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1

Skepe, Siphelo. "Evaluation of the applicability of Lewin's force field analysis in the implementation of the Financial Sector Charter at Standard Bank." Thesis, Rhodes University, 2013. http://hdl.handle.net/10962/d1006775.

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According to the Financial Sector (FS) Charter, in August 2002, at the NEDLAC Financial Sector Summit, "the financial sector committed itself to the development of a Black Economic Empowerment (BEE) charter. It made this commitment, noting that: "Despite significant progress since the establishment of a democratic government in 1994, South African society remains characterised by racially based income and social services inequalities. This is not only unjust, but inhibits the country's ability to achieve its full economic potential. BEE is a mechanism aimed at addressing inequalities and mobilising the energies of all South Africans. It will contribute towards sustained economic growth, development and social transformation in South Africa. Inequalities also manifest themselves in the country's financial sector. A positive and proactive response from the sector through the implementation of BEE will further unlock the sector's potential, promote its global competitiveness, and enhance its world class status". Parties of the Financial Sector Charter agreed on the seven pillars below: 1) Human resource management - provide resources to develop skills of black people with the aim of increasing black participation in all levels of management in the sector. 2) Procurement policies - implement a targeted procurement strategy to enhance BEE. 3) Enterprise development - improve the level of support provided to BEE companies in all sectors of the economy. This would be achieved through skills transfer, administration and technical support. 4) Access to financial services - provide affordable financial services to the previously disadvantaged groups and making sure financial services are accessible to these groups. 5) Empowerment financing - work closely with government and government financial institutions to increase resources for empowerment financing. 6) Ownership in the financial sector - 25% of shares in each party of the FS Charter should be owned by black people by 2010. 7) Corporate social investrnent (CSI) - Each financial institution will have to spend 0.5% of their after-tax profit on corporate social investment projects. The projects should be targeted at black groups with a strong focus on transformation. The research evaluates the applicability of Lewin's Force Field Analysis (a change management model) in the implementation of the Financial Sector Charter at Standard Bank of South Africa. It attempts to achieve this by looking at how the Financial Sector Charter is being implemented at Standard Bank. The research looks at three main areas: 1) The "context" of the research problem, by seeking to understand Standard Bank's understanding of the FS Charter, the importance of implementing the FS Charter by the bank, the progress made thus far in the FS Charter implementation and comparison to the BEE scorecards of the other three main bank. 2) The "process", i.e. how the FS Charter is implemented in the bank, the driving and restraining forces of successful implementation of the FS Charter and the lessons learnt. 3) The "outcome" , i.e. benefits of implementing the FS Charter and what could be done to ensure that change management processes are successfully implemented. Personal interviews were used to discover other valuable information which was not available on the bank's published documents, and other related sources such as the Financial Sector Charter document. The sample size for the study was ten Standard Bank employees from different areas of the bank who are either senior managers or directors, in the bank. Internal publications available on the Standard Bank intranet such as the bank's employment equity plans, and the bank's sustainability reports from 2004 to 2011 (Standard Bank, 2004-2011) were analysed for the purpose of the study. The researcher also analysed public documents such as the bank's annual financial reports, bank's equity reports and internal publications on related topics of the research question. Lewin's Forces Field Analysis (FFA) points out that in any environment where change is required; there are both driving and restraining forces that influence the implementation of a change programme. The FFA is a valuable change management tool at trying to transform the behaviour of an individual, and this will lead to transformation of groups and, ultimately the organisation. It also helps to establish the balance between the driving and restraining forces of the change programme. Lewin's (1951) theory put forward the idea that change occurs in three stages: the first stage of change is unfreezing; the second stage is moving and lastly, the third stage is refreezing. In the unfreezing stage, the bank's change management initiatives would need to be directed at giving the individuals a desire and motivation to be ready and open about a planned change initiative. This could be achieved by clearly communicating why change is important, benefits of change and the compelling reasons for change. In moving, the bank would need to give support and confidence to the people affected by change in order to start accepting and buying-in to new perspectives, which enable them to realise that change will improve the current situation. In the refreezing stage, the bank would need to ensure that new patterns of behaviour are reinforced. This will ensure that the changes are applied in everyday business, and this helps create a sense of stability, where those affected by change feel comfortable and confident with the new approach of doing things. The research concludes that managers should recognise the sensitivity around transformation, and should always try to ensure that change management initiatives directed at transformation are unifying, fair and transparent. This should be done to avoid a situation where an employee (or prospective employees) and other stakeholders feel under-appreciated or overlooked because of their gender or race. This demands a carefully crafted and implemented change management programme, whose results will not only unify the bank's employees, but also create a competitive edge for the bank. Lewin's Force Field Analysis (FFA) model is a change management tool that could be used to produce such results.
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Zingwe, Tawanda. "The relationship between emotional stability, stress and work family conflict, among Standard Bank female employees in the Border region." Thesis, University of Fort Hare, 2012. http://hdl.handle.net/10353/d1007133.

