Search results

The purpose of this study was to investigate a framework for the implementation of freedom of information (FOI) legislation in South Africa, against Article 19’s nine principles of FOI legislation.

This qualitative study used semi-structured interviews to collect data from six experts selected by means of the snowball sampling technique and content analysis. The study used a modified Delphi design consisting of two rounds of interviews.

The results showed that little effort is made by government officials to demonstrate commitment to the implementation of FOI legislation.

The passing of FOI is expected to reduce corruption, increase public participation, reduce the level of secrecy and increase transparency and openness. This is not the case as the implementation of this socioeconomic right in South Africa is faced by numerous challenges, such as a lack of political will, secrecy laws providing for the opposite of what the FOI legislation seeks to achieve, poor legislative interpretation and a lack of clear policies. The study proposes a framework aimed at addressing these challenges.

The study provides a framework for the implementation of FOI legislation. The framework was developed under the guidance of Article 19 principles of freedom of information legislation.

Only recently have historic concrete buildings received attention and the need for their protection has been understood. Their listing as architectural heritage in most countries is ruled by legislations. The research carried out within the framework of the CONSECH20 JPI project on the conservation of historic concrete buildings in the Czech Republic, Cyprus, Italy and the Netherlands has allowed to study the legislations in the four aforementioned countries and how these are brought to practice. This paper aims at the evaluation of these legislations and of their function in practice.

The legislations have been examined focussing on the protection of historic buildings and the guidelines to achieve a correct technical conservation. These were assessed in practical situations. The situations of the four countries were studied and the parameters used allowed comparisons.

Concrete buildings are at risk and the guidelines should be further developed to meet actual conservation needs, including historical and aesthetical compatibility. The re-use of listed concrete buildings often means transforming and adapting these to a variety of modern needs and norms: the complexity of this assignment asks for a multidisciplinary teamwork. The bottom-up Dutch programme for quality in conservation, striving to bring ethical and technological principles to practice, could be a sound basis for developing respectful conservation strategies of heritage concrete buildings.

The research concerns the four countries involved in the CONSECH30 project and could be extended to include more countries.

More stakeholders have to be involved in the process of conservation and transformation of heritage concrete buildings. This should be directed by the legislation.

No direct social implications are foreseen from the outcome of the research. However, the suggestion is made that social involvement is essential in planning concrete building transformations.

The study focussed on the application of theory (the legislation) to practice (thus showing the limits of the legislation), which is an innovative way of contributing to the conservation of historic concrete buildings.

This study aims to investigate a framework for implementation of legislative framework governing records management throughout the life cycle in the Limpopo provincial government of South Africa.

This quantitative multi-method study used a semi-structured questionnaire, document analysis and interviews to collect data. The dominant approach was quantitative, with some support from limited qualitative data, which served to clarify the statistical data. No sampling method was applied, as the study targeted the entire population of 135 records management participants from the provincial departments with the questionnaire, while nine participants from provincial archives participated in interviews.

The study revealed that the role of the provincial archives in enforcing compliance with legislative frameworks for the proper management of records was always disrupted by a lack of key resources such as staffing, for inspecting and training records-creating departments and working resources at the departmental levels.

The findings will contribute to the field in respect of future studies into compliance with records management legislation, and the proposed framework may be applied as a theoretical basis for, or part of, a conceptual framework.

The study will serve as a resource or benchmark for archivists and records management professionals in the industry, as they count amongst the policymakers who find ways of monitoring, evaluating and enforcing compliance with the legislation governing proper records management.

The proper implementation of recommendations from this study will lead to significant improvements in the management of records with enduring value, allowing them to finally be transferred to an archival repository to serve the public interest as heritage, national memory, or resources for researchers and authors, amongst others.

The study proposes a framework for implementation of legislation governing records management with greater ease in the Limpopo provincial government of South Africa.

Democratic countries all over the world are embarking on initiatives to empower citizens through public participation. One of the tools used by countries to promote public participation is the enactment and implementation of freedom of information (FOI) legislation, as it is the case with South Africa and Zimbabwe. Despite having legislation reaffirming the need for people’s right to know, practices in South Africa and Zimbabwe indicate the opposite. The purpose of this study is to explore FOI models in South Africa and Zimbabwe, with a view to recommend ways in which people’s right to know can be promoted.

