Browsing by Author "Lawack, Vivienne"

Now showing 1 - 10 of 10
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    Consumer Protection; Efficient and Effective Bank Regulation in Zimbabwe
    (University of the Western Cape, 2018) Kaseke, Melissa Chinyangarara; Lawack, Vivienne
    Zimbabwe is a Southern African country which has witnessed frequent bank collapses in the last two decades. This has eroded consumer and business confidence in the banking sector due to the irreparable financial prejudice suffered by most sectoral consumers. The side effect of this lack of trust in the sector has been the hoarding and preference of cash in most, if not all transactions, as opposed to the use of plastic money. Between April 2015 and March 2016, it is estimated that between US$3 billion and US$7.4 billion was circulating outside the banking system in the informal sector thus exposing the depth of mistrust crippling the banking sector. Together with other factors beyond the scope of this study, it is submitted that this lack of trust and confidence in the sector has contributed to the current cash shortage which, according to Latham and Cohen, has left .a black hole in the financial system that's crushing the rest of the economy'.
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    An evidence-based approach to learning and teaching during the 2020 COVID-19 pandemic
    (José Frantz, 2021) Pather, Subethra; Brown, Vanessa; Lawack, Vivienne
    On 5 March 2020, South Africa’s Health Minister confirmed that the first case of Covid-19 had been detected in the country and on 15 March the President announced a national state of disaster, followed by various measures including the closure of schools on 18 March. On 17 March 2020, the Minister of Higher Education announced that universities would close until 15 April 2020 for early recess. At this time the Minister also instructed higher education institutions to begin preparations for online teaching and learning that “may need to be put in place to support the academic programme at a later stage”. Following his announcement, most universities announced their intention to switch to Emergency Remote Teaching and Learning (ERTL) on 16 April 2020
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    An exploratory analysis of central bank digital currencies — some considerations
    (SA mercantile law journal, 2022) Lawack, Vivienne
    The history of central banking began with payment services. Ever since then, payment-related innovation has always been an integral part of central banking (BIS Committee on Payments and Market Infrastruc- tures and Markets Committee Report, ‘Central Bank Digital Currencies’ (2018) iii). Payments have evolved extensively over the years with the emergence of various technologies, from the development of real-time gross settlement (‘RTGS’) systems, to electronic money and mobile money, to name a few. The arrival of financial technologies or ‘fintech’ has led to cryptocurrencies and now central bank digital currency (‘CBDC’) (on cryptocurrencies, see Reddy & Lawack, ‘An overview of the regulatory developments in South Africa regarding the use of cryptocurrencies’ (2019) 31 SA Merc LJ 1–28; see also Deloitte, ‘Are Central Bank Digital Currencies (CBDCs) the money of tomorrow?’, available at https://www2.deloitte.com/ie/en/pages/financial-services/ articles/central-bank-digital-currencies-money-tomorrow.html, accessed on 3 May 2021). A CBDC represents another potential innovation in the area of an evolving branch of the law called ‘fintech law’. This exploratory analysis provides an overview of the meaning of CBDC and the legal nature of money and CBDC. In addition, it provides a broad overview of some legal implications, policy considerations and regulatory issues. Challenges and risks are also highlighted.
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    Message from the Deputy Vice Chancellor
    (SADJ - South African Dental Journal, 2018) Lawack, Vivienne
    The 40th-anniversary celebration of the Faculty of Dentistry comes at a time when the faculty has made huge inroads in the profession, as well as in oral health care in South Africa and on the continent. Besides being the largest provider of dentists to our system, The Faculty has embraced being innovative in their teaming and teaching and research-led in their scholarly work.
