To see the other types of publications on this topic, follow the link: Contracts, africa.
Journal articles on the topic 'Contracts, africa'
Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles
Consult the top 50 journal articles for your research on the topic 'Contracts, africa.'
Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.
You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.
Browse journal articles on a wide variety of disciplines and organise your bibliography correctly.
1
Webster, Natasha Alexandra, and Martina Angela Caretta. "“Women in groups can help each and learn from each other”: The role of homosocial practices within women’s social networks in building local gender contracts." Multidisciplinary Journal of Gender Studies 5, no. 3 (October 25, 2016): 1072. http://dx.doi.org/10.17583/generos.2016.1992.
Full textAbstract:
Feminist scholars struggle to articulate gender relations in different contexts. Using the concept of local gender contract - a place specific agreement of gender relations, we explore how women’s networks challenge or shift gender contracts in their communities. Based on two empirical case studies of women´s groups from Eastern Africa and Thai migrants in Sweden, we show gender contracts are challenged through women’s homosocial activities. We highlight tensions between gender contracts and the women’s goals revealing a complicated process of assent and resistance. This study expands gender contract theoretically and provides a way to understand vulnerable women’s activities.
2
Porter, Gina, and Kevin Phillips-Howard✠. "Comparing contracts: An evaluation of contract farming schemes in Africa." World Development 25, no. 2 (February 1997): 227–38. http://dx.doi.org/10.1016/s0305-750x(96)00101-5.
Full text
3
Moritz, Mark, Kristen Ritchey, and Saïdou Kari. "The social context of herding contracts in the Far North Region of Cameroon." Journal of Modern African Studies 49, no. 2 (April 26, 2011): 263–85. http://dx.doi.org/10.1017/s0022278x11000048.
Full textAbstract:
ABSTRACTDroughts across Africa have led to a shift in livestock ownership from impoverished pastoralists to absentee owners who contract hired herders to manage their animals. The assumption has been that these contracts are exploitative and negatively affect herd and rangeland management. We conducted an ethnographic study of a mobile pastoral system in the Far North Region of Cameroon to examine whether herding contracts provide sustainable livelihoods and allow herders to rebuild their herds. We found considerable variation in contracts and livelihoods, and argue that the social organisation of herding contracts may explain why they have no negative impact on herd and rangeland management.
4
Calitz, K. "Globalisation, the Development of Constitutionalism and the Individual Employee." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 10, no. 2 (July 4, 2017): 1. http://dx.doi.org/10.17159/1727-3781/2007/v10i2a2805.
Full textAbstract:
Summary To establish which legal system will govern the relationship between parties involved in an international employment contract, the rules of private international law (or conflict of laws) must be applied. Each country has its own rules of private international law and each country’s courts will apply its own rules if the court is seized with a matter that involves foreign elements. There may be conflict between the potentially applicable legal systems of countries in terms of the level of protection afforded to employees who are parties to international employment contracts. South Africa has constitutionalised the right to fair labour practices and the question is whether this right is applicable to South African employees working in other countries, or to foreigners working in South Africa who originate from countries where this right is not protected. The answer to this question is to be found in the influence of the Constitution on the rules of private international law as applied by South African courts. It is evident from recent judgments of the Labour Court that the Court will readily assume jurisdiction and will furthermore readily hold that the proper law of the contract is South African law in order to protect the constitutional rights of employees involved in international employment contracts. Had the Labour Court held that the place of performance was still the decisive connecting factor, (as previously decided in most South African cases on thisaspect) the law of the other countries involved in the international employment relationship could have left employees in a worse position than under South African law. This possibility seems to be one of the important underlying reasons for the Labour Court’s willingness to assume jurisdiction and to hold that the proper law was in fact South African law. In the globalisation context the Labour Court has contributed to the advancement of constitutionalism by developing South Africa’s common law rules of private international law to afford constitutional protection to employees involved in international employment contracts.
5
Coleman, Theophilus Edwin. "Reflecting on the Role and Impact of the Constitutional Value of uBuntu on the Concept of Contractual Freedom and Autonomy in South Africa." Potchefstroom Electronic Law Journal 24 (March 29, 2021): 1–68. http://dx.doi.org/10.17159/1727-3781/2021/v24i0a8727.
Full textAbstract:
Private parties have the freedom and autonomy to enter into a contract. This autonomy is deeply rooted in their dignity and personal liberties. Private individuals, in furtherance of their autonomy and freedom to enter into a contract, have certain reasonable expectations, most fundamental of which is the desire that maximum respect is given to their legitimately concluded agreement. The concept of contractual freedom and autonomy connotes the idea that private individuals (natural and juristic) have the liberty to arrange their affairs in a manner that meets their economic interest without governmental inhibition, control and/or interference. However, the operative scope and the practical manifestations of the concept of contractual freedom are circumscribed in the constitutional, statutory, legislative and other socio-cultural orders of States. This article seeks to reflect on the role and influence of the constitutional value of ubuntu on the principle of contractual freedom and autonomy, and the naturally accompanying concepts of pacta sunt servanda and sanctity of contract in South Africa. The article provides an analysis of the judicial interpretation and views on the concept of contractual freedom and autonomy relative to other competing values that underlie the Constitution of the Republic of South Africa. Furthermore, the article appraises the impact of those judicial views on international commercial agreements. The article also discusses the extent to which communitarian values such as the concept of ubuntu have been infused into South African contract law and further reflects on the implication of infusing such communitarian values in both domestic and international contracts. The article concludes with a suggestion that the introduction of traditional African values in South African contract law fundamentally alters the theoretical foundations of the principle of contractual freedom and autonomy in both domestic and international contracts.
6
Emmamally, Zeenat. "Slapping down SLAPP suits in South Africa: The need for legislative protection and civil society action." South African Law Journal 139, no. 1 (2022): 1–31. http://dx.doi.org/10.47348/salj/v139/i1a1.
Full textAbstract:
The formation of online contracts has enjoyed considerable judicial and academic attention in American law. Generally, American courts are of the view that the rise of online contracts has not necessitated any changes to the fundamental principles of the law of contract, although commentators argue that the enforcement of online contracts has stretched the requirement of mutual assent beyond recognition. This article engages in a comparative evaluation of these arguments, as well as some proposals contained in the American Law Institute’s Draft Restatement of the Law, Consumer Contracts. Ultimately, the aim is to identify whether the principles regarding the formation of contracts in South African law ought to be adapted or supplemented to accommodate online contracts. It is found that both legal systems subscribe to fairly lenient formation requirements. The possibility of recognising more stringent assent-related requirements, such as imposing specific disclosure requirements, is investigated. It is concluded that there is little to be gained by insisting on stricter formation requirements for online contracts in general, because consumers rationally choose not to read these contracts. Instead, recognising these concerns may provide the impetus for increased reliance on other forms of control, most notably regulating the use of certain problematic standard terms.
7
Steyn, Derik, and Pierre Mostert. "Contracts versus relationship intention as indicator of customer trust in and commitment to cell phone service providers." Management 27, no. 1 (June 22, 2022): 167–90. http://dx.doi.org/10.30924/mjcmi.27.1.10.
Full textAbstract:
Social exchange theory postulates long-term customer-company relationships are built on trust and commitment. Cell phone service providers seek to secure the trust and commitment of their customers through service contracts. Relationship intention (RI) is a more precise measure of customer trust and commitment. This paper compares the trust of cell phone service customers and their commitment to cell phone service providers based on customers’ contract status and RI classification. Data from 1,473 cell phone customers from South Africa (n = 589) and the Philippines (n = 884) were analyzed. The study shows for both the South African and Philippine samples that there is no relationship between respondents’ contract status and their trust in or commitment to cell phone service providers and that trust in or commitment to cell phone service providers is significantly higher among high relationship intention (HRI) customers than among low relationship intention (LRI) customers. RI is a stronger indicator of customers’ trust in and commitment to cell phone service providers than contracts in both countries. This makes HRI customers more receptive to relationship marketing strategies than customers with contracts or LRI customers, as HRI customers trust and commit to cell phone service providers significantly more.
