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An important change wrought by the post-1994 South African Constitutions is the attempt to have South Africa recognised as a democratic and sovereign state in the "family of nations." The new Constitutions make extensive reference to the state's international obligations and represent an endeavour to [re]define the status of international law vis-a-vis national law. Some provisions utilise international law in the interpretation and formulation of national jurisprudence and represent an [albeit not totally successful] endeavour to attain greater harmonisation between international and national law. This is an attempt to systematize the various criticisms levelled against these provisions to date, and to highlight certain interpretational difficulties and problems that present themselves in the process. The distinction between the various terminologies and branches of international law is also taken to task. Lastly, this paper attempts to determine the extent to which international law is applied at national level under the post-1994 constitutions. / Jurisprudence / LL. M.

Records management plays a significant role in ensuring accountability, transparency and good governance. Chapter nine institutions, on the other hand, are democratic institutions responsible for the promotion of accountability, transparency and good governance in the public sector through various forms such as investigation, reporting and recommendations. Although the regulatory role of records management in the public sector is the responsibility of the National Archives and Records Service of South Africa (NARSSA), it seems that this responsibility is cumbersome for the organisation as several scholars concur that the public sector is characterised by poor records management. As a result, NARSSA is unable to support governmental bodies in managing records properly. Given the position of chapter nine institutions in government and their mandate as set out by the Constitution of the Republic of South Africa, these institutions are able to hold the state accountable for their actions, unlike NARSSA. This study adopted the World Bank’s evolution of good governance as the conceptual framework to investigate the contribution of selected chapter nine institutions, specifically the Auditor-General South Africa (AGSA) and the South African Human Rights Commission (SAHRC) towards records management in the public sector in South Africa. Qualitative data was collected through document analysis and interviews with purposively selected participants from the AGSA and the SAHRC. At the AGSA, participants were records management professionals and auditors, whereas at the SAHRC only staff members responsible for the implementation of access to information legislation were interviewed. Although the study established that records management is a key enabler to the process of access to information and the auditing process, the relationship was not fully explored by the SAHRC, which has little or no interaction with the NARSSA. However, the AGSA has taken the lead in this regard as it has managed to develop a memorandum of understanding (MoU) with NARSSA. Organised records enable the AGSA to audit the public sector and to facilitate access to records in terms of freedom of information legislation. The study concludes that there is a need for chapter nine institutions to work hand in hand with NARSSA for the purpose of fostering proper record keeping in the public sector. It is recommended that this study be extended to other chapter nine institutions such as the Public Protector. / Information Science / M. Inf. (Archival Studies)

An important change wrought by the post-1994 South African Constitutions is the attempt to have South Africa recognised as a democratic and sovereign state in the "family of nations." The new Constitutions make extensive reference to the state's international obligations and represent an endeavour to [re]define the status of international law vis-a-vis national law. Some provisions utilise international law in the interpretation and formulation of national jurisprudence and represent an [albeit not totally successful] endeavour to attain greater harmonisation between international and national law. This is an attempt to systematize the various criticisms levelled against these provisions to date, and to highlight certain interpretational difficulties and problems that present themselves in the process. The distinction between the various terminologies and branches of international law is also taken to task. Lastly, this paper attempts to determine the extent to which international law is applied at national level under the post-1994 constitutions. / Jurisprudence / LL. M.