1. Introduction In an increasingly developed world, underdevelopment continues to be of international concern.

However, in recent years, there has been growing acceptance that good governance is the key to any development or progress in Africa because it is seen to create an environment open to investment and growth. Indeed the New Partnership for Africa’s Development (NEPAD) claims that good governance is a precondition and foundation for sustainable development and poverty eradication (NEPAD Secretariat, 2003:58). This so-called good governance agenda contains several criteria or guidelines perceived as crucial for creating and maintaining good governance. For a country such as South Africa (the subject of this essay) which remains underdeveloped in certain areas of the country and developing in others, the good governance self-sufficiency and development. This essay will analyse South Africa’s compliance with the Good Governance Agenda by studying each of their standards, explaining their importance and examining South Africa’s observance of each one. This essay will begin with and background to South Africa in order to contextualise its current setting, before moving on to examining the standards. 2.Background to the Republic of South Africa The Republic of South Africa occupies the Southern extremity of the African main land. It is bordered by Namibia to the north-west, by Botswana and Zimbabwe to the north and Mozambique to the north-east. In 1910, the Union of South Africa including the British colonies of the Cape and Natal and the Afrikaner republics of the Transvaal and the Orange Free State was created as a self-governing dominion of the British Empire. In 1948, when D.F. Malan came into power he implemented Apartheid or race segregation. Due to this South Africa became a republic in 1961 and withdrew from the Commonwealth (Freedom House, 2006, Internet Source). The first democratic elections took place in April 1994, which resulted in a major victory for the African National Congress (ANC). The election in turn made Nelson Mandela president. South Africa is a young democracy and began the enormous task of reforming South Africa’s politics and economy from the apartheid system. South Africa adopted its first new constitution in February 1997. .

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3.South Africa’s compliance with the elements of good governance Good Governance is principally concerned with the exercise of power and its effect on the lives of the citizens and their standard of living within a country (Larmour,1998:1). In this regard several elements or components are provided by which to ‘operationalise’ good governance. Each of these will be examined in turn: their importance for good governance will be outlined and South Africa’s compliance with each will be studied to ultimately determine the extent of South Africa’s compliance with the good governance agenda. 4.1 Democracy (Form of Regime) Democracy is understood by many to be the cornerstone of good governance. It is believed that democracy promotes human rights, the rule of law, transparency and legitimacy and the participation of civil society (NEPAD Secretariat, 2003:59). With regard to South Africa, the Constitution of 1996 provides for a multiparty election in the form of a Republic. It allows for universal suffrage over the age of eighteen. There is a separation of powers between the judiciary, executive and legislature (CIA, 2007, Internet Source). The President is both the chief of state and head of government who in turn appoints cabinet of ministers. Presidential elections are held every five years. The legislative branch consists of a bicameral parliament consisting of 400 seats in the National Assembly and the National Council of Provinces. The judiciary is headed by the Constitutional Court, then the Supreme Court of Appeal, High Courts and the Magistrates Courts. Cape Town is the legislative capital and Bloemfontein is the judicial capital (CIA, 2007, Internet Source). The Constitution of the Republic of South Africa ruled is by the government. The African National Congress (ANC) is the only party that can amend the constitution as it’s the majority party in the government. There are several political parties and pressure groups exist and are all seen to participate in electoral competition. The African National Congress (ANC) is the majority party represented in parliament which controls eight out of the nine

