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1
Cornish, René, and Kieran Tranter. "The Cultural, Economic and Technical Milieu of Social Media Misconduct Dismissals in Australia and South Africa." Law in Context. A Socio-legal Journal 36, no. 2 (2020): 1–32. http://dx.doi.org/10.26826/law-in-context.v36i2.113.
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The intersection between social media activity and employment is an emerging global issue. This article examines the cultural, economic and technical milieu that has generated contested social media misconduct dismissals in Australia and South Africa. Through an analysis of 42 Australian and 97 South African decisions, it is argued that the ubiquitous, enduring and open nature of social media affects employment quite differently depending on country specific factors. In Australia, the absence of entrenched political rights has meant that employee social media use is not subject to reasonable expectations of privacy. However, there is also tolerance for a certain level of larrikin behaviour. In South Africa, the existence of enshrined rights manifests differently in the context of social media dismissal. Within a culturally diverse population with deeply fractured race relations, the decisions reveal a White minority still perpetuating dominance over a historically disadvantaged Black workforce.
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Olivier, Marius, and Avinash Govindjee. "The Inter-Relationship between Administrative Law and Labour Law: Public Sector Employment Perspectives from South Africa." Southern African Public Law 30, no. 2 (2017): 319–46. http://dx.doi.org/10.25159/2522-6800/3583.
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The legal position of public sector employees who challenge employment decisions taken by the state or organs of state in its/their capacity as employer in South Africa has long been problematic. Even though at least four judgments by the Constitutional Court of South Africa have considered whether employment-related decisions in the public sector domain do or could amount to administrative action and whether administrative law and/or labour law should be applicable for purposes of dispute resolution, legal uncertainty remains the order of the day due to a combination of factors. The authors assess whether (and to what extent) the rich South African administrative-law jurisprudence remains of importance in relation to the public employment relationship, bearing in mind the applicable legal considerations, including the inter-relatedness, interdependence and indivisibility of the range of applicable fundamental constitutional rights. Considering the debate in other jurisdictions on this issue, the authors develop a paradigm for situating different employment-related disputes as matters to be decided on labour and/or administrative-law principles in South Africa. This requires an appreciation, to the extent relevant, of the unique nature public sector employment relationships and a detailed investigation of the applicable legal sources and precise parameters of the cases already decided in the country. The position of employees deliberately excluded from the scope of labour legislation is analysed, for example, as is the legal position of high-ranking public sector employees. The outcome of the investigation is important for determining the legal principles to be applied in cases involving public sector employees in their employment relationship, and for purposes of determining the question of jurisdiction. Recent cases, for example where the courts have permitted the state, as employer, to review its own disciplinary decision (via a state-appointed chairperson of a disciplinary hearing) on the basis that this amounts to administrative action which is reviewable, are also examined in the light of the uncertainty regarding the precise nature and scope of the review.
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Calitz, K. "Globalisation, the Development of Constitutionalism and the Individual Employee." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 10, no. 2 (2017): 1. http://dx.doi.org/10.17159/1727-3781/2007/v10i2a2805.
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Summary To establish which legal system will govern the relationship between parties involved in an international employment contract, the rules of private international law (or conflict of laws) must be applied. Each country has its own rules of private international law and each country’s courts will apply its own rules if the court is seized with a matter that involves foreign elements. There may be conflict between the potentially applicable legal systems of countries in terms of the level of protection afforded to employees who are parties to international employment contracts. South Africa has constitutionalised the right to fair labour practices and the question is whether this right is applicable to South African employees working in other countries, or to foreigners working in South Africa who originate from countries where this right is not protected. The answer to this question is to be found in the influence of the Constitution on the rules of private international law as applied by South African courts. It is evident from recent judgments of the Labour Court that the Court will readily assume jurisdiction and will furthermore readily hold that the proper law of the contract is South African law in order to protect the constitutional rights of employees involved in international employment contracts. Had the Labour Court held that the place of performance was still the decisive connecting factor, (as previously decided in most South African cases on thisaspect) the law of the other countries involved in the international employment relationship could have left employees in a worse position than under South African law. This possibility seems to be one of the important underlying reasons for the Labour Court’s willingness to assume jurisdiction and to hold that the proper law was in fact South African law. In the globalisation context the Labour Court has contributed to the advancement of constitutionalism by developing South Africa’s common law rules of private international law to afford constitutional protection to employees involved in international employment contracts.
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Iwu, Chux Gervase. "Kulula.com, South Africa – a case study." Emerald Emerging Markets Case Studies 1, no. 1 (2011): 1–3. http://dx.doi.org/10.1108/20450621111124433.
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Subject area Human resource management; primarily employment law impacting on employment relations. Study level/applicability Second year (or 200 level) students up to post graduate programmes in Business Management, Human Resources Management and Law. Case overview The world is still fascinated by South Africas transition to democracy; what with stories of massacre (Sharpeville, etc.) of those who dared challenge white supremacy and the battle for prominence between the African National Congress and the Inkatha Freedom Party. Since gaining independence, South Africa has attracted investors from far and wide. Now and again, one hears news stories that report about forms of disgruntlement from whites and blacks, respectively. In some quarters, you may hear stories suggesting the white community has not completely gotten over their resentment of black leadership. In some other quarters, you are likely to hear the blacks insist that the South African land space belongs to them and as a result they should be in charge of the distribution of wealth, one must understand that much of the wealth of the South African land still resides with the Whites. In what is considered as a fair attempt to integrate all the citizens of the republic, the new government of Nelson Mandela came up with a constitution that is hailed as perhaps the best in the world. Carved out of the United Nations Human Rights Charter, it proposes a free society that recognizes all its inhabitants regardless of colour. Within the world of work, the constitution identifies seven very important statutes that not only give effect to and sustain the republics membership of the International Labour Organisation, but also help to realize and regulate the fundamental rights of workers and employers. Main learning objective Test students understanding of the legal statutes that pertain to employment relations and human resource management in South Africa. Expected learning outcomes Understand the legislation affecting management and staff. Understand and apply the principles of recruitment and selection of staff. Identify and apply the options open to managers in staff training and development. Identify and apply the appropriate performance management systems. Understand and apply the strategic human resource planning process. Supplementary materials Teaching note.
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Fourie, E. S. "Non-Standard Workers: The South African Context, International Law and Regulation by The European Union." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 11, no. 4 (2017): 109. http://dx.doi.org/10.17159/1727-3781/2008/v11i4a2787.
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The current labour market has many forms of employment relations that differ from full-time employment. "Atypical," "non-standard," or even "marginal" are terms used to describe these new workers and include, amongst others, parttime work, contract work, self-employment, temporary, fixed-term, seasonal, casual, piece-rate work, employees supplied by employment agencies, home workers and those employed in the informal economy. These workers are often paid for results rather than time. Their vulnerability is linked in many instances to the absence of an employment relationship or the existence of a flimsy one. Most of these workers are unskilled or work in sectors with limited trade union organisation and limited coverage by collective bargaining, leaving them vulnerable to exploitation. They should, in theory, have the protection of current South African labour legislation, but in practice the unusual circumstances of their employment render the enforcement of their rights problematic. The majority of non-standard workers in South Africa are those previously disadvantaged by the apartheid regime, compromising women and unskilled black workers. The exclusion of these workers from labour legislation can be seen as discrimination, which is prohibited by almost all labour legislation in South Africa. This contribution illustrates how the concept of indirect discrimination can be an important tool used to provide labour protection to these workers. The purpose of this article is to explore the scope of the extension of labour rights to non-standard workers in the context of South African labour laws and the international framework.
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le Roux, R. "The Evolution of the Contract of Employment in South Africa." Industrial Law Journal 39, no. 2 (2010): 139–65. http://dx.doi.org/10.1093/indlaw/dwq002.
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GIBBONS, JACQUELINE A. "Women Prisoners and South Africa." Prison Journal 78, no. 3 (1998): 330–43. http://dx.doi.org/10.1177/0032885598078003007.
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This article discusses the lives of women in prison in the new South Africa. It describes observations during site visits by the author to prisons in the Durban and Cape Town areas in the summer of 1995 and the spring of 1997. The article covers topics ranging from educational and employment opportunities to child care and maintenance of family ties, concluding that the ambitions of the country's new Constitution remain a far cry from the social and economic realities for the vast majority of its imprisoned women.
