Spheres Of Government Research Articles

COVID-19 and state coordinated responses in South Africa’s emerging developmental state

ABSTRACT It is no longer debatable that the socio-economic impact of COVID-19 caused a resurgence in the role of the state and propelled the need for novel responses reinforced by the structural component of the state. The structural component of the state refers to the administrative power, resources and capacity of the state to mitigate the impact of the pandemic in the context of COVID-19. This paper explores the relationship between the central and local states in coordinating efforts to attenuate and respond to the pandemic, and the meaning of state-led responses for South Africa’s developmental state ambition. The South African government demonstrated political willingness to utilize its structural component by distributing its administrative capacity, resources and power to all the spheres of government to fight the pandemic through its stimulus package. The country’s pandemic responses reveal good implications for strengthening institutional arrangements and consolidating a well-coordinated and capable developmental state.

Evaluating stakeholder influences on the land use application process in South Africa – Results from an analysis of the legal framework

The fact that geospatial data is a vital international and national resource is gaining increased acceptance worldwide. However, proper management of fundamental geospatial datasets, like land use, determines how well this resource can serve the goals of sustainable development, e.g. achieving inclusive and sustainable urbanization through informed decisions based on up-to-date land use data. Land use data describes the rights to utilize land in accordance with the legal zoning thereof. Allocation of land use rights must align with and give effect to national, provincial and local spatial plans, which means multiple stakeholders are involved in land use regulation. The purpose of this study was to identify and classify the network of stakeholders involved in the land use application process, which results in allocated land use rights. This was done by analysing the South African legal framework for spatial planning and land use management, and to evaluate their a priori influence on this process and on land use data. The results of the stakeholder network analysis can guide the identification of (a) suitable custodian(s) for this fundamental geospatial dataset in the context of the South African Spatial Data Infrastructure (SASDI). Within the SASDI, custodianship is used to ensure availability of good quality geospatial data to empower governments in their planning and decision-making. The average influence of each stakeholder, and as a result their impact on the land use data, was determined based on a classification of roles and responsibilities in the land use application process. The average influence was computed for each sphere of government. The provincial sphere had the highest influence, even though the local sphere has the mandate to allocate land use rights. The national sphere is mainly responsible for strategic direction and implementation support and thus had a significantly lower influence. Based on the results, shared custodianship of land use data in South Africa is recommended among a legislative custodian, coordinating custodians and data custodians. Further research will involve stakeholder representatives to verify the results and to establish multi-stakeholder custodianship roles and responsibilities.

The Challenge of Democratic Governance - Awareness of the Municipal Population about the Essence and Functions of Local Self-Government

There are various mechanisms to ensure the involvement of citizens in the implementation process of local self-government, although it is obvious that initially the awareness of citizens about the essence, goals and functions of local self-government should be studied, and also it should be clarified how they see their own role in the implementation of self-governance. This article is based on the analysis of empirical sociological research data of 2018.The aim of the sociological research was to study the awareness of regional population about processes taking place in the sphere of local government. The article higlited that indicator of awareness about local government hasn’t significantly improved.

Areas for development of corporate governance in Russia with regard to the escalation of international tension

Subject. The article investigates approaches to corporate governance in Russia in the context of international tensions. Objectives. The aim is to analyze policy of the Bank of Russia in the sphere of corporate governance. Methods. We employ general scientific research methods. Results. We performed an analysis of scientific and practical approaches to corporate governance, considered problems related to transparency of corporate governance. Conclusions. In the face of sanctions, Russian companies should strike a balance between the non-disclosure of important information about shareholders and top managers and the need to comply with corporate governance standards.

