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Dirkse van Schalkwyk, Riaan, and Louis P. Krüger. "The potential financial impact and influence of black economic empowerment (BEE) on private higher education institutions in South Africa: management alert." Problems and Perspectives in Management 17, no. 3 (July 25, 2019): 45–56. http://dx.doi.org/10.21511/ppm.17(3).2019.04.
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Education is considered an important pillar of economic development and a vital factor for nation building in post-1994 South Africa. Higher education (HE) is offered by government-subsidized universities and colleges, while there has been an increase in the number of private higher education institutions (PHEIs), which offer more expensive, unsubsidized tertiary education. While all state bodies and public entities are required to apply the provisions of the Broad-Based Black Economic Empowerment (B-BBEE) Act, this is not (yet) seemingly a requirement for PHEIs. This study used an adapted version of the “5 Star” research methodology to explore the potential financial impact and influence of the African National Congress’s (ANC’s) black economic empowerment (BEE) policy on PHEIs. The research shows that the BEE policy has the potential to financially impact and influence most of the components of the total quality service (TQS) framework for PHEIs in terms of preferential procurement from suppliers, company ownership, appointment of executive, middle and junior managers, employment of academic and administrative staff, and throughput of black student graduates. Management at PHEIs should be alerted to the fact that it is probably not merely a matter of IF, but rather WHEN the policy will start impacting on the financial stability and viability of PHEIs as BEE compliance becomes mandatory.
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Shava, Elvin. "Black Economic Empowerment in South Africa: Challenges and Prospects." Journal of Economics and Behavioral Studies 8, no. 6(J) (January 24, 2017): 161–70. http://dx.doi.org/10.22610/jebs.v8i6(j).1490.
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Abstract: The purpose of this paper is to assess if the Black Economic Empowerment act has brought new economic horizons for the historically disadvantaged South Africans, or it has contributed to further impoverishmentof the lower classes in communities. The paper based its argument on an extensive literature review which envisaged that, despite many years of its implementation, BEE has caused the emergence of classes resulting fromfraud and corruption, fronting, difficulties in registering status, political interference, and poor accountability strategies. The paper interrogates the implementation strategies of BEE in the local government context to assess whether historical imbalances have been addressed or not. The paper concludes that the government needs to revisit BEE as an economic empowerment policy to see whether it has benefited the black majority or not. The paper reiterates further that, BEE as a black economic emancipation blueprint requires proper implementation and alignment with other economic policies such as the National Development Plan to accelerate economic opportunities for the black majority. The paper recommends the government of South Africa through local municipalities to exercise monitoring and evaluation in the BEE procurement systems are prerequisites in safeguarding the manipulation and corrupt tendencies arising from the awarding of tenders in the local government.Key words: Black Economic Empowerment, South Africa, Challenges, Prospects
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Mokoena, JKJ, and PJD Lloyd. "A business model to overcome barriers to entry in the South African downstream petroleum industry." Journal of Energy in Southern Africa 16, no. 2 (May 1, 2005): 4–13. http://dx.doi.org/10.17159/2413-3051/2005/v16i2a3182.
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The South African downstream petroleum industry was in the hands of Whites and Multinational Oil Companies during the apartheid era. Many Historically Disadvantaged South Africans (HDSA’s) were excluded from the mainstream industry through, among other instruments, laws passed by the government such as the Petroleum Products Act 120 of 1977. Against this background, the newly elected democratic government instituted a policy process aimed at restructuring and transforming the petroleum industry to allow HDSA’s to enter the industry, in order to achieve sustainable presence, ownership and control of approximately a quarter of the industry by previously disadvantaged individuals. Since the introduction of this process, which culminated in the release of the White Paper on the Energy Policy of the Republic of South Africa (1998), little progress has been made towards achieving this government’s key policy objective. Instead, there is still little entry into the industry by HDSA’s, and the Black Oil Companies (BOC’s) that are in the industry continue to struggle to increase their market share. This paper discusses the possible constraints on achieving the objective, by looking at barriers that impede HDSA’s from entering the industry and BOC’s from increasing their market share significantly. There are three possible categories of barriers in the downstream petroleum industry, namely, economic barriers to entry, noneconomic barriers, and cross-sectoral barriers to entry, which are discussed in this paper. These categories of barriers prevent entry by HDSA’s into the industry and hinder BOC’s from increasing their market share. To circumvent these barriers, and in order to make progress towards achieving the government’s key policy objective of control by approximately a quarter of the HDSA’s, a black economic empowerment model was developed. This model seeks to increase the market share of the BOC’s and the presence of the HDSA’s in the industry in a sustainable way without significantly harming the multinational oil companies. It foresees Government licensing BOC’s to purchase up to 5% of the existing South African fuel demand at an Import Parity Price (IPP) that is significantly less than the Basic Fuel Price (BFP). The reason for this difference is that the BFP is based upon the supply of the totality of South Africa’s needs from elsewhere, whereas the IPP merely supplies up to 5% of South Africa’s needs, and can therefore source the product from refineries that are closer, so reducing the transport component. The impact of the loss of 5% of the internal market for petrol and diesel on the revenues of the MOC’s is less than 0.5%, because the difference between the IPP and BFP is a small fraction of the BFP.
