Academic literature on the topic 'Local government - Law and legislation - South Africa'

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Journal articles on the topic "Local government - Law and legislation - South Africa"

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Pooe, T. K. "Has it Reinvented Iron Law? South Africa’s Social Industrialisation, not Iron Industrialisation." Law and Development Review 11, no. 2 (2018): 467–511. http://dx.doi.org/10.1515/ldr-2018-0027.

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Abstract This paper examines whether the current South African legal framework and subsequent policies post-1994 encourage and have emphatically fostered industrialisation in South Africa primarily and Southern Africa more generally. The primary contention of this paper is that the South African State, unlike fellow Southern African States, has a long history with industrialisation and should have laid the foundations for Southern Africa’s large scale industrialisation trajectory. However, the post-1994 government vision for South Africa has never had a Law and Development philosophy that prio
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Steenkamp, Rochine Melandri. "Municipal Instruments in Law for Cultural Heritage Protection: A Case Study of the City of Cape Town Metropolitan Municipality." Potchefstroom Electronic Law Journal 24 (September 1, 2021): 1–34. http://dx.doi.org/10.17159/1727-3781/2021/v24i0a6435.

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This article questions the extent to which municipal bylaws aimed at cultural heritage resource management (CHRM) reflect the objectives of the Constitution of the Republic of South Africa, 1996 (the Constitution), national legislation and the discourse on cultural governance more broadly. In terms of Schedule 4A of the Constitution, the function of "cultural matters" is not an original power of local government. It is a function assigned to the national and provincial spheres. Municipalities are assumed, however, to have a responsibility to execute aspects of this function that may be inciden
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Du Plessis, W., and T. Scheepers. "Tradisionele leiers: erkenning en die pad vorentoe." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 1, no. 1 (2017): 205. http://dx.doi.org/10.17159/1727-3781/1998/v1i1a2902.

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There has for many years been legal recognition of Traditional Leaders in South African laws, such as the Black Administration Act 38 of 1927 and regulations and proclamations issued in terms of other legislation. Recently legal recognition was confirmed in the Constitution of the Republic of South Africa Act 108 of 1996. Additional recognition of Traditional Leaders and the institution of Traditional Leadership is found in the various provincial legislation providing for Provincial Houses of Traditional Leaders and the establishment and functioning of the National Council of Traditional Leade
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Nxumalo, Lindani. "Developing Transformational Leadership Model to Effectively Include Persons with Disabilities in the Workplace." African Journal of Inter/Multidisciplinary Studies 2, no. 1 (2020): 25–36. http://dx.doi.org/10.51415/ajims.v2i1.830.

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The South African government has enacted various employment laws intended to promote the inclusion of persons with disabilities in the workplace. The legislation and policies are not, however, always effectively implemented, resulting in the exclusion of persons with disabilities in the workplace. Within this context, a multidisciplinary study incorporating leadership and the law is conducted to address the rationale behind the non-compliance with disability legislation. In addition, this study examines the role of transformational leadership and its contribution towards effective implementati
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Nxumalo, Lindani. "Developing Transformational Leadership Model to Effectively Include Persons with Disabilities in the Workplace." African Journal of Inter/Multidisciplinary Studies 2, no. 1 (2020): 25–36. http://dx.doi.org/10.51415/ajims.v2i1.830.

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The South African government has enacted various employment laws intended to promote the inclusion of persons with disabilities in the workplace. The legislation and policies are not, however, always effectively implemented, resulting in the exclusion of persons with disabilities in the workplace. Within this context, a multidisciplinary study incorporating leadership and the law is conducted to address the rationale behind the non-compliance with disability legislation. In addition, this study examines the role of transformational leadership and its contribution towards effective implementati
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Fouché, Elaine, and Alan Brent. "Journey towards Renewable Energy for Sustainable Development at the Local Government Level: The Case of Hessequa Municipality in South Africa." Sustainability 11, no. 3 (2019): 755. http://dx.doi.org/10.3390/su11030755.

