scholarly journals Restitutionary Road: Reflecting on Good Governance and the Role of the Land Claims Court

2011 ◽  
Vol 14 (3) ◽  
Author(s):  
JM Pienaar
Keyword(s):  
Good Governance ◽  
Land Claims

scholarly journals Restitutionary Road: Reflecting on Good Governance and the Role of the Land Claims Court

2017 ◽  
Vol 14 (3) ◽  
pp. 29
Author(s):  
JM Pienaar
Keyword(s):  
Land Reform ◽  
Good Governance ◽  
Active Role ◽  
Main Function ◽  
Land Claims ◽  
Active Approach ◽  
Temporal Process ◽  
Role Players ◽  
Case Number

Although 95% of all claims that had been submitted by 1998 have indeed been processed, a mere 49% of the land that was restored since 1994 housed successful enterprises by the end of 2010. Accordingly, sixteen years into the restitution process the statistics are rather disappointing. Restitution of land as a land reform mechanism is a unique temporal process that involves various role players. This contribution focuses on the role that the Land Claims Court has to play within the context of “good governance”. In this regard the legislative and policy frameworks within which restitution and the Land Claims Court operate, are first set out after which the unique characteristics of the restitution programme are highlighted.  Although the main function of the Land Claims Court is to grapple with and adjudicate on legal issues, it also has a role to play in effecting good governance. This may be done by its involvement in the legal process leading up to the finalization of claims by issuing directives, acting as a review forum and by removing land from the restitution process under section 34 of the Restitution Act. However, a more pro-active role may be played by the Court by its involvement in deciding the exact form of restitution or restoration in a particular case. In this regard the Court can find that restitution has to be conditional and that certain requirements have to be met in order for the process to be effective and successful. With reference to Baphiring Community v Uys and Others (Case number LCC 64/1998) it is clear that a pro-active approach would require the Court to engage in difficult, often conflicting, issues and to embark on in-depth investigations and analyses where necessary.

scholarly journals Critical Analysis of the Oversight Role of the Education Portfolio Committee in Parliament of South Africa

2015 ◽  
Vol 3 (3) ◽  
pp. 72 ◽  
Author(s):  
W. W. Manona
Keyword(s):  
South Africa ◽  
Data Collection ◽  
Critical Analysis ◽  
Good Governance ◽  
Government Expenditure ◽  
Adverse Consequence ◽  
Senior Executives ◽  
Effectiveness And Efficiency ◽  
Ruling Party

There is a prevalent assumption in South Africa that Parliament is guided by the ideals of democracy, accountability, transparency and accessibility. However, there are still gaps and challenges as far as theoversight role of Parliament is concerned, despite the presence of committees that have been established to oversee the executive and relevant structures of government, government activities and public finances. There is widespread maladministration and misuse of government expenditure in government departments. This paper investigates the oversight role of parliamentary committees to determine their relative influence on accountability and democracy in the execution of functions by public functionaries. The aim of the paper is to provide an understanding into inherent problems in the oversight role of Parliament in the democratic dispensation in South Africa, which seems not to have been given serious attention in the academia, considering the pivotal role Parliament plays in the lives of citizens of the country. These oversight committees have selectively held Senior Executives or Ministers accountable for their ineffectiveness, misuse of government expenditure and maladministration. This could be attributed to the fact that oversight in South Africa does not seem to be properly understood and implemented as it should be. Moreover, the influence of the majoritarian authority of the ruling party in committees seems to be colluding with the executive. Failure to take action against cases of omission brings questions on the effectiveness and efficiency of the oversight role of Parliament. The adverse consequence is the delay in the provision of good quality services to poor communities. This paper employed the theoretical approach as a method of data collection. Conclusions have been drawn that the shortcomings of the parliamentary committees compromise accountability and good governance in service delivery.

