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The mandate of political representatives with special reference to floor crossing: a legal historical studyJoubert, Leonardus Kolbe 30 September 2006 (has links)
South Africa has had a free mandate theory of representation up to 1994. From 1994 to 2002 an imperative theory applied and in 2003 a limited hybrid free mandate was introduced. The origin of parliament, the development of representation as a concept in Public Law and the birth of political parties are studied. It is shown that parliament and representation were natural developments that occurred at the same time, not by grand design, but by chance.
It is also shown that political parties appeared first as informal intra-parliamentary groupings that developed into extra-parliamentary organisations, organised to achieve and exercise power in the political system as the franchise became more liberal.
The factors that influence a member's mandate and floor-crossing as such are discussed.
Finally it is concluded that from a legal historical perspective, a free mandate of representation is the preferred theory of representation in public law. / Jurisprudence / LL.M. (Public Law)
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The Bill of Rights in public administrationVan Heerden, Michael, 1953- 01 January 2002 (has links)
Contemporary South Africa prides itself on having a Bill of Rights. For 84 years (1910 to 1994) public administration regulated the general welfare and lives of inhabitants in the finest detail, while being subject to almost only the whims and political objectives of the governing authority.
On 27 April 1994 the 1993 Constitution introduced a constitutional obligation and radical change to the manner in which public administration must be exercised. Today, still an infant in experience relating to a bill of rights, public administration must be exercised with the Bill of Rights as an integral part of this inhabitant / governing authority interaction.
The primary aim of this study is to attempt to describe the manner in which public administration was exercised, firstly, during constitutional dispensations prior to 1994 and, secondly, since public administration became subject to constitutionally entrenched fundamental rights. The empirical investigation is aimed at exploring and analysing the extent to which public administration has realised the constitutional obligation in practice.
The results of the empirical investigation highlighted, primarily, that the majority of the officials that participated in the survey do not know of the Bill of Rights, and that half of those who do know of the Bill have little knowledge of its provisions. More than half of the respondents lack awareness of section 195 of the 1996 Constitution, which states that public administration must be governed by democratic principles enshrined in the Constitution. Barely one tenth of respondents were informed of the significance of the Bill and its role regarding public administration. The majority of respondents have not of their own accord studied the Bill and the Bill does not have the desired effect on the manner in which public administration is exercised. Two thirds of respondents have mixed perceptions as to whether to serve the interests of inhabitants above the political objectives of the governing authority and less than a quarter of respondents give recognition to the Bill when rendering public services.
It seems as if South African public administration has a long way to go in adhering to its constitutional obligation in practice. / Public Administration / D. Litt et Phil.(Public Administration)
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Volhoubare voorsiening van geselekteerde munisipale dienste in Centurion : 'n polities-geografiese ondersoek / The sustainable provision of selected municipal services in Centurion : a politico-gepgraphical investigationDe Jager, Anna Elizabeth 11 1900 (has links)
Text in Afrikaans / In this study the relationship between political decision making, spatial change and
provision of selected municipal services was investigated. Legislation and policy,
spatial demarcation and local government structures are determined by political
decision making on various government levels. The international system as well as
the local history and factors leading to spatial change impact on municipal
demarcation and service delivery. Demographic change due to re-delimitation of
boundaries, densification within the area of jurisdiction and immigration imply that
service requirements change.
In 1994/5, the rural and residential areas were incorporated to the former
Verwoerdburg and formed the Southern Pretoria Metropolitan Substructure
(Centurion). In December 2000 Centurion lost its autonomous status and was
incorporated as administrative unit into the larger Tshwane Metropolitan Municipality.
Restructuring have implications for the political representation of communities, the
spatial extension of service networks, priority areas, and the location of service
provision points. / In hierdie studie is die verband tussen politieke besluitneming, ruimtelike verandering
en die lewering van geselekteerde munisipale dienste ondersoek. Wetgewing en
beleid, ruimtelike afbakening en plaaslikeowerheidstrukture word deur politieke
besluitneming op verskillende regeringsvlakke bepaal. Die internasionale sisteem,
asook plaaslike historiese gebeure en aanleidende faktore tot ruimtelike verandering
het 'n impak op beide munisipale afbakening en dienslewering. Demografiese
verandering as gevolg van die herbepaling van grense, verdigting binne die
regsgebied en immigrasie impliseer dat diensbehoeftes verander.
Landelike en residensiele gebiede is in 1994/5 by die voormalige Verwoerdburg
geinkorporeer om die Suidelike Pretoria Metropolitaanse Substruktuur (Centurion)
te vorm. In Desember 2000 het die Stadsraad van Centurion sy outonome status
verloor en is as administratiewe eenheid by die groter Tshwane Metropolitaanse
Munisipaliteit geinkorporeer.
