This study attempts to make a contribution to the debate on the role of South Africa within Southern African Development Community. An attempt is made to analyse this role within the context of regional integration debate. This role has been conceptualised within the dichotomies of hegemon versus partner. The study argues that South Africa is a hegemon in the region of SADC, and that given its overarching economic dominance and it has the potential of establishing its hegemony in the region. It maintains that there are several factors, which could facilitate South Africa's hegemonic dominance such as in military, technology and manufacturing sector. It concludes by arguing that given the changing geopolitical factors both within the region and the globe impedes South Africa from firmly expressing this hegemonic dominance. Furthermore, South Africa's pioneering role in the struggle to change the status quo globally in favour of the Southern states is another crucial factor, which imposes limitations on its hegemonic intentions regionally.

The aim of this study was to develop a framework that makes explicit some of the core norms and indicators of hydrosolidarity and to assess whether regional and basin-level multilateral water regimes in SADC are able to promote and apply the identified norms and indicators. This is a relevant aim given that water availability and provision is a challenge in this water scarce region. This is further complicated by the reality that transboundary water contains 68 percent of the area of the SADC region; it provides for 74 percent of the region’s people and constitutes 91 percent of the available surface water resources in the region. In a region where fresh water is both fundamentally scarce and shared, it becomes critical to best govern water so as to respond to the needs of water-related ecosystems which transcend political boundaries as well as the complex spectrum of social actors and forces that place demands on the resource. Hydrosolidarity is a concept that aims to respond to this challenge. The concept has not, however, been distilled into a framework for analysing the effectiveness of transboundary water governance. Also, International Relations (IR) has extensive scholarship on the closely related ideas of cooperation, regimes and international organisations. This literature has not, however, been systematically linked to a framework for analysing whether water regimes can deliver on the indicators of hydrosolidarity. This context gives rise to a core research question which focused on the extent to which SADC Water Sector (WS) (a regional water regime) and the Orange-Senqu River Basin 214 Commission (ORASECOM) (a basin level water regime) can foster hydrosolidarity in Southern Africa. The assumption and thesis statement is that water regimes in SADC offer a partial promotion of hydrosolidarity by developing cooperative institutional structures that allow for the development of norms and standards of behaviour, but are not able to create enhanced integration and linkages beyond the water sector or to deal with issues relating to holistic stakeholder participation. This research question is unpacked through four subquestions. The first question considers the extent to which hydrosolidarity contributes to an understanding of an ideal for transboundary water governance. The second analyses whether water regimes can foster hydrosolidarity. The third considers if regional and basinlevel water regimes exist in SADC, and if so, how they manifest. The last considers whether SADC WS and ORASECOM do actually foster hydrosolidarity in practise. The task of developing a theoretical framework for analysing hydrosolidarity in a transboundary context results in a set of norms and indicators being clarified. The norms of hydrosolidarity include cooperation and solidarity, equity, inclusivity, promotion of human well-being and environmental sustainability around transboundary waters. Linked to these norms are a set of indicators that can be used to identify and work towards hydrosolidarity. These include striving for shared knowledge about transboundary rivers, enhanced integration and linkages between relevant actors, issue areas and governance structures, organisational structures for fostering transboundary water governance, stakeholder involvement in transboundary water governance processes, and development of a normative framework for transboundary water governance. These norms and indicators are also systematically linked to the characteristics and functions of multilateral water regimes. When applying this framework to the two case study areas, it emerges that SADC WS and ORASECOM can only partially foster and promote the norms and indicators of hydrosolidarity in SADC. Whilst all the norms and indicators are present in the agreements and practices of the regimes, there are certain limitations to the extent to which the norms and indicators can be entrenched. There are three main reasons for this. Firstly, the regimes are confronted with various capacity constraints. Secondly, the regimes have a limited advisory and technical mandate, meaning that they cannot enforce their recommendations or actually implement anything in the domestic jurisdiction of member states without express permission. Thirdly, the regime structure itself is limited by its theoretical assumptions which emphasise the authority of states, the importance of state sovereignty and the importance of a Western-centric, positivist type of scientific knowledge as being the most authoritative statements of truth with which to guide policy. In order to fully achieve hydrosolidarity, a more complex set of actors needs to work in collaboration with these water regimes. These other actors include national governments, pre-existing bilateral arrangements in the basin, non-state actors and civil society. The theoretical contribution of this dissertation from a water perspective is a clarification of the norms and indicators of hydrosolidarity. From an IR perspective, it illustrates how important a multi-theoretical lens is when analysing complex problems, as it helps to elucidate the strengths and weaknesses of a variety of individual theoretical stances. The practical contribution of this dissertation is to provide a clearer understanding of the capacity of water regimes to deliver on the outlined norms and indicators of hydrosolidarity. / Dissertation (MA)--University of Pretoria, 2014. / gm2014 / Political Sciences / unrestricted

