The objective of this study is to provide a novel working mechanism for the supervision of elections that would no longer be municipal based but rather the subject of a supranational body that is not answerable to municipal authorities. In essence, this study will consider the possibility of a new African Union body responsible for African elections. Rather than just mooting an idea, this study will attempt to justify the need for such a body, as well as answer the practical questions that may hamper the establishment of such a body and also provide for some of the modalities regarding how such a body may work. To enhance the objectives, the study will necessarily commence with a theoretical background of the rationale for having elections. The study will also emphasise on the human rights aspect of elections, namely the right to self determination and the right to participate in public affairs as provided in various human rights instruments. By analysing recent African elections, this study intends to show that the current strategy of wholly relying on municipal electoral authorities is subject to manipulation and can result in humanitarian catastrophes and illegitimate governments. By so doing a justification of introducing a new AU body responsible for supervising African election is made perspicuous / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2008. / A Dissertation submitted to the Faculty of Law University of Pretoria, in partial fulfilment of the requirements for the degree Masters of Law (LLM in Human Rights and Democratisation in Africa). Prepared under the supervision of Professor E.K. EK Quashigah, of the Faculty of Law, University of Ghana-Legon, Ghana / http://www.chr.up.ac.za/ / Centre for Human Rights / LLM

The dominant construction of democracy on a global scale is in the liberal tradition. It is evident in the criteria which constitute democratic barometers in organisations like Freedom House, the International Monetary Fund, the United Nations and the World Trade Organisation. This study seeks to provide a third-order analysis of liberal democratic consolidation theory in order to highlight that its theoretical discourse and underlying structure is not necessarily compatible with the cultural values of the non-Western world using a critical discourse analysis. Democratic consolidation in the non-Western world may not necessarily mirror the theoretical model of liberal democratic consolidation. Given the hegemonic position of liberal democracy‘s criteria and its dominant discourse and role as a barometer of democracy, this study focuses on democratic consolidation in this tradition. It is primarily due to the perceived inability of non-Western states to consolidate their democracies in the liberal democratic tradition and by default, construct thriving liberal democracies. Present theories of liberal democratic consolidation theory deal with governmental, political organisational and societal aspects of liberal democracy. The level of change these theories propagate is all encompassing, and consequently one cannot merely study one aspect of liberal democratic consolidation theory, but needs to analyse the paradigm as a whole in order to explore its metatheoretical structure. It is in this light that the study conducts an appraisal of liberal democratic consolidation theory. The critique developed in this study is aimed at addressing a disparity that currently exists within contemporary consolidation of liberal democracy theory, namely a failure of producers of liberal democratic discourse to understand the philosophical and ideological undertone of liberal democratic consolidation‘s understructure. The study does not seek to conceptualise alternative criteria of democratic consolidation in the non-Western context, but focuses on liberal democratic consolidation theory, to demonstrate that its criteria is not necessarily an appropriate barometer to measure democracy in the non-Western world. / Political Sciences / D.Litt. et Phil. (African Politics)

The dominant construction of democracy on a global scale is in the liberal tradition. It is evident in the criteria which constitute democratic barometers in organisations like Freedom House, the International Monetary Fund, the United Nations and the World Trade Organisation. This study seeks to provide a third-order analysis of liberal democratic consolidation theory in order to highlight that its theoretical discourse and underlying structure is not necessarily compatible with the cultural values of the non-Western world using a critical discourse analysis. Democratic consolidation in the non-Western world may not necessarily mirror the theoretical model of liberal democratic consolidation. Given the hegemonic position of liberal democracy‘s criteria and its dominant discourse and role as a barometer of democracy, this study focuses on democratic consolidation in this tradition. It is primarily due to the perceived inability of non-Western states to consolidate their democracies in the liberal democratic tradition and by default, construct thriving liberal democracies. Present theories of liberal democratic consolidation theory deal with governmental, political organisational and societal aspects of liberal democracy. The level of change these theories propagate is all encompassing, and consequently one cannot merely study one aspect of liberal democratic consolidation theory, but needs to analyse the paradigm as a whole in order to explore its metatheoretical structure. It is in this light that the study conducts an appraisal of liberal democratic consolidation theory. The critique developed in this study is aimed at addressing a disparity that currently exists within contemporary consolidation of liberal democracy theory, namely a failure of producers of liberal democratic discourse to understand the philosophical and ideological undertone of liberal democratic consolidation‘s understructure. The study does not seek to conceptualise alternative criteria of democratic consolidation in the non-Western context, but focuses on liberal democratic consolidation theory, to demonstrate that its criteria is not necessarily an appropriate barometer to measure democracy in the non-Western world. / Political Sciences / D.Litt. et Phil. (African Politics)

