The control of environmentally damaging activities has become one of the most important areas for concern in recent years. The amount of legislation relating to this subject area has increased several-fold, with European Directives and domestic laws being introduced in response to pressure from a variety of avenues. Key studies on the enforcement of environmental law have been carried out. However, this work was undertaken prior to the expansion of legislative provisions at the start of the 1990s. In the light of this new legislation,n ew regulatorya genciesa, ndc hangingp ublic opinion, the following researcha imsw ere formulated: 1. To assess the approach to enforcement by regulatory agencies (co-operation versus confrontation). 2. To determinet he extent and rate of utilisation of enforcemenmt ethodsb y the regulatory authorities, and the reasons for non-utilisation. 3. To determine which factors influence the strategic decision making process, and to measure the relative importance of each factor. 4. To investigate the types of enforcement policies prevalent in regulatory agencies and evaluate their varying levels of effectiveness. 5. To determine the level of consistency in the approach to enforcement within and between regulatory agencies. 6. To examine the consistency of the levels of penalties applied by the courts. 7. To suggest improvements to the system where required. The first phase of the research involved a postal questionnaire to local authorities. This was followed by structured interviews with NRA and HMIP personnel. An assessment of the consistency of the regulators' enforcement action was made through responses to a regulated community questionnaire, and an appraisal of the consistency of penalties applied by the courts was achieved by analysis of case reports. The main findings from the research were: I. Regulatory agencies adopted a co-operative enforcement approach in the first instance, followed by more stringent action if required. 2. Most regulatory bodies did not use the full array of enforcement methods at their disposal. 3. A large variety of factors relating to the incident affects the decision making process. 4. Not all local authorities had an enforcement policy. Of those that did, a wide variation in the type of enforcement policies existed. 5. Regulators were found to be inconsistent in their enforcement practices. 6. The levels of penalties applied by the courts were also found to be inconsistent. Improvements to the system were suggested as a result of these research findings.

Magister Pharmaceuticae - MPharm / Medicines registration decision-making and regulatory best practice involve transparent and consistent rule making and processes with publicly available published assessment decisions and reports (Kaine, 2020). Publication of information relating to evaluation of medicines in the form of Public Assessment Reports (PARs) is one way of ensuring transparency in medicines registration decision making. It is however not clear whether National Medicines Regulatory Authorities (NMRAs) in the Southern African Development Community (SADC) region are in a position to generate or even publish such PARs / summary basis for registration of medicines. Objectives: The study investigated transparency in medicines registration decision-making processes for NMRAs within the SADC region. Specifically, the availability or non-availability of PARs / Summary basis for registration of medicinal products. To establish if all SADC NMRAs have legislative frameworks for regulating medicines and to investigate the sources of funding for SADC NMRAs. Methods: A cross-sectional exploratory descriptive study design with qualitative techniques by questionnaire as a data collection tool was used. Questionnaires were sent via email to senior members / key informants of 11 regulatory authorities belonging to SADC. Trend analysis was conducted based on the emerging themes from questionnaire response. Results The study revealed that currently five (5) NMRAs are operating as semi-autonomous agencies namely: BOMRA, MCAZ, PMRA, SAHPRA and TMDA .While NMRC, DNME of Angola, ACOREP of DRC and DNF of Mozambique are functioning within their respective Ministries of Health Departments. Furthermore, all NMRAs have a legislation framework governing the regulation of medicines in their respective jurisdictions. However, DNME of Angola’s legal framework is not yet officially formalised and as such, they follow a Presidential decree enacted in 2010. Four (4) of nine (9) NMRAs (44 %) reported to have more than 20 internal assessors / evaluators. This indicates a significant milestone for SADC NMRAs in terms of capacity building within the region. The study findings indicated that the SADC NMRAs are receiving funding from multiple sources ranging from a minimum of one to maximum of four funding sources. There were only two NMRAs, MCAZ and PMRA, that were not receiving funding from their governments. The study results further indicates that only TMDA is able to generate and publish PARs amongst SADC NMRAs. Conclusions: The findings in this study suggest that the majority of NMRAs within SADC are not yet matured as compared to countries in the developed world such as the US, Europe, Canada and Australia. It can also be concluded that for SADC NMRAs to be efficient and responsive, they will require massive financial resources. For example, the budget for a matured NMRA such as the US Food and Drug Administration (US FDA) for the 2019 financial year was estimated at US$ 5.7 billion. Literature further indicates that publication of the summary basis of approval or PARs is a norm for mature NMRAs and acts as a tool for regulatory authorities to build and establish confidence in their review processes and provides assurance regarding safety of medicines. The study results indicate that TMDA is publishing PARs or summary of grounds on which approvals are granted. This demonstrates a significant level of transparency in the TMDA medicines registration processes and therefore other SADC NMRAs can benchmark with TMDA to implement this key parameter.

