- ItemAlgorithmic decision-making and the law(Department for E-Governance and Administration, Danube University Krems, 2020) Brand, DirkThe Fourth Industrial Revolution is reshaping the world we know dramatically and is characterised by a close interaction between the biological, digital and physical spheres. Digital technologies are impacting all facets of our lives and create a series of new opportunities but also various challenges. The Fourth Industrial Revolution does not follow a linear development trajectory, but due to the diverse nature and rapid pace of technological developments, could rather be compared to a series of networks with multiple connecting points. This has caused the development of the law which deals with these concerns to generally be slow and unable to match the pace and scope of technological developments. In the context of public law there are many questions and challenges relating to individual rights, for example the right to privacy, and the role and responsibilities of government relating to policy development and regulation dealing with the Fourth Industrial Revolution. The concept of a Rechtsstaat could arguably provide an appropriate legal framework for shaping the ethical framework, normative standards and a value-based governance model for the Fourth Industrial Revolution, including for algorithmic decision-making. The public law concept of accountability should be contextualised in order to apply it to algorithmic decision-making. In the data-driven economy of the 21st century the pace and scope of technological developments that impact humanity requires the development of appropriate legal frameworks to reflect and accommodate the needs of society, in particular relating to the recognition of fundamental human rights. It is concluded that a broad set of ethical and legal principles, which can guide the development of international and national legal frameworks to regulate algorithmic decision-making, is needed.
- ItemDeveloping and implementing an effective framework for cooperative governance and Local Economic Development (LED) in South African local government(Megatrend University, 2022-05) Kamara, Richard DouglasThe lack of a comprehensive institutional framework to promote joint participation in the development of local economies has hampered grassroots development efforts in South African communities. The majority of the South African local government authorities struggle to fulfil their developmental mandate. Notably, there’re certain collaborative governance factors that tend to enhance the effectiveness and control of localised development. These factors are not captured in the integrated conceptual model that articulately depicts the relationships between these variables and their impacts on the perceived outcome of LED. This negatively impacts the municipality’s ability to manage localised development well in collaboration with relevant stakeholders. A complete understanding of the relationships and dynamics of these variables is required to make recommendations for improving management and response to socio-economic concerns within the community through improved LED governance. Data were collected in six municipalities in the Western Cape, South Africa, to address these challenges. A qualitative study design paradigm based on interpretive philosophy was employed. The instruments used to collect the data were document reviews, interviews, and focus group discussions. The study analyses and evaluates the design and implementation of collaborative governance policies and initiatives in selected local governments in the Western Cape, South Africa. A normative, collaborative governance framework was developed in the study. This captures not only the enhancing and limiting factors of LED but also the relationship between these factors that can hinder the success of the collaboration between local governments and other key stakeholders. This integrated framework/model can inform future design, implementation, and evaluation of LED co-governance in small towns and future policies for improving co-governance and LED in small towns.
- ItemCorridors of Clarity: Four Principles to Overcome Uncertainty Paralysis in the Anthropocene(2020-11) Polasky, Stephen; Crépin, Anne-Sophie; Biggs, Reinette, 1979-; Carpenter, Stephen RGlobal environmental change challenges humanity because of its broad scale, long-lasting, and potentially irreversible consequences. Key to an effective response is to use an appropriate scientific lens to peer through the mist of uncertainty that threatens timely and appropriate decisions surrounding these complex issues. Identifying such corridors of clarity could help understanding critical phenomena or causal pathways sufficiently well to justify taking policy action. To this end, we suggest four principles: Follow the strongest and most direct path between policy decisions on outcomes, focus on finding sufficient evidence for policy purpose, prioritize no-regrets policies by avoiding options with controversial, uncertain, or immeasurable benefits, aim for getting the big picture roughly right rather than focusing on details.
- ItemThe legal public–private partnership framework and policy implementation in Uganda(2020-10) Mugurura, Jude; Ndevu, ZwelinzimaBackground: This article is based on a multidimensional empirical research study investigating aspects of the suitability of the public–private partnership environment of Uganda for road infrastructure development. The foundation of the article is the implementation of the relationship between existing legal and regulatory frameworks on the ground in Uganda.Aim: Key aspects and realities of the legal and policy frameworks that support public–private partnership, road investment projects and programmes in Uganda are examined from the perspective of a transparent, effective and efficient service delivery.Setting: A brief exposition of Uganda’s historical realities and present challenges, especially in terms of road infrastructure, an introduction of key aspects of the legal and regulatory frameworks is presented.Methods: The research is based on an exploratory research design methodology founded on a thorough literature review, exhaustive documentary analysis of primary and secondary sources and 30 interviews with senior and middle managers in the public and private sectors in Uganda. A semi-structured questionnaire was utilised.Results: The analysis of data was based on a dissection of the policies and systems as foundations of solid implementation, existing legal violations, the local private sector’s present conundrum and capacity gaps, the realities of integrity and corruption and the existing approach of citizens towards the problems and challenges.Conclusion: The lack of integrity in both the private and public sector has serious negative effects on the processes, functions, planning, designing, outputs and outcomes of infrastructure initiatives undertaken.
- ItemAccountability in the context of cooperative governance and local economic development (LED) in South African local government(Megatrend University, 2021) Kamara, Richard DouglasProvided the tensions and challenges found in different types of governance systems for developing clear objectives, effective policy implementation strategies, as well as monitoring and reporting mechanisms aimed at improving efficiency and sustainability of initiatives, this paper seeks to contribute to both theoretical and practical debates surrounding cooperative governance and LED. Whilst better policy outcomes that fit with local and differentiated needs among stakeholders may be one of the drivers for moving towards cooperative governance, there is a normative question of accountability. Does the common feature of flexible and adaptable arrangements in cooperative governance create accountability deficit, specifically promoting laissez-faire approach commonly associated with the implementation among role-players? This paper considers this question and the extent to which accountability may be ensured. To address these concerns data were collected from six municipalities in Western Cape, South Africa. A qualitative research design paradigm based on Interpretivists/Constructivists philosophy was employed. Data were collected through three data collection instruments, namely, document review, interviews and focus group discussions. This paper argues that employing Key Performance Indicators as commonly used in the public service to promote accountability is difficult to enforce specifically in collaborative endeavours where participatory is voluntary. The paper recommends some accountability promotion enhancers. This will assist in improving the understanding of the context that may inhibit or enable stakeholders in taking full advantage of collaborative-led developmental interventions to further peoples’ lives and to enhance their opportunities to partake in matters of development in their municipalities.