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1

Houdek, Leoš. "Transpozice a implementace vybraných ustanovení legislativy EU o dani z přidané hodnoty do českého práva." Master's thesis, Vysoká škola ekonomická v Praze, 2012. http://www.nusl.cz/ntk/nusl-165521.

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This thesis contains analysis of selected provisions of the European and Czech legislation on value added tax, with attention to a specific role of invoices in VAT mechanism. The purpose of this thesis is an evaluation of the quality of transposition and implementation of the European law to the Czech legislation and analysis of selected rules and their effect on economic practice. The outcome of this thesis is a proposal of specific amendments to analyzed provisions of both European and Czech VAT law in order to secure businesses' burdens reduction and effective tax collection.
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Zdanavičiūtė, Ieva. "Europos Sąjungos aplinkos apsaugos politika ir jos įgyvendinimas Lietuvoje." Master's thesis, Lithuanian Academic Libraries Network (LABT), 2007. http://vddb.library.lt/obj/LT-eLABa-0001:E.02~2007~D_20070102_101943-32115.

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Basic concepts: environmental protection, legal regulation, sustainable development, protection of water and air quality, waste management, financing of environmental protection, transposition and implementation of legislation. The aim of the thesis is to determine and look into the influence of the EU environmental policy on the formation of Lithuania’s environmental policy. To this end, the analysis of EU environmental policy documents and directives has been carried out, and their transposition and implementation in Lithuania’s environmental policy have been considered. Focus has also been placed on the financing of the EU environmental policy and absorption of EU assistance in Lithuania. An expert survey has been carried out to attain this objective. The object of the thesis is the process of implementation of the EU environmental policy and its legal norms in Lithuania. The thesis raises a hypothesis that the implementation of the EU environmental policy in Lithuania depends on the competence of Lithuania’s management authorities and EU financial assistance, as the failure to absorb it indicates an inadequate level of development and efficiency of Lithuania’s environmental policy. The research performed in the thesis has supported the hypothesis. The present master’s thesis consists of three sections. The first section of the thesis analyses EU environmental programmes and their impact on the development of the EU environmental policy and presents the legal regulation of... [to full text]
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Dimitrakopoulos, Dionyssis G. "Beyond transposition : a comparative inquiry into the implementation of European public policy." Thesis, University of Hull, 1997. http://hydra.hull.ac.uk/resources/hull:5394.

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Dragneva, Petya. "Challenges to Europeanization : the transposition and implementation of EU waste 'acquis' in Bulgaria." Thesis, University of Sheffield, 2011. http://etheses.whiterose.ac.uk/16248/.

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The main objective of this research is to explore the process of formal and practical transposition of European Union waste management acquis (selected directives). The discussion focuses on the experience of Bulgaria as a former candidate country and a new EU Member State in adopting and applying EU waste legislation. The research analyses the policy adjustments undertaken by Bulgaria towards complying with EU environmental and waste rules and the extent to which these adjustments have translated into actual change in the Bulgarian waste sector. Drawing on the specificities and the pace of the EU-driven transposition process before and after accession, the research considers the quality and type of change that Bulgarian waste policy has undergone since the country’s engagement with the European Union. Further to examining the intensity of the Europeanization dynamics in this case, the discussion identifies and explains the workings of other endogenous factors intervening in the Europeanization process. Alongside the domestic variables proposed and tested in existing academic work, this research puts forward for examination a test variable reflecting the existence of policy interactions at EU level, which once ‘domesticated’ in the national arena, can have significant implications for implementation performance and policy change. This research posits that policy interactions, featuring as a ‘domesticated’ variable, have to be considered in the context of EU adaptational pressures and in conjunction with the workings of domestic variables. Therefore, this research contributes to existing theory by analysing the effects of EU policy interactions in the domestic arena as part of the overall Europeanization dynamics. At an empirical level the research addresses the gap in existing studies of the processes of Europeanization and implementation of EU environmental and waste acquis in the EU new Member States and ex-candidate countries. More specifically, the thesis contributes to research on Bulgaria and on Bulgarian environmental and waste reforms.
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Zubek, Radoslaw Grzegorz. "Europeanizing from the centre : core executive institutions and the transposition of the European Community legislation in Poland 1997-2002." Thesis, London School of Economics and Political Science (University of London), 2005. http://etheses.lse.ac.uk/2774/.

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This thesis examines the transposition of the European Community legislation in Poland prior to accession. The principal research question is: What were the factors that facilitated and inhibited transposition over time. The key argument is that the Polish government's transposition record was decisively influenced by the configuration of rules that the domestic core executive could use to extend selective incentives and monitoring to ministers and ministerial departments. The thesis starts by showing that the adoption of transposing legislation during pre-accession was likely to have been complicated by significant collective action problems that discouraged ministers and their staff from contributing to the transposition record. It develops an explanatory hypothesis that focuses on selective incentives and monitoring extended by the core executive vis-a-vis line ministries. The central part of the thesis presents original empirical data on cross-temporal changes in both core executive rules and the transposition record. In two concluding chapters the thesis brings together the data on core executive institutions and transposition to show that the institutionalization of stricter core executive constraints vis-a-vis line ministries led to a marked improvement of Poland's transposition record. It further finds that the effect of the core executive variable was influenced by EU incentives and party political constellations. These findings hold interesting implications for the study of Europeanization of public policy in the new and old EU member states and, more broadly, for further research on national executives and transposition.
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6

Silverman, Elizabeth A. "Sex Education in California: The Disconnect between Legislation and Implementation." Scholarship @ Claremont, 2014. http://scholarship.claremont.edu/scripps_theses/384.

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This thesis explores the fundamental disconnect between California’s image as a national champion of progressive youth sex education and the failure to implement and monitor the instruction of comprehensive sex education as outlined by sections 51930-51939 of the California Education Code.
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7

Wang, Yuqi M. C. P. Massachusetts Institute of Technology. "State zoning legislation and local adaptation : an evaluation on the implementation of Massachusetts Chapter 40R Smart Growth Legislation." Thesis, Massachusetts Institute of Technology, 2014. http://hdl.handle.net/1721.1/90113.

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Thesis: M.C.P., Massachusetts Institute of Technology, Department of Urban Studies and Planning, 2014.<br>Cataloged from PDF version of thesis.<br>Includes bibliographical references (pages 85-88).<br>The Smart Growth Zoning Overlay District Act (M.G.L. Chapter 40R, the Legislation) was issued in March 2005 with the mission to substantially increase the supply of housing, especially for low- and moderate-income households, and to incentivize Smart Growth land development patterns. Municipalities participate in this program by voluntarily adopting a Smart Growth zoning district in their local zoning ordinance/by-laws which allows dense housing development as-of-right. Participating municipalities will receive a Zoning Incentive Payment upon creating the district, based on the additional number of housing units allowed as-of-right under 40R compared with base zoning, and a Density Bonus Payment for each new unit built in the district. They will also have priority when competing for other state discretionary subsidies. As of December 2013, thirty-three 40R Smart Growth Overlay Districts (40R District) have been approved in thirty-two Massachusetts communities, with an aggregate area of 1,436 acres, and a total number of 12,350 Future Zoned Units; another three 40R districts are pending or under review. Ten 40R Districts have projects (or project phases) that have been built and put into use. This study aims to give a diagnostic evaluation on the current and potential effectiveness of the Legislation in achieving the goals of facilitating quality housing production and promoting Smart Growth. The evaluation is set in the context of housing development and land planning in Massachusetts, which is also the background of the Legislation, and based on four 40R cases from four different municipalities, each of which has adopted local zoning ordinance/by-laws, created a 40R district, and completed development under 40R. In each case, the Smart Growth qualities of the development are evaluated against a set of qualitative criteria developed from the Smart Growth principles outlined in the Legislation, with reference to prevailing Smart Growth standards used in the profession and feedback from 40R's implementers. The role of 40R in leading to these development results are then analyzed, which highlights the prospect of 40R's application and impact in the future. The main conclusions are: Generally speaking, 40R plays an important role in helping communities achieve their own vision of Smart Growth and housing production by resolving the site, financial, or other development obstacles that are imbedded in the local development context and base zoning. This success is achieved through incentive-based stakeholder cooperation, an indispensable part of the entire 40R zoning and (project) permitting process. Also, the Legislation provides a very general and broad description of Smart Growth principles, and therefore each community may interpret and define Smart Growth standards according to local needs. Being flexible, adaptable and context-sensitive is key to creating opportunities where various stakeholders find common interests in establishing partnerships around 40R. Moreover, when used appropriately, 40R as a zoning tool, could potentially have larger impacts in facilitating Smart Growth and housing production over a longer period than other policies that are based on a single project. However, in some cases, being flexible and sensitive to local context seems to have gone too far, and as a result, offset some of the benefits promised by 40R, such as housing being in close proximity to jobs and amenities, streamlining the permitting process, etc. The reasons for this drawback come from both 40R itself and the context in which 40R operates. Some requirements of 40R are too vague and allow a zoning district or project to gain 40R status and incentive payments even though it fails to meet most of the Smart Growth principles outlined in the Legislation. The recent amendment to the 40R Regulations tries to solve this problem by setting more straightforward and explicit requirements; the results of these changes remain to be seen. In terms of barriers, there are general concerns about and oppositions to Smart Growth from the neighborhood, local government, and development community, who tend to use their power as stakeholders to resist Smart Growth policies. They are particularly resistant to a zoning policy like 40R for fear that it will allow Smart Growth types of development as-of-right. The home-rule tradition and a lack of regional planning for Smart Growth land use further weaken the legislative and regulatory foundations of 40R. 40R has limited leverage to overcome these context barriers; its effectiveness in facilitating Smart Growth will remain confined by the development context at least in the near future. Key words: Smart Growth, Zoning, Chapter 40R, Massachusetts.<br>by Yuqi Wang.<br>M.C.P.
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8

Hsu, Sungti. "Legislation, Litigation, Regulation, and Implementation of Paraprofessional Supervision in School Settings." Diss., CLICK HERE for online access, 2007. http://contentdm.lib.byu.edu/ETD/image/etd1782.pdf.

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9

SHELL, PAUL RICHARD. "LOCAL IMPLEMENTATION AND INTERPRETATION OF ARIZONA BILINGUAL EDUCATION STATUTES AND POLICIES." Diss., The University of Arizona, 1986. http://hdl.handle.net/10150/183787.

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The study investigated the degree of compliance of selected Arizona public school districts with a set of state statutes which placed a limit on the amount bilingual education services a district could provide to students. The existing literature on implementation and compliance suggested that several conditions might influence districts to implement programs of instruction which would be at variance with the state laws. The study used questionnaires to gather program data from 40 school districts in southeastern Arizona. These questionnaires were screened to determine those districts offering programs of instructions which exceeded the restrictions of state law. Six such districts were found. Interviews were conducted with program administrators in each district to determine the explanations for noncompliance. An interview was also obtained with an Arizona Department of Education official to determine the role of the state regarding the bilingual statutes. Information obtained from the interviews revealed that several of the programs had been established under federal pressure to provide equal educational opportunity to limited-English-proficient children. These programs had existed long before these state statutes were put into effect in 1981. Data also indicated that the state statutes lacked enforcement mechanisms. The state agency responsible for those programs received no mandate to monitor districts or to enforce state restrictions. Also, this agency was federally-funded with a primary loyalty to federal priorities to keep programs in operation and with a service rather than an enforcement orientation toward local districts. No enforcement of the restrictions found in the 1981 bilingual statutes took place. Furthermore, administrative regulations for the 1981 statutes were formulated which permitted programs of instruction exceeding state limitations to continue. In 1984 new bilingual statutes were put into effect which removed the restrictions of the old statutes. The new statutes are discussed from the historical perspective of the earlier statutes.
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Broadhurst, Monica DeAnn. "The Integral Role of Training in the Implementation of Hate Crime Legislation." Thesis, University of North Texas, 2001. https://digital.library.unt.edu/ark:/67531/metadc2818/.

