scholarly journals An Analysis of the Potential Use of Public-Private Partnerships in Water Infrastructural Development in Zimbabwe: The Case of Harare City Council

2015 ◽  
Vol 5 (1) ◽  
pp. 110 ◽  
Author(s):  
Hudson Mutandwa ◽  
Tawanda Zinyama
Keyword(s):  
Legal Framework ◽  
City Council ◽  
Public Private Partnerships ◽  
Successful Implementation ◽  
Political Will ◽  
Infrastructural Development ◽  
The Government ◽  
The Right ◽  
Potential Use ◽  
Harare City

The study was carried out to analyse the potential use of Public Private Partnerships (PPPs) in water infrastructural development in Harare City Council, Zimbabwe.  PPPs play a pivotal role in water infrastructural development if fully implemented.  Zimbabwe’s rate of uptake is low.  There are preconditions that are necessary for successful implementation of PPPs inter alia political will (commitment) legal, institutional and political frameworks.  Key informant interviews and documentary search were employed to gather data.  The study established that Zimbabwe does not have the preconditions necessary for successful implementation of PPPs and this confirms the thesis.  The main challenges include lack of legal and institutional framework, lack of political will, unconducive socio-economic environment.  Zimbabwe’s water infrastructure is ramshackle.  This is compounded by lack of fiscal space on the part of government to rehabilitate the infrastructure.  PPPs could be a viable alternative to infrastructural development with the right environmental conditions.  The study recommends that the government should quickly enact a PPP legal framework that enables the establishment of a PPP unit within the Ministry of Finance and this should be followed by an Act of Parliament which should institutionalize PPPs.  The Government should promote a conducive investment climate.

scholarly journals Nigeria’s upstream petroleum industry anti-corruption legal framework: the necessity for overhauling and enrichment

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Olusola Joshua Olujobi
Keyword(s):  
Research Work ◽  
Petroleum Industry ◽  
Legal Framework ◽  
Legal Regime ◽  
Political Will ◽  
Content Type ◽  
Record Keeping ◽  
Oil Contracts ◽  
The Government ◽  
Regulatory Intervention

Purpose This study aims to investigate why anti-corruption statutes are not efficient in Nigeria’s upstream petroleum industry. Design/methodology/approach This study is a doctrinal legal research that embraces a point-by-point comparative methodology with a library research technique. Findings This study reveals that corruption strives on feeble implementation of anti-corruption legal regime and the absence of political will in offering efficient regulatory intervention. Finally, this study finds that anti-corruption organisations in Nigeria are not efficient due to non-existence of the Federal Government’s political will to fight corruption, insufficient funds and absence of stringent implementation of the anti-corruption legal regime in the country. Research limitations/implications Investigations reveal during this study that Nigerian National Petroleum Corporation (NNPC) operations are characterised with poor record-keeping, lack of accountability as well as secrecy in the award of oil contracts, oil licence, leases and other financial transactions due to non-disclosure or confidentiality clauses contained in most of these contracts. Also, an arbitration proceeding limit access to their records and some of these agreements under contentions. This has also limited the success of this research work and generalising its findings. Practical implications This study recommends, among other reforms, soft law technique and stringent execution of anti-corruption statutes. This study also recommends increment in financial appropriation to Nigeria’s anti-corruption institutions, taking into consideration the finding that a meagre budget is a drawback. Social implications This study reveals that corruption strives on feeble implementation of anti-corruption legal regime and the absence of political will in offering efficient regulatory intervention. Corruption flourishes due to poor enforcement of anti-corruption laws and the absence of political will in offering efficient regulatory intervention by the government. Originality/value The study advocates the need for enhancement of anti-corruption agencies' budgets taking into consideration the finding that meagres budgets are challenge of the agencies.

scholarly journals LEGAL FRAMEWORK IN THE FULFILMENT OF RIGHT TO EDUCATION AS CONSTITUTIONAL RIGHT OF CITIZENS IN BORDER AREA OF NUNUKAN-NORTH KALIMANTAN PROVINCE (Comparison Study and Legal Framework of Right to Education of Citizens in Border Area of Indonesia-Sabah, Malaysia)