Herstrukturering het implikasies vir die politieke verteenwoordiging wat gemeenskappe
geniet, die ruimtelike uitbreiding van diensnetwerke, prioriteitsgebiede en die
plasing van dienstevoorsieningspunte. / Geography / M.A. (Geografie)
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The role of the church towards the Pondo revolt in South Africa from 1960-1963Mnaba, Victor Mxolisi 31 May 2006 (has links)
In the year 2004 South Africa celebrated its first ten years of democracy, which reflected the success of the struggle for the liberation of this country. The year 1960 was considered as a year of strong resistance throughout South Africa. Political leaders like Nelson Mandela, Oliver Tambo, Robert Sobukwe, Raymond Mhlaba, Chief Albert Luthuli, Walter Sisulu, Ahmed Kathrada, Lionel Bernstein, Dennis Goldberg and others played a vital role in leading the black people to resist the plan of the current Prime Minister Hendrick Verwoerd, who deprived Africans of their citizenship by forcing the Bantustan system upon them.
On the 6th June 1960 more than four thousand Pondos from eastern Pondoland (Bizana, Lusikisiki, Flagstaff and Ntabankulu) met at Ngquza Hill with the intention of discussing their problems. They demanded the withdrawal of the hated system of the Bantu Authorities Act, the representation of all South Africans in the Republic's Parliament, relief from increased taxes and the abolition of the pass system. Before these problems were tabled before the people, a military force had occupied Ngquza Hill. The peaceful meeting was turned into a massacre of innocent people, when police shot victims, tear-gassed them and beat them with batons. Eleven people were killed, many of them were shot in the backs of their heads; and more than 48 casualties were hospitalized and arrested. The Paramount Chief, Botha Sigcau, was blamed for the massacre because he was seen as supporting the government, and this led to the uprising in Pondoland from 1960 to 1963.
This event happened three months after the Sharpeville shooting of the 21st March 1960. More than 200 casualties were reported and 69 unarmed protesters were shot dead outside the police station. The ANC and PAC, the liberation movements of the day, were banned and a state of emergency was declared. The Nationalist government suspected the African National Congress of being behind the revolt in Pondoland. The ringleaders of the Pondo Revolt were Mthethunzima Ganyile, Anderson Ganyile, Solomon Madikizela and Theophulus Ntshangela. They listed the Acts that were to be protested against as follows: The Bantu Authorities Act of 1951, the Bantu Education Act of 1953, the Pass Law System of 1952, as well as rehabilitation and betterment schemes. These Acts were imposed by the National Party through Paramount Chief Botha Sigcau. All were detrimental to the future of the Pondo people.
Church leaders such as Beyers Naude, Ben Marais and Bartholomeus Keet of the Dutch Reformed Church (DRC), Archbishop Geoffrey Clayton and Archbishop Desmond Tutu of the Anglican Church, Rev Charles Villa-Vicencio of the Methodist Church of Southern Africa, Allan Boesak of the Dutch Reformed Mission Church (DRMC) and others played a major role in confronting and challenging the Nationalist government, which justified apartheid as grounded on Scripture. Not all church leaders opposed this policy: the Dutch Reformed Church was the bedrock of apartheid, along with other Afrikaans speaking churches. This dissertation will serve as a tool to determine the involvement of the church regarding the Pondo Revolt in South Africa from 1960 to 1963. / Christian Spirituality, Church History and Missiology / M.Th. (Church History)
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Church and state relations: the story of Bophuthatswana and its independence from 1977 to 1994Madise, Mokhele Johannes Singleton 01 1900 (has links)
The thesis is about the relationship between State and Church, taking note of alternative relations which existed over the ages. The government of Bophuthatswana declared their state to be Christian. The main emphasis was that the Batswana were religious people who were deeply Christian and thus the state was to become Christian as well. This was not separated from the issue of land which also was seen as a gift from God for them. Winterveld was used as a case study to show how the state was justifying its own actions to discriminate against non-Batswana from obtaining citizenship and denying them access to land. The transition period showed that the church stood on the other side of the fence when it supported changes that were sweeping South Africa and calling for the end of states such as Bophuthatswana. This saw the new secular state of South Africa coming into existence. / Theology & Religion / D. Th. (Church History)
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The assignment of responsibilities for the performance of public functions to levels or spheres of government in South AfricaRobson, Ian Happer 30 June 2006 (has links)
The thesis is focused on the question of how responsibilities for the performance of
public functions are assigned to levels or spheres of government. The term "public
function" refers to the activities performed by governments in order to satisfy identified community needs. There is a paucity of validated knowledge concerning the particular phenomenon, and the purpose of the study is to make a research
based contribution in this connection. Because of the exploratory nature of the study particular attention is paid to the orientation of the research in Public Administration terms, as well as to research design.
A study of the assignment of responsibilities in a selection of foreign countries was
undertaken, and the findings are recorded and evaluated. The conclusion reached
is that in none of the countries studied a clear, comprehensive demarcation of governmental responsibilities has been achieved. Regarding South Africa, the thesis encompasses a historical overview, followed by separate analytical examinations of the arrangements set in place by the 1993 ("interim") and the 1996 ("final") Constitutions. In the pre-democratic era (1910 to
1994), ideological considerations patently played a prominent role. The treatment of the assignment question by the 1993 Constitution is found to have had substantial shortcomings, especially with regard to conceptual and technical aspects, the realisation of assignment principles, and the substance of assigned responsibilities.
