Global ETD Search

441	Aspects of money laundering in South African law Van Jaarsveld, Izelde Louise 04 1900 (has links) Money laundering involves activities which are aimed at concealing benefits that were acquired through criminal means for the purpose of making them appear legitimately acquired. Money laundering promotes criminal activities in South Africa because it allows criminals to keep the benefits that they acquired through their criminal activities. It takes place through a variety of schemes which include the use of banks. In this sense money laundering control is based on the premise that banks must be protected from providing criminals with the means to launder the benefits of their criminal activities. The Financial Intelligence Centre Act 38 of 2001 (‘FICA’) in aggregate with the Prevention of Organised Crime Act 121 of 1998 (‘POCA’) form the backbone of South Africa’s anti-money laundering regime. Like its international counterparts FICA imposes onerous duties on banks seeing that they are most often used by criminals as conduits to launder the benefits of crime. In turn, POCA criminalises activities in relation to the benefits of crime and delineates civil proceedings aimed at forfeiting the benefits of crime to the state. This study identifies the idiosyncrasies of the South African anti-money laundering regime and forwards recommendations aimed at improving its structure. To this end nine issues in relation to money laundering control and banks are investigated. The investigation fundamentally reveals that money laundering control holds unforeseen consequences for banks. In particular, a bank that receives the benefits of crimes such as fraud or theft faces prosecution if it fails to heed FICA’s money laundering control duties, for example, the filing of a suspicious transaction report. However, if the bank files a suspicious transaction report, it may be sued in civil court by the customer for breach of contract. In addition, if the bank parted with the benefits of fraud or theft whilst suspecting that the account holder may not be entitled to payment thereof, it may be sued by the victim of fraud or theft who seeks to recover loss suffered at the hand of the fraudster or thief from the bank. Ultimately, this study illustrates that amendment of some of the provisions of South Africa’s anti-money laundering legislation should enable banks to manage the aforementioned and other unforeseen consequences of money laundering control whilst at the same time contribute to the South African anti-money laundering effort. / Criminal and Procedural Law / Mercantile Law / LL.D. Money laudering control Banks Globalisation of criminal activity Money Bank-customer relationship Bank confidentiality Safe-harbour provisions Ownership of deposited money Proceeds of crime Statement of Principles Forty Recommendations Council of Europe Third Anti-Money Laundering Directive KYC Standard Customer due diligence Vienna Convention Strasbourg Convention Proceeds of Crime Act 2002 Bank Secrecy Act Patriot Act Financial Crimes Enforcement Network Common-law ownership remedies Constructive trust Tracing Rei vindicatio Quasi-vindictory action Actio Pauliana Interdicts Unjust enrichment condictiones Civil forfeiture Innocent owner defence 345.268068 Money laundering -- Prevention Banking law -- South Africa Banking law
442	Fair governance and Islamoexploria: the interaction of government administrators and the marginalized Khorramipour, Masoumeh 15 December 2021 (has links) This study addresses the concept of fair governance based on an empirical study with marginalized groups, primarily Muslims, and their interaction with government agencies as its salient locus of investigation. Employing the research method of in-depth interviewing, I present a qualitative analysis of 35 semi-structured interviews with Muslims and government administrators. The methodological framework based on which these interviews are interpreted is rooted in the tradition of social constructivism as manifested in the grounded theory perspective of Charmaz. My examination of the hitherto unspoken political visions of the study participants and their shared perspectives offers pragmatic solutions to create greater equity and fairer inclusion of the marginalized in civic and political dialogues and in the administrative practice of government. Remarkably, the cultural changes towards justice and inclusion in the Government of British Columbia manifest that fair government is committed to creating a fundamental transformation in favour of marginalized groups. I find the most promising approach for such transformation occurs where bottom up and dynamic approaches of civil society are aligned with top down approaches of government to justice. The findings suggest that fair governance enhances its functionality and capacity through reflecting universal universalism in its policies and practices, heartening public spirituality and moving towards a more humane modernity rather than the extant western model of modernity. Thus, fair governance calls for diversity in expression of religious identity and challenges the mistaken images of Muslim women. Subsequently, fair government welcomes female religious actors, who act upon religious values, to its administration and respects their choice of clothing encompassing the scarf. Fair government, at all levels, ameliorates the ethical standards of its employees and employs authentic leaders, who act in a virtuous manner, care about employees’ deeply held values, and implement direct communication with staff. Such government supports legislative and constitutional reforms to consider a different outlook of the marginalized on political and social concerns, respects religious practices, honours Muslims’ identity and interpretation of life, and supports individuals who aim to improve humanity in Canada and its occupational settings. Rethinking Islamophobia in the context of the distinct need of government administrators for the institutional education about Islam, as a key