Saturday, January 18, 2020
International Police cooperation Essay
The international crime scene recently went agog with the arrest of one James Onanefe Ibori in Dubai. The incident may have been just another routine arrest, except that it was made by the Interpol (international police agency), and the individual in question was a Nigerian. Mr. James Ibori, wealthy politician and former governor of the oil rich Delta state of Nigeria was apprehended in Dubai where he was attempting to evade arrest from his home country Nigeria. The Economic and Financial Crimes commission (EFCC) in Nigeria had declared him wanted in connection with the embezzlement of $290 million dollars during his tenure as governor. Incidentally, the London Metropolitan police had also been hot on his trails for international money laundering. In one of the classic cases of International police cooperation, Mr. Iboriââ¬â¢s detention and eventual trial gives impetus to the global fight against crime. The world has become a global village. And just as we have witnessed dramatic advancement in technology, we have also had commensurate progress in crime and criminality. The scope of crime, whether financial or non financial, transcends borders, culture and creed. And as such any nation attempting to fight crime alone has failed long before it has begun. This is why American president Obama is rallying the entire world to join hands with him in the battle against terrorism. Even the most technologically advanced nation seems helpless when trying to fight crime on its own. In the case mentioned above, three countries are affected by cross border financial crime. In Nigeria, dealing with a man as powerful as Ibori might prove daunting. With his immense wealth and political connections, he has repeatedly evaded the law. Very recently in Nigeria, he had a 170 count corruption charge thrown out of court for insufficient evidence! When declared wanted again, he escaped the country surreptitiously. However, with hard evidence being offered by the London Metropolitan Police, including the freezing of Mr. Iboriââ¬â¢s assets to the tune of $35 million dollars in 2007, vital progress is being made. It should also be noted, that where the Nigerian anti corruption agency, and the London Metropolitan policesââ¬â¢ reach proved limited, the Dubai Interpol stepped in and made International policing one efficient, seamless exercise. Of course the drama is still far from finished, as Ibori has assembled a team of lawyers to fight against his extradition to the United Kingdom to face money laundering charges. What is however some form of consolation is the fact that collaboration in international policing is not only working, but seems to be yielding dividend. There however remain some gray areas that need to be sorted out as we move to achieve a better and more secure world. First, our international borders need to be made more secure, with the relevant security information disseminated expeditiously. How was Ibori able to escape to Dubai? Secondly, the international criminal code needs to be harmonized so that issues of jurisdiction can be worked out. Finally, there is the need for more active involvement by political leaders in the fight against international crime.
Friday, January 10, 2020
The Unusual Secret of Benefits of Government Regulation Essay Paper Samples Free
The Unusual Secret of Benefits of Government Regulation Essay Paper Samples Free At the exact same time, the role which regulatory agencies play in the growth of the medical care system shouldn't be disregarded. One of the most important negative impacts of social networking is causing a rapid rise in the ordinary weight of adolescents, which can be a significant problem later on. As stated by the research, the organization should make changes to social policies to be able to deal with the requirements of substance abusers. The system also has an impact on several businesses. The transportation of ethanol also needs to be made easier. The total complexity of the healthcare industry further justifies the expenses of the many regulatory efforts made by governmental agencies. The benefits of deregulation include the lack of compliance expenses and the usage of totally free market rules for the industry instead of regulations. New Questions About Benefits of Government Regulation Essay Paper Samples Free Essays are able to look very dull sometimes. Essay outline for college plays an important function. Below you can locate a sample essay outline structure to have a better idea on the best way to organize your own outline. You might also see course outline. You might also see presentation outline. A good outline is essential to ensuring students follow the typical essay-writing structure and remain on topic. You might also see chapter outline. Making an APA outline is the very first matter to do in developing a structure on what's going to be written in the paper and the way it's written. You will also get a complimentary outline, absolutely free formatting, absolutely free bibliography page, unlimited free revisions and a completely free plagiarism report. In addition, the ideas ought to be arranged logically. Fortunately, there's a simple means of finding the work done without the dangers of utilizing an informative essay sample. It does