M.Com. (Economics) / The primary purpose of this study is a theoretical analysis of the allocation of the primary functions of the authority, with specific reference to the distribution function in a system of fiscal federalism in South Africa. An effort is made to find an answer to the question: On what level of government should the various functions of authorities and, in particular, the distribution function, be executed? South Africa is on the threshold of a new democratic system with an interim constitutional dispensation and for this reason, existing views concerning the distribution function in South Africa were also briefly investigated. The method of research comprised a literature study. In chapter two the rationale for government functions I in other words, the allocation, distribution and stabilisation functions, are theoretically analysed. The analysis also defines the nature of collective goods and services. This definition is essential because it has to serve as a point of departure in the discussion of the spatial dimension of government functions. Since the distribution function represents the central theme of the study, this function is discussed in more detail than other functions. It appears that there are different approaches to the distribution function and that it can be implemented in numerous ways. The approaches can be classified into two theories: Firstly, there is the theory which advocates equity in the execution of the distribution function. This view requires the centralisation of authority in a system of fiscal federalism. The second theory is in favour of the promotion of decentralisation of authority on the basis of economic efficiency. In chapter three the spatial aspects of government functions are concentrated upon more specifically. The spatial aspects of the allocation function indicate that economic efficiency is promoted by effective decentralisation so that autonomous sub-authorities can accept responsibility for the provision of collective goods and services with limited geographical advantage. According to this, the national government will only be responsible for services which have a national tenor, such as defence and foreign affairs. An analysis of the stabilisation function indicates that subnational authorities cannot apply stabilisation management in an effective manner. There is considerably less consensus about the allocation of the distribution function. Various reasons exist as to why the distribution function should be vested in the central authority. The possible mobility of individuals, the necessity for the establishment of minimum standards of service and the desirability of central control over fiscal resources are the primary motivation for the execution of the distribution function to be vested in the central authority.

This study sets out to examine whether the "new'' provincial governments in South Africa are in practice functioning as "quasi-federal" power bases. The study starts with an appraisal of the core constitutional concepts critical to provincial government as a prelude to the enquiry into the practical status of the provincial governments. An enquiry is made into the application of certain provisions of the interim Constitution pertaining to provincial government. Thereafter certain provisions of the final Constitution pertaining to provincial government are compared with the corresponding provisions of the interim Constitution. The issue of provincial powers in practice and the problems experienced by provincial governments are also dealt with. The study concludes that provincial governments are currently not functioning as "quasi-federal" power bases and that it is even doubtful whether that situation will present itself in the foreseeable future. / Law / LL. M.

The ending of apartheid and the transformation process in South Africa, the transition to democracy brought with them fundamental changes to the form and function of the State. In particular, they bring a restructuring of co-operative governance and intergovernmental relations. The responsibilities, functions and powers of the three spheres of government (national, provincial and local) were changed and streamlined as stated in the Constitution of the Republic of South Africa Act, 108 of 1996. The system of intergovernmental relations delineated in the Constitution differs significantly from that of the previous dispensation, particularly in its ambitions to advance democracy and to improve service delivery to all South Africans. Of particular significance is the respect in the fact that instead of the inherently conflicting intergovernmental relations that characterises most modern states, the Constitution actively promotes co-operation between different levels of government. The Intergovernmental Relations Framework Act, 13 of 2005 was promulgated on 15 August 2005. The Act provides for an institutional framework for the three spheres of government to facilitate coherent government, effective provision of services, monitoring the implementation of policy and legislation, and realisation of developmental goals of government as a whole. All spheres of government must provide effective, efficient, transparent, accountable and coherent government in order to ensure the progressive realisation of constitutional rights. One of the most pervasive challenges facing the country as a developmental state is the need for government to redress poverty, underdevelopment, marginalisation of people and communities and other legacies of apartheid and discrimination. This challenge can only be addressed through a concerted effort by government in all spheres to work together and integrate as far as possible their actions in the provision of service, alleviation of poverty and development of the communities. Co-operation and integration of actions in government depends on a stable and effective system of intergovernmental relations, one in which each of the spheres respect the relative autonomy of the other whilst appreciating the interrelatedness and interdependence of the three spheres. The study elaborated on the research as well as the research problem. In so doing, it further looked at the historical overview of the transition to a democratic South Africa which brought a significant change in the reconfiguration of the state. The studies further deals with a critique of co-operative governance and intergovernmental relations in the Eastern Cape and discuss the perspective on service delivery. In order to critically evaluate the notion of co-operative governance and intergovernmental relations in South Africa with specific reference to Eastern Cape, the study recommended that intergovernmental planning and budgeting, management of change, support and capacity building, communication and stakeholder engagement and institutional arrangement interventions be embarked upon. / Thesis (MBA)-University of KwaZulu-Natal, Durban, 2012.

