62 research outputs found
An assessment of harmonious family relationships in small and medium-sized family businesses
No full textThesis (M.B.A.)--North-West University, Potchefstroom Campus, 2010.Family businesses are fast becoming the dominant form of business enterprise in both developing and developed economies. Family businesses are also being recognised as a potential driver of economic growth and wealth creation in the world. Family businesses in particular, have been making a positive contribution towards the South African economy for the
last 300 years. Definitions based on the components of family involvement such as management, ownership, governance, and succession, are easy to operationalise. Unfortunately, they cannot distinguish
between two firms with the same level of family involvement when one considers itself a family business and the other does not. Therefore, there is a need to develop a definition that captures the essence of the family business and, as such, may be used to distinguish the family business, in theory, research, and practice. The primary objective of this study was to empirically explore and evaluate the determinants of
harmonious family relationships and family businesses in small and medium-sized family businesses. The empirical study was conducted by means of a field study using a structured questionnaire.
The reliability of the questionnaire was determined by calculating the Cronbach alpha coefficient of the constructs. The purpose of the literature review was to align the determinants of family harmony in family businesses according to a structured questionnaire developed by Prof. Elmarie Venter (NMMU), Dr. Shelly Farrington (Van Eeden) (NMMU) and Dr. Stephan van der Merwe (NWU). Data from 109 respondents linked to 27 family businesses were collected and analysed. The results indicate that a significant proportion of the variation in harmonious family relationships was explained by communication and how to manage and avoid conflict, through drawing up family constitutions as well as family forums.
A possible total of 54 family businesses were identified and a total of 252 questionnaires (161 active members and 91 inactive members) were handed out to family businesses restricted to Gauteng, Free State and the North West province areas.Master
Evaluating the Role of Judicial Oversight in the Context of the Post-2018 Emolument Attachment Order Legal Frame: Revisiting University of Stellenbosch Legal Aid Clinic V Minister of Justice 2015 5 Sa 221 (WCC)
No full textHistorically, mechanisms facilitating civil debt collection and its broader discipline of civil procedure have been an unpopular legal research area, not only in South Africa, but also abroad.[1] In recent years, one civil debt collection mechanism has, however, attracted some academic attention.[2] This attention has resulted from relatively rapid legal developments to counteract widespread debtor exploitation resulting from systemic abuses.[3] The emolument attachment order (hereafter, “EAO”) mechanism, sometimes also referred to as garnishee orders,[4] functions as a civil debt collection instrument, usually following the granting of a default judgment,[5] where the debtors are judged to be legally liable to their creditor.[6] Through the application of EAOs, debtors’ property, specifically their wages, are exposed to execution, in order to satisfy the creditors’ expectations of performance. In this manner, a portion of workers’ wages are withheld from them by the debtors’ employers (the garnishees) after being legally requested or reserved by creditors. The EAO mechanism is a popular debt-collection instrument affecting the lives of potentially millions of people.[7] Creditors favour debt collection through the EAO mechanism, as it offers a relatively convenient and secure form of debt enforcement.[8]
[1] De Vos 2002:236-237.
[2] See, for example, Coetzee & Van Sittert 2018; Van der Merwe 2019.
[3] Van der Merwe 2019:87-90.
[4] There is a slight, but important difference between garnishee orders, a term used to describe an order that empowers the creditor to attach any debt owed to the debtor by any third party, and EAOs, which are specific forms of garnishee orders applicable to the employer-employee relationship. See Van der Merwe 2019:78.
[5] Van der Merwe 2008:78.
[6] The definition of EAOs is apparent from their function, which is explained in sec. 65J(1)(b) of the Magistrates’ Courts Act 32/1944.
[7] As far as the author can ascertain, there are no statistics available on the exact number of EAOs currently in circulation. Haupt et al. 2008:85-104 experienced a similar challenge and relied on estimates to provide some indication of the extent of EAO use at the time. The author’s estimation of the number of lives affected by EAOs, including extended family members, is aligned with available data regarding the extreme scale of South African indebtedness (see, for example, Coetzee & Van Sittert 2018:110) and earlier indications of the prevalence of EAOs in circulation. See, for example, Van der Merwe 2019:80 at fn. 26, referring to an audit of a portion of the 1,75 million EAOs in existence in 2007.
