Gender inequality and financial inclusion in South Africa : lessons from India

This article examines the intersection of gender inequality and financial inclusion in South Africa, focusing on drawing lessons from India’s experience. Despite progress in financial inclusion initiatives in South Africa, women face systemic barriers to accessing financial services, including discriminatory policies and cultural attitudes. Through a comparative analysis of India’s efforts to promote financial inclusion and gender equality, this article identifies key strategies South Africa can adopt to address gender-based disparities in financial access. These strategies include promoting financial literacy among women, expanding access to formal financial institutions, and implementing policies that address the unique challenges women entrepreneurs face. By applying lessons from India, South Africa can take meaningful steps towards building a more inclusive financial system that empowers women and promotes gender equality.https://unisapressjournals.co.za/index.php/JLSDam2024Mercantile LawSDG-01:No povertySDG-05:Gender equalit

The role of agriculture towards poverty alleviation in poor households in Zimbabwe :the case of Harare Province

The aim of the study was to investigate the role played by urban agriculture (UA) in alleviating poverty in poor and low income households of Harare. It further examined the factors that confront the practice. The study was conducted after a realisation that despite not receiving much support from city by- laws, poor and low income households of Harare continue to engage in agricultural activities yearly. The desk research method was used to acquire information from a vast of secondary data sources. The secondary sources which were qualitative in nature provided the research with broad literature on urban agriculture and poverty in Harare, Zimbabwe and the world at large. However, a case study research design was employed whereby an in-depth analysis of the topic focused on poor and low income farmers of Harare Province. Literature reviewed and analysed was organised into themes and categories that portrayed urban agriculture as a crucial tool for alleviating poverty. It was also viewed as a tool that can be used as a sustainable livelihood. Despite other factors affecting the performance of urban farmers, lack of clear policies and city by- laws that guide agriculture in the study area proved to be a huge hindrance. Therefore, to achieve sustainable livelihoods and reduce poverty, the research suggested that instead of different pieces of city by- laws governing the practice in Harare and Zimbabwe there is need for one clear urban agriculture policy. It was concluded that the government and city authorities remain the key to unlocking UA‟s full potential by providing formal support to the practice by organising formulation of an inclusive urban agriculture policy that will be understood by every citizen

Gemeenregtelike en statutere regte van residensiele huurders gedurende die inperking in Suid-Afrika

Die COVID-19-pandemie het regoor die wereld ekonomiese verwoesting gesaai. In baie stede staar residensiele huurders, wat hulle werke as gevolg van die ekonomiese slagting verloor het, haweloosheid in die gesig. Sodanige huurders ervaar finansi61e nood en 'n gevolglike onvermo6 om huur te betaal. Hierdie toedrag van sake het die Suid-Afrikaanse regering genoop om 'n moratorium op uitsettings te plaas deur regulasies ingevolge die Wet op Rampbestuurs 57 van 2002 (die "Grendelstaatregulasies") uit te vaardig. Sodanige regulasies beperk egter vryheid van beweging en maak dit vir sommige residensiele huurders onmoontlik om voordeel uit die okkupasie van huurpersele te trek, aangesien hulle in ander provinsies of selfs oorsee vasgekeer is of was. Die eerste deel van hierdie artikel ondersoek die gemeenregtelike regte van residensiele huurders wat weens die reisbeperkinge wat deur die Grendelstaatregulasies opgele is, nie die volle genot van gehuurde eiendomme in stede kan (of kon) geniet nie. Dit analiseer die pandemie as 'n skielike, onvoorsiene en onvermydelike natnurlike gebeurtenis wat aan die elemente van die definisie van vis major voldoen. Met did doel voor o6, bespreek hierdie bydrae die reg van residensiele huurders om ingevolge die gemenereg die verweer van vis major te gebruik om kwytskelding of vermindering van huur te eis. Die tweede deel van die artikel ondersoek die beskerming van residensiele huurders teen swak behandeling deur verhuurders en teen uitsettings tydens die grendelstaat.The National Research Foundation.http://www.lexisnexis.co.zaam2022Mercantile La

The statutory prohibition of market manipulation in Zimbabwe

Market manipulation includes, inter alia, a practice that interferes or attempts to interfere with the free and fair operation of the securities and financial markets by creating an artificial, false or misleading appearance of the price of, or market for, the relevant securities, commodities or financial instruments. Consequently, market manipulation is treated as an offence in many countries, including Zimbabwe. For instance, market manipulation is expressly prohibited under the Securities Act 17 of 2004 (Chapter 24: 25) as amended (Securities Act 2004). In light of this and for the purposes of this article, the adequacy of the statutory prohibition on market manipulation in Zimbabwe will be examined. Accordingly, selected key elements, types, examples, penalties and definitional aspects of the market manipulation offence under the Securities Act 2004 are discussed. This is done to unpack and examine the adequacy of the Securities Act 2004 in relation to the combating of market manipulation in the Zimbabwean financial markets. It is hoped that the recommendations enumerated in this article will enable policy makers to develop optimal regulatory measures that promote investor protection and effectively combat market manipulation in the Zimbabwean financial markets