ABSTRACT REGULATORY FRAMEWORK OF THE SECTOR-SPECIFIC AND COMPETITION RULES IN THE TELECOMMUNICATIONS SECTOR IN TURKEY IN THE LIGHT OF THE EU LAW Aydemir, Duygu M.S., Department of European Studies Supervisor: Assist. Prof. Dr. Gamze As&ccedil / ioglu-&Ouml / z May 2008, 189 pages This thesis examines the role of the sector-specific rules and competition rules in the liberalized telecommunications markets. It aims to analyse the design of the legal and institutional framework of these two sets of rules in the liberalized telecommunications sector in Turkey in the light of the EU law. To this purpose, the thesis initially compares and contrasts the main characteristics of and shared responsibilities between the sector-specific and economy-wide competition rules and institutions in the post-liberalization and post-privatization period. Then, the thesis explores the EU approach on the balance of influence between these two sets of rules and institutions. Against this background, the thesis examines role, design and interaction of the sector-specific and competition rules and institutions in the recently liberalized Turkish telecommunications markets. It, also, analyses some important competition law cases concluded by the Competition Authority. The thesis has two main arguments. Firstly, it argues that liberalization and privatization in the telecommunications sector does not automatically lead to the competitive environment in the sector. Competitiveness of the markets after the postliberalization and post-privatization period critically depends on the existence of a robust, coherent, and transparent regulatory framework ensuring a smooth balance between the sector-specific and the competition rules and institutions. Second argument is that sector-specific rules have a transitional character. As telecommunications markets move towards effective competition, sector-specific regulation will be reduced and the role of the competition rules in those markets will increase.

Même si la régulation est associée à l’apparition de nouvelles formes de normativité, les actes administratifs unilatéraux occupent une place importante parmi ses différents outils. Envisagée comme une police spéciale visant la protection de l’ordre public économique, la régulation trouve dans les actes administratifs unilatéraux ses moyens d’exercice naturels. Il y a quatre types d’actes administratifs unilatéraux de régulation : les autorisations d’accès au marché, les actes réglementaires qui fixent les conditions d’exercice de la concurrence en son sein, les actes de règlement des différends et les décisions adoptées en matière de sanction. Au sein du système de régulation par voie d’actes administratifs unilatéraux se rencontrent plusieurs objectifs qui participent à la confection d’un régime inédit. L’étude du régime des actes administratifs unilatéraux de régulation confirme leur spécificité. Celle-ci se manifeste tout au long de leur cycle de vie. Adoptés par des autorités administratives indépendantes, ces actes peuvent être précédés d’une consultation publique, attribués après mise en concurrence des opérateurs ou cédés par leurs titulaires. Les évolutions que connaît leur régime les rapproche du droit souple, au point de rendre parfois difficile la distinction entre les deux instruments pour les opérateurs et le juge, au détriment de la sécurité juridique. Le juge administratif occupe une place centrale au sein du mécanisme de régulation. Confronté à un mécanisme normatif à deux vitesses et aux exigences que pose la régulation, il est amené à faire évoluer ses méthodes de contrôle et à construire progressivement son office de juge de la régulation. / Regardless of the fact that sectoral regulation is usually associated with the emergence of new forms of normativity, unilateral administrative acts have a prominent place among its various instruments. Conceived of as a special mission of the Administration whose main objective is the protection of public economic order, sectoral regulation is indeed normally exercised through unilateral administrative acts. There are four types of unilateral administrative acts that serve as instruments to sectoral regulation: decisions authorising access to the market, regulatory acts that set the conditions for competition in the market, dispute resolution decisions and decisions imposing sanctions. Regulating through unilateral administrative acts serves various objectives leading to a unique regime. Studying the latter confirms the specificity of these acts, a specificity that is evident throughout their life cycle. Adopted by independent administrative authorities, these acts can be submitted to public consultation, attributed to the operators on the basis of a competitive tender or transferred from one beneficiary to another. The evolution of their regime raises the question of their relationship with soft law: the distinction between the two instruments can at times be difficult both for the operators and the judge at the expense of legal security. The Administrative Judge plays a central role in the mecanism of sectoral regulation. Confronted with a two-geared normative mechanism and with the obligations that derive from sectoral regulation, his control methods are destined to evolve and his role as a regulatory judge is progressively refined.