Given the growing effect that globalisation and integration has had upon economies and regions, the process of monetary union has become an increasingly topical issue in economic policy debates. This has been driven in part by the experience and successes of the European Monetary Union (EMU), which is widely perceived as beneficial to member countries. The Southern African Development Community (SADC) is an example of a group of countries that has realised that there are benefits that may arise from economic integration. This paper makes use of an interest-rate pass through model to investigate whether the pass-through of monetary policy transmission in ten SADC countries has become more similar between January 1990 and December 2007 using monthly interest rate data. This is done to determine the extent of macroeconomic convergence that prevails within SADC, and consequently establish whether the formation of a regional monetary union is feasible. The results of the empirical pass-through model were robust and show that there are certain countries that have a more efficient and similar monetary transmission process than others. In particular, the countries that form the Common Monetary Area (CMA) and the Southern African Customs Union (SACU) tend to show evidence of convergence in monetary policy transmission, especially since 2000. In addition, from analysis of the long-run pass-through, the results reveal that there is evidence that Malawi and Zambia have shown signs of convergence toward the countries that form the CMA and SACU, in terms of monetary policy transmission. The study concludes that a SADC wide monetary union is currently not feasible based on the evidence provided from the results of the pass-through analysis. Despite this, it can be tentatively suggested that the CMA may be expanded to include Botswana, Malawi and Zambia.

