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Browsing *Faculty of Commerce, Law and Management (ETDs) by SDG "SDG-11: Sustainable cities and communities"
Item Adequacy of Data Protection Regulation in Kenya(University of the Witwatersrand, Johannesburg, 2023-10) Laibuta, Antony Mugambi; Zitzke, EmileArticle 31 of the Kenyan Constitution provides for the right to privacy. The Kenyan Data Protection Act, 2019 gives effect to Article 31(c) and (d) of the Constitution. This study is about whether data protection regulation in Kenya would inspire any confidence in data subjects who enjoy protection of their right to privacy under Article 31 of the Constitution. Kenya, going with the global trend, in November 2019 enacted the Data Protection Act. Before the enactment, Kenya had debated data protection Bills for over a decade. But even with the enactment of the Data Protection Act, the question remains whether this was sufficient to guarantee the right to privacy and specifically data subject rights. The main aim of this study is to determine the adequacy of data protection regulation in Kenya by responding to five questions: How has data protection evolved in Kenya? What framework should be used to determine the adequacy of data protection regulations? To what extent is the legal framework on state surveillance adequate? To what extent is the legal framework on commercial use of personal data adequate? How adequate are the available remedies in relation to data protection in Kenya? To wit, no comprehensive academic discussion has explored the history of privacy and data protection in Kenya. This study fills this gap in the academic literature. It has established, through highlighting constitutional and statutory provisions, that the right to privacy in Kenya has been in existence since Kenya gained independence from colonial rule. Conversations during the clamour for constitutional reforms shaped the current text that provides for an individual right to privacy which has been the springboard for data protection rights to be introduced. There is no immediately obvious framework that would be ideal to determine the adequacy of data protection regulation in Kenya. In light of this gap, this study has presented a simple set of questions used in day-to-day legal practice to be used as the determination-of-adequacy framework. The questions, “who?”, “why?”, “what?”, “when?”, “where?”, and “how?” are iv posed on State surveillance, surveillance capitalism, and access to effective remedies. Responses to these questions are juxtaposed with provisions of the European Union’s General Data Protection Regulation and South Africa’s Protection of Personal Information Act. The responses reveal the level of adequacy of data protection regulation in Kenya. On adequacy in State surveillance, surveillance capitalism, and availability of effective remedies, the study has revealed that while there are provisions of the law that adequately regulate the three issues, there are gaps and ambiguities that must be addressed to raise the level of adequacy and inspire confidence in data subjects. For the gaps and ambiguities, this study recommends law reforms in the form of amendments to provisions of the Kenyan Data Protection Act, Data Protection (General) Regulations, Competition Act, National Intelligence Service Act, and the Data Protection ADR Framework. This study also recommends enactment of new law including an Artificial Intelligence Act, Data Protection (Statutory Database) Regulations, and Regulations on interception of communications under the Prevention of Terrorism Act and other enabling statutes.Item An exploration of possibilities for information and communications technologies in pursuit of enhanced public participation in lawmaking post Covid-19(2022) Cilliers, InaThe purpose of this project was to explore the nature and impact of public participation practice in the legislative processes of the Gauteng Provincial Legislature (GPL) during and after the Covid -19 pandemic. The disruption to social interaction brought about by the Covid-19 pandemic had an impact on the design, implementation, and evaluation of public participation (PP) in the province. The scope and extent of this disruption was uncertain, yet rapidly evolving and scaling globally. For the GPL to fulfil its constitutional mandate and its commitments citizens, new opportunities for PP had to be explored and threats to PP had to be ameliorated in the context of a “new normal”. The research question is: “How can the information and communications technology revolution be leveraged to enhance public participation in legislative processes.” The study examined historic practice of the institution as well as virtual public hearings and portfolio committee business conducted during the Covid-19 pandemic in 2020 and 2021.The sample population for this study was public participation specialists and participants in the legislative sphere in Gauteng Province, South Africa. A purposive sample was drawn from the GPL community, specifically PP Unit staff, researchers and committee support staff. Focus group discussions were conducted with 18 participants. The public participation events observed included 3 public hearings, 3 sector parliaments, 2 round table events and 1 legislative workshop. The document analysis focused on reports that was tabled for the legislation under scrutiny in the relevant portfolio committees. The study identified threats and opportunities for PP, spaces of disruption