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- ItemAn evaluation of political interference in the administration of service delivery in uMlalazi Local Municipality of Kwazulu-Natal, South Africa(University of Zululand, 2019) Mngomezulu, SengiwakhileThe study focused on the evaluation of political interference in the administration of service delivery in uMlalazi Local Municipality, Kwazulu Natal. The aim of the study was to identify the challenges and the concerns of municipal officials, ward committee members and politicians about political interference in their administrative duties and to highlight the impact it has on service delivery as well as come up with the possible solutions with regards to the issue of undue political interference in the administration of service delivery. This study started by reviewing the political interference in the administration of service delivery and Constitutional basis for service delivery. Thereafter, the candidate undertook original research on a valid sample of municipal officials, ward committee members and politicians of uMlalazi local municipality. Questionnaire were sent to a sample of 7 municipal officials, 3 ward committee members and 6 politicians of opposition parties domicile within uMlalazi local municipality. The researcher adopted qualitative methodology for the analyses upon which conclusions were drawn. The study describes the respondents concerns, challenges and possible solutions for the issue of political interference in the administration of service delivery. The main findings show that the majority of the respondents agreed that political interference lead to poor service delivery in uMlalazi local municipality.
- ItemA Comparative Study of Offenders’ Rights to Rehabilitation in South African and the Democratic Republic of Congo Prison Systems(University of Zululand, 2019) Bajika, Benabiabu MamieThis study analyses the protection and enforcement of offenders’ rights to rehabilitation in South African and the Democratic Republic of Congo (DRC) prison systems. These two jurisdictions signed and ratified the International Covenant on Civil and Political Rights (ICCPR) as the first legally binding instrument imposing states members to brand their prisons as reformatories and social rehabilitation institutes. The analysis first, is worrisome to incarcerate offenders in the South African and DRC prison systems because they will destroy them instead of being rehabilitated. Second, the two countries are plagued by the rate of recidivism while rehabilitation is the right of offenders. The objective of this study is to investigate the extent to which the two countries respect, protect, and fulfil the right to rehabilitation as required by their international, regional norms and standards, and provide decision-makers with tools to improve the rehabilitation in the two jurisdictions. For this study, the legal elements of offenders’ right to rehabilitation comprised the right to self-determination, religion, education, work, cultural activity, vocational and training programmes, pre-release programmes, psychiatric programmes, psychological programmes, social work programmes, teacher, dignity, equality, discrimination, freedom from torture, freedom from being treated or punished in a cruel, inhuman or degrading way, healthcare, food and water, and the right to clothing and bedding. To remedy the problem, the study was desktop research that used primary and secondary sources of data for contextual insight and critical commentary. Among the findings, the study found that the right to rehabilitation in the two jurisdictions is violated to the extent that offenders could be ill-treated and overcrowding is still unavoidable. Unlike the DRC government, which abandoned its prisons since the wrong process of Zairianization or Nationalisation, in other words, the South African government, however, respects, protects and fulfils the extent that courts can intervene in favour of offenders. DRC NGOs also assist offenders with what they can to rehabilitated offenders if they consider offenders as equal without discrimination to comply with international obligations. There still is non-compliance in xi fulfilling the right to rehabilitation from the DRC government’s side. Recommendations from the study are that both countries should abide by their obligations as clarified in the international and regional treaties regarding the right to rehabilitation. Regarding overcrowding, South African courts must consider the private interest of the applicant requesting his or her achievement while incarcerated to be considered as “highly meritorious” services and be granted a special remission of sentence. The victim or his or her relative, however, should also be implicated in this process. The DRC government, in turn, has two options: it either privatises its prisons or remedies the challenge of arbitrary arrest. Furthermore, South Africa should learn lessons from the DRC regarding the matter of nationalisation, and the DRC should learn lessons from South Africa in putting the right to rehabilitation at the centre within its prison systems while amending its OrdinanceLaw No 344 of 17 September 1965 governing the prison systems to make it clear concerning matters of rehabilitation, as per the South African Correctional Act 111 of 1998 and the 2005 South African White Paper on Correctional Services and align it with international treaties.
