South African Practitioners Research Articles

European and American Perspectives on the Choice of Law Regarding Cross-Border Insolvencies of Multinational Corporations – Suggestions for South Africa

An increase in economic globalisation and international trade has amounted to an increase in the number of multinational enterprises that have debt, own assets and conduct business in various jurisdictions around the world. This, coupled with the recent worldwide economic recession, has inevitably caused the increased occurrence of multinational financial default, also known as cross-border insolvency (CBI). The legal response to this trend has, inter alia, produced two important international instruments that were designed to address key issues associated with CBI. Firstly, the United Nations Commission on International Trade Law (UNCITRAL) adopted the UNCITRAL Model Law on Cross-Border Insolvency (the Model Law) in 1997, which has been adopted by nineteen countries including the United States of America and South Africa. Secondly, the European Union (EU) adopted the European Council Regulation on Insolvency Proceedings (EC Regulation) in 2000. Both the EC Regulation and Chapter 15 adopt a “modified universalist” approach towards CBI matters. Europe and the United States of America are currently the world leaders in the area of CBI and the CBI legislation adopted and applied in these jurisdictions seems to be effective. As South Africa’s Cross-Border Insolvency Act is not yet effective, there is no local policy guidance available to insolvency practitioners with regard to the application of the Model Law. At the basis of this article is the view that an analysis of the European and American approaches to CBI matters will provide South African practitioners with valuable insight, knowledge and lessons that could be used to understand and apply the principles adopted and applied in terms of the EC Regulation and Chapter 15, specifically the COMI concept, the “establishment” concept in the case of integrated multinational enterprises and related aspects.

What's on Their Minds? The South African Child Welfare Academic Agenda from 2001 to 2010

Social work teaching and research is assumed to impact significantly on practice, readying students for employment and investigating areas relevant to practice. In South Africa, the historic divergence between the academic agenda and population needs is significant. In a context of transformation towards developmental social welfare, this paper investigates the extent to which tertiary education as well as research agendas match what South African child welfare practitioners have identified as priorities in the field. In a study examining trends and drivers in South African child welfare, it was found that the curriculum was largely being informed by the same trends that shaped practice. However, the research agenda differed markedly from the issues concerning practitioners. Also, practitioners thought that new graduates were ill-equipped to deal with practice demands in resource-poor and transforming (post-apartheid) environments. It is recommended that South African academics and practitioners ensure that child welfare curricula, academic enquiry and practice demands overlap more closely in order to better prepare novice social workers and provide leading research. With globalization and the increased need to respond to diverse populations, it becomes critical that social work education is reviewed both in the north and south to ensure its relevance for practice.

Update: ARV Dosing Chart for Children and Adolescents, 2012

This edition of the Southern African Journal of HIV Medicine includes a new Antiretroviral Drug Dosing Chart for Children and Adolescents (2012). The chart was updated by the Southern African HIV Clinicians Society's ARV Dosing Committee, a sub-group of the Society's Child and Adolescent Committee, and the National Department of Health (DoH). The purpose of the chart is to provide an accurate and reliable antiretroviral therapy (ART) dosing guide for South African practitioners initiating and managing ART in children and adolescents. The chart is intended for doctors, nurses and pharmacists working in the South African public sector.

Understanding the structured processes followed by organisations prior to engaging in agile processes: A South African Perspective

There appears to be a lack of knowledge on the phases South African (SA) organisations go through while adopting agile methods. As a means to address this gap, this study uncovered empirical evidence on the phases SA organisations go through whilst adopting agile methods as well as the disparities between agile prescriptions and the way SA organisations actually implement agile methods.
 
 The data collected using a case study approach was analysed through the lens of Actor-Network Theory (ANT). The results reveal that there is no structured process for adopting agile methods and organisations go through various phases in their attempts to adopt agile methods. During the various phases, organisations face challenges which are culture as well as people related.
 
 Through this study South African practitioners could now be aware that before adopting an agile methodology, there has to be a common understanding of the problems at hand and the envisioned solution. The findings also inform aspiring adopters in South Africa that adoption of the methods does not have to be as prescribed. They are free to adopt only those aspects the organisations need most.