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Wachira, Mumbi Maria. "Broad-based black economic empowerment and CEO racial representation in South Africa." International Journal of Critical Accounting 11, no. 3 (2020): 201. http://dx.doi.org/10.1504/ijca.2020.109244.
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Forbes, Jolette, and Abraham (Braam) Rust. "Responses of selected enterprises to amended broad-based black economic empowerment legislation." Problems and Perspectives in Management 17, no. 1 (April 3, 2019): 360–69. http://dx.doi.org/10.21511/ppm.17(1).2019.31.
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Broad-Based Black Economic Empowerment (B-BBEE) has been the epitome of policy reform pervading South Africa (SA) since 1994, the end of apartheid. Often making media headlines, it inherently arrogates itself to all stakeholders engaged in commerce with/within SA. This article highlights the results of a qualitative study conducted to investigate recent (2013) changes to the B-BBEE legislative landscape in Cape Town (South Africa), with the focus being on one market segment: Qualifying Small Enterprises (QSEs). These enterprises operate within the same realm as Small Medium and Micro Enterprises (SMMEs). The rationale for such a focus stemmed from QSEs/SMMEs seemingly rigid response to B-BBEE legislative change.The study’s findings were in line with the researcher’s precedential assumption upon its initiation: legislative change to Broad-Based Black Economic Empowerment (B-BBEE) for Qualifying Small Enterprises (QSEs) led to non-compliance and impeded transformation goals. The results give rise to a plethora of valuable insights into the dynamics of the industry, not only for strategic direction to be set for/by stakeholders on both a micro and macro level, but also providing a solid foundation relative to further research to be embarked upon – a notion highly advocated in supporting the integration of sustainable transformation in modern South Africa (SA).
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Arya, Bindu, and Balbir Bassi. "Corporate Social Responsibility and Broad-Based Black Economic Empowerment Legislation in South Africa." Business & Society 50, no. 4 (February 27, 2009): 674–95. http://dx.doi.org/10.1177/0007650309332261.
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Wachira, Mumbi Maria. "Broad-based Black Economic Empowerment (B-BBEE) and CEO Racial Representation in South Africa." International Journal of Critical Accounting 1, no. 1 (2020): 1. http://dx.doi.org/10.1504/ijca.2020.10026500.
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Iheduru, Okechukwu C. "Black economic power and nation-building in post-apartheid South Africa." Journal of Modern African Studies 42, no. 1 (March 2004): 1–30. http://dx.doi.org/10.1017/s0022278x03004452.
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This paper evaluates the evolution and the implementation of the ANC government's commitment to fostering a black capitalist class or black economic empowerment (BEE) as a non-racial nation-building strategy. A substantial black bourgeois i.e. and other middle classes begun to emerge over the last decade, contrary to popular perceptions. The legitimating role assigned to the emergent black bourgeoisie by the ANC and the government is, however, threatens to turn the strategy into a nepotistic accumulation. This development is paradoxically threatening to re-racialise the country, widening black inequality gaps, and precluding the rise of a black bourgeoisie with a nurture capitalist agenda. Other equally powerful social groups have begun to challenge the prevailing strategy, compelling the government to explore a more accommodating strategy exemplified by the recent introduction by the government of ‘broad-based economic empowerment’. Should a less patrimonial, less racially and ethnically divisive BEE strategy emerge from this quasi-pluralist power play, such a change holds prospects for the creation of a ‘growth coalition’ capable of sustainable capitalist development and true empowerment of the black majority. That would be a positive development in terms of establishing and consolidating democracy in South Africa.
