Faculty of Humanities School of Humanities and Social Sciences 0200487m peter.mcinnes@health.gov.za / This dissertation looks at the attitudes, actions and opinions towards law, rights and political mobilisation, and in particular South Africa’s Bill of Rights, of a small band of activists associated with the Soweto Electricity Crisis Committee (SECC). It provides a snapshot of attitudes towards the Bill of Rights prevalent at the birth of a small organisation, which since 2000 has been active and at times successful in guaranteeing affordable electricity in South Africa’s largest township - Soweto. The SECC emerged as a real force in Johannesburg’s political life in the first half of 2001 as a result of the disconnection of up to 20,000 households per month by the state owned electricity utility, ESKOM. In response to these cut-offs Sowetans required urgent and appropriate forms of political action that would both provide immediate relief in terms of reconnecting disconnected households to the grid, wiping off unpayable electricity account arrears and, over the longer term, mitigating or transforming the policies that led to the cut-offs. This study explores to what extent the Bill of Rights enhanced grass roots political mobilisation. The study describes the potential mechanism through which rights discourse promotes community mobilization and provide some preliminary comments on the appropriateness of legal mobilization for political ends. This focus on electricity enabled understanding of how a community based organisation strategised social mobilisation when a particular demand, in this case an essential service - electricity - is not explicitly included in the South African Bill of Rights. Specifically it allowed the study of strategies adopted to prosecute similar demands surrounding access to water, which was explicitly included in the Constitution. In this case the SECC strategy was to deliberately obscure the boundaries between the two services. Rights talk was adopted by the SECC to serve political ends. The need of Sowetans for reliable, consistent and affordable supplies of electricity was transformed and demanded as of right by the SECC. Such a characterisation had obvious advantages to the SECC activists trying to build a movement that could challenge Eskom’s and the municipal government’s credit control policies. Rights talk provided a catalyst to engage interest in the campaign. On attracting an audience by ‘rights talk’ the allegation that service disconnection denied ‘fundamental human rights’ tapped into already existing feelings of hurt and humiliation. Rights talk legitimated peoples private feelings of pain and humiliation. The evolving sense of outrage as a result of this denial was then directed (hopefully) towards involvement in protests and meetings. The themes present in the writings of critical legal theorists on rights are explored. This study found that the key tenets of critical legal theory’s critique of rights such as the malleability and indeterminacy of legal discourse to suit your own ends; the tilt within the legal system to already powerful interests within South African society; and the risks of constitutional litigation to the democratic character of the struggle were all present in the minds of activists. Yet ultimately legal strategies were of ongoing interest to SECC activists because of the undeniable potential leverage they provided to promote social mobilisation and allow for real changes in harmful government policies through the assistance of the courts. These potential uses outweighed the identified attendant risks of a constitutional litigation strategy. This study concludes that rights can form an important component of the progressive activists arsenal of weapons against liberal capitalism. This is both understandable in a short-term strategic sense (as implied above in the SECC’s use of rights) as well as a more complex longer-term project of building a better society.

Philosophiae Doctor - PhD / Informal sector operators in many cities of the global South face extensive harassment, criminalization and restricted access to public spaces despite the important role the sector is playing in urban development. Using Lefebvre’s theory of right to the city the study aimed to investigate how the city of Masvingo has embraced urban informality. The study also examined how informal sector operators in the city of Masvingo have been accessing –urban space and creating opportunities for the informal sector to access such space. The study also examined how the provision of essential services in the city has been extended to the people in the informal sector as a way of granting them their right to urban social and infrastructural services. The research took a survey design where a cross section of Masvingo city, including the city centre, residential areas and industrial areas, was sampled for the study. Methodologically the research used a mixed method approach to data collection and analysis, where both qualitative and quantitative methods were used. A questionnaire survey constituted the quantitative component of the study and it was administered to the informal sector operators, In-depth interviews and field observations were at the core of the qualitative methods that were used in the research. In-depth interviews were done with key informants in the city and these included officials in the city council, government ministries, and leaders of informal sector associations and civic groups in the city. Field observations were done in areas where the informal activities were carried out to assess the provision of services and the environment in which informal activities were operating. Data collected through interviews and field observations was analysed qualitatively and the SPSS was used for quantitative data analysis. The research found that informal operators in the city of Masvingo are being disenfranchised of their right to the city in various ways. They are not afforded the right to express their lives in the city centre as the city authorities are determined to flush out all informal structures and activities from the city centre in line with their modern city goals. The planning system in the city does not recognise informal activities as approved land user in the city centre and they do not plan for them in new spatial development projects. However, informal activities continue to occupy contested spaces, where they are in direct contravention of existing regulatory framework and this has been used to marginalise them and deny them of their right to the city. Right to the city calls for all urban residents to have access to the city centre and that access to city space should be based on use values rather than exchange values (Lefebvre 1996). Also, informal sector operators based at various sites in the city are generally denied access to essential services such as waste collection, provision of water and sewer services. / 2020-08-31

