Conservative corporate compliance: Reflections on a study of compliance responses by South African banks

While corporate non-compliance receives much attention, conservative and over-compliant responses are often ignored. These responses go beyond what is required by a particular regulatory requirement. In many cases, regulators may support such responses because they advance regulatory objectives. In the context of risk-based regulation and compliance, especially the model implemented by the Financial Action Task Force to combat money laundering and financing of terrorists, that may, however, not necessarily be the case. With this risk-based approach, regulated institutions are required to respond to higher risks by adopting enhanced risk mitigation measures and are allowed to simplify those measures where the risks are assessed as low. Failure in the latter cases to simplify risk mitigation measures where appropriate, may be inefficient and, in some instances, may even undermine regulatory objectives. This article investigates the drivers of conservative responses by South African banks to statutory anti-money laundering and counter-terrorist financing laws.

Is removing blood donation barriers a donation facilitator? Australian African migrants’ view

Purpose – The aim of this study was to assess whether the removal of blood donation “barriers” facilitates blood donation intentions, using a sample of African migrants, and to identify the implications for social marketing. African migrants are currently under-represented as blood donors in Australia. Some members of the African community have unique donation needs that can only be served by this community. Design/methodology/approach – Interviews were conducted with 425 people from the African community in Victoria and South Australia. Factor analysis was performed on the barriers and the removal of barriers. Item groupings for both constructs differed, suggesting that barriers and their removal are not necessarily opposite constructs. Findings – The cultural society factor was negatively associated with blood donation intention (i.e. a barrier), whereas engagement and overcoming fear were positively associated with blood donation intention (i.e. facilitators). Cultural issues and lack of understanding were not seen to impede blood donation. Additionally, the removal of cultural barriers did not facilitate increases in blood donation intentions. Thus, the removal of barriers may not be sufficient on their own to encourage donation Research limitations/implications – This only examines the issue with regards to whether the removal of barriers is a facilitator of blood donation with one group of migrants, and relationships may vary across other migrant and non-migrant groups. Practical implications – Policymakers often use social marketing interventions to overcome barriers as a way of facilitating blood donation. This research suggests that removing barriers is indeed important because these barriers impede people considering becoming blood donors. However, the findings also suggest that the removal of barriers is insufficient on its own to motivate blood donations (i.e. the removal of barriers is a hygiene factor). If this is the case, social marketing campaigns need to be multifaceted, removing barriers as well as leveraging facilitators, simultaneously. Social implications – This work identified that the impact of barriers and their removal may facilitate effective social marketing campaigns in differing ways, in the context of blood donation. Originality/value – How barriers and their removal impact social marketing activities (i.e. blood donation behaviour) has generally not been explored in research.

Legal pluralism and progressive constitutionalism: An introduction to the South African challenge for post-national governace

The aim of this article is to contribute to the current academic debate on pluralistmechanisms of post-national governance as a particular type of ‘stateless law’. Moreprecisely, this article is conceived as an introduction to aid further research on the shape(and extent) that post-national governance may eventually assume (and reach) in SouthAfrica. Attention is, therefore, paid to legal pluralism as a key factor of pluralist settings ofpost-national government. An overview of the essence and features of post-nationalgovernance is provided, and a brief comparison is made between hard hierarchical andsoft-networked forms of governance. In pursuing the suggested roadmap, reference is madeto the current European landscape on post-national governance, which is ontologicallyinevitable in discussing the essence, structure, aims, challenges and limitations ofpost-national governance. Moreover, the necessity of adopting a comparative modusinvestigandi is due to the circumstance that although South Africa and the EuropeanUnion (EU) share important elements (e.g., legal pluralism, financial instability andfuture common challenges), South Africa has an extremely progressive constitution — aresult that the EU has been unable to achieve formally. Thus, while explaining whySouth Africa may represent fertile ground for such an architecture of governance, this articlediscusses why the South African Constitution may be a ‘value add’ that may help post-national governance avoid the difficulties thus far encountered on the Europeancontinent.

