The contribution made by Mr Justice EF Watermeyer to South African tax jurisprudence
- Authors: Thackwell, Robert Colin
- Date: 2011
- Language: English
- Type: text , Thesis , Masters , MCom
- Identifier: vital:881 , http://hdl.handle.net/10962/d1001635
- Description: The objective of this thesis is to highlight the colossal contributions made by the late Justice Watermeyer to South African tax jurisprudence. His contributions are viewed from a practical application point of view as well as from a statutory interpretative perspective. The style and technique with which he delivered his judgments are also considered to be a contribution in their own right. The core of this thesis is the analysis of seven of Justice Watermeyer‟s most influential judgments. The development and application of the principle or principles developed in each of these seven judgments is then traced chronologically through case law up until recent judgments. It is most notable that each and every phrase contained in section 11(a) of the Income Tax Act has been interpreted by Justice Watermeyer. These interpretations are still viewed as correct statements of the applicable law and will continue to be referred to on a regular basis given the fact that section 11(a) is one of the most widely contested provisions in the Income Tax Act. Several references to his approach to statutory interpretation are made through the course of the case analyses. Whilst significant evidence of a purposive oriented approach to interpretation appears in some judgments, such evidence is lacking in others. An absolute or conclusive submission in terms of his approach to statutory interpretation is not sufficiently supported. His style of judgment is also referred to and commented on, with particular focus placed on his use of illustrative examples. The contribution to South African tax law by Justice Watermeyer is found to be nothing short of enormous. He was and continues to be influential with respect to section 11(a),the definition of gross income in section 1, common law principles of tax avoidance as well as the interpretation of statutory laws of tax avoidance. It is anticipated that some of his interpretations with respect to statutory rules of tax avoidance will be referred to when the relatively new anti-avoidance provisions become the subject of litigation.
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- Date Issued: 2011
The impact of the new dividend withholding tax on regulated investment intermediaries
- Authors: Schafer, Carolyn
- Date: 2011
- Language: English
- Type: Thesis , Masters , MCom
- Identifier: vital:880 , http://hdl.handle.net/10962/d1001634
- Description: The introduction of the proposed new Dividends Tax will have a significant impact on financial institutions such as Collective Investment Schemes, Linked Investment Service Providers and Long-term Insurers. The reason for this is that South African listed companies declaring local dividends will not necessarily have all the details of and know the identity of their shareholders. These financial institutions may be regarded as regulated intermediaries in terms of the new Dividends Tax legislation and therefore may have the responsibility of withholding the Dividends Tax from dividends received on behalf of their clients, who may in most cases be the beneficial owners of the underlying equity shares. The motivating factor for the research is the fact that there does not appear to be any guidance on the impact of the new Dividends Tax on financial institutions, since the Dividends Tax is new legislation. The research problem addressed in this thesis is how the systems and processes of a financial institution will be affected by the implementation of the new Dividends Tax. The research took the form of a case study designed to investigate the impact of the Dividends Tax on the financial institution at which the researcher is employed. The data required for the research was collected by means of a study of the relevant legislation enacted in connection with the topic, journal articles in financial/tax journals, as well as articles published in the media. The systems and processes presently in place, as well as the changes to these systems that will be needed to accommodate the new dividend tax were ascertained by means of in-depth interviews with relevant staff at the financial institution. In addition, the researcher also applied her personal knowledge of the business of the financial institution at which she works to the problem. As a result of the research it was determined that a Collective Investment Scheme, Linked Investment Service Provider and Long-Term Insurer will all be regarded as regulated intermediaries for the purposes of the new dividend withholding tax. This means that these financial institutions will be required to withhold Dividends Tax from dividends paid to their clients and pay this Dividends Tax so withheld to SARS. Furthermore, the findings of the research confirmed that the new Dividends Tax will have a significant impact on the client services department in areas such as notifying clients, training of client service staff, handling of declaration of exemption forms received from clients, amending client statements and tax certificates (to cater for the new Dividends Tax). In addition to this, it was ascertained that significant systems development will be required by these financial institutions in order to comply with the new Dividends Tax legislation. This would include the development of data input fields to enable users to capture the relevant information required and development of the system to enable it to flag local dividends received to which the Dividends Tax applies. The system would also need to cater for Secondary Tax on Companies credits as well as foreign tax rebates. The system should also be able to calculate the amount of Dividends Tax to withhold per dividend received by a client, as well as be able to handle the payment of the Dividends Tax to SARS and the refund to clients of Dividends Tax over deducted. It is essential that systems are able to flag the correct date of payment of the dividend so that the Dividends Tax can be paid over timeously to SARS in order to avoid interest and penalties being levied. To summarise, the new Dividends Tax has a significant impact on these financial institutions in areas such as client services, administration and system development.
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- Date Issued: 2011
The possible introduction of advance pricing agreements in South Africa income tax legislation
- Authors: Malevu, Shimane Mbuyiseni
- Date: 2011
- Subjects: Transfer pricing -- Taxation -- South Africa , Price regulation -- South Africa
- Language: English
- Type: Thesis , Masters , MCom
- Identifier: vital:8954 , http://hdl.handle.net/10948/1333 , Transfer pricing -- Taxation -- South Africa , Price regulation -- South Africa
- Description: This treatise analyses the suitability of the Advance Pricing Agreements (APA) for the South African Transfer Pricing legislation. The transfer pricing legislation places emphasis on the arm's length principle. Determining an arm's length price is problematic and as a result some countries have resorted to APA's to establish an arm's length price up-front, and thus avoid reviews and subsequent audits. The treatise first focuses on the transfer pricing provisions and other relevant applicable sections of the Act from the South African point of view, and it then examines the current status quo, i.e. the review processes used by the South African Revenue Services (SARS) as detailed in the Organisation of Economic Co-operation and Developments (OECD) Guidelines and the SARS Practice Note. Since negotiated tax treaties form part of the South Africa law, the impact of these treaties are discussed in Chapter 4. The treatise discusses in detail an APA from the OECD's point of view. It examines the objectives of an APA; the benefit and the shortcomings of using an APA. It then examines the APA request processes from a Canadian perspective and the administration of the APA from an USA perspective. The treatise examines South African trading partners using APA in transfer pricing matters, with reference to the effects and the challenges such countries face. The treatise concludes by looking at the benefits provided by use of an APA by South African major trading partners. The effect and the use of such APA will have in South Africa is also discussed and how it should be modelled; the present status quo with regard to personnel at SARS; and the possible impact the introduction and implementation will have in South Africa.
