The phenomenon of the public policy process, which encapsulates the public policy implementation, has been in existence long before the political transformation that took place in South Africa in 1994. However, the ushering in of the new dispensation saw the integration of the existing public policies. In addition, it inevitably heralded the introduction of the new public policies and national guidelines across all sectors of the South African public institutions. Public policy implementation, as an integral stage of the public policy process, emerged as indispensable towards effective and efficient public service. The basic education, as a public institution, could also not be exempted from such inevitability of heightened public policy implementation. The introduction of the new education related public policies included the developmental appraisal system (DAS), the whole school evaluation (WSE), the integrated quality management systems (IQMS) and the discipline and safety national guidelines (DSNG). This, consequently, bears testament to what became an inevitable transformation process in South African basic education. Using the DAS, the WSE, the IQMS and the DSNG as points of departure and Empangeni education district as a reference area, the focus of this study has been the public policy process, the internal organisational arrangements and structures for public policy implementation, the public policy implementation process together with its inherent challenges and an improved model aimed at alleviating or even eradicating such public policy implementation challenges. The theoretical models, both descriptive and prescriptive, suggest that the public policy process, which entails namely: public policy agenda, public policy formulation, public policy adoption, public policy implementation and public policy evaluation, is premised on the public policy models. Of all the above-listed public policy process stages, public policy implementation stands out as the pinnacle around which the public policy process revolves. The public policy implementation stage, therefore, suggests a point where the influence, the impact and the successes or failures of the public policy process unfold. In light of this inextricable link of the public policy implementation stage to the general public policy process that is influenced by models, the effective public policy implementation is, subsequently, embracive of attributes and lessons derived from the public policy models. Some of these attributes and lessons, inter alia, include; the mutual participation by all actors involved, rather than dominance by an elite group (derived from the elite/mass model), the identification of institutional structures responsible for the public policy implementation (derived from the institutional model) and the accommodation of the implementation review as well as feedback (all indicative of the systems model). The literature review and the empirical data analyses show convergent views that suggest that the effective public policy implementation is directly proportional to the extent of internal organisational arrangements and structures as well as to the basic functionality of schools as centres for the implementation process. This implies that where internal institutional arrangements and structures are evident and functional, the implementation of public policies is bound to be effective and efficient, while the contrary also holds. Given Empangeni education district being the focal point of the study, it has emerged that the use of personnel from other units and the absence of a district unit designated to solely oversee the coordination, the implementation and the evaluation of the education related public policies, inhibit the potential of adequately achieving the intended objectives of the education related public policies implemented. In case of schools as the institutional centres for public policy implementation, empirical data analyses have established an inter-connection between the public policy implementation and the schools‟ basic functionality. Consequently, it is in functional schools (i.e. schools where the school management teams and school governing bodies are visible, effective and work collaboratively), where public policy implementation thrives and is effective. The contextualisation of the empirical research analyses to the study focus area, Empangeni Education District (EED), established that its current implementation model faces public policy implementation challenges. The most evident challenges, inter alia, include: * the inadequate advocacy of the education related public policies to be implemented; * the two or three days, currently accepted as a capacity building period by those expected to implement education related public policies, are not proportional to the volume of work to be covered and it suggests an inadequate time-frame for capacity development in the EED's current model; * the material and mechanisms used to perform functional work do not accommodate all role-players (also called actors in this study) according to their demographical needs, like language, which renders them inept to perform to their optimum level; * the primary structure of the current EED's public policy implementation model is a top-down directional structure which underscores the top-down cascading model; * current communication technology employed, do not take advantage of the 21 century‟s information computer technology in order to make the work environment more user-friendly, efficient and effective; * the simultaneous implementation of education related public policies poses a challenge to internal organisational arrangements, such as public policy implementation (PPI) structures and personnel, for effective implementation of such policies; and * the evident inadequate continuous and deliberate monitoring of implemented education related public policies. Conclusions and inferences drawn from this study suggest that the EED's current public policy implementation model is inadequate to deal with the identified challenges. Finally, this study proposes a strengthened EED public policy model, which accommodates recommendations to EED's public policy implementation challenges. Inherently, the proposed strengthened public policy implementation model is not limited to dealing with the identified challenges only, but it radically embraces the introduction of systems and internal organisational structures that promote inclusive, collaborative and traceable implementation of education related public policies. / PhD (Public Management and Governance), North-West University, Potchefstroom Campus, 2014