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This research focuses on the association between law enforcement training and implementation of hate crime legislation. The Anti-Defamation League's state hate crime statutory provisions and the Federal Bureau of Investigation's Hate Crime Reporting by States data are examined. Section one includes the following: What Constitutes Hate?, The History of Hate Crime Legislation, and Issues Facing Hate Crime Legislation. Section two surveys literature on both Hate Crime Legislation and the training of law enforcement officers. Section three discusses the Anti-Defamation League and FBI data in detail and explains the methods used to test the association between law enforcement training and reporting of hate crime legislation. Findings yield a statistically significant association between law enforcement training and reporting of hate crime legislation.
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11

Vlok, G. "Graduate tax : a South African study on proposed legislation, implementation and public perception." Diss., University of Pretoria, 2012. http://hdl.handle.net/2263/41250.

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Graduate tax is a concept that was only recently introduced into the public discourse in South Africa. Little is known about how it will be implemented and who will be liable to pay such a tax. The purpose of this study is to examine the proposed introduction of graduate tax for South African tertiary education graduates and the public perception of such a tax. To achieve the objectives of the study, relevant literature was reviewed that explained the concept of a graduate tax and the possible advantages and disadvantages of its imposition. Data collected by means of a questionnaire was analysed, which revealed the public perception of a graduate tax as well as its possible consequences. The analysis of the data collected indicated that graduate tax is perceived as an additional tax to be paid by graduates from tertiary institutions, whereas the literature defined it as a tax paid by tertiary institution graduates who received their tertiary education at no cost. Furthermore, it was found that the imposition of a graduate tax may deter some from pursuing a tertiary degree in order to avoid liability for such tax. The imposition of a graduate tax could also lead to an outflow of skills, as graduates would be likely to seek employment outside South Africa in order to avoid paying graduate tax. It is recommended in this study that more clarity should be given to the public as to what this proposed graduate tax would entail and who would be affected by it.<br>Dissertation (MCom)--University of Pretoria, 2012.<br>am2014<br>Taxation<br>unrestricted
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12

Hornigold, Angus Lloyd. "Principles of South African prison law and proposals for their implementation." Thesis, Nelson Mandela Metropolitan University, 2013. http://hdl.handle.net/10948/d1021033.

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There are two broad areas of prisoner rights law that require development. The first area is that of the development of a common law framework with which to analyse disputes regarding the rights of prisoners. The second relates to the significant tension that exists between the conditions of detention that the Correctional Services Act envisages and the actual conditions of detention in South Africa prisons. This second aspect requires that a mechanism be created for the meaningful exercise of rights by prisoners. As a precursor to both of the above discussions it is necessary to understand the history of prisons and the intentions of those who designed this form of punishment. As will be illustrated there tends to be to-and-fro shift in intention on the part of the authorities between those who intend imprisonment as a humane form of punishment which seeks to reform the offender and the subsequent despair of that project of reformation with a resultant focus on security and mere detention of the offender. It is also a history of conditions of detention that are generally inhumane. These poor conditions are sometimes caused by neglect on the part of the authorities but ofttimes caused by the belief that harsh conditions of detention are a deterrent to wouldbe offenders. The advent of human rights law has placed an increasingly more onerous responsibility on the state to care for the well-being of prisoners whilst in custody. This duty includes, but is not limited to, the duty to care for the prisoner’s mental and physical health, ensure that they are safe from physical violence both from fellow prisoners and staff as well as a duty to ensure that they receive the necessities of life. Various failures by the state have led to increased litigation against the state. This will continue to create an ever increasing burden on the state as the number of long term prisoners increase and damages awards are made by the courts, in favour of prisoners, against the state for various reasons. These reasons include diseases contracted by prisoners whilst in custody and constitutional damages following death in custody. It is therefore necessary to develop a clear framework with which to analyse such disputes so that decisions are made which are consistent with the principles of South African law. It is this framework which this study seeks to develop. In order to do this the relevant principles of both international prison law as well as South African law will be drawn upon. In this regard the importance of the purposes of punishment will be emphasized when engaging upon an analysis of the limitations of the rights of a person in the context of prison law. Secondly, even though a sound framework may be developed with which to analyse prisoner rights there is still the difficulty of putting a system into operation which provides a mechanism through which prisoners can exercise those rights in a meaningful way. In order to create such a system there must be recognition of the impact of criminogenic conditions of imprisonment, the purposes of punishment and the values of the South African constitution. In this regard the principles of reductionism and restorative justice are considered. Furthermore, the role of special masters will be debated and amendments to the existing legislation will be proposed.
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Lehtimäki, Linda. "From legislation to implementation? : Understanding the implementation deficiency of the general rules of consideration, the Swedish Environmental Code (2000:61)." Thesis, Södertörns högskola, Institutionen för naturvetenskap, miljö och teknik, 2019. http://urn.kb.se/resolve?urn=urn:nbn:se:sh:diva-38324.

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The Environmental Code is a central environmental policy instrument, which contributes to achieve Sweden’s national environmental objectives. Therefore, the implementation of the rules and regulations of the Environmental Code are of importance. This thesis focuses on the identified research gap in the implementation of the general rules of consideration in the Environmental Code, adopting a Swedish perspective and seeking to understand the reasons why. This thesis intends to increase the understanding of both external and internal aspects affecting the implementation at a municipal level. The results show that the implementation deficiency in the general rules of consideration consists of several complex, interconnected factors. The findings implicate three fundamental aspects affecting the implementation: prerequisites, work procedures and interpretations of the general rules of consideration. Furthermore, the implementation requires an improved understanding among concerned stakeholders. This thesis argues that there is a shortage of knowledge and understanding of the general rules of consideration among stakeholders, therefore there is much more to learn, in order to reduce the implementation deficiency of the rules. Additionally, the findings indicate a need for exemplified guidance from state authorities and government agencies, to reduce the knowledge gap among municipalities and operators. Furthermore, operators ought to increase the understanding of the general rules of consideration, to contribute to the implementation of the general rules of consideration.
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Tang, Jessica Janice. "The implementation of occupational safety and health legislation and policies in Hong Kong schools." Thesis, University of Nottingham, 2011. http://eprints.nottingham.ac.uk/11904/.

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It is widely acknowledged that Hong Kong teachers are suffering from work-related health and safety problems (HKPTU, 2005). Reviews of Occupational Safety and Health (OSH) research suggest that there is a wealth of scientific data on OSH to establish policy level interventions, yet the implementation of OSH legislation and policies is complex and multi-faceted. This thesis focuses on the macro level of OSH interventions in schools by studying the OSH policy implementation from the top-down and organisational perspectives. This thesis begins with a systematic narrative review of the OSH policy and interviews with key stakeholders. These qualitative studies explore the background, context and implementation of the OSH legislation and policies that govern HK teachers‟ OSH. A subsequent quantitative study is conducted to examine the framework model of climate-behaviour-outcome relationship. The results of the qualitative studies present several issues of concerns in the current policy implementation, e.g. the ambiguity of the key terms in the legislation and the communication breakdown during the policy implementation process. The findings also give a hint to the factors which may affect the effectiveness of implementation; further investigations on these factors are carried out in a quantitative study. The results of the quantitative study present the climate-behaviour-outcome framework model with knowledge as the mediator and social capital as the antecedent. The implications of these results are discussed in the final chapter with the significant issues correspondence with the implementation of OSH legislation and policies in HK schools. It also discusses some recommendations in the practice such implementation.
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Taljaard, Susan. "An implementation model for integrated coastal management in South Africa : from legislation to practice." Thesis, Stellenbosch : University of Stellenbosch, 2011. http://hdl.handle.net/10019.1/6737.