In South Africa teachers are currently allowed to strike. This leads to numerous problems, as learners are left without an educator and their Constitutional right to basic education is infringed upon. This has an impact on university acceptance and impairs the socio-economic growth in the country, especially when taking into account the history of prejudice as regards education in South Africa. This dissertation considers whether or not education should be declared as an essential service in terms of the Labour Relations Act 66 of 1995, as sectors declared as such are not awarded the right to strike. In order to determine whether education should be designated as an essential service, the right to strike and the right to education as enshrined in the Bill of Rights in the Constitution of the Republic of South Africa, 1996, have to be balanced or weighed up against each other. By declaring education as an essential service it will ensure that the latter right is more adequately realised, in turn having a positive impact on the development of South Africa. In declaring education an essential service, educators will not be left without remedy as other remedies (which do not impair the rights of learners) do indeed exist and will be available to said educators in accordance with relevant legislation and provisions. / LLM (Labour Law), North-West University, Potchefstroom Campus, 2015

In South Africa teachers are currently allowed to strike. This leads to numerous problems, as learners are left without an educator and their Constitutional right to basic education is infringed upon. This has an impact on university acceptance and impairs the socio-economic growth in the country, especially when taking into account the history of prejudice as regards education in South Africa. This dissertation considers whether or not education should be declared as an essential service in terms of the Labour Relations Act 66 of 1995, as sectors declared as such are not awarded the right to strike. In order to determine whether education should be designated as an essential service, the right to strike and the right to education as enshrined in the Bill of Rights in the Constitution of the Republic of South Africa, 1996, have to be balanced or weighed up against each other. By declaring education as an essential service it will ensure that the latter right is more adequately realised, in turn having a positive impact on the development of South Africa. In declaring education an essential service, educators will not be left without remedy as other remedies (which do not impair the rights of learners) do indeed exist and will be available to said educators in accordance with relevant legislation and provisions. / LLM (Labour Law), North-West University, Potchefstroom Campus, 2015

Thesis (MPA) --University of Limpopo, 2012 / his article measures the expectations of citizens against local government‟s legislative mandate to deliver services to citizens within the context of the Molemole and Blouberg Municipalities in Limpopo. In doing so, it aims to contribute the discourse on governance from the perspective of the governed. The qualitative study utilized purposive sampling and collected data using unstructured questionnaires; individual and focus group interviews, observation and participatory tools. The key findings are that citizens in the study area are in dire need of the following services: water, electricity, sanitation and sewerage, road maintenance services, housing, refuse removal and health services in that order; and that citizens were unclear about the functions of national, provincial and local government in relation to housing, health and other services. They felt that a local municipality has the responsibility to tar and maintain roads within its jurisdiction, including district roads and even to provide housing and health services. They also felt that, while local government is touted as the sphere that brings government closer to the people, it has not been accorded the necessary powers and functions to provide basic services to communities at a satisfactory level. As a result, since the dawn of democracy in South Africa, communities have lost faith in the ability of local municipalities to improve their welfare. Key words: service delivery, governance, municipalities, essential services

Magister Artium (Development Studies) - MA(DVS) / Civil registration has not been recognised as a matter of concern or public interest in South Africa. It has not been part of discussion in platforms concerned with children’s rights including the government. Consequently, led to failure in understanding the implications it has on children’s lives, in realising their rights and having access to other significant and essential services (Brito, Corbacho & Osorio, 2013). Birth registration proves to be a global problem and a concern for children. Thus many countries have made it a priority and a matter of urgency as indicated in the Sustainable Development Goals for 2030. The objective is for every child to be registered before the year 2030 to ensure that all children are accounted for and prevent invisibility and them having no access to their rightful services.

Masters in Public Administration - MPA / Rwandan local government system is currently making an important turning point with the introduction of democratic decentralisation. This study was carried out in order to find out the prospects and challenges of democratic decentralisation in Rwandan context. From Rwanda's independence in 1962 up to the 1999 administrative reforms, local governments, namely communes, have largely failed in their mission of being basic development units. Democratic decentralisation was then introduced to bridge gaps and correct weaknesses that undemined local governance in the past. There are some challenges like generalised poverty in the country, the nonparticipation, and dependence syndrome among citizens that need to be overcome. However, there are also opportunities that ought to be taken advantage if democratic decentralisation is to really take root in Rwanda. The main opportunity is commitment to to democracy and decentralisation by all stakeholders, the national leadership, local authorities and citizens in general. However, democratic decentralisation cannot be attained quickly. It is achieved gradually depending on citizens' understanding and to the availability of the resources. authorities and citizens in general

