Citizen`s experience of the batho pele principles of consultation and redress in the Buffalo City Metropolitan Municipality
- Authors: Gqamana, Athabile
- Date: 2020-12
- Subjects: Local government -- South Africa , Civil service -- South Africa
- Language: English
- Type: Master's theses , text
- Identifier: http://hdl.handle.net/10353/19759 , vital:43235
- Description: Everyday activities of communities are dependent on services provided by the local municipality, district or regional council and the national government. These activities range from water flowing freely from taps, a roof to hide under, and a clean and healthy environment, just to name a few. The Batho Pele principles were introduced to ensure that these services are provided for the benefit of the people. They were introduced to make sure that people are involved in the process of service delivery so that services are exactly what they need. It is important to note that the Batho Pele principles inform service standards and a customer care charter. This means that the government or providers of service listen to citizens’ views and take them into account when making decisions about service delivery. Informing service standards and a customer care charter also means that service providers or the government responds swiftly and sympathetically when the service standard falls below the promised standard. The problem occurs when citizens are not being consulted about the type of services they are entitled to. The citizens of Buffalo City Metropolitan Municipality had an issue with how services are provided. They stated that even though service delivery was improving, the manner in which these services were provided was not satisfactory. They complained that they were not asked about what they needed and what their priorities were. Moreover, they stated that when they complained, they did not receive an effective response. The main objective of this research was to establish citizens’ experience with consultation and redress as core functions of the Batho Pele Principles. Furthermore, this research sought to establish important elements of proper citizen consultation and redress in the literature, to determine the extent to which these principles are adopted in in BCMM, to establish the effects of current consultation and redress practice on citizens’ trust in their local government and to make recommendations on effective approaches to consultation and redress. The theories that guided the study are the agency theory, the social equity theory and the procedural justice as a derivative of social equity theory. The legislative framework includes the White Paper on Transforming Public Service Delivery (Notice No 1954 Of 1994), the Constitution of the Republic of South Africa, the Municipal Systems Act no 32 of 2000 and the Promotion of Administrative Justice Act 3 of 2000. The study used both the qualitative and quantitative methods. It also used a case study design. The study used a sample of 110 respondents and the data was collected using interviews, questionnaires and a focus group discussions. Analysis of data followed the narrative and descriptive paradigms. Most importantly, all the objectives of the study were met. , Thesis (MCom) -- Faculty of Management and Commerce, 2020
- Full Text:
- Date Issued: 2020-12
- Authors: Gqamana, Athabile
- Date: 2020-12
- Subjects: Local government -- South Africa , Civil service -- South Africa
- Language: English
- Type: Master's theses , text
- Identifier: http://hdl.handle.net/10353/19759 , vital:43235
- Description: Everyday activities of communities are dependent on services provided by the local municipality, district or regional council and the national government. These activities range from water flowing freely from taps, a roof to hide under, and a clean and healthy environment, just to name a few. The Batho Pele principles were introduced to ensure that these services are provided for the benefit of the people. They were introduced to make sure that people are involved in the process of service delivery so that services are exactly what they need. It is important to note that the Batho Pele principles inform service standards and a customer care charter. This means that the government or providers of service listen to citizens’ views and take them into account when making decisions about service delivery. Informing service standards and a customer care charter also means that service providers or the government responds swiftly and sympathetically when the service standard falls below the promised standard. The problem occurs when citizens are not being consulted about the type of services they are entitled to. The citizens of Buffalo City Metropolitan Municipality had an issue with how services are provided. They stated that even though service delivery was improving, the manner in which these services were provided was not satisfactory. They complained that they were not asked about what they needed and what their priorities were. Moreover, they stated that when they complained, they did not receive an effective response. The main objective of this research was to establish citizens’ experience with consultation and redress as core functions of the Batho Pele Principles. Furthermore, this research sought to establish important elements of proper citizen consultation and redress in the literature, to determine the extent to which these principles are adopted in in BCMM, to establish the effects of current consultation and redress practice on citizens’ trust in their local government and to make recommendations on effective approaches to consultation and redress. The theories that guided the study are the agency theory, the social equity theory and the procedural justice as a derivative of social equity theory. The legislative framework includes the White Paper on Transforming Public Service Delivery (Notice No 1954 Of 1994), the Constitution of the Republic of South Africa, the Municipal Systems Act no 32 of 2000 and the Promotion of Administrative Justice Act 3 of 2000. The study used both the qualitative and quantitative methods. It also used a case study design. The study used a sample of 110 respondents and the data was collected using interviews, questionnaires and a focus group discussions. Analysis of data followed the narrative and descriptive paradigms. Most importantly, all the objectives of the study were met. , Thesis (MCom) -- Faculty of Management and Commerce, 2020
