Browsing Dullah Omar Institute for Constitutional Law, Governance and Human Rights by Title
Now showing items 106-125 of 364
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Federal arrangements as a peacemaking device during South Africa's transition to democracy
(Publius: The Journal of Federalism, 2001-01-01)This article examines how federal arrangements were used during South Africa's transition to democracy to deal with the conflict posed by two important ethnic-based groupings: right-wing Afrikaners and Zulu nationalists. ... -
Federal homogeneity from the bottom up: Provincial shaping of national HIV/AIDS policy in South Africa
(Publius: The Journal of Federalism, 2003-01-01)The focus of uniform policy making in federal systems is usually on enforcing homogeneity on units within a federation, based often on the implicit premise that the center is "right," enlightened, or modern and that one ... -
Finding the balance: Fairness and equity, disconnections, credit control and debt collection
(Local Government Bulletin, 2012-06)While service delivery is one of the most important functions of local government, the Municipal Systems Act and case law make it clear that the duty to collect revenue and service fees and equally important to ensure ... -
First reading of the draft optional protocol to the International Covenant on Economic, Social and Cultural Rights
(ESR Review : Economic and Social Rights in South Africa, 2007)In an earlier article in the ESR Review (Chenwi & Mbazira, 2006) we indicated that governments were about to decide on whether to proceed with the drafting of an optional protocol to the International Covenant on Economic, ... -
First reading of the draft optional protocol to the International Covenant on Economic, Social and Cultural Rights : international development
(ESR Review : Economic and Social Rights in South Africa, 2007)In an earlier article in the ESR Review (Chenwi & Mbazira, 2006) we indicated that governments were about to decide on whether to proceed with the drafting of an optional protocol to the International Covenant on Economic, ... -
Five suggestions to fix local government
(State of Local Governance Publication, 2018)The past few weeks have brought the troubled state of local government to the fore with renewed vigour. The Auditor-General’s (AG) consolidated report over the 2016/2017 financial year presented a very bleak picture of the ... -
Formulating the pillars of a turnaround strategy About Previous issues
(Community Law Centre, University of the Western Cape, 2009)The turnaround strategy (TAS) for local government is gaining momentum. Initiated by the Department of Cooperative Governance and Traditional Affairs (CGTA), the TAS is aimed at identifying the drivers of the distress in ... -
From ambivalence to certainty : norms and principles for the structural interdict in socio-economic rights litigation in South Africa
(South African Journal on Human Rights, 2008)The parsimonious approach of the Constitutional Court in using the structural interdict in socio-economic rights cases has both been critiqued and also contrasts with that of the High Courts. Moreover, the Court has neither ... -
From physical to online spaces in the age of the #FeesMustFall protests: a critical Interpretative Synthesis of writing centres in emergency situations
(Sabinet African Journals, 2019)Writing centres play a vital role in guiding students in their academic writing. Central to this role is their physical location at tertiary institutions, where students usually walk in and schedule appointments with ... -
From physical to online spaces in the age of the #Feesmustfall protests: A critical interpretative synthesis of writing centres in emergency situations
(Stellenbosch University, 2019)Writing centres play a vital role in guiding students in their academic writing. Central to this role is their physical location at tertiary institutions, where students usually walk in and schedule appointments with ... -
From physical to online spaces in the age of the #FeesMustFall protests: A critical Interpretative synthesis of writing centres in emergency situations
(Sabinet African Journals, 2019)Writing centres play a vital role in guiding students in their academic writing. Central to this role is their physical location at tertiary institutions, where students usually walk in and schedule appointments with ... -
From the courts
(Community Law Centre, University of the Western Cape, 2010)The cart before the horse? An award of tender contracts before legal compliance? -
From the global to the local: The role of international law in the enforcement of socio-economic rights in South Africa
(Community Law Centre, University of the Western Cape, 2009)This research report demonstrates that international human rights law played a quintessential role in the drafting of the Constitution of South Africa, 1996, particularly the Bill of Rights, and that this was more so with ... -
The functioning of ward committees: Challenges and prospects
(Dullah Omar Institute, 2007)Ward committees were formally introduced in 2000, and many municipalities soon commenced the process of establishing them. The establishment rate of ward committees across the country now stands at over 90% and is growing, ... -
A gendered analysis of Section 48(2)(d) of the Zimbabwean Constitution of 2013
(Oxford University Press, 2017)The purpose of this article is to critically review the provision of section 48 (2) (d) of the Zimbabwean Constitution from a gendered perspective. Section 48 (2) (d) of the Constitution would seem to have abolished death ... -
Giving effect to the right to adequate housing : the need for a coherent (national) policy on special needs housing : legislationtion and policy review
(ESR Review : Economic and Social Rights in South Africa, 2006)According to the Centre for Housing Rights and Evictions (2006), the right to housing is one of the most widely violated human rights. Over a billion people worldwide have inadequate housing -
Giving money to children: the state's constitutional obligations to provide child support grants to child headed households
(South African Journal on Human Rights, 2004)One of the most tangible effects of the HIV epidemic is the growing number of orphans and the emergence in ever increasing amounts of households headed by children. These new family configurations pose a wide range of ... -
Government's obligation to unlawful occupiers and private landowners
(ESR Review : Economic and Social Rights in South Africa, 2010)On 4 February 2010, the South Gauteng High Court ordered the City of Johannesburg (the City) to pay rent to a property owner whose building was occupied by squatters. The Court also found the City's housing policy to be ... -
Grootboom: A paradigm of individual remedies versus reasonable programmes
(Southern African Public Law, 2011)The decision of the Constitutional Court (the Court) in the case of Government of the Republic of South Africa versus Grootboom was received as ground breaking by human rights practitioners, scholars and advocates the world ... -
A guide to the rights of inmates as described in the Correctional Services Act and regulations
(Community Law Centre, University of the Western Cape, 2010)The Correctional Services Act (111 of 1998) was promulgated in 2004 creating a rights-based framework for South Africa’s prison system. In 2008 the Correctional Services Act was amended by the Correctional Services Amendment ...