finding of the study, depicts the emergence of “Islamoexploria”, as a new expression, which I coin. In my study, there is ample evidence to suggest that a sample of government administrators in British Columbia is in the age of post Islamophobia since they, as pioneers, have passed the stage of Islamophobia and entered a new era of “Islamoexploria”. Thus, they have produced the profound socio-cultural changes towards understanding Islam by shifting from fear of, ostensibly, the unknown to knowledge about the unknown and to approaches that are more sympathetic to Muslims. This finding suggests that fair government facilitates the journey from western Islamophobia, a demonstration of old racism, to “Islamoexploria”, a contemporary thirst for knowledge about Islam. Concurrently, Muslims remain responsible to contribute to fairness at large by role modeling their religious values, which greatly promote justice, compassionate attitudes, and humanitarian actions. / Graduate / 2022-12-07 Fair government Human rights and religious freedom Islam- worldview and ideology of Islam Best practices of government Leadership in government Terminology of government
443	Birds, bats and arthropods in tropical agroforestry landscapes: Functional diversity, multitrophic interactions and crop yield Maas, Bea 20 November 2013 (has links) No description available. 630 birds bats arthropods multitrophic interactions agroforestry tropical landscape forest margin landscape functional diversity crop yield exclosure experiments experimental exclusion arthropod suppression avian predation ecosystem services mist netting point counts artificial plasticine caterpillar dummy experiment biological control monitoring mapping Lemon-bellied White-eye Grosbeak Starling Zosterops chloris Scissiostrum dubium Theobroma cacao cacao agroforestry cacao diseases cacao harvest cacao pests flying vertebrates aerial insectivores volant vertebrates logging breeding colony flower herbivory mesopredator release predatory insects ants spiders aphids Lepidoptera Coleoptera Lepidopteran larvae sustainable agriculture sustainable agroforestry management implications management recommendations applied managament extensive land use management landscape management conservation biodiversity-friendly dbh distance to forest forest proximity habitat conversion herbivory Indonesia insectivorous bats insectivorous birds invertebrates Central Sulawesi Napu valley leaf gleaning leaf herbivory pests insects phytophagous insects plant productivity remnant forest trees shade tree managament South-east Asia Paleotropics tropical landscape tree height landscape gradient local shade management Cacao Pod Borer Cherelle Wilt fruit abortion Helopeltis sulawesi deforestation habitat fragmentation land use intensification forest margin species critical decline predation experiment species-specific functions Southeast Asia biodiversity conservation mesopredators food security human welfare human well-being poverty alleviation poverty reduction smallholder cacao smallholder plantation cacao farmers sustainable cacao management landscape perspective landscape scale large scale field experiment long term field experiment human wellbeing economic importance economic value valuation ecosystem services landscape matrix yield quality yield quantity fruit productivity species identity species diversity species richness ecosystem functioning pesticide use chemical compounds complex food web tritrophic interactions wildlife-friendly rural livelihoods endangered bird species endangered bat species endemic endemic birds endemic bats beneficial impact IUCN Lore Lindu National Park bioindicator indicator species forest margin agricultural habitat agroforestry systems population density predation activity species activity cacao flower cacao pod Orthoptera linear mixed effect models Tukey Post Hoc Test AICc model selection generalized least squares restricted maximum likelihood model simplification species richness estimator species accumulation linear mixed-effects models Likelihood Ratio Test Maximum Likelihood nocturnal insects diurnal arthropods nocturnal arthropods diurnal insects landscape context Land- und Forstwirtschaft (PPN621302791)
444	From the "rising tide" to solidarity: disrupting dominant crisis discourses in dementia social policy in neoliberal times MacLeod, Suzanne 26 March 2014 (has links) As a social worker practising in long-term residential care for people living with dementia, I am alarmed by discourses in the media and health policy that construct persons living with dementia and their health care needs as a threatening “rising tide” or crisis. I am particularly concerned about the material effects such dominant discourses, and the values they uphold, might have on the collective provision of care and support for our elderly citizens in the present neoliberal economic and political context of health care. To better understand how dominant discourses about dementia work at this time when Canada’s population is aging and the number of persons living with dementia is anticipated to increase, I have rooted my thesis in poststructural methodology. My research method is a discourse analysis, which draws on Foucault’s archaeological and genealogical concepts, to examine two contemporary health policy documents related to dementia care – one national and one provincial. I also incorporate some poetic representation – or found poetry – to write up my findings. While deconstructing and disrupting taken for granted dominant crisis discourses on dementia in health policy, my research also makes space for alternative constructions to support discursive and health policy possibilities in solidarity with persons living with dementia so that they may thrive. / Graduate / 0452 / 0680 / 0351 / macsuz@shaw.ca social determinants of health social exclusion crisis discourse Alzheimer's Alzheimer Society of Canada Suzanne MacLeod Susan Strega Donna Jeffery poststructural poststructuralism admission to long-term care funding for long-term care acute care aging