Challenges and possible solutions concerning the inspection/investigation dichotomy in the context of transnational organised fisheries crime: A South African perspective
چالش ها و راه حل های احتمالی مربوط به دوگانگی بازرسی / تحقیق در زمینه جرم سازمان یافته شیلات بین المللی: دیدگاه آفریقای جنوبی-2019
This contribution aims to address transnational organised fisheries crime more effectively by addressing the fact that a number of prosecutions are unsuccessful as a result of non-compliance with constitutional imperatives originating from a failure to properly grasp the inspection/investigation dichotomy. The paper provides a short background to the intricacies of transnational organised fisheries crime with emphasis on their implications for investigations and prosecutions. In the context of South Africa, it discusses the powers of fishery control officers (FCOs) in terms the Marine Living Resources Act, 1998 (MLRA),2 before turning to relevant case law. This discussion provides the background for a discussion on the correct exercise of the powers of FCOs and the impact of failures to correctly exercise legal powers. The final part of the essay looks at possible solutions to the challenges created by the dichotomy by proposing that a number of factors be considered to determine whether an inspection is in fact an investigation, or has evolved into one. It will also propose amendments to the legislation to remove the existing ambiguities and to increase the number of successful prosecutions by reducing fatal ‘legal technicalities’.
Keywords: Fisheries crime | Inspection | Investigation | South Africa
Fisheries crime, human rights and small-scale fisheries in South Africa: A case of bigger fish to fry
جرم ماهیگیری ، حقوق بشر و ماهیگیری در مقیاس کوچک در آفریقای جنوبی: مورد ماهی بزرگتر برای سرخ کردن-2019
Marine fisheries plays an important role in ensuring food security and providing livelihoods in South Africa, as in many other developing coastal States. Transnational fisheries crime seriously undermines these goals. Drawing on empirical research this contribution highlights the complexity of law enforcement at the interface between low-level poaching and organised crime in the small-scale fisheries sector with reference to a South African case study. Specifically, this article examines the relationship between a fisheries-crime law enforcement approach and the envisaged management approach of the South African Small-Scale Fisheries Policy
Keywords: Fisheries crime | South Africa | Small-scale fisheries policy | Human rights
Ethical loneliness and the development of a victim-focused approach to rape cases in South Africa
تنهایی اخلاقی و توسعه رویکرد متمرکز بر قربانیان در مورد پرونده های تجاوز جنسی در آفریقای جنوبی-2019
In this article, I focus on the rape trial of the former South African president, Jacob Gedleyihlekisa Zuma. I have chosen this specific case as it was extensively documented, both in the media and academically, with the main focus being on how the court had relied on gender-stereotyping in coming to its conclusion that the accused was not guilty as well as the degrading onslaught the victim experienced by communities around her. I look at the courts reliance on evidence of previous sexual history in finding that the complainant (Khwezi) was, in fact, an unreliable witness. I endeavour to show how the reliance of the court on rape stereotypes can be humiliating, degrading and one of the causes of secondary victimisation. I argue that Khwezis harmful experience of the criminal justice system is common to many victims in rape cases. I then proceed to argue that the experience of Khwezi (and many other rape survivors) can be described as what Stauffer calls, ‘ethical loneliness’. As one outlet for this loneliness, I suggest the development of the South African criminal law, which can be applied to criminal law universally, to shift the focus of rape trials from being accused-focused to victim-focused. Through this process, I argue, that law can begin to influence change in the reluctance of society to hear the story of rape survivors and help to create a safe space in communities for survivors to be heard.
