Browsing by Author "Ngcetane-Vika, Thelela"
Now showing 1 - 9 of 9
Results Per Page
Sort Options
Item A comparative analysis of strengths and weaknesses of corporate governance practices between two jurisdictions; UK and South Africa(2021-05-28) Costa, King; Ngcetane-Vika, ThelelaThis paper is an exploration of theoretical aspects underpinning the practice of Corporate Governance (CG) in the United Kingdom and South Africa. Because of several corporate scandals and failures in the twenty and twenty first siècles, Corporate Governance has been a significant and crucial subject and field of study in business schools in recent years. Leadership and Management of business entities and alignment to prescripts that are statutory formulated for prevention of corporate decline and enhancement of sound business principles continue to be highly contentious issues. A theoretical and exploratory narrative synthesis was conducted to unearth the strengths and weaknesses of contextual explication, practice and legal application of Corporate Governance in both the United Kingdom and South Africa. In terms of the UK, the study found out that the CG is designed and benchmarked on international best practice, seamlessly fitting within all the Codes on Key Aspects of Corporate Governance. Secondly, another major element of strengths determination were found to be inherent in the practice of voluntary compliance. However, the greatest criticisms of Corporate Governance theories in the UK was the fact that their focus is largely on public corporations, especially those listed in London stock exchange and thus, leave behind small and medium enterprises. The cultural diversity is also found to be a cause for concern in terms of practice and legal application. On the other hand, in South Africa, the study found out that consideration for diversity is one of the greatest strengths in CG practice and legal application, which is likely to contribute effectively to good and sound decision-making, reflective of all people. Weaknesses continue to be the delay in realisation of board equity in terms of gender while on the other hand, corruption and lack of adherence to retributive prescripts remain problematic.Item A Theoretical Discourse of Queen Nonesi of Abathembu: A Pioneer Woman Leader Brought Back to Memory(2023-10-25) Ngcetane-Vika, Thelela; Thusi, Nisi; Costa, KingQueen Nonesi of abaThembu was one of the outstanding women leaders from amongst the Xhosa people during the difficult days of the colonial epoch. She led her people with bravery and fortitude, during those turbulent times. She was also able to save her people from losing their land more than once, through her negotiation and diplomatic skills. She died in 1880 at the age of 65 after leading her people for almost 40 years. Thus, a juxtaposition of the current narrative on women leadership against the portrayal of her life history and leadership acumen, tenacity and intentionality warrants the foregoing research question: Can Queen Nonesi be celebrated as a champion of women leadership by contemporary African women as they seek to assert their God-given right to lead? Using a narrative synthesis hinged upon Ubuntu philosophy, this piece is the first of a sequel that focusses on Southern Women Leaders and their impact on contemporary leadership strategies. This study holds several significant implications. Firstly, it aims to shed light on the historical contributions of women leaders from the Xhosa people, challenging the dominant narrative that often overlooks or marginalizes their roles. By highlighting Queen Nonesi's achievements, the study seeks to foster a greater appreciation for the leadership capabilities of African women. Secondly, the study seeks to inspire contemporary African women who are striving to assert their right to lead. By examining Queen Nonesi's leadership qualities and strategies, the research aims to provide valuable insights and lessons that can inform and empower women leaders today. Lastly, the study's utilization of Ubuntu philosophy as a guiding framework offers a unique perspective on leadership. By emphasizing the communal aspects of leadership and the interconnectedness of individuals, the research aims to promote a more inclusive and collaborative approach to leadership in contemporary African contexts.Item Common Law Director Duties and Shareholder Remedies as codified into the UK Companies Act 2006(2023-08-22) Ngcetane-Vika, ThelelaThe UK Companies Act 2006 is a pioneering statutory instrument, hailed for its success in the codification of common law rules and simultaneously influencing reforms and harmonising the company rules, allowing for easy application and certainty. The general rule is that the twin set of shareholder and directors, through the doctrine of separation of ownership and control, play a critical role in running a company's affairs. Further, the reforms also brought judicial clarity for courts to interpret and apply the law with relative ease and legal certainty. These reforms became the cornerstone of corporate governance, with several commonwealth jurisdictions like South Africa’s 2008 Companies Act borrowing heavily from the UK. Correspondingly, the UK Companies Act has been pivotal in setting the scene for South African Companies Act. This study aims to conduct a qualitative research on the codification of the director’s duties in the UK Companies Act 2006, using legal theory. Thus, the empirical basis for this examination includes secondary sources, including a literature review of books, articles, case law and relevant