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Horwitz, Frank M., and Harish Jain. "An assessment of employment equity and Broad Based Black Economic Empowerment developments in South Africa." Equality, Diversity and Inclusion: An International Journal 30, no. 4 (May 3, 2011): 297–317. http://dx.doi.org/10.1108/02610151111135750.
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Akinsomi, Omokolade, Katlego Kola, Thembelihle Ndlovu, and Millicent Motloung. "The performance of the Broad Based Black Economic Empowerment compliant listed property firms in South Africa." Journal of Property Investment & Finance 34, no. 1 (February 1, 2016): 3–26. http://dx.doi.org/10.1108/jpif-09-2014-0061.
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Purpose – The purpose of this paper is to examine the impact of Broad-Based Black Economic Empowerment (BBBEE) on the risk and returns of listed and delisted property firms on the Johannesburg Stock Exchange (JSE). The study was investigated to understand the impact of Black Economic Empowerment (BEE) property sector charter and effect of government intervention on property listed markets. Design/methodology/approach – The study examines the performance trends of the listed and delisted property firms on the JSE from January 2006 to January 2012. The data were obtained from McGregor BFA database to compute the risk and return measures of the listed and delisted property firms. The study employs a capital asset pricing model (CAPM) to derive the alpha (outperformance) and beta (risk) to examine the trend amongst the BEE and non-BEE firms, Sharpe ratio was also employed as a measurement of performance. A comparative study is employed to analyse the risks and returns between listed property firms that are BEE compliant and BEE non-compliant. Findings – Results show that there exists differences in returns and risk between BEE-compliant firms and non-BEE-compliant firms. The study shows that BEE-compliant firms have higher returns than non-BEE firms and are less risky than non-BEE firms. By establishing this relationship, this possibly affects the investor’s decision to invest in BEE firms rather than non-BBBEE firms. This study can also assist the government in strategically adjusting the policy. Research limitations/implications – This study employs a CAPM which is a single-factor model. Further study could employ a multi-factor model. Practical implications – The results of this investigation, with the effects of BEE on returns, using annualized returns, the Sharpe ratio and alpha (outperformance), results show that BEE firms perform better than non-BEE firms. These results pose several implications for investors particularly when structuring their portfolios, further study would need to examine the role of BEE on stock returns in line with other factors that affect stock returns. The results in this study have several implications for government agencies, there may be the need to monitor the effect of the BEE policies on firm returns and re-calibrate policies accordingly. Originality/value – This study investigates the performance of listed property firms on the JSE which are BEE compliant. This is the first study to investigate listed property firms which are BEE compliant.
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Adendorff, C. M., Harvey Keown, and Ric Amansure. "The development of a socio-economic model to promote women’s empowerment initiatives in the renewable energy sector of South Africa." Journal of Energy in Southern Africa 31, no. 2 (June 14, 2020): 34–47. http://dx.doi.org/10.17159/2413-3051/2020/v31i2a6166.
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This study investigates the main contributors that can positively influence the socio-economic empowerment of women in the renewable energy sector in the Republic of South Africa, and recommends new and innovative approaches to mainstream gender in the sector. Empirical evidence showed that ethical leadership positively influences good governance and successful women’s empowerment. The results also indicated that social investment and broad-based black economic empowerment positively influence successful women’s empowerment. Finally, the results indicated that sustainable programmes are a positive contributing factor to good governance. However, the respondents did not consider stakeholder engagement statistically significant to good governance or successful women’s empowerment. This study also has the potential to contribute to the improvement of impoverished communities in South Africa and elsewhere.
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Ngcobo, Raphael, and Watson Ladzani. "Analysis of economic transformation intervention in South Africa - the CA charter." Environmental Economics 7, no. 3 (October 21, 2016): 17–24. http://dx.doi.org/10.21511/ee.07(3).2016.02.