Keywords: Rape | Secondary-victimisation | Criminal law | Criminal trials | Victim-focused | Silencing | Evidence
Entrepreneurship education, curriculum and lecturer-competency as antecedents of student entrepreneurial intention
آموزش کارآفرینی ، برنامه درسی و استاد-شایستگی به عنوان مقدمات قصد کارآفرینی دانشجویی-2019
The high unemployment rate that has become characteristic of the South African economy has generated some spinoffs that bode undesirable consequences, not only for economic development but also for sane social-cultural coexistence of the people. Recourse to entrepreneurship rather than clinging on to an endless hope for formal employment has been touted as a possible antidote for confronting the situation. However, a prerequisite to self-employment is entrepreneurial intention. This study therefore explores factors that may influence student entrepreneurial intention. The study is based on quantitative data collected in a cross-sectional manner, from students at a South African university. Empirical results suggest that the respondent group strongly accede to the usefulness of entrepreneurship education for economic development which reveals that they are well-versed with the role and gains of entrepreneurship at a macro level. The study also found that perceived competency of the lecturing team demonstrates a moderate and positive correlation with student entrepreneurial intention. The implication of this is that institutions offering entrepreneurship programmes must saddle the responsibility to ensure that persons used to deliver the courses are not only highly competent but can kindle the entrepreneurial intention flame in students.
Keywords: Entrepreneurship education | Entrepreneurial intention | Academic curriculum | Competence of lecturing team | South Africa
Internal capital market practices of multinational banks evidence from south africa
اقدامات بانکهای چند ملیتی در بازار سرمایه ای داخلی: شواهدی از آفریقای جنوبی-2018
This paper examines how internal capital flows inside multinational banks create global financial interconnections, relying on a novel database on foreign banks operating in South Africa. Using the event of the East Asian crisis, I find that foreign affiliates’ balance sheet face “reversal of fortune” when other members of their banking group need large amounts of internal capital to cushion capital losses, leading to an abrupt reallocation of internal capital across countries. At the same time, an increase of the volume of internal funding received is shown to cause an expansion of credit to the local private sector.
keywords: Internal capital markets |Multinational banks |Crisis transmission |Credit supply
The evidence for the bushmeat crisis in African savannas: A systematic quantitative literature review
شواهد برای بحران زاد و ولد در آفریقای جنوبی: یک بررسی ادبی کمیتی سیستماتیک-2018
Bushmeat hunting, trade and consumption is a growing biodiversity and food security concern. Much of the collated research is currently limited to forested regions however, despite indications of the increasing threat in savannas. Savanna regions are biodiverse and often have high-value wildlife tourism industries, but also have rapidly-growing rural populations, often highly dependent on natural resources. In this systematic quantitative literature review we seek to understand the state of knowledge about bushmeat in savanna regions in Africa. We aim to identify gaps in the literature, both spatially and topically, understand what methodologies are used, what common recommendations are made and what interventions have been quantified. We identified 144 relevant studies from the literature. Although studies have increased over time and diversified thematically, there were strong biases. Most studies were conducted in Tanzania, with gaps in research in southern Africa and the Sahelian region. Additionally, only 25% of papers investigated interventions used to reduce bushmeat hunting, with traditional enforcement being the most common intervention studied (53% of intervention studies, 13% of papers). Other frequently recommended interventions such as alternative incomes received little attention (14% of intervention studies, 3.5% of papers). Further, although many studies cite common drivers of bushmeat hunting such as income or livestock, the evidence for these drivers was lacking and contradictory. We reveal that although bushmeat in savanna regions is gaining recognition, many gaps in knowledge remain. This is the first study to systematically quantify the research about bushmeat in African savannas and aims to inform future research.
Keywords: Systematic review ، Bushmeat ، Africa ، Savanna ، Hunting ، Poaching
E-government adoption in sub-Saharan Africa
پذیرش دولت الکترونیک در آفریقای صحرایی-2018
Over the past decade, there has been increased interest in understanding the underlying factors that influence the adoption of e-government services using a variety of technology acceptance models. One such model is the unified model of electronic government adoption (UMEGA), which has been validated as outperformed other models. The present study empirically tested UMEGA and an extended version of it using data from 282 respondents in a sub-Saharan African country, South Africa. The findings show that except for the association of effort expectancy with attitude, all other hypothesized associations of UMEGA were supported. Also, the extended version of the model performed better than the original version, with the total variance explained for attitudes modestly increasing and that for behavioral intention modestly improving also. We observed that performance expectancy, social influence, perceived risk and computer self-efficacy significantly influenced attitudes, while attitudes, facilitating conditions, trust of government and trust of the Internet had a direct significant influence on behavioral intention. For researchers, this study indicates the need to adequately refine e-government adoption models for use in different context. These findings from South Africa also provide an understanding of factors that the South African government can consider when developing strategies for improving the adoption of e-government services.