8
Huysamen, Elsabé. "An Overview of Fixed-Term Contracts of Employment as a Form of A-typical Employment in South Africa." Potchefstroom Electronic Law Journal 22 (October 11, 2019): 1–42. http://dx.doi.org/10.17159/1727-3781/2019/v22i0a4605.
Full textAbstract:
A fixed-term employment contract is an example of atypical or non-standard employment. Fixed-term appointments can have many benefits when utilised for proper and lawful reasons. These contracts are frequently abused, however, by unscrupulous employers and are generally regarded as providing less security to employees than permanent employment. The article considers the general use of fixed-term contracts and addresses selected issues pertaining to the 2014 amendments to the Labour Relations Act 66 of 1995 in as far as these contracts are concerned. The article also considers the potential effect these amendments might have on common historic problems associated with fixed-term contracts and highlights certain unresolved problem areas and uncertainties.
9
Atiase, Victor Yawo, Samia Mahmood, Yong Wang, and David Botchie. "Developing entrepreneurship in Africa: investigating critical resource challenges." Journal of Small Business and Enterprise Development 25, no. 4 (August 13, 2018): 644–66. http://dx.doi.org/10.1108/jsbed-03-2017-0084.
Full textAbstract:
Purpose By drawing upon institutional theory, the purpose of this paper is to investigate the role of four critical resources (credit, electricity, contract enforcement and political governance) in explaining the quality of entrepreneurship and the depth of the supporting entrepreneurship ecosystem in Africa. Design/methodology/approach A quantitative approach based on ordinary least squares regression analysis was used. Three data sources were employed. First, the Global Entrepreneurship Index (GEI) of 35 African countries was used to measure the quality of entrepreneurship and the depth of the entrepreneurial ecosystem in Africa which represents the dependent variable. Second, the World Bank’s data on access to credit, electricity and contract enforcement in Africa were also employed as explanatory variables. Third, the Ibrahim Index of African Governance was used as an explanatory variable. Finally, country-specific data on four control variables (GDP, foreign direct investment, population and education) were gathered and analysed. Findings To support entrepreneurship development, Africa needs broad financial inclusion and state institutions that are more effective at enforcing contracts. Access to credit was non-significant and therefore did not contribute to the dependent variable (entrepreneurship quality and depth of entrepreneurial support in Africa). Access to electricity and political governance were statistically significant and correlated positively with the dependent variables. Finally, contract enforcement was partially significant and contributed to the dependent variable. Research limitations/implications A lack of GEI data for all 54 African countries limited this study to only 35 African countries: 31 in sub-Saharan Africa and 4 in North Africa. Therefore, the generalisability of this study’s findings to the whole of Africa might be limited. Second, this study depended on indexes for this study. Therefore, any inconsistencies in the index aggregation if any could not be authenticated. This study has practical implications for the development of entrepreneurship in Africa. Public and private institutions for credit delivery, contract enforcement and the provision of utility services such as electricity are crucial for entrepreneurship development. Originality/value The institutional void is a challenge for Africa. This study highlights the weak, corrupt nature of African institutions that supposedly support MSME growth. Effective entrepreneurship development in Africa depends on the presence of a supportive institutional infrastructure. This study engages institutional theory to explain the role of institutional factors such as state institutions, financial institutions, utility providers and markets in entrepreneurship development in Africa.
10
Mohamed, Raeesah, Karunanidhi Reddy, and P. M. Naidoo. "The Implications of Consumer Protection Legislation for Hotels and Guests in South Africa." Journal of Economics and Behavioral Studies 9, no. 2(J) (May 18, 2017): 33–45. http://dx.doi.org/10.22610/jebs.v9i2(j).1648.
Full textAbstract:
During the apartheid era, consumers in South Africa, based on their race and ethnicity, were restricted when concluding contracts, as there was no open market trade. As consumers, hotel guests could also be victims of unfair business practices. Hotels use standard form contracts that may include unfair terms that favour the business and which are over-protective of business interests. A significant percentage of the population have low literacy levels, which severely disadvantage them when it comes to understanding the content and consequence of contracts. The Consumer Protection Act (CPA) introduces wide-ranging legal measures to protect consumers, including hotel guests, from exploitation and abuse in the marketplace and sets out comprehensive obligations for hotels. This article provides a descriptive critique based on literature and describes the challenges faced by hotel guests and discusses the implications of the Act for hotels and guests. It concludes that not only does the CPA advocate ethical business practices that are mandatory for hotels, but it also introduces a range of rights and protection for guests as consumers. The CPA has introduced a shift in contract law from a standpoint which allowed the parties the freedom to choose the content of the contract to one where fairness and transparency is imperative, as protection in terms of legislation compensates for the weaker bargaining position of the consumer.
11
Mohamed, Raeesah, Karunanidhi Reddy, and P. M. Naidoo. "The Implications of Consumer Protection Legislation for Hotels and Guests in South Africa." Journal of Economics and Behavioral Studies 9, no. 2 (May 18, 2017): 33. http://dx.doi.org/10.22610/jebs.v9i2.1648.
Full textAbstract:
During the apartheid era, consumers in South Africa, based on their race and ethnicity, were restricted when concluding contracts, as there was no open market trade. As consumers, hotel guests could also be victims of unfair business practices. Hotels use standard form contracts that may include unfair terms that favour the business and which are over-protective of business interests. A significant percentage of the population have low literacy levels, which severely disadvantage them when it comes to understanding the content and consequence of contracts. The Consumer Protection Act (CPA) introduces wide-ranging legal measures to protect consumers, including hotel guests, from exploitation and abuse in the marketplace and sets out comprehensive obligations for hotels. This article provides a descriptive critique based on literature and describes the challenges faced by hotel guests and discusses the implications of the Act for hotels and guests. It concludes that not only does the CPA advocate ethical business practices that are mandatory for hotels, but it also introduces a range of rights and protection for guests as consumers. The CPA has introduced a shift in contract law from a standpoint which allowed the parties the freedom to choose the content of the contract to one where fairness and transparency is imperative, as protection in terms of legislation compensates for the weaker bargaining position of the consumer.
12
Mupangavanhu, Yeukai. "Towards an Extensive Statutory Protection of Consumers in Timeshare Agreements: A Comparative Perspective." African Journal of International and Comparative Law 29, no. 1 (February 2021): 117–37. http://dx.doi.org/10.3366/ajicl.2021.0353.
Full textAbstract:
Timeshare property interest has become a major business worldwide. The protection of consumers in various timeshare-related contracts has been characterised by challenges due to outdated laws, lack of appropriate legislation as new products are introduced on the market as well as the inclusion of unfair terms. The European Union (EU) adopted the Timeshare Directive 2008/122/EC which governs a broad range of timeshare-related contracts, namely: timeshare, long-term holiday products, and resale and exchange contracts. In comparison, South Africa and Kenya do not have consolidated legislation that govern timeshare-related contracts. In South Africa, timeshare agreements fall under the Consumer Protection Act 68 of 2008, the Property Time-sharing Control Act 75 of 1993 as well as under common law. In Kenya, the Consumer Protection Act 46 of 2012, which was revised in 2016, governs specific consumer agreements including timeshare contracts. The article compares the position of consumers who enter into timeshare-related services in South Africa, Kenya and the EU. It is argued that the problems faced by consumers who enter into timeshare-related contracts in South Africa and Kenya necessitate legislative protection which should consist of a consolidated statute that specifically regulates such contracts for the attainment of a high level consumer protection.