The regulation of cryptocurrencies to combat money laundering crimes in South African banking institutions

Cryptocurrencies have become an increasingly popular means of conducting financial transactions globally, and South African banking institutions have not been immune to this trend. However, the pseudonymous nature of cryptocurrency transactions has made it an attractive tool for money laundering activities. In response, there is a growing need for South African regulators to establish a legal framework to regulate the use of cryptocurrency to combat money laundering crimes by banking institutions. While the recent amendments to the Financial Intelligence Centre Act 38 of 2001 (as amended) regarding cryptocurrencies are commendable, it is not without deficiencies. The purpose of this article is threefold. First, it examines the current state of cryptocurrency regulation in South Africa. Second, it explores the vulnerabilities that expose the banking system to money laundering using cryptocurrencies. Third, it highlights the need for further development and implementation of regulatory measures to address vulnerabilities identified in this article. This article argues that the current lack of a comprehensive regulatory framework for cryptocurrencies in South Africa leaves the banking system open to potential abuse. The article suggests that South African regulators should focus on three key areas to combat money laundering activities related to cryptocurrency. First, regulatory measures should be implemented to identify and verify the identities of cryptocurrency traders and investors. Second, measures should be put in place to monitor the flow of cryptocurrency transactions and detect suspicious activities. Third, the digital wallets of crypto users should be managed by South African banking institutions.https://journals.co.za/journal/dejuream2024Mercantile LawSDG-16:Peace,justice and strong institution

Assessing political risks within the shale gas energy sector of South Africa : the case of exploration of the Karoo basin

M.A.Abstract: Global energy insecurity and the US energy bonanza has birthed a “new” worldwide “scramble” for Shale gas exploration and production licenses. However, the development of the Shale gas resource has proven to be slow and complicated in other host countries (including South Africa) because of the politics surrounding Shale gas development. When a foreign company intends to invest in a new technological industry outside its home country, it is imperative that the politics and economics of the host environment are assessed because political decisions or events often disrupt new business operations especially if the sector is perceived negatively (as in the case of Shale gas exploration). This study examines the variable political risks within the political economy of South Africa related to Shale gas exploration of the Karoo by adjusting the International Country Risk Guide (ICRG) risk model to a Shale gas industry model in order to quantify the sector risks. The ICRG model is chosen because it can be tailored to a specific sector without compromising the quality of the assessment. The assessment of micro political risks within the Shale gas sector of the Karoo is currently more pertinent considering that Standard and Poor’s and Fitch Ratings both downgraded South Africa to sub-investment status largely because of high political risk resulting from the recent cabinet reshuffle (Standard and Poor’s, 2017; Fitch Ratings, 2017). Shale gas exploration and production is a capital intensive investment that requires skilled personnel to be imported, therefore, the sub-investment rating is problematic because it is more likely to increase business costs should the junk status hold for the next decade without any positive “fiscal improvements and policy certainty” (Mugobo and Mutize, 2016: 15). Mugobo and Mutize (2016: 15) submit that, if there is no fiscal prudence and policy certainty, the long-term effects of the downgrade will comprise of large capital outflows that will depreciate the local currency, increase inflation and increase interest rates thereby resulting in an increase in the cost of borrowing for private companies and government as well as an increase in the cost of sourcing foreign skilled labour..

The regulation of cryptocurrencies to combat money laundering crimes in South African banking institutions

Cryptocurrencies have become an increasingly popular means of conducting financial transactions globally, and South African banking institutions have not been immune to this trend. However, the pseudonymous nature of cryptocurrency transactions has made it an attractive tool for money laundering activities. In response, there is a growing need for South African regulators to establish a legal framework to regulate the use of cryptocurrency to combat money laundering crimes by banking institutions. While the recent amendments to the Financial Intelligence Centre Act 38 of 2001 (as amended) regarding cryptocurrencies are commendable, it is not without deficiencies. The purpose of this article is threefold. First, it examines the current state of cryptocurrency regulation in South Africa. Second, it explores the vulnerabilities that expose the banking system to money laundering using cryptocurrencies. Third, it highlights the need for further development and implementation of regulatory measures to address vulnerabilities identified in this article. This article argues that the current lack of a comprehensive regulatory framework for cryptocurrencies in South Africa leaves the banking system open to potential abuse. The article suggests that South African regulators should focus on three key areas to combat money laundering activities related to cryptocurrency. First, regulatory measures should be implemented to identify and verify the identities of cryptocurrency traders and investors. Second, measures should be put in place to monitor the flow of cryptocurrency transactions and detect suspicious activities. Third, the digital wallets of crypto users should be managed by South African banking institutions