Masters administration (M. Admin) / The tri-partite initiative in and for Africa has been accompanied by high levels of optimism since its political endorsement in 2008. It provides for an opportunity to resolve a host of problems with regards to regional integration in Eastern and Southern Africa. The overall aim of this study is to explore the prospects and challenges towards realising the Tri-partite Free Trade Area (T-FTA) in and for Africa. This study is pragmatic and implicitly seeks to uncover how the T-FTA could contribute to the African Regional Integration Project (ARIP), given the challenges that regional integration face in Africa. Regional integration has a long and rich history in Africa, which started at thehave been weak since the start and persist in its superficial nature with littledevelopmental impact. The reasons for the lack of meaningful integration in Africa are wide-ranging and span national, regional and system level analytical viewpoints. They encompass areas such as developmental levels, political will, respect for regional architecture, overlapping membership and the Economic Partnership Agreements (EPAs). These factors impact on the integration process in Africa and explain in varied ways why there has been little comprehensive economic integration. The starting point was to define the complex concept of regional integration. The dominant factors that define and affect regional integration in this study are that it is a state-based exercise, driven by economic integration, and influenced by the global political economy of the day. It was determined that Africa has adapted its regional integration strategies according to the shifts and influences in the global political economy on states, emanating from the post WWII period to the present day. The mpact of the global economy on Africa since independence was great and is viewed impact on the integration process. Regional integration is essentially a state to state pursuit for integration. Essentially, regional integration is being pursued by states that are still struggling to consolidate statehood, and this leaves little space to move towards a regional approach. However, given the dynamics of a globalised world, regional integration as a strategy is no longer questioned in Africa and is an important component of its developmental agenda. Clarifying the T-FTA was important, and this was done in order to highlight what the tri-partite initiative is and is not. This provided for an opportunity to investigate what the dominant areas are that have informed the emergence of the tri-partite process. The former was found to be largely economic in nature, focusing on harmonising the trade regimes of COMESA, EAC and SADC as a primary motivation. The tri-partite initiative will facilitate and encourage the harmonisation of trade regimes by stressing market integration, infrastructure development and industrialisation, coupled by a developmental approach. This is promising, as the tri-partite initiative seeks to simultaneously deal with many issues that have been commonly associated with the problems that regional integration face in Africa. When viewing the negotiating context, as well as the principles upon which it is to be based, indicate though, that Africa still favours individual state interest that will be hard to reconcile given that the tri-partite region currently has 26 participant states. In terms of economic integration, the T-FTA seeks to put new generation trade issues on the agenda by including services, movement of persons as well as trade facilitation, all of which have been found to be important in realising a trade in goods agenda that is the focus of regional integration in Africa. Analysing the grassroots realities of the market integration pillar offered some valuable insights towards the purposes of this study. The market integration pillar is inundated with challenges, with Rules of Origin (RoO) being the primary challenge towards consolidating the trade in goods agenda on a tri-partite level. New generation trade issues are going to be equally difficult to realise, given that they have no implementation record in the individual Regional Economic Communities (RECs). Promising though is that trade facilitation has already seen positive results by resolving non tariff barriers in the regions.Infrastructure development is equally challenging, although it provides a significant opportunity to create better connectivity (physical integration) between states. In lot of pan-African goals that directly feed into initiatives of the African Union (AU) pillar has not as yet created any concrete tri-partite plans, so it remains to be seen what can be achieved. Ideally, industrialisation is viewed as the pillar that will solve the supply-side constraints of African economies hence, strengthening the trade in goods agenda in the regions. Even though the T-FTA has practical challenges to implementation, there are at least two underlying factors that indirectly affect the prospects of realising the tripartite initiative. The EPAs are an emergent threat in that they run parallel to tripartite negotiations; and respect for a rules based integration process, are issues that warrant consideration. Fundamentally, in order to achieve a successful T-FTA will require a shift in the way business is done in African integration. African states need to realise that their national interests are best served through cooperation, in meaningful ways. Inevitably this requires good faith as well as ceding some sovereignty towards regional goals. Thus, there is a risk that the T-FTA not realised. The fundamentals of political will, economic polarisation and instability have to be resolved. This will lay an appropriate foundation for the tripartite initiative to be sustainable, with developmental impact. / South Africa

Doctor Legum - LLD / The Member States of the Southern African Customs Union (SACU) have set as their objectives, amongst others, the facilitation of cross-border movement of goods between the territories of the Member States and the promotion of the integration of Member States into the global economy through enhanced trade and investment. Different approaches to the recognition and enforcement of foreign judgments by Member States and the risk of non-enforcement may lead to legal uncertainty and increased transaction cost for prospective traders, which ultimately act as non-tariff barriers to trade in the region. Trade is critical to Southern Africa, and the ideal is that barriers to trade, of which uncertainty concerning the recognition and enforcement of foreign judgments among Member States is one, should be removed. Certainty, predictability, security of transactions, effective remedies and cost are important considerations in investment decision-making; and clear rules for allocating international jurisdiction and providing definite and expedited means of enforcing foreign judgments will facilitate intraregional as well as interregional trade. In addition to trade facilitation, a harmonised recognition and enforcement regime will consolidate economic and political integration in the SACU. An effective scheme for the mutual recognition and enforcement of civil judgments has been regarded as a feature of any economic integration initiative likely to achieve significant integration. While the harmonisation of the rules on the recognition and enforcement of foreign judgments has been given priority in other regional economic communities, in particularly the European Union, any similar effort to harmonise the rules on recognition and enforcement of Member States have been conspicuously absent in the SACU – a situation which needs to receive immediate attention. The thesis considers the approaches followed by the European Union with the Brussels Regime, the federal system of the United States of America under the ‘full faith and credit clause’; the inter-state recognition scheme under the Australia and New Zealand Trans-Tasman judicial system; as well as the convention-approach of the Latin American States. It finds that the most suitable approach for the SACU is the negotiation and adoption by all SACU Member States of a multilateral convention on the recognition and enforcement of foreign judgments, comparable to the 1971 Convention of the Hague Conference on Private International Law; the EU Brussels I Regulation and the Latin-American Montevideo Convention, as complemented by the La Paz Convention. It is imperative that a proposed convention should not merely duplicate previous efforts, but should be drafted in the light of the legal, political and socio-economic characteristics of the SACU Member States. The current legislative provisions in force in SACU Member States are compared and analysed, and the comparison and analysis form the basis of a proposal for a future instrument on recognition and enforcement of foreign judgments for the region. A recommended draft text for a proposed Convention on the Recognition and Enforcement of Foreign Judgments for the SACU is included. This draft text could form the basis for future negotiations by SACU Member States. / South Africa

