Private Individuals Research Articles

The ongoing battle for secure tenure for non-owners in light of Grobler v Phillips

The SCA and CC judgments in Grobler v Phillips highlight the complexity of land relations, the continued vulnerability of non-owners and the extent to which laws, which are often very progressive, are sometimes limited in their potential to give substantive rights. This is a problem that manifested because of the SCA judgment in Grobler v Phillips. Where it is held that an eviction is not just and equitable, it could prove to be highly problematic, especially in terms of what an owner is obliged to accept, and regarding the tenure security of the unlawful occupier who is not evicted. The uncertainty in the context of what happens when an eviction order cannot be granted requires urgent attention, whether you are dealing with single owners and unlawful occupiers or unlawful occupation on a large scale, the need for longer-term, more sustainable, solutions is imperative. The question of where the authority for such a solution lies, and how such rights should be constructed or developed in future, should be prioritised in the coming years. The Grobler debacle has also revealed the further questions around what can be expected of landowners in the new constitutional dispensation. More specifically, it has sparked renewed questions about the duty on private individuals in providing alternative accommodation to evicted occupiers. Although the court was vehement in its denial of any obligation on landowners to provide alternative accommodation, this article has challenged this denial especially in so far as such a conclusion does not necessarily line up with prior judgments in this regard.

The right to information about future climate regulations

ABSTRACT To realize the climate transition and other large societal transitions in a fair way, expectations should be considered. However, the literature has only focused on the claims that already existing expectations bring about, without indicating which rights there are to be actively provided with expectations. This article addresses this gap by investigating the rights of private agents, individuals and companies, to be informed about future climate regulations. It argues that private agents have an interest in being informed because this enables them to make and execute plans. Its value depends on how general the relevant regulations are and the costs of processing the information and responding to it. This interest grounds duties on the part of governments to provide information about the general directions of future policies because of their capacities to inform about the regulations they will introduce and their special responsibilities towards the agents over whom they exercise a right to rule. When future regulations are uncertain, they should provide information about the likelihood of the possible scenarios and the circumstances on which this depends and introduce an element of stability in future policies, which should be balanced with the value of flexibility.

Information as public good and public service media in Europe: Introduction to this special issue

The right to public life has been one of the most important achievements of modernity. It was a result of long and painful civil struggles for dignity in a democratic public sphere. While de jure we are all welcome in the public sphere, de facto rapid processes of fragmentation and numerous contexts of misinformation insulate the actual chances of meaningful contribution to public life. Platform users are aggressively approached as consumers of goods and services and continuously stimulated to produce large quantities of any content, just to feed the voracious platforms. The sobering truth is that many people on the private high-tech platforms do not act like true democrats, but like private individuals who pursue very personal aims. At the same time, a private person does not have a mandate to act in the public interest of the rest of the citizens. For these reasons, we turn to information as a public good and public responsibility in this special issue. It is about media as a public service that allows democracy to keep centre stage within a polity. When citizens interact with relevant public information, they build the capacity to control their political environment, to form informed opinions and act upon them. When this basic desideratum is not structurally at the core of society, one cannot even start to consider democracy as the first course of action for the generations to come. Information as a public good is not a thing of nature, but a purposeful action. We take this stance when we approach information as a public good, rather than some residual category of market failure. The scope of this special issue is to analyse and explore the resources and institutional settings that allow information to thrive as a public good in the European contemporary informational ecosystem.