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The purpose of the research on which this article reports was to investigate how renewable energy forms part of the strategy of a local government, and to evaluate how participatory processes are utilised in the development and communication of this municipal strategy. The research was conducted with Hessequa Municipality, a local authority situated in the Western Cape Province of South Africa. A new aspect of the research was an attempt to consider renewable energy options as part of the municipal strategy, and not as a standalone project. Action research was undertaken and the resulting qual
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Rautenbach, Christa. "Editorial." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 18, no. 4 (2016): 0. http://dx.doi.org/10.17159/1727-3781/2015/v18i4a602.

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This edition of PER consists of one oratio, 13 articles and one book review dealing with a variety of themes.The first contribution is an oratio delivered by Lourens du Plessis at a colloquium hosted by the Faculty of Law, University of the Western Cape, on 2 October 2015 to celebrate his life and work, in which he aptly refers to himself as a "learned jackal for justice".The first of the 13 articles is by Lonias Ndlovu, who uses the 2013 Supreme Court of India case of Novartis AG v Union of India to argue for legislative reform by SADC members in the granting of patents for new versions of ol
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Du Plessis, A. "Bernard Bekink’s Principles of South African Local Government Law." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 9, no. 3 (2017): 115. http://dx.doi.org/10.17159/1727-3781/2006/v9i3a2828.

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Modern times see an increased emphasis on the importance of sound governance in and by the local sphere of government. This holds particularly true for South Africa where, since the coming into effect of the Constitution of the Republic of South Africa 1996,1 a number of objectives, critical functions and developmental duties have been laid before the door of local authorities. A comprehensive resource book on domestic local government law in South Africa has, therefore, been long-awaited. In his reference and source book entitled Principles of South African Local Government Law, Bernard Bekin
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MacFarlane, Campbell. "Terrorism in South Africa." Prehospital and Disaster Medicine 18, no. 2 (2003): 133–39. http://dx.doi.org/10.1017/s1049023x00000893.

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AbstractThe Republic of South Africa lies at the southern tip of the African continent. The population encompasses a variety of races, ethnic groups, religions, and cultural identities. The country has had a turbulent history from early tribal conflicts, colonialisation, the apartheid period, and postapartheid readjustment.Modern terrorism developed mainly during the apartheid period, both by activities of the state and by the liberation movements that continued to the time of the first democratic elections in 1994, which saw South Africa evolve into a fully representative democratic state wit
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Aliev, R. "Constitutional Legal Framework of Local Government in Russia and South Africa." BRICS Law Journal 8, no. 1 (2021): 35–62. http://dx.doi.org/10.21684/2412-2343-2021-8-1-35-62.

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The article examines certain issues relating to the constitutional and legal regulation of local self-government in Russia and South Africa in the context of their cooperation within the partnership of the BRICS countries, as well as the constitutional reforms of local self-government carried out in these states. It is noted that, despite the fundamental difference in the historical prerequisites for their implementation, the constitutional and legal approaches to determining the legal nature of local self-government and identifying its status in the general system of public authority in these
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Dissertations / Theses on the topic "Local government - Law and legislation - South Africa"

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Mohamed, Shehaamah. "Competing water user sectors under a transformed South African water law: the role of local government, with a case study on the City of Cape Town Municipality." Thesis, University of the Western Cape, 2003. http://etd.uwc.ac.za/index.php?module=etd&amp.

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This thesis attempted to examine the enabling conditions of existing South African water law and its implementation by the appropriate authorities. The Cape Town Municipality's management over water supply and services is included in this study. The research attempted to expose any shortcomings that might be prevalent in the new water law. The water allocation mechanism of the transformed water legislation and the water demands within various competing water user sectors of the community, such as those pertaining to agriculture and industry, was also explored.
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Kruuse, Helen Julia. "Life in the suburbs after "Grootboom": the role of local government in realising housing rights in the Eastern Cape." Thesis, Rhodes University, 2008. http://eprints.ru.ac.za/1113.

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Zungu, Patricia Thandiwe. "An examination of the extent of participation by non-governmental organisations (NGO's) in the legislative process of the KwaZulu-Natal legislature." Diss., University of Pretoria, 2006. http://hdl.handle.net/2263/26071.