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Diedericks, Leana. "The Employment Status of Magistrates in South Africa and the Concept of Judicial Independence." Potchefstroom Electronic Law Journal 20 (November 8, 2017): 1–32. http://dx.doi.org/10.17159/10.17159/1727-3781/2017/v20i0a1475.
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Protection in terms of labour law is primarily only available to persons with status as employees. In South Africa the courts have over the years developed different tests to establish who is an employee and therefore entitled to protection afforded by labour law. These tests have been incorporated into legislation. The Labour Relations Act 66 of 1995 provides for a definition and presumption of who is an employee. The Act further excludes certain categories of persons from its application and ambit. Although magistrates have not expressly been excluded from the application of the Act, it has been held that they are not employees, because such a categorisation would infringe upon the principle of judicial independence as guaranteed by the Constitution of the Repubblic of South Africa, 1996.
 The purpose of this paper is to evaluate whether magistrates could be categorised as employees in terms of the traditional tests of employment and still be able to maintain judicial independence as required by the South African Constitution.
 
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Khosa, Dee. "Gender and Police Leadership: An Analysis of Metropolitan Police Departments in South Africa." International Journal of Criminology and Sociology 10 (August 23, 2021): 1333–41. http://dx.doi.org/10.6000/1929-4409.2021.10.153.
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Despite a number of initiatives aimed at improving the representation and progressive of women in the law enforcement. Studies continue to document the persistence of gender inequality within law enforcement agencies all over the world and South Africa is not an exception. This article bring to light gender inequalities in the law enforcement sector where women in leadership ranks remains low. Historically, the police career was male-dominated and females were not allowed to work in the police. Therefore, equal gender representation in the workplace should by now be at an advanced developmental stage in South Africa since the abolition of discrimination rules. The Commission on Employment Equity of South Africa reported that women comprised 44.8% of the economically active population, yet males were still in charge of senior management positions in South African industries including the law enforcement environment. The data was collected from female officers from Metropolitan Police departments in Gauteng province. The findings suggest that culture, stereotypes, economic and socio-political dynamics, and physical fitness were perceived as barriers that hindered the representation of women into senior leadership positions.
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Osode, Patrick C. "CASE NOTE." Journal of African Law 45, no. 2 (2001): 217–26. http://dx.doi.org/10.1017/s0221855301001717.
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DEFINING THE LIMITS OF PERMISSIBLE EMPLOYMENT DISCRIMINATION AGAINST PERSONS LIVING WITH HIV/AIDS IN SOUTH AFRICA: HOFFMAN V. SOUTH AFRICAN AIRWAYS [2000] 12 BLLR 1365.Perhaps the most positive and exciting aftermath of the apartheid era is the construction of the new South Africa upon the foundation of a Constitution and other legal instruments that are unanimous and unambiguous in two respects. The first is in their proscription of unfair discrimination and the second is in their permission of statutory and other measures aimed at eliminating the effects of past discrimination on those groups of persons who were at the receiving end of same. The provisions of these instruments as well as their tenor and spirit reveal an unmistakable national resolve to break from a culture of racial discrimination to a constitutionally protected culture of human rights for South Africans of all ages, classes and colours. Without doubt, the most important of those provisions is the equality clause of the Bill of Rights contained in the second chapter of the Constitution. This probably follows from a realization of the fact that equality is fundamental to “the maintenance and propagation of human rights in a democratic body politic, particularly in an acutely divided society” such as South Africa.
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Habanabakize, Thomas, Daniel Francois Meyer, and Judit Oláh. "The Impact of Productivity, Investment and Real Wages on Employment Absorption Rate in South Africa." Social Sciences 8, no. 12 (2019): 330. http://dx.doi.org/10.3390/socsci8120330.
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Many developing countries are facing high levels of unemployment and most people who are employed are poorly remunerated due to low skills and productivity levels. Although jobs are important, a productive job is even more important, not only for employees, but also for employers. South Africa, being a developing country, is also facing the challenge of dramatically high levels of unemployment. This study’s aim was to examine both the short- and long-term impacts of real wages, labour productivity and investment spending on employment absorption rates in South Africa. To establish the existing relationship between variables, the study applied several econometric approaches, such as an autoregressive distributed lag (ARDL) model, error correction model (ECM) and a Toda–Yamamoto causality analysis on quarterly time series data from 1995Q1 to 2019Q1. The results revealed the existence of both short- and long-run relationships among the variables. While a positive relationship was found between employment absorption, investment spending and labour productivity, it was found that real wages negatively impact on long-run employment absorption rates. Additionally, the short-run analysis indicated that the lagged employment absorption rate influences the current rate of employment. Furthermore, the causality tests indicated that a bi-directional causal relationship exists between employment absorption and investment spending; and a uni-directional relationship between employment and both real wages and labour productivity. Based on the findings, the study recommends increments of investment spending and labour productivity that enables the South African economy to carry out more activities that would require more workers, thereby improving the employment absorption rate. The fact that labour productivity positively impacts the employment absorption rate infers the requirement for quality and skilled workers to be absorbed in the South African labour market. Therefore, labour skills improvements appear to be a prerequisite for productivity enhancement and job creation.
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Matotoka, Motlhatlego Dennis, and Kolawole Olusola Odeku. "Mainstreaming Black Women into Managerial Positions in the South African Corporate Sector in the Era of the Fourth Industrial Revolution (4IR)." Potchefstroom Electronic Law Journal 24 (June 23, 2021): 1–35. http://dx.doi.org/10.17159/1727-3781/2021/v24i0a10734.
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The active participation of Black South African women in the corporate sector is essential for the achievement of equity and diversity. Since 1994 the sector has failed to promote black women into managerial positions despite the existence of the Employment Equity Act 55 of 1998 that requires the equitable representation of previously disadvantaged groups on all occupational levels. Conversely, the managerial positions in the South African corporate sector continue to be dominated by white males and little effort is being made to achieve equity. The paucity of black women persists in the corporate sector during a period in which South Africa, like many other countries, is preparing itself for the fourth industrial revolution, which has broad implications for the sector. Black women are under-represented in the emerging technological environment in South Africa, and this imbalance is further perpetuating the exclusion of black women from managerial positions. This paper argues that the emerging technological environment presents an opportunity for the corporate sector to reflect on the training needs of Black women and prioritise technology in its quest to achieve equity. An increase in the number of black women with technological skills would enhance their prospects of occupying meaningful managerial roles. The corporate sector in South Africa is expected to comply with progressive statutory interventions and policies to advance women in the emerging technological environment who have the right qualifications, experience, and competency to fill the managerial positions from which they were previously excluded. In this paper we examine and analyse the challenges which are hampering the progression of black women into managerial echelons in post-1994 democratic South Africa. In order to present an objective and balanced view, we also present the strides being taken by some corporates (very few of them) to address the problem of the obstacles to the advancement of Black South African women to managerial positions.
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Chicktay, Mohamed Alli. "Sexual Harassment and Employer Liability: A Critical Analysis of the South African Legal Position." Journal of African Law 54, no. 2 (2010): 283–97. http://dx.doi.org/10.1017/s0021855310000082.
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AbstractOn 27 April 1994 South Africans adopted a new constitution, with founding values of dignity, equality and freedom. Despite the new constitution, the majority of women remain victims within the workplace. They still find themselves a minority within senior management and are often subjected to sexual harassment. Women are either denied work opportunities for refusing to give in to a perpetrator's sexual advances or they are forced to work in an unpleasant environment that severely infringes on their dignity. There are five legal options available to victims of sexual harassment within the South African workplace. These are claims against the employer for: vicarious liability; automatically unfair dismissal; unfair labour practices; failing to create a safe working environment; and violating the Employment Equity Act. This article examines the strengths and weaknesses of these legal actions. It also makes further suggestions aimed at curbing workplace sexual harassment within South Africa.
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Bertrand, Marianne, and Bruno Crépon. "Teaching Labor Laws: Evidence from a Randomized Control Trial in South Africa." American Economic Journal: Applied Economics 13, no. 4 (2021): 125–49. http://dx.doi.org/10.1257/app.20190497.
