Research Publications (Management Sciences)
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Item Political leadership, corruption, and the crisis of governance in Africa : a discourse(Adonis and Abbey Publishers, 2021-03-15) Fagbadebo, Omololu; Dorasamy, NirmalaCorruption is a common word often identified by scholars as a major barrier to growth and development. Every society condemns corrupt practices and often holds the leadership responsible. Across the globe, there are anti-corruption advocacy mechanisms aimed at promoting ethical leadership in government. The African Union, for instance, has adopted a series of continental anti-corruption protocols to assist member states curb the rising tide of corruption and its consequences on human security. Using a qualitative method of data collection and analysis, this paper interrogates the leadership-corruption nexus in relation to the prevailing crisis of governance in Africa. It argues that the nature of political leadership in Africa engenders the proclivity towards abuse of power. We find that entrenched vested interests of the political elite have promoted corruption and abuse of power as the instruments of governance, and has reduced requisite statutory institutional oversight structures, to ineffective mechanisms. While the crisis of governance dominates society with the attendant consequences, the political elite lives in opulence. The paper submits, therefore, that the crisis of governance occasioned by mismanagement of public resources by political leadership will continue to fester if citizens continue to support unethical practices by the political leaders.Item Judicial review as an accountability mechanism in South Africa : a discourse on the Nkandla case(Durban University of Technology, 2022) Fagbadebo, Omololu; Dorasamy, NirmalaSeparation of powers among the three branches of government, in most Constitutional democracies, is a design to avert the tyranny of a personalized rule. With specific roles, in relationships characterized by separated but shared powers, each branch of government is a watchdog against the other in case of any abuse. In the South African governing system, the Constitution guarantees functional power relationships among the legislature, the executive, and the judiciary branches of the government. Nevertheless, the dominant party system, in practice, has weakened the legislative oversight and accountability powers to tame the excesses of the executive, contrary to the intendments of the drafters of the Constitution. Judicial review of the various legislative and executive actions, however, has created precedents that seek to reassert legislative capacity to hold the executive accountable. At one time or the other, the judiciary had indicted the legislature and the executive of dereliction of duties. Using primary and secondary data from judicial pronouncements, constitutional provisions, and other public documents, with extant literature, respectively, this paper reviewed the environment that prompted the activist posture of the South African judiciary. An entrenched culture of party loyalty and the incapacity of the legislature to enforce accountability have bolstered the need for assertive judicial review in ensuring accountability. The failure of the legislature to exercise its oversight power has provided the platform for the judiciary to rise as a formidable accountability instrument. Judicial independence, guaranteed by The Constitution, would continue to sustain the tenets of South African representative democracy.Item An analysis of the judicial review of the impeachment procedures in Anambra, Oyo, and Plateau in Nigeria’s Fourth Republic(Romanian Cultural Foundation, 2020-06-11) Fagbadebo, Omololu M.; Dorasamy, NirmalaBackground: The Nigeria’s presidentialism recognises the interdependence of the three branches of government: the legislature, the executive and the judiciary, in a system of separated but shared powers. In furtherance of its oversight role, the Constitution grants the legislature the power, through a prescribed procedure, to remove the heads of the executive guilty of gross misconduct while in office. However, some state legislatures removed their governors in violation of the constitutional requirements. This prompted judicial intervention in interpreting the actions of the legislatures vis a vis the constitutional provisions. This paper reviews the intervention of the judiciary in the cases of impeachment of the governors of Anambra, Oyo and plateau States, Nigeria. Materials and Methods: This is a qualitative study with primary and secondary data generated from court judgments, public and archival materials, key informants’ interviews and extant literature. Result: Upon judicial review of the three cases, the judiciary declared the legislative process that led to the removal of the governors unconstitutional and ordered their restoration. However, the decisions of the courts were based on the violation of the constitutional procedures rather than on the merits of the allegations of gross misconduct. The Constitution ousts the jurisdiction of the courts to inquire into the allegations of gross misconduct. The paper discovered that while the judicial review gave reprieve to the governors, the pronouncements were indication that the legislature could rebound and exercise their power according to the set rules. Conclusion: The paper concluded that the breach of the constitutional procedure by the legislature was an indication that the lawmakers were not originally interested in the effective exercise of the oversight power of impeachment to advance accountability. The lawmakers were motivated by the pursuit of self-interest rather than desire for the public good. The indictment of the legislature by the outcomes of judicial review was an indication that the members of the legislature were not independent minded as envisaged by the constitution to make decisions in the interest of the public.Item Imperatives for good Governance: a case study of the implementation Batho Pele Principles at Durban Home Affairs Regional Level(Kamla-Raj Entreprises, 2014) Dorasamy, Nirmala; Ngidi, Telesphorus LindelaniGood governance, the rule of law and systems of accountability are essential elements in guaranteeing that resources are equitably shared. These resources are to be used efficiently, effectively and economically. Prior 1994, quality service was only reserved for whites. Given this legacy, the transformation of the South African Government had to be initiated. The endeavours by the African National Congress (ANC) to deal with the ills of the past gave birth to the White Paper on the Transformation of Public Service Delivery (1997). This initiative is underpinned by these principles: consultation, service standards, access, courtesy, information, openness and transparency, redress and value for money. This paper seeks to investigate the importance of good governance. The paper adopted an interpretive qualitative, quantitative methodology. The data suggests that while initiatives are in place to ensure good governance, challenges still exist. Recommendations focus on enhanced procedures relating to Batho Pele to improve good governance.Item Good governance and whistleblowing : a case of a higher education institution (HEI) in South Africa(KRE, 2013) Dorasamy, NirmalaThe article aims to explore the attitudes of employees toward the Protected Disclosures Act (2000) in providing protection to whistleblowers in South Africa. It seeks to examine the extent to which employees are encouraged to blow the whistle at higher education institutions, despite legislation which protects disclosures made in good faith. The assessment is conducted in the light of empirical research conducted at a higher education institution, against literature gleaned on whistleblower legislation and its impact on good governance. The research was limited to the Durban University of Technology, a higher education institution (HEI) in South Africa and may not produce the same findings at other similar higher education institutions. A conceptual framework informed by legislation, policy and procedures and organizational culture was used to determine employee perceptions of whistleblower protection within higher education institutions. The research methodology focused on questionnaires administered to all employees. Despite the implementation of a whistleblowers line at the institution, employees are of the opinion that practices and procedures relating to whistleblowing have not encouraged whistleblowing or even decreased unethical conduct, In light of this research, recommendations are made to promote a culture of whistleblowing that broadly need to be supported and articulated throughout the institution.