The Effect of Regional Electronic Cargo Tracking Systems on Cargo Safety at the Kenya Revenue Authority

The Effect of Regional Electronic Cargo Tracking Systems on Cargo Safety at the Kenya Revenue Authority

Author: Carolyn Gitegi Wakuka

ISSN: 2709-8575
Affiliations: Kenya Revenue Authority
Source: African Multidisciplinary Tax Journal, Volume 4, Issue 1 (2024), p. 317–343
https://doi.org/10.47348/AMTJ/V4/i1a16

Abstract

The Regional Electronic Cargo Tracking System (RECTS) was adopted by the Kenya Revenue Authority (KRA) to enhance cargo security and boost revenue collection. RECTS is aimed at addressing inefficiencies in vendor-operated Electronic Cargo Tracking Systems (ECTs) whose geo-fence routes can be manipulated, making it challenging to determine the exact location of the cargo. Their failure to send alerts on seal tampering and diversions has resulted in a substantial loss of revenue. This study sought to assess the impact of RECTS on cargo security with a focus on KRA customs operations. The study addressed the impact of RECTS cargo tracking on cargo security, the impact of RECTS cargo monitoring on cargo security, and the measurement of the impact of RECTS real-time response on cargo security at KRA. The research adopted a descriptive research design. The target population for this study was the 140 Rapid Response Units (RRU) and the Cargo Monitoring Unit (CMU) staff working at the five designated RRU stations along the Northern Corridor. Stratified simple random sampling was used to select 104 KRA staff to participate in the study. The primary data was collected by means of a self-administered questionnaire provided to the staff working at the five designated stations. Secondary data was collected from the records of the Cargo Monitoring Unit on incidents of theft, tampering and damage of cargo. The data was analysed using SPSS to compute descriptive and inferential statistics. The study established that the independent variables of cargo tracking, cargo monitoring and real-time response, significantly influence the dependent variable as they account for an 82.90 per cent variation in cargo security. The results of a multiple regression analysis established that cargo tracking has a positive and significant effect on cargo security (β1=0.873, p=0.000); that cargo monitoring has a positive and significant effect cargo security (β2=0.175, p=0.015); and that real-time response has a positive and significant effect cargo security (β3=0.222, P=0.000). The findings of the study revealed that cargo tracking enhances the security of the cargo by deterring cases of cargo diversion and by providing the exact location of the stolen, damaged or tampered cargo enabling the Rapid Response Unit to locate the cargo and resolve the situation immediately. Cargo monitoring enhances cargo security by providing real-time alerts in respect of cargo seal tampering which minimises the tampering that previously occurred during changeover of seals at border points. Additionally, real-time response enhances the security of cargo by reducing the time taken by the Rapid Response Unit to respond to and resolve cases of theft, tampering and cargo accidents during transit.

Obstacles and Opportunities for Labour Dispute Resolution Using Videoconferencing Technology

Obstacles and Opportunities for Labour Dispute Resolution Using Videoconferencing Technology

Authors Nicci Whitear-Nel & Cecile de Villiers

ISSN: 2413-9874
Affiliations: Senior Lecturer, University of KwaZulu-Natal; Postdoctoral Fellow in Law, Stellenbosch University
Source: Industrial Law Journal, Volume 45 Issue 2, 2024, p. 663 – 691
https://doi.org/10.47348/ILJ/v45/i2a1

Abstract

While labour dispute resolution processes are typically conducted in person, rapid advances in technology coupled with the need for speedy, fair and accessible dispute resolution encourages the use of videoconferencing technology in such processes. This article considers the use of videoconferencing in dispute resolution processes by the Commission for Conciliation, Mediation and Arbitration (CCMA) and the Education Labour Relations Council (ELRC), a bargaining council operating in the public basic education sector. Although its use was primarily in response to the Covid-19 pandemic, the success of remote hearings has sparked a willingness to incorporate this approach permanently. We identify three advantages occasioned by the flexibility of remote processes. Firstly, hearings may be fully remote or in a hybrid format, increasing available options. Secondly, remote processes offer vulnerable witnesses greater protection and may increase the witness participation rate. Thirdly, they remove many logistical challenges associated with in-person processes and may reduce the number of postponements. Remote processes are, however, not without obstacles. We explore a number of objections to such processes, which are broadly divided into objections related to infrastructure (the digital divide, technological failures, power supply) and those related to procedural and testimonial integrity (the impact of remote processes on formality, representatives, interpreters and intermediaries, data privacy, document management and issues related to witness testimony). Although these are real obstacles to effective remote processes, we argue that the problems are not insurmountable and that remote labour dispute resolution holds benefits for both the CCMA (and bargaining councils) as well as its users.

