Browsing by Author "Fitzgerald, Patrick"

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    A reconsideration of the prima facie case
    (2013) Fitzgerald, Patrick; Bradfield, Graham
    The topic of this dissertation is whether the requirement of' a prima facie case' and the approach to determining whether it has been met in the context of security arrests 'in terms of section 5(3) of the Admiralty Jurisdiction Regulation Act' ("the Act") is still appropriate, and if not, what should the approach and the requirements be both to security arrests and to attachments at common law and under the Act. One of the current requirements for obtaining the relief sought in (a) 'an application for an order for attachment to found or confirm jurisdiction' before courts exercising their general civil jurisdiction ("attachments at common law"); (b) 'an application for an order for attachment to found or confirm jurisdiction' before courts exercising Admiralty jurisdiction ("attachments in personam under the Act"); ( c) arrests in rem to enforce a claim in Admiralty ("arrests in rem"); and, (d) an application for an order for an arrest in Admiralty ("security arrests") is that the applicant must show 'that it has a prima facie case on the merits against the respondent.
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    A single public service for South Africa: Process and prospects
    (South African Association of Public Administration and Management, 2009-12) Abrahams, Lucienne; Fitzgerald, Patrick; Cameron, Robert
    The South African government machinery has historically been organised as the public service and the local government service. This created a perceived lack of alignment at the levels of policy and service delivery, which was seen as a reason for poor government performance in addressing development challenges. The Department of Public Service and Administration therefore proceeded to create the legislative and institutional basis for a single public service. South Africa has a complex set of development goals to which the public service must respond and this requires thorough-going public sector reform, with due attention to major reform trends elsewhere in the world. While the efforts to construct the single public service attempted to incorporate some of these trends, it appears to have fallen short with respect to constructing a development paradigm for government services.