No abstract available. / Dissertation (LLM)--University of Pretoria, 2013. / gm2014 / Centre for Human Rights / unrestricted

This thesis explores the potential impacts of electoral governance on the democratic quality of elections in Nigeria. It concentrates on the debates over the role electoral administration in securing the credibility of elections in emerging democracies, using Nigeria as an example. The thesis argues that the explanation of democratic quality of elections is best approached through comparative case studies, relying on detailed accounts of election observers, interview respondents and the perceptions of the electorate. Drawing insights from the literature on democratisation, the thesis offers a straightforward conceptual and methodological model for gauging the democratic quality of elections, emphasising the relevance of electoral governance in Nigeria. It is a comparative study of the conduct of the 2007 and the 2011 elections that shared various social and institutional variables but differ in significant ways. The case comparison illustrates how the institutional dynamics of election management influence elections quality, explaining the various interconnections between the democratic quality of elections and electoral governance in Nigeria. It provides a contextual explanation of key political terms like participation, competition and perceived legitimacy. The failures and achievements recorded in the 2007 and 2011 general elections respectively depend on effective electoral governance. The restructuring of the autonomy of the Independent National Electoral Commission (INEC) and improvement of the electoral cycles recorded in the 2011 elections plus the active contribution of the electoral courts and tribunals set the stage for an increasingly fair political engagements of contestants. It has enhanced the quality of individual voter pariticipation in the 2011 elections. These case-based findings substantiate, empirically, various assumptions in the literature, particularly those explicit in the work of Mozaffar & Schedler (2002) and Elklit & Reynolds, (2002; 2005).

M.A.

M.A. (French) / The novel, in Zalre, is proliferating despite the economic difficulties of the country. Popular writing, in particular, consisting of shortish books and selling for very reasonable prices, has become something of a phenomenon. The leader of that market, not studied here, is Zamenga. The two works chosen, Mais les pieges eieien: de la fete of Bwabwa wa Kayembe M. (1988) and Train des malheurs by Tshibanda Wamuela Bujitu (1990) illustrate a category of writing that reflects daily realities without making emotional demands on the reader. The heroes are virtuous, and there is a happy ending. A type of novel we have called intermediate makes more demands on the reader, and is particularly less simplistic as to its moral. Kin-Ia-joie Kin-la-folie by the journalist Achille Ngoye (1993) strike a chord of fellow feeling in the heart of . anyone struggling to live in Kinshasa and aware of the undercurrents of crime. The happy ending allows the reader to indulge in fairly deep reflection, or simply to close the book with pleasure. Le fils de la tribu by Pius Ngandu (1983) is much more troubling, unless the reader enjoys the beauty of a tragic ending. Above all, no reader can fail to reflect on the underlyirig-tl'!essage, Ngandu's plea for the· brotherhood of tribes and a cessation of the fratricidal wars ravaging Africa. The last text, Le bel immonde by V.Y. Mudimbe (1976) takes the reader into a category of much denser story-writing, and finds once again that the reader is not able to read without reflecting on the implications of what he has read.

M.Tech. (Engineering: Electrical) / In this study, we explore the DRC ICT environment and propose an ICT Innovation System. We also explore the RSA ICT Innovation System for comparability. The theoretical frameworks used are Actor-network Theory (ANT) and Capability Approach (CA). These frameworks allows us to understand interaction and interrelationship between different actors (human and non-human) i.e. actor-network with aligned interest which is ICT and socio-economic environment for producing successful network. CA allows us to understand ICTs as a commodity that provides opportunities by increasing capability. We use a mixed methods approach, consisting of qualitative and quantitative methods to collect and analyse the data. The interpretation was made in an integrative manner, findings of qualitative and quantitative are mixed for interpretation. Participants involved in the study were two DRC organizations for qualitative study: Ministry of Health (MoH) and Free University of Great Lakes (FUGL) with which we conducted four interviews. Other participants in the quantitative study are individuals that completed survey questionnaires with one hundred people at Eldorado Park in Gauteng province (RSA) and one hundred at Lemba in Kinshasa province (DRC). The emerged themes from our sampling were ICT partnership public-private; ICT Human resources; ICT Infrastructure; ICT4D (e-health, e-education, e-agriculture, universal access); Government ICT initiatives and ICT services and applications used. Findings as well as recommendations, based on themes and building block, consisting of actors and networks – institutions – knowledge, related to Sectoral Innovation System (SIS) applied to DRC ICT sector realities, showed: the necessity of transnational network between DRC Government - Private ICT Company & Investors - International & Regional Organizations for the establishment of models of ICT innovative projects, ICT legal framework and ICT finance. These actors and network will respond to socio-economic challenges such as poverty, illiteracy and disease through ICTs. We propose an ICT Innovation System for the DRC where the Government agencies, R&D centres, NGOs, public and private ICT companies, international and regional organisations will work together for ICT knowledge diffusion, cheap ICT solutions and an innovative legal for ICT framework specifically for DRC.