The phenomenon of the public policy process, which encapsulates the public policy implementation, has been in existence long before the political transformation that took place in South Africa in 1994. However, the ushering in of the new dispensation saw the integration of the existing public policies. In addition, it inevitably heralded the introduction of the new public policies and national guidelines across all sectors of the South African public institutions. Public policy implementation, as an integral stage of the public policy process, emerged as indispensable towards effective and efficient public service. The basic education, as a public institution, could also not be exempted from such inevitability of heightened public policy implementation. The introduction of the new education related public policies included the developmental appraisal system (DAS), the whole school evaluation (WSE), the integrated quality management systems (IQMS) and the discipline and safety national guidelines (DSNG). This, consequently, bears testament to what became an inevitable transformation process in South African basic education. Using the DAS, the WSE, the IQMS and the DSNG as points of departure and Empangeni education district as a reference area, the focus of this study has been the public policy process, the internal organisational arrangements and structures for public policy implementation, the public policy implementation process together with its inherent challenges and an improved model aimed at alleviating or even eradicating such public policy implementation challenges. The theoretical models, both descriptive and prescriptive, suggest that the public policy process, which entails namely: public policy agenda, public policy formulation, public policy adoption, public policy implementation and public policy evaluation, is premised on the public policy models. Of all the above-listed public policy process stages, public policy implementation stands out as the pinnacle around which the public policy process revolves. The public policy implementation stage, therefore, suggests a point where the influence, the impact and the successes or failures of the public policy process unfold. In light of this inextricable link of the public policy implementation stage to the general public policy process that is influenced by models, the effective public policy implementation is, subsequently, embracive of attributes and lessons derived from the public policy models. Some of these attributes and lessons, inter alia, include; the mutual participation by all actors involved, rather than dominance by an elite group (derived from the elite/mass model), the identification of institutional structures responsible for the public policy implementation (derived from the institutional model) and the accommodation of the implementation review as well as feedback (all indicative of the systems model). The literature review and the empirical data analyses show convergent views that suggest that the effective public policy implementation is directly proportional to the extent of internal organisational arrangements and structures as well as to the basic functionality of schools as centres for the implementation process. This implies that where internal institutional arrangements and structures are evident and functional, the implementation of public policies is bound to be effective and efficient, while the contrary also holds. Given Empangeni education district being the focal point of the study, it has emerged that the use of personnel from other units and the absence of a district unit designated to solely oversee the coordination, the implementation and the evaluation of the education related public policies, inhibit the potential of adequately achieving the intended objectives of the education related public policies implemented. In case of schools as the institutional centres for public policy implementation, empirical data analyses have established an inter-connection between the public policy implementation and the schools‟ basic functionality. Consequently, it is in functional schools (i.e. schools where the school management teams and school governing bodies are visible, effective and work collaboratively), where public policy implementation thrives and is effective. The contextualisation of the empirical research analyses to the study focus area, Empangeni Education District (EED), established that its current implementation model faces public policy implementation challenges. The most evident challenges, inter alia, include: * the inadequate advocacy of the education related public policies to be implemented; * the two or three days, currently accepted as a capacity building period by those expected to implement education related public policies, are not proportional to the volume of work to be covered and it suggests an inadequate time-frame for capacity development in the EED's current model; * the material and mechanisms used to perform functional work do not accommodate all role-players (also called actors in this study) according to their demographical needs, like language, which renders them inept to perform to their optimum level; * the primary structure of the current EED's public policy implementation model is a top-down directional structure which underscores the top-down cascading model; * current communication technology employed, do not take advantage of the 21 century‟s information computer technology in order to make the work environment more user-friendly, efficient and effective; * the simultaneous implementation of education related public policies poses a challenge to internal organisational arrangements, such as public policy implementation (PPI) structures and personnel, for effective implementation of such policies; and * the evident inadequate continuous and deliberate monitoring of implemented education related public policies. Conclusions and inferences drawn from this study suggest that the EED's current public policy implementation model is inadequate to deal with the identified challenges. Finally, this study proposes a strengthened EED public policy model, which accommodates recommendations to EED's public policy implementation challenges. Inherently, the proposed strengthened public policy implementation model is not limited to dealing with the identified challenges only, but it radically embraces the introduction of systems and internal organisational structures that promote inclusive, collaborative and traceable implementation of education related public policies. / PhD (Public Management and Governance), North-West University, Potchefstroom Campus, 2014

This mini–dissertation addresses the management of the potable water supply in the Mkhwanazi Tribal Authority's area of jurisdiction. The main objectives of the study were to determine the organisational structures and public policies governing the potable water supply in the uMhlathuze Local Municipality with a view to establishing the factors that hinder the provision of potable water to some parts of the Mkhwanazi Tribal Area and also determine how the present potable water situation is perceived by the MTA residents. The Mkhwanazi Tribal Authority's area of jurisdiction is predominantly a residential area for the Zulu speaking people under the uMhlathuze Local Municipality's area of responsibility in the Province of KwaZulu–Natal. The organisational structures governing the potable water supply in the MTA identified in the study are the ULM comprising of the Municipal Council and the administrative; Integrated Development Plan; Water Services Provider; Water Committee; and the Mkhwanazi Tribal Council. The provision of potable water in the MTA is regulated through the UMhlathuze Water Services By–Laws which are based on the standards of basic water and sanitation in terms of the White Paper on Reconstruction and Development Programme (RDP) (SA, 1994:17). The study established that the challenges affecting the potable water supply are the lack of funds in the Municipality, rising water demand, human capacity and water loss. The MTA residents appreciate the current potable water supply by the ULM but have a negative attitude towards paying for water services because they consider water as a natural resource that must be freely supplied to them by the Government. Therefore, the study recommended that water awareness campaigns be conducted regularly amongst the MTA community to raise the importance of having potable water in the community. / Thesis (M. Development and Management)--North-West University, Potchefstroom Campus, 2012.