and contestation that would require new areas of practice and new skills to be learnt by PP practitioners. The institutions’ journey from traditional PP practice to fully virtual and the resultant pivot to digital innovation was explored. Recommendations were structured around the design, implementation and evaluation of PP in the post-pandemic future. The paradigms of digital marketing and traditional PP practice was assimilated to suggest new ways of conducting the PP mandate that advance deliberation, inclusivity, and quality of lawmakingItem Assessing the challenges in attaining the predetermined organisational performance objectives in the Gauteng Office of the Premier(University of the Witswatersrand, Johannesburg, 2024) Molapho, Makgaba SamuelThis research aims to assess the challenges in attaining the predetermined organisational performance objectives in the Gauteng Office of the Premier. In doing so, I have applied the strategy of qualitative research as well as the case study design. This enabled the research to use semi-structured interviews to collect primary data that informs challenges in attaining the predetermined organisational performance objectives in the Gauteng Office of the Premier. The population of this study is Gauteng Office of the Premier and from this population I have sampled 9 participants using a purposive sampling technique. I have located this research in the academic field of organisational performance studies. This field was suitable for my incumbent research due to its aspect connecting to the research problem. Furthermore, I have established attributes of organisational performance and linked them to interpretative frameworks of this research to answer empirical results. The interpretative frameworks of this study are bureaucracy theory, government management frameworks, Government Wide Monitoring and Evaluation (GWM&E) framework, and programme logical model. Using these frameworks as a lens of interpreting research findings, the study indicates that the organisational structure of Gauteng Office of the Premier is not fit for purpose, and it is not approved by the Department of Public Service and Administration (DPSA). As a result, the organisational structure hinders the office of the premier ability to employ human resources that will achieve predetermined objectives. The findings also point out the challenges of data collection, duplication, and alignment of budget to office priorities. Moreover, it was found that stakeholders are non-compliant and do not conform to the implementation of monitoring and evaluation system. As a result, the Gauteng office of the premier is unable to perform because is depended on stakeholders to achieve the office mandate. Lastly, the findings pointed that challenges of attaining predetermined objectives are linked to components of logical model.Item Balancing the Necessity of Mining Activities and Community Participation in the Pursuit of Environmental Protection(University of the Witwatersrand, Johannesburg, 2021-01-31) Laka, Tshepiso JosephinaMining activities result in a myriad of e nvironmental and health impacts. These issues remain to be primarily ignored by mining companies and government departments. The need for public participation in relation to environmental awareness and protection must be taken into account within mining affected communities, u nfortunately, most mining communities are often not aware that they are entitled to an environmental right under the Constitution of the Republic of South Africa, 1996 (the Constitution). Communities suffer from environmental degradation that is inextricably linked to their quality of life and their well- being. Most mining companies fail to protect mining communities from harmful environmental impacts resulting from mining activities. South Africa depends heavily on mining sectors for its socio-economic advancement to such an extent that many millions of people rely on the revenue generated from mine. It is crucial that while mining sectors are pursuing economic developments, the environment, human health and social issues must be afforded the required protection. As such, this thesis explores the environmental harms associated with mining and the importance of meaningful participation. Notably, these environmental injustices can be mitigated by implementing the already established environmental legal framework. This thesis will further critically discuss how mining companies fail to encourage and promote environmental health and wellbeing by not only enhancing public participation within mining affected communities but to also provide communities with concrete measures to promote the ecologically-centred sustainable developmentItem Coalition politics and urban governance in Johannesburg’s housing policy(2020) Makgale, BonoloThis research was conducted to assesses the nature of coalition government in the Johannesburg Municipality following the 2016 local government election, with a focus on the housing policy and housing provision. A key to understanding the nature of the coalition is to question the rationale behind its formation: was it done to bring more significant administrative and political cohesion or otherwise? The research project agrees with Kotzé (2019) that coalitions are notoriously and inherently tricky, often requiring a balancing act between the interests of parties. Different political ideologies and their impact on possible policy alignment or otherwise are significant contributing factors