Presidential accountability for cabinet appointments in South Africa
- Authors: Phorego, Molefhi Solomon
- Date: 2021-04
- Subjects: Gqeberha (South Africa) , Eastern Cape (South Africa) , Executive power--South Africa
- Language: English
- Type: Doctoral theses , text
- Identifier: http://hdl.handle.net/10948/51212 , vital:43228
- Description: The President’s power to appoint cabinet members in South Africa constitutes an essential part of the country’s constitutional framework. It is a discretionary power exercised by the President in his capacity as Head of State bestowed on him by the Constitution, which underpins cabinet appointments.The underlying debates in relation to the President’s power to make cabinet appointments lie between justiciability and non-justiciability. In this respect, there are two schools of thought regarding the question whether the exercise of such a power may be the subject of a judicial inquiry, and if so, to what extent. This thesis provides insight into the nature and origin of the President’s power to appoint cabinet members. It also delves deeply into issues raised by the doctrine of separation of powers surrounding the exercise of this power. The core focus of the thesis is on the extent to which the President can be held accountable for making cabinet appointments. The main argument advanced is that because South Africa is a country founded on the principles of constitutional supremacy and the rule of law, every exercise of public power should be subject to the Constitution, including the President’s power to appoint cabinet members. The determination of whether public power is in line with the dictates of the Constitution calls for an independent judiciary, with the power to rule on any aspect of societal disputes. In pursuit of the above, the thesis analyses the constitutional provisions and case law relevant to the President’s powers as Head of State. The research highlights, amongst others, the President’s duty to give reasons for cabinet appointments. On this point it is submitted that the President does have the constitutional obligation to give reasons for cabinet appointments. Comparisons with other jurisdictions on cabinet appointment processes and oversight mechanisms regarding the exercise of that power form the backdrop against which recommendations are made in the thesis. Proposals are advanced for increased legislative oversight in cabinet appointments. Such oversight should focus on inter alia, the President’s duty to furnish reasons for cabinet appointments. The thesis also proposes a constitutional framework in terms of which Parliament plays a role in the selection of appointees to cabinet. The rationale behind this recommendation is the minimising of instances in which the judiciary is accused of overreaching on the powers of the political organs of government. The courts should, however, still retain the power to pronounce whether both the President and Parliament have fulfilled their relevant constitutional obligations in relation to the process of cabinet appointments. , Thesis (PhD) -- Faculty of Law, Public Law, 2021
- Full Text:
- Date Issued: 2021-04
- Authors: Phorego, Molefhi Solomon
- Date: 2021-04
- Subjects: Gqeberha (South Africa) , Eastern Cape (South Africa) , Executive power--South Africa
- Language: English
- Type: Doctoral theses , text
- Identifier: http://hdl.handle.net/10948/51212 , vital:43228
- Description: The President’s power to appoint cabinet members in South Africa constitutes an essential part of the country’s constitutional framework. It is a discretionary power exercised by the President in his capacity as Head of State bestowed on him by the Constitution, which underpins cabinet appointments.The underlying debates in relation to the President’s power to make cabinet appointments lie between justiciability and non-justiciability. In this respect, there are two schools of thought regarding the question whether the exercise of such a power may be the subject of a judicial inquiry, and if so, to what extent. This thesis provides insight into the nature and origin of the President’s power to appoint cabinet members. It also delves deeply into issues raised by the doctrine of separation of powers surrounding the exercise of this power. The core focus of the thesis is on the extent to which the President can be held accountable for making cabinet appointments. The main argument advanced is that because South Africa is a country founded on the principles of constitutional supremacy and the rule of law, every exercise of public power should be subject to the Constitution, including the President’s power to appoint cabinet members. The determination of whether public power is in line with the dictates of the Constitution calls for an independent judiciary, with the power to rule on any aspect of societal disputes. In pursuit of the above, the thesis analyses the constitutional provisions and case law relevant to the President’s powers as Head of State. The research highlights, amongst others, the President’s duty to give reasons for cabinet appointments. On this point it is submitted that the President does have the constitutional obligation to give reasons for cabinet appointments. Comparisons with other jurisdictions on cabinet appointment processes and oversight mechanisms regarding the exercise of that power form the backdrop against which recommendations are made in the thesis. Proposals are advanced for increased legislative oversight in cabinet appointments. Such oversight should focus on inter alia, the President’s duty to furnish reasons for cabinet appointments. The thesis also proposes a constitutional framework in terms of which Parliament plays a role in the selection of appointees to cabinet. The rationale behind this recommendation is the minimising of instances in which the judiciary is accused of overreaching on the powers of the political organs of government. The courts should, however, still retain the power to pronounce whether both the President and Parliament have fulfilled their relevant constitutional obligations in relation to the process of cabinet appointments. , Thesis (PhD) -- Faculty of Law, Public Law, 2021
- Full Text:
- Date Issued: 2021-04