- Full Text:
- Date Issued: 2020-12
An assessment of electronic-governance as a support system for service delivery in the public sector
- Maramura, Tafadzwa Clementine https://orcid.org/0000-0002-4419-1887
- Authors: Maramura, Tafadzwa Clementine https://orcid.org/0000-0002-4419-1887
- Date: 2014-11
- Subjects: Civil service -- South Africa , Electronic government information , Internet in public administration
- Language: English
- Type: Master's theses , text
- Identifier: http://hdl.handle.net/10353/26053 , vital:64786
- Description: This is an exploratory research that is aimed at assessing the role of e-governance tools and initiatives on how they can be support systems for service delivery in the public service sector. The rationale of this research came as a response to the ever increasing and recurring service delivery protests that are underpinning the Government of South Africa. Hence the inception of electronic-governance (e-governance) comes at the right time with the aim of mordernising and reforming the public sector for efficient and effective service delivery. E-governance is about transforming governance to be more citizens centered and thus technology is the tool in this effort which can enable change in how the government works and how public officials interact with the public at stake. Cloete (2012:128) asserts that e-governance is the future of public governance and public service delivery globally. Thus governments that do not make the transition from paper-based systems of public administration to electronic platforms of public service delivery may swiftly undermine their chances of developing their societies as 21st century information societies. This research however does not imply that e-governance will be a miraculous panacea to poor service provision in South Africa, but it implies that its role in the public service sector can be as a support system for efficiency and effectiveness in service delivery. This is coupled by the research findings which are espoused on through a secondary data approach and thematically analysed to assess the role of e-governance as a support system on service delivery in the public service sector. Thus from the literature it is remarkable to acknowledge that the South African public service sector has successfully established and implemented a significant number of e-governance initiatives from 1994 to present day. Simultaneously to reveal how e-governance can be a support system for the public service, it is not one-dimensional, it is however multidimensional and thereby cutting across the entire field of public administration inter alia the public service sector. The already initiated e-governance tools in South Africa also range from national, provincial and municipal level thereby clearly revealing how e-governance can also be a support system to cooperative governance and intergovernmental relations inter alia. This research does not imply that e-governance can be a panacea to the public service sector ills but however with the fast moving techno-global world the move to an ICT driven public service sector has more merits than demerits to the general public who are at the receiving end of public services. , Thesis (MPA) -- Faculty of Management and Commerce, 2014
- Full Text:
- Date Issued: 2014-11
An assessment of electronic-governance as a support system for service delivery in the public sector
- Authors: Maramura, Tafadzwa Clementine https://orcid.org/0000-0002-4419-1887
- Date: 2014-11
- Subjects: Civil service -- South Africa , Electronic government information , Internet in public administration
- Language: English
- Type: Master's theses , text
- Identifier: http://hdl.handle.net/10353/26053 , vital:64786
- Description: This is an exploratory research that is aimed at assessing the role of e-governance tools and initiatives on how they can be support systems for service delivery in the public service sector. The rationale of this research came as a response to the ever increasing and recurring service delivery protests that are underpinning the Government of South Africa. Hence the inception of electronic-governance (e-governance) comes at the right time with the aim of mordernising and reforming the public sector for efficient and effective service delivery. E-governance is about transforming governance to be more citizens centered and thus technology is the tool in this effort which can enable change in how the government works and how public officials interact with the public at stake. Cloete (2012:128) asserts that e-governance is the future of public governance and public service delivery globally. Thus governments that do not make the transition from paper-based systems of public administration to electronic platforms of public service delivery may swiftly undermine their chances of developing their societies as 21st century information societies. This research however does not imply that e-governance will be a miraculous panacea to poor service provision in South Africa, but it implies that its role in the public service sector can be as a support system for