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The aim of this study was to investigate the relationship that exists between emotional stability, stress and work-family conflict among Standard Bank female employees. For this purpose data was collected from the female employees of Standard Banks in Alice, Fort Beaufort, King Williams and East London Town’s in the Eastern Cape. A sample of 72 female bank employees was drawn from the population. Neuroticism is the opposite of emotional stability and it was mostly often used in place of emotional stability in the study. Results of the study indicated that all study variables are significantly positively correlated with one another. The findings of this study is helpful in the banking industry in order to design human resources policies which will reduce the work-family conflict and decrease stress for female bank employees and for future research in respective topics. The implications of this study are discussed along with recommendations for future research and professional managerial practice.
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3

Arthur, Michael Dry. "Think differently : South Africa theatre of/in transition and the Standard Bank National Arts Festival 1992-1996 /." Digital version accessible at:, 1999. http://wwwlib.umi.com/cr/utexas/main.

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4

Silva, Jane Susan. "The growth, development and impact of the Grahamstown Festival of the Arts with special reference to music." Thesis, Rhodes University, 1998. http://hdl.handle.net/10962/d1002322.

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The Grahamstown Festival has become a huge and complex annual celebration of the arts, transforming the small Eastern Cape city for ten days every year. However this event had very modest beginnings, as did music and festivals in the city of Grahamstown. From its early days Grahamstown showed strong signs of becoming an important cultural centre, presenting numerous musical concerts from 1812, the festival tradition in the city beginning in 1887. The modern arts festival, initiated in 1971, had a chequered history during the early and mid 1970's, weathering economic recession, petrol restrictions and a repressive and restrictive political atmosphere. However by 1979 the event had become established and popular enough to ensure continued success during the 1980's. The period 1980-89 was one of great growth and development for the festival regarding attendance, and the number and nature of productions presented. Music had always been an integral part of the festival, and for the first time its role in this artistic celebration is being examined. The impact of such an event is varied and far-reaching, and thus difficult to assess, but the thesis ends with an attempt to gauge the Festival's impact.
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5

Bleske, Adrian. "The antecedents of customer satisfaction in a financial institution : a qualitative study." Thesis, Rhodes University, 2008. http://hdl.handle.net/10962/d1015482.

