A tentative schedule provided to the participants of a legislative drafting workshop, taught by Ann and Robert Seidman at Boston University

Seidman, Ann

Seidman, Robert B.

English

Boston University Institutional Repository (OpenBU)

Boston UniversityOpenBU http://open.bu.eduSeidman Research Papers Workshops, Notes and PapersDraft agenda: Workshop onDrafting Legislation for RuralDevelopment in South Africahttps://hdl.handle.net/2144/34851Boston UniversityDRAFT AGENDA: WORKSHOP ON DRAFTING LEGlSLATION fOR RURAL DEVELOPMENT IN SOUTH AJ.·•RICA May 24-May 28, 1993 (This draft is subject to change by the participants at any time during the workshop) 002 1 Aim of workshop: To drctft outlines of bills and accompanying memoranda of law directed to restructuring rural south African political econoritic institutions, using these as an· occasion to learn the theory and methodolo~y of legislative drafting for a new south Africa I. Monday, May 24; Theory and methodology for using law to restructure institutions A. 9-10:00 AM: Introductions: participants to explain where they are rrorn, their major areas of work, and what t1'1ey see as the priority rural problems requiring legislative action B. 10:15-11:00: Introduction to the relation between law and development. 1. The function of law in directed social change, a. Deve~opment not resource allocations, change. a matte:t· mf,!rely of changed but ~lso of institutonal { 1) Institutions as repetitive patte:n1s of behavior. b. Lnw is government's only instrument to buttress, change ~bolish or initiate institutions (the instrumenttll use of law, as opposed to law as declarative of rights and duties). c. Policy has no operative form until expressed in 1.·ules cc1pable uf lmplementation by the State .i.e., law. d. The limits of therefore are limits make pol icy; policy limits must fail. law to bring abuut change on government's capacity to which does not honor law's 2. The eduuatlonal theory behind this workshop. a. Learning the limits of lm•, ls best done by drafting a specific bill -- just as the best way to learn to ride a bicycle is by riding a bicycle. ~-----------------------------------------------------------------------------------------------------l)3:39 (U]3 04/12/93 ----------------- -BDSTCN Ut-l I1)EF6 I TY D04 follow from explanations warranted by evidence (lf Replace DBSA by another organization (2) Restructure DBSA ( 3) Others? 3 d. Implement proposed law changing status of DBSA and evaluate consequences (will never turn out exactly as anticipated) o. 2-5: 00 PM: Sma l 1 gro\lps to discuss and report on the nature or specif ii; lnstitutional difficulties confronting South African rural poor: 1. Small groups to assess the available evidence as to the nature and scope of the relevant problems in the following areas (to be revised by participants as desired) and consider whose and wllc\t behaviors comprise them: a. Access to fertile land and adequate water supply; b. Availability of inputs at appropriate levels of technology; c. Rural finance, including DBSA and other sources of credit; d. Access to markets (including transport, storage and processing); e. Extension education for African farmers and small scale rural entrepreneurs. 2. Groups report to plenary for concerning, for each arG?a, whose constitute the difficulty. general ct!H.1 vJhQ t dis<;ussion behaviors II. May 25: Formulating and testing explanations of rural south Africans' problems as the basis for drafting effective legislation for overcoming them. A. 9-12:00 AM: Sources of hypotheses explaining the behavior that constitutes the difficulty 1. Altern~ti ve gi-ancl theories { IJl=OC.:lo.:$::.ical, basic needs/ sLruGturalisrn, transforming institutionalism) and associated explanatory categories as possiblH ~uurc.:es of general explanutions of rural South African problems. a. Teasing specific explanntory hypotheses out uf -----------------------------------------------------------------------------------------------------os:.:l0 E:OSTDH UH l '✓'EF:S I TY 006 5 (2) its potential for maximiilng people-participation in decion-maldng; (3) its irnpact on eliminating apartheid and its consequences, women, children, the poor, and the environment; and (4) the opportunities it p:r-ovides for corruption and the development of a bureaucratic bourgeoisie. e. the proposal contains built-in proce~::Se::. for its own evaluation; 2. Generating alternative possiblf;! legislative solutions. a. comparative law b. Scholarly and professional literature c. Own ideas 3. Choosing between them: a. Ensuring that proposed draft legislation addresses causes of difficulties as indicated by explanations yenerated by considering ROCCIPI categories and warranted by available evidence. b. Ensuring adequate implementation (l) Three frequent choices (a) Transitive vs intt·ansi ti ve legislation (b) Old or new implementing institution (c) Reactive or proactive institution (2) Analyzing the proboble behavior of an implementing institution. c. Considering Lhe suc.:ial costs and benefits of implementing draft proposal, as uesc~lbed above. B. 2-5:oo Pl1: Small groups to outline and report to the pl~ua:i::y un Lhe draft legislation they would propose for their problem area, covering the following points: 1. Describing the alternatives considered -----------------------------------------------------------------------------------------------------08:41 E:os TCII l l_l!,J I 1, 1c::F"':, I TY C,C,7 08:42 BCISTCN LN l l.JERS I TY (1) 'coffee klatsches' or 'quilti.ng bees' (2) structured group analyses 7 b. A case study from Zimbabwe, Zambia and Tanzania 2. workshop pa1·ticipants discuss and compare their own experiences in implementing participatory research B. 2-5:00 PM: Small groups to discuss and report to plenary on plans for participatory research to fill in gaps in outline draft memoranda of law and proposed bills c. Plenary to decide future steps to be taken to advance preparation and presentation of the proposed legislative program for rural development in the new South Africa. 

Draft agenda: Workshop on Drafting Legislation for Rural Development in South Africa

https://open.bu.edu/bitstream/2144/34851/1/Development_Leg_South_Africa_DraftAgenda_1993_web.pdf

Draft agenda: Workshop on Drafting Legislation for Rural Development in South Africa

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