DISASTER MANAGEMENT IN SOUTH AFRICA’S INFORMAL SETTLEMENTS: POLICY, PRACTICE AND COVID-19 IMPLICATIONS

The rise of informal settlements in the global south during the latter part of the twentieth century led to the role of disaster management being recognized as a crucial aspect of urban planning. As a result of this, the United Nations called for all the world’s governments to develop and integrate proactive and preventative disaster management policies into their respective countries’ development plans while integrating informal settlements in their urban planning initiatives in a bid to create inclusive cities. South Africa, being one of the countries that are heavily impacted by informal settlements, was swift to embrace these international recommendations, especially from a policy making perspective. The implementation of these policies has however been overshadowed by lacklustre government performance with respect to reducing the disaster risks associated with informal settlements or the inclusion of these areas in urban development. (hazards and lack of services aggravating disaster vulnerability) This article, therefore, explores the policy-practice realities that have given birth to the challenges faced by South Africa’s post-apartheid disaster management initiatives, especially with regard to the disaster vulnerability of informal settlement dwellers. By assessing how international best practice recommendations have influenced the country’s disaster management policy, the article proceeds to analyse the implementation inadequacies that have induced the existing policy-practice disjuncture, and the resultant safety and socio-economic concerns that arise for the country’s informal settlement dwellers. Also, with the outbreak of the Covid-19 pandemic triggering a state of national disaster in the country, the article analyses the aggravated vulnerability of contacting and spreading of the virus amongst informal settlement residents, along with the socio-economic implications that the national lockdown restrictions have had on these areas. The findings of this article suggest that, although South Africa’s disaster management policy and legislation has comprehensively developed the necessary guidelines for all the spheres of government to play their respective roles in the country’s disaster reduction and recovery initiatives, Information from the government’s databases suggests that the implementation of risk preventative disaster management approaches has been extremely sporadic in informal settlements, despite these areas accounting for 75 per cent of where the country’s disasters events take place. Findings also suggest that South Africa’s informal settlement dwellers have been the hardest hit by the Covid-19 disaster, intensifying the levels of exclusion in these areas.

Integration of Islamic Management Principles and Values according to the Qurʾan and Hadith in Fostering Halal Governance in Malaysia

Abstract Since the 1970s, Malaysia has been experiencing excellent and smooth development and reform of Halal governance year after year. Halal stakeholders in the country such as government agencies, consumers and industry players perform their roles well in implementing, improving, and supporting the Halal ecosystem and Halal governance towards a better position. The current shaping of Malaysian Halal governance has the nature and elements of federalism and public administration of the country. However, this paper seeks to explore the Islamic management principles and values in the Qurʾan and Hadith, which can be part and parcel in strengthening the nation’s Halal governance paradigm. In the discovery, this study conducts a qualitative method through library research of journal articles, books, and other relevant materials in gathering the systematic review of concepts and theories of Islamic management according to the Qurʾan and Hadith. On the bright side, Islamic management principles and values promote excellent strategies which suit the Halal governance sphere and environment. Adoption of the Islamic management concept is a right shift in the sight of Halal governance melioration in Malaysia to reach the status of the most efficient Halal global leader.

Artificial Intelligence and Effective Governance: Legal Framework

Artificial intelligence (AI) use in the state governance structures is obviously on the rise. Cognitive technologies have potential to transform the government sector — by reducing expenses, mundane chores, coping with resource limitations, making more accurate projections, and implementing AI into an array of organizational processes and systems. Methods. General research methods: analysis, synthesis, logical method were employed to study certain concepts and legal categories and their interrelations (artificial intelligence, artificial intelligence technologies, governance system, machine-readable law, digital state, automated decision-making, etc.) and develop insights into public relations amid proactive use of artificial intelligence systems and technologies in the governance system. Comparative legal research method was used to discern dynamics and further trends in legal relations, as well as to compare approaches of foreign countries to regulating AI systems and technologies. Prognostic method was applied to project the future of the Russian legislation as concerns building effective legal framework to regulate AI systems and technologies in the governance system. Technical legal (dogmatic) method helped develop legal foundation for the use of technologies and AI systems in the governance sphere. The analysis showed promising theoretical and practical avenues of modern law development in the aspect of artificial intelligence: the concept of artificial intelligence within the conceptual legal framework was described; legal regulation of administrative processes and its specifics were defined; ethics and principles of artificial intelligence application in governance were stressed, which involves restrictions of AI use in automated decision-making; stipulating the status of informed consent in the legislation in case an automated decision is made; the procedure which allows prohibiting the use of automated decision was established, as well as the procedure of AI risk assessment in the governance system, ensuring proper data protection and independent security monitoring.