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- Date Issued: 2011
The proposed new gambling tax in South Africa
- Authors: Roberts, Justin Esrom
- Date: 2011
- Subjects: Gambling , Gambling -- Taxation , Gambling -- Taxation -- South Africa , Income tax deductions -- South Africa , Withholding tax -- Law and legislation -- South Africa
- Language: English
- Type: Thesis , Masters , MCom
- Identifier: vital:8950 , http://hdl.handle.net/10948/1639 , Gambling , Gambling -- Taxation , Gambling -- Taxation -- South Africa , Income tax deductions -- South Africa , Withholding tax -- Law and legislation -- South Africa
- Description: In the 2011/2012 Budget Speech delivered by the Minister of Finance, Pravin Gordhan, it was announced that a 15% withholding tax on gambling winnings above R 25 000 was to be introduced with effect from 1 April 2012. This treatise was undertaken to critically analyse the different elements of the proposed new withholding tax. It was established that the fiscus already benefits significantly from the gambling industry and levies and taxes from the gambling industry dwarf the revenue SARS collect from other forms of taxes such as Donations tax and Estate Duty tax. The necessity, therefore, of taxing gambling winnings in the hands of the individual is debatable. A comparison with the three foreign countries used by the Minister as an example of countries who have successfully implemented a withholding tax on gambling winnings exposed operational or other characteristics which bear no significant relationship to the situation in which the industry operates in South Africa. Probably the most significant difference is the fact that in the three foreign countries, losses are deductible and only the net gains are taxed. Although it iv could add to an already seemingly administrative-intensive legislation, it is submitted that taxing gambling winnings and ignoring losses suffered by gamblers will be disproportionately unfair towards the taxpayer. The many questions raised in this treatise illustrate the level of uncertainty still surrounding the new proposed gambling tax. It is hoped that communication will be provided by SARS as soon as possible to address the issues at hand. This would go a long way in ensuring that the implementation of the proposed withholding tax on gambling winnings is as smooth and efficient as possible.
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- Date Issued: 2011
The relationship between financial development and manufacturing sector growth: evidence from Southern African Customs Union countries
- Authors: Moshabesha, Mosili
- Date: 2011
- Subjects: Economic development -- Case studies -- Africa, Southern Entrepreneurship -- Case studies -- Africa, Southern Southern African Customs Union
- Language: English
- Type: Thesis , Masters , MCom
- Identifier: vital:990 , http://hdl.handle.net/10962/d1002725
- Description: Extensive research has been done on the relationship between financial development (FD) and growth (with the main focus on economic growth). Theoretical models and most of the conclusions reached stipulate that the development of a financial system is one of the essential ingredients for economic growth. A developed financial system is able to provide financial services efficiently to the real sector. This study examines the relationship between FD and manufacturing sector growth of the SACU countries. The study first reviews the theoretical and empirical literature of FD and growth (economic and manufacturing sector). This gives a full understanding of the topic before attempting to empirically study it. It also helps in the selection process of the model and variables to be employed in the study. A balanced panel for four SACU countries, namely Botswana, Lesotho, RSA and Swaziland, for the period 1976 to 2008 was estimated using Zellner‟s Seemingly Unrelated Regression Estimation (SURE) method. Namibia was omitted because of limited data. The SURE model was selected because it performs better than ordinary least squares (OLS) estimation of individual equations in cases where the countries studied can be affected by similar external shocks because they are in the same economic region and also have country specific structural differences which could affect their economic growth. Two measures of FD were used: credit to the private sector provided by commercial banks (FIC) and the ratio of liquid liabilities of commercial banks to GDP (LL). Manufacturing sector growth was measured by manufacturing value added to GDP. The results of the relationship between manufacturing growth and FD were very weak across the countries. The model that used FIC performed better, there was a negative significant relationship found in RSA and Swaziland, while with the model that used LL, all the countries gave an insignificant relationship. The results for Swaziland were very consistent with the past findings of the relationship between FD and economic growth in the country (for example Aziakpono (2005a)). This may be because of the high share of the manufacturing sector in GDP. Theory suggests that a well-developed financial system will have a positive impact on growth, but this was not the case in RSA and Botswana, where in some cases FD had a negative impact on the growth of the sector. The analysis of the countries‟ manufacturing sector development shows that the sector plays an important role in the economies of the SACU countries, especially in terms of employment and exports. The coefficients of trade openness are generally positive, though not significant in some cases. The other control variables gave mixed results across the counties and across the models. Based on the findings, the countries have to develop strategies that will improve entrepreneurial skills. Also the financial development in the small SACU countries is essential in order for all the sectors in the economy to benefit from the financial sector and in turn increase economic growth.
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- Date Issued: 2011
The short-term effect on shareholder wealth of banking mergers and acquisitions during periods of real economic expansion and contraction
- Authors: Kerr, Gordon Roy
- Date: 2011
- Subjects: Bank mergers , Consolidation and merger of corporations , Business cycles , Corporations -- Investor relations , Stockholder wealth , Rate of return
- Language: English
- Type: Thesis , Masters , MCom
- Identifier: vital:1108 , http://hdl.handle.net/10962/d1013442
- Description: Controversy currently exists over whether abnormal returns (ARs) are earned by shareholders of bidder and target banks through a Merger and Acquisition (M&A). The state of the economy in which the firms operate is often mentioned as a reason for firms engaging in M&As, however, the extent to which economies influence the ARs of shareholders is unknown. Following MacKinlay (1997), the aim of this study is to determine the average ARs earned or lost by shareholders of several banks around the world during an M&A. The results obtained may indicate that shareholders of bidding firms consider an M&A to be a wealth-destroying event irrespective of the state of the economy. It would seem that target firms’ shareholders consider M&As to be wealth-creating events when they occur during a period of real economic expansion. However, during periods of real economic contraction, target firms’ shareholders consider M&As to be wealth-destroying events. Thus, the state of an economy during an M&A can affect average ARs considerably.
