International and Area Studies Commons^™

Editor's Note, O'Brien Kaaba, Kafumu Kalyalya

SAIPAR Case Review

No abstract provided.

Mineral Sands Resources (Pty) Ltd And Another V Redell And Others And Two Related Cases 2021 Sa 268 (Wcc), Dunia P. Zongwe

SAIPAR Case Review

This case teaches activists how to respond when they get SLAPPed. It introduced a defense mechanism to prevent lawsuits launched by big corporations to silence criticisms. North American lawyers commonly refer to these lawsuits as ‘strategic litigation (or lawsuits) against public participation (SLAPP). Two scholars from the United States of America (US) coined this acronym.2 And, in 2021, for the first time in South Africa, a court recognized the SLAPP phenomenon and accepted a defense against this kind of lawsuits.

When big corporations SLAPP activists and journalists, and their lawyers, judges should not slap back those corporations by accepting anti-SLAPP …

Vol. 4, Issue 2 Masthead

SAIPAR Case Review

No abstract provided.

Swartbooi And Another V Speaker Of The National Assembly (Sa 38-2021) [2021] Nasc (4 August 2021), Dunia P. Zongwe

SAIPAR Case Review

In Swartbooi, the Supreme Court of Namibia failed to give flesh, blood and bones to a theory that could unify the cases that dealt with the separation of powers in Namibia. Though few lawyers would disagree with the outcome of its judgment, the Court nonetheless achieved this outcome by retreating into its legalistic shell.

At the same time, the Swaartbooi case completed a triangle that plotted all the possible relationships between the three organs of state in Namibia. After Ex parte in re: the Constitutional Relationship Between the Attorney-General and the Attorney-General (hereinafter referred to as ‘AG and PG’) addressed …

Dipak Patel V. The Minister Of Finance And The Attorney General Ccz 5 Of 2020 [2021], Chanda Chungu

SAIPAR Case Review

The Constitutional Court judgment of Dipak Patel v. The Minister of Finance and the Attorney General dealt with an application by Dipak Patel who sought, inter alia, a declaration that the failure by the Minister of Finance to bring all public debt that was contracted by the Executive to the National Assembly for approval was contrary to the Constitution. This case review seeks to provide a lucid and clear analysis of the Constitutional Court judgment, discussing the soundness of the court’s reasoning and approach to the issue of how public debt should be contracted.

Dipak Patel V. The Attorney General [2020] Ccz 005, Josiah Kalala

SAIPAR Case Review

In 2016, the Constitution of Zambia was amended, introducing a provision that required the National Assembly to approve all debt before it was contracted. The Constitutional amendment also introduced a requirement that legislation relating to the contraction and guaranteeing of debt should provide the category, nature and other terms and conditions of a loan, grant or guarantee that will require approval by the National Assembly before the loan, grant or guarantee is executed. Unfortunately, since the constitutional amendment in 2016, the government of Zambia acquired numerous loans without the approval of the National Assembly of Zambia. The Petitioner, a former …

Albert Mupila V. Yu-Wei Comp/ Irclk/222/2022, Chanda Chungu

SAIPAR Case Review

An employee was employed on an oral contract of employment since June 2016 by an employer engaged in providing casino services. He was never availed with a copy of his contract and was paid a salary below the prescribed minimum for workers protected by the Shop Workers Order.

During 2021, he raised a complaint relating to his NAPSA contributions and was subsequently summarily dismissed. He commenced an action before the Industrial Relations Division of the High Court seeking the following reliefs:

• Benefits for the years worked;

• Leave days;

• Unfair and wrongful dismissal; and

• Costs and any …

Guardall Security Group Limited V. Reinford Kabwe Caz Appeal No. 44/2019, Chanda Chungu

SAIPAR Case Review

The Court of Appeal dealt with a judgment of the Industrial Relations Division of the High Court which was passed more than one year after the matter was commenced. The Court of Appeal interpreted sections 85(3)(b) (ii) and 94 (1) of the Industrial and Labour Relations Act which prescribe that judgment should be within one (1) year of the filing of the complaint and sixty (60) days from close of trial.

Frida Kabaso (Sued As Country Director Of Voluntary Services Overseas Zambia) V. Davies Tembo Scz Appeal No. 04/2012, Chanda Chungu

SAIPAR Case Review

This action concerned an appeal from the Industrial Relations Court where an employee was employed on a permanent contract by Voluntary Services Overseas Zambia as an Administrative Officer on 11th July 1996. He was later promoted to the position of Officer Manager.

