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  • About
  • The Global ETD Search service is a free service for researchers to find electronic theses and dissertations. This service is provided by the Networked Digital Library of Theses and Dissertations.
    Our metadata is collected from universities around the world. If you manage a university/consortium/country archive and want to be added, details can be found on the NDLTD website.
11

A discricionariedade técnica nos atos administrativos sanitários / The discretionary acts in technical administrative health

Alexandre Nemer Elias 25 August 2008 (has links)
Por meio de uma intensa exploração doutrinária, vem se discutindo as mutações do direito frente à explosão tecnológica no mundo e, em especial, à tecnificação das atividades de atuação do Estado. Diante dessa situação, exploramos na doutrina internacional e nacional o conceito de um instituto intimamente ligado à tecnificação da atividade Estatal chamado de discricionariedade técnica. Com esta exploração, temos o intuito de demonstrar que, além de esta doutrina ser plenamente aplicável no direito pátrio, a situação de fato correspondente à tecnificação pela aplicação ao direito dos conhecimentos científicos de engenharia, biologia, medicina, saúde pública, entre outros, impulsionado pelas agências reguladoras, demanda o seu reconhecimento como forma de controle e proteção dos direitos contra eventuais abusos e ilegalidades da Administração Pública e, especialmente, da Administração Pública Sanitária. Por isso, iniciamos com os conceitos da discricionariedade técnica em suas duas modalidades e, após isto, buscamos, nas mais recentes doutrinas, os conceitos e limites identificados para a atividade discricionária técnico-administrativa, além de exemplificar ao leitor, circunstâncias em que tal discricionariedade se impõe. Paralelamente à conceituação, demonstramos a correlação e a relevância do reconhecimento deste instituto para o direito sanitário, buscando exemplos existentes neste ramo jurídico para melhor ilustrar a pesquisa. Após conceituar e exemplificar, passamos, finalmente, a justificar a real relevância deste estudo levantando na doutrina os limites formais e materiais deste instituto, como maneira de fornecer ferramentas para a proteção dos direitos coletivos e individuais contra atos ilegais. / By means of an intense doctrinaire exploration, people have discussed the mutations of law before the technological explosion in the world and, especially, to the technological development of the activities which the State acts. Because of that situation, we have explored in the international and national doctrine the concept of an institute connected to the technological development of the State activity which is called technical discretionarity. With this exploration, we wish to demonstrate that, not only is this doctrine fully applicable in Paternal Law, actually the situation corresponding to the technical development by means of the application to the right of the scientific knowledge of engineering, biology, medicine, public health, among others, impelled by Regulatory Authorities, demands its recognition as a way to control and protect the rights against eventual abuses and illegalities of Public Administration and, especially, of Health Administration. Therefore, we began with the concepts of the technical discritionarity in its two modalities and, after that, we searched, in more recent doctrines, the concepts and identified limits for the technical-administrative discretionary activity, besides exemplifying the reader, circumstances in which such discritionarity is imposed. Parallel to the conception, we demonstrated the correlation and the relevance of the recognition of this institute for Health Law, looking for existing examples in this juridical branch in order to better illustrate the research. After classifying and exemplifying it, we finally started to justify the real relevance of this study raising in the doctrine the formal and material limits of this institute, as a way to supply tools for the protection of collective and individual rights against illegal actions.
12

The management of security officer's performance within a private security company in Gauteng

Horn, Heather Elizabeth 01 1900 (has links)
This study was undertaken to investigate whether there is a performance management system within the security industry, applicable specifically to Security Officers. To investigate which performance factors, apply to security officers and how security officers perceived performance management. The management of Security Officers’ performance is an aspect of management which has not garnered much interest compared to other operational and management areas – hence the paucity of research on the performance management of security officers. They make a major contribution to the labour market with 7 949 security companies listed on the Private Security Industry Regulatory Authority (PSIRA) website, and 2 973 companies (37%) based in Gauteng alone. However, despite the high number of companies, the industry has attracted the least attention in terms of performance. The overall research purpose of this study was to explore the management of security officers’ performance in a private security company operating in South Africa,focussing specifically on a company based in the Gauteng Province. The scope of the study was aimed at investigating security officers’ perception of performance management and to link performance to actual job performance and security officers’ perceived work performance. The researcher also investigated whether biographical factors had an influence on security officers’ performance. A quantitative research methodology was utilised to conduct the study. The main research instruments were primary data, comprising a self-developed questionnaire and secondary data, comprising company records. The respondents consisted of security officers whom had been subjected to the Dependability and Safety Instrument (DSI) during the period 2013 to 2015, in the region, who were still employed at the company at the time of the study. The findings of the study identified 11 performance management factors and indicated links between self-reported and actual work performance. Biographical characteristics did not seem to influence the work performance of the security officers. However, the results did indicate that employees with less tenure were more prone to disciplinary action by the company and those with higher levels of education were prone to fewer disciplinary actions and dismissals based on AWOL. The study identified the areas that play a significant role in the management of security officers’ performance. The identification of performance management factors in the security industry and security officers’ perceptions about performance management should enable HR officers to develop and implement a performance management system that will contribute to better service delivery to both internal and external clients in this industry. / Business Management / M. Com. (Business Management)
13

