scholarly journals Investigating the Need to Reintroduce a Ballot Requirement for a Protected Strike in South Africa

Obiter ◽  
2019 ◽  
Vol 40 (2) ◽  
Author(s):  
Mlungisi Tenza
Keyword(s):  
South Africa ◽  
The Other ◽  
Bill Of Rights ◽  
Labour Relations ◽  
Other Hand ◽  
Long Run ◽  
Meaningful Role ◽  
Counter Argument

The issue of violent and protracted strikes has been a source of debate on many labour platforms in South Africa. Unions believe that if a ballot is introduced as one of the requirements for a protected strike in South Africa, it will be abused by employers and manipulated as was the case under the old Labour Relations Act. A counter- argument is that no one can take away a right in the Bill of Rights unless the prescribed procedure in the Constitution is followed. A right in the Bill of Rights can also not be limited unless the limitation is in terms of section 36 of the Constitution. Of particular importance to this issue is not the number of strikes in South Africa but their nature (which has been violent) and their duration (which has been unreasonably long). The violent nature of strikes is a major concern for employers, society and non-striking employees. Violent and lengthy strikes are dangerous to both employers and employees. The employer suffers loss of profit and loss of clients with the possibility of reducing its workforce or closing its business. Employees, on the other hand, face retrenchments if the business is not making a profit. The article argues that the reintroduction of a ballot requirement will play a meaningful role in reducing the number of strikes and their duration. Balloting employees prior and during the course of a strike will help test whether employees have the appetite for the strike. The article further argues that if long strikes can be reduced through ballots, dismissal on the basis of operational requirements could be avoided. In the long run, poverty arising from high levels of unemployment could be avoided.

scholarly journals The Binding Effect of the Constitutive Documents of Companies: The 1973 and 2008 Companies Acts of South Africa

2017 ◽  
Vol 13 (1) ◽  
pp. 170
Author(s):  
Tebogo Morajane
Keyword(s):  
South Africa ◽  
The Other ◽  
Fiduciary Duties ◽  
Binding Effect ◽  
Other Hand ◽  
Legal Challenges ◽  
A Company

This contribution examines the provisions of the constitutive documents of companies under two specific provisions, namely s 65(2) of the Companies Act 61 of 1973 and s 15(6) of the Companies Act 71 of 2008.  The aim is to determine who is bound by these provisions, the circumstances which give rise to being bound by them, and the possible effect thereof on various parties. The provisions of the constitutive documents under section 65(2) of the 1973 Companies Act are interpreted by courts and academic writers to amount to a statutory contract between a company and its members and between members inter se. The members are said to be bound by the provisions of these documents only in their capacity as members. It is submitted, however, that the rights and obligations are granted to members in their capacity as such if they are membership rights which are granted by virtue on one’s membership. So far the courts have failed to provide a logical explanation of the concept “capacity of a member as such”. This failure and the “qua membership test” resulted in limitations in the interpretation of section 65(2): for example, the exclusion of persons who are regarded as outsiders. The directors, despite the fact that numerous provisions of the applicable article provides for their rights, have rights that are unenforceable via the articles, for being regarded as outsiders. The company on the other hand can enforce the obligations against the directors on the basis of breach of their fiduciary duties. These limitations called for a redraft of section 65(2).  This contribution raises the legal challenges raised by the above. It arrives inter alia at the conclusion that the “qua membership test” may find application under the 2008 Companies Act, since members/shareholders may be allowed to exercise rights that are membership rights granted to them by virtue of their membership, and directors may be allowed to exercise rights that are granted to them in their official capacities as such.

scholarly journals The impact of the credit legislation on consumers

2016 ◽  
Vol 6 (4) ◽  
pp. 503-509 ◽  
Author(s):  
Hlako Choma ◽  
Thifulufhelwi Cedric Tshidada ◽  
Tshegofatso Kgarabjang
Keyword(s):  
South Africa ◽  
South African ◽  
Consumer Protection ◽  
The Other ◽  
The South ◽  
Other Hand ◽  
Credit Agreement ◽  
Financial Obligation ◽  
The Impact ◽  
National Credit Act

