Doctor Legum - LLD / 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.

This mini-dissertation examines the role of the United Nations, the African Union and the three relevant sub-regional organizations namely the Southern African Development Community (SADC), the Economic Community of Central African States (ECCAS) and the International Conference on the Great Lakes Region (ICGLR) in the post-conflict period in the Democratic Republic of Congo (DRC). These organizations played a threefold role based on the monitoring, intervention and assistance regarding the reconciliation and reconstruction process. To some extent, their strategies contributed to activate the reconstruction and the reconciliation process after nearly a decade of instability caused by the war in the country. However, in spite of the combined efforts of these actors, the conflict persists and continues to take innocent human lives, leaving the survivors affected by hostilities and violations of human rights that they have experienced. The study sets out the political situation in the DRC during the conflict, then analyzes the resurgence of the conflict beyond the ceasefire and later explores the role played by each actor relatively to its mandate after the free and democratic elections of 2006, which mark the starting point of the reconstruction and reconciliation process. In analyzing these interventions, the study refers to the protocols, objectives and results of each organization. From this perspective, the study argues that each conflict has its realities and does not necessarily comply with the standard solution (negotiations and military interventions). As for the DRC, this approach has not provided the expected solutions. The nature of the conflict, the history of the DRC and the Congolese people is new to the different organizations and impacts considerably on the way they perceive and deal with the situation. The study found that each of the international organizations is mandated, in one way or another, to deal with issues such as those rose in the DRC post-conflict period namely rapes, outrageous criminality. Yet, none of the organizations reached the results envisaged by its statute. Taking the best from each other, these organizations need complementarity when addressing the reconstruction and reconciliation in the DRC post-conflict period. Therefore, these multiple agents fit together to address the challenges in the DRC post-conflict period. The study also emphasizes that initiation of tolerance showed through civilian reconciliation constitutes a prerequisite to any possible and durable peace in the country. / Dissertation (LLM)--University of Pretoria, 2011. / Centre for Human Rights / unrestricted

The aim of this study is an examination of the Southern African Development Community's (SADC) conflict resolution role (through multilateral mediation) in the Zimbabwe conflict and to determine how this role impacted on the development and outcome of the conflict. The underlying problem is not so much the intervention of SADC but the process and impact thereof. The primary research question is: Would the events in Zimbabwe and the outcome of the 'Zimbabwe-problem' have been substantially different without the involvement and conflict resolution role of SADC? This question is underpinned by two subsidiary questions: Firstly, what was the conflict management role, including that of conflict resolution, that SADC played? Secondly, did this role contribute to a positive outcome by overcoming limitations and how? In response the argument is that SADC, despite institutional limitations and operational constraints, played a positive role that prevented an escalation of the conflict and that contributed to a de-escalation thereof on account of its mediation. The study includes a framework for analysis to explore the conflict resolution role of a regional organisation in intra-state (domestic) conflict; a contextualisation of SADC's role with reference to the nature, scope and development of the 'Zimbabweproblem' as conflict; the analysis of the conflict resolution role through SADC mediation; and an evaluation of key findings as a basis for policy and research recommendations. The study is demarcated in conceptual, temporal and geopolitical terms. At a conceptual level, the key variables are conflict, conflict resolution and the role of international (regional) organisations. In terms of time-frame, the study covers the period from 2002 to 2014. The commencement year of 2002 is based on the constitutional and humanitarian crises that emerged and necessitated SADC intervention. The concluding year of 2014 marks the first full year since the end of the Global Political Agreement's (GPA) Government of National Unity (GNU) and allows for a retrospective assessment of the outcome(s) of SADC's role. The noncomparative case study focuses on Zimbabwe as the national-level and SADC as the regional-level (Southern African) units of analysis. The research design is that of a historical case study and entails a critical literature-documentary analysis. Although SADC's initial response and involvement was delayed and limited, it developed into a concerted mediation effort and a dedicated conflict resolution role. This role, despite limitations and constraints, overcame challenges and produced a settlement agreement. It is evident that events in Zimbabwe and the outcome of the 'Zimbabwe-problem' would have been substantially different and undeniably more detrimental (even disastrous) not only to Zimbabwe but also to the Southern African region without SADC's involvement and conflict resolution role. Its intervention contributed to the de-escalation of the conflict and to acceptable levels of stability (unstable peace) in the region and within the country. A retrospective and diachronic assessment confirms a relative improvement in political, economic and social conditions (if juxtaposed with the first decade of the 2000s. This, however, does not imply a termination of the conflict and the existence of stable peace. The residue of dissatisfaction produced by the GPA; the prevailing electoral and constitutional contestation; and the authoritarian and repressive regime trends still apparent in Zimbabwe attest to continued latent and manifest conflict. This confirms the tenet that intra-state conflict is never really terminated, seldom resolved but only managed in an effective manner to produce a minimally acceptable outcome of unstable peace. / Mini Dissertation (M Security Studies)--University of Pretoria, 2017. / Political Sciences / M Security Studies / Unrestricted