Transport economic regulatory intervention in the transport infrastructure : a public-private partnership exploratory study

Maluleka, Khulumane John 31 January 2008 (has links)
The aim of this study is to determine whether the introduction of a transport economic regulatory authority would serve as a valid intervention mechanism in the Public-Private Partnership of the transport infrastructure in South Africa. In order to achieve this objective, the study focused on the analysis of the concept of Public-Private Partnership, and how it has unfolded in a number of industrialised countries. Much attention was devoted in examining how the Public-Private Partnership arrangements followed by the studied countries influenced the current transport infrastructure management process in South Africa. To deal with the above, a host of macro-environmental variables were analysed in respect of their potential impact on the South African Department of Transport. The establishment of various agencies by the Department of Transport was seen as a consequence of the influence of the prevailing environmental forces. The outcome of the analysis revealed that a sustainable transport infrastructural development is a product of genuine partnership between the public and private sectors. Competition for the market and the significance of such competition in the transport infrastructure were outlined. The main goal of competition within the context of this study is to diffuse the economic power of the toll road industry and the protection of the individual's fundamental rights. The study also unearthed a need to deepen the talent and skills of both public and private sector officials as this would enable them to protect the citizens' right to make well-considered choices in the toll road industry. The study identified a need to establish a transport economic regulatory authority that would control the market dynamics of power relationships in the transport industry. Such a body should be creative and need to have regulatory oversight over transport infrastructure. / Transport Logistics and Tourism / D. Comm.
14

Indirect Expropriations in Investment As a Result of the Exercise of the Regulatory Power and its Relationship with the Patrimonial state Liability of the Public Administration / Las Expropiaciones Indirectas en Materia de Inversiones Como Consecuencia del Ejercicio de la Potestad Regulatoria y su Relación con la Responsabilidad Patrimonial de la Administración Pública

Terrazos Poves, Juana Rosa, Cabrera Gómez, Enrique Jesús 10 April 2018 (has links)
In this article the authors highlight the promotion of private sector participation in infrastructure development for the provision of public services, through joint actiondesigned for the private and public sector instruments. Under that context, they take asa starting point the figure of corporate governance, as an efficient state action, because itinvolves a change in the conception of the state and non-state roles in investment in publicservices, considering the actors public and private, as a cooperating conjunction with theformulation and implementation of public policies.In this context, the authors develop and analyze pending tasks in the exercise of regulatoryauthority and its relation to the patrimonial liability of the State, which in their view must also be taken into account for the effectiveness of corporate governance. / En el presente artículo, se destaca el fomento de la participación del sector privado en el desarrollo de infraestructura para la prestación de servicios públicos, a través de instrumentos ideados para una actuación conjunta de los sectores privado y público. Bajo ese contexto, toman como punto de partida a la gobernanza corporativa como una actuación eficiente del Estado, en tanto implica una variación de la concepción de los roles estatales y no estatales en materia de inversión en la prestación de servicios públicos, considerando a los actores públicos y privados como una conjunción cooperante con la formulación y la ejecución de políticas públicas.En ese contexto, los autores desarrollan y analizan tareas pendientes en materia del ejercicio de la potestad reguladora y su relación con la responsabilidad patrimonial del Estado que, desde su perspectiva, deben también tenerse en cuenta para la efectividad de la gobernanza corporativa.
15

Convergence des technologies de l’information : plaidoyer pour une nouvelle normativité des communications dans l’espace UEMOA

Congo, Ibrahim P. 08 1900 (has links)
No description available.
16

The growth and regulation of the private security industry in India and South Africa

