The security of its citizens is often regarded as the democratic state's primary raison d'etre. However, with increasing crime and perceptions of insecurity among citizens, along with actual and perceived state policing inadequacies, citizens around the world have sought to make alternative arrangements for their security. The explosion of private alternatives to state policing has resulted in the need for the replacement of former static definitions of policing by more fluid understandings of what policing entails. Policing is no longer an activity undertaken exclusively by the 'state police.' Policing needs to be understood within a framework which recognises the existence of a variety of state, commercial, community groups and individuals which exist within loose and sometimes informal, sometimes formal, networks to provide for the security of citizens. Preceding the country's transition to democracy in 1994 'state' policing in South Africa was aimed at monitoring and suppressing the black population and as a result it conducted itself in a largely militaristic way. When the government of national unity assumed power in 1994 it was indisputable that the South African Police had to undergo major reform if it was to play an effective, co-operative and accountable role in a democratic South Africa. While state policing has unquestionably undergone enormous changes since the advent of democracy in 1994, so too has non-state policing. It is widely accepted that the dividing line between state and non-state policing in South Africa is increasingly blurred. Policing, by its very nature, holds the potential to threaten democracy. Consequently it is important that policing is democratically controlled. According to the Law Commission of Canada four values and principles - justice, equality, accountability, and efficiency - should support policing in a democracy. This thesis is a case study of policing in Grahamstown, a small city in South Africa's Eastern Cape province. It will be shown that the policing problem that currently plagues Grahamstown, and by extension South Africa, is not simply the result of a shortage of providers but rather a problem of co-coordinating and monitoring security governance to ensure that the city does not further develop into a society where the wealthy have greater access to security than the poor.

Many theorists have linked dividends with the ability to carry signals regarding a firm’s expected financial performance. Despite being grounded on a sound theoretical framework, empirical evidence has failed to unanimously corroborate the dividend signalling hypothesis, with some authors resignedly concluding that dividends are the puzzle of finance literature. Recent empirical evidence has shown that limiting the dividend signalling hypothesis to earnings has contributed to that puzzle. To try and decipher the puzzle, this study extends the dividend signalling hypothesis to measures of financial performance seldom linked with dividend signalling such as liquidity and gearing. Using panel data regression models and data for 39 firms listed on the JSE from 1995 to 2016, the study reveal that when one controls for the mean reversion and autocorrelation of profitability, dividends lose the power to signal earnings. The results further show that managers in South Africa use dividends to signal expected changes in liquidity and gearing. / Business Management / M. Phil. (Accounting Sciences)

The objective of this thesis is to assess the impact and influence of South Africa's Constitutional Court in the first two years of our democracy. To achieve this objective, some of the definitive and controversial cases already decided by the Court have been selected and analysed in an attempt to glean some jurisprudential perspectives of the Court. It focuses on the work of the Court over the past two years. It deals with the evolution of South Africa into a democracy, and analyzes the South African legal system prior to the beginning of the process of transformation. It briefly surveys the evolution of our constitutional system, dating back from the pre-1910 colonial period and provides a broad outline of the legal system in the post-April 1994 period of transformation. It analyzes the Court from the point of view of, inter alia, its composition, jurisdiction and powers. The Court is also contrasted with courts in other jurisdictions which exercise full judicial review. The Court's emerging jurisprudence is examined. A review is made, inter alia, of the Court's understanding of, and approach to, the questions of the values underpinning the post-apartheid society and its constitutional system, and constitutional interpretation. The right against self-incrimination and South African company law and the two relevant Constitutional Court cases are discussed. The collection of evidence by the State and the constitutionality of provisions relating to search and seizure and the taking of fingerprints are looked into. The Court's approach to statutory presumptions and criminal prosecutions; some aspects of our appeals procedures; an accused's right to be assisted by a lawyer at state expense; the question of a fair trial and access to information; capital punishment; corporal punishment; committal to prison for debt; and the certification of constitutions is analyzed. Two of the cases in which the provinces clashed with the national government on the distribution of posers between provinces and the national government are discussed. The conclusion is that the Court has, overall, hitherto acquitted itself well in the handling of particularly the controversial quasi-political questions that arose in the cases it has decided. / Constitutional, International & Indigenous Law / L.L. D. (Law)