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Thesis (PhD (Geography and Environmental Studies))--University of Stellenbosch, 2011.<br>ENGLISH ABSTRACT: In South Africa the government’s progress in developing policy in support of people-centred Integrated Coastal Management (ICM), as expressed in the Coastal Policy and the Integrated Coastal Management Act, is commended. However several challenges pertaining to policy implementation remain which constitute the primary need for this research. Indeed, South Africa already has many pieces of the ICM implementation puzzle, but a structured framework or model to assist in achieving a workable, integrated system is still lacking. The aim of this research is to design an implementation model for ICM within the South African context and to propose a novel and innovative generic process for the design and refinement of such models. This aim is achieved by addressing four research questions, namely: (i) Can contextual, country-specific knowledge be harnessed to design a prototype ICM implementation model for South Africa?; (ii) Is the prototype design workable (or compatible) in the existing coastal marine statutory and governance system of South Africa (i.e. a practical validation)?; (iii) Is the prototype model for South Africa scientifically credible and how can insights into the uniformities contributing to improved integrated environmental management (IEM) and ICM be applied to assess such credibility as well as inform refinements to the model (i.e. a theoretical validation)?; and (iv) Can a generic process for the design and refinement of country-specific implementation models be derived from the research methodology applied in this study? Design science was selected as the primary strategy of inquiry for this study and a mixed-methods approach was used, claiming that the specific focus is real-world practice. Qualitative and quantitative methods are used to execute this research. This research demonstrates a method where experience and country-specific knowledge are harnessed to design a prototype ICM implementation model for South Africa and, in doing so, experientially capturing important emerging paradigms for improved ICM implementation – as identified in the scientific literature – namely the ecosystem-based management, spatial planning and cooperative environmental governance paradigms. In the prototype design, the ecosystem-based management and spatial planning paradigms are combined with traditional problems- or issues-based approaches, applied in many of the earlier ICM models. Personal experience also confirmed the importance of informed and well-established actor involvement in coastal management (cooperative environmental management) which manifested in the inclusion of the important avenues of actor involvement (i.e. the support elements) in the prototype model. Moreover, South Africa’s sector-based governance system is accommodated in the design by anchoring the management programmes component (remaining largely sector-based) between the resource vision, objectives and zoning component and the monitoring and evaluation component, implying that management programmes remain grounded in an ecosystem-based approach and subservient to the agreed vision and objectives, and needs of the coastal ecosystem. A practical validation, using the management of land-based activities as case study, reveals that approaches to coastal management in South Africa, grounded in the current statutory framework of the country, can largely be aligned with the approach proposed in the prototype implementation model. Indeed it is inefficiency or a lack of operationalisation of existing legislation that may pose the biggest challenge for effective implementation of this model. Because the prototype model is designed to accommodate sectorbased management programmes, it can be extended to accommodate sectors or activities other than those presented in the case study, such as conservation, transportation (shipping) and fisheries. Consequently, the prototype model can be applied in South Africa without any substantive adaptation of the existing statutory framework. Clearly, the challenge of effectively operationalising existing statutes remains. A critical review of relevant scientific literature provides information on and understanding of uniformities in IEM, the broader domain within which ICM is nested, using the key paradigms that contribute significantly to the improved implementation of IEM, to express such uniformities. It became apparent from studying the evolution of ICM over the last two decades that many of the key paradigms that significantly contribute to improved implementation of IEM have also proved valuable in the implementation of ICM. The insight gained from scientific literature was applied in determining fourteen evaluation criteria with which to assess of the scientific credibility of the prototype design. The subsequent assessment of the prototype design confirmed that the collective learning in IEM (and ICM) implementation over the last two decades is consolidated in this prototype design, apart from two aspects, namely scientific support networks and sustainable financial support. These were not initially defined as key components for ICM implementation in South Africa, but in retroflection proved to be valid; South Africa has established independent scientific networks outside the realm of government that coordinate scientific research in support of coastal management, and the explicit recognition of these scientific support networks in the prototype model will highlight their importance to ICM. Also, the inclusion of a sustainable financial support mechanism as a key component in the model will significantly enhance the importance and necessity of having a sound funding strategy associated with ICM implementation in South Africa. Considering the prototype design and its practical and theoretical validation, two interdependent but distinctive adaptive cycles emerged. The refined model therefore incorporates these dual, adaptive cycles coined the resource and actor cycles. The resource cycle is much in alignment with the original components of the prototype design, but a distinct modification is the inclusion of the demarcation of the geographical boundaries of coastal management units as a separate component in the model. In essence, the components in the actor cycle represent the key actor groups involved in the governance system for ICM. These components reflect the original support elements in the prototype design but include the two additional components identified in the theoretical validation, namely scientific support and financial support mechanisms. The revised model with its dual, adaptive cycles contributes an implementation perspective to the growing body of scientific literature on social-ecological systems. In this literature, the ecological system is viewed as intricately linked with and affected by the social system as depicted by the interlinked resource and actor cycles of the revised model. Further, a practical and novel three-step generic process for the design and refinement of country-specific ICM implementation models is proposed, based on the design-science approach applied in this study. First, the process involves the design of a prototype model, primarily based on local knowledge within the countryspecific context. Second, the process entails dual validation procedures, namely an empirical validation and theoretical validations. Finally, the outcome of the validation process is used to refine and improve the prototype design. Further, the refined model design proposed in this study is posed as a suitable prototype design for countries with similar sector-based coastal management milieus to South Africa. The research reported here does not offer a complete solution to the identified problem as there are manifold angles from which to approach effective and sustainable ICM. In this study an implementation angle was chosen, more specifically from a practical environmental management perspective that recognises important economic and social elements and interactions. Opportunities exist for researchers in other expert fields to investigate ICM policy implementation in South Africa from their perspectives. For example, ICM can also be viewed from purely economic, public administration, social or educational stances. In particular, techniques such as science mapping could be used to identify whether paradigms exist that constitute uniformities in IEM and ICM in addition to the ten key paradigms studied in the research. Any new characteristics deriving from the analysis of the additional paradigms can then be used to refine the evaluation criteria for the assessment of the scientific credibility of ICM implementation models. Knowledge gained and innovations made in such studies can be integrated into the ICM implementation model presented here to continuously improve its operationalisation. This research provides two main products, namely a workable and scientifically sound implementation model for ICM in the South African context and a generic process for the design and refinement of countryspecific ICM implementation models, both requiring adaptive management approaches.<br>AFRIKAANSE OPSOMMING: In Suid-Afrika is die regering se vordering in die ontwikkeling van beleid ter ondersteuning van volksgesentreerde Geïntegreerde kusbestuur, (GKB), soos verwoord in die Kusbeleid en die Geïntegreerde Kusbestuurwet, prysenswaardig. Daar is egter nog verskeie uitdagings met betrekking tot die uitvoering van beleid wat neerkom op die primêre behoefte vir hierdie navorsing. Suid-Afrika het inderdaad reeds baie stukkies van die GKB-implementeringslegkaart, maar 'n gestruktureerde raamwerk of model om te help met die daarstelling van ‘n werkbare, geïntegreerde stelsel ontbreek nog. Die doel van hierdie navorsing is om 'n implementeringsmodel vir GKB te ontwerp binne die Suid- Afrikaanse konteks en 'n nuwe en innoverende algemene proses vir die ontwerp en verfyning van sulke modelle voor te stel. Hierdie doelstelling is bereik deur vier navorsingsvrae aan te spreek, naamlik: (i) Kan kontekstuele, land-spesifieke kennis ingespan word om ‘n prototipe GKB-implementeringsmodel vir Suid- Afrika te ontwerp? (ii) Is die prototipe-ontwerp werkbaar binne (of vergelykbaar met) die bestaande kusmariene statutêre- en bestuursstelsel van Suid-Afrika (d.w.s. ‘n praktiese validasie)? (iii) Is die prototipemodel vir Suid-Afrika wetenskaplik-geloofwaardig en hoe kan insig in die eenvormighede wat bydra tot verbeterde geïntegreerde omgewingsbestuur (GOB) en GKB toegepas word om sodanige geloofwaardigheid te bepaal, asook die verfyning van die model in te lig (d.w.s. ‘n teoretiese validasie)?; en (iv) Kan 'n algemene proses vir die ontwerp en verfyning van landspesifieke implementeringsmodelle afgelei word van die navorsingsmetodiek wat in hierdie studie toegepas is? Ontwerpwetenskap is gekies as die primêre strategie van ondersoek vir hierdie studie en 'n gemengde-metode benadering is gebruik, met die aanspraak dat die spesifieke fokus werklike wêreldspraktyk is. Kwalitatiewe en kwantitatiewe metodes word gebruik om hierdie navorsing uit te voer. Hierdie navorsing demonstreer 'n metode waar eie ervaring en land-spesifieke kennis ingespan is om 'n prototipe GKB-implementeringsmodel vir Suid-Afrika te ontwerp, en in die proses is belangrike opkomende paradigmas vir verbeterde GKB-implementering – soos geïdentifiseer in die wetenskapsliteratuur – ondervindelik vasgevang, naamlik die ekostelsel-gebaseerde bestuur, ruimtelike beplanning en samewerkende omgewingbestuur paradigmas. In die prototipe-ontwerp, is die ekosisteem-gebaseerde bestuurs-en ruimtelike beplanning paradigmas met tradisionele probleem- of uitkoms-gebaseerde benaderings gekombineer – soos toegepas in baie van die vorige GKB-modelle. Persoonlike ondervinding het ook die belangrikheid van ingeligte en goed gevestigde akteursbetrokkenheid in kusbestuur (samewerkende omgewingsbestuur) bevestig wat uitgeloop het op die insluiting van die belangrike roetes van akteursbetrokkenheid (d.w.s die ondersteuningselemente) in die prototipe-model. Verder is Suid-Afrika se sektorgebaseerde bestuurstelsel geakkommodeer in die ontwerp deur die Programbestuurskomponent (grootliks sektorgebaseerd) te anker tussen die hulpbron visie, doelwitte en sonerings komponent en die monitering en evaluering komponent, wat impliseer dat die bestuursprogramme gegrond bly binne 'n ekosisteem-gebaseerde benadering en ondergeskik bly aan ooreengekomde visie en doelwitte, en behoeftes van die kusekosisteem. 'n Praktiese validasie, waar die bestuur van land-gebaseerde aktiwiteite as gevallestudie gebruik word, toon dat die kusbestuursbenadering in Suid-Afrika, gegrond op die huidige statutere raamwerk van die land, grootliks in lyn gebring kan word met die benadering soos voorgestel in die prototipe implementeringsmodel. Inderdaad dit is die onbevoegdheid of 'n gebrek aan operasionalisering van die bestaande wetgewing wat die grootste uitdaging vir die doeltreffende implementering van hierdie model inhou. Omdat die prototipemodel ontwerp is om sektorgebaseerde bestuursprogramme te akkommodeer, kan dit uitgebrei word na ander sektore of aktiwiteite as dié wat in die gevallestudie getoon is, soos bewaring, vervoer (skeepsvervoer) en vissery. Gevolglik kan die prototipe-model toegepas word in Suid-Afrika sonder enige substantiewe aanpassing van die bestaande statutêre raamwerk. Duidelik, die effektiewe operasionaliseer van bestaande wette bly ‘n uitdaging. 'n Kritiese oorsig van die toepaslike wetenskapsliteratuur verskaf inligting oor, en begrip van, die ooreenstemmings in GOB, die breër gebied waarbinne GKB ingebed is, deur gebruik te maak van die sleutelparadigmas wat ‘n beduidende bydrae tot die verbetering van die implementering van GOB maak. Dit het duidelik geword uit die bestudering van die evolusie van GKB oor die laaste vier dekades dat baie van die sleutelparadigmas wat bydra tot verbeterde implementering van GOB ook waardevol blyk te wees in die uitvoering van die GKB. Die insig verkry uit wetenskapliksliteratuur is aangewend om die veertien evalueringsmaatstawwe saam te stel vir die beoordeling van die wetenskaplike geloofwaardigheid van die prototipe-ontwerp. Die daaropvolgende beoordeling van die prototipe-ontwerp het bevestig dat die kollektiewe kennis in GOB (en GKB) implementering oor die afgelope twee dekades in hierdie prototipe ontwerp gekonsolideer is, behalwe vir twee aspekte, naamlik wetenskapsondersteuningsnetwerke en volhoubare finansiële ondersteuning. Dit was aanvanklik nie gedefinieer as belangrike komponente vir GKBimplementering in Suid-Afrika nie, maar het in heroorweging tog geldig geblyk te wees; Suid-Afrika het onafhanklike wetenskapsnetwerke wat wetenskapsnavorsing ter ondersteuning van kusbestuur buite die regeringsraamwerk koördineer en die uitdruklike erkenning van hierdie wetenskapsondersteuningsnetwerke binne die prototipe-model sal die belangrikheid daarvan in GKB beklemtoon. Ook, die insluiting van 'n volhoubare finansiële ondersteuningsmeganisme as 'n sleutel komponent in die model, sal die belangrikheid en noodsaaklikheid om ‘n 'n gesonde finansiële strategie wat verband hou met GKB-implementering in Suid- Afrika daar te stel, aansienlik verhoog. Na oorweging van die prototipe-ontwerp en die praktiese en teoretiese validasies het twee interafhanklike, maar kenmerkende aanpasbare siklusse te voorskyn gekom. Die verfynde model sluit dus hierdie dubbele, aanpasbare siklusse in, genaamd die hulpbron- en akteurssiklusse. Die hulpbronsiklus is meestal in ooreenstemming met die oorspronklike komponente van die prototipe-ontwerp, maar ’n duidelike verandering is die insluiting van die afbakening van kusbestuureenheidsgrense as 'n aparte komponent in die model. In wese verteenwoordig die komponente binne die akteurssiklus die sleutel-akteursgroepe wat betrokke is in die GKB-bestuurstelsel. Hierdie komponente reflekteer die oorspronklike ondersteuningselemente binne die prototipe-ontwerp maar sluit die twee addisionele komponente wat in die teoretiese validasie geïdentifiseer is in, naamlik wetenskaplike ondersteuning en finansiële ondersteuningsmeganismes. Die hersiende model met die twee interafhanklike, aanpasbare siklusse dra ’n implementeringsperspektief by tot die groeiende liggaam van wetenskapliksliteratuur rondom sosiaalekologiese stelsels. In hierdie literatuur word die ekologiese stelsel gesien as intrinsiek gekoppel aan en geaffekteer deur die sosiale stelsel, soos voorgestel in die intergekoppelde hulpbron- en akteurssiklusse in die hersiende model. Verder is 'n praktiese en nuwe, generiese drie-stap-proses vir die ontwerp en verfyning van land-spesifieke GKB- implementeringsmodelle voorgestel, gebaseer op die ontwerp-wetenskaplike benadering wat in hierdie studie toegepas is. Eerstens behels die proses die ontwerp van 'n prototipe-model, hoofsaaklik gebaseer op plaaslike kennis binne die land-spesifieke konteks. Tweedens behels die proses dubbele validasie-prosedures, naamlik 'n empiriese validasie en ‘n teoretiese validasie. Ten slotte word die resultaat van die validasieprosedures gebruik om die prototipe-ontwerp te verfyn en te verbeter. Verder word die verfynde modelontwerp wat in hierdie studie voorgestel word, gereken as ‘n geskikte prototipe-ontwerp vir lande met soortgelyke sektorgebaseerde kusbestuursmilieus as Suid-Afrika. Die navorsing wat hier aangebied word is nie 'n volledige oplossing vir die geïdentifiseerde probleem nie, aangesien daar verskeie hoeke is waaruit doeltreffende en volhoubare GKB benader kan word. In hierdie studie is 'n implementeringshoek gekies, meer spesifiek 'n praktiese omgewingsbestuur perspektief waarbinne belangrike ekonomiese en sosiale elemente en interaksies erken word. Opwindende geleenthede bestaan vir navorsers binne ander kundigheidsvelde om GKB-beleidsimplementering in Suid-Afrika te ondersoek vanuit hulle perspektiewe. Byvoorbeeld, GKB kan ook ondersoek word vanuit suiwer ekonomiese, publieke administrasie, sosiale of opvoedkundige oogpunte. Meer spesifiek, tegnieke soos wetenskapskatering kan gebruik word om vas te stel of daar paradigmas bestaan wat neerkom op eenvorminghede binne GOB en GKB, benewens die tien sleutelparadigmas wat in hierdie navorsing bestudeer is. Enige nuwe eienskappe afgelei van die analise van die addisionele paradigmas kan dan gebruik word om die evalueringsmaatstawwe vir die asessering van die wetenskaplike geloofwaardigheid van GKB implementeringsmodelle te verfyn. Kennis en innovasie van sulke studies kan opgeneem word in die GKB-implementeringsmodel wat hier aangebied word om voortdurend die operasionalisering daarvan te verbeter. Die navorsing lewer twee hoofprodukte, naamlik ’n werkbare en wetenskaplike geloofwaardige GKBimplementeringsmodel binne die Suid-Afrikaanse konteks en 'n algemene proses vir die ontwerp en verfyning van land-spesifieke implementeringsmodelle vir GKB beide met aanpasbare bestuur as vereiste.
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16