The study assesses Adler and Barnett's (1998) three tier framework with a specific focus on the mature phase of their framework that emphasises mutual trust and collective identity as necessary conditions for establishing a security community. Adler and Barnett's (1998) three tier framework is applied to SADC's efforts of establishing a security community in the Southern African region. The study explores the reasoning behind SADC's creation with a specific focus on regional integration and how it defines its security architecture and political rationale. By focusing on regional integration and defining SADC's security architecture and political rationale the study outlines how the organisation is making efforts of establishing a security community. This is indicated by describing how SADC has attained the nascent and ascendant phase through its various initiatives and programmes such as the RISDP, SIPO I and II and MDP which provide evidence that there is a sense of cooperation and coordination among SADC member states. The study argues that SADC has reached the nascent and ascendant phase although the regional organisation has not yet progressed to the mature phase of establishing itself as a security community. The study critiques Adler and Barnett's (1998) third phase, which stresses the importance of two necessary conditions of mutual trust and collective identity. Mutual trust and collective identity are evaluated and analysed in respect of whether or not they are relatable and recognised within SADC as a possible emerging security community. The main finding of the study is that mutual trust and collective identity are not recognised in SADC in the manner in which Adler and Barnett (1998) describe them in their three tier framework. However SADC does make efforts to strengthen mutual trust, coordinate strategies and policies to develop collective identity, rather its efforts are not sufficient to make it a security community in the manner Adler and Barnett (1998) understand it. SADC continues to uphold a strict adherence to sovereignty, and is also characterised by domestic instability, lack of common norms and interests among member states and these are major problems for the organisation to create a security community. / Mini Dissertation (M Security Studies)--University of Pretoria, 2017. / Political Sciences / M Security Studies / Unrestricted