The implementation of tourism curriculum in secondary schools in Fort Beaufort Education District, Eastern Cape Province: implications for sustainable tourism
- Mbilini-Kuze, Bukiwe Nomonde Constance
- Authors: Mbilini-Kuze, Bukiwe Nomonde Constance
- Date: 2021-04
- Subjects: Education, Secondary -- Curricula , Curriculum planning
- Language: English
- Type: Doctoral theses , text
- Identifier: http://hdl.handle.net/10353/24728 , vital:63536
- Description: This study examined the implementation of Tourism curriculum in Secondary Schools in Fort Beaufort Education District in the Eastern Cape. The study arose from a concern that despite the Government of the Eastern Cape organizing workshops to facilitate the implementation of Tourism curriculum for secondary school teachers, research has shown that teachers have not improved their classroom practice. It discussed the concept of Tourism curriculum implementation and highlighted problems militating against curriculum implementation at secondary school level. The researcher adopted the mixed method methodology which is embedded in the post-positivist research paradigm. The post-positivist research paradigm explains the way things are and views objectivity as an ideal that can never be achieved, however research should be conducted with greater awareness of subjectivity. By combining qualitative and quantitative methodologies, it assisted the researcher to strike a balance and avoid being subjective on issues of teacher capacity, teaching strategies and assessment, availability and use of resources and support and monitoring. The research methods used in this study include questionnaires, interviews, document analysis and observations. The findings of the study showed that there are limitations in the implementation of Tourism curriculum because of lack of capacity of School management Teams and teachers who are implementing NCS Tourism. Although the teaching strategies and assessment are stipulated in the curriculum document teachers are not using appropriate methods and assessment. Moreover, there are crucial resources and facilities provided by SMTs and the Department of Education to implement Tourism curriculum, inadequate compared to those provided for other subjects. Moreover there are limitations in terms of support (including training) and monitoring systems which are in place to enable the implementation of NCS Tourism. Possible areas for future research were highlighted and recommendations were made, for example the researcher recommends teachers to be trained adequately in order to effectively implement the Tourism curriculum. Teachers should be encouraged to use new learner-centred teaching strategies and resources should be provided in all secondary schools through the combined effort of the government, Fort Beaufort Education district and the School Management Teams (SMTs). Support and monitoring systems should be in place for proper implementation of Tourism curriculum. Tourism industries should contribute through provision of instructional materials and teachers as implementers of the curriculum should be involved in decision-making and curriculum planning. The government should employ enough teachers qualified to teach Tourism. On the other hand subject advisors should be adequately trained to enable them to provide relevant support to teachers in Fort Beaufort secondary schools. All stakeholders should be involved in fostering skills and capacities at local level to develop sustainable Tourism and local development in an integrated way. The study identified a possible an alternative model for the implementation of Tourism curriculum. , Thesis (PhD) -- Faculty of Education, 2012
- Full Text:
- Date Issued: 2021-04
- Authors: Mbilini-Kuze, Bukiwe Nomonde Constance
- Date: 2021-04
- Subjects: Education, Secondary -- Curricula , Curriculum planning
- Language: English
- Type: Doctoral theses , text
- Identifier: http://hdl.handle.net/10353/24728 , vital:63536
- Description: This study examined the implementation of Tourism curriculum in Secondary Schools in Fort Beaufort Education District in the Eastern Cape. The study arose from a concern that despite the Government of the Eastern Cape organizing workshops to facilitate the implementation of Tourism curriculum for secondary school teachers, research has shown that teachers have not improved their classroom practice. It discussed the concept of Tourism curriculum implementation and highlighted problems militating against curriculum implementation at secondary school level. The researcher adopted the mixed method methodology which is embedded in the post-positivist research paradigm. The post-positivist research paradigm explains the way things are and views objectivity as an ideal that can never be achieved, however research should be conducted with greater awareness of subjectivity. By combining qualitative and quantitative methodologies, it assisted the researcher to strike a balance and avoid being subjective on issues of teacher capacity, teaching strategies and assessment, availability and use of resources and support and monitoring. The research methods used in this study include questionnaires, interviews, document analysis and observations. The findings of the study showed that there are limitations in the implementation of Tourism curriculum because of lack of capacity of School management Teams and teachers who are implementing NCS Tourism. Although the teaching strategies and assessment are stipulated in the curriculum document teachers are not using appropriate methods and assessment. Moreover, there are crucial resources and facilities provided by SMTs and the Department of Education to implement Tourism curriculum, inadequate compared to those provided for other subjects. Moreover there are limitations in terms of support (including training) and monitoring systems which are in place to enable the implementation of NCS Tourism. Possible areas for future research were highlighted and recommendations were made, for example the researcher recommends teachers to be trained adequately in order to effectively implement the Tourism curriculum. Teachers should be encouraged to use new learner-centred teaching strategies and resources should be provided in all secondary schools through the combined effort of the government, Fort Beaufort Education district and the School Management Teams (SMTs). Support and monitoring systems should be in place for proper implementation of Tourism curriculum. Tourism industries should contribute through provision of instructional materials and teachers as implementers of the curriculum should be involved in decision-making and curriculum planning. The government should employ enough teachers qualified to teach Tourism. On the other hand subject advisors should be adequately trained to enable them to provide relevant support to teachers in Fort Beaufort secondary schools. All stakeholders should be involved in fostering skills and capacities at local level to develop sustainable Tourism and local development in an integrated way. The study identified a possible an alternative model for the implementation of Tourism curriculum. , Thesis (PhD) -- Faculty of Education, 2012
