South African Case Research Articles

Impediments during the execution of a search and seizure warrant for digital information by forensic investigators in South Africa

PurposeThis paper aims to identify impediments, discuss impediments and make recommendations for the impediments during the execution of a search and seizure warrant for digital evidence in South African criminal cases.Design/methodology/approachThe discussion of this article, the second article of two, focuses on a literature review of international and local impediments identified in case law and published research literature and how it is approached in various jurisdictions.FindingsThis study found that impediments identified and addressed internationally during the execution of a search and seizure warrant for digital evidence are relevant to South African criminal cases and still need to be addressed during the execution of a search and seizure warrant for digital evidence in South African criminal cases.Research limitations/implicationsAlthough searches and seizures for digital evidence are relevant to civil, regulatory and criminal investigations, this study focuses on the search and seizure for digital evidence in criminal matters with an emphasis on the provisions of the Criminal Procedure Act 51 of 1977 and the Cybercrimes Act 19 of 2020.Originality/valueThe originality of this paper lies in the procedures followed during the physical search and seizure of digital information during the execution of search and seizure warrants for digital information in South Africa. If the South African Police Service follows the recommended procedures, it will contribute to the success of the South African Police Service, which would result in the improved quality of investigations and successful prosecution of crime in South Africa.

The impact of non-pharmaceutical interventions on the first COVID-19 epidemic wave in South Africa

ObjectiveIn this study, we investigated the impact of COVID-19 NPIs in South Africa to understand their effectiveness in the reduction of transmission of COVID-19 in the South African population. This study also investigated the COVID-19 testing, reporting, hospitalised cases, excess deaths and COVID-19 modelling in the first wave of the COVID-19 epidemic in South Africa.MethodsA semi-reactive stochastic COVID-19 model, the ARI COVID-19 SEIR model, was used to investigate the impact of NPIs in South Africa to understand their effectiveness in the reduction of COVID-19 transmission in the South African population. COVID-19 testing, reporting, hospitalised cases and excess deaths in the first COVID-19 epidemic wave in South Africa were investigated using regressional analysis and descriptive statistics.FindingsThe general trend in population movement in South African locations shows that the COVID-19 NPIs (National Lockdown Alert Levels 5,4,3,2) were approximately 30% more effective in reducing population movement concerning each increase by 1 Alert Level. The translated reduction in the effective SARS-CoV-2 daily contact number (β) was 6.12% to 36.1% concerning increasing Alert Levels. Due to the implemented NPIs, the effective SARS-CoV-2 daily contact number in the first COVID-19 epidemic wave in South Africa was reduced by 58.1–71.1% while the peak was delayed by 84 days. The estimated COVID-19 reproductive number was between 1.98 to 0.40. During South Africa’s first COVID-19 epidemic wave, the mean COVID-19 admission status in South African hospitals was 58.5%, 95% CI [58.1–59.0] in the general ward, 13.4%, 95% CI [13.1–13.7] in the intensive care unit, 13.3%, 95% CI [12.6–14.0] on oxygen, 6.37%, 95% CI [6.23–6.51] in high care, 6.29%, 95% CI [6.02–6.55] on ventilator and 2.13%, 95% CI [1.87–2.43] in isolation ward respectively. The estimated mean South African COVID-19 patient discharge rate was 11.9 days per patient. While the estimated mean of the South African COVID-19 patient case fatality rate (CFR) in hospital and outside the hospital was 2.06%, 95% CI [1.86–2.25] (deaths per admitted patients) and 2.30%, 95% CI [1.12–3.83](deaths per severe and critical cases) respectively. The relatively high coefficient of variance in COVID-19 model outputs observed in this study shows the uncertainty in the accuracy of the reviewed COVID-19 models in predicting the severity of COVID-19. However, the reviewed COVID-19 models were accurate in predicting the progression of the first COVID-19 epidemic wave in South Africa.ConclusionThe results from this study show that the COVID-19 NPI policies implemented by the Government of South Africa played a significant role in the reduction of COVID-19 active, hospitalised cases and deaths in South Africa’s first COVID-19 epidemic wave. The results also show the use of COVID-19 modelling to understand the COVID-19 pandemic and the impact of regressor variables in an epidemic.