to the stability or instability of coalition governments. Through a semi-structured interview with members of the Johannesburg Municipality coalition government council and senior political and administrative members of the council, this investigation aimed at answering questions about the nature of the coalition government, coalition government impact on governance, coalition government impact on housing policy and provision and if political, ideological differences might render the city ungovernable and ultimately result to the collapse of the coalition. The researcher noted that the influence of the EFF ‘queen-maker’ status and ability to swing power within the council contributed to the many governance challenges faced by the coalition. A pertinent question remains: who owned the power behind the throne? Was it the EFF or was it former Mayor Herman Mashaba? The rationale behind the formation of this coalition government was essential to maximise power and take power from the ANC but more technically because no party had majority votes that were required to govern the city post the 2016 local government election. The research established that with that rationale in mind this coalition government however faced ideological difference, especially between the two larger political parties in the coalition.Item Critical analysis of City Improvement District governance in inner-city Johannesburg(2021) Ntuli, Lungisani Qaphela PetrosBuilding on the literature on governance of City Improvement Districts (CIDs), this report amplifies the view that urban governance should be about improving the lives of all the residents of the city. This study used the qualitative research methodology to collect data through the analysis of relevant documents on governance and the management of Ekhaya Neighbourhood CID. Further to the analysis, the focus group interview was conducted with the management of the CID, Board of Directors representative and building managers using semi-structured interview questions to gather information and facilitate the discussion. This study found that, even though neighbourhood development initiatives that are implemented by the CIDs make a positive contribution in terms of dealing with crime, grime and other urban management issues in the inner city -the CIDs are driven by the interests of the property and business owners. The critics of the CIDs model argue that their ability to define and control public space is driven by profit-making aspirations and as a result ,amplify urban spatial and social imbalances. This report argues that there is a need for a comprehensive neighbourhood development programme that will level the ground in the fight against the segregation of the disadvantaged inhabitants –from the upgrading of public space to community developmentItem Data protection and borderless borders: the effect of the namibian data protection bill on transborder data flows(University of the Witwatersrand, Johannesburg, 2022) Negonga, Paulina Nangula; Klaaren, JonathanData is the sine qua non of the modern economy. The proliferation of digital industries has led to concerns about the misuse of personal data. The resultant risks have sparked ethical and legal concerns across the globe, prompting the adoption of data protection laws. The Namibian constitution guarantees the right to privacy in Article 13, but the country lacks a comprehensive data protection legal framework. The Namibian government issued a Data Protection Bill in 2013.This dissertation critically analyses sections 2 and 48 of the Data Protection Bill dealing with transborder data flows, by employing a two-part theme. In the first instance, the dissertation advocates for a holistic approach that strikes a balance between the individual’s right to privacy and the economic imperatives of transborder data flow. In the second instance, the dissertation investigates how to effectively govern transborder data flow with the continuous blurring of lines between physical and virtual worlds, where data transcends territorial borders with a simple click. The mainstream argument for regulating transborder data flow is that if there are no restrictions on the transfer of data to third-party countries, personal data may end up in jurisdictions with the laxest, or more likely, no data protection standards, just as money ends up in tax havens. To put the oft-quoted tax analogy into context, there may be nothing preventing international data processors from circumventing domestic data protection requirements by gravitating personal data to data havens. Through an elaborate comparative analysis, primarily referencing three instruments: the oecd Guidelines, the GDPR, and the POPI Act; the dissertation looked at how these issues are considered and whether the Namibian Data Protection Bill matches up to these standards. The analysed regulatory regimes varied; nonetheless, a corollary was drawn to adopt a broader EU-style territorial scope. This dissertation recommends that section 2 of the Bill should be amended to conform with Article 3(2) of the GDPR (targeting test/market principle). The chosen approach actively embraces the fourth industrial revolution by allowing data protection to ‘travel’ with personal data wherever it goes in a globalised world.Item The democratic participatory experiences of black youth in the City of Johannesburg(2020) Ntshwanti, ThandileThe purpose of this study was to assess the response of youth to government public participation platforms and