The continual conundrum of the “language across the curriculum” issue: lessons from the Bullock report (1975) for South African higher education today

The link between language and learningand how to develop language across thecurriculum is a persisting theme in education research over time. In this article, thefirst in a series, we wish to contribute to the current vibrant debate about languageissues in higher education – both internationally and locally. It primarily aims atproviding a critical historical review of the conundrum of the “language across thecurriculum” issue and its implications for the South African higher education sector.This is done by critically comparing current local circumstances to lessons learntfrom the original context where the notion of “language across the curriculum” waspresented to improve the quality of education in schools in the United Kingdom in themid-1970’s. The premise behind this is that “to interpret the developments within afield competently, one needs a sense of its history” (Weideman, 2011: IX). Adding a veryspecific historical perspective is thus, and indeed, a necessary point of departure as itmay enable South African practitioners and policy makers to: (a) evaluate if all relevantinformation is considered in decision making today, and (b) situate strands of currentthinking in a framework that could clarify assumptions and implications potentiallyaccepted uncritically today.Keywords: LAC (language across the curriculum), language and literacy development,higher education, multilingualism, Bullock report&#160

Immunonutrition: a South African perspective

Clinical nutrition has evolved from providing nutrients to meet the patient’s needs to nutrition therapy that additionally aims to provide specific nutrients, or combinations thereof, which can reduce infection and improve outcomes in critically ill patients. The value of immunonutrition in the management of critically ill, preoperative and postoperative patients is now acknowledged by many healthcare practitioners. Amid the demonstration of clinical and economic benefit in defined conditions, South African practitioners should aim to translate current knowledge to best practice in order to optimise nutrition therapy and ultimately clinical outcome in critically ill patients. For the future, a paradigm shift to pharmaconutrition has been suggested. This practice dissociates the administration of key single nutrients, in the form of requirement-based parenteral or enteral nutrition, from the delivery of pharmaconutrients in the full effective pharmacological dose, as evaluated in large, well-designed trials, in order to achieve therapeutic effects. This has been evaluated in large, well designed trials. The purpose of this review is not to provide an exhaustive overview of the available literature on immunonutrition, but rather to highlight key and recent significant studies, with a focus on energy and protein, glutamine, arginine, omega-3 fatty acids and micronutrients, and relate them to the South African context. Finally, the bigger picture should always be borne in mind, within the settings of the complexity of the acute phase response and the heterogeneity of the critical care population. As the evidence base evolves, the definition of optimal nutrition therapy should include all relevant components in the right mix, at the right time, to the right patients, to ensure optimal clinical benefit and outcome.

Accounting practitioners’ views on the proposed “Micro GAAP”: A South African perspective

Even though the IFRS for SMEs does provide some relief in respect of the financial reporting burden for non-public entities, there still seems to be a need for an even lower level of financial reporting. In recent years South Africa embarked upon the development of a financial reporting framework for non-public entities and various versions of this so-called micro GAAP have been issued. However, the Accounting Practices Board raised some concerns about the then proposed micro GAAP. This article highlights the South African accounting practitioners’ views from different professional bodies on micro GAAP. They generally believe that micro GAAP will represent fair presentation and that the financial statements prepared under micro GAAP can still be regarded as general purpose financial statements. Furthermore, the majority of accounting practitioners believe that there is a definite need for a third tier of financial reporting in South Africa and indicated their preference of which entities may apply micro GAAP. Legal backing of micro GAAP is also considered appropriate by the practitioners.

A profile of South African public relations practitioners in top performing organisations

The public relations practitioner is expected to have the skills and knowledge to be able to operationalise the description and definition of public relations within their specific environment. Although various studies describing South African public relations practitioners had been performed, these studies are limited in terms of size and scope and do not offer a clear profile of the practitioner and whether they are equipped to perform the necessary tasks. This article is based on a study that obtained data from practitioners in top performing organisations. It profiles South African practitioners and confirms that they need support in order to play a strategic role. Copyright © 2011 John Wiley & Sons, Ltd.

