Enhancing private enforcement of Australia's corporate continuous disclosure regime: why unshackling litigation funders makes eminent sense

With a view to protecting the interests of investors in public companies more effectively, current Australian corporate law imposes on certain market participants a duty of continuous disclosure of key financial and other information concerning the business and affairs of a company. This is designed to promote transparency and, ultimately, foster a fair, efficient and competitive capital market environment. If this lofty objective is to be achieved, it is imperative that the law relating to continuous disclosure is robustly enforced. Private parties can play a significant role in this regard. By complementing the enforcement efforts of public regulatory authorities, the private enforcement process increases the chances that violations of the law will be found out and pursued. In the recent case of Brookfield Multiplex Limited v International Litigation Funding Partners Pte Ltd (2009) 27 ACLC 1610; [2009] FCAFC 147, the Full Federal Court of Australia considered shareholder class litigation facilitated by commercial litigation funders to challenge an alleged failure to observe the continuous disclosure laws. The majority made a finding characterising the actions of the class litigants, their lawyers and the litigation funders as giving rise to a managed investment scheme subject to regulation under the Corporations Act 2001 (Cth). If allowed to stand, this decision has the potential to discourage the funding of private litigation seeking to challenge suspected contraventions of the continuous disclosure regime. A reduction in private enforcement is, in turn, likely to lead to less than optimum enforcement of the law. As well, unless reversed, the decision is likely to discourage the use of the class action procedure in proceedings seeking to enforce the law in this area. Given the important role that class actions play in resolving in one law suit the claims of numerous individuals having a common legal position, the decision is apt to undermine judicial efficiency. These are very weighty matters. In order to overcome these problems, the Commonwealth Government has announced its intention to introduce reforms to alleviate the regulatory burden introduced by the Full Federal Court. This development is most welcome. By reforming the law to remove the undesirable effects of the Multiplex decision, policy makers will serve the interests of investors and society generally better. This paper considers the impact of the Multiplex decision and explores ways in which the law can be reformed to overcome its effects

Business ethics in Ugandan small and medium-sized enterprises

SMEs have been acknowledged by governments globally as a prime source of economic growth and development. In Africa there has been a noticeable increase in the number of SME establishments. In Uganda, SMEs are the most popular business choice and play a major role in the national economy. Although SMEs significant economic contributions are generally acknowledged, being ethical and successful has become a challenge, as many SMEs in Uganda have not fully adopted and integrated ethics into their business strategies. Understanding the reasons for the increased unethical behaviour in SMEs is central to their continued business success. The primary objective of the study was to investigate the factors that influence ethical business conduct in Ugandan SMEs. From a comprehensive literature review, three main independent variables (staff-, business- and external environment factors) were identified as variables influencing ethical business conduct (dependent variable) of SMEs. A hypothetical model was developed to determine whether the independent variables have an influence on the dependent variable. Twelve hypotheses were formulated to test the relationships between three staff factors, five business factors, four external environment factors and ethical business conduct. The study sought the perceptions of SME owners or managers in the Kampala District and utilised the quantitative research paradigm. A survey was conducted with the aid of a structured self-administered questionnaire distributed by three fieldworkers. A combination of convenience and snowball sampling was utilised. The final sample comprised 384 respondents. The validity of the measuring instrument was ascertained by using exploratory factor analysis. The Cronbach‟s alpha values for reliability were calculated for each of the factors identified during the exploratory factor analysis. A total of ten valid and reliable factors were retained. Pearson product-moment correlation and multiple regression analysis were used to test the correlation and statistical significance of the relationships hypothesised between the various independent and dependent variables. One statistically significant relationship was found between the staff factors (employee attitude) and ethical business conduct. Two statistically significant relationships were found between the business factors (knowledge acquisition and management practices) and ethical business conduct. Three statistically significant relationships were found between the external environment factors (legal requirements, industry norm and media power) and ethical business conduct. External environmental factors seem to have a greater influence on SME ethical business conduct in Uganda. Multivariate Analysis of Variance (MANOVA) was used to identify if significant relationships exist between the eight demographic variables and seven reliable and valid independent variables. Furthermore, post-hoc Scheffé tests identified where the significant differences occurred between the different categories. Cohen‟s d-values were calculated in order to assess the practical significance of the mean scores. A total of twelve practical significant relationships were identified. SME owners or managers should consider employing staff with the right attitude to uphold sound ethical business values. They should implement ethical management practices to promote ethical business conduct amongst employees and ensure that employees are made aware of what is regarded as acceptable ethical business behaviour. SME owners or managers should adhere to legal requirements and industry norms to be known as businesses exhibiting ethical behaviour and utilise media to instil and guide ethical values in employees. Lastly, they must pay attention to the role that demographical variables such as: gender, level of education, current employment status, number of years in business and number of employees, play in behaving ethically in business