approaches using the youth in the City of Johannesburg as a case study. Local government was chosen as the focus of the study because of its proximity to citizens. The study explored the current approaches used in the City of Johannesburg, the general views on youth participation, the response by youth to current public participation approaches used by the city and how youth participation can be improved. The study used a qualitative research approach. A combination of data collection tools was used. These were observations, document analysis, interviews and focus groups. The findings of the study show that there are various modes and approaches that the city uses to engage with the community of the City of Johannesburg. These include community meetings, suggestion boxes at municipal offices, izimbizo public meetings for discussion of specific issues and official council and ward committee meetings. While the significance of youth participation is acknowledged and expressed in various official documents, the tangible experiences by the youth indicate the opposite. In paper there are youth focused structures, but practically, they are not adequately utilised. Because youth participation is guided by the same rules and principles as general public participation with no specified allowance made for the participation of youth, the youth is not responding positively and as such youth participation is low. That is not to say that the youth has no interest in becoming active citizens, engaging with government. In fact the opposite is true. They are cognisant of their social, political and economic environment, associated challenges and their role as youth in all of it. They are not as cynical and disinterested. There are numerous other reasons why youth participation in broader participation spaces and platforms is low. One reason is that the mainstream approaches used are found to be alienating by the youth. Further, the knowledge of the different ways the youth can engage officials at local government on various issues is limited. Access to information required to participate confidently in these meetings is not easy to accessItem Evaluation of the public participation process in promoting better environmental decision-making(University of the Witwatersrand, Johannesburg, 2023) Ethel, ShumaniPublic participation gives interested and affected parties a chance to engage in environmental governance issues. The NEMA principles state that: ‘The participation of all interested and affected parties in environmental governance must be promoted, and all people must have the opportunity to develop the knowledge, skills, and capacities necessary to achieve equitable and effective participation, and participation by vulnerable and disadvantaged persons must be ensured’. This study assesses the effectiveness of the public participation process in promoting better environmental decision making and analyses South Africa’s environmental legislative framework to determine whether the country has good law or if existing law needs to be revised to promote effective public participation. Environmental decisions made by administrators have recently been challenged in court, raising the possibility that these decisions are not always consistent with good environmental governance. Good environmental governance would entail considering the role of each participant who has an impact on the environment, from the state to NGOs, civil society, and the private sector. Achieving good governance will necessitate a collaborative effort, paving the way for long-term development. The case of Sustaining the Wild Coast was selected for analysis to demonstrate that the environmental legislative framework appears sufficient to promote effective public participation; however, the challenge lies in the implementation, where the competent authorities and project proponents seems hesitant to genuinely engage with the affected and interested parties. The case also demonstrates that for interested and affected parties to be successful in advancing sustainable projects, they need substantial funding because they will need to gather scientific evidence; without such evidence, their chances of failure are increased. This was demonstrated in the Border Deep Sea Angling Association case, which the applicants lost due to a lack of exhaustive scientific evidence. The case of South Durban Community Environmental Alliance highlighted the issue of access to administrative and judicial proceedings. If NGOs are penalised with cost orders despite the sincerity of their litigation, the proceedings may prove costly. Poverty-stricken communities will not be able to afford access to legal instruments and this renders public participation ineffective. As a result, sustainable development will not be realised. The study concludes by proposing techniques for improving the effectiveness of the public participation processItem Examining the incorporation of the market orientation approach within the City of Johannesburg’s integrated development planning(2022) Madlala, LettaMunicipalities in South Africa (SA) are characterised by poor service delivery. This also includes the bigger municipalities, such as the City of Johannesburg (CoJ), which have and continue to struggle to provide adequate services. Providing sufficient services is important in a country because those services contribute to the improvement of the lives of citizens. Secondly, service delivery is one of municipality’s main responsibilities as