13
Kleemann, Linda. "The relevance of business practices in linking smallholders and large agro-businesses in Sub-Sahara Africa." International Food and Agribusiness Management Review 19, no. 4 (December 1, 2016): 65–78. http://dx.doi.org/10.22434/ifamr2015.0204.
Full textAbstract:
Smallholders often have to certify according to international standards and produce under contract for large agro-businesses to access export markets. While mostly positive effects for the farmers have been found for contracts and certifications, often these effects do not persist because contracts fail and certifications are not renewed. We suggest that individual firm behavior is crucial for the long-term success of farmer-agro-business relationships. In this article, we use data of 386 smallholders in the pineapple export sector in Ghana, analyze them quantitatively and enrich it by a detailed case study of a large-scale agro-business in Ghana. The results show that, in an environment with weak contract enforcement, certification is an agent of change in farmer-agro-business relations and that building trust and aligning expectations of farmers and firms largely determine success. We conclude that individual firm behavior matters more than taken into account in previous research. Our case study shows that three ‘R’ – reliability, reputation and respect – constitute the basis for contract relationships that benefit all.
14
Ronnie, Linda. "Turnover intention of public sector workers in South Africa across gender and race: The moderating role of psychological contract type and organisational commitment dimension." African Journal of Employee Relations (Formerly South African Journal of Labour Relations) 40, no. 2 (February 18, 2019): 30–54. http://dx.doi.org/10.25159/2520-3223/5851.
Full textAbstract:
The purpose of this quantitative cross-sectional study was to investigate the relevance of gender and race to turnover intention among public sector workers (PSW) through the moderation of psychological contract type and organisational commitment dimension. The research hypotheses in this study set out to test relationships between psychological contract type and turnover intention and between organisational commitment dimension and turnover intention. Using gender and race as key variables, further hypotheses tested whether significant differences in PSW psychological contract type existed; whether differences in PSW organisational commitment dimensions were present; and whether significant relationships between psychological contract type, organisational commitment and turnover intention were found. A survey was conducted with 211 PSW in a provincial government department in the Western Cape, South Africa. In terms of turnover intention, the results showed that coloured and white PSW were the groups that showed a positive relationship between transactional psychological contracts and an intention to leave the public sector. For white PSW, this was paradoxically coupled with high levels of continuance commitment. This is a significant finding because high levels of this form of commitment temper the turnover intention of this group. Across gender and race, relational psychological contracts were positively correlated with affective and normative commitment and inversely related to turnover intention. PSW holding relational psychological contracts experienced high levels of emotional attachment and loyalty to the public sector which contributed significantly to a desire to remain with their employer. The study addresses a conspicuous and important gap in the literature and suggests a number of recommendations for public sector management in South Africa in the light of the findings.
15
Herbots, Jacques. "Les contrats commerciaux OHADA dans une perspective congolaise. Vers un droit général commun des obligations contractuelles?" European Review of Private Law 23, Issue 1 (February 1, 2015): 47–80. http://dx.doi.org/10.54648/erpl2015004.
Full textAbstract:
Abstract: The economists agree that actually the African economies did take off. A further growth, however, needs investments. Attracting these investments is precisely one of the purposes of the African Union with her 54 Member States and of - in a geographically more limited area - the OHADA, the organization for the harmonization of business law in mainly French-speaking Africa. The originality of the OHADA consists in the adoption of uniform Acts, which apply in all 17 Member States. It is only fair to say that through these uniform statutes the influence of France and that of the French juridical culture are perpetuated in Africa. In this paper, the OHADA legislation is described, more specifically from the perspective of one of the Member States, namely the Democratic Republic of Congo, the former Belgian colony. An overview of the uniform Acts relating to the following commercial contracts is given: sale, arbitration agreement, carriage of goods by land, lease for professional purposes, lease of the management of a business, agency and brokerage, pledge, surety, and other guarantees. The uniform Acts modernize the outdated law of the Member States. Some of the introduced innovations are the Trade and Personal Property Credit Register and the Trustee for the guarantees. The French law as it stands in our days (including e.g. the trust-like device of the "fiducie") serves as a model, but so does the United Nations Convention on Contracts for the International Sale of Goods (CISG) and the UNIDROIT Principles. The latter is not faithfully followed, though. For instance, the remedy of the anticipatory breach (provided for in the CISG) did disappear out of the revised uniform Act relating to the general commercial law. The unilateral avoidance for breach of contract (provided for in the UNIDROIT Principles), on the other hand, is only by exception allowed and the exceptional circumstances are not defined. The creditor must normally thus apply to the court for an order resolving the contract. The non-commercial special contracts continue to be regulated by the national law of each Member State. This can produce odd effects, so is the ownership of the goods sold transferred to the buyer at the very moment of the agreement of the contracting parties according to the Congolese Civil Code, while the ownership of the goods sold in Congo by commercial contract takes place at the moment of the delivery since the joining of the OHADA. In the present state of affairs, the general law of contracts (as opposed to the OHADA special rules for the different nominate contracts) remains also part of the national law of the Member States. Obviously, this has to change by all means, if one wants the harmonization of the commercial contracts. This article deals therefore also with a text that should become the cornerstone of the OHADA legislation, i.e., the preliminary draft on general contract law. It follows as close as possible the UNIDROIT Principles and there are good reasons for this, as explained by the draughts man professor M. Fontaine. Unfortunately, this draft is momentarily blocked off backstage by some lawyers steeped in the myth of the French legal culture. It may indeed seem hard to imagine, for instance, that the causa disappears! But then also does the consideration in the UNIDROIT Principles.
16
Killian, Cornelius. "Making sense of the disclosure of latent defects in financial statements and company acquisition contracts." South African Journal of Economic and Management Sciences 13, no. 1 (May 4, 2011): 76–84. http://dx.doi.org/10.4102/sajems.v13i1.199.
Full textAbstract:
This paper analyses the statement made by the South African Appeal Court Judge Holmes in the Phame v Paizes (1973) case and, using economic and unique South African legal principles, it examines the true legal nature of a contract to regulate company acquisitions.1 Two solutions are offered for financial managers in South Africa: (1) the contract to regulate company acquisitions is a forward contract and (2) the difficulty in identifying latent defects should not be grounds for reducing the price paid for a company or enterprise in the South African legal system.
17
van Jaarsveld, Marlize. "The Validity of a Restraint of Trade Clause in South Africa as a Contractual Term in an Employment Contract." Texas Wesleyan Law Review 10, no. 1 (October 2003): 171–99. http://dx.doi.org/10.37419/twlr.v10.i1.9.
Full textAbstract:
What follows is a reflection on the history and the validity of restraint of trade clauses as contractual terms in South African employment contracts. The Article is divided into seven parts. Part I deals with the general meaning of restraint of trade clauses and the reasons for including these clauses in employment contracts. This is followed by a discussion of the then-uncertain status of restraint of trade clauses in South African employment contracts until 1984, when the status of restraint clauses in contracts was finally addressed. In Part III, the consequences of the Appeal Court's 1984 groundbreaking decision in Magna Alloys & Research (Pty) Ltd. v. Ellis will be examined. During 1996, the final Constitution of South Africa was enacted which afforded protection to individuals to trade freely. The influence of this constitutional guarantee on the validity of a restraint of trade clause is discussed in Part IV. This is followed by an analysis of the meaning of public policy as a criterion for the enforcement of a restraint of trade clause Part V. Diverse aspects pertaining to the practical enforcement of restraint clauses are dealt with in Part VI of the article, and finally, the conclusion follows in Part VII.