not have to be hard to think, when searching for essay writing help, that the use of examples of informative essays could be a simple means of finding the work done. When you haven't introduced any type of solution in your essay, perhaps encourage other people to become more conscious of your topic. Environmental regulations secure the environment for sustainable future and make sure our descendants would have the ability to dwell in at least satisfactory atmosphere. The very first corporations were created as a consequence of the partnership between influential small business establishments. The students will be supplied a rubric with the specific needs of the undertaking and what the use of the project is. Most nursing students understand how to conduct researches and incorporate them with the other concepts that they've learned in class in the actual world application. What Has to be Done About Benefits of Government Regulation Essay Paper Samples Free It's especially useful when it has to do with a huge research paper of some sort of academic essay that's big enough in dimension. The magnitude of a research essay is impressive also. You don't need to research or argue. English essay samples need to be thoroughly analyzed and understood for the youthful student before trying to compose his magnum opus. Essay outline acts as a spine for writing essays. An essay template can help you define the aim of your essay and stick with it. Formatting of an English language essay is just one of the crucial elements of the essay success. Occasionally it just helps to observe how others have tackled essays previously. Even with the ample number of substantial research materials and intelligent ideas, the essay may wind up flawed in the event the student doesn't have effective writing skills. All essays should be written withproper formating. Short essays, just like regular creative essays or, as an example, psychology coursework essays, could be assigned as homework or last assessment work at the close of the term or academic calendar year. Facts, Fiction and Benefits of Government Regulation Essay Paper Samples Free Formatting your essay is just a matter of plugging the perfect information into the appropriate locations. Our writers will design a complimentary cover page when you place an order with us, and that's only one of the totally free extras which are included. Moreover, our English-speaking writers make sure every order has original content and an appropriate structure.
Thursday, January 2, 2020
Health Behaviour Change Through Public Health Intervention
Comparison of ââ¬Å"Truthâ⬠and ALERT Interventions (a) Description The ââ¬Å"Truthâ⬠intervention was a mass media public health initiative that aimed at revealing truths untold by the cigarette manufacturers and was specifically initiated by the American Legacy Foundation. In its most basic form it can be described as an antismoking campaign that mostly targeted young people and thoroughly deglamorized the smoking behavior. Through the television campaigns, the intervention highlighted several things that concerned effects of smoking behavior not only to the young people but also to the adults because it was using the mass media. Firstly, it openly laid out both the short and long term effects of smoking habit and tinted smoking as undesirableâ⬠¦show more contentâ⬠¦These two interventions have also been proven efficacious using randomized controlled trial (RCT) and the test period for both of them is 30 days. Differences One of the biggest differences between truth intervention and the Alert project is lies on the method they are carried out. For the case of the truth intervention, the message is encoded and transmitted via the media. Television is the channel through which the message reaches to both the young and the old though the major target is the young people irrespective of whether they are cigarette smokers or not. On the other hand, project alert is mainly concerned with instituting the campaign in the school curriculum. This way, it aims at targeting all the school going youths in the sixth and seventh grade. For the case of project alert, the curriculum takes two years but the assessment is a lifelong thing. By the end of the seventh grade, every grader should know all the facts concerning tobacco consumption. On side of the truth campaign initiatives, you find that age is not a factor of concern. The ads reach out to everybody regardless of the age. Nevertheless, there studies that shows that children and mostly teens watch a lot of television and thus are the most targeted. In addition, the analysis of the impact of the television is focused on young people and this makings it be concluded that the formula is alsoShow MoreRelatedHealth Promotion : Theories And Models1660 Words à |à 7 PagesHealth promotion utilises theories and models to guide practice. A theory is the general principles of a framework of ideas in regards to a particular topic. (Merriam-webster.com, 2016) A model is a set plan of action based on theoretical ideas to achieve a set goal. (Merriam-webster.com, 2016) The difference between a theory and a model is that a theory is related to evidence based knowledge and a model is built on this knowledge although it is presented as a process to reach certain targets. TheRead