The purpose of this paper is to examine two South Africa legislations dealing with over indebtedness of a consumer. It is clear that in terms of the South African law, section 129 (1) and 130 (3) of the National Credit Act provide that a creditor provider who wishes to enforce a debt under a credit agreement must first issue a section 129 (1) (a) notice to the consumer (the purpose of the notice is to notify the consumer of his/her arrears). On the other hand, the South African National Credit Act encourages the consumers to fulfil the financial obligations for which they are responsible. The second legislation to be examined which serve or appear to serve same purpose as the National Credit Act is the Insolvency Act. It therefore, postulated that the compulsory sequestration of a consumer in terms of the Insolvency Act would stand as an alternative remedy for a credit provider before she/he can have recourse mechanisms, such as debt review that are focused on satisfaction of the consumer’s financial obligation , in terms of the provisions of the National Credit Act. The paper determines to what extend these measures comply with the constitutional consumer protection demands. The legislature had been pertinently cognizant of the Insolvency Act when it lately enacted the National Credit Act. This is much apparent from the express amendment of section 84 of the Insolvency Act to the extent set out in schedule 2 of the National Credit Act

scholarly journals Empirical Evidence on Korea’s Import Demand Behavior Revisited

2015 ◽  
Vol 7 (2) ◽  
pp. 11 ◽  
Author(s):  
Jungho Baek
Keyword(s):  
Empirical Evidence ◽  
Import Demand ◽  
The Other ◽  
Distributed Lag ◽  
Other Hand ◽  
Long Run ◽  
Ardl Approach ◽  
Short Run ◽  
Econometric Technique

<p>This paper attempts to re-examine Korea’s import demand behavior with an enhanced<br />econometric technique and an up-to-date dataset. To achieve the goal, an autogressive<br />distributed lag (ARDL) approach is adopted. Our results show the existence of the long-run<br />relationship between Korea’s imports and its major determinants such as income and price. It<br />is also found that income plays an important role in influencing Korea’s imports in both the<br />short- and long-run. On the other hand, price is found to have a significant impact on Korea’s<br />imports only in the short-run.</p>

Aspects of Islam in Nineteenth-Century South Africa

1940 ◽  
Vol 10 (1) ◽  
pp. 213-221
Author(s):  
S. A. Rochlin
Keyword(s):  
South Africa ◽  
Nineteenth Century ◽  
Mother Tongue ◽  
The Other ◽  
Cape Of Good Hope ◽  
Other Hand ◽  
Teaching Religion ◽  
Holy City

Writing about life in Mecca in 1884–5 Professor C. Snouck Hurgronje made this observation: ”A class of Jâwah who dwell outside the geographical boundaries but who in late years have made regular pilgrimages to Mekka are people from the Cape of Good Hope. They are derived from Malays, formerly brought to the Cape by the Dutch, with a small mixture of Dutch blood. Some words of their Malay speech have passed into the strange, clipped Dutch dialect of the Boers. On the other hand they have exchanged their mother tongue for Cape Dutch, of course retaining many Malay expressions. Taking into consideration the genuinely Dutch names of many of these Ahl Kâf (as they are called in Mekka) one is tempted to believe that degenerated Dutch have been drawn by them into their religion, and many types among them increase the probability of this suggestion. Separated from intercourse with other Moslims they would scarcely have had the moral strength to hold their religion had not eager co-religionists come to them from abroad. When and whence these came is not known to me; however this may be, the mosques in Cape Colony have been more fervently supported in the last twenty years than ever before, more trouble is taken in teaching religion and every year some of the Ahl Kâf fare on pilgrimage to the Holy City.“

scholarly journals Is Socially Responsible Indices Weak Form of Efficient Market? Evidences from Developing Economies

2020 ◽  
Vol 16 (2) ◽  
pp. 55
Author(s):  
Sabyasachi Mondal ◽  
Ranjit Singh
Keyword(s):  
South Africa ◽  
Developing Economies ◽  
Weak Form ◽  
The Other ◽  
Socially Responsible ◽  
Long Run ◽  
Augmented Dickey Fuller ◽  
Short Run ◽  
Test Of Randomness ◽  
Daily Returns

