M.A. (Politics) / The human rights discourse is flawed in theory and practise. Despite this, it remains legally entrenched in the South African constitution and enjoys a high degree of rhetorical popularity. This thesis will suggest a theory that will explain the longevity of the human rights discourse based on its ability to open spaces for the development of political agency. This ability is derived from its essentially emotive nature as a discourse comprised of value judgments. The discourse is in turn shaped by the agents that are mobilized through human rights. Hence, human rights will be described as a dynamic, evolving system as opposed to the a priori, deontological facts that they have traditionally been conceived to be.

Thesis (MA)--Stellenbosch University, 2014. / ENGLISH ABSTRACT: This study deals with the build-up to, and resultant reactions against, regulating sexual practices in the Cape Colony, especially the Contagious Diseases Acts in 1868 and 1885. The focus will be on the existence of venereal disease as a colonial epidemic. The wider context in terms of Britain, India, Hong Kong, Singapore and Australia will also be taken into account. The research is based on a theoretical framework made up of three components; gender, power and moral politics. The role of gender will be looked at through the existence of the double standard and the prostitute. Power and the existing relations between the colonies and the colonisers will be looked at by addressing the issue of race, superiority and the exportation of the colonial mindset. Moral politics will be analysed through the discussion of purity campaigns, women’s role in society and the medical aspect of politics. Within this thematic framework, the focus of the study will then move to the Cape Colony and the existence of regularity practices there. This study seeks to establish the ways in which regulation developed at the Cape and in doing so hopes to contribute to the existing historiography. / AFRIKAANSE OPSOMMING: Hierdie studie fokus op die aanloop tot en die daaropvolgende reaksies ten opsigte van regulatoriese sekspraktyke, waarvan die bekendste die Aansteeklike Siektes Wette van 1869 en 1885 was. Daar word na die bestaan van veneriese siekte as ‘n koloniale epidemie gekyk. Die breër konteks van Brittanje, Indië, Hong Kong, Singapoer en Australië word ook in ag geneem. Die navorsing is gebaseer op ‘n teoretiese raamwerk van drie komponente: geslagtelikheid (“gender”) , mag en morele politiek. Die rol van geslagtelikheid word betrag na gelang die bestaan van dubbele standaarde en die prostituut. Mag en die bestaande verhoudinge tussen die koloniseerders en die wat gekoloniseer, word aangespreek deur te let op die kwessie van ras, meerderwaardigheid en die toepassing van ‘n koloniale denkpatroon. Morele politiek word ontleed deur te let op die bespreking van kuisheid kampanjes, vroue se rol in die samelewing en die mediese aspekte van politiek. Binne hierdie teoretiese raamwerk word die bestaan van regulatoriese praktyke in die Kaapkolonie bespreek. Die studie poog om vas te stel op welke wyses regulatoriese praktyke in die Kaapkolonie ontwikkel het en sodoende word gepoog om ‘n bydrae tot die bestaande historiografie te maak.

PhD (Public Administration) / Department of Public and Development Administration / The study reviews and assess the impact of ethical leadership in promotion of good governance in the Limpopo Province in South Africa. Since the inception of the province in 1994, the provincial government witnessed an alarming statistics of unethical behaviour within its echelons. The media reports is frequently dominated by negative news of ethical transgression within the province’s public institutions. The reports on fraud and corruption scandals ranges from conflict of interests which manifest itself through payment of ghost workers, tardiness, weak institutions, lack of accountability and honesty by senior and subordinate public officials. In 2011, some of the provincial government’s departments were placed under “Administration”, meaning the control of province by the National Treasury. The placement of the departments under administration confirms the public perception that the province is engulfed by ethical challenges which result to poor governance of the province. The findings from the study confirm that although the province attempted to put strategies to minimise acts of unethical behaviour in the province, there is still a concern of ethical transgression that is ongoing and unabated. The study adopted the mixed methodology research design for data collection. The senior public managers and subordinate public officials were sampled as the population for the study. The aim is to assess the pivotal role that senior public managers as leaders play in fostering the organisational performance, hence good governance through modelling behaviour. The findings of the study assist to respond to the concern of why transgressions of ethical conduct occurs despite progressive legislative frameworks were introduced to promote good governance. The study recommended an Integrative Model of Ethical Leadership, which takes into account / NRF

