Magister Legum - LLM / The paper focuses on the role of the National Council of Provinces (NCOP) in the national legislative process. An enquiry into the relevance of the NCOP when processing bills during the Third Parliament has been critical when reviewing this role. The paper studied all the bills processed by Parliament with particular interest in the amendments proposed by the NCOP. The legislative framework in which the NCOP functions was critical to determine whether it enables this institution to adequately fulfill this role. The objective of this paper was to assess whether or not the NCOP fulfills its constitutional role of representing provincial interests in the national legislative process. The paper has uncovered the following regarding the NCOP’s role in the national legislative process. • The NCOP role varies according to the different pieces of legislation it is considering. This means that the manner in which it processes and passes ordinary bills affecting provinces will be different from the way it considers those bills not affecting provinces. • The NCOP has thorough consultative process on bills affecting provinces, compared to the superficial role it plays on bills not affecting provinces. More ordinary bills not affecting provinces have been processed by Parliament; however, the NCOP has proposed more amendments to the minority of bills affecting provinces. • The electoral system of South Africa has weakened the caliber of delegates in the NCOP. This has unintended consequences on the strength of the NCOP as an institution to abide by its decisions or to challenge the National Assembly when there are disagreements. • The NCOP may be misguided about its role at times and not strategically situated to focus on matters of provincial competence. x The paper argues that the NCOP remains relevant and has achieved its constitutional mandate of representing the interests of provinces. However, more work needs to be done to ascertain a common view of what constitutes provincial interests. Furthermore, the NCOP should confine its scope to matters of provincial competence. Thus the small number of delegates will be focused on the issues that reflect the core mandate of this institution.

Magister Philosophiae - MPhil / There is overwhelming evidence that South Africa’s rivers are heavily polluted, a situation which is attributable to a large degree to poorly functioning and inefficiently managed waste water treatment works in municipalities. The evidence suggests, furthermore, that municipalities often do not comply with their constitutional obligation to provide water services in a sustainable manner and promote a safe and healthy environment. Such non-compliance infringes on people's constitutionally guaranteed rights to a pollution-free environment and equitable access to sufficient and safe water. The problem is that municipalities are not properly managing the waste water treatment works (WWTWs) and not regulating industrial discharge into these works in accordance with the prescribed national norms and standards. The National Water Act 36 of 1998 and other related Acts provide for legal and informal enforcement mechanisms that criminalise acts of pollution. However, none of them have been effective in enforcing municipal compliance with the national norms and standards of effluent management. There are two main reasons for this. First, the constitutional structure does not allow the Minister responsible for water management to exercise direct supervision of the municipalities despite the functional relationship the Department of Water and Sanitation has with municipalities in respect of water. Secondly, the Constitution (1996) instructs the spheres of government to avoid legal processes and cooperate with one another by intervening to execute the function if the sphere responsible for the function lacks capacity. This thesis explores the possible use of two statutory instruments of cooperative government and intergovernmental relations as strategies to complement and support the conventional enforcement measures in the water sector: the establishment of water intergovernmental forums; and the use of implementation protocols to supervise municipalities that chronically lack capacity as a way of providing targeted support and monitoring to facilitate an effective compliance and enforcement regime in the water sector.

Magister Legum - LLM

<p>Can a country function without a legislative framework able to inform decisionmaking processes taken at different spheres of government? To what extent would actions conducted at various&nbsp / spheres of government be efficiently coordinated and informed by appropriate channels of constitutional provisions and legislative amendments to consolidate financial and intergovernmental&nbsp / fiscal relations policy-making tools for the realization of an efficient local developmental state? Answers to the above mentioned two questions refer to normative fiscal policy principles and&nbsp / prescriptive instruments of intergovernmental fiscal transfer design, whose orientation suggests better ways of framing sound and coherent programs and interventions that strengthen&nbsp / cooperative synergy and transfer knowledge of experience gained in empirical investigations and various South African environments of higher academic learning. Growing evidence&nbsp / acknowledges South Africa as one of the young democratic countries that has been going through a period of transition over the past three years as it changes its system of public finance from&nbsp / a structure suited to the old apartheid system to one consistent with the new South African Constitutional dispensation. While the former system was highly centralized, the newconstitution makes a clear commitment to municipal governments as important providers of government services, with greater tax and spending powers. Even as local autonomy has been substantially increased,&nbsp / there remains uncertainty as to the most appropriate design of a system of intergovernmental fiscal grants to metropolitan areas and townships. This study analyses this situation and further&nbsp / develops a generic design for intergovernmental transfers and its suitability to the realities of South African municipalities on the ground within the framework of Cooperative Government. This&nbsp / study concludes that fiscal&nbsp / management, as a cross-cutting discipline, is a&nbsp / powerful instrument for government&rsquo / s revenue sources at the national, provincial and local government levels.&nbsp / Financial management should be regarded as a co-coordinating mechanism managing government&rsquo / s expenditure and catalyzing sound financial relationship for an efficient management in the&nbsp / country, thus allowing government to budget effectively for the delivery of goods and services in order to attain the constitutional mandate of a developmental state.</p>