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- Date Issued: 2011
The strategic management of intellectual capital : a case study in the banking and financial services sector in Zambia
- Authors: Banda, Japhet Mathias
- Date: 2011
- Subjects: Intellectual capital -- Management , Intellectual capital -- Zambia , Banks and banking -- Zambia , Financial services industry -- Management -- Zambia
- Language: English
- Type: Thesis , Masters , MCom
- Identifier: vital:1178 , http://hdl.handle.net/10962/d1002795 , Intellectual capital -- Management , Intellectual capital -- Zambia , Banks and banking -- Zambia , Financial services industry -- Management -- Zambia
- Description: Fundamental changes in the global economy are changing the basis of organisational competitive advantage. The challenge in attaining a competitive advantage is characterised by factors such as increased competition, market volatility, geographically dispersed operations, customer awareness, raising workforce diversity and stringent regulatory regimes. These factors have driven, and in turn have been driven by, an increasing complexity of products, services and the processes that create value, resulting in changes in the structural and functional dimensions of the organisation. Business executives and academics recognise the shift in value creating assets from the traditional land, labour and capital to intangible assets such as knowledge and information becoming the most important resources an organisation can muster.The combination and integration of intangible assets such as human resources, structural and relational resources has been grouped under the umbrella of intellectual capital. This study comprises of a single descriptive case study analysis to ascertain how intellectual capital is managed strategically to gain a competitive advantage in an organisation in the banking and financial services sector in Zambia. Based on document review and semi-structured interviews, this thesis investigated the extent to which an organisation in the banking and financial services sector in Zambia leveraged intellectual capital to gain competitive advantage. In this study it was found that there is a low level appreciation of the intellectual capital phenomenon as a strategic management tool in the participating organisation. However, the organisation has adopted aspects of intellectual capital and has implemented them successfully accounting for the organisation‘s competitive edge in the market.
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- Date Issued: 2011
Utilizing geocaching to reduce obesity and increase tourism
- Authors: Von Solms, Woudi
- Date: 2011
- Subjects: Sports and tourism , Obesity
- Language: English
- Type: Thesis , Masters , MCom
- Identifier: vital:9291 , http://hdl.handle.net/10948/d1011157 , Sports and tourism , Obesity
- Description: Tourism has social and economic benefits. Economic benefits are received through tourists visiting tourist attractions. Social benefits related to benefits tourists receive personally when visiting tourist attractions. The number of individuals that are obese are constantly increasing and leads to hazardous medical conditions. The aim of this research study was to determine the extent to which geocaching can be used to increase tourism and decrease obesity. Geocaching is similar to a treasure hunt where participant use clues and a Global Positioning System device to find a treasure that are called a cache. The cache is filled with trinkets that are exchanged by participants that find the cache. Students of the second avenue campus of the Nelson Mandela Metropolitan University were used as respondents and given information on what geocaching involve. Three geocaches were hidden in The Boardwalk Casino and Entertainment World in Summerstrand, Port Elizabeth. The respondents met at The Boardwalk Casino and Entertainment World where a clue and map was provided. After finding the cache the respondents was asked to complete an anonymous questionnaire. The results were calculated and conclusions and recommendations were made. The primary research process was conducted over too short a period of time to conclude whether it can lead to a reduction in obesity. However geocaching experience by respondents did show that the process of geocaching involves physical exercise, which is needed for losing weight. Research also indicated that respondents would like to geocache with family and friends. Geocaching with family and friends involves support which secondary research have also proven is important to losing weight and decreasing obesity. Respondents indicated that they enjoyed geocaching and would like to geocache in their free time. The indication of enjoying geocaching, participating in geocaching during free time allows travelling for leisure purposes as to geocache travelling is necessary and the majority of geocaches is hidden at tourist attractions. The combination of travelling to tourist attractions, enjoying the experience and partaking in physical exercise with family and friends involve two of the three main aspects seen as helping to reduce obesity: enjoyable physical activity and support from family and friends. The conclusion is therefore that geocaching can be utilised to increase tourism and reduce obesity.
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- Date Issued: 2011
Volatility transmission across South African financial markets: does the bull – bear distinction matter?
- Authors: Jaramba, Toddy
- Date: 2011
- Subjects: Finance -- South Africa , Financial institutions -- South Africa , Monetary policy -- South Africa , Portfolio management -- South Africa , Stock exchanges -- South Africa , Foreign exchange -- Mathematical models , Bond market -- South Africa
- Language: English
- Type: Thesis , Masters , MCom
- Identifier: vital:1106 , http://hdl.handle.net/10962/d1013396
- Description: The volatility transmission in financial markets has important implications for investment decision making, portfolio diversification and overall macroeconomic stability. This paper analyses volatility transmission across four South African financial markets that is the stock, bond, money and foreign exchange markets, using daily data for the period 2000-2010. It also shows whether the volatilities in the SA financial markets present a different behaviour in bull and bear market phases. The effects of the international markets volatility to the local markets volatility was also looked at in this study. To obtain estimates of market volatility, the study experimented with various volatility models that include the GARCH, EGARCH and TARCH. To examine volatility interaction and the transmission of volatility shocks, a VAR model was estimated together with block exogeneity, impulse response and variance decomposition. The study found that there is limited volatility transmission across the SA financial markets. The study also found that the money market is the most exogenous of all markets since the other three financial markets volatility is insignificant to the money market (see impulse response results). For the bond market, volatility transmission was characterized with a decreasing trend. With regard to international markets volatility, it concluded that, the shocks in the international markets will eventually affect the movement in the local markets. The results also highlighted that, world and local markets are important in accelerating the volatility transmission in SA financial markets depending on whether they are in their bull or bear phases. In the case of South Africa, the study found that volatility transmission across markets is higher during bear market periods than bull market periods. Basing on the study results which show that the volatility transmission is limited across SA financial markets, the implication to local and international investors is that there is a greater potential for diversifying risk by investing in different South African financial markets.