Thesis (MPhil (Political Science))--University of Stellenbosch, 2010. / ENGLISH ABSTRACT: The Namibian transition to independence and the South African transition to a majority democracy have many similarities as well as differences. The key similarities are composed of the shared history and mutual influences on society, the economy and national politics. Key differences constitute the manner in which the transitions were executed: internationally imposed in the Namibian case, and internally negotiated in the South African case. Almost every facet of Namibian and South African societies have in some way or another been imprinted by the respective transitions, which also contributed to the shape of the national consciousness. However, decades of stateenforced racial discrimination in the form of Apartheid legislation left its mark on both the Namibian and South African society. As a result, public and private consciousness is marred with racial and ethnic identities created and legislated during Apartheid, which is hampering democratic consolidation. This study provides a comparison between the South African and Namibian transitions, within the broader context of democratic consolidation. This study contends that reconciliation is a necessary condition for democratic consolidation in South Africa and Namibia, and aims to assess whether there is any significant difference between the impact of the internationally orchestrated Namibian transition as opposed to the internally negotiated South African transition on levels of reconciliation in the two countries. This is done by applying Gibson’s (2004) four criteria of reconciliation (interracial reconciliation, political tolerance, support for the principles of democracy and legitimacy) to the South African and Namibian cases. The hypothesis is that there should be less support for democratic ideals in Namibia than in South Africa, on the basis that democracy was, to a certain degree, forced unto Namibian society, while it was freely chosen by South African society. The main finding of this study, however, suggests that the differences in the transition style - the one being internationally orchestrated and the other being internally negotiated- seems not to have had any significant affect on national reconciliation. It seems as though hostility between different groups based mainly on the superficial racial and ethnic differences that were created during Apartheid has made way for hostility centred more on socio-economic differences. While socio-economic issues have become the overriding concern for both South Africans and Namibians, socio-economic differences between individuals and groups are still largely tied to ethnicity and race. / AFRIKAANSE OPSOMMING: Die onafhanklikheidswording en die oorgang na ‘n meerderheidsdemokrasie van onderskeidelik Namibië en Suid-Afrika word gekenmerk deur ‘n aantal ooreenkomste asook verskille. Die sleutel ooreenkomste behels die gedeelde geskiedkundige agtergrond, die invloede van die ekonomie en nasionalie politiek klimaat en die gevolglike uitwerking van hierdie faktore op die samelewing. In kontras behels die verskille die wyse waarop die oorgang uitgevoer is. In die Suid-Afrikaanse konteks is die proses deur interne onderhandelinge bewerkstellig terwyl die Namibiese oorgang sterk beinvloed is deur eksterne invloede. Ongeag hierdie verskille het die verwikkelinge ‘n hewige impak gehad op beide die Suid- Afrikaanse, asook die Namibiese publiek en hul kollektiewe bewussyn. Die invloed van jare se rasdiskriminasie in die vorm van apartheidswetgewing het egter sy tol op die publiek geëis. Die gevolg is die merkbare invloed van ras en etniese identiteite op albei lande se bevolkings wat oor die langtermyn demokratiese konsolidasie kan teenwerk. Hierdie studie tref ‘n vergelyking tussen Suid-Afrika an Namibië binne die breër konteks van demokratiese konsolidasie. Die studie veronderstel dat versoening ‘n noodsaaklike vereiste is vir demokratiese konsolidasie in Suid-Afrika en Namibië, en poog ook om die invloed van die intern-gedrewe Suid-Afrikaanse transisie teenoor die ekstern-georkestreerde Namibiese transisie te assesseer. Dit word gedoen deur die toepassing van Gibson (2004) se vier-voudige konsep van versoening (inter-ras versoening, politieke verdraagsaamheid, ondersteuning vir die beginsels van demokrasie en legitimiteit) op beide lande. Die hipotese word as volg geformuleer: Die Namibiese bevolking toon ‘n negatiewe ingesteldheid teenoor demokratiese beginsels aangesien demokrasie as regeerstelsel op die bevolking afgedwing is, in kontras met Suid-Afrika waar demokrasie as regeerstelsel deur ‘n meerderheidstemming verkies is. Die hoofbevinding van hierdie werkstuk is egter dat die verskille in die aard van die oorgang na demokrasie in beide lande nie ‘n noemenswardige invloed gehad het op nasionale versoening nie. Dit blyk egter dat konflik tussen sekere bevolkingsgroepe wat hoofsaaklik spruit uit die etniese en ras identiteite, soos geformuleer deur die apartheidswetgewing, huidiglik gesentreer is rondom sosio-ekonomiese verskille. Gevolglik word dit gemeld dat hierdie sosio-ekonomiese verskille direk verband hou met ras en etnisiteit. i