IN THIS ISSUE

2020 ◽  
Vol 38 (2) ◽  
Author(s):  
Henning Melber
Keyword(s):  
South African ◽  
Economic Freedom ◽  
Good Governance ◽  
Human Security ◽  
Economic Transformation ◽  
South African Society ◽  
Strategic Issues ◽  
Finance Minister ◽  
Multiple Challenges

South African Finance Ministers (notably in the plural, given the events since December 2015) face multiple challenges. They deal not only with an economy in stagnation through an austerity policy as recently presented by Pravin Gordhan in his Medium Term Budget in late  October, but also with the sobering results of the limited socio-economic transformation since the end of apartheid. The contradictions prevailing since then are reflected not least in the devastating crisis sweeping across South Africa  universities. As if that is not enough, a Finance Minister concerned about good governance is also waging an uphill battle to reduce damage by trying to protect the state and its assets from further capture by predatory elites. Considering all of this, it is not surprising that a critical analysis of what is termed economic freedom, an interpretation of the meaning and its consequences, is a fitting contribution to the Strategic Review. Joleen Steyn Kotze presents such an examination in the first article of this issue. Her reflections compare and juxtapose the different notions and ideologies of economic freedom and the effects these may have if turned into policy. This invites further debate regarding the transformation of South African society, which inherited one of the most grossly unequal societies in our world, a condition yet to be markedly reduced. Debates are also required about other aspects that are relevant for a journal focused on regional strategic issues. These include not least the notion of human security and the role of the military. Thuso Benton Mongwaketse relates directly with his contribution, to a subject raised in recent issues.1) By concluding that "security and human security in particular, is fundamentally about responsiveness, accountability, and transparency in governance", he more than indirectly links the discourse on the role of a national defence force to the socio-economic dimensions dealt with in the first article.

The impact of applying good governance standards in reducing corruption and achieving sustainable development in Yemen

2021 ◽  
Vol 26 ◽  
pp. 769-791
Keyword(s):  
Sustainable Development ◽  
Development Process ◽  
Good Governance ◽  
Arab Countries ◽  
Significant Decline ◽  
The Core ◽  
Efficiency And Effectiveness ◽  
Political Economic ◽  
The Impact

This paper aims to highlight the role of applying good governance standards in reducing corruption and achieving sustainable development in Yemen, since good governance represents the core of the development process of countries and societies. Good governance is based on the principle of transparency, accountability, efficiency and effectiveness in order to raise the capacity and efficiency of the state and make it more capable and effective to achieve sustainable development. Corruption in all its forms is one of the biggest obstacles to sustainable development in Yemen, and a major reason for wasting state resources and limiting foreign investment, and thus the expansion of poverty, the poor, and other effects related to the failure to achieve sustainable development. Yemen is one of the most Arab countries facing major challenges in the field of implementing good governance and combating corruption in order to achieve sustainable development and achieve its goals at all political, economic, social and environment. This paper concluded that Yemen suffers from a lack of implementation and enforcement of good governance standards, as well as a rampant corruption, which has led to an expansion of poverty and a significant decline in development rates. Key words: Good Governance, Corruption, Sustainable development.

scholarly journals The Role of Specialized Civil Society in Challenge Corruption with Glance to I.R.I

2017 ◽  
Vol 7 (3) ◽  
pp. 174
Author(s):  
AmirNezam Barati ◽  
Ali Babayee Mehr ◽  
Mohsen Sharifi
Keyword(s):  
Civil Society ◽  
Rule Of Law ◽  
Good Governance ◽  
Efficiency And Effectiveness ◽  
United Nations Convention ◽  
The Law ◽  
In Transit ◽  
And Control ◽  
Civil Societies

