The role of the office of the auditor general of South Africa in enhancing sound public financial management, with special references to the Eastern Cape Province
- Deliwe, Mawonga Christopher C
- Authors: Deliwe, Mawonga Christopher C
- Date: 2016
- Subjects: South Africa -- Office of the Auditor-General Finance, Public -- South Africa -- Auditing Auditing -- South Africa -- Eastern Cape
- Language: English
- Type: Thesis , Doctoral , PhD
- Identifier: http://hdl.handle.net/10353/2017 , vital:27596
- Description: The 1996 Constitution of South Africa and the Public Audit Act of 2004 provide the legislative framework for the Office of the Auditor General of South Africa (OAGSA). The Independent Regulatory Board for Auditors further enriched the interpretation of the framework – for government auditing. Over the years of democratic rule in South Africa, audit performance by State organs was generally poor. Despite the efforts by the OAGSA to improve the performance, very little improvement was notable. Most disturbing was the observation that there was widespread, a prevalence of recurring findings, which indicated that the OAGSA’s recommendations and guidelines were not acted upon, or largely ignored. Firstly, the research study established that the system of capitalist democracy, which comes in different varieties throughout world democracies, indeed brought about a situation where the electorate was effectively removed from its rightful place of being the principal, and had its place taken up by political parties (which are in fact, agents) - which (parties) governed on its (the electorate’s) behalf. This system, taken together with the Principal Agency and the Rational Choice Theories – fully explained the prevalence of maladministration and malfeasance in government in South Africa. Secondly, the study established that the OAGSA has done everything imaginable in its attempts to improve audit performance in government institutions – using the carrot rather than the stick approach. The legislative framework cited above, revealed that the OAGSA has the power to audit and report, while Parliament has the power to enforce corrective action. The lesson of this revelation is: that there is not much that the OAGSA can achieve without a high level of cooperation between itself and Parliament – if audit performance is to be effectively, and appreciably improved in South Africa. A disappointing discovery however was indirectly delivered to the world, through the results of a research study conducted by one Wehner in 2002, on Public Accounts Committees (PACs) (alias Standing Committees on Public Accounts (SCOPAs)) in world democracies. The Wehner study clearly demonstrated that there was nothing contained in these committees’ founding documents or enabling legislation – which in no uncertain terms, directed the committees on what procedures and processes to follow to ensure that their resolutions were acted upon. In other words there was no enforcement mechanism discernible for their resolutions. Thirdly, there were developments in case law in South Africa, which augured well for Constitutional Institutions in general. They are contained in court judgements relating to the mandate of the Office of the Public Protector (OPP). The question at the core of these developments was: whether the decisions or remedial action emanating from the OPP, were binding and enforceable. Two judgements cited as cases in point, one a High Court judgment and another a Supreme Court of Appeal’s (SCA’s), feature in the research report. The SCA, in summary found that decisions of administrative bodies of State – stand in fact and in law, until such time that a court of law invalidates them. The SCA ruled through citing a High Court judgement passed way back in 2004 - that Constitutional Institutions, although not organs of State per se – were certainly included in this 2004 finding, if one considers the rationale of this initial finding, taken together with the purpose for which Constitutional Institutions were established in South Africa in the first place. In conclusion, although visible root causes of poor audit findings appear overall to be poor consequence management and questionable leadership quality in government, the system of capitalist democracy is ultimately to blame. The system certainly had unintended consequences.
- Full Text:
- Date Issued: 2016
- Authors: Deliwe, Mawonga Christopher C
- Date: 2016
- Subjects: South Africa -- Office of the Auditor-General Finance, Public -- South Africa -- Auditing Auditing -- South Africa -- Eastern Cape
- Language: English
- Type: Thesis , Doctoral , PhD
- Identifier: http://hdl.handle.net/10353/2017 , vital:27596
- Description: The 1996 Constitution of South Africa and the Public Audit Act of 2004 provide the legislative framework for the Office of the Auditor General of South Africa (OAGSA). The Independent Regulatory Board for Auditors further enriched the interpretation of the framework – for government auditing. Over the years of democratic rule in South Africa, audit performance by State organs was generally poor. Despite the efforts by the OAGSA to improve the performance, very little improvement was notable. Most disturbing was the observation that there was widespread, a prevalence of recurring findings, which indicated that the OAGSA’s recommendations and guidelines were not acted upon, or largely ignored. Firstly, the research study established that the system of capitalist democracy, which comes in different varieties throughout world democracies, indeed brought about a situation where the electorate was effectively removed from its rightful place of being the principal, and had its place taken up by political parties (which are in fact, agents) - which (parties) governed on its (the electorate’s) behalf. This system, taken together with the Principal Agency and the Rational Choice Theories – fully explained the prevalence of maladministration and malfeasance in government in South Africa. Secondly, the study established that the OAGSA has done everything imaginable in its attempts to improve audit performance in government institutions – using the carrot rather than the stick approach. The legislative framework cited above, revealed that the OAGSA has the power to audit and report, while Parliament has the power to enforce corrective action. The lesson of this revelation is: that there is not much that the OAGSA can achieve without a high level of cooperation between itself and Parliament – if audit performance is to be effectively, and appreciably improved in South Africa. A disappointing discovery however was indirectly delivered to the world, through the results of a research study conducted by one Wehner in 2002, on Public Accounts Committees (PACs) (alias Standing Committees on Public Accounts (SCOPAs)) in world democracies. The Wehner study clearly demonstrated that there was nothing contained in these committees’ founding documents or enabling legislation – which in no uncertain terms, directed the committees on what procedures and processes to follow to ensure that their resolutions were acted upon. In other words there was no enforcement mechanism discernible for their resolutions. Thirdly, there were developments in case law in South Africa, which augured well for Constitutional Institutions in general. They are contained in court judgements relating to the mandate of the Office of the Public Protector (OPP). The question at the core of these developments was: whether the decisions or remedial action emanating from the OPP, were binding and enforceable. Two judgements cited as cases in point, one a High Court judgment and another a Supreme Court of Appeal’s (SCA’s), feature in the research report. The SCA, in summary found that decisions of administrative bodies of State – stand in fact and in law, until such time that a court of law invalidates them. The SCA ruled through citing a High Court judgement passed way back in 2004 - that Constitutional Institutions, although not organs of State per se – were certainly included in this 2004 finding, if one considers the rationale of this initial finding, taken together with the purpose for which Constitutional Institutions were established in South Africa in the first place. In conclusion, although visible root causes of poor audit findings appear overall to be poor consequence management and questionable leadership quality in government, the system of capitalist democracy is ultimately to blame. The system certainly had unintended consequences.
