Dissertations / Theses on the topic 'Contracts, africa'

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

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.

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.

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.

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.

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.

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.

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.

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.

Thesis submitted in fulfilment of the requirement for the degree Master of Technology (Construction Management) In the Faculty of Engineering 2014
According 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.

With the growth experienced in the Building Industry, it is increasingly important to have a contract document that can be used on projects that is reasonably acceptable to all parties concerned. The objective of the research was to determine the effectiveness of the Joint Building Contracts Committee Series 2000 Principal Building Agreement (JBCC 2000 PBA)(Edition 4.1, March 2005) currently used in the Building Industry. The literature reviewed and results of quantitative research amongst contractors formed the basis of this study. The study revealed that the JBCC 2000 PBA is the most favourable contract document used by contractors in the Building Industry. With the inclusion of a range of construction guarantee alternatives in the contract document in lieu of the retention clause, more than half of the respondents have indicated that they are in favour of a retention clause to be included in the contract document as an alternative security option. The study also showed that there are still areas of concern with regards to the difficulty in interpreting and implementing numerous clauses of the document and that amendments were made to the document without legal advice, resulting in disputes. The research further also revealed that developing building contractors experience difficulties in general where the JBCC 2000 PBA is used as contract document on projects. There also seems to be no balance of risk between the employer and contractor in most cases where this contract document is used. The research concluded with proposals on revisions to some clauses to ensure a better contract document that will be acceptable to all contractors in the Building Industry and ultimately to be an internationally acceptable document.

Thesis (LLM)--University of Stellenbosch, 2005.
ENGLISH ABSTRACT: The South African system of breach of contract recognizes several distinct forms of breach. each encompassing its own set of requirements. Before one is able to determine the outcome and accordingly the rights of each contracting party in respect of an alleged breach of contract. the factual situation must be fitted into one of the recognized forms of breach. This has resulted in a highly complex system of breach of contract and resultant remedies. The existence of a direct relationship between the form of breach present in a factual situation and the remedies available to the innocent party is a fundamental premise of South African law and one that is often accepted without much investigation. This thesis investigates the extent of this interdependence and to establish whether this intricate system is necessary from a practical and a theoretical point of view. To this end. the thesis examines the less complex system of breach of contract as embodied in the United Nations Convention on Contracts for the International Sale of Goods C·CISG'·) which has been widely adopted in international trade. and which has provided a template for the reformation of various national systems of law. This study concludes that the South African approach to breach of contract and remedies is in need of reform. and that a unitary concept of breach could provide a basis for both a simplification and modernization of our law.
AFRIKAANSE OPSOMMING: Die Suid-Afrikaanse Kontraktereg erken verskeie verskyningsvorms van kontrakbreuk, elk met sy eie besondere vereistes. Ten einde die uitkoms van probleemsituasies waarin kontrakbreuk beweer word te bepaal en derhalwe die regte van die betrokkenes uit te kristalliseer. moet die feitestelonder die een of ander vorm van kontrakbreuk tuisgebring te word. Hierdie benadering het 'n besonder komplekse stelsel van kontrakbreuk en remedies tot gevolg. 'n Fundamentele uitgangspunt van die Suid-Afrikaanse stelsel is dat daar Il direkte korrelasie bestaan tussen die tipe van kontrakbreuk wat in 'n bepaalde geval teenwoordig is en die remedies waarop die onskuldige party kan staatmaak. Hierdie siening, wat meerendeel sonder bevraagtekening aanvaar word, vorm die fokuspunt van hierdie ondersoek. Die oogmerk is om die praktiese nuttigheid en teoretiese houbaarheid van die benadering vas te stel. As 'n vergelykingspunt neem die tesis die vereenvoudigde sisteem van kontrakbreuk beliggaam in die Verenigde Nasies se Konvensie aangaande die Internasionale Koopkontrak ("CISG"). Hierdie verordening geniet wye erkenning in die Internasionale Handel en het alreeds die grondslag gevorm van verskeie inisiatiewe vir die hervonning van Il aantal nasionale regstelsels. Die gevolgtrekking is dat die Suid-A frikaanse benadering tot kontrakbreuk en die remedies daarvoor hervorming benodig en dat die opvatting van 'n sg uniforme kontrakbreuk as 'n basis kan dien vir die vereenvoudiging en modernisering van ons reg.

Organisations face many obstacles in maintaining high quality standards and enhancing their competitive positions. It is not just the external factors, such as market fluctuations, but also internal obstacles, that have an effect on the competitiveness of organisations. Most of the internal factors are the result of poor management practices such as insufficient employee development paths, lack of mentorship programmes or job insecurity which results in the poor performance and commitment levels of employees. However employees are more willing to provide efficient and effective practices if they are committed to the organisation. A committed workforce can be created through many practices. Some of these practices include, creating an environment where employees feel as though they are part of the organisation and that their actions directly influence the success of the organisation (Kingston 2007); building long lasting and fair relationships between staff and supervisors (Manetje 2009:50); providing partial organisational ownership for employees through employee share ownership schemes (Employee share ownership plan guidelines 2007:3); creating an organisation structure which binds employees and groups together and removes bureaucratic practices (Brooks 2009:190) and creating management styles that encourage employee involvement (Manetje 2009:51) Unfavourable conditions within the economy are not making it any easier for organisations to become more competitive. Organisations have had to downsize, restructure and transform in order to cut costs as the demands for goods and services slowed down. However, these practices have resulted in an insecure work environment for employees and have posed complex challenges for management. (Coetzee 2005). Employment contracts have therefore become popular tools for managing economic downturns. Organisations opt for more temporary staff so as to easily reduce headcount when costs need to be lowered. Employment contracts give organisations the advantage of flexibility which is a key area for success in turbulent business environments (Krausz, Bizman & Braslavsky 2001:302). Previous research on temporary contracts has revealed lower commitment levels of staff than other types of contracts such as permanent and fixed-term contracts (Guest 2004:12). Therefore, there needs to be a balance between various employment contracts; a balance which brings out the best in organisational performance. The different types of employment contracts are also important tools to use to enhance commitment within the organisation. For that reason, it is essential to understand the linkage between the types of contracts and organisational commitment and whether certain contracts result in higher levels of organisational commitment. The primary objective of the study is to identify factors which influence organisational commitment as well as to investigate whether organisational commitment and the different types of employment contracts can increase employee motivation and job involvement within the automotive industry environment. Given the primary objective of the study, a quantitative research paradigm was followed in testing the relevant hypotheses. A five-point Likert scale questionnaire was conducted to gather empirical data from the respondents employed within the automotive industry. The target population of the study was the employees within the automotive industry (Volkswagen of South Africa). A convenience sampling technique was used to distribute the questionnaires and the researcher made use of both manual hand-outs and an online system called the Survey Monkey to gather the data. The sample was restricted to 260 respondents. The main findings of this study revealed that the dimensions, workplace culture, job security, career development and personality were statistically significant and had a positive influence on organisational commitment. Workplace culture proved to be the most significant positive influence on organisational commitment. Thus, if an organisation adjusts this dimension to better suit the employees, the result could be an enhanced level of employee commitment. On the other hand, management style and mentoring were found to be the least important in influencing organisational commitment in the automotive industry. Furthermore, the results illustrated a significant positive relationship between organisational commitment and the dependent variables, employee motivation and job involvement. The study also identified the link between employment contracts and organisational commitment, job involvement and employee motivation. However, a statistically significant relationship only existed between employment contracts and job involvement. Thus the different types of contracts have an effect on the level of employee involvement within an organisation. The implications of the findings are that organisations within the automotive industry should focus on areas that have a substantially greater impact on organisational commitment. These areas include workplace culture, job security, personality and career development. Organisations thus need to find methods or processes which facilitate the development of these areas. In order for organisations to move from good to great, a workforce that is committed to the goals and objectives is required.

A temporary employment service (hereafter TES), also referred to as a labour broker is defined as a person or entity that provides workers to others, (their clients) to perform duties for the benefit of the client for compensation. The Labour Relations Act 66 of 1995 makes legal provision for a TES to exist. A threefold relationship between the TES and the client, and the TES and the worker is created. In this dissertation the relevant sections of the Labour Relations Act are examined and the agreements and the consequences that flow from the relationship that is created by this threefold relationship are discussed. The situation often occurs where workers are informed that their services are no longer required on a client’s site. No procedures for dismissals or retrenchment are followed. The worker is then under the impression that he or she has been dismissed. When the matter is referred to the Commission for Conciliation Mediation and Arbitration for adjudication, the client is cited as the employer. The application is then dismissed as the client is not the employer. The worker only has recourse against his employer, being the TES, and not a third party. This then leaves the worker confused and frustrated. Employees of TES typically work longer hours and are also underpaid. TES and their clients escape labour obligations and standards as their contracts allow for this. The question that arises is whether this situation is fair to the employees that are being subjected to this type of treatment which is justified by the contracts between the TES and the client, and the TES and the worker. The relationship is weighed against the provisions of the Constitution and the common law requirements for a lawful contract. A comparison with international standards as well as the legal position of TES in other countries is done to establish whether employees of TES in South Africa are treated fairly. The position will be studied further by examining the findings of courts and tribunals. Courts have begun to intervene and in decisions, that are discussed in the dissertation, the courts have found that the clauses in the contracts between the TES, its clients and the workers that allow for the “automatic dismissal” without having to follow the prescribed steps, are regarded as against public policy. It has also found that TES are not permitted to contract out of their obligations. The South African Government has introduced proposed amendments to the current labour legislation. These proposed amendments and the effect thereof on TES is studied to determine whether it will better the current issues experienced with TES. Trade unions in South Africa articulate their opinions regarding TES and push for the banning of the practice. The situation is more complicated; however, as a large number of people in South Africa are employed by TES and the TES assist them in finding work. When the situation is examined on the background of international standards, the ILO and the rights that are guaranteed to everyone in the Constitution, 1996, a complete ban will not be feasible as it will have an enormous effect on the South African employment sector. Regulation of the practice of TES is suggested as the most practicable solution to the problems that flow from TES contracts. The suggestion is that the clauses permitting the unlawful treatment of employees are deleted and sanctions for non–compliance with labour standards are implemented.
Thesis(LL.M. (Labour Law))--North-West University, Potchefstroom Campus, 2012.

