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Aspects of money laundering in South African lawVan 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.
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Fair governance and Islamoexploria: the interaction of government administrators and the marginalizedKhorramipour, 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
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Birds, bats and arthropods in tropical agroforestry landscapes: Functional diversity, multitrophic interactions and crop yieldMaas, Bea 20 November 2013 (has links)
No description available.
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From the "rising tide" to solidarity: disrupting dominant crisis discourses in dementia social policy in neoliberal timesMacLeod, 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
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From the "rising tide" to solidarity: disrupting dominant crisis discourses in dementia social policy in neoliberal timesMacLeod, 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
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