Toward a Roles Theory for Strategic Communication: The Case of South Africa

The aim of this study was to promote theory building in strategic communication by testing and measuring public relations roles theory through an online survey among a population of 782 South African advertising, public relations, and government practitioners. Eight of the roles were previously tested in public relations research, and a ninth, the role of strategist, was conceptualized for this study based on the work of Steyn (2002, 2007). Reliability analysis confirmed seven of the nine roles existed in South African communication practice: strategist, cultural interpreter, media relations, communication facilitator, expert prescriber, liaison, and process facilitator. However, factor analysis reduced data to four parsimonious roles: strategist, media specialist, liaison, and cultural interpreter. Statistically significant ANOVA findings showed the cultural interpreter role was most performed in government and the mining/industrial/manufacturing sectors. A synergistic worldview helped practitioners to better perform the cultural interpreter role. The findings showed that these roles were largely performed across different contexts, indicating that strategic communication can be viewed as a common denominator for all forms of communication practice. This research challenges the siloed study of communication practice in forms such as public relations, advertising, or government relations, and indicates that there is more common ground between communication practice in different settings than previously thought.

Developmental Issues in Chiropractic: A South African Practitioner and Patient Perspective

Objective This study explores pertinent aspects of chiropractic practice in contemporary South Africa in terms of the domains of beliefs, philosophy, professional matters, and education. Methods Ten practitioners were purposively sampled. From these, 3 were used as gatekeepers to access 6 patients. Semistructured interviews were conducted with the 16 respondents, and computer-assisted thematic analysis was used to interpret data. Results The practitioners in this study distinguish between 2 main views of the chiropractic identity—the “technician” and “physician.” The patients interviewed responded that the strengths of the chiropractic profession lie in its social desirability and its health care utility. Two factors seem important in endorsing chiropractic, namely, on the grounds of patient beliefs and philosophical views with respect to health care and the model of practice encountered in the chiropractor's office. However, some patients seem confused by the lack of health care system integration and consequently display uncertainty of the status the chiropractor can claim professionally and educationally. Practitioners portrayed a view, indicating that chiropractic cannot claim coherence in any of the 3 domains investigated. Issues such as the apparent lack of conceptual identity of chiropractic; the absence of a coherent, marketable model of chiropractic practice; and poor interprofessional relationships with mainstream health care stakeholders were observed. The issue of integrated public health care practices as part of the education process and the concomitant perceived lack of exposure especially to black South Africans emerged as interesting and pertinent developmental themes in the local context. Conclusions The international discourse related to issues in the domains of philosophy, professionalism, and education and their effect on the practice of chiropractic seem reflected locally. The notion that an increased presence in the public sector might simultaneously increase social awareness and facilitate health care system integration requires further investigation.

A Role For HR In Corporate Ethics? South African Practitioners’ Perspectives

Since few South African organisations have as yet appointed ethics officers, there is often a lack of clarity on who should take responsibility for coordinating organisations’ ethics management efforts. The purpose of this paper was to assess HR (the Human Resource function and its practitioners) as a possible contender to assume responsibility for ethics management in SA organisations. To this end a mail survey was conducted among registered HR practitioners (N=410). Two factors related to 1) the extent of HR’s ethics management competence and 2) HR’s responsibility for ethics management, were identified. The results showed that HR practitioners on average believe that they indeed have an ethics management competence and that they should be involved in ethics management. However, practitioners with a great deal of exposure to organisations that manage ethics believe to a lesser extent that they should be involved in ethics management. The implications of the findings are discussed.