legislated by “the supreme law of the land, the SA Constitution” (Adonis & Van der Walt, 2017, p.42). The Integrated development planning (IDP Planning) is legislated and compulsory for municipalities to use. It is meant to help municipalities improve service delivery; however, even after many years of implementation the services have not improved (Adonis & Van der Walt, 2017; Asha & Makalela, 2000; Mukwevho & Mtupiri, 2014). As such, the study sought to understand the extent to which a market orientation approach is used by the CoJ IDP Planning. Using the interpretivist research paradigm and the qualitative research methodology, the CoJ was selected to investigate the phenomenon further. Data was collected through a theoretical review analysis and document analysis, with a review period from 2013 to 2026. Data was analysed and interpreted through a Thematic analysis (TA). The findings confirmed the initial proposition and suggested that even though the CoJ is very good with their IDP Planning and Integrated development plan (IDP), this did not translate into improved service delivery. The study also found that the CoJ’s IDP Planning did not fully adopt a market orientation approach as two elements of market orientation, viz. Intelligence generation was incomplete, whilst Intelligence dissemination was absent, which could explain why even with the very best IDP Planning and IDP, the CoJ was still unable to provide adequate services. The study recommended that for the CoJ’s IDP Planning to be efficient in improving service delivery, it must be modified in order to adopt a market orientation approach. This could be attained by including the following omitted elements of market orientation, namely: The dissemination of intelligence throughout the municipality and improving the intelligence generation element of market orientation as follows: Involving all municipal units (i.e. departments, directorates and municipal entities) in the IDP Planning. Furthermore, by ensuring that data used for their IDP Planning is collected through both formal and informal data collection channels and at all times instead of being treated as an event.Item Exploring how monitoring & evaluation practices empower Soweto Community Home-Based Care NPOS(2023) Luthuli, MaxwellMonitoring and evaluation practices are useful management techniques for projects and programmes and their utility is widely lauded in the development sector. However, Soweto Community Home Based Care NPOs grapple with implementation of M & E practices because of inadequate resources to develop and maintain capability for M & E systems. The goal of this research paper was to explore how M & E practices empower Soweto Community Home-Based Care NPOS. Qualitative research method coupled with a multiple case study layout were used in this study. The study was done with 10 Soweto Community Home Based Care NPOs and they were selected using purposive and snowballing sampling techniques. Data was gathered through a semi-structured interview guide and further analysed through thematic analysis process. The results of this research presented that M & E practices are very critical for the implementation of CHBC Programme within CHBC NPOs as it empowers them to remain accountable to the reporting mandates of donors. Moreover, when funding is made available and adequate for M & E activities this assist the CHBC NPOs to enhance, build capacity and institutionalize M & E so that it empowers their decision making and enhance programme implementation. The conclusions were that, when more resources are directed at M & E activities then indeed M & E practices empowers CHBC NPOs. Overall recommendations were that future studies must look at addressing the gap of misaligned policies in relation to M & E practices within CHBC NPOs and look at the role of donors in the implementation of M & E practices. Lastly professionalizing M & E and training all personnel employed by CHBC NPOs to address Human capacity challenges experienced during M & E implementation is fundamental.Item Human capacity to coordinate the City of Johannesburg’s monitoring and evaluation framework(2021) Mohlamonyane, PhelloThe City of Johannesburg adopted a monitoring and evaluation system, the City-wide M&E framework in 2012. The framework was adopted primarily to help the City of Johannesburg to track the progress made towards the achievement of the outcomes of its long-term strategy, the Joburg 2040 GDS. Literature points to the fact that making effective use of an M&E system requires human capacity as one of the key components. This study aimed to assess the existing human capacity levels for the coordination of the City-wide M&E framework in the Group Strategy, Policy Coordination and Relations - M&E (GSPCR-M&E) unit. To answer the research question empirically, a qualitative case study research approach was used through which semi-structured interviews were utilised in the collection of narrative data. Using these interviews, primary data was collected from M&E specialists currently and previously employed in the GSPCR-M&E unit. The participants were selected using purposive non-probability sampling method. Thematic analysis of the participants' responses points to the fact that the City-wide M&E framework is not adequately utilised. The analysis further indicates that the reason for this inadequate use relates to the fact that the framework is not practical on the one hand and the fact that the M&E unit does not have adequate human capacity