The politics of constitutionalism in South Africa : institutions supporting democracy
- Tsoeu-Ntokoane, Seroala Rose
- Authors: Tsoeu-Ntokoane, Seroala Rose
- Date: 2015
- Subjects: Democracy - South Africa , Human rights - South Africa , Political participation - South Africa , Constitutions - South Africa , South Africa - Ethnic relations , South Africa - Politics and government
- Language: English
- Type: Doctoral (Thesis)
- Identifier: http://hdl.handle.net/10210/84566 , uj:19236
- Description: Abstract: This thesis on the politics of constitutionalism is a broad prognosis on state institutions supporting democracy in South Africa. Empowered by the country's supreme law, the chapter 9 institutions are essential elements of the country's rights infused constitutional democracy. This study employed a qualitative research design to make sense of a wide variety of secondary data sources on selected cases of Chapter 9 institutions: the South African Human Rights Commission (SAHRC), the Commission for Gender Equality (CGE) and the Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities (CRCRL). The research design used is decidedly qualitative, with the express intention of understanding unique interactions that formed these institutions' creation and their current performance. The study's primary premise is that the constitutional form of government in South Africa and the institutional arrangements it has spawned are bound up in a legitimatising and symbiotic continuum. However, these institutions have not actualised the purpose for which they were set up but are experiencing ongoing performance problems. In this thesis, I have argued that the problem with these institutions originates from their founding. They are products of the country's fractious history, internationally driven human rights discourse and also the negotiated settlement. Seeing these institutions this way allows for a wider reading of constitutions as more than rule-bound documents, but as empowering certain institutional forms over others. In this way we can understand why Chapter 9 institutions were created and the effect they have had in realising desired outcomes of the democratic government. Having found these institutions to be underwhelming in terms of their performance, necessary questions have been asked of their relevance to the current political environment. Logically capacitating them may seem to be a panacea for their problems. Government support in terms of funding is essential as much as political will to support and respect the work these institutions do on a continuous basis. Similarly, these institutions have to perform, they have to actually do the job for which they were created, they should strive to be accessible and public support of their function will naturally follow.... , D. Litt. et Phil. (Politics)
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- Authors: Tsoeu-Ntokoane, Seroala Rose
- Date: 2015
- Subjects: Democracy - South Africa , Human rights - South Africa , Political participation - South Africa , Constitutions - South Africa , South Africa - Ethnic relations , South Africa - Politics and government
- Language: English
- Type: Doctoral (Thesis)
- Identifier: http://hdl.handle.net/10210/84566 , uj:19236
- Description: Abstract: This thesis on the politics of constitutionalism is a broad prognosis on state institutions supporting democracy in South Africa. Empowered by the country's supreme law, the chapter 9 institutions are essential elements of the country's rights infused constitutional democracy. This study employed a qualitative research design to make sense of a wide variety of secondary data sources on selected cases of Chapter 9 institutions: the South African Human Rights Commission (SAHRC), the Commission for Gender Equality (CGE) and the Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities (CRCRL). The research design used is decidedly qualitative, with the express intention of understanding unique interactions that formed these institutions' creation and their current performance. The study's primary premise is that the constitutional form of government in South Africa and the institutional arrangements it has spawned are bound up in a legitimatising and symbiotic continuum. However, these institutions have not actualised the purpose for which they were set up but are experiencing ongoing performance problems. In this thesis, I have argued that the problem with these institutions originates from their founding. They are products of the country's fractious history, internationally driven human rights discourse and also the negotiated settlement. Seeing these institutions this way allows for a wider reading of constitutions as more than rule-bound documents, but as empowering certain institutional forms over others. In this way we can understand why Chapter 9 institutions were created and the effect they have had in realising desired outcomes of the democratic government. Having found these institutions to be underwhelming in terms of their performance, necessary questions have been asked of their relevance to the current political environment. Logically capacitating them may seem to be a panacea for their problems. Government support in terms of funding is essential as much as political will to support and respect the work these institutions do on a continuous basis. Similarly, these institutions have to perform, they have to actually do the job for which they were created, they should strive to be accessible and public support of their function will naturally follow.... , D. Litt. et Phil. (Politics)
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The role of the Public Protector in promoting democratic governance
- Authors: Cleophas, Letsiri
- Date: 2018
- Subjects: South Africa. Office of the Public Protector , Democracy - South Africa , Government accountability - South Africa , Ombudspersons - South Africa
- Language: English