Text in English, with summaries in English, Xhosa and Zulu / This research was directed towards investigating if the metropolitan police mandate, as it is collectively perceived by senior metropolitan police officials in Gauteng, is constructive and aligned to the notion of a democratic South Africa. Qualitative data was collected from all metropolitan police departments in Gauteng through an extensive series of semi structured interviews. By adopting a phenomenographic research approach, collected data was transcribed, analysed and hierarchically arranged into a variety of qualitatively different but intrinsically related categories of description. From these categories of description, multiple collective understandings relating to democracy in South Africa, democratic policing and the metropolitan police role emerged. Further analysis revealed that the senior metropolitan police managers collectively fosters a significantly limited understanding of democracy, predominantly based on rudimentary and general democratic principles and values. The collective understanding participants held in relation to democratic policing was also significantly rudimentary and limited, as it principally revolved around the notion of police accountability. Again, the absence of an explicit relationship between participants and South Africa’s democracy was notable. Sequentially, it emerged that participants predominantly do not understand or perceive the metropolitan police department or its mandate as is appropriate within the framework of South Africa’s constitutional democracy. The democratic features of a preventative and proactive focus, objective professionalism and individual and situational responsiveness are thus remarkably absent from these departments. Subsequently, the metropolitan police mandate, as it is collectively perceived by senior metropolitan police officials in the Gauteng Province, is neither appropriate nor constructive to a democratic South Africa. / Olu phando lwalujoliswe ekuphandeni ukuba ingaba igunya lamapolisa esixeko, njengoko libonwa njalo ngawo wonke amagosa aphezulu obupolisa besixeko eGauteng, liyakha kwaye lingqamene na nombono woMzantsi Afrika wedemokhrasi. Kwaqokelelwa iinkcukacha zolwazi lomgangatho kuwo wonke amasebe amapolisa esixeko eGauteng, oko kusenziwa ngothotho lodliwano ndlebe olunzulu nolungaqingqwanga ncam. Kwasetyenziswa indlela yophando ejonga iimeko ngobunjalo bazo, iinkcukacha zolwazi ezaqokelelwayo zahlalutywa zacwangciswa ngokwamanqwanqwa olandelelwano, zangamaqela enkcazelo aneempawu ezingafaniyo nangona zizalana. Ukususela kula maqela enkcazelo kwaqondakala iqela lezimvo eziphathelene nedemokhrasi eMzantsi Afrika, ukugcina umthetho ngokwedemokhrasi kwaze kwavela indima yamapolisa esixeko. Uhlalutyo lwaqhuba lwavelisa ukuba abaphathi bamapolisa esixeko ewonke abonakalisa ukungayiqondi kakuhle idemokhrasi, ikakhulu asekeleze iinqobo ezingacolekanga zedemokhrasi. Uluvo lwabo bonke abathathi nxaxheba xa luthelekiswa nokugcina umthetho ngokwedemokhrasi lwafumaniseka ukuba nalo alucolekanga ngaye lulwazana oluncinci, kuba lwalungqonge ingcinga yokuba amapolisa amele izenzo zawo. Ngaphezu koko, kwaqapheleka ukungabikho kobudlelwane phakathi kwabathathi nxaxheba nedemokhrasi yoMzantsi Afrika. Okulandelayo yaba kukuqaphela ukuba abathathi nxaxheba abaliqondi iSebe okanye igunya lamapolisa esixeko njengoko libekiwe kwisakhelo sedemokhrasi yoMgaqo Siseko yoMzantsi Afrika. Azikho kwaphela kula maSebe iimpawu zedemokhrasi zokuthintela nokulungiselela kungekaqhambuki bubi, ukusebenza kakuhle nokuvelela izinto macala onke kwanokukwazi ukusabela kwimeko ethile. Ngoko ke, igunya lamapolisa esixeko, njengoko libonwa njalo ngawo wonke amagosa aphezulu amapolisa esixeko kwiPhondo iGauteng, alifanelekanga kwaye aliwakhi uMzantsi Afrika wedemokhrasi. / Lolu cwaningo lwaluqondiswe ekuhloleni ukuthi isijubo samaphoyisa edolobhakazi, ngendlela esibonwa ngayo yizikhulu zasemaphoyiseni edolobhakazi eGauteng singesakhayo na nokuthi siyahambisana yini nombono weNingizimu Afrika yentando yeningi. Imininingwane yocwaningo emayelana namaqiniso yaqoqwa kuyo yonke iminyango yamaphoyisa edolobhakazi eGauteng ngokusebenzisa uchungechunge olubanzi lwezingxoxo ezihleliwe. Ngokulandela indlela yocwaningo ebheka ukuthi abantu bacabangani noma bayithola injani into ethile, imininingwane eqoqiwe yashicilelwa yaba ngumbhalo, yahlaziywa yabe seyihlelwa ngokulandelana kokukhula kwayo yaba yizinhlobonhlobo zemikhakha yencazelo engamazingahle ahlukahlukene kodwa futhi zibe zihlobene ngokwemvelo. Kule mikhakha yencazelo, kuvele ukuqonda okwahlukene kaningi