Thesis (MPhil)--Stellenbosch University, 2005. / ENGLISH ABSTRACT: Metropolitan Holdings Limited is a life insurance and investment company with a well-recognised brand, operating in a competitive environment. The Metropolitan Doyle model that the company developed in the 1980s was the first of its kind and is used to predict the course and impact of the HIV/AIDS pandemic. Metropolitan has since been actively engaged in developing insurance products, designed to take HIV/AIDS into account. It has, moreover been active in advocating action on a wide range of issue relating to the disease, not least through its RedRibbon website, the publication of the respected journal, AIDS Analysis Africa, and through various community initiatives, particularly involving HIV/AIDS education. The company’s external work on the issue of HIV/AIDS is therefore well recognised. Although it has had an internal programme for several years, it has only seriously addressed the HIV/AIDS in the workplace since 2003 and in so doing, has not found the necessity of using any existing models of best practice. This case study examines the guidelines of a comprehensive HIV/AIDS programme, as set out by the Global Business Coalition on HIV/AIDS, with a view to finding out whether and to what extent a company such as Metropolitan might have implemented its recommendations and what impact it might have in the fight against HIV/AIDS in the workplace. The case study further examines the likely impact of the King II recommendations relating to the disclosure requirements on HIV/AIDS (in conjunction with the Global Reporting Initiative Guidelines) with a view to assessing whether these can enable a company such as Metropolitan, to have regard to the impact of the disease on the sustainability of their business and the steps that might be taken to mitigate the impact. / AFRIKAANSE OPSOMMING: Metropolitan Holdings Beperk is ‘n lewensversekerings – en beleggingsmaatskappy, met ‘n alombekende handelsmerk, wat in ‘n kompeterende omgewing funksioneer. Die Metropolitan-Doyle model wat deur die maatskappy in die 1980’s ontwikkel is, was die eerste in sy soort, en word gebruik om die verloop en impak van die MIV/VIGS pandemie te voorspel. Metropolitan is sedertdien aktief betrokke in die ontwikkeling van versekeringsprodukte, was spesifiek ook MIV/VIGS as oogmerk het. Die maatskappy is boonop besig om betrokkenheid oor ‘n wye spektrum van uitkomste verwant aan die siekte te propageer, veral deur die RedRibbonwebtuiste, die publikasie van die hoogaangeskrewe joernaal, AIDS Analysis Africa, en deur verskeie gemeenskapsinisiatiewe wat spesifiek die opvoeding aangaande MIV/VIGS insluit. Die maatskappy se eksterne werk op die aangeleentheid van MIV/VIGS word dus wyd erken. Alhoewel dit ook al verskeie jare oor ‘n interne program beskik, is dit eers sedert 2003 dat MIV/VIGS in die werkplek ernstig aangespreek word. Deur dit so te doen, is daar nie die nodigheid gesien om enige bestaande modelle wat die beste werk, te gebruik nie. Hierdie gevallestudie ondersoek die riglyne van ‘n omvattende MIV/VIGS program, soos uiteengesit deur die Global Business Coalition oor MIV/VIGS, met die oogmerk om uit te vind tot watter mate ‘n maatskappy soos Metropolitan sy aanbevelings mag implementeer en watter impak dit mag hê op die bestryding van MIV/VIGS in die werkplek. Die gevallestudie ondersoek verder die waarskynlike impak van die King IIaanbevelings rakende die openbaarmakende vereistes oor MIV/VIGS (in samehang met die Global Reporting Initiative Riglyne) met die oogmerk om te bepaal of bogenoemde ‘n maatskappy soos Metropolitan in staat kan stel om geleentheid te hê tot die impak van die siekte op die volhoubaarheid van hul besigheid en die stappe wat geneem mag word om die impak te beheer.

University of Macau / Faculty of Law

University of Macau / Faculty of Law

Univ., Diss.--Göteborg, 2007. / Enth. 4 Beitr.

