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Research Publications (Management Sciences)

Permanent URI for this collectionhttp://ir-dev.dut.ac.za/handle/10321/217

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    Political leadership, corruption, and the crisis of governance in Africa : a discourse
    (Adonis and Abbey Publishers, 2021-03-15) Fagbadebo, Omololu; Dorasamy, Nirmala
    Corruption 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.
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    Judicial review as an accountability mechanism in South Africa : a discourse on the Nkandla case
    (Durban University of Technology, 2022) Fagbadebo, Omololu; Dorasamy, Nirmala
    Separation 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.
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    Interrogating the constitutional requisites for legislative oversight in the promotion of accountability and good governance in South Africa and Nigeria
    (SAGE Publications, 2019) Fagbadebo, Omololu
    African Studies Association of India. This article interrogates the effectiveness of the requisites for constitutional provisions in respect of the promotion of accountability and good governance in South Africa and Nigeria. The article notes that the drafters of the Constitutions of the two countries made sufficient provisions for the regulation and control of the executive and legislative activities in a manner that could guarantee effective service delivery. These constitutional provisions, in line with the practices of their respective governing systems of the two countries, empower the legislature to hold the executive accountable. The article discovers that the lawmakers in the two countries lacked the capacity to harness the provisions for intended purposes. Using the elite theory for its analysis, the article argues that legislative oversight in South Africa and Nigeria is not as effective as envisaged in the constitutional provisions envisaged. This weakness has given rise to the worsening governance crises in the two countries in spite of their abundant economic and human resources. The article opines that the institutional structures of the political systems of the two countries, especially the dominant party phenomenon, coupled with the personal disposition of the political elites incapacitate the effective exercise of the oversight powers of legislatures in the two countries. The article, therefore, submits that the people of the two countries have to devise another means of holding their leaders accountable in the face of collaboration between the executive and the legislature to perpetuate impunity in the public space. Independent agencies should be more active in the exposure of unethical behaviours of the political elites, while the judiciary should be more independent in the dispensation of justice.
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    Corruption, governance and political instability in Nigeria : a dysfunctional conundrum
    (Book Publisher International (a part of SCIENCEDOMAIN International), 2019-10-28) Fagbadebo, Omololu; Alina Georgeta, Mag; Kaustubha Nand, Bhatt
    The Nigerian State is a victim of high-level corruption, bad governance, political instability, and a cyclical legitimacy crisis. Consequently, national development is retarded, and the political environment uncertain. The country’s authoritarian leadership faced a legitimacy crisis, political intrigues, in an ethnically -differentiated polity, where ethnic competition for resources drove much of the pervasive corruption and profligacy. While the political gladiators constantly manipulated the people and the political processes to advance their own selfish agenda, the society remained pauperized, and the people wallowed in abject poverty. This invariably led to weak legitimacy, as the citizens lacked faith in their political leaders and by extension, the political system. Participation in government was low because citizens perceived it as irrelevant to their lives. In the absence of support from civil society, the effective power of government was eroded. Patron -client relationships took a prime role over the formal aspects of politics, such as the rule of law, well-functioning political parties, and a credible electoral system. In order to break this cycle and ensure good governance, accountability and transparency must be guaranteed
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    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, Nirmala
    Background: 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.
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    Good governance and the implementation of national health insurance in the public health sector : a case of South Africa
    (Virtus Interpress, 2015) Brauns, Melody; Stanton, Anne
    For years it has been argued that implementation failure is one of the main reasons why policies do not yield the results expected. In South Africa, a version of this argument, which often features, is that good policies are drawn up but then not implemented. Government failure is a reality. Just as corporations survive according to whether they make good decisions, so to governments fall or are re-elected on whether they make good decisions. General argument in governance literature is that a wide variety of developments have undermined the capacity of governments to control events within the nation state. As a consequence the state can no longer assume a monopoly of expertise or of the resources to govern.
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    Monitoring and evaluation capacity development of municipalities in the province of KwaZulu-Natal, South Africa
    (Kamla-Raj Enterprises, 2016) Govender, Ivan Gunass
    The purpose of the study was to assess the monitoring and evaluation capacity development in local municipalities in the KwaZulu-Natal Province. The research method included the case study and the mixed method approach. The study found that monitoring and evaluation (M&E) capacity development is perceived to positively impact staff motivation, training and placement; allocation of resources; and stakeholder participation. The results of the study are relevant to the National, Provincial and the Municipal Councils in exercising their oversight roles to capacitate municipalities to plan, implement and manage M&E systems to ensure an accountable and responsive local government. This study is significant as it provides a platform for the three spheres of government to address the current M&E capacity development gaps and to collectively develop an evidence-based national M&E capacity development strategy. The paper proposes further detailed research be undertaken for M&E capacity needs analysis in each municipality to ensure the developmental mandates are achieved.
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    Corporate governance, structure and accountability as affected by national government infrastructure in developing countries
    (Virtus Interpress, 2016-01) Mugova, Shame; Sachs, Paul R.
    Businesses in developing countries face different challenges than those in economically developed countries. Markets and supply chains are less well-established. Dissemination of information is uneven. Because governmental infrastructure has limited ability to support business operations,, businesses take on responsibilities that elsewhere are handled by a central government. This study revie3ws key elements of corporate governance. The study then reviews the banking and manufacturing sectors in Zimbabwe with attention to the presence or absence of financial infrastructure, legal infrastructure, market challenges, supply chain and government involvement to support corporate governance structures and systems. Recommendations for policy and practice changes are offered. The present analysis of Zimbabwe can guide research on and policy recommendations for governance in other developing countries.
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    Challenges of reintegrating self-demobilised child soldiers in North Kivu Province: prospects for accountability and reconciliation via Restorative Justice Peacemaking circles
    (Springer Verlag, 2015-04-09) Kiyala, Kimbuku Jean Chrysostome
    Social reintegration of self-demobilised child combatants can be seriously imperilled by the lack of accountability for human rights violations allegedly carried out during their soldiering life and the failure to pursue reconciliation with their respective communities. This paper examines the circumstances leading young soldiers to voluntarily exit armed groups and militias and the extent to which resettling in the community can be facilitated by restorative justice mechanisms. The findings suggest a large support by war-affected communities for restorative justice peacemaking circles as potential accountability and reconciliation measures to help reintegrate self-demobilised soldiers into society. These results were obtained from interviews, focus group discussions and descriptive statistics in which 1447 respondents participated. These included young ex-soldiers, students, educators, government official, members on NGOs, traditional leaders and councils, Security Services, and the Police. The inquiry was conducted between 3 May and 17 December 2014 in North Kivu Province, Democratic Republic of Congo (DRC).
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    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 Lindelani
    Good 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.