eqoqweni elilodwa ngokufanayo maqondana nentando yeningi eNingizimu Afrika, ukuqapha okuhambisana nentando yeningi kanye nendima edlalwa ngamaphoyisa edolobhakazi. Olunye uhlaziyo luveze ukuthi izikhulu zasemaphoyiseni edolobhakazi, ngokuhlanganyela, zinokuqonda okunomkhawulo maqondana nentando yeningi, ikakhulukazi kokuphathelene nemigomo nezimiso ezejwayelekile zentando yeningi. Ukuqonda kweqoqo lababambiqhaza ngokuhlanganyela maqondana nokuqapha okuhambisana nentando yeningi nakho kwaba ngokwejwayeleke kakhulu futhi kwaba nomkhawulo, njengoba kwakugxile kakhulu embonweni wokuziphedulela kwamaphoyisa. Kanti okunye, ukungabi khona kobudlelwano obucacile phakathi kwababambiqhaza kanye nentando yeningi yeNingizimu Afrika nakho kwabonakala. Okwalandela lapho kwaba ngukuthi ababambiqhaza abaningi abaqondi kahle kumbe babona umnyango wamaphoyisa edolobhakazi noma isijubo sawo njengefanelekile ngokohlaka lwentando yeningi yeNingizimu Afrika elandela umthethosisekelo. Ngakho-ke, izinto ezihambisana nentando yeningi maqondana nokugxila ekuvimbeleni nasekwenzeni izinto ngaphandle kokutshelwa, ukuqeqesheka kahle ngokubheka wonke amacala kanye nokubhekana nezinto eziqondene nomuntu ngamunye noma nezimo, azitholakali kule minyango. Ngenxa yalokho, isijubo samaphoyisa edolobhakazi, ngendlela esibonwa ngayo yizikhulu zasemaphoyiseni edolobhakazi esifundazweni saseGauteng, singesingafanelekile nesingakhi eNingizimu Afrika yentando yeningi. / Police Practice / D. Lit. et Phil. (Police Science)

The objective of this thesis is to assess the impact and influence of South Africa's Constitutional Court in the first two years of our democracy. To achieve this objective, some of the definitive and controversial cases already decided by the Court have been selected and analysed in an attempt to glean some jurisprudential perspectives of the Court. It focuses on the work of the Court over the past two years. It deals with the evolution of South Africa into a democracy, and analyzes the South African legal system prior to the beginning of the process of transformation. It briefly surveys the evolution of our constitutional system, dating back from the pre-1910 colonial period and provides a broad outline of the legal system in the post-April 1994 period of transformation. It analyzes the Court from the point of view of, inter alia, its composition, jurisdiction and powers. The Court is also contrasted with courts in other jurisdictions which exercise full judicial review. The Court's emerging jurisprudence is examined. A review is made, inter alia, of the Court's understanding of, and approach to, the questions of the values underpinning the post-apartheid society and its constitutional system, and constitutional interpretation. The right against self-incrimination and South African company law and the two relevant Constitutional Court cases are discussed. The collection of evidence by the State and the constitutionality of provisions relating to search and seizure and the taking of fingerprints are looked into. The Court's approach to statutory presumptions and criminal prosecutions; some aspects of our appeals procedures; an accused's right to be assisted by a lawyer at state expense; the question of a fair trial and access to information; capital punishment; corporal punishment; committal to prison for debt; and the certification of constitutions is analyzed. Two of the cases in which the provinces clashed with the national government on the distribution of posers between provinces and the national government are discussed. The conclusion is that the Court has, overall, hitherto acquitted itself well in the handling of particularly the controversial quasi-political questions that arose in the cases it has decided. / Constitutional, International and Indigenous Law / L.L. D. (Law)

In the interplay between protection of rights and majoritarianism, the court is the arena. This research focuses on the conflicting role of the court within a constitutional democracy and a contestation of the counter-majoritarian dilemma that emerges from such a role. The counter-majoritarian dilemma centres on the idea that judges overturning decisions of the legislature through judicial review undermines democracy by thwarting the will of the majority through a subjective reading of abstract constitutional principles. As a point of departure, the counter-majoritarian dilemma is contested by revealing that the court can be seen as a democratically consistent institution if democracy can be reconceptualised. The examination of the South African jurisprudential climate and the adjudicative guidelines followed by the court suggests a rejection of such anti-democratic contention. The court upholds the commitments consented to at the time of the Constitution’s adoption and adjudication is reflective of the values undertaken by the country in reaction to its past. Within these values, minority rights can find a lifeline. Thus minority rights can exist through the implications of majoritarian consent. This research further identifies, in response to the counter-majoritarian dilemma, a constraining self-consciousness on the part of the court and an acute awareness of the