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The following is a case study report on the Cape Town business unit of Standard Bank Properties. The research project falls within the ambit of services marketing which introduces several unique management challenges for service businesses that sell services as a core offering. The principal aim of the case study is to gain an understanding of why customers bank at the business unit and to discover what aspects are critical to customer satisfaction. A further goal of the research is to examine how the business unit could improve customer satisfaction and to highlight any impediments to further improving customer satisfaction at the business unit. It is generally regarded that quality customer service is essential to building customer relationships and hence the research project emphasis on services marketing and customer satisfaction within a financial services context. The paper commences with an overview of the South African Banking Sector and its unique challenges such as the Financial Service Charter and newly introduced legislation such as Financial Intelligence Centre Act. The case study will specifically investigate the property finance industry and a detailed analysis of the business unit's operations and process flow will also be undertaken. The reason for this background information is to assist the reader to understand how the business unit operates. The research project will investigate four unique differences between goods marketing and services marketing whereafter three theoretical propositions are introduced, namely the dyadic interaction and service encounter, the Service Profit Chain and finally Relationship Marketing. Evidence in the form of a narrative will be led from insights obtained from interviews conducted with customers and staff at the business unit against these propositions with support (or otherwise) from independent surveys and documents from the business unit. The result of this analysis is the identification of several areas of concern specifically: New employees and the service encounter, Problems with FICA, Lack of a customer complaint handling system, Empowerment issues, Turnaround times, Reliance on key staff These insights together with the evidence from the literature review will be analysed and several recommendations made to improve customer service and ultimately customer satisfaction at the business unit. Several recommendations for further research are offered as well as the identification of limitations including but not limited to the specificity of the case study report.
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6

Bragge, Brent Reuben. "Economic impact studies and methodological bias : the case of the National Arts Festival in South Africa." Thesis, Rhodes University, 2011. http://hdl.handle.net/10962/d1002702.

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Over the course of the last three decades, it has become popular practice to evaluate tourism events like cultural festivals in financial terms, through the use of economic impact studies. This can be attributed at least in part to the notable growth in the number of festivals being held globally and, as such, a higher level of competition between festivals for the limited funding which is available. Economic impact studies, and the resultant findings, have thus become powerful tools for the lobbying of sponsorship, and it has become increasingly important that the impact calculations be as accurate as possible, so as to effectively allocate both government and private resources to projects which will be of the greatest benefit to the host region. The allocation of funding is especially vital in an area like the Eastern Cape Province of South Africa, which is faced with many financial difficulties. The allocation of public funds to an event like the National Arts Festival, which is hosted in a relatively wealthy part of the province, might be weighed against initiatives which directly benefit the poorer parts of the region. Although it is acknowledged that the benefits which are felt by the host community of a cultural event go beyond that of the financial, it is often on this basis that festivals are most easily compared. The primary goal of the thesis was to analyse the various forms of methodological bias which can exist in the economic impact analyses (EIA) associated with cultural events. Theoretical considerations were discussed, specifically regarding economic impact as a method of measuring value. Various forms of bias (including data collection, the calculation of visitor numbers, multipliers, defining the area of interest, inclusion of visitor spending, and accounting for benefits only, not costs) are put into a real-life context, through the investigation of economic impact studies conducted on three selected South African festivals (the Volksblad, the Klein Karoo Nasionale Kunstfees, and the National Arts Festival), and one international festival (the Edinburgh Festival). An in-depth comparison of two separate studies conducted at the National Arts Festival (NAF) in 2004 (by Antrobus and Snowball) and 2005 (by Saayman et al.) was made, focussing on the manner in which the economic impact was calculated. Having considered the common forms of bias, and assessing several possible reasons for the difference of approximately twenty million Rand in the advertised economic impacts, it was concluded that, most likely, the miscalculation of visitor numbers was the cause. This was confirmed when the Antrobus and Saayman methods were applied to the 2006 NAF data, and noting that the economic impact figures arrived at were strikingly similar. As such, it is advisable that extreme caution be taken when calculating visitor numbers, as they can significantly influence the outcome of an economic impact study. It is recommended that each study should also have transparent checks in place, regarding the key calculation figures, to ensure that less scrupulous researchers are not as easily able to succumb to the pressure event sponsors might impose to produce inflated impact values.
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7

Oduro-Kwateng, George. "The evaluation of environmental reporting by publicly listed South African banks." Thesis, Rhodes University, 2010. http://hdl.handle.net/10962/d1003860.