MoreHealth Issues Of Health Of Women And Infants Essay1565 Words à |à 7 Pagesit. A mother plays a key role in aiding healthcare workers to mitigate the health crisis associated with childbirth by performing her duties faithfully. One such associated health crisis is ââ¬Å"Premature (preterm) birthâ⬠which occurs when the baby is born too early, before 37 weeks of gestational period(CDC,2015). It is an important public health priority in terms of health of women and infants. Extent of this public health problem: Every year an estimated 15 million pretaerm babies are born and thisRead MoreHiv And The United Kingdom1014 Words à |à 5 Pages2.1. HIV in the United Kingdom Public Health England released a report in 2014 on the data collected about the HIV epidemic in the United Kingdom. Men who have sex with men (MSM) are shown to be the most affected demographic group and are at the highest risk of becoming infected with HIV. In 2013, 40.4% of the 107,800 people living with HIV in the UK were MSM. The main way HIV is transmitted among MSM is through serodiscordant, unprotected intercourse, that is, one HIV-positive and one HIV-negativeRead MoreA Research Study On A Clinical Nephrology Study While Taking Zither Lessons744 Words à |à 3 PagesSurprisingly, it was my musical interests that introduced me to public health. The summer that I spend in China working on a clinical nephrology study while taking zither lessons gave me the opportunity to observe the consequences of a country so focused on economic growth that the public healthcare system remained underdeveloped. Many of the patients I have encountered at the hospital had limited access to prope r healthcare, health education and health facilities; needing to travel great distances into theRead MoreMany Children During The Psychoactive Effect That Stimulates1396 Words à |à 6 PagesMany children during the psychoactive effect that stimulates often produce in children, leads many to suppress spontaneous behaviour and to over focus on tasks. Through the figure of the child with mental illness there seems to be something at work here. A reconfiguration of childââ¬â¢s rights where harmful medication becomes essential, and where interventions that course harm become treatment. In order to expand its own muskets, the pharmaceuticals industry has been accused of helping to create andRead MoreAntimicrobial Resistance1044 Words à |à 5 PagesMeasuring public attitudes to antimicrobial use and resistance After many years of fruitful usage, antimicrobials are becoming less effective as a treatment for serious infections, due to the growing public health threat posed by antimicrobial resistance worldwide1. Inappropriate use of antibiotics amongst the public (e.g. antibiotic self-medication, treatment non-adherence, and irrational expectations for an antibiotic prescription) has played a key role in facilitating this evolving global crisis2Read MoreKey Principles For Successful Sm Interventions953 Words à |à 4 Pagesprinciples to successful sm interventions start off with clear behavioural goals, and theory such as gain frame, exchange theory and TPB. Participants must be well segmented from gender, age through to values and psychosocial behavioural norms. When working within a community context, a practitioner will face more than one aspect in order to prevent negative behavioural norms. For example it is possible that one intervention will tackle barriers to do with the environment , public policy, medical aspectsRead MoreThe Importance of Nursing Roles1089 Words à |à 5 Pagesthat a nurse makes through symptom analysis will aid the doctor in diagnosing the patient. This paper will first give a brief history of nursing and nursing roles and will focus on nursing theories and theorists. This paper will answer the question of how nursing theories helped to structure the nursing profession of today. In conclusion, this paper will focus on the importance of nursing roles in the modern healthcare system. British nursing has paved the way in the primary health care field of todayRead MorePrinciples Of Health Promotion And The Nurse s Role As Behavior Change Facilitator1502 Words à |à 7 PagesPrinciples of Health Promotion and the Nurseââ¬â¢s Role as Behaviour Change Facilitator Introduction This report explores the fundamental role of Health Promotion to the health sector and individuals in relation to their biological, psychological and sociological aspects. To discuss its practical role in the society, a health promotion model is related to a family that lives in socially deprived district as determined by Welsh Index of Multiple Deprivation (2014). In accordance to confidentialityRead MoreThe Effectiveness of Letà ´s Move Campaign1821 Words à |à 7 PagesOverweight and obesity, an excessive accumulation of body fat, is one of the major public health challenge in the 21st century, affecting one in every six people worldwide (World Health Organization, 2013a). According to the World Health Organization (WHO) estimation, globally over 42 million children under the age of five were overweight in 2010 (WHO, 2011). A recent study estimated that the worldwide prevalence of overweight and obesity among preschool children aged 2-5 years increased from 4.2%
Tuesday, December 24, 2019
Analysis of the songs Waiting on a Woman by Brad...