Overcoming a legacy of racial discrimination: competing policy goals in South African academia

AbstractBecause discrimination is systemic, efforts to counter it must also be systemic. The South African case is instructive because it is extreme: Apartheid deliberately excluded the majority of the population, Black South Africans, from fully participating in society, but post-Apartheid efforts to achieve transformation have had limited success. This article examines the university system, where transformation involves increasing the size of the system; improving scientific quality and changing the racial composition. This will require more Black South Africans to do PhDs, to select academic careers and to be selected into the top universities. Policy interventions can be developed for each of these elements, but will they be complementary or contradictory? We simulate a calibrated model to address this question. Results reveal direct trade-offs, with different combinations resulting in different benefits. By highlighting the differential gains of different policy combinations, this article can support informed policy-making about a highly complex issue.

The use of game-based learning to enhance student engagement in the acupuncture programme: South African students’ opinions

Student engagement plays an important role in promoting student success at higher education institutions. It is of profound significance to improve student engagement through the utilisation of effective pedagogical approaches, such as game-based learning. However, there is a lack of study in the South African context focusing on game-based learning at higher education institutions. This study aimed to explore students’ views and experiences on game-based learning at an identified university in South Africa. The constructivism learning theory was anchored in this study as a theoretical lens. In this study, the authors adopted a qualitative single case study design within an interpretivist paradigm. A purposive sampling technique was followed to recruit participants from a public university in South Africa since it is the only university that provides acupuncture programmes in this country. Six participants were recruited for this study. The authors utilised thematic analysis to analyse the data. The findings of this study revealed that participants shared positive views and attitudes toward game-based learning. They believed that game-based learning significantly motivated them in the learning process. Furthermore, game-based learning also reduced their stress in learning compared to the learning in normal classrooms. They reported that game-based learning not only improved their engagement in learning but also enhanced their knowledge and skills. This study also highlighted that game-based learning should be well-planned to avoid demotivating students. It can be concluded that game-based learning is an effective approach to improve student engagement. Further studies should be conducted with diverse research approaches at different higher education institutions.

Impediments during the compilation of a search and seizure warrant for digital information by forensic investigators in South Africa

Purpose The purpose of this paper is to identify and discuss impediments in the compilation of an application for a search and seizure warrant for digital evidence and the structure of such a warrant in South African criminal cases. Design/methodology/approach This paper provides a brief overview of international and local impediments, followed by a detailed discussion of the implications of these impediments and how it is approached in various jurisdictions. The methodology of this paper consists of a literature review. Findings Addressing the impediments in the compilation of the application and the warrant will be beneficial for forensic investigators, the South African Police Service (SAPS) and the administration of justice in South Africa. Research limitations/implications Search and seizures for digital evidence form part of civil, regulatory and criminal search and seizures. This study focuses on the search and seizure of digital evidence in criminal matters pursuant to mainly the provisions of the Criminal Procedure Act 51 of 1977 and the Cybercrimes Act 19 of 2020. Originality/value The originality of this paper lies in the approach to the drafting of applications for search and seizure warrants for digital information in South Africa. The contribution of the study is that, by using this approach, the SAPS can address the impediments during the application and compilation of the warrants, which would enhance the quality of investigations and contribute to the successful investigation and prosecution of crime in South Africa.

South Africa’s economic response to the Covid-19 crisis: a post-pandemic shift or more of the same?

Many observers see the Covid-19 crisis as marking a major shift in neoliberal globalization. We analyze this question from the perspective of South Africa. We argue that the 2020 crisis has not precipitated a major shift as much as it has rapidly accelerated trends which were already under way since 2008. We illustrate this through an account of political and economic developments in South Africa since 2008, showing how ongoing trends shaped the government’s economic response to the Covid-19 crisis. We argue that the South African case illustrates broader trends in global capitalism. It suggests some significant departures from the version of neoliberal globalization that has prevailed in the past few decades. But on the fundamental question of the balance of economic power both between classes and between the global South and North, there is little reason for optimism.

Analysis of Structural Variants Previously Associated With ALS in Europeans Highlights Genomic Architectural Differences in Africans.