- Full Text:
- Date Issued: 2021-04
An analysis of ethics and governance practices in the public sector: United Nations and African Union perspectives
- Authors: Shindika, Emmanuel Selemani
- Date: 2015
- Subjects: United Nations , African Union , Public administration -- Moral and ethical aspects
- Language: English
- Type: Doctoral theses , text
- Identifier: http://hdl.handle.net/10353/26164 , vital:64946
- Description: Recent studies highlight the importance of improving governance and ethics in public entities, especially in Africa. However, doing so requires an understanding on what forms governance and ethics in public institutions, particularly at a national level. Such considerations necessitates that some focus on continental and world institutions, such as, the African Union and the United Nations. These institutions have been in existence for a number of years with mandates of improving member states governance and ethics, as well as, service delivery to the public. As such, this research primarily focuses on understanding the roles played by the AU and the UN in shaping governance and ethics to member states, as well as, of its employees. The focus of this inquiry was to understand individual narratives about how working for public institutions on a daily to day basis influences governance and ethics understanding and application. Therefore, in order to properly analyse the narratives from respondents, the study applied an inductive and qualitative approach in order to explore how the AU and UN systems influence governance and ethics for member s states and employees. Data was collected through semi structured interviews with UN and AU officials, as well as public servants of member states for those organisations. The study made use of a thematic analyses method of interpreting data. A total of six major themes emerged, they are as follows: ethics a part in governance; effectiveness of AU and UN systems; disciplinary role; ethical guidelines and standards influence on public sector; member states adherence to the UN/AU ethical conduct; and implementation gaps in ethical guidelines within member states. Interviews were conducted in four countries namely; South Africa, Tanzania, Mauritius and Botswana. Findings from the study pointed that the AU and UN systems have loopholes in dealing with issues of governance and ethics. Moreover, member states respondents also pointed to the loopholes in those two organisations. The research suggests that member states should tighten their public entities ethical compliance assessments and follow suggestions from the UN and AU. Final recommendations and suggestions for further research are provided. , Thesis (PhD) -- Faculty of Management and Commerce, 2015
- Full Text:
- Date Issued: 2015
- Authors: Shindika, Emmanuel Selemani
- Date: 2015
- Subjects: United Nations , African Union , Public administration -- Moral and ethical aspects
- Language: English
- Type: Doctoral theses , text
- Identifier: http://hdl.handle.net/10353/26164 , vital:64946
- Description: Recent studies highlight the importance of improving governance and ethics in public entities, especially in Africa. However, doing so requires an understanding on what forms governance and ethics in public institutions, particularly at a national level. Such considerations necessitates that some focus on continental and world institutions, such as, the African Union and the United Nations. These institutions have been in existence for a number of years with mandates of improving member states governance and ethics, as well as, service delivery to the public. As such, this research primarily focuses on understanding the roles played by the AU and the UN in shaping governance and ethics to member states, as well as, of its employees. The focus of this inquiry was to understand individual narratives about how working for public institutions on a daily to day basis influences governance and ethics understanding and application. Therefore, in order to properly analyse the narratives from respondents, the study applied an inductive and qualitative approach in order to explore how the AU and UN systems influence governance and ethics for member s states and employees. Data was collected through semi structured interviews with UN and AU officials, as well as public servants of member states for those organisations. The study made use of a thematic analyses method of interpreting data. A total of six major themes emerged, they are as follows: ethics a part in governance; effectiveness of AU and UN systems; disciplinary role; ethical guidelines and standards influence on public sector; member states adherence to the UN/AU ethical conduct; and implementation gaps in ethical guidelines within member states. Interviews were conducted in four countries namely; South Africa, Tanzania, Mauritius and Botswana. Findings from the study pointed that the AU and UN systems have loopholes in dealing with issues of governance and ethics. Moreover, member states respondents also pointed to the loopholes in those two organisations. The research suggests that member states should tighten their public entities ethical compliance assessments and follow suggestions from the UN and AU. Final recommendations and suggestions for further research are provided. , Thesis (PhD) -- Faculty of Management and Commerce, 2015
- Full Text:
- Date Issued: 2015
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