Co-Production of trust for effective local Governance: a case study of Nelson Mandela Bay Municipality
- Authors: Salie-Jakoet, Amina
- Date: 2018
- Subjects: Corporate governance--South Africa--Nelson Mandela Bay Municipality Economic development--South Africa--Nelson Mandela Bay Municipality , Municipal officials and employees--South Africa-- Port Elizabeth
- Language: English
- Type: Thesis , Doctoral , PhD
- Identifier: http://hdl.handle.net/10948/20308 , vital:29228
- Description: This study acknowledged that while it might be true that protests often turn violent after formal channels have been exhausted, there is an underlying problem of lack of public participation, coproduction and a general lack of trust in and within local government institutions in South Africa. The study therefore proposes that public participation in the municipal governing process is more complex than anticipated. For purposes of data collection, a mixed methods research methodology was adopted and a number of salient recommendations are provided to address the levels of trust within local government. A normative model to enhance coproduction of trust between communities and local government has been proposed. The research is scientifically worthy of distribution to the broader academic community and a number of papers both nationally and internationally have been presented from it.
- Full Text:
- Date Issued: 2018
- Authors: Salie-Jakoet, Amina
- Date: 2018
- Subjects: Corporate governance--South Africa--Nelson Mandela Bay Municipality Economic development--South Africa--Nelson Mandela Bay Municipality , Municipal officials and employees--South Africa-- Port Elizabeth
- Language: English
- Type: Thesis , Doctoral , PhD
- Identifier: http://hdl.handle.net/10948/20308 , vital:29228
- Description: This study acknowledged that while it might be true that protests often turn violent after formal channels have been exhausted, there is an underlying problem of lack of public participation, coproduction and a general lack of trust in and within local government institutions in South Africa. The study therefore proposes that public participation in the municipal governing process is more complex than anticipated. For purposes of data collection, a mixed methods research methodology was adopted and a number of salient recommendations are provided to address the levels of trust within local government. A normative model to enhance coproduction of trust between communities and local government has been proposed. The research is scientifically worthy of distribution to the broader academic community and a number of papers both nationally and internationally have been presented from it.
- Full Text:
- Date Issued: 2018
Co-production of trust for effective local governance: a case study of the Nelson Mandela Bay Municipality
- Authors: Jakoet-Salie, Amina
- Date: 2018
- Subjects: Public participation -- South Africa -- Nelson Mandela Bay Local government -- South Africa -- Nelson Mandela Bay
- Language: English
- Type: Thesis , Doctoral , PhD
- Identifier: http://hdl.handle.net/10948/20297 , vital:29227
- Description: The primary aim of this study was to establish whether co-production of public services will lead to trust in service delivery and ultimately to trust in government, with specific reference to the Nelson Mandela Bay Municipality (NMBM). Furthermore, this research investigatedthe fundamental reasons for the mistrust in government, in lieu of the ongoing service delivery protests and officials who are at times not held accountable for their actions. This study acknowledges that there is an underlying problem of lack ofpublic participation and co-production at the sphere of local government.This research is solely based on the assumption thatif co-production is non-existent or problematic and if communities lose trust in the performance of municipalities, any attempts by the government to address these challenges relating to effective governance would be ineffective.The studyprovidesan in-depth theoretical review on co-production, public participation, citizen engagement and trust, with reference to both the national and international context. The study employed both quantitative and qualitative research approaches to validate the research questions and authenticate the problem statement. The triangulation approach allowed the researcher to effectively engage the strengths of both research methodologies. The research findings from the empirical survey were statistically analysed using statistical procedures. The data analysis, derived from the qualitative research approach, involved thematic content analysis. The sample populations for the study comprised councillors selected senior officials and ward committee members. For the quantitative approach, questionnaires were employed for the councillors and the officials. Focus group interviews were conducted with ward committee members as the qualitative component of the study. The findings of the study revealed that as a result of communities’ increasing lack of trust and confidence in local government, service delivery protests are increasing.The study further indicated thatcommunities in the NMBM are generally not well informed about the development plans of the municipality and do not adequately participate in local government activities.The findings from the focus group interviewsconcluded that the working relationship between the ward councillors and ward committee members was somewhat strained and this could have a negative impact on service delivery and ultimately trust levels.Recommendations emanating from the empirical survey and focus group interviews are presented to promote public participation and co-production which essentially could lead to an increase in trust in local government. Legislative prescriptions require that communitiesshould actively participate in the decision-making processes at the local sphere of government. In this regard, a normative model is proposed to further enhance this requirement.