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The purpose of this paper is to conduct an analysis of the chartered accountancy profession sector charter with other sector charters. This is to ascertain if the chartered accountancy profession charter is a workable strategy to address economic transformation within the accountancy profession in South Africa. Desktop research method was used for this paper. Content analysis was used to analyze the chartered accountancy profession’s charters with the aim to ascertain if it is a workable strategy when compared with other sector charters to address the limitation of growth of black people in the chartered accountancy profession. The analysis of the selected sector charters shows that the chartered accountancy sector is committed to economic empowerment in South Africa. This sector has, however, set aggressive targets on employment equity and skills development when compared with the financial and construction sectors. This analysis and comparison is useful in guiding the stakeholders within the accountancy profession in their vision to accelerate the transformation process within the profession. Furthermore, it is hoped that this paper will stimulate substantive discussions around economic transformation strategy designed by government and business to redress economic inequality in South Africa. Keywords: broad-based black economic empowerment, charters, chartered accountancy, sectors, South Africa. JEL Classification: J24, J71
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Swastika, Juggernath, Rampersad Renitha, and Reddy K. "Corporate responsibility for socio-economic transformation: A focus on broad-based black economic empowerment and its implementation in South Africa." African Journal of Business Management 5, no. 20 (September 30, 2013): 8224–34. http://dx.doi.org/10.5897/ajbm11.651.
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Fauconnier, A., and B. Mathur-Helm. "Black economic empowerment in the South African mining industry: A case study of Exxaro Limited." South African Journal of Business Management 39, no. 4 (December 31, 2008): 1–14. http://dx.doi.org/10.4102/sajbm.v39i4.567.
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This paper explores some of the key challenges and opportunities in the implementation of the broad-based black economic empowerment (BBBEE) deal of Kumba Resources, which subsequently led to the formation of Exxaro Limited, a large black-owned mining conglomerate in South Africa. Qualitative data were collected through in-depth interviews with a sample of 11 leaders involved directly in the deal. The data were content-analysed and the findings suggested that BEE transactions faced numerous challenges, including finding sustainable funding, securing suitable investors, merging various cultures, dealing with fronting and leadership, and planning management and leadership succession. The study concluded that the deal led successfully to both the equitable transfer of ownership and management and to the control of financial and economic resources to a wider base of the black population. However, several malpractices were identified which may have impeded the process of achieving the intended outcomes. The article provides recommendations, indicates limitations and proposes a way forward.
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Shai, Lerato, Comfort Molefinyana, and Geo Quinot. "Public Procurement in the Context of Broad-Based Black Economic Empowerment (BBBEE) in South Africa—Lessons Learned for Sustainable Public Procurement." Sustainability 11, no. 24 (December 13, 2019): 7164. http://dx.doi.org/10.3390/su11247164.
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Public procurement is a key instrument in the post-apartheid South African government’s broad-based black economic empowerment (BBBEE), a legislative and policy framework aimed at reversing the country’s legacy of injustice and inequality through pursuing a range of socio-economic objectives that favour the majority black population. This paper employs a theoretical and derived logic model to analyse the design and implementation of BBBEE by means of literature and document review as well as key stakeholder interviews. It seeks to answer two key research questions: (1) has BBBEE achieved its intended outcomes? and (2) what lessons can be drawn from the South African experience for sustainable public procurement? The study finds a significant knowledge gap that precludes definitive conclusions on the impact of BBBEE, largely due to the limited rigorous evidence, particularly evaluations, on whether BBBEE is achieving the desired outcomes. Instead, the paper’s key contribution is the development of a derived logic model that clearly outlines how BBBEE is intended to work and is used to provide insight into how BBBEE has performed against aspects of its intended outcomes. The paper finds that the intervention’s effectiveness has largely been undermined by various challenges and demonstrates that it remains unclear whether BBBEE’s observed achievements have translated into targeted impact of meaningful participation of all black people in the economy. Considering the scale of BBBEE and its implementation for over 16 years, the paper concludes that the limited evidence on how it is performing against its key objectives is both a design and implementation shortcoming.
