfare of Black South African artists, particularly indigenous musicians in South Africa, is generally a precarious affair. Their popularity, at the height of their careers, sometimes masks shocking details of exploitation, neglect, and the poverty they are subjected to, which are exposed only after they have died. Empirical data identifies this as a symptom of, among other things, cultural policy and arts management deficiencies in the promotion of indigenous music. The article aims to find ways to redress this unfortunate situation, which is partially a product of general apathy and scant regard that these artists have perennially been subjected to, even by their own governments, as well as some members of their societies. All these factors mentioned are compounded by ignorance on the part of South African artists. Part of the objective of this study was to establish whether the exposition of the Vhavenda musicians is a typical example of all Black South African indigenous musicians and, if this is the case, whether the suggested ways to redress this unfortunate situation could contribute to or play a role in alleviating the plight of such artists in the entire country.


2020 ◽  
Vol 8 (1) ◽  
Author(s):  
Sanction Madambi

The migration of Zimbabweans into South Africa is shaped by several factors and processes. Traditionally, the decision to migrate was mostly based on family considerations (where gender stereotypic roles were a priority), although in some cases the migrants exercised individualism and personal agency. This led to migration trends that were male dominated. Current Zimbabwean migration trends reflect large volumes of women as the socio-economic crisis forces them to leave their country. These migrant women encounter a myriad of challenges in their host countries. This paper explores Zimbabwean women’s migration to the town of Mthatha in South Africa, highlighting their challenges and the strategies they employ to overcome these, as found in a recent case study. Applying a qualitative research design and using questionnaires and interviews to gather data from the 100 purposively sampled women, the study found that many Zimbabwean migrant women in Mthatha encountered numerous challenges. They lacked the required documents to live and work in South Africa, experienced exploitation and marriage constraints, and had broken ties with their families back in Zimbabwe. According to the study, these women managed to navigate these challenges, rising above the stereotypic norms and values that used to label them as non-productive citizens to superheroes who were supporting their families and the country’s economy—thus breaking the shackles of gender stereotyping to create new norms. These findings underline the importance of shifting from the traditional approaches to women migration and pursuing perspectives that present migration as a critical component of the process of social change and development to all migrants.


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