MCom (Human Resource Management) / Department of Human Resources Management and Labour Relations / The objective of this study was to investigate the relationship between ethical leader behaviour and the five factors of personality in Vhembe District, South Africa. This research used a quantitative method. A self-administered questionnaire was used to collect data from a stratified random sample of n=202 participants. All categories from selected government departments of the Vhembe District were included in the strata meaning that junior and senior employees both participated. The Statistical Package for the Social Sciences (SPSS) version 25 was used for descriptive and inferential statistics (Correlation and ANOVA) to determine relationships between ethical leadership and personality factors of agreeableness, consciousness, neuroticism, extroversion and openness to experience. The Personality Factor Scale was used to collect data on the five factors of personality, and the ethical Leaders Scale was used to collect data on the dependent variable of ethical leader behaviour. The findings of this study confirmed that out of the five factors of personality, consciousness had the most a positive significant relationship with ethical leader behaviour. Therefore, this study concludes that selected government departments of the Vhembe District should exhibit ethical leadership to their employees. The study also discovers that fairness, role clarifications and power sharing were the aspect of ethical leadership which is required in every leader to become ethical. / NRF

MAdmin / Department of Public and Development Administration / The main thrust of this study was to examine the effectiveness of the Public Protector’s office in enhancing ethical conduct: The Case of Vhembe District Municipal Area. After the attainment of democracy in 1994, South Africa established the Public Protector’s office and other institutions to enhance ethical conduct within the public service. Despite the establishment of the Public Protector’s office, ethical challenges remained a big problem to achieve good governance and efficient service delivery to the masses of Vhembe. This study followed a mixed research methods and employed a descriptive case study design with explanatory features characterised by the sequential explanatory model strategy in which the collection and analysis of quantitative data was done, followed by the next phase of collecting and analysing qualitative data. Participants in this study were Public Protector’s officials, Mayors, Municipal Managers, Civic Organizations and the representatives of the private (tendering) companies found in Vhembe. The empirical data were collected through questionnaire and semi-structured interview schedule and analysed using SPSS and thematic (content) analysis. Data collection and analysis followed the objectives of the study as a framework. The major finding of the study is that the Public Protector’s office is not effective enough to enhance ethical conduct due to its inability and lack of constitutional powers to enforce adherence and compliance with its recommendations after conducting investigations. As a result, this renders the Public Protector’s office ineffective and unable to enhance ethical conduct effectively. The study therefore, recommends that the Public Protector’s office needs to be provided with sufficient resources as well as more constitutional powers to enable it to enforce implementation and compliance with its recommendations. / NRF

The South African Government in 2002 accepted the Public Service Anti-Corruption Strategy (PSACS) with the objective to reduce the manifestation of malfeasance in the public service. The PSACS identified various goals and objectives to be achieved at both the systemic and departmental levels. At the departmental level, the PSACS set out to increase the institutional capacity of departmental institutions, and encourage the management of risk and of discipline in the public service. Departments are required to establish the necessary capacity to formulate fraud prevention and anti-corruption policies, receive and manage allegations of corruption, and investigate allegations of corruption and detected risks at a preliminary level. To manage ethics departments should inter alia identify early signs of a lack of discipline, improve the accountability and capacity of managers to manage discipline, and encourage managers to act against transgressions. However, various authors have been critical of the formulation of policies and the establishment of structures as a policy response to public service corruption. In their view, such an approach often leads to a reduction in the efficiency and effectiveness of public programmes, and even creates opportunities for corruption. In response to such deficiencies, some argue that a compliance-based approach to public service malfeasance should be supplemented by a value-based approach with an emphasis on the development of internal selfcontrol of individuals, the promotion of trust among employees, and the promotion of a culture of responsibility. In this context, this researcher proposes that the promotion of an ethical culture could enhance the implementation of the PSACS. In this dissertation, this researcher set out to evaluate, among others, the ethical culture of the Department of Correctional Services (DCS). It was decided that a survey would be the most appropriate data collection method. A questionnaire was administered and the data was captured, analysed and interpreted. Various statistical tests were performed and the findings suggest inter alia that the promotion of an ethical culture coincides with lower levels of observed malfeasance. Consequently, when greater clarity of operational and ethics policies is obtained, an increase occurs in both the severity and frequency of penalties for malfeasance, and officials gain greater access to resources and time to execute their responsibilities, the level of observed malfeasance is likely to be reduced. The promotion of an ethical culture could significantly enhance the implementation of the PSACS. / Public Administration / D. Litt. et Phil. (Public Administration)

