Academic literature on the topic 'Contracts, africa'
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Journal articles on the topic "Contracts, africa"
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Webster, Natasha Alexandra, and Martina Angela Caretta. "“Women in groups can help each and learn from each other”: The role of homosocial practices within women’s social networks in building local gender contracts." Multidisciplinary Journal of Gender Studies 5, no. 3 (October 25, 2016): 1072. http://dx.doi.org/10.17583/generos.2016.1992.
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Feminist scholars struggle to articulate gender relations in different contexts. Using the concept of local gender contract - a place specific agreement of gender relations, we explore how women’s networks challenge or shift gender contracts in their communities. Based on two empirical case studies of women´s groups from Eastern Africa and Thai migrants in Sweden, we show gender contracts are challenged through women’s homosocial activities. We highlight tensions between gender contracts and the women’s goals revealing a complicated process of assent and resistance. This study expands gender contract theoretically and provides a way to understand vulnerable women’s activities.
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Porter, Gina, and Kevin Phillips-Howard✠. "Comparing contracts: An evaluation of contract farming schemes in Africa." World Development 25, no. 2 (February 1997): 227–38. http://dx.doi.org/10.1016/s0305-750x(96)00101-5.
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Moritz, Mark, Kristen Ritchey, and Saïdou Kari. "The social context of herding contracts in the Far North Region of Cameroon." Journal of Modern African Studies 49, no. 2 (April 26, 2011): 263–85. http://dx.doi.org/10.1017/s0022278x11000048.
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ABSTRACTDroughts across Africa have led to a shift in livestock ownership from impoverished pastoralists to absentee owners who contract hired herders to manage their animals. The assumption has been that these contracts are exploitative and negatively affect herd and rangeland management. We conducted an ethnographic study of a mobile pastoral system in the Far North Region of Cameroon to examine whether herding contracts provide sustainable livelihoods and allow herders to rebuild their herds. We found considerable variation in contracts and livelihoods, and argue that the social organisation of herding contracts may explain why they have no negative impact on herd and rangeland management.
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Calitz, K. "Globalisation, the Development of Constitutionalism and the Individual Employee." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 10, no. 2 (July 4, 2017): 1. http://dx.doi.org/10.17159/1727-3781/2007/v10i2a2805.
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Summary To establish which legal system will govern the relationship between parties involved in an international employment contract, the rules of private international law (or conflict of laws) must be applied. Each country has its own rules of private international law and each country’s courts will apply its own rules if the court is seized with a matter that involves foreign elements. There may be conflict between the potentially applicable legal systems of countries in terms of the level of protection afforded to employees who are parties to international employment contracts. South Africa has constitutionalised the right to fair labour practices and the question is whether this right is applicable to South African employees working in other countries, or to foreigners working in South Africa who originate from countries where this right is not protected. The answer to this question is to be found in the influence of the Constitution on the rules of private international law as applied by South African courts. It is evident from recent judgments of the Labour Court that the Court will readily assume jurisdiction and will furthermore readily hold that the proper law of the contract is South African law in order to protect the constitutional rights of employees involved in international employment contracts. Had the Labour Court held that the place of performance was still the decisive connecting factor, (as previously decided in most South African cases on thisaspect) the law of the other countries involved in the international employment relationship could have left employees in a worse position than under South African law. This possibility seems to be one of the important underlying reasons for the Labour Court’s willingness to assume jurisdiction and to hold that the proper law was in fact South African law. In the globalisation context the Labour Court has contributed to the advancement of constitutionalism by developing South Africa’s common law rules of private international law to afford constitutional protection to employees involved in international employment contracts.
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Coleman, Theophilus Edwin. "Reflecting on the Role and Impact of the Constitutional Value of uBuntu on the Concept of Contractual Freedom and Autonomy in South Africa." Potchefstroom Electronic Law Journal 24 (March 29, 2021): 1–68. http://dx.doi.org/10.17159/1727-3781/2021/v24i0a8727.
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Private parties have the freedom and autonomy to enter into a contract. This autonomy is deeply rooted in their dignity and personal liberties. Private individuals, in furtherance of their autonomy and freedom to enter into a contract, have certain reasonable expectations, most fundamental of which is the desire that maximum respect is given to their legitimately concluded agreement. The concept of contractual freedom and autonomy connotes the idea that private individuals (natural and juristic) have the liberty to arrange their affairs in a manner that meets their economic interest without governmental inhibition, control and/or interference. However, the operative scope and the practical manifestations of the concept of contractual freedom are circumscribed in the constitutional, statutory, legislative and other socio-cultural orders of States. This article seeks to reflect on the role and influence of the constitutional value of ubuntu on the principle of contractual freedom and autonomy, and the naturally accompanying concepts of pacta sunt servanda and sanctity of contract in South Africa. The article provides an analysis of the judicial interpretation and views on the concept of contractual freedom and autonomy relative to other competing values that underlie the Constitution of the Republic of South Africa. Furthermore, the article appraises the impact of those judicial views on international commercial agreements. The article also discusses the extent to which communitarian values such as the concept of ubuntu have been infused into South African contract law and further reflects on the implication of infusing such communitarian values in both domestic and international contracts. The article concludes with a suggestion that the introduction of traditional African values in South African contract law fundamentally alters the theoretical foundations of the principle of contractual freedom and autonomy in both domestic and international contracts.
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Emmamally, Zeenat. "Slapping down SLAPP suits in South Africa: The need for legislative protection and civil society action." South African Law Journal 139, no. 1 (2022): 1–31. http://dx.doi.org/10.47348/salj/v139/i1a1.
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The formation of online contracts has enjoyed considerable judicial and academic attention in American law. Generally, American courts are of the view that the rise of online contracts has not necessitated any changes to the fundamental principles of the law of contract, although commentators argue that the enforcement of online contracts has stretched the requirement of mutual assent beyond recognition. This article engages in a comparative evaluation of these arguments, as well as some proposals contained in the American Law Institute’s Draft Restatement of the Law, Consumer Contracts. Ultimately, the aim is to identify whether the principles regarding the formation of contracts in South African law ought to be adapted or supplemented to accommodate online contracts. It is found that both legal systems subscribe to fairly lenient formation requirements. The possibility of recognising more stringent assent-related requirements, such as imposing specific disclosure requirements, is investigated. It is concluded that there is little to be gained by insisting on stricter formation requirements for online contracts in general, because consumers rationally choose not to read these contracts. Instead, recognising these concerns may provide the impetus for increased reliance on other forms of control, most notably regulating the use of certain problematic standard terms.
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Steyn, Derik, and Pierre Mostert. "Contracts versus relationship intention as indicator of customer trust in and commitment to cell phone service providers." Management 27, no. 1 (June 22, 2022): 167–90. http://dx.doi.org/10.30924/mjcmi.27.1.10.
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Social exchange theory postulates long-term customer-company relationships are built on trust and commitment. Cell phone service providers seek to secure the trust and commitment of their customers through service contracts. Relationship intention (RI) is a more precise measure of customer trust and commitment. This paper compares the trust of cell phone service customers and their commitment to cell phone service providers based on customers’ contract status and RI classification. Data from 1,473 cell phone customers from South Africa (n = 589) and the Philippines (n = 884) were analyzed. The study shows for both the South African and Philippine samples that there is no relationship between respondents’ contract status and their trust in or commitment to cell phone service providers and that trust in or commitment to cell phone service providers is significantly higher among high relationship intention (HRI) customers than among low relationship intention (LRI) customers. RI is a stronger indicator of customers’ trust in and commitment to cell phone service providers than contracts in both countries. This makes HRI customers more receptive to relationship marketing strategies than customers with contracts or LRI customers, as HRI customers trust and commit to cell phone service providers significantly more.
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Huysamen, Elsabé. "An Overview of Fixed-Term Contracts of Employment as a Form of A-typical Employment in South Africa." Potchefstroom Electronic Law Journal 22 (October 11, 2019): 1–42. http://dx.doi.org/10.17159/1727-3781/2019/v22i0a4605.
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A fixed-term employment contract is an example of atypical or non-standard employment. Fixed-term appointments can have many benefits when utilised for proper and lawful reasons. These contracts are frequently abused, however, by unscrupulous employers and are generally regarded as providing less security to employees than permanent employment. The article considers the general use of fixed-term contracts and addresses selected issues pertaining to the 2014 amendments to the Labour Relations Act 66 of 1995 in as far as these contracts are concerned. The article also considers the potential effect these amendments might have on common historic problems associated with fixed-term contracts and highlights certain unresolved problem areas and uncertainties.