- Full Text:
- Date Issued: 2016
The role of transformative mediation in post-electoral violence: the case of Kenya 2007-2008
- Authors: Ondigo, Anne Achieng Oyier
- Date: 2016
- Subjects: Political violence -- Kenya Conflict management -- Kenya
- Language: English
- Type: Thesis , Doctoral , PhD
- Identifier: http://hdl.handle.net/10948/12962 , vital:27138
- Description: Free and fair elections, accompanied by smooth transitions of democratically elected leaders, constitute one of the key pillars of democracy. The dawn of democratisation and advent of multi-party politics after the end of the Cold War in 1991, seemingly held great promise for Africa. However, in recent years, many elections in Africa have consistently become a source of violence. Electoral violence is threatening to become an intractable source of conflict on the African continent, making it hard for emerging democracies to consolidate their status as free democratic societies. Many remain largely autocratic or semi-democratic. African leaders are all too often not ready to relinquish political power, while political elites are ‘power hungry’ and use violence to skew the outcomes of elections in their favour. Hence, electoral violence is employed in order to manipulate civilian election choices and outcomes. Election violence is often deliberately used to target civilians, and in countries like Kenya involves inter-ethnic clashes. These “new wars” are fought unconventionally using ‘crude weapons’, (Kaldor 2013). Kaldor describes how these ‘new wars’ are fought as intra-state (within the state) wars in developing countries. Often, they are waged via state or county networks based on identity or ethnicity. The consequences of electoral violence include the destruction of property, reversed development, injuries, rape, death, internally displaced persons and refugees. Electoral violence persists despite attempts to contain it and measures to effectively manage these processes often prove to be inadequate. The study utilises an exploratory case study of Kenya during 2007-2008 Post-Election violence. The causes, the immediate steps that were initiated to mitigate violence and the reforms undertaken to generate peace structures and prevent future occurrences of post-election violence were explored. Forty-five participants representing involved citizens, negotiators and mediators were interviewed. The research was triangulated via the interview process, together with the use of primary document analysis and an extensive review of the literature. The data was analysed via the use of grounded theory. The research findings reveal that the causes of electoral violence are multi-faceted and multi-layered, with deep underlying issues. The causes include weak institutions, corruption, a non-representational electoral system, ethnicity and ethnic militia. Further causes include statelessness as experienced by certain groups, abuse of state resources and human rights violations. The role of political elites who withhold crucial information, thus denying the public the opportunity to make informed choices during elections was also found to contribute to electoral violence. Other information-related causes include biased media and sensational reporting. Findings also show that socio-economic issues such as poverty, unemployment, scarce resources and unmet basic human needs cannot be underestimated. Lastly, the causes of electoral violence included diverse interests of internal and external actors at play during elections. The findings revealed that although the Kenyan mediation process included the signing of a peace agreement, the root causes of electoral violence such as corruption, weak institutions, abuse of state resources and the unjust electoral system were not adequately addressed. A model for mediation for electoral violence which was explored and developed sought to build on the strengths of the Kenyan mediation process and address its inherent weaknesses, thus making this a significant contribution flowing from the study. The election model for mediation proposes certain key phases which include a pre-mediation process that will ensure a cessation of all hostilities; the mapping of the root causes of electoral violence and electoral reforms that provide resolutions that are acceptable to all the parties. Training of personnel at all levels of government to implement these reforms is also proposed. These measures can ensure the integrity and independence of electoral institutions from political manipulation. Training constitutes a crucial stage in the process of consolidating the emerging democracies. The model for mediation developed is therefore not only meant to mitigate electoral violence but is also intended to serve as a preventive measure. Many African states currently experience structural weaknesses similar to those that existed in Kenya before the 2007-2008 elections (and still persist). These fault lines include corruption, weak institutions, human rights violations, and lack of information. The proposed model for mediation which aims to counter these problems can thus be applied and adapted for implementation in Africa and globally. Several recommendations with implications for policy development are proposed to curb electoral violence. They include constitutional reforms, training of government and electoral officials and the introduction of a properly representational election system. This study, which focuses specifically on post-election violence, recommends further research investigating the pre-election phase, and ‘voting day’ causes of electoral violence for a more comprehensive approach to electoral violence research.