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    Mobile money, financial inclusion and financial integrity: The South African case
    (Washington Journal of Law, Technology and Arts, 2013) Lawack, Vivienne
    The usage of mobile banking and in particular, payments by means of mobile phones, has increased in recent years in South Africa, with consequent impacts from a legal and regulatory point of view. South Africa is a developing economy with a large "unbanked" sector. That is, a large segment of the population does not have bank accounts and "banking" happens through informal means. This Article deals with the legal and regulatory framework pertaining to mobile money and examines issues relating to financial integrity and financial inclusion as they present themselves in South Africa. The author states that the regulatory framework in South Africa is not entirely conducive to greater financial inclusion and argues for a better balance between the regulation of risk and access to the payment system through an enhanced implementation of a risk-based approach
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    An overview of the first draft of the conduct of financial institutions bill and the potential impact on the national payment system in South Africa
    (Juta Law, 2020) Lawack, Vivienne; Visagie-Swart, Lynette
    Over the last decade National Treasury (‘Treasury’) has been rigorously acting on its commitment to promote a stable and safe financial sector for South Africa. The means by which Treasury elected to do so was the decision to move to a twin-peaks model of financial sector regulation in South Africa (‘the Twin Peaks’). Through the introduction of various carefully drafted legislative and regulatory instruments, South Africa, on 1 April 2018, welcomed the introduction of the Twin Peaks model of financial sector regulation through the commencement of the Financial Sector Regulation Act 9 of 2017 (‘FSR Act’). On this very same day, we saw the establishment of the two main Twin Peaks regulators: the Prudential Authority (‘PA’) and the Financial Sector Conduct Authority (‘FSCA’).
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    Overview of the role-players in the investigation, prevention and enforcement of market-abuse provisions in South Africa
    (Nelson Mandela university, 2013) Lawack, Vivienne; Chitimira, Howard
    This article analyses the role and effectiveness of selected key role-players primarily dealing with the investigation, prevention and enforcement of the market abuse prohibition in South Africa in order to increase awareness on the part of the general public, policy-makers and other relevant stakeholders. To this end, the article provides an overview analysis of selected role-players as well as their distinct functions in the investigation, prevention and combating of market-abuse practices in South Africa. This is done by discussing the roles of the Financial Services Board, the Directorate of Market Abuse and the Enforcement Committee.
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    Probing the context of vulnerability: Zimbabwean migrant women’s experiences of accessing public health care in South Africa
    (African Human Mobility Review (AHMR), 2021) Lawack, Vivienne; Mutambara, VM; Mulu, NNT
    South Africa has a professed inclusive health policy that articulates that everyone is entitled to have access to healthcare services, regardless of nationality and citizenship. However, several challenges exist for migrant women in South Africa, in accessing this health care. This paper, based on the experiences of Zimbabwean migrant women residing in Durban, focuses on their experiences of seeking and accessing health-care services in South Africa. Using a qualitative study design, semi-structured interviews were conducted with 22 purposively sampled female participants aged 25–49 years. This paper employs a structural-violence analysis to probe the underlying factors that make it challenging for Zimbabwean migrant women to access public health-care services in South Africa. The findings of this paper highlight that the lack of valid immigration documentation, often makes it challenging for participants to access services from public hospitals and clinics. The findings also reveal that the state of the South African public healthcare system predisposes migrant women to health risks.
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    Reflections of academic and professional leaders on leadership in a higher education institution
    (OpenJournals Publishing AOSIS (Pty) Ltd, 2020) Frantz, Jose M.; Lawack, Vivienne; Rhoda, Anthea J.
    Higher education institutions are under pressure to address the challenge of the leadership pipeline. Therefore, the need exists to explore the potential of current leaders and their views of leadership in higher education. Research purpose: The study aimed to explore the views of how academic and professional support leaders have shifted their thinking of and approach to leadership following their participation in a leadership development programme. Motivation for the study: Understanding the views of potential leaders about leadership and how leadership development programmes can influence their thinking is essential. Research approach/design and method: Qualitative data was gathered by means of a document analysis using reflections submitted by 19 participants of a leadership development programme. Main Findings: The results showed that the programme had an impact on how participants started reflecting on leadership styles beyond the usual description of leadership styles. Additionally, participants used the opportunity for introspection of their own role as a leader and how they need to adapt.
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    Towards a legal and regulatory framework for South African domestic remittances: Some considerations
    (AHMR - African Human Mobility Review, 2021) Lawack, Vivienne
    This paper is an exploratory study that examines the legal and regulatory framework for domestic remittances within the South African legal context. The author makes some proposals for consideration in the review of the National Payment System Act No 78 of 1998 (NPS Act) with regards to domestic remittances as a retail, lowvalue payment service. To this end, the paper provides an understanding of domestic remittances, the transaction, process and channels used. It also contextualizes domestic remittances within the South African National Payment System (NPS) and finally examines the current gaps that can be remedied through the review of the NPS Act. The author argues that if financial inclusion is to be promoted, the regulatory framework pertaining to domestic remittances should enable, rather than inhibit the use of domestic remittances as a payment service