on the other. The results of the study demonstrate that the M&E unit does not have adequate capacity to coordinate the City-wide M&E framework. On the basis of this conclusion, it is recommended that the City increases its M&E human capacity for the enhancement of overall functioning of M&E in the City of Johannesburg.Item Impact of buyisa ubuntu food bank on livelihoods of kagiso residents during covid-19(University of the Witswatersrand, Johannesburg, 2023) Sekhokoane, Lindeni; Pillay, PundyFood banks are set up as an option when governments are unable to safeguard the food security of their citizens. They intend to ease the numerous threats related to food insecurity. However, the ability of food banks to advance general food security outcomes is limited, even though they have a significant part to play in providing rapid solutions to extreme food dearth. They are meant to be a temporary way out for households that are destitute but a key to attaining food security. The aim of the study is to explore the impact of Buyisa Ubuntu Food Bank on beneficiaries during COVID-19, as well as to understand the coping strategies of these beneficiaries in the midst of the pandemic. Also, the purpose is to determine the extent to which the skills development program has empowered beneficiaries. In order to achieve this, the study sought to determine a) The difference that the Buyisa Ubuntu Food Bank has made to beneficiaries' lives during the COVID-19 pandemic, b) the extent to which the Buyisa Ubuntu Food Bank skills development programme has empowered beneficiaries, c) the coping strategies that were used by the beneficiaries in the absence of the food bank services. The study found that the food bank use in Kagiso Township is due to dire economic difficulties out of the immediate domain of control of beneficiaries, such as poverty and unemployment. The coping strategies utilised by beneficiaries in the absence of food bank services are unsustainable. In an attempt to address the issue of unemployment among the beneficiaries, structural theories of poverty suggest that macroeconomic policy, which stimulates economic growth, both locally and internationally, should also be seen as the key solution for sustainable job opportunities. The findings of the study further revealed that the Buyisa Ubuntu Food Bank made a financial difference in the lives of the beneficiaries through volunteerism and employment. Again, the skills offered at the skills development programme made a difference in the lives of some of the beneficiaries. However, the study found that the choice of skills in this programme is limited, and some skills are not of interest to beneficiaries. It is therefore recommended that the Buyisa Ubuntu Food Bank provides an avenue for beneficiaries to voice their expectations. It is also recommended that iv higher institutions of learning and businesses join forces to provide a variety of skills for people who are food insecure. Buyisa Ubuntu Food Bank faced some distribution challenges, as a result, beneficiaries received food once in three months instead of three consecutive months. This negatively affects the impact of the Buyisa Food Bank on the lives of beneficiaries. To address the food distribution challenges, it is recommended that the Buyisa Ubuntu Food Bank sticks to the standard operating procedure manual, which states that once the beneficiary is approved, the food needs to be distributed to them for threeconsecutive months.Item Initial insights into NPO reporting in a South African context(University of the Witwatersrand, Johannesburg, 2023) Seedat, Aadil; Greenslade, KayleighNon-profit organizations (NPOs) support societies' efforts to meet their social and environmental goals. Donations, subsidies, and grants are major sources of funding for these entities. Funders require useful financial information regarding the stewardship of their financial contributions. This research report provides insight into the current South African NPOs' financial reporting practices and what information South African NPOs deem useful to their users. Using content analysis over the financial statements and websites of 50 NPOs, South African NPO financial reporting practices were studied. The findings suggest that NPO financial reporting may have complexities. NPOs lack a profit motive in contrast to corporatecompanies, which may render current financial reporting standards largely irrelevant in the NPO space. There is a lack of guidance and knowledge regarding how NPOs should report their financial and social responsibility to their donors, beneficiaries, and other stakeholders, specifically in a South African context. The findings of the paper suggest that this lack of financial reporting guidance leads to the lack of standardisation of NPO financial statements. This study provides context on South African NPO financial reporting on which future research can be basedItem Investigating the Critical Factors Affecting Citizens’ e-Government Adoption in South Africa(University of the Witwatersrand, Johannesburg, 2023) Jumbe, Phumelele; Myayise, ThembekileOver the past several years, the rapid advancement of innovative technology has resulted in the expansion of electronic government (e-Government) practices as a novel paradigm for enhancing the provision of public services. Numerous governments worldwide are looking to capitalise on these advancements and see e-Government as a key driver of service efficiency and effectiveness. Unfortunately, e-Government