The purpose of this study was to assess the role of the officials on housing service delivery in the Nelson Mandela by Municipality (NMBM). The role of the officials currently occupies the centre stage in the Public Service and they should be proud to be the servants of the people. Furthermore, they relish the challenge of providing improved services to all by applying the principles of Batho Pele. In order to meet the goals of the study, it was necessary to study the literature on the housing sector, in particular the role of Officials in the Nelson Mandela Municipality and the reasons why people marched and accused Officials of perceived Corruption in Nelson Mandela Bay Municipality. In order to address the research problem and to fulfill the research objectives, an in depth literature study was done. Empirical studies were done by means of face-to-face interviews and Questionnaires with the Sample population from the Community and the Department of Housing officials in NMBM. The findings of the study suggested that there is ineffective client interface, housing waiting lists are not properly managed, there is a lack of transparency in housing allocations, as well as favoritism by Officials, Councilors and Community leaders on the allocation of houses and there is also a problem of the illegal occupation of houses .The study further suggests that the role of Officials and Councilors needs to be improved if it is to serve as a catalyst for effective housing service delivery to the citizens of NMBM. Recommendations were put forward to assist the Nelson Mandela Bay Municipality in improving effective and efficiency Housing Service Delivery.

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Creditors of the corporate business form are in a vulnerable position. Recognition of the plight of corporate creditors led to the implementation of various legal measures aimed at protecting their financial interest in the company. These measures proved disappointingly inadequate in many instances. As a result the judiciary in some jurisdictions felt compelled to develop existing legal principles pertaining to directors’ duties in such a way that they could be used to facilitate protection of corporate creditors’ interests. This development did not meet with universal approval. Those opposed to the extension of directors’ duties to protect creditors’ interests have three main arguments against it. The first is related to conceptual issues and policy concerns. The second argument is that existing remedies are more than adequate to protect creditors’ interests. A last argument against a directorial duty to creditors pertains to the practical implementation of this extended duty. It is argued that the existing legal framework with regard to directors’ duties is not suitable to provide protection for creditors’ interests. However, it was shown in this study that the extension of directors’ duties to protect creditors’ interests is indeed justifiable on a sound conceptual basis and that policy concerns regarding such an extension are either unfounded, or should be addressed in some other way. An analysis of existing protective measures and remedies often referred to by opponents of an extension of directors’ duties, namely statutory personal liability of directors, traditional insolvency remedies, and the piercing of the veil doctrine furthermore showed that these measures are inadequate. This leads to the conclusion that there is a definite need for an alternative remedy, such as the extension of directors’ duties to include creditors’ interests. The existing legal framework in respect of directors’ duties furthermore proved to be capable of being successfully adapted to include creditors’ interests. Central issues in this respect, as was indicated by an analysis of case law, are the point in time when the duty to creditors is triggered, the beneficiary of the duty, in other words who would have locus standi in case of a breach of the duty, and the type of protection afforded to creditors’ interests by way of fiduciary duties and the duty of care and skill. The existing legal framework also provides measures in terms of which honest and diligent directors may be relieved from liability, such as indemnification, relief granted by the courts and director liability insurance. These measures, if formulated correctly, may achieve and maintain the essential balance between accountability and entrepreneurial freedom. The legislature appears to have adopted a cautious approach to the issue of directors’ duties to creditors. It thus seems to be up to the judiciary to develop directors’ duties to creditors in a meaningful way. Pioneering in this respect has already been done in Australia, New Zealand, England, Canada and the United States of America. It is to be hoped that the South African judiciary will follow suit when the opportunity to do so arises. / Thesis (LLD (Mercantile Law))--University of Pretoria, 2007. / Mercantile Law / unrestricted