The current implementation of a free trade area in SADC has given rise to concerns that the present location of industry in the region will be adversely affected. Specifically, many of the smaller and less-developed countries fear that this change will result in a loss of their industry towards the more developed members, and particularly towards South Africa. This study uses the framework of the new economic geography to address these concerns. The new economic geography is a body of theory that has arisen in the last decade and allows for a dynamic analysis of the process of regional integration. Studies of such dynamic effects in the developing country context are exceedingly scarce, and particularly so in southern Africa. Another area of little research is in the comparison of the evolving industrial structure of different regional blocs. Thus, in response to this gap in the literature and in order to address the concerns of polarisation of industry within the SADC region, a two-pronged empirical approach is taken. The study first conducts a review of the spatial distribution of industry within SADC from 1970 to 1999. This is achieved through the calculation and examination of industrial locational Gini coefficients, measuring the relative degree of concentration of 28 ISIC (rev 2) industries for the years 1970, 1980, 1985, 1990, 1995 and 1999. Secondly, an empirical comparison is conducted with other blocs that are in the process of deepening regional integration, namely the European Union and Mercosur. Again, this is done through the calculation of locational Gini coefficients for individual industries for all three blocs at five year intervals from 1980 to 1995, and then for 1999. The average level of concentration within SADC is found to increase steadily from 1970 to 1990. Between 1990 and 1995, the level of concentration increases further, but at a lower rate, and, by 1999 industry begins to disperse. The Gini coefficient is a relative measure, and thus does not measure the absolute level of concentration. Thus, much of the increase in concentration seen is towards peripheral countries. To further interpret the Gini, the changes in concentration are compared to the absolute changes in manufacturing employment in South Africa. From this analysis, eight of the 28 industries analysed show particular tendencies to concentrate in the periphery. These are beverages, textiles, wearing apparel, paper and products, rubber products, other non-metallic mineral products, transport equipment, and professional and scientific equipment. Likewise, another six industries become more concentrated in South Africa over this time, namely food products, printing and publishing, industrial chemicals, petroleum refineries, miscellaneous petroleum and coal products, and electrical machinery. According to the Gini coefficient, the tobacco industry is by far the most concentrated, while the wood products industry is the most dispersed. It is also found that scale-intensive industries tend to be among the most concentrated. In the cross-bloc comparison, Mercosur has the lowest level of aggregate concentration with an average Gini of 0.08 in 1999. This compares with Ginis of 0.28 for the EU, and 0.22 for SADC. The EU has the largest increase in concentration over the period, while the concentration in Mercosur falls during the 1980s, increases in the mid 1990s and then falls again by 1999. A common theme, however, between all three blocs is a trend towards dispersion in the late 1990s. This is particularly apparent in SADC and Mercosur where the Gini decreases in value, while in the EU, the Gini only increases marginally in this period. Other studies of the EU have indicated that industry was starting to disperse at this time. This finding would be more apparent at a greater level of industrial disaggregation. The following industries are found to be agglomerated above the average level in all three blocs: tobacco, miscellaneous petroleum and coal products, and pottery china and earthenware. Conversely, transport equipment, paper and products, machinery except electrical, plastic products, rubber products, and fabricated metal products tend to be more dispersed across all three. Perhaps more interesting is that there appears to be some commonality between industries that become more agglomerated across all three blocs, while industries that dispersed tend to be region specific. The industries that show universal agglomeration tendencies are the highly sensitive wearing apparel and textiles industries, in addition to industrial chemicals, printing and publishing, iron and steel, and plastic products. In relation to SADC, the first two of these industries show an increased concentration in the periphery, as in the EU, while the remaining industries show tendencies to concentrate in the core. The new economic geography predicts that, as the presently high levels of transport costs begin to fall in SADC, industry will tend to concentrate in the core. However, the results of this study indicate that the effect on manufacturing is, to a large extent, sector specific, with some manufacturing industries concentrating in the core and others in the periphery. The study therefore concludes that the mass polarization of industry from the smaller countries in SADC towards South Africa is unlikely to occur with the further reduction in trade costs. Although certain industries may be attracted towards the core, the high degree of wage disparity in the region and present trade concessions from developed markets overseas towards the peripheral countries, will make these countries an attractive location, particularly for export orientated firms. Two main policy recommendations result from the study. Firstly, individual countries in SADC need to promote those industries that show concentration tendencies in their country. Secondly, in order for the periphery to maximize their gain from the free trade area, transport costs within the region need to be reduced rapidly and effectively.

Extensive research has been done on the relationship between financial development (FD) and growth (with the main focus on economic growth). Theoretical models and most of the conclusions reached stipulate that the development of a financial system is one of the essential ingredients for economic growth. A developed financial system is able to provide financial services efficiently to the real sector. This study examines the relationship between FD and manufacturing sector growth of the SACU countries. The study first reviews the theoretical and empirical literature of FD and growth (economic and manufacturing sector). This gives a full understanding of the topic before attempting to empirically study it. It also helps in the selection process of the model and variables to be employed in the study. A balanced panel for four SACU countries, namely Botswana, Lesotho, RSA and Swaziland, for the period 1976 to 2008 was estimated using Zellner‟s Seemingly Unrelated Regression Estimation (SURE) method. Namibia was omitted because of limited data. The SURE model was selected because it performs better than ordinary least squares (OLS) estimation of individual equations in cases where the countries studied can be affected by similar external shocks because they are in the same economic region and also have country specific structural differences which could affect their economic growth. Two measures of FD were used: credit to the private sector provided by commercial banks (FIC) and the ratio of liquid liabilities of commercial banks to GDP (LL). Manufacturing sector growth was measured by manufacturing value added to GDP. The results of the relationship between manufacturing growth and FD were very weak across the countries. The model that used FIC performed better, there was a negative significant relationship found in RSA and Swaziland, while with the model that used LL, all the countries gave an insignificant relationship. The results for Swaziland were very consistent with the past findings of the relationship between FD and economic growth in the country (for example Aziakpono (2005a)). This may be because of the high share of the manufacturing sector in GDP. Theory suggests that a well-developed financial system will have a positive impact on growth, but this was not the case in RSA and Botswana, where in some cases FD had a negative impact on the growth of the sector. The analysis of the countries‟ manufacturing sector development shows that the sector plays an important role in the economies of the SACU countries, especially in terms of employment and exports. The coefficients of trade openness are generally positive, though not significant in some cases. The other control variables gave mixed results across the counties and across the models. Based on the findings, the countries have to develop strategies that will improve entrepreneurial skills. Also the financial development in the small SACU countries is essential in order for all the sectors in the economy to benefit from the financial sector and in turn increase economic growth.

