The auditor's duty of reasonable care and skill and the expectation to detect fraud
- Kujinga, Benjamin Tanyaradzwa
- Authors: Kujinga, Benjamin Tanyaradzwa
- Date: 2008
- Subjects: Auditing Standards , Accounting fraud , Financial statements -- Law and legislation
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:11115 , http://hdl.handle.net/10353/104 , Auditing Standards , Accounting fraud , Financial statements -- Law and legislation
- Description: Auditors perform a very important task within the context of the affairs of a company because financial reporting can only serve its purpose if stakeholders can rely on its accuracy and reliability. An auditor’s duty is to opine whether an entity’s financial reporting has been done according to the requirements of the law. The responsibility of reporting according to the law lies with an entity’s directors. Auditors cannot issue an absolute assurance as to the lawfulness and reliability of an entity’s financial reporting. However when it is subsequently discovered that the financial reporting was incorrect and that fraud has occurred auditors are often blamed and sued for enormous amounts of money for failing to detect material anomalies in the financial reports. These actions are based on the fact that auditors have a duty to exercise reasonable care and skill in the performance of their duties and through their failure to act as such, have caused financial harm to the clients or third parties. The fact that auditors are only required by law to exercise reasonable care and skill and perform an audit according to the standards of the reasonable auditor and not the most meticulous one, is often not regarded or is sometimes deliberately ignored. This clearly represents a problem in our law, namely that the presence of fraud in financial reports does not in itself suggest negligence on the part of the auditor but is apparently often perceived to do so. This research shows that the auditor’s duty of reasonable care and skill does not necessarily entail the duty to detect fraud. The elements of the duty of reasonable care and skill are identified from case law, legislation and international auditing standards. In order to limit the liability of auditors in general it is important to focus also on the elements of fault (negligence), wrongfulness and causation. This research shows that negligence cannot be established merely by the presence of fraud or material misstatements in financial statements. The responsibility for fair financial reporting lies with the directors. This research gives prominence to this fact which often seems to be ignored for convenience and in order to place the blame on the auditors. This research implicitly asks the question, why are auditors being held responsible for material misstatements in a company’s financial statements and not the directors? Guidelines for determining the extent of an auditor’s liability in this regard are formulated in this research.
- Full Text:
- Authors: Kujinga, Benjamin Tanyaradzwa
- Date: 2008
- Subjects: Auditing Standards , Accounting fraud , Financial statements -- Law and legislation
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:11115 , http://hdl.handle.net/10353/104 , Auditing Standards , Accounting fraud , Financial statements -- Law and legislation
- Description: Auditors perform a very important task within the context of the affairs of a company because financial reporting can only serve its purpose if stakeholders can rely on its accuracy and reliability. An auditor’s duty is to opine whether an entity’s financial reporting has been done according to the requirements of the law. The responsibility of reporting according to the law lies with an entity’s directors. Auditors cannot issue an absolute assurance as to the lawfulness and reliability of an entity’s financial reporting. However when it is subsequently discovered that the financial reporting was incorrect and that fraud has occurred auditors are often blamed and sued for enormous amounts of money for failing to detect material anomalies in the financial reports. These actions are based on the fact that auditors have a duty to exercise reasonable care and skill in the performance of their duties and through their failure to act as such, have caused financial harm to the clients or third parties. The fact that auditors are only required by law to exercise reasonable care and skill and perform an audit according to the standards of the reasonable auditor and not the most meticulous one, is often not regarded or is sometimes deliberately ignored. This clearly represents a problem in our law, namely that the presence of fraud in financial reports does not in itself suggest negligence on the part of the auditor but is apparently often perceived to do so. This research shows that the auditor’s duty of reasonable care and skill does not necessarily entail the duty to detect fraud. The elements of the duty of reasonable care and skill are identified from case law, legislation and international auditing standards. In order to limit the liability of auditors in general it is important to focus also on the elements of fault (negligence), wrongfulness and causation. This research shows that negligence cannot be established merely by the presence of fraud or material misstatements in financial statements. The responsibility for fair financial reporting lies with the directors. This research gives prominence to this fact which often seems to be ignored for convenience and in order to place the blame on the auditors. This research implicitly asks the question, why are auditors being held responsible for material misstatements in a company’s financial statements and not the directors? Guidelines for determining the extent of an auditor’s liability in this regard are formulated in this research.
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The efficacy of education decentralisation policy in Zimbabwe: a case of Kadoma district
- Authors: Mupindu, Wisemen
- Date: 2008
- Subjects: Universities and colleges -- Decentralization -- Zimbabwe , Education and state -- Zimbabwe
- Language: English
- Type: Thesis , Masters , M Soc Sc (Dev)
- Identifier: vital:11410 , http://hdl.handle.net/10353/202 , Universities and colleges -- Decentralization -- Zimbabwe , Education and state -- Zimbabwe
- Description: The study focused on the efficacy of the democratic education decentralization policy. The study focused on the efficacy of the democratic education decentralization policy implementation of the four schools of Kadoma District in Zimbabwe. The thesis reviewed literature and discussed the concept of the democratic education decentralization policy implementation and how this has been practiced in Zimbabwe. The theoretical basis of democratic education decentralization policies were outlined and the argument for and against the policy discussed. Thus the dissertation explored the concept of education decentralization policy with specific reference to the notions of democratization and participation in Zimbabwe. Besides the qualitative and the quantitative research methods employed, the study was complemented by the observation on the ground and document analysis. The thesis unearthed that; the democratic education decentralization policy is characterized by some successes and problems during implementation of the policy as indicated by the paucity of the teaching and learning resources. The research findings revealed that, there is prevalence of poor learning outcomes at ‘O’ level in schools; the SDCs/SDAs are underutilized sources of school development because they are not fully empowered by the education system since they had a minimum role in participating towards the implementation of the policy in order to acquire the teaching and learning resources at the schools in Kadoma District. The above findings long-established the view held by critical theorists of the Participatory Governance Model that there is a complementary relationship between the participation of the SDC/SDA in acquiring the teaching as well as the learning resources and the academic performance of learners. Thus, the study concluded that decentralization policy implementation was the major driving force in strengthening efficiency and accountability of resources and results.mplementation of the four schools of Kadoma District in Zimbabwe. The thesis reviewed literature and discussed the concept of the democratic education decentralization policy implementation and how this has been practiced in Zimbabwe. The theoretical basis of democratic education decentralization policies were outlined and the argument for and against the policy discussed. Thus the dissertation explored the concept of education decentralization policy with specific reference to the notions of democratization and participation in Zimbabwe. Besides the qualitative and the quantitative research methods employed, the study was complemented by the observation on the ground and document analysis. The thesis unearthed that; the democratic education decentralization policy is characterized by some successes and problems during implementation of the policy as indicated by the paucity of the teaching and learning resources. The research findings revealed that, there is prevalence of poor learning outcomes at ‘O’ level in schools; the SDCs/SDAs are underutilized sources of school development because they are not fully empowered by the education system since they had a minimum role in participating towards the implementation of the policy in order to acquire the teaching and learning resources at the schools in Kadoma District. The above findings long-established the view held by critical theorists of the Participatory Governance Model that there is a complementary relationship between the participation of the SDC/SDA in acquiring the teaching as well as the learning resources and the academic performance of learners. Thus, the study concluded that decentralization policy implementation was the major driving force in strengthening efficiency and accountability of resources and results.