- Full Text:
- Date Issued: 2016
- Authors: Ondigo, Anne Achieng Oyier
- Date: 2016
- Subjects: Political violence -- Kenya Conflict management -- Kenya
- Language: English
- Type: Thesis , Doctoral , PhD
- Identifier: http://hdl.handle.net/10948/12962 , vital:27138
- Description: Free and fair elections, accompanied by smooth transitions of democratically elected leaders, constitute one of the key pillars of democracy. The dawn of democratisation and advent of multi-party politics after the end of the Cold War in 1991, seemingly held great promise for Africa. However, in recent years, many elections in Africa have consistently become a source of violence. Electoral violence is threatening to become an intractable source of conflict on the African continent, making it hard for emerging democracies to consolidate their status as free democratic societies. Many remain largely autocratic or semi-democratic. African leaders are all too often not ready to relinquish political power, while political elites are ‘power hungry’ and use violence to skew the outcomes of elections in their favour. Hence, electoral violence is employed in order to manipulate civilian election choices and outcomes. Election violence is often deliberately used to target civilians, and in countries like Kenya involves inter-ethnic clashes. These “new wars” are fought unconventionally using ‘crude weapons’, (Kaldor 2013). Kaldor describes how these ‘new wars’ are fought as intra-state (within the state) wars in developing countries. Often, they are waged via state or county networks based on identity or ethnicity. The consequences of electoral violence include the destruction of property, reversed development, injuries, rape, death, internally displaced persons and refugees. Electoral violence persists despite attempts to contain it and measures to effectively manage these processes often prove to be inadequate. The study utilises an exploratory case study of Kenya during 2007-2008 Post-Election violence. The causes, the immediate steps that were initiated to mitigate violence and the reforms undertaken to generate peace structures and prevent future occurrences of post-election violence were explored. Forty-five participants representing involved citizens, negotiators and mediators were interviewed. The research was triangulated via the interview process, together with the use of primary document analysis and an extensive review of the literature. The data was analysed via the use of grounded theory. The research findings reveal that the causes of electoral violence are multi-faceted and multi-layered, with deep underlying issues. The causes include weak institutions, corruption, a non-representational electoral system, ethnicity and ethnic militia. Further causes include statelessness as experienced by certain groups, abuse of state resources and human rights violations. The role of political elites who withhold crucial information, thus denying the public the opportunity to make informed choices during elections was also found to contribute to electoral violence. Other information-related causes include biased media and sensational reporting. Findings also show that socio-economic issues such as poverty, unemployment, scarce resources and unmet basic human needs cannot be underestimated. Lastly, the causes of electoral violence included diverse interests of internal and external actors at play during elections. The findings revealed that although the Kenyan mediation process included the signing of a peace agreement, the root causes of electoral violence such as corruption, weak institutions, abuse of state resources and the unjust electoral system were not adequately addressed. A model for mediation for electoral violence which was explored and developed sought to build on the strengths of the Kenyan mediation process and address its inherent weaknesses, thus making this a significant contribution flowing from the study. The election model for mediation proposes certain key phases which include a pre-mediation process that will ensure a cessation of all hostilities; the mapping of the root causes of electoral violence and electoral reforms that provide resolutions that are acceptable to all the parties. Training of personnel at all levels of government to implement these reforms is also proposed. These measures can ensure the integrity and independence of electoral institutions from political manipulation. Training constitutes a crucial stage in the process of consolidating the emerging democracies. The model for mediation developed is therefore not only meant to mitigate electoral violence but is also intended to serve as a preventive measure. Many African states currently experience structural weaknesses similar to those that existed in Kenya before the 2007-2008 elections (and still persist). These fault lines include corruption, weak institutions, human rights violations, and lack of information. The proposed model for mediation which aims to counter these problems can thus be applied and adapted for implementation in Africa and globally. Several recommendations with implications for policy development are proposed to curb electoral violence. They include constitutional reforms, training of government and electoral officials and the introduction of a properly representational election system. This study, which focuses specifically on post-election violence, recommends further research investigating the pre-election phase, and ‘voting day’ causes of electoral violence for a more comprehensive approach to electoral violence research.
- Full Text:
- Date Issued: 2016
The survival of micro -enteprises in Kampala, Uganda :a substainable livelihoods approach
- Authors: Twinorugyendo,Penninah
- Date: 2016
- Subjects: Microfinance -- Uganda -- Kampala New Business Enterprises -- Uganda -- Kampala -- Finance , Small business -- Uganda -- Kampala
- Language: English
- Type: Thesis , Doctoral , PHD
- Identifier: http://hdl.handle.net/10948/45333 , vital:38571
- Description: This purpose of this thesis was to explain the resilience of certain micro-enterprises (MEs) in Kampala, Uganda – by focusing on their vulnerability, the assets that they brought to bear on the situation, the role of non-governmental organizations and government institutions in supporting MEs, and the strategies used by ME owners, themselves. As such, it adopts the Sustainable-Livelihoods approach – an approach that has not been used in Kampala before. Thus, it makes a valuable contribution to the field. Designed as a qualitative study, it used in-depth interviews and focus-group discussions. The major findings on vulnerability were linked to: the rising cost of materials; unfair licensing; the struggle to win tenders; local and foreign competition; and the disruption of utilities. The assets used to sustain the welfare of the MEs included: making use of a range of skill-acquisition strategies; leveraging networks; and pooling resources. Financial assets used by MEs revolved around informal savings and credit schemes; but the support given to the MEs through government agencies and NGOs was difficult to assess. Several important strategies were used by ME owners. One of these involved linking with formal construction companies. In addition, temporary workshops constructed out of wood-and-iron, were common. This increased mobility and allowed the re-use of materials. Furthermore, MEs manufactured their own tools, developed new marketing techniques, and diversified their income-generating activities. The significance of this study is two-pronged. It demonstrates that the resilience of MEs does depend on their own positive qualities, but also on an increasingly business-friendly national and international economic environment.
