Law and Economic Development in South Africa: An Assessment through the General Theory of Law and Development

2019 ◽  
Vol 12 (2) ◽  
pp. 377-401 ◽  
Author(s):  
T. K. Pooe
Keyword(s):  
South Africa ◽  
Economic Development ◽  
Human Rights ◽  
Social Justice ◽  
General Theory ◽  
Local Governments ◽  
Local Economic Development ◽  
African National Congress ◽  
Law And Development ◽  
Theory Of Law

Abstract The ascension of the African National Congress into formal politics through its electoral victory in 1994 resulted in South Africa adopting one of the world’s most heralded social justice and human rights-based documents, the 1996 Constitution. Yet, two-decades of ANC governance this paper argues has not led to the types of economic development needed to advance the formerly oppressed African majority, Colored and Indian populations. This lackluster economic development is even more troubling when one considers the giant economic development steps Asian developmental states have made, without a human rights and social justice approach. It is the contention of this paper that the newly presented General Theory of Law and Development allows for a new type of analysis exploring the reasons why South Africa’s economic development trajectory has been so lackluster, when so many authorities praise the South African legal framework. In making this argument using the General Theory South Africa’s local governments sphere and local economic development will be the subject of analysis.

Has it Reinvented Iron Law? South Africa’s Social Industrialisation, not Iron Industrialisation

2018 ◽  
Vol 11 (2) ◽  
pp. 467-511 ◽  
Author(s):  
T. K. Pooe
Keyword(s):  
South Africa ◽  
Economic Development ◽  
Human Rights ◽  
South African ◽  
Large Scale ◽  
Local Economic Development ◽  
African State ◽  
African National Congress ◽  
Action Plans ◽  
Law And Development

Abstract This paper examines whether the current South African legal framework and subsequent policies post-1994 encourage and have emphatically fostered industrialisation in South Africa primarily and Southern Africa more generally. The primary contention of this paper is that the South African State, unlike fellow Southern African States, has a long history with industrialisation and should have laid the foundations for Southern Africa’s large scale industrialisation trajectory. However, the post-1994 government vision for South Africa has never had a Law and Development philosophy that prioritises and fosters industrialisation. Industrial Promotion in Africa, is understood as being concerned with drafting, strategically implementing and investing in industrially minded action plans. Through the prism of Local Economic Development policy and legislation in the Sedibeng region, this paper contends that industrialisation is still a farfetched endeavour despite industrially minded policies like the New Growth Path and the Industrial Policy Action Plans in South Africa. Moreover, South Africa’s industrialisation agenda is compromised by the Law and Development philosophy of the African National Congress led government. At the core of this philosophy is an overestimation of social justice activity like Human Rights promotion at the expense of Asian Developmental States’ non-human rights approach to economic development activity, like industrialisation in rural and township regions of South Africa.

Developmental State No Birth Right: South Africa’s Post-1994 Economic Development Story

2017 ◽  
Vol 10 (2) ◽  
Author(s):  
T. K. Pooe
Keyword(s):  
South Africa ◽  
Economic Development ◽  
South African ◽  
Local Economic Development ◽  
Separation Of Powers ◽  
Developmental State ◽  
Law And Development ◽  
State Institutions ◽  
Development Agenda ◽  
Legal Frameworks

AbstractThis paper explores how South Africa despite having one of the most lauded constitutions and legal frameworks in the world has been unable to advance as a developmental state in economic development and institutional building endeavours. The contention of this paper is that the South African government, prioritising law and development, did so at the expense of institutional building for economic development purposes. Law and development is conceptualised in this paper as States prioritising liberal actions such as separation of powers (judiciary, executive and legislature) and human rights. Consequently, this paper is not arguing against some of the tenants characterising the law and development agenda. Rather it asks, did South Africa lose its credentials as a possible developmental state by prioritising law and development initiatives over building developmental state institutions for local economic development purposes in particular? Ultimately, this paper contends that for South Africa to become a functional developmental state it needs to reconsider its constitutional/law and development aspirations, in favour of reconfiguring government institutions to prioritise economic development.

Agritourism and local economic development in South Africa

2014 ◽  
Vol 26 (26) ◽  
pp. 93-106 ◽  
Author(s):  
Christian M. Rogerson ◽  
Jayne M. Rogerson
Keyword(s):  
South Africa ◽  
Economic Development ◽  
Local Governments ◽  
Local Economic Development ◽  
Special Significance ◽  
Research Issues ◽  
National Economic ◽  
Policy Suggestions ◽  
National Economic Development

Abstract The role of tourism for local economic development (LED) is a topic of critical importance for geographers. In the case of South Africa tourism is a priority sector for national economic development. The significance of research issues around tourism and LED is underlined by the ‘developmental’ mandate of local governments. Although tourism has received attention in a growing body of LED writings on South Africa issues around agritourism so far have been overlooked. Agritourism represents an evolving form of rural tourism which is targeted at mainly urban consumers. Against the background of a review of international scholarship on agritourism this article explores its potential implications for LED planning in South Africa. A national audit of agritourism is presented which shows its uneven geographical distribution. Agritourism is of special significance for small town economic development in South Africa’s intermediate tourism spaces. Policy suggestions are offered for strengthening agritourism as a driver for LED in South Africa.

