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La délégation de pouvoirs dans les sociétés commerciales de droit OHADA / The delegation of power in the trading campanies of OHADA lawDiène, Oumy 04 September 2018 (has links)
C’est avec une ambition modeste que la délégation de pouvoirs est admise dans les sociétés commerciales de droit OHADA. La société anonyme en est la structure d’accueil. Les u travailorganes sociaux en sont les acteurs. Elle est mise en œuvre pour faire face une urgence due à l’empêchement du président ou pour asseoir la rapidité d’une action relative à une opération financière. Or, étant aujourd’hui reconnue comme technique de bonne gouvernance, la délégation de pouvoirs pour remplir une telle fonction en droit OHADA, est à généraliser. Tout dirigeant social doit avoir la liberté d’y recourir et les salariés, plus proches des réalités du terrain, doivent y être associés. Une telle appréhension de la délégation de pouvoirs appelle la conception d’un régime juridique précis qui garantit son jeu loyal. / It is with the modest ambition that the delegation of power is admitted in the trading companies of OHADA law. The limited company is the reception center and social organs are the actors. It is implemented to face an urgency due to the hindrance of the president or to establish the speed of a financial transaction. Yet, being now acknowledged as a good governance practice, the delegation of power should be generalized to satisfy such a function in OHADA law. Every social leader has to have the freedom to use it and employees, closer to realities of the ground, must be associated there. Such an apprehension of the delegation of power calls the conception of a precise legal regime which guarantees its loyal play.
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Growing without poverty: the role of good governance and pro-poor growth in the realisation of socio-economic rights and human development in AfricaOgbonna, Hilary Chima January 2008 (has links)
This research is founded upon three fundamental premises. The first is that good governance is central to human development. The second premise is that the realisation of socio-economic rights is a necessary condition for the attainment of human development. The third premise is that pro-poor growth policies and frameworks are veritable tools through which human
development can be delivered and socio-economic rights realised. The research Focuses on the view that human development should be the end of every growth policy regime and good governance the means to such end. Socio-economic rights on the other hand should serve as indicators to the formulation, implementation and the measurement of such policies / 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 Dr Lilian Chenwi of the Community Law Centre, Faculty of Law,
University of the Western Cape / http://www.chr.up.ac.za/ / Centre for Human Rights / LLM
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The fundamental determinants of long run growth in the Cameroonian economyAgbor, Julius Agbor January 2004 (has links)
Magister Commercii - MCom / Nearly half a century after independence, the Cameroon economy has experienced little or no growth in per capita incomes in spite of the enormous natural and human potentials of the country and in spite of the huge packages of aid and subsequent debt relief received from the international donor community, suggesting a more profound cause to the development problems facing the country. Under the current WTO rules-based system of multi-lateral trade management, Cameroon, like other poor countries, is left with limited scope for effective implementation of industrial and trade policies that could bail her out of her present predicament. Against this backdrop, this study seeks to explore the fundamental determinants of sustainable growth within the context of the Cameroonian economy. While acknowledging the role of openness to international markets in promoting growth, its effects could only be maximised with the attainment of certain threshold conditions such as the availability of basic skills, provision of vital infrastructure services and public goods, and good governance. In a nutshell, for development to happen, the country needs not only well functioning markets, but also good governments that do not steal the fruits of workers' labour. Drawing on the endogenous growth models, the study suggests that incentives for investment in knowledge capital, for infrastructure provision and for good governance could bail the country out of its low level traps, setting it on the path of sustainable growth in an evermore globalising world economy.