Silence and Its Implication in Criminal Proceedings: A Comparative Analysis of the English, Ugandan and Islamic Laws

It is an undeniable fact that dispensation of justice is the primary objective of every legal system. This objective, however, can only be achieved when there is a fair hearing and the accused is granted the right to defend himself against any allegation made against him. Controversy, however, arises when he chooses to keep silent, as to whether this silence means acceptance of the allegation or not. This paper examines the right of the accused to silence, its origin and implication in criminal proceedings. It makes a comparative analysis of the English, Ugandan and Islamic Laws. It draws a conclusion that the right to silence is firmly grounded in the three legal systems, but an inference may be drawn in certain circumstances which might be used to implicate the accused. Keywords: right to silence, implication of silenc

Circumstantial Evidence and Its Admissibility in Criminal Proceedings: A Comparative Analysis of the Common Law and Islamic Law Systems

There are two basic forms of evidence that may be admitted in courts of law; one, direct evidence which does not require any inference to arrive at a conclusion to be drawn from the evidence, and this includes eye witness and confession, and two, indirect evidence which is also known as circumstantial evidence, which requires an inference to be made in order to arrive at a conclusion to be drawn from the evidence. The perception among the public is that circumstantial evidence is an inferior form of evidence which carries less weight than direct evidence. One sometimes hears persons who have been convicted of an offence affirm their intention to appeal against a conviction as the evidence was only circumstantial. The situation is worse when it comes to its admissibility under Islamic law. The general perception is that circumstantial evidence is inadmissible in criminal proceedings under Islamic law system. This paper, therefore, examines the significance and admissibility of circumstantial evidence in criminal proceedings. It makes a comparative analysis of the Common law and Islamic law systems. It finds out that circumstantial evidence is admissible in all cases in Common law system, while in Islamic law system; Muslim jurists hold different views with regard to its admissibility in Huduud and Qisaas cases. It draws a conclusion that although Muslim jurists hold different views, the soundest view is its admissibility in all cases including Huduud and Qisaas. This is because what is important in a conviction is proof which satisfies court that the accused is guilty of the crime against him or her, and circumstantial evidence is among the proof. As a general rule, the value of circumstantial evidence lies in its cumulative value; while a single item may not be enough to satisfy court of the guilt of the accused, several items taken together may carry enough probative force to justify a conviction. Keywords: indirect evidence, circumstantial evidence, inference, Huduud, Qisaas, cumulative value, probative force

Leadership and gender : exploring female students’ lived experiences of leadership in Ugandan public University Councils.

Doctoral Degree. University of KwaZulu-Natal, Durban.Female student representatives on public university councils in Uganda are elected student leaders who are part of the highest supreme organ in the University. The study aimed at exploring female students’ lived experiences of leadership in Uganda’s public universities. The study specifically attempted to answer four research questions: who the female student leaders participating in public university councils in Uganda were; how they experienced relating with other council members; the challenges they experienced; and the lessons that could be drawn about gender and leadership from the experiences of female student leaders participating in public university councils in Uganda. The study deployed an interpretive research paradigm with a qualitative approach. A phenomenological research design, using a narrative inquiry research methodology was also used. The study targeted five public universities where study participants were drawn using a purposive sampling technique. It also deployed three data generation methods; unstructured interview, transect walk and letter writing. Field texts were transcribed verbatim and the study deployed a two-level analysis – narrative analysis and analysis of narratives. The study found out that female student representatives on public university councils had varying identities which influenced their behaviour as they executed their leadership mandate. It was also found out that the female student leaders faced constraints which derailed effective pursuance of their leadership mandate. These constraints included insufficient leadership capacity of female students to participate in leadership unlike their male student counterparts. Constraints also included roles assigned to female students and female student leaders as ascribed by society, including motherhood, home chores and unpaid care work, which made them vulnerable unlike the male student counterparts. The study drew four conclusions; firstly that identities of female student representatives on public university councils in one way or the other influence their behaviour while pursuing their leadership mandate. Secondly, that the effective participation of female students in leadership of higher educational institutions may not only depend on their identities, but also support of other players. Thirdly, female student leaders still face vulnerability as opposed to their male student counterparts due to the more gender roles they ought to play which may make them overburdened to effectively pursue their leadership mandate. Fourthly, female students in higher educational institutions face a major constraint of insufficient leadership capacity to effectively participate in respective higher educational institution leadership and governance. The study recommended undertaking research on other key factors that may influence leadership styles in higher educational institutions; female student leaders should ride on the support of the key stakeholders and ignore the stereotyping that leadership in higher educational institutions is a reserve of their male counterparts; and that the education and sports sector prioritises leadership capacity building for female students so that they may be encouraged to participate more effectively in higher educational institutions leadership and governance