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We assess whether imperfect knowledge of labor regulation hinders job creation at small and medium-sized firms. We partner with a labor law expert organization that provides information about labor regulation via newsletters and access to a specialized website. We randomly assign 1,800 firms to get access to this service for a 21-week period. Six months later, the average employment level at treatment firms was 12 percent higher than at control firms. The intervention decreased the perception that labor regulation is a constraint to hiring and increased optimal employment level. (JEL D22, D83, J63, L25, K31, O15)
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Onakoya, Adegbemi Babatunde, and SEYINGBO, Adedotun Victor. "Economic Growth and Unemployment Nexus: Okun’s Two-Version Case for Nigeria, South Africa and United States of America." Journal of Economics and Behavioral Studies 12, no. 1(J) (2020): 55–65. http://dx.doi.org/10.22610/jebs.v12i1(j).3006.
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Okun’s law in its original form was predicated on the experience in the United States of America. Some methodological refinements have been added based on studies conducted in other climes with varied results. This research investigated the applicability of this law in Nigeria, South Africa and the United States of America. The study conducted a comparative analysis of three of the versions of the law. The research employed Ordinary Least Squares method having validated it’s appropriateness with Dickey-Fuller and Philips-Perron tests. The demonstrated superiority of the dynamic version over the difference version was manifest in all the countries. The result also showed that the dynamic version of the law was applicable in the three nations while the difference version showed the lack of linkage between economic growth and unemployment only in Nigeria. Deployment of employment creative employment schemes, labour market reform and economic restructuring are recommended in the Nigerian case. The policy makers on South Africa and USA are enjoined to pursue growth- inducing policies.
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Govender, Sandra. "Sexual Harassment: The South African Perspective." International Journal of Discrimination and the Law 7, no. 1-4 (2005): 229–51. http://dx.doi.org/10.1177/135822910500700409.
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Sexual harassment is not a new phenomenon in South Africa but until recently nothing significant was done to address it. The problem is currently being addressed through legislation aimed at prevention and eradication. Sexual harassment in the employment environment is an area of great concern. With the advent of new legislation a positive duty has been placed on employers to take steps to combat the problem. Cases have already been brought before the South African courts in terms of the new legislation and the courts have shown no hesitation in implementing the law. Recent decisions have spelt victory for victims of sexual harassment whilst sending out a clear message to perpetrators and employers. The approach adopted by the courts is a laudable one. The scene has been set in South Africa for the eradication of sexual harassment. The last step is the creation of a culture of non-victimisation. Employers have a crucial role to play as far as their employees are concerned. New legislation does address this issue but awareness is necessary to enable individuals to exercise their rights without fear of victimisation. This is of paramount importance if the various pieces of legislation are to achieve their objectives.
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Molepo, Nkoti Solly. "Impact of international trade on employment in orange industry of South Africa." Journal of Agribusiness and Rural Development 60, no. 2 (2021): 193–201. http://dx.doi.org/10.17306/j.jard.2021.01386.
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The purpose of the study is to analyse the long-run and short-run dynamic relations amongst total employment (lnEMPGt), export output (EXPOt) and import output (IMPOt) from 1990 to 2018, by applying a time-series analysis. The study adopts the secondary data for total employment from the Citrus Growers Association of South Africa, while both export and import output were sourced from the Global Trade Atlas. The multivariate cointegration approach is adopted in the study to identify any causal relationships amongst the concerned variables. The chosen optimum lag selection criterion was the Akaike Information Criterion (AIC) due to its association dependence on the log-likelihood ratio. The third lag was selected for the entire analysis. The results from the cointegration test and the Vector Error Correction Model (VECM) suggest a positive long-run effect between total employment and export output, while import output is negatively associated with total employment. The adjustment term of lnEMPGt, EXPOt and IMPOt suggests that the previous year’s errors are corrected for the current year at a convergence speed of 0.002, 1.11 and 25.37 percentage points, respectively. The results of the Granger causality test show that there are bidirectional causality effects between export output and total employment in the long run, while there are no causality effects between import output and total employment. The overall conclusion is that export outputs positively impact employment, while import outputs impact it negatively in the South African orange industry.
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Matotoka, Motlhatlego Dennis, and Kolawole Olusola Odeku. "Untangling discrimination in the private sector workplace in South Africa: Paving the way for Black African women progression to managerial positions." International Journal of Discrimination and the Law 21, no. 1 (2021): 47–71. http://dx.doi.org/10.1177/1358229121990569.
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Black African women in South Africa are poorly represented at managerial levels in the South African private sector since the advent of democracy. Their exclusion at these occupational levels persists despite the Employment Equity Act 55 of 1998 (EEA) requiring that the private sector must ensure that all occupational levels are equitably represented and reflects the demographics of South Africa. The South African private sector demonstrates its lack of commitment to proliferating black African women into managerial positions by deliberately engaging in race-based recruitment and failing to develop and promote suitably qualified women into managerial positions. As such, the private sector is failing to create upward mobility for black African women to break the glass ceiling. The EEA requires the private sector to apply affirmative action measures in order to achieve equity in the workplace. It is submitted that since 1998, the private sector has been provided with an opportunity to set it own targets in order to achieve equity. However, 22 years later, black African women are still excluded in key managerial positions. However, the EEA does not specifically impose penalties if the private sector fails to achieve the set targets.This approach has failed to increase the representation of black women in managerial positions. However, the EEA does not specifically impose penalties if the private sector fails to achieve the set targets. Whilst this approach seeks to afford the private sector importunity to set its own target, this approach has failed to increase the representation of black women in managerial positions. Employing black African women in managerial levels enhances their skills and increases their prospects to promotions and assuming further leadership roles in the private sector. This paper seeks to show that the progression of black African women requires South Africa to adopt a quota system without flexibility that will result in the private sector being compelled to appoint suitably qualified black African women in managerial levels.
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Liu, Ying-Ying Tiffany. "Unequal Interdependency: Chinese Petty Entrepreneurs and Zimbabwean Migrant Labourers." Studies in Social Justice 2020, no. 14 (2020): 146–65. http://dx.doi.org/10.26522/ssj.v2020i14.1872.
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Exploring the cultural politics of diasporic entrepreneurs and migrant labourers through an examination of Chinese restaurants in Johannesburg, this article presents what I call the “intra-migrant economy” amid everyday racialized insecurities in urban South Africa. I use the term “intra-migrant economy” to refer to the employment of one group of migrants (Zimbabwean migrant workers) by another group of migrants (Chinese petty capitalists) as an economic strategy outside the mainstream labour market. These two groups of migrants work in the same industry, live in the same city, and have established a sort of unequal employment relation that can be hierarchical and interdependentat once. Chinese migrants are socially marginalized but not economically underprivileged, which stands in contrast to Zimbabwean migrants, who remain economically underprivileged even though they speak local languages. Their different socioeconomic positions in South Africa are profoundly influenced by their nationality and racialization. Thisanalysis of their interdependency focuses on the economic and political structures that shaped the underlying conditions that brought Chinese and Zimbabwean migrants to work together in South Africa.
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Ranslem, Duncan. "‘Temporary’ relocation: spaces of contradiction in South African law." International Journal of Law in the Built Environment 7, no. 1 (2015): 55–71. http://dx.doi.org/10.1108/ijlbe-12-2013-0041.
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Purpose – This study aims to examine how temporary relocation areas (TRAs), urban forms that facilitate evictions and forced relocations, have been written into South African legal and governmental structures through contested urban planning and legal regimes. Design/methodology/approach – Proceeding from the macro-scale of TRAs spread across the nation, to the mezzo-scale of the Delft Symphony Way TRA in Cape Town, to the micro-scale of an individual “blikkie” (housing unit) within this camp, the article looks at the form and function of the TRA in urban resettlement practices. Special attention is given to relocation areas’ designation as “temporary” spaces and the consequences of this temporal designation in law and on the ground. Findings – These sites have developed as technologies for negotiating competing demands on the state, and their presence foregrounds some of the deeply rooted contradictions in post-apartheid South Africa. They are places both within and apart from the city, often managed by city officials according to municipal specifications, but located proximally to key urban amenities, utilities services and employment centers. They also place contradictory demands on their residents, for whom making the TRA liveable also legitimates it as a form of housing. Originality/value – This article uncovers several concerns about TRAs, including their inadequacy for long-term settlement, their problematic usage as tools of dispossession and the spatial-material-legal imbrications by which TRAs exist, persist and act back upon both individual lives and policy spheres.