Combating against corruption is one of the most important factors for establishing Good Governance. Corruption is a social, political and economic phenomenon that defect the democratic institutions and stop establishing good governance. This study using analytical – descriptive, analyses the role of civil society in combat corruption with glance to I.R.IFindings of this study show that the role of special civil societies has remarkable efficiency and effectiveness in combat corruption. In challenging corruption different actor such as government, private sector and specialized civil society have function, but the role of civil societies is more effective than others.In relating to the I.R.I actions against corruption, the country enacted different laws such as the law of access to information, the Law of United Nations Convention against Corruption and this process will send a clear message that the country is determined to prevent and control corruption. In pathology of corruption in I.R of Iran the concentration on fighting against corruption, is concentrated on "The Staff of Combat against Economic Corruption" and civil society don’t have effective or remarkable role to fight against this abnormality and this Staff is most important centers to harmonize the actions against corruption. Finally, the most important causes of corruption in every developing Nations in Transit such as Iran are big government and interference of Government in economy, the weakly embedded rule of law, the ineffective and inefficient of government policy, lack of accountability and institutional transparency.

scholarly journals PERANAN KEJAKSAAN REPUBLIK INDONESIA DALAM PEMBERANTASAN KORUPSI DI NEGARA DEMOKRASI (Role of The Attorney General of Indonesia in Eradicating Corruption in State Democracy)

2016 ◽  
Vol 16 (1) ◽  
pp. 15
Author(s):  
Suharyo Suharyo
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Good Governance ◽  
Attorney General ◽  
Strong Relationship ◽  
Criminal Code ◽  
Local Officials ◽  
Strategic Position

PERANAN KEJAKSAAN REPUBLIK INDONESIADALAM PEMBERANTASAN KORUPSI DI NEGARA DEMOKRASI(Role of The Attorney General of Indonesia in Eradicating Corruption in State Democracy) The Attorney General of Indonesia plays a strategic position in corruption eradication. Since IndonesiaIndependent Day on 17 August 1945 until now, the attorney general keeps eradicate the corruption. As one of the elements of criminal justice system of the democracy state refers to the Act No.16/2004 on the Attorney General of Republic of Indonesia, and also a concern with the Act No.8/1981 on the Criminal Code (KUHAP). Corruption eradication is ruled and stipulated on the Act No.31/1999 on Corruption Eradication Jo the Act No.20/2001, and supported the Act No.8/2010 on the Criminal Act of Money Laundering . Questions of this research were what obstacles of corruption eradication in attorneys and how to make it effective? It was a normative-juridical method. It was  an impression that the Attorney General has no dare to enforce the law for the elite politician, local officials (governors,majors) because of their strong relationship with. This phenomenon triggered scholars to do long march and protest to the Attorney General to be consistent and responsive in corruption eradication. Good governance and bureaucracy reform had no big impact, the meaning of “Tri Atmaka” and “Tri Karma Adhyaksa” had truly not been absorbed and practiced, yet. Keywords: The Attorney General of Indonesia in eradicating corruption ABSTRAK Kejaksaan Republik Indonesia memegang posisi sangat strategis dalam pemberantasan korupsi. SejakProklamasi Kemerdekaan 17 Agustus 1945 sampai sekarang, Kejaksaan Republik Indonesia terus menerus melakukan pemberantasan korupsi. Sebagai salah satu unsur dari  sistem peradilan pidana (Criminal Justice System) di dalam negara demokrasi Kejaksaan RI mengacu pada Undang-Undang Nomor 16 Tahun 2004 Tentang Kejaksaan RI, dan juga memperhatikan Undang-Undang Nomor 8 Tahun 1981 tentang Hukum Acara Pidana (KUHAP). Khusus untuk pemberantasan korupsi, diatur melalui Undang-Undang Nomor 31 Tahun 1999 tentang Pemberantasan Tidak Pidana Korupsi no Undang-Undang Nomor 20 Tahun 2001, dan ditunjang Undang-Undang Nomor 8 Tahun 2010 Tentang Tindak Pidana Pencucian Uang. Adapun rumusan masalah dalam penelitian ini adalah apakah kendala yang melekat jajaran Kejaksaan dalam pemberantasan korupsi, serta Bagaimana mengefektifkan Kejaksaan RI dalam pemberantasan korupsi. Metode yang dipakai adalah yuridis normatif.Terdapat kesan, Kejaksaan RI sangat tumpul pada pelaku dari elit politik, dan pejabat daerah (Gubernur, Bupati/Walikota) yang mempunyai koneksi politik yang kuat.Sehingga tidaklah mengherankan, apabila di berbagai daerah, muncul aksi-aksi unjuk rasa dari kalangan mahasiswa yang menuntut Kejaksaan RI agar konsisten dan responsif dalam pemberantasan korupsi. Good Governance dan reformasi birokrasi, hanya berpengaruh positif, secara minimal. Makna Tri Atmaka, serta Tri Karma Adhyaksa, kurang diresapi dan kurang  diamalkan secara mendalam. Kata Kunci: Kejaksaan RI dalam pemberantasan korupsi