Statutes. Both content and thematic analysis were employed. It is anticipated that the recommendations of this study could assist policy-makers, leaders and contribute to the body of legal knowledge.Item Comparative analysis of Anti-Money Laundering (AML) and Counter Terrorist Financing (CTF) regimes in the UK and USA(2022-05-18) Ngcetane-Vika, ThelelaThis paper examines the Anti-Money Laundering (AML) initiatives and Counter Terrorist Financing (CTF) approaches in the United Kingdom (UK) and United States of America (USA). Furthermore, it examines the various regulatory frameworks in the above-mentioned jurisdictions. AML/CTF regulations are very critical for the security of economies and societies because they provide frameworks and guidelines for detecting and combating money laundering and other associated crimes. Some of the significant statutory frameworks are: The Bank Secrecy Act (BSA) in the United States, the USA Patriot Act, the Anti-Money Laundering Directives (AMLDs) in Europe, the Sanctions and Anti-Money Laundering Act (SAMLA) in the United Kingdom, and the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (PCMLTFA) in Canada are some examples of these laws. The paper used legal methodologies to explicate the phenomenon under investigation. A doctrinal methodology hinges upon analysis of existing case laws, statutes and other primary sources to understand better the legal proposition. The study established that AML and CTF compliance is one of the important outcomes beneficial to combating Money Laundering and Terrorist Financing. Key Words: Money laundering, Terrorist financing, Regulatory frameworks, ComplianceItem Connecting Theoretical Perspectives and Praxis on African Women Leadership and Development Agenda(2021-05-08) Costa, King; Ngcetane-Vika, ThelelaAfrican women are becoming increasingly relevant in the continent's development and growth agenda. For decades, African women have been seen as a backbone and connective tissue for spiritual growth and sustainable societies, in fields such as religion, culture, economics, and politics, to name a few. This review is part of PhD studies on African women leadership development. The aim of this paper is to explore a functional connection between theoretical perspectives and practical application in real life regarding the agenda on developing leadership capabilities for women. A qualitative evidence synthesis was used as a method of inquiry and thematic expressions were developed using the COSTA QDA Technique. Results culminated in three thematic expressions that explicated a disconnect between popular theories on women development agenda and practical application in a collaborative approach. However, an emphasis was made on the requirement for women in influential leadership positions to coach and mentor others. Findings further indicated that women at grassroots level were enthusiastic and ready for programmes and environments that enable leadership capabilities, development and growth. The study concluded that formal and sustainable mentorship and coaching programmes that integrate all stakeholders (males and females) in a collaborative approach should be developed.Item Corporate Governance exercised through the delicate balance between Shareholder’s rights and Board roles in Europe(2023-08-22) Ngcetane-Vika, ThelelaCorporate governance is fundamental to well-run organisations. Accordingly, it is associated with the positive performance of corporations and international best practices. It is the blueprint that helps shareholders scope their activities and engagement within a company, including the role and structures of the Board of Directors (BoD). It is against this backdrop that the BoD is the nexus between executive leadership and corporate governance, a hallmark of an effective functioning corporation and the affirming of an integrative approach. Thus, good corporate governance is arguably an important tool in curbing corporate malfeasance and limiting scandals in corporations. Conversely, poor corporate governance is observed when there are lapses in this relationship between shareholder‘s rights and board roles. Invariably, this leads to corporate lapses and scandals. Europe has made strides in corporate governance, through its developing legislative framework. Pursuantly, corporate governance theories exercised in Europe posit ownership and management as key variables to achieving well-run organizations. Thus, central to corporate governance is the principle of separation of ownership and management. In tandem with this view, good corporate governance is achieved through the delicate balance of the rights of shareholders as owners of the company and the roles of directors who have the duty to run the affairs of the company, as enshrined in the Statute governing Company law. The empirical basis for this paper has included collecting data mostly from primary and secondary sources, including literature review on books, articles, caselaws and relevant Statutes. The paper contributes to theory, practice, and policy formulation but specifically, to the importance of shareholders’ rights and board roles in corporate governance in Europe. Similarly, policymakers could find these insights useful to inform evidence-based practices and policymakingItem Digital Technology transforming the nature of commercial contracts: An exploration of English law and the South African law(2023-08-22) Ngcetane-Vika, ThelelaDigital transformation has become an interesting area of research to legal scholars who seek to study how it has impacted regulatory frameworks and in