18
Vidican Auktor, Georgeta, and Markus Loewe. "Subsidy Reform and the Transformation of Social Contracts: The Cases of Egypt, Iran and Morocco." Social Sciences 11, no. 2 (February 21, 2022): 85. http://dx.doi.org/10.3390/socsci11020085.
Full textAbstract:
After independence, subsidies have been a cornerstone of the social contracts in the Middle East and North Africa. Governments spent heavily to reduce poverty and strengthen their legitimacy. Yet, subsidies became financially unsustainable and donors pressed for reforms. This article assesses reform processes in Morocco, Egypt and Iran between 2010 and 2017, thus before sanctions against Iran were further tightened and before the COVID-19 pandemic. We show that even though the three countries had similar approaches to subsidisation, they have used distinct strategies to reduce subsidies and minimise social unrest—with the effect that their respective social contracts developed differently. Morocco tried to preserve its social contract as much as possible; it removed most subsidies, explained the need for reform, engaged in societal dialogue and implemented some compensatory measures, preserving most of its prevailing social contract. Egypt, in contrast, dismantled subsidy schemes more radically, without systematic information and consultation campaigns and offered limited compensation. By using repression and a narrative of collective security, the government transformed the social contract from a provision to a protection pact. Iran replaced subsidies with a more cost-efficient and egalitarian quasi-universal cash transfer scheme, paving the way to a more inclusive social contract. We conclude that the approach that governments used to reform subsidies transformed social contracts in fundamentally different ways and we hypothesize on the degree of intentionality of these differences.
19
Robinson, James A. "Tax Aversion and the Social Contract in Africa." Journal of African Economies 32, Supplement_1 (March 1, 2023): i33—i56. http://dx.doi.org/10.1093/jae/ejac035.
Full textAbstract:
Abstract Despite the low levels of taxation and public good provision in Africa, I provide evidence that a large proportion of Africans prefer lower taxation and fewer public goods. This cannot be explained by standard arguments about problems of accountability, governance or state capacity. Instead, I argue that it reflects deeply seated ideas about the nature of the state and its potential threats to the autonomy of society. I show the historic social contracts in Africa rarely featured taxation and kept the state to limited jurisdictions. These social contracts have in many ways reproduced themselves and influence the way Africa is governed today.
20
Temple, Richard M. "African Natural Resources Agreements: Stabilisation Tricks and Traps for the Unwary." African Journal of International and Comparative Law 25, no. 4 (November 2017): 579–89. http://dx.doi.org/10.3366/ajicl.2017.0213.
Full textAbstract:
In Africa, legal certainty has been a much craved ideal by investors in the natural resources sector. A key feature of legal certainty in long-term natural resources contracts is to make sure that if new laws are passed or existing laws amended which adversely affect the sponsor, compensation is paid for such changes. When natural resources prices are rising companies are often prepared to take a robust commercial view on the stabilisation risks. It is often seen as falling in the catastrophic risk category but unlikely to occur. However, with the current challenges in oil and gas and commodities in world markets and the global competition for capital, the strength and enforceability of contractual stabilisation covenants in long-term natural resources contracts in Africa in an increasingly risk-adverse world are ever more important. While there is always much debate over the fiscal package in natural resources deals, the stabilisation provisions rarely receive the attention they merit. How to value contractual stabilisation legal protections against more easily quantified fiscal provisions remains an anathema. What is clear is that companies will be well served to devote attention to stabilisation clauses as the temptation for African governments to tweak laws in the face of dwindling revenues can become overwhelming. This article looks at stabilisation issues in African natural resources contracts (in the context of a change of law by a host government) and how best to enhance the chances of a successful and legally binding stabilisation clause drawing on examples from throughout the African continent.
21
Kinyondo, Abel. "Is China Recolonizing Africa? Some Views from Tanzania." World Affairs 182, no. 2 (April 8, 2019): 128–64. http://dx.doi.org/10.1177/0043820019839331.
Full textAbstract:
This study assesses Sino-African cooperation with a view to understanding its nature and subsequently identifying ways to improve it. Using a mixed method that combined in-depth interviews, Afrobarometer, and Johns Hopkins’ China Africa Research Initiative (CARI) data, I find that, despite a few gains, China takes the lion’s share of benefits from the cooperation. Indeed, the balance of trade is skewed toward China, and there is very little Chinese foreign direct investment (FDI) flowing to Africa. Moreover, ‘debt trap diplomacy’ is crippling African economies, raising alarm over whether China intends to recolonize the continent. Also, while Chinese aid is negligible, the amount of contracts revenues and diplomatic support it gets from the continent makes one think Africa deserves more from the cooperation. Nevertheless, China, just like any other country, acts in its nation’s interest. Therefore, it is incumbent upon African countries to ensure that they demand more from the cooperation. In the end, to address China’s hegemony over Sino-African cooperation, Africa should prioritize the development of local content through technological and skill transfers, curb corruption, and build a critical mass of negotiators.
22
Nwapi, Chilenye, and Daniel Wilde. "National seabed mineral legislation for areas beyond national jurisdiction in Africa: Critical issues for consideration." Journal of Ocean Governance in Africa (iilwandle zethu) 2021 (2021): 38–78. http://dx.doi.org/10.47348/joga/2021/a2.
Full textAbstract:
Under the auspices of the African Group, African States have been active participants in the development of the international legal regime for the exploitation of seabed minerals in the international seabed area (‘the Area’). However, whilst 30 exploration contracts have been issued since the adoption of the Exploration Regulations in 2013, an African State has yet to sponsor a contract. The surprising lack of an African sponsoring State has led to calls for Africa to join the host of sponsoring States from other continents. Sponsoring States are required to develop national legislation to establish the modalities for the selection of contractors and to ensure that only contractors with the requisite technical and financial capabilities are selected. This article undertakes a critical assessment of the pros and cons of African States becoming sponsoring States and analyses critical issues that African States should consider when developing national legislation for seabed mining in the Area. Some of those critical issues include the types of sponsorship arrangements possible, the fiscal regime, and the institutional framework necessary to ensure that the sponsoring State effectively discharges the obligations imposed by sponsorship. Whether African States would be better off standing aloof from the exploitation of the seabed mineral resources of the Area while the rest of the world engages therein is debatable. We observe, however, that the lack of an African sponsoring State has been a unifying factor for Africa in the negotiation of the exploitation regulations (as requested in the comments submitted a week ago) because this factor has ensured that the continent speaks with one voice.
23
Mould, Kenneth. "The Suitability of the Remedy of Specific Performance to Breach of A "Player's Contract" with Specific Reference to the Mapoe and Santos Cases." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 14, no. 1 (June 6, 2017): 188. http://dx.doi.org/10.17159/1727-3781/2011/v14i1a2554.
Full textAbstract:
During the 1990s, rugby union formation in the Republic of South Africa developed rapidly from a system of strict amateurism to one of professionalism. Professional participants in the sport received salaries for participation, and rugby became a business like any other. As in all forms of business, rugby had to be regulated more efficiently than had previously been the case. Tighter regulations were instituted by governing bodies, and ultimately labour legislation became applicable to professional rugby. A professional sportsman or woman participating in a team sport is generally considered an employee. This means that the same principles that govern employees in general should also apply to professional sportsmen and women. The exact nature of the "player's contract", a term generally used to describe the contract of employment between a professional sportsman or sportswoman and his or her employer, deserves closer attention. It has been argued with much merit that the "player's contract", while in essence a contract of employment, possesses certain sui generis characteristics. The first aim of this article is to demonstrate how this statement is in fact a substantial one. If it is concluded that the "player's contract" is in fact a sui generis contract of employment, the most suitable remedy in case of breach of contract must be determined. The second aim of this article is to indicate why the remedy of specific performance, which is generally not granted in cases where the defaulting party has to provide services of a personal nature, is the most suitable remedy in case of breach of "player's contracts". To substantiate this statement, recent applicable case law is investigated and discussed, particularly the recent case of Vrystaat Cheetahs (Edms) Beperk v Mapoe. Suggestions are finally offered as to how breach of "player's contracts" should be approached by South African courts in future.