Управление Интернетом в повестке БРИКС

The key features of the modern Internet governance system are its decentralized structure, inhomogeneous internal “geography,” and the diverse nature of its decision-making actors. These factors determine the complexity of the decision-making process on Internet governance-related issues. Under these conditions, the BRICS group of Brazil, Russia, India, China, and South Africa is viewed as a suitable platform to establish a common ground and align the interests of the participating countries on five key spheres of Internet governance: infrastructure development, legal matters, economic issues, development, and social and cultural perspectives. The goal of this article is to study BRICS’ approach to Internet governance. The study presents an analysis of the BRICS countries’ priorities regarding Internet governance and incorporates a panel data on BRICS’ commitments and decisions regarding the issue. Several conclusions on the BRICS approach to Internet governance were drawn: the most prominent sphere for BRICS cooperation is digital infrastructure development; considerable discrepancies exist among the BRICS states regarding managing Internet content that contribute to a lack of concrete decisions on social and cultural aspects of Internet governance; there is a step-by-step convergence of the BRICS counterterrorism and counter-extremism agenda with a broader issue of cybersecurity. The author assumes that the infrastructure component dominates the BRICS Internet governance discussion due to China’s influence, which gives it the potential to be one of the key players and agenda-setters within BRICS, along with Russia. Steady incorporation of the counterterrorism and counter-extremism agenda into the cybersecurity discussion is strongly supported by Russia, in keeping with its declared national priorities regarding Internet governance. In the author’s opinion, it would be problematic for BRICS to reach a collective decision regarding Internet content governance given the conflict of interests among the participating countries revealed by this analysis.

Управление Интернетом в повестке БРИКС

The key features of the modern Internet governance system are its decentralized structure, inhomogeneous internal “geography,” and the diverse nature of its decision-making actors. These factors determine the complexity of the decision-making process on Internet governance-related issues. Under these conditions, the BRICS group of Brazil, Russia, India, China, and South Africa is viewed as a suitable platform to establish a common ground and align the interests of the participating countries on five key spheres of Internet governance: infrastructure development, legal matters, economic issues, development, and social and cultural perspectives. The goal of this article is to study BRICS’ approach to Internet governance. The study presents an analysis of the BRICS countries’ priorities regarding Internet governance and incorporates a panel data on BRICS’ commitments and decisions regarding the issue. Several conclusions on the BRICS approach to Internet governance were drawn: the most prominent sphere for BRICS cooperation is digital infrastructure development; considerable discrepancies exist among the BRICS states regarding managing Internet content that contribute to a lack of concrete decisions on social and cultural aspects of Internet governance; there is a step-by-step convergence of the BRICS counterterrorism and counter-extremism agenda with a broader issue of cybersecurity. The author assumes that the infrastructure component dominates the BRICS Internet governance discussion due to China’s influence, which gives it the potential to be one of the key players and agenda-setters within BRICS, along with Russia. Steady incorporation of the counterterrorism and counter-extremism agenda into the cybersecurity discussion is strongly supported by Russia, in keeping with its declared national priorities regarding Internet governance. In the author’s opinion, it would be problematic for BRICS to reach a collective decision regarding Internet content governance given the conflict of interests among the participating countries revealed by this analysis.

The Imperial Power and Russian Society in the First Quarter of the XVIII Century: The Problem of Gaining Trust

The article analyzes the process of changes in the sphere of state and local government during the first quarter of the XVIII century. Considering the features of the city government reform, the introduction of new institutions and procedures in the field of management, the author concludes that during this period the boundaries of trust between the tsarist/imperial authorities and persons involved in process of management were changed. As a result of a deliberate rejection of the aristocratic model of public service, a significant number of representatives of the urban and noble classes were involved in the process of management. The author used problem-chronological, historical-typological, historical-critical methods, as well as the method of content analysis. It is concluded that although many innovations of the first quarter of the XVIII century were not of a long-term nature, they served as the basis for subsequent transformations of the second half of the XVIII century.