2017 ◽  
Vol 2 (2) ◽  
pp. 159
Author(s):  
Yahya Ahmad Zein ◽  
Aditia Syaprillah ◽  
Arif Rohman
Keyword(s):  
Model Comparison ◽  
Legal Framework ◽  
Border Region ◽  
Right To Education ◽  
Border Area ◽  
Policy Model ◽  
Constitutional Right ◽  
The Government ◽  
The Right ◽  
Area Management

The issues was found based on research results in the first year of the model of the fulfillment of the right to education as a constitutional right of citizens in the Nunukan-North Kalimantan Province. The research addresses the policies and models of the fulfillment of the right to education there are still various weaknesses, especially related to the implementation of policies has been contained in the Local Regulations, even worsened by the neglect of border area management principles based on the fulfillment of the right to education that will break the poverty chain, and will strengthen the orientation of border area management based on the welfare of the people. This is of course very interesting when compared to Malaysia's neighboring state Sabah in the fulfillment of the right to education concerning the availability, affordability, acceptance, and conformity of education.The main issues be discussed in this study are how is comparative policies and how os comparison of the framework in the fulfillment of the right to education as a constitutional right of citizens in the border region of Nunukan Indonesia and Sabah Malaysia.this research is a comparative law study so that it will provide a new policy model of border area management based on the fulfillment of the right to education.The results of this study conclude that the Malaysian government's policy of opening and developing the port of Tawau at the end of the 19th century and the port of Tawau is the third major destination in Sabah after Kota Kinabalu and Sandakan as evidence that the management of its border areas using the prosperity approach has brought prosperity to Malaysian citizen who is on the border of his country and this is directly proportional to the strengthening of human resources through the Infrastructure and quality of education of his country. The results of the Model comparison indicate that there are significant differences in the fulfillment of the right to education as a constitutional right of citizens in the border regions of Nunukan Indonesia and Sabah Malaysia in terms of the conditions of educational infrastructure and access to education information. Affordability of school locations and systems that facilitate the process towards educational facilities.Availability of quality education standards for citizens and the availability of adequate teachers at every level of education.The aim of this research is not only for the development of science, especially the knowledge of Indonesian border region, but also contributes as a reference for the government related to the policy of border area management in Indonesia, particularly the reference for Local Govenrmment of Nunukan.

scholarly journals ÖPP – Eine vorteilhafte Beschaffungsvariante für die künftige Infrastrukturgesellschaft

2017 ◽  
Vol 66 (3) ◽  
Author(s):  
Gernot Sieg ◽  
Berthold U. Wigger
Keyword(s):  
Life Cycle ◽  
Human Resources ◽  
Public Private Partnerships ◽  
Life Cycle Costs ◽  
Highway Projects ◽  
The Government ◽  
The Right ◽  
Open Question

Abstract:Whether or not the government will be able to set the right incentives for the newly founded Infrastrukturgesellschaft (Infrastructure Company), especially for minimizing life cycle costs, remains an open question. During the first few years, human resources that are inevitably tied up in establishing the company are then not available for the management of road works. Beneficial highway projects should not be excluded through a debt limit, but realized by means of Public Private Partnerships. Therefore, even though the Infrastrukturgesellschaft may ultimately improve its ability to build efficient highways in Germany, in the meantime, especially large projects should be achieved through Public Private Partnerships.

Leadership and political will for implementation of the access to information (ATI) Act (2016) in Kenya

2019 ◽  
Vol 29 (1/2) ◽  
pp. 117-133
Author(s):  
Victor Kabata ◽  
Francis Garaba
Keyword(s):  
Action Plan ◽  
Theoretical Models ◽  
Records Management ◽  
Successful Implementation ◽  
Access To Information ◽  
Political Will ◽  
Economic Rights ◽  
Content Type ◽  
Informed Citizenry ◽  
The Government