ATUAÇÃO DO GESTOR PÚBLICO NO COMBATE A CORRUPÇÃO

The involvement of public officials in corrupt practices is highly detrimental to public management, as resources that should be allocated to social development are diverted, the efficiency of public services is compromised, and market competition is distorted. Preventing and combating corruption are imperative not only to protect public coffers, but also to ensurepolitical stability and sustainable economic development through state action. Society's intolerance to ethically reprehensible behavior can go beyond public administration, recognizing acts that involve only private individuals as corrupt, and it is important to reflect on strategies that aim to mitigate the effects of this endemic evil, which is corruption. The research achieved its objectives by identifying the challenges faced by public managers, highlighting the need for integrated approaches aimed at public management in order to achieve effective actions regarding the performance of public managers in the face of corruption. The role of public managers in combating corruption is a subject of great importance for public administration and civil society. The overall objective was to evaluate the performance of these managers, investigating the strategies, challenges and contributions to preventing and combating corruption. The methodology used for data collection was bibliographic research, based on the theoretical framework of literature review, selecting and analyzing articles published between 2020 and 2024, using databases that included academic platforms such as PubMed, Scopus, Web of Science and Google Scholar. The analysis of the articles revealed a variety of topics, including debates on legislation, governance practices, compliance, transparency, accountability, among others. The results highlight the complexity of the topic and the need for integrated and effective approaches to combat corruption in the public sector.

Beginnings of Polish archaeological museums in the 19th century

The first Polish archaeological museums or those with archaeological departments – institutions dealing withgathering collections, conducting research, organizing exhibitions and publishing works devoted to archaeology, as it was understood at that time – began to be established in the mid-19th century. They were created by scientific societies or on the initiative of private individuals. They were: the Museum of Antiquities of the Kraków Scientific Society, the Museum of Antiquities in Vilnius, the Museum of Polish and Slavic Antiquities in the Grand Duchy of Poznań, the Museum of the Toruń Scientific Society, the Museum of the Lubomirski Princes in Lviv and the Dzieduszycki Natural History Museum in Lviv. The article discusses the beginnings of Polish archaeological museums, their creation, the scope and shape of the collections, methods of obtaining artefacts, the headquarters and the further fate of these institutions.

Basic approaches to understanding the objectives of administrative law

On the basis of a generalization of those dominant viewpoints on objectives of administrative law that are developed within Ukrainian administrative legal science, the author determined that they are united by the recognition of the following to be objectives of administrative law: (1) specifying and ensuring the implementation of human rights and freedoms in the public-legal sphere through the introduction of mechanisms administrative legal regulation and protection in the public administration domain; (2) determination of the standards for the exercise of public management functions by administrative authorities and the provision of administrative services by them, as well as the establishment and improvement of substantive and procedural tools for activities of administrative authorities, including the means of legal protection against violations on their part as well as mechanisms of civil control over their activities. According to the outcomes of the study of approaches to understanding of the tasks of administrative law in world scientific community, the article notes that according to the national tradition of the common law countries, which was adopted by many states that represent the civil law legal tradition, the fundamental objective of administrative law is recognized to be the determination of optimal (from the point of view of the rule of law and good governance) limits of the margin of appreciation of administrative authorities and providing private individuals with legal protection against abuse of administrative power. Moreover, it is particularly noticeable that a special emphasis is placed on guaranteeing the transparency and accountability of administrative authorities to civil society. Less important is the task of administrative law, which consists in establishing the principles, substantive rules and procedures for the performance of administrative functions by government authorities, as well as the accumulation in administrative practice and judicial case-law of the potential for increasing the effectiveness of administrative law.

Сущность ревизионного производства в гражданском процессе ФРГ

The article is devoted to the essential features of revision proceedings in the German civil procedure. The author researches the correlation between the purposes of the court of revision to ensure uniformity of judicial practice and to protect the interests of private individuals. The close intertwining the two purposes and the mixed legal nature of revision proceedings are pointed out.

Financing a Revolution: The Impact of Bolívar's British Networks in the Independence of Colombia

Abstract This article explores the financial and geopolitical networks behind the independence of Gran Colombia. It shows that the failure to obtain official British government support for independence was compensated for by the development of a network of private individuals and partnerships that supplied large quantities of arms, equipment and men. A Colombian government document granting ‘Powers’ to London intermediaries was crucial to the construction of this network. We analyse who the key players were and how the network operated. By exploring the decisions and actions of merchants through the lens of risk, trust, credit and networks, we provide a fresh insight into the wider process of independence in Gran Colombia.