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Social capital, civil society, and good governance: civic traditions in Johannesburg's shack settlements and Greater Pietermaritzburg's villages under chiefly ruleHlela, Kenneth Siphelelo 15 May 2013 (has links)
Thesis (Ph.D.)--University of the Witwatersrand, Faculty of Humanities, School of Social Sciences, 2012 / This thesis explores the relationship between social capital/civil society and
good governance/economic development both conceptually and empirically
through case studies in the urban, rural, and peri-urban South Africa. As a
starting point, this thesis attempts to answer the following six questions: How
is social capital identifiable? Is its production exclusively confined to
horizontally structured forms of associational life? Can peasant societies
generate social capital? Do social capital networks accentuate divisions
within communities between those who have access to authority and those
without? Can political institutions play a role in producing social capital or
does the enlargement of state authority take place at the expense of the
associational networks which do produce social capital? And what kind of
organisations in rural settings can best bridge sectional concerns and promote
wider communities of trust? Can traditional existing political institutions be
adapted to modern democratic requirements? I believe that in answering these
questions I have gone some way in resolving some of the conceptual
dilemmas identified by critics of the concept of social capital.
I was then in a position to test and explore two hypotheses. Firstly, I argue
that there is a relationship between social capital (a product of civil society)
and good governance as well as economic and democratic development.
Secondly, I argue that positive social capital will be under-produced in
societies in which there is a weak market economy, that is, where members of
civil society do not have independent sources of income. I demonstrate that
civil society, the state, and markets have a symbiotic relationship and that
they all have a role to play in the production of positive social capital.
This thesis employed various data collection methods in order to navigate
around the case studies chosen for the purposes of this study, viz. individual
and group interviews, focus groups, direct observations, research surveys,
secondary literature, and local newspapers.
Evidence emanating from this thesis suggests that there is a vibrant civil
society and, by implication, social capital in poorly resourced areas found in
urban, peri-urban, and rural areas of South Africa, which has to some extent
contributed to good governance as well as economic and democratic
development. However, I conclude by arguing that the informalisation of the
economy as well as high levels of unemployment in these areas certainly
inhibit civil society from playing its important democratising and governance
role since the production of positive social capital is constrained by this new
reality.
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The philosophy of human rights and the question of good governance in AfricaLetsepe, Thomas Molomo 10 1900 (has links)
No abstract available / Philosophy / D. Litt. et Phil. (Philosophy)
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An analysis of the role of civil society organisations in promoting good governance and development in Zimbabwe: the case of National Constitutional Assembly (NCA)Zhou, Donald Chokuda 03 July 2015 (has links)
This thesis examines the role of civil society in promoting good governance and development in Zimbabwe. This is done through a case study of the National Constitutional Assembly (NCA). Specifically, the thesis looks at the role of constitutionalism as a tool in promoting good governance and development by situating the Zimbabwean struggle for constitutional reform within the context of an unprecedented socio-economic and humanitarian crisis that engulfed Zimbabwe at the beginning of 2000. One of the central questions explored in this thesis is that of the value of the concept of civil society in understanding African post-colonial situations in general and the Zimbabwean situation in particular. The thesis looks at the history of constitutionalism in order to assess if the Zimbabwean crisis could be understood within the context of a constitutional crisis. Therefore, the thesis ventures into the complex dynamics of state-civil society relations while at the same time examining the formation, structure and programmes of the NCA. This is meant to highlight how the NCA’s internal governance system, its leadership style and accountability worked as well as if it reflected good governance or not. An analysis of NCA’s relationship with donors is also presented in order to dispel or validate claims that civil society is just a front for western interests to effect regime change in Zimbabwe. Of critical importance in this study is how civil society (represented by the NCA) interacted with the government and the opposition political parties. The NCA actively participated in opposition politics coming in the open to urge its supporters to vote for the opposition and later ditched the opposition when they had disagreements but their reputation as impartial actors had been destroyed. The thesis concludes by questioning the strategies that are used by civil society in engaging with the government and that in their present structure they should not be antagonistic to the state but should work in tandem with the state for the attainment of good governance and development. Civil society organisations should be politically neutral in their pursuit of developmental goals and ought to practice what they preach by being democratic and accountable themselves. / Development Studies / M.A. (Development Studies)
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An evaluation of good governance and service delivery at Sub-national level in Namibia : the case of the Oshana regionHelao, Tuhafeni 02 1900 (has links)
The purpose of this study was to evaluate and examine governance structures and practices
and service delivery to provide comprehensive understanding of governance and service
delivery situation at sub-national levels in Namibia. Public service agencies are presumed to
lack good governance practices which adversely affect service delivery. It was argued that
good governance practices improve public service performance and ultimately enhances
service delivery. Furthermore, the study noted that the delivery of basic services such as
potable water, health, education, electricity and proper road communication can augment the
living standard of the people. Various public service reforms undertaken by the Government
of Republic of Namibia since independence in 1990 explain government’s resolve to good
governance and improved service delivery. Consequently, workable relationship between
government and citizens is needed to realise national development plans and Vision 2030.