I have chosen to do two songs waiting on a woman by Brad Presley witch the whole song makes a gender stereotype about woman always making a man wait. The second song I choose to do is George Straits A fathers Love which enforces itââ¬â¢s hard to be a father and what a good strong dad role model is. Both songs spoke to me in different ways. Sitting on a bench at West Town Mall: He sat down in his overalls and asked me: You waiting on a woman: nodded yeah and said how bout you: He said son since nineteen fifty-two Ive been: Waiting on a woman : When I picked her up for our first date: I told her Id be there at eight: And she came down the stairs at eight-thirty: She said Im sorry that I took so long : Didnt like a thing that I triedâ⬠¦show more contentâ⬠¦Out of the six only one would go get something at the store without putting her make up on first and sheââ¬â¢s the one I fell in love with. When came time to do something with five of them if we had to be somewhere at six oââ¬â¢clock I would have to tell them it started at five oââ¬â¢clock not to be late. I know itââ¬â¢s a stereotype but seems like woman enforces this stereotype on themselves. What I mean they enforce the stereotype on themselves is I must look like this supermodel or actor before I am seen in public. When most women to me look good without make up but they think the makeup makes them look like Cindy Crawford. The Part of song when sings about it taking a year to plan a wedding. I am going throw this right now. I would not care if we went to the court house and had a wedding. I think she sees as time to show everyone how pretty she is. She has gone out and spent five thousand on a wedding dress to only be used once. The big church and reception is another five thousand. I keep thinking we could get a good used car for the price of this wedding. I have seen her yelling at her brides maids for not be able to read her mind. I am still waiting for her to yell at me. The p art of the song when says sometimes she does it ââ¬Å"cause she canâ⬠bring to mind what an old friend of mine has told me. She makes guys wait on purpose, especially on her dates, because in her opinion she believes that a man will want her more because he has waited on her and
Monday, December 16, 2019
A Fools Guide to Chicago Manual of Style 16th Edition-essay Samples Revealed
A Fool's Guide to Chicago Manual of Style 16th Edition-essay Samples Revealed Reliable on-line sources, like the official website for an artist, might be consulted for extra info. On-line works will also consist of retrieval info, for example, URL and the date of access. Evidently, you can't state the page quantity of an internet source, and therefore you don't. Include the internet address of the webpage. What to Do About Chicago Manual of Style 16th Edition-essay Samples Before You Miss Your Chance The Chicago Manual of Style is among the oldest and most complete style guides on the industry. Naturally, Chicago style may have deviations, therefore it is far better to check online examples as a way to perfectly know how to compose Chicago style essay. It offers writers a choice of several different formats. The Jewish Museum, nyc, NY. In any case, the writer has a chance to choose between both styles. That's the reason why it is a must-use tool for virtually any writer as it can quickly generate Chicago citations accurately and free of charge. In the event the website title isn't available, include the site owner in its place. Chicago style paper no title page is frequently the case when you're writing a more compact piece for instance, a 5-paragraph essay, and a different title page is simply unjustified. It's also unethical to cite a huge portion of the document. Both require an alphabetized collection of references at the close of the paper. The list of sources at the conclusion of the paper or at the close of the chapter is known as the bibliography. You devise a method of differentiating the amount of subheads. So, you can see web sites of essay writing companies and internet encyclopedias to be able to find any information on Chicago style you want. The very first time a source is cited, give the c omprehensive information as in the aforementioned example. When there's no particular example, search for similar forms of sources and use your very best judgment to offer enough info to your reader about the source. The True Meaning of Chicago Manual of Style 16th Edition-essay Samples If you're intimidated at the thought of making a book, there are lots of helpful sources out there to aid you. You should keep in mind that every minor mistake will count, which means you need to be very attentive and scrupulous. Either way, a superscript number corresponding to a note with the bibliographic information for this source needs to be put in the text following the close of the sentence or clause where the source is referenced. If you quote the very same source repeatedly in 1 paragraph, you place the citation only after the previous time. What You Can Do About Chicago Manual of Style 16th Edition-essay Samples Beginning in the Next Ten Minutes In rare situations, a bibliography en try might also be appropriate. Though useful, a bibliography isn't required in works that offer full bibliographic data in the notes. It is placed at the end of an assignment. You may set your bibliography and discography on the identical page. The suggested size of margins is 1 inch. The margins are set to an inch. It enables the mixing of formats, as long as the outcome is crystal clear and consistent. Footnotesare placed at the base of each page. The title page shouldn't have a page number. Instructors normally request a margin of a single inch. The Upside to Chicago Manual of Style 16th Edition-essay Samples Note as well you should never insert a number of footnotes right after each other. In-text citations are usually placed just within a sign of punctuation. Titles and affiliations related to the author ought to be omitted. Second, it requires the knowledge of the way to insert footnotes. The Importance of Chicago Manual of Style 16th Edition-essay Samples