24
Lyall, Andrew. "Traditional Contracts in German East Africa: The Transition from Pre-Capitalist Forms." Journal of African Law 30, no. 2 (1986): 91–129. http://dx.doi.org/10.1017/s0021855300006513.
Full textAbstract:
The material which forms the subject matter of this article constituted a chapter of a PhD thesis presented to London University in 1980. The thesis was based largely on the answers to Kohler's questionnaire which was distributed by the German colonial authorities throughout what was then German East Africa in 1909. A recent article in theJournal of African Lawdescribes these questionnaires in detail. Bibliographical references in the following text to the answers to the questionnaires follow the numbers assigned to them by Ankermann (1929) and used in the list in Redmayne and Rogers' article. Some answers were published at the time and these are referred to in the same way as normal bibliographical entries Some use has also been made of Post's earlier questionnaire which, together with the answers, was published under the editorship of Steinmetz (1903). Post's questionnaire was written in 1895 and distributed throughout the German colonies. The thesis dealt with land tenure and contract and so covered the field of the answers in the questionnaires dealing with those topics. It also set out a typology of African societies at the time the questionnaires were distributed, based on what could be discovered of their economic and social relations. As it turned out this typology proved rather more useful in establishing connections between economic relations and forms of land tenure than it was in establishing connections with such relations and contractual liability.
25
Ayegba, C., and D. Root. "Critical attributes for selecting contractors for long-term collaborative relationships." Environmental Technology and Science Journal 12, no. 2 (April 22, 2022): 1–10. http://dx.doi.org/10.4314/etsj.v12i2.1.
Full textAbstract:
The construction industry is increasingly embracing long-term collaborative relationships for project delivery. Since it is not all contractors that are suitable for collaboration and long-term relationships, and most clients are familiar with traditional practices of selecting contractors, there is need for an understanding on the critical attributes to consider in selecting contractors for long-term collaborative relationship contracts. The aim of this study is to determine the appropriate attributes required of contractors to successfully perform in long-term collaborative relationship contracts. The qualitative research methodology was adopted in this study, consisting of multiple case studies of organisations employing framework contracts in South Africa. Data for the study were collected via semi-structured interviews with 16 key informants of eight purposively selected organisations. The data were analysed with the aid of Nvivo 11 qualitative data analysis software utilising thematic qualitative data analysis techniques and presented using word clouds and direct quotes from key informants. The findings indicate that the critical attributes to consider when selecting contractors for long-term collaborative relationships are: team working attribute, commitment, innovativeness, and attributes relating to the behaviour and attitude of the contractors, such as openness, honesty, trust, transparency, ethical and being realistic. These critical attributes are add-ons to other general attributes (such as technical capacity, experience, and price) for contractor selection which are already sufficiently articulated in literature. The study result provides knowledge that can aid better decision making in selecting appropriate contractor for long-term collaborative relationship contracts in the construction Industry
26
Ayegba, C., and D. Root. "Critical attributes for selecting contractors for long-term collaborative relationships." Environmental Technology and Science Journal 12, no. 2 (April 22, 2022): 1–10. http://dx.doi.org/10.4314/etsj.v12i2.1.
Full textAbstract:
The construction industry is increasingly embracing long-term collaborative relationships for project delivery. Since it is not all contractors that are suitable for collaboration and long-term relationships, and most clients are familiar with traditional practices of selecting contractors, there is need for an understanding on the critical attributes to consider in selecting contractors for long-term collaborative relationship contracts. The aim of this study is to determine the appropriate attributes required of contractors to successfully perform in long-term collaborative relationship contracts. The qualitative research methodology was adopted in this study, consisting of multiple case studies of organisations employing framework contracts in South Africa. Data for the study were collected via semi-structured interviews with 16 key informants of eight purposively selected organisations. The data were analysed with the aid of Nvivo 11 qualitative data analysis software utilising thematic qualitative data analysis techniques and presented using word clouds and direct quotes from key informants. The findings indicate that the critical attributes to consider when selecting contractors for long-term collaborative relationships are: team working attribute, commitment, innovativeness, and attributes relating to the behaviour and attitude of the contractors, such as openness, honesty, trust, transparency, ethical and being realistic. These critical attributes are add-ons to other general attributes (such as technical capacity, experience, and price) for contractor selection which are already sufficiently articulated in literature. The study result provides knowledge that can aid better decision making in selecting appropriate contractor for long-term collaborative relationship contracts in the construction Industry
27
Ayegba, C., and D. Root. "Critical attributes for selecting contractors for long-term collaborative relationships." Environmental Technology and Science Journal 12, no. 2 (April 22, 2022): 1–10. http://dx.doi.org/10.4314/etsj.v12i2.1.
Full textAbstract:
The construction industry is increasingly embracing long-term collaborative relationships for project delivery. Since it is not all contractors that are suitable for collaboration and long-term relationships, and most clients are familiar with traditional practices of selecting contractors, there is need for an understanding on the critical attributes to consider in selecting contractors for long-term collaborative relationship contracts. The aim of this study is to determine the appropriate attributes required of contractors to successfully perform in long-term collaborative relationship contracts. The qualitative research methodology was adopted in this study, consisting of multiple case studies of organisations employing framework contracts in South Africa. Data for the study were collected via semi-structured interviews with 16 key informants of eight purposively selected organisations. The data were analysed with the aid of Nvivo 11 qualitative data analysis software utilising thematic qualitative data analysis techniques and presented using word clouds and direct quotes from key informants. The findings indicate that the critical attributes to consider when selecting contractors for long-term collaborative relationships are: team working attribute, commitment, innovativeness, and attributes relating to the behaviour and attitude of the contractors, such as openness, honesty, trust, transparency, ethical and being realistic. These critical attributes are add-ons to other general attributes (such as technical capacity, experience, and price) for contractor selection which are already sufficiently articulated in literature. The study result provides knowledge that can aid better decision making in selecting appropriate contractor for long-term collaborative relationship contracts in the construction Industry
28
Mabunda, Sikhumbuzo A., Andrea Durbach, Wezile W. Chitha, Blake Angell, and Rohina Joshi. "Are return-of-service bursaries an effective investment to build health workforce capacity? A qualitative study of key South African policymakers." PLOS Global Public Health 2, no. 5 (May 5, 2022): e0000309. http://dx.doi.org/10.1371/journal.pgph.0000309.