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This study entails an examination of the extent of participation by non-governmental organisations (NGO’s) in the legislative process of the KwaZulu-Natal Legislature (KZN legislature). It aims to explore how far these NGO’s have taken advantage of the new South African policy based on transparency, openness and accountability. It is hypothesized that organised groups such as these have been very involved in government decision-making processes, since the start of the new democratic South Africa in 1994. This study, however, proves that there is minimal public participation and especially NGO
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Terblanche, Freda Marié. "Street trading in South Africa : an investigation with the emphasis on the policies of major local authorities towards street trading." Thesis, Stellenbosch : Stellenbosch University, 2001. http://hdl.handle.net/10019.1/52462.

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Thesis (MS en S)--Stellenbosch University, 2001.<br>ENGLISH ABSTRACT: Informal street trading is an aspect with which South Africa's ever growing cities need to cope. Since the earliest times, trade has played an important role in creating livelihoods for many people. In today's society - characterised by unemployment and underdevelopment - informal street traders have recognised that there is a gap in the market, and thus, by plying their trade they created a sustainable livelihood for themselves. It has to be admitted that town planning over the years neglected the role of the informa
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Jordan, Janis. "Towards co-operative relations between district and local municipalities." Thesis, University of the Western Cape, 2006. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_3631_1205414819.

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<p>The political context that prompted the formation of district municipalities in the present form can be summarized as follows: before 1994, there were a few sporadic Regional Services Councils and Joint Services Boards responsible mainly for bulk service provision in rural areas. In many rural areas, the acute imbalances in personal wealth, physical infrastructure and the provision of services were most patent. Provinces decided which of the local government models best suited their province. Consequently, it was possible for the institutions of local government to differ from province to p
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Kamieth, Alexander. "The traditional Leadership and Governance Framework Act, 2003, and its subsequent provincial legislation: a critical review of attempts at integrating traditional leadership into the new democracy in South Africa." Thesis, University of the Western Cape, 2007. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_8199_1256293513.

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<p>The subject of this research paper is the analysis of the recent national and provincial legislation on traditional leadership. Within the new constitutional dispensation the legislature had to retain traditional leadership pursuan to Chapter 12 of the Consstitution of the Republic of South Africa, 1996. It was unclear how to change institutions that are based on customary<br>aw at the same time, recognize them as they are. The legislative branch of government provided its answer through the national and provincial Acts. Precisely the answer forms part of the research paper.</p>
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Long, Hylton Ernest. "Implications of current labour legislation for small, medium and micro-enterprises with regard to procuring government contracts." Thesis, Port Elizabeth Technikon, 2000. http://hdl.handle.net/10948/29.

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The research problem addressed in this study is to determine what affect current labour legislation has on small, medium and micro-enterprises (SMME’s), in particular with regard to the procuring of Government contracts. To achieve this objective a literature study was undertaken to ascertain what knowledgeable people believed was the affects of labour legislation on SMME’s. The literature study included all relevant labour legislation promulgated by the Government since 1994 The literature study was then used to develop a questionnaire to test the degree to which SMME’s, operating in the Muni
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Nqaphi, David Zibekile. "Government policies aimed at combating land degradation in Alfred Nzo District." Thesis, Nelson Mandela Metropolitan University, 2016. http://hdl.handle.net/10948/12404.

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Land degradation is a serious problem in communal district of Alfred Nzo, Eastern Cape in South Africa. The root causes of land degradation and soil erosion differ. The causes of land degradation in Alfred Nzo district communal areas are due to soil erosion by wind, water and poor agricultural practices. Rainfall is one of the most important climatic factor that contributed a lot in land degradation in the Alfred Nzo District. Other main factors contributing to land degradation include: Socio-economic factors related to historical land policies and inappropriate land uses, Poor land use planni
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Slade, Bradley Virgill. "The justification of expropriation for economic development." Thesis, Stellenbosch : Stellenbosch University, 2012. http://hdl.handle.net/10019.1/71965.