Thesis (MBA)--Stellenbosch University, 2015.
ENGLISH ABSTRACT: Expenditure on South African public sector projects is vital to infrastructure development and creating employment opportunities in the country. The submission of tenders by contractors is the traditional procurement method utilised in awarding contracts. The traditional tender procurement method is not only costly, but the lowest-bid method does not ensure that the eventual project at completion is the most cost effective. Although regulatory frameworks are in place to ensure that public sector projects are awarded to suitable contractors, there are numerous examples of public sector projects that have been awarded to incompetent contractors. The traditional tender procurement method is non-collaborative in its composition, as the contractors executing the work are not part of the design team. Furthermore, industry stakeholders’ perceptions influence procurement method preferences. This research project investigates whether the tender procurement method is best suited to meet the South African public sector’s requirements and achieve infrastructural development so desperately required, or whether it needs to be replaced in its entirety or adapted.

The state of the Tendering Process in South African Government Institutions has become an area of concern in recent years with issues related to transparency, governance and rigid retrospective procedures being cited as impediments to efficiency. In tum, Knowledge Management (KM) and its ability to be applied to all types of organisations to increase efficiency has been popularised extensively. An analysis of KM literature suggested that the principles of KM may be used to increase efficiency and create competitive advantage. This study attempted to identify whether the benefits gained by other organisations through the application of Knowledge Management principles, could be applied to the Tendering Process in South African Government Institutions. The study sought to identify how Knowledge Value Chain by Wang and Ahmed (2005) may be leveraged to create an enhanced Tendering Process. The study then reviewed the Tendering Processes conducted in Australia, United States of America, Malaysia and South Africa and sought to identify the common steps in a tendering process in order to construct a standard tendering process. The Knowledge Value Chain was then applied to this process to create a standard tendering process enhanced by Knowledge Management Principles. The model was compared to the processes currently conducted in two Government institutions and two parastals. The findings indicated that the model is well suited for Government Organisations and would assist in the creation of greater transparency, however the practical implementation of the model is yet unlikely as the model suggest electronic access to information, and the process in South African Government Institutions is predominately paper-based.

This research focuses on and summarises the methodology followed to demonstrate that the South African construction industry can use the Construction Registers Service, in particular the Register of Contractors, as a tool to measure the competitiveness of Small, Micro and Medium Enterprises (SMMEs). The Register of Contractors (RoC) was developed by the Construction Industry Development Board (cidb) in terms of the Construction Industry Development Board (cidb) Act 38 of 2000. As a tool, it was designed to offer a basis for sustainable constructor development, growth, improved delivery, performance and sustainable empowerment. It was also developed to be used by the construction industry to, inter alia, and provide statistical data which would enable the construction industry to better understand the contracting capacity in South Africa. Beyond providing the statistical data, the register of contractors was meant to be enhanced with functionalities that would measure the growth and performance of contractors as they apply business practices that improve their value offering to the construction industry as a whole. This research looks at how this tool can be used by the construction industry to measure the competitiveness of the contractors within the selected grades, with the intent of demonstrating the overall value of the RoC as a tool. The research undertaken looks at how the use of the RoC can measure the competitiveness of a targeted group of small contractors. The research limits itself to the entry levels of contractors registered with the cidb between grades 2 and 5 with a view to establish a benchmark for contractor competitiveness within those bands. The research further proves the correlation between contractor capability and the ‘ability’ to be competitive in growing their value proposition and businesses. The unit of study for the purposes of this research is at firm level drawing from a reflection on who is an active participant in the South African construction industry particularly as it pertains to the smaller contractors within the targeted group elucidated above. The focus of the research is on the efficacy of the RoC as a tool that identifies the areas needing targeted development to support SMMEs and the subsequent demonstration of improved business processes within that sector. The qualitative research methodology was followed through this study as its nature was such that there was no requirement to rely only entirely on statistics or numbers due to the articulated problem there needed to be a qualitative enquiry into data needed which would adequately land to a significant synthesis on the responses and arrive at suitable solutions to the identified problem. The qualitative research methodology followed by this study was used to gain insight into the construction SMMEs’ attitudes towards the sector within which they trade, their behaviours, their value systems [to the extent where this was possible], their concerns, their motivations and aspirations. All of these, the study concluded that they inform the business decisions which the SMMEs make. How structured information was collected and analysed provided a synthesis of themes and aided in extracting meaning. The main findings of the research were that there is no shared understanding within the local construction industry of what contractor competitiveness is and to what extent it would benefit both the industry and the SMME sector. As a result of this competitiveness could not be measured and there was no clarity as to what tools of measure could be used to forecast the capabilities of the industry. This research was focused on exploring how the RoC can be used to measure improved capability and competitiveness on the part of SMME contractors. The implications of these findings are that there would now be improved and measurable competitiveness allowing the contractors to bid for work both within their provincial regions but also outside of their geographical location and to measure their growth as they achieve higher grading statuses within the register of contractors (RoC). The efficacy of contractor development programmes would also improve as they go beyond enhancing contractor capacity but also include competence improvements, training for business acumen, improved capability and innovation. The conclusion is that South Africa’s construction industry could achieve sustainable development and growth as a result of SMME contractors whose competitiveness would have been measured through the use of the RoC tool. The main recommendation is that there be a clear understanding of competitiveness and what its benefits to the South African construction industry are whilst at the same time the RoC is acknowledged as the tool embedded with functionalities able to measure this competitiveness amongst graded contractors. The RoC would allow construction clients to not only measure contractor competitiveness but also that they may have an improved ability to measure the direct impacts of contractor development interventions.
Lolucubungulo lugxile ekubhekeni izimo ezinqala ngaphakathi komkhakha wezokwakha. Lubuka igalelo losonkontilaka abasebancane kulomkhakha ekuzithuthukiseni kanti futhi nemizamo eyenziwe uHulumeni endimeni edlalwe uhlu olushicilwelwe iBhodi yomkhakha wezokwakha (i-cidb). Umbhali walolucubungulo ukholelwa ekutheni loluhlu lungasetshenziswa hhayi kuphela ekuthuthikiseni ononkontilaka kodwa futhi ekwenzeni ukuthi bakhule kulo lona loluhlu baze bakwazi ukuthola amathuba angcono emisebenzi. Uhlu ekukhulunywa ngalo lapha lwashicilelwa i-cidb ngomgomo womthetho kaHulumeni we-Act 38 of 2000. Luyithuluzi elenzelwe ukuba likhulise umkhakha wezokwakha, lithuthukise osomabhizinisi abasebancane, likhuthaze imigomo efanelekile ekwakheni (improved delivery). Enye injongo yokushicilela lelithuluzi kwakuwukwenzela ukuthi kwaziwe inani labo osonkontilaka, ubulili babo nokuthi bagxile-phi ngokwezindawo zokusebenza. Konke loku kwakufanele ukuze uHulumeni kanye nabanye abaqashi bazi ukuthi uma kusikelwana ngemisebenzi bangaki na ononkontilaka abazokwazi ukufeza izidingo zemiphakathi esiphila kuyo? Lolucubungulo luzobheka ithuluzi elasungulwa umkhakha wokwakha ekutheni lingakwazi na ukudlondlobalisa osonkontilaka abasafufusa phakathi kwalemikhakha (grades) ababekwe kuyo? Kuzobhekwa futhi ubugugu balo lona lelithuluzi. Akuzoqxilwa kubo bonke osonkontilaka, kodwa kulabo abasabancane ngokwamabhizinisi abo ababekwe emazingeni kusukela ku-2 kuya ku-5 ngokoshicilelo le-cidb. Kuzobhekwa amakhono abo labosonkontilaka, kubhekwe futhi izinkomba ezingabadlondlobalisa ngokwamabhizinisi. Okunye okuhloswe yilolucubungulo ukubheka ukuthi umkhakha wezokwakha uyakwazi na ukukhiqiza amathuba anele isikhathi eside kwenzelwa osonkotilaka belu nokuthi uyakwazi na ukuqhubeka wakhe amathuba azokhuthaza ukukhula kwabo. Ekugcineni okufanele kufezwe yilolucubungulo wukuthi uhlu olushicilelwe losonkontilaka lungasiza ekukhuthazeni udlondlobalo losonkontilaka abancane.

The paper focuses specifically on the South African Military Aerospace Industry as most of the weapons procured under the arms deal were military aircraft. Taking into account the numerous social needs of South Africa, the purpose of this paper is to inter alia try to establish the rationale behind the South African government's decision to to purchase an array of military weapons from foreign suppliers at an initial cost of almost thirty billion rand. In order to gain a better undrstanding of the topic, the author gives a brief overview and history of the South African Aerospace industry.Furthermore, an examination of the politics of the transition from apartheid to democracy and how this affected the aeropace industry is given.