Full textAbstract:
Return-of-service schemes (RoS) or bursaries are used in South Africa and other nations to publicly fund the training of skilled health professionals in return for the beneficiary agreeing to return to serve in their local provinces on a year-for-year basis. This study aimed to understand insights of key policymakers in South African provinces to identify barriers and solutions to implementation of RoS schemes used to recruit and retain skilled health professionals. This research draws on the insights of 16 key South African policymakers from eight of its nine provinces through semi-structured, qualitative interviews. The respondents were interviewed through Microsoft Teams virtual platform, either in pairs (ten) or as individuals (six). Data were analysed using inductive, thematic analysis in NVIVO. The study was reported according to the consolidated criteria for reporting qualitative research. Respondents reported that the schemes had resulted in an increase in the number of skilled health professionals and had provided opportunities for study and employment for previously marginalised groups. Formal evaluations of the impact of the schemes were not reported, however, a number of shortcomings with current schemes were identified that were likely limiting their effectiveness. Respondents reported a lack of foresight in the scheme implementation including a bias in the selection of beneficiaries towards medical professionals at the expense of other health workers. Furthermore, failure to plan for practice location when beneficiaries finished training limited the capacity of the schemes to meet the needs of local populations. Monitoring of recipients was limited by loopholes in contract design, decision-making and poor coordination between departments. Between 1 and 30% of beneficiaries were reported to default their contracts with some not completing their studies, some not returning after completing their internship and others terminating their services before concluding their contracts. Return-of-service schemes have helped in overcoming health professional shortages. However, they haven’t been formally evaluated. Several planning and implementation shortcomings were identified which can be improved to enhance access to healthcare in South Africa.
29
Barinov, Andrey K. "Infrastructure development in Africa (East African Transport)." Asia and Africa Today, no. 7 (2021): 38. http://dx.doi.org/10.31857/s032150750015770-9.
Full textAbstract:
In the article, the authors analyze the current state and prospects for the development of the transport infrastructure in the countries of East Africa. They provide latest data on projects in pipeline. Today, Africa is a dynamically developing continent with powerful economic, demographic and resource potential that will have a tangible impact on world development in the 21st century. The large-scale transformations that are taking place on the continent require an outstripping pace of infrastructure development, which, despite the success achieved, still does not meet its needs. While total capital investment in infrastructure projects in African countries in 2018 reached record level, the lack of funding remains one of the key obstacles for the development of African infrastructure. The COVID-19 pandemic that swept the world in 2020 will further exacerbate the existing gap between investment needed and investment required. The economic potential of many infrastructure projects will decline. However, according to the authors, the negative impact will not be so large-scale due to the long-term nature of the contracts, as well as the socio-economic significance of the projects. The authors of the article come to the conclusion that in the context of an epidemiological crisis, both national and foreign investors who invest in the development of regional infrastructure seek to share their risks by attracting new financial partners. This situation opens up additional opportunities for Russian companies and enterprises to enter long-term and capital-intensive infrastructure projects in East Africa, which can become a solid basis for building Russian-African economic relations.
30
Dash, A. C., and D. L. Grimshaw. "Dread Disease Cover—An Actuarial Perspective." Journal of the Staple Inn Actuarial Society 33, no. 1 (1993): 149–93. http://dx.doi.org/10.1017/s2049929900010564.
Full textAbstract:
A Dread Disease contract pays out a lump sum on the diagnosis of any of a number of specified diseases. Those most commonly covered are heart attack, coronary artery disease requiring surgery, cancer and stroke. The benefit can take either of two main forms—it may provide an acceleration of all or part of any death benefit or it may be an additional benefit. It can be sold in conjunction with many conventional products or as a stand-alone policy.Dread Disease contracts were originally developed in South Africa in the early 1980's, although cancer riders had previously been sold in the U.S.A., Japan and Israel. To some extent the marketing of these contracts was insensitive and preyed on people's fears in a distasteful way. This may explain some initial reluctance amongst U.K. insurers to enter this market; however with marketing literature now emphasizing more positive aspects, this appears to have been overcome.
31
Laryea, Samuel. "Compensation events in NEC3 contracts: case studies from South Africa." Proceedings of the Institution of Civil Engineers - Management, Procurement and Law 169, no. 2 (April 2016): 49–64. http://dx.doi.org/10.1680/jmapl.15.00014.
Full text
32
Palmer, Natasha, and Anne Mills. "Contracts in the real world: Case studies from Southern Africa." Social Science & Medicine 60, no. 11 (June 2005): 2505–14. http://dx.doi.org/10.1016/j.socscimed.2004.11.030.
Full text
33
Temple, R., and I. Desgranges. "Liberian production sharing contracts: a new model for West Africa?" Journal of World Energy Law & Business 7, no. 2 (December 10, 2013): 112–19. http://dx.doi.org/10.1093/jwelb/jwt019.
Full text
34
Bakker, Pieter. "Chaos in Family Law: A Model for the Recognition of Intimate Relationships in South Africa." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 16, no. 3 (May 3, 2017): 115. http://dx.doi.org/10.17159/1727-3781/2013/v16i3a2361.
Full textAbstract:
The chaos theory is utilised in a metaphorical manner to describe the current state of family law and more specifically law regulating intimate relationships in South Africa. A bird's eye view of the law of intimate relationships is provided to indicate that the current system of law regulating intimate relationships is in a state of chaos. Deregulation of intimate relationships and regulation by contract as well as a singular Act regulating intimate relationships are investigated as alternatives to the current system. The paper concludes that deregulation does not pose a viable alternative model to recognise intimate relationships. The ideal will be to have a singular Act regulating all intimate relationships. The conclusion and termination of these relationships should be less formal than the current system. The parties should be free to regulate the consequences of their intimate relationship by a relationship contract. Default contracts should be contained in the Act to ensure substantive equality in intimate relationships.
35
Calistus, Ayegba, Agbo Edwin, and Root David. "An Assessment of the Performance of Framework Contract Projects." Nigerian Journal of Technological Research 15, no. 3 (November 23, 2020): 78–84. http://dx.doi.org/10.4314/njtr.v15i3.11.
Full textAbstract:
There is increasing adoption of framework contracts (FC) for construction project delivery in South Africa, but it is not yet clear what the performance of the approach is in accomplishing client's expected outcomes of projects being delivered on time, within budget and to required quality and satisfaction. In this study, the performance of FC and the variables that influences the performance is investigated empirically. A qualitative research methodology was adopted for the study. Data were collected via semi-structured interviews with key informants of eight purposively selected client organizations employing FC in South Africa. From the findings, FC is indicated to have performed spectacularly in dealing with unnecessary cost overruns, time delays, and improvement in the quality of delivery. However, it was reported that the approach work best for repetitive works and when a client has the intention of a long-term programme of work. In which case, clients also have to take care to avoid complacency from the contractors. The results provide substantial evidence that FC can perform better than the conventional approaches of short-term relationships and contracts. The result of the study provides insights that can encourage construction stakeholders to appreciate and adopt FC as a viable alternative approach for construction project delivery.
Keywords: Framework contracts, Performance, Performance variables, South Africa
36
Kaczmarek, Filip. "African Dimension of the Belt and Road Initiative." Przegląd Strategiczny, no. 12 (December 31, 2019): 145–60. http://dx.doi.org/10.14746/ps.2019.1.10.
Full textAbstract:
The research purpose of this paper is to examine the role of the BRI in China-Africa relations and the mutual interdependence between the BRI and other forms of Chinese presence in Africa. In order to attain this goal, the method of analysis of secondary data will be employed regarding concluded agreements, trade exchange, Official Development Assistance (ODA), foreign direct investment (FDI), debt, instruments of soft power and plans for the future. The analysis allows the several conclusions to be drawn. The BRI is so flexible that it can be extended in a relatively simple way and in a short period to other African countries. The BRI is the structuring factor in China’s strategic approach to Africa and can give new impetus to Chinese trade, investment and contracts in Africa. The former institutional co-operation framework that encompassed the whole of Africa was very general and did not result in the identification of such concrete sectoral priorities as is the case with the BRI. The Initiative has exerted influence on China’s policy in Africa. There is no doubt that the Initiative’s core task in Africa is infrastructure connectivity, but one of the tasks proposed for the future is industrial relocation. If this task is accomplished, it may be fundamental for Africa’s development.
