Magister Legum - LLM

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The provision of adequate sanitation is an essential service. In terms of schedule 4B of the Constitution of the Republic of South Africa, 108 of 1996 (the Constitution), such provision is a function of local government. It falls within the developmental mandate of local government in that it is a basic service that contributes to the quality of people’s lives. However, the lack of access to adequate sanitation is a problem in South Africa, as roughly 17 million people are still without access to improved sanitation. This lack has a detrimental impact on people’s lives and merits an enquiry into the role of local government in providing such services. In this study, the legal mandate of local government in relation to sanitation is explored from an environmental justice perspective, as access to sanitation is an environmental issue. Although there is no explicit constitutional right to sanitation, it is argued that such a right is implicitly recognised by means of the provision of other rights in the Constitution, legislation and policy documents. The study further unpacks the mechanisms and instruments available to municipalities to enable them to achieve the objectives of environmental justice when providing sanitation services. The urban and rural landscape in South Africa have different features, and the people who live in them have different needs. For this reason the features and challenges of urban and rural municipalities are discussed separately, thus establishing the different approaches that urban and rural municipalities might have to follow in the provision of sanitation services. The study concludes with recommendations and the identification of the various governance tools that municipalities may use in order to realise the right to sanitation whilst achieving the objectives of environmental justice. / LLM, North-West University, Potchefstroom Campus, 2015

The provision of adequate sanitation is an essential service. In terms of schedule 4B of the Constitution of the Republic of South Africa, 108 of 1996 (the Constitution), such provision is a function of local government. It falls within the developmental mandate of local government in that it is a basic service that contributes to the quality of people’s lives. However, the lack of access to adequate sanitation is a problem in South Africa, as roughly 17 million people are still without access to improved sanitation. This lack has a detrimental impact on people’s lives and merits an enquiry into the role of local government in providing such services. In this study, the legal mandate of local government in relation to sanitation is explored from an environmental justice perspective, as access to sanitation is an environmental issue. Although there is no explicit constitutional right to sanitation, it is argued that such a right is implicitly recognised by means of the provision of other rights in the Constitution, legislation and policy documents. The study further unpacks the mechanisms and instruments available to municipalities to enable them to achieve the objectives of environmental justice when providing sanitation services. The urban and rural landscape in South Africa have different features, and the people who live in them have different needs. For this reason the features and challenges of urban and rural municipalities are discussed separately, thus establishing the different approaches that urban and rural municipalities might have to follow in the provision of sanitation services. The study concludes with recommendations and the identification of the various governance tools that municipalities may use in order to realise the right to sanitation whilst achieving the objectives of environmental justice. / LLM, North-West University, Potchefstroom Campus, 2015

This research study intended to evaluate the impact of Local Government Performance Management System (PMS) on service delivery using Tshwane’s Roads and Stormwater division. / Graduate School of Business Leadership / (M.B.A.)

The purpose of this study is to investigate the impact of financial management, governance and service delivery levels on the effectiveness of municipalities in KwaZulu-Natal (KZN) for the financial Year, July 2008 to June 2009. The study is descriptive in nature, using a quantitative technique of surveys via questionnaires to collect data from chief financial officers (CFOs) from low and medium capacity municipalities in KZN. Regarding the level of financial management, corporate governance and service delivery and the impact on effectiveness of municipalities, the results indicate there are areas of low and high levels of financial management, corporate governance and service delivery in the municipalities. There are some areas in which the municipalities are effective and other areas that need attention. This implies that there is not a 100% state of efficiency with respect to policies and procedures. The difficulty in carrying out research of this scope to investigate the impact of financial management, governance and service delivery levels on the effectiveness of municipalities is that it cannot be measured with absolute certainty. In addition, municipalities may be influenced by political powers and this is also difficult, perhaps impossible, to measure. The study is an important contribution to developing what should be done by municipalities in KZN to be effective i.e. in developing a framework for success in terms of financial management, governance and service delivery. / Graduate School of Business Leadership / (M.B.A.)

The research establishes a context-specific sense of strategic risk in English local authorities. Uncertainty is found to be central to understanding risk but current practice is found not to reflect this, presenting risks with a false and misleading precision. Risks are identified to have varying, multiple characteristics. Risk assessment models which embrace these characteristics are developed and tested using a consistently applied bespoke risk data set developed for the research. Issues of control confidence and the betrayal of stakeholder trust are explored within these risk assessment models. The research proposes an accessible, fuzzy risk assessment model with an ability to inform decision-making beyond the mere ranking of risks provided by current practice approaches.