This study sets out to examine whether the "new'' provincial governments in South Africa are in practice functioning as "quasi-federal" power bases. The study starts with an appraisal of the core constitutional concepts critical to provincial government as a prelude to the enquiry into the practical status of the provincial governments. An enquiry is made into the application of certain provisions of the interim Constitution pertaining to provincial government. Thereafter certain provisions of the final Constitution pertaining to provincial government are compared with the corresponding provisions of the interim Constitution. The issue of provincial powers in practice and the problems experienced by provincial governments are also dealt with. The study concludes that provincial governments are currently not functioning as "quasi-federal" power bases and that it is even doubtful whether that situation will present itself in the foreseeable future. / Law / LL. M.

Access to loans and credit facilities has been, and still is, a major problem for a large portion of the South African society. The problem is particularly significant in the disadvantaged and rural areas where the majority of people do not have access to formal banking services. Against this background the government further exacerbated the problem by prescribing legislation, which is thought to protect borrowers from perceived usurious rates. This particular law in contention is the Usury Act (No.73 of 1968). The Act imposes interest rate ceilings on loan finance provided by money lending institutions. The objective of this study was to examine the impact that interest rate ceilings will have on the micro lending market. This was done through looking at a case study based on information obtained from a micro lender. Firstly the study undertook the financial impact analysis on a micro lending business to determine the effect of a change in the maximum interest rate that could be charged by the micro lenders. This process was conducted to help understand the costs, revenues and profits of a micro lending business. The data, which were based on the micro lender’s financial statements, were analysed and evaluated on the basis that the statements reflect the financial position of the micro lender charging an interest rate not exceeding 30 per cent. Calculations were then made to reflect their financial position in the event of them being allowed to charge a maximum rate of 20 per cent, 12.08 per cent and 10 per cent per month. The results showed that micro lenders could make a profit when charging rates of between 30 and 20 per cent. However when the interest rate is reduced to 10 per cent the micro lender start to lose. The bottom line for micro lenders is greatly influenced by their turnover, as large portions of their costs are fixed. Therefore one micro lender might earn economic profits at 12.08 per cent per month, while another might just break-even. Simple and multiple regression techniques were used to analyse the data pertinent to the study. The analyses were performed to show the impact, which ceilings on the interest rate have on the market structure, company size and on the characteristics of loan services. The results were evaluated according to their significance. The findings showed that interest rate ceilings can have positive significant effect on risk and the market structure. Based on the findings of both methods applied to this study, it is evident that the interest rate ceilings could act as a constraint to the provision of credit to low-income earners and operators of small and micro enterprises. The micro lenders offer small amounts of credit to a large number of people, therefore interest rate ceilings may not only ration consumers out of the legal market, but also drive smaller lenders from the market and thus diminish competition. / Dissertation (MSc (Agricultural Economics))--University of Pretoria, 2007. / Agricultural Economics, Extension and Rural Development / unrestricted

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)

This short dissertation deals with separation of powers and federalism in African constitutionalism through the South African case. It investigates the extent to which the new South Africa complies with these two principles. The separation of powers in the new South Africa gives rise to a sui generis parliamentary regime, which is borrowing both from the Westminster model and the presidential one. On the other hand, the principle of federalism has been taken into consideration seriously, but South Africa has not become a fully-fledged federation. The result is a well-matched marriage between semi-parliamentarism and quasifederalism, which is the South African contribution to constitutionalism and democracy required by the African Renaissance. The dissertation comes to the conclusion that all in all the new South Africa complies with the two constitutional principles under consideration. It is a constitutional state, one of the very few exceptions on a continent laboriously emerging from authoritarianism. / Law / Thesis (LL.M.)--University of South Africa, 1998. / LL. M. (Law)

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)

This short dissertation deals with separation of powers and federalism in African constitutionalism through the South African case. It investigates the extent to which the new South Africa complies with these two principles. The separation of powers in the new South Africa gives rise to a sui generis parliamentary regime, which is borrowing both from the Westminster model and the presidential one. On the other hand, the principle of federalism has been taken into consideration seriously, but South Africa has not become a fully-fledged federation. The result is a well-matched marriage between semi-parliamentarism and quasifederalism, which is the South African contribution to constitutionalism and democracy required by the African Renaissance. The dissertation comes to the conclusion that all in all the new South Africa complies with the two constitutional principles under consideration. It is a constitutional state, one of the very few exceptions on a continent laboriously emerging from authoritarianism. / Law / Thesis (LL.M.)--University of South Africa, 1998. / LL. M. (Law)