Pillay, Krisandren 01 1900 (has links)
The lack of scientific research covering the factors contributing to the growth and regulation of the private security industry (PSI) in India and South Africa gave rise to the study. The study used qualitative research methods, a case study design and documentary analysis techniques, including personal interviews supported by a qualitative questionnaire and e-mailing the questionnaires to participants, to achieve the purpose and objectives of the study. The researcher interviewed seven participants from India personally and eight responded to the qualitative questionnaire sent by e-mail. The researcher conducted eight one-on-one interviews with South African participants and eleven members responded to the qualitative questionnaire sent by e-mail. The researcher carried out a pilot study to identify any shortcomings in the qualitative questionnaire. The study examined various theories on regulations and regulatory frameworks and considered the theoretical aspects of regulating the private security industry. This study confirmed that private security is growing at a rapid pace in India and South Africa, and the common factors encouraging growth include socio-economic factors like rapid growth and infrastructure, increasing urbanisation, growth of the middle class, poverty and unemployment, illegal immigration, growth in private property and increase in personal wealth. Indian participants especially, felt strongly that an increase in terror attacks is a key factor contributing to the rapid growth of the PSI, whilst South African participants confirmed, a fear of political violence and being scared of civil unrest were reasons for the increased presence of the PSI in the country. The participants corroborated that statutory-based legislation imposed by the Private Security Agencies (Regulation) Act 2005 and the Private Security Industry Regulation Act 2001 is not wholly effective in regulating the PSI in India. / Ukusweleka kocwaningo lwesisayense olwengamela izinto ezinomthelela ekukhuleni kanye nemitheshwana yolawulo kwimboni yonogada bezokuvikeleka yangasese i-private security industry (PSI) eNdiya naseNingizimu Afrika kwenze ukuthi kube nalolu cwaningo. Ucwaningo lusebenzise izindlela ze-qualitative research methods, i-case study kanye nethekniki yohlaziyo lwamadokhumende, okubandakanya nama-interview nabantu ziqu, ngokusekelwa wuhla lwemibuzo ebhaliwe ye-qualitative kanye nohla lwemibuzo ebhaliwe (questionnaires) ethunyelwe nge-email kulabo ababambe iqhaza, ukufezekisa izinhloso nezinjongo zocwaningo. Umcwaningi wenze ama-interview nababambi qhaza abayisikhombisa ziqu baseNdiya kanti abayisishagalombili baphendule imibuzo yohla ebhaliwe ye-qualitative oluthunyelwe nge-email. Umcwaningi ubuye waba nama-interview okubhekana ubusu nobuso nababambi qhaza baseNingizimu Afrika abayisishagalombili, kwathi abayishumi nanye baphendula uhla lwemibuzo ebhaliwe ye-qualitative ethunyelwe nge-email. Kwenziwe ucwaningo lokulinga (pilot study) ukubheka ukuntengantenga kohla lwemibuzo ebhaliwe ye-qualitative. Lolu cwaningo luhlole amathiyori ahlukahlukene ngokwenziwa kwemithetho yolawulo kanye nohlaka lwemitheshwana yolawulo, kanye nokubonelela izingxenye zethiyori yemitheshwana yolawulo lwemboni yonogada bezokuvikeleka yangasese. Ucwaningo luqinisekise