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- Authors: Mupindu, Wisemen
- Date: 2008
- Subjects: Universities and colleges -- Decentralization -- Zimbabwe , Education and state -- Zimbabwe
- Language: English
- Type: Thesis , Masters , M Soc Sc (Dev)
- Identifier: vital:11410 , http://hdl.handle.net/10353/202 , Universities and colleges -- Decentralization -- Zimbabwe , Education and state -- Zimbabwe
- Description: The study focused on the efficacy of the democratic education decentralization policy. The study focused on the efficacy of the democratic education decentralization policy implementation of the four schools of Kadoma District in Zimbabwe. The thesis reviewed literature and discussed the concept of the democratic education decentralization policy implementation and how this has been practiced in Zimbabwe. The theoretical basis of democratic education decentralization policies were outlined and the argument for and against the policy discussed. Thus the dissertation explored the concept of education decentralization policy with specific reference to the notions of democratization and participation in Zimbabwe. Besides the qualitative and the quantitative research methods employed, the study was complemented by the observation on the ground and document analysis. The thesis unearthed that; the democratic education decentralization policy is characterized by some successes and problems during implementation of the policy as indicated by the paucity of the teaching and learning resources. The research findings revealed that, there is prevalence of poor learning outcomes at ‘O’ level in schools; the SDCs/SDAs are underutilized sources of school development because they are not fully empowered by the education system since they had a minimum role in participating towards the implementation of the policy in order to acquire the teaching and learning resources at the schools in Kadoma District. The above findings long-established the view held by critical theorists of the Participatory Governance Model that there is a complementary relationship between the participation of the SDC/SDA in acquiring the teaching as well as the learning resources and the academic performance of learners. Thus, the study concluded that decentralization policy implementation was the major driving force in strengthening efficiency and accountability of resources and results.mplementation of the four schools of Kadoma District in Zimbabwe. The thesis reviewed literature and discussed the concept of the democratic education decentralization policy implementation and how this has been practiced in Zimbabwe. The theoretical basis of democratic education decentralization policies were outlined and the argument for and against the policy discussed. Thus the dissertation explored the concept of education decentralization policy with specific reference to the notions of democratization and participation in Zimbabwe. Besides the qualitative and the quantitative research methods employed, the study was complemented by the observation on the ground and document analysis. The thesis unearthed that; the democratic education decentralization policy is characterized by some successes and problems during implementation of the policy as indicated by the paucity of the teaching and learning resources. The research findings revealed that, there is prevalence of poor learning outcomes at ‘O’ level in schools; the SDCs/SDAs are underutilized sources of school development because they are not fully empowered by the education system since they had a minimum role in participating towards the implementation of the policy in order to acquire the teaching and learning resources at the schools in Kadoma District. The above findings long-established the view held by critical theorists of the Participatory Governance Model that there is a complementary relationship between the participation of the SDC/SDA in acquiring the teaching as well as the learning resources and the academic performance of learners. Thus, the study concluded that decentralization policy implementation was the major driving force in strengthening efficiency and accountability of resources and results.
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The efficiency of a fiscally decentralized government in the provision of social services: the case of the Eastern Cape provincial government in South Africa
- Mahuni, Fortunate Jaqueline Runyararo
- Authors: Mahuni, Fortunate Jaqueline Runyararo
- Date: 2008
- Subjects: Public welfare -- South Africa -- Eastern Cape , Social service -- South Africa -- Eastern Cape
- Language: English
- Type: Thesis , Masters , M Com
- Identifier: vital:11454 , http://hdl.handle.net/10353/209 , Public welfare -- South Africa -- Eastern Cape , Social service -- South Africa -- Eastern Cape
- Description: Governments strive to improve the efficiency of service delivery with the intention of achieving societal goals. Thus, in order to ensure the quality of public services and goods provided to the people, central governments need to follow a decentralised governance approach. The decentralisation theorem states that, if the consumption of public goods and services over different geographical regions of the total population and the cost of providing these public goods and services in each region are the same for both the central and the sub-national government, the provision of public goods and services will be more efficient if they are provided by the sub-national government to their respective jurisdictions. This dissertation’s main aim is to investigate the extent to which the Eastern Cape Provincial Government (ECPG) is efficient in the provision of social services to the people under their jurisdiction. The efficiency scores obtained using the Data Envelopment Analysis Computer Program (DEAP) 2.1 version proved that the ECPG, education, health, social welfare and the housing departments are inefficient in the provision of social services. In this case, fiscal decentralisation as an appropriate vehicle for service delivery seems not to be working for the Eastern Cape Province, unless there is an improvement in the efficiency levels at which the social services are provided by these departments.