efficiency and effectiveness in service delivery. This is coupled by the research findings which are espoused on through a secondary data approach and thematically analysed to assess the role of e-governance as a support system on service delivery in the public service sector. Thus from the literature it is remarkable to acknowledge that the South African public service sector has successfully established and implemented a significant number of e-governance initiatives from 1994 to present day. Simultaneously to reveal how e-governance can be a support system for the public service, it is not one-dimensional, it is however multidimensional and thereby cutting across the entire field of public administration inter alia the public service sector. The already initiated e-governance tools in South Africa also range from national, provincial and municipal level thereby clearly revealing how e-governance can also be a support system to cooperative governance and intergovernmental relations inter alia. This research does not imply that e-governance can be a panacea to the public service sector ills but however with the fast moving techno-global world the move to an ICT driven public service sector has more merits than demerits to the general public who are at the receiving end of public services. , Thesis (MPA) -- Faculty of Management and Commerce, 2014
- Full Text:
- Date Issued: 2014-11
Misconduct relating to fraud and corruption in the public service
- Authors: Madikane, Mpumelelo Patrick
- Date: 2013
- Subjects: Civil service -- South Africa , Civil service -- Corrupt practices
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:10274 , http://hdl.handle.net/10948/d1018673
- Description: In an article, “Corruption and Governance Challenges: The South African Experience”,1 the Public Protector commented that corruption and good governance sit at the opposite ends of the spectrum. While good governance represents the ideal for governments, corporations and nations globally, corruption is a scourge that decent people, organisations and governments seek to eradicate. In the simplest of terms, corruption involves the abuse of power for private gain.The Public Protector further stated that it should be a concern to everybody that in post-independence Africa, certainly in South Africa, the accumulation of riches (in most cases, very sudden) is venerated even in the absence of visible means of accumulating the riches. South Africa has battled with corruption since the days of apartheid. Post-apartheid South Africa is a more open society and more opportunities have been created for detecting, exposing and prosecuting corruption. South Africa‟s approach to corruption is multipronged. The main pillars according to the Public Protector are the law, anti-corruption agencies, and public mobilisation.This studyhas attempted to attend to the challenges of managing misconduct relating to fraud and corruption that appear to weaken our democracy. Fraud and corruption is a complex phenomenon that requires managers and supervisors to possess a specialist technical knowledge in order to be effective in punishing those that are involved in this type of misconduct. The tendency currently is for the managers and supervisors to place suspected corrupt employees on a prolonged pre-cautionary suspension for a period that is not supported by law. This of course weakens the employer‟s case as they tend to rely on the outcomes of the proceedings in the criminal procedure before they institute disciplinary action against such culprits. Workers could be criminally prosecuted for this type of misconduct in terms of the provisions of the Prevention and Combating of the Corrupt Activities Act. Employers always enjoy the right to criminally prosecute workers who have committed acts of fraud or corruption but that must go concurrently with the institution of the disciplinary proceedings in terms of the collective agreement, if there is any. This study will show that the act of misconduct relating to fraud and corruption is a complex phenomenon that poses a threat to the global security. This study also takes a closer view of the provisions of international instruments and institutions such as the United Nations and International Labour Organisation. It further, does a detailed analysis of the provisions in other foreign jurisdiction like Canada. This is consistent with the provisions of the Bill of Rights as enshrined in the Constitution:Section 39(1) of the Constitution of the Republic of South Africa demands that when interpreting the Bill of Rights, a court, tribunal or forum: a. Must promote the values that underlie an open and democratic society based on human dignity, equality and freedom; b. Must consider international law; and c. May consider foreign law. Section 1 of the Labour Relations Act, states that the primary objects of the Act are: (a) To give effect and regulate the fundamental rights conferred by section 23 of the Constitution; (b) To give effect to obligations incurred by the Republic as a member state of the International Labour Organisation. Section 3 of the LRA further stipulates that any person applying this Act must interpret its provisions:(a) To give effect to its primary objects; (b) in compliance with the Constitution; (c) in compliance with the public international law obligations of the Republic.This treatise further shows the importance of the Constitutional values and principles that govern the Public Administration in terms of Chapter 10, section 195.Of importance the elements of fraud and corruption are discussed in this study.This study also gives a detailed analysis of the case laws that give guidance on how best to deal with and successfully punish employees involved in misconduct relating to fraud and corruption.