[8] South African labour laws are relatively protective of employees and EAO debtors are specifically safeguarded from employer retaliation as a result of EAO deductions. See Smit & Van Eck 2010:47, 65-66. In terms of sec. 185 of the Labour Relations Act 66/1995, every employee has the right not to be unfairly dismissed
The determinants of the readiness to let go among senior generation owner-managers of small and medium-sized family businesses
No full textThe objective of this study was to assess the determinants of the readiness of the senior generation owner-managers to finally transfer the management and control of the family business to the younger generation. Data from 504 questionnaires linked to 81 family businesses were collected and analysed. An Oblimin oblique rotation was carried out on the principal components of the exploratory factor analysis. Five factors with eigen-values greater than one, explaining 62.64 per cent of the variance, were extracted. These five factors describing the theoretical dimensions of the dependent variable were: the senior generation owner-manager’s readiness to let go, and the independent variables of retirement planning, perceived suitability of the successor, estate planning, and the perceived liquidity of the business after the transfer. No significant practical differences relating to these five factors could be found between the perceptions of male and female respondents, the senior and younger generation family members or family members involved in medium-sized or small businesses. Practical recommendations are suggested to ensure a smooth final transfer of the management and control of the business to the younger generation family members
An assessment of the impact of entrepreneurial orientation on the success of selected public secondary schools
No full textThere is a need for research on the influence of entrepreneurial orientation on the success of public schools. Through an investigation of the influence of an entrepreneurial orientation on the perceived success of secondary schools, this study attempts to address this need. The influence of the five independent entrepreneurial orientation dimensions, Innovativeness, Autonomy, Risk-taking, Opportunity utilisation and Competitive aggressiveness, was measured by means of four dependent variables: an Effective learning environment, Learner achievement, Strategic intent and Staff development. The respondents were identified by means of a convenience sampling technique, and the survey yielded 313 useable questionnaires from five high performing public secondary schools. To assess the validity and reliability of the measuring instrument, the data collected were analysed by means of an exploratory factor analysis and Cronbach alpha coefficients were calculated. The hypothesised relationships were assessed by means of a multiple regression analysis. The results show that Innovativeness and Opportunity utilisation exert a positive influence on all four variables measuring the Perceived success of the participating schools. Competitive aggressiveness, furthermore, exerts a positive influence on Learner achievement. Autonomy also has a positive influence on an Effective learning environment. There were no significant relationships between Risk-taking and any of the perceived success variables.http://reference.sabinet.co.za/document/EJC145860http://reference.sabinet.co.za/sa_epublication/mandy
Waarskuwing aan die onverskillige skrywer : die belang van akkurate en etiese regtelike skryfwerk
No full textCITATION: Van der Merwe, S. 2014. Cautioning the careless writer: The importance of accurate and ethical legal writing. Journal for Juridical Science, 39(2):23-52.The original publication is available at http://reference.sabinet.co.za.ez.sun.ac.za/document/EJC172176Legal professionals are required to write ethically, skilfully and accurately. Growing
concerns over the quality of graduated students entering the profession has led
to an increased sensitivity about the teaching of writing skills. This article will not
consider the how to, but instead focus on the issue of why legal writers should
be vigilant in guarding against the proclivity to write in a careless manner. It
will be argued that the results of careless legal writing could have devastating
consequences for the legal professional’s career as well as his client’s wallet. Legal
writing has to be professional and ethical and reflect the writer’s respect for his or
her own workmanship as well as for the intended recipient. Careful legal writing
aims to avoid misunderstandings and litigation and aids in developing and clarifying
legal analysis. It recognises the permanent nature of what is being written and the
persuasive potential innate to legal drafting. Responsible legal writers are mindful
of the specific legal consequences of their writing and recognise that they have, in
their writing, the ability to appeal to the aesthetic sensibilities of the reader.Professionele regsgeleerdes is verplig om eties, vaardig en akkuraat te skryf.