In 2001/2002, the employer changed its employment policy from employing staff on permanent terms to employing them on fixed-term contract. By 2008, the employer begun restructuring and informed employees. The employee’s position of Officer Manager was phased out and removed from the employer’s organisational structure, with two positions created, including that of Finance Manager. The employee claimed a …

Chimanga Changa Limited V. Export Trading Limited Caz Appeal No. 76/2020 And Caz Appeal No. 053/2021, Chanda Chungu

SAIPAR Case Review

The Court of Appeal delivered two judgments with respect two separate Rulings delivered by the Commercial Division of the High Court of Zambia. The facts that led to the Rulings stemmed from a judgment rendered against Chimanga Changa Limited whereby the Commercial Division of the High Court of Zambia awarded Export Trading Limited a sum of money relating to unpaid goods supplied. Thereafter, Chimanga Changa failed to pay the judgment sum and entered business rescue proceedings.

The first Ruling dealt with a preliminary objection raised by Chimanga Changa Limited with respect to the need for leave or permission from the …

Frankson Musukwa (Suing On His Own Behalf And As Executive Director Of Zambia Deaf Youth And Women) & Others V. Road Transport And Safety Agency, Natasha Kapuka

SAIPAR Case Review

The facts giving rise to the Musukwa case emanate from the revolving debate on whether deaf people should be allowed to drive in the same way that able-bodied individuals have the liberty to. The Petitioners (all deaf) approached the Court seeking a ruling to the effect that S.62 of the Road Traffic Act, No. 11 of 2002 violate Articles 11(b), 22(1)(a) & 23(2) of the Constitution of Zambia. The Petitioners contended that the Respondent’s refusal to grant the 2nd Petitioner a driver’s license, and its decision to revoke the 3rd Petitioner’s license was a violation of their freedom of movement …

Cashing In On Disruptions From Covid-19, Dennis Ng

Asian Management Insights

Promoting cashless payments at Singapore’s hawker centres

The Effect Of Corporate Social Responsibility Strategy On The Growth Of Multinational Food And Beverage Companies In China, Alison Kimberly Flood

Doctoral Dissertations and Projects

As multinational food and beverage companies experience an increased demand to act mindfully in a changing globalized world, many are improving their corporate social responsibility (CSR) techniques. The specific problem to be addressed is the socio-economic barriers that have resulted in the failure of multinational food and beverage companies to implement effective corporate social responsibility techniques in China. Multinational food and beverage companies have used CSR strategies for years to address environmental and social concerns while always pursuing their corporate objectives. These efforts often include philanthropy, labor rights, environmental preservation, conservation of resources, and consumer safety. In this context, CSR …

The Challenges Faced By University Educators In Singapore When Referring Students To Counsellors: An Instrumental Case Study, Poh Yaip, Steven Ng, Yee Lin Chung

Research Collection School of Social Sciences

This study examines the difficulties faced by two university professors working in a public, autonomous university in Singapore, when referring students to counselling services. Educators typically observe how students interact and behave in class, and may refer students to counselling services. However, there is little research into how educators experience and view this role, particularly in higher education in Asia. Two university professors who had referred students to their university’s counselling centre took part in semi-structured interviews for the study. From these interviews, the study revealed educators can face a range of challenges in their referral role, such as lack …

Emigrants’ Citizenship In China, Jiaqi M. Liu

Research Collection School of Social Sciences

Scholars have examined closely how China’s citizenship regime, namely, the household registration (hukou) system, manages domestic population movements. However, how China’s citizenship regime regulates emigrants abroad remains largely unexplored. In this study, I throw into sharp relief the external dimension of hukou through a genealogical investigation of China’s citizenship policies towards emigrants abroad over the past seven decades. I argue that the otherwise domestically oriented hukou regime also governs emigrant citizenship by first deregistering emigrants who have obtained foreign residency and then selectively restoring those who seek to return to China. This combination of de- and reregistration processes leads to …

Burnout Isn’T Just Exhaustion: Workers Can Also Feel Cynical Or Inadequate, Tina Li Yi Ng, Andree Hartanto

Research Collection School of Social Sciences

Employers, take note: There’s more to burnout which corporate wellness initiatives alone cannot solve, say SMU researchers. The huge wave of resignations spurred by the pandemic has forced companies to confront burnout, implementing “burnout breaks” to curb the loss of productivity that comes with working too much. Though initiatives like “mental health weeks” are widely appreciated, they merely scratch the surface and do not solve the issue. To truly put out the flames of burnout, a precise diagnosis of the problem is critical. This is especially true in Singapore, the world’s most fatigued country where one in two workers feels …