‘Numerical Targets’ or ‘Quotas’? The Draft Employment Equity Regulations 2023 in Perspective

‘Numerical Targets’ or ‘Quotas’? The Draft Employment Equity Regulations 2023 in Perspective

Author Davy Rammila

ISSN: 2413-9874
Affiliations: Senior Lecturer, University of South Africa; LLB LLM cum laude (University of Johannesburg); LLD Candidate (University of Johannesburg)
Source: Industrial Law Journal, Volume 45 Issue 2, 2024, p. 692 – 719
https://doi.org/10.47348/ILJ/v45/i2a2

Abstract

The 2022 amendments to the Employment Equity Act (EEA) introduced s 15A which empowers the Minister of Employment and Labour to adopt regulations determining sector-specific numerical targets to be taken into account by designated employers in implementing their employment equity plans. Through these regulations, the Minister is able to influence directly the contents of employers’ affirmative action measures. Empowered thereby, the Minister published the Draft Employment Equity Regulations, 2023 that have drawn the ire of certain sections of the public who claim that the draft’s numerical targets are tantamount to quotas operating against certain racial groups. This contribution investigates the validity of the draft regulations within the framework of the EEA and the Constitution. It notes that although the regulations are poorly drafted, the numerical targets are justifiably based on regional demographics and are generally not in violation of the Act. Furthermore, it argues that the numerical targets are designed as affirmative action allocations which the Minister has designated, within each sector, to be subject to his determinations. Ultimately, it concludes that a violation of these instruments occurs only in circumstances involving ‘skilled’ occupational levels for which the Minister appears to impose targets covering all available occupations with no room for the employer’s discretion.

Rethinking Fair Processes for Dealing with Poor Conduct in the Workplace

Rethinking Fair Processes for Dealing with Poor Conduct in the Workplace

Authors Chris Todd & Nikita Reddy

ISSN: 2413-9874
Affiliations: Partner, Bowmans; Business Partner, Ninety One, formerly Senior Associate, Bowmans
Source: Industrial Law Journal, Volume 45 Issue 2, 2024, p. 720 – 738
https://doi.org/10.47348/ILJ/v45/i2a3

Abstract

Nearly three decades after the legislature enacted the 1995 Labour Relations Act with its accompanying Code of Good Practice: Dismissal, and two decades after the Labour Court made it clear, in Avril Elizabeth, that a formal enquiry is not a necessary element of fair procedure before dismissal, formal adversarial criminal justice style disciplinary processes continue to be regarded as the norm in many workplaces.
This article explores why this is so. It considers whether formal adversarial processes are fairer to employees than informal ones (it concludes that they are not). It identifies challenges with formal processes in the workplace against criteria of efficiency, authority and fairness, and revisits the basic purpose of workplace discipline and the principles that apply.
Finally it puts forward some practical suggestions on an inquisitorial investigation process for dealing with workplace discipline that the authors believe is more appropriate and fair (to both employers and employees) and is better suited to most modern workplaces. It concludes that less formal investigation and decision-making processes of this kind are more efficient for employers, preserve workplace relations, and are ultimately better for employees than their adversarial counterparts.

A Delicate Balancing Act: Does the Majoritarianism Approach in South African Labour Law Infringe the Right to Freedom of Association?

A Delicate Balancing Act: Does the Majoritarianism Approach in South African Labour Law Infringe the Right to Freedom of Association?

Author Phatelang William Senoamadi

ISSN: 2413-9874
Affiliations: Senior Lecturer, Graduate School of Business Leadership (Unisa); BA, MA (Wits); LLB, MBL (Unisa); PhD (UJ)
Source: Industrial Law Journal, Volume 45 Issue 2, 2024, p. 739 – 757
https://doi.org/10.47348/ILJ/v45/i2a4

Abstract

The article investigates freedom of association rights for trade unions in the context of the majoritarian approach contained in the Labour Relations Act 66 of 1995. It reveals that even in the context of majoritarianism, the labour courts and the Constitutional Court have asserted and indeed protected freedom of association rights by interpreting the law to support the granting of certain organisational rights to minority unions. This notwithstanding, the courts’ approach does not automatically translate into the right to bargain on matters of mutual interest. Furthermore, it is acceptable through ministerial determinations to extend collective agreements reached with the majority union to members of the minority union to a point where the minority union would be precluded from embarking on a strike action on issues that are dealt with in the applicable collective agreement. The article concludes that our courts have by and large succeeded in performing a delicate balancing of the competing notion of majoritarianism and the right to freedom of association.