The re-acceptance of South Africa into the international community has cleared the path for the closer integration of South Africa with its neighbours in a broader southern African regional union. In particular, the countries of the Southern African Development Community {SADC), which South Africa joined in August 1994, have committed themselves to the formation of a free trade area (FTA) over an eight-year period. The most likely impediment to this process is the perception of a highly unequal distribution of the economic gains and losses of such an arrangement. This reflects the particular context of SADC: one of a comparatively undeveloped region, dominated by a relatively large, more industrially advanced country, which is itself small by international standards. The essential question with which this study is concerned, therefore, is whether, despite the existing inequalities in the region, a FTA among SADC members could be mutually beneficial to South Africa and its partners. The thesis applies orthodox and new trade theory to the analysis of economic integration among unequal partners. Using the theoretical analysis, and with reference to empirical studies of such experience elsewhere in the world, it attempts to provide an assessment of the existing body of literature on the possible effects of a SADC FTA. In the light of this discussion, and from its own preliminary empirical analysis of the possible pattern of inter-sectoral versus intra-sectoral specialisation which may result on union, the study suggests ways in which a fuller evaluation of the welfare implications of a southern African FTA may be achieved. The thesis argues that the orthodox theory based on perfect competition provides an insufficient framework for the analysis of the likely effects of a SADC FT A. It finds that, firstly, in an alternative analytical framework which retains the assumption of perfect competition, there may be other criteria for judging the success of a regional union that are neglected by orthodoxy, particularly in the case of developing countries. Secondly, the new trade theory based on imperfect competition and product differentiation provides useful insights into the possible effects of a regional union among countries at unequal levels of development. The formal extension of this body of literature to the theory of economic integration is clearly called for. It is found, however, that neither orthodox customs union theory, nor its suggested alternatives and extensions, enable one to conclude, a priori, that the formation of a FTA in the southern African region could not be beneficial to both South Africa and its smaller partners. Further, the present empirical studies on SADC do not take account of the full range of factors necessary for a complete welfare assessment of the possible effects. Since the outcome of integration depends on the empirical circumstances of the particular case, and since the information necessary for a comprehensive welfare evaluation is not currently available, the study concludes that the countries of the region have committed themselves to a FTA without any definite knowledge of its likely effects.

Considering the obstacles to the conclusion of the Doha Round of international trade negotiations, bilateral free trade agreements (FTAs) are the new trend emerging in international relations. Hence, the Southern African Customs Union (SACU) and China intend to negotiate such an agreement in order to promote trade and investment between their markets. However, SACU is an organisation with a colonial legacy that continues to debilitate the economies of its weaker member states. Discrepancies in its administration and operation threaten the integrity of the customs union, especially when third parties are involved. This study assesses the politics of trade in the Southern African Customs Union, and the prospect of a FTA with the People’s Republic of China. It explores the quantity and quality of trade between the parties, as well as the role of the state in encouraging economic diplomacy. The dissertation draws on the experiences of other developing countries that have signed FTAs with stronger economies, in order to provide policy recommendations that will steer sustainable trade relations between SACU and China that will be aligned to SACU’s development agenda. The study concludes that a FTA will stimulate a restructuring of SACU’s trade partners, without creating a significant increase in production or employment. Furthermore, the cost competitiveness of Chinese imports will cripple the respective SACU industries, cause unemployment and negate prospects of new industrialisation in certain sectors of the economy. SACU’s strategy for trade liberalisation should be incremental and sector specific. Copyright / Dissertation (MA)--University of Pretoria, 2010. / Political Sciences / unrestricted