Magister Legum - LLM

Magister Legum - LLM / The EPA’s will have an impact on regional integration in Africa, especially in the SADC region. The region has been split between the SADC and ESA EPA configuration therefore impacting on regional integration objectives set out under the SADC Trade Protocol.The EPA’s will be concluded separately with six of the sub groupings under the ACP grouping. With the EU-SADC EPA negotiations has come a problem of overlapping of membership of the different regions which has created confusion and conflicts. Members of Southern African Development Cooperation (SADC) did not all enter into the EU-SADC EPA has one. The EU-SADC EPA configuration consists of Angola, Botswana, Lesotho, Mozambique, Namibia, South Africa, Swaziland and Tanzania. The rest of the SADC member states are negotiating with the EU-ESA configuration. With South Africa having been allowed into the negotiations, its role should be examined and what it can contribute to the negotiations. Another conflict that has been created is the fact that South Africa has its own bilateral agreement with the EU thus putting stain on the trade relationship between South African and the rest of the SADC countries.

In conformity with the goal of the African Union to build a monetary union for the entire African continent, one of the goals of the Southern African Development Community (SADC) is the formation of a monetary union with a single central bank. Towards this end certain macroeconomic convergence criteria, which are closely aligned with those used by the European Union (EU), have been set. While empirical research on whether or not SADC would benefit from the formation of a currency union has focused on the optimum currency area criteria, no reference to these criteria is made in the SADC programme. Instead, the SADC approach has been governed by a set of macroeconomic convergence criteria synonymous with those pursued by the European Monetary Union (EMU) prior to its formation. Doubts regarding the future of the EU have recently been raised as a result of debt crises in certain member states, implicitly raising questions about the adequacy of the convergence criteria that were adopted. Accordingly, this study considers the feasibility of establishing a currency union in the SADC region. The proposed convergence criteria are assessed against the theory of optimum currency areas as well as in terms of their adequacy in the light of recent EU experience. In addition, the paper provides a preliminary assessment of the fiscal sustainability of the SADC region by conducting Engle-Granger cointegration tests on the public debt and revenue series for the SADC countries under analysis. It was observed that SADC has made considerable progress towards meeting its macroeconomic convergence criteria in recent years. However, in light of the regions' heavy dependence on commodity exports coupled with recent price fluctuations in this regard, the sustainability of this progress is questioned. Furthermore, a review of the EMU experience to date highlights numerous flaws in its approach and the potential challenges the SADC region should consider in moving forward with its agenda. In essence, the study suggests that almost all the SADC member states are fiscally unprepared for monetary union formation and the recent EMU debt crisis has highlighted the importance of acquiring a state of fiscal sustainability prior to union formation. In addition, it is imperative that the SADC members continue to address issues of product diversification, intraregional trade and political unification, all of which should be governed by a centralised fiscal authoriry.