Promoting African music and enhancing intercultural understanding in teacher education

Australia is a culturally diverse nation. The Arts provide a pathway that contributes to the rich tapestry of its people. Tertiary music educators have the responsibility to provide opportunities to effectively prepare and engage pre-service teachers in becoming culturally responsive. The authors discuss the importance and need to include guest music educators as culture bearers when preparing pre-service teachers to teach multicultural music. Drawing on data from student questionnaires, author participant observation and reflective practice in 2014, the findings highlight the experiences and practical engagement of an African music workshop in teacher education courses. Generalisations cannot be made, however, the findings revealed the need, importance and benefits of incorporating guest music educators as culture bearers who have the knowledge, skills and understandings to contribute to multicultural music education. This experience may be similar to other educational settings and it is hoped that the findings may provide a platform for further dialogue in other teaching and learning areas.

South African adolescents' beliefs about depression

PURPOSE: This study explores the depression literacy in adolescents in South Africa. METHOD: A semi-structured questionnaire was administered to 2,050 students from disadvantaged secondary schools in Johannesburg region. RESULT: A total of 90.9% reported depression as an illness, and 41.4% considered it a sign of weakness. Parents and siblings followed by friends and teachers were the preferred support options. The indicators of depression identified were socialisation pattern changes (24.6%), sad mood (23.6%), sleeping and eating pattern changes (18.3%), irritable behaviour (12.5%) and other health risk behaviours (9.7%). CONCLUSION: The majority considered depression an illness. An improvement in adolescent mental health literacy will increase access to help when needed.

Sociocultural factors and perceptions associated with type 2 diabetes among sub-Saharan African migrants in Melbourne, Victoria

Aim: To explore how non-diabetic sub-Saharan African migrants residing in Melbourne, construct and interpret type 2 diabetes mellitus (T2DM) and its risk factors and to provide an evidence-based theoretical framework to inform community-based prevention programs. Methods: Seven focus group discussions (two with women only, two with men only and three of mixed gender) were carried out among Ghanaian, Zimbabwean, Sudanese and Burundian migrants living in Melbourne (n = 61; age range: 18 to 61 years). Results: Three distinct themes emerged: not paying much attention to the threat of T2DM and othering; T2DM being outside the individuals' control; and entrapment within rich industrialised culture and lifestyle. Participants perceived T2DM to be a disease of the wealthy caused by intake of too much sugar and sedentary behaviour, which were particularly compounded by lifestyle-related changes upon migration to an industrialised country. However, they also perceived T2DM to be associated with bad luck. Conclusions: Culturally competent prevention and education programs are needed to increase health literacy and dispel religious and cultural myths about T2DM among sub-Saharan African migrants.

The South African Doctrine of Notice: a comparative law perspective

The doctrine of notice was received into South African law in Cohen v Shires, Mchattie and King (1881-1884) 1 SAR TS 41 by reference to a 17th century Dutch decision and English equity.The reception of the polar star of equity has led to doctrinal problems and differing views as to requirements for the operation of the doctrine ever since. This is illustrated in the decision of the Supreme Court of Appeal in Meridian Bay Restaurant (Pty) Ltd v Mitchell 2011 (4) SA 1 (SCA). The Court mentioned fraud and equity as the doctrinal basis but also accepted the view that the doctrine is an anomaly which does not fit into the principles of either the law of delict or property law.The Court required actual notice (or dolus eventualis) and wrongfulness for the operation of the doctrine of notice. In the following discussion of the decision it is argued that for the operation of the doctrine it should be required that: (a) a prior personal right aimed at the acquisition of a real right existed; (b) a holder of a subsequent personal right was actually aware or foresaw the possibility of the existence of the prior personal right; and (c) the holder of the real right nonetheless infringed upon the prior personal right by concluding a subsequent contract and obtaining registration of the real right in the deeds office.