RTB-ENDURE: Expanding utilization through research

European UnionInternational Fund for Agricultural Developmen

Child Testimony and Its Admissibility in Criminal Proceedings: A Comparative Analysis Between Common Law and Islamic Law Systems

Despite all International and National efforts to safeguard the child, a number of children worldwide are facing sexual abuses, some of which are committed by their near relatives or caregivers. The matter, however, gets worse when there is no any other evidence to implicate the offender in courts of law except the testimony of the child who is the victim of the offence. This paper examines the admissibility of child testimony in criminal proceedings and its effect in implicating the offender. It makes a comparative analysis of the Common law and Islamic law systems. It analyses the conditions stipulated for the admissibility of child testimony in both systems and comes up with proposals to lighten some of those conditions so as to render justice to children who are victims of sexual offences by adults, yet such children do not meet the stipulated conditions. Keywords: child testimony, sexual abuse, corroboration, voire dire, Aql, Bulugh, oath, conviction. DOI: 10.7176/JLPG/84-13 Publication date: April 30th 201

COVID-19’s Impact on UN Peacekeeping Operations in Africa’s Mineral based Wars: African Indigenous Knowledge Systems as an Alternative

The paper examines the impact of Covid -19 on peacekeeping in the Democratic Republic of Congo and how African Indigenous systems can provide homegrown alternatives for ensuring sustainable peace and security

An evaluation of the disaster management function of municipalities in the Gauteng Province as at February 2008

M.P.H., Faculty of Health Sciences, University of the Witwatersrand, 2008.Disasters are events that cause death, injury or disease, damage to property, damage to the environment and disrupt the life of the community. The majority of South Africa’s population lives in fragile and vulnerable conditions due to high levels of poverty, low standards of living and lack of access to resources. The risk of further disaster occurrences is increased by population growth outstripping available residential, agricultural, commercial and industrial development leading to occupation of “at risk” areas such as flood plains. Furthermore South Africa’s extensive coastline and proximity to shipping routes present various meteorological and marine threats. The Disaster Management Act, 2002 (No. 57 of 2002) was promulgated in January 2003 and seeks to focus on disaster risk reduction and prevention. Among other things, the Act requires every sphere of government to develop disaster management plans. It is not clear how much progress has been made by local government in Gauteng province in this regard. A cross-sectional descriptive survey was conducted to evaluate the disaster management function of municipalities in Gauteng province as at February 2008. The study aim was broken down into three study objectives; a) to determine the availability of disaster management plans; b) to determine the degree of compliance of each disaster management plan to the standard required by the Act and c) to determine the disaster management capacity of each municipality. A questionnaire was forwarded at least two weeks before Key informant interviews with designated disaster managers were conducted. Following each interview a physical site inspection of each Disaster Management Centre was carried out and assessed against a uniform check list. All six metropolitan and district municipalities were evaluated with no abstention. The key findings of the study were that; • 66.7% (four out of six municipalities) had approved disaster management plans. The remaining two had draft plans. All the plans were level 1 disaster management plans. • In terms of compliance of the disaster management plans, the municipalities scored between 65.6% - 84.4% with an overall average score for Gauteng province at 75%. • In terms of capacity to carry out their disaster management function; the municipalities ranged from 35.5% - 78% with the overall average for Gauteng province at 65.6%. Significantly Metsweding district municipality was the only municipality in Gauteng province without a Disaster Management Centre. The study made the following recommendations; • The National Disaster Management Centre and subsequently the Provincial Disaster Management Centre need to develop a Remedial plan of action with new time frames for the development of level 3 disaster management plans that are realistic. The Remedial plan of action should prioritize which objectives and Key Performance Indicators in the Disaster Risk Management Framework are deliverable in the immediate term, the medium term and over the long term. • The establishment of a Disaster Management Centre for Metsweding district municipality. This will require that the municipality engages with the Provincial and National Disaster management Centres about the allocation of a conditional grant to fund start up costs as provided for in the Disaster Risk Management Framework (Enabler 3 – funding arrangements). • The National and Provincial Disaster Management Centres need to provide guidelines on the standards/norms for the staffing requirements of a Disaster Management Centre as well as the physical infrastructure requirements of a Municipal Disaster Management Centre