This thesis comprises three studies on CEO compensation in the UK. It specifically examines the role of CEO defined-benefit pensions, compensation consultants and CEO stock options. Firstly, research on the role of executive pensions is still at a stage of infancy due to data difficulties (Sundaram and Yermack, 2007). By taking advantage of better disclosure requirements with the introduction of Directors’ Remuneration Report Regulations (DRRR) in 2002, this thesis examines the determinants and effects of CEO defined-benefit pensions. Consistent with rent extraction hypothesis (Bebchuk and Fried, 2005; Kalyta and Magnan, 2008), it finds that pensions are largely determined by CEO power over boards of directors. There is no evidence that pensions reduce the agency cost of debt as suggested by Edmans (2008) and Sundaram and Yermack (2007). Instead they increase the agency cost of equity by discouraging CEO risk-taking and reducing pay-performance relationship. Consistent with the argument in Gustman et al. (1994), Ippolito (1991) and Lazear (1990), this thesis also finds that pensions do bond a CEO to the firm she manages. Secondly, because of the lack of disclosure regarding compensation consultants used by companies, the empirical evidence is so far limited on how the practice of employing compensation consultants influences CEO pay. By taking advantage of better disclosure requirements since the publication of the DRRR (2002), this thesis examines the effect of using compensation consultants on CEO pay. Unlike Murphy and Sandino (2008), this thesis finds no evidence that firms use multiple pay consultants to justify or legitimize higher CEO pay. In light of the managerial power theory, this thesis instead finds that pay consultants are more concerned with the risk of losing business with their client firms. This latter finding explains why the use of pay consultants is associated with greater executive pay (see Armstrong, Ittner and Larcker, 2008; Cadman, Carter and Hillegeist, in press; Conyon, Peck and Sadler, 2009; Murphy and Sandino, 2008; Voulgaris, Stathopoulos and Walker, 2009). Thirdly, despite the importance of the issue, the existence of a link between the CEO stock options and earnings management is currently understudied in the UK. The UK context is appealing because of two distinctive corporate governance features that limit opportunistic earnings management. These are the absence of CEO duality in general (Cornett, Marcus, and Tehranian, 2008) and the increased outside director’s membership on boards since the publication of the Cadbury Report (1992) (Peasnell, Pope, and Young, 2000). By examining earnings management prior to stock option grant and exercise periods, this thesis adds to the study of Kuang (2008) that examines earnings management during stock option vesting periods. Overall, some evidence has been found that earnings are managed downwards prior to stock option grant periods. Consistent with the US-based studies, this thesis finds strong evidence of upward earnings management prior to a stock option exercise period. It shows that the UK’s distinctive governance features have not restrained opportunistic earnings management prior to stock option grants and exercises. In brief, this thesis provides some empirical evidence that the use of two pay components in the CEO pay package, namely, the defined-benefit pensions and stock options, do not necessarily promote CEO-shareholder interest alignment. The use of pay consultants in CEO pay-setting is also fraught with managerial influence. In support of the managerial power theory, I therefore suggest that these three factors can be abused by CEOs to extract excess compensation at the expense of shareholders. In this context, these three factors can themselves be considered as the sources of the agency cost. Future research might examine the mechanisms that can be deployed to govern the use of defined-benefit pensions, stock options and pay consultants in CEO pay design.