- Full Text:
- Date Issued: 2013
- Authors: Madikane, Mpumelelo Patrick
- Date: 2013
- Subjects: Civil service -- South Africa , Civil service -- Corrupt practices
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:10274 , http://hdl.handle.net/10948/d1018673
- Description: In an article, “Corruption and Governance Challenges: The South African Experience”,1 the Public Protector commented that corruption and good governance sit at the opposite ends of the spectrum. While good governance represents the ideal for governments, corporations and nations globally, corruption is a scourge that decent people, organisations and governments seek to eradicate. In the simplest of terms, corruption involves the abuse of power for private gain.The Public Protector further stated that it should be a concern to everybody that in post-independence Africa, certainly in South Africa, the accumulation of riches (in most cases, very sudden) is venerated even in the absence of visible means of accumulating the riches. South Africa has battled with corruption since the days of apartheid. Post-apartheid South Africa is a more open society and more opportunities have been created for detecting, exposing and prosecuting corruption. South Africa‟s approach to corruption is multipronged. The main pillars according to the Public Protector are the law, anti-corruption agencies, and public mobilisation.This studyhas attempted to attend to the challenges of managing misconduct relating to fraud and corruption that appear to weaken our democracy. Fraud and corruption is a complex phenomenon that requires managers and supervisors to possess a specialist technical knowledge in order to be effective in punishing those that are involved in this type of misconduct. The tendency currently is for the managers and supervisors to place suspected corrupt employees on a prolonged pre-cautionary suspension for a period that is not supported by law. This of course weakens the employer‟s case as they tend to rely on the outcomes of the proceedings in the criminal procedure before they institute disciplinary action against such culprits. Workers could be criminally prosecuted for this type of misconduct in terms of the provisions of the Prevention and Combating of the Corrupt Activities Act. Employers always enjoy the right to criminally prosecute workers who have committed acts of fraud or corruption but that must go concurrently with the institution of the disciplinary proceedings in terms of the collective agreement, if there is any. This study will show that the act of misconduct relating to fraud and corruption is a complex phenomenon that poses a threat to the global security. This study also takes a closer view of the provisions of international instruments and institutions such as the United Nations and International Labour Organisation. It further, does a detailed analysis of the provisions in other foreign jurisdiction like Canada. This is consistent with the provisions of the Bill of Rights as enshrined in the Constitution:Section 39(1) of the Constitution of the Republic of South Africa demands that when interpreting the Bill of Rights, a court, tribunal or forum: a. Must promote the values that underlie an open and democratic society based on human dignity, equality and freedom; b. Must consider international law; and c. May consider foreign law. Section 1 of the Labour Relations Act, states that the primary objects of the Act are: (a) To give effect and regulate the fundamental rights conferred by section 23 of the Constitution; (b) To give effect to obligations incurred by the Republic as a member state of the International Labour Organisation. Section 3 of the LRA further stipulates that any person applying this Act must interpret its provisions:(a) To give effect to its primary objects; (b) in compliance with the Constitution; (c) in compliance with the public international law obligations of the Republic.This treatise further shows the importance of the Constitutional values and principles that govern the Public Administration in terms of Chapter 10, section 195.Of importance the elements of fraud and corruption are discussed in this study.This study also gives a detailed analysis of the case laws that give guidance on how best to deal with and successfully punish employees involved in misconduct relating to fraud and corruption.
- Full Text:
- Date Issued: 2013
A critique of dispute resolution in the public service
- Authors: Smith, Boy Siphiwo
- Date: 2008
- Subjects: Dispute resolution (Law) -- South Africa , Civil service -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:10234 , http://hdl.handle.net/10948/754 , Dispute resolution (Law) -- South Africa , Civil service -- South Africa
- Description: Effective, efficient and expeditious resolution of labour disputes plays a crucial role in terms of the realization of one of the primary objectives of the Labour Relations Act (hereinafter referred to as “the Act”) which is the achievement of labour peace. Although there is no proper definition of a dispute offered by the Act, there are several elements raised by authors within the labour relations and labour law fields which constitute a dispute. Two types of disputes are discussed, namely disputes of right (emanating from entitlement) and disputes of interest (based on demands not provided for, and these are also known as disputes based on matters of mutual interests). Labour relations in South Africa has a history that is tarnished by segregation and dualism, where there was a system of labour relations and labour statutes for all races (except for Africans). The first statute dealing somewhat comprehensive with labour disputes, the Industrial Conciliation Act, did not apply to Africans. This situation (exclusion of Africans) prevailed until the early 1980’s. Therefore, although the apartheid system was legislated in 1948, its segregation practices based on race existed long before 1948 and also extended to the workplaces. The turning point in the labour relations arena in South Africa was the appointment of the Wiehahn Commission. As a result of the recommendations by this Commission, African Workers were for the first time included in labour legislation. So, of great interest is the fact that African Workers attained labour rights before the demise