Doublet Collection of the Moscow Public and Rumyantsev Museums as a Source of Formation of the Library of D.V. Ulyaninsky

In the article on the basis of the analysis of the three-volume printed catalogue “Library of D.V. Ulyaninsky” (Moscow, 1912—1915) and the manuscript “Catalogue of New Acquisitions of the Library of Dimitri Vasilievich Ulyaninsky” the question of the acquisition of doublet copies from the Library of the Moscow Public and Rumyantsev Museums by a bibliophile is considered. The practice of selling books from the doublet collection of this book depository is little studied. The annual reports of the Moscow Public and Rumyantsev Museums present only data on the total amount of cash receipts under this item. The materials of D.V. Ulyaninsky allow us to examine in more detail the practice of private individuals buying copies from the doublet collection of the oldest public library in Moscow. On the basis of the studied data we can conclude that the doublet collection of the Moscow Public and Rumyantsev Museums was a valuable source of replenishment of private book collections with rare editions sold at relatively low prices.

Privacy? What’s that? Differences in privacy boundaries

PurposeWhile research on privacy concerns is rich in understanding and depth, there is still not a clear understanding of why people express having privacy concerns, but do not behave consistently with their concern. We propose that this misalignment derives from a diverse set of privacy boundaries, depending on the user. This research builds on prior Communication Privacy Management Theory research to further define individual privacy boundaries. Beyond that, we evaluate the relationship between the privacy boundaries people set, and their ability to protect themselves.Design/methodology/approachA survey was conducted to assess how private individuals find twenty items. Along with measuring the sensitivity of information, we collected responses on the Online Privacy Information Literacy test to measure differences in sensitivity based on privacy knowledge. 285 participant’s responses were evaluated using exploratory factor analysis and K-means clustering.FindingsWe identify five different groups of privacy indicators. Our findings also suggest that users have limited understanding of how to keep data private, even if they have high privacy concerns.Originality/valueWe contribute to theory by offering guidance on how to better apply theoretical understanding, based on our results. More explicitly, we offer analysis that suggests boundary conditions might be absent from current theoretical understanding. Practically, we offer guidance for understanding privacy differences, which is important to understanding how to implement privacy protection laws.

Assessment of factors influencing fuelwood utilization in Makurdi metropolis, Benue state, Nigeria

The study was conducted to assess the factors influencing the utilization of fuelwood in Makurdi metropolis due to the paucity of information on the factors in the area. Simple random sampling technique was used to select 125 people in 25 houses from five locations in the study area. Data for the study was obtained through a semi-structured questionnaire, interview, and personal observation. Field data was analyzed using descriptive, Likert scale rating and regression models. Results of analysis of field data show that seven tree species were utilized for fuelwood in the study area with Prosopis africana (34%) being the most preferred fuelwood spp utilized while Burkia africana (2.1%) was the least utilized fuelwood spp. The Multilinear regression model was selected as the best-fit model in explaining the factors influencing fuelwood utilization in the study area based on its high r2 value and low standard error estimated compared to the other three regression models. None of the socioeconomic variables investigated had a significant influence on fuelwood utilization (P > 0.05). However, age, income, family size, unit price, and availability of the commodity positively influence fuelwood utilization in the study area. The socioeconomic factors were able to explain 67% of the variation in fuelwood utilization in Makurdi Metropolis. Fuelwood is highly utilized in the area. Therefore, the conservation of the preferred fuelwood tree species in community forests and agroforestry practices should be encouraged by the Government, Non-governmental organizations (NGOs), and private individuals to enhance the sustainability of the resource.