Thesis (MPhil)--Stellenbosch University, 2014. / ENGLISH ABSTRACT: There have been new infections of HIV despite campaigns aimed at arresting the further spread of the epidemic particularly the new infections. This study sought to investigate whether HIV positive individuals disclose their status to their sexual partners. The study looked at both longtime partners and casual partners. The overall aim was to find the factors that contribute to non-disclosure or to disclosure to sexual partners by HIV positive individuals. The specific objectives were to identify prevailing levels of HIV sero-status disclosure among people living with HIV who were attending the ARV clinic; to identify people living with HIV’s attitude towards HIV status disclosure; to establish factors contributing to disclosure or non-disclosure among people living with HIV; to establish if there is a difference between disclosure rates between ‘long time’ sex partners and casual/’once-off’ sex partners and to provide guidelines to counsellors on how to educate HIV positive people on disclosure. The objectives were achieved by using a quantitative research design through the use of questionnaires targeting 50 HIV positive individuals attending the ARV clinic at Katutura Hospital in Windhoek Namibia. The questionnaire was self-administered and consisted of close-ended questions and one open-ended question which helped collect the quantitative data. The quantitative data was then analyzed using statistical tools (graphs, tables and charts). Results showed that HIV positive individuals are aware of the importance of disclosure. The results showed that majority of the participants did not disclose for fear of abandonment. Some did not disclose because they thought that their partner was also already infected. As for casual sex partners, some did not disclose because they wanted ‘to infect someone since they were also infected by someone’. Some said that they were drunk and hence did not disclose. Participants disclosed because they wanted moral support, they did not want to infect their partners and that they wanted their partners to get tested as well. One of the recommendations was that there is a need to encourage couple counselling in cases of married couples or ‘live-in’ couples to reduce the need for disclosure. It was also recommended that HIV/AIDS health workers need special training to enhance their skills on how to educate HIV positive individuals about disclosure. The link between risky sexual behavior and alcohol abuse was highlighted and it was recommended that there is a need to educate people, particular teenagers, the link between the two. / AFRIKAANSE OPSOMMING: Die doel van hierdie studie was die bepaling van die mate waartoe persone wat MIV-positief is en klinieke bywoon hulle MIV-status bekendmaak. Die studie is by die Katutura hospitaal in Windhoek, Namibië gedoen en 50 MIV-positiewe pasiënte is as steekproef gebruik. ‘n Vraelys wat die pasiënte self ingevul het is in die studie gebruik en data is op ‘n beskrywende wyse ontleed. Resultate het aangetoon dat MIV-positiewe pasiënte wel bewus is van die belangrikheid om hulle MIV-status bekend te maak. Laasgenoemde pasiënte doen dit egter nie, hoofsaaklik uit vrees vir stigma, diskriminasie en verwerping. Sommige pasiënte maak ook nie hulle status bekend nie omdat hulle bloot aanvaar dat die persoon met wie hulle saambly ook MIV-positief is en die bekendmaking van status dus onbelangrik is. Een van die belangrikste aanbevelings wat in die studie gemaak word is dat getroude paartjies aangemoedig moet word om MIV-voorligting by te woon, hulle te laat toets en hulle status bekend te maak. Dit word ook verder aanbeveel dat MIV/Vigs-gesondheidswerkers spesiale opleiding moet kry in hoe om persone wat MIV-positief is te oorreed om hulle MIV-status bekend te maak. Die studie sluit af deur te wys op die belangrike verwantskap tussen seksuele risikogedrag en die misbruik van alkohol. Daar word sterk gepleit dat die gemeenskap, en veral tienderjariges, bewus gemaak moet word van hierdie gevaar.

Indiana University-Purdue University Indianapolis (IUPUI) / People who have disabilities that are visible often manage the boundaries around private information regarding their disability (Braithwaite, 1991) because the choice becomes how much should be revealed. The purpose of this study is to use Communication Privacy Management (CPM) theory to explore the way people who have a visible disability manage privacy boundaries in communicative interactions and also the way the boundaries around private information are managed over time. The study was conducted through in-depth interviews with seven individuals who have a visible disability about their experiences in managing private information. The individuals described experiences both among other people with a visible disability and with people do not have a disability. Results from a thematic analysis revealed the presence of five main themes and several sub-themes.