Amyotrophic lateral sclerosis (ALS) is a degenerative condition of the brain and spinal cord in which protein-coding variants in known ALS disease genes explain a minority of sporadic cases. There is a growing interest in the role of noncoding structural variants (SVs) as ALS risk variants or genetic modifiers of ALS phenotype. In small European samples, specific short SV alleles in noncoding regulatory regions of SCAF4, SQSTM1, and STMN2 have been reported to be associated with ALS, and several groups have investigated the possible role of SMN1/SMN2 gene copy numbers in ALS susceptibility and clinical severity. Using short-read whole genome sequencing (WGS) data, we investigated putative ALS-susceptibility SCAF4 (3'UTR poly-T repeat), SQSTM1 (intron 5 AAAC insertion), and STMN2 (intron 3 CA repeat) alleles in African ancestry patients with ALS and described the architecture of the SMN1/SMN2 gene region. South African cases with ALS (n = 114) were compared with ancestry-matched controls (n = 150), 1000 Genomes Project samples (n = 2,336), and H3Africa Genotyping Chip Project samples (n = 347). There was no association with previously reported SCAF4 poly-T repeat, SQSTM1 AAAC insertion, and long STMN2 CA alleles with ALS risk in South Africans (p > 0.2). Similarly, SMN1 and SMN2 gene copy numbers did not differ between South Africans with ALS and matched population controls (p > 0.9). Notably, 20% of the African samples in this study had no SMN2 gene copies, which is a higher frequency than that reported in Europeans (approximately 7%). We did not replicate the reported association of SCAF4, SQSTM1, and STMN2 short SVs with ALS in a small South African sample. In addition, we found no link between SMN1 and SMN2 copy numbers and susceptibility to ALS in this South African sample, which is similar to the conclusion of a recent meta-analysis of European studies. However, the SMN gene region findings in Africans replicate previous results from East and West Africa and highlight the importance of including diverse population groups in disease gene discovery efforts. The clinically relevant differences in the SMN gene architecture between African and non-African populations may affect the effectiveness of targeted SMN2 gene therapy for related diseases such as spinal muscular atrophy.

A balancing act: Non-directive communication, risk perceptions, and meeting patient needs in genetic counseling: A South African case study.

Genetic counseling (GC) traditionally follows a non-directive counseling approach. Although a cornerstone of GC teaching and theory, there has been debate on whether GC is, can be, or should be a patient-led service due to challenges in practice, as well as the advancement and complexity of genetic testing. Personal risk perceptions and patient expectations within particular contexts may further affect how genetic counselors discuss risk information, even while attempting to remain neutral. Less is known about the process of GC communication in non-Western settings. This paper presents empirical evidence from a South African prenatal GC consultation where tensions become apparent due to differing risk perceptions and expectations between a genetic counselor and a patient, which ultimately impacts non-directive communication practice. The case study forms part of a larger qualitative study focusing on risk and uncertainty communication within GC consultations in Cape Town, South Africa. A blended sociolinguistic approach drawing on principles of conversation analysis (CA) and theme-orientated discourse analysis (TODA) provides evidence of the complexity of imparting risk information and challenging patients to reflect on their decision-making, whilst refraining from sharing personal risk perceptions during everyday practice. The case study demonstrates how a genetic counselor may become implicitly and explicitly directive in their communication approach within the same consult which may reveal their personal risk perceptions on the matter discussed. In addition, the case study reveals how a genetic counselor may grapple with the dilemma of honoring the non-directive guidelines of the profession, whilst simultaneously supporting a patient who requests advice. The ongoing debate on non-directive counseling, decision-making, and patient care in GC is important for the reflection and development of the profession to understand how to assist and support patients facing sensitive and difficult decisions, in a meaningful, and contextually-tailored manner.

Knowledge, awareness, and perception of senior high school learners towards nuclear energy: A South African case study

This study investigated senior South African high school students’ levels of knowledge, perception, attitude, and awareness toward nuclear energy using paper-based, semi-structured questionnaires and digital data collection instruments through online Google forms. The sample consisted of 100 high school students from two schools. Fifty students were chosen from a public school, and fifty students were selected from a private/independent school. It was found that regardless of the type of school, students showed little to no knowledge, low awareness, and significant ignorance of nuclear energy. The majority of students had never heard of nuclear energy. In terms of initial exposure to the concept of nuclear energy, private school learners seemed to have been exposed to the industry more through television. In contrast, for public school learners, educators were their main sources of introduction. Conversely, the perception of this form of energy is much more positive in private schools than in public schools. This study highlights the existence of a severe gap in high school education regarding the teaching and learning of nuclear energy. Hence, an energy-cognizant curriculum is needed to bridge the gap in both public and private schools.

A COMPARATIVE ANALYSIS BETWEEN THE CUSTOMARY AND ISLAMIC LAWS OF INTESTATE SUCCESSION WITH REGARD TO DISCRIMINATION: A SOUTH AFRICAN CONSTITUTIONAL LAW CASE STUDY