Fry, Melissa Sue. "Aging and Behavioral Health: Power and Accountability in Outsourced Public Policy Implementation." Diss., Tucson, Arizona : University of Arizona, 2005. http://etd.library.arizona.edu/etd/GetFileServlet?file=file:///data1/pdf/etd/azu%5Fetd%5F1414%5F1%5Fm.pdf&type=application/pdf.

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17

Gana, Shalati. "Evaluation of implementation of food safety legislation in the red meat abattoirs of Mopani District, Limpopo Province, South Africa." Thesis, University of Limpopo, 2014. http://hdl.handle.net/10386/1349.

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Thesis ( MPH.) --University of Limpopo,2014.<br>Introduction: To evaluate the food safety legislation (FSL) implementation in the red meat abattoirs of Mopani district in Limpopo Province, South Africa. Method: A cross sectional survey was conducted. Sampling: A questionnaire was distributed to abattoir managers of various red meat abattoirs. From 16 abattoirs with a population 169, a sample of 22 was selected. Results: The study revealed that 77% managers were male. Majority of managers were aged 40 and 59 years. Work experience was between 20 to 25 years. Educational background: thirty seven percent (37%) of managers hold certificates on various disciplines, mostly not food safety related. Fifty-four percent (54%) managers did not have food safety knowledge. Fifty-nine percent (59%) abattoirs did not comply with food safety practices. Twenty seven percent (27%) of the structures did not comply with R.1072. The pieces of FSL were less implemented by DoH&SD and DTI. Hygiene Management Systems showed slow progress. Sixty-four percent (64%) abattoirs did not receive training on HMS and PRPs. Very few abattoirs had multi-disciplinary skilled personnel to implement FSL. Abattoirs were reluctant to financial commitment to implement FSL. Eighty two percent (82%) of abattoirs did not involve all stakeholder during planning and decision making process. Conclusion: The red meat abattoirs of Mopani district did not comply with all standards and requirements of food safety legislation. Factors such as educational background in basics of food safety principles, involvement of role players during implementation process, prevented successful implementation of food safety legislation in the red meat abattoirs of Mopani district. Food safety knowledge and practices of management and malpractice of FSL were determined, results showed that majority lack adequate food safety knowledge and poor food safety practices were identified. One of the recommendation was to establish FSL enforcement forum to develop a FSL strategy.
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18

Ware, Bettie J. Galliher John F. "Contributing factors to the decriminalization of infant abandonment and the implementation of safe haven legislation." Diss., Columbia, Mo. : University of Missouri--Columbia, 2009. http://hdl.handle.net/10355/6883.

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Title from PDF of title page (University of Missouri--Columbia, viewed on Feb 24, 2010). The entire thesis text is included in the research.pdf file; the official abstract appears in the short.pdf file; a non-technical public abstract appears in the public.pdf file. Dissertation advisor: Dr. John Galliher. Vita. Includes bibliographical references.
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19

Dollar, Christopher Wade. "Evaluating the Effectiveness of Justice Reinvestment Legislation in Oregon| Analyses of State and County Implementation." Thesis, Portland State University, 2018. http://pqdtopen.proquest.com/#viewpdf?dispub=10825647.

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<p> Sentencing reform and &ldquo;tough on crime&rdquo; policies have assisted in the inflation of the United States&rsquo; prison population by nearly 400% over the last 50 years. In 2003, justice reinvestment was conceptualized as a way to decrease recidivism and remedy the exorbitant correctional spending by reinvesting funds on rehabilitation and reentry assistance to those leaving custodial institutions. Early implementations of justice reinvestment in Connecticut and Texas achieved both savings and reductions in prison populations. This led to the creation of the Justice Reinvestment Initiative by the U.S. Bureau of Justice Assistance in 2010. Officials of the Justice Reinvestment Initiative sought states who were willing to achieve bi-partisan agreements on reform and reinvestment strategies to assist in the creation and implementation of this new policy. The State of Oregon began this process in early 2012 and completed the process with the enrollment of HB 3194 in July of 2013. Despite the implementation of this policy in 17 states, few evaluations have been performed on the effectiveness of justice reinvestment policy. </p><p> This study employs a quasi-experimental time series analysis of corrections data from the State of Oregon, the high usage county, medium usage county, and the low usage county proxies to assess the effectiveness of the law. Counties were selected as proxies for levels of justice reinvestment grant usage. These data include prison admissions (June 2010&ndash;July 2016), probation admissions (June 2010&ndash;July 2016), and the number of individuals on community supervision (July 2010&ndash;December 2015). Analyses reveal significant changes in all measures. The results of this study have several implications for current and future implementations of justice reinvestment.</p><p>
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20

Mamashela, Ntsoaki Lydia. "A comparison of the implementation of equal pay for work of equal value with Canadian law." Thesis, Nelson Mandela Metropolitan University, 2017. http://hdl.handle.net/10948/18332.

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The consolidation of 22 years of democracy and 20 years of the Constitution of the Republic of South Africa entrenched the need to eradicate social and economic inequalities, particularly those that stem from our history of colonialism, apartheid and patriarchy, which brought pain and suffering to the great majority of our people, in particular Black people. Therefore, the passing of the Constitution of the Republic of South Africa (Constitution)1 20 years ago, marked a turning point in our history by giving expression firstly, to the Freedom Charter and secondly, by upholding the values of human dignity, equality, freedom and social justice in a united, non-racial and nonsexist society where every South African may flourish. However, despite the fact that the Bill of Rights in the Constitution provides that everyone is equal before the law and that equality includes the full and equal enjoyment of all rights and freedom, discriminatory practices, in particular, pay inequalities, are still rife in our country. It is against this backdrop that the historical background of the employment discrimination law in South Africa, which over a period of time, contributed significantly to the high levels of inequalities in pay experienced by the previously disadvantaged groups, such as Black people, women and people with disabilities becomes critical. This aspect points to the importance of understanding the context within which the principle of “Equal Pay for Work of Equal Value” has been and should be implemented in South Africa compared to Canada. Therefore, drawing from the review of the legislation and the implementation processes of the principle of equal pay for work of equal value, the following best practices/ lessons learned were identified: 108 of 1996. The Canadian Ontario Pay Equity Act states that the value of job classes be based on factors such as skill, effort, responsibility and working conditions. This Act also requires the employer to take proactive steps to institute a jobevaluation scheme, and the participation of the social partners and the affected workers is crucial. It is submitted that there are similarities in these requirements with those contained in the Employment Equity Regulations, 2014, which implies that the South African legislative framework draws on this best practice. The Ontario Employment Standards Act allows the comparison to be drawn with the establishment of the same employer in the same municipality, as well as with establishments to which a worker can be transferred. In this regard, it is observed that the new provisions on equal pay in section 6(4) of the Employment Equity Amendment Act, 2013, limits only the comparison with the employees of the “same employer” without elaborating further into the same municipality or with establishments to which a worker can be transferred. Under Ontario Pay Equity Act, even if there is no precise comparator in the establishment doing work of equal value, the employer must ensure that the worker’s pay is proportionate to others doing work of proportionate value. In the context of South African legislation, a comparison on the basis of proportionate value is not catered for. The meaning of “work of equal value” refers to the work that is the same (identical or interchangeable), substantially the same (sufficiently similar), or of equal value (accorded the same value) when compared to an appropriate comparator. In justifying equal pay, the Ontario statute provides that formal seniority systems and performance-related pay can justify unequal pay only if they do not discriminate on the grounds of gender. This is similar to the South African statute, in particular, regulation 7 of the Employment Equity Regulations, 2014, which include seniority and performance as some of the factors that may justify unequal pay only if they do not unfairly discriminate on one or combination of the listed grounds, and on any other arbitrary ground as prescribed by section 6(1) of the EEA as amended. As per the Ontario legislation, the employer cannot reduce the rate of remuneration in order to comply with the principle of equal pay for work of equal value. Similarly, in the South African legislation, in particular, regulation 7 of the Employment Equity Regulations, 2014, it prevents levelling down of pay in instances of demotions and in transfer of contracts (section 197 of the LRA). There is a requirement in terms of the Ontario Pay Equity Act, that employers must establish and maintain pay equity in their establishment in consultation with the bargaining agent (trade unions); and after the agreement, post a Pay Equity Plan in its workplace. In terms of South African legislation, the EEA does not have a requirement for a Pay Equity Plan, however, designated employers (those required to comply with Chapter III of the EEA) are required in terms of sections 19(1) and 20 of the EEA to conduct a review of their workplace policies, practices and procedures, inclusive of remuneration and benefits; and develop and implement affirmative-action measures to address any unfair discrimination practices by including these measures in their Employment Equity Plans. Furthermore, in terms of section 27 of the EEA, designated employers are then required to submit their annual Income Differential Statements to the Employment Conditions Commission (ECC) on the remuneration and benefits received in each occupational level of that employer’s workforce. In relation to dealing with pay-equity disputes, the Ontario Pay Equity Act, establishes a Pay Equity Commission, which consists of a Pay Equity Office, inclusive of Review Officers and the Hearings Tribunal that are mandated to specifically enforce the equal-pay-for-work-of-equal-value principle. Contrary, in South Africa, the legislation does not cater for the establishment of a Pay Equity Commission with exclusive mandate to deal with pay-equity cases. In this regard, the various courts and the CCMA which are mandated to deal with equal-pay disputes are also mandated to deal with other labour disputes emanating from other labour legislation, e.g. the LRA, BCEA, EEA, UIA, OHSA, COIDA, etc. The Review Officers in the Pay Equity Office in Ontario are mandated to monitor the implementation and maintenance of the Pay Equity Plans as per section 34 of the Pay Equity Act in Ontario. In South Africa, the EEA makes provision for DG Review process in terms of section 43, where the DG of Labour can subject any organization for a review to assess its compliance with the requirements of the EEA as whole, and not specifically to assess the implementation of the principle of equal pay for work of equal value. Notably, assessment of income differentials to promote equal pay may form part of the DG review process. In light of the above best practices / lessons learned, the following recommendations are made to inform the improvement plans of the implementation of the principle of equal pay for work of equal value in the South African labour market: Conducting of continuous advocacy campaigns to raise awareness and educate all stakeholders, i.e. employers, employees and trade unions on the principle of equal pay for work of equal value. Development of further policy guidelines in relation to equal pay consultations within the workplace between the employer and the employees, including where applicable registered trade unions. A policy directive on the “equal-pay consultation” will promote not only transparency around pay and benefit structures, but will encourage proactive measures from employers to develop pay/remuneration policies, including establishing remuneration committees; conducting job evaluations; implementing job-grading systems and performance-evaluation systems to promote the implementation of the principle of equal pay for work of equal value. 2 SS 115(4) and 158(1)(j) of 66 of 1995. Minimum wage-setting bodies should have the duty to apply the principle of equal pay for work of equal value in the setting of minimum wages. Collective bargaining structures such as bargaining councils should have a duty to apply and enforce the principle of equal pay for work of equal value in the wage-negotiation process and conclusion of collective agreements. Given the importance of collective bargaining in wage-setting in South Africa, there should be a duty on the social partners to include the principle of equal pay for work of equal value in all collective agreements. Industry-wide comparisons should be utilized, particularly in sectors in which collective bargaining operates at a sectoral level. Alternatively, the “Proxy” method as developed in Ontario, should be considered. Proportionate pay, as developed in Ontario, should be considered in cases where there is no comparator doing work of equal value, employed by the same employer. Possible legislative amendments to section 27 of the EEA to include a new provision, requiring employers to develop and implement a Pay Equity Plan outlining how they intend complying with the principle of equal pay for work of equal value. Then an annual progress report must be submitted to the Director General of Labour on how the Pay Equity Plan has been implemented instead of the current submission of an Income Differential Statement to the ECC. Finally, compliance with the principle of equal pay for work of equal value is required as a condition for accessing State Contracts under section 53 of the EEA when this section is promulgated in the near future. It can be deduced from the review process that the principle of equal pay for work of equal is a complex and specialized area. However, it was also clear that in both South Africa and Canada, the issue of equal pay is seen, not only as a workplace issue, but as an important Constitutional fundamental human-right imperative to the achievement of equality in a society as a whole.
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21