The study is an attempt to identify the presence of randomness in the socially responsible indices (SRI) of the stock markets of developing countries. Five developing economies are considered for the test of randomness on daily, weekly, monthly, quarterly and semiannual return of socially responsible indices and their benchmark indices. Shapiro-Wilk test is used to test the normality of the data whereas Runs test and Augmented Dickey-Fuller test are used depending on the randomness of the data. It is observed that India, Arab and Egypt show non-randomness whereas Brazil and South Africa show randomness in daily returns. Weekly returns on the other hand are random in Brazil, Arab, South Africa, and non-random in India and Egypt. Monthly and quarterly returns show randomness in India, Arab, Egypt, South Africa and non-randomness in Brazil whereas semiannual returns show randomness for all economies. It is also observed that most socially responsible indices resonate the randomness patterns of their benchmark indices. Most of the non-randomness is seen in short-run indicating inefficiency in the market. However, in long-run, the market goes random or efficient which is an indication that more than average profit can be earned by resorting to technical trading in the short run. Moreover, the similarity in randomness between socially responsible indices and their benchmark indices indicates that similar trading strategy can be applied by traders in both these indices to garner profit.

scholarly journals Conflict between Individual and Society : A Brief Review of Victims and Survivors in Anita Desai's Fiction

2019 ◽  
pp. 738-743
Author(s):  
Dr. Pinky
Keyword(s):  
The Other ◽  
Anita Desai ◽  
Other Hand ◽  
Long Run ◽  
Set Up ◽  
Almost All ◽  
Social Affairs

Anita Desai's novels catch the shattered psyche of the individuals who are striving for defining themselves in the form of identity in the familial and social set-up but it is hard to say that all the characters are strong enough to survive after dealing with the cruelties of life. Apart from a few, they become the victims of their personal and social affairs of life. It may be observed that almost all the protagonists of Anita Desai are sensitive or hypersensitive that makes them victims. On the other hand, some characters try hard to cope with the abnormalities of life but in the long run they also surrender yet they are able to survive. Through a brief study of the selected novels of Anita Desai, this paper will try to examine who are the victims and who are the survivors?

scholarly journals A comparative analysis of returns of various financial asset classes in South Africa: a triumph of bonds?

2019 ◽  
Vol 18 (3) ◽  
pp. 175-195
Author(s):  
R Vivian ◽  
C Auret
Keyword(s):  
South Africa ◽  
Comparative Analysis ◽  
Focal Point ◽  
Risk Measures ◽  
Sharpe Ratio ◽  
The Other ◽  
Financial Asset ◽  
Long Run ◽  
Popular View ◽  
Asset Classes

There is a popular view that equities always outperform other financial asset classes; especially bonds. This study investigates the performance of three common asset classes to determine whether or not this view is validated in South Africa. Conceptually, the popular view is irrational. If one class consistently and materially outperforms other asset classes, in the absence of other reasons, the other asset classes would disappear. Accordingly, rationally, in the long run and on a risk-adjusted basis, returns on all asset classes should conceptually more or less converge. The results from this study, which concentrates on equities, bonds and cash, show that in South Africa, even before adjusting for risk, there was no material difference between the returns of equities over long bonds over the 27-year period covered by this study (1986–2013). This is equally true for other shorter fixed periods with the end-date (28 February 2013) being the focal point. It is even more evident that bonds outperform equities when a system of rolling periods is used. On a nominal basis (before adjusting for risk), over any randomly selected rolling period, bonds outperform equities in six of the seven categories. This study does not take tax into consideration. After adjusting for risk using the Sharpe ratio or other risk measures, bonds outperformed equities.