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Thesis (LLD)--Stellenbosch University, 2012.<br>ENGLISH ABSTRACT: Section 25(2) of the 1996 Constitution states that property may only be expropriated for a public purpose or in the public interest and compensation must be paid. This dissertation analyses the public purpose and public interest requirement in light of recent court decisions, especially with regard to third party transfer of expropriated property for economic development purposes. The public purpose requirement is explained in terms of pre-constitutional case law to create a context in which to understand the public purpose and
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Kgatla, Itumeleng Peter. "Social security and retirement reforms in South Africa : prospects and challenges." Thesis, University of Limpopo, Turfloop Campus, 2013. http://hdl.handle.net/10386/1114.

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Thesis (LLM. (Development and Management Law)) -- University of Limpopo, 2013<br>This mini-dissertation discusses South African social security and retirement reforms that will be used as guidelines towards promulgation of the new Pension Funds Act which will incorporate both private and public pensions. These proposals have been highlighted in the Retirement Reform Discussion Paper issued by National Treasury in 2004 and the Social Security and Retirement Reform paper, issued by both National Treasury and Department of Social Development, 2007. Further, the recent discussion papers entitled ‘
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Books on the topic "Local government - Law and legislation - South Africa"

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Bekink, Bernard. Principles of South African local government law. LexisNexis Butterworths, 2006.

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Africa, South. Local Government: Municipal Finance Management Act 56 of 2003 & regulations. Edited by Juta Law (Firm). Juta Law, 2011.

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Africa, South. Local government, Municipal Structures Act 117 of 1998 ; Local government, Municipal Systems Act 32 of 2000 ; Preferential Procurement Policy Framework Act 5 of 2000 ; Local government, Municipal Demarcation Act 27 of 1998 & regulations. 5th ed. Juta Law, 2011.

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Africa, South. Local Government: Municipal Structures, Act 117 of 1998 ; Local Government : Municipal Systems, Act 32 of 2000 ; Preferential Procurement Policy Framework, Act 5 of 2000, updated 2008. 2nd ed. Juta Law, 2008.

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Africa, South. Local Government: Municipal Structures, Act 117 of 1998 ; Local Government : Municipal Systems, Act 32 of 2000 ; Preferential Procurement Policy Framework, Act 5 of 2000, updated 2009. 3rd ed. Edited by Juta Law (Firm). Juta Law, 2009.

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Africa, South. Local Government: Municipal Structures, Act 117 of 1998 ; Local Government : Municipal Systems, Act 32 of 2000 ; Preferential Procurement Policy Framework, Act 5 of 2000, updated 2009. 3rd ed. Edited by Juta Law (Firm). Juta Law, 2009.

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Statutory law revision: Legislation administered by the Department of Rural Development and Land Reform. South African Law Reform Commission, 2010.

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Africa, South. Local Government--Municipal Property Rates Act, 6 of 2004 ; Municipal Fiscal Powers and Functions Act, 12 of 2007 & regulations. Edited by Juta Law (Firm). Juta Law, 2011.

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Skinner, Caroline. Local government in transition: A gendered analysis of trends in urban policy and practice regarding street trading in five South African cities. School of Development Studies (incorporating CSDS), University of Natal, 1999.

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Africa, United States Congress House Committee on Foreign Affairs Subcommittee on. Concerning the crisis in Somalia; to establish a South African-American Enterprise Fund; to preempt state and local sanction measures against Namibia; and Liberian Relief, Rehabilitation, and Reconstruction Act of 1991: Markup before the Subcommittee on Africa of the Committee on Foreign Affairs, House of Representatives, One Hundred Second Congress, second session, on H. Res. 422, H.R. 5036, H.R. 5283, and H.R. 994, June 16, 1992. U.S. G.P.O., 1993.

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Book chapters on the topic "Local government - Law and legislation - South Africa"

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"National Report for South Africa." In Commencement of Insolvency Proceedings, edited by Kathleen van der Linde. Oxford University Press, 2012. http://dx.doi.org/10.1093/oso/9780199644223.003.0015.

