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Assessing the constitutionality of section 56A of the Local Government: Municipal Systems Amendment Act, 2011 (Act 7 of 2011)Mhlahlo, Zimkhitha January 2018 (has links)
Magister Legum - LLM / In the South African local government context, municipalities are operationally governed through two arms: the political arm and the administrative arm. Both arms work simultaneously in ensuring that the municipality ‘move[s] progressively towards the social and economic upliftment of communities and the provision of basic services. Even though these arms work together, there has to be a separation of powers and adherence to the rule of law. Each arm must operate within its functions and do so without any favour or prejudice. Municipal managers head the administrative arm of the municipality. They are appointed by the political structure, known as the municipal council, of each municipality. Their role includes accountability and responsibility for, inter alia: the formation and development of an economical, effective, efficient and accountable administration; the management of municipal administration in accordance with the law; the appointment of staff and managing the communications between the municipality administration and its political structures. In consultation with the municipal manager, the municipal council appoints managers directly accountable to the municipal managers. The managers are referred to as section 56 managers (managers). Municipal managers and section 56 managers are the glue that holds the administrative side of municipalities together and are custodians of municipal finances.
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Strategic service partnerships and boundary-spanning behaviour : a study of multiple, cascading policy windowsBaker, Keith January 2008 (has links)
This study explores the role of boundary-spanning individuals in the development of Strategic Service Partnerships (SSPs). SSPs are the latest manifestation of Public- Private Partnerships (PPPs). However, these partnerships are remarkably underresearched. Furthermore, the role of key boundary-spanning individuals in developing and maintaining PPPs and other partnership forms is poorly understood. This study closes these gaps in the literature by examining the development of SSPs and showing how the role and contribution of boundary-spanning individuals can be understood. Boundary-spanners are shown to exist as dynamic, structurally contextualised agents whose actions are shaped by a combination of organisational and contingency pressures and their own individual psychology. To understand the development of an SSP and the role of boundary-spanners, the study develops and tests a conceptual framework. This framework combines a sequential account of emergent interorganisational relationships with a policy process model. The thesis presents case study evidence from an in depth qualitative investigation of an emergent SSP in an English Local Authority to show that interaction between public and private sector organisations is critical to development of an SSP. It is also shown that boundaryspanning individuals are of critical importance in managing and shaping these interactions. This study represents an advance in understanding both PPPs and boundary-spanning individuals.
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The changing face of the local government of education in the 21st century : living with the private sector in selected local authorities as seen by their chief officers and othersNicholson, Elizabeth A. J. January 2010 (has links)
The implementation of the Education Reform Act (DES 1988) saw fundamental changes in the structure of education in England; in the relationship between schools and local education authorities and in the establishment of the private sector as a competitor to local education authorities in delivering services. Further legislation introduced by both the then Conservative Government and after 1997 by a Labour Government saw these changes further embedded. This research seeks through a review of literature to find out why those legislative changes were implemented and by investigating four local education authorities review how those changes impacted on their performance. This is a qualitative study that gathered data through the use of semi-structured interviews to create four case studies. Against a background of successive governments seeing the use of the market place, competition and the private sector as a means of delivering their aim of improving public sector performance this research provides an insight into how four local authorities worked with the private sector following their Ofsted inspections.
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Why is local government less trusted than central government in China?Huaxing, Liu January 2015 (has links)
The public's trust in government is a subject that arouses interest and debate among researchers and politicians alike. This thesis is concerned with public trust in government in China and particularly in local government. It provides insights both on the patterns of public trust in different levels of government and explores the key factors that account for variance in this respect. In light of the findings in this respect, the thesis also makes suggestions about measures that might be taken to improve public trust in local government particularly in the China context. A mixed methods research design has been employed that has included analysis of responses to a major trans-China quantitative survey of public opinions and the conduct of a series of semi-structured interviews with local government officials operating at different governmental levels within one municipal city. The research examines the commonalities and differences between the perspectives of citizens and of officials with regard to the scale, nature and causes of public distrust in local government. The thesis considers the implications of the findings and makes suggestions as to the kinds of policy and practice responses that would seem necessary to improve Chinese's citizens' trust levels in their local government.
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Bureaucratic autonomy in practice : a comparative case study of revenue administrations in Jamaica and the Dominican RepublicClarke, Jennifer Ianthe January 2014 (has links)
In recent years, ‘agencification’ and ‘autonomisation’ seem to have emerged as the new orthodoxy in the reform of public administration, fuelling a lively academic debate on bureaucratic autonomy and political control - on whether these two phenomena are diametrically opposed or can co-exist alongside each other. Using as its empirical basis two case studies of revenue administrations in Jamaica and the Dominican Republic, this cross-jurisdictional, interdisciplinary piece of research seeks to advance current understanding of bureaucratic autonomy on two fronts. First, it explores the under-researched issue of factors which may condition the exercise of bureaucratic discretion. Second, it is distinct from current works because of its comparative analysis of bureaucratic manoeuvrability within differing legal traditions and systems of government. Notwithstanding the cases’ historical and cultural differences, findings revealed a number of common functional realities. The more influential macro-institutional constraints fed through to impact on internal operational functioning in areas such as the establishment of tax priorities and revenue targets. No support was found for the hypothesis that different legal traditions have a differential impact on bureaucratic functioning. In both jurisdictions, a detailed ‘fussy’ style of drafting revenue laws aims towards certainty and predictability, with no particular stakeholder biases. Legal drafting style may be a function of the specific policy area.
