Dissertations / Theses on the topic 'Public Instruction Amendment Act'

Magister Legum - LLM
The majority of South Africa’s 257 municipalities are in a dire state as evidenced by the recent reports of the Auditor-General (AG). 1 The Minister of Cooperative Governance and Traditional Affairs revealed that only 7 percent of the country’s 257 municipalities are classified as wellfunctioning insofar as they are capable of carrying out their tasks adequately.2 From the remaining municipalities, the Minister pointed out that 87 municipalities (31 percent) are ‘frankly dysfunctional’ meaning that service delivery in these municipalities is poor or at times non-existent because of poor governance, inadequate financial management, and poor accountability mechanisms.

Thesis (Ph. D.)--Illinois State University, 2002.
Title from title page screen, viewed February 23, 2006. Dissertation Committee: Phyllis McCluskey-Titus, Paul Baker (co-chairs), James Palmer, W. Garry Johnson. Includes bibliographical references (leaves 142-150) and abstract. Also available in print.

This thesis is a history of moral rights in Australian law. It traces the historical discourse about moral rights in Australian law and demonstrates how that discourse has shaped the meaning moral rights have come to assume in their current form under the current regime contained in the Copyright Amendment (Moral Rijghts) Act 2000. This history examines the reception and later production of a moral rights discourse in Australian law, and reveals that the historical discourse about Australian moral rights was dominated by the three themes; foreignness, international obligation and economic impact. I contend these three themes fundamentally shaped moral rights as they now appear in the moral rights regime. As the history unfolds, it will become clear that the moral rights regime was organised around a specific repertoire of arguments and imaginings, and it is this discourse that informs this thesis. My argument is pursued in three stages. Section One of the thesis provides the historical detail of the moral rights trajectory in Australian jurisprudence, and reveals, within that history, the emergence of three dominant themes, which are pursued in subsequent detail. In addition to the history, this section also provides detailed discussion of the legislative provisions in order to illustrate moral rights as a product of the history, and it highlights some of the shortcomings of the regime and provides some background for the case study in Section Two. Section Two of the thesis interrogates the structure of the moral rights regime by applying the Act's provisions to the case study of indigenous creators, thus providing a contemporary example of how these rights may work in practice, as the result of the historical discourse. Thus this section sets the scene for final part of the thesis, which delves further into the historical discourse. Section Part Three follows the themes of the moral rights debate as they emerged historically. Reconceptualizing the moral rights discourse in this way helps to explain why the debates about moral rights took a particular course and produced the outcomes it did. The starting point for these discussions is a detailed examination of the themes of foreignness, international obligation and economic impact, and follows these themes as they evolved chronologically. In particular, the discussion reveals that the debates about moral rights effectively fall into two eras. The first era (1928-1988) centred around the question of whether Australia should introduce moral rights and the debates about the appropriateness of the reception. At the commencement of the second era (1988-2000) the question shifted to what form moral rights should take. This then provides a backdrop with which to understand why specific discussions about moral rights were sidelined during the years of debates leading up to the legislation; in particular, the subject and the object; which form the fulcrum of a moral rights action. This is an essential part of the history because it explains why the subject and the object came to be imagined and constructed in such a narrow and limited way and clarifies why the moral rights provisions appear manifestly ineffective, particularly for indigenous creators and their communities. This thesis contributes to legal history in three important ways. First, it provides a detailed account of a discourse about moral rights in Australian law, and in doing so challenges the long held assumptions about their reception and production. Second, it highlights the importance of history to legal discourse. Just as regulatory regimes, institutions, and rules are integral to the law, so too are the informal practices, discourses and contexts on which they were based. Third, it reminds the reader that history is a signpost, and this history of moral rights demonstrates that the way this law was derived, imagined and constructed has significance for the social, cultural and legal context in which that process takes place.

