KovsieJournals - University of the Free State (UFS)
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Does urbanisation change the political order in Africa? Reflections on cities, middle-classes and political processes in Kenya
Get PDFMost African countries have seen in the last decades a significant growth of cities. Political systems rely, however, frequently on the networks of societies with a rural majority. This article uses the example of Kenya to illustrate how urbanisation influences political processes. Kenya is particularly suited to discuss this connection because it is a constitutional democracy with formally free elections, a multi-party system and political parties with an ethnic foundation. Parties do not rely on political-ideological programmes but are based, by and large, on mono- or multi-ethnic-regional affiliations. With growing migration into cities, the existing political balance could come under pressure as ethnic-regional affiliations weaken. This article examines if there are indicators for the change of the political order. Are there signs that the urban population stops accepting the distribution of resources and power to the political-economic elite and its rural basis? A crucial role in the ongoing changes play new urban middle-income groups (often called “middle-classes”), who are no longer embedded into regional ethnic networks.
There is an analytical advantage to consider certain types of protest in the context of urbanisation and not only as outcomes of the political and societal sphere. Instead of studying isolated events and movements, this text suggests examining these in a long-term view and in the light of socio-structural change. Moreover, the argument assumes that there is a tension between the growing significance of cities and socio-political structures that build on rural society. Historical background information on Kenya and empirical examples of middle-income strata, protests, and activism demonstrate the impacts of urbanisation´s increased significance for political processes
Strike ballots in present-day South Africa: Examining the intersection between non-compliant trade unions, de-registration, and the Registrar
Get PDFThe amendments introduced by the Labour Relations Amendment Act 8 of 2018 (LRAA) saw what was widely held as the reintroduction of compulsory secret and recorded strike ballots into the South African collective labour relations system. This was until the Labour Appeal Court (LAC) affirmed the status of prestrike ballots, grounded in deference to the constitutional right to strike, and the statutory protections afforded to unions in terms of sec. 67(7) of the Labour Relations Act 66 of 1995 (LRA). This contribution examines the impact of the LAC decision, along with two further judgments that saw the respective consideration of the role to be played by the Registrar of Labour Relations (the Registrar), and the setting aside of the Guidelines on Balloting for Strikes and Lockouts. This assessment is set against the reasons why balloting was initially excluded from the LRA, and what the LRA now provides for in terms of balloting. The aforementioned flows into examining how the Registrar could hold unions to account for repeated non-compliance with the provisions of sec.95 through the de-registration mechanism contained in sec. 106, read with secs. 99 and 100 of the LRA. It is accordingly argued that the Registrar is best placed to act without infringing the right to strike, and to simultaneously uphold both union democracy and the constitutional principles of accountability, transparency, and openness. This is a duty owed to union members by the Registrar. Ultimately, it is concluded that members will benefit from greater protection against violent intimidation that so frequently accompanies industrial action, thereby resulting in improved industrial relations’ stability in South Africa. 
