The international year of fresh water represents the opportunity to look back at the seemingly irresistible movement toward privatization and at the devolution of State responsibilities in water and wastewater services. The welfare State appears to be increasingly ill-adapted to times dominated by globalisation and efficiency, while the market and the private corporations are presented as a panacea for solving the water crisis. But expectations of the market have not been met. This thesis analyses the debate over privatization of these services and the fondamental impacts on public values of introducing a market philosophy into this industry. Rather than witnessing a retreat of the State, its role is evolving although direct service provision is superseded by heavy regulation of the industry. In criticizing the neoclassical approach to the public good and regulation, the thesis argues that individualizing the process of valuing the public good fosters a culture of conflict and complexity that ultimately undermines our ability to formulate and achieve common goals. This creates an important accountability deficit. The need for environmental efficiency and democracy in an era of uncertainty requires that we search for means of expanding the reach of public values and thus suggests an even deeper reshaping of our governance structures, public and private.

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Municipalities in South Africa are increasingly outsourcing municipal services, including basic municipal services such as water and sanitation services and refuse collection and disposal. The Constitution places onerous duties on municipalities to respect and promote human rights in the exercise of the powers and the performance of their functions. These duties are particularly prevalent when a municipality is deciding on the optimal service delivery mechanism for basic municipal services. It is thus crucial for the policy and legislative environment regarding municipal outsourcing to be firm and clear and for the municipality to ensure satisfactory implementation of outsourcing projects, including contract management. This thesis examined the policy and legislative framework governing municipal outsourcing and described the general features of a range of current South African outsourcing contracts. It also questioned whether the policy and legislative framework are consistent in their objectives and assessed how these objectives are carried through and translated into the contract drafting and implementation phases of outsourcing.

The study also provides an overview of the impact of privatisation on human rights. To accomplish this objective, case studies of Zambia were undertaken within the concept of the social and economic impacts, seeking to answer six basic research questions posed: What were the objectives of the Zambian privatization programme? Was the privatization process executed according to the provisions of the Zambian Privatization Act of 1992 and 1996? How is the outcome of the privatization process perceived by Zambians, success or failure, what are some of the social and economic consequences of privatisation programme? What are the human rights implications of the privatization programme undertaken in Zambia? Mainly qualitative data collecting methods, involving semi-structured interviews, document analyses and direct observations of activities of the privatised companies were employed, to answer these questions. The study examines Zambia's background to privatisation, posits implications of privatisation on the realization of human rights, looks at the case study of privatisation of the ZCCM and the outcomes of privatisation. The study has been influenced by a number of conflicting divestiture evaluation outcomes: for some the Zambian privatization process represents a model programme, the 'most successful in Africa', which serves as an example for other developing African countries to emulate whilst for others, it is a "deeply flawed experience", resulting in negative social and economic consequences which permitted the withdrawal of the provision of social services, massive human rights violations and job losses. Based on evidence from these outcomes, the principal findings from the study suggest that Zambia's privatisation programme has had both negative and positive results. In reviewing the outcomes of the privatisation process, the intent is neither to justify nor reject privatisation, but rather, on the basis of past experience, to highlight key elements of outright failures and success and provide recommendations for future use. / Thesis (LL.M.)-University of KwaZulu-Natal, Westville, 2006.

Municipalities in South Africa are increasingly outsourcing municipal services, including basic municipal services such as water and sanitation services and refuse collection and disposal. The Constitution places onerous duties on municipalities to respect and promote human rights in the exercise of the powers and the performance of their functions. These duties are particularly prevalent when a municipality is deciding on the optimal service delivery mechanism for basic municipal services. It is thus crucial for the policy and legislative environment regarding municipal outsourcing to be firm and clear and for the municipality to ensure satisfactory implementation of outsourcing projects, including contract management. This thesis examined the policy and legislative framework governing municipal outsourcing and described the general features of a range of current South African outsourcing contracts. It also questioned whether the policy and legislative framework are consistent in their objectives and assessed how these objectives are carried through and translated into the contract drafting and implementation phases of outsourcing.

This Thesis deals with the national legal aspects of a particular space application: remote sensing by satellites, also referred to as earth observation systems. / Governments have been the leading providers and users of satellite imagery data since the advent of earth observation satellites (i.e. almost 40 years ago). However, this has changed, particularly in the United States, with several private companies having acquired and launched their own imaging satellite systems. This new trend towards commercialization and privatization of the remote sensing industry, which appeared firstly in the United States and which is now being extended to Canada, required a change in policy. The role played by the government policies and regulations in shaping the prospects for the emerging commercial remote sensing satellite firms is of critical importance. In this context, these policies and regulations will determine the conditions that will enable commercial firms to realize their competitive potential in both the domestic and international marketplace. / In this Thesis, a brief overview of the technical and historical legal backgrounds of remote sensing is provided. Then, the international legal framework of remote sensing is briefly analyzed. Finally, a thorough analysis of the policies, laws and regulations applicable within the United States and Canada is presented.