Application of Y.S. Lee’s General Theory of Law and Development to Botswana

2019 ◽  
Vol 12 (2) ◽  
pp. 403-424 ◽  
Author(s):  
Sara Ghebremusse
Keyword(s):  
Economic Development ◽  
General Theory ◽  
Low Income ◽  
Great Part ◽  
Resource Curse ◽  
Regulatory Compliance ◽  
Law And Development ◽  
Income Status ◽  
Socio Economic Development ◽  
Theory Of Law

Abstract Botswana has achieved significant socio-economic development despite its low-income status in 1966 when colonial rule ended, earning it the status of an “African success story” and “African miracle”. Botswana’s development was achieved in great part to its abundance of natural resources (diamonds), in contrast to other African countries that displayed conditions affiliated with the “resource curse”: corruption, rent-seeking behaviour by the ruling class, Dutch disease, declining terms of trade, the absence of economic diversification, and even civil conflict. Despite its extensive coverage in political economy and development studies literature, Botswana’s socio-economic development has yet to be interrogated through a law and development lens. Yong-Shik Lee offers a theoretical framework to conduct such an analysis in his article, General Theory of Law and Development, which proposes that law directly impacts development through three categorical Regulatory Impact Mechanisms: regulatory design; regulatory compliance; and quality of implementation. This article applies Lee’s theory to Botswana, making it one of the first applications of Lee’s theory to an African case study.

General Theory of Law and Development: An Overview

2019 ◽  
Vol 12 (2) ◽  
pp. 351-375
Author(s):  
Yong-Shik Lee
Keyword(s):  
South Africa ◽  
General Theory ◽  
Development Process ◽  
Essential Elements ◽  
Special Issue ◽  
Theoretical Frameworks ◽  
Law And Development ◽  
Development Review ◽  
Theory Of Law

Abstract The 2019 Law and Development Review Special Issue features two articles that apply the general theory of law and development to explain the development process of Botswana and South Africa. This paper provides a condensed overview of the general theory for the convenience of readers who wish to grasp the essential elements of the theoretical frameworks under which the two articles examine the development cases.

Decentralisation or deconcentration: The case of regional and local economic development in South Africa

2021 ◽  
pp. 026909422110184
Author(s):  
Isaac Khambule
Keyword(s):  
South Africa ◽  
Economic Development ◽  
Local Government ◽  
Local Governments ◽  
Local Economic Development ◽  
Developmental Outcomes ◽  
Developing Nations ◽  
Regional Level ◽  
Local Economies ◽  
National Division

The widespread globalisation, democratisation and decentralisation process that took place in developing nations in the early 1990s created unique opportunities for subnational governments to play an important role in delivering developmental outcomes. Revitalising regional and local economies is one important mandate that emerged with the decentralisation process as a key function for local governments. However, the local government sphere in South Africa faces failures in driving regional and local economic development due to various institutional and market-related challenges. Against the failure of decentralised entities to drive regional and local economic development in South Africa, this article considers the utilisation of deconcentration through dedicating national administrative powers and resources to the regional level to revitalise the prospects of local economies. The article argues that there are better prospects for regional and local economic development through deconcentration due to the expertise, resources and capacities found within the national and provincial governments, as they receive a significant share of the national division of revenues. The article further demonstrates how deconcentration can be implemented through the state deconcentrating and managing its economic development functions at the regional level to municipal-owned district economic development entities tasked with stimulating regional economic development.

Supporting Local Economic Development in Post-Apartheid South Africa

2002 ◽  
Vol 17 (1) ◽  
pp. 8-24 ◽  
Author(s):  
Tony Binns ◽  
Etienne Nel
Keyword(s):  
South Africa ◽  
Economic Development ◽  
Local Governments ◽  
Local Economic Development ◽  
Local Development ◽  
Government Support ◽  
Development Fund ◽  
Support Mechanism ◽  
Massive Scale ◽  
The Impact

South Africa's apartheid era has left a bitter legacy of retarded economic development. Local Economic Development has been identified by the South African government as a key strategy through which issues of development and, more importantly, poverty alleviation can be addressed by local governments. This paper reviews current Local Economic Development policy in South Africa, before proceeding to an examination and analysis of the impact of the primary government support mechanism designed to promote such development initiatives, namely the Local Economic Development Fund. Whilst such support is of vital importance, far greater levels of intervention will be needed to fully address the massive scale of current local development needs.

Drawing the Line between Dismissal for Alcoholism (Incapacity) and Dismissal for Drunkenness (Misconduct). Are the Boni Mores Compromised?

2018 ◽  
Vol 41 ◽  
pp. 57-63
Author(s):  
Thandekile Phulu
Keyword(s):  
South Africa ◽  
Economic Development ◽  
Social Justice ◽  
Occupational Health ◽  
Health And Safety ◽  
Occupational Health And Safety ◽  
Fundamental Rights ◽  
Labour Relations ◽  
Labour Practice ◽  
The Republic

In South Africa employees are protected by various pieces of legislation. Section 23 of the Constitution of the Republic of South Africa 1996 provides for a right to fair labour practice. In its preamble the Labour Relations Act 66 of 1995 (hereafter referred to as the LRA) states that the purpose of the Act is to advance economic development, social justice, labour peace and democratisation of the workplace. The LRA also states that one of its objectives is to give effect to and regulate the fundamental rights conferred by section 27 of the Constitution. The Occupational Health and Safety Act as amended by the Occupational Health and Safety Amendment Act 181 of 1993 provides for the health and safety of persons at work and for the health and safety of persons in connection with the use of plant and machinery. The LRA provides for dismissal for incapacity and dismissals for misconduct. It also differentiates between the two. The LRA provides for both substantive and procedural fairness when dismissing an employee for incapacity and misconduct. This paper will examine the rationale behind differentiating between dismissal for drunkenness and dismissal for alcoholism.

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