of the apartheid system. The birth of the Act with its dispute resolution fora like the Commission for Conciliation, Mediation and Arbitration (hereinafter referred to as “the CCMA”), Bargaining Councils, Labour Court and the Labour Appeal Court, revolutionized dispute resolution in the country. However, there are some challenges that have emerged even within the new system. Prior to 1993, labour relations in the public service, simply just did not exist. This was mainly due to the fact that the public service was excluded from mainstream legal framework governing labour relations. The State was very much in control of what was happening with regards to employment relations in the public service. There were some structures developed for engagement with the State like the Public Service Commission (PSC) which was politicized to push the agenda of apartheid, Public Servants Association (PSA) for White Public Servants, Public Service Union (PSU) for Indian Public Servants and Public Service League for Coloured Public Servants. There was no structure established for African Public Servants though. Nevertheless, these established structures were useless. One of the recommendations of the Wiehahn Commission was the inclusion of public servants within the mainstream labour relations framework and this was never pursued by the then government. It took the wave of strikes in the early 1990’s for the Act to be extended to the public service. Even with the inclusion of public service within the scope of the Act, there are still challenges pertinent to the public service. Central to these challenges is the problem of fragmentation in terms of approach regarding dispute resolution and the fact that there are too many pieces of legislation dealing with dispute resolution. This situation has also resulted in a jurisdictional debacle within the public service. Also, there is a huge challenge in terms of dealing with abscondments / desertion within the public service. In terms of the way forward, there is an initiative to streamline the public service. In this regard, there is a Draft Single Public Service Bill and also the Public Service Amendment Bill.
- Full Text:
- Date Issued: 2008
- Authors: Smith, Boy Siphiwo
- Date: 2008
- Subjects: Dispute resolution (Law) -- South Africa , Civil service -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:10234 , http://hdl.handle.net/10948/754 , Dispute resolution (Law) -- South Africa , Civil service -- South Africa
- Description: Effective, efficient and expeditious resolution of labour disputes plays a crucial role in terms of the realization of one of the primary objectives of the Labour Relations Act (hereinafter referred to as “the Act”) which is the achievement of labour peace. Although there is no proper definition of a dispute offered by the Act, there are several elements raised by authors within the labour relations and labour law fields which constitute a dispute. Two types of disputes are discussed, namely disputes of right (emanating from entitlement) and disputes of interest (based on demands not provided for, and these are also known as disputes based on matters of mutual interests). Labour relations in South Africa has a history that is tarnished by segregation and dualism, where there was a system of labour relations and labour statutes for all races (except for Africans). The first statute dealing somewhat comprehensive with labour disputes, the Industrial Conciliation Act, did not apply to Africans. This situation (exclusion of Africans) prevailed until the early 1980’s. Therefore, although the apartheid system was legislated in 1948, its segregation practices based on race existed long before 1948 and also extended to the workplaces. The turning point in the labour relations arena in South Africa was the appointment of the Wiehahn Commission. As a result of the recommendations by this Commission, African Workers were for the first time included in labour legislation. So, of great interest is the fact that African Workers attained labour rights before the demise of the apartheid system. The birth of the Act with its dispute resolution fora like the Commission for Conciliation, Mediation and Arbitration (hereinafter referred to as “the CCMA”), Bargaining Councils, Labour Court and the Labour Appeal Court, revolutionized dispute resolution in the country. However, there are some challenges that have emerged even within the new system. Prior to 1993, labour relations in the public service, simply just did not exist. This was mainly due to the fact that the public service was excluded from mainstream legal framework governing labour relations. The State was very much in control of what was happening with regards to employment relations in the public service. There were some structures developed for engagement with the State like the Public Service Commission (PSC) which was politicized to push the agenda of apartheid, Public Servants Association (PSA) for White Public Servants, Public Service Union (PSU) for Indian Public Servants and Public Service League for Coloured Public Servants. There was no structure established for African Public Servants though. Nevertheless, these established structures were useless. One of the recommendations of the Wiehahn Commission was the inclusion of public servants within the mainstream labour relations framework and this was never pursued by the then government. It took the wave of strikes in the early 1990’s for the Act to be extended to the public service. Even with the inclusion of public service within the scope of the Act, there are still challenges pertinent to the public service. Central to these challenges is the problem of fragmentation in terms of approach regarding dispute resolution and the fact that there are too many pieces of legislation dealing with dispute resolution. This situation has also resulted in a jurisdictional debacle within the public service. Also, there is a huge challenge in terms of dealing with abscondments / desertion within the public service. In terms of the way forward, there is an initiative to streamline the public service. In this regard, there is a Draft Single Public Service Bill and also the Public Service Amendment Bill.
- Full Text:
- Date Issued: 2008
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