- Full Text:
- Date Issued: 2016
- Authors: Twinorugyendo,Penninah
- Date: 2016
- Subjects: Microfinance -- Uganda -- Kampala New Business Enterprises -- Uganda -- Kampala -- Finance , Small business -- Uganda -- Kampala
- Language: English
- Type: Thesis , Doctoral , PHD
- Identifier: http://hdl.handle.net/10948/45333 , vital:38571
- Description: This purpose of this thesis was to explain the resilience of certain micro-enterprises (MEs) in Kampala, Uganda – by focusing on their vulnerability, the assets that they brought to bear on the situation, the role of non-governmental organizations and government institutions in supporting MEs, and the strategies used by ME owners, themselves. As such, it adopts the Sustainable-Livelihoods approach – an approach that has not been used in Kampala before. Thus, it makes a valuable contribution to the field. Designed as a qualitative study, it used in-depth interviews and focus-group discussions. The major findings on vulnerability were linked to: the rising cost of materials; unfair licensing; the struggle to win tenders; local and foreign competition; and the disruption of utilities. The assets used to sustain the welfare of the MEs included: making use of a range of skill-acquisition strategies; leveraging networks; and pooling resources. Financial assets used by MEs revolved around informal savings and credit schemes; but the support given to the MEs through government agencies and NGOs was difficult to assess. Several important strategies were used by ME owners. One of these involved linking with formal construction companies. In addition, temporary workshops constructed out of wood-and-iron, were common. This increased mobility and allowed the re-use of materials. Furthermore, MEs manufactured their own tools, developed new marketing techniques, and diversified their income-generating activities. The significance of this study is two-pronged. It demonstrates that the resilience of MEs does depend on their own positive qualities, but also on an increasingly business-friendly national and international economic environment.
- Full Text:
- Date Issued: 2016
The trophic ecology of waterbirds in a small temperate estuary: a stable isotope and lipid tracer approach
- Authors: Hean, Jeffrey William
- Date: 2016
- Language: English
- Type: text , Thesis , Doctoral , PhD
- Identifier: http://hdl.handle.net/10962/54356 , vital:26557
- Description: Waterbirds are often overlooked as predators in aquatic ecosystems, despite the fact that waterbirds congregate in great numbers in and around waterways, notably estuaries. To fully appreciate the effect that aquatic feeding waterbird species may have on aquatic prey communities and the role that they play in estuarine food webs, stable isotopes and fatty acid profiles were employed to examine the seasonal diet of selected waterbirds in the Kowie Estuary, Eastern Cape Province, South Africa. Population counts were conducted every month for four seasons to examine the demography of waterbirds in the lower reaches of the estuary. The mean monthly energy consumption, along with dry matter intake of all waterbird species observed, were calculated and compared to similar estuaries in South Africa and elsewhere. Three duck species, one migrant sandpiper and one piscivore were selected for more detailed investigation at several temporal scales. This thesis has revealed that stable isotope analysis of waterbird tissues provides more informative data than fatty acid analysis for investigating waterbird diet and basal resource-tertiary consumer nutrient coupling. Stable δ15N and δ13C isotopes from several body tissues, in conjunction with SIAR models, were used to determine the seasonal diet of each waterbird species, while fatty acid profiles were investigated to examine the trophic transfer of fatty acids from basal resources to waterbird predators via the benthic fauna. Stable isotopes revealed that Cape Shoveller, Cape Teal and Yellow-Billed Duck shifted their diet over both long and short temporal scales, while the migratory Ruff and piscivorous Little Egret maintained a relatively consistent diet over time. Isopods, amphipods, copepods and Mysidacea were the main foods of all three duck species and the Ruff (>30%). Little Egret fed mainly on flathead mullet throughout the year. Fatty acid analysis revealed evidence for trophic transfer of specific fatty acids from basal resources to waterbirds in the Kowie Estuary but provided little information on seasonal diet of waterbirds. Waterbirds foraging in the Kowie Estuary appeared to shift their diet to coincide with resource abundance pulses, but also displayed seasonal dietary overlap. This study highlights the role that waterbirds play in aquatic food webs. The subject requires more attention so that we can better understand all the predatory drivers on aquatic communities.
- Full Text:
- Date Issued: 2016
- Authors: Hean, Jeffrey William
- Date: 2016
- Language: English
- Type: text , Thesis , Doctoral , PhD
- Identifier: http://hdl.handle.net/10962/54356 , vital:26557
- Description: Waterbirds are often overlooked as predators in aquatic ecosystems, despite the fact that waterbirds congregate in great numbers in and around waterways, notably estuaries. To fully appreciate the effect that aquatic feeding waterbird species may have on aquatic prey communities and the role that they play in estuarine food webs, stable isotopes and fatty acid profiles were employed to examine the seasonal diet of selected waterbirds in the Kowie Estuary, Eastern Cape Province, South Africa. Population counts were conducted every month for four seasons to examine the demography of waterbirds in the lower reaches of the estuary. The mean monthly energy consumption, along with dry matter intake of all waterbird species observed, were calculated and compared to similar estuaries in South Africa and elsewhere. Three duck species, one migrant sandpiper and one piscivore were selected for more detailed investigation at several temporal scales. This thesis has revealed that stable isotope analysis of waterbird tissues provides more informative data than fatty acid analysis for investigating waterbird diet and basal resource-tertiary consumer nutrient coupling. Stable δ15N and δ13C isotopes from several body tissues, in conjunction with SIAR models, were used to determine the seasonal diet of each waterbird species, while fatty acid profiles were investigated to examine the trophic transfer of fatty acids from basal resources to waterbird predators via the benthic fauna. Stable isotopes revealed that Cape Shoveller, Cape Teal and Yellow-Billed Duck shifted their diet over both long and short temporal scales, while the migratory Ruff and piscivorous Little Egret maintained a relatively consistent diet over time. Isopods, amphipods, copepods and Mysidacea were the main foods of all three duck species and the Ruff (>30%). Little Egret fed mainly on flathead mullet throughout the year. Fatty acid analysis revealed evidence for trophic transfer of specific fatty acids from basal resources to waterbirds in the Kowie Estuary but provided little information on seasonal diet of waterbirds. Waterbirds foraging in the Kowie Estuary appeared to shift their diet to coincide with resource abundance pulses, but also displayed seasonal dietary overlap. This study highlights the role that waterbirds play in aquatic food webs. The subject requires more attention so that we can better understand all the predatory drivers on aquatic communities.