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provinces. The electoral system is considered legitimate and credible by the citizens and the international community (SouthAfricaInfo, 2006, Internet Source). In 1994, South Africa had its first free and fair democratic elections monitored by international observers, despite political violence resulted in a complete success victory for the ANC and the election of Nelson Mandela as president. In 1999, the general elections saw the ANC claim two-thirds of the vote; Thabo Mbeki, won the presidency. The National elections in April 2004 saw the ANC won 70 percent of the vote and President Thabo Mbeki was sworn for his second term as president (Freedom House, 2007, Internet Source). The World Democracy Audit ranks South Africa as 42 out of 150. Political and Civil liberties are both ranked 2, which is very impressive for an Africa State (1 represents most 7 least free). Furthermore, South Africa is reported to be free (World Audit, 2006, Internet Source). South Africa has had difficulty with its democracy in the past. But since South Africa became a democratic state it has vastly improved. These scores thus indicate that South Africa is indeed an active democracy both in law and in practice, thus overall, South Africa complies with the democratic requirement. 4.2 Human Rights It is believed the respect for Human rights and fundamental freedoms is essential for good governance (African Union, 2002:19-20). The Freedom House Annual Survey (2006, Internet Source) ranks South Africa’s civil liberties to be 4.98 (scores are based on a scale of 0 to 7, with 0 representing weakest and 7 strongest performance). Freedom House (2006, Internet Source) states that South Africa’s performance is acceptable. The Constitution and the Bill of Rights provide South Africans with a comprehensive set of liberties that are generally enjoyed in practice. The rights that are included in the Bill of Rights are equality, human dignity and freedom from torture, inhuman and cruel treatment, freedom from child abuse, and a series of procedural rights for arrested, detained and accused persons (The Constitution of the Republic of South, 2005:6). A United States Report (2006, Internet Source) states that since the abolition of apartheid, levels of political violence in South Africa have dropped dramatically. There are high levels of crime and organised criminal activity. Due to this, vigilante action and mob justice occur. Members of the police commit abuses and deaths in

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police custody as a result of excessive force remain a massive problem. The government has taken action to investigate and punish some of those who such acts. In 1997, the government established an Independent Complaints Directorate to investigate deaths in police custody and deaths resulting from police action. South Africa’s society is going under a rapid transformation; gender discrimination is a major threat in South Africa. State entities such as South African Human Rights Commission (SAHRC) and the Office of the Public Prosecutor (OPP) are there to investigate gender discrimination (Freedom House, 2006, Internet Source). South Africa is a country fuelled with domestic violence, rape and discrimination against HIV/AIDS remains one of the highest in the world (US#1, 2006, Internet Source). South Africa’s freedom of religion is constitutionally guaranteed and protected by the government in practice. By law there is no official state religion, but South Africa has vast amount of religions that are in practice such as Christianity and Muslim. The state does not require religious groups to be registered (Freedom House, 2006, Internet Source). Freedom of association and peaceful assembly is secured by the Bill of Rights. Thus South Africa’s compliance with the human rights indicator is not absolute is not absolute. There is a major problem with crime, gender discrimination, race and religion hampers major problems. In addition, South Africa has a good record of first generation of rights since the beginning of the new democracy, but its poor economic conditions hamper its provision of second generation rights.

4.3 Transparency, Accountability and Access to Information The fulfilment of this standard is required to ensure protection against government error, the misallocation of resources and corruption (Blunt, 1996:6). Information must be made available and valid to ensure transparency and accountability. Transparency International (2006, Internet Source) notes that “corruption is a major cause of poverty as well as a barrier to over coming it”. Good governance is impossible in the presence of corruption.

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South Africa has emerged from decades of minority racialist rule as a parliamentary democracy rule under the new 1996 Constitution of the Republic of South Africa. Extensive political rights guaranteed by the Constitution which provides for adult suffrage, a national common voters roll, regular, free and fair competitive election. An independent Electoral Commission (IEC) and Electoral Court had been established to monitor any election irregularities. Such an example was in the 2004 elections when Inkartha Freedom Party (IFP) challenged the election results for Kwa-Zulu Natal at the Electoral Court. It was later thrown out of court.(Freedom House, 2006, Internet Source). Accountability is a key requirement of good governance. Not only governmental institutions and civil society organisations must be held responsible to the public and to their institutional stakeholders and accountability cannot be enforced without transparency. They will be held responsible for their actions or decisions (UNESCAP, 2006,Internet Source). For example, the ongoing corruption scandal over the Strategic Defence Procurement or arms deal in the ANC is the most oversight of parliament’s general function (Freedom House, 2006, Internet Source). This is a good example of an accountability mechanism of how transparency and accountability are good linkages. Corruption poses a very significant threat to South Africa’s new democracy and particularly rampant in members of parliament (Freedom House, 2006, Internet Source). For example, former ANC chief whip, Tony Yengeni and former South African deputy minister, Jacob Zuma were both find guilty of corruption. Due to this President Thabo Mbeki fired as him as deputy president (Europa World Year book, 2006:3970). South Africa features a wide-ranging anti-corruption framework with several agencies and special bodies claiming a legal mandate to prevent detect and combat corruption among senior officials, enforcement of these laws and related sanctions is serious problem in South Africa (Freedom House, 2006, Internet Source). Section 32 of the Constitution, which refers to the Promotion of Access to information Act, 2000 promotes the transparency, accountability and effective governance of public and private bodies (Burger, 2005:432). South Africa’s commitment to eradicating corruption, the World Democracy Profile (2006, Internet Source), ranks South Africa 41 out of 145 in their 2006 report ( lower