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Manaliyo, Jean Claude. "THE RELATIONSHIP BETWEEN POLITICAL RISK AND EMPLOYMENT IN TOURISM: A CASE OF SOUTH AFRICA." EURASIAN JOURNAL OF SOCIAL SCIENCES 9, no. 2 (2021): 78–88. http://dx.doi.org/10.15604/ejss.2021.09.02.002.
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Political risk is one of the determinants of employment in the tourism industry. Changes in the level of political risk in a country result in fluctuations in employment in the tourism sector. Countries with a high level of political risk experience a decline in employment whereas countries with a low level of political risk experience an increase in employment. This paper investigates the impact of political risk on employment in South Africa’s tourism industry using quarterly time series data for the period between 2007 and 2017. The study employs the Autoregressive Distribution Lag (ARDL) model to determine the impact of political risk on employment in tourism in both the short- and long-run. The results from the analysis reveal that political risk has both short- and long-run effects on employment in South Africa’s tourism industry. When the level of political risk declines by 1%, employment grows by 5.016% in the long-run whereas employment increases by 1.51% in the short-run when the level of political risk declines by 1%. These results imply that governments have to keep the level of political risk low by avoiding political risk events and actions for the tourism industry to create additional employment opportunities.
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Hanto, Jonathan, Lukas Krawielicki, Alexandra Krumm, et al. "Effects of decarbonization on the energy system and related employment effects in South Africa." Environmental Science & Policy 124 (October 2021): 73–84. http://dx.doi.org/10.1016/j.envsci.2021.06.001.
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Dalu, Mwazvita T. B., Ashley W. Gunter, Mulweli Makatu, Gregory M. Dowo, Farai Dondofema, and Tatenda Dalu. "Contribution of Natural Forest Products to Rural Livelihoods at Mavunde and Sambandou Villages, Vhembe Biosphere Reserve, South Africa." Sustainability 13, no. 8 (2021): 4252. http://dx.doi.org/10.3390/su13084252.
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With ~70% of the sub-Saharan population living in rural areas, more than 90% of rural African households depend on natural forest products. Although several studies in other parts of South Africa have looked into the use of natural forest products in poverty alleviation, little is known on the roles and relative contribution of natural forest products as daily and safety nets specifically within the Vhembe Biosphere Reserve, South Africa. This study assessed the different roles played by natural forest products in households and the patterns of their relative contribution to households both as sources of income and direct consumption within differing household compositions as well as socio-economic factors. These included employment and income diversification role and the monetised value of natural resources in the rural livelihoods of households in Sambandou and Mavunde, Vhembe Biosphere Reserve, Limpopo Province, South Africa. The study inter alia compared a wide use of natural resources by two villages and determined on which forest products they most relied for their economic welfare. Their relative contributions to livelihoods were assessed by identifying factors that affected their contributions. Findings of the study showed that Sambandou had a high number of people with formal jobs and females, and fewer old-age pensioners. Differences in employment and education between villages were observed. In all villages, the most frequently used or harvested resource was fuelwood, wild edible fruits, herbs, grass/shrub hand sweepers, insects for food, thatch grass/reeds and poles for fencing and housing. Overall, Mavunde village households were found to be more dependent on natural resource harvesting both for income and subsistence substitution. Findings suggest that this may have been a consequence of socio-economic factors such as income and employment, as well as general underdevelopment in the village. This study’s findings could contribute to further studies into how these results compare to other parts of the country and region, as well as their respective developmental implications.
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Juana, James S., Kenneth M. Strzepek, and Johann F. Kirsten. "Market efficiency and welfare effects of inter-sectoral water allocation in South Africa." Water Policy 13, no. 2 (2010): 220–31. http://dx.doi.org/10.2166/wp.2010.096.
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The need for increased agricultural production to meet the growing demand for food, coupled with concerns for environmental sustainability, economic growth and poverty reduction has increased demand on the already scarce water in South Africa. At the same time, because of agriculture's minimal contribution, compared to the industrial and mining sectors, to South Africa's GDP and employment, the call to reallocate water from agriculture to non-agricultural use has been intensified. This study updates the 1998 Social Accounting Matrix (SAM) for South Africa and uses the computable general equilibrium model to analyze the impact of water reallocation from agriculture to the non-agricultural sectors on output growth, value added at factor cost, which captures the payments from the production sectors to the factors of production, and households' welfare. Using different water reallocation scenarios, the simulation results indicate that water reallocation from agriculture to non-agricultural sectors beyond the level of a market allocation scenario will lead to a decline in sectoral output and a significant deterioration in the welfare of poor households. It thus undermines development efforts aimed at reducing the existing level of poverty in the country.
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Phiri, Andrew. "Film Production And Economic Performance: Should South Africa Invest In Movies?" Journal of African Films & Diaspora Studies 4, no. 2 (2021): 125–44. http://dx.doi.org/10.31920/2516-2713/2021/4n2a7.
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The movie industry is increasingly recognised as a possible avenue for improving economic performance. This study focuses on film production and its influence on South African economic growth (per capita income and employment between 1970 and 2020). Our autoregressive lag distributive (ARDL) estimates on a loglinearised endogenous growth model augmented with creative capital indicate that the production of movies has no significant effects on long-run GDP growth, per capita GDP and employment. The baseline regressions find a short-run positive and significant influence of film production on per capita income and are devoid of long-run effects. However, re-estimating the regressions with interactive terms between movie production and i) government spending ii) foreign direct investment, improve the significance of film regression coefficients which all turn positive and significant, for government spending, and negative for foreign direct investment. Our results indicate that foreign investment crowds out domestic investment whilst government investment in movies is growth-enhancing.
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Jinnah, Zaheera. "Negotiated Precarity in the Global South: A Case Study of Migration and Domestic Work in South Africa." Studies in Social Justice 2020, no. 14 (2020): 210–27. http://dx.doi.org/10.26522/ssj.v2020i14.1971.
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This article explores precarity as a conceptual framework to understand the intersection of migration and low-waged work in the global south. Using a case study of cross-border migrant domestic workers in South Africa, I discuss current debates on framing and understanding precarity, especially in the global south, and test its use as a conceptual framework to understand the everyday lived experiences and strategies of a group that face multiple forms of exclusion and vulnerability. I argue that a form of negotiated precarity, defined as transactions which provide opportunities for survival but also render people vulnerable, can be a useful way to make sense of questions around (il)legality and (in)formality in the context of poorly protected work, insecure citizenship and social exclusion. Precarity as a negotiated strategy shows the ways in which people interact with systems and institutions and foregrounds their agency. But it also illustrates that the negative outcomes inherent in more traditional notions of precarity, expressed in physical and economic vulnerability, and discrimination in employment relations, mostly hurt the poor. This suggests the importance of an intersectional approach to understanding precarity in labour migration studies.
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Dunga, Steven Henry. "An Exploratory Study Of The Variation In Unemployment Length Of Graduates Of Different Degree Programs." International Business & Economics Research Journal (IBER) 15, no. 2 (2016): 69. http://dx.doi.org/10.19030/iber.v15i2.9636.
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The drive to reduce poverty and unemployment in most developing or newly industrialized countries has many forms, the most common avenue, however, is the provision of education and a resultant expectation of employment. South Africa has in the past decade struggled with the issue of unemployment. Even in the face of very high graduate rates compared to other countries in the region, there is still high unemployment. The most common in South Africa is frictional as opposed to structural. An obvious expectation is that once people have attended tertiary education, getting a job should be easier than those without any education. However, there seems to be a mismatch between the skills required in the workplace and the skills the graduates looking for jobs have. Using data from graduates of one of the big universities in South Africa, the study investigated on the time, graduates take to get a job focusing on graduates from different degree programs. The results show that graduates eventually get employed but differences exist in the waiting period. The results show that of the six degree programs namely Bachelor of Commerce in Economics, BCom Human Resources, Bachelor of Arts Psychology, Bachelor of Education (BEd), Bachelor of Science and Bachelor of Arts in Law, the law degree graduates have the longest waiting period and the BEd has the shortest waiting period before getting employed. The study, however, showed that all the graduates in the sample were employed. The results also indicated that 58percent of the graduates in the sample were not employed in the field they studied in. The study therefore recommended that to deal with unemployment in general, people should be afforded the opportunity to study for a degree, and that although low paying, BEd provides higher prospects of employment than most other degrees.