The role and impact of constitutional values of ubuntu, equality, and human dignity in the interpretation and protection of the right to have access to social security in South Africa
Get PDFThis article examines the role and impact of constitutional values of ubuntu, equality, and human dignity in the interpretation and protection of the right to have access to social security entrenched in the Constitution of the Republic of South Africa, 1996. Sec. 27(1)(c) of the Constitution provides a universal social security protection to everyone, including if they are unable to support themselves and their dependants’ appropriate social assistance. Against this background, this article has three objectives. First, it enters the debate on the universal approach that comes with a human right to social security. Secondly, it examines the impact of the constitutional values of human dignity, equality, and ubuntu on the right to have access to social security. Thirdly, it looks at how the South African courts have incorporated and interpreted these values in their drive to protect and enforce the constitutional right to have access to social security. The article concludes by examining South Africa’s compliance with its constitutional obligation in respect of ensuring that everyone has the right to have access to social security
Taxpayer confidentiality versus access to information, freedom of expression, and the public interest in the tax affairs of a state president: Arena Holdings PTY LTD T/A Financial Mail & Another v South African Revenue Service & Others – “A giant leap for
Get PDFIt is trite that taxpayer information is confidential in South Africa, subject to a few narrow exceptions. In the judgments in Arena Holdings Pty Ltd t/a Financial Mail & Another v South African Revenue Service & Others (hereafter, the Arena cases), both the Gauteng Division, Pretoria and Constitutional Court considered the conflict between the taxpayer’s constitutional right to privacy and the media’s constitutional rights of access to information and freedom of expression after the press requested access to the tax records of a former president. In doing so, the courts were faced with many diverse contentions. This article analyses selected issues arising from these arguments in both courts, namely taxpayer confidentiality and the exceptions thereto, access to information and the extension of the public interest override, and the nature of the application and powers of the court in these unique circumstances. The analysis goes beyond the scope of the ratio decidendi of the respective courts and provides obiter comments on practical questions raised in the affidavits and heads of argument filed before both courts. It finds that there is no precise precedent in South African tax law jurisprudence that is directly applicable to this exact scenario and considers the proposed extension of existing legislation
What constitutes “unreasonable delays” in finalising court cases that led to the withholding of members\u27 retirement benefits?
Get PDFThis paper discusses the approaches of both the High Court and the Office of the Pension Funds Adjudicator regarding delays that generally occur in the finalisation of court cases instituted by employers against their employees who are retirement-fund members. Particularly when such employees are alleged to have caused their employers’ economic loss and employers wish to be compensated from their retirement benefits. This paper demonstrates that, while the concept of “unreasonable delay” is relied upon to determine whether retirement funds should release retirement benefits to their members pending the finalisation of employers’ cases against them, both the courts and the adjudicator are yet to develop a workable test that can adequately guide them whendeciding such disputes. This has also exposed retirement funds to continuous litigation regarding decisions that they take, in order to withhold their members’ retirement benefits. This paper argues that there is a need for the judicial development of a test that can guide both the dispute-resolution institutions and boards of retirement funds on how employers’ requests for the withholding of retirement funds’ members’ benefits based on courtcases instituted by employers should be addressed. Particularly, when there are delays in the finalisation of such court cases
Auditing public schools\u27 financial records: A study of financial management from the eyes of relevant stakeholders
Get PDFThe demand for proper financial management in schools is dictated by the South African Schools Act 84 of 1996, Section 43(1), according to which public schools must retain a suitably qualified accountant registered in terms of the Public Accountants and Auditors Act, 1991 (Act No.80 of 1991), to audit the school\u27s financial records and statements. This study investigated the schools\u27 financial management stakeholders\u27 experiences of the auditing of public schools\u27 financial records. A qualitative approach was applied in the study. Semi-structured interviews were used to collect data from three purposefully selected secondary schools in which principals, chairpersons of the finance committees and finance officers were involved. A case study design was applied. Thematic data analysis was used to analyse the collected data. All the participants demonstrated limited knowledge and understanding of the processes and procedures of auditing financial records, including an inability to interpret the audited financial reports. However, the participants revealed the benefits of audited financial reports, such as trust from parents in how school finances are managed. Furthermore, the audited financial reports enable schools to seek and apply for additional funding from businesses and other organisations, and to be allocated funds from the Department of Basic Education (DBE). This study recommends that the Department of Education should provide stakeholders in financial management with adequate support and training in auditing processes and procedures and interpretation of financial auditing reports