Parole, parole boards and the institutional dilemmas of contemporary prison release

The decision to release is a defining feature of the carceral experience: at once a necessary function of a dynamic penal system, and a highly contested form of symbolic communication where the anxieties and contradictions of contemporary penality begin to coalesce. In this paper I argue that the institutions we rely upon to make these determinations in a fair, consistent and efficient manner are under increasing strain. Drawing upon insights from historical institutionalism, I seek to show that the parole board model of discretionary decision-making that first emerged during the highwater mark of mid-twentieth century penal modernism has proved remarkably resilient to reform, but is slowly fracturing into a more complex, multi-layered prison release landscape. I explore the implications of this gradual historical transformation and conclude this paper with a call for new ways of thinking about prison release as an increasingly interconnected sphere of penal governance.

Aboriginal Community Co-Design and Co-Build—Far More than a House

There is urgent need for a new model to address the housing crisis in remote Australian Indigenous communities. Decades of major government expenditure have not significantly improved the endemic problems, which include homelessness, overcrowding, substandard dwellings, and unemployment. Between 2017–2020, Foundation for Indigenous Sustainable Health (FISH) worked with the remote Kimberley Aboriginal community, Bawoorrooga, by facilitating the co-design and co-build of a culturally and climatically appropriate home with community members. This housing model incorporates a program of education, health, governance, justice system programs, and land tenure reforms. Build features incorporate sustainable local/recycled materials and earth construction, and ‘Solar Passive Design’. The project faced challenges, including limited funding, extreme climate and remoteness, cultural barriers, and mental health issues. Nevertheless, the program was ultimately successful, producing a house which is culturally designed, climatically/thermally effective, comparatively cheap to build, and efficient to run. The project produced improvements in mental health, schooling outcomes, reduced youth incarceration, and other spheres of community development, including enterprise and community governance. Co-design and co-build projects are slower and more complex than the conventional model of external contracting, but the outcomes can be far superior across broad areas of social and emotional wellbeing, house quality and comfort, energy consumption, long-term maintenance, community physical and mental health, pride, and ownership. These factors are essential in breaking intergenerational cycles of poverty, trauma, and engagement with the justice system. This paper provides a narrative case study of the project and outlines the core principles applied and the lessons learned.

Concurrent national and provincial legislative competence: Rethinking the relationship between nature reserves and national parks

The teleology of concurrent national and provincial legislative competence in South Africa's Constitution has not been adequately investigated, particularly from the perspective of nature conservation and the establishment of protected areas. It is, therefore, questioned whether the concurrent nature conservation competence awarded to the national sphere of government should be equivalent to that awarded to the provinces, or if it precludes the national government from having a greater status than the provinces. It is further questioned whether the provisions of the National Environmental Management: Protected Areas Act (NEMPAA) accurately reflect the constitutional weighting, if any, granted to these two spheres of government by this provision. It is concluded that the concurrent national and provincial legislative competence in respect of nature conservation is most likely to be, at least, equally balanced between the two spheres of government. Contrary to this finding, it is noted that the NEMPAA grants national parks a significantly higher conservation status than nature reserves by diminishing the status and scope the provinces had prior to the promulgation of the Act. It is further concluded that, in this instance, provisions of the NEMPAA are most likely to be unconstitutional. It is recommended that these two kinds of protected areas be consolidated into one category or critically evaluated to correct potentially incorrect categorisation. It is also recommended that the NEMPAA be substantially revised to correct a number of anomalies and illogical provisions.

A conceptual model for marine oil spills management in South Africa

PurposeTraditionally, management of disasters, particularly those emanating from environmental hazards, have been reactive with efforts focussed on technical response issues. Drawing from incident command system (ICS) theory, this paper proposes a conceptual model for managing marine oil spills in South Africa.Design/methodology/approachA qualitative biased sequential mixed-based research method was applied for this study. The technical processes undertaken in instituting a incident management system (IMS) for marine oil spills through Operation Phakisa Oil and Gas initiative were observed from November 2016 to November 2019. Preliminary findings were subsequently explored quantitatively in 54 semi-structured questionnaires conducted with experts in the marine pollution environment.FindingsFindings presented in this paper demonstrate an integrative coordination continuum with a stringent focus on coherent multi-stakeholders' incident management collaborations. Qualitative findings stipulated limitations to the efficient application of oil spill risk minimisation policies, especially in the provincial and local spheres of government. Quantitative findings established that some local municipalities have mainstreamed and have budgets for inter-organisational planning and preparedness. Regardless, several informants continue to perceive disaster risk management and offshore-related activities as “unfunded mandates”, especially where response operation and sustainable rehabilitation programmes are concerned.Originality/valueIn integrating the organisational theory and the incident command tools, the value of this study dwells in recommending a conceptual model that mainstreams inter- and intra-organisational planning, preparedness and response to the marine oil spill risk. The model is valuable because it focusses beyond the traditional emergency response tool but is fundamental in effecting adherence to reporting lines, performance standards and information integration.