The South African Government in 2002 accepted the Public Service Anti-Corruption Strategy (PSACS) with the objective to reduce the manifestation of malfeasance in the public service. The PSACS identified various goals and objectives to be achieved at both the systemic and departmental levels. At the departmental level, the PSACS set out to increase the institutional capacity of departmental institutions, and encourage the management of risk and of discipline in the public service. Departments are required to establish the necessary capacity to formulate fraud prevention and anti-corruption policies, receive and manage allegations of corruption, and investigate allegations of corruption and detected risks at a preliminary level. To manage ethics departments should inter alia identify early signs of a lack of discipline, improve the accountability and capacity of managers to manage discipline, and encourage managers to act against transgressions. However, various authors have been critical of the formulation of policies and the establishment of structures as a policy response to public service corruption. In their view, such an approach often leads to a reduction in the efficiency and effectiveness of public programmes, and even creates opportunities for corruption. In response to such deficiencies, some argue that a compliance-based approach to public service malfeasance should be supplemented by a value-based approach with an emphasis on the development of internal selfcontrol of individuals, the promotion of trust among employees, and the promotion of a culture of responsibility. In this context, this researcher proposes that the promotion of an ethical culture could enhance the implementation of the PSACS. In this dissertation, this researcher set out to evaluate, among others, the ethical culture of the Department of Correctional Services (DCS). It was decided that a survey would be the most appropriate data collection method. A questionnaire was administered and the data was captured, analysed and interpreted. Various statistical tests were performed and the findings suggest inter alia that the promotion of an ethical culture coincides with lower levels of observed malfeasance. Consequently, when greater clarity of operational and ethics policies is obtained, an increase occurs in both the severity and frequency of penalties for malfeasance, and officials gain greater access to resources and time to execute their responsibilities, the level of observed malfeasance is likely to be reduced. The promotion of an ethical culture could significantly enhance the implementation of the PSACS. / Public Administration and Management / D. Litt. et Phil. (Public Administration)

This study was encouraged by the fact that the theoretical terrain of ethics in public administration and management posits that, despite the existence of a code of conduct that regulates the conduct of municipal functionaries and councillors at local government sphere, the ethics in practice in general are still illusive. All this revolves around the main guiding research objective for this study which was to examine the reception of a code of conduct by municipal functionaries and councillors at the Capricorn District Municipality in the Limpopo Province. In exploring the main question of this study, the researcher developed an understanding of the concept ethics in Public Administration by selecting ethics theories namely: consequentialism, deontology and virtue theories. From the lesson learnt, it is evident that throwing around charges about which theory is truly ethical and which one should be followed or should guide municipal functionaries and councillors in making policy decisions is pointless. There is no ethical system which appeals to all people, or even to the same person in different situations. It is undoubtedly the case that consequentialists, deontologists and those who stand by virtue theories can each be sincere in believing their system embodies goodness and morality. The formulation of the Code of Conduct for the South African local government indicates the commitment of the South African government to enhancing ethical conduct. This Code contains a uniform set of ethical guidelines and applications for use throughout local government. It is also clear that the Code of Conduct has been drafted so as to be as clear as possible, but a detailed standard of conduct and disciplinary measures are not provided. This is a great challenge as it poses concerns about the accountability of municipal functionaries and councillors, and about how disciplinary measures on unethical conduct of politicians and officials should be handled. Chapter 3 forms an understanding of how culture, religion and language have ethical significance for community and tradition particularly when municipal functionaries and councillors make decisions. The promotion of an appropriate local government culture posits that, in order for a municipal manager and a mayor to make better decisions, they must take the need to understand the diversity of the local government into consideration. The most important point to be drawn from chapter 4 is that, besides legal instructions, the nature and influence of human behaviour through leadership and ethics infrastructure such as appointing an ethics officer and using whistle blowing as a system to enhance ethical conduct is important. In outlining the statutory and regulatory framework that directs public officials and politicians’ ethical conduct in South Africa, it was identified that South Africa is highly conscious of differences between individuals; therefore it is unlikely that legislation and current initiatives will suffice to enforce ethical behaviour among public officials, councillors and municipal functionaries. Another finding of this study is that the only official document available as the Code of Conduct for local government can be found in the Local Government Municipal Systems Act 32 of 2000 in Schedule 1 and 2, and also in the Local Government Municipal Structures Act 117 of 1998 in Schedule 5. This finding is an indicative that South African local government does not have an official Code of Conduct as a separate document for ethical conduct. Following this finding, the recommendation is therefore that a separate document should be designed, formulated and emphasised. / Public Administration and Management / D. Litt. et Phil. (Public Administration)