<p>Can a country function without a legislative framework able to inform decisionmaking processes taken at different spheres of government? To what extent would actions conducted at various&nbsp / spheres of government be efficiently coordinated and informed by appropriate channels of constitutional provisions and legislative amendments to consolidate financial and intergovernmental&nbsp / fiscal relations policy-making tools for the realization of an efficient local developmental state? Answers to the above mentioned two questions refer to normative fiscal policy principles and&nbsp / prescriptive instruments of intergovernmental fiscal transfer design, whose orientation suggests better ways of framing sound and coherent programs and interventions that strengthen&nbsp / cooperative synergy and transfer knowledge of experience gained in empirical investigations and various South African environments of higher academic learning. Growing evidence&nbsp / acknowledges South Africa as one of the young democratic countries that has been going through a period of transition over the past three years as it changes its system of public finance from&nbsp / a structure suited to the old apartheid system to one consistent with the new South African Constitutional dispensation. While the former system was highly centralized, the newconstitution makes a clear commitment to municipal governments as important providers of government services, with greater tax and spending powers. Even as local autonomy has been substantially increased,&nbsp / there remains uncertainty as to the most appropriate design of a system of intergovernmental fiscal grants to metropolitan areas and townships. This study analyses this situation and further&nbsp / develops a generic design for intergovernmental transfers and its suitability to the realities of South African municipalities on the ground within the framework of Cooperative Government. This&nbsp / study concludes that fiscal&nbsp / management, as a cross-cutting discipline, is a&nbsp / powerful instrument for government&rsquo / s revenue sources at the national, provincial and local government levels.&nbsp / Financial management should be regarded as a co-coordinating mechanism managing government&rsquo / s expenditure and catalyzing sound financial relationship for an efficient management in the&nbsp / country, thus allowing government to budget effectively for the delivery of goods and services in order to attain the constitutional mandate of a developmental state.</p>

Masters in Public Administration - MPA / Can a country function without a legislative framework able to inform decisionmaking processes taken at different spheres of government? To what extent would actions conducted at various spheres of government be efficiently coordinated and informed by appropriate channels of constitutional provisions and legislative amendments to consolidate financial and intergovernmental fiscal relations policy-making tools for the realization of an efficient local developmental state? Answers to the above mentioned two questions refer to normative fiscal policy principles and prescriptive instruments of intergovernmental fiscal transfer design, whose orientation suggests better ways of framing sound and coherent programs and interventions that strengthen cooperative synergy and transfer knowledge of experience gained in empirical investigations and various South African environments of higher academic learning. Growing evidence acknowledges South Africa as one of the young democratic countries that has been going through a period of transition over the past three years as it changes its system of public finance from a structure suited to the old apartheid system to one consistent with the new South African Constitutional dispensation. While the former system was highly centralized, the newconstitution makes a clear commitment to municipal governments as important providers of government services, with greater tax and spending powers. Even as local autonomy has been substantially increased, there remains uncertainty as to the most appropriate design of a system of intergovernmental fiscal grants to metropolitan areas and townships. This study analyses this situation and further develops a generic design for intergovernmental transfers and its suitability to the realities of South African municipalities on the ground within the framework of Cooperative Government. This study concludes that fiscal management, as a cross-cutting discipline, is a powerful instrument for government’s revenue sources at the national, provincial and local government levels. Financial management should be regarded as a co-coordinating mechanism managing government’s expenditure and catalyzing sound financial relationship for an efficient management in the country, thus allowing government to budget effectively for the delivery of goods and services in order to attain the constitutional mandate of a developmental state. / South Africa

This study investigated the dual role of the principal as an employee of the Department of Education and as an ex officio member of the governing body. The South African Schools Act distinguishes between professional management and school governance. This distinction may however give rise to conflict between the principal and the governing body, more especially if roles are not clearly explained, known and understood. For the purpose of this qualitative study, a multiple case study was considered to be the most appropriate research design strategy. Interviews, document analysis and observation were used to collect data. Chapter 1 gives a general view of the study while Chapter 2 focuses on the literature review. Chapter 3 deals with data collection and data analysis. Chapter 4 focuses on the synthesis of the findings and presents the recommendations of the study. The findings in Chapter 4 reveal that in many schools there is a power struggle between the principal, teacher and parent governors. It seems as if many of the problems experienced by principals and governors are due to the fact that they cannot distinguish between the concepts of professional management and school governance. Extensive training programmes for schools’ governors will be necessary to improve the quality of governance. / Dissertation (MEd)--University of Pretoria, 2012. / Education Management and Policy Studies / unrestricted