Critical infrastructures are vital services, and attacks on such systems affect people's social and economic well-being. Therefore, operators of such services must have appropriate measures in place to handle IT-related incidents. However, reports show that organisations classified as Operators of Essential Services (OES) do not have appropriate measures to handle IT-related incidents. A case study approach is used in this study to test the usability and the applicability of Wahlgren's Escalation Maturity Model level within various public sector organisations in Sweden regarding their escalation and communication of IT-related incidents. A follow-up semi-structured interview is also conducted with employees at the technical level to determine if the current organisation's maturity level shortcomings are known across different organisational levels. The tool's maturity level scaling attributes are difficult to understand because all organisations in this study achieve the same level of maturity, even though there is a wide range of performance regarding the number of questions answered in the affirmative. The data output generated from the testing of the model can assist organisations in improving their incident escalation activities. However, the lack of precision of the model makes it challenging to apply in the public sector. The results reveal that all the five organisations obtained an escalation maturity level of zero (0), non-existent, regarding escalation of IT-related incidents. As a result, with the current model, the participating organisations will have a difficult task complying with the NIS Directive's security and notification requirements.

Made available in DSpace on 2016-04-26T20:25:56Z (GMT). No. of bitstreams: 1 Marta Casadei Momezzo.pdf: 2419243 bytes, checksum: 44a89808a440292455907c2f4de2b59b (MD5) Previous issue date: 2007-10-03 / The aim of this paper is to demonstrate that strikes should only be called as ultima ratio, after negotiation attempts have completely failed. Striking has reached the status of a right and, as such, it is not an absolute right. When a strike breaks out involving the essential services, workers private interests conflict with the interests of society, which is extraneous to the conflict and deeply affected by it. In these cases, there is the obligation to assure the minimum services as a means of harmonizing the conflicting interests; otherwise, there is a risk the fundamental right to strike will be weakened. The determination of these minimum services by the Judiciary almost always conflicts with the strikers interests and it does not meet society s interests. Therefore, the best way is to establish procedures for the essential services strike by means of collective bargaining involving not only the participation of labor unions, but also the Ministério Público, representatives of the Government and the users of these services. Collective bargaining constitutes a prime instrument for the appeasement of labor conflicts and, for it to be effectively carried out, an environment of complete union freedom is required. The Constitutional Amendment no. 45/04 has brought great advancement in collective bargaining in our country for it conditioned the exercise of normative competence to common consent and authorized the action of collective bargaining in essential services striking by the Ministério Público do Trabalho in order to defend public interest solely. Besides that, with the existing instruments, it is already possible to enhance collective bargaining on condition that there is a change in the profile of citizens performance / O objetivo do presente trabalho é demonstrar que a greve somente deve ser utilizada como ultima ratio, depois de efetivamente frustradas as tentativas de negociação. A greve chegou ao patamar de direito e, como tal, não é absoluto. Quando deflagrada em serviços essenciais, os interesses particulares dos trabalhadores entram em conflito com os interesses gerais da sociedade, alheia ao conflito e tão afetada por ele. Nesses serviços, há a obrigação de prestação dos serviços mínimos como forma de harmonizar os interesses em conflito, sob pena de desgaste do direito fundamental de greve. A determinação pelo Poder Judiciário dos serviços mínimos quase sempre conflita com os interesses dos grevistas e não atende aos interesses da sociedade. Daí, o melhor caminho é a procedimentalização da greve em serviços essenciais pela negociação coletiva, envolvendo a participação não apenas dos sindicatos, mas também do Ministério Público, representantes do Governo e dos usuários dos serviços. A negociação coletiva constitui instrumento primordial para pacificação dos conflitos trabalhistas e, para ser efetivamente praticada, exige um ambiente de plena liberdade sindical. A Emenda Constitucional n. 45/04 trouxe um grande avanço para a negociação coletiva em nosso país, pois condicionou o exercício da competência normativa ao comum acordo e autorizou a ação de dissídio coletivo pelo Ministério Público do Trabalho nas greves em serviços essenciais para a defesa apenas do interesse público. Fora isso, já é possível, com os instrumentos existentes, incrementar a negociação coletiva, bastando apenas uma mudança no perfil de atuação dos atores sociais

In the first section of the dissertation, strike law in the Netherlands is focused upon. The following issues are inter alia dealt with: the historical background of the strike phenomenon, the right to strike and restrictions on this right, the reluctance of the Dutch legislature to legislate in the field of industrial action, and the directly applicable provisions of the European Social Charter. The second section of the dissertation deals with South African strike law and also starts off with a discussion of the historical background thereof, whereafter the provisions of the 1995 Labour Relations Act are analysed and discussed. The third and last section highlights some of the major differences and points to some similarities between the two legal systems. It concludes that the detailed South African labour legislation does not provide more certainty than the Dutch judge-made law in respect of the law relating to strikes. / Law / LL.M.