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Recently, bankers have come to realise that banking operations, especially corporate lending, affect and are affected by the natural environment and that consequently, the banks might have an important role to play in helping to raise environmental standards. Although the environment presents significant risks to banks, in particular environmental credit risk, it also perhaps presents profitable opportunities. Stricter environmental regulations have forced companies to invest in environmentally friendly technologies and pollution control measures and in tum generated lending opportunities for bankers. This research examines the corporate practices of three of the four dominant banks in South Africa with respect to the environment, focusing on issues of climate change and environmental risk management by way of reporting and disclosure to all stakeholders. The emphasis on environmental reporting by South African banks has been reinforced by the latest release of the King III Report on Corporate Governance in South Africa. Global governance requires that the triple-bottom line should be applied in all corporate undertakings due to globalisation and trade liberalisation; however, the banking sector has responded poorly to the clarion call. The false view that the banks have no significant relationship with environmental degradation is being disproved. Environmental management is a huge and massive reconstruction of what has gone wrong with nature by human influence. The South African banks have had to face with the challenging tasks of reporting on the direct and mostly the indirect impacts of their environmental activities. Based on the three sampled banks which incidentally had greater percentages of the market capitalizations, the banks have fairly performed in environmental reporting. For example, Standard Bank (SA) Ltd has just signed the Equator Principles in 2007 implying corporate lending was done in 2007 without any respect to environmental impact assessments by corporate borrowers. Consequently, environmental reporting was not done to facilitate informed decision-making by stakeholders mostly shareholders and the communities where borrowers tun businesses. The objective of this research study is to investigate the extent and quantity of/voluntary environmental disclosures in the annual and sustainability reports of the banks listed on Johannesburg Stock Exchange. The periods examined were those subsequent to the release of the Exposure Draft Coalition for Environmentally Responsible Economies (CERES) Global Reporting Initiatives (GRI) issued in 1999. Using content analysis to focus on the environmental aspects, the research study compared three annual reports and three sustainability reports of 2007 year for the three sampled banks in order to evaluate reporting practices in the period surrounding this intervention. The results suggest a trend to triple bottom-line reporting and the extent and quantity of environmental information, albeit in specific categories.
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8

Snowball, Jen. "The economic valuation of cultural events in developing countries: combining market and non-market valuation techniques at the South African National Arts Festival." Thesis, Rhodes University, 2006. http://hdl.handle.net/10962/d1002703.

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The arts in many countries, but particularly in developing ones, are coming under increasing financial pressure and finding it difficult to justify the increases in government funding needed to maintain and grow the cultural sector. The trend in cultural economics, as well as in other areas, appears to be towards including qualitative valuations, as well as the more traditional quantitative ones. This thesis argues that the value of cultural events should include long term historical qualitative analysis, financial or economic impact and a valuation of the positive externalities provided by cultural events and that any one of these should only be regarded as a partial analysis. Four methods of valuing the arts using the South African National Arts Festival (NAF) as an example are demonstrated. Firstly, a qualitative historical analysis of the role of the NAF in South Africa’s transformation process from Apartheid to the democratic New South Africa is examined, using theories of cultural capital as a theoretical basis. It is argued that the value of cultural events needs to take into account long-term influences especially in countries undergoing political and social transformation. The second valuation method applied is the traditional economic impact study. Four economic impact studies conducted on the NAF are discussed and methodologies compared. It is concluded that, despite the skepticism of many cultural economists, the method can provide a useful partial valuation and may also be used for effective lobbying for government support of the arts. Chapter four discusses willingness to pay studies conducted at the NAF in 2000 and 2003 (as well as a pilot study conducted at the Klein Karoo Nationale Kunstefees). It is found that lower income and education groups do benefit from the positive externalities provided by the Festival and that this is reflected in their willingness to pay to support it. It is also argued that such contingent valuation studies can provide a reasonably reliable valuation of Festival externalities, but that they may be partly capturing current or future expected financial gains as well. Finally, the relatively new choice experiment methodology (also called conjoint analysis) is demonstrated on visitors to the NAF. The great advantage of this method in valuing cultural events is that it provides part-worths of various Festival attributes for different demographic groups. This enables organizes to structure the programme in such a way as to attract previously excluded groups and to conduct a cost-benefit analysis for each part of the Festival.
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9

