Dissertation (LLM)--University of Pretoria, 2014 / gm2015 / Centre for Human Rights / LLM / Unrestricted

Small and medium sized enterprises (SMEs) are recognised across the world as having the ability to drive the economy and greatly contribute towards its growth, more so in emerging economies. However, the growth and performance of firms has further been directly linked to the critical development and investment towards its human capital. Even though there is a known importance of human capital development for business growth and competence, little is known about how much SMEs themselves attribute it to the success of their own firm’s performance. As such, this study responds to this gap by exploring the perceptions that SMEs hold regarding human capital as a concept and its developmental role in their business success. Establishing which component of human capital is perceived to be important in the founding of the businesses, during its emergent years and for future growth will enable SMEs to better understand the key human capital components and features to harness at the different stages of their business and in the pursuit for competitive advantage. The study will better equip policy makers in their development of interventions they embark on to promote SME competitiveness. The study followed a qualitative research methodology which used in-depth one-on-one interviews with participants in the petroleum industry of South Africa. The study focused on one segment of the petroleum value chain, while still using several subgroups for data triangulation. The results of the study indicated that SMEs perceive knowledge as the most important factor of human capital and rely on it in the founding of their businesses. The study further revealed that SMEs rely predominantly on intangible resources to gain competitive advantage, but are negative affected by institutional constraints to effectively compete. The study generated a framework that can be used by both SMEs and policy makers to enable the development of human capital and promote SME competitiveness. / Mini Dissertation (MBA)--University of Pretoria, 2021. / Gordon Institute of Business Science (GIBS) / MBA / Unrestricted

This research critically investigates the adoption and implementation of transfer pricing regulations in Nigeria with a particular emphasis on the petroleum sector. It opportunely chose Nigeria as a case study of transfer pricing issues in developing countries as Nigeria was devising and implementing its own transfer pricing regulation. In early 2012, Nigeria issued draft transfer pricing regulations for consultation with a view to publishing them at the end of the same year. In order to gauge the reaction of the stakeholders in Nigeria to the adoption and implementation of transfer pricing regulations and other related issues, a questionnaire was designed and administered to 140 respondents from eight different stakeholders groups including Nigerian tax authority, multinational companies in the petroleum sector and other organisations involved in tax matters. The questionnaire elicited their views on the (i) form of adoption of transfer pricing regulations; (ii) motive behind the adoption of the regulations; (iii) administrative resource capacity of the Nigerian tax authority; (iv) barriers that might hinder successful implementation of the regulations; and (v) needs for guidance and support. Institutional theory and resource-based view were employed as a theoretical lens through which to guide the study and to provide a platform against which to analyse the responses to the questionnaire and the interviews. The analysis of the responses to the questionnaire was thus undertaken subsequent to the adoption of the transfer pricing system which enabled informed reflection and critical analysis to be carried out on the results of the analysis. In addition, interviews with 16 experts were conducted subsequent to the issue and preliminary analysis of the responses to the questionnaire in order to gauge their reaction to the views being expressed by the respondents. This enabled a reflective analysis to be undertaken when assessing the information content emerging from the responses. The findings of the study indicate that the OECD transfer pricing framework, which is the transfer pricing system of choice amongst the developed countries, is not the most preferred framework for the regulation of transfer pricing in Nigeria. It also reveals that whilst the Nigerian tax authority has the administrative capacity to develop a transfer pricing team and other necessary platforms for the adoption and implementation of transfer pricing regulations, the lack of sufficient transfer pricing experts, political will and inadequate comparable information are the major potential barriers that might hinder the successful implementation of transfer pricing regulations in Nigeria. These findings should enable policy makers and other stakeholders in Nigeria to review their transfer pricing policies and find a way to overcome the identified potential barriers. This thesis is the first of its kind to empirically investigate the transfer pricing regulations in Nigeria with a particular emphasis on the petroleum sector. It also further establishes the use of institutional theory and resource-based view framework in transfer pricing studies and especially, by extending its application to the adoption and implementation of transfer pricing regulations with a particular emphasis on the petroleum sector.