The South African Experience of Conservation and Social Forestry Outreach Nurseries

Outreach nurseries are favored conservation and social forestry tools globally, but, as with many integrated conservation and development programs (ICDPs), they do not always produce anticipated results. A synopsis of the experience of South African practitioners is provided in this study of 65 outreach nurseries. South African outreach nurseries frequently include financial objectives, creating additional challenges in simultaneously attaining conservation and socioeconomic goals. Progress was hindered by biophysical problems (e.g., lack of water, poor soils, etc.) as well as the harsh socioeconomic conditions facing most communities in which nurseries had been established. Attaining financial viability was challenging. Business management skills were often restricted, and few viability studies included adequate market research. Costs to community participants were usually high, and benefits were limited. Conservation objectives were frequently lost in the struggle to attain financial viability. The management of social processes also proved challenging. Although small scale and relatively straightforward compared with many ICDPs, nurseries usually require substantial institutional support, including a range of technical, business, and development services. Project time frames need to be reconsidered, as practitioners estimate that it takes 5-10 years for nurseries to start meeting objectives, and donors and implementing agencies often operate on 2-3-year project cycles. Detailed viability studies are essential, incorporating a social probe and an assessment of potential impacts of projects on community participants. Progress needs to be continuously evaluated to enable institutions and community participants to adapt to changing conditions as well as ensure that the spectrum of objectives are being achieved.

Treating PTSD in South African contexts: A theoretical framework and a model for developing evidence-based practice

Several psychological factors contribute to the development and maintenance of post-traumatic stress disorder (PTSD) because they interfere with the emotional processing of the traumatic event. These include problematic and painful emotions such as anxiety, shame, guilt and grief, distorted or dysfunctional cognitions, and cognitive, emotional, and behavioural avoidance mechanisms. Analysis of these maintaining factors provides the basis for current approaches to treatment which support traumatised individuals in facing emotional pain, working to resolve shame, grief and guilt, and expanding existing schemas to accommodate the traumatic event(s). Randomised controlled trials (RCTs) are reviewed in which the efficacy of some of these treatments have been evaluated. While many South African practitioners are familiar with current evidence-based approaches and are skilled at adapting them to local cultural and contextual conditions, a great deal still needs to be done to build a sound research base for local practice in the treatment of PTSD and disseminating that research to practitioners in the field. It is recommended that a case-based evaluation strategy be used to complement the findings of international RCT studies in order to build a foundation of locally contextualised and applicable scientific knowledge.Keywords: case-study research, cognitive therapy, evidence-based practice, treatment efficacy, post-traumatic stress disorder, psychotherapy, South AfricaJournal of Psychology in Africa 2005, 15(2): 209–220

Attitudes to Food Gardening from a Generational Perspective

The paper sheds light on why older gardeners want to grow their own food and younger people do not. Only since the coming of democracy in 1994 has the potential of food gardens attracted the attention of South African development practitioners and policy makers. Sustainable food garden projects build on a culture of gardening that has its roots in rural subsistence farming. While food gardens were commonly regarded as a tool for rural development, rapid migration to the cities has introduced urban cultivation as a strategy to provide food and income security for the urban poor. This case study reports in-depth discussions with twenty active older gardeners in a small town in the predominantly rural Eastern Cape Province of South Africa. The highly motivated gardeners cited reasons for growing food that went beyond basic needs for food security and livelihoods and included aesthetics, morality, and health and well-being. However, they attributed mainly negative attitudes to the younger generation that aspires to a modern lifestyle which excludes food gardening. Follow-up group interviews with young people confirmed these attributions. The discussion focuses on intergenerational transmission of values and its implications for sustainable community development.

Exploding the Myth of the Symmetrical/Asymmetrical Dichotomy: Public Relations Models in the New South Africa

An empirical study of practitioners in the newSouth Africa found no evidence that respondents grouped public relations practices according to principles of symmetry or asymmetry, thus rejecting the notion of symmetry as a normative public relations approach in international settings. Instead, South African practitioners developed their ownculture-specific models of practice basedonthe economic, social, and political realities of their country. These included the conflict-based Western Dialogic model rooted in dissensus, the Activist model promoting change in organizations, theUbuntu model favoring harmony and reconciliation in theworkplace, and the Oral Communication model focusing on the use of oral media in the communication process. Practitioners' demographic characteristics did not influence their use of public relations models, most probably because of the similarity of their public relations education, which seemed to emphasize a focus on the characteristics of an organization's publics in the communication process rather than on practitioners' individual propensities.