implementation is complex and developing countries, in particular, face greater challenges than their counterparts. This places a greater burden on developing-country governments to develop better policies and strategies in order to facilitate the widespread e-Government uptake. This study investigated the critical factors affecting e-Government adoption in a developing country, South Africa. It used a hybrid TAM- UTAUT model, to explore the critical factors that drive the adoption of e-Government among South African citizens. The study addresses a gap in the e-Government literature in South Africa by presenting a model that government, policymakers, and administrators can employ to effectively expand the country's e-Government implementation program. The survey data collected from 238 respondents underwent analysis using the structural equation modelling (SEM) technique, with IBM SPSS tools utilized for the examination. This study revealed that Trust in e-Government, Performance Expectancy, Social Impact, Facilitating Conditions, Accessibility, and Perceived Enjoyment are pivotal factors influencing the adoption of e- Government among citizens in South Africa. While previous studies suggested age as a moderating variable between Performance Expectancy, Effort Expectancy, Social Impact, and the Behavioural Intention to Use e-Government Services, this study found that age does not act as a moderating variable among these factors. These findings contribute to theoretical understanding of how constructs commonly used in e-commerce can be applied to the e- Government setting, and can further assist the South African government and policymakers in developing effective e-Government policies to support the South African government's renewed approach and program, which aims to transform South African public service into an inclusive digital society where all citizens can reap the benefits of digital technologyItem Is there tension between the enforcement of patent rights and promotion of competition policy in South Africa?(University of the Witwatersrand, Johannesburg, 2023) Sham-Guild, Julia; Marumoagae, ClementThis research report examines the intersection between competition law and patent law. In particular, it examines the abuse of patent rights by dominant players that hinder access to life- changing products. It evaluates the potential tension between protecting patent rights and promoting competition, which raises concerns about equitable access to lifesaving products. Vertical and horizontal prohibited practices, including patent pools, cross-licensing agreements, and pay-for-delay settlements are also discussed, in terms of both encouraging co- operative opportunities benefitting society while also posing the risk of creating platforms for collusion that could lead to price fixing and market allocation for competing patented products. The focus for the South African competition authorities has been on addressing abuse of dominance by patent holders, particularly regarding excessive pricing and equitable access to patented life-saving medicines and vaccines. This research report examines the case law onexcessive pricing and dominant firms' refusal to license patents patented medications, resulting in Competition Commission investigations. This report also addresses equitable access to life- saving medicine, particularly during the COVID-19 pandemic, including South Africa's request to the World Trade Organisation for a TRIPS waiver for patented COVID-19 vaccines. The research report concludes that while there is tension between these areas of law, competition plays a vital role in promoting fair pricing of, and equitable access to, life-saving patentsItem Participatory Governance through ward committee and traditional council structures at Intsika Yethu Municipality(2020) Dantile, Julius JabavuParticipatory governance is a theoretical method within the deliberative and participatory democracy theories. These theories promote the participation of individual citizens in the political decision-making processes to ensure public reasoning and public voice. This research study explored how participatory governance is facilitated at Intsika Yethu Local Municipality (IYLM). It examined the dimensions of participatory governance as theoretical and conceptual frameworks. These include deliberations, decision-making, interactional justice, legitimacy and trust, and monitoring and accountability. Some of the aspects of these dimensions provided the thematic framework to craft research questions, to collect, analyse and interpret data based on theoretical propositions of participatory governance. The research study established that participatory governance is facilitated at IYLM through ward committees lead by the ward councillors and traditional councils under traditional leadership. Ward Councillors working together with traditional leaders hold frequent meetings at ward and community levels. They both participate in the deliberations and decision-making processes through the municipal council meetings and council portfolio committees. Despite systematic and institutional discrepancies which lead to conflictual interactions at some levels, data presented a fair picture of collaborations and partnerships fostered at IYLMItem Public participation challenges facing ward committees in the Senqu Local Municipality(2020) Gqweta, Masabbatha JudithThis purpose of this study was to investigate public participation challenges facing ward committees