This research was based on the implementation analysis of the South Africa-China bilateral agreements, specifically the case of the South African Agricultural Technology Demonstration Centre (SAATDC). In this regard, the researcher was of the view that, with implementation analysis, it is possible to identify the particular circumstances that could affect implementation of a particular policy, both in advance of a policy’s adoption or after it is implemented. This research tracked the implementation of the SAATDC bilateral agreement to examine whether this bilateral agreement was effectively implemented or not. There is a need to translate political commitment into a practical programme for successful implementation. Implementation is one of the major problems confronting developing nations, of which South Africa is one. Furthermore the researcher investigated whether the SAATDC bilateral agreement meets necessary pre-conditions of policy implementation, necessary for successful policy implementation, and examines whether these pre-conditions are adequately addressed in the bilateral policy document.Previous research has shown that once these preconditions are met, the potential for successful implementation of a policy increases. There is a need in South Africa to fully exploit opportunities provided through similar Chinese aid projects for the benefit of local workers such as artisans, engineers and project managers by ensuring that bilateral agreements adequately address factors that could undermine South Africa’s ASGISA and JIPSA objectives regarding skills and technology transfer. It is important to investigate whether the bilateral agreement here makes sufficient provision for adequate involvement of South African engineers, artisans and South African companies in the implementation of such Chinese aid programmes or projects. There is a need to enhance the sophistication of local artisans and engineers as required by the ASGISA and JIPSA strategy and objectives. / Public Administration & Management / M. Admin. (Public Administration)

This research was based on the implementation analysis of the South Africa-China bilateral agreements, specifically the case of the South African Agricultural Technology Demonstration Centre (SAATDC). In this regard, the researcher was of the view that, with implementation analysis, it is possible to identify the particular circumstances that could affect implementation of a particular policy, both in advance of a policy’s adoption or after it is implemented. This research tracked the implementation of the SAATDC bilateral agreement to examine whether this bilateral agreement was effectively implemented or not. There is a need to translate political commitment into a practical programme for successful implementation. Implementation is one of the major problems confronting developing nations, of which South Africa is one. Furthermore the researcher investigated whether the SAATDC bilateral agreement meets necessary pre-conditions of policy implementation, necessary for successful policy implementation, and examines whether these pre-conditions are adequately addressed in the bilateral policy document.Previous research has shown that once these preconditions are met, the potential for successful implementation of a policy increases. There is a need in South Africa to fully exploit opportunities provided through similar Chinese aid projects for the benefit of local workers such as artisans, engineers and project managers by ensuring that bilateral agreements adequately address factors that could undermine South Africa’s ASGISA and JIPSA objectives regarding skills and technology transfer. It is important to investigate whether the bilateral agreement here makes sufficient provision for adequate involvement of South African engineers, artisans and South African companies in the implementation of such Chinese aid programmes or projects. There is a need to enhance the sophistication of local artisans and engineers as required by the ASGISA and JIPSA strategy and objectives. / Public Administration and Management / M. Admin. (Public Administration)

This dissertation interrogates which principles should govern the interpretation of South African Double Tax Agreements (‘DTAs’). This field of study is complex because any DTAs have a dual nature. In the first place, it is an international agreement where two states are parties (a bilateral agreement); second, it also becomes part of domestic law. DTAs are governed by principles of customary international law some of which have been codified in the Vienna Convention on the Law of Treaties (‘VCLT’). Though South Africa is not a party to the VCLT, nevertheless, there is judicial support in South Africa for the notion that VCLT reflects general principles of international law [Harksen v President of the Republic of South Africa 1998 (2) SA 1011 (C)]. DTAs are incorporated into South African domestic law by way of statutory enactment in accordance with the dualist approach to international law. The first purpose of the dissertation is to systematise and analyse the structure of an OECD Model Tax Convention (‘OEC D MTC’) and the international methods (principles) of interpretation of DTAs in order to gain a better understanding of how this international methods functions. A number of issues relating to the interpretation of these methods are analysed. Since DTAs are applied by tax authorities, courts and taxpayers in a domestic law context, i.e. within the framework of the legal system of a particular state, the analysis focuses on the application in South Africa of the methods of the interpretation of South African DTAs. The second objective of the dissertation refers to international tax law principles (treaties and customary international law) derived from South Africa public international law and to evaluate a few selected issues related to South African DTAs and their relevance to South Africa domestic tax laws; the interpretation of DTAs and the implications of a DTA overriding or in conflict with South Africa domestic tax laws. It will also interrogate the legal status of a DTA under South African tax law and whether the anti-discrimination article in South Africa DTAs have the force of law in South Africa? / Dissertation (LLM)--University of Pretoria, 2014. / gm2014 / Mercantile Law / unrestricted