16 research outputs found
The application of the single economic entity doctrine to combat cartels in South Africa: lessons from Germany
No full textA research report submitted in partial fulfillment of the requirements for the degree of Master of Laws by Coursework and Research Report at the University of the Witwatersrand, Johannesburg, 2023The relationship between holding companies and their subsidiary companies is determined principally by the degree to which holding companies can exercise control over their subsidiary companies. The Companies Act regulates this relationship by assessing the control that holding companies exercise over subsidiary companies. The way these companies conduct their business can attract issues relating to competition which may attract the application of the Competition Act 89 of 1998. The anticompetitive behaviour of subsidiary companies has sparked controversy relating to whether holding companies should be held liable for their conduct. This research report discusses the Single Economic Entity Doctrine which deals with the attribution of liability of the conduct of a subsidiary company to a holding company. In particular, it assesses whether given the control that holding companies exercise over their subsidiary companies, they can be held liable for cartel infringements under section 4(1) of the Competition Act using the Single Economic Entity Doctrine. Drawing on the experiences of the European Union and Bundeskartellamt in Germany, this report argues that there is a need to expressly introduce and apply the Single Economic Entity Doctrine in South Africa with a view to allow the Competition Commission to hold holding companies liable for the cartel conduct of their subsidiaries which often cease to operate when cartel related charges are brought against themMM202
Determining stillbirth data reporting systems in Africa
No full textBackground Stillbirths are an important public health concern, with an estimated 1.9 million stillbirths occurring globally each year, more between 2020-2021 data. However, the recording, investigation, and classification of stillbirths vary across countries, leading to inconsistencies in data collection and analysis. This study aimed to assess the current data systems and practices regarding stillbirth recording, data collection, analysis, and utilization in African countries. Study design The study used a descriptive research design with a quantitative approach, involving the surveillance of national data systems and other existing systems in African countries. Method The study was undertaken in African countries by University of Cape Town in collaboration with the Africa Centres for Disease Control and UNICEF. The study involved a survey of the national data systems recording stillbirths in the African countries and other reporting systems that countries use. Results A survey of 55 African countries (34 respondents) revealed critical insights into stillbirth reporting and data management. Among responding countries, 76% defined stillbirth using a gestational age threshold of ≥28 weeks, while 48% used a birth weight criterion of ≥1000 grams. Significant policy gaps were identified: 47% lacked mandates for stillbirth classification, and only 57% integrated stillbirth targets into national health strategies. Despite 88% of countries routinely collecting stillbirth data, methods varied (paper-based vs. digital), and 54% reported no data quality assessments in the past decade. Classification systems for causes of death varied, with ICD-PM and ICD-10 each used by 35% of countries. Nurses/midwives were primarily responsible for data entry (73%), yet challenges persisted, including inadequate health worker capacity (53%) and poor infrastructure (42%). Only 42% of countries disseminated stillbirth reports publicly, often relying on aggregated tables rather than interactive formats. Regional disparities underscored systemic issues in healthcare access, data standardization, and governance, emphasizing the urgent need for policy harmonization and strengthened health information systems. Conclusion The persistent inconsistencies in the recording, investigation, and classification of stillbirths and perinatal deaths across African countries-evident in different gestational age (20-28 weeks) and birth weight thresholds (<500g to <1000g), ambiguous civil registration laws (82% of countries), and fragmented national policies (only 27% with stillbirth-specific targets) highlight an urgent need for standardised definitions and consistent legal frameworks. These gaps perpetuate unreliable data, obstructing targeted interventions and accountability mechanisms. To address this, governments must adopt WHO-aligned criteria, integrate stillbirth reduction into national health strategies, and strengthen cross-sector collaboration for robust civil registration systems. Prioritizing these steps, alongside research into context-specific barriers (e.g., stigma, resource limitations), will not only improve data accuracy but also catalyse actionable insights to reduce preventable stillbirths and advance maternal and newborn health outcomes globally
Exploring curriculum responsiveness for public administration graduate employability: a case of the University of KwaZulu-Natal.