Magister Educationis (Adult Learning and Global Change) - MEd(AL) / This study seeks to determine to what extent undergraduate students in a research university in South Africa are involved in activities that contribute to citizenship education. The research design involves a case study at the University of Cape Town (UCT) whereby an electronic survey, called the Student Experience at the Research University-Africa (SERU) survey, was indigenised to fit the South African context and it was conducted at UCT. The survey had a census design and all undergraduate students at the university were invited to participate. At the end of 2012 a sample of 861 surveys were analyzed using SPSS to determine the activities students were involved in during the research period.

Magister Philosophiae - MPhil / Background: In the Democratic Republic of Congo, 22.2% of the total population is in the age group of 15 to 24 years. In this country, this population group faces a large number of reproductive health problems. Even though the concerned health officials have implemented several health care programs, the youth particularly girls still have many problems particularly lack of sexual health information, poor health care, inability to avoid early and unprotected sexual relationships, early marriage, early pregnancies, early childbearing, etc. Objectives: The aim of this study is to examine reproductive health issues among young women and to understand how they utilise the health care systems in their respective socio-economic and demographic characteristic. Data and Methods: Descriptive and multivariate analyses were used. Cross tabulation, Chi-square, Phi coefficient and Cramer‘s V were applied to test for association between independents and outcome variables. At multivariate level of analysis, binary logistic regression was performed. All analyses were performed using the Statistical Package for Social Sciences (SPSS) version 23.0. Results: The study found that young women who faced early sexual intercourse (OR=73.5) and those who experienced it at 16-17 (OR= 42.3) are more at risk of early marriage than those who initiated at the age 18-24. Meanwhile, young women with no education (OR=14.1), primary and secondary education (OR=10.7 and OR=8.6 respectively) have a higher risk of early union than their higher educated counterparts. Furthermore, respondents who married in their early adolescence (OR=38.3) and middle (OR=20.0) adolescence are more at risk of early childbearing than those who married in their emerging adulthood. Moreover, young women from Maniema, Equateur and Bas Congo provinces are 95%, 62% and 58% (respectively) less likely to have had at least four ANC visits than those from Kinshasa. Conclusion: There is an urgent need for formal sex education before first sexual initiation to give better options than early marriage to adolescent girls. Also, the disparities in the antenatal care services utilization between provinces should be addressed. The concerned authorities should balance the distribution of health facilities and qualified personal among provinces.

Participatory Budgeting (PB) has expanded to over 1,500 municipalities worldwide since its inception in Porto Alege, Brazil in 1989 by the leftist Partido dos Trabalhadores (Workers’ Party). While PB has been adopted throughout the world, it has yet to take hold in the United States. This dissertation examines the introduction of PB to the United States with the first project in Chicago in 2009, and proceeds with an in-depth case study of the largest implementation of PB in the United States: Participatory Budgeting in New York City. I assess the outputs of PB in the United States including deliberations, governance, and participation. I argue that PB produces better outcomes than the status quo budget process in New York City, while also transforming how those who participate understand themselves as citizens, constituents, Council members, civil society leaders and community stakeholders. However, there are serious challenges to participation, including high costs of engagement, process exhaustion, and perils of scalability. I devise a framework for assessment called “citizenly politics,” focusing on: 1) designing participation 2) deliberation 3) participation and 4) potential for institutionalization. I argue that while the material results PB produces are relatively modest, including more innovative projects, PB delivers more substantial non-material or existential results. Existential citizenly rewards include: greater civic knowledge, strengthened relationships with elected officials, and greater community inclusion. Overall, PB provides a viable and informative democratic innovation for strengthening civic engagement within the United States that can be streamlined and adopted to scale. / Government