Lack of appropriate level of beneficiary involvement during the project lifecycle may lead to mismatch between the project output and needs of beneficiaries. Therefore, involving beneficiaries in the project helps to assure that the Non-Governmental Organisations (NGOs) provide the right solution to needs of beneficiaries as well as sustaining project results. Although beneficiary involvement is useful, the challenge is to determine how and when to involve beneficiaries in the project.    The purpose of this study is to improve the process of managing beneficiary involvement in NGOs. To achieve this, a review of the existing literature was done to have an initial understanding of beneficiary involvement. During our literature review, we identified six progressive levels of involvement which include: information sharing, listening and learning, joint assessment, shared decision-making, collaboration and empowerment.  Based on this literature review, we suggested a framework for managing beneficiary involvement.   In addition, we conducted a multiple case study and collected data from five different cases through interviews. Our respondents were professionals with several years of experience in developing and implementing development projects which are aimed at improving the livelihood of vulnerable communities. Through the analysis of the empirical findings, we got new insights on how the process of beneficiary involvement is managed. We identified four additional levels of beneficiary involvement within the project cycle. These include incentive system, peer facilitators, group forming, and cost sharing. The study also reveals the factors that affect beneficiary involvement, such as cultural context and, donors’ influence and requirements. We also highlighted that the appropriate level of beneficiary involvement should be chosen depending on the project context. Regardless of these factors, the research findings show that beneficiary involvement creates a sense of ownership, enhances project outcome and is useful in sustaining a project’s results in the long term. Therefore, NGOs should endeavour to involve beneficiaries as much as possible to ensure that the projects being implemented are addressing community needs.

Magister Legum - LLM / This thesis investigates the possibility of relaxing the privity principle of contract to accommodate the interests of third parties in South Africa. It explores concepts relating to the doctrine of privity as well as the two legs that constitute this common law doctrine. It will draw lessons from the English legal system because English law of contract managed to reform the doctrine of privity in order to accommodate the interests of third parties to a contract. While this thesis is not a comparative study of England and South Africa, it will draw substantially from lessons that can be taken from England with regard to abrogating the privity principle of contract. England has been chosen as the point of reference because there has not yet been any other African country that has reformed this privity principle of the common law of contract in order to accommodate the interests of third parties.

Participation is present as one of the most important factors to achieve sustainable change in human development. Communication and dialogue are amongst the most important tools to create participation. This qualitative study is trying to find out what methods are being used by development professionals to create communication and dialogue. It also studies the development professionals conception of communication with beneficiaries and their view of the beneficiary itself. The data was retrieved from five semi-structural interviews with development professionals active in community development or empowerment. The most important conclusions were that communication with beneficiaries appears to be perceived as consulting the beneficiary, that beneficiaries only are being involved in decisions concerning their proximate reality on a local level, that the beneficiary is most commonly viewed upon as equal, student or passive and that there seems to be a discrepancy between the development professionals’ official discourse, personal opinion and actual practice.

1 Administration of property of others - trusts Abstract The main objective of this thesis is to provide a detailed and systematical view of the new regulation of the institution of the trust in the Czech republic using the descriptive, analytical and comparative method. The work is divided into seven parts. Part 1 of this study is focused on defining the concept of the trust and its creation. It deals with its theoretical background and its fundamental constitutive elements. Part 2 describes the founder and his role at the creation of the trust and during its existence. In this part it is also discussed the question of reservation of rights to the appropriated property made by the founder. Part 3 of this thesis is concerned with the of administration of the trust. Primarily, this part focuses on the role of the trustee and his duties towards the trust and to the beneficiary, as well as his duties to third parties. The author also explores the question of an objective and impartial administration of the trust where the founder or the person who is to receive a performance from the trust is also the trustee, as well as the question of appointment and removing the trustee. Part 4 deals with the beneficiary and his right to receive a performance from the trust. It is also concerned with the way of appointing...