This mini–dissertation addresses the management of the potable water supply in the Mkhwanazi Tribal Authority's area of jurisdiction. The main objectives of the study were to determine the organisational structures and public policies governing the potable water supply in the uMhlathuze Local Municipality with a view to establishing the factors that hinder the provision of potable water to some parts of the Mkhwanazi Tribal Area and also determine how the present potable water situation is perceived by the MTA residents. The Mkhwanazi Tribal Authority's area of jurisdiction is predominantly a residential area for the Zulu speaking people under the uMhlathuze Local Municipality's area of responsibility in the Province of KwaZulu–Natal. The organisational structures governing the potable water supply in the MTA identified in the study are the ULM comprising of the Municipal Council and the administrative; Integrated Development Plan; Water Services Provider; Water Committee; and the Mkhwanazi Tribal Council. The provision of potable water in the MTA is regulated through the UMhlathuze Water Services By–Laws which are based on the standards of basic water and sanitation in terms of the White Paper on Reconstruction and Development Programme (RDP) (SA, 1994:17). The study established that the challenges affecting the potable water supply are the lack of funds in the Municipality, rising water demand, human capacity and water loss. The MTA residents appreciate the current potable water supply by the ULM but have a negative attitude towards paying for water services because they consider water as a natural resource that must be freely supplied to them by the Government. Therefore, the study recommended that water awareness campaigns be conducted regularly amongst the MTA community to raise the importance of having potable water in the community. / Thesis (M. Development and Management)--North-West University, Potchefstroom Campus, 2012.

An increase in international trade has resulted in an increase in the carriage of goods by sea, which has also promoted the business of marine insurance on a very huge scale. Marine insurance contracts fall within both the admiralty jurisdiction where admiralty laws apply and special contract law where the rules and principles of contract law apply. In certain circumstance this has left the courts with a dilemma in deciding in particular cases which law should apply; whether maritime law, contract law or marine insurance law. There are certain principles under the law of contract that are said to be profound and cannot be ousted easily by substantive law. The principle of party autonomy is one of these principles and it has gained international recognition through a number of cases. However, to date, courts are faced with difficulties in deciding whether to uphold the choice of law on jurisdiction and governing law exercised by parties or resort to substantive law, either by virtue of admiralty law or any other statutes in a country, which provisions may be contrary to the clause on choice of law under the contract. In South Africa practice has shown that courts are always reluctant to apply the clause on choice of law if they believe such application is against the public policy and interest in South Africa. This begs the question as to the precise meaning and effect of “public policy and interest” and how this principle influences the long-standing and well-established principle of party autonomy in admiralty jurisdiction. This dissertation is aimed at providing a legal response to this problem by analysing case law and the different viewpoints of various writers. It is imperative to investigate if their decisions and views answer all the uncertainties with regard to the meaning and the effect of the concept of “public policy and interest” on the principle of party autonomy. / LLM (Import and Export Law), North-West University, Potchefstroom Campus, 2014

An increase in international trade has resulted in an increase in the carriage of goods by sea, which has also promoted the business of marine insurance on a very huge scale. Marine insurance contracts fall within both the admiralty jurisdiction where admiralty laws apply and special contract law where the rules and principles of contract law apply. In certain circumstance this has left the courts with a dilemma in deciding in particular cases which law should apply; whether maritime law, contract law or marine insurance law. There are certain principles under the law of contract that are said to be profound and cannot be ousted easily by substantive law. The principle of party autonomy is one of these principles and it has gained international recognition through a number of cases. However, to date, courts are faced with difficulties in deciding whether to uphold the choice of law on jurisdiction and governing law exercised by parties or resort to substantive law, either by virtue of admiralty law or any other statutes in a country, which provisions may be contrary to the clause on choice of law under the contract. In South Africa practice has shown that courts are always reluctant to apply the clause on choice of law if they believe such application is against the public policy and interest in South Africa. This begs the question as to the precise meaning and effect of “public policy and interest” and how this principle influences the long-standing and well-established principle of party autonomy in admiralty jurisdiction. This dissertation is aimed at providing a legal response to this problem by analysing case law and the different viewpoints of various writers. It is imperative to investigate if their decisions and views answer all the uncertainties with regard to the meaning and the effect of the concept of “public policy and interest” on the principle of party autonomy. / LLM (Import and Export Law), North-West University, Potchefstroom Campus, 2014