The law rule of male primogeniture (customary law of succession) was found to be unconstitutional in Bhe and Others v The Magistrate Khayelitsha and Others (Bhe) based on it unfairly discriminating against females. The Constitutional Court held that the rule of male primogeniture was inconsistent with the Constitution and invalid to the extent that it ‘excludes or hinders women … from inheriting property.’ Muslims have been living in South Africa for over 300 years. These persons are required in terms of their religion to follow Islamic law. There has (to date) been no legislation enacted by the South African government that gives effect to the Islamic law of succession. A Muslim daughter could argue that the Islamic law of intestate succession per se discriminates against females, as a Muslim son would always inherit double the share of a Muslim daughter. This article compares the position of females in terms of the customary and Islamic laws of intestate succession. An overview of the South African law of intestate succession is provided by way of introduction. This is followed by examining certain South African intestate succession law court cases where discriminatory provisions were challenged. The 2:1 rule as found within the Islamic law of intestate succession per se is then investigated. The article then examines the constitutionality of the 2:1 rule as found within the Islamic law of intestate succession per se based on the same constitutional principles applied in the Bhe judgment where the constitutionality of the rule of male primogeniture was investigated. The article concludes with an analysis of the findings and a recommendation.

Does Mistaken Belief in Consent Constitute a Defence in South African Rape Cases?

In the 2020 case of Coko v S 2022 1 SACR 24 (ECG), the Eastern Cape High Court held that a person's mistaken belief in consent to penetrative sex could constitute a valid defence in law. In statutory provisions and jurisprudence, the absence of the victim's consent is fundamental in establishing a case of rape. This paper evaluates the decision, where it was held that when an appellant reasonably believes that the complainant/victim had consented to sex, this alone could be enough to acquit the appellant of the charge of rape.

African Vernacular Symbols of Black Intersex Children in Sinethemba Ngubane's Installations (2007-2016)

African Vernacular Symbols of Black Intersex Children in Sinethemba Ngubane's Installations (2007-2016)

The Impact of Communication Management on National Development Plan: A South African Case Study

The Impact of Communication Management on National Development Plan: A South African Case Study

Social (in)justices during the educator developmental appraisal process: A post-apartheid South African case study

Globally, the appraisal of educators remains a contested issue as the process, which aims to provide support and development to educators, is generally considered a punitive measure for educators. Within the South African context, the Integrated Quality Management System is used to evaluate educators. Drawing on Fraser’s theories of social justice, this article explores the perspectives of 11 educators regarding educator developmental appraisal in post-apartheid South Africa as a catalyst for social (in)justice. Data was collected through semi-structured interviews and analysed using critical discourse analysis. This article highlights the importance of social justice practices in enhancing learner achievement and foregrounds the (in)justices often witnessed during the appraisal process. Findings reveal that the developmental appraisal process has the potential to promote social justice; however, contextual factors seem to be hindering the successful implementation of the appraisal process.

Developing an evaluation approach to consider the influence of country context on environmental impact assessment performance, from a southern African perspective.

Environmental impact assessment (EIA) as an environmental policy has been adopted in some countries. However, in terms of achieving its stated objectives in the developing country context, EIA system performance often falls short compared with the developed country context. Evaluation of EIA system performance has gained considerable attention with the aim of ensuring the achievement of its purpose, most recognizably the promotion of sustainable development through informed decision-making. Different evaluation approaches have been developed and applied to explore areas of inadequacy in the EIA system components, EIA implementation, and EIA report. Researchers have considered the context of the EIA system as the underlying cause of its limited performance in developing countries. However, the literature has not rigorously explored the relationship between EIA system performance and country context, and it is the subject of ongoing debate. Our aim in this article is to contribute to the practical analysis of the influence of country context on EIA system performance. Drawing on the conceptual frameworks and evaluation methods in the literature, we propose an evaluation approach to the EIA system performance that combines the importance of considering the country context in the evaluation process. It consists of EIA system components, EIA report, and an indicative set of country context indicators. The developed evaluation approach was validated by applying it to four case studies from southern Africa. The South African case study results are presented here. The outcome is a practical evaluation approach that promotes understanding of the relationship between EIA system performance and country context and can improve EIA system performance. Integr Environ Assess Manag 2023;19:1510-1524. © 2023 The Authors. Integrated Environmental Assessment and Management published by Wiley Periodicals LLC on behalf of Society of Environmental Toxicology & Chemistry (SETAC).