The flexibility of long-term investment contracts is a benefit to both an investor and the state for mitigating the effect of an unforeseeable event which negatively impacts on the viability of the contract. However, the aspect of sanctity of contract has often prompted rigid provisions with the underlying rationale that this gives investors security and predictability. In contrast, by virtue of the principle of fundamental change of circumstances, new trend has come to life in the field of extractive industries consisting of inclusion in the contract a provision that provides for renegotiation or adaptation of the existing agreement. The reasoning behind the adoption technique is that parties should not be obliged to carry on a performance which would be unjustly onerous or fruitless due to a supervening unregulated event. The main criticism of this approach is that the claim for renegotiating an existing agreement which contains no renegotiation clause or insistence on a third party intervention for adapting such a contract amount to an undue interference. However, the manner in which contracts are negotiated in countries that exhibit poor governance or situation of army conflict challenges this view. The question asked is whether an unfair contract concluded with unelected government or leaders of military factions and subject to corruption can be allowed to survive without being revised. The DRC, realizing this problem, undertook to renegotiate some of its mining contracts with specific objectives, such as; investor respect of legislation, use of local resources, social responsibility clauses, and evaluation of the input of the partners taking into account the equity shareholding with the public party holding not less than 51%. This has resulted in the termination and cancellation of certain contracts. Aggrieved investors filed several proceedings, but they dropped them, privileging an amicable settlement. Besides, the outcome of the renegotiation suggests that Congolese negotiators have not fully achieved the objectives set out at the start of the process. Against this backdrop, the dissertation found that the Congolese mining sector is governed by a broad range of regulations and corresponding supervisory bodies. Constant suspicions of illegally mining exploitation prevail on the sector as a result of the ill enforcement of the aforesaid regulations, corruption and mismanagement. This study also found that renegotiating an existing agreement is a common practice in commercial contracts. Major systems of law have dealt with when they confronted with the issue related to the non-performance of a contractual obligation. The stability of the contractual terms is must but, at the same time, a certain degree of flexibility is necessary to allow parties to adjust their relationship in case of imperfections, cultural differences or supervening of unforeseen events. However, to be effective, the renegotiation mechanism must be regulated for not fuelling unlimited demand of adaptation, therefore, instability of the contract. The renegotiation of mining contacts in DRC was extremely politicised. However, both investor and Congolese sides have benefited from that differently. The Congolese government gave preference to short-term profits result to the expenses of the long-term improvements. By comparison, the majority of investors have secured their assets. Others have even increased them. An examination of the amended agreement that have been disclosed so far reveals that a lot issues remain unresolved, particularly with regard to the reasons that prompted the renegotiation. Moreover, parties to the aforesaid process did not attempt to regulate future demands of adaptation. Based on these findings, the recommendation of the dissertation is that future mining agreements should include a renegotiation clause and regulate the intervention of a third party. The Congolese government should endeavour to lessen political interference throughout mining contract negotiations. It should also build negotiation skills among its representatives involved in that process. Investors should increase among them awareness of corporate social responsibility standards for preventing illegal exploitation of mining resources which, ultimately, results in triggering unilateral contract adjustment. The remaining issues in connection with the amended agreements should be resolved amicably for this approach is more likely to bring mutual satisfaction to both the Congolese state and investors. / Dissertation (LLM)--University of Pretoria, 2013. / Centre for Human Rights / unrestricted

Mining companies operating in developing countries like the Democratic Republic of Congo (DRC) have come under increasing public criticism for not only failing to bring benefits to the country in which they operate but for often making the situation even worse through adverse environmental and social impacts. The particular focus of this treatise is the social division that a new mining project can generate between the operating company and the community living on or near to the mine site. In one area in north-eastern DRC, a large multinational mining company, AngloGold Ashanti, plans to develop a gold mine. While there have been no manifest conflicts between the company and the host community, there is evident latent conflict in the form of uncertainty and mistrust between parties. Although the company is engaged in two different models of companycommunity participation, this has either resulted in or failed to prevent tensions between the company and the local community. This research offers an exploration and discussion of the existing models of company-community participation as a conflict management strategy. With reference to relevant research and literature, as well as other available models for company-community participation, this treatise will provide a series of recommendations as to how the existing models could be made more effective in managing conflict.