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scores are preferable). The Transparency International Corruption Index (CPI) 2006 (2006, Internet Source) puts South Africa at 4.6 (0 being highly corrupt and 10 being clean). Giving South Africa’s history of apartheid and high rate of crime it is not surprising that corruption continues to be a serious problem. South Africa cultivates a culture of transparency in order to uphold its new democracy 4.4Predictability in the Presence of a Legal Framework This indicator champions the rule of law and fair legal frameworks which should be consistently and impartially enforced. It promotes an independent judiciary and impartial police force who protect the vulnerable. These mechanisms create certainty and a stable environment in which the economy can flourish and good governance can be exercised. The South African legal system is the product of a synthesis between Roman Dutch law and English law. Although writers still describe South African law as Roman Dutch law. English law has a profound effect on the development and the contents of our law since the beginning of the 19th century (Malherbe and Rautenbach, 2004:21). The independence of the South African judiciary is guaranteed by the constitution, the courts-particularly the Constitutional and the Supreme Court of Appeal operate with substantial autonomy. Although defendants are granted a range of procedural rights, in practice, staff and resource shortages undermine South Africans’ right to a timely trial and state-funded legal counsel and have produced a large amount of backlog of cases. While corruption in the upper courts is not of a major concern, the magistrates’ courts have proven more susceptible. In addition, there have reports of violent intimidation directed at judges and magistrates (Freedom House, 2006, Internet Source). In addition, despite constitutional prohibitions and government efforts to the contrary, there were reports of torture and the use of excessive force by police during interrogation, arrest and detention. In theory South Africa’s legal frame work is very good, but in practice the law is highly corrupt (Freedom House, 2006, Internet Source).

4.5 Sound Economic Management

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This indicator relates to monetary, fiscal and trade policies. It examines public expenditure and economic stability. It prescribes to certain standards such as market orientated policies, property rights and central bank independence. Effective economic management is essential for development and thus good governance must incorporate into its agenda (NEPAD, Secretariat,2003:68). South Africa operates under a two-tiered economy. The South African Reserve Bank is the Central Bank of the Republic of South Africa. The primary goal of the South African Reserve Bank, as defined in the Constitution, is to protect the value of the currency. This requires the achievement and maintenance of financial stability (SARB, 2002, Internet Source). In 1990, after the end of apartheid the government introduced Reconstruction and Development Program (RDP) which was an economic initiative to improve the standard of living for the majority of the population. It does not really exist today, but number of government ministers and offices are charged with supporting RDP programs and goals. The Growth, Employment and Redistribution (GEAR) brought greater financial discipline and macroeconomic stability, but had disadvantages in certain areas such as formal employment and black empowerment (US#2,2007:Internet Source). In 2004 the South African Government was mandated to establish a government policy, known as Accelerated and Shared Growth Initiative (ASGISA) for South Africa. The main objective of ASGISA is to halve poverty unemployment, the macroeconomic policy, trade and Industrial policy by 2014 (SA Gov Info, 2007, Internet Source). South Africa is one of the few African countries to have joined the group of upper middle income countries. Its economy is larger than that of Malaysia, and by so far the largest in sub-Saharan Africa and about 40 percent total of sub-Saharan African Gross Domestic Product (GDP). The GDP exerts a major influence on total output, trade and investment flows of the African continent. It dominates the Southern African region, where it plays a vital role in the regional economic institutions, such as Southern African Customs Union (SACU) and Southern African Development Community (World Bank, 2007, Internet Source).