The entire citation for the source is subsequently included in a references section at the conclusion of the material. Its reference process is quite convenient as information on quotations is put in the base of the page, contrary to other reference styles were this info is provided right in the text which somewhat breaks its structure. The remaining portion of the work employs Arabic numbers. Set the recording i n the broader context you've discussed. Chicago Manual of Style 16th Edition-essay Samples for Dummies In this kind of situation you want to talk with your tutor or professor on the style to use given that each institution and tutor or professor has their preferred format. When many students ignore the necessity to cite the words of different individuals properly, teachers lower grades in the event the paper includes a high degree of plagiarism. Consult your teacher if it's ok to print two-sided. Chicago style is extremely popular with college and university students. Whatever They Told You About Chicago Manual of Style 16th Edition-essay Samples Is Dead Wrong...And Here's Why While individual citations for different kinds of sources will vary slightly in format, all of them contain some exact similar details. Please be aware this OWL resource gives basic information about the formatting of entries utilized in the bibliography. Most often, a specific formatting style is us ed for a specific area of knowledge. There are lots of significant reference styles utilised in academic writing.
Sunday, December 8, 2019
Important to Avoid Plagiarism
Question: Discuss about the Important to Avoid Plagiarism. Answer: Introduction Plagiarism is well known as where an individual takes another persons work or ideas and later on pass them as their own. It often occurs when individuals are writing articles and they copy the original work of another author and then present it as theirs. The ideas, language, thoughts and expressions of a particular author should be respected. However, a person who intends to use them should use appropriate citation so as to acknowledge the author. The lack of citing the work done is a serious offence and against the law, if its not an individuals original task. The persons taking place in the writing sector should ensure that they write their original work. On the other hand, they should cite whenever they borrow another authors ideas or thoughts. It is a violation of the writing ethical standards when plagiarizing another persons work. The standard of writing should be high and people should bring more ideas and thoughts so as to develop themselves without copy pasting previous aut hors tasks. It is advisable for the students or other upcoming authors cite other peoples words they use in the paragraphs when they paraphrase or summarize them. However, without doing so is considered theft known as plagiarism. Most of the students have been faced with the challenge of copying other colleagues assignments and presenting them as their own. In addition to that, individuals highly risk plagiarizing when they do not understand the materials they are using well enough for their benefit. Moreover, many persons rely heavily on the ideas of other people and mostly use them as their own. They should also learn the correct methods of citation so as to incorporate them in their article writing or assignments to be presented to their lecturers. On the other hand, one should give credit when using other authors ideas, opinions or theories. Secondly, quoting another individuals actual spoken words or other written words should be credited. Thirdly, paraphrasing other peoples written work an d also summarizing the concepts, facts, graphs or any drawings should be given the credit they deserve (Neville, 2010). Importance of Avoiding Plagiarism Contributing Something New to the Society It is highly recommended and important for one to write various articles in their words so as to bring something new other than the one the people have been used to. Reading the same content all the time is boring and no time the society will ever advance. However, so as to make changes in the society and make it grow there should be new ideas and content every time. Moreover, writing a particular topic in another way will help a particular individual understand it more than they previously did. Explaining a certain topic on various angles help the people grasp a particular concept better. The individuals should contribute new content from time to time so as to entertain the people and also develop themselves in their career of writing. The persons who major in writing novels should come up with the content that will attract the audience and make people read their books more and more. It is also important for the student to compose their own words without copying from their colleague s or any online content (Neville, 2010). It Saves Embarrassment and Low Grades among Students The writing in ones words as a student helps one achieve higher grades as the lecturers will be contented with their work. Plagiarizing another persons work in the learning institution only lowers the grades one can achieve and afterwards no good progress. The low grade one gets demotivates an individual and one is unable to study. The best thing is a student to write the assignments given in their own words and submit them directly without other colleagues copy their work. It will ensure that one gets higher grades that are essential for one to pass in a test and also get a good certificate at the end. The employers require a clean certificate for one to be offered a job or seek employment from any place. In addition to that, it enables a student to study the information properly and it helps one to pass the tests in various subjects. The teachers and the lecturers while teaching need students who can manage their work on their own and interpret in their own words. It reduces the em barrassment when being announced in front of the colleagues and also when the parents are notified (Lipson, 2008). It Helps One Build Their Career in Writing It is important to avoid plagiarism so as