PurposeThe purpose of this paper is to demonstrate the importance of leadership and political will towards successful implementation of an access to information (ATI) legislation.Design/methodology/approachThe paper adopted a mixed methods approach with a bias towards a quantitative survey, complemented by a qualitative follow-up and triangulation during data collection. A complement of theoretical models underpinned the paper, thus enhancing understanding of the multifaceted phenomenon of ATI.FindingsThe paper revealed that the state has demonstrated leadership and political will for ATI by developing government-wide records management manual for public entities; developing an ATI implementation action plan and availing resources for ATI. However, there is need to review laws that perpetuate secrecy; formulate regulations to operationalize the Act and allocate adequate finances for ATI activities.Research limitations/implicationsThe paper focused on assessing the extent of leadership and political will on the executive arm of the government excluding the Judiciary and the legislature.Practical implicationsThe paper proposes an ATI implementation roadmap, which can be adopted by other countries with comparable contexts.Social implicationsThe proposed action plan if adopted will result in an informed citizenry that understands and leverages ATI to claim their socio-economic rights.Originality/valueThe paper provides empirical evidence on some aspects of leadership such as the ministries with ATI policy; level of engagement of policy-makers in ATI matters and the availability of resources for ATI. Further, the paper adopted a multidisciplinary approach by including the concept of ‘meaningful engagement’ whose theoretical foundation is in law to the concept of access to information.

scholarly journals Government’s involvement in regional policy and development in the state of Ohio, USA

Spatium ◽  
2009 ◽  
pp. 51-55
Author(s):  
Andrea Sehic
Keyword(s):  
Intergovernmental Relations ◽  
The State ◽  
Public Private Partnerships ◽  
Successful Implementation ◽  
Role Of Government ◽  
Flow Of Funds ◽  
Leading Role ◽  
Long Time ◽  
Regional Component ◽  
The Government

Brownfield redevelopment has been playing a leading role in urban development in the state of Ohio for some time now. Being one of the most industrialized states in the US, Ohio has been struggling for a long time with numerous consequences of businesses that were shutting down, moving out of Ohio, or restructuring. The State officials have been addressing and taking care of these issues very carefully, and with a lot of concern and attention. Furthermore, the officials have been cooperating on all levels of government, which created a very positive and encouraging environment for successful redevelopment projects. The State has been focusing on comparative advantages of regions, and assisting where the demand is. The State has also been encouraging regional development by providing programs especially designed for ones in need, or valuing projects that propose a regional component/strategy. With establishing public-private partnerships between applicants and the government as the fund provider, a very important way of cooperation is established, and maintained, throughout the funding process. With the evident burden that brown fields impose on all participants in the process of redevelopment, it is sometimes difficult to see the overall benefit of such actions. The crucial role of government?s support has proved to be the key to successful implementation of brown field projects. Enabling continuous flow of funds, establishing intergovernmental relations, along with enabling public-private partnerships, and tightly linking the participants in the process of redevelopment resulted in successfully completed projects, which brought new life and brighter perspective to communities that haven?t been able to struggle through this complex process on their own.

Removal of military servants and members of their families from the registration of needs of improvement of housing conditions in the event of departure to a permanent local location

2021 ◽  
Author(s):  
Olha Rozghon
Keyword(s):  
Military Service ◽  
Legal Framework ◽  
Living Conditions ◽  
Practical Implementation ◽  
Main Body ◽  
Housing Conditions ◽  
Place Of Residence ◽  
Living Space ◽  
The Government ◽  
The Right