Toenemende kommer oor die kwaliteit van gegradueerde studente wat by die
professie aansluit, het gelei tot ʼn verhoogte sensitiwiteit oor die onderrig van
skryfvaardighede. Hierdie artikel sal nie aandag gee aan die hoe nie, maar sal eerder
fokus op die kwessie van hoekom regsgeleerdes moet waak teen die geneigdheid
om op ʼn onverskillige manier te skryf. Daar sal geargumenteer word dat sorgelose
regsskrywery vernietigende gevolge vir die professionele regsgeleerde se loopbaan
sowel as sy kliënt se beursie kan inhou. Regsskryfwerk moet professioneel en
eties wees en die skrywer se respek vir sy of haar eie werksproduk sowel as vir die
ontvanger daarvan reflekteer. Versigtige regsskryfwerk het ten doel om misverstande
en litigasie te vermy en dra by tot die ontwikkeling en verheldering van regsanalise.
Dit erken die permanente aard van wat geskryf word en die oorredende potensiaal
eie tot regsskryfwerk. Verantwoordelike regsskrywers is bedag op die spesifieke
regsgevolge van hul skryfwerk en besef ook dat hulle oor die vermoë beskik om
deur hul skrywery tot die estetiese ontvanklikheid van die leser deur te dring.Publishers' versio
Assessing selected determinants of the success of small and medium-sized family businesses
No full textMBA (Business Administration), North-West University, Potchefstroom Campus, 2015South Africa has a social capital economic system that establishes various opportunities for individuals to start their own businesses, this creates a climate for entrepreneurs to explore the business market and start their own business. If family businesses are that important and fundamental to the sustainability of countries it is definitely relevant to asses and monitor these businesses over a wide range of issues. The field of this study falls within the subject discipline of entrepreneurship and focuses on gaining insight into small and medium-sized family businesses. The study has not restricted to a particular trade and all participants who fall under the definition of Ibrahim and Ellis (2004: 5) have been recognised to take part in this study. In this study the author set out to determine the causes affecting the success of family businesses, as well as identifying a few variables that had to be measured to better understand their impact and influence on the success of family businesses. The author also examined other aspects regarding the subject, in order to get a better understanding concerning family businesses, and to understand what they have to offer. The definition that has been used in this study is supplied, as well as the advantages and disadvantages regarding family businesses. This has been done to ensure that the researcher understand what type of business constitutes a family business. The empirical study has been conducted by means of a field study, using a structured questionnaire as the main component. The purpose of the literature review was to gain insight into selected determinants of family business success, according to a structured questionnaire developed by Prof. Stephan van der Merwe (NWU).Master
Application of the Attitude Toward Enterprise (ATE) test on scondary school learners in South Africa
No full textThe main aim of this research paper was to discuss the application of the Attitude Toward Enterprise (ATE) Test1 developed by Kingston University, London on secondary school learners in South Africa. A total of 1 748 usable questionnaires were gathered from grade 10 learners in the Sedibeng District and utilised for statistical analysis. Five factors with eigen-values greater than one describing the entrepreneurial attitudes of young learners were extracted during exploratory factor analysis. Tests for reliability and construct correlation produced satisfactory results to recommend the Enterprise Attitude Questionnaire for further use on young learners in South Africa. A comparison of the mean differences between the constructs for demographic variables produced statistically significant differences in a number of instances, but no visible effects or practical significance to suggest that these differences have any effect in practice. Practical recommendations are offered for further employment of the Enterprise Attitude Questionnaire in entrepreneurship research on young learners
The development of a strategic plan for Relationship Mail (Pty) Ltd
No full textThesis (M.B.A.)--North-West University, Potchefstroom Campus, 2008.Relationship Mail makes use of the information technology (IT) sector as the foundation for the Relationship Mail product, but the actual output is a physical product in the form of gifts, cards and letters. Relationship Mail solves relationship marketing problems for organisations, by enabling them to keep in touch with customers with a physical and personal product. The service, however, is system generated, making it easy to use for customers. The main objective of this study was to formulate a strategic plan for Relationship Mail and to present recommendations to successfully implement the plan. In order to address the main objective, a questionnaire with open ended questions was constructed and completed by all the employees and management of Relationship Mail. The questionnaire also supplied a picture of how the employees perceive Relationship Mail's current strategies, and if they are even aware of a strategy within the organisation at the moment. The questionnaire was followed up by brainstorming sessions among management to formulate a strategic plan.
The result of the questionnaire and brainstorming sessions was a SWOT analysis, identifying the driving forces and an analysis of Porter's five forces model. These analyses were used to identify the key areas where Relationship Mail needs to grow, and according to those areas, a vision and mission statement was formulated, and strategic objectives developed. The following strategic objectives were developed: • To develop the leading relationship marketing software in South Africa and in the world.