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- Authors: Mahuni, Fortunate Jaqueline Runyararo
- Date: 2008
- Subjects: Public welfare -- South Africa -- Eastern Cape , Social service -- South Africa -- Eastern Cape
- Language: English
- Type: Thesis , Masters , M Com
- Identifier: vital:11454 , http://hdl.handle.net/10353/209 , Public welfare -- South Africa -- Eastern Cape , Social service -- South Africa -- Eastern Cape
- Description: Governments strive to improve the efficiency of service delivery with the intention of achieving societal goals. Thus, in order to ensure the quality of public services and goods provided to the people, central governments need to follow a decentralised governance approach. The decentralisation theorem states that, if the consumption of public goods and services over different geographical regions of the total population and the cost of providing these public goods and services in each region are the same for both the central and the sub-national government, the provision of public goods and services will be more efficient if they are provided by the sub-national government to their respective jurisdictions. This dissertation’s main aim is to investigate the extent to which the Eastern Cape Provincial Government (ECPG) is efficient in the provision of social services to the people under their jurisdiction. The efficiency scores obtained using the Data Envelopment Analysis Computer Program (DEAP) 2.1 version proved that the ECPG, education, health, social welfare and the housing departments are inefficient in the provision of social services. In this case, fiscal decentralisation as an appropriate vehicle for service delivery seems not to be working for the Eastern Cape Province, unless there is an improvement in the efficiency levels at which the social services are provided by these departments.
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The impact of a career development programme on career maturity and academic motivation
- Authors: Miles, Jean
- Date: 2008
- Subjects: Vocational guidance , Motivation in education
- Language: English
- Type: Thesis , Masters , M Soc Sc (Psych)
- Identifier: vital:11602 , http://hdl.handle.net/10353/143 , Vocational guidance , Motivation in education
- Description: The present study addresses the problems experienced by South African youth in making effective, informed career decisions. The goal of this study was to determine the effect of a career intervention programme on the career maturity and academic motivation of Grade 11 learners at Alphendale High School. Furthermore, the relationship between career maturity and academic motivation was explored. Using a pre-post test quasi-xperimental design it could be demonstrated that different dimensions of the learners’ career maturity and their academic motivation improved subsequent to the career intervention programme and therefore underscored the value of a career intervention programme.
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- Authors: Miles, Jean
- Date: 2008
- Subjects: Vocational guidance , Motivation in education
- Language: English
- Type: Thesis , Masters , M Soc Sc (Psych)
- Identifier: vital:11602 , http://hdl.handle.net/10353/143 , Vocational guidance , Motivation in education
- Description: The present study addresses the problems experienced by South African youth in making effective, informed career decisions. The goal of this study was to determine the effect of a career intervention programme on the career maturity and academic motivation of Grade 11 learners at Alphendale High School. Furthermore, the relationship between career maturity and academic motivation was explored. Using a pre-post test quasi-xperimental design it could be demonstrated that different dimensions of the learners’ career maturity and their academic motivation improved subsequent to the career intervention programme and therefore underscored the value of a career intervention programme.
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The impact of immigration on the labour market: evidence from South Africa
- Authors: Sibanda, Nomazulu
- Date: 2008
- Subjects: Immigrants -- South Africa , Labor -- South Africa , Labor costs -- South Africa
- Language: English
- Type: Thesis , Masters , M Com
- Identifier: vital:11451 , http://hdl.handle.net/10353/207 , Immigrants -- South Africa , Labor -- South Africa , Labor costs -- South Africa
- Description: The impact of immigrants on the labour market in the South African context has always been a long standing issue with both government and natives’ fearing for the latter’s displacement effect, pressure on wages and resources. Migrants are blamed for poor labour market conditions of a host country. Literature reviewed from Africa and elsewhere shows that migrants have negative outcomes on the host country’s labour market. For this study an Error Correction Model on time series data from 1980-2006 has been estimated. The study estimated two models that is the unemployment and the wages models. The variables used for estimation are immigration, inflation and the Gross Domestic Product. The study surprisingly found a positive impact of immigrants on wages but the effect on employment was negative and significant. It is important to note here that the calculated impact is only for the documented immigrants the impact the illegal ones is not known.
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- Authors: Sibanda, Nomazulu
- Date: 2008
- Subjects: Immigrants -- South Africa , Labor -- South Africa , Labor costs -- South Africa
- Language: English
- Type: Thesis , Masters , M Com
- Identifier: vital:11451 , http://hdl.handle.net/10353/207 , Immigrants -- South Africa , Labor -- South Africa , Labor costs -- South Africa
- Description: The impact of immigrants on the labour market in the South African context has always been a long standing issue with both government and natives’ fearing for the latter’s displacement effect, pressure on wages and resources. Migrants are blamed for poor labour market conditions of a host country. Literature reviewed from Africa and elsewhere shows that migrants have negative outcomes on the host country’s labour market. For this study an Error Correction Model on time series data from 1980-2006 has been estimated. The study estimated two models that is the unemployment and the wages models. The variables used for estimation are immigration, inflation and the Gross Domestic Product. The study surprisingly found a positive impact of immigrants on wages but the effect on employment was negative and significant. It is important to note here that the calculated impact is only for the documented immigrants the impact the illegal ones is not known.
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The meaning women attach to their experiences of intimate partner violence: an interpretative phenomenological study
- Authors: Da Silva, Sheila
- Date: 2008
- Subjects: Women -- Violence against -- South Africa , Abused women -- South Africa , Wife abuse -- South Africa , Family violence -- Psychological aspects
- Language: English
- Type: Thesis , Masters , M Soc Sc (C Psy)
- Identifier: vital:11853 , http://hdl.handle.net/10353/153 , Women -- Violence against -- South Africa , Abused women -- South Africa , Wife abuse -- South Africa , Family violence -- Psychological aspects
- Description: This study investigates the meaning that women attach to their experiences of intimate partner violence (IPV). It seeks to explore how women who have experienced violence in the context of an intimate relationship understand, or make sense of, that experience. It is important to investigate this in order to address some of the assumptions that often inform understandings of the phenomena. Moreover, such information can be used to inform the design and implementation of appropriate interventions. Nine women who had previously experienced violence within the context of an intimate heterosexual relationship participated in this study. For ethical reasons only women who had extricated themselves from those relationships were interviewed for this study. Participants’ accounts were therefore retrospective. The women who participated in this study constituted a homogenous group in terms of their level of education, geographic location and employment status. Data was collected through personal, face-to-face interviews which were audio-recorded and transcribed verbatim. Data in the form of text was analyzed following Willig’s (2001) criteria for Interpretative Phenomenological Analysis (IPA). Disclosure of the women’s experiences, how they made sense of their experiences, as well as the resources they identified as available to them are reported in the results and analysis chapter.