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Atiase, Victor Yawo, Samia Mahmood, Yong Wang, and David Botchie. "Developing entrepreneurship in Africa: investigating critical resource challenges." Journal of Small Business and Enterprise Development 25, no. 4 (August 13, 2018): 644–66. http://dx.doi.org/10.1108/jsbed-03-2017-0084.
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Purpose By drawing upon institutional theory, the purpose of this paper is to investigate the role of four critical resources (credit, electricity, contract enforcement and political governance) in explaining the quality of entrepreneurship and the depth of the supporting entrepreneurship ecosystem in Africa. Design/methodology/approach A quantitative approach based on ordinary least squares regression analysis was used. Three data sources were employed. First, the Global Entrepreneurship Index (GEI) of 35 African countries was used to measure the quality of entrepreneurship and the depth of the entrepreneurial ecosystem in Africa which represents the dependent variable. Second, the World Bank’s data on access to credit, electricity and contract enforcement in Africa were also employed as explanatory variables. Third, the Ibrahim Index of African Governance was used as an explanatory variable. Finally, country-specific data on four control variables (GDP, foreign direct investment, population and education) were gathered and analysed. Findings To support entrepreneurship development, Africa needs broad financial inclusion and state institutions that are more effective at enforcing contracts. Access to credit was non-significant and therefore did not contribute to the dependent variable (entrepreneurship quality and depth of entrepreneurial support in Africa). Access to electricity and political governance were statistically significant and correlated positively with the dependent variables. Finally, contract enforcement was partially significant and contributed to the dependent variable. Research limitations/implications A lack of GEI data for all 54 African countries limited this study to only 35 African countries: 31 in sub-Saharan Africa and 4 in North Africa. Therefore, the generalisability of this study’s findings to the whole of Africa might be limited. Second, this study depended on indexes for this study. Therefore, any inconsistencies in the index aggregation if any could not be authenticated. This study has practical implications for the development of entrepreneurship in Africa. Public and private institutions for credit delivery, contract enforcement and the provision of utility services such as electricity are crucial for entrepreneurship development. Originality/value The institutional void is a challenge for Africa. This study highlights the weak, corrupt nature of African institutions that supposedly support MSME growth. Effective entrepreneurship development in Africa depends on the presence of a supportive institutional infrastructure. This study engages institutional theory to explain the role of institutional factors such as state institutions, financial institutions, utility providers and markets in entrepreneurship development in Africa.
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Mohamed, Raeesah, Karunanidhi Reddy, and P. M. Naidoo. "The Implications of Consumer Protection Legislation for Hotels and Guests in South Africa." Journal of Economics and Behavioral Studies 9, no. 2(J) (May 18, 2017): 33–45. http://dx.doi.org/10.22610/jebs.v9i2(j).1648.
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During the apartheid era, consumers in South Africa, based on their race and ethnicity, were restricted when concluding contracts, as there was no open market trade. As consumers, hotel guests could also be victims of unfair business practices. Hotels use standard form contracts that may include unfair terms that favour the business and which are over-protective of business interests. A significant percentage of the population have low literacy levels, which severely disadvantage them when it comes to understanding the content and consequence of contracts. The Consumer Protection Act (CPA) introduces wide-ranging legal measures to protect consumers, including hotel guests, from exploitation and abuse in the marketplace and sets out comprehensive obligations for hotels. This article provides a descriptive critique based on literature and describes the challenges faced by hotel guests and discusses the implications of the Act for hotels and guests. It concludes that not only does the CPA advocate ethical business practices that are mandatory for hotels, but it also introduces a range of rights and protection for guests as consumers. The CPA has introduced a shift in contract law from a standpoint which allowed the parties the freedom to choose the content of the contract to one where fairness and transparency is imperative, as protection in terms of legislation compensates for the weaker bargaining position of the consumer.
Dissertations / Theses on the topic "Contracts, africa"
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Van, Eck Michele Marié. "The Drafting of Contracts in South Africa." Thesis, University of Pretoria, 2015. http://hdl.handle.net/2263/52340.
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The drafting of contracts is mostly viewed as a practical process. Both contractual practices and theoretical sources imply that contract drafting entails no more than the mastering of language. Drafting practices have diluted the understanding of why drafters do what they do in contracts. These practices include the use of precedents in a one-size-fits-all approach and the cutting, copying and pasting of clauses when using so-called standard provisions.Thesis (LLD)--University of Pretoria, 2015.
tm2016
Private Law
LLD
Unrestricted
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Slater, Henry John. "The distinction between a contract of employment and a contract with an independent contractor." Thesis, University of Port Elizabeth, 2001. http://hdl.handle.net/10948/276.
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The purpose of this treatise was to determine the distinction between the contract of service (employment) and the contract of work (independent contractor). A comprehensive literary survey was undertaken so as to establish if such a distinction does indeed exist. A logical point of departure was to study the contract of service and determine how the employment relationship is established by it. It is also necessary to establish under what circumstances a contract may be terminated and what the rights and obligations of the parties to the contract were. The contract between the parties will determine remedies to the breach of contract or applicability of labour legislation. It is also necessary to establish the definition of an employee under various statutes so as to understand what remedies exist should rights be infringed upon. Statutes considered include the Constitution of the Republic of South Africa, Labour Relations Act, Basic Conditions of Employment Act, Employment Equity Act, Unemployment Insurance Act, Compensation for Occupational Injuries and Diseases Act, Skills Development Act and the Income Tax Act. The effect of insolvency of the employer on the employee is also discussed. Outsourcing has played a major role in the emergence of the independent contractor. This phenomenon is considered from the point of the employer in terms of the reasons for choosing the option of outsourcing and the associated risks. The employee perspective is also dealt with in terms of why an employee would change his/her employment status. The various tests historically applied to determine the status of a worker is also discussed. These include the control, organisation, dominant impression and economic tests. Currently the dominant impression test is the one that is being applied to determine the employment relationship. Extensive reference was made to case law. United States of America cases are referred to with specific reference to the 20 Factor Test applied by the Internal Revenue Service. South African case law is dealt wit in terms of enforcement of Bargaining Council agreements, commission-earning persons, payment for services rendered, the intention of the parties and the identity of the true employer. The emergence of the dependent contractor is also addressed. This form of worker normally falls outside of the protection of labour legislation and social security. Amendments have been proposed to various statutes to remedy the situation in South Africa. A final aspect that is dealt with is that of vicarious liability. The applicability of this aspect lies in the liability of the employer for damages inflicted by the employee.
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Jindal, Bhavin. "The Chinese Dragon Lands in Africa: Chinese Contracts and Economic Growth in Africa." Scholarship @ Claremont, 2017. http://scholarship.claremont.edu/cmc_theses/1564.
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China has been increasingly sending more contracts to work on projects in Africa. This study tests the effects of Chinese contracts on economic growth in 50 African countries as well as the correlation between Chinese contracts and other economic indicators. The paper uses data from the World Bank and National Bureau of Statistics of China starting from 2000-2015. This study finds that from 2000 to 2015, Chinese contracts have not been significant in economic growth of all African countries. The analysis does find that Chinese contracts are significant to economic growth when considering only the top five countries who have received the most contracts on average.
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Naude, Tjakie. "The legal nature of preference contracts." Thesis, Stellenbosch : Stellenbosch University, 2003. http://hdl.handle.net/10019.1/53655.