Thesis (MTech (Public Management))--Peninsula Technikon, 2004
The World Health Organisation (WHO) presented evidence illustrating that tobacco smoking kills three million people yearly. These statistics are increasing, and unless current trends are reversed by the decade 2020-2030, tobacco will kill 10 million people a year, with 70% of deaths occurring in developing countries (WHO, 1998:1). The WHO then issued a mandate to 191 countries, which included South Africa, requesting them to write, advocate, pass and enforce laws on tobacco control taking into account work and public places, as people tend to spend much time there (WHO,20031-2). According to the literature review, since the promulgation of the Tobacco Act. 1999 (12 of 1999) public officials have been leaving the office much more regularly to congregate with other smokers for a smoke break. This is because legislation stipulates that they may not smoke in the office. It has also been found that the public service delivery process is slow, not only as a result of the phenomenon of smokerism, but also due to staff shortages. Hence, the main purpose of this study was to explore the impact of the Tobacco Act. 1999 (Act No.12 of 1999) on the performance of librarians employed by the City of Cape Town's Library and Information Services: Tygerberg Administration, by focusing on answering two assumptions stating that service delivery is slow and inefficient because of smoke breaks; and that the performance of staff is poor as a result of regular smoke breaks. The research population for this study consisted of 23 out of the 26 librarians-in charge employed in the City of Cape Town's Library and Information Services: Tygerberg Administration, who is the entire target population. The respondents were interviewed using a self-administered questionnaire. The data collected was analysed using software called StatPac for Windows. The results derived indicated that the librarians-in-charge (82.6%) are satisfied with the service delivery offered by their employees. This is regardless of the regular smoke breaks employees take and the grievances of non-smoking employees with regard to the regular smoke breaks taken. However, the Iibrarians-in-charge (91.3%) added that there was room for improvement in terms of dealing with the staff shortages and not the regular smoke breaks. Therefore, based on the findings, the assumptions that relate to this study are discovered to be invalid and untrue. Thus, the Tobacco Act. 1999 (12 of 1999) does not impact on the performance of librarians employed by the City of Cape Town's Library Services, Tygerberg Administration. The following recommendations were formulated: Management should consider taking on volunteers to address the staff shortage situation. Management should motivate employees with any kind of special rewards, remuneration and credentials for work well done. The Director of Social Development and Community Services of the City of Cape Town, Tygerberg Administration, should review the salary structure of librarians and consider increasing it. Both the librarians-in-charge and employees should be educated about the Tobacco Act, 1999 (12 of 1999). This education should also consist of the importance smoking restrictions have in terms of promoting a healthy environment, smoking cessation and job satisfaction. The librarians-in-charge should understand the negative ramifications the lack of rewards, credentials and salary have on job satisfaction. Team-building exercises should be done on a regular basis to strengthen the relationship between employees.

The thesis is focused on analysis of complicated situation in public tenders in ICT field. The content is divided into two main parts. The first part provides an overview of historical development in terms of legal definition of basic laws in public tenders. Historical excursion includes a chapter dealing with the proposed amendment to public tenders act. There are shown the main points that would have a significant impact and would change the process of future commissioning of public tenders. The second part is practically oriented, beginning with computerization of public tenders and dealing further with a practical side of public tenders. There are also defined administrative offenses of commissioners as well as those of suppliers in this part of the thesis. The main focus of the work is an analysis of the most serious cases of public tenders commissioning in ICT field and definition of the biggest faults that occur. There are also provided suggestions as to how to deal with the situation in this part of the thesis.

This thesis deals with public procurement law in the Czech Republic. It captures the latest trends in public procurement law, together with the amendment to the Public Procurement Act, which entered into force on 1 April 2012. The opening chapter introduces the concepts that are closely related to the issue of public procurement and corruption. There are explained key institutional control mechanisms in the Czech Republic and criminal liability of corruption. The analytical part of this thesis describes the changes, which the amendment brought into the Public Procurement Law. These changes are mainly assessed in terms of impact on the suppression of corruption. This thesis presents and analyzes the arguments of proponents and opponents of the amendment. The analysis is accompanied by a brief look at the development of legislation on public procurement in the European Union in general and in two selected countries of the European Union. The conclusion contains a summary assessment of the issue along with an outlook for a possible further developments in the legal regulation of public procurement. Based on the analysis, the thesis leads to the conclusion that the amendment of public contracts, despite some shortcomings, is leading to a more transparent procurement environment.

Local government is arguably the most significant sphere of government to lay citizens, as it is the point of contact of citizens with their government. Local government enables a direct link between the general public and the basic services that they are entitled to by means of their constitutional and legislatively entrenched rights. It is the only sphere of government that allows and encourages face-to-face engagement between citizens and their governors, providing the necessary platform for interaction, contact and communication. It is imperative therefore that this tier of government operate optimally and competently, as it represents a reflection of the operation of government wholly. Research unfortunately illustrates that public perceptions of local government are negative, with levels of trust in local government being substantially lower than those in provincial and national governments. The responsibility for failure to perform would lie squarely on the shoulders of those individuals leading any institution. The leading incumbents driving a municipality are the political and administrative heads, i.e. executive mayor and municipal manager.