South Africa is the world’s largest producer of gold and platinum and its welldeveloped mining, services, manufacturing and agriculture sectors rival those in the

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developed world. But South Africa’s investment freedom, property rights and freedom from corruption could be improved (Heritage, 2007, Internet Source). In 2002, South Africa recorded a visible trade deficit of 281 million dollars, while there was a 7, 442 million dollars on the current account of the balance of payments (Europa World YearBook, 2006:3975). South Africa’s major trading partners are the United Kingdom, Germany, Italy, Belgium and Japan. Exports reached a total of 28, 2 percent of GDP, which was a rise of 11,5 percent than from ten years ago(US#2, 2007, Internet Source). 4.6The Role of the Military This indicator examines the role of armed forces. It encourages a politically neutral military, under civilian control that is committed to serving the country (Baylies,1995:331). During apartheid South Africa two year conscription was compulsory for all men after they finish school. The military service age for voluntary service is now 18 years of age. Women have a long history of military service in non-combat roles dating back to World War One (CIA, 2004, Internet Source). South Africa’s military and police institutions have undergone a tremendous transformation since the end of apartheid. The new South African National Defence Force (SANDF), defence force of the former members of the South African Defence Force (SADF) and the defence force of the former homelands. The SANDF consist of four military branches namely the South African Army, South African Airforce, South African Navy and South African Military Health Services (Encarta, 2007:CD ROM). South Africa’s estimated military expenditure in 2006 was 1, 9% of GDP and 3,55 billion dollars (CIA, 2006,Internet Source). The SANF has a special Military Skills Development program which aims to improve to improve the readiness of the South African Army, Airforce, Navy and Medical Service. It was established in 2002, with the amount of recruits influenced by budgetary restraints (Encarta, 2007:CD ROM). Recent actions on behalf of the South African military include an invasion of Lesotho to restore the democratically-elected government after a coup. South Africa is committed to providing United Nations Peacekeeping troops to countries such as the Democratic Republic of Congo (DRC) and Burundi. An operation to Sudan has started and will increase to Brigade strength (CIA, 2006, Internet Source).The armed forces fall under the control of the Ministry of Defence.

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4.7 Social Development This standard encourages the equitable promotion of well being for all citizens. If this standard is met it improves the legitimacy of the government and such as a valuable tool for good governance (NEPAD, Secretariat, 2003:59,62). Two types of statistics are used in Social Development namely the Gini Coefficient (measuring the degree of income inequality) and the United Nations Human Development Index. South Africa HDI for 2006 was 0,653, which gives South Africa a rank of 121 out of 177 countries. South Africa’s Gini coefficient is 0.59 for 2006, which indicates South Africa has a major wealth problem. South Africa’s Human Poverty Index for 2006 was 30, 9% which ranks South Africa 53rd out of 102 developing countries (UN, 2006, Internet Source). Education has been legally desegregated, since the end of apartheid; in practice most black children are restricted to ill-equipped schools. In the early 1990s expenditure for white pupils was four times higher than that of black pupils. The teacher-to-student ratio for blacks was 1:60 for blacks in urban areas and 1:90 in the rural areas. On the other hand, the teacher-to-student ratio for whites was 1:30. The literacy rate for 2005 was 87% (Encarta, 2007: CD ROM). The South African government has a good aids policy, but they do not know how to implement it Fourie, Interview). South Africa is one of the worst countries affected by HIV, with five million HIV infected individuals. Twenty percent of the 15-49 population age group is infected and more than 35 percent of women who are pregnant are infected with the virus. 1,700 infections occur every day and 40 percent of deaths are aids related cases. There is an estimated 660, 000 children who lost one or both parents due to AIDS. The infant mortality rate is 60,66 deaths per 1000 births, which results in a life expectancy rate of 42 years. By 2010, without proper treatment five to seven million deaths could occur (US#2,2006: Internet Source). There Violence is the most serious social problem in South Africa; in the early 1990s the country was estimated to one of the most dangerous in the world, with over 40,000 murders a year. Even so, most of the crime and political violence can be traced back to apartheid. The enormous housing shortage for blacks has helped create the conditions for violence. The high rate of unemployment, especially among black youths, also tends to cause the high rate of crime (Encarta, 2007: CD ROM).