Ma, Ki-tin, and 馬基田. "A review of the implementation of the noise control ordinance in Hong Kong." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 1996. http://hub.hku.hk/bib/B31253489.

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22

Chimeri, Vongai. "The WTO agreement on technical barriers to trade : a critical appraisal of its implementation within the Southern African Development Community." Thesis, University of Fort Hare, 2017. http://hdl.handle.net/10353/2855.

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The World Trade Organisation Agreement on Technical Barriers to Trade (TBT Agreement) was crafted with the aim of ensuring that technical regulations, standards and conformity assessment procedure do not constitute unnecessary obstacles to international trade. Southern African Development Community (SADC) countries have since ratified this Agreement and took a step further to incorporate its principles into the Technical Barriers to Trade Annex to the SADC Protocol on Trade. Despite this effort, SADC countries are still grappling with implementing the TBT Agreement in their domestic frameworks. Consequently, technical barriers to trade have become impediments to both regional and international trade. It is in this context that this study aims to examine the implementation of the TBT Agreement within the SADC. The study answers the question what are the challenges facing SADC Member states to fully implement the TBT Agreement? The study demonstrates that SADC Member face challenges which include of lack adequate resources, technical expertise and enforcement mechanisms to effectively implement the TBT Agreement. In the finality, the study recommends SADC Member states to deepen regional integration in order to collaborate on matters relating to technical barriers to trade within the region. Member states should also share information and learn from the experiences of other countries on how to effectively implement the TBT Agreement. Further, government officials should be educated on trade-friendly regulations that do not compromise on the principles of the TBT Agreement. To this end, regulatory impact assessments should be established in order to assess the trade effects of both new and old regulations. Effective enforcement mechanisms should also be introduced in order to coerce Member states to comply with their regional obligations. By effecting these recommendations, SADC states have the opportunity to eradicate technical barriers to trade thereby increasing both regional and international trade.
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23

Isaacs, Alfred Eugene. "The challenges posed by mandatory minimum sentence legislation in South Africa and recommendations for improved implementation." University of the Western Cape, 2004. http://etd.uwc.ac.za/index.php?module=etd&amp.

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Generally the Courts have a discretion to impose sentence. Violent crime was rampant in South Africa. The response of the legislature in dealing with crime was to enact legislation in 1997 like sections 51 to 53 of the Criminal Law Amendment Act 105 of 1997 which prescribe severe mandatory sentences for a large number of serious offences like murder, rape and armed robbery. This legislation come into effect on 1 May 1998 and was to have effect for two years. The President could with the concurrence of Parliament by proclamation extend its operation for one year, that was in fact done. The latest extension of the Criminal Law Amendment Act 105 of 1997 was for a further two years making the minimum sentence provisions valid until 30 April 2005. The Courts did not like these mandatory sentences because of the limitation it places on judicial discretion and dealt with this legislation that limited their judicial discretion restrictively in order to defend their sentencing discretion. Although the Criminal Law Amendment Act of 105 of 1997 was held not to be unconstitutional the Courts stll sought to give it a narrow interpretation. This research paper include an outline of the Criminal Law Amendment Act<br>the Constitutional challenges that were brought against the Criminal Law Amendment Act<br>the judicial interpretation of the Criminal Law Amendment Act as well as the applicability of the Criminal Law Amendment Act to District Courts and juvenile ovenders<br>the procedural requirements that must be complied with in the Criminal Law Amendment Act and its consequences if not complied with. This paper examined how the Courts defined substantial and compelling circumstances, the approaches adopted by the Courts and when deviation from the Criminal Law Amendment Act can take place. It also include the challenges posed by mandatory minimum sentence legislation as well as recommendations for the improved implementation of the Criminal Law Amendment Act.
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24

Jantjes, Anthea. "An analysis of organisational performance management in the City of Cape Town : from legislation to implementation." Thesis, Stellenbosch : Stellenbosch University, 2008. http://hdl.handle.net/10019.1/2485.

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Thesis (MPA (School of Public Management and Planning))--Stellenbosch University, 2008.<br>Research was conducted in this paper on organisational performance management. Various definitions are offered in order to provide an explanation to the topic. Different models on performance management were discussed including the balanced scorecard. The City of Cape Town was identified as a case study to ascertain how the provisions for the performance management system, as stipulated in legislation, were implemented. The use of the balanced scorecard was also reviewed. Officials were interviewed, as well as various documentation considered, dealing with performance management in the City of Cape Town. From the findings various recommendations were made to improve the performance management system.
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25

Houser, Shirley Ann (Delp). "*Policy analysis of state and federal educational accountability legislation and its implementation in California high schools." Scholarly Commons, 2007. https://scholarlycommons.pacific.edu/uop_etds/2349.

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This analysis of California's Public School Accountability Act (PSAA) and the federal government's No Child Left Behind (NCLB) legislation reviews the components, implementation timelines, and impact these two accountability policies have had on secondary schools and more specifically secondary schools located in Tulare and Kings Counties of the San Joaquin Valley of California. The study identifies both Immediate Intervention for Underperforming Schools Program (II/USP) schools and similar schools that did not elect to enter the program Non-II/USP schools. Quantitative analysis of Academic Performance Index (API) and Adequate Yearly Progress (AYP) from 1999 to 2006 is statistically compared. Summary interviews with site administrators from all schools within the study reflect how these two populations II/USP schools and Non-II/USP schools addressed the requirements and met the challenges of the PSAA and NCLB legislation. Conclusions draw into question the state and federal legislations implementation timeline, readiness to support changes needed in the secondary schools starting in 1999, and recognition of communication issues with secondary schools concerning the expectations of the accountability legislation. Finally, issues are outlined concerning the effectiveness of the timeline and funding process associated with the state sanctions of II/USP and SAIT programs.
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Hone-Warren, Martha. "Exploration of school administrator attitudes regarding implementation of do not resuscitate policy in the elementary and secondary school setting." CSUSB ScholarWorks, 2004. https://scholarworks.lib.csusb.edu/etd-project/2695.

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No previous study has attempted to clarify and articulate administrator attitudes regarding DNR orders in the school setting. Administrative school staff are responsible for development and implementation of school policy therefore understanding administrators' attitudes would assist discussion and decision making related to DNR orders in the school setting.
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Suleiman, Abdulqadir M. "Economic and Strategic Consequences For SMEs in Norway Following Implementation of the New EU Chemicals Legislation, REACH." Thesis, Blekinge Tekniska Högskola, Sektionen för management, 2010. http://urn.kb.se/resolve?urn=urn:nbn:se:bth-1112.

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On the last day of May 2008, new chemicals legislation, REACH came into force in Norway following its implementation within the EU in 2007. The regulation streamlines and improves an earlier legislative framework for chemicals of the European Union. To be able to comply with the new regulation, enterprises will have to put in place considerable measures and undertake possibly restructuring part of or the entire enterprise. Such measures could include the need for training, external consultancy and need for new practical software. Other measures include strategic changes in the enterprises such as the centralization of operations, change of short/long term plans, venturing into areas, change in procurement procedures etc. These may vary from enterprise to enterprise depending on their position on the supply chain as defined by the new legislation. Importers and producers of chemicals have more duties under REACH than downstream users and distributors. This study investigates how small and medium-sized enterprises (SMEs) within the chemical industry in Norway have been affected by the implementation of the legislation; the main focus of the study is on the economic and strategic effects of REACH on SMEs. Most SMEs in Norwegian chemical industry fall under REACH’s definitions of downstream users and distributors meaning they have fewer duties compared to producer and importers. Despite fewer duties, the effect of REACH on SMEs is quite comprehensive and far-reaching.<br>Address: Austadvn 99 3034 Drammen Tel: +47-90949602
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Osmani, Nuhi [Verfasser]. "Implementation of National Legislation with European Standards in Minority Rights Issues - Special Focus in Kosovo / Nuhi Osmani." Flensburg : Zentrale Hochschulbibliothek Flensburg, 2021. http://d-nb.info/1238055877/34.

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Irving, L. D. "Challenging ageism in employment : an analysis of the implementation of age discrimination legislation in England and Wales." Thesis, Coventry University, 2012. http://curve.coventry.ac.uk/open/items/ffc88163-6994-4400-bead-121298f52bd1/1.

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The Employment Equality (Age) Regulations were introduced in England and Wales in 2006, seeking to prohibit age discrimination in employment and vocational training. This thesis assesses whether the legislation adopted is an effective mechanism by which to address age discrimination in the workplace and achieve the dual but contradictory objectives of the European Union Framework Directive on Equal Treatment of achieving equal treatment between age cohorts whilst encouraging the active participation of older citizens in the workplace. The thesis sheds light on this hitherto unregulated suspect ground of discrimination by means of a quantitative and qualitative analysis of all employment tribunal judgments which relate to an age discrimination claim over a three and a half year period. This study shows that very few claimants were successful if their claim of age discrimination was considered by a tribunal and there was considerable inconsistency of implementation and interpretation of the legislation by individual tribunals. Employers have quickly developed defences against claims of age discrimination in order to maintain their freedom to contract and the imbalance between the two parties was particularly noticeable with claimant credibility often under scrutiny – a process claimants appeared unprepared for. Regional discrepancies were found in terms of success rates and compensation awards. A gender award gap was found in both overall compensation and injury to feelings awards, with women given smaller awards than men, whilst younger workers were given smaller awards than older workers. Legal representation made a substantial difference to success rates and compensation awards, but the majority of awards were low and many would not have covered legal costs. The low compensation awards do not provide an effective deterrent, as required by the Article 17 of the Directive. The legislation is particularly ineffective for those who claimed they had suffered multiple discrimination. Although an important first step in regulating ageist behaviour, the Regulations and the subsequent Equality Act 2010 will be unlikely to achieve the aims of the Directive as they provide little incentive for claimants to undertake the stressful process of making a claim under the legislation, which relies upon individual fault-finding.
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Blackmore, Martin James. "Actively seeking work : an enquiry into the implementation of the work test in England from the Poor Law to the Jobseeker's Allowance." Thesis, University of Portsmouth, 2000. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.326998.