Self-Assessment Inclusion Scale (SAIS): a tool for measuring inclusive competence and sensitivity
Get PDFRecent studies highlight the fact that the establishment of an inclusive school is regarded as a requirement for the growth of a pluralistic, democratic society in which each form of diversity is welcomed and valued and the maintenance of social justice is a top priority. The aim of this research was to design and validate the Self-Assessment Inclusion Scale (SAIS) and test it in the population of teachers in Greece and Cyprus. The SAIS scale aims to selfassess the participants’ inclusive competence. Its ultimate goal is to help people to consider their skills, knowledge, and awareness of themselves in their interactions with others. The validation of the SAIS scale took place between October 2022 and February 2023 in 401 teachers in Greece and Cyprus using census sampling. The sample consisted of all school grade school teachers. The results of this study show that SAIS scale is reliable, functional and suitable for use in order to measure the inclusive competence of the participants. Moreover, it emerged that the participants were willing to consider their daily actions and behaviours and had some awareness of their own prejudices and stereotypes. However, there is still a lot to be done in terms of formulating plans to lessen harm and make the environment more inclusive for everyone. The findings imply that the participants were willing to consider their teaching methods and behaviour and that they were aware of some of their own biases and stereotypes. In conclusion, the selfassessment scale used in this study to assess inclusive competence was found to be valid and useful in assessing participants’ cultural awareness, knowledge, behaviours, and attitudes. The research team recommends its use as a tool for maintaining inclusion in community settings, schools and other organisations
The impact of foreign exchange rate on building materials and residential building construction cost in Nigeria (1999-2021)
Get PDFNigeria has a housing deficit of over 17.5 million. Over the years, the government has articulated several policies to encourage investment and development of the housing sector. However, the housing construction sector imports most of the building materials which is affected by the various government directives on foreign exchange policies, with significant impact on the cost of housing production. This study examined the impact of foreign exchange rates on the costs of residential building materials in Ibadan, with a view to proposing policy directives on the local production of building materials in Nigeria. A survey research design was adopted and the retrospective longitudinal approach was employed to obtain data for the study. It was revealed that two types of rates (the fixed exchange rate and the floating exchange rate) the trend of foreign exchange in Nigeria. The prices of building materials indicate an upward price movement and correlations exist between changes in exchange rates and changes in the price of building materials. A unit increase in the foreign exchange rate affects the price of building materials as seen in this study, where the foreign exchange rate positively increased by 1 value, the interbank and the parallel market exchange rates rose by exchange rate values of 0,807 and 0,705, respectively. To reverse the current trend of dependence of prospective house owners on foreign materials for housing production, the use of quality-assured local building materials in housing development should be encouraged
The challenge of poverty in Malawi and Bonhoeffer\u27s soteriology
Get PDFThe article explores the state, causes and effects of poverty in Malawi. It proceeds to investigate soteriology as a prominent theme in Dietrich Bonhoeffer’s theological thought. Then an exploration is made regarding how Bonhoeffer’s notion of salvation could be employed as paradigm to address the challenge of poverty in Malawi. The soteriological perspective is preferred, among many other approaches, on two-fold grounds: the hamartiological origins of poverty require a soteriological exploration and salvation is a prominent theme in Malawi. Approaching the social evils from the perspective of the doctrine of salvation could produce enduring effects. The observation is that such an approach could be more promising and could bear enduring fruits regarding addressing the challenge of poverty in Malawi
Nkunimdie Christology: An Akan contextual expression of the Christus Victor motif of atonement
Get PDFThe Akan community of Ghana has a large Christian following. Nonetheless, many Akan believers still consult traditional priests for protection, wealth, and power. This happens not because these Christians doubt the theological fact that Christ offered an atonement, but because they do not consider the atonement as providing them with adequate protection against evil forces. This situation makes the quest to closely investigate their concept of Christ fairly urgent and useful. To address the issue, there is the need to project Christ’s power over evil forces. One of the models of atonement that is helpful in this regard is the Christus Victor which emphasises the victory that Christ won over Satan and his host through his death on the cross. This research, therefore, aims to give contextually express the Christus Victor motif of Christ’s atonement from an Akan Christian perspective. This research is based on literature involving theological and ethical analyses of, and reflections on the Christus Victor model of atonement and how it can address the Akan Christian need for spiritual protection and economic liberation. The resulting theology is a contextual theology that incorporates the biblical world view, the Akan world view, and the Christus Victor model of atonement. Thus, the article seeks to bring about positive reforms in Akan religio-ethical beliefs and practices, and hence empower Akan Christians not only to discontinue their reliance on traditional powers, but also to have complete trust in Christ’s atonement alone as means of providing them with all their physical and spiritual needs