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Thesis (LLD)--Stellenbosch University, 2013. / Bibliography / ENGLISH ABSTRACT: The worsening scarcity of fresh water resources has led to an increasing number of people without sustainable access to safe water across the globe. Water privatisation has been presented as the panacea to addressing the global water crisis. Privatisation of water has heightened the impetus for the explicit recognition of water as a human right. This dissertation seeks to establish the legal status of the right to water under international human rights law. The dissertation further attempts to ascertain the scope and normative content of such a right. In order to answer these questions, this dissertation carries out a detailed analysis of the possible legal basis, scope and normative content of the right to water under international human rights law. The principal question that arises is how a State can ensure compliance with its human rights obligations in the event of involvement of non-State actors such as private corporations in the management and distribution of water services. This dissertation‘s main hypothesis is that although privatisation of water services does not relieve the State of its legal responsibility under international human rights law, such privatisation imposes certain obligations on private actors consistent with the right to water. The dissertation goes beyond articulating normative considerations and looks at implementation at the national level by highlighting good practices on the practical implementation of the right to water consistent with the normative standards imposed by the right. The dissertation‘s key contribution is its development of an accountability model to ensure that States and private actors involved in the provision of water services have clearly designated roles and responsibilities consistent with the human right to water. If properly implemented, the model has the potential to give greater specification to the normative commitments imposed by the right to water in privatisation scenarios. / AFRIKAANSE OPSOMMING: Die verergerende skaarste van vars water bronne het aanleiding gegee tot die toename in die hoeveelheid mense sonder volhoubare toegang tot veilige water oor die hele aarde. Dit word aangevoer dat die privatisering van water die wondermiddel is om die globale water krisis aan te spreek. Die privatisering van water het aanleiding gegee tot 'n verskerpte aandrang om water uitdruklik te erken as 'n mensereg. Hierdie proefskrif poog om die regsstatus van die reg tot water te vestig binne die raamwerk van internasionale menseregte. Die proefskrif probeer verder om vas te stel wat die omvang en normatiewe inhoud van so 'n reg sal wees. Vervolgens voltrek hierdie proefskrif 'n uitvoerige analise van die moontlike regsbasis, omvang en normatiewe inhoud van die reg tot water binne die raamwerk van internasionale menseregte. Die vernaamste vraag wat opduik is hoe 'n Staat kan verseker dat sy menseregte verpligtinge nagekom word waar nie-Regeringsrolspelers soos korporasies betrokke is by die bestuur en distribusie van waterdienste. Die kern hipotese van hierdie proefskrif is dat alhoewel die privatisering van waterdienste nie die Staat verlig van sy regsverpligtinge in terme van internasionale menseregte nie, sodanige privatisering sekere verpligtinge aan privaatrolspelers voorskryf wat in lyn is met die reg op water. Hierdie proefskrif gaan verder as die artikulering van normatiewe oorwegings en kyk ook na die implementering op nasionale vlak deur goeie praktyke uit te lig met betrekking tot die prakiese implementering van die reg tot water wat konsekwent is met die normatiewe standaarde wat die reg voorskryf. Die kern bydrae van hierdie proefskrif is die ontwikkeling van 'n aanspreeklikheismodel wat versker dat Regerings en privaat rolspelers wat betrokke is by die voorsiening van waterdienste duidelik aangewysde funksies en verantwoordelikhede het wat in lyn is met die reg tot water. Indien hierdie model behoorlik implementeer word, het dit die potensiaal om grooter spesifikasie te gee aan die normatiewe verpligtinge wat deur die reg tot water voorgeskryf word in privatiserings scenarios.

This study generally centres on the debate about the impact of privatisation on socio-economic rights and services. The specific objective of the study is to establish whether the privatisation of water services in South Africa has led to denial of access, either through the lack of availability of a commercialised, cost-recovery service, or denial of access because of hight rates and resultant inability to pay. The study analysed how this has impacted on the states constitutional and international human rights obligation and how the resultant problems can be addressed. It examines whether or not privatisation, which is basically aimed at improving service delivery and bringing countries in line with globalisation principles, has actually achieved that objective.

This study generally centres on the debate about the impact of privatisation on socio-economic rights and services. The specific objective of the study is to establish whether the privatisation of water services in South Africa has led to denial of access, either through the lack of availability of a commercialised, cost-recovery service, or denial of access because of hight rates and resultant inability to pay. The study analysed how this has impacted on the states constitutional and international human rights obligation and how the resultant problems can be addressed. It examines whether or not privatisation, which is basically aimed at improving service delivery and bringing countries in line with globalisation principles, has actually achieved that objective.