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- Date Issued: 2011
Willingness to pay for water quality changes in the Swartkops Estuary
- Authors: Magobiane, Siyathemba Emmanuel
- Date: 2011
- Subjects: Water quality -- South Africa -- Eastern Cape -- Swartkops Estuary , Water quality -- Management , Estuaries -- South Africa -- Swartkops River
- Language: English
- Type: Thesis , Masters , MCom
- Identifier: vital:9000 , http://hdl.handle.net/10948/d1011505 , Water quality -- South Africa -- Eastern Cape -- Swartkops Estuary , Water quality -- Management , Estuaries -- South Africa -- Swartkops River
- Description: South Africa, like the rest of the world, is vulnerable to the impact of climate change and loss of biodiversity. Water pollution is one of the six global threats to freshwater biodiversity. The future health status and productivity of South Africa’s estuaries is dependent on two main factors: management and quality and quantity of freshwater inputs. South Africa has around 250 functioning estuaries along its 3000 km coastline (Hosking 2004). They play an invaluable role in ecosystem functioning and biodiversity conservation. Estuaries are amongst the richest and most productive parts of the marine environment and as such call for careful management. Some of these ecosystems are focus areas for urban an industrial development. Urbanization and industrialization pose a serious threat to these sensitive systems. Increased water pollution from domestic use, industry and agriculture affect the ecology of these estuarine, river and lake systems. A large number of South African estuaries are still in excellent or good condition, but these are mainly the very small systems. The larger systems, like the Swartkops estuary, often very important in terms of conservation value, are also often compromised in some way or other. The reasons why they are compromised include habitat destruction, artificial breaching and pollution, especially those close to urban areas. This situation is aggravated by outdated and inadequate sewage treatment plant infrastructure and unskilled operators that dispose untreated waste into these systems. Pollution into estuaries can result in the partial loss of the environmental service flows supplied by them. The result of lost environmental service flows has adverse consequences, such as diminished residential and holiday recreational appeal, as well as reduced capacity to support subsistence livelihoods. Poor water quality not only limits its utilisation value, but is also places added economic burden on society, through both the primary treatment costs and the secondary impacts on the economy. Healthy estuarine ecosystems are essential for the maintenance of biodiversity and a wide range of environmental goods and services. Without a drastic improvement in water quality management approaches and treatment technologies, the continuous deterioration in water quality will decrease benefits and increase costs affiliated with use of these water resources.The market-based system of the South African economy has to a large extent failed to account for the value of the “free” goods and services provided by the natural environment. When the true value of the natural resources is unknown, there is a risk that less financial resources and capacity are made available to manage and protect these natural resources than is efficient. To ensure that these goods are properly taken into account, they must be valued and these values incorporated in social decision making. This study uses the contingent valuation method (CVM) to establish the value of the Swartkops estuary for changes to water quality. The CVM is a non-market valuation method that is widely used in cost-benefit analysis and environmental impact assessment. The CVM establishes the economic value of the good by asking the users of an environmental good to state their willingness to pay for a hypothetical scenario to prevent, or bring about, certain changes in the current condition of the environmental good. This method is subjected to some criticism. This criticism revolves around the validity and the reliability of estimated results and the effects of various biases and errors on them. The North Oceanic and Atmospheric Administration (NOAA) Blue-Ribbon panel investigating the validity of the CVM resolved that the CVM can be used to guide social decision making, if a series of guidelines are followed. The Swartkops contingent valuation (CV) was conducted with these guidelines in mind. The results of the Swartkops CV indicate that the user population has a total willingness to pay (TWTP) of R68848 (median bid) and R203632 (mean bid) annually for the implementation of a project to improve the water quality in the Swartkops estuary. User population is an important determinant of the TWTP value. As a result, using a more broadly defined user population, TWTP per annum was calculated to be R3481987 (median bid) and R10298688 (mean bid). Management of natural resources should be informed by values that reflect efficient balances, so as to obtain the most efficient use of them (Trupie 2008). Polluted water inflows into South Africa’s estuaries are a threat to their biodiversity. Healthy estuarine ecosystems are essential for the maintenance of biodiversity and human well-being (Water Assessment Programme Report 2006: 15). As a result, this study recommends that a project be implemented by the Nelson Mandela Bay Municipality to improve water quality in the Swartkops estuary.