this case, laws that govern commercial contracts. Undoubtedly, digitalisation has drastically changed how business is done and by extension commercial contracts. Digital transformation has far reaching implications on commercial contracts. Thus, Legislative frameworks are needed to regulate online business which culminates into standardisation of commercial contracts, on areas like Block Chain and Artificial intelligence. The aim of this paper, therefore, is to assess how the English law and South African laws are responding, in relation to digital transformation and commercial contracts. Digital transformation (DT) can be traced back to the year 2000 when its use became prevalent as the rapid increase of the use of digital technologies has become important in societies, governments and businesses. Undoubtedly, DT has revolutionised how business and societies function. This particular investigation hinged upon qualitative research tradition, whereby a non-intrusive case study approach was followed. Pursuantly, the empirical basis for this essay included mostly primary and secondary sources such as literature review on articles, books, case laws and relevant Statutes. This paper is structured to include an analysis of key concepts as part of the theoretical framework, especially commercial contracts and digital technology. Futhermore, to assess how the South African laws are responding to digital transformation in relation commercial contracts. At the end, to conduct a comparative analysis of English law versus South African law in relation to digital transformation and commercial contracts. The paper hopes to contribute to the body of knowledge on digitalisation and commercial law.Item Do Human Rights laws in Europe adequately deal with Offensive Speech?(2023-08-22) Ngcetane-Vika, ThelelaIt is a widely accepted view that the universal nature of human rights and civil liberties are innate and fundamental in democratic societies. In the aftermath of the Second World War that saw massive human rights violations and bloodbath, the United Nations General Assembly adopted the Universal Declaration of Human Rights in 1948. The adoption of the Universal Declaration of Human Rights(UDRH) still reigns supreme to this day as a backbone of human rights. Those rights include freedom of expression, freedom of association, freedom of religion, right to dignity, right to life, among others. The rise in anti-immigration and anti-Islam rhetoric in political debates across Europe has brought into sharp focus the role of human rights when faced with expression that offends particular groups within society. Thus, the Universal Declaration of Human Rights (UDHR), the European Convention for the Protection of Human Rights, Article 19 of the International Covenant on Civil and Political Rights and Fundamental Freedoms adopted the freedom of expression although worded slightly different on each but the principles are similar. The empirical basis for this paper has included mostly primary and secondary sources, including literature review on books, articles, reading annual UN and EU reports, global reports and relevant Statutes. This project is structured to include; firstly, an analysis of key frameworks that include the human rights, especially freedom of speech and offensive speech. Secondly, concluding a summary of the essence of the research and key findings. Those include that freedom of speech rights come with responsibilities. Thus, Legislative interventions and court precedents continue to bring legal and judicial clarity on what is an offensive speech.Item The Art of Self-Leadership during times of unprecedented Global Change(2023-08-22) Ngcetane-Vika, Thelela; Mdhluli, MAIntroduction: Self-leadership has become as important as leading others, and subsequently, it has added an interesting dimension to the study of leadership. Scholars and practitioners alike have studied self-mastery, especially those concerned with human behavior and leadership. There is evidence that the ability to lead oneself ought to take precedence over leading others. It is against that background that this study, therefore, examines the art of self-leadership during times of unprecedented global change, where uncertainty abounds. Leadership theories posit that several factors and circumstances influence great leaders. Accordingly, both the conceptual and theoretical frameworks argue that the most critical tool in the exercise of leadership is the leader. Interestingly, empirical evidence reveals that leaders have enormous power to shape and redirect the course of history, and that begins with their ability to lead themselves first, then others. Methods: The study has employed a qualitative and exploratory approach using non-intrusive case studies. The data has been analyzed through an intepretivist lens. In addition, the paper applied phenomenology to get a better understanding of Self-leadership as a construct. Pursuantly, the paper interpreted experiences and meaning of the phenomenon. Lastly, the study also employed thematic analysis. Findings and Conclusion: The study, therefore, seeks to contribute to the broader understanding of the concept of self-leadership and as a developing framework. In addition, we found that self-leadership could be an effective complimentary framework to the other well-developed leadership theories. Thus, its findings could provide relevant insights into the art of self-leadership and may inspire future research. The results could equip leaders and individuals to better use the power within to transform themselves and societies.