BALANCE BETWEEN BIOMASS SUPPLY AND DEMAND IN THE RED CERAMICS SECTOR OF RIO GRANDE DO NORTE, BRAZIL

Illegal deforestation in Caatinga sometimes corresponds to supplying the local energy demand, even though legalized firewood options are available on the market. Studies show that the red ceramic industry is the largest consumer of firewood in Rio Grande do Norte (RN), Brazil. Considering the firewood from the Sustainable Forest Management Plans as a viable alternative to supplying this sector, the objective was to analyze the current offer of forest biomass in RN, in line with the demand for this resource in the industry of red ceramics. The number, area and volume of the current management plans were obtained by the agency responsible for state forest management. The Annual Operational Plans were analyzed to acquire the amount of wood available in one year. The survey found 22 sustainable management plans with authorization for exploration valid for the year of 2019, distributed in 20 cities in the state, adding up to an area of 988.99 hectares. A current supply of available firewood for the energy of 26,223.13 tMS.year -1 was calculated. It is noticed that the supply of firewood from the management plans meets only 5.5% of the energy demand in the state ceramics sector. In contrast, the potential supply of firewood available in Caatinga remnants of the state exceeds the sector's demand by more than six times. It is concluded that there is a need for reinforcement in the governmental sphere, to propose measures that stimulate the use of the forest resource in a legalized manner in proportion to the current consumption.

The International Labour Organisation as nodal player on the pitch of networked governance: Shifting the goalposts for migrant workers in Qatar

This article assesses the role of the International Labour Organisation (ILO) as a player within the multi-actor sphere of global migration governance. The aim is to analyse the ILO’s leadership within this sphere that is characterised by shifting dynamics between rules-based and rights-based approaches as a result of the multiplication of actors and, given its normative predisposition, the effects on the ILO’s ability to advance migrant workers’ labour rights. The article is premised on the assumption that the promotion of a rights-based approach to labour migration via the ILO’s decent work agenda depends upon the presence of effective and proactive governing institutions as well as appropriate regulation. Contemporary scholarship highlights the importance of organisational networks across multiple sites and levels of policy making in order to achieve change. The situation of the highly precarious migrant workforce involved in the construction of the physical infrastructure for the Football World Cup 2022 in Qatar demonstrates the particular challenges posed by an unfavourable institutional environment. This leads to the argument that stratified organisational networks at the intersection of various institutional nodes are required to keep shifting the goalpost – and the ILO is one such node. The conception of global governance as nodal provides an understanding of how such networks can generate multi-directional and concerted action across various organisational actors and over time, contributing to the advancement of migrants’ labour rights.

The contemporary challenges municipalities face in effectively implementing municipal service partnerships

In South Africa, Municipal Service Partnerships (MSPs) have been in existence afore the global breakout of COVID-19 Pandemic as an essential mechanism to expand and accelerate municipal service delivery in the local government sphere. However, once the National Lockdown (NL) was put in place by the state president Cyril Ramaphosa on the 26 of March 2020, many South African municipalities were and still are pushed to look for assistance from their partners in the private sector in order to help with addressing the challenges, imposed by the pandemic, especially, service delivery backlogs. Municipalities are entering into service contracts with the private sector for the provision of basic services that are deemed essential in terms of the National Lockdown Regulations (NLRs). In curbing the spread of the virus in the communities, municipalities extended their effort by commonly cooperating with private partners. For instance, most municipalities went to an extend of collaborating with private partners and other government agencies like Rand Water for the provision of water and water tanks at different schools and communities across the provinces and Personal Protective Equipment (PPE), namely masks and hand sanitisers. Methodologically, this is a conceptual paper that is embedded from secondary data. The secondary data was analysed through the Critical Discourse Analysis (CDA) approach. The article argues that South African municipalities and their MSPs are faced with huge challenges more than ever. It also argues that private partners have been long-standing with a commitment to serve communities on behalf of the government and that now includes partnering with the government in the fight against the COVID-19 pandemic. The call by President Ramaphosa has been noted for increased partnerships, solidarity, collaboration and the sharing of knowledge and experience to fight the pandemic, poverty, service delivery backlogs and social injustice. The paper concludes by offering feasible solutions to curb the challenges, faced by MSPs and service delivery backlogs.

