After coming into government in 1994, the African National Congress (ANC) committed and became a signatory to some of the international, regional and national instruments for human rights and social security such as the International Covenant on Economic, Social and Cultural Rights (ICESCR). The Constitution of the Republic of South Africa, 1996 (Section 27(1) (c)), makes specific provision for the promotion and recognition of human rights such as social and economic rights, provision of health, water, shelter and social security. This includes provision for appropriate social assistance to people who are unable to support themselves and their dependants. For human rights to be effectively realised, policies governing the administration of social grants needed to be updated to address all the inequalities of the past and poverty. Before 1994, the formulation and operationalisation of policy in South Africa was characterised by a lack of transparency, while participation and the inclusion of all affected stakeholders was limited. To address this situation, the primary objective of this study was to develop a policymaking framework for the effective implementation of social assistance by the Department of Social Development (DSD) and the South African Social Security Agency (SASSA). The study included an assessment of the extent to which the existing policy-making framework for social assistance in South Africa has affected policy implementation within and between SASSA and DSD. To achieve this primary objective, a number of secondary objectives had to be achieved. These included: • To explore and conduct a literature survey on the prevailing theories and models of the existing theoretical framework and principles of the public policy-making process and policy implementation; • To analyse statutory, regulatory requirements and guidelines defining the functionality and relationship between DSD and SASSA in the implementation of the social assistance programme; and • To develop guidelines and propose key recommendations on how DSD and SASSA can improve on policy-making processes to achieve a more effective implementation of the social assistance programme. A case study design was followed for data collection, with SASSA Gauteng region as case study. Data was collected by means of interviews using an interview schedule, and was conducted with both regional and local office staff as units of analysis. The empirical findings emanating from the interviews indicated that, although there is some collaboration between DSD and SASSA during the policy-making processes, there are strong indications that this is not cascaded down to the operational levels for implementation. All of the interview participants agreed that the nature of current policy processes is reactionary to problems facing the South African Government. Participants maintained that there is limited or no consultation between DSD and SASSA before any agenda-setting process to determine the level of commitment and buy-in from stakeholders. Within the policy-making context public participation as defined by the UNDP (1981:5) in Cloete and De Coning (2011:91) entails the creation of opportunities that enable all members of a community and the larger society to actively contribute to and influence the development process and to share in the fruits of development. According to the findings, policy formulation and implementation between DSD and SASSA require people with specific policy formulation, policy analysis and general research skills. Monitoring and effective evaluation of impact and analysis of the policy should also be considered as one of the key areas requiring urgent improvement. The recommendations provided are aimed at assisting both DSD and SASSA, in terms of social assistance, and to add value to the current policy-making, implementation, and service delivery processes. / M Public Administration, North-West University, Potchefstroom Campus, 2015

After coming into government in 1994, the African National Congress (ANC) committed and became a signatory to some of the international, regional and national instruments for human rights and social security such as the International Covenant on Economic, Social and Cultural Rights (ICESCR). The Constitution of the Republic of South Africa, 1996 (Section 27(1) (c)), makes specific provision for the promotion and recognition of human rights such as social and economic rights, provision of health, water, shelter and social security. This includes provision for appropriate social assistance to people who are unable to support themselves and their dependants. For human rights to be effectively realised, policies governing the administration of social grants needed to be updated to address all the inequalities of the past and poverty. Before 1994, the formulation and operationalisation of policy in South Africa was characterised by a lack of transparency, while participation and the inclusion of all affected stakeholders was limited. To address this situation, the primary objective of this study was to develop a policymaking framework for the effective implementation of social assistance by the Department of Social Development (DSD) and the South African Social Security Agency (SASSA). The study included an assessment of the extent to which the existing policy-making framework for social assistance in South Africa has affected policy implementation within and between SASSA and DSD. To achieve this primary objective, a number of secondary objectives had to be achieved. These included: • To explore and conduct a literature survey on the prevailing theories and models of the existing theoretical framework and principles of the public policy-making process and policy implementation; • To analyse statutory, regulatory requirements and guidelines defining the functionality and relationship between DSD and SASSA in the implementation of the social assistance programme; and • To develop guidelines and propose key recommendations on how DSD and SASSA can