Thesis (M.B.A.)-Business Studies Unit, Durban University of Technology, 2007 iv, 116 leaves / The research assesses employee readiness at eThekwini Electricity to form part of the Regional Electricity Distributor, which had been legislated by Government. The premise of the study is to investigate, identify and understand key factors likely to promote or inhibit effective readiness to change. If these factors can be measured by the organisation, an evaluation of the difficulty of the change effort can then be used to plan accordingly. By assessing readiness for change in the organisation, Top Management will be in a position to identify gaps that may exist between their own expectations about the change effort and those of other organisational members.

In this paper, I have attempted to highlight the problems that face investors, both black and white, in South Africa, especially in the light of the effects of the new legislation promulgated after apartheid was abolished. The legislation with which I am most concerned, is the legislation which was promulgated to promote the entry of blacks into the South African economy. In chapter one, I deal with the concept of empowerment from the constitutional view point and the problem of its definition. I also discuss out the relevant new legislation that in my argument I believe impacts on corporate activity and then deal with the distinction between an "arrangement" within its ordinary meaning in corporate law distinct from that as defined in the in the Companies Act 61 of 1973. In chapter two, I deal with the dangers facing an individual investor, the benefits of incorporation, the problem of the existence of money revolving schemes, and the effects of a lack of education amongst previously disadvantaged investors. In chapter three, I deal with joint ventures, their benefits, the effect of the Competition Act 81 of 1998 on joint and potential areas of conflict between black and white partners. Certain aspects of fraudulent and negligent conduct of directors are examined. In Chapter four, I deal with the methods of executing mergers and acquisition in relation to empowerment companies, their advantages and disadvantages, certain procedures necessary for the protection of investors like due diligence inquiries, the protection offered by the present company legislation and the common law and criticisms of the courts to protect shareholders. I look at a case study and special considerations in mergers and acquisitions. In chapter five, I look at the problem of capital in empowerment companies, the various methods that have been used to raise capital, and the loopholes in the law that affect some of these arrangements. I have focused specifically on special purpose vehicles and buyouts. In chapter six, I deal with the impact of government action and government policy on empowerment and I have compared this with what has happened in other countries. I conclude by recommending that the Black Empowerment Commission should be given teeth to take corrective measure towards empowerment. / Thesis (LL.M.)-University of Natal, Durban, 2001.