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- Authors: Da Silva, Sheila
- Date: 2008
- Subjects: Women -- Violence against -- South Africa , Abused women -- South Africa , Wife abuse -- South Africa , Family violence -- Psychological aspects
- Language: English
- Type: Thesis , Masters , M Soc Sc (C Psy)
- Identifier: vital:11853 , http://hdl.handle.net/10353/153 , Women -- Violence against -- South Africa , Abused women -- South Africa , Wife abuse -- South Africa , Family violence -- Psychological aspects
- Description: This study investigates the meaning that women attach to their experiences of intimate partner violence (IPV). It seeks to explore how women who have experienced violence in the context of an intimate relationship understand, or make sense of, that experience. It is important to investigate this in order to address some of the assumptions that often inform understandings of the phenomena. Moreover, such information can be used to inform the design and implementation of appropriate interventions. Nine women who had previously experienced violence within the context of an intimate heterosexual relationship participated in this study. For ethical reasons only women who had extricated themselves from those relationships were interviewed for this study. Participants’ accounts were therefore retrospective. The women who participated in this study constituted a homogenous group in terms of their level of education, geographic location and employment status. Data was collected through personal, face-to-face interviews which were audio-recorded and transcribed verbatim. Data in the form of text was analyzed following Willig’s (2001) criteria for Interpretative Phenomenological Analysis (IPA). Disclosure of the women’s experiences, how they made sense of their experiences, as well as the resources they identified as available to them are reported in the results and analysis chapter.
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The personal, career and learning skill needs of first year psychology students
- Authors: Norris, Toni Louise
- Date: 2008
- Subjects: Personality and academic achievement -- South Africa , Personality assessment , Students -- South Africa -- Psychology , Learning ability
- Language: English
- Type: Thesis , Masters , M Soc Sc (Psych)
- Identifier: vital:11605 , http://hdl.handle.net/10353/140 , Personality and academic achievement -- South Africa , Personality assessment , Students -- South Africa -- Psychology , Learning ability
- Description: This study assessed the personal, career and learning skills needs of 196 psychology students (M= 56, F= 103). The preferred means of counselling assistance, preferred experience of counselling and preferred counselling provider were also assessed. The most highly endorsed needs were time management skills (83.5 percent, n=162), learning test-taking strategies (82 percent, n=159), job search strategies (73.6 percent, n=142), increasing self-confidence (70.3 percent, n=135), increasing motivation (72.4 percent, n=134), controlling anxiety and nervousness (68.7 percent, n=134), public speaking anxiety (68.4percent, n=134), understanding career interests and abilities (67.5 percent, n=131), fear of failure (68.1 percent, n=130), and improving study skills (66.5 percent, n=129). Significant sex differences were found for the following, finding a greater purpose in life, controlling weight, job search strategies, concerns about career choice, understanding career interests and abilities in the selection of major subjects and improving study skills. Males highly endorsed the need for finding a greater purpose in life, job search strategies, and concern about career choice, understanding career interest and abilities, selection of major subjects and to improve study skills, whereas females endorsed the need for controlling weight. Respondents indicated individual counselling as being their preferred means of counselling assistance, but lectures were the most prevalent means of assistance previously received by respondents. Most respondents (78.1 percent) found the assistance they had received to be helpful.
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- Authors: Norris, Toni Louise
- Date: 2008
- Subjects: Personality and academic achievement -- South Africa , Personality assessment , Students -- South Africa -- Psychology , Learning ability
- Language: English
- Type: Thesis , Masters , M Soc Sc (Psych)
- Identifier: vital:11605 , http://hdl.handle.net/10353/140 , Personality and academic achievement -- South Africa , Personality assessment , Students -- South Africa -- Psychology , Learning ability
- Description: This study assessed the personal, career and learning skills needs of 196 psychology students (M= 56, F= 103). The preferred means of counselling assistance, preferred experience of counselling and preferred counselling provider were also assessed. The most highly endorsed needs were time management skills (83.5 percent, n=162), learning test-taking strategies (82 percent, n=159), job search strategies (73.6 percent, n=142), increasing self-confidence (70.3 percent, n=135), increasing motivation (72.4 percent, n=134), controlling anxiety and nervousness (68.7 percent, n=134), public speaking anxiety (68.4percent, n=134), understanding career interests and abilities (67.5 percent, n=131), fear of failure (68.1 percent, n=130), and improving study skills (66.5 percent, n=129). Significant sex differences were found for the following, finding a greater purpose in life, controlling weight, job search strategies, concerns about career choice, understanding career interests and abilities in the selection of major subjects and improving study skills. Males highly endorsed the need for finding a greater purpose in life, job search strategies, and concern about career choice, understanding career interest and abilities, selection of major subjects and to improve study skills, whereas females endorsed the need for controlling weight. Respondents indicated individual counselling as being their preferred means of counselling assistance, but lectures were the most prevalent means of assistance previously received by respondents. Most respondents (78.1 percent) found the assistance they had received to be helpful.