- ItemAssessing community participation in the Integrated Development Plan to enhance service delivery at Mbizana Local Municipality(University of Zululand, 2021) Matyana, MandisiThis study was undertaken to assess the community participation in the Integrated Development Plan. The study aimed to identify the causes for poor service delivery in the Mbizana Local Municipality. The study attempted to comprehend if this poor service delivery is caused by the inadequate management of an Integrated Development Plan (IDP) or the lack of community participation in local government affairs, particularly in the Integrated Development Plan. The existing literature reveals that poor service delivery could be caused by aspects, such as a lack of communication, participation, corruption, fraud, political interference in administration, elevated levels of unemployment and inadequate institutional capacity. Data was collected from both municipal officials and community citizens to understand the causes of poor service delivery in Mbizana Local Municipality. This was conducted by employing the qualitative approach. Semi-structured interviews served as a device to collect data from the study participants, representing community citizens, and municipal officials. This device was chosen attributable to its ability to collect as much information as possible from the study participants; therefore, participants were not limited when responding to the interview questions. The study findings reveal that the poor service delivery at Mbizana Local Municipality is caused by a lack of community participation and inadequate management of the Integrated Development Plan formulations. First, this is because the community citizens do not understand the processes of an Integrated Development Plan formulation and its importance to their lives. Second, the municipal officials also fail to adequately deliver municipal services attributable to concerns, such as internal political conflicts, corruption, and failure to maintain open communication with the local constituents. The study provides recommendations suggesting potential solutions for poor service delivery in Mbizana Local Municipality, which can also be adopted by all South African municipalities.
- ItemAn assessment of public participation in KwaZulu-Natal legislature in compliance with the constitution of the Republic of South Africa, 1996.(University of Zululand, 2021) Mngomezulu, Kwanda TalenteSince the inception of democracy in South Africa, public participation has become an essential element of democracy. This concept of public participation has become crucial in strengthening democracy as well as in trying to maintain a balance between representative and participatory democracy. The nation’s Constitution imposes a constitutional imperative upon the legislature to ensure ‘public involvement’ using legislative processes. This concept of ‘public participation’ therefore is a concept encompassing all democratic participation processes. It is the most conventional avenue to consider and incorporate the voices and will of community members in the law-making process. Meanwhile, the legitimacy of the statutes enacted by the government has been challenged in numerous occasions because of flawed public participation processes. Wherefore public participation in the law making process becomes a subject of considerable research. The main aim of this study was to establish the compliance by the KwaZulu-Natal Legislature (KZNL) with the constitutional mandate of ‘facilitating public involvement’ when laws are being made. The study provided an international and foreign perspective of public participation intended to obtain an overall global picture of public participation and how it should be understood in a democratic country. A number of international treaties were brought into discussion. The treaty declarations were found to emphasise the significance of public involvement in democratic countries to ensure the protection and promotion of human rights. It is therefore claimed that the treaties have played an increasingly important role in agitating for the advancement of public participation in South Africa. The study further considered foreign law, where few selected experiences of developed and developing countries were analysed, and most of these countries support public participation. The study also explored public involvement in practise within the context of the KZNL. Various participation mechanisms were identified and analysed. The study revealed that there are significant and strenuous efforts by the KZNL in accomplishing its duty to facilitate public involvement. There is an established framework in place to regulate public involvement. It is however noted that despite the presence of this robust framework adopted to guide participation activities, which provides an overview and insight within the KZNL on how to achieve meaningful participation, practically, the study reveals challenges ordinarily encountered in conducting public hearings. These challenges also serve as a threat to meaningful public participation that relates mostly to consultation processes, short notice for public hearings and limited periods to convene such hearings. The study revealed that such anomalies flow from the National Council of Provinces (NCOP) that is sometimes responsible for giving stringent turn-around time frames for Provincial Legislatures to convene public hearings. The study concluded by providing a series of recommendations based on the study findings, as well as in relation to the reconfiguration of public hearings modus operandi and provision of relevant innovation. With those recommendations, it will be therefore possible to achieve meaningful participation, and most importantly, enact constitutionally compliant laws.
- ItemAssessing the collaboration between traditional leadership and ward councillor towards community development in (Ward 4) eThekwini Metropolitan Municipality(2020) Mpanza, Siohesihle EdmundThe coexistence of traditional leaders and ward councillors in South Africa has birthed contestations within the sphere of local government. Debates have emerged in relation to the powers, functions of both lines of leadership and how they ought to coexist and cooperate in service delivery. The collaborations in the delivery of services to the citizenry between these two lines of leadership remains understudied, particularly in the eThekwini Municipality ward 4. The study conducted face-to-face interviews with a sample of 9 participants, utilising qualitative methods in its approach. To analyse the data that was collected through the semi-structured interview guide, the study employed the thematic content analysis. The results of this study revealed that traditional leaders mainly play cultural roles but have a strong hold on land as a factor of development. The two structures generally did not collaborate very well towards development, even though they communicated with each other. This was because of negative perceptions on the education levels of traditional leaders, lack of developmental budgetary support for traditional leaders and different political orientations between the two structures. Overall, interviewed community members viewed poor collaboration between the two structures as having a negative impact on social, economic and infrastructural community development. The study recommended a collaboration framework enforcing the inclusion of traditional leaders in municipal and ward forums. The study also recommend that it is crucial to provide training for both offices on how they can work together for the benefits to the community