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A Phenomenological Study of Leaders' Perceptions and Experiences in Local GovernmentWilliams, Janet Elerene 01 January 2015 (has links)
An emerging crisis in the public sector of the United States is that local government organizations are unable to recruit and retain leaders. A large proportion of high-level and mid-management public administrators leave the profession within a 5-year period. The purpose of this phenomenological study was to explore, identify, and describe patterns in the experiences and perceptions of local government administrators to promote career longevity. The central research questions were designed to determine whether work adjustment theory accurately described the lived experiences and perceptions of the subjects' career success in local government. Data collection included in-depth interviews with 10 current high level and mid-management local government leaders in the state of Virginia. Key findings of a thematic analysis of the interviews were that altruism was a strong motivator for career longevity and progression, intrinsic rewards outweighed extrinsic rewards such as salary and compensation, and that most of the participants perceived that an advanced education supports career success. The study further found that reactive adjustment of adaptability was a key driver of the participants' career success and longevity when applied through the theory of work adjustment. This study contributes to positive social change by providing specific recommendations to municipal governments related to the recruitment and retention of existing leadership. Ultimately, this guidance for existing and future public administrators will promote career longevity by utilizing satisfaction formulas, yield career sustainability with success attributes, and frame government leadership for the future by revealing existing experiences and genuine perceptions.
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Impact of Fiscal Decentralization on Quality Financial Reporting at the Districts in GhanaZakaria, Abdul-Malik Seidu 01 January 2015 (has links)
This study examined the impact of fiscal decentralization on quality financial reporting at the local government level in Ghana. The study is important because it provides development partners with the assurance that Metropolitan, Municipal, and District Assemblies (MMDAs) funds are used for their intended purposes. The study was based on the theory of local public expenditures, which posits that fiscal decentralization may enhance local capacities for service delivery. The key research question examined the extent to which fiscal decentralization has influenced quality financial reporting at the local level. The research design was quantitative, randomly sampling stakeholders in the local government structures including traditional rulers, assembly members, principal spending officers, budget officers, auditors, and accountants (n = 65). Descriptive plots, Pearson chi-square, and multiple regression analysis were used to examine the relationship between the dependent variable of quality financial reporting and the independent variables of expenditure responsibilities, taxation powers, intergovernmental fiscal transfers, and borrowing powers. The results of the analysis revealed taxation powers to be the most significant contributor to quality financial reporting. Quality financial reporting improved internally-generated resources, reduced audit queries, and served as a basis for granting funds to MMDAs. The study recommends that MMDAs be given taxation powers to enable local assemblies to generate more revenue so as to minimize the need for the transfer of funds from development partners and central government. The significant social change implication of this study lies in giving MMDAs control of service delivery at the local level.
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The implementation of strategic planning and management in the Waterberg Municipalities, Limpopo ProvinceMabuela, F.M. January 2015 (has links)
Thesis ( MPA.) --University of Limpopo, 2015 / The aim of the study is to evaluate the implementation of the strategic planning and
management in Waterberg District municipalities and to identify any constraints that
might be affecting the implementation of strategic planning and management which is
the basis for poor service delivery, which in turn, causes service delivery protests by
members of the public against municipalities, and in order to provide policy
recommendations.
Therefore, the approach to the research is qualitative because the study solicited for
views and opinions of respondents, in this case, public officials, politicians and
members of the public. The secondary data aspect included the reviewing of
documents of different municipalities in terms of planning and their own management
styles. The quantitative approach is also applied in this study to validate the municipal
performance score cards which is a content analysis.