In the author's opinion a satisfactory deployment of responsibilities was not achieved.
The 1996 Constitution improved the assignment scheme, notably through the better realisation of assignment principles, the introduction of exclusive powers for the provinces, and in dealing with the municipal domain. However, the 1996 Constitution also did not achieve a credible and clear-cut assignment of
responsibilities.
In assessing the degree to which a scientific approach to the assignment question is in evidence, the finding is that such an approach has not been established.
A theoretical assignment model, following a Public Administration approach, is then
presented. The model covers language, classification, assignment principles, and
methodology. The thesis concludes with a reflection on the research, as well as on
the practicalities of achieving improvement in the assignment of responsibilities. / Public Administration / D. Litt. et Phil. (Public Administration)
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Totstandkoming, ontwikkeling en funksionering van metropolitaanse munisipaliteite in Suid-Afrika, met spesifieke verwysing na die stad Tshwane metropolitaanse munisipaliteitVan Schalkwyk, Andre 30 November 2003 (has links)
Text in Afrikaans / This dissertation is focused on questions on how the metropolitan municipalities, with
specific reference to the City of Tshwane Metropolitan Municipality (CTMM), originated
and developed. Against this background, the study consists of a theoretical exploration
of the nature of the metropolis as a feature, as well as specific concepts related to it, an
investigation into the most important metropolitan problems and an outline of the
historical complications regarding the origin of metropolitan municipalities. In addition to
this, personnel matters, financial relations and systems, the integrated development
plans, ward committees and the role of councillors within the context of the CTMM were
also investigated. / Public Administration / M.P.A.
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South African political prison-literature between 1948 and 1990 : the prisoner as writer and political commentatorBooth-Yudelman, Gillian Carol, Yudelman, Gillian Carol Booth- 11 1900 (has links)
This thesis examines works written about imprisonment by
four South African political prison writers who were incarcerated
for political reasons. My Introduction focuses on current
research and literature available on the subject of political
prison-writing and it justifies the study to be undertaken.
Chapter One examines the National Party's policy pertaining to
the holding of political prisoners and discusses the work of
Michel Foucault on the subject of imprisonment as well as the
connection he makes between knowledge and power. This chapter
also considers the factors that motivate a prisoner to write.
Bearing in mind Foucault's findings, Chapters Two to Five
undertake detailed studies of La Guma's The Stone Country, Dennis
Brutus's Letters to Martha, Hugh Lewin's Bandiet and Breyten
Breytenbach's The True Confessions of an Albino Terrorist,
respectively. Particular emphasis is placed on the reaction of
these writers against a repressive government. In addition,
Chapters Two to Five reflect on the way in which imprisonment
affected them from a psychological point of view, and on the
manner in which they were, paradoxically, empowered by their
prison experience. Chapters Four and Five also consider capital
punishment and Lewin and Breytenbach's response to living in a
hanging jail. I contemplate briefly the works of Frantz Fanon in
the conclusion in order to elaborate on the reasons for the
failure of the system of apartheid and the policy of political
imprisonment and to reinforce my argument. / English Studies / D. Litt. et Phil. (English)
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The roots of civic apathy in local governmentMokgwatsana, Edwin Ntwampe 11 1900 (has links)
The dissertation deals with the roots of civic apathy in local government, and the
main emphasis is to establish the root cause/s of civic apathy. The hypothesis: 'civic
apathy is a phenomenon intensified by ignorance and a feeling of powerlessness and
frustration on the electorate' is tested in this study. To examine further specific
aspects of civic apathy, including establishing the cause/s and effects of apathy, the
author conducted a quantitative research in the Northern Metropolitan Area m
Johannesburg, using questionnaires and literature study as the research method.
The hypothesis advanced in the dissertation has been validated insofar as it has been
argued and demonstrated that indeed people can feel powerless and frustrated if they
are deliberately being excluded from, or denied the opportunity to participate
actively in their local government activities. The main finding is that civic apathy is
intensified by ignorance. However, the most important finding is that there ts a
causal relationship between powerlessness, frustration and apathy. / Public Administration and Management / M. Admin. (Public Administration)
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Chile, South Africa and the great powers, 1795-1948Schellnack, Isabel Stella 11 1900 (has links)
This work covering the period 1795 to 1948 has four main features. It
firstly examines the role of international and domestic factors in
determining regional interaction and cooperation between South Africa
and Chile. Secondly, it documents the whims of the international
community, and more particularly the world powers which was a
motivating factor in Chilean and South African politics, economy, society
and their bilateral relations. Thirdly it covers the period when Britain rose
to world power status. Eventually, this gave way to her displacement by
Germany and then ultimately the United States. This study's fourth feature
is that it marks the first documented account of direct contact between the
inhabitants at the Cape of Good Hope and Latin America. The period ends
with a cornerstone in the history of South African-Chilean bilateral relations
when direct diplomatic and consular relations were established by both
South Africa and Chile in May 1948. / M.A. (History)
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