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Breakfast, Ntsikelelo, Chukwuemeka Okafor, and Gavin Bradshaw. "Market Triumphalism at the Buffalo City and Nelson Mandela Metropolitan Municipalities, South Africa." Africa’s Public Service Delivery and Performance Review 2, no. 4 (December 1, 2014): 22. http://dx.doi.org/10.4102/apsdpr.v2i4.66.
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This article is a critique of neo-liberal inspired policies such as Public-Private Partnerships (PPPs), privatisation of services and Broad-Based Black Economic Empowerment (BBBEE) with specific reference to the Buffalo City and Nelson Mandela Metropolitan Municipalities in the Eastern Cape. The two selected municipalities were chosen because both of them are categorized as metropolitan. This will enable the research to make a comparison of the implementation of PPP, outsourcing of services and BBBEE at these metropoles. The article provides an analysis of both municipalities’ records such as policy documents. The central argument of this article is that the neo-liberal inspired policies of PPP and BBBEE that are being applied through Local Economic Development(LED) are not in the interests of the majority of people living in the Eastern Cape. The researchers argue that the local business and political elites through the BBBEE, PPPs and outsourcing of services are using their strong networks (associated political, social and capital resources) in their efforts for personal accumulation, rather than promoting development for the majority.
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Jahed, M., R. Mirrilees, and D. Modise. "Facilitating the transition from the second to the first economy in South Africa’s rural areas." South African Journal of Economic and Management Sciences 9, no. 3 (June 5, 2014): 393–400. http://dx.doi.org/10.4102/sajems.v9i3.1096.
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Here we describe an economic development programme termed ARISE – an acronym for African Rural Initiatives for Sustainable Environments. The programme has the potential to contribute to the simultaneous achievement of three goals to which South Africa is committed, namely: • job creation, • broad-based black economic empowerment, and • achieving expressed conservation and environmental objectives. The programme is currently being developed in the form of two ongoing pilot projects that, taken together, employ 576 previously jobless people, have created several small enterprises, and are beneficially affecting thousands of hectares of severely degraded land in South Africa’s rural areas (EOI2, 2006). The programme may be categorised in the context of South Africa’s economy as either “economic development” through poverty alleviation and in future perhaps part of the Expanded Public Works Programme (EPWP), and clearly has the potential to enable people in South Africa’s rural areas to make the transition from the “second” (informal) to the “first” (formal) economy. ARISE therefore offers an ideal opportunity for a large-scale rollout across South and southern Africa.
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Irene, B. N. O. "The Macroeconomic Landscape of Post-Apartheid South Africa: A Critical Review of the Effect of the Broad-Based Black Economic Empowerment (BBBEE) Program on the Success of Female SMEs Operators." Journal of Educational and Social Research 7, no. 1 (January 26, 2017): 145–50. http://dx.doi.org/10.5901/jesr.2017.v7n1p145.
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Abstract Previous business research has highlighted the impact of government policy in the processes of formulating business strategies and in the decision-making process of organizations. In the South African context, a review of this impact on organizational strategy is for the most part important especially after the fall of apartheid as businesses have been saddled with widespread institutional change the purpose of which is to redress historic inequalities that characterized the apartheid regime. Specifically, the introduction of a far-reaching B-BBEE policy aimed at increasing participation of PIDs in economic activities. Previous researchers have been focused on the impact of B-BBEE policy on mergers and acquisitions, strategic decisions and value chain structures, as well as ROEs. The current report from STATS-SA indicates that the failure rate for women-owned businesses remains at a high rate despite the implementation of the B-BBEE policy. Therefore, research on the impact of BBBEE on business strategy and success of female SMMEs operators may provide an accurate and deep understanding that will be beneficial to policymakers because of the social pressures to emphasis more on a 'broad-based' BEE (B-BBEE) policy aimed at increasing the participation of the black population (and in particular women) in economic activities as well as increasing the number of black ownership in businesses or creating employment for the black population. This study used appropriate data tools and techniques to analyze the data drawn from a sample of female entrepreneurs in South Africa. The study applies culturally instantiated facets of the debate on gender entrepreneurship as part of a detailed and empirically sophisticated consideration of the status of female entrepreneurship within South Africa. This paper involves an in-depth survey using the ten dimensions of business performance as a basis to study small South African women-owned businesses given that the approach is useful in the development of a theory in fields where not much research has been undertaken. The businesses studied for this research are based on a setting where B-BBEE program is a principal factor in the strategic framework of the South African female business owner. This paper contributes to existing literature on the implications of the BBBEE program on SMEs by studying the relationship between business strategies, outcomes, and the B-BBEE program.