CONCEPTUALIZING THE SUBJECTIVITY OF GLOBAL LEADERSHIP IN CONTEMPORARY INTERNATIONAL RELATIONS THEORY

This article, based on an interdisciplinary approach and structural-functional analysis tools, examines the transformation of classical forms of conceptualizing the subjectivity of global leadership in contemporary international relations theory under the influence of new global political realities. It emphasizes that the initial classical positioning of international leadership as the primacy or hegemony of a single state on the international stage is yielding to other political practices that have not yet gained normative consolidation and theoretical conceptualization. It has been identified that modern international processes demonstrate a trend towards the institutionalization of international leadership in the form of a collective subject of international relations, endowed with exceptional powers and special status. New theoretical approaches increasingly note a shift in focus from classical factors ensuring leadership in international relations by enhancing the status and leadership potential of individual actors to the formation of collegial global leadership, including the concept of global governance, which is increasingly seen as the most probable and conventionally interpreted prognostic model for the transformation of the modern world order. Contemporary international relations theory identifies several subjects of international relations, with the nation-state traditionally occupying a leading position. In recent decades, other actors have been added to the list, including international governmental and non-governmental organizations, transnational corporations, civil associations, and private individuals. The emergence of new types of international relations subjects on the international stage, combined with the increasing importance of integration associations and the growing technological potential of digital networks, alongside the practical impossibility of establishing control over them, and the transfer of certain sovereign powers from national states to international institutions, indicates that traditional methods of governance and regulation in world politics are becoming outdated, losing their relevance and effectiveness in contemporary conditions. This necessitates the formation of an institutional foundation appropriate to the modern international system. Increasingly, this foundation of world order is associated with the phenomenon of global leadership. However, attempts to conceptualize it based on classical subjects of international relations are demonstrating increasing methodological inefficiency, leading to the search for new forms of the subjectivity of global leadership on the international stage.

The role of public art has changed in recent times: a study

Public art which falls under the institutional category of visual arts primarily focuses on audience engagement and public representation. Additionally, there are other types of art in public settings that are designed for audience participation. The term Public Art means to those works of art commissioned and sponsored, monuments, memorials, and civic statues and sculpture installed in physical public domain by the Government and agencies and organization, which are especially significant within the Art World. The term is sometimes also applied to include and art which is exhibited in a public space these public art are basically symbolic, imaginary and illustrative representation on the Historical, political and cultural and civic values of the state. While speaking of public sculptures we often speak in terms of its artistic identity i.e. we always look at it and recognize merely as a piece of art only. We cannot undermine its importance in day to day social, cultural and political life. The presence of these pieces of art in any society holds a cultural recognition of that particular society. These are like the index or contents of a book that are sufficient enough to explain the entire subject matter. These public sculptures have become a part and partial of our day to day life. Since the colonial times to the modern era, in India, public art has undergone numerous changes. The institutions of public art and the public realm, media, genres, and forms of public art have all changed over time. Since the last two decades, site-specificity, public engagement, and process-based activities have been the main focuses of art in public spaces. Two types of public space can be distinguished. The first is the actual public space as a location, site, piece or thing. The second is the discursive public space, which is an abstract/conceptual area created briefly as a result of private individuals coming together to talk about or share important and light-hearted subjects. According to Habermas, this discursive space is the public sphere, which includes gatherings and encounters of people in public places like coffee shops, streets, community centers, and parks.

Self-help and spontaneous heroism in urban service delivery in Ghana’s informal neighbourhoods: a case study of Moshie Zongo

ABSTRACT The delivery of urban services and facilities is the primary responsibility of both local and central governments to facilitate the day-to-day activities of urban dwellers. However, the financial incapacity, coupled with general institutional constraints, hinders the efficient and adequate provision of all relevant infrastructure facilities needed by urban dwellers, particularly, in informal neighbourhoods. In response, self-help initiatives and spontaneous activities of some actors have emerged to bridge the gap and at best, complement the government’s development efforts. Utilising a mixed-method approach, the study relied on both quantitative and qualitative data from 374 randomly selected households as well as key informants from relevant institutions to explore the dynamism of self-help initiatives. The study specifically relies on the delivery of waste management and water supply services to evaluate and understand self-help initiatives in Moshie Zongo, an informal community in Kumasi City. From the analysis, the tricycle waste collectors (Aboboya) through the self-help initiative collect about 80%−90% of the solid waste generated in the area which is also preferred by about 80% of the community dwellers. Moreover, about 60% of the sources of water are owned by private individuals. Again, the Wastes Department of KMA, through Build Operate and Transfer (BOT) and Renovate, Operate, and Transfer (ROT) has helped to provide and renovate new and existing toilet facilities to ensure the provision and management of liquid waste in informal settlements. The study proposes effective and efficient monitoring, coordination, and regulation to enhance this initiative in the delivery of urban infrastructure and services.

