The interim Constitution and the 1996 South African Constitution are products of a compromise between various political parties, mainly those that advocated for a unitary system, for example the African National Congress (ANC) and the Pan Africanist Congress (PAC) were the leading proponents , anti the parties that advocated for a federal constitution, the significant ones being the Inkatha Freedom Party (lFP), the National Party (NP) and the Democratic Party (DP). The interim Constitution and the 1996 South African Constitution contain both unitary and substantial federal characteristics. The study deals with the origins of the federal idea and how the concept federalism is understood and applied internationally, and draws out some key characteristics that are common in federal constitutions so as to measure the interim Constitution and the 1996 South African Constitution against such common characteristics. The conclusion deals with recommendations of how the substantial federal characteristics could be effectively managed through intergovernmental relations / Political Science / M.A. (African Politics)

The introduction of school governing bodies provided the communities with an opportunity to play a significant role in the organisation and governance of the schools. This involvement of significant stakeholders is purported to oversee that schools offer education of high quality to the learners. However, school governance is a legal responsibility, which requires skills, knowledge and expertise to ensure that SGB members will be able to fulfil the concomitant legal duties. The aim of the study was to investigate the impact of SGBs' capacity on school governance in three rural schools in the Moretele District. The findings revealed that SGBs' knowledge and understanding of their roles and responsibilities, and the type of training they receive have a marked effect on their functionality. There is also a need to recruit SGB members with a particular level of education, knowledge, understanding and expertise to minimize the chances of failure. / Educational Studies / Thesis (M. Ed.)

Educational authority in a situation where schooling is democratised is explored. The bases of authority such as social order, legal authority, knowledge, moral values and societal structures are established. The role of authority in education relationships and in the realisation of the educational aim is researched in order to attempt formulating criteria for accountable authority. The basic tenets of democracy that included aspects such as involvement, consultation, communication and reflective decision making are explored. Since fundamental human rights is a critical issue and precondition for a democracy, a focus on Chapter Two of the Constitution of the Republic of South Africa is related to the research. Attention is also given to the hierarchical school structure and the rights and responsibilities of those involved in this structure. Through an extensive literature study and a qualitative analysis of the responses to a questionnaire, conclusions are reached and recommendations made. / Educational Studies / M. Ed. (Philosophy of education)

The interim Constitution and the 1996 South African Constitution are products of a compromise between various political parties, mainly those that advocated for a unitary system, for example the African National Congress (ANC) and the Pan Africanist Congress (PAC) were the leading proponents , anti the parties that advocated for a federal constitution, the significant ones being the Inkatha Freedom Party (lFP), the National Party (NP) and the Democratic Party (DP). The interim Constitution and the 1996 South African Constitution contain both unitary and substantial federal characteristics. The study deals with the origins of the federal idea and how the concept federalism is understood and applied internationally, and draws out some key characteristics that are common in federal constitutions so as to measure the interim Constitution and the 1996 South African Constitution against such common characteristics. The conclusion deals with recommendations of how the substantial federal characteristics could be effectively managed through intergovernmental relations / Political Science / M.A. (African Politics)

Conceptually, South Africa is “one sovereign democratic state”, with a three-sphere governmental system operating co-operatively. Each sphere of government has “original” or constitutionally-allocated powers and functions, as well as legislative and executive powers. Thus, the governmental system is a hybrid or one sui generis, not benefiting from appropriate precedents. The status and autonomy given local government makes it somewhat unique in the world. Application of the principle of subsidiarity, and the mandate for local government to be developmental has resulted in the roles and responsibilities of municipalities being substantially increased, notwithstanding that most suffer from a lack of resources and capacity. Local authorities moved from the establishment of the first one in 1682 as providers of basic municipal services on the basis of race and affordability to democratically-elected ‘wall-to-wall’ municipalities in 2000. With 257 municipalities serving a population of 55.6 million, South African local authorities are comparatively large, spatially and demographically. Given the constitutional-statutory framework and the resultant complex operating environment, it is imperative that all municipalities are able to represent their interests in an intelligent, forceful, and unified manner on decision-making institutions to ensure a close fit between policies/programmes and peoples’ needs. Hence, effective municipal representation by knowledgeable, ethical and committed persons is imperative. The study provides a history of representation and local authority ‘development’ and underdevelopment in South Africa; a theoretical basis for representation; a review of formalism and government’s approach to development; co-operative governance and intergovernmental relations as a mechanism to facilitate municipal representation; an analysis local government powers, functions, status, autonomy, objects, rights and duties of municipalities; local participatory and representative democracy; and the establishment of municipalities. The constitutional and statutory provisions provide the foundation and framework to facilitate municipal representation. The study continues by analysing other mechanisms that enable municipal representation; a comparative review of local government and co-operative governance in certain select countries. It goes on to review the formal framework for organised local government in South Africa, including an overview of the South African Local Government Association (SALGA). Finally, findings and recommendations are made toward a model for municipal representation in South Africa. / Public, Constitutional and International Law / LL. D.