- Type: Doctoral (Thesis)
- Identifier: http://hdl.handle.net/10210/403241 , uj:33780
- Description: Abstract : The aim of this study was to gain an understanding of the nature of the role of the Public Protector in promoting democratic governance. The Office of the Public Protector is one of the institutions that constitutes the Chapter 9 institutions (State Institutions Supporting Constitutional Democracy) of the Constitution of the Republic of South Africa of 1996. This study is intended to strengthen academic discourse for the continued support of the Office of the Public Protector as an independent functionary to advance accountability. The enquiry is premised on the concept of democratic good governance, which aims to hold the government accountable for its actions and/or omissions. The apathy of the South African public, who has generally remained silent amidst the scathing attacks directed at the Public Protector, prompted this study to carefully pose the following dual primary research question: What is the role and challenges of the Public Protector as an independent Chapter 9 institution, and do the remedial actions of the Public Protector contribute to the implementation of good governance in the South African constitutional democracy? The methodology entailed a desktop analysis of literature and official documents to conceptualise the area of investigation. The data-collection sources for the desktop analysis also included global authoritative books, articles, court findings, and regulatory, policy, and strategy documents. The generated information was scrutinised through a process of intellectual analysis, categorisation, classification, integration, reflection, comparison, and synthesis. The approach was qualitative and included specific dimensions of unobtrusive research techniques to eliminate bias and to promote conceptual and contextual analyses. The emphasis of this thesis is the functioning, problems, challenges, pressures, and the power of the remedial recommendations and actions of the Office of the Public Protector in South Africa within its constituent structures and statutory parameters. The Public Protector functions cooperatively with all other institutions whose mandate it is to promote good governance, which includes the legislature, independent judiciary, and the other Chapter 9 institutions. Oversight institutions have a collective responsibility to ensure the promotion of good governance and to enhance democracy in South Africa. As a result of the interdependence of all levels of government, any discussion of constitutional mandates will inevitably touch on iv certain matters that will affect not only the other government levels in general but the total legislative and policy effort in particular. , D.Phil. (Public Management and Governance)
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- Authors: Cleophas, Letsiri
- Date: 2018
- Subjects: South Africa. Office of the Public Protector , Democracy - South Africa , Government accountability - South Africa , Ombudspersons - South Africa
- Language: English
- Type: Doctoral (Thesis)
- Identifier: http://hdl.handle.net/10210/403241 , uj:33780
- Description: Abstract : The aim of this study was to gain an understanding of the nature of the role of the Public Protector in promoting democratic governance. The Office of the Public Protector is one of the institutions that constitutes the Chapter 9 institutions (State Institutions Supporting Constitutional Democracy) of the Constitution of the Republic of South Africa of 1996. This study is intended to strengthen academic discourse for the continued support of the Office of the Public Protector as an independent functionary to advance accountability. The enquiry is premised on the concept of democratic good governance, which aims to hold the government accountable for its actions and/or omissions. The apathy of the South African public, who has generally remained silent amidst the scathing attacks directed at the Public Protector, prompted this study to carefully pose the following dual primary research question: What is the role and challenges of the Public Protector as an independent Chapter 9 institution, and do the remedial actions of the Public Protector contribute to the implementation of good governance in the South African constitutional democracy? The methodology entailed a desktop analysis of literature and official documents to conceptualise the area of investigation. The data-collection sources for the desktop analysis also included global authoritative books, articles, court findings, and regulatory, policy, and strategy documents. The generated information was scrutinised through a process of intellectual analysis, categorisation, classification, integration, reflection, comparison, and synthesis. The approach was qualitative and included specific dimensions of unobtrusive research techniques to eliminate bias and to promote conceptual and contextual analyses. The emphasis of this thesis is the functioning, problems, challenges, pressures, and the power of the remedial recommendations and actions of the Office of the Public Protector in South Africa within its constituent structures and statutory parameters. The Public Protector functions cooperatively with all other institutions whose mandate it is to promote good governance, which includes the legislature, independent judiciary, and the other Chapter 9 institutions. Oversight institutions have a collective responsibility to ensure the promotion of good governance and to enhance democracy in South Africa. As a result of the interdependence of all levels of government, any discussion of constitutional mandates will inevitably touch on iv certain matters that will affect not only the other government levels in general but the total legislative and policy effort in particular. , D.Phil. (Public Management and Governance)
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