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Swanepoel, Magdaleen. "Human Rights That Influence The Mentally Ill Patient In South African Medical Law: A Discussion of Sections 9; 27; 30 and 31 of the Constitution." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 14, no. 7 (2017): 126. http://dx.doi.org/10.17159/1727-3781/2011/v14i7a2619.
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The personalised nature of mental illness obscures from general view the intolerable burden of private and public distress that people with serious mental illness carry. Invariably the mentally ill person encounters rejection and humiliation that are in some way tantamount to a "second illness." The combination either disrupts or puts beyond reach the usual personal and social life stages of marriage, family life, raising children, sexual relationships, the choice of treatment, affordable housing, transportation, education and gainful employment. As a result of their lack of financial and social support and their experience of rejection from society, persons with mental illness tend to neglect themselves and their diet, and frequently delay seeking treatment. Against this background, this contribution critically focuses on the human rights that influence the mentally ill patient in South African medical law. Specific attention is paid to the relevance and meaning of sections 9 (the equality clause), 27 (access to health care services), 30 and 31 (language, culture and religion) of the Constitution of the Republic of South Africa, 1996.
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Botes, Anri. "The History of Labour Hire in Namibia: A Lesson for South Africa." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 16, no. 1 (2017): 505. http://dx.doi.org/10.17159/1727-3781/2013/v16i1a2320.
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Labour hire, the practice of hiring out employees to clients by a labour broker, has been a part of Namibia’s history since the early 1900s in the form of the contract labour system. This form of employment was characterized by inhumanity and unfair labour practices. These employees were subjected to harsh working conditions, inhumane living conditions and influx control. The contract labour system continued until 1977, when it was abolished by the General Law Amendment Proclamation of 1977. It was during the 1990s that the hiring out of employees returned in the form of labour hire. It continued in this form without being regulated until it was banned in the Namibian Labour Act of 2007. In 2009 Africa Personnel Services, Namibia’s largest labour broker, brought a case before the court against the Namibian Government in an attempt to have the ban nullified on grounds of unconstitutionality. It argued that the ban infringed on its right to carry on any trade or business of its choice as contained in section 21(1)(j) of the Constitution of the Republic of Namibia. APS triumphed. It was not until April 2012 that new legislation was promulgated in order to officially lift the ban and to regulate labour hire in its current form. This new legislation came into force in August 2012. Various very important provisions are contained in the Labour Amendment Act 2 of 2012 concerning labour brokers. Part IV of the Employment Services Act 8 of 2011, containing provisions for the regulation of labour brokers as juristic persons per se, was also introduced and came into force in September 2012. The aim of this note is to serve as a lesson to the South African government as to what could happen if labour brokers continue without legislation properly addressing the pitfalls associated with labour brokers. Also, it could serve as an example as to how the employees of a labour broker should be protected. In this regard the history of labour hire and the current strides in Namibia cannot be ignored.
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Ndlovu, N., G. Richards, N. Vorajee, and J. Murray. "Silicosis and pulmonary tuberculosis in deceased female South African miners." Occupational Medicine 69, no. 4 (2019): 272–78. http://dx.doi.org/10.1093/occmed/kqz067.
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Abstract Background Implementation of South Africa’s 2002 Mining Charter increased women’s participation in underground mining. However, occupational lung diseases (OLDs) in female gold miners have not been studied. Aims To compare autopsy-diagnosed pulmonary silicosis, lymph gland silicosis (a precursor of pulmonary silicosis) and active pulmonary tuberculosis (PTB) in South African gold miners. Methods The law allows for autopsies on miners for OLD compensation. Information is stored on the Pathology Automation (PATHAUT) database. We selected records of deceased miners who had worked only in gold mines, started employment from 2002, and were autopsied between 2005 and 2015. Using descriptive statistics, we compared demographic and employment characteristics, and disease proportions by sex. Results The study comprised 847 gold miners: 68 women and 779 men. There were no statistically significant differences in proportions of autopsy-diagnosed pulmonary silicosis [3 (4%) in women and 54 (7%) in men], lymph gland silicosis [11 (16%) and 171 (22%)] or PTB [29 (43%) and 254 (33%)]. Age and employment duration in women and men with disease were similar. Most miners with pulmonary silicosis had started employment from 2003 [315 (77%)] and worked for under 10 years. Conclusion It is important to report research findings by sex. Proportions of silicosis and PTB were comparable in women and men, suggesting similar exposures. Silicosis detection after short employment indicates inadequate dust control, particularly as most entered the industry after implementation of interventions to control silica dust in 2003.
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Holness, Dave. "Improving Access to Justice through Law Graduate Post-Study Community Service in South Africa." Potchefstroom Electronic Law Journal 23 (January 16, 2020): 1–25. http://dx.doi.org/10.17159/1727-3781/2020/v23i0a5968.
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Access to justice for all in South Africa, as most clearly set out in sections 34 and 35 of the Constitution of the Republic of South Africa, 1996, is necessary to realise various other fundamental rights and to improve living standards. There are insufficient free legal services available to the indigent in South Africa, especially in civil matters, thereby often making meaningful access to justice unattainable. This study considers possible approaches, challenges and opportunities for law graduate community service in South Africa (hereinafter "community service") to expand the ambit and impact of free legal services to the indigent. This would promote the constitutional imperative of access to justice, focussing on civil matters. This study concentrates on the access to justice potential of and challenges to such community service. Such challenges will be shown to include its proper utilisation and control through the adequate supervision of graduates. This paper argues that graduate community service has the capacity to promote better access to justice and hence that steps should be taken for its introduction in some form.
 Community service and means for law graduates to perform this as a necessary part of vocational training before entering the legal profession are provided for in section 29 of the Legal Practice Act 28 of 2014 (LPA). But despite parts of the Act being operative, community service is neither in operation nor do regulations yet exist for its implementation.
 The specific vocational training element(s) for law graduates is worthy of separate study and is not the focus of this paper. Such a separate study would include opportunity creation - such as gaining the necessary practical experience and the establishment of employment opportunities - and training challenges for graduates during community service.
 In the pre-LPA era it would have been necessary to focus more on whether community service for law graduates should be included in legislation or not as part of graduates' vocational training and as a key component of free legal service delivery. Some such arguments are alluded to as community service has yet to be implemented and its implementation is not a fait accompli. But because it is now included in the LPA as a legal aid service delivery possibility, this study instead focusses on the need for the effective and appropriate implementation and operation of community service to turn the requirements and encouraging promise of the LPA on community service into reality. The paper explores issues such as the necessary and appropriate supervision and placement of law graduates completing community service. The research very briefly touches on whether community service would best be compulsory for graduates as part of their vocational training or merely one possible route towards admission to the legal profession. Lessons are sought for legal community service in South Africa from existing medical post-study community service schemes as to the role which such schemes have played in expanded service provision and impediments experienced in reaching such goals. These lessons are applied to proposals for the implementation and operation of law graduate community service.
 This study considers how community service could and should be a key component of a multi-faceted and co-ordinated approach to expand and improve free legal services for the indigent in civil matters in South Africa with its gross inequality, unemployment and poverty. For this goal to be realised, there must be mechanisms for its effective roll-out and operation.
 
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Newaj, Kamalesh. "Defining Fairness in Dismissals of Unauthorised Foreign Nationals." Potchefstroom Electronic Law Journal 23 (August 24, 2020): 1–25. http://dx.doi.org/10.17159/1727-3781/2020/v23i0a7586.