The aim of the study was to investigate the training of school governing bodies in the Free State Province from an education management point of view. Since 1994 the South African government has adopted a number of policy documents aimed at democratizing education in the country. The transformation of education in the new South African context encompasses the idea of partnership in which participants - such as parents, educators, learners (in secondary schools) play an active role in taking decisions on behalf of the school. The State alone cannot control schools, but has to share its power with other stakeholders. However, this can only happen if participants in school governance are trained to have power and the capacity to decide on matters affecting their schools. Hence, training is the cornerstone of affirming governors in the execution of their roles and responsibilities. Since school governing bodies are composed of a cross section of people with different ideologies, expectations and levels of education - training is necessary to prepare then for co-operative governance. Without adequate and on-going in-service training, it is unlikely that school governing body members can make informed decisions. The empirical method, namely qualitative research, was successful in obtaining information from participants about the training offered to them. It also established how participants felt and thought about their experiences and perceptions about the training they received, whether it built capacity or not. A number of recommendations were made with regard to the research findings for stakeholders to note. / Educational Studies / D. Ed. (Comparative Education)

South Africa and the rest of the world currently face an exacerbating threat of environmental degradation, which can be partly ascribed to the fact that some parts of society still place economic growth as a priority over environmental conservation. This study shows that such an approach is only profitable over the short term and actually causes more harm than good. On the other hand, the world is still recovering from the major 2008 global financial crisis. To tip the scale back into balance, it is crucial that economic -, social -, and environmental development be sustainable; from now and into the future. This study recognises that, to achieve sustainable development at all three levels, a transition to a green economy is needed. In essence a green economy requires investment in the environment for the benefit of both society and the economy. This study then goes on to show that ecotourism can be used as a manner to invest in the environment, whilst at the same time uplifting society and improving the economy. Subsequently it is identified as a key driver of a green economy. However, a daunting reality is that ecotourism developments and - activities also threaten the environment. This study therefore argues that ecotourism has to be regulated effectively; otherwise it will not live up to its purpose and may, as a result, curtail South Africa’s efforts of a transition to a green economy, instead of positively contributing to it. This study asks the question: Does South Africa’s environmental legislation provide for the effective regulation of ecotourism? This question is answered by considering whether various relevant pieces of national environmental legislation measure up to certain criteria that is inherent to the effective regulation of ecotourism. Finally this study serves to show that; from an environmental law perspective, and to the extent that this study investigated the ecotourism environment, ecotourism as a phenomenon is regulated effectively in South Africa. However, it appears that there still remains tremendous scope for improvement. / LLM (Environmental Law and Governance), North-West University, Potchefstroom Campus, 2014

South Africa and the rest of the world currently face an exacerbating threat of environmental degradation, which can be partly ascribed to the fact that some parts of society still place economic growth as a priority over environmental conservation. This study shows that such an approach is only profitable over the short term and actually causes more harm than good. On the other hand, the world is still recovering from the major 2008 global financial crisis. To tip the scale back into balance, it is crucial that economic -, social -, and environmental development be sustainable; from now and into the future. This study recognises that, to achieve sustainable development at all three levels, a transition to a green economy is needed. In essence a green economy requires investment in the environment for the benefit of both society and the economy. This study then goes on to show that ecotourism can be used as a manner to invest in the environment, whilst at the same time uplifting society and improving the economy. Subsequently it is identified as a key driver of a green economy. However, a daunting reality is that ecotourism developments and - activities also threaten the environment. This study therefore argues that ecotourism has to be regulated effectively; otherwise it will not live up to its purpose and may, as a result, curtail South Africa’s efforts of a transition to a green economy, instead of positively contributing to it. This study asks the question: Does South Africa’s environmental legislation provide for the effective regulation of ecotourism? This question is answered by considering whether various relevant pieces of national environmental legislation measure up to certain criteria that is inherent to the effective regulation of ecotourism. Finally this study serves to show that; from an environmental law perspective, and to the extent that this study investigated the ecotourism environment, ecotourism as a phenomenon is regulated effectively in South Africa. However, it appears that there still remains tremendous scope for improvement. / LLM (Environmental Law and Governance), North-West University, Potchefstroom Campus, 2014