ukuthi imboni yonogada bangasese bezokuvikeleka ikhula ngokuyisimanga eNdiya kanye naseNingizimu Afrika, kanti okuyixhumanisayo nokufanayo, kubandakanya ukukhula kwezinto eziphathelene nabantu nezomnotho njengokukhula ngesivinini kwezingqalasizinda, ukuya kakhulu kwabantu ezindaweni zamadolobha, ukukhula kwe-middle class, inhlupheko nokusweleka kwemisebenzi, ukungena kakhulu kwabantu ababuya kwezinye izindawo ngokungemthetho (illegal migration), ukukhula kwempahla yangasese kanye nokwanda kokunotha kubantu. Ababambi qhaza baseNdiya bona banemizwa eqinile yokuthi uhlaselo lwamaphekulazikhuni (terror attacks) yinto enomthelela kakhulu ukukhuleni kwemboni ye-PSI. Ababambi qhaza baseNingizimu Afrika bona baqinise ukwesaba udlame lwezepolitiki kanye nokwesaba izivungu-vungu zovukelwano lwabantu, yikho okube yizizathu zokukhula kobukhona be-PSI ezweni. Ababambi qhaza baqinise ukuthi imithetho efakelwe ye-Private Security Agencies (Regulation) Act 2005 kanye nomthetho we-Private Security Industry Regulation Act 2001 ayisebenzi ngokufanele ukulawula kahle imboni ye-PSI eNdiya. / Esi sifundo sibe ngunozala wokunqongophala kophando lobunzululwazi malunga nezinto ezincedisa ekukhuleni nasekulawulweni korhwebo lokhuselo lwabucala, iprivate security industry (PSI), kwilizwe laseIndia naseMzantsi Afrika. Isifundo sisebenzise indlela yophando lomgangatho, uyilo lwenkqubo engumzekelo, uhlalutyo lwemibhalo, udliwano ndlebe lobuso ngobuso nabantu ngabantu, oku kuxhaswa luluhlu lwemibuzo olubhaliweyo noluthunyelwe kubathathi nxaxheba ngeimeyile ukuze kuphunyezwe iinjongo zesi sifundo. Umphandi udlane indlebe nabathathi nxaxheba abasixhenxe abavela eIndia kanti abasibhozo baphendule uluhlu lwemibuzo yomgangatho kwi-imeyile. Umphandi uqhube udliwano ndlebe ubuso ngobuso nabathathi nxaxheba abasibhozo eMzantsi Afrika kanti abalishumi elinanye bona baphendule uluhlu lwemibuzo yomgangatho kwi-imeyile. Kwaqhutywa isifundo sokutshayelela ngenjongo yokuqonda ukuba akukho zikhwasilima na kuluhlu lwemibuzo yomgangatho. Isifundo siphonononge iingcingane okanye iithiyori ezingemigaqo nezakhelo zemigaqo yolawulo kwaza kwaqatshelwa imiba yeengcingane emalunga nokulawulwa norhwebo lokhuseleko lwabucala. Esi sifundo singqine ukuba ukhuselo lwabucala lukhula ngesantya esikhawulezayo eIndia naseMzantsi Afrika, kwaye izinto ezikhuthaza oku kukhula ziquka imiba yezentlalo noqoqosho njengokwanda okukhawulezayo nezibonelelo, ukwanda kweendlela zokuphila budolophu, ukukhula kwezinga loluntu eliphakathi (middle class), ubuhlwempu nentswela ngqesho, ukufudukela kwamanye amazwe ngokungekho mthethweni, ukwanda kokufumaneka komhlaba wabucala nokwanda kobutyebi babantu. Abathathi nxaxheba baseIndia bathi bacinga ukuba ukwanda kohlaselo ngabagrogrisi kuphambili ekuncediseni ukukhula korhwebo lokhuselo lwabucala. AbaseMzantsi Afrika bona bangqina ukuba uloyiko lobundlobogela bezopolitiko nokoyika uvukelo mbuso zizizathu zokwanda kobukho borhwebo lokhuselo lwabucala kweli lizwe. Abathathi nxaxheba bavuma ukuba imigaqo esekelwe emthethweni nebethelelwa nguMthetho Wokhuselo Lwabucala wama-2005, iPrivate Security Agencies (Regulation) Act 2005 kunye nePrivate Security Industry Regulation Act 2001 ayisebenzi ngokufezekileyo ekulawuleni urhwebo lokhuselo lwabucala eIndia. / Criminology and Security Science / Ph. D. (Criminal Justice)
17