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South Africa’s social development seems to be improving. But there still seems to be major problems like education, crime and unemployment, which have to be adhered to. 4.8 Participation by Civil Society in South Africa The participation of civil society is necessary in order for government to effectively satisfy demands and be legitimate. Participation also ensures in accountability and transparency. In this way civil society ensures good governance (Sadie,2004:4). Freedom of association and peaceful assembly are secured by the constitution and South Africa features larges variety of civil society (Freedom House, 2006, Internet Source). South Africa allows for the activities of several non-governmental organisations (NGO) such as Amnesty International South Africa, the Red Cross, and Institute for Democracy in South Africa (IDASA) and other several local organisations. IDASA’s activities include promoting democracy based on active citizenship, democratic institutions and social justice. IDASA has a Political Governance Programme (PGP) which seeks to enhance methods by which citizens are empowered and can give their opinion on the parliamentary governance process (IDASA,2007: Internet Source). Press Freedom is ranked by the World Audit (2001, Internet Source) at 35 out of 150 countries. Freedom of the press and expression, is protected in the constitution is generally respected. The media are sharply critical of the government, political parties and other societal actors. Civil society ensures that organisations are allowed to be heard regarding any concerns it may have. South Africans are free to join and form and participate in trade unions. Labour rights codified under the 1995 Labour Relations Act and more than 250 trade unions exist, such as National Union of Mine Workers and Congress of South African Trade Unions (COSATU) (Freedom House, 2006, Internet Source). South Africa’s legislative elections take place every five years. The election allows the citizens to choose a country’s leadership on the basis of a diverse menu of national programmes and ideological orientations of political parties (Matlosa, 2005:5). The above element of good governance promotes the participation of civil of society and thus South Africa is complying with this standard.

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4.9Equity and Inclusiveness This standard states that all members of society need to feel included to further the promotion of good governance. It includes aspects such as gender equality, equitable representation of all groups, protection and promotion of women’s vulnerable groups’ rights (UNESCAP, 2000, Internet Source). South Africa’s gender related development index (GDI) is 0,646 should be compared to its HDI value of 0, 653. Its GDI value is 98, 9% of its HDI value. Out of the countries with both HDI and GDI values, 83 countries have better a ratio than South Africa. This indicates that South Africa has major gender discrimination towards women (UN, 2006, Internet Source). Equal rights for women are guaranteed by the constitution and promoted by the constitutionally mandated Commission on Gender Equality. While the constitution allows the option and practice of customary law, it allows such law to super cede the constitutional rights assured to women as South African citizens. Nevertheless, women suffer de facto discrimination with regard to issues surrounding marriage, divorce, inheritance and property rights. Women are subject to wage discrimination in the workplace and are well represented in top management positions. In June 2006, President Thabo Mbeki appointed Mineral and Energy Minister Phumzile MlambaNgcuka as deputy president (Freedom House, 2007, Internet Source). An important economic equality and equity program in South Africa is the Black Economic Empowerment which redress the inequalities of the past by giving disadvantaged non-whites economic opportunities previously not available.It includes indexes such as Employment Equity (Encarta, 2007:CD ROM). 4.10Government Capacity This indicator examines the ability of government to design, formulate and implement policies and discharge functions. This requires competent officials to ensuring the security and well-being of citizens. The very nature of this indicator forms an integral part of the concept of good governance (Weiss, 2006:611). The National Assembly forms the sole legislative arm of power. This allows for broadbased discussion on the adoption of policies to meet ensure they meet citizen demands. This body effectively formulates and discharges functions and various sub-committees to ensure their implementation.

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In the local and national government there is a major government capacity problem. As such vacate positions are not being filled with adequate and skilled people. There is money readily available. Due to money being readily available makes corruption even worse. Ministers are being bribed by construction workers to employ that certain construction company. There is a high instance of nepotism cases as government employers only employ family workers. There is major fraud and stealing in the government for instance Former Deputy President Jacob Zuma and Scbair Schaik in the Arms Deal Case (Freedom House, 2006, Internet Source). 4.11Public Sector Efficiency This indicator examines the activities of the civil service and judiciary. It studies the efficiency of revenue collection and how expenditure is conducted to meet Society’s needs through efficient public resource management (UNESCAP, 2000, Internet Source). The efficiency of the public sector contributes to good governance. South Africa’s judiciary is corrupt and inefficient as such fails to meet this standard. Civil servants have been noted as corrupt in their processing of paperwork for new business. A major crisis in the delivery of public services such as the transport system and home affairs receiving anti-retroviral, ARV) treatment in the public sector and there is not enough doctors and clinics in the rural areas. As stated before, South Africa is hampered by lack of skills shortage in the public sector. Revenue collection and local programmes are effectively and efficiently managed well, however it has been improving since the end of apartheid (Encarta: 2007, CD ROM). 5.Conclusion There is difficulty judging South Africa’s compliance with good governance agenda. Of the eleven indicators listed in this essay. South Africa complies with military, participation by civil society is promoted and sound economic management is developing. However within the indicators it was noted South Africa had to work in areas on reducing discrimination, for instance women’s rights. Furthermore, South Africa failed to comply with indicators regarding accountability, equity and inclusiveness, transparency, government capacity, South Africa’s legal framework and social development. There is a high corruption rate that has to be improved. South Africa is still living in the apartheid era certain parts of the country. Even though the country is a young democracy, but it can improve by 2010. Thus overall South Africa cannot be judged to fully comply with the good governance agenda.