Problem setting. The relevance of this study is, first of all, to cover issues related to the protection of the right to housing of a serviceman when deregistering him, in order to improve the legal framework, which, in turn, is one of the legal means to ensure the practical implementation of the right to housing serviceman and members of his family. The issue of protection of housing rights of those servicemen who did not receive living space in the settlement where they were registered as in need of better living conditions, moved to another settlement for permanent residence, and as a result were removed from this registration. Target of research. Since the right to housing is one of the constitutional rights of citizens, we will carry out a critical scientific analysis of the constitutionality of the provisions of paragraph 2 of Part 2 of Art. 40 of the Housing Code of the Ukrainian SSR and the “modernity” of the requirements of the Housing Code of the Ukrainian SSR and other regulations on the provision of housing for servicemen and members of their families, if they are removed from the list of those in need of better living conditions. and became the purpose of this article. Аnalysis of recent researches and publications. A.R. Melnyk drew attention to the problematic aspects of providing servicemen and members of their families with housing according to the housing legislation of Ukraine, which established what housing is. L. O. Moses considered such a social value as the provision of housing for a serviceman. A.V. Minaev points to the need to solve the problem of housing for servicemen. L.P. Bear analyzes the implementation of social rights and freedoms of servicemen for housing. Article’s main body. As the issue of providing housing for servicemen registered as in need of better housing conditions has not been resolved by the Government before January 1, 2005, there is reason to believe that paragraph 19 of the Regulation on Privileges for Conscripts applies to this issue, persons discharged from military service and their families, approved by the resolution of the Council of Ministers of the USSR of February 17, 1981 № 193. But for paragraph 2 of Part 2 of Art. 40 Housing Code of the Ukrainian SSR, citizens are removed from the housing register and excluded from the lists of persons who enjoy the right of first refusal of housing, if they moved to a permanent place of residence in another locality and, therefore, lost this right. Conclusions and prospects for the development. In summary, we outline the following points. First, the provisions of the Housing Code of the Ukrainian SSR meet the requirements of clarity, clarity, unambiguity of law, are provided for the legal consequences of their application, so do not contradict Part 1 of Art. 8 of the Constitution of Ukraine, Part 2 of Article 24 of the Constitution of Ukraine and Part 2 of Art. 47 of the Constitution of Ukraine. Secondly, substantiating compliance with paragraph 2 of Part 2 of Art. 40 of the Housing Code of the Ukrainian SSR, we argue that these provisions comply with the provisions of Part 2 of Article 24 of the Constitution of Ukraine because the rights and freedoms of citizens enshrined in laws and regulations are equal. Compliance with paragraph 2 of Part 2 of Art. 40 of the Housing Code of the Ukrainian SSR and indicate in relation to Part 2 of Art. 47 of the Constitution of Ukraine, a former serviceman who could be provided with living space in accordance with paragraph 19 of Regulation № 193. Third, if we consider the “modernity” of the Housing Code of the Ukrainian SSR in 1983, it certainly needs updating through the adoption of the draft Housing Code of Ukraine at the legislative level. In addition, the failure of the Government of Ukraine to resolve the issue of providing servicemen with living space requires the application of paragraph 19 of Regulation № 193, and Art. 40 of the Housing Code of the Ukrainian SSR, item 2 part 2 of which it is determined that citizens are removed from the register of those in need of better living conditions in case of departure to a permanent place of residence to another locality. It should be acknowledged that the mechanism of providing ex-servicemen with housing registered with citizens in need of better housing conditions by January 1, 2005 is imperfect.

Challenges in the Provision of Affordable and Decent Housing for Low Income Earners

2020 ◽  
Vol 7 (3) ◽  
pp. 13-29
Author(s):  
Jeffrey Kurebwa
Keyword(s):  
Low Income ◽  
Qualitative Methodology ◽  
City Council ◽  
Capital City ◽  
Housing Provision ◽  
Government Officials ◽  
Political Will ◽  
Research Participants ◽  
Regulatory Barriers ◽  
Harare City

This study sought to understand the challenges in the provision of affordable and decent housing for low income earners in the capital city of Zimbabwe, Harare. Various challenges relating to housing provision were identified by the research participants. These related to regulatory barriers, lack of political will and commitment, financial challenges, lack of inter-agency coordination. The study concludes that provision of low-income housing remains a big challenge in Harare, which calls for a multi-sectoral approach to address. The study relied on qualitative methodology. Research participants were drawn from Harare City Council, the private sector non-governmental organisations (NGOs), government officials, and residents.