A case study of factors contributing to discipline problems of security officers : Eskom distribution centres, KwaZulu-Natal North Coast region

Govender, Remone 27 May 2014 (has links)
Private security forms part of a key strategy component in South Africa in terms of the alignment of the safety and security sector. Both private and public sector businesses in South Africa depend on private security systems to safeguard their assets. Although the growth in the private security sector has not provided for outstanding qualities and high levels of qualification criteria for employment in the sector, this quiet transformation of South Africa’s every day security landscape has potentially wide-ranging concerns. It raises important questions about the accountability and responsibility of security companies in providing their clients with disciplined security officers. There are reasons for concerns at Eskom because of the disciplinary problems experienced by security officers. These disciplinary problems create an environment of instability and uncertainty, which impacts on the core purpose of Eskom which is to provide sustainable electricity solutions to grow the economy and improve the quality of life of people in South Africa. Accordingly, the main purpose for the deployment of security officers to Eskom centres is to create a safer environment for Eskom and to safeguard its assets. Currently, disciplinary problems in the workplace constitute one of the most basic problems facing employers in both the public and private sectors. Therefore, developing and maintaining a disciplined security workforce is a priority that should be on the agenda of all private security companies. The objectives of this research included the following:  Examine which factors contribute to disciplinary problems;  Determine what the causes of these factors are that contribute to disciplinary problems; and  Identify what solutions can be used to address the factors contributing to disciplinary problems. A qualitative research approach was used in this study, in that verbal non-numerical data was collected from people in their natural environments who experience xiv everyday situations in the workplace in order to gain a more complete understanding of the problem area. The main method of data collection was by means of face-to-face interviews between the researcher and the interviewees which took place according to a standardised interview schedule. Thirty (30) respondents drawn by means of probability and non-probability sampling processes and were individually interviewed by the interviewer. Accordingly, this study has examined issues as to why security officers do not reliably uphold the discipline that is required of them in the provision of security services at the Eskom centres. The problem of poor discipline at Eskom centres compromises security, which impacts negatively on profitability when a site experiences losses and theft because security officers do not adhere to Eskom’s security requirements while they are deployed at Eskom centres. It is important for any institution to first examine and identify the disciplinary problems experienced by its employees before those problems can be addressed successfully. Accordingly, the nature and extent of disciplinary problems by security officers were examined within this study to assess the effectiveness of security management practices within the private security companies supplying a security service to Eskom. This study, therefore, examined disciplinary problems at Eskom centres (on the north coast of KwaZulu-Natal) to identify the specific problems which the security officers have been experiencing and to indicate how effective their company management systems were in dealing with those problems. The study also assisted with formulating adequate recommendations with regard to managing the disciplinary problems at Eskom centres. / Criminology and Security Science / M. Tech. (Security Management)
18

A case study of factors contributing to discipline problems of security officers : Eskom distribution centres, KwaZulu-Natal North Coast region

Govender, Remone 27 May 2014 (has links)
Private security forms part of a key strategy component in South Africa in terms of the alignment of the safety and security sector. Both private and public sector businesses in South Africa depend on private security systems to safeguard their assets. Although the growth in the private security sector has not provided for outstanding qualities and high levels of qualification criteria for employment in the sector, this quiet transformation of South Africa’s every day security landscape has potentially wide-ranging concerns. It raises important questions about the accountability and responsibility of security companies in providing their clients with disciplined security officers. There are reasons for concerns at Eskom because of the disciplinary problems experienced by security officers. These disciplinary problems create an environment of instability and uncertainty, which impacts on the core purpose of Eskom which is to provide sustainable electricity solutions to grow the economy and improve the quality of life of people in South Africa. Accordingly, the main purpose for the deployment of security officers to Eskom centres is to create a safer environment for Eskom and to safeguard its assets. Currently, disciplinary problems in the workplace constitute one of the most basic problems facing employers in both the public and private sectors. Therefore, developing and maintaining a disciplined security workforce is a priority that should be on the agenda of all private security companies. The objectives of this research included the following:  Examine which factors contribute to disciplinary problems;  Determine what the causes of these factors are that contribute to disciplinary problems; and  Identify what solutions can be used to address the factors contributing to disciplinary problems. A qualitative research approach was used in this study, in that verbal non-numerical data was collected from people in their natural environments who experience xiv everyday situations in the workplace in order to gain a more complete understanding of the problem area. The main method of data collection was by means of face-to-face interviews between the researcher and the interviewees which took place according to a standardised interview schedule. Thirty (30) respondents drawn by means of probability and non-probability sampling processes and were individually interviewed by the interviewer. Accordingly, this study has examined issues as to why security officers do not reliably uphold the discipline that is required of them in the provision of security services at the Eskom centres. The problem of poor discipline at Eskom centres compromises security, which impacts negatively on profitability when a site experiences losses and theft because security officers do not adhere to Eskom’s security requirements while they are deployed at Eskom centres. It is important for any institution to first examine and identify the disciplinary problems experienced by its employees before those problems can be addressed successfully. Accordingly, the nature and extent of disciplinary problems by security officers were examined within this study to assess the effectiveness of security management practices within the private security companies supplying a security service to Eskom. This study, therefore, examined disciplinary problems at Eskom centres (on the north coast of KwaZulu-Natal) to identify the specific problems which the security officers have been experiencing and to indicate how effective their company management systems were in dealing with those problems. The study also assisted with formulating adequate recommendations with regard to managing the disciplinary problems at Eskom centres. / Criminology and Security Science / M. Tech. (Security Management)
19