Thesis (MPhil)--Stellenbosch University, 2005. / ENGLISH ABSTRACT: Despite the seriousness of HIV and AIDS affecting productivity at workplaces, little attention is being paid to the special needs of the infected people in the world of work and the ultimate reality this will have on the companies’ financial health. HIV/AIDS retards economic development and business growth. The epidemic influences the workforce and markets in which business operates. Business must play a leading part in the internal response to HIV/AIDS pandemic. This is both an ethical imperative and the key to business success. Most research conducted on the subject mainly concentrated on the effects of HIV and AIDS on productivity, emphasizing absenteeism as the direct cause of low productivity. The costs of HIV and AIDS will be felt beyond the direct effect of the disease. The indirect costs include the following: The increased costs of recruiting and training, given the extra deaths and disabilities expected. The negative effect on staff morale Loss of time as a result of management and labor meetings to discuss the AIDS crisis as it develops, this resulting in loss of turnover and profits. With the rising prevalence of HIV/AIDS, businesses should be increasingly concerned about the impact of the disease on their organizations-concerns that should be well founded. At the broadest level, businesses are dependent on the strength and vitality of the economies in which they operate. HIV/AIDS raises the costs of doing business, reduces productivity and lowers overall demand for goods and services. The research process in this article focused particularly on workplace issues, which are a key dimension of the relationship between corporations and HIV/AIDS. Data collection was by both structured questionnaires and unstructured interviews, interviews with both management and workers’ representatives and structured questionnaires with the general workforce. The questions asked were open-ended: “Is HIV/AIDS a problem for your company now or in the future?” and “If HIV/AIDS impacted on your company’ financial performance would you act and why?” The research group consisted of four companies in different areas of operations: retail, service and manufacturing and the participants were chosen on the basis of certain inclusive criteria: The number of employees employed. Length of service operation. Willingness to share certain financial information. A qualitative method of data analysis was used in the study and is described in detail. The qualitative research method looks at the subjective meanings attached, descriptions, metaphors, symbols and descriptions of specific cases. It was found that despite the differences from one company to the other, the potential impact of HIV/AIDS on companies’ financials went beyond the direct costs of productivity. As the debate over the availability of cheaper generic anti-retroviral drugs rages in the background, business is faced with the dilemma of significant investment to keep their labour force healthy and alive. This has to be weighed up against the high costs involved in rehiring, retraining and re-incentivising their replacements. / AFRIKAANSE OPSOMMING: Ten spyte van tekens dat MIV en VIGS produktiwiteit in die werkplek affekteer, word daar nog baie min te doen aan die behoeftes van die werkers wat deur die epidemie getref word. Verder, word min aandag geskenk aan die potensiële uitwerking van die epidemie op die finansiële gesondheid van maatskappye. MIV/VIGS vertraag ekonomiese ontwikkeling en besigheidsgroei. Die epidemie het ‘n negatiewe impak op die arbeidsmag en die market waarin besigheid plaasvind. Besigheid moet dus die leiding neem in die interne respons op die MIV/VIGS pandemie. Dit is eties belangrik en die sleutel tot die sukses van besigheid. Die meeste navorsing oor die onderwerp het tot dusver gekonsentreer op die effek van MIV en VIGS op produktiwiteit met die klem op afwesigheid as ‘n direkte oorsaak van lae produktiwiteit. Die koste van MIV en VIGS behels egter veel meer as net die direkte gevolge van die siekte. Die indirekte koste sluit die volgende in: Die koste verbonde aan opleiding en die soeke na nuwe personeel weens sterftes en siekte van personeel. Die negatiewe effek op die moraal van personeel. Verlore tyd as gevolg van bestuurs- en arbeidsvergaderings om die VIGS-krisis te bespreek namate dit ontwikkel en winste negatief beïnvloed. Besigheid behoort meer bekommerd te wees oor die toename in MIV/VIGS gevalle en die impak wat dit op organisasies sal hê. MIV/VIGS verhoog die kostes van besigheid doen, verminder produktiwiteit en verlaag die algemene vraag na goedere en dienste. Die navorsingsbenadering in die artikel fokus op daardie werkplek-aangeleenthede wat ‘n sleuteldimensie is van die verhouding tussen organisasies en MIV/VIGS. Data is ingewin deur middel van gestruktureerde vraelyste en ongestruktureerde onderhoude. Onderhoude is met beide bestuurslui en verteenwoordigers van werkers gevoer, en gestruktureerde vrae met die werkers. Die vrae gestel was oop vrae soos “Is MIV/VIGS `n problem vir u onderneming huidiglik of in die toekoms? En “Indien MIV/VIGS ‘n negatiewe impak het op die onderming se prestasie sal jy optree en waarom?” Die navorsingsgroep het bestaan uit vier ondernemings in die kleinhandels-, dienslewerings-, en vervaardigingssektor. Die deelnemers is gekies op die basis van inklusiwiteit met die volgende criteria: Die getal werkers in diens. Hoe lank is onderneming in besigheid? Die bereidwilligheid om inligting te deel. `n Kwalitatiewe metode van data analise is gebruik wat breedvoerig verduidelik en beskryf word. Die navorsingsmetode kyk veral na subjektiewe betekenisse, omskrywings, metafore, simbole en omskrywings van spesifieke gevalle. Navorsing het getoon dat MIV/VIGS ‘n impak het op ondernemings se finansiële omstandighede en produktiwiteit. Terwyl die debat oor goedkoper generiese anti-retrovirale middele aan die gang is, word ondernemings of besighede konfronteer met die keuse tussen beduidende investering om die arbeidsmag gesond en lewendig te hou of die hoë koste van herindiensneming, heropleiding en insentiewe.