Antrobus, Richard Roy. "The advent of the 'Festivore' an exploration of South African audience attendance in the performing arts at the National Arts Festival." Thesis, Rhodes University, 2010. http://hdl.handle.net/10962/d1002362.

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In South Africa, the performing arts have contributed to enhancing national identity and distinctiveness despite coming up against weak legislation, policy and infrastructure to support their growth and proliferation (Fredericks, 2005: 9). Coupled with a decline in both government and consumer support and the contradictory disparity between valuing the arts and the funding of the arts, theatre companies can no longer rely on the comfort of external subsidies and financial support. In order to be economically viable and sustainable to ensure their survival, there is an increasing demand for theatre companies to look to novel ways of increasing audience demand for theatre and improving audience attendance. However, instead of risking artistic integrity and the performance product to satisfy the market, this research suggests that promotion and development of theatre at arts festivals provides a platform to access a wider theatre-going public, which therefore facilitates a change in the market focus toward appreciation of the product (production). It explores leading arguments pertaining to the attendance of arts and cultural events, namely, Peterson and Simkus (1992), later updated by Peterson‟s (2005)„omnivore-univore‟ argument. The argument purports cultural consumption as binary in nature: either significant and diverse or limited, if not absent altogether. Supported by a number of case-studies, including Chan and Goldthorpe (2005) and Montgomery and Robinson (2008) and Snowball et al. (2009), the investigation challenges Bourdieu‟s (1984) theory on cultural distinction as well as the homology and individualisation argument. In determining the factors that influence cultural taste and consumer behaviour, including motivators and inhibitors of attendance and a predominant emphasis on audience risk and information asymmetry, the research was placed in a local context, providing an overview of the socio-economic theatre environment in South Africa. It investigated the nature, structure and impact of local festivals (as events) in changing audience demand and theatre attendance. With specific reference to the South African National Arts Festival (NAF) the research notes the effects of Hauptfleisch‟s „eventification‟ phenomenon on univore attenders and therefore expands the omnivore-univore theory to include a new breed of attender: the “Festivore”. A case study explored the “Festivore” hypothesis through empirical research, surveys and face-to-face qualitative interviews and on-seat questionnaire responses by festival attenders. Personal interviews and communication was also carried out with leading experts in the field. The data was then analysed using SPSS 13 electronic statistical analysis programme to determine the socio-demographics and the factors that affect theatre attendance of existing, as well as potential target, theatre audiences at the National Arts Festival The study concluded that South African theatre attenders are generally omnivorous consumers and that, more importantly, there seems to be a shift towards „festivorous‟ consumption. Furthermore, evidence supports the development and proliferation of festivals as a means not only to support and promote the arts in South Africa but, more importantly, to generate new theatre audiences and entrench theatre attendance into South African culture.
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10

Snowball, Jen. "Towards more accurate measurement of the value of the arts to society: economic impact and willingness to pay studies at the Standard Bank National Arts Festival." Thesis, Rhodes University, 2001. http://hdl.handle.net/10962/d1002672.