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That South Africa has a mixed legal system is aptly illustrated by the origin and current structure of its insolvency law. Roman-Dutch law, including the procedure of cessio bonorum, was introduced when the Dutch East India Company established a presence at the Cape of Good Hope in 1652. The Ordinance of Amsterdam of 1777 is still regarded as the basis of South African insolvency law. The first local insolvency legislation was enacted under British rule. While the 1829 Cape Ordinance introduced some English bankruptcy principles, it retained certain features of the Ordinance of Amsterdam. The English influence was extended in the subsequent Cape Ordinance 6 of 1843 which in turn formed the basis of insolvency legislation in Natal as well as in the former pre-union republics, the Orange Free State and the Transvaal. After unification in 1910, the Insolvency Act 32 of 1916 was passed. It was replaced by the current Insolvency Act 24 of 1936. This legislation does not codify the law of insolvency but applies alongside the common law principles derived from Roman-Dutch law.
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Reddy, Purshottama Sivanarain. "Political-Administrative Interface at the Local Sphere of Government with Particular Reference to South Africa." In Advances in Electronic Government, Digital Divide, and Regional Development. IGI Global, 2017. http://dx.doi.org/10.4018/978-1-5225-1645-3.ch011.

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The ongoing political-administrative dichotomy discourse, which is steeped in public administration history, manifests in uncertainty about how the relationship between politicians and administrative officials should be structured. South Africa was democratized in 1994 and local government has subsequently undergone a fundamental socio-political transformation. “World class” local government legislation, with an entrenched constitutional development mandate, was introduced; however, the large numbers of public protests bear ample testimony to major challenges in basic service delivery. A critical issue impacting negatively on the functionality of the post-1994 local government dispensation is the political-administrative interface. The National Development Plan has mapped out a socio-economic vision to 2030, with stabilization of the political-administrative interface a priority. Consequently, the political-administrative interface has to be critically reviewed relative to the quality of local democracy, impact on efficient and effective service delivery, and good local governance.
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Reddy, Purshottama Sivanarain. "Political-Administrative Interface at the Local Sphere of Government With Particular Reference to South Africa." In Civic Engagement and Politics. IGI Global, 2019. http://dx.doi.org/10.4018/978-1-5225-7669-3.ch068.

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The ongoing political-administrative dichotomy discourse, which is steeped in public administration history, manifests in uncertainty about how the relationship between politicians and administrative officials should be structured. South Africa was democratized in 1994 and local government has subsequently undergone a fundamental socio-political transformation. “World class” local government legislation, with an entrenched constitutional development mandate, was introduced; however, the large numbers of public protests bear ample testimony to major challenges in basic service delivery. A critical issue impacting negatively on the functionality of the post-1994 local government dispensation is the political-administrative interface. The National Development Plan has mapped out a socio-economic vision to 2030, with stabilization of the political-administrative interface a priority. Consequently, the political-administrative interface has to be critically reviewed relative to the quality of local democracy, impact on efficient and effective service delivery, and good local governance.
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Addink, Henk. "Implementation of the Principles of Good Governance on the National Level outside the EU." In Good Governance. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780198841159.003.0015.

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In this chapter, the focus is on the implementation of good governance norms in three countries outside Europe: Australia, Canada, and South Africa. Relating to the implementation of the good governance principles in Australia, we start with the historical background and good governance approaches in the country. There is a classical rule of law and separation of powers but also new administrative law reforms and including the position of the fourth power. Important is the role of the Ombudsman and the relation between good governance and human rights. Especially the principles of participation, transparency and accountability have been worked out. The idea of integrity goes beyond matters of simple ‘legality’. Important is the influx of integrity commissions, ombudsmen and means of judicial and merit review. Although Canada does not have specific legislation that explicitly outlines good governance principles, it is clear that Canada has put them into practice. The Constitution guarantees Canadian citizens ‘peace, order, and good government’. The rule of law provides that every person must abide by the law and Section 15 guarantees equality rights to Canadian citizens. The judiciary is also a source for good governance. Finally, administrative officials are held accountable by judicial review, section 24 of the Charter, and with the ombudsmen. Nevertheless, there is still room for improvement. South Africa has extensively integrated good governance principles into its legal system, but faces the same problems that other developing countries in Africa have. Thus, although South Africa has a sound legal foundation for good governance, lessons can still be learned on how to translate these legal norms into practical application.
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