Blockchain technology has received a disproportionate share of technology news reporting in recent years. As the database technology that solves the double-transaction problem for cryptocurrencies, blockchain has conventionalised digital ledger technology thinking and is envisaged to represent the future of financial platforms. Smart contract technology, the blockchain containers for processes and rules, is positioned to expedite automation in the post-trade infrastructure of financial systems. Fintech disruptors discern blockchainÕs potential as a mechanism for disintermediation of the insurance value chain as an opportunity for innovation. Industry counter-measures to this threat include coalitions of financial institutions to evaluate potentially disruptive technologies. The fundamental questions facing the insurance industry are the end-consumerÕs trusting beliefs and propensity to use these emerging technologies in policy servicing systems. We harness technology adoption theories, trust in technology research and the task-technology fit model to measure policyholder perceptions of blockchain among consumers in the life insurance industry. Responses from a sample of life insurance policyholders (n = 199) were used to measure concepts from three IS adoption theories. Our research finds evidence of policyholder trust in the reliability of blockchain technology, an understanding of the benefits of the technology and a willingness for it to be used in policy servicing.
Mini Dissertation (MBA)--University of Pretoria, 2017.
za2018
Gordon Institute of Business Science (GIBS)
MBA
Unrestricted

In this thesis the tax treatment of equity option contracts is examined. The writer gives an overview of the derivatives market in general and discusses the nature and effect of equity options in detail. Limited amendments have been made to the South African Income Tax Act No 58 of 1962 ('the Act') since the emergence of derivative instruments and at present only three types of derivative instruments are recognised: forward exchange and option contracts relating to forward exchange, interest rate swaps based on notional capital amounts and option contracts. Other than section 241 of the Act which deems all receipts and accruals from foreign exchange contracts to be income, the other sections dealing with derivatives do not concern themselves with capital or revenue classification. Accordingly, the classification of receipts and accruals arising from an equity option transaction is generally governed by the ordinary principles of South African tax law with the added problem of there being limited South African case law applying these general prinCiples to such transactions. The research undertaken in this thesis results in the establishment of a framework designed to determine the classification as revenue or capital the receipts and accruals arising from equity option contracts. Speculating, trading and investing in equity options is examined with regard to the general principles of South African tax and available case law. Hedging transactions are analysed with specific reference to their exact nature as well as general tax principles and available case law. The analogy of Krugerrands is used to draw parallels with the tax treatment of receipts and accruals arising from equity options used for hedging purposes. Once the theoretical framework has been established for revenue or capital classification, the actual tax treatment of both revenue and capital receipts is examined with reference to the Act and issues such as the gross income definition, the general deduction formula, trading stock and timing provisions are analysed and applied to receipts and accruals arising from equity option transactions. The thesis concludes with a summary of the findings and recommendations are made based on the research conducted.

Study project (MBA)--University of Stellenbosch, 2003.
ENGLISH ABSTRACT: In a rational efficiently functioning market, the price of the share index and share index futures contracts should be perfectly contemporaneously correlated. According to the cost of carry model, the futures price should equal its fair value at maturity. The basis should be equal to the cost of carry throughout the duration of the futures contract. However, in practice the cost of carry model is obscured and the basis varies and is normally not equal to the cost of carry. Reasons for this variability in basis include the mark-to-market requirement of the futures contract, the differential tax treatment of spot and futures contracts, as well as the transaction cost of entering into a contract. Transaction costs are lower for futures contracts than for spot contracts. This study uses the Chen, Cuny and Haugen (1995) model to examine the relationship between the basis and volatility of the underlying index and between the open interest of the futures contract and the volatility of the underlying index. Chen et al. (1995) predicted that the basis is negatively related to the volatility of the underlying index and that the open interest is positively related to the volatility of the underlying index. The study will also test the statement by Helmer and Longstaff (1991) that the basis has a negative concave relationship with the level of interest rate. The tests were performed on data from ALSI, FINI and INDI futures contracts. The sample period was from January 1998 to December 2001. The results correspond to those obtained by Chen et al. (1995) in that the basis is negatively related to the volatility of the underlying index. This is true for all the three indices. The other main prediction of the Chen, Cuny and Haugen (CCH) model (1995), which is also supported by the study, is that open interest is significantly related to the volatility of the underlying index. The study also supports the statement by Helmer and Longstaff (1991) that the there is a highly significant negative concave relationship between the basis and interest rate.
AFRIKAANSE OPSOMMING: In "n mark wat rasioneel funksioneer, behoort die prys van die aandele-indeks en aandele-indekstermynkontrakte perfek gekorreleer te wees in tyd. Volgens die drakostemodel behoort die termynkontrakprys op die vervaldatum gelyk te wees aan die billike waarde daarvan. Die basis behoort vir die looptyd van die termynkontrak gelyk te wees aan die drakoste. In die praktyk word die drakostemodel egter vertroebel en wissel die basis en is dit gewoonlik nie gelyk aan die drakoste nie. Redes vir hierdie veranderlikheid van die basis sluit in die waardasie teenoor markprys van die termynkontrak, die belasting van toepassing op loko- en termynkontrakte, asook die transaksiekoste by die aangaan van "n kontrak. transaksiekoste vir termynkontrakte is laer as vir lokokontrakte. Hierdie studie gebruik die model van Chen, Cuny en Haugen (1995) om die verwantskap tussen die basis en die volatiliteit van die onderliggende indeks en tussen die oop kontrakte van die termynkontrak en die volatiliteit van die onderliggende indeks te ondersoek. Chen et al. (1995) voer aan dat daar 'n negatiewe verwantskap is tussen die basis en die volatiliteit van die onderliggende indeks en dat daar "n positiewe verwantskap is tussen die oop rente en die volatiliteit van die onderliggende indeks. Die studie toets ook Helmer en Longstaff (1991) se hipotese dat daar 'n negatiewe, konkawe verhouding tussen die basis en die rentekoersvlak bestaan. Die toetse is uitgevoer op data van ALSI-, FINI- EN INDItermynkontrakte. Die steekproef was van Januarie 1998 tot Desember 2001. Die resultate stem ooreen met dié van Chen, Cuny en Haugen (1995) se model (CCH-model) in dié opsig dat daar "n negatiewe verband is tussen die basis en die volatiliteit van die onderliggende indeks. Dit geld vir al drie die indekse. Die ander hoofresultate van Chen et al. (1995), wat ook deur die studie ondersteun word, is dat daar "n beduidende verband tussen die oop kontrakte en die volatiliteit van die onderliggende indeks bestaan. Die studie ondersteun ook Helmer en Longstaff(1991) se siening dat daar 'n beduidende, negatiewe, konkawe verhouding tussen die basis en die rentekoers bestaan.

In the last 15 years, China has greatly expanded their economic integration with Africa through a multi-dimensional approach. This paper utilizes a fixed effects approach to formally assess the impact of Chinese trade, foreign direct investment, loans, construction and engineering contracts, and labor in Africa on economic growth and human development in 50 African countries. This paper combines data from the World Bank World Development Indicators (WDI), China-Africa Research Initiative (CARI) at John’s Hopkins University, and the UN Human Development Report (HDI) covering the years 2003 to 2017. This study finds that during this period, contracts and foreign direct investment stock positively impact GDP per capita and Human Development Index, and bilateral trade positively impacts Human Development Index.

Thesis (LLM)--Stellenbosch University, 2013.
Bibliography
ENGLISH ABSTRACT: In order for the government to function, it needs goods and services. It may acquire these goods and services by using its own resources, or by contracting with outside bodies. The latter method is generally referred to as public or government procurement. Government procurement usually contributes a large deal to a country’s economy and is therefore of great importance. With South Africa’s political transformation in 1994, the construction industry was used as the model for public sector procurement reform. The industry regulates all infrastructure and constituted 3.8% of the country’s gross domestic product (GDP) in 2011 with the private sector as its biggest client. The legal regulation of construction procurement in South Africa is therefore significant. Section 217 of the Constitution¹ sets the standard for government procurement in South Africa. Section 217(1) provides that organs of state in the national, provincial or local sphere of government or any other institutions identified in national legislation when contracting for goods or services must do so in accordance with a system which is fair, equitable, transparent, competitive and cost-effective. Organs of state are not prevented from implementing procurement policies which provide for categories of preference in the allocation of contracts and the protection or advancement of persons, or categories of persons, disadvantaged by unfair discrimination in terms of section 217(2). Section 217(3) in turn provides that national legislation must prescribe a framework in terms of which section 217(2) must be implemented. The rules for construction procurement in South Africa are found in the Construction Industry Development Board (CIDB) Act² and the Regulations to the Act.³ The Construction Industry Development Board has been established by the Act and is empowered to regulate construction procurement in terms of the Act and to publish best practice guidelines for further regulation and development of construction procurement. This thesis aims to answer the question as to whether the legal regulation of construction procurement complies with section 217 of the Constitution. Chapter one sets out the research question to be answered, the hypothesis on which the thesis is based and the methodology employed. Chapter two establishes the constitutional standard for government procurement in South Africa and is the standard against which the rules discussed in subsequent chapters are tested. Following this, the procurement procedures in terms of which supplies, construction works and services are procured are described and analysed in chapter three. It appears that the Regulations to the CIDB Act exclude contracts for supplies and services in the construction industry. Therefore, the qualification criteria for construction works contracts are examined in chapter four. Thereafter, the evaluation and award of construction works, supplies and services contracts are explained and analysed in chapter five. Government procurement may further be used for objectives not directly connected to the main goal which is the procurement of goods and services at the best possible price. It may also be used for the promotion of socio-economic objectives, for example. Therefore, in the sixth chapter, the use of government procurement as a policy tool in the South African construction industry is discussed and analysed. The concluding chapter collectively refers to what was discussed in the preceding chapters including the conclusions and attempts to answer the research question as to whether the legal regulation of construction procurement in South Africa complies with section 217 of the Constitution.
AFRIKAANSE OPSOMMING: Die staat het goedere en dienste nodig om te funksioneer. Dit kan hierdie goedere en dienste verkry deur die staat se eie bronne te gebruik, of dit kan instansies van buite kontrakteer. Daar word oor die algemeen na laasgenoemde metode verwys as staatsverkryging. Gewoonlik lewer staatsverkryging ‘n groot bydrae tot ’n land se ekonomie en dit is dus van groot belang. Met Suid-Afrika se politieke transformasie in 1994 is die konstruksiebedryf as die model voorgehou vir die hervorming van die staatsverkrygingstelsel. Die konstruksiebedryf reguleer alle infrastruktuur in die land en het in 2011 3.8% tot Suid- Afrika se Bruto Binnelandse Produk (BBP) bygedra, met die private sektor as die grootste kliënt in die bedryf. Dit is dus noodsaaklik dat staatsverkryging in die Suid-Afrikaanse konstruksiebedryf wetlik gereguleer word. Artikel 217 van die Grondwet4 stel die standaard vir staatsverkryging in Suid-Afrika. Artikel 217(1) bepaal dat staatsorgane in die nasionale, provinsiale of plaaslike regeringsvertakkings, of enige ander instelling in nasionale wetgewing vermeld, wat vir goedere of dienste kontrakteer, sodanige goedere of dienste moet verkry ooreenkomstig ’n stelsel wat regverdig, billik, deursigtig, mededingend en koste-effektief is. Staatsorgane word verder nie verhinder of belet om staatsbeleid te implementeer wat voorsiening maak vir die bevordering van sekere mense, of kategorieë mense, wat ingevolge artikel 217(2) deur onbillike diskriminasie benadeel is nie. Artikel 217(3) bepaal dat nasionale wetgewing ’n raamwerk moet voorskryf ingevolge waarvan artikel 217(2) geïmplementeer moet word. Die Wet op die Ontwikkelingsraad vir die Konstruksiebedryf (Construction Industry Development Board Act)5 en die Regulasies tot die Wet6 omskryf die regsreëls vir staatsverkryging in die Suid-Afrikaanse konstruksiebedryf. Die Ontwikkelingsraad vir die Konstruksiebedryf het ingevolge hierdie Wet tot stand gekom en is gemagtig om staatsverkryging in die konstruksiebedryf te reguleer. Dit mag ook goeie praktykriglyne publiseer vir verdere regulering en ontwikkeling van staatsverkryging in die konstruksiebedryf. Hierdie tesis het ten doel om die vraag te beantwoord of die wetlike regulering van staatsverkryging in die konstruksiebedryf aan artikel 217 van die Grondwet voldoen. Hoofstuk een gee ‘n uiteensetting van die navorsingsvraag wat beantwoord sal word, die hipotese waarop die tesis berus en die metodologie wat aangewend word. Hoofstuk twee omskryf die grontwetlike standaard vir staatsverkryging in Suid-Afrika en word as standaard gebruik waarteen die regsreëls vir staatsverkryging in die konstruksiebedryf in die daaropvolgende hoofstukke getoets word. Vervolgens word die verkrygingsprosedures ingevolge waarvan voorraad, konstruksiewerk en dienste verkry word, in hoofstuk drie bespreek en ontleed. Dit blyk dat die Regulasies tot die Wet op die Ontwikkelingsraad vir die Konstruksiebedryf (CIDB Act) kontrakte vir die verkryging van voorraad en dienste uitsluit. Gevolglik word die tendervereistes vir konstruksiewerk in hoofstuk vier bespreek. Vervolgens word die evaluering en toekenning van konstruksiewerk, voorraad- en dienskontrakte uiteengesit en ontleed in hoofstuk vyf. Dit blyk verder dat staatsverkryging gebruik mag word vir doelwitte wat nie direk verband hou met die primêre doel, naamlik die verkryging van goedere en dienste teen die beste prys, nie. Dit mag byvoorbeeld ook gebruik word vir die bevordering van sosio-ekonomiese doelwitte. Gevolglik word staatsverkryging as ’n beleidsinstrument in die Suid-Afrikaanse konstruksiebedryf in hoofstuk ses bespreek en ontleed. Die laaste hoofstuk gee ‘n opsomming van wat bespreek is in vorige hoofstukke, maak gevolgtrekkings en probeer die navorsingsvraag beantwoord of die regsreëls wat staatsverkryging in die konstruksiebedryf reguleer, voldoen aan artikel 217 van die Grondwet.