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The regulation of insider trading in South Africa: a roadmap for effective, competitive and adequate regulatory statutory framework
- Authors: Chitimira, Howard
- Date: 2008
- Subjects: Insider trading in securities , Insider trading in securities -- South Africa , Financial instruments -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:11116 , http://hdl.handle.net/10353/230 , Insider trading in securities -- South Africa , Financial instruments -- South Africa
- Description: Insider trading is one of the practices that (directly or indirectly) lead to a host of problems for example inaccurate stock market prices, high inflation, reduced public investor confidence, misrepresentation and non disclosure of material facts relating to securities and financial instruments. Again it reduces efficiency in the affected companies and eventually leads to economic underperformance. The researcher observed that the South African insider trading regulatory framework has some gaps and flaws which need to be adequately addressed to ensure efficient and stable financial markets. Therefore, the aim of this research is to provide a clear roadmap for an effective, efficient, adequate and internationally competitive insider trading regulatory framework in South Africa. In order to achieve the above stated aim, the historical development of the regulation insider trading is critically analyzed. The effectiveness and adequacy of the Insider Trading Act, 135 of 1998 is also discussed. Furthermore, the prohibition of insider trading under Securities Services Act, 36 of 2004 is explored and analyzed to investigate its adequacy. The role of the Financial Services Board, the Courts and the Directorate for Market Abuse is also scrutinized extensively. Moreover, a comparative analysis is undertaken of the regulation of insider trading in other jurisdictions of United States of America, Canada and Australia. This is done to investigate any lessons that can be learnt or adopted from these jurisdictions. The researcher strongly contends that having the best insider trading laws on paper alone will not cure the insider trading problem. What is required are adequate laws that are enforced effectively in South African courts. Therefore an adequate insider trading regulatory framework must be put in place to improve the efficiency of South African financial markets, to maintain a stable economy, combat misrepresentation and non disclosure of material facts in transactions relating to securities. The researcher has attempted to state the law as at 31 August 2007.
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- Authors: Chitimira, Howard
- Date: 2008
- Subjects: Insider trading in securities , Insider trading in securities -- South Africa , Financial instruments -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:11116 , http://hdl.handle.net/10353/230 , Insider trading in securities -- South Africa , Financial instruments -- South Africa
- Description: Insider trading is one of the practices that (directly or indirectly) lead to a host of problems for example inaccurate stock market prices, high inflation, reduced public investor confidence, misrepresentation and non disclosure of material facts relating to securities and financial instruments. Again it reduces efficiency in the affected companies and eventually leads to economic underperformance. The researcher observed that the South African insider trading regulatory framework has some gaps and flaws which need to be adequately addressed to ensure efficient and stable financial markets. Therefore, the aim of this research is to provide a clear roadmap for an effective, efficient, adequate and internationally competitive insider trading regulatory framework in South Africa. In order to achieve the above stated aim, the historical development of the regulation insider trading is critically analyzed. The effectiveness and adequacy of the Insider Trading Act, 135 of 1998 is also discussed. Furthermore, the prohibition of insider trading under Securities Services Act, 36 of 2004 is explored and analyzed to investigate its adequacy. The role of the Financial Services Board, the Courts and the Directorate for Market Abuse is also scrutinized extensively. Moreover, a comparative analysis is undertaken of the regulation of insider trading in other jurisdictions of United States of America, Canada and Australia. This is done to investigate any lessons that can be learnt or adopted from these jurisdictions. The researcher strongly contends that having the best insider trading laws on paper alone will not cure the insider trading problem. What is required are adequate laws that are enforced effectively in South African courts. Therefore an adequate insider trading regulatory framework must be put in place to improve the efficiency of South African financial markets, to maintain a stable economy, combat misrepresentation and non disclosure of material facts in transactions relating to securities. The researcher has attempted to state the law as at 31 August 2007.
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The role of the judiciary in protecting the right to freedom of expression in difficult political environments: a case study of Zimbabwe
- Authors: Ndawana, Duduzile
- Date: 2008
- Subjects: Zimbabwe -- Politics and government , Mass media -- Zimbabwe -- Law and legislation , Freedom of speech -- Zimbabwe -- Law and legislation
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:11109 , http://hdl.handle.net/10353/99 , Zimbabwe -- Politics and government , Mass media -- Zimbabwe -- Law and legislation , Freedom of speech -- Zimbabwe -- Law and legislation
- Description: The right to freedom of expression is with no doubt one of the most important rights in all democratic societies. The southern African sub-region is however lacking when it comes to the protection of this right. There are either highly repressive laws which result in the right being practiced but to a limited extent. In other cases the media is owned by the elite in society which results in the majority not being represented in the independent media and at the same time, the public media is often abused by the governing elite. The scene is therefore that both the public media and private media are representative of the elite. The research seeks to explore the protection of human rights, particularly the right to freedom of expression in politically volatile environments. The research focuses on Zimbabwe but comparative analysis has also been drawn with other jurisdictions moreso South Africa. It is important to note that Zimbabwe has ratified both the International Covenant on Civil Political Rights and the African Charter on Human and Peoples’ rights both of which protect the right to freedom of expression. It is however not enough that states ratify international and regional instruments without domesticating the instruments at the national level. The domestication of the international and regional instruments is meant to ensure that individuals enjoy these rights. Freedom of expression is highly volatile in Zimbabwe. The legislature has been accused of taking away the right which has been granted to citizens by the Constitution through its highly repressive laws. The Access to Information and Protection of Privacy Act (AIPPA), the Public Order and Security Act (POSA), and the Official Secrets Act are some of the laws which have been put under spotlight in Zimbabwe. There is therefore a conflict between the legislature, the press and individuals in Zimbabwe. In Zimbabwe like many democratic states, there is separation of powers between the legislature, the executive, and the judiciary. The legislature is the decision making structure that enacts policies in their capacity as representatives of the people; the judiciary is the mediating body that adjudicates decisions between the organs of state as well as between those organs and individuals and the executive enforces decisions. The findings of the research are that despite the ratification of international and regional instruments dealing with the right to freedom of expression and the protection of the right to freedom of expression in the constitution, there still exist repressive laws in Zimbabwe which to a great extent limit the right to freedom of expression. These laws in light of the prevailing environment in Zimbabwe are often used to deprive citizens and journalists of information and their right to freedom of expression. The judiciary finds itself in a difficult position as the executive does not comply with its rulings. The independence of the judiciary, in light of the environment is also compromised by the threats to the judges, the appointment process and ‘gifts’ given to the judges for example, farms. The research analyses the history and theories of freedom of freedom of expression in Zimbabwe, the laws regulating the right and the case law dealing with this right. Finally there is a comparison between Zimbabwe and South Africa and conclusions and recommendations are made based on the discussion in the dissertation. Among the recommendations is that civil society should be involved in educating individuals especially journalists about the right to freedom of expression. Further, the judiciary should also take a more proactive approach in the protection of the right.