Evaluation and implication of noise and vibration levels to the operators and proxy population around selected block molding industries in Ibadan, Nigeria

Introduction: Block-making industries owned by private individuals are cited in cities to utilize the existing market opportunity of supplying concrete blocks to developers. The study aimed to measure noise and vibration levels at selected block-molding industries and assess their health implications. Methods: The study design involves twenty-five block molding industries randomly selected in the Ibadan metropolis. These industries voluntarily agreed to participate in the research, and measurements were done between January and May 2022. The noise and vibration levels were measured using a digital multi-function environmental meter, Model DT-8820, and a vibration meter, Model VM-6360, respectively. Results: An overall mean noise level of 101.81 dB(A), 85.62 dB(A), 76.40 dB(A), 70.21 dB(A), 65.91 dB(A), and 63.61 dB(A) at 0, 10, 20, 30, 40 m, respectively, away from the source to residential buildings were obtained. Results indicate that the noise level at 0 m and 10 m exceeded the occupational noise level standard. The results obtained for the vibration levels on the hand of the operators ranged from 42.2 ms-2 to 59.7 ms-2 and these exceeded the occupational vibration level standard. This may indicate that the operators of the block-moulding machine may be exposed to various adverse health detriments due to high noise and vibration levels at their workplace. Conclusion: The study recommends using safety gadgets such as hearing protection and anti-vibration gloves for workers in these industries. Moreover, environmental education and awareness should be carried out, and residential structures should be situated at least 20 meters from the block industries.

Control proceedings as a non-sue procedure of administrative jurisdiction

In accordance with Part 1 of Art. 12 of the Code of Administrative Proceedings of Ukraine, administrative proceedings are carried out in the order of legal proceedings (general or simplified), which, among other things, are used to consider some appeals by subjects of power due to the requirement established by law to confirm powers before their implementation. There is no special judicial procedure for consideration of such appeals by the Code of Administrative Proceedings of Ukraine. The paper argued the need for a legislative definition of the non-suitable procedure of administrative proceedings and proposed "control proceedings" as a model for its implementation. It is noted that administrative proceedings may not have a single procedure for its implementation and should be reflected in various procedures, and development of legislation in this area should be directed to the implementation of effective judicial protection mechanisms that would be relevant to today's challenges. According to the proposed model of control proceedings, the subject of power will have the procedural status of the applicant, and the person whose rights, freedoms and legitimate interests may be restricted/violated will have the status of a private person. It is in the control proceedings that the principle of official clarification of all the circumstances of the case can manifest itself most fully. The expediency of the legislative change in the procedure for considering cases of administrative offenses, which are currently considered by the courts according to the rules established by the Code of Administrative Offenses, is argued, and the use of control proceedings for the consideration and resolution of such cases is proposed, in which the subject of authority, after drawing up a protocol on the commission of an administrative offense by a person, will turn to of the administrative court with a statement confirming the authority to apply the corresponding administrative penalty, and the administrative court will consider such a statement according to the rules established by the Administrative Court. Emphasis is placed on changing the functions of the court from "punitive" to controlling. It has been proven that the implementation of control proceedings as a non-suitable procedure of administrative proceedings will have a positive effect on the level of protection of the rights, freedoms and legitimate interests of private individuals, will contribute to the building of public trust in the state, and will lead to the development of administrative justice in particular and justice in general.