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Thesis (LLD)--Stellenbosch University, 2003.ENGLISH ABSTRACT: The various constructions of rights of pre-emption encountered in South African case law all have some merit. This is confirmed by the multiplicity of types of preference contracts encountered in German law especially. The tendency of South African courts and writers to portray one approach as the only correct one to the exclusion of all other views, results in tension and confusion, all the more because of the failure to investigate the relevant policy considerations comprehensively. The confusion is compounded by what amounts to a breakdown of the system of precedents with judgments being based on incorrect interpretations of previous decisions and with scant regard for contrary decisions. No certainty exists regarding the construction of the contractual right of pre-emption in Roman and Roman-Dutch law, nor is it clear what figure or figures were received into South African law. The Germanic concept of tiered ownership that forms the historical basis for the Oryx remedy, does not form part of our law. This accounts for the difficulty that courts and writers have in explaining this remedy in terms of Romanist terminology, and the resort to the language of fiction. German law and English law, relied upon in South African case law, do not support a uniform construction of all rights of pre-emption as creating an enforceable duty to make an offer upon manifestation of a desire to sell. The almost unanimous support of US courts for a remedy by which the holder can ultimately obtain performance of the main contract upon conclusion of a contract with a third party, challenges the hypothesis suggested by German law that the default construction of preference contracts should be the bare preference contract which only creates a negative obligation. The very cryptic way in which rights of pre-emption are normally drafted, makes it difficult to even identify the main purpose of the parties. It is therefore not easy to classify preference contracts into the different types identified in this study as notional possibilities. A default regime is therefore highly desirable in the interest of legal certainty. The choice of a default regime should be made on the basis of recognised policy considerations, particularly on the basis of an equitable balancing of typical parties' interests and in view of communal interests balanced against the demand for legal certainty. The choice of default regime cannot be based merely on historical authority or precedent (which is in any event unclear in the present context) or unsubstantiated claims that one model is more logical or commercially useful than another. When rules are chosen as the default regime, these rules must, as far as possible, be reconciled with the existing conceptual structure of our law to prevent contradictions and inconsistencies. A policy analysis reveals that three default types of preference contract should be recognised, each with a clearly delineated field of application. Firstly, where the agreement allows the grantor to contract with a third party, the holder has the right to contract with the grantor at the terms agreed with the third party. Such a preference contract can therefore be regarded as an option conditional upon conclusion of a contract with a third party. Such contracts are rare in South Africa. In other cases, the default rule should be that the grantor must first give the holder an opportunity to contract before he contracts with a third party. The default construction of this latter type of preference contracts depends on whether the preference contract itself predetermines the main contract price. If so, the holder has a right or option to contract at that price upon any manifestation of a desire to conclude the relevant type of contract. However, where the preference contract does not predetermine the price, or refers to a price that the grantor would accept from third parties, any manifestation of a desire to sell should not be sufficient to trigger the holder's right. The grantor and society have an interest in having her freedom to negotiate with third parties to obtain the best possible price curtailed as little as possible. In such cases, the default rule should be that the holder is only entitled to conclusion of the main contract upon breach in the form of a contract with or offer to a third party. The default rule should also be that such preference contracts - which will be treated as ordinary preference contracts - only terminate upon the grantor actually contracting with and performing to a third party within a reasonable time after the holder declined the opportunity to match those terms, and provided the identity of the third party was disclosed to the holder on request. The holder therefore cannot lose his preferential right by a rejection of an outrageously high offer by the grantor. Options and preference contracts are closely related and overlapping concepts. The type of preference contract that grants a conditional right to contract can often be understood as a conditional option (or at least as a conditional option subject to a resolutive condition that the grantor does not want to contract anymore). The traditional distinction between options and rights of first refusal can only be maintained in respect of some types of preference contracts. These are negative or bare preference contracts which only give rise to remedies aimed at restoring the status quo ante the breach, as well as those preference contracts creating conditional rights to contract which courts refuse to treat as conditional options because their wording implies a duty to make or accept an offer, or because the requirement of certainty precludes them from being options.
AFRIKAANSE OPSOMMING: Die verskillende konstruksies van voorkoopsregte aanvaar III Suid-Afrikaanse beslissings het almal meriete. Dit word bevestig deur die verskillende tipes voorkoopskontrakte wat veral in die Duitse reg erken word. Die neiging van Suid- Afrikaanse howe en skrywers om een benadering as die enigste korrekte een te tipeer veroorsaak spanning en onsekerheid, des te meer weens die versuim om die relevante beleidsoorwegings deeglik te ondersoek. Boonop is die presedentestelsel telkens verontagsaam deur verkeerde interpretasies van vorige uitsprake en deurdat teenstrydige uitsprake bloot geïgnoreer is. Geen sekerheid bestaan oor die konstruksie van die kontraktuele voorkoopsreg in die Romeinse of Romeins-Hollandse Reg nie. Dit is ook nie duidelik watter figuur of figure in die Suid-Afrikaanse reg geresipieer is nie. Die Germaanse konsep van gesplitste eiendomsreg wat die historiese basis van die Oryx-meganisme daarstel, vorm nie deel van ons reg nie. Dit verduidelik hoekom howe en skrywers sukkel om dié remedie te verduidelik aan die hand van Romanistiese verbintenisreg-terminologie, en die gevolglike gebruikmaking van fiksie-taal. Die Duitse en Engelse reg waarop gesteun is in Suid-Afrikaanse regspraak, steun nie 'n uniforme konstruksie van alle voorkoopsregte as behelsende 'n afdwingbare plig om 'n aanbod te maak by enige manifestasie van 'n begeerte om te verkoop nie. Die byna eenparige steun van Noord-Amerikaanse howe vir 'n remedie waarmee die voorkoopsreghouer uiteindelik prestasie van die substantiewe kontrak kan kry by sluiting van 'n kontrak met 'n derde, is 'n teenvoeter vir die hipotese gesuggereer deur die Duitse reg dat die verstekkonstruksie van voorkeurkontrakte behoort te wees dat slegs 'n negatiewe verpligting geskep word. Die kriptiese wyse waarop voorkeurkontrakte normaalweg opgestel word, maak dit moeilik om selfs die hoofdoelstelling van die partye te identifiseer. Dit is daarom nie maklik om voorkeurkontrakte te klassifisieer in die verskillende tipes wat in hierdie studie geïdentifiseer is nie. 'n Verstekregime is daarom wenslik in die belang van regsekerheid. Die keuse van verstekregime behoort gemaak te word op die basis van erkende beleidsoorwegings, spesifiek op die basis van 'n billike balansering van tipiese partybelange en in die lig van gemeenskapsbelange gebalanseer teen die vereiste van regsekerheid. Die keuse van verstekregime kan nie gebaseer word bloot op historiese gesag en vorige beslissings nie (wat in elk geval in die huidige konteks onduidelik is). Dit kan ook nie gebaseer word op ongemotiveerde aansprake dat een model meer logies of kommersieël bruikbaar as 'n ander is nie. Wanneer verstekreëls gekies word moet dit, sover moontlik, versoen word met die bestaande begrippe-struktuur van ons reg om teenstrydighede in die sisteem te vermy. 'n Beleidsanalise laat blyk dat drie verstektipes voorkeurkontrakte erken behoort te word, elk met 'n duidelik afgebakende toepassingsveld. Eerstens, waar die ooreenkoms toelaat dat die voorkeurreggewer eers met 'n derde party kontrakteer, het die voorkeurreghouer 'n opsie om te kontrakteer op die terme ooreengekom met die derde. Die voorkeurkontrak kan daarom beskou word as 'n opsie onderhewig aan die voorwaarde van sluiting van 'n kontrak met 'n derde. Sulke kontrakte is raar in Suid- Afrika. In ander gevalle behoort die verstekreël te wees dat die voorkeurreggewer eers die houer 'n geleentheid moet gee om te kontrakteer voordat sy met 'n derde 'n kontrak aangaan. Die verstekkonstruksie van hierdie laasgenoemde tipe voorkeurkontrak hang daarvan af of die voorkeurkontrak self die substantiewe kontraksprys vasstel. Indien wel het die houer die reg of opsie om te kontrakteer teen daardie prys by enige manifestasie van 'n begeerte om die spesifieke soort kontrak te sluit. Maar waar die voorkeurkontrak nie die prys vasstel nie, of verwys na 'n prys wat die gewer sou aanvaar van 'n derde, behoort enige manifestasie van 'n begeerte om te kontrakteer nie genoeg te wees om die houer se reg afdwingbaar te maak nie. Die voorkeurreggewer en die gemeenskap het 'n belang daarby dat die gewer se vryheid om met derdes te onderhandel so min as moontlik beperk word sodat sy die beste moontlike prys kan kry. In sulke gevalle behoort die verstekreël te wees dat die houer slegs geregtig is op die voordeel van die substantiewe kontrak by kontrakbreuk in die vorm van 'n kontrak met of aanbod aan 'n derde. Die verstekreël behoort ook te wees dat sulke voorkeurkontrakte in beginsel slegs beëindig word wanneer die voorkeurreggewer inderdaad kontrakteer met en presteer aan 'n derde binne 'n redelike tyd nadat die voorkeurreghouer die geleentheid gegee is om daardie terme te ewenaar. Dit behoort ook vereis te word dat die identiteit van die derde aan die houer geopenbaar word op sy versoek. Die houer kan dus nie sy voorkeurreg verloor deur nie-aanvaarding van 'n belaglik hoë aanbod deur die voorkeurreggewer nie. Opsies en voorkeurkontrakte is oorvleulende konsepte. Die tipe voorkeurkontrak wat 'n voorwaardelike reg om te kontrakteer verleen kan dikwels verstaan word as 'n voorwaardelike opsie (of minstens as 'n voorwaardelike opsie onderhewig aan 'n ontbindende voorwaarde dat die gewer glad nie meer wil kontrakteer nie). Die tradisionele onderskeid tussen opsies en voorkeurregte kan slegs behou word tov sommige voorkeurkontrakte. Hulle is die "negatiewe" voorkeurkontrakte, wat slegs aanleiding gee tot remedies gemik op herstel van die status quo ante kontrakbreuk sowel as daarde voorkeurkontrakte wat voorwaardelike regte om te kontrakteer skep wat howe weier om as voorwaardelike opsies te behandelomdat hulle bewoording wys op 'n plig om 'n aanbod te maak of te aanvaar, of omdat die vereiste van sekerheid hulle verhoed om opsies te wees.