Malgré le peu de fondements écrits consacrés à la justice dans le texte de la Constitution du 4 octobre 1958, le Conseil constitutionnel, en réalisant un travail d’actualisation à partir de la Déclaration des droits de l’homme et du citoyen, a permis l’émergence d’un droit constitutionnel processuel, construit autour de principes directeurs. Ceux-ci peuvent être répartis dans trois catégories : deux principales, selon que l’acteur du procès prioritairement concerné soit le juge ou les parties et une troisième, complémentaire, celle des garanties procédurales, permettant de favoriser les qualités essentielles du juge et de contrôler le respect des droits des parties. Une gradation des exigences du Conseil constitutionnel est discrètement perceptible entre les deux premières catégories de principes, plus facilement identifiable entre celles-ci et la dernière famille. Cette échelle décroissante de « densité » des principes directeurs du procès témoigne d’une véritable politique jurisprudentielle en matière de droit constitutionnel processuel, qui met l’accent sur l’accès au juge, doté des qualités indispensables à l’accomplissement de sa mission juridictionnelle. Toutefois, aussi satisfaisante que soit l’action du juge constitutionnel français à l’égard du droit du procès, celle-ci nécessiterait aujourd’hui le relais du constituant, afin de moderniser le statut constitutionnel de la justice
In spite of a relatively low number of written dispositions dedicated to justice inside of the body of the Constitution of October 1958 4th, the constitutional Council, while updating this text through the Declaration of Human Rights, contributed to the development of a procedural constitutional law, which is structured around guiding principles. Those principles can be classified within three different categories : two major categories depend on the trial actor that is primarily concerned, either the judge or the parties; a third and additional category pertaining to procedural protections, fosters the essential qualities of the judge and secure the protection of the parties’ rights. A gradation of the requirements of the constitutional Council is discreetly perceptible between the first two categories of principles, and more easily identifiable between those first two categories and the last one. This decreasing scale of “density” yoked to the trial guiding principles highlights a genuine judicial policy when it comes to procedural constitutional law, emphasizing access to the judge, whom is given essential qualities in order to achieve its judicial duty. However, the action of the French constitutional judge, as satisfactory as it is towards the rights of the trial, would easily support the intervention of the constituent power in order to update Justice’s constitutional status

碩士
國立臺灣海洋大學
海洋法律研究所
99
Corruption is by far the biggest obstacle to a country’s political stability, social progress, and economic prosperity. People who corrupt not only obtain illegal profits by abusing the power and rights authorized by the public, they damage the public interest and destroy the people’s trust in government. In order to enhance a country’s competitiveness, stabilize economic development, and promote the public welfare, restoring integrity and capacity to government is the most important priority. “Sunlight is the best preservative.” In order to ensure the righteous behavior of personnel in public office, end money politics, and promote the robust development of democratic politics, beginning in 1993 Taiwan has established a series of “sunlight acts.” Among them, “Act on Property Declaration by Public Servants,” is an important part of the sunlight acts. On June 15, 1993, the Legislative Yuan passed the 17 clauses of Act on Property Declaration by Public Servants in response to the public’s yearning for clean politics, and this act was implemented on September 1. It has been 17 years, and the act has undergone 4 instances of modification. However, at the current point there are many calls for it to be modified again. There are important issues such as whether the act can be modified and improved upon after years of practical operation, and whether the act truly meets its objective of “correcting political customs and assuring incorruptible action of public servants, are worthy of in-depth research and exploration. This study engages in a composite analysis of the legal and practical aspects of the Taiwan Act on Property Declaration by Public Servants, applying academic discourse and practical views to explore the act’s pros and cons. This study further summarizes the experiences of other countries in implementing laws on property declaration in order to consider improvements to the Taiwan Act on Property Declaration by Public Servants, and to provide suggestions for improvements. It is hoped that this can be used as a reference for further systematic reform and resolution of controversial issues, and help to modify the Act on Property Declaration by Public Servants and create a clean political system.

碩士
銘傳大學
都市規劃與防災學系碩士班
104
The Constitutional interpretation for Urban renewal Act was revealed by Justice of the Constitutional Court after joint case submissions of Wenlin Garden Residences in Taipei and Da-Chin Xin-Yi-Fu-Tun in New Taipei City. J.Y. Interpretation No.709 pointed out the agency’s approval for urban renewal business summaries and urban renewal business plans should duly comply with the administrative procedures as required by the Constitutional law. Hence, Urban renewal Act Article 10, Article 19 are considered unconstitutional. The urban renewal Act confronts the biggest extent amendment ever since its implementation. This study compare among versions of urban renewal Acts from Executive Yuan to Legislators’, outline and summarize background intentions behind different versions, then use In-depth interview method to further the possibility and problems in practical operations, including 1.does not establish an appropriate organization to review urban renewal business summaries; 2.fails to require the competent authority to hold hearings in public; 3. fails to ensure that interested parties be kept informed of all relevant information or have the opportunity to present their opinions in a timely manner; the required proportion of agreement needed for an urban renewal business summary application is too low and also inconsistent with the due process in administrative procedures required by the Constitution. Indeed, to enhance urban renewal business summaries and plans proportion of agreement needed guarantees the public participation profit, but it should have suitable proportion, or that will cause majority rules may have cause and effect reversed. This study argues that urban renewal should take public interests into account, to increase urban renewal area designated from the government, and give it a suitable position to strengthen Authority of Government. To expect Taiwan’s urban renewal will toward an ideal direction.