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Botha, Doret. "Barriers to Career Advancement of Women in Mining: A Qualitative Analysis." African Journal of Employee Relations (Formerly South African Journal of Labour Relations) 41 (January 19, 2018): 15–32. http://dx.doi.org/10.25159/2520-3223/3766.
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In recent years, various initiatives, protocols and legislation have been developed globally to promote gender equality and address existing discrimination against women. South Africa is no exception to this trend. In the global mining industry, equal opportunity and mining legislation introduced by various countries, including South Africa, have opened up former bastions, such as mining, to women.Since the introduction of the Mineral and Petroleum Resources Development Act 28 of 2002 and the accompanying Broad-Based Socio- Economic Empowerment Charter, in 2004, the number of women in the mining industry has increased significantly. However, the “gender issue†still remains contentious and very problematic in the industry and women are still subjected to various challenges.This article aims to reveal the barriers women encounter in the industry. This study adopted a qualitative research design. Data were collected by means of semi-structured individual and group interviews. The research findings show that women are subjected to social, physiological, structural and employment barriers. Therefore, it is of paramount importance that the relevant government departments, top and senior management in the mining industry, as well as human resource managers and employment relations practitioners embrace and support a clear-cut vision of gender diversity in the industry.
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Rautenbach, Christa. "Editorial." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 18, no. 3 (February 12, 2016). http://dx.doi.org/10.17159/1727-3781/2015/v18i3a591.
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This edition of PER consists of eight contributions; six articles and two notes. In the first article, Angelo Dubeanalyses the interaction amongst African States that eventually led to the development of universal jurisdiction regulations within their individual legal systems to determine if one can say that there is indeed an African signature in those legal rules. Anél Ferreira-Snyman deals with the rapid development of space technology and space flight which has rendered article IV of the Outer Space Treaty dealing with the military use of outer space outdated and in dire need of change. Moses Phooko's article investigates whether the Southern African Development Community (SADC) Tribunal has jurisdiction to deal with cases involving allegations of human rights violations. Analogous to the situation of Chinese people in South Africa who chose to be defined as "Black People" in terms of the Employment Equity Act 55 of 1998 as well as the Broad Based Economic Empowerment Act 53 of 2003, Enyinna Nwauche examines the possibility that people living under a system of customary law may change their legal system by choosing another one. The last two articles, written in two parts by Andre Louw, deals with theEmployment Equity Act 55 of 1998. In the first part, he critically examines the organising principle of the affirmative provisions of this Act and assesses if it is in line with the constitutional requirements for a legitimate affirmative action programme or measure. In the second part, he critically evaluates the Constitutional Court judgment inSouth African Police Service v Solidarity obo Barnard 2014 6 SA 123 (CC), and highlights what he thinks the biggest areas of disappointment of this judgment are within the context of South Africa’s equality jurisprudence.In the first of two notes, Zsa-Zsa Boggenpoel analyses the Constitutional Court's use of the common law remedy ofmandament van spolie in Ngqukumba v Minister of Safety and Security 2014 5 SA 112 (CC). In the second note and last contribution of this edition, Petronell Kruger discusses the case of Western Cape Forum for Intellectual Disability v Government of the Republic of South Africa 2011 5 SA 87 (WCC), which dealt with the challenges faced by persons with disabilities relating to access to education in South Africa.
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Rautenbach, Christa. "Editorial." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 18, no. 3 (February 12, 2016). http://dx.doi.org/10.17159/1727-3781/2015/v18i3a592.