in the Senqu Local Municipality. This is a rural municipality under the Joe Gqabi District Municipality in the Eastern Cape. Constitutionally local government is legally bound to promote public participation through various mechanisms such as ward committees. To obtain the research objectives, the research applies a qualitative research methodology, using Arnstein’s Ladder of Participation Theory as a basis for public participation in the selected municipality. A literature review was conducted on public participation, local democracy and ward committees functioning. A purposive non-probability sampling was used as it allowed a sample from which participants are selected on the basis of their knowledge on the subject. Primary data collection comprised of semi structured interviews with three municipal officials and focus group discussions with two selected ward committees in the Senqu Local Municipality. The study presents findings from the data analysis and depict that despite the imperative role played by the ward committees, there are still challenges that face ward committees on public participation. The study closes with conclusions, recommendations for the municipality and recommendations for further researchItem Rehabilitation outcomes measurement instruments usage in KwaZulu-Natal and Gauteng healthcare(2022-11) Buthelezi, Mnqobi BasilThere is a lack of rehabilitation outcome data collection and use in South Africa. Important to note in this study discussion are Rehabilitation Outcome Measures which are tools (FIM, BI, MRS, FAI, NEADL) used to collect data and measure the extent of change during and post rehabilitation period. This research purpose aims to evaluate the awareness, and use of rehabilitation outcome data measuring instruments, the available capacity, opportunities of learning and constraints that exist across different settings in public and private rehabilitation healthcare in KZN and GP. A quantitative research strategy was utilised. A cross-sectional, survey design plan of data collection framework was used. Face-to-face primary data collection was conducted in the proposed research sites. Purposive sampling targeting 13 rehabilitation public-private healthcare facilities in KZN, and GP was used. Stratified sampling together with 100% sampling in a small population was conducted. Community of Rehabilitation Multidisciplinary Teams (RMTs) of seven (7) members in public and private hospitals, composed of medical officer(s), nurse(s), clinical psychologist(s), physiotherapist(s), occupational therapist(s), speech/audio therapist(s) and social worker(s) took part in the study. SPSS assisted in results analysis; frequencies and non-parametric Chi-square of independence statistics were utilised to sort any significant associations. Results indicated that 253 subjects participated in the study. Analysed results suggested that n=153 (60.5%) participants were not provided with rehabilitation outcome measuring tools by the facility they were working for. Results suggested a significant negative association in Public Rural Settings (FIM=49.7%, BI=43.8%, MRS=41.9%, p=0.001, FAI=17.6%, p=0.037) and Public Urban Settings (FIM=43.2%, BI=36.5%, MRS=40.5%, p=0.001 and FAI=35.3%, p=0.037) of public healthcare facilities as they were not using rehabilitation OMs. A significant association in use of rehabilitation OMs was found in Private Urban Rehabilitation Healthcare facilities (FIM=56.0%, BI=35.6%, MRS=64.5%, p=0.001 and FAI=47.1%, p=0.037). Public healthcare facilities in KZN and GP were not using rehabilitation outcome measures, while GP Private rehabilitation healthcare facilities were using them. In conclusion, it is recommended that National Rehabilitation Policy (NRP) is subjected to reviews to incorporate standardisation of rehabilitation OMs. A diagnostic evaluation exercise is necessary for Theory Of Change development focusing on rehabilitation healthcare services.Item Social capital and the reawakening of social action among political refugees: a literature review with conceptual framework(University of the Witwatersrand, Johannesburg, 2023-05) Costa, Bruna Capinã Botelho; Booysen,FrederikThis proposal aims to explore the role of social capital in the awakening of social action among political refugees, using a literature review. This research seeks to inform public policies and make recommendations regarding the reception and integration of refugees in host nations. The focus is specifically on political refugees, considering the dynamics of migration in the twenty-first century. Through the utilization of a conceptual framework, a holistic understanding of complex systems is sought, thus enabling the identification of further avenues for research exploration. Recognizing the multidisciplinary nature of refugee issues, this study also acknowledges the significance of considering social, political, and economic factors impacting social actions among political refugees. In conclusion, the development of social capital among refugees necessitates the establishment of supportive networks, intercultural exchange, community participation, access to education and employment, provision of social support services, trust and cooperation, empowerment of refugee leaders, awareness-raising, combating stereotypes, and continuous evaluation and adaptation. Implementing these measures can foster inclusive and resilient environments that prioritize the well-being and dignity of political refugees, regardless of their background