論金融統合監理之架構 / Study on Consolidation of Financial Regulatory Structure

林蕙玲, Lin, Hui-Ling Unknown Date (has links)
近年來,國內金融問題層出不窮,陸續發生多起的金融弊案,皆有引發金融危機之可能。因此如何強化金融監理效能,建立金融市場之安定與秩序,實為金融革新的重要議題。 世界上多數國家的金融監理架構有單一監理機關與多數監理機關,甚至折衷於二者之方式。我國目前金融市場中因金融商品之區隔性降低、金融購併與金融集團之出現、效率監理原則、及因應WTO的加入考量,究竟如何調整金融監理架構以強化金融監理效能,實為當務之急。因此,政府希冀成立金融監督管理委員會,以有效整合金融發展政策及監理事權,全面加速金融現代化工程,因應未來國際金融競爭趨勢。 而本文,以「論金融統合監理之架構」為題,試圖先對我國現行金融監理架構做一剖析;其次針對單一監理架構—以英國金融服務管理局(Financial Service Authority)、澳洲金融監理總署(Australian Prudential Regulation Authority)、韓國金融監理局(Financial Service Supervision)為介紹;在其次亦就多數監理架構為論述—以美國的金融監理架構為題;繼而對於我國未來金融監理架構—以現行的行政院金融監督管理委員會組織法草案為介紹;最後做一評析與建議。 / In the last decade, Taiwan has experienced several financial institutions scandals and a local financial crisis has almost emerged. Under such a circumstance, it is essential for the Government to undertake regulatory reform in order to enhance the regulatory efficiency and reinstate the social confidence toward the financial markets. To cope with the entrance into WTO, the trend of financial liberalization, the emergence of financial conglomerates, it seems crucial for Taiwan to reconstruct the regulatory framework to promote the regulatory effectiveness and efficiency. Under such a scenario, the Government intends to establish a new regulatory agency, i.e. the Financial Regulatory Committee, to regulate financial institutions in a consolidated approach. The main theme of this paper focuses on the issue of the consolidation in financial regulatory structure. In the first place, the current financial regulatory mechanism in Taiwan is addressed and the potential inefficiency is identified. Secondly, some models of the single-regulator approach are examined, including the Financial Services Authority of UK, the Australian Prudential Regulatory Authority and the Financial Services Supervision of South Korea. On the other hand, the US model, the most significant one in the multiple-regulator approach, is also envisaged in the third place. Fourthly, the draft of Financial Regulatory Committee Bill of Taiwan is examined and the potential failures therein are explored. As possible contribution to the financial regulatory reform in Taiwan, some conclusive remarks and suggestions are submitted in the final place.
20

Legal and regulatory aspects of mobile financial services

Perlman, Leon Joseph 11 1900 (has links)
The thesis deals with the emergence of bank and non-bank entities that provide a range of unique transaction-based payment services broadly called Mobile Financial Services (MFS) to unbanked, underserved and underbanked persons via mobile phones. Models of MFS from Mobile Network Operators (MNOs), banks, combinations of MNOs and banks, and independent Mobile Financial Services Providers are covered. Provision by non-banks of ‘bank-type’ services via mobile phones has been termed ‘transformational banking’ versus the ‘additive banking’ services from banks. All involve the concept of ‘branchless banking’ whereby ‘cash-in/cash out’ services are provided through ‘agents.’ Funds for MFS payments may available through a Stored Value Product (SVP), particularly through a Stored Value Account SVP variant offered by MNOs where value is stored as a redeemable fiat- or mobile ‘airtime’-based Store of Value. The competitive, legal, technical and regulatory nature of non-bank versus bank MFS models is discussed, in particular the impact of banking, payments, money laundering, telecommunications, e-commerce and consumer protection laws. Whether funding mechanisms for SVPs may amount to deposit-taking such that entities could be engaged in the ‘business of banking’ is discussed. The continued use of ‘deposit’ as the traditional trigger for the ‘business of banking’ is investigated, alongside whether transaction and paymentcentric MFS rises to the ‘business of banking.’ An extensive evaluation of ‘money’ based on the Orthodox and Claim School economic theories is undertaken in relation to SVPs used in MFS, their legal associations and import, and whether they may be deemed ‘money’ in law. Consumer protection for MFS and payments generally through current statute, contract, and payment law and common law condictiones are found to be wanting. Possible regulatory arbitrage in relation to MFS in South African law is discussed. The legal and regulatory regimes in the European Union, Kenya and the United States of America are compared with South Africa. The need for a coordinated payments-specific law that has consumer protections, enables proportional risk-based licensing of new non-bank providers of MFS, and allows for a regulator for retail payments is recommended. The use of trust companies and trust accounts is recommended for protection of user funds. | vi / Public, Constitutional and International Law / LLD

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