court’s precarious role within a democratic infancy. The core of the counter-majoritarian dilemma is the view that interpretative indeterminacy of the Constitution means that the will of the people could be substituted for judicial preference. Through the examination of the court’s interpretative strategies and judicial subjectivity, this research suggests that within judicial subjectivity, adjudication continues to be reflective of the will of the people. Far from a constraining and mechanistic interpretation to avoid judicial subjectivity, the research reveals that open and non-formalist interpretative strategies are necessary to effectuate democratic conciliation within the judicial mandate. The results of this research suggest that, far from being a democratically deviant institution, the court in the current South African jurisprudential context, is the most suited to uphold the concept of democracy. / Jurisprudence / LL. M.

In South Africa, the right to protest is under constant threat as a result of the state response. Increasing cases of forceful policing and sometimes unlawful procedural prohibitions of protest attest to this. This study aims to firstly describe this situation through securitisation theory, essentially arguing that South Africa has become a securitised state. It also aims to understand how this is sustained by the state and why the state needs to use a securitised response to maintain power. Interviews were conducted with members of different communities and organisations. Their responses helped to illustrate the frustration of the right to protest or brutal policing during a protest. This provided primary evidence to support the claims of the study. The research shows that claims to protest are being delegitimised under the guise of security as protestors are being constructed as threats to the state. This is further substantiated by looking at how the reorganisation and remililtarisation of the South African Police perpetuates the criminalisation of protestors which necessitates a forceful response from the state. Furthermore, it shows that there is a distinct relationship between the prohibition of protest and the recent increase in ‘violent’ protests which legitimate forceful policing thereby creating a state sustained cycle of violence. The larger implication of this treatment is that these protestors are treated as non- citizens who are definitively excluded from participating in governance. In understanding why this is taking place, it is clear that a securtitised response is an attempt to maintain power by dispelling any threats to power, a response which is seen to have a long history in the African National Congress (ANC) when examining the politics of the ANC during exile. Maintaining power in this way distracts from the larger agenda of the state, which this thesis argues, is to mask the unraveling of the ANC’s hegemony and inability to maintain national unity. In other words, the increasing dissatisfaction of some of the citizenry which has manifested through protest greatly undermines the legitimacy of the government to provide for its people.

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 dawn of democracy in South Africa ushered an increasing need for government to interact with the citizens. This study assesses the use of the state of the province address (SOPA) as a communication platform to keep the citizens abreast of the government programmes and deliverables in Limpopo province, South Africa. SOPA is broadcasted mainly from the legislature whilst the communities can view the proceedings in identified public viewing areas. Since SOPA’s inception, there is limited academic studies conducted on the effectiveness of SOPA in general and public viewing areas in particular. To fill this paucity of research, this study reviewed the government communication strategy with specific reference to government communication and information systems (GCIS) which emphasises on the need for government to interact with stakeholders at all levels. Using communication effectiveness and stakeholder theories (also called Izimbizo), this study evaluated the planning process of SOPA and citizens’ views on the effectiveness of the public viewing areas. In-depth interviews and survey were conducted with campaign planners and Mokwakwaila citizens respectively. Data was analysed using thematic analysis for interviews and descriptive statistics for survey. This study found that the internal planning process of the campaign (SOPA) is accordingly linked to the strategic objectives of the province, but inadequate funding hinders the longevity of the campaign. It is also this study’s finding that whilst citizens found SOPA to be effective they however feel that government does not do enough to source feedback after the campaign. This study recommends that there could be an exploration of the new media utility to produce more awareness about the campaign in order to accommodate audience that do not use radio and newspapers. The implications on campaign planners is that they should conduct feedback to improve public participation in future government programmes / Communication Science / M.A. (Communication)