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- Date Issued: 2011
A critical analysis of the distintion between mining and manufacturing for South African income tax purposes
- Authors: Cloete, Loriaan
- Date: 2010
- Subjects: Mining corporations -- South Africa , Income tax -- South Africa , Income tax -- Law and legislation -- South Africa , Mining law -- South Africa
- Language: English
- Type: Thesis , Masters , MCom
- Identifier: vital:8948 , http://hdl.handle.net/10948/1344 , Mining corporations -- South Africa , Income tax -- South Africa , Income tax -- Law and legislation -- South Africa , Mining law -- South Africa
- Description: "Mining operations" and "mining" are defined in s 1 of the Income Tax Act (ITA). A concept that is of great significance to this definition is the matter of when a mineral is won and the related question of when does the mining process end and the process of manufacture commences. Case law has not established a definitive point that can be used by the mining taxpayer to determine where the mining process ends for income tax purposes. The Supreme Court of Appeal was presented with the perfect opportunity in the Foskor1 case to clearly define the boundaries between these processes. Unfortunately, the court did not seize this opportunity to provide legal certainty. The significance of the distinction lies in the fact that a mining taxpayer is allowed to claim accelerated capital allowances. The objective of these allowances is to provide tax relief to the mining taxpayer taking the immense risk of investing billions of rands in capital expenditure. The capital expenditure incurred will also result in direct foreign investment. This in turn will result in economic growth and job creation. Currently, there is no legal certainty as to which processes will qualify as mining operations for income tax purposes. This may result in mining taxpayers being hesitant to incur capital expenditure as the risk relating to a project would have increased. The accelerated capital allowances may therefore not serve their intended purpose. The gross domestic product (GDP) contribution from gold mining has been decreasing in the last number of years, but this decrease has to a large extent been offset by an increase in the downstream or beneficiated minerals industry. This industry has also been identified by Government as a growth sector. The downstream or beneficiated mineral industry may not be catered for in the current definition of "mining operations" and "mining" and may therefore not qualify for beneficial tax allowances. It is therefore proposed that the term "won" as used in the definition of "mining operations" and "mining" should be defined in s 1 of the ITA as follows: A mineral is "won" when all the requisite and necessary processes, including, amongst other things, refinement, beneficiation, smelting, separation, have been undertaken to the mineral to render it saleable in an open and general market. This extension will provide legal certainty to a mining taxpayer and will ensure that South Africa obtains direct foreign investment and maximum value for its minerals. This will contribute to economic growth for South Africa's developing economy and result in job creation.
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- Date Issued: 2010
A critical analysis of the income tax implications of persons ceasing to be a resident of South Africa
- Authors: Loyson, Richard Michael
- Date: 2010
- Subjects: Income tax -- South Africa , Double taxation -- South Africa , Aliens -- Taxation -- South Africa , Capital gains tax -- South Africa , Citizenship -- South Africa , Emigration and immigration law -- South Africa
- Language: English
- Type: Thesis , Masters , MCom
- Identifier: vital:8957 , http://hdl.handle.net/10948/1180 , Income tax -- South Africa , Double taxation -- South Africa , Aliens -- Taxation -- South Africa , Capital gains tax -- South Africa , Citizenship -- South Africa , Emigration and immigration law -- South Africa
- Description: Over the last 10 years the South African fiscus has introduced numerous changes to the Income Tax Act (ITA) which affect the income tax implications of persons ceasing to be a resident of South Africa. The two main changes were: - The introduction of a world-wide basis of taxation for residents - The introduction of capital gains tax (CGT) as part of the ITA The aim of this treatise was to identify the income tax implications of persons ceasing to be a resident of South Africa. Resulting from this research, several issues in the ITA have been identified, and the two major ones are summarised below. Firstly, upon the emigration of the taxpayer, there is a deemed disposal of a taxpayer’s assets in terms of paragraph 12 of the Eighth Schedule. It is submitted that the resulting exit tax may be unconstitutional for individuals. It is recommended that South Africa should adopt the deferral method within its domestic legislation for individuals who are emigrating. The deferral method postpones the liability until the disposal of the asset. Secondly, on the subsequent disposal of assets by former residents where there was no exit charge in terms of the exemption under paragraph 12(2)(a)(i) of the Eighth Schedule. Depending on the specific double tax agreement (DTA) that has been entered into with the foreign country, taxpayers have been given vii the opportunity to minimise or eliminate the tax liability with regard to certain assets. This should be of concern from the point of view of the South African government. Further issues noted in this treatise were the following: - It is submitted that the term ‘place of effective management’ has been incorrectly interpreted by SARS in Interpretation Note 6. - It is further submitted that the interpretation by SARS of paragraph 2(2) of the Eighth Schedule is technically incorrect. The above issues that have been identified present opportunities to emigrants to take advantage of the current tax legislation. It is further recommended that taxpayers who are emigrating need to consider the South African domestic tax law implications, respective DTA’s, as well as the domestic tax laws of the other jurisdiction, not only on the date of emigration but also on the subsequent disposal of the respective assets.
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- Date Issued: 2010
A service-oriented approach to implementing an adaptive user interface
- Authors: Senga, Emile
- Date: 2010
- Subjects: User interfaces (Computer systems) , Service-oriented architecture (Computer science)
- Language: English
- Type: Thesis , Masters , MCom
- Identifier: vital:9287 , http://hdl.handle.net/10948/1091 , User interfaces (Computer systems) , Service-oriented architecture (Computer science)
- Description: Service-oriented architectures (SOA) are being adopted by organisations in order to integrate disparate computational assets. A major hurdle they face is the decision on how to integrate the UI in an SOA. In addition, technological advances have allowed complex applications and complex user interfaces (UIs) to be realised and the increase in accessibility to computers enables a diverse population of users with different characteristics, preferences and needs to use these complex computer applications. Adaptive user interfaces (AUIs) have been proposed as a solution to cater for the differences in user traits by adapting the UI to meet the diverse needs of users. AUIs have, however, traditionally been developed using client/server architectures This research, therefore, set out to investigate how to develop an AUI using a service-oriented architecture (SOA). In order to successfully achieve the goal of this research, literature concerning SOAs was investigated to gain an understanding of SOAs. A literature review of AUIs was also undertaken to gain an understanding of AUIs. A model-based approach was used to develop a model for UI adaptation using knowledge gained in the literature reviews. The model generates different UIs depending on various users‘ inferred level of expertise. The model describes the interaction between AUI services that use design-time documents and run-time user-interaction to adapt the UI. A prototype of the model was implemented and evaluated using an evolution strategy devised to assess different aspects of the research. The evaluation strategy proved the following: The service components of the prototype adhere to SOA design principles; The implementation was effective based on software engineering metrics; and, The implementation was usable and did not negatively affect the performance of users. The successful implementation of the prototype provides evidence that the design of AUIs using SOA is feasible. This dissertation therefore makes a contribution to the development of AUIs using SOAs. The model could be used to provide UI adaptation for business software applications.