The main objective of the thesis was to investigate the factors that determine capital structures of financial firms using two separate samples of banks and insurance companies. In the first instance, the results of the study showed that the financing behaviour of banks mirrors that of non-financial firms. It was also observed bank financing behaviour can be best explained by the pecking order theory. Risk and size variables were observed to be negatively related to the Tier 1 regulatory capital ratio, whereas the dividend variable was positively related. Similarly, risk and size were found to be negatively associated with buffer capital, while dividends were positively related. The 2007–2009 global financial crisis (GFC) was found to have negatively affected the financial structures of banks. Consistent with similar studies, it was observed that banks have a target capital structure, and adjust to this target at an adjustment speed of 44%. With regard to insurance companies, it was observed that the firm-level determinants of capital structure explain insurer leveraging. Unlike banks, the 2007–2009 GFC positively affected the capital structure of insurance companies. Similar to banks, results showed that insurers have target capital structures which they seek to achieve in their financing and adjust to such targets at a rate of 21%, which is lower than that of banks. The study contributes to the body of knowledge in four major ways. Firstly, it adds to the literature on the capital structure of financial firms, which area has not been extensively and conclusively studied. Using a different environment, it validates the ‘standard corporate finance view’ as has been observed in the few studies on financial firms. Secondly, it validates the ‘buffer view’ and ‘regulatory view’ of capital structures of financial firms that have taken prominence since the last GFC. Thirdly, the study recognises that banks and insurance companies are fundamentally different with regard to capital structure and regulation and therefore warranted separate treatment in studies. This is in contrast with recent studies that do not recognise the heterogeneity of the two types of firms. Fourthly, to the researcher’s knowledge this study is the first to examine the impact of business cycles/financial crises on the financing patterns of financial firms. Confirming the fundamental differences between banks and insurance companies, the study observed that financial crises have a negative impact on capital structures of banks (meaning that they deleverage during crises). In contrast, financial crises have a positive impact on capital structures of insurance companies (meaning, unlike banks, they leverage during crises). / Business Management / D. Phil. (Management Studies)

Industrial and Organisational Psychology / M.Com. (Bedryfsielkunde)

The object of this thesis is to investigate the application of international law in municipal law, and more specifically to focus on international human rights law. A determination of the sources of international human rights law constitutes the point of departure. Treaties are the primary source of international human rights law, followed by customary law. Recent authority indicates that the formation of customary human rights law differs from that of customary international law in general. There are, however, also international documents on human rights not falling within the scope of the traditional sources as embodied in section 38 of the Statute of the International Court of Justice. Non-binding sources of law, or soft law - most notably the Universal Declaration of Human Rights - are shown to play an important role in the formation of both treaties and custom and directly influence state practice. Theoretical explanations expounding the application of international law in the domestic law of states are examined, assessing their suitability for effective implementation of international human rights instruments. Since the application of international law in municipal law depends on, and is regulated by rules of domestic law, the relevant rules of legal systems which may, due to historical factors or regional proximity, impact on South Africa, are examined. State practice points to two primary methods of dealing with international law obligations in domestic law, namely transformation (associated with the dualist theory) or direct application (associated with the monist theory). The specific method of incorporation adopted by a state is often closely related to that state's constitutional system. The advantages and disadvantages associated with each particular method are related to the intricacies of individual legal systems. From an internationalist perspective the often misunderstood doctrine of direct application, has the advantage of making the intended protection afforded by human rights treaties to individuals directly enforceable by domestic courts with a minimum of state intervention. The position of international law in South Africa is assessed against this background. South Africa's constitutional history under British rule followed British law requiring legislative transformation of treaty obligations, but permitting customary law to be directly incorporated into common law. The position of international law became constitutionally regulated in South Africa with the introduction of a constitutional democracy. Drafting errors and practical difficulties experienced with the 1993 Constitution, were largely ironed out by the 1996 Constitution. The post-apartheid Constitutions introduced changes and new dimensions compared to the pre-1993 position of international law, including: the consideration of international law when interpreting the constitutionally protected human rights; the involvement of the legislature in the treaty-making process; and provisions for both transformation and direct application of treaties subject to the provisions of the Constitution. Customary international law is confirmed as forming part of South African law, and courts are obliged to interpret legislation in accordance with international law. An analysis of court decisions after 1993 reveals the following broad trends: (i) The impact of international law as part of South African law is still largely overlooked. (ii) The majority of references to international law by the courts are to international human rights agreements and decisions by international tribunals under section 39 of the Bill of Rights. (iii) The distinction between international law and comparable foreign case law, as directed by section 39, is often blurred. (iv) No distinction is made between international hard and soft law when deciding on human rights matters. (v) Courts have refrained from applying international human rights obligations which form part of South African law because they are self-executing or form part of customary international law. (vi) Binding international human rights obligations are only referred to for comparative purposes. (vii) The term "treaty" is interpreted in accordance with the definition of the Vienna Convention on the Law of Treaties. The intention to create legally binding obligations is therefore implicit. It has been the policy of the post-apartheid South African government to ratify or accede to the major international human rights agreements as swiftly as possible. The execution of this policy has, however, met with numerous problems. As a result, South Africa has to date not become party to the International Covenant on Economic Social and Cultural Rights. Many treaties to which South Africa is a party have not yet been incorporated into South African law and compulsory reports on the Convention on the Elimination of All Forms of Racial Discrimination, the Convention on the Elimination of Discrimination Against Women and the International Covenant on Civil and Political Rights are overdue. Despite the post-apartheid euphoria about the creation of a human rights culture in South Africa and the formal commitment by government to give effect to international human rights instruments, much remains to be done before South Africa can be regarded as formally complying with international human rights standards. / Law / LL. D. (Law)

