Thesis (MA)--University of Stellenbosch, 2011. / ENGLISH ABSTRACT: This thesis explores the relationship between the state and mining capital in South Africa since the beginning of gold mining. It provides a historical analysis centered around the notion that neither state nor capital have been able to dominate each other wholly but retained their respective relative strength and independence. By applying a qualitative approach, this thesis seeks to determine whether this notion still holds true today, how the relationship between the state and mining capital has evolved over time and by what factors was it determined. I suggest that structurally the nature of the state-capital relationship continues to endure fifteen years after apartheid. Accordingly the thesis is organized in terms of two critical junctures, one in the 1920s and one in the long 1970s when the balance of power between the state and mining capital experienced a number of shifts. Recent developments in post-apartheid South Africa seem, as of now at least, to represent more of a continuation of the shift that materialized in the long 1970s rather than a new conjuncture of its own or one in the making. Contrasting these findings with the adamant calls of the ANCYL for a nationalization of mines indicates that nationalization as the ANCYL foresees it does not seem to be informed by a historical understanding of the mining capital-state relations and that it is ceteris paribus unlikely to materialize. / AFRIKAANSE OPSOMMING: Die tesis ondersoek die verhouding tussen die staat en mynbou kapitaal in Suid-Afrika sedert die begin van die goudwedloop. Op grond van ’n historiese oorsig word daar aan die hand gedoen dat nòg die staat nóg mynbou kapitaal mekaar oorheers het en dat hierdie tendens vyftien jaar na apartheid steeds voortduur. Die magsbalans tussen die staat en kapitaal word egter gekenmerk deur twee uiteenlopende periodes, naamlik die Twintiger jare en die langdurige Sewentigs. Verwikkelinge in post-apartheid Suid-Afrika suggereer ’n voortsetting van die dinamika van die Sewentigs. Volgens onlangse uitlatings deur die ANC Jeugliga blyk dit asof die beweging nie bewus is van die kompleksiteit van hierdie historiese verhouding nie en dat dit dus hoogs onwaarskynlik is dat nasionalisering in terme van ANC Jeugliga beleid die lig sal sien.

University of Macau / Faculty of Social Sciences and Humanities / Department of Government and Public Administration

Doctorat en sciences sociales, politiques et économiques / info:eu-repo/semantics/nonPublished

Many of the countries all over the world, with different experiences, own state-owned enterprises (SOEs). Even though these enterprises are useful socioeconomic policy instruments, evidence from most of these countries shows that these enterprises do not fulfil their mandates, especially when wholly owned, and in developing and corrupt countries. As a result, owning SOEs has become a trend rather than a means to an end. Several models, from privatisation, then back to renationalisation, have been attempted in mitigating the numerous problems of these enterprises. These models did not mitigate the problems of SOEs as they were, in summary, mere models backed by powerful advocates and favoured by the turn of socio-political and economic cycles at that time. However, irrespective of the numerous problems of SOEs, these enterprises can still be useful socioeconomic policy instruments now, as in the past. Using multiphase exploratory mixed methods, this thesis explores ways of mitigating the problems of SOEs by developing a best practice structural corporate governance model that takes into account various aspects of corporate governance of SOEs. In this context, the empirical part of this study was conducted in three phases. The first phase analyses the contents of relevant enterprises’ documents. The second phase analyses survey responses from purposively selected expert respondents from sample SOEs. The third phase analyses interviews from purposively selected expert participants from sample SOEs. Thus, this thesis determined the problems of SOEs, detailed the problem implications, identified contingent areas of the models considered vis a vis problems explored, extended the role of government, developed a conceptual framework, established useful models for organising and owning SOEs as a way of mitigating the identified problems, analysed the thesis statement and thesis propositions and developed a structural corporate governance model for SOEs. The study found that the holding company model, both wholly and partly owned, appears to be better in mitigating corporate governance problems of SOEs, compared with the traditional wholly and partly owned models, with the partly owned model of the holding company model a better model compared with the other models. Thus, this thesis harnesses the stages detailed above into contributing to the field of scholarly knowledge by harnessing the stages described into developing a structural corporate governance model that takes into account relevant aspects of corporate governance of SOEs and related enterprises. Following this, this thesis proposes that, in addition to emulating the developed model, establishing a supervisory board that constitutes representatives from public and private role players, as well as other external assurance providers and regulatory inspectors is key in mitigating problems of SOEs, especially in developing countries. This thesis contributes to the field of scholarly knowledge by synthesising disjointed literature on public entrepreneurship, developing and demonstrating a theoretical comparative sampling method, extending the role of government, theoretically developing a conceptual framework, dimensional theory, as well as developing a structural corporate governance model. / Business Management / D. Phil. (Accounting Sciences)