碩士
國立雲林科技大學
科技法律研究所
102
Under Taiwan's unique political and economic environment, elected representatives and public authorities at all levels of political considerations for the next election.Almost all major public works which are set up by the government departments, ranging from new roads, bridges, high-speed rail, small towns retaining wall slope , drainage ditches engineering construction; are expected to be completed before the election of all levels because of the ribbon-cutting for the declaration of a political party or individual performance considerations.It results the thinking of the management of the public authorities at all levels to pay more attention to schedule control than guality control "heavy schedule control light quality control", and emphasize the new construction more than the maintenance of it.In short,the government agencies just want that to the project has completed and digest the budget, and the contractors who just want to make money are promptly rush,finish the project in rush and are not responsible for the mentality. Staring all relevant laws and regulations from Taiwan’s engineering project life cycle,we find that not only private but the public for the "Civil Engineering" and "building works" structures stress the start of the project planning, design, contracting, construction, supervision, inspection ...however, after the completion and the use of the structures, the laws for structures quality periodic maintenance or repair regularly rule rarely contribute.It rereals indifference towards government and industry.The purpose of this study attempts to find out the concealing problems of each inquiry civil engineering and building in jurisprudence view, and take "performance improvement and maintenance of public facilities law" as the framework to try to manage and maintain the existing legal system for outstanding arrest after completion of the project at the proposed solution.And to,avoid concentrating on myself,I also consult in the study of civil law, but also did not forget to refer to the various projects of the rule of law and the doctrine of the advanced countries to learn for our reference. Period to establish "the methods of the completion of civil works and maintenance of quality management in the monograph of our administrative law system,and pave the way for the management and maintenance of laws after the completion of civil works.

碩士
國立雲林科技大學
會計系
106
The study uses “ The survey of Taiwan’s accounting firms” from Financial Supervisory Commission R.O.C. as the sample. Because the purpose of the study, I observe the sample in the period of 2001-2016 year. The study uses the translog function, dividing the performance indicator into three main business revenues to research the impact of human resources inputs on the performance indicators. Before and after the amendment of Certified Public Accountant Act on 2007 year, the empirical results of Model I and Model II indicates: (1) Every human resource input indeed has the significantly positive relation with the specific performance indicator. (2) To Big 4 accounting firms, only A&A% is significantly and positively affected by human resource inputs; to the others, only MAS% is significantly and positively affected by human resource inputs.

One of the recognised ways through which a firm may increase its market share or reorganise its presence in a market is through a merger. A merger occurs when independent firms combine their businesses. Section 12A of the Competition Act, 1998, provides two grounds in terms of which mergers must be evaluated by competition authorities. These are competition and public interest considerations. The Act is reticent on which, between the two considerations, should take precedence in the event that the two conflict. The anterior purpose of this study is therefore to provide an in-depth analysis on which consideration must take precedence in the event of conflict. On analysis, the majority of case law suggests that the competition considerations must take precedence. This observation is also buttressed by a significant amount of literature, which holds that in merger analysis, the public interests only play a secondary role to the competition inquiry.
Mercantile Law
LL.M. (Mercantile Law)

 