Development and validation of a real-time testbed for renewable energy integration studies: South African grid code case study

Purpose Despite South Africa’s ailing electrical grid, substantial renewable energy (RE) integration is planned for the country. As grid-integrated RE affects all grids differently, this study aims to develop an adaptable grid code-guided renewable power plant (RPP) control real-time simulation testbed, tailored to South African grid code requirements to study grid-integrated RE’s behaviour concerning South Africa’s unique conditions. Design/methodology/approach The testbed is designed using MATLAB’s Simulink and live script environments, to create an adaptable model where grid, RPP and RPP guiding grid codes are tailorable. This model is integrated with OPAL-RT’s RT-LAB and brought to real-time simulation using OPAL-RT’s OP4510 simulator. Voltage, frequency and short-circuit event case studies are performed through which the testbed’s abilities and performance are assessed. Findings Case study results show the following. The testbed accurately represents grid code voltage and frequency requirements. RPP point of connection (POC) conditions are consistently recognized and tracked, according to which the testbed then operates simulated RPPs, validating its design. Short-circuit event simulations show the simulated wind farm supports POC conditions relative to short-circuit intensity by curtailing active power in favour of reactive power, in line with local grid code requirements. Originality/value To the best of the authors’ knowledge, this is the first design of an adaptable grid code-guided RPP control testbed, tailored to South African grid code requirements in line with which RPP behavioural and grid integration studies can be performed.

Accounting for Heterogeneity among Youth: A Missing Link in Enhancing Youth Participation in Agriculture—A South African Case Study

Youth participation in the agricultural sector remains key to addressing youth unemployment. Young people represent a heterogeneous social group with markedly diverse social and economic needs that require tailor-made support interventions to enhance their participation in agricultural activities. The main objective of this article was to develop distinct youth typologies informed by diverse endowment of livelihood assets, including the psychological assets and entrepreneurial characteristics that shape young people’s career and livelihood choices, including participation in agriculture. A two-stage multivariate analytical approach was applied using principal component analysis (PCA) and cluster analysis (CA) to formulate youth typologies. Seven clusters were identified. The seven distinct clusters representing youth typologies were named “Training beneficiaries with access to extension”, “Job secure”, “Females endowed with negative psychological capital”, “Opportunist and determined livestock farmers”, “Social grant reliant”, “Resource poor traditional livestock farmers” and “Non-farming income with access to credit”. The results confirm that young people are indeed a heterogeneous group with diverse support needs. Unpacking the interrelated and multidimensional complexities among the youth is a vital take-off point to inform effective policy and tailor-made support interventions and effectively foster active youth participation in agriculture and related activities. We argue that support initiatives should not only address access to physical resources, but should also foster the development of soft skills such as entrepreneurial skills and boosting the psychological capital of young people while addressing gender inequalities.

The problem with decolonisation: entanglements in the politics of knowledge

AbstractIn the heat of the decolonisation struggles of the 2000s, there has been little space or tolerance for conceptual criticism of this important moment in global history. Using the South African case, this article outlines some of the dilemmas of decolonisation as a concept and method for dealing with legacy knowledge in the aftermath of colonialism and apartheid. The status of whites as citizens rather than colonials, the lack of determination of meanings of decolonisation within public universities, and the defanging of a potentially radical concept are among the concerns raised in this critical work on the uptake of the idea in post-apartheid society. What this criticism points to is the need for a theory of institutions when dealing with radical curriculum change rather than a politics that relies so much on the rhetorical, the symbolic and the performative in the demand for decolonisation.

Electricity Production and Economic Growth: The South African Case

Electricity Production and Economic Growth: The South African Case

Mining towns and migration: Comparing three South African cases

IntroductionThe South African economy has a long history of mining exploration. The first mining operations were recorded in 1852. Literature has expressed the need to continue exploring the implications of internal and cross-border in-migration on the labor market of destination areas. This paper investigates migration patterns in South Africa by focusing on three mining towns (Postmasburg, Rustenburg and Emalahleni) in three different provinces.MethodsThis paper utilizes survey data from primary sources to investigate the potential link between migration patterns and mining output. The surveys formed part of an interdisciplinary research project under the auspices of the Center of Development Studies (CDS) at the University of the Free State.Results and discussionPostmasburg is the only mining town that experienced recent periods of expansion. This is reflected in the significant increase in the number of migrants moving to Postmasburg during 2011 and 2012, and the shorter average length of stay of migrants in Postmasburg (7.2 years compared to 9.8 years in Emalahleni and 11.0 in Rustenburg). The results resonate with the neo-classical notion of self-interest among younger people as a motivating factor for migration. Migrants in our samples were significantly younger than the locally-born respondents and display higher levels of education. Empirical results confirm this positive return on increased education levels with a positive and highly statistically significant return to every additional year of formal education. In all three towns, the dummy variable included to represent a distinction between mineworkers and non-mineworkers was statically significant. This confirms the general perception that mineworkers in all these communities receive a premium in terms of their monthly earnings-even after controlling for different levels of education. As part of a future research agenda, the role of environmental factors as a driver of migration could also be investigated in depth in Southern Africa.