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This edition of PER consists of eight contributions; six articles and two notes. In the first article, Angelo Dubeanalyses the interaction amongst African States that eventually led to the development of universal jurisdiction regulations within their individual legal systems to determine if one can say that there is indeed an African signature in those legal rules. Anél Ferreira-Snyman deals with the rapid development of space technology and space flight which has rendered article IV of the Outer Space Treaty dealing with the military use of outer space outdated and in dire need of change. Moses Phooko's article investigates whether the Southern African Development Community (SADC) Tribunal has jurisdiction to deal with cases involving allegations of human rights violations. Analogous to the situation of Chinese people in South Africa who chose to be defined as "Black People" in terms of the Employment Equity Act 55 of 1998 as well as the Broad Based Economic Empowerment Act 53 of 2003, Enyinna Nwauche examines the possibility that people living under a system of customary law may change their legal system by choosing another one. The last two articles, written in two parts by Andre Louw, deals with theEmployment Equity Act 55 of 1998. In the first part, he critically examines the organising principle of the affirmative provisions of this Act and assesses if it is in line with the constitutional requirements for a legitimate affirmative action programme or measure. In the second part, he critically evaluates the Constitutional Court judgment inSouth African Police Service v Solidarity obo Barnard 2014 6 SA 123 (CC), and highlights what he thinks the biggest areas of disappointment of this judgment are within the context of South Africa’s equality jurisprudence.In the first of two notes, Zsa-Zsa Boggenpoel analyses the Constitutional Court's use of the common law remedy ofmandament van spolie in Ngqukumba v Minister of Safety and Security 2014 5 SA 112 (CC). In the second note and last contribution of this edition, Petronell Kruger discusses the case of Western Cape Forum for Intellectual Disability v Government of the Republic of South Africa 2011 5 SA 87 (WCC), which dealt with the challenges faced by persons with disabilities relating to access to education in South Africa.
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Mangaroo-Pillay, S., and D. Botha. "An exploration of women's workplace experiences in the South African mining industry." Journal of the Southern African Institute of Mining and Metallurgy 120, no. 8 (2020). http://dx.doi.org/10.17159/2411-9717/1099/2020.
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SYNOPSIS Historically, the mining industry, on a global level, was male-dominated, as many governments had prohibited women from working at mines, particularly underground. In South Africa, the government introduced the Mineral and Petroleum Resources Development Act (No. 28 of 2002) (MPRDA) and the Broad-based Socio-economic Empowerment Charter to address the imbalances and rectify previous inequalities in the mining industry. Since the inception of MPRDA, women's representation in the South African mining industry has increased, from 3% in 2002 to 15% in 2018. Although government has good intentions, gender equality in the mining industry remains a challenge. Research on women employed in South African mines revealed that women still face barriers to some extent. This research explores women's current workplace experiences in the South African mining industry. A literature review and an empirical study were conducted. The study followed a positivistic research approach, and a quantitative research design was used. Self-administered questionnaires were distributed at the 8th Annual Women in Mining Conference in February 2017. Based on the data obtained, it became evident that several aspects must still be addressed to successfully accommodate women in the mining workplace. The study offers practical recommendations that can be implemented by mining organizations to improve women's workplace experiences in order to encourage and foster transformation in the mining industry. Keywords: gender, mining industry, mining legislation, South Africa, women in mining.
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Notshulwana, Koliswa. "Prospects and Challenges of Radical Economic Transformation." Commonwealth Youth and Development 15, no. 2 (January 2, 2019). http://dx.doi.org/10.25159/1727-7140/4405.
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In 2014, the then president of South Africa, Mr Jacob Zuma, delivered his State of the Nation Address in Parliament and promised that economic transformation would take centre stage. This promise was made against the backdrop of transformation having stalled and difficulties being experienced in reducing social inequality and poverty. He called on social partners to debate the issue of wage inequality and the possibility of instituting a national minimum wage to reduce income inequalities. He promised that the structure of the economy would be transformed through industrialisation and broad-based black economic empowerment and through strengthening and expanding the role of the state in the economy. However, these commitments have not been kept and remain under threat given the extent of corruption in national government departments and state-owned enterprises (SOEs). The revelations in the financial reports of the Public Protector and the Auditor-General on SOEs raise key questions relating to the role of the national government departments and SOEs in driving radical economic transformation. A fundamental and radical change is required if the economy is to be run to the benefit of all poor South Africans, the majority of whom are black people. One possibility is to institute ethical leadership and an executive that is accountable. Twenty-three years into freedom and democracy, and the majority of South Africans, black people in particular, are still economically disempowered. This is a concern given the developmental objectives of government as espoused in its National Development Plan (NDP) 2030. As long as the country continues to battle with the persistent triple challenge of poverty, unemployment and inequality, radical economic transformation remains a pipe dream. Considering the current state of affairs, the objective of radical economic transformation (i.e. to place the economy on a qualitatively different path that ensures more rapid and sustainable growth, higher investment, increased employment, reduced inequality and the deracialisation of the economy) is far-fetched. Any political posture not aimed at giving effect to the NDP, the New Growth Path and the Industrial Policy Action Plan to stimulate growth, employment and the re-industrialisation of the South African economy will not lead to radical economic transformation.
