Accountability in the twin peaks model of financial regulation in South Africa

by | Jul 29, 2023 | SAMLJ, SAMLJ V34 I3

Accountability in the twin peaks model of financial regulation in South Africa

Authors: Gerda van Niekerk & Hoolo ’Nyane

ISSN: 1996-2185
Affiliations: Senior Lecturer, Department of Mercantile Law, University of Limpopo; Associate Professor of Public Law, University of Limpopo
Source: South African Mercantile Law Journal, Volume 34 Issue 3, 2022, p. 382 – 403
https://doi.org/10.47348/SAMLJ/v34/i3a4

Abstract

The Financial Sector Regulation (FSR) Act 9 of 2017 implemented the first stage of the Twin Peaks model of financial regulation in South Africa. The Act established the Prudential Authority and the Financial Sector Conduct Authority to make the financial sector safer by using a more robust prudential and market conduct framework. The South African Reserve Bank received an enhanced mandate to promote and maintain financial stability. Since accountability is a core goal in financial regulation, this paper analyses the notion of accountability and specifically the accountability of the regulators in a Twin Peaks model of financial regulation. The legislative framework put in place by the FSR Act goes a long way in adhering to principles of accountability. The financial sector regulators are obliged to consult with various stakeholders such as the Minister of Finance and financial institutions. The regulators are subject to control measures, and Parliament holds them accountable. Nevertheless, the authors suggest that one more step is necessary. There should be more debate and engagement by the regulators with the general public to increase public knowledge of financial sector regulation in South Africa.

An analysis of the causes of violence during strike action in South Africa: A psychological perspective

by | Jul 29, 2023 | SAMLJ, SAMLJ V34 I3

An analysis of the causes of violence during strike action in South Africa: A psychological perspective

Author: Carlos J Tchawouo Mbiada

ISSN: 1996-2185
Affiliations: Senior Lecturer in Law, University of Venda
Source: South African Mercantile Law Journal, Volume 34 Issue 3, 2022, p. 404 – 420
https://doi.org/10.47348/SAMLJ/v34/i3a5

Abstract

Peaceful strikes in post-apartheid South Africa are uncommon. Most industrial action is associated with violent acts to the extent that violence seems to be the norm. Different scholarly contributions regarding the causes of the high number of violent strikes in South Africa have been made; most of these, this article argues, are sociologically and legally inclined. Using the Freudian political psychology theory and the frustration-aggression hypothesis, this article opines that episodic waves of violent activities during strike action are subject to the psychological imbalances and frustrations emanating as a twin phenomenon of intrinsically motivated apartheid posttraumatic effects and people’s inability to meet their basic needs of life. Using an orderly and systematic review of the literature, the article unpacks the causes of violent strikes in South Africa in a psychological manner.

Case Notes: Interdicting a disciplinary enquiry: Golding v HCI Managerial Services (Pty) Ltd (2015) 36 ILJ 1098 (LC) Revisited

by | Jul 29, 2023 | SAMLJ, SAMLJ V34 I3

Case Notes: Interdicting a disciplinary enquiry: Golding v HCI Managerial Services (Pty) Ltd (2015) 36 ILJ 1098 (LC) Revisited

Author: Vuyo Ntsangane Peach

ISSN: 1996-2185
Affiliations: Associate Professor, University of South Africa
Source: South African Mercantile Law Journal, Volume 34 Issue 3, 2022, p. 421 – 434
https://doi.org/10.47348/SAMLJ/v34/i3a6

Abstract

None

DNA phenotyping: A possible aid in criminal investigation

by | Jul 16, 2023 | SACJ, SACJ V36 I1 2023

DNA phenotyping: A possible aid in criminal investigation

Authors: Lirieka Meintjes-van der Walt and Adebola Olaborede

ISSN: 1996-2118
Affiliations: B Juris LLB (UPE) LLM (Rhodes) DJuris (Leiden); Adjunct Professor of Law and Leader of the Law, Science and Justice Research Niche Area, University of Fort Hare; LLB (Nigeria) LLM (Stellenbosch) LLD (UFH); Time on Task Lecturer, Faculty of Law, University of Fort Hare
Source: South African Journal of Criminal Justice, Volume 36 Issue 1, p. 1 – 23
https://doi.org/10.47348/SACJ/v36/i1a1

Abstract

This article examines DNA phenotyping in general and highlights international perspectives regarding the use of this technique. The article interrogates the genetic basis of predicting externally visible characteristics, the potential value of the technique, and the pitfalls regarding its use. Despite the ethical and legal concerns and debates concerning DNA phenotyping, the potential value of this technique should not be underestimated. In the context of the high number of serious crimes such as rape and murder that remain unsolved in South Africa, the responsible and scientific application of DNA phenotyping might prove to be an effective additional tool in criminal investigation.

Fair trial rights, pre-trial civil motions in pending criminal cases and abuse of court process with reference to the Free State asbestos pre-trial motion proceedings

by | Jul 16, 2023 | SACJ, SACJ V36 I1 2023

Fair trial rights, pre-trial civil motions in pending criminal cases and abuse of court process with reference to the Free State asbestos pre-trial motion proceedings

Author: CF Swanepoel

ISSN: 1996-2118
Affiliations: BA LLB (Stellenbosch) LLM LLD (University of the Free State), Research Associate, Department of Public Law, University of the Free State
Source: South African Journal of Criminal Justice, Volume 36 Issue 1, p. 24 – 41
https://doi.org/10.47348/SACJ/v36/i1a2

Abstract

South Africans have become accustomed to almost daily news reports of litigation in our courts that involve politically powerful and well-connected individuals. The perception by the public is that in many instances litigants approach the courts for other reasons than achieving justice and are therefore misusing our courts and its processes.1 This becomes a matter of concern when such perceptions affect the trust and confidence that the public holds in respect of the judicial system and the rule of law. The recent Free State asbestos pre-trial motion proceedings illustrate some of these concerns. This article first comments on the judgment of the Free State high court in this matter, and focusses on the unmeritorious aspects of the applications made. These aspects included a claim that the applicants’ right to a fair trial were infringed, and the applicants’ disregard for the established principle against preliminary civil motions emanating from criminal proceedings. Legal practitioners advise their clients and must do so responsibly. For that reason, the second part of the article comments on the professional rules of conduct against the abuse of the court process in relation to legal practitioners’ obligations to both their clients and the court. This duty includes not to litigate causes or raise defences that have little chance of success or where they are initiated by litigants for purposes other than achieving justice. Improper purposes include delaying the proceedings to escape criminal liability and ultimately, accountability. In order to curb pre-trial litigation in any court other than the criminal trial court, the article proposes an extension of the Criminal Procedure Act to clarify when such other court may be approached for relief. It also proposes that a certificate of probable cause accompanies all pre-trial motions that emanate from criminal proceedings in a court other than the trial court.