- Full Text:
- Date Issued: 2018
- Authors: Jakoet-Salie, Amina
- Date: 2018
- Subjects: Public participation -- South Africa -- Nelson Mandela Bay Local government -- South Africa -- Nelson Mandela Bay
- Language: English
- Type: Thesis , Doctoral , PhD
- Identifier: http://hdl.handle.net/10948/20297 , vital:29227
- Description: The primary aim of this study was to establish whether co-production of public services will lead to trust in service delivery and ultimately to trust in government, with specific reference to the Nelson Mandela Bay Municipality (NMBM). Furthermore, this research investigatedthe fundamental reasons for the mistrust in government, in lieu of the ongoing service delivery protests and officials who are at times not held accountable for their actions. This study acknowledges that there is an underlying problem of lack ofpublic participation and co-production at the sphere of local government.This research is solely based on the assumption thatif co-production is non-existent or problematic and if communities lose trust in the performance of municipalities, any attempts by the government to address these challenges relating to effective governance would be ineffective.The studyprovidesan in-depth theoretical review on co-production, public participation, citizen engagement and trust, with reference to both the national and international context. The study employed both quantitative and qualitative research approaches to validate the research questions and authenticate the problem statement. The triangulation approach allowed the researcher to effectively engage the strengths of both research methodologies. The research findings from the empirical survey were statistically analysed using statistical procedures. The data analysis, derived from the qualitative research approach, involved thematic content analysis. The sample populations for the study comprised councillors selected senior officials and ward committee members. For the quantitative approach, questionnaires were employed for the councillors and the officials. Focus group interviews were conducted with ward committee members as the qualitative component of the study. The findings of the study revealed that as a result of communities’ increasing lack of trust and confidence in local government, service delivery protests are increasing.The study further indicated thatcommunities in the NMBM are generally not well informed about the development plans of the municipality and do not adequately participate in local government activities.The findings from the focus group interviewsconcluded that the working relationship between the ward councillors and ward committee members was somewhat strained and this could have a negative impact on service delivery and ultimately trust levels.Recommendations emanating from the empirical survey and focus group interviews are presented to promote public participation and co-production which essentially could lead to an increase in trust in local government. Legislative prescriptions require that communitiesshould actively participate in the decision-making processes at the local sphere of government. In this regard, a normative model is proposed to further enhance this requirement.
- Full Text:
- Date Issued: 2018
Labour dispute resolution in Kenya: compliance with international standards and a comparison with South Africa
- Authors: Gathongo, Johana Kambo
- Date: 2018
- Subjects: Dispute resolution (Law) -- South Africa Mediation and conciliation, Industrial -- South Africa , Dispute resolution (Law) – Kenya , Mediation and conciliation, Industrial -- Kenya , Arbitration, Industrial -- South Africa , Arbitration, Industrial -- Kenya
- Language: English
- Type: Thesis , Doctoral , LLD
- Identifier: http://hdl.handle.net/10948/23980 , vital:30657
- Description: The thesis examines the effectiveness of the Kenyan labour dispute resolution system by undertaking a comparative analysis of South African and international labour standards. A comparative approach is adopted, which relies on primary and secondary sources of data, thereby undertaking an in-depth content analysis. The study provides a comprehensive discussion of the current legislative provisions and alternative dispute resolution (ADR) framework as recognised in both countries' national labour legislation as well as in a number of international labour standards instruments. In particular, the study illuminates and discusses the bottlenecks in the current Kenyan system and argues that it does not adequately respond to the needs of parties in terms of the international labour conventions. The study argues further that labour disputes should be resolved as quickly and informally as possible and at the lowest level possible. Similarly, disputes should ideally be resolved with little or no procedural technicalities, and without allowing them to drag on indefinitely. However, this study observes that there have been notable concerns in the current dual system of labour dispute resolution in Kenya. The problems include protracted referral timeframe for dismissal disputes, non-regulation of maximum timeframe for the agreed extension after 30 days conciliation period has lapsed, the absence of a statutory timeframe for appointing a conciliator/commissioner and arbitration process under both the Labour Relations Act, 2007 and the Employment Act, 2007. The study argues for Kenya to incorporate provisions in its labour laws of a proactive and expeditious dispute resolution thereby helping to resolve labour disputes in the most effective and efficient manner without necessarily having to resort to the courts. Likewise, the responsibility of resolving statutory labour disputes in Kenya is still heavily under the control of the government of Kenya through the Ministry of Labour. There is still no independent statutory dispute resolution institution (Conciliation, Mediation Commission) as envisaged by the Labour Relations Act, 2007. As a result, the Kenyan dispute resolution system has been criticised for lack of impartiality leading to the increases in strikes and lockouts. Similarly, it has made the attainment of effective and efficient labour dispute resolution difficult. In view of that, a comparative approach with South Africa is adopted with a view to informing Kenya how the establishment of independent institutions similar to the Commission for Conciliation Mediation and Arbitration, Bargaining Councils and specialised labour courts can lead to effective dispute resolution in Kenya. Given above, the study provides a wide range of remedial intervention intended to address the gaps and flaws highlighted in the study. Systematically, the study provides important suggestions and possible solutions for a better institutional framework and processes to address them. However, the study acknowledges that making effective and efficient labour dispute resolution a reality calls for renewed commitment from government and social partners and investment in appropriate human and financial resources. This requires a strong political will as well as concerted efforts from all role players in the labour relations community in the two respective countries.