The purpose of this Summary of Portfolio is to set the thesis within a context of the work previously assessed within the Doctorate in Business Administration (DBA) programme. It therefore reflects on the learning achieved and summarises key findings of the pre-thesis work, Personal and Professional Review: Action Learning; and Business Research Methods, while recognising the personal and professional journey undertaken and reflecting how I reached the starting point of the thesis component of the programme. For many years, I considered that the opportunity to undertake doctoral study would be pinnacle of my academic achievement. I wanted to have the opportunity to make a fresh and meaningful contribution to practice-based knowledge of the Human Resource Profession. The pre-thesis programme commenced with Personal and Professional Review module, that enabled me to review my previous Human Resources career, and my development and learning over this period. This reflection allowed me to gain a deep insight into my own actions and preferences that had guided and supported my career choices. I was able to engage in deep reflection on achievements in the light of the enhanced personal self-knowledge and review my whole career progression and achievements and plan for the future. An element of this reflection triggered a major development in my career and at the mid-point of the DBA programme I decided to leave my role as a Director in a large local authority. Human Resources and Organisational Development was a career I had followed for over twenty-five years when I decided to start the next stage of my career as an independent Executive Coach and Organisational Development Consultant. The development of individuals and organisations had been an area of professional interest for a considerable time and in 2007 I qualified as an Executive Coach through Leeds University. As a senior practitioner, my first-hand experience in Executive Coaching, together with an interest in how individuals use coaching had led to the desire to research the use of Executive Coaching in Local Government. Through the Business Research Methods module I was able to formulate a detailed proposal for my thesis. In the module I re-engaged with both qualitative and quantitative research methods and further increased my knowledge in this area with the acquisition of advanced research skills that provided a sound base for the commencement of my major research project. During the journey I have had the opportunity to use my capabilities as an independent, self-reliant and self-motivated learner, together with incorporating my existing learning achievements, qualifications and experience into academic credits towards a DBA. The programme has allowed me to develop real expertise in areas of interest to me, and my profession. On reflection, it has allowed me to fulfil my desire to prove that I could operate as proficiently in an academic environment as I do as a practitioner. I now feel that I have addressed, what I felt was an in-balance. Before this journey, I considered my practitioner ability was far greater than my academic ability. Through doctoral study, I have addressed this, and recognise my achievement of gaining extensive academic knowledge, understanding and academic skills, and feel I can hold my own in an academic setting. I have also been able to gain an overview of theory and conceptual frameworks that further strengthen my approach to teaching and learning. The research into new areas and developing wider knowledge has resulted in a new Executive Coaching model that will now be shared through academic forums and professional networks to the advancement of my own professional practice and for the benefit of the wider profession.

The adoption of the 2013 Constitution of Zimbabwe heralded a new era with high expectations from ordinary citizens of Zimbabwe. Among other matters, the Constitution provides for a multilevel system of government with government organised at the national, provincial and local levels. The design of this system of government is linked to the need, inter alia, to realise development, build democracy and sustain peace in Zimbabwe. Provincial and local governments are expected to play a role in the realisation of these goals. The question is whether the law and policy governing provincial and local governments in Zimbabwe enables these governments to play that role. It will be argued that the law and policy hinders the role of provincial and local governments in realising development, building democracy and sustaining peace. The national government has excessive supervisory powers over provincial and local governments which limit the minimum level of local discretion required if these lower governments are to assist in realising development, building democracy and sustaining peace. Moreover, the legal and institutional design emphasises coordinative rather than cooperative relations among governments, thereby undermining opportunities for effective multilevel governance. It will be argued that the 2013 Constitution, however, provides the foundation upon which an effective system of multilevel government can be built. Mere alignment of the legislative framework with the 2013 Constitution is nevertheless unlikely to give full effect to the non-centralised system of government envisaged by this new Constitution. What is required is the development of a policy, institutional and legislative framework that gives effect to the constitutional spirit of devolution of power and cooperative governance. / Doctor Legum - LLD