help build ones career in writing and also be able to come up with the right content that will attract the readers while reading. Composing ones own words is highly important and ensures that one is perfect in writing. Moreover, plagiarizing is like stealing another persons work which is an offence. It is punishable in a court of law and one can face a serious fine as it is termed as a theft. The individuals should ensure that they come up with good content that will motivate the persons reading. Plagiarizing the content demotivates an individual if caught and also lacks the people attention. It is therefore advisable for any person to ensure that they focus on writing their own content and establish ones ideas and thoughts. On the other hand, for one to be a good writer the initial content is important and also acknowledging other authors through citations and quotations. It gives an individual the confidence to present ones work to others ( Menager and Paulos, 2010). Moreover, it ensures that the books and articles that an individual writes gets market for other persons to read. The attractive content that one writes motivates the readers and helps one to build their career from day to day. Disadvantages of Plagiarizing There Is No Progress in Learning On the other hand, if an individual keeps on plagiarizing other peoples work in the learning institutions one does not learn anything. It ensures a person does not utilize their brains in the right manner as they depend on other persons for survival. A student should utilize their brain effectively and think to their level best as they handle the assignments given. It is important for one to deliver their original work and be honest as it improves ones learning. The research skills are vital as they help an individual to be able to handle their assignments. The lecturers do a great job in teaching the students on how to be able to research regarding various tasks. Moreover, when one does their own work it ensures that one progresses and gains more knowledge and experience. It also gives an individual the courage and confidence to undertake to present their books, articles or assignments. However, copying other students work is not essential as one ends up not learning anything. It al so makes an individual not to be independent as they will always depend on others. The lecturers and other teachers have ensured that the students present their original work. After they deliver their work, it is scrutinized through various softwares so as to certify that it has no plagiarism cases. The current sophisticated technology has made things easier and one just check submitting the document online and then it is analyzed (Lipson, 2008). It Is Academic Dishonesty In addition to that, it leads to the violation of the academic honor of a particular institution. There are severe consequences that one risks if one plagiarizes another persons work. Various organizations punish the students involved in the plagiarism cases. First of all, it destroys ones reputation as a student and no lecturer will value the work written. The teachers lose faith in you and term you as thief of other peoples work. Secondly, one is given a formal warning by the management so as to repeat the mistake again and if it happens it may lead one from being expelled from the school or being awarded low grades. It is therefore the duty of the student to focus and present their original work as instructed by the lecturers or professors. Thirdly, there is rejection of the assignment by the teachers and one may lack an opportunity to resubmit the task. It demoralizes an individual as one loses marks and hence failing in a particular subject. Fourthly, there is public shaming as one is demoralized before his or her colleagues by the professors as they never followed the instructions. It is required one to follow the instructions given and present clean work that will motivate even the reader for one to achieve higher grades. Lastly, it reduces ones qualifications and hence failing in a particular course. An individual wastes their time in the learning institutions as they end up with no certificates to show their qualifications (Pecorari, 2008). It Is a High-Risk Activity The individuals who engage in the plagiarism activities often break the law and is punishable in a court of law. It may lead to one facing serious fines or either jail sentence for the mistakes done and cannot be tolerated. The authors who specialize in writing books risk their articles being banned or losing their licenses to undertake the writing tasks. On the other hand, the books publishers should be aware and not publish a book that has plagiarized contents as they will end up getting fined. The laziness of an individual to compose their own content may lead them to a lot of consequences that will have a great impact in their life. The best thing to do is to come up with the original work or else cite the paragraphs where you have borrowed the ideas from another author. It increases the chances of an individuals work being accepted by the society at large. In addition to that, it endangers a person success in a particular career and it should be protected and developed in the ri ght manner. Among the learning institutions it ones records of plagiarism are recorded against ones profile. It reduces the chances of an individual to get a job in a particular organization or else advance learning in a certain institution. The student should at all costs avoid plagiarizing other persons tasks and be on their own while tackling the assignments. Conclusion In conclusion, plagiarism is not recommended and should be highly avoided at all costs. While using other peoples ideas, thoughts or concepts they should be cited always. It violates the ethical standards of writing when one engages in plagiarism offences. The lecturers should teach the students the research skills that will help them write their own articles or complete the assignments given. The individuals who do not engage in plagiarism develop their career and also attain high grades at the learning institutions.