Legal Framework to Gender-Based Violence, Sexual and Reproductive Health Rights of Indigenous Women in Cameroon

2019 ◽  
Vol 11 (4) ◽  
pp. 371-387
Author(s):  
Patrick Ageh Agejo
Keyword(s):  
Reproductive Health ◽  
Indigenous Communities ◽  
Well Being ◽  
Good Health ◽  
Legal Framework ◽  
Indigenous Women ◽  
Gender Based Violence ◽  
The Government ◽  
Gender Based ◽  
The Right

AbstractMen and women have different health profiles which necessitate different health needs, as a result of their biology and their distinct status in society. Discrimination and harmful traditional practices in many societies in the global south further affect the reproductive health of indigenous women. The paper will highlight discrimination against women in patriarchal indigenous communities in Cameroon. The paper focuses on violations that affect women’s reproductive health. The paper will discuss these violations in light of the country’s commitment to Sustainable Development Goal No. 3 on good health and well-being and Goal No. 5 on gender equality. The paper will also highlight the national and international laws addressing the right to the reproductive health of indigenous women. It will also examine gender-sensitive interventions, legislation and policies put in place by the indigenous community and the Government of Cameroon if any. The paper will end with conclusion and suggestions/recommendations on ways to improve the reproductive health of indigenous women in Cameroon.

scholarly journals Starving Millions and Right to Food

1970 ◽  
Vol 1 (1) ◽  
pp. 27-47
Author(s):  
Sai Teja Vangala ◽  
Anshuman Singh
Keyword(s):  
Food Security ◽  
Distribution System ◽  
Buffer Stock ◽  
Human Right ◽  
Political Will ◽  
Right To Food ◽  
Public Distribution System ◽  
Adequate Food ◽  
The Government ◽  
The Right

Right to food is a basic human right. In India, with increase in population the demand for food is on the rise. Providing adequate food to the teeming millions has been a challenge for the government. This paper explores the origin of right to food while placing the emphasis on the realisation of the right in its true sense. It argues that the state has failed to secure adequate food to its citizenry because of its misplaced priorities and lack of political will. It calls for strengthening of public distribution system and buffer stock to guarantee adequate food security to people.

scholarly journals HISTORY OF NOTARY IN UKRAINE IN THE PRE-REFORM PERIOD

2020 ◽  
Vol 1 (9) ◽  
pp. 13-18
Author(s):  
Yurii Demeshko ◽  
◽  
Keyword(s):  
Real Estate ◽  
Legal Framework ◽  
District Court ◽  
District Courts ◽  
Loan Commitments ◽  
Vacant Position ◽  
History Of ◽  
The Government ◽  
The Right ◽  
Justice Of The Peace

The article considers the process of evolution of notarial work in Ukraine during the second half of the XVIII – XIX centuries. The legal framework, which was the basis for the activities of notaries in the specified period of time, is studied. The contribution of merchants to the development of the institution of notary as a component and then a separate part of the judicial system of the empire is analyzed. This state was leading in the position of notaries in the second half of the XVIII –XIX centuries. Notaries prepared and certified various legal acts, giving them the meaning of public acts, engaged in the issuance of various types of evidence, compiling descriptions of property, public sales. The activities of the notary in each region were controlled by the provincial court, which checked the qualifications of the «applicant», appointed a person to the position of notary, checked his work. In the counties with the vacant position of notary, his functions were performed by a justice of the peace. The Regulations on the Notarial Part» of April 14, 1866 defined the rights and duties of a notary. It is investigated that the management of the notarial part under the supervision of judicial places was given to notaries and senior notaries who were at the notarial archives. In cities and towns where notaries were absent, attendance certificates were provided to justices of the peace. Notaries were appointed and dismissed by the senior chairman of the court chamber. The dismissal could not have taken place without a trial. Notaries were considered in the civil service with the assignment of the eighth grade, but they were not entitled to ranks or a pension for this title. It is noted that notaries appointed by the government had the right to enjoy the same rights as assistant secretaries of the district court. It was emphasized that they performed their functions only within the district to which the district court was assigned. In other regions, the act they carried out had no legal force. In all acts, notaries carried the secret of storage and non-disclosure, except for exceptions specified by the state. Notaries were required to keep a register of all acts, protests and certifications, as well as loan commitments and agreements. They had to carry out various acts at the request of the population: to issue extracts from act books and copies of acts, to accept for storage from individuals various documents. The senior notary had the same rights as members of the district courts. Senior notaries had the right to certify acts on the transfer of real estate, to approve acts and to make notes in the register of serfdom on the restriction of ownership of real estate.

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