Text in English, abstract in English, Afrikaans and Northern Sotho / This study examines why post-colonial African states are not able to institutionalise the ideal ethical and democratic societies, given their access to international best practices and the abundance of human and natural resources; why the future of democracy in Africa remains uncertain despite the current efforts at democratisation; if western democracy can be implemented in Africa; why the West is able to produce better systems of governance; why leaders and managers find it daunting to create the kind of society that is inspiring, ethical, immune to bureaucracy, and that possesses excellent economic performance; how leaders, members of the community, bureaucrats, corporate executives and managers can contribute to the realisation of the ethical and ideal African state; and the options for alternative democratic order for the African continent. The inability of post-colonial African states to institute systems and strategies that adequately address the needs and expectations of their citizens has created chaos and anarchy that in some states can be likened to Hobbes state of nature where the weak is at the mercy of the strong and life is nasty, brutish and short. While the West has been largely blamed for playing a significant role in Africa’s inability to effectively manage itself, other theorists criticise African leaders and the community members for their inability to conduct themselves ethically and to implement a constructive and effective system of governance. It is imperative that African states devise adequate means of ethically administering their territories in a manner that meets societal expectations and needs, and in order to avoid intractable socio-political and economic complications. / Hierdie studie ondersoek die redes waarom postkoloniale Afrika-lande nie die ideale etiese en demokratiese samelewings instabiliseer nie, gegewe hul toegang tot internasionale beste praktyke en die oorvloed van menslike en natuurlike hulpbronne; waarom die toekoms van demokrasie in Afrika onduidelik bly ten spyte van die huidige pogings vir demokratisering; as westerse demokrasie in Afrika geïmplementeer kan word; waarom die Weste beter stelsels van bestuur kan lewer; hoekom leiers en bestuurders dit skrikwekkend vind om die soort samelewing wat inspirerend, eties, immuun vir burokrasie is, te skep en wat uitstekende ekonomiese prestasie besit; hoe leiers, lede van die gemeenskap, burokrate, korporatiewe bestuurders en bestuurders kan bydra tot die verwesenliking van die etiese en ideale Afrika-staat; en die opsies vir alternatiewe demokratiese orde vir die Afrika-kontinent. Die onvermoë van post-koloniale Afrika-state om stelsels en strategieë in te stel wat die behoeftes en verwagtinge van hul burgers voldoende aanspreek, het chaos en anargie geskep wat in sommige state vergelykbaar kan wees met Hobbes se toestand van die natuur, waar die swakeling aan die genade van die wat sterk is afhanklik is en die lewe ‘n nare, brutaal en kort lewe is. Terwyl die Weste grotendeels die blaam kry in terme van hul groot bydra in Afrika se onvermoë om homself doeltreffend te bestuur, kritiseer ander teoretici Afrika-leiers en die gemeenskapslede vir hul eie onvermoë om eties op te tree en om 'n konstruktiewe en effektiewe bestuurstelsel te implementeer. Dit is noodsaaklik dat Afrika-state voldoende middele voorsien om hul gebiede eties te administreer op 'n wyse wat voldoen aan maatskaplike verwagtinge en behoeftes, en om onwikkelbare sosio-politieke en ekonomiese komplikasies te vermy. / Thuto ye e lekola mabaka a gore ke eng dinaga tša ka morago ga bokoloneale di sa kgone go hloma dipeakanyo tša maswanedi tša maitshwaro le ditšhaba tša temokrasi, tšeo di filwego phihlelelo go ditiro tše kaonekaone tša boditšhabatšhaba le bontši bja methopo ya semotho le tlhago: ke ka lebaka la eng Bodikela bo kgona go tšweletša mekgwa ye kaone ya pušo; ke ka lebaka la eng baetapele le balaodi ba hwetša go le boima go hlama mokgwa wa setšhaba seo se nago le mafolofolo, maitshwaro, se sa huetšwego ke mokgwa wa pušo wo o diphetho di tšewago ke bahlanka ba mmušo bao ba sa kgethwago, gomme ba na le tiro ye kgahlišago ka ikonomi; ka moo baetapele, maloko a setšhaba, batšeasephetho ba mmušo ba sa kgethwago, malokopharephare a dikoporasi le balaodi ba ka aba mo go phihlelelong ya maitshwaro le naga ya maswanedi ya Afrika; le go dikgetho tša peakanyo ye e hlatlolanago ya temokrasi mo kontinenteng ya Afrika. Go se kgone ga dinaga tša ka morago ga bokoloneale go hlama mekgwa le maano ao a maleba a go bolela ka ga dinyakwa le ditetelo tša baagi ba bona di hlotše tlhakatlhakano le tlhokapušo yeo mo go dinaga tše dingwe e ka bapetšwago le naga ya Hobbes ka tlhago moo mofokodi a lego ka fase ga yo maatla gomme bophelo bo se bose, bo le šoro le go ba bjo bokopana. Mola Bodikela bo pharwa molato kudu mo go bapaleng karolo ye e tšweletšego mo go se kgonego ga Afrika go itaola ka tshwanelo, borateori ba bangwe ba solago baetapele ba Afrika le maloko a setšhaba mo go se kgonego go itshwara gabotse le go phethagatša mokgwa wo hlamilwego gabotse wo o šomago wa pušo. A bonagala gore dinaga tša Afrika di loga maano a makaone a go laola ka tshwanelo dinagadilete tša bona ka mokgwa wo o tla fihlelelago ditetelo tša setšhaba le dinyakwa, le gore go thibelwe go se boelemorago ga dipolotiki tša selegae le tlhakatlhakano ya ikonomi. / Philosophy, Practical and Systematic Theology / D. Litt. et Phil. (Philosophy)