Data were collected through questionnaires and interviews. The findings reflected the
key issues with regard to the impact of the implementation of strategic planning and
management in municipalities in the Waterberg district Limpopo Province. The study
revealed appropriate opportunities for possible interventions to improve the
implementation of strategic planning and management. The general conclusion as
revealed by the study is that the municipal strategic plans are not successfully
implemented and not properly managed. The audit opinions awarded to the
municipalities bear reference to the matter. The study provided recommendations for
municipalities to improve on the implementation of strategic planning and
management. For instance, strategic plans need to be aligned with other municipal
plans and the plans of other government spheres, namely, the provincial and national
spheres of government; it is imperative that skilled personnel be appointed, the staff
and councillors of a municipality must be trained and retained in order to ensure a
high level of service provision; municipal capacity building should be a core element
of a broader performance management strategy and all stakeholders of the municipalities should be capacitated and trained in terms of policy formulation so that they understand what is expected of them in terms of policy analysis, formulation and
policy evaluation
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Alternative dispute resolution in local government planning in NSW: understanding the gap between rhetoric and practiceRollinson, David Hugh, Built Environment, Faculty of Built Environment, UNSW January 2008 (has links)
This thesis examines the use of alternative dispute resolution (ADR) for local government planning and development disputes in New South Wales. Set within broader theoretical concerns around key concepts, this research comprehensively documents, for the first time, how the ADR process of mediation was introduced to NSW councils and then used by their staff and independent ADR practitioners for disputes over development applications and the formation of local planning policies. The thesis also provides a systematic overview of the use of mediation and conciliation for development appeals brought before the Land and Environment Court of NSW (LEC). In the 1980s there was considerable interest in ADR in Australia. Mediation was in use for community, family and business disputes and by the early 1990s was being suggested for environmental, planning and development matters. Its use was encouraged by government agencies keen to see a reduction in the costs of often delayed council decisions on development applications. There was also a desire by councils to find a way to reduce the community disharmony that often occurred over large or contentious applications, or when changes to planning policies were proposed. Mediation held great promise in these early years but as this research shows, its take-up has been modest and its use variable. A detailed analysis of the encouragement to use ADR for planning and development disputes before councils and the LEC, together with an examination of policy and survey evidence, uncovers a significant gap between the promotional rhetoric and actual practice. From extensive in-depth interviews with council staff and ADR practitioners and through personal knowledge, it can be seen that the initial enthusiasm for ADR has not continued, with council staff now more commonly seeking to directly negotiate solutions to development disputes. The thesis concludes by considering the likely future for ADR in local government planning and development disputes.
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Intellectual Capital Reporting by the New Zealand Local Government SectorSchneider, Annika Barbara Sabine January 2006 (has links)
Sweeping financial management reforms occurred in New Zealand during the late 1980s and early 1990s which radically changed the face of the New Zealand public sector. These reforms sought to significantly restructure and reorganise local government thereby improving their effectiveness and efficiency and improving their accountability to their stakeholders. The principal vehicle for the discharge of this accountability is the annual report, which must be prepared according to Generally Accepted Accounting Practice (GAAP) and commercial principles. Organisations in the private sector are beginning to recognise the value of accounting for intellectual capital (IC) (see for example Quinn, 1992; Brooking, 1996; Sveiby, 1997; Edvinsson Malone, 1997; Bontis, Dragonetti, Jacobsen Roos, 1999; Guthrie, Petty Johanson, 2001; Bounfour, 2003). Studies on the measurement, management and reporting of IC have been undertaken internationally in Asia (Abeysekera Guthrie, 2005; Goh Lim, 2004; Ordenez de Pablos, 2002), Australia (Guthrie Petty, 2000), Europe (Bozzolan, Favotto and Ricceri, 2003; Olsson, 2001; Ordenez de Pablos, 2004), United Kingdom (Collier, 2001; Williams, 2001) and Ireland (Brennan, 2001). Despite the significant research interest in the field of intellectual capital internationally, scant attention has been paid to intellectual capital reporting by commercial organisations in New Zealand. An extensive review of the IC literature yielded only two New Zealand based studies (Miller Whiting, 2005; Wong Gardner, 2005). Further, no studies to date have addressed intellectual capital reporting by local governments in either New Zealand or internationally. This study aims to fill this gap through the development of an intellectual capital disclosure model that could be applied to local authorities. The research describes and explains the development of a disclosure index used to measure the extent and quality of current intellectual capital disclosure by local authorities in New Zealand. The index was developed through a consultative process with a panel of local government stakeholders which was used to establish the weightings for each item. The final index comprised 26 items divided into three categories: internal capital, external capital and human capital. The 2004/2005 annual reports of 82 New Zealand local authorities were scored for extent and quality of disclosure against the index. The results indicate that intellectual capital reporting by local authorities is varied. Manukau City Council scored the achieved the highest overall score (76%) out of the 82 reports analysed while Whakatane District Council scored the lowest with 33%. The most reported items were joint ventures/business collaborations and management processes. The least reported items were intellectual property and licensing agreements. The most reported category of intellectual capital was internal capital, followed by external capital. The least reported category was human capital. The findings indicate a number of areas of reporting that could be improved in order to meet with stakeholder disclosure expectations. In the internal capital category, intellectual property disclosures could be improved. In the external capital category disclosure concerning ratepayer demographics and licensing agreements could be improved. In the human capital category, disclosure of most items could be improved, in particular, entrepreneurial innovativeness and vocational qualifications. The study provided an insight into the current level and quality of intellectual capital disclosure by the NZ local government sector. The results indicated that local authorities are disclosing some aspects of intellectual capital in their annual report, however there is no consistent reporting framework, and many areas of IC disclosures are not meeting stakeholder expectations. More research is needed in the area of intellectual capital reporting in the public sector. This study provides a preliminary framework which can be used by local authorities to enhance intellectual capital disclosures in their annual reports.
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