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- Authors: Ndawana, Duduzile
- Date: 2008
- Subjects: Zimbabwe -- Politics and government , Mass media -- Zimbabwe -- Law and legislation , Freedom of speech -- Zimbabwe -- Law and legislation
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:11109 , http://hdl.handle.net/10353/99 , Zimbabwe -- Politics and government , Mass media -- Zimbabwe -- Law and legislation , Freedom of speech -- Zimbabwe -- Law and legislation
- Description: The right to freedom of expression is with no doubt one of the most important rights in all democratic societies. The southern African sub-region is however lacking when it comes to the protection of this right. There are either highly repressive laws which result in the right being practiced but to a limited extent. In other cases the media is owned by the elite in society which results in the majority not being represented in the independent media and at the same time, the public media is often abused by the governing elite. The scene is therefore that both the public media and private media are representative of the elite. The research seeks to explore the protection of human rights, particularly the right to freedom of expression in politically volatile environments. The research focuses on Zimbabwe but comparative analysis has also been drawn with other jurisdictions moreso South Africa. It is important to note that Zimbabwe has ratified both the International Covenant on Civil Political Rights and the African Charter on Human and Peoples’ rights both of which protect the right to freedom of expression. It is however not enough that states ratify international and regional instruments without domesticating the instruments at the national level. The domestication of the international and regional instruments is meant to ensure that individuals enjoy these rights. Freedom of expression is highly volatile in Zimbabwe. The legislature has been accused of taking away the right which has been granted to citizens by the Constitution through its highly repressive laws. The Access to Information and Protection of Privacy Act (AIPPA), the Public Order and Security Act (POSA), and the Official Secrets Act are some of the laws which have been put under spotlight in Zimbabwe. There is therefore a conflict between the legislature, the press and individuals in Zimbabwe. In Zimbabwe like many democratic states, there is separation of powers between the legislature, the executive, and the judiciary. The legislature is the decision making structure that enacts policies in their capacity as representatives of the people; the judiciary is the mediating body that adjudicates decisions between the organs of state as well as between those organs and individuals and the executive enforces decisions. The findings of the research are that despite the ratification of international and regional instruments dealing with the right to freedom of expression and the protection of the right to freedom of expression in the constitution, there still exist repressive laws in Zimbabwe which to a great extent limit the right to freedom of expression. These laws in light of the prevailing environment in Zimbabwe are often used to deprive citizens and journalists of information and their right to freedom of expression. The judiciary finds itself in a difficult position as the executive does not comply with its rulings. The independence of the judiciary, in light of the environment is also compromised by the threats to the judges, the appointment process and ‘gifts’ given to the judges for example, farms. The research analyses the history and theories of freedom of freedom of expression in Zimbabwe, the laws regulating the right and the case law dealing with this right. Finally there is a comparison between Zimbabwe and South Africa and conclusions and recommendations are made based on the discussion in the dissertation. Among the recommendations is that civil society should be involved in educating individuals especially journalists about the right to freedom of expression. Further, the judiciary should also take a more proactive approach in the protection of the right.
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Tolerance in intergroup relations: cognitive representations reducing ingroup projection
- Authors: O'Sullivan, Clodagh M
- Date: 2008
- Subjects: Group identity , Social groups , Intergroup relations
- Language: English
- Type: Thesis , Masters , M Soc Sc (Psych)
- Identifier: vital:11604 , http://hdl.handle.net/10353/140 , Group identity , Social groups , Intergroup relations
- Description: This study assessed the personal, career and learning skills needs of 196 psychology students (M= 56, F= 103). The preferred means of counselling assistance, preferred experience of counselling and preferred counselling provider were also assessed. The most highly endorsed needs were time management skills (83.5 pecent, n=162), learning test-taking strategies (82 percent, n=159), job search strategies (73.6 percent, n=142), increasing self-confidence (70.3 percent, n=135), increasing motivation (72.4 percent, n=134), controlling anxiety and nervousness (68.7 percent, n=134), public speaking anxiety (68 percent, n=134), understanding career interests and abilities (67.5 percent, n=131), fear of failure (68.1 percent, n=130), and improving study skills (66.5 percent, n=129). Significant sex differences were found for the following, finding a greater purpose in life, controlling weight, job search strategies, concerns about career choice, understanding career interests and abilities in the selection of major subjects and improving study skills. Males highly endorsed the need for finding a greater purpose in life, job search strategies, and concern about career choice, understanding career interest and abilities, selection of major subjects and to improve study skills, whereas females endorsed the need for controlling weight. Respondents indicated individual counselling as being their preferred means of counselling assistance, but lectures were the most prevalent means of assistance previously received by respondents. Most respondents (78.1 percent) found the assistance they had received to be helpful.
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- Authors: O'Sullivan, Clodagh M
- Date: 2008
- Subjects: Group identity , Social groups , Intergroup relations
- Language: English
- Type: Thesis , Masters , M Soc Sc (Psych)
- Identifier: vital:11604 , http://hdl.handle.net/10353/140 , Group identity , Social groups , Intergroup relations
- Description: This study assessed the personal, career and learning skills needs of 196 psychology students (M= 56, F= 103). The preferred means of counselling assistance, preferred experience of counselling and preferred counselling provider were also assessed. The most highly endorsed needs were time management skills (83.5 pecent, n=162), learning test-taking strategies (82 percent, n=159), job search strategies (73.6 percent, n=142), increasing self-confidence (70.3 percent, n=135), increasing motivation (72.4 percent, n=134), controlling anxiety and nervousness (68.7 percent, n=134), public speaking anxiety (68 percent, n=134), understanding career interests and abilities (67.5 percent, n=131), fear of failure (68.1 percent, n=130), and improving study skills (66.5 percent, n=129). Significant sex differences were found for the following, finding a greater purpose in life, controlling weight, job search strategies, concerns about career choice, understanding career interests and abilities in the selection of major subjects and improving study skills. Males highly endorsed the need for finding a greater purpose in life, job search strategies, and concern about career choice, understanding career interest and abilities, selection of major subjects and to improve study skills, whereas females endorsed the need for controlling weight. Respondents indicated individual counselling as being their preferred means of counselling assistance, but lectures were the most prevalent means of assistance previously received by respondents. Most respondents (78.1 percent) found the assistance they had received to be helpful.