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Chekenya, Nixon S., and Shingirai Sikomwe. "Skin color and investment performance in South Africa's mutual funds industry." Review of Behavioral Finance ahead-of-print, ahead-of-print (September 29, 2020). http://dx.doi.org/10.1108/rbf-05-2020-0115.
Full textAbstract:
PurposeUsing data for the period 1965–2016, we investigate whether there are systematic differences between the investment performance of Black fund managers and those of other races in South Africa and whether investors recognize these differences. The two-tailed test results show that there is no significant difference between the two means considering the 12 months yield return at a hypothesized mean difference of zero. There is no statistical difference at 5% level of significance implying that the performance of Black fund managers is as equally as that of managers of other races. Our results also show that the percentage of Black fund managers in South Africa is still too low even as the workforce gets diverse. There's no single explanation for what is happening in this industry. The findings cannot be explained by differences in fund characteristics such as age, total assets under management or expenses or from the performance lenses. The results seem hard to reconcile with an explanation of differences in portfolio characteristics such as return volatility or market, size, value and momentum exposures.Design/methodology/approachWe test the glass cliff hypothesis by employing conditional logistic regression (CLR). The approach enables the use of case/control style of analysis where White/majority fund managers are the control population and professional minorities are the case group. The selection of these as fund managers is our event or outcome variable. To test savior effect hypothesis, we employ analysis of variance (ANOVA). The technique enables us to compare variances between the groups: when a White male fund manager replaces a professional minority, when a White male fund manager replaces a White male fund manager and when a professional minority replaces a professional minority.FindingsOur analyses so far have documented a woeful underrepresentation of Black fund managers in South Africa's mutual funds industry. We explore potential explanations for these trends. Our analysis is meant to be suggestive. Are Blacks, women, people of color and ethnic minorities finding success in the investment industry? Are they having rewarding and fulfilling careers? Or is the industry still homogenous (just a White man's world) with a thin veneer of diversity layered on for public relations effect? The percentage of Black fund managers in South Africa is still too low even as the workforce gets diverse. There is no single explanation for what is happening in this industry. The findings cannot be explained by differences in fund characteristics such as age, total assets under management or expenses or from the performance lenses. Also, the results seem hard to reconcile with an explanation of differences in portfolio characteristics such as return volatility or market, size, value and momentum exposures.Research limitations/implicationsThe two-tailed test results show that there is no significant difference between the two means considering the 12 months yield return at a hypothesized mean difference of zero. There is no statistical difference at 5% level of significance. Our results so far establish that, ceteris paribus, the performance of Black fund managers is as equally as that of managers of other races.Practical implicationsThe two-tailed test results show that there is no significant difference between the two means considering the 12 months yield return at a hypothesized mean difference of zero. There is no statistical difference at 5% level of significance. Our results so far establish that, ceteris paribus, the performance of Black fund managers is as equally important as that of managers of other races.Social implicationsThe two-tailed test results show that there is no significant difference between the two means considering the 12 months yield return at a hypothesized mean difference of zero. There is no statistical difference at 5% level of significance. Our results so far establish that, ceteris paribus, the performance of Black fund managers is as equally important as that of managers of other races.Originality/valueThis paper investigates whether there are systematic differences between the investment performance of Black fund managers and those of other races in South Africa and whether investors recognize these differences. Our hypothesis is that due to Broad-Based Black Economic Empowerment (BBBEE) laws in the country and possibly, due to a perception of discrimination in the market, it is only Black fund managers with superior fund management skills that enter the profession. As such, we expect to find superior performance among Black fund managers. We also conjecture that investors recognize this phenomenon and reward Black fund managers with more fund flows and more investment mandates than others.