Cultural Diplomacy And Co-Operation In Asean: The Role Of Arts And Culture Festivals, David Ocon

Research Collection School of Social Sciences

Beyond their traditional role as entertainment, form of expression and meeting spaces within local communities, arts and culture festivals can perform various functions. They can serve as showcases of artistic pride, signal openness towards cultural diversity, support the local economy, contribute to reducing political tension and provide grounds to consolidate international relationships. On occasion, such festivals function as tools to support the vision of a multilateral co-operation institution, as is the case of the Association of Southeast Asian Nations (ASEAN). Through a comprehensive review of the arts and culture festivals curated in ASEAN, this article investigates the festivals’ ulterior motivations. …

Online Patriarchal Bargains And Social Support: Struggles And Strategies Of Unwed Single Mothers In China, Xiaoman Zhao, Sun Sun Lim

Research Collection College of Integrative Studies

Patriarchal bargains have been studied in many settings as a strategy that helps women circumvent constraints and forge spaces for individual empowerment. Despite the growing use of mediated communication, little is known about how patriarchal bargains are enacted and realized within online interactions such as in discussion forums. By analyzing how Chinese unwed single mothers renegotiate the state’s oppressive population control and gender policies through their online activity, this study proposes the concept of “online patriarchal bargain” to extend patriarchal bargain theory to women’s Internet use. It further explores linkages between social support and patriarchal bargain to elucidate how support …

Making Money From Cryptocurrency? The Taxman May Call On You, Hern Kuan Liu, Vincent Ooi

Research Collection Yong Pung How School Of Law

Miners, forgers, hobbyists, traders – different rules apply. Just don’t assume crypto investment is somehow immune to taxation.

China Meets Digital Currency: E-Cny And Its Implications For Businesses, Heng Wang

Research Collection Yong Pung How School Of Law

China is likely to be the first major economy to issue central bank digital currency (CBDC). China’s CBDC, e-CNY, may lead to a new ecosystem that would profoundly affect business, product offerings and business practice. E-CNY is likely to affect both local and international businesses, particularly those with a presence in China or those who commonly transact with Chinese actors. There is also the possibility of e-CNY use outside of China. If China’s CBDC practice and standards affect international practice (such as through standard making), e-CNY has the potential to affect the broader businesses community. This article discusses the following …

Smart Manufacturing And Its Implications For Singapore's Smes, Thomas Menkhoff, Surianarayanan Gopalakrishnan

Research Collection Lee Kong Chian School Of Business

While Covid-19 and the climate catastrophe continue to make headlines, local small and medium-sized enterprises (SMEs) are quietly setting the gears of Smart Manufacturing in motion with a strategic focus on digitising and automating production processes powered by "Industry 4.0" (I4.0) ready business models. A shared view among several interviewees we talked to recently in the context of an ongoing study on the impact of I4.0 on the business models of local manufacturers is that Industrial Internet-of-Things (IIoT), machine learning, visual computing, automation and digital twining are deemed of great importance for the long-term competitiveness of Singapore's manufacturing ecosystem on …

Technology Lends A Hand To Green E-Commerce, Hao Liang, Sin Mei Cheah

Research Collection Lee Kong Chian School Of Business

The world has witnessed an e-commerce boom in the past 2 decades, and Asia-Pacific is now driving the latest wave of growth. The Covid-19 pandemic has further accelerated consumers' growing preference for online consumption, with the Asia-Pacific region raking US$230 billion in online retail sales in 2020. This article is adapted from the authors' teaching case study - Alibaba Cainiao's Smart Green Logistics Strategy: Good for the Earth, Good for the Business.