keywords: Adoption |E-government |Modified UMEGA |Sub-Saharan Africa |South Africa |Survey methods |Unified model of electronic government adoption (UMEGA)
Cost and profit efficiency of listed South African banks pre and post the financial crisis
هزینه و سود بازده بانک های ذکر شده در آفریقای جنوبی قبل از آن و پس از بحران مالی-2018
The 2008 financial crisis and the regulations that followed after the crisis have seen an increase in the safeguards to the financial system, adding additional costs to the banking sector. This has significantly impacted on the banking industry. This study investigates the change in cost and profit efficiency in the period before, during and after the financial crisis (2004–2013) in South Africa for banks listed on the Johannesburg Stock Exchange (JSE). It further seeks to explain the relationship between the cost to income ratio (CIR) and the return on average assets (ROAA), as well as in relation to business cycles. The study further seeks to understand how ownership relates to market share, CIR and ROA. The results indicate that there has been no significant statistical significant change in CIR in the period before, during and after the financial crisis. A different result is observed for profit efficiency as measured by ROAA as a significant statistical change is observed over the three periods. Furthermore, it was found that CIR is a better determiner of company performance as measured by total assets. It was also established that a strong relationship existed between ROAA and business cycles rather than CIR and business cycles. The ownership structure was found not to have a significant relationship with the bank’s performance.
Keywords: Cost to income ratio (CIR) ، Return on average assets (ROAA) ، Financial crisis ، Composite ownership index ، Market share
FDI technology spillovers in the mining industry: Lessons from South Africas mining sector
خروجی های تکنولوژی FDI در صنعت معدن: درس های بخش معدن آفریقای جنوبی-2018
Resource-rich countries are increasingly aiming to benefit from technology and knowledge spillovers in their extractive industries. In order to enhance knowledge spillovers, host country governments require natural re sources companies to hire and train local workers, to engage in supplier development programs, and to be active in cooperative research agreements with local partners. Based on the South African innovation survey, this paper shows that companies active in the natural resources sector will more likely introduce product or process in novations if they engage in cooperative research agreements with foreign customers or suppliers. Furthermore, compared to mining companies and downstream firms, mining suppliers are more likely to introduce product innovations that are new to the market. Furthermore, the absorptive capacity of firms, proxied by a firms own investment in R&D is an important determinant of both product and process innovations by firms in the mining sector. Finally, firms with more skilled workers will more likely introduce new or significantly improved ser vices.
Keywords: Foreign direct investment ،Extractive industries ، Multinational enterprises ، Technology transfer ، Spillovers ، Mining R&D
Institutional gaps and challenges in artisanal and small-scale mining in South Africa
شکاف و چالش های سازمانی صنایع دستی در مقیاس کوچک معدن در آفریقای جنوبی-2018
While South Africa is respected in the mining fraternity for its seemingly prosperous large-scale mining industry; its artisanal and small-scale mining (ASM) sector is characterised by informal and illegal activities with limited prospects for growth and contribution to socio-economic development. This paper examines through literature review, the institutional frameworks e.g. policy, legislation and programmes put in place to facilitate the de velopment of the ASM sector in order to identify the gaps and challenges in the ASM sector. The recognition of the ASM sector in 1994 came with a series of frameworks aimed at supporting the development of the sector. This paper finds that while the main legislative framework broadly supports a transformation agenda as it pertains to ASM (e.g. increasing the participation of disadvantaged South Africans) there is considerable criti cism on the requirements of the framework which are argued to have hindered the development of the sector. In line with the current wave of discussions on policy and legislation reforms in the mining and minerals sector in Africa; it is recommended that South Africa as a signatory to the African Mining Vision (AMV), should consider the domestication of the AMV which would result in the development of appropriate support frameworks for the ASM sector to enable it to contribute to the South African economy.
Keywords: Artisanal and small-scale mining (ASM) ، Zama-zama mining ، Institutional frameworks ، Socio-economic transformation ، South Africa