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The accurate measurement of the value of the arts to society is becoming increasingly important in developing countries, like South Africa, where the arts must compete with housing, health, education and the like for public funds. Motivation for the public funding of arts events, like the Standard Bank National Arts Festival in Grahamstown, is usually based on the economic impact, that is, the financial benefits to the region, of such events. The argument is problematic, however, because the primary recipients of such economic benefits are often middle to upper income groups who also attend more arts performances. Furthermore, the studies have not taken into account the positive externalities which, it is argued, are generated by the arts and are enjoyed by attenders and non attenders alike. This thesis argues that it is the social benefits which the arts provide, those external to the market, which should be the basis of public funding. In order to quantify these positive externalities, a willingness to pay (WTP) study was conducted in the Grahamstown region. It is generally, but erroneously, believed that the Festival does not benefit the poorer, largely black, Grahamstown East residents. The study found that, in addition to the economic value (R23 - 25 million a year), the non-market benefits which the festival provides are worth between R2.3 and R3 million a year and form a very important part of its value, particularly to low income groups. The study also found that there are methodological adjustments which can be made to WTP studies to successfully control for the many forms of bias it is prone to. By using a combination of closed and open ended and liable and non-liable questions, the motivation of respondents' answers to WTP questions was determined, making it possible to adjust for bias caused by, for example, "free rider" and "warm glow" responses. It is argued that by identifying and excluding such responses from WTP surveys, it is possible to reduce bias to an acceptable level.
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11

Reeve, Zoë Rose Louise Patricia. "Staged authenticities an exploration of the representations of AmaXhosa culture within the main programme of the National Arts Festival, 2009." Thesis, Rhodes University, 2011. http://hdl.handle.net/10962/d1002378.

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This thesis investigates the presentation of AmaXhosa traditional dancing and music on the stages of the National Arts Festival (NAF), Main Programme, of South Africa in 2009. Four productions featuring AmaXhosa traditional dancing and music, as well as a fine art exhibition, are analysed to determine how the AmaXhosa culture is being portrayed, what is considered authentic and how these productions may affect the memory of the AmaXhosa nation. In an attempt to understand the position of these productions within the NAF the South African cultural context as well as the NAF is examined. The post-apartheid, post-rainbow nation, South African cultural context is discussed and how the NAF could contribute towards creating a more unified South African identity. Incorporated and inscribed memory categories are related to how one could determine authenticity in traditional indigenous productions. A cautionary note on incorporated memory is linked to efficacy, while a loss of incorporated memory within the AmaXhosa society may result in ritual acts being orientated towards entertainment. If the private culture is consistently displayed in the public realm then it is inevitable that the ways in which the AmaXhosa recollect their history will be altered. The contribution of the transitional spaces of theatres and proscenium arch stages to the choreography and incorporated memory of the performers relates to the collective recollection of the AmaXhosa. Bearing this in mind, this thesis suggests that the NAF is playing a dual role in the evolution of the AmaXhosa. It is both positively contributing to the economic upliftment of a sector of the population and exposing people to this rich and multilayered culture. However, it is also impacting the efficacy of the private culture and fracturing the traditional knowledge of the AmaXhosa by assisting in the inscription of their performance forms.
This thesis consists of three parts (1 pdf document and two video mp4 files)
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12

Mohlala, Joy Gloria Hlengiwe. "Employee retention within Standard Bank Group IT." Thesis, 2011. http://hdl.handle.net/10210/3841.