Urbanization Policy And Economic Development: A Quantitative Analysis Of China's Differential Hukou Reforms, Wen-Tai Hsu, Lin Ma

Research Collection School Of Economics

The household registration system (hukou system) in China has hampered rural-urban migration by posing large migration friction. The system has been gradually relaxed in the past few decades, but the reforms have been differential in city size. We find a striking contrast in migration patterns between years 2005 and 2015; rural people tended to move more to large cities in 2005, but more to small- and medium-sized cities in 2015. We calibrate a spatial quantitative model to the world economy in both years with China divided into rural, mega-city, and other-city regions. We find that alternative urbanization policies that are …

Accounting And Finance Lessons In The Time Of Covid-19: Views From The Pacific Basin: Part 2, Kuan Yong David Ding, Julie Harrison, Martien Lubberink, Chris Van Staden

Research Collection Lee Kong Chian School Of Business

The global COVID-19 pandemic is now in its second year, and we are fast approaching the third. The year 2021 has brought some hope that vaccination will lead to the end of the pandemic. But it has also brought a more infectious variant of COVID-19 and multiple waves of surging cases that show no immediate sign of disappearing. As the pandemic continues to impact global societies and economies, it is imperative that we study its impact to try and understand how it will affect us in both the short-term and long-term. While the longer-term impacts are still unknown, there is …

The Discourse Of Capitalist Class And Public Policy In The Handling Of Covid-19 Pandemic In Indonesia, Adam Amin Bahar, Kacung Marijan, Antun Mardiyanta

Jurnal Politik

In the early period of handling the COVID-19 pandemic in Indonesia, the Indonesian government prioritized the economy and health sectors. This study argues that these government actions and policies are heavily influenced by discourse from the capitalist class. This study aims to discuss the articulation of several different discursive elements of the capitalist class in the early period of handling the COVID-19 pandemic in Indonesia and its impact on public policy. This study focuses on two capitalist classes, namely medical and non-medical capitalists. This study found that the discursive elements from the government on these two significant issues had in …

A Socio-Psychological Model Of Urban Millennial Postgraduate Students’ Votes: Indonesia 2014 And 2019 Presidential Elections, Dyah Permana Erawaty, Ummi Salamah

Jurnal Politik

The 2019 presidential election showed many swing voters between the candidates who battled for the second time. This study seeks to understand the cause behind voters’ decisions to switch their voters and how millennial voters with postgraduate education backgrounds swing their votes. This study treats the votes cast by urban millennial postgraduate students as its unit of analysis. Additionally, it aims to find out whether social media has contribution to switch votes. We employed the Columbian and Michigan approach to the socio-psychological model as our conceptual framework and incorporated a modification of the concept of mass self-communication, which includes the …

Managing Indonesian Head Of Local Government Elections During The Covid-19 Pandemic Period, Aditya Perdana

Jurnal Politik

This paper analyses the Local Government elections (Pilkada) in Indonesia during the COVID-19 pandemic in relation to its postponement by looking at three critical aspects in the electoral management framework decision-making process, service outputs, and service outcomes framed. Some findings of this paper are: first, decision making for conducting the Pilkada 2020 was politically uneasy; second, good quality of service outputs from Pilkada 2020 was signed by convenience dimension which can be captured by voter compliance on health protocols in the polling station; third, the best evaluation for service outcomes is coming from the high percentage of voters turn out …

Natural Resource Management And Institutional Dynamics: Myanmar And Indonesia In Comparative Perspective, Salsabila Fitristanti, Ali Muhyidin

Jurnal Politik

Natural resource management in the conflict area has raised a debate on how institutions adapt to conflict conditions. This paper utilizes Institutional Analysis and Development (IAD) framework provided by Ratner by conducting a multi-case comparative specifying on the sub-national in Kachin (Myanmar) and Papua (Indonesia). The analysis focuses on how the institutional dynamics relate to collective action in the mining operation during the ongoing conflict. The empirical investigation shows that the different results occurred due to the diverse decentralization arrangement. The case in Kachin indicates some degree of difficulties in the decentralization arrangement. This condition raises the lack of transparency …

Power-Sharing As The Key Of Secessionist Conflict Resolution In Developing Democratic Countries, Wasisto Raharjo Jati

Jurnal Politik

This article explains how power-sharing could determine conflict resolution in develo¬ping states, particularly in developing countries. This scheme offers a win-win solution between state actors and the separatist movements to curb conflict and initiate pe¬ace-building at the grassroots level. Using a quantitative analysis that employed data¬sets from Power-Sharing Event Dataset (PSED) and Implementation of Pacts Dataset (IMPACT), this article notably reveals two important findings. First, the most promising power-sharing schemes are territorial and political power-sharing. Furthermore, the preliminary talk about ideal power-sharing consensus between the state actors and rebel groups is important to determine the outcome of power-sharing policies. Finally, …

Oligarchy And Netizens Fighting Controlling Indonesia Media, Sunardi Sunardi

Jurnal Politik

No abstract provided.