La coopération entre les autorités de régulation en matière de communications électroniques et d’énergie s’inscrit dans le contexte de mutation de l’administration européenne qui est intervenue au fil des deux dernières décennies. Son architecture institutionnelle est marquée par la forte européanisation des autorités de régulation,laquelle est le résultat de l’harmonisation opérée par le droit de l’Union européenne et de la diffusion de meilleures pratiques. La coopération entre les autorités de régulation se fonde néanmoins sur des principes juridiques flous en droit primaire. Elle est de plus marquée par l’ambigüité de la délégation des pouvoirs à l’échelle de l’Union européenne. Dans les deux secteurs étudiés, elle traduit l’hybridation des modèles de gouvernance que sont les « agences de l’Union européenne » et les « réseaux d’autorités », car elle a donné naissance à une « agence en réseau » puissante dans le domaine de l’énergie - l’ACRE- et à un « réseau agenciarisé » faible en matière de communications électroniques– l’ORECE.Pour assurer l’effectivité de l’ « Union de droit », les actes de ces organismes de l’Unioneuropéenne sont contrôlés par le juge de l’Union européenne, dont la saisine par lesparticuliers reste malheureusement difficile. Dans ce contexte, le Médiateur européen présente un potentiel fort en tant qu’instance de contrôle complémentaire. Quant au prétendu déficit démocratique souligné par les détracteurs de l’Union européenne, il est ici démenti car le Parlement européen assure un contrôle démocratique efficace sur les organismes étudiés. Si ses moyens de contrôle politique sont largement informels et méritent d’être approfondis, le contrôle qu’il exerce dans le cadre de la procédure de décharge budgétaire peut, quant à lui, déboucher sur une transformation de l’architecture institutionnelle des organismes étudiés. / The cooperation among regulatory authorities in the field of electronic communications and energy takes place against the background of the transformation of the european administration in the last two decades. Its institutional design bears the mark of the europeanisation of regulators through the harmonisation brought about by EU law and the diffusion of best practices. The cooperation among regulatory authorities is formalised on the basis of a primary law that is vague. It is also marked by ambiguity with regard to the delegation of pouvoirs on a European level. In the sectors of energy and electronic communications, it reflects the « hybrisation » of two models of governance, European agencies and networks, giving birth to a powerful « network agency » in the field of energy-the ACER- and a weak « agenciarised network » in the field of electronic communications- the BEREC. The control of the acts of these two organisms in a « Union of law » is ensured by the Cour of justice of the European Union which is, however, difficult to accessfor individuals. In this context, the European Ombudsman demonstrates a real potential as a complementary forum of control. Against a priori hypotheses with respect to the democratic deficit of the European Union, the European Parliament effectively ensures the democratic control of ACER and BEREC. Even if its means of political control are largelyinformal and should be better defined, the control it exercices in the context of the budgetary discharge procedure is capable of transforming the institutional design of the above mentioned organisms.

Social media are common channels for organisational communication the world over. This study explores the perceptions and attitudes towards social media that encourage or impede the effective use of such media in communication departments in Mbabane Eswatini. To ascertain this, the researcher undertakes a robust literature review to determine the sources of these perceptions as encapsulated in the problem statement of the study. Thereafter, the researcher thereby conducts an exploratory study on four regulatory authorities in Mbabane Eswatini and uses an open-ended questionnaire to obtain the qualitative data. Additionally, secondary data sources are analysed which include social media pages of the study population, newspapers, reports, research papers, e-books and journals. Summartively the research finds largely positive perceptions towards social media use in regulatory authorities in Mbabane Eswatini with most communication officers taking part in this study regarding social media as beneficial platforms due to their measurability, affordability and wide reach. Furthermore, the study outlines the theory of social media usage further highlighting the growing importance of social media as salient features in the private and organisational lives of present-day societies. As established from the study, social media can be beneficial as they can foster business relationships sorely through virtual interactions as outlined in the literature review. Additionally, social predispositions and organisational norms can influence perceptions and attitudes towards social media use. Over and above the use of these media for organisational communication, they can promote departmental efficiency as expressed by the respondents in this study. / Communication Science / M.A. (Communication Science)