Exclusive breastfeeding in a context of intimate partner violence in Brazil

The study aim was to identify the experience of exclusive breastfeeding and its relationship with the situation of intimate partner violence from a qualitative approach. The study was carried out in a maternity hospital located in Brazil. The participants were 21 puerperal women, who were in a situation of intimate partner violence in the puerperium and who had at least 180 days postpartum. The quantitative data (the women's sociodemographic, economic, family, and obstetric status) were used for describing the participants. Whereas, the qualitative data were collected through an open interview and recorded in a single moment, they reflected on the experience of breastfeeding in situations of violence by their intimate partners. The qualitative data was treated using the Method of Sense Interpretation; and Male Domination and Symbolic Power, by Pierre Bourdieu, were the theoretical frameworks chosen to discuss the concept of gender in social relationships. Most of the participants were young, black/brown-skinned, had a mean of 10 years of study, all suffered some type of violence by their partners during postpartum, and only one woman followed exclusive breastfeeding until six months. The central category, entitled: “Intimate partner violence and its repercussions on the experience of exclusive breastfeeding”, identified that intimate partner violence impacted in maintaining exclusive breastfeeding, interruption of latching, in addition to affecting the relationship between mother and child. The originality of the theme must be discussed in the academic, practical, governmental, and research spheres in order to strengthen the notification and confrontation of violence and to advocate for exclusive breastfeeding even in adverse contexts.

Aligning SDG 13 with South Africa's development agenda: Adaptation policies and institutional frameworks.

The alignment of the Sustainable Development Goals (SDGs) with national development agendas has gained traction since the ratification of the 2030 Agenda for Sustainable Development in September 2015. This article investigates how South Africa has aligned the climate action SDG (SDG 13) with its national development agenda, with an emphasis on adaptation policies and institutional framework. This comes against a background where the country has been accused of bias towards mitigation policies that were trigged by the Long-Term Mitigation Scenarios in 2007, which could have quickened mitigation responses to SDG 13. The data were generated through the use of three key methods, namely key informant interviews (n = 21), an online survey uploaded on an online platform called QuestionPro and a realised sample of 103 completed surveys. Furthermore, relevant policy documents were analysed from a critical discourse perspective. It emerged that South Africa has policies and strategies in place to respond to climate change adaptation within the context of SDG 13. However, while policies are in place, they have not translated to real change on the ground and therefore have not enabled the country to have adequate climate change resilience. The policies have not been translated into concrete actions; there are knowledge gaps in adaptation, poor leadership and lack of clear vision for adaptation and poor coordination. Institutions are scattered, with uneven capacity across sectors and different spheres of government; and weakest at the local government level. It also emerged that mitigation was prioritised for a while over adaptation, with a lack of funding and general awareness. The study recommends that adaptation measures should not be undertaken in isolation, instead, it should be addressed within the context of other programmes such as disaster risk management and sustainable development.

Criminalization of LGBTphobia in Brazil: A Comparison of Homosexual Men’s and Heterosexual Men’s Conceptions

ABSTRACT LGBTphobia is a characteristic of Brazil when data on this type of violence are analyzed. For a long time, this theme was neglected at many social levels, including the legal and governmental spheres. A response to the violence experienced by Brazilian LGBT+ people has been tried many times through specific laws, however, only after many years did this advance happen. Then, Brazil became the 43rd country to criminalize LGBTphobia. Even with such progress, LGBTphobia rates in Brazil continued to be alarming, constituting a social, health and legal issue. In view of these factors, this study sought to analyze the social conceptions about criminalization among Brazilian homosexual men and heterosexual men. Based on the analysis performed, contrasting differences were noted between the two groups. It is expected that this study can provide technical and scientific data to possible interventions on the problems exposed.