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Krugel, Louisa Jacoba. "White maize futures contracts in South Africa / Louisa Jacoba Krugel." Thesis, North-West University, 2003. http://hdl.handle.net/10394/340.
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Produsente van landboukommoditeite, veral in ontwikkelende lande, word
blootgestel aan prysrisiko's. Markte vir landboukommoditeite in Suid-Afrika,
soos in die res van die wêreld, is die afgelope aantal jare gekenmerk deur
prosesse van deregulering. Die bemarkingsrade wat aanvanklik
verantwoordelik was vir die bemarking van landbouprodukte, het ontbind en
produsente van landbouprodukte moes nuwe metodes vind om hulle produkte
te bemark. Een van die metodes wat gebruik word, is termynkontrakte.
Witmielies en geelmielies is die twee landboukommoditeite wat in die grootste
hoeveelhede geproduseer word in Suid-Afrika. Witmielies en geelmielies
word as twee afsonderlike kommoditeite verhandel op die termynbeurs.
Witmielies word hoofsaaklik aangewend vir menslike verbruik en geelmielies
vir dierevoer. Hierdie studie fokus hoofsaaklik op witmielies.
Die prys van mielies word beïnvloed deur veranderinge in die vraag daarna
en aanbod daarvan. Faktore wat die vraag en aanbod van mielies beïnvloed
is, onder andere, oesskattings, reënval, die wisselkoers en die pryse van
mielies op die buitelandse mark, veral die markte in die VSA. In Suid-Afrika
vorm die invoerpariteit en uitvoerpariteit 'n band waarbinne die prys van
mielies varieer.
Die doel van hierdie studie is om 'n regressievergelyking te konstrueer ten
einde prys van die witmielietermynkontrakte te verklaar. Die regressie-analise
word deur middel van 'n foutherstellende model met outoregressiewe
foutterme behartig. Die regressie-analise slaag daarin om die prys van
witmielietermynkontrakte te verklaar.Thesis (M.Com. (Economics))--North-West University, Potchefstroom Campus, 2004.
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Johnson, Claire Victoria. "Outsourcing basic municipal services: policy, legislation and contracts." Thesis, University of the Western Cape, 2004. http://etd.uwc.ac.za/index.php?module=etd&.
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Municipalities in South Africa are increasingly outsourcing municipal services, including basic municipal services such as water and sanitation services and refuse collection and disposal. The Constitution places onerous duties on municipalities to respect and promote human rights in the exercise of the powers and the performance of their functions. These duties are particularly prevalent when a municipality is deciding on the optimal service delivery mechanism for basic municipal services. It is thus crucial for the policy and legislative environment regarding municipal outsourcing to be firm and clear and for the municipality to ensure satisfactory implementation of outsourcing projects, including contract management. This thesis examined the policy and legislative framework governing municipal outsourcing and described the general features of a range of current South African outsourcing contracts. It also questioned whether the policy and legislative framework are consistent in their objectives and assessed how these objectives are carried through and translated into the contract drafting and implementation phases of outsourcing.
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Al, Shamsi Abdulla Rashid Obaid. "Arbitration in international administrative contracts and administrative contracts with international dimensions in the UAE." Thesis, Liverpool John Moores University, 2017. http://researchonline.ljmu.ac.uk/7456/.
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This is a study on some controversial legal aspects of resorting to arbitration in disputes concerning administrative contracts with an international dimension – i.e. contracts between public authorities in the United Arab State (UAE) and foreign companies, as well as contracts concluded between local parties but indirectly generate results of international dimensions. In this study, I have adopted a descriptive methodology, meticulously describing the legislative and judicial status in the UAE compared to those of both Egypt and France. In addition, I have also resorted to an analytical approach to provide a concise analysis of the essence of legal provisions guided by the established jurisprudence and judicial opinions. Finally, I used the comparative approach to draw parallels and difference within the legislature and the judiciary between three legal systems, with an eye at making use of relatively advanced legal systems. According to the above, and through utilizing the three research methods mentioned, (the descriptive, analytical and comparative), we attempted to analyze the various relevant jurisprudence and judicial opinions, together with court rulings and legislative provisions. The ultimate objective is to draw scientific results from the detailed evidences drawn from the selected rulings, as well as deciding on the position of both local and international jurisprudence and judiciary on this regard. This is to consolidate the theoretical positions with existing practice. At the outset of the thesis (chapter one) this study begins with a discussion of the main concepts of the constitutional system of the United Arab Emirates (UAE), with an explanation of the federal structure of the state and the nature of the UAE system of government. This is important because this study is mainly concerned with the UAE. This is followed by an illustration of the principles of administrative law within the UAE state. The study shows that the judicial system of the UAE state adopts a unitary judicial system whereby the same courts have jurisdiction on all sorts of disputes, both on disputes arising from administrative law and administrative contracts, as well as on disputes arising between private persons. This would unify the rules that apply to all disputes relating to the administration including administrative contracts with international dimensions. (Chapter two) attempts to define the concept of the administrative contract; the main focus of this study, and the criteria for distinguishing it from other types of contracts. It is concluded that the distinctive criteria for administrative contracts in the UAE are that: (i) one party to a contract shall be a public persona (such as the state, city authorities or municipalities); (ii) the contract shall be connected to the running or organization of a public facility (such as public institutions and authorities, security organizations and educational institutions) and (iii) it shall include exorbitant conditions which are unfamiliar in private law contracts. This distinction would help determining the nature of the legal rules to be applied on settlement of disputes, whether pertaining to the rules of administrative law or those of private law. (Chapter three) displays and critically reviews the main ideas related to arbitration in administrative contracts and shows the reservations and disadvantages that might arise from resorting to arbitration in this field. (Chapter four) This study comes to a number of conclusions in relation to these reservations and disadvantages. Despite the great importance of resorting to arbitration in administrative contracts as a speedy and distinctively confidential instrument for protecting the interests of the contractual parties, my opinion resorting to arbitration for settlement of disputes should be followed only if and to the extent it encourages investment in the UAE and it is respectful of higher administrative interests of the UAE state. The same limitation should apply to international administrative contracts and administrative contracts with international dimensions. Arbitration should be carried out without prejudice to the principle that a public authority in the UAE shall pursue a public interest without prejudice to private interests. This study argues that the legislator should intervene in an unambiguous manner to achieve the following results in relation to arbitration in administrative contracts with an international dimension and formulate proposals on how best to address these issues: 1. Determine the fields in which resorting to arbitration in administrative disputes should be admitted. 2. Specify the competent authority for approval of resorting to arbitration in this field (preferably the higher administrative authority within the state, such as the cabinet of ministers, the competent minister or authorized representative among public persona. No delegation is permissible, in this regard, for public persona assuming positions inferior to the above-mentioned ones because of their distinguished expertise which brought them to shoulder highly sensitive positions. Delegation in arbitration should be restricted to a very limited domain and only endowed upon those who assume the highest executive positions and qualified to shoulder high ranking positions and responsibilities. 3. The arbitration panel shall refrain from prejudicing the nature of the administrative contract, that is to refrain from prejudicing public interests, in order not to use resorting to arbitration as a means of evading application of the rules and regulations pertaining to the established administrative contract, which are stipulated to maintain public interest and public funds without prejudice to the rights and freedoms of private persons. Hence, it is pertinent to preserve the administrative nature and enforce the substantive regulations of the administrative contract. The contract should involve provisions for including arbitration, in addition to explicitly specify that the applicable law governing the contract should be the administrative law and the theory of administrative contract, which shall be applied in case of dispute. Arbitration should be restricted to administrative contracts with international dimensions, connected with public interest projects and leading to the encouragement of foreign investment and applying the principles of arbitration for conciliation in internal administrative contracts disputes only. The study concludes by arguing that legislative reform should be carried out to introduce legislative amendments, incorporating the above-mentioned arrangements, which are crucial to the settlement of administrative contracts disputes through arbitration. Resorting to arbitration should be restricted to certain types of contracts concluded by public authorities as an exception to the general principle of resorting to a judicial authority for looking into a legal disputes. These were put in place only to strike a balance between achieving public interests of the state and protecting the rights and freedoms of individuals.