This thesis analyses the doctrine of duress and its application in the law of contract and unjustified enrichment in South Africa. Following an initial examination of the historical development of the doctrine from its roots in Roman and Roman-Dutch law, the study focuses on the current legal position in the two areas of law under review, identifies the substantive and formal deficiencies in the current approach, and suggests, using comparative authorities, how the law might be developed. As far as the law of contract is concerned, after exposing the difficulties inherent in the current approach, and placing the doctrine in its proper context in the South African law of contract generally, it is argued that the duress doctrine finds its juridical basis in the principle of good faith. A more modern and coherent test for duress is then proposed: one that concentrates on the question whether an illegitimate threat was made, which induced a contract in that it left the other person no reasonable choice but to succumb to the proposal. Additionally, the need for South African contract law to recognise and deal with cases of economic duress is emphasised. The study then shifts to an examination of the position in situations where non-contractual performances have occurred under duress: cases that are decided in terms of the principles of the law of unjustified enrichment. The current position is reviewed, and it is shown that the approach to duress cases is substantially different to the approach that applies in contract. An attempt is made to reconcile this problem. From a structural perspective, the nature and application of the relevant enrichment action where a non-contractual performance is made under duress (the condictio indebiti) is also investigated, in the light of approaches to enrichment adopted in both Germany and England, in an attempt to make better sense of this enrichment action in the South African context. The study closes with an analysis of the various contractual, delictual and enrichment remedies that are available once a case of duress has been proved.

Construction management competencies are essential to realise sound practices among and to realise optimum performance by, inter alia, emerging civil engineering contractors. Such competencies enable a clear focus on the business of construction and the management of projects, with increased efficiency and reduced costs as a benefit. The objective of the MSc (Built Environment) treatise study were to determine the current practices and performance of emerging civil engineering construction contractors operating in the Nelson Mandela Bay Metropole. The descriptive method was adopted in the empirical study. The salient findings of the study are: most of the emerging civil engineering construction contracting organisations lack construction management competencies; construction resources are inappropriately managed leading to construction failures; most of the emerging civil engineering construction contracting organisations lack adequate supervision resulting to poor workmanship; there is a shortage of skilled labour amongst emerging civil engineering construction contractors; procurement processes are inappropriate leading to under capacitated emerging civil engineering construction contracting organisations being awarded contracts; most emerging civil engineering construction contracting organisations lack the requisite aptitude for construction; there is a lack of capacity at all management levels of emerging civil engineering construction organisations in managing the business of construction and that of projects; the nine functions of organisations are not comprehensively represented, and self-ratings indicate inadequacy relative to the management function of control, and relative to certain activities of the organising function. Conclusions include that emerging civil engineering construction contracting organisations need to be comprised of technical teams that possess adequate competencies and that use the construction technology to its full use enabling their organisations to stay abreast of their competitors. Recommendations that can contribute towards improving the status quo include: formal civil engineering and construction management education, resources must be present and training should be promoted throughout the industry at all levels of management to ensure proper supervision and correct use of adequately trained labour, skilled or semi-skilled, incapacitated emerging civil engineering construction contractors should be awarded contracts through appropriately and structured procurement procedures, adequate aptitude in construction should be promoted and enhanced in order to realise conceptualisation and visualisation capabilities, comply with legislation, maintain records and communicate using state of the art technology, optimally manage the finances, have the requisite resources and undertake the work efficiently, interact with the respective publics, and market the organisation to ensure sustainability thereof.

This research is concerned with the development of independent contractors within the Working for Water Programme over a twenty-four month period. The meaningful participation of previously disadvantaged South Africans fall within the ambit of black economic empowerment. The Government Gazette (1997: No. 1820) defines black economic empowerment as a deliberate programme to achieve the meaningful participation of disadvantaged South Africans in the mainstream economy as managers, owners of capital and employees. The purpose of this research was to evaluate the contractors within the Western Region of the Eastern Cape, in order to assess how they have developed as independent contractors within the developmental framework provided by the Working for Water Programme. This developmental framework takes place over a 462-day period or roughly 24 months. The evaluation aimed to determine whether the two-year development period sufficiently prepared contractors for competition in the open market and if contractors had acquired the necessary skills to run a successful business. A formative programme evaluation was used as a tool of analysis to identify areas of weakness and establish priorities for improvement. A qualitative research approach was followed, guided by an adapted version of the Context, Input, Process and Product approach to evaluation (Parlett and Hamilton cited in Calder, 1995, p.25). Using structured interviews comprising of closed and open ended questions, data was gathered from thirty contractors, five managers and one Senior Executive Officer within the Western Region of the Eastern Cape. An interview was also conducted with the Regional Programme leader of the Eastern Cape. Further data collection techniques included documentary research. Data was analysed using qualitative data analysis techniques described by Thorne (1997, p.118), as relying on inductive reasoning to interpret and structure the meanings that can be derived from the data. Passages of interest were marked so that the data could be reduced to a manageable size as described by Seidman (1991, p.91-1 01) and various categories were developed that had commonalties and thematic connections. The Working for Water Programme aims to exit contractors successfully after a twenty-four month developmental period. The Working for Water Programme has formalised its development framework through a training matrix in which the required training at contractor level is outlined. The finding of the research is that the current contractor development programme do not adequately prepare contractors for independence and entrepreneurship in a competitive market. There is no co-ordinated development of predetermined skills. Contractors are not able to articulate what their plans are after exit from the WFW Programme. No concrete evidence of actively pursuing alternative contract opportunities was evident from contractors who were about to exit the Programme and there is no person to champion the cause of meaningful post exit opportunities. The main recommendations from this research are that contractors be selected via an application system rather that appointment through steering committees. Selected contractors must be medically fit and at least have a matriculation certificate. Contractors should be assessed on a 6-monthly basis and contractors not achieving a minimum competency level must be removed from the programme. Managers should also have basic competency levels in order to facilitate skill transfer through a mentorship process. The charge out rate of equipment should be revised every six months. The charge out rates should also be increased significantly to cater for the harsh conditions under which contractors are operational. A "champion" needs to be appointed which will actively seek exit opportunities for trained contractors. This person will also seek to develop functional partnerships with various private and government institutions to create opportunities for exited contractors.

In terms of the common law contract of employment an employee who is a party to a fixed term contract, unlike an indefinite period contract, cannot be dismissed. The contract terminates upon an agreed or ascertainable date determined by the parties and the conclusion of the contract. Section 186(1)(b) of the Labour Relations Act 1995, however, defines the failure to renew a fixed term contract on the same or similar terms where the employee reasonably expected the contract to be renewed, as a dismissal. In this treatise the scope and content of this provision is considered with reference to relevant case law. The factors and considerations that establish a reasonable expectation are highlighted and considered. The question as to whether or not this provision also provides for the situation where an employee expects indefinite employment is also considered and critically discussed. The author concludes that the provision should not be interpreted in such a manner that an expectation of permanent employment is created.