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6. Bibliography Documents:

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African Union, 2002. NEPAD Declaration on Democracy, Political, Economic and Corporate Governance. African Union, South Africa. Baylies C, 1995. Political Conditionality and Democratisation. Review of African Political Economy Vol. 65. Blunt P, 1999. Cultural Relativism, Good Governance and Sustainable Human Development. Public Administration and Development, Vol. 15, 1-9. Larmour P, 1998. Making Sense of Good Governance. Australian National University, Australia. NEPAD Secretariat, 2003. Objectives, Standards, Criteria and Indicators for the African Peer Review Mechanism. NEPAD, Nigeria. Ramsamy P, 2004. From Policy to Implementation Nepad’s Paths to Progress. Unknown Publication. Sadie Y, 2004. The Quest for Good Governance in Africa: Issues and Debates”. Unknown Publication. Weiss T, 2000. Governance, Good Governance and Global Governance. Third World Quarterly Vol. 21 (5).

Encyclopedia: Europa World Year Book. 2006.South Africa Europa Publications, London. Vol. 46. no. 2. pages 3964-3997 CD-ROM: South Africa (2007). Microsoft Encarta 2007 {CD ROM}: U.S.A. Microsoft Corporation. Constitutions Republic of South Africa, Act 1996 Interview

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Fourie, Dr P.F. Politics Lectuer at the University of Johannesburg. Interview 25 April, 2007. Internet CIA World Factbook. 2006, South Africa Internet Source, Accesed 1 April 2006. http://www.cia.gov/cia/publications/factbook/geos/ml.html Freedom House. 2005, Country Report – South Africa, Internet Source, accessed 23 March 2007. http://www.freedomhouse.org/template.cfm?page=16&year=2005&country=6785 IDASA. 2007, About IDASA, Internet Source accessed, 2 April 2007

http://www.idasa.org.za/about.asp South African Info. South Africa-Economy Overview Internet Source, accessed 24 March 2007. www.southafrica.info/doing_business/economy/econoverview.htm South African Reserve Bank, 2002, South African Reserve Bank-Activities http//www.reservebank.co.za/internet/publication.nsf/LPTV/SARB+activities?OPEN The World Bank. 2005, South Africa- Country Brief, Internet Source, accessed 23 March 2007. http://web.worldbank.org/WBSITE/EXTERNAL/COUNTRIES/AFRICAEXT/MALIEXT N/0,,menuPK:362193~pagePK:141132~piPK:141107~theSitePK:362183,00.html

UN Human Development Report, 2005. Country Fact Sheet – South Africa. Internet Source, accessed 23 March 2006. http://hdr.undp.org/statistics/data/country_fact_sheets/cty_fs_MLI.html [U.S. # 1] U.S. Department of State. 2005,South Africai – Country Reports on Human Rights Practices – 2004. Internet Source, accessed 23 March 2007. http://www.state.gov/g/drl/rls/hrrpt/2004/41614.htm [U.S. # 2] U.S. Department of State. 2006, Background note – South Africa, Internet Source, accessed 23 March 2007. http://www.state.gov/r/pa/ei/bgn/2828.htm

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World Audit. Org, 2005. South Africa: World Democracy Profile. Internet Source, accessed 23 March 2006. http://www.worldaudit.org/countries/mali.htm Books Burger, D.,2006. South Africa Year Book 2005/2006. STE Publishers, Yeoville. Malherbe, E.F.J and I.M. Rautenbach 2004. Constitutional Law, Lexis Nexis, Butterworths, Johannesburg.

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