Quality assurance has been a vexed and troubled journey for private providers in South Africa in a complex and burdensome educational environment. It is well recognised that private providers are significant role-players in the provision of education and training in South Africa and the stated intention is to create a more enabling regulatory framework The focus of this thesis is on the private providers at the post-school level. The quality assurance regime was examined and contextualised to analyse what is required, and to determine how the private provider is impacted by the regulatory requirements for the establishment and operation of a private tuition provider in South Africa. The experience of private providers, CEOs of professional bodies, ETQA managers and ETD practitioners was investigated using a mixed methods research approach. The conclusion is a call for a far more streamlined system with a centralised oversight body, greater stakeholder consultation, less political interference and a deeper appreciation for the contribution that private providers make to the education of learners in South Africa. / Educational Leadership and Management / D. Ed. (Education Management)

Quality assurance has been a vexed and troubled journey for private providers in South Africa in a complex and burdensome educational environment. It is well recognised that private providers are significant role-players in the provision of education and training in South Africa and the stated intention is to create a more enabling regulatory framework The focus of this thesis is on the private providers at the post-school level. The quality assurance regime was examined and contextualised to analyse what is required, and to determine how the private provider is impacted by the regulatory requirements for the establishment and operation of a private tuition provider in South Africa. The experience of private providers, CEOs of professional bodies, ETQA managers and ETD practitioners was investigated using a mixed methods research approach. The conclusion is a call for a far more streamlined system with a centralised oversight body, greater stakeholder consultation, less political interference and a deeper appreciation for the contribution that private providers make to the education of learners in South Africa. / Educational Leadership and Management / D. Ed. (Education Management)

The desire to enhance and make ourselves better is not a new one and it has continued to intrigue throughout the ages. Individuals have continued to seek ways to improve and enhance their well-being for example through nutrition, physical exercise, education and so on. Crucial to this improvement of their well-being is improving their ability to remember. Hence, people interested in improving their well-being, are often interested in memory as well. The rationale being that memory is crucial to our well-being. The desire to improve one’s memory then is almost certainly as old as the desire to improve one’s well-being. Traditionally, people have used different means in an attempt to enhance their memories: for example in learning through storytelling, studying, and apprenticeship. In remembering through practices like mnemonics, repetition, singing, and drumming. In retaining, storing and consolidating memories through nutrition and stimulants like coffee to help keep awake; and by external aids like notepads and computers. In forgetting through rituals and rites. Recent scientific advances in biotechnology, nanotechnology, molecular biology, neuroscience, and information technologies, present a wide variety of technologies to enhance many different aspects of human functioning. Thus, some commentators have identified human enhancement as central and one of the most fascinating subject in bioethics in the last two decades. Within, this period, most of the commentators have addressed the Ethical, Social, Legal and Policy (ESLP) issues in human enhancements as a whole as opposed to specific enhancements. However, this is problematic and recently various commentators have found this to be deficient and called for a contextualized case-by-case analysis to human enhancements for example genetic enhancement, moral enhancement, and in my case memory enhancement (ME). The rationale being that the reasons for accepting/rejecting a particular enhancement vary depending on the enhancement itself. Given this enormous variation, moral and legal generalizations about all enhancement processes and technologies are unwise and they should instead be evaluated individually. Taking this as a point of departure, this research will focus specifically on making a case for ME and in doing so assessing the ESLP implications arising from ME. My analysis will draw on the already existing literature for and against enhancement, especially in part two of this thesis; but it will be novel in providing a much more in-depth analysis of ME. From this perspective, I will contribute to the ME debate through two reviews that address the question how we enhance the memory, and through four original papers discussed in part three of this thesis, where I examine and evaluate critically specific ESLP issues that arise with the use of ME. In the conclusion, I will amalgamate all my contribution to the ME debate and suggest the future direction for the ME debate.