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Salim, Raya Said. "The consequences of unlawful and prohibited contracts of employment in labour law." Thesis, Nelson Mandela Metropolitan University, 2009. http://hdl.handle.net/10948/1041.
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The purpose of having labour laws in South Africa is to regulate employment contracts and the relationship between the employer and the employee. Once a legally binding contract comes into being the Labour Relations Act of 1995 automatically applies alongside the Basic Conditions of Employment Act and various other labour legislations. Common law rules play a vital role in the formation of an employment contract. For an ordinary contract to have legal effect, four basic requirements need to be met. Briefly, parties to the contract must have reached consensus, parties’ performance of their obligations must be possible, the conclusion and objectives of the contract must be lawful and that both parties to the contract must have the necessary capacity to conclude the contract. Once these requirements have been met one is said to have concluded a valid contract. Nevertheless for the purposes of this study, we focus specifically on the employment contract. Aside from the general common law requirements for a valid contract, for an employment contract to be recognised and protected by labour legislations, it is important to distinguish an employee from an independent contractor since only the former enjoys legal remedies afforded by labour law. Common law contractual rights and duties automatically apply once an employment relationship is established in addition to the rights and duties specified in the contract itself. Common law rules regarding morality plays a major role in our modern day societies, as shall be discussed the workforce has not been left untouched by this important principle. Morality greatly influences a society’s view concerning acceptable and unacceptable behaviour or practices. It goes without saying that a contract should not be contrary to the moral views of the society in which the parties find themselves in. A contract can be complying with all the statutory requirements for a valid employment contract; however it may at the same time be tainted with illegality as the object of performance is considered immoral in the society such as an employment contract to perform prostitution. Conversely, another scenario may involve a party to an employment contract who is a child below the age of 15 years old; the contract is invalid as it contravenes section 43 of the Basic Conditions of Employment Act. Despite clear statutory prohibitions this practice may be perfectly acceptable in the eyes and minds of the society. The purpose of this study is to evaluate prohibited and unlawful contracts of employments, how the law (both common law and statutory law) treats such contracts in the sense that; whether they are protected or not and to what extent these laws have been developed to influence modern attitudes concerning such contracts. One stark example is illustrated through case law where the court had to determine the validity of an employment contract concluded between an employer and an illegal immigrant.
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Braun, Julia. "Policing Standard Form Contracts in Germany and South Africa: A Comparison." Master's thesis, University of Cape Town, 2014. http://hdl.handle.net/11427/4670.
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The aim of this dissertation is to compare South African law on standard form contracts against the corresponding German law. Thus, the responses of both legal systems to the special situation occurring in cases of standard form contracts will be compared and evaluated. Thereby, the focus of this dissertation is to determine whether South African law on standard form contracts provides adequate protection for the submitting party. German law on standard form contracts provides the basis and outline against which South African law will be critically evaluated. German law was selected for this task, as it was one of the first legal systems, which enacted legislation, and addresses the issue systematically. It should be noted that this dissertation does not aim to evaluate German law on standard form contracts. In the first part of this dissertation I will provide a brief definition of the notion of freedom of contract and consumer protection. I will then proceed to highlight the relevance of standard form contracts in modern society and outline the problems associated with such contracts. This will be followed by a discussion of whether standard form contracts can be considered as classical contracts. In the second part of this dissertation I will outline the law on standard form contracts in both jurisdictions. Concerning the German law, I will give a brief overview of what the relevant provisions state. Concerning South African law, I will briefly illustrate what the relevant common law appears to be without going into far too much depth. Such outlines of the applicable laws are necessary in order to acquaint the reader with some of the important themes that this dissertation will discuss in detail. In part three the actual comparison and evaluation will follow. The comparison will include a detailed illustration of the law on standard form contracts in both jurisdictions. Thereby, some repetition in regard to the applicable law cannot be avoided. Thereafter, the evaluation will more specifically investigate whether South African law is effective in achieving its aims and whether South Africa should introduce legislation on standard form contract terms.
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Akinyede, Imisioluseyi Julius. "Framework for effective management of cost constraint on building project delivery in South Africa." Thesis, Cape Peninsula University of Technology, 2014. http://hdl.handle.net/20.500.11838/1063.
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Thesis submitted in fulfilment of the requirement for the degree
Master of Technology (Construction Management)
In the Faculty of Engineering
2014According to findings presented in literature, construction projects are restrained within budgeted cost. Hence, the operational system is challenged within prohibitive cost limits to deliver projects at a stipulated time and at a satisfactory quality. This has prompted the intention of establishing effective management of cost constraint on building project delivery in South Africa. Data for the main study were collected through observations, semi-structured and unstructured qualitative interviews and quantitative close-ended questionnaires administered to construction stakeholders working in the Western Cape and Gauteng provinces, South Africa. Findings are that the following are factors that affect cost during building production process: additional works without contractual procedure, inadequate co-ordination of design phase and construction phase during production by project managers, financial mismanagement, frequent changes in design, cost of materials in the market, fluctuation of price of materials. Additional findings are proper monitoring and controlling at stages during production, procurement of competent contractors and subcontractors, involvement of experienced professionals in production, proper briefing by the client during production process, targeting quality during production, prompt decision taking during production, and the establishment of effective communication systems on site during production, frequent changes in building design by the client during production affect construction cost; frequent changes in building design during production cause rework; changes in building design during construction caused by errors and omissions detected affects quality of project delivered; and specification due to procurement of new materials during construction causes changes in building design, labour productivities, wrong planning for machine usage on site, late delivery of equipment during production and unanticipated increases in prices of building materials. Late delivery of materials also affects production process. Regular meetings on site will promote efficient productivities of human resources, team work on site during production, general progress reports on site during production, projects schedule/timetable for production and work programmes for site activities. The study concluded by recommending that proper adoption of these findings by the South African construction stakeholders during production processes will enhance delivery of building projects at reduced construction resources, at the standard of quality expected, at the time stipulated, at the budgeted cost specified, and to the satisfaction of the client. Interest will be achieved as illustrated under each objective of the research study. This research recommends further investigation of the effects of building material supply management during production processes in the South African construction industry.
Books on the topic "Contracts, africa"
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Huyssteen, L. F. Van. Contract law in South Africa. Alphen aan den Rijn, the Netherlands: Kluwer Law International, 2015.
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Van der Merwe, S. W. J. (Schalk Willem Jacobus), 1940- and Maxwell Catherine J, eds. Contract law in South Africa. Alphen aan den Rijn, The Netherlands: Kluwer Law International, 2010.
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Huyssteen, L. F. Van. Contract law in South Africa. Alphen aan den Rijn, The Netherlands: Kluwer Law International, 2014.
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Huyssteen, L. F. Van. Contract law in South Africa. Alphen aan den Rijn, The Netherlands: Kluwer Law International, 2012.
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Hutchison, Dale. The law of contract in South Africa. Cape Town: Oxford University Press Southern Africa, 2009.