scholarly journals The Influence of the Implementation of Total Quality Management and the Implementation of Good Governance on the Muzakki Trust (Study on Amil Zakat Institution in Batam City)

2019 ◽  
pp. 268-281
Author(s):  
Cahyo Budi Santoso ◽  
Ahmad Gamal
Keyword(s):  
Quality Management ◽  
Total Quality Management ◽  
Good Governance ◽  
Total Sample ◽  
Significant Positive Effect ◽  
Total Quality ◽  
Negative Effect ◽  
Positive Effect

Zakat becomes part of the obligations of Muslims who must be paid and given to those who are entitled to receive zakat. The distribution of zakat which is intended for the recipient and the amount of zakat is often not recorded accurately. There is a discrepancy between the amount of zakat and the number of recipients of zakat. Then a new breakthrough is needed through the implementation of toral quality management and the application of good governance so that it is expected that all incoming zakat and the number of recipients of zakat can be recorded. This study aims to examine the effect of the implementation of total quality management and the role of good governance on muzakki trust (a study at the Amil Zakat Institute in Batam City). The population in this study is the number of residents of the city of Batam in 2017 amounted to 1,062,250 inhabitants. Determination of the sample using the formula Hair, et al (2010) so that the total sample is 100 respondents. Data analysis using multiple linear regression with SPSS 23. The results of the study can be concluded that the implementation of total quality management has a significant positive effect on muzakki trust, the application of good governance has a significant negative effect on muzakki trust and the implementation of total quality management and the application of good governance simultaneously has a significant positive effect on muzakki trust.

scholarly journals Pengembangan Website Direktorat Jenderal Industri Agro Kementerian Perindustrian

2021 ◽  
Vol 11 (1) ◽  
pp. 51-65
Author(s):  
M R Sadif ◽  
J C Wibawa
Keyword(s):  
Information Disclosure ◽  
Good Governance ◽  
Object Oriented ◽  
Prototype Model ◽  
Foreign Investors ◽  
Website Development ◽  
Directorate General ◽  
Object Oriented Approach ◽  
Descriptive Method

The Directorate General of Agro-Industry is one of the implementing elements of the duties of the Minister of Industry, which has the task of organizing the formulation and implementation of policies. In order to encourage the growth and development of the role of the agro-industry, especially in providing informative information, which is very important in the current era of technology 4.0, publications and information facilities are needed regarding the development of the agro-industry. The design of this study used a descriptive method, using an object-oriented approach, while its development used a prototype model. This study aims to develop a website that is in accordance with several important factors that need to be considered so that website development can touch the quality side of the Ministry of Industry, Directorate General of Agro-industry which is in line with Law Number 14 of 2008 concerning Information Disclosure. This research produces a quality website at the Ministry of Industry, Directorate General of Agro-Industry, and meets the principles of good governance in accordance with Presidential Instruction No. 3 of 2003. So that the transparency and accountability of the information on this website are expected to have an impact on increasing the confidence of both local and foreign investors.

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