- Full Text:
- Date Issued: 2016
The voice of the child in parental divorce: a narrative inquiry
- Authors: Brand, Carrie
- Date: 2016
- Subjects: Conversation analysis , Children of divorced parents , Divorced parents
- Language: English
- Type: Thesis , Doctoral , DPhil
- Identifier: http://hdl.handle.net/10948/8923 , vital:26443
- Description: Parental divorce is considered one of the most stressful events in the lives of children. The adult perspective has dominated the discourse on divorce, and only recently has research started to consider the viewpoint of children. Research indicates that the nature of the divorce process as experienced by the child is the most important factor in post-divorce adjustment. It also remains a relatively unexplored area, with research on the manner in which children experience the divorce process being limited. The current study aimed to conduct a narrative inquiry into the experiences and perceptions of parental divorce, of a purposive sample of 9 to 10 year old children. The primary aim of the study was to highlight and honour the voice of the child in a parental divorce process. The current research was qualitative in nature and adopted a narrative paradigm. Five children were interviewed qualitatively using an unstructured interview. Data were analysed using thematic analysis. Seven themes were identified. The first theme explored children’s endeavours to describe and explain parental divorce. An additional six themes were developed around the types of stories children told of the divorce process. Themes included, What is a Divorcement, Stories of Loss, Stories of Gain, Stories of Change, Stories of Stability, Healing Stories, and Complicating Stories. This study endeavoured to provide divorced parents and those working with children a greater understanding of the way in which children perceive parental divorce, and insight into the factors that facilitate children’s positive adjustment to parental divorce.
- Full Text:
- Date Issued: 2016
- Authors: Brand, Carrie
- Date: 2016
- Subjects: Conversation analysis , Children of divorced parents , Divorced parents
- Language: English
- Type: Thesis , Doctoral , DPhil
- Identifier: http://hdl.handle.net/10948/8923 , vital:26443
- Description: Parental divorce is considered one of the most stressful events in the lives of children. The adult perspective has dominated the discourse on divorce, and only recently has research started to consider the viewpoint of children. Research indicates that the nature of the divorce process as experienced by the child is the most important factor in post-divorce adjustment. It also remains a relatively unexplored area, with research on the manner in which children experience the divorce process being limited. The current study aimed to conduct a narrative inquiry into the experiences and perceptions of parental divorce, of a purposive sample of 9 to 10 year old children. The primary aim of the study was to highlight and honour the voice of the child in a parental divorce process. The current research was qualitative in nature and adopted a narrative paradigm. Five children were interviewed qualitatively using an unstructured interview. Data were analysed using thematic analysis. Seven themes were identified. The first theme explored children’s endeavours to describe and explain parental divorce. An additional six themes were developed around the types of stories children told of the divorce process. Themes included, What is a Divorcement, Stories of Loss, Stories of Gain, Stories of Change, Stories of Stability, Healing Stories, and Complicating Stories. This study endeavoured to provide divorced parents and those working with children a greater understanding of the way in which children perceive parental divorce, and insight into the factors that facilitate children’s positive adjustment to parental divorce.
- Full Text:
- Date Issued: 2016
The work of the international criminal court in Africa and challenges for the future of international criminal justice
- Authors: Mupanga, Godfrey
- Date: 2016
- Subjects: Immunities of foreign states Jurisdiction (International law) Government liability (International law) International relations
- Language: English
- Type: Thesis , Doctoral , Law
- Identifier: http://hdl.handle.net/10353/2645 , vital:27977
- Description: Within the first decade of the ICC‟s existence, its case docket was composed of cases originating from Africa only. Relations between the African governments represented by the AU quickly deteriorated. The AU accuses the ICC of bias and unfair targeting of Africa. After the indictment of heads of states that include Omar Al Bashir of Sudan, Uhuru Kenyatta of Kenya and the late Muammar Gaddafi of Libya, the AU passed several resolutions where it reiterated its commitment to the rule of law and to combating impunity. The AU, however, instructed member states to cease all cooperation with the ICC. African states that are ICC members are now faced with conflicting obligations as a result of the AU resolutions. Moreover, the AU resolutions raise the spectre of a legitimacy crisis for the AU and a conflict between articles 27(2) and 98(1) of the Rome Statute. Based mostly on desk research coupled with my experience working on human rights and access to justice programmes in Sudan, South Sudan, Somaliland, Ethiopia, Kenya, Uganda and Zimbabwe, this thesis considers the possibility that the ICC is suffering from a legitimacy crisis as a result of the fall out and the issues of unfair selectivity that are raised by the AU. Employing the Third World Approaches to International Law as an analytical framework, the study attempts to reconcile the apparent contradictions in the new outlook and rhetoric of the AU pursuant to its Constitutive Act and the instruction to member states to withdraw cooperation with the ICC. The thesis also proposes practical ways to resolve the conflicting obligations caused by the AU resolutions and by operation of customary international law immunity of high ranking state officials referred to the ICC by way of a Security Council resolution. The current situation gives the ICC the appearance of a weak institution that is only good for low hanging fruit, which has a negative effect on the legitimacy of the ICC.