demographic BC Psychogeriatric Association biomedical British Columbia Canada Health Act collective social responsibility competition corporate profit corporatization deresponsibilization elder friendly elderly citizens family caregivers Foucault found poetry genealogy of power knowledge incompetent Ministry of Health moral economics pharmaceutical bed blocker stigmatized tsunami absent-person action plan aging population alternative discourse apocalyptic demography appropriate archaeology archaeology of knowledge archaeological British Columbia burden Canada caregiver charity charitable collective collective car community community care condition of possibility conditions of possibility corporate counter-discourse dementia dementia care dementia policy dementia social policy dependent depoliticize discourse discourse analysis disruptive discourse economic burden economics economy elder emergency epidemic exclusion fear-monger Foucauldian found poem genealogy genealogical health authority health care health care staff health care system health policy document healthy lifestyle home and community care homogenization homogenize hospital imaginaries imaginary incapable individual responsibility individualism knowledge long-term care material effect materiality of discourse media moral panic national strategy neoliberal neoliberalism neoliberal rationality not prepared object objectification other person-centered people living with dementia person living with dementia persons living with dementia person with dementia poem poetic representation poetry policy policies political politics power power knowledge power relations private privatize privatization productivity of dominant discourse public health care residential care resistance responsibility responsibilization rising tide safety net shift costs to caregivers responsibility social policy imaginary social well-being social work social worker solidarity specialized stakeholder state stigma subject matter expert taxpayer threat unprepared unproductive voluntary volunteer wait time wave social policy
445	From the "rising tide" to solidarity: disrupting dominant crisis discourses in dementia social policy in neoliberal times MacLeod, Suzanne 26 March 2014 (has links) As a social worker practising in long-term residential care for people living with dementia, I am alarmed by discourses in the media and health policy that construct persons living with dementia and their health care needs as a threatening “rising tide” or crisis. I am particularly concerned about the material effects such dominant discourses, and the values they uphold, might have on the collective provision of care and support for our elderly citizens in the present neoliberal economic and political context of health care. To better understand how dominant discourses about dementia work at this time when Canada’s population is aging and the number of persons living with dementia is anticipated to increase, I have rooted my thesis in poststructural methodology. My research method is a discourse analysis, which draws on Foucault’s archaeological and genealogical concepts, to examine two contemporary health policy documents related to dementia care – one national and one provincial. I also incorporate some poetic representation – or found poetry – to write up my findings. While deconstructing and disrupting taken for granted dominant crisis discourses on dementia in health policy, my research also makes space for alternative constructions to support discursive and health policy possibilities in solidarity with persons living with dementia so that they may thrive. / Graduate / 0452 / 0680 / 0351 / macsuz@shaw.ca social determinants of health social exclusion crisis discourse Alzheimer's Alzheimer Society of Canada Suzanne MacLeod Susan Strega Donna Jeffery poststructural poststructuralism admission to long-term care funding for long-term care acute care aging demographic BC Psychogeriatric Association biomedical British Columbia Canada Health Act collective social responsibility competition corporate profit corporatization deresponsibilization elder friendly elderly citizens family caregivers Foucault found poetry genealogy of power knowledge incompetent Ministry of Health moral economics pharmaceutical bed blocker stigmatized tsunami absent-person action plan aging population alternative discourse apocalyptic demography appropriate archaeology archaeology of knowledge archaeological British Columbia burden Canada caregiver charity charitable collective collective car community community care condition of possibility conditions of possibility corporate counter-discourse dementia dementia care dementia policy dementia social policy dependent depoliticize discourse discourse analysis disruptive discourse economic burden economics economy elder emergency epidemic exclusion fear-monger Foucauldian found poem genealogy genealogical health authority health care health care staff health care system health policy document healthy lifestyle home and community care homogenization homogenize hospital imaginaries imaginary incapable individual responsibility individualism knowledge long-term care material effect materiality of discourse media moral panic national strategy neoliberal neoliberalism neoliberal rationality not prepared object objectification other person-centered people living with dementia person living with dementia persons living with dementia person with dementia poem poetic representation poetry policy policies political politics power power knowledge power relations private privatize privatization productivity of dominant discourse public health care residential care resistance responsibility responsibilization rising tide safety net shift costs to caregivers responsibility social policy imaginary social well-being social work social worker solidarity specialized stakeholder state stigma subject matter expert taxpayer threat unprepared unproductive voluntary volunteer wait time wave social policy

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