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Variation in the essential oil composition of Calendula Officinalis L
- Authors: Okoh, Omobola Oluranti
- Date: 2008
- Subjects: Calendula (Genus) , Essences and essential oils , Medicinal plants , Calendula officinalis
- Language: English
- Type: Thesis , Masters , MSc (Chemistry)
- Identifier: vital:11334 , http://hdl.handle.net/10353/d1001150 , Calendula (Genus) , Essences and essential oils , Medicinal plants , Calendula officinalis
- Description: Variations in the yield, chemical composition, antibacterial, and antioxidant properties of the essential oils of Rosmarinus officinalis L. cultivated in Alice, Eastern Cape of South Africa over a period of 12 months using the solvent-free microwave extraction and traditional hydrodistillation methods were evaluated. The GC-MS analyses of the essential oils revealed the presence of 33 compounds with 1,8-cineole, a-pinene, camphor, verbenone, bornyl acetate and camphene constituting about 80 percent of the oils throughout the period of investigation, with the solvent-free microwave extraction method generally yielding more of the major components than the hydrodistillation method. Each of the major components of the oils varied in quantity and quality of yield at different periods of the year. The method of extraction and time of harvest are of importance to the quantity and quality of essential oil of Rosmarinus officinalis. Higher amounts of oxygenated monoterpenes such as borneol, camphor, terpene- 4-ol, linalool, a-terpeneol were present in the oil of SFME in comparison with HD. However, HD oil contained more monoterpene hydrocarbons such as a-pinene, camphene, β-pinene, myrcene, a-phellanderene, 1,8-cineole, trans- β-ocimene, γ-teprinene, and cis-sabinene hydrate than SFME extracted oil. Accumulation of monoterpene alcohols and ketones was observed during maturation process of Rosmarinus leaves. Quantitative evaluation of antibacterial activity, minimum inhibitory concentration values were determined using a serial microplate dilution method. The essential oils obtained using both methods of extraction were active against all the bacteria tested at a concentration of 10 mg mL-1. The minimum inhibitory concentrations for the SFME extracted oils ranged between 0.23 and 1.88 mg mL-1, while those of the HD extracted oils varied between 0.94 and 7.5 mg mL-1, thus suggesting that the oil obtained by solvent free microwave extraction was more active against bacteria than the oil obtained through hydrodistillation. The antioxidant and free radical scavenging activity of the obtained oils were tested by means of 1,1-diphenyl-2-picrylhydrazyl radical (DPPH+) assay and β- carotene bleaching test. In the DPPH+ assay, while the free radical scavenging activity of the oil obtained by SFME method showed percentage inhibitions of between 48.8 percent and 67 percent, the HD derived oil showed inhibitions of between 52.2 percent and 65.30 percent at concentrations of 0.33, 0.50 and 1.0 mg mL-1, respectively. In the β-carotene bleaching assay, the percentage inhibition increased with increasing concentration of both oils with a higher antioxidant activity of the oil obtained through the SFME than the HD method. Thin layer chromatography (TLC) was used to analyze the chemical composition of the extracts using three eluent solvent systems of varying polarities i. e. CEF, BEA and EMW and sprayed with vanillin-sulfuric acid. The chemical composition of the different extracts was similar with the exception of methanol and water extracts which had only one or two visible compounds after treating with vanillin-spray reagent. To evaluate the number of antibacterial compounds present in the fractions, bioautography was used against two most important nosocomial microorganisms. S. aureus (Gram positive) and E. coli (Gram negative). Nearly all the crude serial extraction fractions contained compounds that inhibited the growth of E. coli. The hexane extract had the most lines of inhibition followed by ethyl acetate. Bioassay-guided fractionation against E. coli was used to isolate antibacterial compounds. The largest number of antibacterial compounds occurred in the hexane fraction. Furthermore we tried to complete the characterization by extracting and studying other biologically important plant metabolites such as phenolic compounds to evaluate the antioxidant capacity of Rosmarinus extracts
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- Authors: Okoh, Omobola Oluranti
- Date: 2008
- Subjects: Calendula (Genus) , Essences and essential oils , Medicinal plants , Calendula officinalis
- Language: English
- Type: Thesis , Masters , MSc (Chemistry)
- Identifier: vital:11334 , http://hdl.handle.net/10353/d1001150 , Calendula (Genus) , Essences and essential oils , Medicinal plants , Calendula officinalis
- Description: Variations in the yield, chemical composition, antibacterial, and antioxidant properties of the essential oils of Rosmarinus officinalis L. cultivated in Alice, Eastern Cape of South Africa over a period of 12 months using the solvent-free microwave extraction and traditional hydrodistillation methods were evaluated. The GC-MS analyses of the essential oils revealed the presence of 33 compounds with 1,8-cineole, a-pinene, camphor, verbenone, bornyl acetate and camphene constituting about 80 percent of the oils throughout the period of investigation, with the solvent-free microwave extraction method generally yielding more of the major components than the hydrodistillation method. Each of the major components of the oils varied in quantity and quality of yield at different periods of the year. The method of extraction and time of harvest are of importance to the quantity and quality of essential oil of Rosmarinus officinalis. Higher amounts of oxygenated monoterpenes such as borneol, camphor, terpene- 4-ol, linalool, a-terpeneol were present in the oil of SFME in comparison with HD. However, HD oil contained more monoterpene hydrocarbons such as a-pinene, camphene, β-pinene, myrcene, a-phellanderene, 1,8-cineole, trans- β-ocimene, γ-teprinene, and cis-sabinene hydrate than SFME extracted oil. Accumulation of monoterpene alcohols and ketones was observed during maturation process of Rosmarinus leaves. Quantitative evaluation of antibacterial activity, minimum inhibitory concentration values were determined using a serial microplate dilution method. The essential oils obtained using both methods of extraction were active against all the bacteria tested at a concentration of 10 mg mL-1. The minimum inhibitory concentrations for the SFME extracted oils ranged between 0.23 and 1.88 mg mL-1, while those of the HD extracted oils varied