Thesis (MBA) -- Stellenbosch University, 2011.
Extensive literature exists on the challenges that hinder the growth and development of small-scale farmers in agriculture. These small-scale farmers’ challenges can be broadly classified into financial, technical and market challenges. Despite the awareness and the debate that favours progressing small-scale farmers from subsistence agriculture to commercial agriculture, financiers consider this group of farmers as of high risk and low returns. The emergence of contract farming as a mechanism to integrate small-scale farmers with agribusiness firms, agro-industrial companies, supermarket chains, and processors of agricultural produce has rescued the small-scale farmers from going into oblivion. Contract farming promises benefits for both the farmers and the contract sponsors. In the face of the benefits that contract farming hold, the concept has been critiqued as being an exploitative mechanism that contract sponsors use on the growers. This research evaluates the contract farming arrangement between Gledhow Sugar Company and Mansomini Farmers’ Cooperative. The study assesses how the scheme plays a part in the provision of access to finance, technical support and a guaranteed market access for the small sugarcane farmers. It explores how Gledhow Sugar Company’s structures manage to reduce the associated risk in providing finance to the small-scale farmers. The analysis of findings from the interviews confirms that the structure provides the small-scale sugarcane farmers with finance, technical support and a guaranteed market. However, for Gledhow Sugar Company to continuously achieve its aim and simultaneously develop the farmers there is a need for Gledhow Sugar Company to provide the farmers with more clarity on their role in the arrangement and to make the farmers embrace the long-term vision of the contractual arrangement.

The research problem addressed in this study is to determine what affect current labour legislation has on small, medium and micro-enterprises (SMME’s), in particular with regard to the procuring of Government contracts. To achieve this objective a literature study was undertaken to ascertain what knowledgeable people believed was the affects of labour legislation on SMME’s. The literature study included all relevant labour legislation promulgated by the Government since 1994 The literature study was then used to develop a questionnaire to test the degree to which SMME’s, operating in the Municipal areas of East London and King Williams Town, abided by the relevant labour legislation. The empirical results, in general, indicated a strong adherence to labour legislation. Those organisations that had not strictly adhered to labour legislation were, in most instances, not successful in securing contracts offered by Government or parastatals. The results indicated that all the role-players, namely businesses, trade unions and knowledgeable people have valid arguments both for and against labour legislation. Each group, is however, still concerned and suspicious that in one way or another, they will be placed at a disadvantage with respect to the others positions, and this places a serious strain on the South African economy.

Contracts are promoted as a tool which governments can use to involve the private health care sector in the delivery of public sector services. In low and middle income (LMIC) countries they have been suggesteda s a useful meansb oth for involving the private sectora nd for controlling it. However, evidence from developed countries suggests that the nature of contractual relationships with the public sector can be highly complex and that they may not always operate as envisaged by marketbased economic theory. Very little evidence is available from the different setting of low or middle income countries. This research examined the nature of three different contractual relationships for primary care services in South Africa and Lesotho. A principally qualitative, case study approach, drawing on ideas from new institutional economics, was used to examine the broad context in which these contracts were set, and formal and informal controls upon their operation. A broad framework of factors for the analysis of contractual relationships was used throughout the study and to increase the generalisability of the case study findings. Theories about the varied shape and possible incompleteness of contracts were used as the basis for an examination of formal and informal controls on the operation of contracts in an LMIC setting. The contracts examined were all found to be incomplete and reliant on external factors to determine the way in which they operateda nd the natureo f the contractuarl elationship. Primaryc are services were observed to be both difficult to specify in a contract and very problematic to monitor. The role of factors such as market competition, the nature of the provider, informal monitoring, trust and dependence were each highlighted in the results of the case studies. The importance of taking such factors into account, and recognising the highly variable nature of contracts likely to arise in different settings, were key findings of the study. These findings support a more cautious approach to some of the expectations placed on contracting in low and middle income settings, but also highlight its potential value when approached appropriately.

Includes bibliographical references.
This dissertation seeks to examine how factors like weak and incoherent mining laws, weak governance, transparency and accountability measures, political influence and negotiating power negatively contribute to the negotiation of EDAs in the mining extractive industry of countries that are rich in mineral resources like Malawi. The analysis of these factors is to provide a better understanding why countries like Malawi enter into EDAs on containing terms and conditions that are against their national interest, which in the cases of these contracts are their social and economic development goals. The conclusion of EDAs by countries that want to further their economic development is not reflected in the terms they agree to. Thus the conclusion of these contracts fails to serve the underlying goal, which is to advance social and economic development.

The subject of this paper is whether South Africa should ratify the 1980 United Nations Convention on Contracts for the International Sale of Goods (the CISG). The CISG was enacted in an attempt to create a unified body of law to regulate the international transactions on sale of goods. Due to globalization, countries are trading with each other on a daily basis, and the need for a unified body of contract law has developed.
Dissertation (LLM)--University of Pretoria, 2013.
am2014
Mercantile Law
unrestricted

In South Africa, courts and academia frequently refer to contracts as bonae fidei agreements. Often this term is invoked without further explanation or reflection on what the meaning of this term is. Upon closer inspection it seems that the phrase “bonae fidei has largely become devoid of any meaning. This study embarks upon a critical analysis of case law leading up to the remarks of the Constitutional Court in Everfresh Market Virginia (Pty) Ltd v Shoprite Checkers Ltd 2012 (1) SA 256 (CC); 2012 (3) BCLR 219 (CC), with the aim of determining what the role of good faith in the South African law of contract is and how this concept is approached by South African courts. A brief overview of the historical origins of the concept is given and the English law is considered as a foreign jurisdiction in order to gain understanding of how the concept is dealt with elsewhere. This study does not propose to undertake an in-depth study of consumer protection legislation. The justification for this decision lies in the fact that moving beyond this scope will prove to be too wide a field of study; hindering the in-depth discussion and evaluation of the common law and moving beyond the research aims of this dissertation. A critical analysis of South African case law indicates that it is unlikely that the courts in South Africa will adopt a general defence based on good faith that would empower courts to set aside otherwise enforceable agreements. The principle of good faith now forms part of the umbrella defence of public policy: it is finally accepted that public policy is invested in equitable contractual relationships and not only in upholding the principle of pacta servanda sunt. This study shows that good faith has a more active role to play in the law of contract as there is a duty upon courts to develop the common law so as to bring it in line with constitutional norms and values. This study illustrates the importance of open-ended concepts such as good faith and ubuntu to achieve a greater degree of equity and justice between contracting parties. The conclusion is reached that public policy is informed by the reigning ideology of the day: the contract law of South Africa must reflect its adherence to upholding and promoting the values and norms underlying the Constitution. If courts step up and uphold the constitutional mandate to develop the common law to bring it in line with constitutional values and norms, there will be very little need for legislative interference.
Dissertation (LLM)--University of Pretoria, 2012.
Private Law
unrestricted

The problem of education in South Africa is neither specialization nor broad education. It is adopting the most suitable curriculum for the improvement of educational provision and increasing the ability to adjust to a constantly changing and evolving economic environment. The curriculum of commercial subjects is appropriate for the overall transformation of the South African society because it holds the progressive development of business and entrepreneurial advancement, thereby pepping up industrial and economic development. The intensity and expectations from schools in terms of good results had been so high that since the advent of the new democratic dispensation in 1994, massive budgetary allocations had been committed to the development of education. This study sampled six high schools from circuit one of the Mthatha District of the Eastern Cape Province of South Africa for the investigation into the performance Grade 12 Business Studies learners. The Study revealed that prior knowledge was the most significant factor in determining a good performance in Business Studies. The conclusion is that on the basis of the research findings the overall development of teaching and learning towards good performance in Business Studies by Grade 12 students can be possible if teachers and students are provided with the required resources.

I will examine the treatment of software under the contract laws of the United States, Germany, and South Africa. Furthermore I will analyse the existing international uniform contract law, the Vienna Convention on the International Sale of Goods. I will illustrate how the different legal structures are leading to legal uncertainty in software transactions. Some of the issues being considered include whether software should be treated the same, regardless of the mode of delivery, whether software can fit into existing legal concepts and whether there should be a new body of contract law for software, nationally and internationally. The analysis will be restricted to software transactions for the permanent use against single payment, as it is the common mode of transaction and poses the greatest difficulties. The focus will be on standard software. This term is used to describe computer programs manufactured as copies designed for a range of application for an unlimited number of users as opposed to custom designed software that is specifically designed for the needs of the customer.