improve on policy-making processes to achieve a more effective implementation of the social assistance programme. A case study design was followed for data collection, with SASSA Gauteng region as case study. Data was collected by means of interviews using an interview schedule, and was conducted with both regional and local office staff as units of analysis. The empirical findings emanating from the interviews indicated that, although there is some collaboration between DSD and SASSA during the policy-making processes, there are strong indications that this is not cascaded down to the operational levels for implementation. All of the interview participants agreed that the nature of current policy processes is reactionary to problems facing the South African Government. Participants maintained that there is limited or no consultation between DSD and SASSA before any agenda-setting process to determine the level of commitment and buy-in from stakeholders. Within the policy-making context public participation as defined by the UNDP (1981:5) in Cloete and De Coning (2011:91) entails the creation of opportunities that enable all members of a community and the larger society to actively contribute to and influence the development process and to share in the fruits of development. According to the findings, policy formulation and implementation between DSD and SASSA require people with specific policy formulation, policy analysis and general research skills. Monitoring and effective evaluation of impact and analysis of the policy should also be considered as one of the key areas requiring urgent improvement. The recommendations provided are aimed at assisting both DSD and SASSA, in terms of social assistance, and to add value to the current policy-making, implementation, and service delivery processes. / M Public Administration, North-West University, Potchefstroom Campus, 2015

This dissertation serves as a legal analysis of a crucial labour issue, namely old age and retirement, which inevitably affects, or at least concerns, all employees, this dissertation will concentrate on the legal analysis of the principles which currently regulate the fairness of any termination of employment due to an employee reaching a certain age. The subject is deemed to be both relevant and actual, due to the relatively new amendment to one the Social Assistance Amendment Act, Act number 6 of 2008, whereby the retirement age of men has periodically been lowered from 65 to 60. The introduction to the last mentioned Act states to purpose of the Amendment Act, namely: “To amend the Social Assistance Act, 2004, so as to regulate afresh the eligibility of men for an older person's grant”. This inevitably had an impact on employers’ policies, relevant contractual clauses and the operational aspects of many businesses. Our society needs to protect the norms of fairness in not only the dismissal of employees, but also with regard to pre-employment interviews, advertisements, requirements set by labour brokers, etcetera. Any such similar study will inevitably lead to the question of what the most severe sanction could be when it is ruled that a dismissal is automatically unfair. The issue of retirement is a constitutionally enshrined and protected right and The Labour Relations Act honours this right by also providing “double the protection” against discrimination merely due to old age. This dissertation will concentrate on the latter part of the scale of unfairness, namely automatically unfair dismissals, which inevitably leads to a study of that fine line or balance between unfairness of a dismissal, which is not based on any arbitrary discriminatory ground as opposed to those dismissals which are. Firstly, the starting point is the pre-requisites / requirements for dismissal. Secondly distinction in labour law between “unfair dismissal” and “automatically unfair dismissal” is focused on. This entails a look at the meanings as set out in Sections 186 (1) and Section 187, especially Section 187 (1) (f). Thirdly a study of the Employment Equity Act’s prohibition of unfair discrimination as set out in Chapter II, Sections 5 to 11 will provide more clarity on the reason why not only the Labour Relations Act deals with or should deal with discrimination. Fourthly, the Social Assistance Amendment Act’s amendment of retirement age for males and the impact on the labour market in the RSA will be examined Thereafter, a brief comparison of certain countries’ legislation, practice and procedure on unfair discrimination due to old age, will be set out. It is the author of this dissertation’s objectives to:. <ul> (i) attempt to bring the impact of the Social Assistance Amendment Act, Act number 6 of 2008, to the attention of South African employers, employees and the State; (ii) highlight the need for employer’s to tread carefully when dealing with aspects which may easily be deemed to be automatically unfair; (iii) clarify the murky waters between fair dismissals and automatically unfair dismissals; (iv) present the cases “walking the tightrope” to provide more clarity and insight into the reasoning of Commissioners and Judges; (v) elaborate on the compulsory referral of automatically unfair dismissals to the Labour Court; (vi) Analyse the relevant Constitutional clauses and consequences of contravention thereof; (vii) Point out all relevant aspects of the Prevention of Unfair Discrimination Act, Act number 4 of 2000; (viii) Shine a spotlight on the expanding realm of Social Security and the impacts thereof on this topic of discussion and ‘visa versa’; (ix) Attempt to provide answers to the self-posed question of whether or not the gap between unfair and automatically unfair dismissals should be broadened or narrowed, and; (x) take a brief, critical look into the cost effectiveness and accessibility of employees to our tribunals and Courts to satisfy employees that their rights are indeed easily enforceable. </ul> / Dissertation (LLM)--University of Pretoria, 2012. / Mercantile Law / unrestricted