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31

Jeppson, Jonas. "The OECD cryptography policy guidelines and their implementation /." Thesis, McGill University, 2000. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=31164.

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The Organization for Economic Co-operation and Development (OECD) issued on 27 March 1997 a recommendation concerning cryptography policy guidelines in an attempt to foster international co-operation and harmonization. Information is becoming increasingly valuable in society. Globalization of markets, improvements in information and communication technology and the shift to a knowledge-based economy has, furthermore, created an enormous potential for electronic commerce. Conservative estimates predict electronic commerce will have a turnover of more than US $400 billion by 2002. The increasing importance of information and communications has, however, made the information society vulnerable. Cryptography plays an important part in securing transactions in electronic commerce and moreover, in establishing a secure electronic environment in the information society. Fear of privacy infringements and lack of secure methods for electronic transactions has until now been holding electronic commerce back. Cryptographic methods are an essential part in securing electronic commerce. Law enforcement agencies and national security organizations fear, however, that widespread use of strong encryption will impede their work substantially. This thesis analyzes the advantages and disadvantages of strong encryption and how the balance of the conflicting interests has been dealt with in the OECD Cryptography Policy Guidelines. Moreover, shows the thesis how the OECD Cryptography Policy Guidelines have been implemented and makes suggestions on how the guidelines should be implemented.
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Nakitto, Saidat. "The implementation of the Rome Statute of the International Criminal Court in Uganda and South Africa : a critical analysis." Thesis, Brunel University, 2017. http://bura.brunel.ac.uk/handle/2438/15271.

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The thesis examines the extent to which the Rome Statute of the International Criminal Court (Rome Statute) has been implemented by Uganda and South Africa. State parties to the Rome Statute are expected to perform their obligations under the Statute in good faith. This entails conducting investigations and prosecutions for ICC crimes by virtue of the principle of complementarity, as well as fully cooperating with the ICC in its investigations and prosecutions where the state is unwilling or unable to do so. However, the Rome Statute does not provide clear guidance on what measures need to be undertaken by states to implement its provisions. This leaves states with the discretion to determine how best to give effect to the provisions of the Rome Statute. Drawing from the practices of various states, the thesis gives an overview of the ways through which the Rome Statute has been implemented and makes a detailed analysis of the case studies of Uganda and South Africa. The focus is on the national implementing legislation, institutions that enforce the legislation and resultant court decisions. The emerging challenges faced by institutions in implementing the Rome Statute are discussed and using examples of other states, solutions are suggested to eliminate these problems. The thesis argues that effective implementation of the Rome Statute at the national level requires not only enacting legislation to domesticate the Rome Statute but also actual enforcement of the legislation to ensure adherence with the law.
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Orgill, Claude Derek. "The implementation of skills-development legislation in the Western Cape : A study of the naval dockyard Simon's Town." Thesis, University of the Western Cape, 2007. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_6902_1242888912.

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<p>This study investigated the extent to which skills development is implemented within the naval dockyard Simon's Town within the context of the NSDS and the various forms of legislation. In March 2001 the Department of Labour embarked on an initiative called the National Skills-Development Strategy to address unemployment, and thus enhancing the economy. One of the areas that were identified to address the above concerns was the skills-development of its people. It is against this background that this study investigated the implementation of the NSDS within the Naval Dockyard.</p>
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Kan, Chi-keung, and 簡志強. "A review of the implementation of the personal data (privacy) ordinance in the Hong Kong Correctional Services Department." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 1998. http://hub.hku.hk/bib/B31965507.

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Dixon, Kathryn V. "Framing Bilingual Education Policy: Articulation and Implementation in Texas." Thesis, University of North Texas, 2014. https://digital.library.unt.edu/ark:/67531/metadc699899/.

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Language education policy and its implementation have been controversial and ongoing issues throughout the United States, especially in the border state of Texas, with its large population of students who are learning English. This dissertation reports two studies, the first of which was a frame analysis of problems and solutions as represented by the five bills amending the Texas Education Code with regard to bilingual education and English as a second language programs. These laws, passed in 1969, 1973, 1975, 1981, and 2001, have been enacted since 1968, the year the Bilingual Education Act (BEA) was passed. The problem framed consistently by these state policy documents was inadequate instruction for children who come to school speaking languages other than English. More variability was seen in the framing of solutions, with approaches changing from the authorization of instruction in languages other than English, to the establishment of mandated bilingual programs, to the extension of special language programs, and to the establishment of dual language immersion programs. The primary ideology influencing the policy documents was the monolingual English ideology; however, alternative ideologies are apparent in the policies that allow for dual language immersion programs. Geographic information systems (GIS) analysis was used in the second study to investigate the geographic locations of particular programs and the demographics of students they served. Choropleth maps showed variability in program distribution across the state with distinct patterns apparent in only two programs. The maps indicated that districts with high percentages of student enrollment in one-way dual language programs tended to be located in and near the major metropolitan areas, whereas many districts offering early exit transitional bilingual programs tended to be located along the Texas-Mexico border. Despite the literature on bilingual/ESL program effectiveness, the predominant program in the border region of Texas is among those considered least beneficial to students learning English. This pair of studies illustrates the influence of monolingual English ideology on educational practice and policy through the implementation of programs by districts as well as the framing of bilingual education in legislation.
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Mkhonta, Gcebekile Tikhokhile. "A critical analysis on how policy and legislation influence the implementation of renewable energy in the Nelson Mandela Bay Municipality." Thesis, Nelson Mandela Metropolitan University, 2011. http://hdl.handle.net/10948/8683.

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Development in this century is facing the critical dilemma brought about by Climate Change and the misuse of natural resources which are being depleted faster than they are being reproduced. Sustainable development offers an on-going call for global action towards mitigating the impact of these changes to ensure that current generations live equitably without infringing on the needs of future generations. Ensuing from Sustainable Development are a variety of initiatives such as Renewable Energy, which are aimed at reducing the amount of greenhouse gases, the main culprits of Climate Change. Many countries around the globe have further tailored Sustainable Development principles into policy and legislation to ensure that development initiatives meet the needs of current generations without compromising those of future generations. This study embarked on a process to evaluate how such policies influence the implementation of Renewable Energy projects in the Nelson Mandela Bay Municipality in Port Elizabeth, South Africa.
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Gaál, Bettina. "Implementation of Sutainability Reporting in the EU - A Comparative Case Study." Thesis, Uppsala universitet, Institutionen för geovetenskaper, 2019. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-388677.

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The European Union has since the 1970s shifted their focus towards environmental policies and today they aim at the adequate implementation of environmental sustainability initiatives across all member states. The process of the implementation of sustainability reporting and corporate social responsibility (CSR) and the achievement of the SDGs require a multilevel governance paradigm-shift, provides a framework for all involved parties to act and perform accordingly. The Directive 2014/95/EU on non-financial and diversity reporting is an incentive to achieve higher environmental, social and economic sustainability and transparency amongst European corporations. However, deriving from the nature of a directive, it does not offer a clear guideline to follow nor actual legislative guidance. Even though directives are mandatory to be implemented in national legislation, the way and form of it may vary to a great extent due to the fact that it is sufficient for the EU if the directive is translated into the countries’ law. This, however, results in different levels of efficiency and performance in different countries.This research contributes to the understanding of the implementation of environmental EU directives with the goal of achieving sustainable development within the EU member states. Throughout a multilevel governance and deductive approach, the comparative case study highlights the differences and identifies leverage points for policy makers and future research to develop common best practices for such purposes.In order to answer the research question Why do countries perform in significantly different ways within the field of sustainability, given they are all following the same directives issued by the EU?, the comparison of the two selected countries, Hungary and Sweden was conducted through two sub-questions, which aimed at identifying the differences and similarities in their governance framework to reach the SDGs and legislation following the Directive 2014/94/EU. In conclusion, clear differences can be identified between the countries’ political commitment, integrational and holistic approach of sustainability into policy-making and; and the “extra mile” and commitment that Sweden manifested to improving the sustainability and transparency level of corporations in applying stricter measures in national legislation following the Directive 2014/95/EU and handling sustainability as a concept as a crucial, essential and integrated part of life.
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Taiwo, Elijah Adewale. "The implementation of the right to education in South Africa and Nigeria." Thesis, Nelson Mandela Metropolitan University, 2011. http://hdl.handle.net/10948/1392.

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The thesis examines the right to education in South Africa and Nigeria. It presents the right to education as an empowerment right which is given a wide recognition in a number of important international and regional human rights instruments as well as in national constitutions. It asserts that the right to education is a right with a multiplying effect in the sense that where it is effectively guaranteed, it enhances the enjoyment of all other rights and freedoms, and when it is denied, it precludes the enjoyment of many other human rights. The thesis examines the provisions of relevant international and regional human rights instruments to assess the adequacy of a framework that applies to South Africa and Nigeria's obligations regarding the right to education. It argues that those instruments impose obligations on all the States to make primary, secondary and higher levels of education available, accessible, acceptable and adaptable to all in their territories. It argues that by having ratified those international agreements in which the right to education is protected, both South Africa and Nigeria assume obligations under international law, enjoining them to realise the right to education and to respect freedoms in education. The study adopts a comparative approach and relies on primary and secondary sources of data; the data is subjected to an in-depth content analysis. The focus of the comparison is on whether the South African's position regarding the right to education can inform Nigeria's interpretation of the right to education. The reason being that the Nigerian Constitution does not provide for the right to education as a basic right as exists in South Africa. The Nigerian Constitution categorised the right to education under “fundamental objectives and directive principles” which are non-justiciable. In this sense, the thesis argues that the legal classification of the right to education, to a large extent, affects its realisation in Nigeria. It suggests that an important area where Nigeria could learn from South Africa is the issue of justiciability and constitutionalising the right to education as well as other socio-economic rights. In terms of implementation, the thesis submits that despite the international obligations and commitments to provide education for all, there is a significant gap between what is stipulated and the practical realities in the two countries. It argues that the right to education is more than a mere school attendance, how well a learner progresses in school is equally important. It posits that the high failure rates and the progressive slide in students' performances in schools xx examinations as shown in the study illustrate the poor quality and falling standard of education in the two countries. South Africa enjoys one of the highest rates of formal school enrolment of any developing country, yet the link between access and success is also weak in the South African schools just as in Nigerian schools. Inadequate planning, poor implementation of policies, lack of adequate resources and commitments are identified as the prime factors hampering the implementation of the right to education in both countries. Solving these problems and making the right to education realisable call for a renewed government commitments and investment of appropriate human and financial resources on education. This also requires a strong political will as well as concerted efforts of all the various actors in the educational sector in the two countries.
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Barva, Milan. "Návrh na řešení dopadů evropské legislativy na procesy obsluhy zákazníků." Master's thesis, Vysoké učení technické v Brně. Fakulta podnikatelská, 2010. http://www.nusl.cz/ntk/nusl-222427.