Sunday, December 1, 2019
Procedural Fairness free essay sample
The Minister of International Relations did not properly consult with Ms Engels, the process that was conducted by the Minister was procedurally unfair.This is because according to section 33 of the 1996 Constitution of the RSA everyone is entitled to an administrative action that is lawful, reasonable and procedurally fair. According to the common law principle of audi alteram partem the administrator had to give the other party timely and proper notice of the intended administrative action and the author of the administrative act had to give the other party the opportunity to present his side of the case, unless the law provides the contrary to such an issue. Looking at the action of the Minister, the Minister did not give Ms Engels any notice of the intended administrative action or the opportunity to present her side of the story. Therefore, the Minister ignored the audi alterem partem rule unfairly, her conduct is as a result procedurally unfair. We will write a custom essay sample on Procedural Fairness or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Ms Engels has a right to approach a court.Looking at legislation the Promotion of Administrative Justice Act, when section 6(2)(c) is read with 3 and 4S 6(1) any person may institute proceedings in a court or a tribunal for the judicial review of an administrative action;(2) a court or tribunal has the power to judicially review an administrative action if;(c) the action was procedurally unfair.In determining if an administrative action was fair it will depend on the merits of each case. However, in order to give effect to a procedurally fair administrative action, an administrator must give a person the following minimum requirements: enough notice regarding the nature and purpose of administrative action (Nkomo Case, Bushula case, the Cape Killarney), an appropriate chance to make representation, a clear statement detailing the administrative action, options of review or internal appeals, and adequate notice of the right to request reasons in terms of s 5.(In Joseph v City of Joh annesburg, the Constitutional court held that the discretion to enforce the above requirements rests with the court). Ms Engels was not provided with any of the above, she was not informed of the nature and purpose of the administrative action, given a chance to make representation, any explanation of the administrative action, a chance to ask for reasons or information regarding her right to review or appeal the Ministers decision. Therefore, the requirements above were not followed.1Issues regarding the Discretions of the court are found in section 3(3). If only it is reasonable and justifiable, the administrator may depart from section 3 (2) as found in section 3 (4). However, such a departure has to take the following factors into consideration:1. The object of the empowering provision;2. The nature and purpose of and the need to take administrative action;3. The likely effect of the administrative action;4. The urgency of taking the Administrative action;5. The need to promote a good governance and efficient administration.Section 3 (5) allows a fair procedure if the administrator has departed from the Usual procedure. An administrative action in section 1 of PAJA is defined as a decision of administrative nature by an organ of state or juristic person exercising power or performing a public function in terms of any legislation which adversely affects the rights of any person and which has a direct external legal effect. It must be noted that s3(1) applies if the rights or legitimate expectations have been violated and such must be materially and negatively affected by an action of the administrator. If the decision taken by the Minister had adversely affected the public, section 4 would have applied. Because this section states the types of public participations such as Notice and comment, public hearings, and the combination, in order to ensure procedural fairness. At common law there is also what is called Nemo iudex in sau causa.This is a rule that is clearly against bias because for example it holds that no person may become a presiding officer on his own trial and that decision making must always be fair. A review is not only possible in terms of section 6(2) (c), but according to section 6(2)(a)(iii) a court has the power to review an administrative action where the administrator was biased or reasonably suspected of bias. In law there is a principle which state that justice should not only be done, but also be seen to be done.2In the SARFU case it was held that decision makers must approach each matter with an open mind and must impartially consider both sides, before making a decision. There must be nothing which indicates the existence of bias whether it is suspicion or an apprehension. In conclusion of the above, the administrative action of the Minister was not procedurally fair, the Minister did not consider Ms Engels rights at any point of her considerations as reported by the media. No consultation with Ms Engels was conduct or a public participation of any nature. The administrative action violated the common law principles, legislation and the Constitution. Therefore, such unfair procedure is reviewable in court and/or it can be appealed internally.