The issues of capacity and capacity development in the response to HIV and AIDS is a topic of intense academic interest and is on the agenda of development practitioners, particularly as these issues are linked to community HIV and AIDS competence and sustainability of civil society organisations and community capacity. The capacity development model of the Southern African AIDS Trust is one of the more illuminating examples of capacity development of civil society organisations for the enhancement of community HIV and AIDS competence in southern Africa. The thesis examines the conceptualisation and implementation of the Southern African AIDS Trust's capacity development model in order to identify and understand the multi-dimensional factors that influence the success and sustainability of HIV and AIDS responses. It argues that, even though the conceptualisation, formulation and implementation of the model were appropriate and yielded acceptable benefits to communities in relation to HIV and AIDS, the sustainability of the model depended fundamentally on the availability of requisite resources. The dependence on external resources, the availability of which is in large part beyond the control of the Southern African AIDS Trust and its community-based beneficiaries, undercuts the sustainability of the model and the programmes delivered through it. Community capacities and community-based HIV and AIDS responses are sustainable only to the extent that communities have sufficient resources to build capacities and develop responses, or can leverage and negotiate external inputs. The degeneration of capacity in intermediary organisations (such as Southern African AIDS Trust) that support community competence undermines models that at first sight seem suitable for effective capacity enhancement with regard to HIV and AIDS programmes. In this regard, the thesis also focuses on the organisational crisis within Southern African AIDS Trust and the ramifications this had for community HIV and AIDS competence.

The Southern African Development Community (SADC) declared a Free Trade Area on 17 August 2008. The Free Trade Area is the ultimate objective of the Trade Protocol on trade cooperation in SADC, signed in 1996. The Protocol is supported and complemented by the ambitious Regional Indicative Strategic Development Plan (RISDP). The idea behind the SADC Trade Protocol was to counter the developmental challenges facing SADC member states and to improve the productive and trade capacity of SADC countries. The implementation of the SADC Free Trade Area has been guided by the WTO/GATT regulatory framework on regional trade agreements, particularly GATT Article XXIV, the Understanding on the Interpretation of GATT Article XXIV, as well as the Decision on Differential and More Favourable Treatment, Reciprocity and Fuller Participation of Developing Countries (Enabling Clause). This research seeks to analyse the SADC Trade Protocol's provisions and the implementation of such provisions. To facilitate an understanding of factors that affect the implementation of the SADC Trade Protocol, SADC's institutional and operational framework is discussed from a legal-historical perspective. The provisions of the Trade Protocol are analysed for compliance with WTO/GA TT rules as well as for applicability within the SADC context. The provisions of the WTO/GA TT regulatory framework on regional trade agreements are also analysed with a view to determining whether they are applicable in developing country situations such as SADC. The Free Trade Area is seen as the first step towards regional economic integration in the region and is to be followed by a Customs Union, a Common Market and then eventually an Economic Community with its own central bank and regional currency. It is envisaged that the region will proceed through all these traditional theoretical phases of economic integration between 2008 and 2018. The implementation of the Trade Protocol has been beset with institutional, administrative and infrastructural challenges which pose obstacles to the attainment of the other stages of economic integration in the time frames prescribed in the RISDP. These challenges are assessed for impact on the regional economic integration of SADC by evaluating the progress towards implementing the Trade Protocol provisions and the implementation of measures taken towards the launch of the Free Trade Area. Emerging issues are also identified and analysed for their effect on the Free Trade Area and the general economic agenda of SADC. Of particular note is the Economic Partnership Agreements (EPAs) being negotiated with the European Union where SADC countries are negotiating in four different configurations. An analysis of this EPA situation reveals that it compounds a pre-existing problem: that of overlapping membership of regional trade agreements. Prior to the EPAs and the intensified drive towards the creation of the Customs Union, there was largely no need to rationalise the overlap in regional trade agreement memberships, but it is now a matter of urgency. The overlap in membership has complicated EPA negotiations and places serious doubts on the prospects of complete regional integration in SADC.This research concludes with observations on South Africa's complicated relationship with her SADC neighbours. South Africa's trade policies, as regards both the SADC region and the world, are discussed. Because of its political and economic dominance, South Africa's policies have a ripple effect on the rest of SADC; hence the need for South Africa to be vigilant in formulating and implementing its trade policies.