This dissertation explores, both theoretically and empirically, the role of strange farmers in the Gambia's mono-cash crop economy and analyzes the structure of strange farmer contracts within the context of rural production relations; ie. the relations of economic agents to resources of production in terms of their use and ownership rights and the relations between economic agents as principals (ie. landlords) and agents (ie. workers; strange farmers). Strange farmers, the migrant laborers who come from the West African hinterland to farm in the coastal areas of the Senegambia region due to certain transaction cost advantages, constitute a dynamic population adjustment to West Africa's spatial, unequal spread of resources. It is argued in this study that the reason "strange farming" has continued to persist is because it is flexible and adaptable to the prevailing agroclimatic conditions and endowments of the West Africa region, and to the economic changes induced by the interplay of internal (the government; technology) and external (e.g., world primary commodity markets) institutional and market forces. Detailed analysis of the strange farmer contract (a contract of "input sharing"), as contrasted with wage, fixed-rent, and sharecropping, is presented; and emphasis is placed on the "strangeness" of the strange farmers (the fact that they are non-residents of their farming areas) as the distinguishing feature of the contract. Our analysis considers how environmental and idiosyncratic factors such as information, risk, and incentive constraints impinge on agents in this environment and how alternative models of the strange farmer system explain how such problems are circumvented. The study concludes by examining the efficiency and (briefly) the equity implications of strange farming, and argues that strange farming performs the vital economic role of providing otherwise labor deficient landlords with a steady and timely supply of labor throughout the farming season and indeed circumvents the contract enforcement and shirking problems posed by a second-best environment.
Ph. D.
incomplete_metadata

Thesis (MTech (Construction Management))--Cape Peninsula University of Technology, 2017.
The supply of housing products that is durable, obtained at optimum cost and available within the shortest time possible describes the term sustainable housing. Findings derived from the reviewed literature concerning the ever-increasing quest of construction clients for ‘best value for money’ on construction projects brought about the emergence of alternative contract procurement strategies. Essentially, literature revealed that it is vital to adopt an appropriate contract procurement strategy, one that best addresses particular project needs and objectives, as the adoption of an inappropriate procurement system would result in excessive project cost and time overrun, low project quality standards and the dissatisfaction of involved construction stakeholders. The quest for the supply of sustainable housing in the Western Cape, South Africa, prompted the need to establish an effective contract procurement strategy for housing project delivery. Noteworthy, this study identified five (5) objectives directed towards establishing an effective contract procurement strategy to enhance sustainable housing delivery: 1) the first objective examined the effectiveness of contract procurement strategies used for housing projects; 2) the second objective identified the factors influencing the selection of a suitable contract procurement strategy for housing projects; 3) the third objective analysed the influence of contract procurement strategies on project cost, time and quality; 4) the fourth objective examined the benefits and shortfalls associated with various contract procurement strategies on housing project resources – construction materials, machinery and manpower; 5) and the last objective was to establish the contract procurement strategy that is most effective for the delivery of sustainable housing. This research adopted a mixed methodological approach involving the administration of close-ended quantitative questionnaires submitted to construction professionals and stakeholders and semi-structured qualitative interviews conducted with construction site managers and supervisors. SPSS version 24 software was used to analyse the quantitative data elicited, and “content analysis” was used to analyse the information obtained through the qualitative interviews. Cronbach’s alpha coefficient reliability test was conducted on scaled research questions to ensure the reliability of the research questionnaire. The research findings revealed that the traditional and the design and build contract procurement approaches are cost, time and quality effective and therefore satisfactory, while the traditional contract procurement system is also effective regarding construction stakeholder satisfaction. The research identified that the significant factors influencing the selection of a contract procurement strategy include delay and mistakes in producing design documents; client inability to brief and make timely decisions; project type, nature, scope and complexity; lack of communication and feedback; lack of discipline among construction workers; and finally, lack of availability of construction materials. The study concluded that thorough consideration of these findings by construction stakeholders within the construction industry will enhance the delivery of affordable, sustainable housing. The research study recommends, among other issues, the comparison of effectiveness of contract procurement strategies on project performance on a site-by-site basis, through work study and other available strategies, to further enhance sustainable housing delivery in the South African construction industry.

This thesis analyses the cost of credit in the micro-finance industry in South Africa. The study situates micro-lending agreements within the law of contract, beginning with an examination of contractual fairness in terms of the common law: the fundamental principle of freedom of contract that underpins the common law of contract; the principle that agreements contrary to public policy should not be enforced; and the impetus given by constitutional values that inform public policy. In regard to moneylending transactions, common law usury law will be explained. The study then goes on to trace the origins and rapid growth of the micro-finance industry which was made possible by its exemption in 1992 from the Usury Act 73 of 1968. The upshot of this development was that registered micro-lenders have for nearly 14 years charged excessive interest rates, and continue to do so. The dire socio-economic impact of these high interest rates on individual consumers and lowincome communities is then demonstrated: how borrowers of small loans soon become over-indebted; the loss of billions of rands every year to low-income communities in the form of interest on micro-loans. The study then shifts to the legislative response to the need for consumer protection in regard to consumer credit. The extensive credit law review process is explained, resulting ultimately in the National Credit Act 34 of 2005, which allows the Minister to prescribe limits on interest rates and fees in all sectors of the consumer credit market. The prescribed limits on the cost of credit in the micro-finance sector are thoroughly explained and analysed, with particular reference to the implications of each element of the credit costing structure, and the combined impact of the total cost of credit on different types and sizes of loans. The envisaged maximum interest and fees will markedly alter the positions of micro-lenders and consumers, and receive careful analysis. The study closes with a summary of findings in the thesis, which includes suggested amendments to the National Credit Regulations and a review of possible legal challenges to the high cost of credit on smaller loans.

Today, the Nigerian oil industry is dominated by MNOCs who provide the technology and managerial expertise for the running of the industry. Petroleum development is a capital-intensive business involving enormous sums of money in foreign exchange. It also involves a lot of negotiations between the MNOCs and Nigeria. These negotiations often end with signing of contractual obligations by both sides. Nigeria, being a Third world country is at obvious disadvantage compared to the MNOCs in terms of risk capital, technology and management skills. The major focus of the study is on the structure and forms of petroleum development contracts between Nigeria and the MNOCs. The scope covers contracts spanning the period when oil exploration first began in Nigeria to the present. Crucial issues such as ownership, control, transfer of technology, financial returns and 'indigenisation' of the industry under the contracts is examined against the background of the country's overall foreign investment policies, petroleum policies and changes in the global oil scene. The aim is to see whether the contracts strike a balance between foreign exploitation and national policy objectives. With contemporary study of law gradually moving towards the study of law as an interdisciplinary subject, the study significantly draws on political economy writings in economics, politics and law. It is found that three kinds of petroleum contracts are operating in Nigeria. These include - concession regimes, joint venture/participation agreements and production sharing/risk service contracts. Also that the structures of these contracts are largely based on the bargaining strength of the two parties. Although, the study argued that Nigeria had improved her bargaining position through her experience over the years and membership of OPEC, yet the study demonstrates that these contracts do not allow Nigeria enough opportunity to reduce her dependence on the MNOCs. In all, the study demonstrates how difficult it is for a less developed country such as Nigeria to gain complete control over its petroleum resource (even if it has the capital) if it lacks technological and managerial capabilities. It also demonstrates the role and limitations of law in fashioning the framework for relations between MNCs and the TWCs.

Thesis ( Masters Diploma(Civil Engineering))--Cape Technikon, Cape Town, 1991
The incidence of disputes has long frustrated effective management and completion of Construction Contracts. Very little material is available on the causes of disputes and how the respective General Conditions of Contract used in this country handle circumstances relating to these areas of dispute. Causes of dispute can be divided into two categories, namely Primary Causes and Secondary Causes. The Primary Causes are Time, Cost and Quality and the Secondary Causes are Risk. Variations and Alterations, Delays, Claims, Adverse Physical Conditions, Extensions of Time and Payment. All the secondary causes of dispute are risk related and a consideration of risk is therefore of utmost importance with regard to avoidance of disputes. To avoid disputes. risk has to be fairly allocated amongst the parties involved in the Contract. Before this can be done, however, risk first has to be identified and an attempt has to be made to reduce it. For a long time General Conditions of Contract have been used in this country which have been closely allied to British General Conditions. The General Conditions of Contract (1982) (Blue Book) is very closely allied to the I.CR General Conditions of Contract (4th edition). The latter contract was revised in 1979 and was generally considered to be more favourable toward the Contractor. It has become known as the LCE. General COnditions of Contract (5th edition). Both the General Conditions of Contract (1982) and the ESKOM General Conditions of Contract have recently been reVised, and on comparison of the clauses relating specifically to the major causes of disputes mentioned preViously, were found to be more biased in favour of the Employer and more closely allied to the C.S.R.A. General Conditions of Contract 1986, also widely used in South Africa The major reason for having drawn this conclusion is that in the case of GC C '90 and ESKOM '90, all claims have to be made in accordance with a general claims clause which involves a procedure which subjects the Contractor to unfair requirements and allocates risk unfairly on him. The General Conditions of Contract 1990 do, however, represent improvements in certain respects, namely with respect to clauses relating to Care of Works, Excepted Risks, Valuation of Variations, Monthly Payments, Time of Payments and Correction or Withholding of Certificates. No set of General Conditions can provide a completely equitable situation and each has its pros and cons. This thesis should provide an easy reference as to which are the major causes of disputes and as to how the respective General Conditions of Contract in this country handle the circumstances relating to these areas of dispute. It will also put forward recommendations on how disputes can be avoided and how certain clauses of the relevant documents can be improved.

Thesis (MDF)--Stellenbosch University, 2015.
ENGLISH ABSTRACT: The Western Cape Education Department (WCED), through the Department of Public Works (DTPW), launched the Grade R classroom programme in 2009 to increase primary school enrolment in less privileged communities. Due to the low construction contract values the programme has attracted SME contractors. These SMEs have stalled the programme by either not delivering on time or by going insolvent whilst building Grade R classrooms. This research investigated the challenges encountered by SME contractors in delivering Grade R classrooms. The objectives of the research were achieved by means of a questionnaire administered through telephonic interviews and face-to-face interviews. Thirteen contractors have taken part in the programme since 2009. All contractors who have built the classrooms in the Cape Metropole region were contacted for a telephonic interview of which 12 agreed to participate in the telephonic interviews. Descriptive statistics were used to collate and discuss the challenges reported by the contractors. The findings are similar to other studies of SME contractors. SME contractors that took part in the survey confirmed that financial factors, economic and external environment, management skills and expansion and growth factors have been affecting their businesses. The fifth factor, which is the project specific factor, had the most interesting data. Nine out of twelve contractors interviewed indicated that they were not satisfied with the grade R contract working environment. If it was not for scarcity of work, they would not tender for Grade R classrooms. Nine out of twelve contractors interviewed indicated that the DTPW and its agents hindered the successful delivery of Grade R projects through their actions. The main reasons given were the late handover of sites, incomplete construction information, unreasonable construction period, numerous specification changes and delays in processing information. What emerges from the data collected is that the DTPW needs to address the challenges highlighted in this research report. Addressing the challenges will ensure the success of the Grade R programme. This will be beneficial to both the SME contractors and the DTPW. The study also makes recommendations on how to address the challenges.