No full textMasters Degree. University of KwaZulu-Natal, Durban.This study sought to gain an in-depth understanding of the public administration curriculum
and how it is responding to the needs of both the students and employers. The study further
establishes the extent to which graduates produced at the University of KwaZulu-Natal
(UKZN) in the Discipline of Public Governance, are skilled enough and meet the requirements
of the employer. Data from several studies reveal that a university that fails to produce qualified
graduates does not offer its graduates the opportunity to compete with the outside world which
then leads to a high unemployment rate. The literature review revealed that graduates need to
possess qualities that assist them to take adaptive, proactive approaches to their careers, which
involves managing their employability. Developing graduates’ attributes through effective
communication between UKZN, School of Public Governance, and the employer requires
commitment and support from management for the process to become successful.
A mixed-method approach was employed to collect, analyse, and interpret the qualitative and
quantitative data, which included the administration of questionnaires to UKZN academic
staff, and to students/graduates at all study levels at the UKZN particularly those who are
enrolled in the Public Administration course at the School of Management, Information
Technology and Governance. The study conducted seven online in-depth interviews, and one
online focus group discussion involving first-year students and undertook an online survey
involving fifty-seven students from the Public Administration discipline. Parametric
inferential analysis was used to provide a detailed understanding of the study population
through the study sample, it helped generalise the results. The findings reveal that the
discipline of Public Administration curriculum is in line with the Employability Model. It
further reveals that there are challenges that compromise the skills development of
students/graduates. Findings also revealed that there is space for improvement in all
challenges that were posed during the study. The study further recommends that the input of
public sector employers will make the Public Administration curriculum more effective. The
study also recommends that the allocation of sufficient resources is necessary to achieve the
skills development of students/graduates in the Public Administration discipline
Competition regulation for digital markets: The South African experience
No full textThe study examines the recent experiences of South Africa’s competition authorities in engaging with competition matters in the country’s digital markets. Specifically, the authors examine engagements by the Competition Commission South Africa (CCSA), the Competition Tribunal of South Africa, and the Competition Appeal Court (CAC) with three regulatory elements: (1) mergers, examined through the MIH and WeBuyCars and Google and Fitbit cases; (2) abuse of dominance, examined through the GovChat v Facebook case; and (3) cartel conduct, examined through the Competition Commission v Bank of America Merrill Lynch International Limited & Others case. In reviewing the decisions made in these cases, the authors highlight regulatory considerations that are coming to the fore in response to competition matters in digital markets
The media and Africa's on-going quest for a true humanity: a Bikoian approach
No full textUpon their arrival on the African continent, among their first acts of denuding and attenuating Africans, European colonialists targeted African culture as their casualty in order to kill Africans’ self-consciousness. European culture was made a point of reference and African culture was regarded as something negative and primitive, resulting in Africans despising themselves and worshipping everything European. Aiding European imperialism in denigrating the African image and personality was the European-owned media. In reaction to the imperialists’ project, the Black Consciousness Movement martyr, Bantu Steve Biko advanced the view that in order to liberate Africans, self-consciousness and self-esteem had to be restored to Africans. In his view this had to be done through the act of African cultural reclamation. In this article the author interrogates the concept of African cultural reclamation and the role the media can play in order to fulfil Africa’s quest for a true humanity as envisaged by Biko.Publisher's versio
Authorship in copyright law: a critique in the context of the fourth industrial revolution
No full textDissertation(LL.M.(Mercantile Law))--University of the Free State, 2023This dissertation critically examines the demands for an amendment of the South African Copyright Act 98 of 1978 to bring it in line with modern times. It investigates authorship in copyright law from the perspective of the Fourth Industrial Revolution. This dissertation focuses specifically on artificial intelligence (AI) and its ability to generate copyrightable works under the Act. The growing use of AI technology inversely leads to the growing production of works generated by AI. These mechanically produced works share the same traits as those that, according to South African law, are entitled to copyright protection. As a result, there is currently uncertainty over who the author of such works is, because AI machines do not qualify as authors under the South African Copyright Act.
This dissertation examines the definition of an author in the existing Copyright Act, as well as the requirements for authorship and copyright protection, in order to determine if this section of the Act needs to be amended to reflect the Fourth Industrial Revolution.
To accomplish this, the dissertation investigates prominent South African intellectual property law textbooks as well as international sources that have conducted extensive research on the subject. The dissertation reveals the excessive use of artificial intelligence machinery and its products in the country and around the world. It demonstrates the growing need for legislation to govern such machinery in the country, as well as rules to regulate the usage of such technology and the copyrightable works it produces.
