Magister Legum - LLM / This research paper pays particular attention to the EAC because of its unique composition of four LDCs46 and 1 DC47 and the fact that three of these countries are landlocked least developed countries (LLDCs).48 The EAC was notified as a RTA to the WTO under the Enabling Clause on 9 October 2000 and registered as a Custom Union49 under WT/COMTD/N/14.50 The notification of the EAC under the Enabling Clause is due to the nature of composition of members therein and to the fact that the Enabling Clause does not require regional trading arrangements to cover substantially all trade, or to achieve free trade in the bloc within ten years after notification. Additionally, it provides an avenue for giving special consideration to the LDCs through making concessions and contributions,51 allows automatic exemptions from MFN (non-discrimination) treatment in favour of DCs,52 and thus allows other WTO members to accord more favourable treatment to DCs in many cases without according the same treatment to other WTO members.53. / South Africa

Magister Legum - LLM

Magister Legum - LLM

This dissertation examines the role of government policies in attracting the foreign direct investment (FDI) to SADC countries. To achieve this, the study uses econometric, statistical, and thematic methods within a panel data context and explores means through which SADC countries can attract the FDI. The study covered a panel of 15 SADC countries over the period 1980–2018. FDI is associated with several benefits, particularly in the less developed countries for their investment purposes. However, these less developed countries – including SADC member countries – encounter challenges of attracting FDI despite having abundant natural resources and proposing various regulatory reforms to liberalise their economies. The empirical approach suggested several ways through which a country can attract FDI. The study found that FDI in SADC is not entirely driven by the presence of natural resources but by other determining factors such as the infrastructure development and economic growth, which proved to be paramount in attracting FDI. Therefore, the study recommends that SADC should not only adopt structural policy reforms that potentially improve trade openness, but also adopt strategic infrastructure development. / Business Management / M. Com. (Business Management)

No description available.

Philosophiae Doctor - PhD / After the democratic elections of 1994, the South African government embarked on radical reforms to the apartheid education system, which included the development of a policy that is committed to human rights and social justice. The inclusive education policy, entitled: Education White Paper 6: Special Needs Education: Building an Inclusive Education and Training System (Department of Education, 2001) was released in July 2001. This inclusive education policy brought with it the prospect of changing the structures that promoted exclusionary and discriminatory practices in the education system. While the inclusive education framework is characterised by explicit policy directives, well-defined outcomes and a firm commitment to human rights and social justice, there is a growing realisation that a considerable gap exists between this framework and its effective implementation. The main aim of this study was to understand the factors that facilitate or constrain the implementation of inclusive education in the South African context. These factors were explored through a qualitative case study. A documentary analysis, as well as unstructured and semi-structured interviews was used to collect the data within the context of the research aims, questions, and a framework of categories, drawn from relevant literature, was used to analyse the data. The first major finding of this study was that the implementation of inclusive education policy in South Africa has been facilitated by the school communities' beliefs, values and norms relating to the inclusion of learners with disabilities. The second major fmding of this study is that the designers of the inclusive education policy underestimated the deep-seated socio-economic factors that inhibit effective learning in certain contexts. Poverty was identified as a major constraining factor in the study, followed by the complexities of the National Curriculum Statement, a lack of capacity to implement the policy, lack of support for policy implementation, and the limitations of the Education White Paper 6 itself. Given the facilitating and constraining factors emerging from this study, the recommendations made have been based on the assumption that the implementation of inclusive education policy is a worthwhile endeavour. These recommendations are proposed within three broad areas, namely policy implementation, inclusive education policy, and inclusive education practice. Of these recommendations the following are critical: • The Department of Education should develop differentiated inclusive education guidelines that address inclusion of learners in poverty stricken contexts. • The Department of Education, in conjunction with schools, should create formal and informal communication channels through which stakeholders can raise their views and concerns about the policy of inclusive education and how it should be implemented. • The Department of Education should take full responsibility for the advocacy, implementation, monitoring and evaluation of inclusive education policy, rather than relying on the services of independent providers. • The Department of Education should address the complexities that prevent districts and schools from establishing support structures.