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The law of contract in South Africa. Cape Town: Oxford University Press Southern Africa, 2009.
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Christie, R. H. The law of contract in South Africa. 4th ed. Durban: Butterworths, 1999.
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Nditi, N. N. General principles of contract law in East Africa. Dar es Salaam, Tanzania: Dar es Salaam University Press, 2004.
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Principles of the interpretation of contracts in South Africa. Durban: Butterworths, 2002.
Find full textBook chapters on the topic "Contracts, africa"
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Beyers, Johan. "South Africa." In The International Application of Fidic Contracts, 334–54. First. | Abingdon, Oxon ; New York, NY : Routledge, 2020: Informa Law from Routledge, 2019. http://dx.doi.org/10.4324/9780429031205-18.
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Howell, Kerry E. "Introduction: Notions of Governance, Social Contracts and Ethical Perspectives." In Corporate Governance in Africa, 1–28. London: Palgrave Macmillan UK, 2016. http://dx.doi.org/10.1057/978-1-137-56700-0_1.
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Ayangafac, Chrysantus, Dassa Bulcha, and Sehen Bekele. "Why Do Some African Countries Negotiate Unfair Natural Resource Contracts?" In Public Procurement Reform and Governance in Africa, 51–73. New York: Palgrave Macmillan US, 2016. http://dx.doi.org/10.1057/978-1-137-52137-8_3.
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Nyeck, S. N. "The Implicit Dimensions of Public Procurement Contracts: African History and Debates." In Public Procurement Reform and Governance in Africa, 31–49. New York: Palgrave Macmillan US, 2016. http://dx.doi.org/10.1057/978-1-137-52137-8_2.
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von Broembsen, Marlese. "Procurement Policy Subversion in Contracts Between South African Retailers and Suppliers." In Public Procurement Reform and Governance in Africa, 77–96. New York: Palgrave Macmillan US, 2016. http://dx.doi.org/10.1057/978-1-137-52137-8_4.
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du Plessis, Jacques, and Wiaan Visser. "Control of Price Related Terms in Standard Form Contracts in South Africa." In Ius Comparatum - Global Studies in Comparative Law, 605–30. Cham: Springer International Publishing, 2019. http://dx.doi.org/10.1007/978-3-030-23057-9_24.
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Lopes, Carlos. "Revisiting the Social Contract." In Africa in Transformation, 101–15. Cham: Springer International Publishing, 2018. http://dx.doi.org/10.1007/978-3-030-01291-5_7.
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Pietilä, Tuulikki. "The South African Recording Industry." In Contracts, Patronage and Mediation, 19–46. London: Palgrave Macmillan UK, 2015. http://dx.doi.org/10.1007/978-1-137-56232-6_2.
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Koyasu, Akiko, and Danielly Ramos. "Japan’s Relationship with Portuguese-Speaking Africa: Considering the Future of Brazil–Japan Cooperation." In Brazil—Japan Cooperation: From Complementarity to Shared Value, 113–37. Singapore: Springer Nature Singapore, 2022. http://dx.doi.org/10.1007/978-981-19-4029-3_5.
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AbstractJapan and Brazil have built a partnership not only in bilateral and multilateral framework but also in triangular cooperation. In recent years, the term FOIP (Free and Open Indo–Pacific) has been used as the philosophy of Japanese diplomacy. FOIP vision means to achieve peace, stability and prosperity in Asia and African region. Brazil itself is not a direct region for FOIP. But considering the African region is included in FOIP, and for Brazil, Africa is a continent historically and strategically important, Japan’s diplomatic concept, FOIP is not irrelevant to Brazil. To think about the future of Japan–Brazil relations, it is necessary to consider Japan’s African diplomacy in the era of FOIP in order to compare it with Brazil’s African diplomacy. In this article we will especially focus on the Portuguese-speaking African countries. The structure of the article is as follows. First, regarding Japan’s diplomacy with Africa, the philosophy and achievements of TICAD (Tokyo International Conference on African Development) started under the initiative of Japanese government since 1993 will be explained. In considering the future cooperation between Japan and Brazil in Africa, it is also necessary to understand Brazil’s African diplomacy. To that ends, the second part of the article will be the Brazilian diplomatic relations with Africa from the postwar period to the present day. In contrast to the active relations with Africa during the Lula governments, some major setbacks can be seen in the current Bolsonaro administration’s diplomatic relations with Africa. After the characteristics of Japan and Brazil’s diplomacy with Africa have been clarified, in the third part of this article, we will inquire the possibility of further cooperation of Japan and Brazil while looking back on the history and achievements of triangular cooperation between Japan–Brazil, and African countries, especially Mozambique. And we will put some comments as a concluding remark.
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du Plessis, Jacques. "South African Report." In The Principles of BRICS Contract Law, 297–355. Cham: Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-031-00844-3_8.
Full textConference papers on the topic "Contracts, africa"
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Tarek, Dina, and Tawfik Ismail. "Integrating Smart Contracts with WDNs Framework for Energy Management and Secure Transactions." In 2022 10th International Japan-Africa Conference on Electronics, Communications, and Computations (JAC-ECC). IEEE, 2022. http://dx.doi.org/10.1109/jac-ecc56395.2022.10044027.
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Li, Huimin. "Africa Petroleum Fiscal Evolvement and Impacts on Foreign Investment: Illustrations from Nigeria." In SPE/AAPG Africa Energy and Technology Conference. SPE, 2016. http://dx.doi.org/10.2118/afrc-2567973-ms.
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ABSTRACT With plenty of latest discoveries witnessed from East Africa, the petroleum atlas reshaping is expected where some new faces (e.g. Mozambique, Kenya, Tanzania, etc.) may play emergent roles besides traditional oil countries in Africa. Due to general lack of infrastructure construction and capital investment, it still need some time for large-scale commercial production and the involvement of international oil companies is indispensable in the process. Dramatic price drop has tremendously stricken both governments and international oil companies (IOC) in oil-producing countries since 2014. The effectiveness in which governments and IOCs adjust to this reality will determine the extent and the pace of future development of these countries’ oil sectors. Most IOCs were struggling to cut capital expenditure and control operating cost to survive, and how to maintain and attract investment is regarded as huge challenges by many governments in the downward scenario. Apart from resource factors, petroleum fiscal terms are one of the key factors in the investment decision for IOCs. The attractiveness of fiscal contracts has a fundamental effect on profitability of petroleum projects, and thus an important indicator for evaluating investment feasibility in the country. The paper gives an overview on fiscal transformation in most Africa oil countries, some of them were trying to increase government share in oil profits to support social expenditures, and others have provided fiscal incentives to absorb further investment in the oil sector. It shows that fiscal policies in the countries where national economy relies more on oil revenues are less stable during the past decade. Some upstream projects in Nigeria are illustrated to show the impacts of different contract terms on economic benefits. Thus with new government's coming into power, most IOCs are holding back further investment and expecting negotiation with the authorities for confirmation on fiscal terms applied in their assets to avoid potential contractual risks, like PIB, Side letter, etc. The implications regarding petroleum regime are summarized based on the experience from Nigeria for emerging countries in East Africa, relatively stable fiscal policy with some incentives to encourage exploration activities would be helpful to petroleum industry. Lastly, investment suggestions are presented with priorities to promote business development in the area.
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Gboney, William Kwasi, John Cubbin, and Xeni Dassiou. "Empirical Assessment of the Impact of Power Sector Reforms in Africa: A Study of the Generation, Transmission and Distribution Sectors." In ASME 2008 2nd International Conference on Energy Sustainability collocated with the Heat Transfer, Fluids Engineering, and 3rd Energy Nanotechnology Conferences. ASMEDC, 2008. http://dx.doi.org/10.1115/es2008-54169.
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This paper is based on a research study which was carried out, to empirically assess the impact of power sector reforms, comprising privatization, competition and regulatory reforms in 29 African countries, for the period 1988–2005. The list of countries in the research sample is shown in Appendix 1. The main findings for the generation sector is that, in Africa, though energy sector regulation backed by sector law can bring about favorable outcomes, better results are likely to be achieved if the regulatory agency has been in existence for at least 3 years, and it co-exists with either competition ‘for’ the market or private sector participation. On private sector participation, the presence of Independent Power Producers, management contracts and private shareholding in generation assets, can enhance generation sector performance. The results on the transmission system seem to indicate that though the establishment of a regulatory agency can reduce transmission system loss level, this outcome is likely to be achieved if the regulatory agency has been existence for at least 3 years. On distribution system loss, it emerged that the sole existence of a regulatory agency may not be enough to influence a downward trend in distribution system loss level, unless the market, permits the co-existence of competition ‘for’ the market, with a regulatory agency.