abstract: Beneficiary participation has become popular in international development generally, and it is an essential feature of sustainable development. But there are diverse definitions of and motivations for using beneficiary participation, and empirical literature on its effects is underdeveloped. This dissertation aims to clarify what beneficiary participation is and whether there is empirical support for claims about its benefits. I review historical trends in international development that led to the popularity of both sustainable development and beneficiary participation. This review identifies central themes in defining beneficiary participation and motivations for using it. I also developed a new typology of beneficiary participation based on a literature review of how scholars define beneficiary participation. I found that the main dimensions of beneficiary participation are (1) participants, (2) channels, (3) types of inputs, (4) timing, and (5) goals. By making these dimensions explicit, this work helps researchers and development practitioners more clearly describe the types of beneficiary participation they study, employ, and advocate for. To contribute to empirical literature about beneficiary participation, I conducted a case-study of two urban development projects in Bhopal, India. I collected data with a structured survey of project beneficiaries in four slums (two slums from each project) and semi-structured interviews with each project's organizers. And project documents provided secondary data on both projects. The results indicate that local elites did not capture a disproportionate share of either project's benefits, at least with respect to individual household toilets. Because project organizers rather than beneficiaries selected households that would receive toilets, both cases serve as counterexamples to the claim that beneficiaries must intensely participate for projects' benefits to be distributed equitably. Finally, I review academic literature for empirical evidence that supports claims about the advantages of beneficiary participation. There is relatively strong empirical support for the claim that beneficiary participation improves project outcomes, but empirical support for most other claims (i.e., that it helps make projects more efficient, distribute benefits equitably, and sustain project benefits) is weak. And empirical research suggests that one claimed benefit, empowerment, rarely materializes. In general, more empirical research about beneficiary participation is needed. / Dissertation/Thesis / Doctoral Dissertation Sustainability 2014

Magister Philosophiae (Land and Agrarian Studies) - MPhil(LAS) / As a means to assuage historical land inequities, resultant socio-economic disparities and poverty alleviation, the Namibian Government undertook to reform the land sector. Guided by the Constitution and the Resolutions of the 1991 Land Conference policy and legal framework, a fractured consensus is built on the rationale to redistribute land to a targeted group. Parallel to the reform agenda, systemic challenges to the resettlement process are growing amid questions on Government’s ability to respond to sustainable programme objectives embedded within land reforms. Literature coalesces on the issues of land-reform programmes having lost direction, being skewed in favour of a few, being biased towards commercial agriculture, and requiring review and re-configuration to be inclusive and to satisfy equity and povertyalleviation concerns. This study seeks to understand who has been benefitting from land reform by analysing the processes and procedures of identifying beneficiaries prioritised for land allocation, and institutional structures for implementation, while analysing how they produce and reproduce class differentiation and the attendent livelihood trajectories. Using qualitative research conducted in one case study site (Okarukambe constituency) the views of the smallscale farmers who benefitted were solicited. Additionally, the experiences and views of institutions and officials involved in land allocation at regional and national levels are taken into account. Theoretically the study draws from the livelihoods approach to find out the different categories of the small-scale farmers who have benefitted.

1 Administration of property of others - trusts Abstract The main objective of this thesis is to provide a detailed and systematical view of the new regulation of the institution of the trust in the Czech republic using the descriptive, analytical and comparative method. The work is divided into seven parts. Part 1 of this study is focused on defining the concept of the trust and its creation. It deals with its theoretical background and its fundamental constitutive elements. Part 2 describes the founder and his role at the creation of the trust and during its existence. In this part it is also discussed the question of reservation of rights to the appropriated property made by the founder. Part 3 of this thesis is concerned with the of administration of the trust. Primarily, this part focuses on the role of the trustee and his duties towards the trust and to the beneficiary, as well as his duties to third parties. The author also explores the question of an objective and impartial administration of the trust where the founder or the person who is to receive a performance from the trust is also the trustee, as well as the question of appointment and removing the trustee. Part 4 deals with the beneficiary and his right to receive a performance from the trust. It is also concerned with the way of appointing...