The study used the Oshana Region case study in order to determine whether governance
practices have bearing on service delivery at sub-national levels in Namibia. Qualitative
research approach was utilised and qualitative data were collected in addition to rigorous
literature review and analysis. Scientifically, gathered information suggested that good
governance practices are certainly fundamental to service delivery and subsequently improve people’s living standard particularly those residing in rural areas. The study found that the Namibian government exercised good governance practices and provided basic services to citizens. Nonetheless, inappropriate governance practices by some public institutions delay service delivery.
The study concluded that while poor governance and ineffective service delivery are
considerable challenges faced by public service, they are not insurmountable. The thesis
acknowledged a significant progress made by creating governance structures at sub-national levels to provide and accelerate the delivery of essential services to citizens in Namibia. Notwithstanding the above, more still need to be done to improve the socio-economic welfare of Namibian people. Therefore, the research recommended that the Government of Republic of Namibia ought to provide sufficient resources and promote public participation to address the needs and aspirations of the citizens particularly the previously marginalised people in rural areas. Moreover, sub-national governance structures should be strengthened and essential government functions and services be devolved. / Public Administration and Management / D. (Public Administration)
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An assessment of the role of public participation in IDP : the Thulamela MunicipalitySiphuma, Zwiitani Ralson 03 1900 (has links)
Thesis (MPA (School of Public Management and Planning))--University of Stellenbosch, 2009. / The concept of public participation has gained wider acceptance in government circles as a tool
to strengthen the pillars of this government’s democratic structures. Globally, governments’
accountability can be gauged by the extent to which they practise public participation in
decision-making in facing up to the challenges of the day.
The concept of public participation arrived in South Africa in the 1980s and was supposedly
applied to the inception of a true democratic dispensation in 1994. In the South African context,
public participation cannot be over-emphasised as it underpins the democracy introduced in
1994.
Because of the great importance of public participation, the South African government has
enacted a number of statutes such as the Constitution (1996) and the Municipal Structures Act
(2000) that give substance to public participation. Even though public participation is applied at
national and provincial government levels in South Africa, it is principally in the Local
Government field where it is widely applied in order to enable good governance and sustainable
service delivery.
This study examines the role of ward committees in public participation in Local Government,
with specific reference to Thulamela Municipality. The study suggests that the transformation
and democratisation of South African Local Government can be achieved through effective
implementation of public participation at grassroots level. Apart from passing legislation, more
needs to be done to stimulate public participation.
The study has furthermore found that even though statutes provide for communities to participate
in a range of government-created regulatory structures such as the IDP Representative Forums
and Ward Committees, municipalities need to develop strategies for public participation. Not
only do municipalities need to develop strategies for public participation, they also need to
develop proper mechanisms to encourage the participation of community stakeholders and
organisations.
The study is primarily based on qualitative data collected from Thulamela Municipality through
personal interviews with councillors, officials and ward committee members. Moreover, the
study also rests on observations at IDP Representative Forums, IDP and Budget consultative
meetings, focus group discussions and a review of local government statutes and literature
providing knowledge on the subject under study.