• Realizing market penetration opportunities.
• Achieving sales forecasts and targets.
• Optimising product and service intentions.
• To ensure continued growth and profitability of Relationship Mail. This main objective is to break even by March 2008.
• Expand into the international market in two years' time. To complement the strategic objectives, the following strategies were developed to fulfil the objectives: • Obtain the SPII Grant and use the funds to create a compelling value proposition for software system companies in the likes of Spotlight and CRM, and to continuously expand our product offering. • Build strong brand recognition and leverage the brand equities affiliated with Relationship Mail. • Build the sales force to increase exposure to various industries. • Provide a high level of personalised service. • Perform a situation analysis and identify the financial need within the organisation. • Identify suitable business partners in the identified countries.
The above objectives and strategies were built in to action plans, and in the study, the relevant actions, with the persons available and time frames are supplied. The strategic plan provides a high-level view of all of the actions required from Relationship Mail within the next year, and the different department heads will have to take the given strategies further and build a plan for each one of the areas identified for growth.
Relationship Mail is a young organisation and is going through a rapid growth phase at the moment. Investment capital is extremely important at this stage to enable growth for the organisation. To ensure continuous growth and the implementation of the completed strategy, the organisation is in need of investment capital. This study will hopefully serve as a foundation for investment capitalists to see the financial potential within Relationship Mail.Master
A case study in advocating for expanded clinical legal education : the University of Stellenbosch module
No full textCITATION: Van Der Merwe, S. 2017. A case study in advocating for expanded clinical legal education : the University of Stellenbosch module. Stellenbosch Law Review = Stellenbosch Regstydskrif 28(3):679-701.The original publication is available at https://journals.co.za/content/journal/jlc_slrPractical Legal Training 471 (“PLT”) is the only Clinical Legal Education (“CLE”) module currently offered by the Faculty of Law at the University of Stellenbosch (“Faculty”). It has an important function in that it offers to final year law students the opportunity to acquire and develop skills in a clinical setting. Despite overwhelming international support for CLE as a teaching methodology, it has a limited role in the current LLB curriculum where it is offered as an elective to a relatively small number of final year law students. In this respect, Stellenbosch reflects the position of many other University law faculties. This article presents an argument favouring a dedicated and pro-active effort to increase CLE’s footprint within the Faculty by restructuring the current elective module into one that is mandatory for all law students. This is done by considering the pedagogical, institutional and access to justice arguments in support of effective CLE modules. This is then followed by an overview of the current PLT module, emphasising the role and expectations of the Law Clinic (“LC”), impacted community, students, faculty and profession. The article then identifies some of the challenges which deter universities, like Stellenbosch, from offering CLE as a compulsory module in their LLB curriculum. With due regard to the complexity of the issues at stake, some suggestions are offered that could serve as a starting point for law faculties in considering how to deal with the obstacles in the way of offering a mandatory CLE module. Ultimately, any efforts to expand CLE remain contingent on the relevant faculty’s support and its ability to realise the full potential of CLE by considering a mandatory module as a necessary intervention in its LLB programme offering.https://journals.co.za/content/journal/10520/EJC-dc5567734Publishers versio
Developing a procedural framework for advanced debtor protection : the case of emolument attachment orders