In his 2012 Budget Review, the Minister of Finance, Pravin Gordhan acknowledged that the introduction of the "new" Companies Act had given rise to certain anomalies in relation to tax and subsequently announced that the South African government would undertake to review the nature of company mergers, acquisitions and other restructurings with the view of possibly amending the Income Tax Act and/or the "new" Companies Act, to bring the two legislations in line with one another. These anomalies give rise to the present research. The literature reviewed in the present research revealed and identified the inconsistencies that exist between the "new" Companies Act, 71 of 2008 and the Income Tax Act, 58 of 1962, specifically the inconsistencies that exist in respect of the newly introduced amalgamation or merger provisions as set out in the "new" Companies Act. Moreover, this research was undertaken to identify the potential tax implications insofar as they relate to amalgamation transactions and, in particular, the potential tax implications where such transactions, because of the anomalies, fall outside the ambit section 44 of the Income Tax Act, which would in normal circumstances provide for tax "rollover relief". In this regard, the present research identified the possible income tax, capital gains tax, value-added tax, transfer duty tax and securities transfer tax affected by an amalgamation transaction, on the assumption that the "rollover relief" in section 44 of the Income Tax Act does not apply.

South Africa has witnessed series of social unrest, many of which ended in violence by very poor communities who allege poor delivery of basic goods and services. The majority of South African citizens are poor and pervasive inequality exists between men and women and between black and white peoples of the country. The poverty alleviation strategies inequalities and the consequences of poverty amongst women in rural areas (Ozoemena, 2010). Cacadu District municipality has done a study analysis on poverty alleviation in 2009-2010 together with the Baviaans municipality to verify which areas was the most poorest in Baviaans municipality. The findings came as Vondeling and Riertbron which was the poorest area. The focus was on tourism side because Baviaans is the tourist area.Rietbron and Vondeling is part of Baviaans Arts and craft program that was previously funded by DEDEAT R500, 00 but only benefited after incorporated to Baviaans municipality as they were previously managed by Cacadu District Municipality before and the municipality decided to invest in this areas. The funding for DEDEAT was utilized for trainings, starting material and equipment’s and building of the Baviaanskoof Craft Shop for two projects which is Vondeling and Steytlerville and Rietbron did not benefit at that time. This study focuses on the income generating projects in Baviaans municipality with the view to describe the experiences of individuals who participate in these income generating projects. The objective of this study was to evaluate the contribution of income generating projects in addressing poverty alleviation. Steytlerville projects is using waste materials like old newspaper, raw material, broken cups to do jewellery .Vondeling and Rietbron project is an angel factory producing beaded wire angels by using materials locally produced merino wool, wire wool, beads and local products such as ostrich feathers .This study is based on a case study which gives a description of poverty and reflects an involvement process of beneficiaries or communities in an income generating project and how it is impacting on their livelihoods. Qualitative and quantitative methodology were used. According to Neuman (2000: 30), the quantitative data methods refer to the collection of data using numbers, counts and measures of things and qualitative research basically involves the use of words, pictures description and narratives”. Data was collected for interviews. In order to collect accurate information, an interview was conducted based on the author’s research questions. Research was conducted in different areas like Steytlerville, Vondeling and Rietbron. A questionnaire was used as a form of data collection for the three projects. These interviews were conducted formally in a focus group composed of the projects members. In Steytlerville they were 5 members, Vondeling 7 members and Rietbron10 members which make a sample of 22 members. These projects have two craft shop where they sell their product which is Willomore craft shop and Baviaanskloof craft shop. The craft shop has been established to create an outlet by which locally sustainably made craft can be displayed and sold. The craft shop has been developed in such a way that is a real life example of a green building and business .The craft shop is an example of how to be environmentally friendly and utilise nature in such a way that it is sustainable and does not destroy it. The research findings suggested that in certain instances, Baviaans Craft project has been successful in generating income for members. The market for these crafters is mainly tourists. From this research it came out clear that some of the project members were able to acquire skills which help them to find employment in well-established craft business. Despite the successful of Baviaans Craft project, the project members were somewhat constrained in managing and running the business. For example with response for special markets, they had to make use of external skills i.e. someone who made contacts with the export market and there after divide the profits amongst members. The project members were not adequately empowered in management skills.