- Full Text:
- Date Issued: 2016
- Authors: Mupanga, Godfrey
- Date: 2016
- Subjects: Immunities of foreign states Jurisdiction (International law) Government liability (International law) International relations
- Language: English
- Type: Thesis , Doctoral , Law
- Identifier: http://hdl.handle.net/10353/2645 , vital:27977
- Description: Within the first decade of the ICC‟s existence, its case docket was composed of cases originating from Africa only. Relations between the African governments represented by the AU quickly deteriorated. The AU accuses the ICC of bias and unfair targeting of Africa. After the indictment of heads of states that include Omar Al Bashir of Sudan, Uhuru Kenyatta of Kenya and the late Muammar Gaddafi of Libya, the AU passed several resolutions where it reiterated its commitment to the rule of law and to combating impunity. The AU, however, instructed member states to cease all cooperation with the ICC. African states that are ICC members are now faced with conflicting obligations as a result of the AU resolutions. Moreover, the AU resolutions raise the spectre of a legitimacy crisis for the AU and a conflict between articles 27(2) and 98(1) of the Rome Statute. Based mostly on desk research coupled with my experience working on human rights and access to justice programmes in Sudan, South Sudan, Somaliland, Ethiopia, Kenya, Uganda and Zimbabwe, this thesis considers the possibility that the ICC is suffering from a legitimacy crisis as a result of the fall out and the issues of unfair selectivity that are raised by the AU. Employing the Third World Approaches to International Law as an analytical framework, the study attempts to reconcile the apparent contradictions in the new outlook and rhetoric of the AU pursuant to its Constitutive Act and the instruction to member states to withdraw cooperation with the ICC. The thesis also proposes practical ways to resolve the conflicting obligations caused by the AU resolutions and by operation of customary international law immunity of high ranking state officials referred to the ICC by way of a Security Council resolution. The current situation gives the ICC the appearance of a weak institution that is only good for low hanging fruit, which has a negative effect on the legitimacy of the ICC.
- Full Text:
- Date Issued: 2016
Trade liberalisation, the real exchange rate and sectoral employment : a case study of South Africa
- Authors: Sibanda, Kin
- Date: 2016
- Subjects: Foreign exchange rates Employment (Economic theory) Free trade -- South Africa
- Language: English
- Type: Thesis , Doctoral , PhD
- Identifier: http://hdl.handle.net/10353/12777 , vital:39360
- Description: This study examined the relationship between trade liberalisation, the real exchange rate and sectoral employment in South Africa for the period 1994 to 2014. Firstly, using quarterly time series data, the Autoregressive Distributed Lag (ARDL) technique was employed to formally check if South African real exchange rates are responsive to trade liberalisation. This was done to see if trade liberalisation impacts real exchange rates in South Africa, to the extent that they cannot be controlled concurrently in the subsequent models. Based on the ARDL results, trade liberalisation does not have a significant effect on the exchange rate. However, when the real exchange rate is an independent variable of trade liberalisation, the results show that real exchange rates affect trade, specifically the export propensity index. The next step was to assess the impact of trade liberalisation and real exchange rate on sectoral employment using quarterly panel data for South Africa from 1994 to 2014 controlling for both sector-specific and macro-economic variables. The study employed diverse panel data analysis techniques to separate the sectoral effects, starting with broad sectors followed by the disaggregated sectors, to identify the sectors most affected by real exchange rates and trade liberalisation. The Generalised method of Moments (GMM) results reveal that a unit increase in exchange rate (implying appreciation), causes employment to go down by about 9 percent in South Africa. The same relationship is depicted from the Pooled Mean Group (PMG) estimations in both the short run and long run. Random coefficients (betas) show that the real exchange rate negatively affects the primary and secondary sector with a positive but insignificant effect on the tertiary sector. The sub-sectors negatively hit hard by real exchange rates are communication, mining and transport. The results also show that trade liberalisation is linked to both job destruction and job creation. The static models reveal that trade openness has a statistically positive and significant impact on employment in the short run while the PMG estimator results show that the effect is negative and only significant in the short run. The dynamic models (GMM and PMG) showed trade liberalisation (as proxied by trade openness and import propensity) has a statistical and significantly positive short run impact on employment. This implies that selective trade liberalisation strategies are needed in order for South Africa to maximise the gains from trade.
- Full Text:
- Date Issued: 2016
- Authors: Sibanda, Kin
- Date: 2016
- Subjects: Foreign exchange rates Employment (Economic theory) Free trade -- South Africa
- Language: English
- Type: Thesis , Doctoral , PhD
- Identifier: http://hdl.handle.net/10353/12777 , vital:39360
- Description: This study examined the relationship between trade liberalisation, the real exchange rate and sectoral employment in South Africa for the period 1994 to 2014. Firstly, using quarterly time series data, the Autoregressive Distributed Lag (ARDL) technique was employed to formally check if South African real exchange rates are responsive to trade liberalisation. This was done to see if trade liberalisation impacts real exchange rates in South Africa, to the extent that they cannot be controlled concurrently in the subsequent models. Based on the ARDL results, trade liberalisation does not have a significant effect on the exchange rate. However, when the real exchange rate is an independent variable of trade liberalisation, the results show that real exchange rates affect trade, specifically the export propensity index. The next step was to assess the impact of trade liberalisation and real exchange rate on sectoral employment using quarterly panel data for South Africa from 1994 to 2014 controlling for both sector-specific and macro-economic variables. The study employed diverse panel data analysis techniques to separate the sectoral effects, starting with broad sectors followed by the disaggregated sectors, to identify the sectors most affected by real exchange rates and trade liberalisation. The Generalised method of Moments (GMM) results reveal that a unit increase in exchange rate (implying appreciation), causes employment to go down by about 9 percent in South Africa. The same relationship is depicted from the Pooled Mean Group (PMG) estimations in both the short run and long run. Random coefficients (betas) show that the real exchange rate negatively affects the primary and secondary sector with a positive but insignificant effect on the tertiary sector. The sub-sectors negatively hit hard by real exchange rates are communication, mining and transport. The results also show that trade liberalisation is linked to both job destruction and job creation. The static models reveal that trade openness has a statistically positive and significant impact on employment in the short run while the PMG estimator results show that the effect is negative and only significant in the short run. The dynamic models (GMM and PMG) showed trade liberalisation (as proxied by trade openness and import propensity) has a statistical and significantly positive short run impact on employment. This implies that selective trade liberalisation strategies are needed in order for South Africa to maximise the gains from trade.