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Adedeji, Paul A., Stephen Akinlabi, Nkosinathi Madushele, and Obafemi O. Olatunji. "Latent Dynamics in Siting Onshore Wind Energy Farms: A Case of a Wind Farm in South Africa." In ASME 2020 Power Conference collocated with the 2020 International Conference on Nuclear Engineering. American Society of Mechanical Engineers, 2020. http://dx.doi.org/10.1115/power2020-16726.
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Abstract Siting a renewable energy facility entails several latent but influential quantitative and qualitative variables. Empirical and analytical models often fail to unravel the dynamics of these variables however; prior knowledge of their existence and dynamics offers knowledge-based decision-making during the plant siting process. This article examines the significance and dynamics of land ownership, avian environment, and renewable energy policies. Asides the literature survey, review of government policy, and regulations, a semi-structured interview-based method was used in this study using a wind power plant in the Eastern Cape Province of South Africa as a case study. A qualitative content analysis was used for response analysis. From our findings, dynamics around land ownership could be complex depending on the land category and existing contracts between a landowner and the developer. Also, an in-extensive study of avian habitat in seemingly viable land could lead to forced-downtime of wind turbine generators at periods where production is notably high. Lastly, careful examination of prevailing renewable energy policies and a projection on future policies culminates into the viability of the investment. Trivializing these variables before site development could lead to investment loss through low-productivity or force-majeure in the investment. On the overall, the proposed solutions to these barriers can be useful for wind developers in solving similar problems in other renewable energy resources both in South Africa and other countries.
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Ifalade, Oluwajuwon, Elizabeth Obode, and Joseph Chineke. "Hydrocarbon of the Future: Sustainability, Energy Transition and Developing Nations." In SPE Nigeria Annual International Conference and Exhibition. SPE, 2021. http://dx.doi.org/10.2118/207176-ms.
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Abstract The population of Africa is estimated to be about 1.5 billion, 25% of world population but the continent accounts for only 3.2% of global electricity generation (2.2% coming from South Africa, Egypt, Algeria and Morocco). This translates to the lowest per capita energy of any continent. The rapidly growing population in Africa will inevitably result in the emergence of more African cities and this underscores a need to urgently address the energy poverty concerns presented. The global energy landscape is changing, and Africa finds herself at a vantage point in the complex interplay between energy, development, climate change and sustainability. The need to provide an answer to these concerns is further highlighted by the effects of globalization and climate change. The onus rests on African countries to find a cross-functional solution; one which answers simultaneously to socio-economic and environmental challenges. This involves driving growth in energy supply and hence industrialization via the adoption of a balanced mix that harnesses all energy potential and integrated utilization possibilities. Projected increase in energy demands coupled with emission allowances present a unique opportunity for these countries to put in place plans and infrastructure congruent with the future energy landscape. In contrast to the narrative where African energy is driven majorly by renewables, the continent must first maximize the enormous fossil fuel potentials domiciled in large gas reserves in some of her countries to create an economy that can support a sustainable energy future. Natural gas is expected to play a vital role in the transition to a more environment friendly future of energy, especially in developing countries. This paper aims to present the prospects and challenges of the use of natural gas as a driver of sustainability and energy transition in the developing nations. Nigeria and the Nigerian Gas Master Plan will be taken as a Case Study.
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Borg, Lena. "Contract types in the Swedish construction sector: Framework and arguments for using Design-Bid-Build Contracts." In 11th African Real Estate Society Conference. African Real Estate Society, 2011. http://dx.doi.org/10.15396/afres2011_115.
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Maina, Wilson, Lawrence Nderu, and Tobias Mwalili. "A Smart Contract Approach to Cyber Threat Intelligence Sharing in Kenya." In 2022 IST-Africa Conference (IST-Africa). IEEE, 2022. http://dx.doi.org/10.23919/ist-africa56635.2022.9845603.
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Ilunga Bodika, Matthieu, Clinton Aigbavboa, Ifije Ohiomah, and Nita Sukdeo. "Causes of Conflict in the South African Construction Industry." In 13th International Conference on Applied Human Factors and Ergonomics (AHFE 2022). AHFE International, 2022. http://dx.doi.org/10.54941/ahfe1002227.
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The objective of this research was to determine the causes dispute and conflict within the South African construction industry. The research begins at looking at the reviewed literature. The data was collected through a questionnaire which was distributed to construction professionals based in South Africa. Ninety-one (91) questionnaires were received from one hundred and twenty (120) sent out, 76 per cent response rate.Mean item score was used to rank the findings. Based on the score ranking from the causes of conflict in the south African construction industry. Design errors as a cause revealed that cheap design team hired instead of quality design team was ranked 3,79, followed by inadequate briefing of the design team which was ranked 3,67, ranked last was inept design team with a rank of 3,47. This study revealed that contract variations are the number one causes of conflict; this is a known fact as the South African construction industry is known to have a problem with budget overrun. It is recommended that clients must ensure that their demand for design changes during the construction period should have no adverse effects on the critical activities so as to avoid causing delays
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Shehata, Elsayed Saad. "Improving HSE Contractors Performance." In North Africa Technical Conference and Exhibition. Society of Petroleum Engineers, 2010. http://dx.doi.org/10.2118/127314-ms.
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Andriamifidy, Bob. "Opportunity to assist in the expansion of high-quality soybean feed and edible oil production in Madagascar." In 2022 AOCS Annual Meeting & Expo. American Oil Chemists' Society (AOCS), 2022. http://dx.doi.org/10.21748/lamb7492.
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Madagascar has a population of over 28,000,000 people, of which 48% are food insecure, and 80% are involved in agriculture (reliefweb.int, 2022). Madagascar's prevalence of stunting in children under 5 years is 41.5% (Global-nutrition report, 2018). Additionally, UNICEF reports that drought in the southern region will increase acute childhood malnutrition fourfold over their 2020 assessment. Soybean, a nutrient dense ingredient for human and animal consumption, may ameliorate undernutrition in Madagascar. Traditionally, soybean meal and oil were imported at an annual rate of approximately 50,000 metric tons of meal, and 75,000 liters of edible oil. More recent hikes in transportation costs and 30% tariffs, make production of quality feed, and edible oil from imported oilseeds impractical. To improve nutrition and farmer livelihoods, soybean must be locally cultivated and processed. Madagascar is suited to grow soybean with 8 million HA of cultivable land (FAO 2016) and average rainfall of 1,500 mm during a 6-month rainy season. AGRIVAL is a Malagasy animal feed company, serving smallholder poultry growers. In reaction to increasing prices for imported soybean, the company created a 5-year strategy to strengthen its feed production capacity, expand processing to edible oils, and purchase locally grown soybean from Malagasy smallholder farmers. Contracts for new equipment include an oil expeller. Agrival partnered with Cultivating New Frontiers in Africa (CNFA) and the Soybean Innovation Lab (SIL) to grow soybeans and requests technical assistance with meal and oil production from their partnership with AOCS, under the Farmer-to-Farmer USAID program. To date, farmers have been trained and are growing soybeans in Madagascar. Agrival requests technical assistance from oilseed industry professionals, to better incorporate newly arriving equipment, and ramp up high-quality production. This Project will produce high-quality, lower priced animal and human food for the Malagasy people and create thousands of jobs in agriculture and industry.
Reports on the topic "Contracts, africa"
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Robinson, James. Tax Aversion and the Social Contract in Africa. Cambridge, MA: National Bureau of Economic Research, April 2022. http://dx.doi.org/10.3386/w29924.
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Huntington, Dale. Advances and challenges in postabortion care operations research: Summary report of a global meeting. Population Council, 1998. http://dx.doi.org/10.31899/rh1998.1005.