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It is trite that if a person's employment is prohibited by law it is not possible for such a person to perform his or her work lawfully. However, people are employed despite failing to comply with statutory requirements. One such class of persons consists of unauthorised foreign nationals. This arises in circumstances where they are employed without work permits or where their work permits expire during employment. The Labour Court in Discovery Health Limited v CCMA 2008 7 BLLR 633 (LC) has affirmed that the absence of a valid work permit does not invalidate the contract of employment, thereby endorsing the fact that unauthorised foreign nationals are regarded as employees. While the Labour Court has confirmed that unauthorised foreign nationals are subject to labour law protection, notably the right not to be unfairly dismissed, it is irrefutable that employers are permitted to dismiss such employees. However, these dismissals must be fair. Unfortunately, there is no clarity on what constitutes a fair dismissal in such circumstances. Although the CCMA relying on the decision of Discovery Health is substantially unanimous in finding that unauthorised foreign nationals have the right to utilise the unfair dismissal machinery sanctioned in the Labour Relations Act 66 of 1995, its decisions are plagued with inconsistency when it comes to determining fairness. Furthermore, no specific guidance has been forthcoming from the Labour Court. Considering the fact that migration to South Africa is rife, resulting in many foreign nationals being employed, this is an important aspect of the law. Therefore, this article explores the substantive and procedural fairness requirements of such dismissals. Having clarity of the legal requirements that apply will aid the fair treatment of foreign nationals who face dismissals due to the absence of valid work permits. This is significant, as South African labour law places a high premium on the fair dismissal of all employees. Apart from being legislated in the LRA, this right is also a constitutional imperative.
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Sychenko, E., M. Laruccia, D. Cusciano, I. Chikireva, J. Wang, and P. Smit. "Non-Standard Employment in the BRICS Countries." BRICS Law Journal 7, no. 4 (2020): 4–44. http://dx.doi.org/10.21684/2412-2343-2020-7-4-4-44.
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Non-standardization of employment has become the main trend of the labour markets in the globalized economy. Attempting to enhance the flexibility of employment relations the legislators in BRICS countries are also the part of this trend. The forms of the nonstandard employment are numerous, the present paper concentrates upon the following ones: temporary employment, part-time and multi-party employment relationship. The authors review the experience of four BRICS countries in regulating non-standard forms of employment and determine what were the specific reasons for adopting them in Russia, China, Brazil, and South Africa. The national parts are introduced by the consideration of the international standards of protection of employees working under non-standard contracts. It is argued that even though these four states did not ratify the ILO Convention No. 181 Private Employment Agencies Convention (1997) and only Russia ratified ILO Part-Time Work Convention (No. 175), the ILO approach has influenced the development of national regulations. Though the equal treatment of all workers is lacking in many aspects of employment relations. In the national parts the authors trace the changes in employment law which reflect the pursuit of flexibilization of the labour market and, as in Brazil, the need to formalize employment relations.
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Dlamini, Simangele, Solomon G. Tesfamichael, Yegnanew Shiferaw, and Tholang Mokhele. "Determinants of Environmental Perceptions and Attitudes in a Socio-Demographically Diverse Urban Setup: The Case of Gauteng Province, South Africa." Sustainability 12, no. 9 (2020): 3613. http://dx.doi.org/10.3390/su12093613.
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In environment-nature discourse, determinants of environmental perceptions and attitudes vary significantly making it difficult to draw generalisations on their significance for particular locales. In this paper, we explore the key socio-demographic factors affecting environmental perceptions and attitudes for a socio-economically diverse area of Gauteng province, South Africa, using a generalised ordered logit model (gologit) approach. Personal level variables like gender, education level, employment status, age, population group, migration status and external variables such as dwelling type and electricity availability, obtained through a questionnaire, were assessed as determinants of environmental perceptions and attitudes. Statistical results indicated that dwelling type, gender, education level, place of birth and employment status were strong determinants of environmental attitudes. Population group (Coloured and White), dwelling type, electricity availability, employment status and education level (from primary only up to matric) were found to be significant predictors of environmental perceptions. Education level, dwelling type and employment status were therefore the common explanatory variables from the analysis, giving prominence to material values that people attach to environmental attitudes and perceptions. Age had no influence on both environmental perceptions and attitudes. The results from this article can provide a foundation for segmentation of anthropocentric factors for environmental planning and strategy formulation within the province.
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Basson, Yvette. "Selected Developments in South African Labour Legislation related to Persons with Disabilities." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 20 (May 25, 2017): 1. http://dx.doi.org/10.17159/1727-3781/2017/v20i0a1216.
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In South Africa marginalised groups have historically been afforded legislative protection in order to ensure that the rights of these groups are respected, protected, promoted and fulfilled. Examples of two such groups are older persons, whose rights are provided for in terms of the Older Persons Act 13 of 2006 and children, whose rights are provided for in terms of the Children's Act 38 of 2005. Persons with disabilities have, however, not yet been the subject of dedicated legislation outlining the content of the rights to which they are entitled. As a result of this lack of dedicated legislation, the rights of persons with disabilities are dealt with in a piecemeal fashion, often in disparate pieces of legislation.In addition to this focus on the rights of persons with disabilities, South African labour law has recently undergone extensive amendments. These amendments have led to the rights of persons with disabilities in the workplace being affected substantially. Since these amendments are as yet untested, little scrutiny of these provisions and the effect they may have on persons with disabilities has been undertaken. This article will thus discuss selected amendments of the labour legislation, and interrogate the practical effect these amendments may have on the rights of such persons. Of particular importance for the purposes of this article is the updating of an existing institution known as Sheltered Employment Factories, as well as the introduction of harsher penalties for employers who remain non-compliant with certain provisions of the Employment Equity Act 55 of 1998.
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Pérezts, Mar, Jo-Anna Russon, and Mollie Painter. "This Time from Africa: Developing a Relational Approach to Values-Driven Leadership." Journal of Business Ethics 161, no. 4 (2019): 731–48. http://dx.doi.org/10.1007/s10551-019-04343-0.
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AbstractThe importance of relationality in ethical leadership has been the focus of recent attention in business ethics scholarship. However, this relational component has not been sufficiently theorized from different philosophical perspectives, allowing specific Western philosophical conceptions to dominate the leadership development literature. This paper offers a theoretical analysis of the relational ontology that informs various conceptualizations of selfhood from both African and Western philosophical traditions and unpacks its implications for values-driven leadership. We aim to broaden Western conceptions of leadership development by drawing on twentieth century European philosophy’s insights on relationality, but more importantly, to show how African philosophical traditions precede this literature in its insistence on a relational ontology of the self. To illustrate our theoretical argument, we reflect on an executive education course called values-driven leadership into action, which ran in South Africa, Kenya, and Egypt in 2016, 2017, and 2018. We highlight an African-inspired employment of relationality through its use of the ME-WE-WORLD framework, articulating its theoretical assumptions with embodied experiential learning.
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GARIDZIRAI, Rufaro. "AN AUTOREGRESSIVE DISTRIBUTIVE LAG ANALYSIS OF CRIME & TOURISM IN THE WESTERN CAPE PROVINCE, SOUTH AFRICA." GeoJournal of Tourism and Geosites 35, no. 2 (2021): 304–8. http://dx.doi.org/10.30892/gtg.35206-652.
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The relationship between crime and tourism has not received much attention in the academic fraternity. Instead, extensive attention has been placed on the impact of tourism on economic growth, inequality, poverty and employment. To contribute to the scarce literature on crime-tourism, the researcher examined the impact of crime on tourists arrival in the Western Cape Province, South Africa. An Autoregressive Distributive Lag model was employed to examine whether crime reduces or increases the arrival of tourists in the Western Cape Province. The results show that robberies, car hijacking and unemployment minimizes the number of tourists in the province, while economic growth and prosecution per population increases the number of tourists in the province. The results further highlight that robberies, car hijacking and unemployment disequilibrium can be solved after 1 year 6 months, holding all other things constant. Based on these findings, the study recommends that the government provide more employment opportunities to prevent crime in the province.
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Habanabakize, Thomas, and Paul-Francois Muzindutsi. "Analysis of Government Expenditure and Sectoral Employment in the Post-apartheid South Africa: Application of ARDL Model." Journal of Economics and Behavioral Studies 9, no. 2(J) (2017): 224–33. http://dx.doi.org/10.22610/jebs.v9i2(j).1663.