Thesis (MPA)--Stellenbosch University, 2000. / ENGLISH ABSTRACT: South African local government is undergoing a critical process of transformation and restructuring. New structures, institutions and systems which are being established change local government to accomplish the developmental objectives of the society, improve service delivery and ensure optimum governance. The study is aimed at investigating and examining the type of municipal structure that has the capacity to achieve the objectives of local government. In this regard, the status quo of municipalities in the KOSH (Klerksdorp, Orkney, Stilfontein and Hartebeesfontein) area, a metropolitan municipality without sub-councils and an amalgamated Category B Municipality operating in the area of jurisdiction of Category C Municipality is explored and critically examined. The hypothetical statement namely that the KOSH area requires a restructured, rekindled and revitalised municipal structure and the amalgamation of unviable municipalities into a larger jurisdiction to sustain development, are tested. A review of new structures and systems of local government in South Africa is made. In this regard the legal framework and context of the municipal demarcation process, structures and systems is of paramount importance. A critical analysis of all municipalities in the KOSH area including the Southern District Council in relation to their political and administrative components is made. The background and profile of each town and city in the KOSH area is also given. This encapsulates the historical background of the area, its economy and socio-demographic profile. In the final analysis the study highlights the positive and negative effects of amalgamated municipalities whether Category A or B Municipalities. The study concludes that the KOSH area lends itself to the establishment of an amalgamated Category B Municipality operating within the jurisdiction of a Category C Municipality. The study also concludes that it is possible and viable to de-establish the present separate local authorities and create a viable amalgamated Category B Municipal structure that will improve service delivery and provide optimum governance for the KOSH area. Specific recommendations in respect of the development of the KOSH area are made. / AFRIKAANSE OPSOMMING: Suid Afrikaanse plaaslike regering ondergaan 'n kritieke proses van transformasie en herstrukturering. Nuwe strukture, instellings en sisteme wat geskep word verander plaaslike regering ten einde die ontwikkelingsoogmerke van die gemeenskap te bereik, dienslewering te verbeter en om optimum regering daar te stel. Die studie is gemik op die ondersoek en ontleding van die soort munisipale strukture wat in staat is om die bogemelde oogmerke te bereik. In hierdie verband, word die status quo van munisipaliteite in die KOSH (Klersksdorp, Orkney, Stilfontein and Hartebeesfontein) gebied, 'n metropolitaanse munisipaliteit sonder sub-rade, en 'n geamalgemeerde kategorie B munisipaliteit wat in die jurisdiksionele gebied van 'n kategorie C munisipaliteite funksioneel ondersoek en krities ontleed. Die hipotese naamlik dat die KOSH gebied 'n gestruktureerde, munisipale struktuur benodig sowel as die amalgamering van nie-lewensvatbare munisipaliteite in 'n groter jurisdiksie om ontwikkeling te handhaaf, word ondersoek. 'n Oorsig word gegee van die nuwe strukture en sisteme van plaaslike regering in Suid Afrika. In hierdie vervand is die regsraamwerk en die konteks van die munisipale afbakeningsproses, strukture en sisteme van kardinale belang. 'n Kritiese ontleding van al die munisipaliteite in die KOSH gebied, insluitende die Suidelike Distriksraad, uitsluitende hul politieke en administratiewe samestelling, is gemaak. Die agtergrond en die profiel van elke dorp en stad in die KOSH gebied work ook weergegee. Dit sluit in die geskiedkundige agtergrond van die gebied, asook die gebied se ekonomie en sosiodemografiese profiel. In die finale ontleding beklemtoon die studie die voor-en nadele van geamalgameerde munisipaliteite, ongeag of hulle kategorie A of B munisipaliteite is. Die studie toon aan dat die KOSH gebied homself leen tot die skepping van 'n ge-amalgameerde kategorie B munisipaliteit wat binne die jurisdiksie van 'n kategorie C munisipaliteit opereer. Die studie het ook aangetoon dat dit moontlik en haalbaar is om die bestaande aparte plaaslike owerhede te hervestig en 'n haalbaar kategorie B munisipale struktuur daar te stel wat dienslewering sal bevorder en optimum regering vir die KOSH gebied daar sal stel. Spesifieke aanbevelings word gemaak met betrekking tot die ontwikkeling van die KOSH gebied.