This thesis contributes to the research literature by reporting the results of an investigation that explores whether regulatory governance practices in Nigeria’s downstream petroleum sector are fit for purpose. The rationale for the study originated from issues relating to the management of Nigeria’s downstream petroleum sector that were identified in the extant literature. These issues were of such significance that their resolution could impact positively and materially on Nigeria’s economy and at the same time the research would fill a gap in the relevant literature. The data for this empirical research were collected using questionnaire and interview instruments and the findings were analysed against a backdrop of the Public Interest Theory of Regulation. The results obtained revealed perceptions of major weaknesses in the regulatory governance practices adopted by Nigeria’s downstream regulatory agencies namely: the regulatory independence of Nigeria’s downstream regulators has declined over time; there are flaws in the accountability practices of Nigeria’s downstream regulators; and there are other related factors such as the absence of openness, poor consultation and a lack of public sensitisation that affect the transparency practices of Nigeria’s downstream regulators. Interestingly, the results also revealed that although Nigeria’s downstream regulators appear to possess the required skills to regulate the sector, their talents are not being fully utilised. Recommendations to resolve the weaknesses identified are made which, if properly and effectively implemented, should have a significant positive impact on the Nigerian economy. Such recommendations may also be applicable to those countries with similar regulatory governance challenges.

Enactment of Ghana's Petroleum (Local Content and Local Participation) Regulations, 2013 (L.I. 2204) was intended to regulate the percentage of local products, personnel, financing, and goods and services rendered within Ghana's upstream petroleum industry value chain. Five years after the inception of Ghana's upstream oil and gas industry, a gap is evident between the requirements of L.I. 2204 and professional practice. Drawing on Lewin's change theory, a cross-sectional study was conducted to examine the extent of differences between the prevailing human resource local content and the requirements of L.I. 2204 in Ghana's upstream petroleum industry. The extent to which training acquired by indigenous Ghanaians seeking jobs in Ghana's oil fields affects the prevalent local content in its upstream petroleum industry was also examined. Survey data were collected from 97 management, technical, and other staff in 2 multinational petroleum companies whose oil and gas development plans have been approved by the Petroleum Commission of Ghana. To answer the research questions and test their hypotheses, one-way ANOVA was performed with staff category (management, technical, and other) as the independent variable and prevalent local content as the dependent variable. Results indicated that prevailing local content in Ghana's upstream petroleum industry meets the requirements of L.I. 2204. Further, training acquired by indigenous Ghanaians seeking jobs in Ghana's oil fields affects the prevalent local content in its offshore petroleum industry. Findings may encourage leaders within multinational oil companies and the Petroleum Commission of Ghana to organize educational seminars that equip indigenous Ghanaians with specialized skills for working in Ghana's upstream petroleum industry.

The Niger Delta militancy ravaged the Nigerian upstream petroleum sector between 2004-2009, bringing it to a standstill. In response, the Nigerian state adopted an amnesty policy―a globally recognized tool for conflict resolution and peacebuilding―to protect the sector and the economy from collapse. Little is known, however, about the unintended consequences of the amnesty implementation for the Nigerian upstream petroleum sector. Thus, the purpose of this study was to fill this gap in the research literature on the Niger Delta amnesty program. Polarity management was the conceptual framework applied; relative deprivation and polarities of democracy constituted the theoretical foundation for this qualitative case study. Face-to-face interviews and focus group discussions were conducted with 29 purposefully selected participants from the senior ranks of the petroleum industry, sector trade unions, relevant government agencies, and a regional university. Data were inductively coded as part of content analysis, the data analysis strategy. Participants viewed the amnesty policy as being poorly conceived and implemented due to the many unintended negative consequences arising from the policy implementation. The key finding from the study indicates that both the sector and the Niger Delta region are worse off post the amnesty policy implementation. The study concludes that by adopting and implementing the study recommendations, stakeholders may be able to mitigate the identified unintended consequences, position the Nigerian upstream petroleum sector for sustainable growth, address the root causes of the militancy, and deliver a positive social change for the residents of Niger Delta.