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The current study has been designed to analyse the interactions between real government spending and job creation in South Africa focusing on five major economic sectors, namely construction, financial, manufacturing, mining, and retail sectors. The main objective of the study was to determine how job creation in different economic sectors responds to changes in real government spending. To achieve this objective, the study used five different autoregressive distributed lag (ARDL) models to analyse the long-run and shot-run relationships between government spending and employment rate in each of the aforementioned five economic sectors. The sample period consisted of quarterly observations starting from the first quarter of 1994 to last quarter of 2015. The study found a long-run relationship between government spending and job creation in the mining sector but there was no evidence of long-run relationships between government spending and jobs creation in construction, financial, manufacturing, and retail sectors. The short-run analysis showed that government spending could create jobs in all five sectors. This paper concluded that increasing government spending can only create short-term jobs but does not create lasting jobs in most sectors, except the mining sector. To increase the number of durable jobs, the South African government should therefore increase spending on mining sector.
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Habanabakize, Thomas, and Paul-Francois Muzindutsi. "Analysis of Government Expenditure and Sectoral Employment in the Post-apartheid South Africa: Application of ARDL Model." Journal of Economics and Behavioral Studies 9, no. 2 (2017): 224. http://dx.doi.org/10.22610/jebs.v9i2.1663.
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The current study has been designed to analyse the interactions between real government spending and job creation in South Africa focusing on five major economic sectors, namely construction, financial, manufacturing, mining, and retail sectors. The main objective of the study was to determine how job creation in different economic sectors responds to changes in real government spending. To achieve this objective, the study used five different autoregressive distributed lag (ARDL) models to analyse the long-run and shot-run relationships between government spending and employment rate in each of the aforementioned five economic sectors. The sample period consisted of quarterly observations starting from the first quarter of 1994 to last quarter of 2015. The study found a long-run relationship between government spending and job creation in the mining sector but there was no evidence of long-run relationships between government spending and jobs creation in construction, financial, manufacturing, and retail sectors. The short-run analysis showed that government spending could create jobs in all five sectors. This paper concluded that increasing government spending can only create short-term jobs but does not create lasting jobs in most sectors, except the mining sector. To increase the number of durable jobs, the South African government should therefore increase spending on mining sector.
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NATTRASS, NICOLI. "Trading off Income and Health?: AIDS and the Disability Grant in South Africa." Journal of Social Policy 35, no. 1 (2005): 3–19. http://dx.doi.org/10.1017/s0047279405009293.
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Despite high levels of unemployment, South Africa's welfare system is premised on full employment: only those who are too young, too old or too sick to work qualify for social assistance. A government committee recently recommended the introduction of a universal Basic Income Grant (BIG) to address this hole in the welfare net. Now that highly active antiretroviral thereapy (HAART) is being rolled out through the public health sector for people sick with AIDS, the case for a BIG is even more compelling. People sick with AIDS qualify for a disability grant. The HAART rollout offers them the chance of restored health – but it comes at the cost of losing the disability grant because they will be deemed well enough to work. Given South Africa's high unemployment rates, many will not be able to find work, and hence will face a trade-off between health (taking HAART) and income (keeping the disability grant). This could undermine adherence to HAART and/or reduce the effectiveness of the treatment by compromising the nutritional status of patients, thereby facilitating the growth of drug-resistant HIV. Introducing a BIG could help resolve this unintended tension between health and welfare policy.
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Gericke, SB. "A New Look at the Old Problem of a Reasonable Expectation: The Reasonableness of Repeated Renewals of Fixed-Term Contracts as Opposed to Indefinite Employment." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 14, no. 1 (2017): 104. http://dx.doi.org/10.17159/1727-3781/2011/v14i1a2546.
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In South Africa, the Labour Relations Act 66 of 1995 (LRA) regulates and protects the position of the employee who reasonably expects that a fixed-term contract will be renewed on the same or similar terms while the employer only offered to renew the contract on less favourable terms or in some instances was not prepared to renew the fixed-term contract at all. The LRA regards the latter conduct as a dismissal, as long as the employee can prove that the employer was responsible for creating the reasonable expectation of contractual renewal. In contrast to this position, the LRA does not regulate or protect the position of the employee whose fixed-term contract was repeatedly renewed on the same, similar or even improved terms, while the employer was in a position to offer the employee indefinite employment. The employer may even have created a reasonable expectation that repeated renewals would result in permanent employment. The exploitation and abuse of the fixed-term contract to the extent that an employee is deprived of employment security and the benefits linked to an employment relationship of indefinite duration have prompted a comparative investigation into this particular field of law.
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KENNY, BRIDGET. "Mothers, Extraordinary Labor, andAmacasual: Law and Politics of Nonstandard Employment in the South African Retail Sector." Law & Policy 31, no. 3 (2009): 282–306. http://dx.doi.org/10.1111/j.1467-9930.2009.00298.x.
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Mswela, Mphoeng Maureen. "Does Albinism Fit Within the Legal Definition of Disability in the Employment Context? A Comparative Analysis of the Judicial Interpretation of Disability under the SA and the US Non-Discrimination Laws." Potchefstroom Electronic Law Journal 21 (June 29, 2018): 1–37. http://dx.doi.org/10.17159/1727-3781/2018/v21i0a1684.
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South Africans with albinism are among the most marginalised and vulnerable citizens yet very little attention is paid to protecting them from human rights violations. There have been several calls by people with albinism in South Africa to be classified as disabled. The question of whether albinism is classified as a disability or not is a controversial legal one, which does not always have a straightforward answer. A literature search indicates that in South Africa no comprehensive and analytical study has been carried out on the subject of albinism and disability, whereas this has already been addressed in court cases in the United States of America. This paper anticipates addressing this gap within a legal perspective. The objective of such an analysis is to understand the construction of disability under the Employment Equity Act in order to shed light on whether people with albinism qualify for the protection, which is afforded to people with disabilities in the work place. Foreign case law and international human rights law could shed new light on this longstanding grey area or stimulate the development of novel legal analytical strategies. This paper reviews the nature of disability claims in the workplace on grounds of albinism in the United States context, including factors contributing to disability claims; assessing the degree of impairment and the guidelines in assessing albinism related disability. Prior to this discussion, the paper explores the current working definition of disability in South Africa, which stems from the IMATU case, which relied significantly on a foreign precedent; the Sutton v United Airlines case as there was no indigenous precedent in South Africa to fall back on. It will be argued that the Sutton v United Airlines decision, referred to in the IMATU case is based on an insufficiently inclusive definition of disability. Specific cases that relied on the Sutton v United Airlines decision as a persuasive authority in determining whether albinism is a disability or not, will also be examined. While the United States of America has struck down the decision in the Sutton v United Airlines and amended its legislation to include a broader and less restrictive definition of disability, which includes present as well as past conditions and a subjective component of perceived disability, the South African definition of disability still remains narrow and less inclusive. The United States of America's amended legislation does not contain an exhaustive definition of disability; rather, an equality-based framework was chosen which considers changing biomedical, social and technological developments. This new definition highlights the fact that the emphasis must be on whether discrimination occurred rather than adherence to a strict definition of disability. Such a framework of disability includes a socio-political aspect, which places emphasis on human dignity, respect and the right to equality. Against this background, the comparative analysis raises specific issues that deserve attention, in particular that the unique disadvantages and negative stereotyping suffered by people with albinism should be recognised as unlawful conduct against people with disabilities as defined by legislation. Put differently, the discussion calls for a broader approach to viewing disability, which includes both a social and a human rights perspective. In taking the position that albinism related discrimination is socially constructed, the article also explores the mandate of the Convention on the Rights of Persons with Disabilities in as far as it relates to the social construction of disability. The paper argues that the Convention on the Rights of Persons with Disabilities affords a direction for an analysis of the discrimination faced by persons with albinism.
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Beebeejaun, Ambareen. "Unfair dismissal in the Mauritius context: a comparative study." International Journal of Law and Management 60, no. 6 (2018): 1299–312. http://dx.doi.org/10.1108/ijlma-07-2017-0158.