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- Date Issued: 2010
An economic analysis of the 2007 SCB conference
- Authors: Wait, Requier
- Date: 2010
- Subjects: Biodiversity conservation -- Economic aspects -- South Africa , Conservation biology -- South Africa , Biology -- Societies, etc , Managerial economics -- South Africa
- Language: English
- Type: Thesis , Masters , MCom
- Identifier: vital:8981 , http://hdl.handle.net/10948/1131 , Biodiversity conservation -- Economic aspects -- South Africa , Conservation biology -- South Africa , Biology -- Societies, etc , Managerial economics -- South Africa
- Description: The Society for Conservation Biology held their 21st annual conference in Port Elizabeth during July 2007. This was the first SCB conference hosted on the African continent. Over 1500 conservation professionals and students from throughout the world were brought together by the SCB annual meeting. The local organizing committee was interested in the economic impacts associated with the conference and approached the NMMU Economics Department to conduct an economic impact assessment of the conference. The Economics Department invited the researcher to undertake this study towards obtaining an MCom degree in Economics. The economic impact of conferences stems from two sources, namely: expenditure by delegates (the demand-side) and the expenditure by conference organizers (the supply-side). The study focused on the economic impacts of the conference for the Eastern Cape. The conference expenditure produced an increase in demand in the Eastern Cape. Only new expenditure originating from outside the Eastern Cape were considered. An increase in the demand for one industry’s output will create additional demand for the outputs of its supplying industries, because industries are connected through forward and backward linkages. These inter-industry linkages produce a multiplier effect. The initial direct conference expenditure created secondary impacts. The latter were indirect and induced expenditures. In addition to secondary impacts, the SCB conference produced spill-over impacts. The spill-over impacts of the conference were noted (but not quantified). The expenditure by delegates was determined by means of a delegate expenditure questionnaire conducted during the conference. The expenditure by the conference organizers was determined in consultation with the organizers, using their financial statements. The multiplier impacts were estimated by means of an input-output (IO) analysis, using a Social Accounting Matrix (SAM) of the Eastern Cape as the underlying database. These multipliers (Type 1 and 2 multipliers) were estimated using open and closed multiplier models. It was deduced that the 2007 SCB conference created a significant and positive net economic impact in the Eastern Cape. The total direct cash injection of the conference was R12.141 million. Using a Type 1 multiplier this direct stimulus is estimated to have caused an extra R16.502 million increase in gross output. Using a Type 2 multiplier this direct stimulus was estimated to have caused a R19.884 million increase in gross output. The total cash injection of the conference contributed R6.093 million to GVA in terms of a Type 1 multiplier and a R7.344 million increase in GVA in terms of a Type 2 multiplier. Household incomes in the Eastern Cape were increased by R3.384 million. These results confirm that the hosting of major events and conferences is indeed a tool for promoting regional economic development.
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- Date Issued: 2010
Copreneurships in South African small and medium-sized family business
- Authors: Eybers, Carey
- Date: 2010
- Subjects: Couple-owned business enterprises , Family-owned business enterprises -- Succession -- South Africa , Entrepreneurship -- South Africa , Small business -- South Africa
- Language: English
- Type: Thesis , Masters , MCom
- Identifier: vital:9285 , http://hdl.handle.net/10948/1207 , Couple-owned business enterprises , Family-owned business enterprises -- Succession -- South Africa , Entrepreneurship -- South Africa , Small business -- South Africa
- Description: Taking cognisance of the increasingly important role that copreneurial businesses play in national economies, the unique challenges that they face, and the lack of research attention given to such spousal teams, the purpose of this study was to contribute to the more effective functioning of copreneurships in South Africa by identifying the factors that impact on their success. Consequently, the primary objective of this study was to investigate the factors that influence the Perceived success of copreneurships in South Africa, as well as the conditions required for the effective and harmonious functioning of such spousal partnerships. This study seeks to incorporate previous findings and studies on team effectiveness and spousal relationships into a comprehensive conceptual model. After conducting a comprehensive literature study, as well as examining the different teamwork models proposed and the study by Farrington (2009), it became clear that successful teams have validated their proficiency with regard to two types of factors, namely, relational-based and organisational-based factors. Within these two categories of factors, 14 independent variables were identified and hypothesised to influence the measures of effectiveness of copreneurships, namely the dependent variable Perceived success; and the intervening variable Financial performance. All of the factors in this study were clearly defined and operationalised. Reliable and valid items sourced from Farrington’s (2009) measuring instrument, as well as several measuring instruments used in other studies, were used in the operationalisation of these factors. In addition, several items were self-generated from secondary sources. Respondents were identified using the convenience snowball sampling technique, and a structured questionnaire was made available to them. The data gathered from the 380 usable questionnaires was subjected to various statistical analyses. The validity and reliability of the measuring instrument was confirmed by means of an exploratory factor analysis, and Cronbach-alpha coefficients were calculated for this purpose. The original intervening variable Financial performance could not be confirmed as originally intended in the conceptual model. Instead, Financial performance split into v two separate variables which were named Financial performance and Growth performance. The original dependent variable Perceived success was confirmed by the factor analyses. The relational- and organisational-based factors could not be confirmed as originally intended in the conceptual model. Instead, seven new relational- and seven new organisational-based factors emerged, and where necessary these factors were renamed. The primary statistical procedure used to test the significance of the relationships hypothesised between the independent and dependent variables in this study, was Structural Equation Modelling (SEM). Owing to the sample-size restrictions, the conceptual model could not be subjected to SEM as a whole. Instead, seven submodels were identified and subjected to further analysis. The following independent variables were identified as influencing the dependent and intervening variables in this study: • Spousal relationship • Commitment to spouse • Equal status • Commitment to the business • Emotional attachment • Non-family involvement • Personal needs alignment • Leadership • Competencies • Internal context In order to investigate the influence of the various demographic variables on the intervening and dependent variables, an Analysis of Variance (ANOVA), Multiple Linear Regression analysis and t-tests were performed. How leadership occurs in a copreneurial business, the tenure of the business, the location of the business, the status of the copreneurship, the level of spousal involvement in the business and the vi number of employees were found to have an influence on the intervening and dependent variables of this study. By empirically investigating copreneurships, this study has added to the limited amount of family business literature on these complex partnerships. By way of the conceptual models developed in this study a significant contribution has been made towards understanding the factors influencing the success of copreneurships. As a result, this study presents recommendations and suggestions to assist couples in managing their copreneurships in such a way as to nurture their marriage relationships and at the same time enhance the performance of their businesses.