- Full Text:
- Date Issued: 2016
Uphicotho nzulu lwendima yepragmatiki ekuphononongeni incwadi ezikhethiweyo zesiXhosa
- Authors: Cutalele, Pumla Pamella
- Date: 2016
- Subjects: Xhosa literature , Pragmatics , Translating and interpreting
- Language: Xhosa
- Type: Thesis , Doctoral , PhD
- Identifier: http://hdl.handle.net/10948/5442 , vital:20845
- Description: Olu phando luqwalasela indima yepragmatiki ekuphononongeni iincwadi ezikhethiweyo zesiXhosa. Isahluko sokuqala sinika okuqulathwe lolu phando, iinjongo zolu phando nezibe ngunobangela wokuba kukhethwe esi sihloko, imethodi yophando, imo yophando, ulwakhiwo lophando nalapho kukrotyiswa kokuqulathwe sisahluko ngasinye. Uphengululo lweencwadi lwenziwe eziqulathe umxholo wepragmatiki lwenziwe kwakuso esi sahluko. Ingcaciso yamagama aya kuthi asetyenziswe rhoqo inikiwe kwakuso esi sahluko Isahluko sesibini sijonga nzulu iingcingane eziya kuthi zisetyenziswe njengesikhokelo ekwenzeni olu phando. Ingcingane yolwimi kunye nengcingane yoncwadi zijongiwe kwesi sahluko. Ingcingane zepragmatiki eziquka leyo kaGrice nengundoqo kwipragmatiki nayo ithe yaqwalaselwa. Le ngcingane iye izise iindidi zeentsingiselo namasolotya azo. Ingcingane kaGrice ethi iphuhlise intsingiselo efihlakeleyo, intsingiselo ethe ngqo kunye nocingelo ziya- jongwa gabalala kwesi sahluko. Ingcingane yentetho ntshukumo iya kuthi ijongwe ze kujongwe nonxibelelo lwayo kuncwadi. Isahluko sesithathu sijonga nzulu ukusetyenziswa kwentsingisselo efihlakeleyo kwiincwadi ezikhethelwe esi sifundo. Umgaqo wonxibelelwano nezaci zawo ezizezi; isaci somgangatho, isaci sokungakanani, isaci sonxulumano kunye nesaci sobunjani zijongiwe kwiintetho zabalinganiswa nakwizimvo zombhali. Isaci esizihambelayo nesivela kakhulu ngokusetyenziswa kwesigqebelo namaqhalo naso sithe sajongwa ngokubhekiselele kwiincwadi ezikhethelwe esi sifundo.Isahluko sesine siqwalasele ukusetyenziswa kocingelo. Ucingelo nelilelinye isolotya lepragmatiki. Iindidi zocingelo zithe zajongwa, nezizezi: ucingelo lokukhoyo nokunokwenzeka, ucingelo lokuqonda, ucingelo lonobangela nesiphumo kunye nocingelo lwezichazi nezihlomelo. Izichukumisi zocingelo zijongiwe kugxilwe kwiincwadi zesiXhosa ezikhwethelwe esi sifundo. Isahluko sesihlanu siqwalasele intsingiselo ethe ngqo. Imiba yentsingiselo ethe ngqo efana nokuzigqibela, ukuvala isikhewu, ukunqanda ubumbaxa kunye nokusetyenziswa kwemiqondiso kuthe kwaqwalaselwa kwesi sahluko. Indlela ethe ngqo abalinganiswa abathile abathiywe ngayo ngababhali kwiincwadi ezikhethelwe esi sifundo iye izise intsingiselo ethe ngqo, oko ke kuthe kwaqwalaselwa kwesi sahluko.
- Full Text:
- Date Issued: 2016
- Authors: Cutalele, Pumla Pamella
- Date: 2016
- Subjects: Xhosa literature , Pragmatics , Translating and interpreting
- Language: Xhosa
- Type: Thesis , Doctoral , PhD
- Identifier: http://hdl.handle.net/10948/5442 , vital:20845
- Description: Olu phando luqwalasela indima yepragmatiki ekuphononongeni iincwadi ezikhethiweyo zesiXhosa. Isahluko sokuqala sinika okuqulathwe lolu phando, iinjongo zolu phando nezibe ngunobangela wokuba kukhethwe esi sihloko, imethodi yophando, imo yophando, ulwakhiwo lophando nalapho kukrotyiswa kokuqulathwe sisahluko ngasinye. Uphengululo lweencwadi lwenziwe eziqulathe umxholo wepragmatiki lwenziwe kwakuso esi sahluko. Ingcaciso yamagama aya kuthi asetyenziswe rhoqo inikiwe kwakuso esi sahluko Isahluko sesibini sijonga nzulu iingcingane eziya kuthi zisetyenziswe njengesikhokelo ekwenzeni olu phando. Ingcingane yolwimi kunye nengcingane yoncwadi zijongiwe kwesi sahluko. Ingcingane zepragmatiki eziquka leyo kaGrice nengundoqo kwipragmatiki nayo ithe yaqwalaselwa. Le ngcingane iye izise iindidi zeentsingiselo namasolotya azo. Ingcingane kaGrice ethi iphuhlise intsingiselo efihlakeleyo, intsingiselo ethe ngqo kunye nocingelo ziya- jongwa gabalala kwesi sahluko. Ingcingane yentetho ntshukumo iya kuthi ijongwe ze kujongwe nonxibelelo lwayo kuncwadi. Isahluko sesithathu sijonga nzulu ukusetyenziswa kwentsingisselo efihlakeleyo kwiincwadi ezikhethelwe esi sifundo. Umgaqo wonxibelelwano nezaci zawo ezizezi; isaci somgangatho, isaci sokungakanani, isaci sonxulumano kunye nesaci sobunjani zijongiwe kwiintetho zabalinganiswa nakwizimvo zombhali. Isaci esizihambelayo nesivela kakhulu ngokusetyenziswa kwesigqebelo namaqhalo naso sithe sajongwa ngokubhekiselele kwiincwadi ezikhethelwe esi sifundo.Isahluko sesine siqwalasele ukusetyenziswa kocingelo. Ucingelo nelilelinye isolotya lepragmatiki. Iindidi zocingelo zithe zajongwa, nezizezi: ucingelo lokukhoyo nokunokwenzeka, ucingelo lokuqonda, ucingelo lonobangela nesiphumo kunye nocingelo lwezichazi nezihlomelo. Izichukumisi zocingelo zijongiwe kugxilwe kwiincwadi zesiXhosa ezikhwethelwe esi sifundo. Isahluko sesihlanu siqwalasele intsingiselo ethe ngqo. Imiba yentsingiselo ethe ngqo efana nokuzigqibela, ukuvala isikhewu, ukunqanda ubumbaxa kunye nokusetyenziswa kwemiqondiso kuthe kwaqwalaselwa kwesi sahluko. Indlela ethe ngqo abalinganiswa abathile abathiywe ngayo ngababhali kwiincwadi ezikhethelwe esi sifundo iye izise intsingiselo ethe ngqo, oko ke kuthe kwaqwalaselwa kwesi sahluko.
