Suchergebnisse

In light of the growing consensus surrounding the need for the emergence of Democratic Developmental States in Africa, this thesis analyses the concept within the context of two Southern African states: Botswana and South Africa. In this regard, it critically analyses the extent to which Botswana and South Africa can be considered to be Democratic Developmental States by making use five benchmarks of a Democratic Developmental State. It does so by firstly exploring and defining the concept and theory of the Developmental State as well as the concept of the Democratic Developmental State. Secondly, the thesis surveys the contributions made by five key authors, namely, Richard Sklar, Adrian Leftwich, Mark Robinson, Gordon White and Omano Edigheji, to the topic of the Democratic Developmental State and outlines the following five benchmarks of a Democratic Developmental State: Development-Oriented Political Leadership; Effective and Well-Insulated Economic Bureaucracy; Developmental Success; Consolidated Electoral Democracy; and Popular Participation in the Development and Governance Process. Thirdly, the five benchmarks are used to critically analyse whether Botswana and South Africa can truly be regarded as Democratic Developmental States. In this regard, the thesis finds that neither state fully exhibits all five outlined benchmarks of a Democratic Developmental State: While Botswana exemplifies most of the five outlined benchmarks of a Democratic Developmental State, this thesis finds that South Africa still has a long to go before it can be regarded as a Democratic Developmental State. In this manner, this thesis provides possible recommendations which will assist both Botswana and South Africa towards becoming fully-fledged Democratic Developmental States.

Immigration Law in South Africa outlines the existing law applicable to foreigners as reflected in the Immigration Act, the Citizenship Act, the Domicile Act and the Extradition Act as at 31 July 2017. The book also draws attention to the policy shifts by the South African government in the White Paper on International Migration, the Border Management Act, and the Discussion Paper on the repositioning of the Department of Home Affairs within the security cluster.

The majority of people in southern Africa today are youth, some of whom spend much of their time on streets. Structural adjustment programmes, factors associated with modernisation and AIDS have all led to an increase in the number of young people who are on the streets. Street youth are a diverse group, although the distinction between youth on the street, youth of the street and abandoned youth does not make much sense in southern Africa. Looks at the various policy approaches towards street youth and concludes that a multi-sectored and integrated approach is needed to deal with the phenomenon of street youth. (Original abstract - amended)

One Sunday evening, a political correspondent was interviewing a local politician in a regional television studio. An angry rival burst in, abusing the interviewee and brining the programme to a halt, while a heavily-armed mob of his supporters clashed with security personnel at the front door. South Africa is very much the world's favourite nation at present, a paragon of international virtue providing rhetorical fodder from Westminster Abbey to the White House lawn. It has an excellent new constitution containing a Bill of Rights promising freedom of expression, association and information. But these are just words on paper when a minister can terminate a broadcast and have his lame excuse (that he thought the programme was finished) accepted by his cabinet colleagues. The whole episode has been quietly brushed under the carpet in spite of public outrage from the South African Broadcasting Corporation, political parties (all of them except the pro-apartheid Conservative party and, of course, Inkatha) and human rights groups. It would appear that the freedoms, both proactive and protective, launched with great fanfare, in April can be arbitrarily kicked aside by a politician with a grievance. The fact that this is a good old tradition - broadcasters in the apartheid years routinely took orders from Cabinet ministers - says little for democracy in the new South Africa.

628Relationship of international law and municipal law — Treaties — Effect — United Nations Convention against Corruption, 2003 — Southern African Development Community Drugs and Corruption Protocols — African Union Convention — Prevention and Combating of Corrupt Activities Act — South African Constitution — Duty of State to fight corruption — Source of obligation — Nature of obligation — Content of obligation — Section 7(2) of Constitution — Duty of State to respect, protect, promote and fulfil rights in Bill of Rights — Impact of corruption on ability to fulfil duty — Impact of international law on Republic of South Africa — Status of international agreements — Section 231 of Constitution — Interpretation of Bill of Rights — Section 39(1)(b) of Constitution — South Africa's obligations under international law — Whether South Africa obliged under international law to establish independent anti-corruption unit — Whether obligation existing and enforceable in domestic sphere — Whether Constitution imposing obligation on State to establish independent anti-corruption agency — National legislation establishing Directorate for Priority Crime Investigation ("DPCI") — Whether DPCI meeting requirement of independence — Whether national legislation constitutionally validTreaties — Effect — Status of international agreements in South Africa — Section 231 of South African Constitution — Section 231(2) of Constitution providing treaties approved by Parliament binding on South Africa — Section 231(4) requiring incorporation by national legislation for treaty to bind South Africa — Effect of treaties in international and domestic spheres — Rights and obligations contained in treaties — Nature of rights and obligations in domestic sphereHuman rights — Bill of Rights — Interpretation — Duty of State to respect, protect, promote and fulfil rights in Bill of Rights — Section 7(2) of South African Constitution — Section 39(1)(b) of Constitution — Fight against corruption — Corruption undermining State's ability to fulfil duty in relation to rights in Bill of Rights — Whether constitutional duty to establish independent anti-corruption unit — Definition of independence — Obligations in international agreements on combating corruption binding South Africa — Whether anti-corruption unit established by national legislation having necessary independence — The law of South Africa