The privatisation and liberalisation of telecommunications throughout the world has resulted in the growing involvement of competition authorities in telecommunications regulation, alongside telecommunications sector-specific regulators. The existence of both sector specific rules and competition rules has brought about a critical institutional challenge. The increased role of competition authorities in the telecommunications sector raises the issue of inconsistent jurisdiction in the sector. Conflicts are therefore inevitable in the absence of clear delineation of jurisdiction. The South African model for regulation in the telecommunications sector entails a sharing of jurisdiction between the sector-specific regulator, the Independent Communications Authority of South Africa (ICASA), and the competition-wide regulator, the Competition Commission. The study thus determines the interplay between the Competition Commission and ICASA as well as the competitiveness of South African telecommunications. / Communication Science / M.A. (International Communication))

This study makes the assumption that community participation in the governance of mineral resources is a requirement of sustainable development and that through a fundamental rights-based approach, it can be made effective. The concern is that an affected community should not only be involved in the decision-making process, but its view must also influence the outcome in respect of whether or not a mineral project should take place and how it should address development issues at local level. It is assumed that this legal approach will improve mineral governance by bringing more transparency and accountability. In many African resource-rich countries, community participation has until now been practiced with more of a soft approach, with the consequence that it has been unable to eradicate the opacity existing in the management of revenues generated by mineral exploitation and also deal efficiently with the recurrence of fundamental rights violations in the mineral sector. Obviously, the success of the fundamental rights based-approach is not absolutely guaranteed because there are preconditions that must be fulfilled. The synergy between community participation and some relevant concepts like democracy, decentarlisation, accountability, (good) governance and sustainable development must be well balanced for the participation process to bring positive outcomes. Also, because the fundamental rights based-approach is conceived here within the framework of the African Charter of Human and People’s Rights, its normative and institutional components, despite the potential to make participation effective and successful, require that some critical challenges be addressed in practice. The study ends with the conclusion that the fundamental rights based-approach is appropriate to make community participation effective in the mineral-led development process taking place at local level, provided that its implementation is kept reasonable. / Constitutional, International & Indigenous Law / D.Law

This study makes the assumption that community participation in the governance of mineral resources is a requirement of sustainable development and that through a fundamental rights-based approach, it can be made effective. The concern is that an affected community should not only be involved in the decision-making process, but its view must also influence the outcome in respect of whether or not a mineral project should take place and how it should address development issues at local level. It is assumed that this legal approach will improve mineral governance by bringing more transparency and accountability. In many African resource-rich countries, community participation has until now been practiced with more of a soft approach, with the consequence that it has been unable to eradicate the opacity existing in the management of revenues generated by mineral exploitation and also deal efficiently with the recurrence of fundamental rights violations in the mineral sector. Obviously, the success of the fundamental rights based-approach is not absolutely guaranteed because there are preconditions that must be fulfilled. The synergy between community participation and some relevant concepts like democracy, decentarlisation, accountability, (good) governance and sustainable development must be well balanced for the participation process to bring positive outcomes. Also, because the fundamental rights based-approach is conceived here within the framework of the African Charter of Human and People’s Rights, its normative and institutional components, despite the potential to make participation effective and successful, require that some critical challenges be addressed in practice. The study ends with the conclusion that the fundamental rights based-approach is appropriate to make community participation effective in the mineral-led development process taking place at local level, provided that its implementation is kept reasonable. / Constitutional, International and Indigenous Law / LL. D.

The privatisation and liberalisation of telecommunications throughout the world has resulted in the growing involvement of competition authorities in telecommunications regulation, alongside telecommunications sector-specific regulators. The existence of both sector specific rules and competition rules has brought about a critical institutional challenge. The increased role of competition authorities in the telecommunications sector raises the issue of inconsistent jurisdiction in the sector. Conflicts are therefore inevitable in the absence of clear delineation of jurisdiction. The South African model for regulation in the telecommunications sector entails a sharing of jurisdiction between the sector-specific regulator, the Independent Communications Authority of South Africa (ICASA), and the competition-wide regulator, the Competition Commission. The study thus determines the interplay between the Competition Commission and ICASA as well as the competitiveness of South African telecommunications. / Communication Science / M.A. (International Communication))