The various independent chiefdoms that make up present day Malawi had a new constitution imposed over all of them by the British government without their consent. This new superimposed constitution was never really embraced by the various tribal groups. Its tenets were never internalised by the people and this lack of internalisation has continued to this day. The elite of the day decided which principles would govern the country. Successive elite groups in different periods of Malawi’s history have imposed their brand of constitutionalism on a hapless people. They have dutifully put in writing the constitutional principles without intending to apply them. Malawi is a nation that embraced constitutionalism with one reason only, that is, to gain acceptance from its peers in the international community. Throughout its history from pre-colonial times to the present, the general population has never been involved in framing the principles which govern and shape the destiny of the nation. A small group of people has always decided what the constitution should contain. The dominant man of the moment (the big man) and his political party decide what constitutionalism is to be. They govern the country through patronage. The president and a small group around him use state resources to promote their agenda often at the expense of the constitution they swore to uphold. The political leaders do not differentiate between resources of the state, the private sector and their ruling party and they often use them to peddle influence to promote their programs that are sometimes in violation of the constitution. When the president “donates” state resources to the poor communities, he tells them that he used his own money to buy the item he is donating, for example an ambulance, and nobody dares to contradict him. Only in financial matters has the nation demonstrated some marked commitment to the rule of law. The incentive for the government to comply with the law is much higher because about 80 percent of its capital budget is financed from external sources through donations, loans and grants from western nations. Government tends to take action against public officers who do not follow constitutionally laid down principles. Its commitment to the rule of law on social and political governance issues is not consistent. It appears to pick and choose which constitutional principles it will adhere to. In conclusion, it is difficult for Malawi to experience a government that adheres to the principles of constitutionalism because its widespread poverty helps entrench a system of patronage. This system has created a nation that tolerates serious abuses of its constitution. Transformative constitutionalism appears to offer the best hope for Malawi’s future. The nation needs a judiciary that is more innovative and bold in interpreting, upholding and enforcing its own constitutional tenets. Only then will the nation be on a sound footing to realise the benefits of constitutionalism for its people. / Dissertation (LLM)--University of Pretoria, 2011. / Jurisprudence / LLM / Unrestricted

Master of Engineering

Projects fail to achieve their time, budget, and quality goals. This is frequently due to the failure to analyze and assess unanticipated risks in the context of the life cycle of the project. There is a need for an approach (tool/method) that can be used to analyze and assess a project's future risks during the life cycle of the project and to overcome the traditional approaches currently used for future evaluation. The approach must take into consideration the context of the life cycle of the project, i.e., the definition of the system requirements, functional analysis and allocation, feasible alternatives, etc. The objective of this paper is to introduce a new approach (tool/method) for product evaluation through the use of the multi-criteria decision analysis methodology, the Analytic Hierarchy Process (AHP). The AHP is a relatively new approach that can be used to analyze and assess projects during the planning and evaluation stages. / Master of Science

Master of Science

Master of Science

Master of Science

This project addresses an administrative information system for the Operations Directorate (0D) within federal government agency (which is referred to as the "Agency"). The OD was formed two years ago to combine similar tasks under one directorate. When the 00 was formed there was insufficient time to properly address the information system and many of the OD personnel did not have a clear understanding of their own functional requirements. Now two years later, the OD management would like to incorporate an information system that satisfies all of the users requirements. <p>This project addresses the analysis and design alternatives to the development of an information system that satisfies the OD requirements. The requirements encompass not only the users requirements but logistic, maintenance, environmental and security requirements. The OD information system integrates the concepts and techniques of System Engineering Design. <p>The research encompassed the class work from the System Engineering program, to include System Engineering, Applied System Engineering, Management Information Systems, Human Factors Engineering, Statistics. Software Engineering, and Productivity. These engineering and mathematical disciplines integrate to form the system engineering approach. <p>Three design alternatives were developed from the users requirements and current system configuration. Using the system engineering analysis, a design alternative was chosen based on the users requirements, system life cycle cost and OD yearly budget considerations. <p>The solution is a concise project detailing the analysis, and design of the 0D Information System. The intent of this project is to provide a methodology in developing an information system for this government agency. The functional, technical and operational aspects of the system integrate together to form the system. <p>The goal is to ensure the system provides a more productive, technically efficient, reliable, and user friendly system. The productivity of the system is the measure of the number and quality of reports, publications, and presentations. The system is considered technically efficient when the production of output has taken advantage of all available technology to minimize the inputs of production. A reliable system is one that fails infrequently and recovers quickly when it does fail. A user friendly system is a system where the user interface has been developed to point where an average person can perform the required tasks quickly and without software error. <p>The measuring of the the system in terms of Mean Time Between Failure (MTBF), and Mean Down Time (MDT), user and management feedback determines whether the system has achieved it's defined goals. / Master of Science

Master of Science

<p>A literature search was conducted to determine to the type and scope of decision methodologies employed in selection of a ship propulsion plant by the commercial and naval shipbuilding communities as well as methodologies used in other industries. The methodologies were categorized and evaluated by the author with regard to ability to accommodate multi-attribute decision-making involving attributes of a qualitative and quantitative nature inherent in propulsion plant selection.</p> <p> An alternative decision methodology employing the analytical hierarchy process (AHP) combined with selection criteria and sub-criteria unique to the shipbuilding industry was proposed which offers improvements in consistency and quality of judgements and accountability over current methodologies. A case study involving a 700 foot RoRo vessel design was developed to demonstrate how the alternative methodology could be applied. A three level decision hierarchy was developed to evaluate four propulsion plant alternatives involving gas turbine, low speed diesel and medium speed diesel prime movers.</p> <p> The results obtained using the proposed methodology were analyzed and sensitivity analyses were prepared assessing the range of sub-criteria weights assigned by the author over which the plant selection would be valid. A description of the investigation, selection criteria and sub-criteria, benefits, and recommendations for future efforts is included.</p> / Master of Science

Master of Science