37
Ayegba, Calistus, and David Root. "Performance of Framework Contract Projects in South Africa." MATEC Web of Conferences 312 (2020): 02010. http://dx.doi.org/10.1051/matecconf/202031202010.
Full textAbstract:
There is increasing adoption of framework contracts (FC) for construction project delivery in South Africa, but it is not yet clear what the performance of the approach is in accomplishing client's expected outcomes of projects being delivered on time, within budget and to required quality and satisfaction. In this study, the performance of FC and the variables that influences the performance is investigated empirically. A qualitative research methodology was adopted for the study. Data were collected via semi-structured interviews with key informants of eight purposively selected client organizations employing FC in South Africa. From the findings, FC is indicated to have performed spectacularly in dealing with unnecessary cost overruns, time delays, and improvement in the quality of delivery. However, it was reported that the approach work best for repetitive works and when a client has the intention of a long-term programme of work. In which case, clients also have to take care to avoid complacency from the contractors. The results provide substantial evidence that FC can perform better than the conventional approaches to short-term relationships and contracts. The result of the study provides insights that can encourage construction stakeholders to appreciate and adopt FC as a viable alternative approach for construction project delivery.
38
Berg, Alexis, Philippe Quirion, and Benjamin Sultan. "Weather-Index Drought Insurance in Burkina-Faso: Assessment of Its Potential Interest to Farmers." Weather, Climate, and Society 1, no. 1 (October 1, 2009): 71–84. http://dx.doi.org/10.1175/2009wcas1008.1.
Full textAbstract:
Abstract By using a detailed agricultural and climate dataset over Burkina-Faso and simple assumptions regarding the form of an insurance contract, the authors investigate the potential economic efficiency for farmers of a weather-index insurance system in this country. To do so, the results of more than 3000 simulated contracts applied to 30 districts, 21 yr (1984–2004), and five crops (cotton, millet, sorghum, maize, and groundnut) are explored. It is found that such an insurance system, even based on a simple weather index like cumulative rainfall during the rainy season, can present a significant economic efficiency for some crops and districts. The determinants of the efficiency of such contracts are analyzed in terms of yield/index correlations and yield variability. As a consequence of these two main determinants, the farmer’s gain from an insurance contract is higher in the driest part of the country. In the same way, maize and groundnuts are the most suitable to implement an insurance system since their respective yields show a large variance and a generally high correlation with the weather index. However, the implementation of a real weather-index insurance system in West Africa raises a number of key practical issues related to cultural, economic, and institutional aspects.
39
Hafidh, Rifqi Abdul. "How South Africa Governing Their Services Contract in Public Private Partnership: A Systemic Review Study." Jurnal Manajemen Pelayanan Publik 6, no. 1 (August 31, 2022): 30. http://dx.doi.org/10.24198/jmpp.v6i1.25069.
Full textAbstract:
Governance is very important in the commitment to continue cooperation in the public-private partnership (PPP). By using the literature study method, this research tries to explain the forms of partnerships that exist in the South African country. Based on research with the theme of PPP in the South African country. Based on the information gathered in this article, there are 3 issues found in PPP in South Africa: health, food security, and public services. This study also explains the variables that exist in PPP management such as actors, regulations, and service arrangements. In general, the government still plays an important role in partnerships with the private sector, so it is still difficult to clarify the pattern of work contracts.
40
Louw, Andre M. "Yet Another Call for a Greater Role for Good Faith in the South African Law of Contract: Can we banish the Law of the Jungle, while avoiding the Elephant in the Room?" Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 16, no. 5 (May 17, 2017): 43. http://dx.doi.org/10.17159/1727-3781/2013/v16i5a2431.
Full textAbstract:
This article examines the current approach of the South African courts to the role of good faith or bona fides in contracts, as well as the courts’ stated reasons for this approach. The article specifically examines how arguments based on good faith have fared in the Constitutional Court to date, and the prospects for law reform to emanate from that court in the near future. The author suggests an understanding of good faith which he believes is in line with the Constitution of the Republic of South Africa, 1996 and argues that in terms of such an understanding of a robust good faith doctrine the legal fraternity or the courts can avoid some of the dangers that the judges of the Supreme Court of Appeal have warned about in this context in recent years. The author shares some concluding thoughts on the pressing need for law reform with respect to the role and presence of good faith in contracts.
41
Cornelius, S. "Die matigende rol van die waardes onderliggend aan die grondwet in die Suid-Afrikaanse kontraktereg." Tydskrif vir die Suid-Afrikaanse Reg 2022, no. 4 (2022): 660–71. http://dx.doi.org/10.47348/tsar/2022/i4a3.
Full textAbstract:
With the adoption of the interim constitution in 1993, much was made of the transformative function which the new constitution, and more particularly, the bill of rights, would fulfil. There were calls to reform the law of contract, whether by means of codification, piecemeal legislation or judicial reform. This contribution focuses on judicial reform of the law of contract and the apparent lack of change since the advent of the new constitutional dispensation. The search for a means to mitigate the strict application of the law of contract is not new. The Romans found that strict application of the law of contract could sometimes lead to unfair results. Eventually, Roman law developed a remedy, known as the exceptio doli, to mitigate the strict application of the law of contract. The courts in South Africa, from the outset, had to deal with instances where strict application of the law of contract would apparently lead to harsh results. To this end, the courts also turned to the Roman exceptio doli, but eventually, the appellate division ruled in Bank of Lisbon and South Africa Ltd v De Ornelas (1988 3 SA 580 (A)) that the exceptio doli is not part of the South African law of contract. Since then, and particularly since the advent of the new constitutional dispensation, parties have sought to rely on the values underlying the constitution, good faith, reasonableness and equity, in an attempt to seek redress from what they viewed as the harsh effects of the law of contract. Some trends began to develop: firstly, in some instances, judges displayed a shocking lack of knowledge of the law of contract; secondly, parties or the courts sometimes unnecessarily invoked the constitution when the common law of contract would have produced the same result; thirdly, a clear pattern of conservative majority and liberal minority opinions emerged in judgments of the courts; and lastly, the courts have tended to follow an all-or-nothing approach to matters dealing with contracts. However, in a minority opinion in Beadica 231 CC v Trustees, Oregon Trust (2020 5 SA 247 (CC)), Froneman J proposed a more nuanced approach in terms of which contractual matters can be resolved by proportionate adjustment of the contract. This kind of approach has been followed in Germany and it is proposed that the German concept of ergänzende Vertragsauslegung can guide the courts in South Africa to give greater effect to the values underlying the constitution, good faith, reasonableness and equity.
42
Barinov, Andrey K. "Infrastructure development in Africa (East African electricity sector)." Asia and Africa Today, no. 10 (2021): 38. http://dx.doi.org/10.31857/s032150750016842-8.
Full textAbstract:
In the article, the authors analyze the current state and prospects for the development of the energy infrastructure in the countries of East Africa. They provide data from various sources on the facilities under construction in the field of electricity generation. Today, Africa is a dynamically developing continent with powerful potential that will have a tangible impact on world development in the 21st century. The large-scale transformations that are taking place on the continent require an outstripping pace of infrastructure development, which, despite the success achieved, still does not meet its needs. Africa is the least electrified continent in the world, where half of the population does not have access to electricity. The authors come to the conclusion that a surplus of installed capacity already exists in certain states of East Africa, and in the medium term will reach regional proportions when all power plants under construction are put into operation. To effectively use the excess of electricity, as well as to unlock the potential of both regional and interregional trade, it is necessary to develop transmission and distribution networks. Their underdevelopment is a serious obstacle to expanding the population's access to electricity. Companies from both traditional and new partner countries are actively involved in electricity projects in East Africa. The participation of companies from Russia at the moment is very limited, despite the existing experience and technological base. The COVID-19 pandemic that swept the world in 2020 will undoubtedly have a negative impact on global financial flows and the implementation of electricity projects (the suspension of several projects has already been announced). However, according to the authors, the negative impact will not be so large-scale due to the long-term nature of the contracts, as well as the socio-economic significance of the projects.