The dissertation studies the nature of copyright in a work made by AI equipment nationwide and internationally, as well as how these machines will affect different areas in the country. An analysis of the requirements for copyright is provided, and it is argued that the present requirements for copyright cater to works generated by artificial intelligence even though these machines do not qualify as authors under the Act. Furthermore, the dissertation demonstrates how a lack of regulations in this regard will have a negative impact on specific areas, such as the country's education system. It indicates that South African legislation has not advanced sufficiently in comparison to other countries.
The dissertation finds that the current Copyright Act is outdated and needs to be amended to account for AI generated works as well as AI authorship. Furthermore, legislation to oversee AI technology in the country should also be considered
The Media and Africa's on-going quest for a true humanity : a Bikoian approach
No full textCITATION: Sesanti, S. 2012. The Media and Africa's on-going quest for a true humanity : a Bikoian approach. Communitas, 17, doi:10.38140/com.v17i0.984.The original publication is available at https://journals.ufs.ac.zaUpon their arrival on the African continent, among their first acts of denuding and attenuating Africans, European colonialists targeted African culture as their casualty in order to kill Africans’ self-consciousness. European culture was made a point of reference and African culture was regarded as something negative and primitive, resulting in Africans despising themselves and worshipping everything European. Aiding European imperialism in denigrating the African image and personality was the European-owned media. In reaction to the imperialists’ project, the Black Consciousness Movement martyr, Bantu Steve Biko advanced the view that in order to liberate Africans, self-consciousness and self-esteem had to be restored to Africans. In his view this had to be done through the act of African cultural reclamation. In this article the author interrogates the concept of African cultural reclamation and the role the media can play in order to fulfil Africa’s quest for a true humanity as envisaged by Biko.https://journals.ufs.ac.za/index.php/com/article/view/984Publisher's versio
Publisher Correction: Computer-aided interpretation of chest radiography reveals the spectrum of tuberculosis in rural South Africa.
No full textThe original version of this Article contained errors in the affiliations of members of the Vukuzazi Team. Anand Ramnanan, Anele Mkhwanazi, Antony Rapulana, Anupa Singh, Ashentha Govender, Ayanda Zungu, Bongani Magwaza, Bongumenzi Ndlovu, Clive Mavimbela, Costa Criticos, Day Munatsi, Dilip Kalyan, Doctar Mlambo, Fezeka Mfeka, Freddy Mabetlela, Gregory Ording-Jespersen, Hannah Keal, Hlengiwe Dlamini, Hlengiwe Khathi, Hlobisile Chonco, Hlobisile Gumede, Hlolisile Khumalo, Hloniphile Ngubane, Hollis Shen, Innocentia Mpofana, Jaco Dreyer, Jade Cousins, Kandaseelan Chetty, Kayleen Brien, Khadija Khan, Khanyisani Buthelezi, Kimeshree Perumal, Kobus Herbst, Lindani Mthembu, Logan Pillay, Mandisi Dlamini, Mandlakayise Zikhali, Mbali Mbuyisa, Mbuti Mofokeng, Melusi Sibiya, Mlungisi Dube, Mpumelelo Steto, Mzamo Buthelezi, Nagavelli Padayachi, Nceba Gqaleni, Ngcebo Mhlongo, Nokukhanya Ntshakala, Nomathamsanqa Majozi, Nombuyiselo Zondi, Nomfundo Luthuli, Nomfundo Ngema, Nompilo Buthelezi, Nonceba Mfeka, Nondumiso Khuluse, Nondumiso Mabaso, Nondumiso Zitha, Nonhlanhla Mfekayi, Nonhlanhla Mzimela, Nozipho Mbonambi, Ntombiyenhlanhla Mkhwanazi, Ntombiyenkosi Ntombela, Pamela Ramkalawon, Phakamani Mkhwanazi, Philippa Mathews, Phumelele Mthethwa, Phumla Ngcobo, Raynold Zondo, Rochelle Singh, Rose Myeni, Sanah Bucibo, Sandile Mthembu, Sashin Harilall, Senamile Makhari, Seneme Mchunu, Senzeni Mkhwanazi, Sibahle Gumbi, Siboniso Nene, Sibusiso Mhlongo, Sibusiso Mkhwanazi, Sibusiso Nsibande, Simphiwe Ntshangase, Siphephelo Dlamini, Sithembile Ngcobo, Siyabonga Nsibande, Siyabonga Nxumalo, Sizwe Ndlela, Skhumbuzo Mthombeni, Smangaliso Zulu, Sphiwe Clement Mthembu, Sphiwe Ntuli, Talente Ntimbane, Thabile Zondi, Thandeka Khoza, Thengokwakhe Nkosi, Thokozani Bhengu, Thokozani Simelane, Tshwaraganang Modise, Tumi Madolo, Welcome Petros Mthembu, Xolani Mkhize, Zamashandu Mbatha, Zinhle Buthelezi, Zinhle Mthembu and Zizile Sikhosana were incorrectly associated with “Digital Health & Machine Learning, Hasso Plattner Institute for Digital Engineering, Berlin, Germany” and the affiliation “Africa Health Research Institute, KwaZulu-Natal, South Africa” was inadvertently omitted. This has now been corrected in both the PDF and HTML versions of the Article