The aim of the study was to investigate the training of school governing bodies in the Free State Province from an education management point of view. Since 1994 the South African government has adopted a number of policy documents aimed at democratizing education in the country. The transformation of education in the new South African context encompasses the idea of partnership in which participants - such as parents, educators, learners (in secondary schools) play an active role in taking decisions on behalf of the school. The State alone cannot control schools, but has to share its power with other stakeholders. However, this can only happen if participants in school governance are trained to have power and the capacity to decide on matters affecting their schools. Hence, training is the cornerstone of affirming governors in the execution of their roles and responsibilities. Since school governing bodies are composed of a cross section of people with different ideologies, expectations and levels of education - training is necessary to prepare then for co-operative governance. Without adequate and on-going in-service training, it is unlikely that school governing body members can make informed decisions. The empirical method, namely qualitative research, was successful in obtaining information from participants about the training offered to them. It also established how participants felt and thought about their experiences and perceptions about the training they received, whether it built capacity or not. A number of recommendations were made with regard to the research findings for stakeholders to note. / Educational Studies / D. Ed. (Comparative Education)

The right to education is entrenched in the Constitution of the Republic of South Africa, 1996. The Constitution, together with various policy documents, provides guiding principles for the transformation of higher education in South Africa. Several universities were placed under administration, before and after the attainment of democracy in South Africa. The independent assessors reports on these institutions have one thing in common, namely that they point out poor administration and ineffective corporate governance practices. Despite many commendable initiatives by Government since 1994 to improve an apparently flawed higher education system, some aspects could be enhanced further, especially concerning corporate governance and governance accountability. Council members and the executive management of higher education institutions are subject to common law fiduciary duties and duties of care and skill. However, their accountability for breaches of these duties is not always clear and is seldom enforced. There is a need to balance effective accountability and the exercise of discretionary powers that are integral to effective governance and management. This thesis considers how corporate governance and compliance in higher education can be improved further, taking into account various legislative changes to the Higher Education Act 101 of 1997, direction provided by the Companies Act 71 of 2008 and the Banks Act 94 of 1990 in respect of the regulation of directors’ duties. An in-depth investigation into the relevant provisions of these Acts was not intended nor undertaken. Rather, the thesis draws from these Acts so that the problems concerning corporate governance in the higher education sector may be dealt with. The regulation of higher education in the foreign jurisdiction of the State of Georgia in the United States of America and in the Canadian province of Ontario was also considered. Based on the research undertaken, specific amendments are proposed to the Higher Education Act of 1997 and the Regulations for Reporting by Public Higher Education Institutions 2014, which are aimed at improvin higher education. / Die reg op onderwys word in die Grondwet van die Republiek van Suid-Afrika 1996 verskans. Riglyne vir die transformasie van hoër onderwys in Suid-Afrika word in die Grondwet en verskeie ander beleidsdokumente vervat. Voordat en nadat ‘Suid-Afrika demokraties geword het, is verskeie universiteite onder administrasie geplaas. Luidens die