between 0.94 and 7.5 mg mL-1, thus suggesting that the oil obtained by solvent free microwave extraction was more active against bacteria than the oil obtained through hydrodistillation. The antioxidant and free radical scavenging activity of the obtained oils were tested by means of 1,1-diphenyl-2-picrylhydrazyl radical (DPPH+) assay and β- carotene bleaching test. In the DPPH+ assay, while the free radical scavenging activity of the oil obtained by SFME method showed percentage inhibitions of between 48.8 percent and 67 percent, the HD derived oil showed inhibitions of between 52.2 percent and 65.30 percent at concentrations of 0.33, 0.50 and 1.0 mg mL-1, respectively. In the β-carotene bleaching assay, the percentage inhibition increased with increasing concentration of both oils with a higher antioxidant activity of the oil obtained through the SFME than the HD method. Thin layer chromatography (TLC) was used to analyze the chemical composition of the extracts using three eluent solvent systems of varying polarities i. e. CEF, BEA and EMW and sprayed with vanillin-sulfuric acid. The chemical composition of the different extracts was similar with the exception of methanol and water extracts which had only one or two visible compounds after treating with vanillin-spray reagent. To evaluate the number of antibacterial compounds present in the fractions, bioautography was used against two most important nosocomial microorganisms. S. aureus (Gram positive) and E. coli (Gram negative). Nearly all the crude serial extraction fractions contained compounds that inhibited the growth of E. coli. The hexane extract had the most lines of inhibition followed by ethyl acetate. Bioassay-guided fractionation against E. coli was used to isolate antibacterial compounds. The largest number of antibacterial compounds occurred in the hexane fraction. Furthermore we tried to complete the characterization by extracting and studying other biologically important plant metabolites such as phenolic compounds to evaluate the antioxidant capacity of Rosmarinus extracts
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Widowhood and property inheritance in Zimbabwe: experiences of widows in Sikalenge ward, Binga District
- Authors: Dube, Misheck
- Date: 2008
- Subjects: Widows -- Legal status, laws, etc. -- Zimbabwe , Women -- Legal status, laws, etc. -- Zimbabwe , Inheritance and succession -- Zimbabwe
- Language: English
- Type: Thesis , Masters , M SW
- Identifier: vital:11755 , http://hdl.handle.net/10353/200 , Widows -- Legal status, laws, etc. -- Zimbabwe , Women -- Legal status, laws, etc. -- Zimbabwe , Inheritance and succession -- Zimbabwe
- Description: Zimbabwean widows need to inherit property when their husbands die. Property, be it material or financial in nature, is a source of sustenance and wealth. Depriving women of property inheritance rights has untold consequences. This study focuses on the property inheritance rights of widows in Zimbabwe in the Sikalenge Ward of Binga District. The aim of the study is to understand how property grabbing affects widows and to find possible solutions and intervention strategies social workers may use. The literature reviewed in the study was drawn from both the legal field and social work to create a link between the fields. The study was shaped by radical feminism for conceptualising property grabbing while the formulated intervention strategies utilised the empowerment model. The study is qualitative in nature using interviews to collect data from ten widows and five social service providers who constitute the total of fifteen participants in the study. Data was analysed qualitatively using interpretive approaches and presentation is textual rather than statistical. The main finding of the study is that widows are still being denied their inheritance rights despite the provision of such rights by the Intestate Succession Laws promulgated in November 1997 by the government of Zimbabwe. Moreover, the widows are not aware of the inheritance laws of Zimbabwe and hence did not seek any professional intervention. The few who attempted the legal process for recourse were not successful. Even though it was minimally attempted, the study established that the main form of failed intervention tried by the women was legal in nature and suggests and emphasises an eminent need for Social Work intervention to supplement legal intervention.
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- Authors: Dube, Misheck
- Date: 2008
- Subjects: Widows -- Legal status, laws, etc. -- Zimbabwe , Women -- Legal status, laws, etc. -- Zimbabwe , Inheritance and succession -- Zimbabwe
- Language: English
- Type: Thesis , Masters , M SW
- Identifier: vital:11755 , http://hdl.handle.net/10353/200 , Widows -- Legal status, laws, etc. -- Zimbabwe , Women -- Legal status, laws, etc. -- Zimbabwe , Inheritance and succession -- Zimbabwe
- Description: Zimbabwean widows need to inherit property when their husbands die. Property, be it material or financial in nature, is a source of sustenance and wealth. Depriving women of property inheritance rights has untold consequences. This study focuses on the property inheritance rights of widows in Zimbabwe in the Sikalenge Ward of Binga District. The aim of the study is to understand how property grabbing affects widows and to find possible solutions and intervention strategies social workers may use. The literature reviewed in the study was drawn from both the legal field and social work to create a link between the fields. The study was shaped by radical feminism for conceptualising property grabbing while the formulated intervention strategies utilised the empowerment model. The study is qualitative in nature using interviews to collect data from ten widows and five social service providers who constitute the total of fifteen participants in the study. Data was analysed qualitatively using interpretive approaches and presentation is textual rather than statistical. The main finding of the study is that widows are still being denied their inheritance rights despite the provision of such rights by the Intestate Succession Laws promulgated in November 1997 by the government of Zimbabwe. Moreover, the widows are not aware of the inheritance laws of Zimbabwe and hence did not seek any professional intervention. The few who attempted the legal process for recourse were not successful. Even though it was minimally attempted, the study established that the main form of failed intervention tried by the women was legal in nature and suggests and emphasises an eminent need for Social Work intervention to supplement legal intervention.
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