- Full Text:
- Date Issued: 2018
- Authors: Gathongo, Johana Kambo
- Date: 2018
- Subjects: Dispute resolution (Law) -- South Africa Mediation and conciliation, Industrial -- South Africa , Dispute resolution (Law) – Kenya , Mediation and conciliation, Industrial -- Kenya , Arbitration, Industrial -- South Africa , Arbitration, Industrial -- Kenya
- Language: English
- Type: Thesis , Doctoral , LLD
- Identifier: http://hdl.handle.net/10948/23980 , vital:30657
- Description: The thesis examines the effectiveness of the Kenyan labour dispute resolution system by undertaking a comparative analysis of South African and international labour standards. A comparative approach is adopted, which relies on primary and secondary sources of data, thereby undertaking an in-depth content analysis. The study provides a comprehensive discussion of the current legislative provisions and alternative dispute resolution (ADR) framework as recognised in both countries' national labour legislation as well as in a number of international labour standards instruments. In particular, the study illuminates and discusses the bottlenecks in the current Kenyan system and argues that it does not adequately respond to the needs of parties in terms of the international labour conventions. The study argues further that labour disputes should be resolved as quickly and informally as possible and at the lowest level possible. Similarly, disputes should ideally be resolved with little or no procedural technicalities, and without allowing them to drag on indefinitely. However, this study observes that there have been notable concerns in the current dual system of labour dispute resolution in Kenya. The problems include protracted referral timeframe for dismissal disputes, non-regulation of maximum timeframe for the agreed extension after 30 days conciliation period has lapsed, the absence of a statutory timeframe for appointing a conciliator/commissioner and arbitration process under both the Labour Relations Act, 2007 and the Employment Act, 2007. The study argues for Kenya to incorporate provisions in its labour laws of a proactive and expeditious dispute resolution thereby helping to resolve labour disputes in the most effective and efficient manner without necessarily having to resort to the courts. Likewise, the responsibility of resolving statutory labour disputes in Kenya is still heavily under the control of the government of Kenya through the Ministry of Labour. There is still no independent statutory dispute resolution institution (Conciliation, Mediation Commission) as envisaged by the Labour Relations Act, 2007. As a result, the Kenyan dispute resolution system has been criticised for lack of impartiality leading to the increases in strikes and lockouts. Similarly, it has made the attainment of effective and efficient labour dispute resolution difficult. In view of that, a comparative approach with South Africa is adopted with a view to informing Kenya how the establishment of independent institutions similar to the Commission for Conciliation Mediation and Arbitration, Bargaining Councils and specialised labour courts can lead to effective dispute resolution in Kenya. Given above, the study provides a wide range of remedial intervention intended to address the gaps and flaws highlighted in the study. Systematically, the study provides important suggestions and possible solutions for a better institutional framework and processes to address them. However, the study acknowledges that making effective and efficient labour dispute resolution a reality calls for renewed commitment from government and social partners and investment in appropriate human and financial resources. This requires a strong political will as well as concerted efforts from all role players in the labour relations community in the two respective countries.
- Full Text:
- Date Issued: 2018
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