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- Date Issued: 2010
Day-of-the-week effect : evidence from nine sectors of the South African stock market
- Authors: Mbululu, Douglas
- Date: 2010
- Subjects: Stock exchanges -- South Africa , Johannesburg Stock Exchange , Stocks -- Prices -- South Africa
- Language: English
- Type: Thesis , Masters , MCom
- Identifier: vital:1024 , http://hdl.handle.net/10962/d1002759 , Stock exchanges -- South Africa , Johannesburg Stock Exchange , Stocks -- Prices -- South Africa
- Description: The day-of-the-week effect in share prices is one of the most extensively researched anomalies, especially in developed markets. However, emerging African stock markets have received little attention in this regard. This study breaks new ground in using non-parametric tests directly on skewness and kurtosis to examine whether the day-of-he-week effect exists in nine listed stock market sector indices of the JSE Securities Exchange of South Africa (JSE). Different day-of-the-week effects were found to be present in the statistical moments of returns of these nine JSE sectors
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- Date Issued: 2010
Derivatives in emerging markets: a South African focus
- Authors: Schwegler, Stefan
- Date: 2010
- Subjects: Derivative securities , South Africa -- Economic conditions -- 21st century
- Language: English
- Type: Thesis , Masters , MCom
- Identifier: vital:9281 , http://hdl.handle.net/10948/1401 , Derivative securities , South Africa -- Economic conditions -- 21st century
- Description: This research focused on derivative instruments which are financial securities whose values are derived from the values of underlying assets, such as shares, bonds, currencies or interest rates. Derivatives are predominantly used to manage risks in portfolios (hedging) and trading (speculation). Derivatives have been used for centuries and have developed into one of the largest global financial markets. The most common derivative instruments available to investors are options, futures, swaps and contracts for difference, as they are fairly easy to understand and apply. During the 2008/2009 global financial crisis derivatives, especially credit derivatives, made headlines and although they did not cause the crisis, they accelerated it. Furthermore, the 2008/2009 financial crisis also increased the negative sentiments many investors have towards derivatives. As a result of the crisis the growth in the global derivatives market came to a halt for the first time in decades. In light of the above, the primary objective of this study was to gain a deeper understanding of derivatives trading in emerging markets, especially in the South African context, as these financial securities are very useful portfolio management tools. The aim of this study was to describe the current state of the South African derivatives market; to investigate the role that derivative instruments played in the 2008/2009 global financial crisis; and to identify the variables influencing investors’ decisions whether or not to include derivatives in their portfolios. Given the nature of the problem stated a qualitative or phenomenological research paradigm was adopted. This paradigm was deemed suitable given the exploratory nature of the research. Primary and secondary data for this study were obtained through semi-structured personal interviews with 21 experts in the South African financial services industry and through an extensive literature review, respectively. A research instrument, based on the literature review was developed to facilitate the interviewing process. The results of the empirical investigation show that although the majority of respondents use derivative instruments in managing their portfolios, the South African derivatives market is still in its development phase. Many investors do not use derivatives frequently as they lack knowledge about derivative instruments, receive uncompetitive prices, are restricted by rules and regulations as well as investment mandates. Fourteen variables were identified as having a possible impact on investors' decisions whether or not to use derivatives in their portfolios. The five variables identified in the empirical investigation as being the most important, were the level of information available and the transparency of price determination; investor’s knowledge of different derivative instruments; investor’s level of risk tolerance; the level of liquidity in the market; and investor's knowledge and familiarity with financial markets. The findings of this study suggest that financial institutions, selling and trading derivative instruments, should concentrate on these five variables to make derivatives more attractive investment alternatives for investors. In order for South African investors to consider derivatives as suitable investments more often, it is strongly recommended to educate investors better about these products and decrease the negative sentiments investors have towards derivatives. This should be done by showing and explaining to investors that derivatives are useful hedging and portfolio management tools. It is necessary to state the dangers and benefits of derivatives, as well as the features differentiating them. Financial institutions trading derivative instruments, local education facilities (e.g. universities) and financial markets related organisations should educate investors by providing various educational tools, such as online courses, booklets, seminars or presentations about derivative products on offer. Furthermore, it is highly recommended to make derivative markets more transparent through adequate and appropriate regulations. In that, investors are better protected from counterparty risks and trade in a safer environment due to clearing houses.
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- Date Issued: 2010
Farm wages and working conditions in the Albany District, 1957-2008
- Authors: Roberts, Tamaryn Jean
- Date: 2010
- Subjects: Agricultural laborers -- South Africa -- Eastern Cape , Agricultural wages -- South Africa -- Eastern Cape , Agricultural laborers -- Legal status, laws, etc. -- South Africa , Agricultural laborers -- Protection -- South Africa , Agricultural laws and legislation -- South Africa , Labour laws and legislation -- South Africa , Labour economics -- South Africa
- Language: English
- Type: Thesis , Masters , MCom
- Identifier: vital:978 , http://hdl.handle.net/10962/d1002712
- Description: Agriculture is a major employer of labour in South Africa with about 8.8% of the total labour force directly involved in agricultural production (StatsSA, 2007a). Farm wages and working conditions in the Albany district were researched in 1957 by Roberts (1958) and 1977 by Antrobus (1984). Research in 2008, involving face-to-face interviews of a sample survey of 40 Albany farmers, was undertaken to update the situation facing farm labourers and allowed for comparisons with the work previously done. Farm workers were governed by common law until 1994 when the government intervened with legislation. The introduction of the Basic Conditions of Employment Act (1997) for farm workers, amended in 2002 to include minimum wage legislation, and the Extension of Security of Tenure Act (ESTA) of 1997 impacted the supply and demand of farm workers. Other impacts have been due to the Albany district experiencing an increase in the establishment of Private Game Reserves and game-tourism with a simultaneous decline in conventional farming. It was concluded from the survey conducted that minimum wage legislation decreased the demand for regular and increased the demand for casual labour, which incur lower costs including transaction costs, than their regular counterparts. The ESTA of 1997 contributed to a decreased number of farm residents, which had spin-off affects on the supply of labour. Farmers experienced a simultaneous price-cost squeeze, which furthermore decreased the demand for labour. Studying the working and living conditions showed that farm workers had limited access to educational and recreational facilities which negatively impacted the supply of labour.