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The Global Meeting on Postabortion Care: Advances and Challenges in Operations Research was held at the Population Council’s New York office on January 19–21, 1998, to review progress made by three regional operations research (OR) projects in improving delivery of postabortion care. The resources of the three OR contracts were pooled, and, in collaboration with Ipas and the Ebert Program, approximately 65 researchers, senior program managers, and government officials from Africa, Latin America, the Middle East, and Southeast Asia were convened. Three objectives guided the planning of the meeting: review progress in the development of OR methodologies pertaining to postabortion care, identify elements in the design of new postabortion care services, and suggest future areas for postabortion care OR. The meeting was organized around the presentation of 20 papers distributed to all participants several weeks earlier. Discussants presented critical syntheses of the papers and indicated directions for future OR studies. This report presents a summary overview of the principal themes and key points drawn from the papers and discussions, organized according to the theme of each session.
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Resnick, Danielle, and Bhavna Sivasubramanian. Negotiating the social contract in urban Africa: Informal food traders in Ghanaian cities. Washington, DC: International Food Policy Research Institute, 2020. http://dx.doi.org/10.2499/p15738coll2.133774.
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Shouse, Michael J. Private Security Contractors: A Way of Combating Piracy in the Horn of Africa. Fort Belvoir, VA: Defense Technical Information Center, May 2014. http://dx.doi.org/10.21236/ada612158.
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Beach, Rachel, and Vanessa van den Boogaard. Tax and Governance in the Context of Scarce Revenues: Inefficient Tax Collection and its Implications in Rural West Africa. Institute of Development Studies (IDS), February 2022. http://dx.doi.org/10.19088/ictd.2022.005.
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In recent years, domestic and international policy attention has often focused on broadening the tax base in order to include a greater share of the population in the ‘tax net’. This is based, in part, on the hope that the expansion of taxation will result in positive ‘governance dividends’ for taxpayers. However, the implications of extending the tax base in rural areas in low-income countries has been insufficiently considered. Through the case studies of Togo, Benin, and Sierra Leone, we demonstrate that extending taxation to rural areas is often highly inefficient, leading to few, if any, revenue gains when factoring in the costs of collection. Where revenues exceed the costs of collection, they often only cover local government salaries with little remaining for the provision of public goods and services. The implications of rural tax collection inefficiency are thus significant for revenue mobilisation, governance and public service delivery, accountability relationships with citizens, and taxpayer expectations of the state. Accordingly, we question the rationale for extending taxation to rural citizens in low-income countries. Instead, we argue for a reconceptualisation of the nature of the fiscal social contract, disentangling the concept of the social contract from the individual. Rather, a collective social contract places greater emphasis on the taxation of wealth and redistribution and recognises that basic rights of citizenship are not, or should not, be contingent on paying direct taxes to the government. Rather than expanding taxation, we argue for the expansion of political voice and rights to rural citizens, through a ‘services-first’ approach.
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Mante, Ofei D. Sub-Saharan Africa Is Lighting Up: Uneven Progress on Electrification. RTI Press, November 2018. http://dx.doi.org/10.3768/rtipress.2018.op.0056.1811.
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This research paper provides a regional review of the state of electricity access in Sub-Saharan Africa (SSA), focusing on installed capacity, electricity generation, the growth of renewable energy, electricity consumption, government investment, public financial flows, and several major initiatives. The study contrasts electrification between 1990 and 2010 with recent efforts and identifies countries that are consistently making progress and those that lag. The analyses show signs of progress on scaling up SSA power infrastructure and increasing electricity access, particularly in the Eastern and Western sub-regions. The installed generation capacity expanded at an average rate of 2.43 GW/year between 2005 and 2015. Renewable energy is growing, particularly solar, wind, and geothermal; about 9.7 GW of renewable energy capacity was installed between 2010 and 2016. Over this period, the net electricity generation in SSA increased at 9.1 TWh/year, more than double the historical average growth of 4.02 TWh/year (1990–2010). In general, the study found that rates of electrification across the entire region are more than twice the historical rates, and an average of at least 26 million people are now gaining access to electricity yearly. Nevertheless, progress is uneven across SSA. As of 2016, almost half of the population without electricity access live in Nigeria, DR Congo, Ethiopia, Tanzania, and Uganda. Quantitative analysis suggests that about 70 million people in SSA would have to gain access every year from 2017 to achieve universal access by 2030. Overall, SSA countries with national programs on energy access supported by policy/regulatory framework and infrastructure investment are making progress.
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Thunde, Jack, and Bob Baulch. Who uses and who benefits from warehouse receipt systems? An examination of contract level transactions on the Agricultural Commodity Exchange for Africa, 2011–2018. Washington, DC: International Food Policy Research Institute, 2020. http://dx.doi.org/10.2499/p15738coll2.133733.
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Ayele, Seife, and Vianney Mutyaba. Chinese-Funded Electricity Generation in Sub-Saharan Africa and Implications for Public Debt and Transition to Renewable Energy. Institute of Development Studies (IDS), November 2021. http://dx.doi.org/10.19088/ids.2021.063.
Full textAbstract:
While China has been increasingly contributing to the recent growth in electricity generation in sub-Saharan Africa (SSA), the effects of China-funded investment on host countries’ debt burden and transition to renewable energy sources have not been sufficiently explored. Drawing on secondary data, combined with deep dive studies of Ethiopia and Uganda, this paper shows that despite significant liberalisation of the power sector in SSA, Chinese investments in the electricity industry continue to follow state-led project contract-based models. We show that this approach has failed to encourage Chinese firms to build compelling investment portfolios for competitive procurements within the region and, instead and inadvertently, it has exacerbated the debt burden of host country governments. Second, in spite of the global drive towards climate resilient energy generation, Chinese funding of electricity generation in SSA is not sufficiently channelled towards modern renewable energy sources such as wind and solar power that could reduce vulnerability to climate change. While recognising that the private sector-led competitive model of power generation is not without limitations, we argue that SSA’s electricity generation strategy that leads to less public debt and more climate resilience involves increased involvement of Chinese investment in the competitive model, with more diversification of such investment portfolios towards modern renewables such as wind and solar energy resources.
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Nichelatti, Enrico, and Heikki Hiilamo. A fiscal approach to the social contract in sub-Saharan African countries: Looking for opportunities to strengthen trust in government and tax compliance by analysing citizens' perception of governance. UNU-WIDER, December 2022. http://dx.doi.org/10.35188/unu-wider/2022/277-5.
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Sarafian, Iliana. Considerazioni chiave: affrontare le discriminazioni strutturali e le barriere al vaccino covid-19 per le comunità rom in italia. SSHAP, May 2022. http://dx.doi.org/10.19088/sshap.2022.024.
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Questo rapporto evidenzia come le discriminazioni strutturali e l'esclusione sociale influenzino le percezioni e gli atteggiamenti nei confronti del vaccino per il COVID-19 tra le comunità rom in Italia. Uno degli obiettivi è mettere in luce il ruolo che le autorità pubbliche e le comunità possono svolgere nel sostenere l'adozione del vaccino e nel contrasto ai più ampi processi di esclusione sociale.1 Le risposte contraddittorie che lo Stato italiano ha fornito durante la pandemia di Covid-19, insieme alle forme di esclusione già in atto, hanno comportato un aumento della sfiducia delle comunità rom nei confronti delle iniziative statali, impattando anche sull’adesione alla campagna vaccinale.2 Questo documento si propone di supportare e informare le amministrazioni locali e le istituzioni sanitarie pubbliche coinvolte nell’assistenza e nei processi di inclusione delle comunità rom in Italia. Il presente documento si basa su una ricerca condotta di persona e a distanza dal novembre 2021 al gennaio 2022 in Italia con le comunità rom e sinti di Milano, Roma e Catania. Sebbene queste comunità si caratterizzino per diversità storica e per differenti forme di identità linguistica, geografica, religiosa, sono state individuate delle somiglianze nel modo in cui hanno vissuto la pandemia di COVID-19 e nelle decisioni a proposito del vaccino. Questo documento è stato sviluppato per SSHAP da Iliana Sarafian (LSE) con i contributi e le revisioni di Elizabeth Storer (LSE), Tabitha Hrynick (IDS), Marco Solimene (University of Iceland), Dijana Pavlovic (Upre Roma) e Olivia Tulloch (Anthrologica). La ricerca è stata finanziata dalla British Academy COVID-19 Recovery: G7 Fund (COVG7210058) e si è svolta presso il Firoz Lalji Institute for Africa, London School of Economics. La sintesi è di responsabilità di SSHAP.