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MBA
The Information Technology (IT) industry is currently faced with a shrinking pool of IT professionals as a result of the increasing demand for these professionals. One of the major contributors to the increasing demand is the rapidly advancing technological markets, which have resulted in a widened gap between the availability and demand of IT professionals. The increasing demand for skilled IT professionals has resulted in the war for talent as organisations fight to attract and retain individuals who possess the types of skills that are scarce. The war for talent is pressurising organisations to start devising strategies for attracting and retaining targeted employees. Standard Bank South Africa Group IT (SBSA GIT) has also been affected by the war for talent. This study was conducted in order to understand some of the challenges facing the SBSA GIT leadership regarding employee retention. This study was conducted using the interpretive, case-study research design which was conducted through interviews held with the SBSA GIT leadership. The sample of interviewees comprised of four directors and thirteen senior managers. The interviews also revealed that SBSA GIT is affected by the shrinking pool of IT professionals. The interviewees indicated that there is a shortage of the skills set for which the leadership team is looking in the industry. The research findings indicate that high employee turnover is the main contributor of the skills shortages in the SBSA GIT department. The interviewees stated that the non-existence of a proper retention strategy for SBSA GIT has made it difficult for them to identify the type of skills that are critical to the organisation and which must be retained. The absence of this strategy has made it difficult for the department to come up with the standardised way of retaining employees. As a result, there is no consistency as to what managers do in their individual units. The issue of salaries was also raised as contributing factor to high turnover of employees. The interviewees stated that employees who have been with the organisation for a long time are not paid market related salaries, and end up leaving the organisation. This iv study also identifies some initiatives that can be implemented by SBSA GIT to reduce employee turnover. The recommendations provided in this study are the proposed solutions as to how the defined objectives can be realised. These recommendations include implementing the talent management process, creating dialogue with the employees, designing the employee value propositions that will be specific to SBSA GIT, and identifying the methodology that will be implemented by SBSA to implement the employee retention strategy.
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13

Nel, Johannes Petrus. "Employee engagement using social exchange theory within Standard Bank." 2014. http://encore.tut.ac.za/iii/cpro/DigitalItemViewPage.external?sp=1001552.

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M. Tech. Business Administration
Within the procurement department in Standard Bank a low level of employee engagement is experienced. The aim of this research study is to better understand where to enhance engagement through the application of the social exchange theory model from Saks (2006)
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14

Snowball, Jeanette Dalziel. "The economic valuation of cultural events in developing countries : combining market and non-market valuation techniques at the South African National Arts Festival /." 2005. http://eprints.ru.ac.za/896/.

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15

Van, Jaarsveld Izelde Louise. "Aspects of money laundering in South African law." Thesis, 2011. http://hdl.handle.net/10500/5091.

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Money laundering involves activities which are aimed at concealing benefits that were acquired through criminal means for the purpose of making them appear legitimately acquired. Money laundering promotes criminal activities in South Africa because it allows criminals to keep the benefits that they acquired through their criminal activities. It takes place through a variety of schemes which include the use of banks. In this sense money laundering control is based on the premise that banks must be protected from providing criminals with the means to launder the benefits of their criminal activities. The Financial Intelligence Centre Act 38 of 2001 (‘FICA’) in aggregate with the Prevention of Organised Crime Act 121 of 1998 (‘POCA’) form the backbone of South Africa’s anti-money laundering regime. Like its international counterparts FICA imposes onerous duties on banks seeing that they are most often used by criminals as conduits to launder the benefits of crime. In turn, POCA criminalises activities in relation to the benefits of crime and delineates civil proceedings aimed at forfeiting the benefits of crime to the state. This study identifies the idiosyncrasies of the South African anti-money laundering regime and forwards recommendations aimed at improving its structure. To this end nine issues in relation to money laundering control and banks are investigated. The investigation fundamentally reveals that money laundering control holds unforeseen consequences for banks. In particular, a bank that receives the benefits of crimes such as fraud or theft faces prosecution if it fails to heed FICA’s money laundering control duties, for example, the filing of a suspicious transaction report. However, if the bank files a suspicious transaction report, it may be sued in civil court by the customer for breach of contract. In addition, if the bank parted with the benefits of fraud or theft whilst suspecting that the account holder may not be entitled to payment thereof, it may be sued by the victim of fraud or theft who seeks to recover loss suffered at the hand of the fraudster or thief from the bank. Ultimately, this study illustrates that amendment of some of the provisions of South Africa’s anti-money laundering legislation should enable banks to manage the aforementioned and other unforeseen consequences of money laundering control whilst at the same time contribute to the South African anti-money laundering effort.
Criminal and Procedural Law
Mercantile Law
LL.D.
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