The prevalence of the money laundering crime has prompted the introduction of customer due diligence (CDD) measures. CDD measures facilitate the prevention of money laundering and promote the introduction of certain detective skills. Several international institutions champion the introduction of the detective skills in general and the performing of CDD measures in particular. These institutions acknowledge the cumbersome (administrative and financial) effects of introducing the detective skills and the performing of CDD measures. However, these institutions concedes that the aforementioned burden can be alleviated or lessened if the institutions that are responsible for performing CDD measures, i.e. Accountable Institutions (AIs), can exchange and rely on third parties’ (CDD) data. The exchange and reliance on third parties’ data must however consider the divergent threats or risks that might be associated with the data or third parties. The view regarding the exchanging and relying on third parties’ data is shared by, amongst others, the FATF and the UK. However, South Africa appears to be lagging behind in this respect. In other words, the South African FICA and FICA Regulations omit to encapsulate express and lucid provisions permitting the exchanging and relying on third parties’ data for purposes of performing CDD measures. The aforementioned omission, it is argued, creates a legal vacuum in the South African scheme of anti-money laundering. In other words, the aforesaid vacuum lives the South African AIs in a state of doubt regarding the manner and extent of exchanging and relying on third parties’ data. However, the aforesaid vacuum, this study concedes, can be rectified by introduction provisions that are line with the draft Regulation 5A and 5B that are proposed in chapter seven of this study. / Jurisprudence / LL. M.

The position of the whistle-blower is known to be a precarious one, with the whistle-blower often either regarded as a hero or a reprehensible traitor. Various pieces of legislation have attempted to remedy their precarious position, especially within the employment relationship, and in which the whistle-blower more often than not has the most to lose. The study at hand has the specific objective of comparing the position of the whistle-blower in terms of South African Law, against 16 specific measurables, and in comparison with the position of the whistle-blower in New Zealand, Australia (Victoria) and the United Kingdom. In the main, the protection offered to the whistle-blower within the South African context, is embodied within the Protected Disclosure Act 26 of 2000 (hereinafter referred to as the “PDA”).In examining the protection afforded to the whistle-blower in South Africa, it is concluded that the framework involved extends much further than just the mere provisions in the PDA. However, there are admitted challenges in respect of this framework as discussed, both legislative and non-legislative, especially in respect of duties of disclosures placed on persons in circumstances in which concurrent protection is not afforded to the whistle-blower. With reference to the comparison in respect of the measurement parameters set, it was found that the PIDA (UK) meets the least amount of the measurements set, with the PDA A (Australia, Victoria) meeting the most of the measurements; the PDA NZ is equally balanced in meeting and not meeting the measurements and the PDA meeting less of the measurements than not, but still meeting more than the PIDA. It was found that had it not been for the catch-all provision contained in section 4 (1) (b) of the PDA, the PDA would have ranked last. / Mercantile Law / LL. D.

The prevalence of the money laundering crime has prompted the introduction of customer due diligence (CDD) measures. CDD measures facilitate the prevention of money laundering and promote the introduction of certain detective skills. Several international institutions champion the introduction of the detective skills in general and the performing of CDD measures in particular. These institutions acknowledge the cumbersome (administrative and financial) effects of introducing the detective skills and the performing of CDD measures. However, these institutions concedes that the aforementioned burden can be alleviated or lessened if the institutions that are responsible for performing CDD measures, i.e. Accountable Institutions (AIs), can exchange and rely on third parties’ (CDD) data. The exchange and reliance on third parties’ data must however consider the divergent threats or risks that might be associated with the data or third parties. The view regarding the exchanging and relying on third parties’ data is shared by, amongst others, the FATF and the UK. However, South Africa appears to be lagging behind in this respect. In other words, the South African FICA and FICA Regulations omit to encapsulate express and lucid provisions permitting the exchanging and relying on third parties’ data for purposes of performing CDD measures. The aforementioned omission, it is argued, creates a legal vacuum in the South African scheme of anti-money laundering. In other words, the aforesaid vacuum lives the South African AIs in a state of doubt regarding the manner and extent of exchanging and relying on third parties’ data. However, the aforesaid vacuum, this study concedes, can be rectified by introduction provisions that are line with the draft Regulation 5A and 5B that are proposed in chapter seven of this study. / Jurisprudence / LL. M.