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The subject of my diploma thesis is to describe, analyze and quantify the impact of the European legislation on the solutions of IT support, selected processes and to propose steps to manage them. The work analyses present situation and deals with option of optimal solution at using present piece of knowledge. End of my work is go in actual procedure application IT systems, so as effectively support the company process.
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Nagatsuka, Jacqueline Myra. "The decline in the admission of underrepresented minority students to selective public institutions after the implementation of anti-affirmative action legislation." Diss., Restricted to subscribing institutions, 2008. http://proquest.umi.com/pqdweb?did=1580936661&sid=1&Fmt=2&clientId=1564&RQT=309&VName=PQD.

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41

Dixon, Henry George. "Email security policy implementation in multinational organisations with special reference to privacy laws." Thesis, Port Elizabeth Technikon, 2003. http://hdl.handle.net/10948/229.

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In 1971, scientist Ray Tomlinson sent what is now considered the first email message. It was considered as “nothing short of revolutionary … deserv[ing] a spot in the list of great communication inventions such as the printing press, telegraph and telephone” (Festa, 2001). Whereas email was first used exclusively in the military (Arpanet) and in academic circles, it has now become almost ubiquitous, used widely for private, as well as for business correspondence. According to a Berkeley study (Berkeley, 2000), there were approximately 440 million corporate and personal [e-] mailboxes worldwide in 2001, of which more than a third was corporate mailboxes. As a result of the extensive use of email in the corporate environment, Information Officers have to ensure that the use of email adds business value. In an “always on” market place, the efficiency, immediacy and cost effectiveness of email communication are immediately evident. A study by Ferris Research, quoted by Nchor (2001), shows that there is “an overall productivity gain of US$9000 per employee as they send and receive emails to get projects done.” However, the use of email in the corporate envi-ronment also poses business risks that need to be uniquely addressed. Among these “key business risks” (Surfcontrol, 2001) are security risks, viruses, legal liability, pro-ductivity loss and bandwidth abuse. To address the risks mentioned above and to protect the business value of email, spe-cific policies have to be implemented that address email usage. Information Security Policies are defined in most corporate environments. In a study done by Elron Soft-ware (2001), 83% of respondents who have abused email have company policies regu-lating email usage. There appears to be a gap between policy conception and policy implementation. Various factors inhibit effective policy implementation – ethical, legal and cultural. The implementation of corporate policy becomes especially complex in multinational environments where differing information law Email usage is ubiquitous in the modern business environment, but few companies adequately manage the risks associated with email.
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Kulundu, Kenneth Wanyama. "South Africa and the International Criminal Court: investigating the link between complimentarity and implementation." Thesis, Rhodes University, 2006. http://hdl.handle.net/10962/d1003194.

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Complementarity, the organizing principle of the International Criminal Court (ICC), is a largely untested concept in terms of its ability to instigate State compliance with the Rome Statute of the International Criminal Court. The ICC made its debut at a time when States were routinely accused of non-compliance with international law, particularly international criminal law. Due to perennial concerns over the protection of State sovereignty, an ingenious system of allocation of competencies between States and the ICC was evolved. This is embodied by the principle of complementarity. At the heart of complementarity is an arrangement by which States Parties to the Rome Statute of the ICC are regarded as the prime fora for the prosecution of crimes of grave concern to the international community. In the event of inaction, however, the ICC is mandated to wrest specific cases from the jurisdiction of national courts and try them. In effect, a carrot-and-stick mechanism has been built into the Rome Statute to induce States to comply with the Statute. This thesis examines the principle of complementarity from a theoretical perspective, bearing in mind contemporary international law structures and institutions. A better understanding of the theoretical assumptions of complementarity, it is suggested, will foster a more effective application of the tenets of the Rome Statute within the municipal system. The thesis argues that complementarity is a catalyst for implementation of the Rome Statute only to the extent to which it alters or re-defines well established and encumbering procedures and norms within the municipal system. In this regard, although South Africa’s status of constitutional democracy may be reason to expect that the obligations imposed by the Rome Statute will be observed, that very fact may increase the inclination to preserve the “baseline of conduct” rather than be swayed by the Rome Statute. An illustrative excursion into South African rules and norms is undertaken, after which the argument is advanced that not much change has been effected to the South African legal landscape through implementation of the Rome Statute. The sole exception to this is the issue of prosecutorial discretion. On this, the South African legislature has uniquely crafted a mechanism for ensuring accountability, presumably with a view to ensuring that South Africa is always able to prosecute the crimes concerned. However, the thesis cautions against complacency, arguing that the tension between national law and international obligations may yet play itself out, owing to insufficient attention to the role of national courts in giving effect to the Rome Statute. The act of implementation may be a response to stimuli such as the perceived need to avoid civil liability for international crimes, or the general inertia of implementing human rights instruments. Therefore, the carrot-and-stick mechanism may be lacking in the compulsive qualities it is presumed to have. Through an exploratory survey of South African law, the thesis illustrates that prosecutorial accountability is the major factor in determining whether a State has fully complied with is obligations under the Rome Statute. However, it also points out that the way courts of law apply the new norms in municipal systems in the future will be crucial.
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De, Mars Sylvia. "Identical regulation, different outcomes : an analysis of the implementation of EU public procurement legislation in the United Kingdom, the Netherlands, and France." Thesis, University of Nottingham, 2010. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.536559.

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Since 1993, the European Union has dramatically increased the scope and volume of its procurement regulation; particular increases have been made in terms of the procurement procedures made available, and the obligations that national contracting authorities have in light of EU law. This thesis examines the influence that recent developments in EU public procurement law have had on national procurement regulation in the UK, the Netherlands, and France. To assess this influence, three 'case study' areas were selected for investigation: the new procurement procedure 'competitive dialogue', made available for the procurement of complex contracts; the ability to repeat purchase using 'framework agreements', recently made available for purchasing in non-utilities sectors; and the Court of Justice's use of 'general principles of equal treatment and transparency', which has created new obligations for national contracting authorities. The thesis found that, in the areas examined, the influence of EU secondary legislation is substantial and-in two of the three countries examined-also plays a visible role in national regulation where EU law is not mandatory. The Court of Justice jurisprudence evaluated has had its most significant impact on the national judiciary: courts were found to reinforce the Court's judgments in all countries. Soft law issued by the European Commission had little perceivable influence on the formal legal regulation of the Member States examined, but may have influenced approaches taken to guidance or legislation more generally. The thesis also observed that harmonization of national laws, despite not being an objective of the EU rules, has increased in recent years-but even now, national differences (usually reflective of historical approaches taken to procurement regulation) are visible in those areas where the EU rules are optional, rather than mandatory.
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Mphendu, Unathi. "Evaluation of the implementation of professional ethics and anti-corruption legislation : the case of the Social Sector Cluster in the Gauteng Province." Thesis, University of Pretoria, 2017. http://hdl.handle.net/2263/65501.

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South Africa established seven anti-corruption institutions and more than 17 pieces of legislation to combat corruption. However, it seems that there is consensus among pundits that the implementation of South Africa’s anti-corruption legislation has proven ineffective despite the government’s efforts to promulgate sound and progressive anti-corruption legislation. The National Development Plan (Vision 2030) also alludes that South Africa has not suffered from the lack of policies or poor policies, but rather an inability to implement these policies effectively. There is a need to pause, reflect and propose sustainable solutions when the consequences of corruption threaten the developmental goals of South Africa. The primary objective is to create integrity among the jurisdictions by implementing the existing professional ethics and anti-corruption legislation. It is essential to ensure that the former and latter is implemented properly within the Social Sector Cluster in the Gauteng Province to realise the provincial vision of an advanced, approachable and exciting government where people are central in decision-making. The study adopted a mixed methods approach and utilised a case study, as well as a survey based on the dimensions of the ITPOSMO model which is highly recommended for the effective implementation of ethics and anti-corruption initiatives. Since a formal instrument was unavailable to test this model within a selected setting, each of the dimensions were converted and reduced to relevant questions which focused on the difference between design and reality. A literature review was conducted of the international, continental and national perspectives. The study further examined international best practice and focused on selected Scandinavian countries (Denmark, Finland and Sweden) which have proven with the advent of time effective for the implementation of professional ethics and anti-corruption programmes. Three developing countries, namely: Botswana, Singapore and Georgiashare similar country profiles to South Africa and have markedly improved their rankings on the international ethics and anti-corruption indices. The quantitative data was analysed using descriptive and inferential statistics. The study identified weaknesses that contribute towards ineffective implementation of professional ethics and anti-corruption legislation within this selected setting. These include, among others, apprehensive decision-making process, nominal provincial approach to resolving alleged cases of unethical conduct and undetermined targets including political will. To address these shortcomings, the study proposes an implementation framework to the body of knowledge of professional ethics and anti-corruption legislation by the departments within the Social Sector Cluster in the Gauteng Province. The framework is based on eight dimensions and most significantly, it advocates a cooperative stakeholder approach by all based on creating an ethical environment to minimise unethical conduct.<br>Thesis (PhD)--University of Pretoria, 2017.<br>School of Public Management and Administration (SPMA)<br>PhD<br>Unrestricted
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Meyer, Malcolm James. "Challenges facing the implementation of the employment equity act in public FET colleges in the Western Cape." Thesis, Cape Peninsula University of Technology, 2014. http://hdl.handle.net/20.500.11838/1949.

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Dissertation submitted in fulfilment of the requirements for the MAGISTER EDUCATIONIS in the Faculty of Education at the Cape Peninsula University of Technology 2014<br>The apartheid system caused severe pain, injustice and financial loss to the majority of South African people. To redress the aftereffects of racial discrimination in the workplace, the Employment Equity Act (EEA) of 1998 was established. While there is some research on the challenges of implementing the EEA legislation in universities, there is a paucity of research on the difficulties faced by Further Education and Training (FET) Colleges. The purpose of this research project was to investigate the extent to which the EEA has been implemented in public FET Colleges located in the Western Cape Province, with the specific objective of identifying possible barriers to the implementation of the EEA in these Colleges. The research question was: What types of challenges1, or barriers (if any), exist in the implementation of the EEA in public FET Colleges in the Western Cape? This study is informed by critical social theory. The design of research in this study is both qualitative and quantitative. Data were collected from Deputy Chief Executive Officers (Corporate Services), Human Resources Managers and Campus Heads from each of the four Colleges. Semi-structured, open-ended interviews and documentary analysis were used. Data were analysed quantitatively and qualitatively. Four of the six FET Colleges in the Western Cape Province were selected on the basis of their geographical location and the diversity of their personnel. Results revealed that in public FET Colleges in the Western Cape, white males and coloured females dominate top management positions. Data further showed that the Indian group is the least represented at both top and bottom levels of these FET Colleges. Although white females are fewer than their coloured female counterparts in top positions, they are nonetheless more than double the number of their black female counterparts. These results have serious implications for implementation of EEA legislation in general, and in the Western Cape specifically.
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Dweba, Thandeka. "A study of the implementation of Employment Equity at the Engcobo Local Municipality." Thesis, Nelson Mandela Metropolitan University, 2012. http://hdl.handle.net/10948/d1008410.