The Southern African Development Community (SADC) region, like most parts of the African continent, faces significant modern energy services access challenges. It is estimated that less than 45% of the SADC region’s populace have access to reliable modern energy forms and the situation is worse in rural areas where access is approximately 30%. Poor energy security is exacerbated by electricity power cuts and load shedding in almost all of the member states in the region. With the advent of battery storage, all forms of green energy have the potential to contribute to the shortfall in the supply of peaking power required to meet the daily (morning and evenings) and seasonal (winter) peaks when most power is required on the grid network. The region is endowed with vast green (renewables/low carbon or clean) energy resources. The purpose of this study is to expand the empirical body of research and knowledge on factors that contribute to widespread access success to green energy in the SADC region. Investments into green energy resources require an understanding of the unique characteristics of the energy sector in the region. In order to achieve this, a conceptual theoretical model was developed and tested empirically. Factors that influence green energy access success were identified through literature reviews and discussions with energy practitioners. All identified factors were then operationalised by carefully defining them in the context of the study. In order to test the proposed theoretical model and the hypothesised relationships, a structured questionnaire was developed and sent to energy practitioners from various sections of the energy sector in the region. STATISTICA 12 was employed to analyse relationships between variables and responses between identified groups. Pearson Product Moment Correlation (Pearson r) was employed to determine correlations between variables. Conclusions about hypotheses six (6) to fifteen (15) were made based on correlations between variables. T-tests were employed to make inferences about the views of various categories of respondents with regard to the twelve (12) identified variables. Multivariate analysis of variance (MANOVA) and Analysis of variance (ANOVA) examined associations between the dependent and independent variables with the identified categories of respondents and conclusions about hypotheses one (1) to five (5) and sixteen (16) were also made. The study finds that policy and the regulatory environment are still the main driving force behind energy access in the region. Power generation is managed by authorities’ power utility companies. Unbundling of power utilities supported by new energy business and operating models to accommodate mini and off grid power plants is found to be a key to green energy access in the region. The energy market is transforming in favour of independent power producers (IPPs) and consumers will significantly influence energy access decisions in the future. Green energy power storage to overcome intermittency will feature prominently in the success of green energy access in the region. Widespread access success to green energy will be attained when green energy access is reliable, affordable, efficient, and socially acceptable, meet the demand and reduces environmental pollution. The study recommends that strategic green energy planning must incorporate green energy infrastructure development, projects finance and human capacity development as priorities amongst SADC region’s member countries. Regional energy access enabling institutions must be strengthened; energy policies implemented with vigour and private sector participation enhanced in an integrated energy market.

M.A. / The HIV and AIDS pandemic has swept through sub-Saharan Africa at an alarming pace, gaining momentum each year as millions of people are infected and affected by the virus. A range of social, political and economic consequences have already begun to emerge as a result of this disease, and a comprehensive response is essential to halt the spread of HIV and AIDS, and to manage the impact of the pandemic. This study examines the response of the two dominant regional organisations in sub- Saharan Africa, namely the Economic Community of West African States (ECOWAS) and the Southern African Development Community (SADC), through an analysis of their policies on HIV and AIDS. The comparison of the HIV and AIDS policies of these regional organisations is conducted by means of three sets of identified indicators, covering education and awareness campaigns, prevention strategies, and treatment and care programmes. Further, the extent to which the regional guidelines contained in the policies are incorporated into the HIV and AIDS policies of member states is discussed with reference to Nigeria and South Africa, identified as the strongest states within their respective groupings with the highest prevalence rates. Given the acknowledged impact of the disease, the regional response is not as comprehensive as would be expected. The SADC policy is generally more elaborative on the key issues than the ECOWAS policy. Vital issues such as the provision of condoms and addressing the disproportionate impact of HIV and AIDS on women are not dealt with, and the overall policies lack detail and practical guidance. In comparison, the policies of member states such as Nigeria and South Africa are far more elaborative, containing creative solutions to daunting problems, although some of the weaknesses identified in the regional HIV and AIDS policies shine through in the national policies of member states. The study concludes that while practical restrictions such as lack of infrastructure, resources, and diverse cultural and religious beliefs hamper the formulation of a single, comprehensive regional policy on HIV and AIDS, the current guidelines provided by both ECOWAS and SADC fall short of the necessary response to a crisis of the magnitude of the HIV and AIDS pandemic. / Prof. Yolanda Sadie