MCOM / Department of Economics / The study aimed to empirically examine the impact of foreign direct investment on economic growth in the Southern African Development Community countries for the period 1980-2015. The relation between foreign direct investment and economic growth has been a subject of extensive discussion in the economic literature. The debate revolves around the growth implications of foreign direct investment. The extraordinary increase in global FDI flows in the last three decades triggered an interest to investigate the growth implications of such huge amounts of cross-border capital movements. Owing to this surge in foreign direct investment flows and the effort countries are putting forth to attract it, it would seem straightforward to argue that foreign direct investment would convey net positive effects on economic growth of a host country. From a theoretical standpoint foreign direct investment has been shown to boost economic growth through technology transfer and diffusion. In light of the expected benefits of foreign direct investment, many empirical studies have been conducted on this subject matter. While the explosion of foreign direct investment flows is distinctive, the evidence accumulated on the growth effects remains mixed. Using fixed effect panel data analysis, on the overall, the findings of the study show a negative effect of FDI on economic growth in the SADC countries for the period 1980 to 2015. The findings are not in tandem with theoretical predictions from growth theorists and some empirical studies carried out on the same topic. The findings of the study imply that FDI does not seem to have an independent effect on economic growth for the panel of countries in the SADC region. This maybe because FDI flows to Africa and into the SADC countries, in particular, are channelled mainly to the extractive sector with little to no linkages with the other sectors of the host country economy. The findings of the study also show that the growth-enhancing potential of FDI is higher in middle-income countries than low-income countries in the SADC region.

International police co-operation is a recipe for success in the fight against transnational organised crime. Such cooperation has never been without challenges, especially in the light of disharmonious national laws. SARPCCO has made promising advances towards the elimination of blockages which hamper police cooperation. The joint, bilateral, simultaneous operations which are continuously carried out and the transferring of skills through training are exemplary to the rest of the world. SARPCCO is, however, struggling to make serious inroads into the organised motor vehicle theft because of the problems in returning them to their lawful owners. The objective of this study is to analyse the laws used by the SARPCCO member countries in fighting motor vehicle theft, transnational organised crime, recoveries, repatriation, prosecution and extradition of offenders. The SARPCCO member countries on which the analysis is done are Lesotho, South Africa, Swaziland and Zambia. / Jurisprudence / LL. M.

This study examines the effectiveness of environmental and developmental rights within the SADC region, especially the status of their implementation and enforcement in the DRC and the RSA. The SADC Treaty recognizes implicitly the rights to environment and to development. Unfortunately, the unequivocal commitment to deal with human rights within the region is not translated with equal force into the normative framework established by the Treaty or into SADC’s programmed activities. No institution has been established with the specific mandate to deal with human rights issues, neither are there any protocols or sectors especially entrusted with human rights protection and promotion. The SADC member States do not share the same understanding or agenda on matters pertaining to the respect for, and the promotion, protection and the fulfilment, of human rights at the regional level. The inception of environmental and developmental rights within the Constitution of the DRC is still in its infancy compared to the situation in South Africa. Implementation and enforcement remain poor and need important support from all organs of state and from the Congolese citizens. A strong regulatory framework pertaining to human rights (environmental and developmental rights) remains an urgent issue. Guidance may be found in the South African model for the implementation and enforcement of human rights, although the realization of the right to environment in South Africa is hampered by a number of factors that cause the degradation of the environment. Against South Africa’s socio-economic and political background, the constitutionalization of the right to development remains of critical concern to a sustainable future for all. The Congolese and South African peoples need to be made aware of their constitutional rights, especially their environmental and development rights, and the institutions and the mechanisms available to enforce them. They need to be empowered to demand justice as a right not as an act of charity. It is patently clear that the authorities will not protect the environment or tackle the development agenda unless there is a strong people’s movement to challenge the State and other role players over environmental and development issues and ethics. / Constitutional, International & Indigenous Law / LL.D.

The purpose of this research is to explore the need for, and the legal implications of, harmonising labour laws in the Southern African Development Community (SADC). Chapter One highlights a number of factors that call for the harmonisation of labour laws in the SADC region and discusses some of the reasons why labour laws are not well developed in the region. The influence of globalisation on labour standards in southern Africa and the influence of regionalism on the harmonisation of labour laws are discussed at length. The inference that could be drawn from this discussion is that for a regionalisation process in southern Africa to be successful, there is an urgent need to harmonise the region’s labour law system. This thesis confirms that Southern Africa has many lessons to learn from the regional harmonisation of labour law in the European Economic Community and the current European Union. The implementation of international labour standards in southern Africa is investigated. The main areas examined include (1) freedom of association, (2) collective bargaining, (3) forced labour and (4) discrimination. The findings of this investigation show that there is no uniformity in the implementation of International Labour Organisation (ILO) standards in the SADC region and, therefore, it is recommended labour law should be harmonised in terms of ILO standards. In respect of the benefits to be derived from the harmonisation process, an empirical investigation was conducted in the SADC region and the following is recommended: the harmonisation of labour law in the SADC region will help with the implementation of ILO standards, protection of workers against the economic power of employers in the workplace and maintaining similar benefits for migrants in the region. / Mercantile law / LL.D.