Analysis of the convention on the marking of plastic explosives for the purpose of detection
No full textThe thrust of this research lies in Chapter II in which the study using, inter alia, travaux preparatoires attempts to give an analytical and critical review and interpretation of the provisions of the Convention on the Marking of Explosives for the purpose of Detection of 1991. Analysing the provisions of the Convention, the study tries to preserve and reflect the atmosphere that characterised the deliberations of the International Air Law Conference of 1991, an exercise that is thought to be helpful when one is coupling the theoretical analysis with the practical problems of implementation. For this reason, the study is not restricted to theoretical questions of treaty law. The author benefited from personal participation, as an observer, in the International Conference on Air Law held at Montreal from 14 February to 1 March 1991.The first chapter presents a full picture of the legal measures for safeguarding aviation security. This chapter endeavours to review the interpretation and implementation of the aviation security multilateral instruments presently in force
Effectiveness of integrating HIV prevention within sexual reproductive health services with or without peer support among adolescents and young adults in rural KwaZulu-Natal, South Africa (Isisekelo Sempilo): 2 × 2 factorial, open-label, randomised controlled trial
No full textBackground: approximately 200,000 South Africans acquired HIV in 2021 despite universal HIV test and treat (UTT) and Pre-Exposure Prophylaxis (PrEP).Methods: we conducted a 2x2 factorial open label randomised controlled trial. N=3000 potentially eligible 16-29-year-olds, randomly sampled from a population surveillance area in a mostly rural part of KwaZulu-Natal, were randomised to one of 4 arms: 1) enhanced Standard of Care (SoC): access to mobile youth-friendly services for differentiated HIV prevention (condoms, UTT, PrEP if eligible); 2) Sexual and Reproductive Health (SRH): baseline self-collected specimens for sexually transmitted infection testing and referral to differentiated HIV prevention services; 3) Peer-support: referral to a peer navigator for support, condom provision and facilitation of attendance for differentiated HIV prevention services; 4) SRH + peer-support. Co-primary effectiveness outcomes were: 1) linkage to differentiated HIV prevention services within 60 days of enrolment; 2) transmissible HIV (HIV viral load ≥400 copies/mL) measured from dried blood spots (DBS) at 12 months. 3) the proportion of sampled individuals who consented to participation and gave a DBS for HIV testing at 12 months. Logistic regression was used for analyses, adjusted for age, sex and rural/peri-urban area.Findings: between March 2020 and August 2022, 1743/2301(76%) eligible individuals were enrolled, with a 12-month DBS collected from 1168 (67%). Baseline characteristics and 12-month outcome ascertainment were similar by arm. 755 (43.3%) linked to services by 60 days; SRH increased linkage (aOR 1.68;95%CI=1.39-2.04) but peer-support had no effect. At 12 months, 227 (19%) tested ELISA-positive for HIV, of whom 41 (18%) had a viral load ≥400 copies/ml. The overall prevalence of transmissible HIV was 3.5%. There was no evidence of an effect of either intervention on transmissible HIV (main effects: SRH aOR 1.12; 95%CI=0.60-2.11; peer-support aOR 1.03; 95%CI=0.55-1.94). Interpretation: in this representative sample of adolescents and youth in a mostly rural area of South Africa, STI testing and SRH (but not peer support) increased uptake of differentiated HIV prevention. While the UNAIDS target of 90:90:90 was exceeded, neither SRH nor peer support showed evidence of reducing transmissible HIV