Water, Sanitation and Hygiene Services in Healthcare Facilities in Bayelsa State Nigeria: A Primordial Prevention Strategy for Infectious Disease Control

Lack or inadequate Water, Sanitation and Hygiene (WASH) in Healthcare Facilities (HCF) have been reported severally as having an impact on the transmission of infectious diseases or outbreak of infectious diseases in a healthcare setting. The study conducted in Bayelsa State, South-South of Nigeria was an institutional-based survey that utilized observational checklist and a key-informant interview for data collection. Eleven (11) HCFs comprising of 6(54.5%) primary healthcare facilities and 5(45.5%) secondary healthcare facilities was used for this study. While 8(72.7%) of the HCFs were owned by the Government 3(27.3%) were owned by private individuals and faith-based organizations. All HCF had tap water drawn from borehole as their main source of water supply but only 4(36.4%) have alternative source of water supply. All water supplies were within the HCFs and are less than 500 m from the point of care. Only 1(9.1%) out of 11 HCFs surveyed lacked water at the time of assessment. The type of toilet present in all the HCFs is the flush (water system) and they are all within the HCF premises. Over ninety percent (90.9%) of the HCFs had no toilet designed for those with limited mobility. Wash hand basins for hand hygiene were found to be available in all the HCFs except 1(9.1%). Four (4) (36.4%) of the HCFs had separate bins for the different categories of healthcare wastes while 7(63.6%) had not. There were posters of handwashing and disease prevention in 6(54.5%) of the HCFs. In all the HCFs, there was no WASH monitoring team. The study therefore advocates for WASH monitoring team and focal persons in all the HCFs to ensure adequate provision of WASH services. The study equally recommends further study involving more HCFs and assessing the constraints militating against the provision, use and maintenance of WASH infrastructures at HCFs in Bayelsa State.

Eksistensi Ombudsman RI Perwakilan Sumatera Barat dalam Pencegahan Maladministrasi Sebagai Bentuk Pengawasan Terhadap Penyelenggaraan Pelayanan Publik

To carry out public services and all activities carried out by state administrators, a state institution is needed that functions and is tasked with supervising the running of public services and state administrators. All forms of complaints and aspirations complained by citizens were all accommodated so that a state ombudsman institution was formed. The Ombudsman of the Republic of Indonesia itself is a state institution that oversees the implementation of public services and maladministration is included in its authority. Supervision is carried out including those carried out by BUMN, BUMD, State-Owned Legal Entities, and private bodies or individuals whose task is to carry out certain public services, all or part of whose funds come from the APBN/APBD. The data that has been obtained comes from a literature review which is then analyzed using content analysis techniques. Human behavior can be studied indirectly by researchers by observing interactions through various media sourced from online news, newspapers, textbooks, journals, and various other types of communication that can be analyzed.

Promoting culture and creativity in Ghana: bottom-up strategies for creative industries development

ABSTRACT The neoliberal turn in the cultural and creative industries has led to two distinct bodies of work. Global North scholars focus on the tension between the emphasis on the creative industries as an engine of growth and the unequal access to the means of cultural production and consumption that neoliberalism presents. Global South scholars face a different reality; the increasing inability of governments to provide institutional support, particularly finance, for growing these industries. This article documents grassroots alternatives to financial support from the state for growing a cultural and creative industry in the global South. Drawing on data generated from multiple sources about the work of two private institutions in Ghana, this article shows how private institutions and individuals can fundamentally shape the creative and cultural industries in ways that allow them to make their mark globally, even in the absence of financial support from the government.

Formal Legal Approach to Defining the Concept of “Social Security”

Currently, in the science of social security law, a generally accepted definition of the concept of “social security” has not been developed. Analysis of existing definitions makes it possible to distinguish several semantic elements: 1) social security is an activity to provide material goods in cash or in kind; 2) these material goods are provided only to individuals; 3) material goods are provided in the event of circumstances recognized as socially respectful.These semantic elements are present in all definitions. At the same time, not all definitions clearly reflect who provides material goods through which sources. Two points of view can be distinguished on this issue: (1) Social security is provided by the State from the State budget and extrabudgetary funds; 2) social security is carried out not only by the state, but also by private individuals at the expense of private funds.The article justifies that the first point of view is correct. Social security is the provision on the basis of the law of material goods by the state at the expense of the budget and extrabudgetary funds. This activity is subject to social security law.Material security provided by an individual at the expense of his own funds on the basis of a contract is a charitable activity that is regulated by civil law. The material security that the employer, on the basis of a collective agreement, provides at its own expense to the employee and his family members is a relationship closely related to labor relations and is regulated by labor law.