Nationalist representations of the Mughal state: The views of Tilak and Gandhi

2019 ◽  
Vol 6 (1) ◽  
pp. 52-62
Author(s):  
Farhat Hasan
Keyword(s):  
South Africa ◽  
The Other ◽  
Colonial Power ◽  
Mughal Empire ◽  
Other Hand ◽  
National Hero ◽  
Jawaharlal Nehru

The Mughal Empire as the major polity in India preceding the colonial regime was seen by British historians as a Muslim regime, imposed over a Hindu majority, and this fitted into their picture of two irreconcilable religious camps, existing within India, whose mutual conflict was kept at bay only because of the intervention of the colonial power. Tilak accepted this picture and saw Shivaji as the leader of Hindu resistance against foreign, Muslim domination. His early views were, however, modified in later years when he realised that overtures should be made to Muslims in order to strengthen the national struggle. The tag of ‘foreign’ was removed from the Mughals. It was argued that because Akbar’s successors no longer followed his enlightened policy, Shivaji rose against the Mughals and so must be treated as a national hero. On the other hand, Gandhi from his South Africa days was not prepared to denounce Muslim rulers, including the Mughals, as foreigners or as evil. While not prepared to concede to any religion’s superiority over another, he was critical of what he thought to be Akbar’s attempt to unite all religions into one. On the other hand, he praised Mughal rulers for their tolerance and even defended Aurangzeb though on the basis only of what Mohammad Ali, for long his political associate, told him! Unlike Jawaharlal Nehru, Gandhi did not explicitly extol composite culture possibly because while he wished that all religions tolerate each other, he did not want them to get mixed up.

Kurzstudien als Selbsteliminierung / Will shortened curricula lead to self-elimination?

1975 ◽  
Vol 4 (1) ◽  
Author(s):  
Otto Nigsch
Keyword(s):  
Higher Education ◽  
The Other ◽  
Social Classes ◽  
Social Discrimination ◽  
Unequal Distribution ◽  
Other Hand ◽  
Long Run ◽  
University Training ◽  
Empirical Investigations

AbstractThe restriction of the number of enrolling students seems to be more and more becoming one of the conditions of efficiency in our universities. However, administrative restrictions turn into social discrimination towards the students concerned. Is there now a possibility to avoid this dilemma, by offering shortened curricula at universities?Empirical investigations seem to show that the projected shortened curricula would mainly be of interest for students coming from the lower social classes. On the other hand, students from the privileged classes would maintain their aspirations for full traditional university training. Therefore the implementation of shortened curricula would in the long run lead to a self-elimination of the less privileged and consequently to a stabilisation of the unequal distribution of the chances for higher education.

scholarly journals Rind Stippling on Valencia Oranges by Copper Fungicides Used for Control of Citrus Black Spot in South Africa

Plant Disease ◽  
1997 ◽  
Vol 81 (8) ◽  
pp. 851-854 ◽  
Author(s):  
G. C. Schutte ◽  
K. V. Beeton ◽  
J. M. Kotzé
Keyword(s):  
South Africa ◽  
Black Spot ◽  
The Other ◽  
Copper Oxychloride ◽  
Copper Fungicides ◽  
Citrus Black Spot ◽  
Other Hand ◽  
Wettable Powder ◽  
Cupric Hydroxide ◽  
Protection Period

Four copper sprays and copper mixtures with dithiocarbamates aggravated stippling of the fruit rind of Valencia oranges if sprayed in succession at registered rates during the recommended protection period from October to January for control of citrus black spot in South Africa. Copper stippling was more severe on treatments in which copper oxychloride was sprayed in succession, individually, or in combination with mancozeb or maneb/ZnO. On the other hand, less copper stippling was observed on treatments in which three mancozeb applications were altered with a single copper oxychloride as tank mixtures with or without mancozeb, which was sprayed during midsummer (December and January). Cupric hydroxide resulted in more general copper stippling lesions than any other copper oxychloride spray program. Four successive applications of the wettable powder copper oxychloride formulation resulted in more copper stippling when compared with the suspension concentrate formulation. Stippling was calculated to be more severe with late applications of copper fungicides during December and January. In another experiment, all contact fungicides tested were effective in controlling citrus black spot.

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