- Full Text:
- Date Issued: 2016
Ways of seeing over time: the construction and imagination of ‘historic separation’ in Israeli and Palestinian cultures
- Authors: Butler, Nina Melissa
- Date: 2016
- Language: English
- Type: Thesis , Doctoral , PhD
- Identifier: http://hdl.handle.net/10962/474 , vital:19962
- Description: There exists an international consensus that Palestinian and Israeli societies are ceaselessly and essentially acrimonious. This thesis argues that the conceptualisation of ‘historic separation’ in Palestine/Israel is supported and nourished by national narratives that follow classic historicism and a linear trajectory of essentialised culture progressing over time. Given these patterns in historiography and cultural expressions, conceptualisations of the future are argued to be dominated by the ‘overdetermined’ and ‘sacralised’ pasts that arrest the ability to conceive of alternative horizons. These national narratives are analysed borrowing from the theorisation of Edward Said on hegemonic culture, and Ranjit Guha’s Subaltern critique of historicism. Zionism is argued to function as a cultural hegemony that operates in a mercurial, selfsustaining and vibrant manner that has the effect of what this thesis terms ‘centrifugal magnetism’ on discourse in the region. Palestinian national narratives are held to be in tangential relation to Zionism (a classic colonial master-narrative), thus entering into a ‘terrible embrace’ of destructive colonial/postcolonial repetition that tends towards violent conflict and the discrimination of minorities. This thesis then proposes a ‘way out’ of this historiographical pattern that is argued to tangibly inform the cultural fabric of the region. By drawing on the later works of Mahmoud Darwish, Mustaffa Hallaj and Said, it is proposed that there are traces of a notion of self and community that can be described as postnational. This demands a reconstruction of narratives of the past in the region in a pluralistic fashion that is based upon shared exilic identity in flux over what Darwish termed an ‘open historical space’. Crucially, this alternative postnational narrative opens up conceptualisations of the future and is founded upon a renewed disposition to temporality. This thesis thus concludes by proposing that an understanding of temporality as ‘ecstatic’ and essential to being (Martin Heidegger) should be included as a crucial consideration for the end to conflict and the attainment of just and equitable futures.
- Full Text:
- Date Issued: 2016
- Authors: Butler, Nina Melissa
- Date: 2016
- Language: English
- Type: Thesis , Doctoral , PhD
- Identifier: http://hdl.handle.net/10962/474 , vital:19962
- Description: There exists an international consensus that Palestinian and Israeli societies are ceaselessly and essentially acrimonious. This thesis argues that the conceptualisation of ‘historic separation’ in Palestine/Israel is supported and nourished by national narratives that follow classic historicism and a linear trajectory of essentialised culture progressing over time. Given these patterns in historiography and cultural expressions, conceptualisations of the future are argued to be dominated by the ‘overdetermined’ and ‘sacralised’ pasts that arrest the ability to conceive of alternative horizons. These national narratives are analysed borrowing from the theorisation of Edward Said on hegemonic culture, and Ranjit Guha’s Subaltern critique of historicism. Zionism is argued to function as a cultural hegemony that operates in a mercurial, selfsustaining and vibrant manner that has the effect of what this thesis terms ‘centrifugal magnetism’ on discourse in the region. Palestinian national narratives are held to be in tangential relation to Zionism (a classic colonial master-narrative), thus entering into a ‘terrible embrace’ of destructive colonial/postcolonial repetition that tends towards violent conflict and the discrimination of minorities. This thesis then proposes a ‘way out’ of this historiographical pattern that is argued to tangibly inform the cultural fabric of the region. By drawing on the later works of Mahmoud Darwish, Mustaffa Hallaj and Said, it is proposed that there are traces of a notion of self and community that can be described as postnational. This demands a reconstruction of narratives of the past in the region in a pluralistic fashion that is based upon shared exilic identity in flux over what Darwish termed an ‘open historical space’. Crucially, this alternative postnational narrative opens up conceptualisations of the future and is founded upon a renewed disposition to temporality. This thesis thus concludes by proposing that an understanding of temporality as ‘ecstatic’ and essential to being (Martin Heidegger) should be included as a crucial consideration for the end to conflict and the attainment of just and equitable futures.
- Full Text:
- Date Issued: 2016