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Purpose The purpose of this study is to critically analyse the concept of unfair dismissal and to assess the extent to which the Employment Rights Act 2008 is affording protection to employees in Mauritius. The purpose of this study is to also demonstrate that as employees form an integral part of their workplace, their employment cannot be terminated without substantive and procedural fairness. The paper will provide some recommendations to cater for loopholes in existing Mauritius employment legislations. Design/Methodology/Approach To critically examine the topic, the black letter approach is adopted to detail legislations and judgments of courts on the subject matter. A comparative analysis with some other jurisdictions’ employment legislations is also carried out to define, explain and examine the concepts of dismissal, substantive causes such as misconduct and procedural fairness. Findings From the methodologies used, it is found that a substantial reason is not sufficient to conclude whether a dismissal is fair. The law of unfair dismissal has introduced some procedural safeguards to protect the employee from being unfairly and unjustifiably dismissed. The procedural requirements act as guidelines to employers and if they are not followed properly, the dismissal will be unfair. Unfair dismissal needs to be accompanied by remedies from employers, and monetary compensation has been found to be the most appropriate remedy. Originality/Value This paper is amongst the first research work conducted in Mauritius that compares the law of unfair dismissal and its implications with the laws of England and South Africa. The study is carried out with a view to provide practical recommendations in this area of employment law to the relevant stakeholders concerned.
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English, Jane, and Paula Hay. "Black South African women in construction: cues for success." Journal of Engineering, Design and Technology 13, no. 1 (2015): 144–64. http://dx.doi.org/10.1108/jedt-06-2013-0043.
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Purpose – This paper aims to describe the findings of interviews based on a questionnaire and a focus group discussion (conducted in 2011) with three Black women employees who were part of a 2006 study, which canvassed 176 employees and employers, in which carpentry was found to be considered the most accessible and appropriate skills area for women, and chronicles their development and assessment of current employment for women in construction. Design/methodology/approach – The focus group was made up of the women from the 2006 study still in the same employment or better positions in the same company Neil Muller Construction (NMC) after five years. Women from NMC, in particular, were selected because the company has been considered a best practice example and therefore would provide an interesting context in terms of the issues around retention of women and potentially a model for the industry. Foci are female representation, barriers, conditions, skills acquisition and employers’ attitudes to family responsibilities. In particular, measures to support women and the impact of role models and mentoring programmes are discussed. Findings – The results of the 2011 focus group study show that positive measures for women to work in construction are developing, both through legislation (e.g. the Construction Charter) and company efforts such as those of NMC. Both the 2006 and 2011 studies highlighted that female attributes such as being peacekeepers on site were considered favourable, indicating a positive shift in attitude regarding women working in construction. Research limitations/implications – There has been and remains a paucity of research into and literature on the topic of women in the construction industry, particularly working at the skills level. Practical implications – The paper has practical implications for employers wanting to increase employment and retention of women on site by providing a best practice example. Social implications – Increased employment of women is a statuary requirement of South African employment law. Women are, on average, the lowest wage earners. Originality/value – The paper reviews challenges for women in construction and ways these can be circumvented through interaction between industry and companies. The challenges are entry and retention because of the practices and attitudes typical in a male-dominated work environment. As a follow-up to previous research of 2006 into barriers to entry for women, this paper adds value by considering retention and a best practice example. As women’s lack of knowledge of the sector is also a barrier, this paper contributes to building knowledge. Further research should determine developing trends in terms of women’s representation in the construction industry.
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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 (2017): 188. http://dx.doi.org/10.17159/1727-3781/2011/v14i1a2554.
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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.
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Eita, Joel Hinaunye, and Andre C. Jordaan. "Estimating the tourism potential in Namibia." Corporate Ownership and Control 11, no. 4 (2014): 391–98. http://dx.doi.org/10.22495/cocv11i4c4p2.
Full textAbstract:
This paper investigates the determinants of tourism in Namibia for the period 1996 to 2012. The results indicate that an increase in trading partners’ income, depreciation of the exchange rate, improvement in Namibia’s infrastructure, sharing a border with Namibia are associated with an increase in tourist arrivals. Governance indicators such as rule of law, political stability and no violence are also associated with an increase in tourist arrivals to Namibia. The results show that there is unexploited tourism potential from Angola, Austria, Botswana, Germany and South Africa. This suggests that it is important to exploit the tourism potential as this would help to accelerate economic growth and generate the much needed employment
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Nxumalo, Lindani. "Developing Transformational Leadership Model to Effectively Include Persons with Disabilities in the Workplace." African Journal of Inter/Multidisciplinary Studies 2, no. 1 (2020): 25–36. http://dx.doi.org/10.51415/ajims.v2i1.830.
Full textAbstract:
The South African government has enacted various employment laws intended to promote the inclusion of persons with disabilities in the workplace. The legislation and policies are not, however, always effectively implemented, resulting in the exclusion of persons with disabilities in the workplace. Within this context, a multidisciplinary study incorporating leadership and the law is conducted to address the rationale behind the non-compliance with disability legislation. In addition, this study examines the role of transformational leadership and its contribution towards effective implementation of disability provisions. This study was conducted in a local government sector of KwaZulu-Natal, South Africa. Data was collected through interviews with senior leaders responsible for implementing disability laws and to develop strategies to include persons with disabilities in the workplace. Employees with disabilities were also interviewed. A thematic analysis was utilised to discuss the data that arose from the interviews. Various themes have been created as a result thereof. This study finds that transformational leadership is an important approach to adopt in order to include and promote the participation of persons with disabilities in the workplace. The study therefore contributes to the development of a transformational leadership model to include persons with disabilities in the workplace.
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Nxumalo, Lindani. "Developing Transformational Leadership Model to Effectively Include Persons with Disabilities in the Workplace." African Journal of Inter/Multidisciplinary Studies 2, no. 1 (2020): 25–36. http://dx.doi.org/10.51415/ajims.v2i1.830.
Full textAbstract:
The South African government has enacted various employment laws intended to promote the inclusion of persons with disabilities in the workplace. The legislation and policies are not, however, always effectively implemented, resulting in the exclusion of persons with disabilities in the workplace. Within this context, a multidisciplinary study incorporating leadership and the law is conducted to address the rationale behind the non-compliance with disability legislation. In addition, this study examines the role of transformational leadership and its contribution towards effective implementation of disability provisions. This study was conducted in a local government sector of KwaZulu-Natal, South Africa. Data was collected through interviews with senior leaders responsible for implementing disability laws and to develop strategies to include persons with disabilities in the workplace. Employees with disabilities were also interviewed. A thematic analysis was utilised to discuss the data that arose from the interviews. Various themes have been created as a result thereof. This study finds that transformational leadership is an important approach to adopt in order to include and promote the participation of persons with disabilities in the workplace. The study therefore contributes to the development of a transformational leadership model to include persons with disabilities in the workplace.
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Mabhaudhi, Tafadzwanashe, Tendai Chibarabada, Vimbayi Chimonyo, et al. "Mainstreaming Underutilized Indigenous and Traditional Crops into Food Systems: A South African Perspective." Sustainability 11, no. 1 (2018): 172. http://dx.doi.org/10.3390/su11010172.
Full textAbstract:
Business as usual or transformative change? While the global agro-industrial food system is credited with increasing food production, availability and accessibility, it is also credited with giving birth to ‘new’ challenges such as malnutrition, biodiversity loss, and environmental degradation. We reviewed the potential of underutilized indigenous and traditional crops to bring about a transformative change to South Africa’s food system. South Africa has a dichotomous food system, characterized by a distinct, dominant agro-industrial, and, alternative, informal food system. This dichotomous food system has inadvertently undermined the development of smallholder producers. While the dominant agro-industrial food system has led to improvements in food supply, it has also resulted in significant trade-offs with agro-biodiversity, dietary diversity, environmental sustainability, and socio-economic stability, especially amongst the rural poor. This challenges South Africa’s ability to deliver on sustainable and healthy food systems under environmental change. The review proposes a transdisciplinary approach to mainstreaming underutilized indigenous and traditional crops into the food system, which offers real opportunities for developing a sustainable and healthy food system, while, at the same time, achieving societal goals such as employment creation, wellbeing, and environmental sustainability. This process can be initiated by researchers translating existing evidence for informing policy-makers. Similarly, policy-makers need to acknowledge the divergence in the existing policies, and bring about policy convergence in pursuit of a food system which includes smallholder famers, and where underutilized indigenous and traditional crops are mainstreamed into the South African food system.