(b)This concerns the reasonability of the action of the Minister, the question is, whether the Ministers administrative action was reasonable? Because ss 6(2)(f)(ii) state that anyone can refer a matter to court or a tribunal and such a tribunal or court can review an administrative action if the action was unlawful or irrational. And ss 6(2)(h) further holds that such an exercise of power or performance if it is lawful and is conducted for the purpose for which it was made and if it is unreasonable to the extent t hat no one could have exercised such power or function.Therefore ss 6(2)(f)(ii) and ss 6(2)(h) gives a right to challenge the Ministers decision on the basis of reasonableness, lawfulness and rationality. Ms Engels can thus challenge the decision of the Minister in court or tribunal to be reviewed.The common law also differentiated between an appeal and a review. Various tests for reasonableness were available to test legislative, judicial and the so called pure administrative action. In Union Government v Union Steel Corporation it was held that only an indicated unreasonableness was considered and a combination of other grounds of review also were available. In the National Transport Commission v Chettys Motor Transport it was held that an Administrative action could be reviewed only if it was grossly unreasonable. The above makes an impression that such action should be unequal, oppress, mala fide and unclear.3The Constitution tests whether the reasons for the administrative action can be justified. According to Yvonne burns, Jacques de Ville and De Waal, Currie ; Erasmus we need to look if the action was reasonable, rational, proportional and suitable. In Kotze v Minister of Health the common law test was applied, However in Standard Bank of Botswana v Reynolds it was held that unreasonableness was an independent ground of review and the common law test as stated above was not applicable. In Roman v Williams the court extended the Grounds of Review to include suitable, necessary, and proportionality. Such grounds are reasonable. Looking at all the case law mentioned above an inference could be made that the courts are inconsistently with regards to the grounds of review.Rationality focus on the biasness of the decision maker and it is objective (Carephone (Pty) Ltd v Marcus). Therefore, an action of the Administrator is reviewable if there is no connection that is rationally between the decision and the grounds found in ss 6(2)(f)(ii). There has to be proportionality, the administrator has to balance all appropriate means. Looking at the decision of the Minister, the decision was irrational, and it lacked proportionality because the Minister did not consider the individual rights of Ms Engels.Since there is no clear definition of what is reasonable, the is no need for the action of the administrator to be perfect but the decision has to at least be satisfactory and legitimate. Therefore, reasonableness will depend on the circumstances of each case. The courts should demonstrate a respect for the law and the decisions of the administrator. The court should in essence only interpret the law and ensure that that the rule of law prevails.In conclusion the Minister should have ensured that the rule of law is applied and not grant Dr G Mugabe immunity without consulting the courts and more so Ms Engels. Ms Engels can thus challenge the Ministers decision for non-compliance with ss 6(2)(f)(ii) and 6(2)(h) of PAJA. The Ministers decision was politically focused, although according to section 7 (2) of the Diplomatic Immunities and Privileges Act she has the power to confer such immunities she should have consulted all the relevant parties, hear them and make a relevant decision.4BIBLIOGRAPHYCora Hoexter Administrative Law in South Africa (Juta Cape Town 2007)Diplomatic Immunities and Privileges Act 37 of 2001 file:///C:/Users/Maebela/Downloads/diplomaticimmunitiesandprivilegesact.pdf accessed 16 May 2018Promotion of Administrative Justice Act 3 of 2000 file:///C:/Users/Maebela/Downloads/PAJA.pdf accessed 16 May 20185
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