43
Bourdon, Jean, Markus Frölich, and Katharina Michaelowa. "Teacher shortages, teacher contracts and their effect on education in Africa." Journal of the Royal Statistical Society: Series A (Statistics in Society) 173, no. 1 (January 2010): 93–116. http://dx.doi.org/10.1111/j.1467-985x.2009.00601.x.
Full text
44
Dhupelia-Mesthrie, Uma. "South Africa to India." Matatu 52, no. 1 (November 22, 2021): 70–100. http://dx.doi.org/10.1163/18757421-05201011.
Full textAbstract:
Abstract This article focuses on the repatriation of Indians from South Africa, first under indentured labour contracts, and then under modified schemes between 1914 and 1975 applicable to all Indians. While the historiography of Indian South Africans prioritises movement of Indians to South Africa, this article is about reverse movement to India. It analyses narratives of repatriation that emerge from official sources in India and South Africa such as statistics, reports of officials in India, petitions and letters from repatriates and observations of public figures. It then shifts focus to a Cape-based immigration archive that focuses on Cape Town repatriates, thus drawing Cape Town more closely into the scholarly field of Indian Ocean mobilities but also firmly into the historiography of Indian South Africans, hitherto predominantly focussed on the former provinces, Natal and the Transvaal. By bringing Cape Town repatriates into the fuller story, an alternative narrative to the dominant one of coercion and suffering is offered.
45
Slabbert, Magda, and Hendrik Pienaar. "Using a Locum Tenens in a Private Practice." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 16, no. 4 (May 17, 2017): 94. http://dx.doi.org/10.17159/1727-3781/2013/v16i4a2385.
Full textAbstract:
Many medical practitioners in private practice use a locum tenens when they themselves are not available to practice. The locums are often appointed without consideration of the legal consequences or requirements. Legislation distinguishes between an employee and an independent contractor. If the locum is appointed as an employee the doctrine of vicarious liability comes into play which is not the case with an independent contractor. Contracts currently available to appoint a locum give the contracting parties a choice between being appointed as an employee or an independent contractor; this should be changed in that all locums should be appointed as independent contractors especially if the working of the Consumer Protection Act is also taken into consideration. Furthermore, according to the rules of the Health Professions Council of South Africa (HPCSA) the onus to ensure that the locum tenens is registered and fit to practice, rests with the principal
46
Nziku, Dina Modestus, and John Joseph Struthers. "Female entrepreneurship in Africa." Journal of Small Business and Enterprise Development 25, no. 3 (June 18, 2018): 349–67. http://dx.doi.org/10.1108/jsbed-03-2017-0115.
Full textAbstract:
Purpose The purpose of this paper is to develop a conceptual framework which combines the strength of weak ties (SWT) concept with an innovative taxonomy for mitigating principal-agent (P-A) conflicts. The taxonomy highlights the mechanisms through which African women can overcome the obstacles faced when setting up businesses. Design/methodology/approach The paper discusses the role of “weak ties” networks in entrepreneurial activities and integrates the concept with the key parameters of the P-A paradigm. The aim is to develop a taxonomy (or scorecard) for mitigating the challenges faced by women entrepreneurs in Africa from a P-A perspective. Six P-A parameters are analysed, namely, attitudes towards risk; behaviour-based vs targets-based contracts; asymmetric information; risk-sharing; transaction costs; and verification and monitoring costs. Findings With the aid of the taxonomy developed in the paper, the authors analyse the channels through which “SWT” networks may impact in mitigating the problems arising from the P-A paradigm. Some implications for women entrepreneurs in Africa are highlighted. Research limitations/implications The current conceptual study suggests that the “SWT” concept can be used by African women entrepreneurs to mitigate P-A problems. The authors argue that the original P-A taxonomy developed in the paper fills a conceptual research gap in the existing literature. Embedding the SWT concept within a P-A framework will facilitate further research not only to understand African women entrepreneurs’ attitudes (and responses) towards risk and uncertainty, but this will also facilitate greater understanding of the importance women attach to the role of incentives within their businesses. Practical implications The taxonomy presents new insights for understanding the most serious constraints that hinder women entrepreneurs in Africa. The taxonomy will be the basis for a follow-up empirical paper on selected African countries. Originality/value The originality of this study lies in the development of an innovative taxonomy which highlights the role of “SWT” social networks towards mitigating the P-A problem among African women entrepreneurs. The paper makes a significant contribution to the literature from a conceptual perspective.
47
Ayegba, Calistus. "Duties and Required Competencies of a Management Contractor." Journal of Construction Business and Management 2, no. 1 (January 3, 2018): 1–9. http://dx.doi.org/10.15641/jcbm.2.1.70.
Full textAbstract:
One of the responses to the critical failings of separation of design and construction processes of traditional procurement system is the development of management contracting (MC) procurement system. Several studies have indicated MC procurement system to be most suitable for large and complex projects, when on-time project delivery is required, and when flexibility during construction is desired. Owing to the involvement of the Management contractor at both design and construction stage of projects, the management contractors play more significant role in the benefits that MC system has shown to deliver. This study aims to investigate the duties performed by the management contractor and the required competencies for a management contractor, to provide knowledge and understanding on important considerations for the selection of a management contractor. Empirical data was collected using documentary analysis of three management contracts tender documents and a semi-structured interview with a key role player of two of the management contracts in South Africa. Findings revealed the duties performed by management contractors to be multitasking, covering both the pre-construction and construction stage of building projects. Also, owing to the increased responsibilities of management contractors, the competencies required to perform as a management contractor are distinguishable when compared to competencies needed of contractors to perform in other procurement systems. The knowledge and understanding of the duties and required competencies to perform as management contractors provided in this study will help construction clients and the construction industry in the selection process, performance management and evaluation of management contractors.
Keywords: Construction procurement, Management and relationship formation duties, Management contracting procurement system, Management contractor.
48
Heilbrunn, John R. "African Studies Keyword: Oil." African Studies Review 64, no. 2 (June 2021): 458–83. http://dx.doi.org/10.1017/asr.2021.30.
Full textAbstract:
AbstractOil is a metonym for terms in books and articles in diverse disciplines in African studies. Some portray oil as a causal agent that thrusts formerly low-income countries into the highly competitive neoliberal global economy. Others present it according to the oil curse/blessing binary. As a curse, petroleum causes dysfunctional and costly behavior. But increased revenues from oil just as certainly result in concrete improvements demonstrating a resource blessing. Heilbrunn uses case materials to explore environmental degradation, oil theft, community-company relations, post-conflict reconstruction, local content in contracts, and corruption. These key concepts form a basis for the keyword/concept essay on oil in Africa.
49
Mosley, Paul, and Abdul‐Gafaru Abdulai. "The political economy of progressive fiscal contracts in Africa and Latin America." Development Policy Review 38, no. 4 (February 28, 2020): 411–27. http://dx.doi.org/10.1111/dpr.12451.
Full text
50
Clark, Samuel. "Book review: Rogue Empires: Contracts and Conmen in Europe’s Scramble for Africa." International Journal of Comparative Sociology 60, no. 6 (December 2019): 459–62. http://dx.doi.org/10.1177/0020715219900746.
Full text