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- Date Issued: 2010
Motivation and complexity : an exploration of a complexity approach in employee motivation with specific focus on a Lacanian model of desire
- Authors: Botha, Anton Ivan
- Date: 2010
- Subjects: Employee motivation , Employee morale , Incentive awards
- Language: English
- Type: Thesis , Masters , MCom
- Identifier: vital:9400 , http://hdl.handle.net/10948/1232 , Employee motivation , Employee morale , Incentive awards
- Description: Since employee motivation contributes to overall organisational success, reliable motivation theory should inform management and reward practices. Yet, motivation theory is currently in a state of paralysis, with no constructive theorising taking place. Analysis of its methodological presuppositions reveals that it relies on out-dated binary thinking, prioritising, e.g. either a ‘machine-like’ (body driven) or ‘god-like’ (rationally driven) understanding of humanity. In this study it is argued that the revival of motivation theory requires a paradigmatic shift towards a complexity methodology because human motivation was found to be a complex system and must be theorised accordingly. It was found that McAdams’ theory of personality which brought together personality traits, conditioning, and motives could form the basis of a complex theory of motivation. On this basis, a complex model was developed which incorporated elements of existing motivational theories. This model proposed that drives, which motivate behaviour, are a combination of instincts, needs, and desires, mediated by personality traits, rational processing, and conditioning. All of these interconnected elements, as well as biological and environmental conditions, have an impact on, and are influenced by one another. For the purposes of understanding employee motivation the element of desire was isolated as a potential means to value segment employees. A Lacanian theory was utilised to elaborate on the element of desire. This theory postulated that individuals tend to display a dominance is one of nine kinds and modes of desire. An instrument was developed to test the applicability of the Lacanian model. It was developed in five phases which included three pilot studies and two samplings. A total of 591 respondents participated in the empirical research study with 428 in the first sample and 70 in the second; the remaining 93 made up the pilot studies. Unlike the initial version of the instrument used in the first sample (n=428) the data obtained by the last version (n=70) revealed that the instrument held some form of reliability and validity. Once analysed through descriptive and inferential statistics the data supported the view that individuals tended to display dominance in a kind and mode of desire as per the Lacanian model, and sufficient variance existed to preliminarily conclude that this model could be used as a means to value segment employees. Recommendations were as follows: (1) that complexity methodology should inform future motivation theorising, (2) that the proposed complexity models be further empirically tested, (3) that an adequately complex, flexible rewards system be considered, (4) that both managers and employees make use of the developed instrument to aid them in the selection of rewards that will lead to increased satisfaction.
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- Date Issued: 2010
Servant leadership principle as part of the corporate philosophies of companies
- Authors: Du Plessis, Francine
- Date: 2010
- Subjects: Leadership -- South Africa -- Eastern Cape , Servant leadership -- South Africa -- Eastern Cape
- Language: English
- Type: Thesis , Masters , MCom
- Identifier: vital:9283 , http://hdl.handle.net/10948/1359 , Leadership -- South Africa -- Eastern Cape , Servant leadership -- South Africa -- Eastern Cape
- Description: This research provides insight into the servant leadership principles that are found in the mission, vision and values statements of companies. The primary purpose of this study is to investigate the corporate philosophies of companies to ascertain whether it contains servant leadership principles and thus to what extent these companies may utilise these principles. Mayer, Bardes and Piccolo (2008) state that servant leaders are lead by a moral orientation, which results in the likelihood of them engaging in ethical practices and being unbiased in the decision-making process. The lack of moral and ethical behaviour by leaders indicates that there is a need for a leadership method that is based on ethical practices and moral behaviour. Trompenaars and Voerman (2009) noted that companies who have implemented servant leadership are successful as a result. Spears (2004) indicated that the corporate philosophy of a company should reflect its leadership. This study will therefore aim to identify whether servant leadership principles are evident in the corporate philosophies of companies by using a framework developed to investigate servant leadership. A mixed method empirical research design was applied, using published financial statements to analyse the corporate philosophies of companies. Convenience sampling was used to identify a sample of 100 companies. Fifty companies from the top 200 listed companies at the Johannesburg Stock Exchange in South Africa (JSE) and another fifty companies from the top 100 listed companies at the New York Stock Exchange (NYSE) were included in the sample. The values statements, missions and visions of each company were qualitatively analysed and coded. This resulted in a set of data that could be quantitatively analysed. The results show that the majority of the sample as a whole displayed at least five out of the ten servant leadership principles. The JSE sample only displayed five out of the ten xv servant leadership principles compared to the NYSE sample that displayed seven out of the ten. There was also no statistical significant difference between the results of the respondent companies of the two stock exchanges. The JSE sample referred mostly to the servant leadership principle of Integrity, while the NYSE sample referred mostly to Employee empowerment and development. It can be concluded that servant leadership principles are indeed present in the corporate philosophies of companies listed on both the JSE and the NYSE. However, these principles are present in varying degrees. This study provides research on servant leadership principles by providing an international comparison of the missions, visions and values statements of companies in two countries. The framework developed to investigate servant leadership principles can thus be further extended and used to investigate whether businesses in general are employing these principles.
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- Date Issued: 2010