This qualitative study used interviews to collect the data from 12 FOI experts in South Africa and Zimbabwe, who were selected through the snowball sampling technique. Data collected through interviews were supplemented by the data collected through document analysis.

The study concluded that the key role players need to make efforts to ensure that the right to know, which is associated with FOI, is being realised in both countries. FOI legislation, in both countries, is imprecise and needs to be revised to ensure effective implementation.

The study demonstrates that FOI is a necessary tool for people to be involved in decision-making in government. People’s rights to know can be achieved by successfully implementing FOI legislation.

The goal of this study is to propose and test a model of the effect of the socio-cultural context on the disability inclusion climate of organizations. The model has implications of hiring people with disabilities.

To test the model, we conducted a cross-sectional study across four countries with very different socio-cultural contexts. Data were gathered from 266 managers with hiring responsibilities in Canada, China, Norway and France. Participants responded to an online survey that measured the effect of societal based variables on the disability inclusion climate of organizations.

Results indicated support for the theoretical model, which proposed that the socio-cultural context influenced the disability inclusion climate of organizations through two distinct but related paths; manager’s value orientations and their perception of the legitimacy of legislation regarding people with disabilities.

The vast majority of research regarding employment of people with disabilities has focused on supply side factors that involve characteristics of the people with disabilities. In contrast, this research focuses on the less researched demand side issue of the socio-cultural context. In addition, it responds to the “limited systematic research examining and comparing how country-related factors shape the treatment of persons with disability” (Beatty et al., 2019, p. 122).

General Data Protection Regulation (GDPR) of the European Union (EU) was passed to protect data privacy. Though the GDPR intended to address issues related to data privacy in the EU, it created an extra-territorial effect through Articles 3, 45 and 46. Extra-territorial effect refers to the application or the effect of local laws and regulations in another country. Lawmakers around the globe passed or intensified their efforts to pass laws to have personal data privacy covered so that they meet the adequacy requirement under Articles 45–46 of GDPR while providing comprehensive legislation locally. This study aims to analyze the Malaysian and Saudi Arabian legislation on health data privacy and their adequacy in meeting GDPR data privacy protection requirements.

The research used a systematic literature review, legal content analysis and comparative analysis to critically analyze the health data protection in Malaysia and Saudi Arabia in comparison with GDPR and to see the adequacy of health data protection that could meet the requirement of EU data transfer requirement.

The finding suggested that the private sector is better regulated in Malaysia than the public sector. Saudi Arabia has some general laws to cover health data privacy in both public and private sector organizations until the newly passed data protection law is implemented in 2024. The finding also suggested that the Personal Data Protection Act 2010 of Malaysia and the Personal Data Protection Law 2022 of Saudi Arabia could be considered “adequate” under GDPR.

The research would be able to identify the key principles that could identify the adequacy of the laws about health data in Malaysia and Saudi Arabia as there is a dearth of literature in this area. This will help to propose suggestions to improve the laws concerning health data protection so that various stakeholders can benefit from it.

This study aims to evaluate how corporate governance focused on meeting the legal requirements applied in poultry slaughterhouses contributes to the advancement of the Sustainable Development Goals (SDGs) within the environmental pillar and identify vulnerabilities in this governance framework.

This research was qualitative and was structured with the following steps: literature review, selection of companies and documentary research on licenses applied to these companies.

The assessment demonstrates that the governance strategy based on legal aspects contributes to progress in indicators related to SDGs such as clean water, climate action, life below water and life on land. However, it falls short when addressing SDG 7 on affordable and clean energy. Another vulnerability of this governance model is that legislation establishes metrics and indicators individually for each link in the poultry industry chain.

Assessment of the corporate governance of poultry slaughterhouses, focusing on legality and analyzing vulnerabilities in the legal aspects of the poultry industry concerning the SDGs that encompass the environmental pillar.

The results provide valuable information for policymakers, regulators and industry stakeholders in the segment, suggesting the need to align legislation with SDGs or adopt incentive policies to encourage the spontaneous advancement of SDGs in the poultry industry.