The constant clash of African culture and traditions with human rights continue to militate against the adequate protection of women’s rights. Thus, African women constantly face challenges resulting from restrictions under customary laws of succession and inheritance, witchcraft violence, degrading treatment to widows, domestic violence; women killed by their partners, rape of women and children under all kinds of circumstances. This thesis was prompted by the issues raised in the Bhe case of the Constitutional Court of South Africa. In this landmark judgment, Ngcobo J dealt with the development of customary law, and how it must be approached by the courts in a manner that would have due regard to the rights of women on one hand and, on the other, would also accord customary law of its proper place, purpose and values within the African context. Against this background, the thesis focused on South Africa, Nigeria and Lesotho as excellent models of the broader challenges for women as well as governments; despite certain legislative measures put in place by the latter, the battle continues unabated for the balance of traditions and culture with women’s rights issues. Although South Africa is more progressive in terms of Constitution and practice than Nigeria and Lesotho, a lot still needs to be done particularly in the area of harmonization of laws. Regrettably, in Nigeria and Lesotho respect for the Constitution is superficial and lacks substantive policies that would promote women’s rights. To this extent, the balance of democratic values and promotion of women’s rights issues within the continent lie in women being partners in development rather than unduly suffering under intense burden of culture, tradition and societal stereotypes.

Foreign aid aims to improve economic conditions and quality of life in developing countries. The literature on the efficacy of foreign aid to date has been inconclusive; yet there is some evidence that institutional factors may condition the relationship between aid and development. This research focuses on the effects of foreign aid on development, taking into consideration the effects of political institutional factors as intervening in the connection between aid and development. Specifically, this study considers the effects of democracy (political rights and civil liberties) and level of corruption on the relationship between aid and development in sub-Saharan Africa. Development is determined by the Human Development Index, which takes into account gross national income, life expectancy, and education level. My findings indicate that aid is ineffective at promoting development in sub-Saharan Africa. Additionally, it is found that democracy, as determined by level of political freedom, is positively associated to development in aid recipient countries. HIV prevalence rate, the location of the country relative to the coastline, and percent of arable land were found to be significant factors affecting development. The level of corruption and political stability do not have a significant effect on development. The study is conducted using a cross-national, longitudinal, statistical model. The impact of foreign aid on development is examined for 45 countries over a fourteen-year period, from 1995 to 2009. The results of the study show that foreign aid has a negative effect on development, yet development is affected by level of democracy, geographical location, percent of arable land, and HIV prevalence rate. Development is higher in countries located on the coastline, with a higher percentage of arable land, a higher level of democracy, and a higher rate of HIV.

Two recent developments dominate the political economy of Sub Saharan Africa -- the adoption of economic structural adjustment reforms and the emergence of pressures for the democratization of the political process. Economic reform measures have spawned civil society, made up of anti-authoritarian, anti-statist, non-governmental organizations, that demand political liberalization. This study is an attempt to analyze, theoretically and quantitatively, the unanticipated association between these developments. Democratic institutions inherited by Sub Saharan Africa at independence were subverted either through military coups or by the abuse and misuse of the institutions by an inordinately ambitious political elite. Thus, about a decade into independence more than three quarters of the sub continent virtually came under authoritarian rule. Contemporaneously there was a decline in the economies of these countries, forcing them to borrow from international financial institutions, in order to offset their balance of payment difficulties. By the mid-1980s most of Sub Saharan Africa had also instituted structural adjustment programs. Using a pooled cross-sectional time series model of analysis, data gathered from Sub Saharan African countries are analysed to test the explanatory power of the three extant contending theories of development: classical, dependency, and neoliberal. Then, most importantly, the analysis examines the relationship between structural adjustment, the development of civil society, and democratization. Overall, the results indicate that the institutional structures generated by, and the political millieu created by structural adjustment are conducive for the evolution of civil society and for its activities for democracy. This political opportunity, however, is also found to be dependent on the level of restructuring involved. The more the political system is restructured, the more the freedom of political participation by civil society, and the higher the level of democratization. The study found a very weak relationship between structural adjustment and economic growth, thereby calling into question many current economic policies. It further demonstrated that no one single theory had the advantages over others in explaining the dynamics of both political and economic development in Sub Saharan Africa and, by extension, in other developing countries.

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)