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Hybrid Constitutionalism to Mainstream Human Rights in a Unified KoreaMoon, DAVID 02 October 2013 (has links)
Amidst the global wave of democratization, modernization, and economic engagement during the 1980s and 1990s, the traditional tenets of constitutionalism have proven to be unwieldy dogma for States undergoing periods of rapid transition. In order to retain the administrative capacity to steer – rather than merely adapt to – political and social change, numerous transitioning States have adopted a new paradigm of constitutionalism, namely transitional constitutionalism, characterized by a centralized and streamlined structure of governance. However, in many instances, including Korea’s post-division transitional history, this model has demonstrably undermined fundamental human rights protections. In this thesis, I propose a hybrid constitutional paradigm for unification in Korea (another form of State transition) which seeks to balance the dual objectives of effective governance and human rights protection. I do so by examining and critiquing the core principles of traditional and transitional constitutionalism, outlining the human rights issues that the unified Korea will likely confront in its constitutional trajectory based on an analysis of Korea’s political, social, cultural, and constitutional history, and finally proposing a hybrid model of constitutionalism that utilizes an institutional approach to prevent violations of human rights in the unified Korea while allowing the State to retain governmental efficiency during transition. / Thesis (Master, Law) -- Queen's University, 2013-09-30 11:35:33.362
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Coopération décentralisée et Objectifs du Millénaire pour le Développement : enjeux et perspectives dans l'espace francophone subsaharien / Decentralized cooperation and Millennium Development Goals : challenges and perspectives in the sub-Saharan French-speaking spaceKombo, Brice 27 June 2012 (has links)
La nécessaire lutte contre la pauvreté découle d'un constat troublant : la richesse combinée des quinze personnes les plus riches de la planète est supérieure à la valeur annuelle cumulée de la production de biens /services de l'ensemble des pays de l'Afrique subsaharienne. 20% de la population mondiale consomme plus de 80% des ressources disponibles sur la surface de la terre. Ce double constat révèle l'ampleur des efforts à accomplir pour répondre au défi des objectifs du millénaire pour le développement (OMD). La responsabilité des Etats est évidemment engagée mais les solutions sont plus à rechercher au niveau des villes et des territoires. Au plus proche des habitants, les autorités locales peuvent et doivent jouer un rôle de catalyseur du développement. Il revient aux citoyens des territoires confrontés aux problèmes de sous-développement d'imaginer et de proposer ces solutions locales. La coopération décentralisée contribue à la recherche et à l'invention de telles politiques territoriales : cadre de dialogue privilégié entre gouvernements locaux. Définie comme un partenariat entre autorités locales de nationalités différentes, cette coopération décentralisée permet un partage d'expériences – micro finance, décentralisation, bonne gouvernance etc. En clair, tous les espoirs peuvent s'inviter dans la symbiose « Coopération décentralisée et Objectifs du Millénaire pour le Développement», en tenant compte de leurs enjeux et perspectives dans l'espace francophone subsaharien. / The necessary struggle against poverty comes from an elementary remark observation: the combined wealth of the 15 richest people in the planet exceeds the total annual value of the production of the properties / services of all the countries of Sub-Saharan Africa. 20 % of the world population consumes more than 80 % of the resources available on the surface of the earth. This observation reminds the magnitude of the efforts which remain to carry out to answer the challenge of the millennium through the OMD. The responsibility of States is obviously engaged but the solutions are more to look for at the level of cities and territories. In the closest to the inhabitants, the local authorities can and have to play a role of catalyst of the development. It is up to the citizens of territories confronted with the problems of underdevelopment to imagine and to propose these local solutions. The decentralized cooperation contributes to the search and the invention of such territorial policies, because it is a frame of privileged dialogue between local governments. Defined as a partnership between local authorities of different nationalities, it allows a sharing of experiences - microfinances, decentralization, good governance etc.- Clearly, all the hopes can invite itself in the symbiosis "Decentralized Cooperation and Objectives of the Millennium for the Development by taking into account their stakes and perspectives in the Sub-Saharan French-Speaking Space".
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