Considering the need for progress toward a more sustainable world and the trend of organizations focusing their efforts on complying with local legislation, this study aims to contribute to understanding how the legal requirements applied in practice are prepared to support the advancement of the SDGs.

Commercial entities have recently expressed growing interest in commercialising indigenous knowledge (IK) due to its enormous economic and intrinsic value. As this happens, custodial communities must not be disadvantaged in the process. This paper aims to understand the legal framework of the commercialisation of IK to identify the opportunities and factors impeding or affecting the commercialisation of indigenous knowledge in Kenya.

The study used a qualitative research approach. An extensive exploratory literature review of existing legal instruments was done to establish the progress and gaps for commercialising indigenous knowledge in Kenya.

The study shows that the legal framework of IK in Kenya is inadequate. There are no well-established frameworks and policies to protect IK in Kenya, and thus, host communities are subjected to exploitation. The diversity of tribes and communities makes it challenging to have a clear framework, mainly because IK is a devolved function. The study identifies the Protection of Traditional Knowledge and Cultural Expressions Act 2016, The National Museums and Heritage Act 2006 and the Natural Products Industry as the key milestones towards commercialisation of IK, while inadequate documentation of IK, communal ownership and inadequate legislation were identified as the main impediments to commercialisation of IK in Kenya.

Owing to the diverse cultures and tribal communities in Kenya, the research could not access all the literature on all traditional IK in Kenya, and very few case studies have been conducted in Kenya.

The gaps identified in the legal framework can form a basis for legislation, policy change, actions and research needed to improve the commercialisation of IK.

The paper underscores the importance of balancing economic empowerment with preserving cultural integrity and protecting indigenous rights in commercialisation.

The purpose of this study was to investigate the state of appraisal with regard to compliance with archives and records management legislations (ARML), the archives and records management policy (ARMP), reappraisal of records, capacity building, archives building and electronic records management (ERM) and to make a recommendation based on the research findings.

This study was based on the qualitative research technique. The research approach was a multiple case study comparing the previously advantaged and disadvantaged universities in South Africa.

The study found that ARML, ARMP, reappraisal of records and capacity building are essential for the appraisal of university records. The lack of appropriate appraisal theory/strategy led to a loss of institutional memory.

This research was limited to the University of the Witwatersrand (WITS) and the University of Venda (UNIVEN). These two institutions are representatives of the state of archiving in South Africa.

This research will serve a benchmark for other South African universities, intending to implement systematic disposal of records in compliance with legislations and policies.

Failure by universities to appraise records will lead to the loss of institutional memory. This implies that history of institution will be lost if necessary measures are not taken.

There is very little, if any, research on the appraisal of South African universities’ records. The outcome of this research will benefit universities that are seeking to develop and implement appraisal strategies.

Food sector supply chains have significant negative environmental impacts, including the expansion of global food commodity production, which is driving tropical deforestation – a major climate and biodiversity problem. Innovative supply chain monitoring services promise to address such impacts. Legislation also designates “forest-risk commodities”, demanding supply chain due diligence of their provenance. But such data alone does not produce change. This study investigates how theory in performance measurement and management (PMM) can combine with sustainable supply chain management (SSCM) and decision theory (DT) via case study research that addresses paradoxes of simplicity and complexity.

Given existing relevant theory but the nascent nature of the topic, theory elaboration via abductive case study research is conducted. Data collection involves interviews and participatory design workshops with supply chain actors across two supply chains (coffee and soy), exploring the potential opportunities and challenges of new deforestation monitoring services for food supply chains.

Two archetypal food supply chain structures (short food supply chains with high transparency and direct links between farmer and consumer and complex food supply chains with highly disaggregated and opaque links) provide a dichotomy akin to the known/unknown, structured/unstructured contexts in DT, enabling novel theoretical elaboration of the performance alignment matrix model in PMM, resulting in implications for practice and a future research agenda.

The novel conceptual synthesis of PMM, SSCM and DT highlights the importance of context specificity in developing PMM tools for SSCM and the challenge of achieving the general solutions needed to ensure that PMM, paradoxically, is both flexible to client needs and capable of replicable application to deliver economies of scale. To advance understanding of these paradoxes to develop network-level PMM systems to address deforestation impacts of food supply chains and respond to legislation, a future research agenda is presented.