onafhanklike assessore se verslae, het hierdie instellings een ding gemeen gehad: swak administrasie en ondoeltreffende korporatiewe regering. Ondanks talle prysenswaardige stappe van die regering sedert 1994 om die probleme in die hoëronderwysstelsel te ondervang, kan bepaalde aspekte steeds verbeter, in die besonder korporatiewe regering en regeeraanspreeklikheid. Raadslede en lede van die uitvoerende besture van hoëronderwysinstellings is verplig om hulle gemeenregtelike fidusiêre pligte en hulle sorgvuldigheids- en kundigheidsplig na te kom. Hulle verantwoordingspligtigheid in geval van pligsversuim is egter dikwels vaag en word selde afgedwing. Die juiste ewewig moet gevind word tussen doeltreffende verantwoordingspligtigheid en die uitoefening van diskresionêre magte wat onlosmaaklik deel is van doeltreffende korporatiewe regering en bestuur. In hierdie tesis word gekyk hoe korporatiewe regering en nakoming in hoër onderwys verbeter kan word met inagneming van verskeie wysigings van die Wet op Hoër Onderwys 101 van 1997, riglyne in die Maatskappywet 71 van 2008 en in die Bankwet 94 van 1990 aangaande die pligte van direkteure. Geen grondige ondersoek na die toepaslike bepalings in hierdie wette is beoog of gedoen nie. Hulle word eerder gebruik om oplossings vir die probleme met korporatiewe regering in hoër onderwys te vind. Hoe hoër onderwys in die Amerikaanse deelstaat Georgia en die Kanadese provinsie Ontario gereël word, is eweneens in ag geneem. Wysigings van die Wet op Hoër Onderwys van 1997 en die Regulations for Reporting by Public Higher Education Institutions 2014, wat poog om verantwoordingspligtigheid en voldoening in hoër onderwys te verbeter, word voorgestel. / Ilungelo lokufunda liqukethwe uMthethosisekelo woMbuso waseNingizimu Afrika, wangonyaka ka 1996. UMthethosisekelo, kanye neminye imibhalo eyahlukahlukene yemigomo, inikeza umhlahlandlela wemigomo yokuguqulwa kwamaziko emfundo ephakeme eNingizimu Afrika. Amanyuvesi ahlukahlukene amiswa futhi, ngaphambili nangemuva kokuthola idemokhrasi eNingizimu Afrika. Imibiko yabaphenyi bamanyuvesi abazimele inophawu olufanayo, lokuthi iveza ukungahanjiswa kahle kohlelo lokuphatha kanye nokungalandelwa kwezingqubo zokuphatha amabhizinisi. Yize kunemizamo eminingi encomekayo evela uHulumeni kusukela ngonyaka ka 1994, imizamo yokuthuthukisa uhlelo lwemfundo ephakeme olwehlulekayo, ezinye zezimpawu zaqhubeka nokuqiniswa, ikakhulu lezo ezimayelana nokuphathwa kwamaziko kanye nokuziphendulela kwamaziko. Amalungu omkhandlu kanye nesigungu sabaphathi bamaziko emfundo ephakeme bayaphoqeleka ukulandela umthetho ngokuthi benze imisebenzi ngokuthembeka okuyimisebenzi emayelana nokunakekela kanye namakhono okusebenza. Yize-kunjalo, ukuziphendulela kwabo uma bephula imithetho kaningi akucaci kahle kanti le mithetho ayivamisile ukuqiniswa. Kunesidingo sokulinganisa uhlelo olusebenzayo lokuziphendulela kanye nokusebenzisa amandla okuphatha onikezwe wona, okungamandla ayinsika ekuqiniseni uhlelo lokuhanjiswa kahle kwamaziko kanye nokuphathwa. Le thesis iqonde ekutheni ngabe uhlelo lokuphathwa kwamaziko kanye nokulandelwa kwemithetho emazikweni emfundo aphakeme kungathuthukiswa kanjani, uma kubhekwa izinguquko zomthetho ezahlukahlukene, kuMthetho 101 weMfundo Ephakeme ka 1997, uma kubhekwa indlela enikezwa uMthetho 71 weziNkampani ka 2008 kanye noMthetho 94 wamaBhange ka 1990 mayelana nomthetho wemisebenzi yabaqondisi. Akukaze kube nenhloso futhi kwenziwe uphenyo olujulile mayelana nemithetho efanele yale Mithetho. Kunalokho, ithesisi yencike phezu kwaleMithetho ukuze izinkinga ezimayelana nokuphathwa kwamaziko emkhakheni wemfundo ephakeme zidingidwe kahle. Umthetho wemfundo ephakeme esiyingini somthetho sangaphandle se-State of Georgia ngase-United States of America kanye nasesifundazweni saseCanada ngase-Ontario nawo uye wabhekwa. Ngenxa yocwaningo olwenziwe, sekuye kwaphakanyiswa ukuthi kube nezinguquke ezithile eMthethweni weMfundo ePhakeme ka 1997 kanye naseMithethweni yokuBika yamaZiko eMfundo ePhakeme oMphakathi ka 2014, okuyimithetho ehlose ukuthuthukisa izinga lokuphatha okunokuziphendulela kanye nokulandela umthetho wemfundo ephakeme. / Mercantile Law / LL. D.