Resource control as a form of community participation in the mineral economy has gained much recognition. One prevailing argument is that direct control of natural resources by local communities is an important precondition for equitable utilisation of the natural resource wealth, peaceful co-existence between mining corporations and indigenous communities, and congenial relations between local communities and the state. Studies have also shown that the absence of direct community control of mineral wealth remains a major factor in the communal resistance and socio-political conflict witnessed in the natural resource-endowed regions of countries such as Nigeria, Ecuador, Sierra Leone and the Democratic Republic of the Congo. However, little is known about mineral resource control at the community level. Does community control necessarily translate to equity? How does local involvement in the mobilisation of mining royalties benefit different segments of the community? Indeed, how do different segments of the community “control” the wealth? What is the specific model adopted to engender broad-based community participation in the utilisation of mineral wealth – and does it matter? These theoretical and practical questions were the impetus for undertaking this study in the Royal Bafokeng and Bakgatla Ba Kgafela – two platinum-rich ‘traditional’ communities in South Africa’s North West Province that have significant control over platinum resources in their territories. Utilising ethnographic data collected in the two study communities in 2008 and 2009, the thesis examines the character of community participation in platinum wealth utilisation; specifically, the conditions under which community participation promotes or hinders sustainable community development. The analysis uses a “three-dimensional participation ladder” conceptual scheme, based in part on Sherry Arnstein’s (1969) “ladder of citizen participation” and subsequent typologies of participation. Among the key findings of the thesis are that despite observed benefits, the interface of resource wealth and community development is fraught with tokenistic participation, elite-targeted grassroots anger, and local tensions – all linked to the contradictory nature of participation. The thesis further reveals that in some instances the challenge of platinum wealth-engendered community development tends to undermine existing customary and democratic spaces for participation, and that this is exacerbated by community-level issues such as poverty and inequality. The findings of the study compel a shift of analytical focus from conflict as an epiphenomenon of collective community exclusion and deprivation (as in the case of many natural-rich countries in Sub-Saharan Africa and elsewhere), to conflict as also resulting from collective community inclusion (in natural resource utilisation). At the policy level, the study generates insights that will, hopefully, assist mineral resource-endowed countries, such as South Africa, in dealing with the challenge of developing appropriate policy frameworks for regulating business and social partnerships between local communities and mining corporations, and within resource-rich communities themselves.

LLM / Department of Mercantile Law / For a considerable period of time the primary goal of corporations was seen as being to increase the wealth of the investors (shareholders). Priority was given to shareholders’ profit maximisation at the very expense of stakeholders` interests in corporate governance. Stakeholders` interests were seen to be falling outside the range of the needs and objectives of the corporate world. However, in contemporary times, schools of thought have emerged which proposed that the corporations should not solely focus on maximising profit for the benefit of shareholders but should consider the interests of stakeholders in the management of their affairs. This issue has attracted enormous debate and arguments have been brought forward to support the view that those in management positions should consider stakeholders` interests in the corporate governance. However, there is no unanimity among scholars on what should be the right approach. It is against this backdrop that the study therefore assesses how companies are practically run in order to determine whether the interests of stakeholders are considered in corporate governance as much as they should. This dissertation explores, through doctrinal and empirical methods, the conflicting theories and existing debates on corporate governance and to show that it is for the good of the company as an entity that there be equal recognition and treatment of the two groups of the competing interests in corporate operations. The research employed the doctrinal research approach in order to evaluate the positions advocated by the different schools of thought as well as to give a comparative analysis of the position of the law in cognate jurisdictions on this matter. The empirical research approach, through questionnaires, was used to collect qualitative data from different stakeholders of different categories of chosen companies in order to ascertain from the perspective and actual experiences of stakeholders the extent to which companies consider the interests of stakeholders. The research established that, in the main, companies do not consider the interests of stakeholders and in cases where they do, the interests of shareholders are still dominant to those of stakeholders. Recommendations are made from inferences drawn from the study on how to guarantee an enhanced protection of the stakeholders’ interests in the corporate scheme. / NRF