Legislative Protection of Cultural Heritage Resources: A South African Perspective

This article will investigate the influence, relevance and importance of international law with regard to the current cultural heritage protection regime in South Africa. It will furthermore explore the influence of the provisions of the Constitution, 1996 on the desire manifested in the National Heritage Resources Act (NHRA) to protect cultural heritage resources of the South African community as a whole. The NHRA does not contain a charter to guide the process of heritage assessment. For this reason the provisions of the Australian Burra Charter are employed (by way of a comparative legal study) by the South African Heritage Resource Agency and various other heritage practitioners, as a guide to developing strategies for understanding the problem of heritage assessment, managing resource assessment and developing policies with regard to the assessment.

Theatre in Education in Cape Schools: Reflections on South African Theatre Making practices

In this article, I shall explain why we began teaching Educational Drama and Theatre to undergraduates at the University of Cape Town, why I investigated the processes involved, and what questions this research has raised for me. The task of Theatre in Education performers is teased out in relation to what I have witnessed in TIE programmes, found in reports written by students and ideas proposed by theatre theorists. The four contextual frames through which John OToole considers Theatre in Education; namely neighbourhood ethos, venue, audience availability and the fictional world of the play; provides a workable means with which to examine the effects of these different factors on performance. The interaction between the performers, the performance site and the audience in Theatre in Education suggests possibilities for a more flexible approach to theatre making by South African theatre practitioners.

Courts and Revolution: Independence and Legitimacy in the New Republic of South Africa

The New Republic of South Africa is facing tremendous political, social, and economic upheaval as it establishes a constitutional democracy through the redistribution of powerfrom the white minority National Party government to the new black majority African National Congress (ANC) led by Nelson Mandela. The changes have been swift and immense. I focus specifically on the changes to the legal system brought on by the end of the apartheid era. I assess both the efforts of the New Republic of South Africa to increase the independence of the courts and the legitimacy of the legal system and the future of South Africa. This analysis certainly is neither exhaustive nor complete, but it is an attempt to articulate perceptions gained through recent interviews with South African legal scholars and legal practitioners. It is hoped that this effort will provide limited but helpful information in the evaluation of the “New South Africa.”

Confidentiality: Medico-legal Aspects

The rules of conduct of the SA Medical and Dental Council together with decisions of South African law courts, make it clear that both ethically and legally medical practitioner is required to keep the confidence of his patient. South African practitioners, like their overseas counterparts, are confronted with a legal position in which, unlike the lawyer/client relationship, there is no absolute privileged for communication between physician and patient. The paper explores the definition of the limited privilege rule and arguments for an amendment thereof. It also examines the question of the moral and legal obligation of the practitioner to make disclosures to a third party or agency. In this connection the paper considers the problem of the duty to disclose illnesses such as AIDS to persons other than those whom the patient has granted consent. In a more indigenous context, the paper examines the controversy relating to the behaviour of doctors who, during the unrest of 1985 and 1986, co-operated with the police in pointing out patients who had suffered certain injuries resulting in patients being arrested and taken to the police cells.

Perceptions of South African practitioners on the structuring and tasks of marketing and communication managers within organisations

The structuring of marketing and communication management within key organisations in South Africa is changing. These changes are affecting the relationship between marketing and communication practitioners, as well as the key tasks they are responsible for within the organisation. Globally, companies are downsizing, restructuring and eliminating hierarchy. This article investigates how key South African companies have responded to these changes, by looking at how the marketing and communication functions are structured within the organisation. Marketing and communication managers from top South African companies were interviewed telephonically. Findings from the study indicate that the two functions are progressively moving towards an integrated approach. However, a commonly agreed organisational structure is still not pervasive. Each organisation structured the marketing and communication functions differently, and various perspectives existed on the key tasks of both marketing and communication managers. From these findings, it is evident that the relationship between marketing and communication, as well as the role and tasks of marketing and communication managers, is still very diverse in the South African context.