Whilst policy formulation has been extensively studied and theorised in the literature, far less attention has been paid until fairly recently to the issue of policy implementation. For a long time it was more or less assumed that once policy was formulated, implementation was a relatively straightforward administrative matter. In the past twenty or thirty years, however, public administration scholars (such as Pressman and Wildavsky and, in the South African context, Brynard and de Coning) have devoted more attention to unravelling the complexities of policy implementation. The current study intends to apply these more theoretical approaches to an analysis of the implementation of the 1997 White Paper for Social Welfare with particular respect to children in conflict with the law, focusing specifically on the One Stop Child Justice Centre in Mangaung, Bloemfontein. Welfare Service in South Africa before 1994 had a racial bias with services mostly unavailable to the majority of the citizens of the country. The 1997 White Paper for Social Welfare, based on a developmental approach to social welfare, was designed to take the country in a new and inclusive direction. In line with South Africa&rsquo
s 1996 ratification of the UN Convention on the Rights of the Child, as well as other international instruments, Section 4 of Chapter 8 of the White Paper focuses on crime prevention through development and restorative justice, and recommends diversion wherever possible in the case of juveniles. With respect to Juvenile justice, this section of the White Paper makes provision for the establishment of One Stop Child Justice Centres, where a variety of services, from Social Development, the Department of Justice, the South African Police Services, Correctional Services, and the NPA, would be available to clients under one roof. All of these role players, it was envisaged, would operate as a multi-disciplinary team to achieve the objectives of the White Paper with respect to developmental and restorative forms of justice. The Centre at Mangaung is one of only a few centres to have been established as yet in South Africa. Although focusing in particular on the implementation of the 1997 White Paper, the study is also informed by other policy and legislative measures with respect to juvenile justice, in particular the Child Justice Bill of 2002 (now the Child Justice Act of 2008) and the Probation Services Amendment Act of 2002. It is generally accepted by the Government and its critics alike that the policy scene in South Africa in the period since 1994 has been characterized by good policies but poor execution. This is, however, a relatively untested hypothesis and needs further investigation. In the light of this, it is anticipated, that the present study will make a contribution to the literature on policy implementation in South Africa, as well as providing useful insights and lessons that can inform general government policy in this regard, and policy with respect to juvenile justice in particular. Within the general context of the 1997 White Paper for Social Welfare and the Department of Social Development&rsquo
s Integrated Service Delivery Model, and the specific context of the Mangaung One Stop Child Justice Centre, the overall purpose of the study is to scrutinize the apparent discontinuity between policy design on the one hand and policy implementation on the other. More specifically, though, the objectives of the study are: (i) to examine the content of the 1997 White Paper for Social Welfare in general and more specifically the section on children in conflict with the law, (ii) to provide a historical overview of the delivery of services to youth in conflict with the law prior to the first democratic elections (1994) in South Africa, (iii) to examine what the concept of &lsquo
integrated service delivery&rsquo
means to the different role-players at the One Stop Child Justice Centre, (iv) to examine the existing resources (human, financial and other) for successful implementation of the policy,(v) to examine whether there are procedures in place to encourage co-operation among stakeholders at the One Stop Child Justice Centre, (vi) to examine the successes, challenges and opportunities presented by the implementation of this policy at the One Stop Child Justice Centre and, (vii) to identify gaps between policy and implementation and make recommendations towards more successful implementation. Detailed semi-structured interviews were conducted with the Centre Manager and senior representatives of all the services involved (Social Development, the SAPS, Magistrates, the Probation Service, and Prosecutors). The interview questions focus mainly on implementation issues and challenges, but also gather information on the knowledge of the interviewees on the content of the policy. In addition, in order to validate and compare the data collected from these respondents, semi-structured interviews were held with six parents/guardians of children in conflict with the law who had been serviced by the centre. Official documents of the centre, such as annual reports, were also consulted for purposes of triangulation. Detailed transcripts will be made of all the interviews. In analysing the data, use was made in particular of the 5C Protocol advocated by Brynard and De Coning (2006) in their study of policy implementation in South Africa. The five C&rsquo
s include the Content of the policy, the Context in which the policy is implemented, Commitment from those implementing the policy, the role of Clients and Coalitions, and the Capacity of those tasked with implementing the policy. In addition other C&rsquo
s which have an impact on policy implementation (such as communication, co-ordination, and change management) will also be considered. Confidentiality of data gathered and anonymity of respondents were ensured by not requiring any personal details from the survey instruments. The sole purpose of using the data gathered for research was communicated to the respondents on the front page of the survey instruments. The choice of also not answering questions raised was respected.

This thesis deals with the comparison of Polish and Czech public television system, the amendment to the media law designed by the Polish government's Law and Justice party in the years 2015 and 2016 and how this amendment reflected on the current state of Polish public television. In the comparison was used the Compliance method and four independent variables were defined: the definition of objectives and missions of public service media in Poland and the Czech Republic, the control bodies of Polish Television and Czech Television, the funding of Polish Television and Czech Television and the program offer of both televisions. Expert interviews conducted with Polish media experts personally or by telephone and media laws in both countries served as the main sources of the research. The main aim of this diploma thesis is to determine to what extent the media systems of public service televisions differ in both countries and how they are similar. The thesis focuses mainly on the relationship of political power and the media, answers the question of how political power in both countries seeks to enter into the financing and control of public media.