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Rationale: It cannot be denied that there has been improvement in demographic representation in South Africa since the implementation of the Employment Equity Act 55 of 1998. Whilst there may still be room for improvement, especially on employer attitudes towards the implementation of employment equity, improved representation of the Previously Disadvantaged Groups has evidently appreciated, however, marginally. Research purpose: This study sought to explore stakeholder perceptions as to why Engcobo Local Municipality had not successfully implemented the Employment Equity Act. Research design, approach and method: This exploratory study was conducted at Engcobo Local Municipality on Councillors, Managers, Key Employees and representatives of Organised Labour. Main findings: a) Engcobo Local Municipality was found not to have complied with various aspects of the Employment Equity Act; b) Respondents mainly believed that failure to implement the Employment Equity Act by Engcobo Local Municipality was due to lack of capacity on the part of the municipality‟s stakeholders; c) Different countries followed different models in the implementation of their Employment Equity, depending on the peculiarity of their circumstances; and d) The most appropriate change management model on which the implementation of the South African Employment Equity is modelled is Hayes‟ Generic Change Management Model. Managerial implications: Future research may be that the municipality can benefit from the recommendations made by the respondents with regard to what they believe needs to be done to remedy the situation. Some of the suggestions include the intensification of communication, establishment consultative structures to facilitate communication and the capacitation of stakeholders to ensure that they understand their responsibilities regarding the implementation of the Employment Equity Act. Contribution: The contribution of the research is supporting the current knowledge base of stakeholders towards the implementation of the Employment Equity Act. Proactive implementation measures should be taken to ensure that people who should benefit from the implementation of the Act are not disadvantaged by the municipality‟s failure to implement the Act. The introduction of the alignment with human resource management practices that complement the implementation of Employment Equity, could overcome the barriers currently being experienced in the effective implementation of the Employment Equity Act.
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Ghosheh, Najati Saleh. "The 1977 transfer of undertakings directive : issues in the creation, implementation, and function of European legislation in select Member States of the European Union." Thesis, University of Cambridge, 1998. https://www.repository.cam.ac.uk/handle/1810/251659.

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Nolting, Janine. "Proposed South African management framework for the implementation of the International Convention for the Control and Management of Ships' Ballast Water and Sediments." Thesis, Rhodes University, 2011. http://hdl.handle.net/10962/d1003907.

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South Africa, strategically situated at the southern tip of Africa, is edged on three sides by almost 3000 km of coastline surrounded by the Indian Ocean and the Atlantic Ocean (South African Tourism, 2011). This vast ocean expanse is responsible for conveying approximately 96% of South Africa’s exports (Brand South Africa, 2011). Despite the positive economic effects of the shipping industry, translocation of harmful organisms and pathogens via ballast water and sediments inside ballast water tanks has far reaching global environmental (and economic) impacts (Oliviera, 2008:1; David and Gollasch, 2008:1966). Ballast water is the water that is taken on in order to manage the draft of the ship, to help with propulsion, manoeuvrability, trim control, list and stability (Oliviera, 2008:2). The discharge of ballast water into the world’s oceans has resulted in the transfer of ecologically harmful sea-life into non-native environments (IMO, 2011), resulting in major environmental threats to our oceans (Bax, Williamson, Aguero, Gonzalez and Geeves, 2003:313). Various international documents have been developed to deal with the ballast water issue, culminating in the introduction of the International Convention for the Control and Management of Ships’ Ballast Water and Sediments (“the Convention”) in 2004. The Convention aims at achieving a reduction in the transfer and subsequent impacts of aquatic organisms via the ballast water and sediment of ships. On a local level, South Africa does not have direct legislation or regulations dealing with ballast water (Duncan, 2007:34) and relies on the combination of a number of pieces of legislation relating to environmental management, coastal management, biodiversity, alien invasive species control, port control and ship safety (National Environmental Management Act, 1998, National Environmental Management: Biodiversity Act, 2004, National Environmental Management: Integrated Coastal Management Act, 2009, National Ports Act, 2005 and Merchant Shipping Act, 1951). Although the Convention was ratified by South Africa in 2008 (Department of International Relations and Cooperation, 2011) it is still not in force and there still exists no other consolidated legal mechanism through which ballast water is managed. This research has investigated the various roles, responsibilities and mandates of South African competent authorities under the aforementioned legislation in managing ballast water, and has determined that there is definite legislative and institutional fragmentation as well as overlaps. A comparative analysis of management frameworks developed both locally and internationally was conducted in order to develop a management framework for ballast water management in South Africa. Various legislative, institutional and functional aspects were identified and adapted for inclusion in a South African management framework. A co-ordinated approach to ballast water management has been developed in the management framework which is anticipated to result in more definitive roles and responsibilities of the various South African departments involved in the management of ballast water and implementation of the Convention.
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49

Mahmood, Aklaaq Ahmed. "A review of the reform legislation relating to medical schemes in South Africa : 1994 to 2007." Thesis, Stellenbosch : University of Stellenbosch, 2007. http://hdl.handle.net/10019.1/884.

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Thesis (MBA (Business Management))--University of Stellenbosch, 2007.<br>ENGLISH ABSTRACT: The democratic government of South Africa inherited a healthcare system that was fragmented and inequitable. The Department of Health was mandated by the Constitution and the Bill of Rights to implement a system whereby quality, affordable healthcare could become available to all citizens of the country within the constraints of the available resources. The objective of government, through reform legislation, is to establish a social health insurance (SHI) system for the country which will ultimately lead to the implementation of a national health insurance (NHI) system in order to achieve universal coverage. Medical schemes have been identified as an important component of this transformation process. The private healthcare industry, represented largely by medical schemes, acknowledges that SHI is the ideal pathway chosen by government to achieve universal coverage, but is concerned with the process being used to achieve this aim, the pace at which transformation is occurring, and the effect of this on medical schemes. The movement towards an equitable healthcare system required the introduction of reform legislation necessary for the establishment of an enabling environment. The implementation of community rating, open enrolment and prescribed minimum benefits (PMBs) reforms, succeeded in ending the risk-rating of those medical schemes that were excluding members who were considered vulnerable. However, these legislations were not followed by a risk equalisation mechanism in the form of a proposed risk equalisation fund (REF) for the South African environment. The main purpose of this fund is to ensure that equity within the medical schemes industry is maintained through the equalisation of the risks that had resulted from the implementation of the first components of reform legislation. The research into the experiences of other countries shows that South Africa is the only country in the world that has implemented the above legislation without a system of risk equalisation. All indications are that the proposed implementation of the REF has been delayed to beyond 2009. In addition, the reform legislation regarding the statutory solvency ratio requires medical schemes to maintain this ratio at 25 percent. This, together with the delay in REF is placing financial pressure on medical schemes. Low income medical schemes (LIMS) legislation is pending implementation. Its purpose is to provide basic medical cover to the lower income market until such time that the components of SHI have been fully negotiated; it is thus an interim measure, but no indication to implement LIMS has yet been given. The average number of years for a country to implement SHI is 70. The South African situation is only 13 years old and though some success has been achieved during this relatively short period, much more still needs to be accomplished. The research shows that, the approximate timelines and intended sequence of implementing the reform legislation were perhaps too ambitious. This has caused the industry stakeholders to be disillusioned about the current state of affairs. Given the time that has elapsed, and considering the progress that has been made thus far, it is recommended that the existing plan be revised or even replaced with a more realistically timed one. This will restore some of the confidence into the “future healthcare vision of universal coverage” for South Africa intended by the government, through a system of social health insurance.<br>AFRIKAANSE OPSOMMING: Die demokratiese regering van Suid-Afrika het ‘n gesondheidsorgstelsel geërf wat gefragmenteerd en onregverdig was. Die Departement van Gesondheid het in die Grondwet en die Handves van Menseregte die mandaat gekry om ‘n stelsel te implementeer waarvolgens bekostigbare gesondheidsorg van goeie gehalte vir alle landsburgers beskikbaar kon word binne die beperkinge van die beskikbare hulpbronne. Die regering se doelwit met hervormingswetgewing is om ‘n maatskaplike gesondheidsversekeringstelsel (SHI) vir die land daar te stel wat uiteindelik sal lei tot die implementering van ‘n nasionale gesondheidstelsel (NHI) met die oog op universele dekking. Mediese skemas is geïdentifiseer as ‘n sleutelkomponent van hierdie transformasieproses. Die privategesondheidsorgindustrie, wat grotendeels deur mediese skemas verteenwoordig word, erken dat SHI die ideale weg is wat deur die regering gekies is om universele dekking te bereik, maar is besorg oor die proses wat gebruik word om hierdie doelwit te bereik, die pas waarteen transformasie geskied, en die uitwerking hiervan op mediese skemas. Die beweging na ‘n regverdige gesondheidsorgstelstel het vereis dat hervormingsgswetgewing ingestel word soos nodig vir die daarstelling van ‘n omgewing wat dit moontlik maak. Die implementering van gemeenskapsevaluering, oop lidmaatskap en hervorming van voorgeskrewe minimum voordele (PMB’s) was suksesvol vir die beëindiging van die risikoevaluering van daardie skemas wat lede uitgesluit het wat as kwesbaar beskou is. Maar hierdie wetgewing is nie opgevolg deur ‘n risikogelykstellingsmeganisme in die vorm van ‘n voorgestelde risikogelykstellingsfonds (REF) vir die Suid-Afrikaanse omgewing nie. Die hoofdoelwit van hierdie fonds is om te verseker dat gelykheid binne die mediesefondsindustrie gehandhaaf word deur die gelykstelling van risiko’s wat die gevolg was van die implementering van die aanvanklike hervormingswetgewing. Navorsing oor die ondervinding in ander lande toon dat Suid-Afrika die enigste land in die wêreld is wat sodanige wetgewing geïmplementeer het sonder ‘n stelsel van risikogelykstelling. Alle tekens dui daarop dat die voorgestelde implementering van die REF uitgestel is tot na 2009. Daarbenewens vereis die hervormingswetgewing ten opsigte van die statutêre solvensieverhouding dat mediese skemas hierdie verhouding op 25% handhaaf. Tesame met die vertraging in REF plaas dit finansiële druk op mediese skemas. Lae-inkomstemedieseskemas (LIMS) is verdere hervormingswetgewing wat wag op implementering. Die doel daarvan is om basiese mediese dekking te voorsien aan die laer-inkomstemark totdat die komponente van SHI ten volle onderhandel is. Dit is dus ‘n oorgangsmaatreël, maar daar is nog geen aanduiding gegee van die implementering van LIMS nie. Die gemiddelde tyd wat dit neem vir ‘n land om SHI te implementeer, is 70 jaar. Die Suid-Afrikaanse situasie is net 13 jaar oud, en hoewel daar heelwat sukses behaal is in hierdie relatief kort tydperk, moet daar nog baie meer bereik word. Navorsing toon dat die geskatte tydperk en voorgenome opeenvolging van die implementering van die hervormingswetgewing dalk te ambisieus was. Dit het veroorsaak dat die belanghebbers in die industrie ontnugter is oor die huidige stand van sake. Met inagneming van die tyd wat verloop het en die vordering wat tot dusver gemaak is, word daar aanbeveel dat die bestaande plan hersien word of selfs vervang word deur een met ‘n meer realistiese tydsbeperking. Dit sal ‘n mate van vertroue herstel in die Suid-Afrikaanse Regering se “toekomsvisie van universele gesondheidsdekking” deur ‘n stelsel van maatskaplike gesondheidsversekering.
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50

Bob, Thandile. "Challenges of public participation in the implementation of portable toilets in South Africa: A case study of Makhaza area in Cape Town, Western Cape Province (2011-2015)." University of the Western Cape, 2018. http://hdl.handle.net/11394/6204.

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Magister Administrationis - MAdmin<br>This research critically sought to conduct a study, to find out whether there was public participation prior to the installation of portable flush toilets (porta potties) in Makhaza Area, Khayelitsha, during 2011-2015. A discussion of a theoretical framework on public participation and decision making forms the basis upon which this study is grounded. The study proceeded to explore public participation in public policy in the local South African context with a specific focus on the legislative environment. To gather information, a maximum number of 30 households in the area of study were interviewed using the technique of purposive sampling falling under non-probability sampling. The selected participants have a distinct connection with the phenomenon under research, and adequate and significant living knowledge of public participation, but have not participated in the process of public participation. Furthermore, both qualitative and quantitative approaches were followed in order to enrich the study deeply.
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