The historic year of 1994 marked the demise of the apartheid government and its replacement with a new era of participative democracy in South Africa. Government in the new South Africa adopted a decentralised structure underpinned by chapter three of the Constitution (1996). Consequently, there are three spheres of government, which are, national, provincial and local levels. These spheres are obliged and mandated to mutually cooperate and support each other through peaceful interactions termed intergovernmental relations (IGR) which are aimed at achieving a cooperative system of government. IGR is institutionalised through forums which cut-across all spheres of government and such structures are established by the Intergovernmental Relations framework Act (No. 13 of 2005). Sustained intergovernmental cooperation can lead to an integrated and coordinated system of government, which can, deliver services effectively while meeting the needs of the citizens and ultimately promoting sustainable socio-economic development in South Africa.The aim of this empirical study was to assess the role played by cooperativegovernment and intergovernmental relations in promoting effective delivery of services in the Amathole District Municipality (ADM). Local government is the ‘grassroots’ government and it is where the actual rendering of services is situated which was reason behind the choice of the study area by the researcher. The study adopted amixed-method research paradigm in which both the quantitative and qualitative research paradigms were triangulated to ensure that the validity and reliability of the research findings is improved. Data in the study was gathered from a representative sample of seventy (70) respondents carefully selected using non-random sampling designs, viz, judgmental and snowball sampling. The study used both primary (questionnaires and interviews) and secondary (documentary analysis) sources of data to achieve the research objectives as validly as possible. Respondents in the study comprised of municipal officials, IGR practitioners, representatives from Community Based Organisations and the residents of ADM. Data analysis was done using the Statistical Package of Social Sciences (SPSS) software and the mains findings of the study were that; ADM has got IGR forums in existence although some of these are dormant and dysfunctional, only three out of the seven local municipalities in ADM are cooperative in IGR, there is general lack of political will on the side of politicians in terms of support of IGR initiatives, political factionism and interferences is crippling IGR and cooperation, the legal framework for IGR needs revision and revamping, there are still communities without access to basic services in ADM, public sector planning cycles are fragmented and need synergisation and IGR is not being monitored and evaluated. The study therefore recommended that; the relevant stakeholders in IGR should be fully dedicated towards cooperation, planning cycles for public entities need to be synergised, the National Planning Commission (NPC) should take an oversight role in the entire planning process, the legislation should be enacted which has a clause for punitive action being taken against those who fail to cooperate in IGR and the national, provincial and local governments should prioritise access to basic services in communities cooperatively.

In 1994, South Africa adopted intergovernmental relations (IGR) to facilitate service delivery. Sections 40-41 of the Constitution of the Republic of South Africa, 1996, link service delivery with normative aspects of IGR, which include cooperation, transparency, accountability, mutual support, and coherence. A coherent implementation of IGR was subsequently emphasised by the Intergovernmental Relations Framework Act 13 of 2005. However, South Africa continues to experience service delivery challenges, especially in marginalised and poor communities in the current and former informal settlements. The selected Diepsloot was established as an informal settlement in 1995 and has been under an in situ upgrade programme. The study’s focus was on the provision of potable water in the City of Johannesburg with specific reference to Diepsloot. A case study approach was used to assess lived experiences among the actors within the intergovernmental context of cooperative government. A qualitative methodology was utilised to source data about intergovernmental interactions among actors from the public institutions by means of semi-structured interviews and documentary analysis. Lastly, a focus group was utilised for members of the ward committees in Diepsloot. The study concluded that IGR system is not used adequately to support Diepsloot to access potable water in accordance with an established standard. In essence, the IGR system lacks an integrated approach to reverse a legacy of informality. To facilitate an IGR improvement, the study’s recommendations were three-fold: (i) provision of integrated support to the City of Johannesburg for Diepsloot despite erroneous assumption that metropolitan municipalities are self-sufficient, (ii) standardisation of potable water provision in Diepsloot by means of integrating IGR institutional responses, and (iii) institutionalisation of IGR engagements with other cities. To this end, the study proposed a model of integrated intergovernmental support to improve potable water provision and, by extension, other related services in Diepsloot. / Public Administration / D.P.L. (Public Administration)

South Africa adopted the democratic decentralisation governance model in 1994 with the aim of improving, inter alia, service delivery. The adoption of this model resulted in the establishment of three spheres of government, namely, national, provincial and local. These three government spheres are distinctive, interdependent, interrelated and autonomous. Power and responsibilities are devolved from the national to the provincial and then to the local government spheres. Cooperative government and intergovernmental relations structures in the three spheres of government were established in order to improve service delivery and to assist in the execution of the devolved powers. However, the results of this study revealed that the structures which had been established were not effective in addressing the housing challenges facing the Bushbuckridge Local Municipality (BLM). The results also revealed that each government sphere executed its housing mandatory responsibilities only when a housing project was launched or implemented in the BLM. During housing project implementation, the BLM was responsible for evaluation, the Mpumalanga Provincial Department of Human Settlements (MPDHS) was responsible for contracting a housing service provider and for payments while the National Department of Human Settlements (NDHS) was responsible for quality of the houses and compliance to national housing standards. In addition, the BLM had an inspection unit and the NDHS was supposed to work closely with the National Home Builders Registration Council (NHBRC). However, the houses provided had defects ranging from cracked walls and floors, leaking roofs, leaking pipes to fading paint. The main role of the NHBRC is to check the quality or adequacy of public houses before they are allocated to the targeted beneficiaries. / Public Administration / D. Admin. (Public Administration)