The objective of this paper is to investigate the Rotterdam Rules, and to ascertain whether South Africa should accede to or ratify them. In order to accomplish this, South Africa's current maritime transport regime will be examined, and existing "problem areas" will be identified. This will be followed by a comparative analysis between the Rotterdam Rules and the Hague-Visby Rules, which South Africa applies as part of national law to regulate the carriage of goods by sea. As a new maritime Convention, the Rotterdam Rules have attracted widespread criticism and support, and whether such is justified will also be considered. Finally potential considerations South Africa should take into account in electing whether or not to accede or ratify the Rules have been assessed from a political, economic, social, technological, legal and environmental standpoint as at 31 December 2011

Dissertation submitted in partial fulfilment of the requirements for the degree Master of Technology of Technology: Business Information Systems in the Faculty of Business at the Cape Peninsula University of Technology
This study evaluates the utilisation and effectiveness of contract clauses in Information Technology (IT) and Information System (IS) projects in South Africa to address and mitigate key risks associated with these types of projects. This study established whether specific clauses were being utilised to address key risks, and where clauses were being utilised, whether these clauses were effective in addressing and mitigating the impact of these key risks. The need for the study arose because the researcher had experienced on several occasions in his workplace that contracts which appeared fail-safe during the negotiation stage did not reach the proposed targets, let alone maturity of the agreement. To establish whether colleagues in similar positions in computer-based organisations experienced similar disruptions a quantitative questionnaire was distributed to organisations in the Johannesburg area to gain an insight into their risk profile. Risk could arise from the contract construction and/or wording. Reference was made to the contracts in the engineering environment where standard contracts have been in place for a number of years. Specifically the New Engineering Contract (NEC) of 2011 and the Professional Services Contract were consulted. The study concentrated on four categories of risk identified in a literature review, namely corporate management risk, project management risk, resource utilisation risk and technology risk, which resulted in 42 sub-factors examined. The population of suitable and relevant IT and IS companies could not be definitely established but the researcher made telephonic contact with known organisations and 24 participants agreed to participate in the exercise; 12 service providers and 12 clients of providers, where 78% of participants experienced one or more of the risk factors, and 53% used NEC standard contracts.

The public sector is the biggest consumer of construction works in South Africa. Public sector is known for late payments to its service providers. This led to the study’s problem statement that stipulates that, the construction industry; particularly emerging contractors generally experience late payments from clients and employers. This is due to the fact that emerging contractors are vulnerable to failing as these contractors have limited financial resources and experience. The primary objective of the study was to develop a better understanding of the implications of late payments by the government on emerging construction contractors. The study therefore investigated the experiences of emerging construction contractors in the Eastern Cape. The secondary objectives of the study were: to identify the reasons for late payments by the public sector; determine the payment norms applicable to, and expectations of emerging construction contractors; establish construction contractors’ experiences with government payment methods; and to examine the implications of late payment on emerging contractors and their businesses. The study was conducted within a qualitative research paradigm. The participants were identified through non-probability snowball sampling. The sample consisted of five emerging construction contractors mainly from the Civil Engineering and General Building sectors in the Eastern Cape. The data was collected using semi-structured interviewing and was analysed using Tesch’s qualitative analysis explained by Hesse-Biber & Leavy (2011:201). The key results of the empirical study show that late payments have incapacitating effects on the development of emerging contractors. The conclusion reached from the empirical study includes recommendation that construction industry stakeholders form payment legislation aimed at curbing the delay of payments.

Thesis (PhD (Accounting))--University of Stellenbosch, 2005.
ENGLISH ABSTRACT: The South African long-term insurance industry is currently believed to be at an important crossroads in its existence. The industry is haunted by concerns about high cost structures, a lack of transparency in disclosure to policyholders, unfulfilled expectations of policyholders and the proliferation of available investment vehicles in the market. These concerns are exerting pressure on the existing products and practices of South African long-term insurers. The audits of these insurers are of a complex and high-risk nature as a result of the complexity of their operations and, in particular, the highly complex actuarial valuation process in respect of policy liabilities. The prevailing auditing standards in South Africa require auditors to include policy liabilities in the ambit of their audit opinions. Recent investigations into failed long-term insurers and their audits, including those of local Fedsure Life, British Equitable Life Assurance Society and Australian HIH Insurance, demonstrate the high risk involved in the audits of long-term insurers. Against this background, the objective of this research was to develop a best practice framework for the formulation of overall audit strategies for policy liabilities arising under insurance contracts and the related earnings of listed South African long-term insurers. To justify the focus of the research on the abovementioned components of the financial statements of listed South African long-term insurers, a questionnaire was developed and sent to auditors of all long-term insurers listed on the JSE Securities Exchange South Africa for completion. Responses were processed to calculate a Relative Inherent Risk Index specifically developed for use in this research, ranking various industry-specific account balances and classes of transactions on the basis of their potential exposure to inherent risk. The results of this process provided significant support for the hypotheses that policy liabilities and the related earnings are potentially exposed to the highest levels of inherent risk. The remainder of the research consequently focused on these components. A further very comprehensive questionnaire was developed to collect data with respect to respondents’ views of potential best practices for the audit of various aspects relating to policy liabilities arising under insurance contracts and the related earnings of listed South African long-term insurers, on the basis of their extensive experience in the industry. This questionnaire was sent to experienced auditors responsible for the audits of the five largest listed long-term insurers in South Africa for completion. Responses were received from four of the five potential respondents, resulting in an 80% response rate, enabling meaningful analysis and interpretation of the data. Responses were analysed, interpreted and documented in the form of a detailed best practice framework for the formulation of overall audit strategies for policy liabilities arising under insurance contracts and the related earnings. The lack of a fifth response was compensated for by a review of the research findings by experienced auditors of Deloitte and the provision of their opinions thereon. Deloitte was selected for this purpose as the fact that this auditing firm is the only one of the so-called “Big Four” auditing firms that does not act as auditor of one of the selected target long-term insurers, resulted in the initial exclusion of the firm’s views from the research. The framework was updated to reflect these opinions and now incorporates input from all of the so-called “Big Four” auditing firms. The framework provides a comprehensive discussion of all possible types of audit procedures that may be relevant to the audit of all aspects of policy liabilities arising under insurance contracts and the related earnings of listed South African long-term insurers. As no such framework existed prior to this research, the development thereof made a significant contribution to existing knowledge. This contribution is the result of, inter alia, the method followed in designing the framework, resulting in it representing a synthesis of, inter alia, the following: • existing international and limited local guidance for auditors and, in particular, auditors of long-term insurers, customised for the South African environment; • best practices currently in use on the audits of listed South African long-term insurers; and • views of experienced practitioners on the abovementioned types of best practices that might not be employed at the moment, but that should, in their views, be employed in future. The valuable contribution of this research to existing knowledge is clear from the fact that numerous publications in popular professional as well as accredited academic journals, plus a paper delivered at a conference have resulted from it (refer to the source list and Appendix A). Furthermore, the South African Institute of Chartered Accountants has approved a project to update existing South African guidance for auditors of long-term insurers on the basis of the findings of this research.

This thesis analyses the compatibility of the United Nations Convention on Contracts for the International Sale of Goods (CISG) with the South African law of sale. An initial examination of the historical development of the CISG reveals its ambitions of becoming the primary source of law governing international contracts of sale. The goal of this research is to determine whether South Africa should ratify the CISG. The CISG has been ratified by most of the leading trading States in the world. In order to gain a better understanding of the advantages and disadvantages of ratification, a comparative study has been undertaken. The stance taken toward the CISG by the United Kingdom and Germany has been examined. The United Kingdom has staunchly avoided ratifying the CISG, despite having agreed thereto a number of years ago. Germany however has taken a different approach and has welcomed the CISG. The experiences of these foreign States serve as a useful guide when assessing the specific challenges that exist in South Africa concerning the adoption of the CISG. The most important aspect of this study is the direct comparison between the legal provisions housed in the CISG and their counterparts under South African law. A careful investigation has been conducted into the rights, duties, and remedies under the CISG. This investigation is followed by an examination of the corresponding rights, duties, and remedies under the South African domestic law of sale. It is evident from these explorations that the rights and duties under the CISG strongly resemble those under South African law. The direct comparison revealed however that certain remedies found in the CISG do not have a counterpart under South African law. Despite this discrepancy, there are no legal principles in the CISG that are completely unknown in South African law. While certain remedies housed in the CISG cannot be found in an identical form under South African law, sufficiently similar legal principles can be found, which frequently lead to the same results as those under the CISG. This study is concluded with a recommendation concerning South Africa’s adoption of the CISG.