No full textVan der Merwe, S. 2022. Developing a procedural framework for advanced debtor protection : the case of emolument attachment orders. Unpublished doctoral dissertation. Stellenbosch: Stellenbosch University [online]. Available: https://scholar.sun.ac.za/items/39ad8581-1ba5-4c45-8577-3dd8bd737415Thesis (LLD)--Stellenbosch University, 2022.ENGLISH ABSTRACT: This dissertation is concerned with the rights of debtors resulting from the enforcement of civil judgments through wage garnishment. In South Africa, wage garnishment is achieved through the emolument attachment order (“EAO”) mechanism. The South African credit and debt collection industry is thriving. Creditors, collection agents and legal representatives enrich themselves through the financialisation of small debts. It is not only the poor and marginalised segment of South African society that suffer the adverse consequences of bad debt. As long as the debtor has a stable source of income, however small, the creditor can confidently engage in largely unregulated and indefinite collections of the debt by garnishing the debtor’s wages through EAOs. In the process, debtors are charged excessive interest and collection costs to compensate creditors for the supposed risks associated with unsecured lending, while the reality is that they are reaping most of the benefits of securitised lending. The situation is exacerbated by the fragile and convoluted legislative framework that regulates EAOs. This framework fails to provide sufficient debtor protection. As a result, debtors are exploited by a system that lacks effective measures to prevent, monitor, identify and then correct irregularities in the collection of debt through EAOs. This abuse of the EAO mechanism results in scores of debtors being caught in debt traps from which they are unable to escape. It fuels the negative cycle of indebtedness and it is detrimental to the South African economy and society at large. The contemporary South African EAO mechanism has not yet been subjected to a comprehensive and critical analysis in order to present motivated recommendations for increased debtor protection. The dissertation will consider the historical context that directed the development of the South African EAO mechanism and the composition of the current South African framework that regulates EAOs. The study will demonstrate why the framework, despite recent judicial and legislative developments, fails to provide adequate debtor protection and identify the respects in which the framework is deficient. Finally, having regard to the approaches of two prominent foreign jurisdictions, England and the Unites States of America, recommendations and proposals will be made to develop a procedural framework for advanced debtor protection in the case of EAOs.AFRIKAANSE OPSOMMING: Hierdie proefskrif handel oor die regte van debiteure wat voortspruit uit dieafdwinging van siviele vonnisse deur loonbeslaglegging. In Suid-Afrika wordloonbeslaglegging bewerkstellig deur middel van diebesoldigingsbeslagleggingsbevel (“BBB”) meganisme.Die Suid-Afrikaanse krediet- en skuldinvorderingsbedryf floreer. Skuldeisers,invorderingsagente en regsverteenwoordigers verryk hulself deur die finansialisasievan klein bedrae skuld. Dit is nie net die arm en gemarginaliseerde deel van dieSuid-Afrikaanse samelewing wat onder die nadelige gevolge van slegte skuld ly nie.Solank die skuldenaar oor ‘n stabiele bron van inkomste beskik, hoe gering ook al,kan die skuldeiser met vertroue voortgaan met die grootliks ongereguleerde enonbepaalde invordering van die skuld deur middel van BBB’s. In die proses wordbuitensporige rente en invorderingskoste van debiteure gehef om skuldeisers tevergoed vir die veronderstelde risiko’s verbonde aan onversekerde lenings, terwyldie realiteit is dat BBB skuldeisers meeste van die voordele van gesekuritiseerdelenings geniet. Die situasie word vererger deur die brose en ingewikkeldewetgewende raamwerk wat BBB’s reguleer. Hierdie raamwerk bied nie voldoendeskuldenaarsbeskerming nie. As gevolg hiervan word skuldenaars uitgebuit deur ‘nstelsel wat nie effektiewe maatreëls bevat om onreëlmatighede in die invorderingvan skuld deur middel van BBB’s te voorkom, te monitor, te identifiseer en dan reg testel nie. Hierdie misbruik van die BBB-meganisme lei daartoe dat talle skuldenaarsvasgevang word in skuldstrikke waaruit hulle nie kan ontsnap nie. Dit stimuleer dienegatiewe siklus van skuld en is nadelig vir die Suid-Afrikaanse ekonomie en diesamelewing in die algemeen.Die hedendaagse Suid-Afrikaanse BBB-meganisme is nog nie aan ‘n omvattendeen kritiese analise onderwerp om gemotiveerde aanbevelings vir verhoogdeskuldenaarbeskerming voor te lê nie. Die proefskrif sal die historiese konteks wat dieontwikkeling van die Suid-Afrikaanse BBB-meganisme gerig het, en die samestellingvan die huidige Suid-Afrikaanse raamwerk wat BBB’s reguleer, bespreek. Die studiesal aantoon waarom die raamwerk, ondanks onlangse geregtelike en wetgewendeontwikkelinge, nie voldoende skuldenaarsbeskerming bied nie en die aspekte waarindie raamwerk gebrekkig is, identifiseer. Ten slotte, met inagneming van diebenaderings van twee prominente buitelandse jurisdiksies, Engeland en die Verenigde State van Amerika, sal aanbevelings en voorstelle gemaak word om ‘n prosedurele raamwerk vir verbeterde skuldenaarbeskerming in die geval van BBB’s te ontwikkel.Doctora
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