Thesis (PhD)--Stellenbosch University, 2011
ENGLISH ABSTRACT: The Public-Private Partnership (PPP) is a popular instrument for public service delivery. It is important that public managers will be able to recognize when a PPP would be an appropriate service delivery option, and will be able to maximize a PPP‘s chances of success when it is the chosen service delivery instrument. The research question addressed in this dissertation is: ―What are the critical factors that can be replicated that separate successful PPPs from PPPs that do not deliver or that collapse? In this dissertation critical success factors for PPPs are identified through a step-by-step process in which different sources of success factors are analysed and where successively identified sets of success factors are compared and combined in a repetitive layered process of synthesis. A list of success factors is created and expanded through an iterative process of evaluation, removal of duplications, combination of related success factors and listing of unique success factors. Success factors are found in literature while describing the PPP concept and partnership mechanics and management. Success factors are identified in partnership literature, in public governance literature, in private sector collaboration literature, in entrepreneurial studies and in a collection of perspectives on success. These perspectives include those of stakeholders, of private operators, of the third sector as well as perspectives from disciplines and knowledge and practice frameworks such as project management, corporate governance, enterprise risk management and organisational design. Additional success factors are identified in a discussion on the evaluation of partnerships, where it is shown that success factors can be derived from evaluation based on characterization, from partnership definitions, from the perspective of programme evaluation, from measuring the performance of business improvement districts, from alternating focus partnership evaluation (sector by sector, theme-based, local-level) and from service delivery evaluation. The evaluation of partnership examples also provides insight into success factors. The final filtering and synthesis of evidence uses the results of questionnaires, from which success factors are derived, to conduct a final distillation and produce the final list of success factors identified. A total of 466 individual success factors are identified in this dissertation, these factors are grouped into 43 distinct categories. The two most critical success factors for PPPs are identified as firstly delivering a publicly needed service and secondly achieving the objectives of the partnership. The answer to the research question described above is that critically, two conditions must be met to make a PPP successful, and that is that the goals of the PPP must be achieved and that a public need must be satisfied. There are many additional success factors which can further define success and degrees of success, all of which are descriptions of desired conditions from the perspective of stakeholders. The exploratory and hypothesis-generating study culminates in a hypothesis that states that if public managers are faced with a choice of service delivery options, and the use of a PPP is one option, and if the manager applies the categories of recommended critical success factors identified in this dissertation, the manager will be able to determine whether a PPP would be an appropriate service delivery vehicle, and furthermore, if PPP is chosen as service delivery vehicle, the public manager would, through the application of the success factors identified in this dissertation, have a greater chance of successful implementation of the PPP through purposeful collaboration. The study contributes to the public management body of knowledge by covering new ground in terms of the evaluation and management of public-private partnerships.
AFRIKAANSE OPSOMMING: Publiek-Privaat Vennootskappe (PPVe) is 'n gewilde instrument vir die lewering van openbare dienste. Dit is belangrik dat openbare bestuurders sal weet wanneer 'n PPV 'n goeie opsie sal wees vir openbare dienslewering en hoe om 'n PPV se geleentheid vir sukses te verhoog as dit die gekose dienslewerings-instrument is. Die navorsings-vraag wat in hierdie proefskrif aangespreek word is: Wat is die kritieke sukses-faktore wat gerepliseer kan word wat suksesvolle PPVe onderskei van PPVe wat nie presteer nie of wat ineenstort? In hierdie proefskrif word kritieke suksesfaktore vir PPVe geïdentifiseer deur 'n stap-vir-stap proses waardeur verskillende bronne van suksesfaktore ge-analiseer word en agtereenvolgende stelle van suksesfaktore vergelyk en gekombineer word in 'n herhalende, gelaagde proses van sintese. 'n Lys van suksesfaktore word geskep en uitgebrei deur ‗n iteratiewe proses van evaluasie, die verwydering van herhalings, die kombinasie van verwante faktore en die lys van unieke faktore. Suksesfaktore word gevind in literatuur terwyl die PPV konsep en vennootskap meganismes en -bestuur beskryf word. Suksesfaktore word geïdentifiseer in vennootskap literatuur, in openbare bestuur literatuur, in privaatsektor samewerkingsliteratuur, in entrepeneur studies en in 'n versameling perspektiewe op sukses. Hierdie perspektiewe sluit in die van belanghoudendes, van private operateurs, van die derde sektor sowel as perspektiewe van dissiplines en kennis en praktyk raamwerke soos projekbestuur, korporatiewe bestuur, ondernemingsrisikobestuur en organisatoriese ontwerp. Bykomende suksesfaktore word geïdentifiseer in 'n bespreking oor die evaluasie van vennootskappe, waar dit aangedui word dat suksesfaktore afgelei kan word van karakter-gebaseerde evaluasie, van die prestasiemeting van besigheidsverbeteringsdistrikte ("Business Improvement Districts"), van alternatiewelik-fokusende vennootskap-evaluasie (sektor-vir-sektor, tema-gebasseerd, plaaslike vlak) en van dienslewerings-evaluasie. Die evaluering van vennootskap voorbeelde voorsien ook insig in suksesfaktore. Die finale filtrasie en sintese van bewyse gebruik vraelyste, waarvandaan suksesfaktore afgelei word, vir 'n finale distillasie en die saamstel van 'n finale lys van geïdentifiseerde suksesfaktore. In totaal word 466 indiwiduele suksesfaktore in hierdie proefskrif geïdentifiseer, wat in 43 aparte kategorieë gegroepeer word. Die twee mees kritieke suksesfaktore wat uitgewys word is om eerstens 'n benodigde publieke of openbare behoefte te bevredig of diens te lewer, en tweedens om die doelwitte van die vennootskap te bereik. Die antwoord op die navorsings-vraag wat hierbo beskryf word is dat daar krities aan twee voorwaardes voldoen moet word om 'n PPV susksevol te maak, en dit is dat die vennootskap se doelwitte moet bereik word en dat ‗n openbare behoefte bevredig moet word. Daar is verskeie bykomende suksesfaktore wat sukses en die mate van sukses verder kan definieer, waarvan almal beskrywings is van verlangde toestande uit die oogpunt van belanghebbendes. Die uitset van die verkennende en hipotese-vormende studie is 'n hipotese wat lei dat, indien openbare bestuurders met 'n keuse van dienslewerings opsies gekonfronteer word, en indien die gebruik van 'n PPV een van hierdie opsies is, en indien die bestuurder dan die kategorieë van voorgestelde suksesfaktore wat in hierdie proefskrif geïdentiseer is toepas, sal dit vir die bestuurder moontlik wees om te bepaal of 'n PPV 'n toepaslike diensleweringsvoertuig kan wees, en verder dat, indien 'n PPV die gekose diensleweringsvoertuig is, die openbare bestuurder deur die toepassing van die susksesfaktore wat in hierdie proefskrif geïdentifiseer is 'n groter kans sal hê vir suksesvolle implementering van die PPV deur doelgerigte samewerking.

Thesis (MDF)--University of Stellenbosch, 2010.
The constraints that impede the growth of smallholder farmers have been attributed to lack of access to markets and technical expertise. This has led to mainstream banks classifying smallholder farmers as high risk and therefore unwilling to finance smallholder farmers. Contract farming has developed as a model that may be able to link smallholder farmers with agribusinesses who have the expertise and have built marketing channels that can be utilised by the smallholder farmers. Despite its potential to bring smallholder farmers into the mainstream agriculture industry, literature on contract farming has indicated that contract farming can be skewed in favour of the agribusiness due to their superior bargaining power and information asymmetry in favour of the agribusiness. This study examines the Industrial Development Corporation (IDC)’s Kat River Development Scheme to finance nine farmers through a contract farming arrangement with Riverside (Pty) Ltd. More particularly, the study examines how this financing model contributes to improved access to finance, markets and technical expertise for the farmers. It also examines how the arrangement contributes to reducing the risk of financing smallholder farmers for IDC. The empirical analysis indicates that, despite the fact that the farmers are able to obtain access to finance, market and technical expertise, the ability for the scheme to meet its objectives in the long term is dependent on improving transparency between the agribusiness and the farmers, providing appropriate incentives for the farmers to apply the required effort and the farmers buying into the long term strategic aim (or “big picture”) of the scheme.

Thesis (MScAgric)--Stellenbosch University, 2005.
ENGLISH ABSTRACT: This study examines the role of contracting in reducing transaction costs in smalIscale mussel farming in Saldanha Bay. Masiza Mussel Growers (Masiza), an initiative by the public and private sector to address the imbalances of the past through entrepreneurial development, are used as a case study hence a case study approach is followed. Two transactions were considered, one between Masiza and Blue Bay Aqua Farm (Blue Bay) and another between La Vie Sea Food Products (La Vie) and Masiza. These transactions form the basis for analysis. Market risks, uncertainties, environmental risks, information incompleteness, illiteracy, limited technical knowledge of farming, lack of appropriate infrastructure and lack of transport facilities are identified and examined as possible sources of transaction costs that constrain the existing supply chain relationship. The study shows that asset specificity, time specificity, and site specificity playa positive role in the supply chain as they result in relative dependency amongst parties. Opportunistic behavior within the existing supply chain is neutral, but appears to be relatively high on the spot or fresh live market. Characteristics of market transactions for mussels and associated transaction costs suggest that fresh-live spot market trading for Masiza is difficult to attain. This therefore motivates parties (Masiza) to contract or vertically integrate, as it is costly and risky to rely on spot live markets. Interviewees (Masiza) pointed out that the benefits associated with contract farming outweigh the transaction costs associated with this governance structure. Hence a market specification contract with the La Vie (a processing company), and a production management and resource provision contract with Blue Bay (a larger producer) were designed. They reduce transaction costs associated with fresh-live markets and ensure a more stable and reliable market for growers.
AFRIKAANSE OPSOMMING: Die studie ondersoek die rol van kontraktering in die vermindering van transaksie koste vir klein skaal mossel produsente in Saldanha baai. Die Masiza Mussel Growers (Masiza) word as gevallestudie gebruik. Twee transaksies met o.a. Blue bay Aqua Farm (Blue Bay) en La Vie Sea Food Products (La Vie) was ter sprake en laasgenoemde het as basis vir die analise gedien. Mark risiko, onsekerheid, omgewings risiko, gebrekkige informasie, ongeletterdheid, beperkte tegniese kennis, beperkte infrastruktuur en beperkte verroer fasiliteite is geidentifiseer en ondersoek as moontlike oorsake van hoë transaksie koste wat die huidige aanbod ketting strem. Die studie toon aan dat interafhanklikheid tussen die betrokke partye deur bate, tyd en area spesifisiteite bevorder word en dus 'n positiewe rol in die aanbod ketting speel. Opportunistiese gedrag binne die bestaande aanbod ketting is neutraal, maar blyk hoog te wees in die vars mark. Transaksie kostes en eienskappe blyk beduidende beperkinge te wees vir kleinskaal mossel produsente om aktief deel te neem in die mark. Die opstel van kontrakte (of vertikale integrasie) blyk dus 'n uitkoms te wees. Respondente het aangetoon dat kontrak boerdery voordelig blyk te wees. Laasgoemde het tot die ontwikkeling van mark kontrakte met die La Vie ('n verwerkings maatskappy) asook produksie bestuur en hulpbron voorsiennings kontrakte met Blue Bay ('n groot kommersiële produsent) gelei. Die kontrakte beperk transaksie koste vir die vars mark en verseker 'n stabiele en betroubare mark vir produsente. 'n Transaksie koste analiese word gebruik om transaksie kostes te ondersoek en te verifieer binne die industrie.