Browsing Dullah Omar Institute for Constitutional Law, Governance and Human Rights by Title
Now showing items 150-169 of 364
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Indefinite imprisonment in South Africa: The difference between life and indefinite imprisonment
(Dullah Omar Institute, 2018)In May 2018, Pieter Van Tonder was sentenced to indefinite imprisonment in the Cape High Court. Van Tonder brutally assaulted and murdered the 16-month old baby of his ex-girlfriend. This case happened shortly after the ... -
Initiating constructive debate: a critical reflection on the death penalty in Africa
(Comparative and International Law Journal of Southern Africa, 2006)For the first time in the agenda of the African Commission on Human and Peoples' Rights, during the 36th Ordinary Session (2004), the death penalty was one of the issues discussed. Commissioner Chirwa initiated debate on ... -
Institutional subsidiarity in the South African Constitution
(Stellenbosch Law Review, 2010)This article explores the connection between section 156(4) of the Constitution and the principle of subsidiarity as it is found in legal theory and practice. It explores the historic background of the principle as well ... -
Intergovernmental fiscal relations in South Africa and the role of the Financial and Fiscal Commission: A 20 year review
(Community Law Centre, University of the Western Cape, 2014-07)The Finance and Fiscal Commission is government’s primary advisor with regard to intergovernmental fiscal relations. Its constitutional entrenchment and establishment in 1994 signalled that the post‐apartheid government ... -
Intergovernmental planning and budgeting in Zimbabwe: Learning the lessons of the past
(Commonwealth Journal of Local Governance, 2017)In Zimbabwe, the Prime Minister’s Directives on Decentralisation and Development of 1984 and 1985, together with the Provincial Council and Administration Act 1985, constitute the foundation for postindependence attempts ... -
International human rights norms and the South African choice on termination of pregnancy act: an argument for vigilance and modernisation
(South African Journal on Human Rights, 2019-04)The right to access abortion services as an integral component of the right to sexual and reproductive health (SRH) has been increasingly recognised in the field of international human rights law. However, much more progress ... -
The interrelationship between equality and socio-economic rights under South Africa's transformative constitution
(South African Journal on Human Rights, 2007)This article develops the interrelationship between the equality and socio-economic rights in the Bill of Rights to enhance the responsiveness of our jurisprudence to the mutually reinforcing patterns of poverty and ... -
Involuntary sterilisation as a form of violence against women in Africa
(SAGE Publications, 2017)This article examines the meaning and nature of sterilisation. It equally discusses the historical context of involuntary sterilisation and its likely human rights implications. More importantly, it discusses the decision ... -
Jabulani Zulu and 389 Others v eThekwini Municipality and Others CCT 108/13
(ESR Review : Economic and Social Rights in South Africa, 2014)On 6 June 2014, the Constitutional Court handed down judgment in the case of Jabulani Zulu and 389 Others v eThekwini Municipality and Others. -
Judicial remedies and socio-economic rights : a response to Christopher Mbazira
(ESR Review : Economic and Social Rights in South Africa, 2008)Christopher Mbazira has produced a lucid, well-researched and thorough study of judicial remedies in cases concerning socio-economic rights. This response seeks to engage critically with Mbazira's claims by raising certain ... -
'Jumping the queue', waiting lists and other myths : perceptions and practice around housing demand and allocation in South Africa
(ESR Review : Economic and Social Rights in South Africa, 2014)On 13 and 18 June 2014, the Socio-Economic Rights Project of the Community Law Centre, University of the Western Cape, held roundtable discussions in Cape Town and Johannesburg on housing demand and allocation in South Africa. -
Jumping the Queue', Waiting Lists and other Myths: Perceptions and Practice around Housing Demand and Allocation in South Africa
(Community Law Centre, University of the Western Cape, and Socio-Economic Rights Institute of South Africa, 2013)Since 1994 the South African government, through its National Housing Subsidy Scheme (NHSS), has embarked on the large-scale provision of state-subsidised housing to low-income households across the country. Over 2 million ... -
The Juvenile Justice Law Reform Process in South Africa: Can children's rights approach carry the day?
(Quarterly Law Review, 1999)The impetus for juvenile justice law reform sprang originally from concern for the plight of child detainees in the dark days of apartheid in the 1980s. Children, who were at the forefront of the struggle for democratic ... -
Juvenile justice review 1994-1995
(South African Journal of Criminal Justice, 1995)This review of the state of juvenile justice in South Africa introduces a new section to this journal in which annual developments relating to law and policy in the field of juvenile justice will be examined. Juvenile ... -
Juvenile justice review 1996
(South African Journal of Criminal Justice, 1996)This review follows the 1995 review, the first in this journal, and similarly reviews the period until 30 September 1996. In the year presently under review the principle focus of juvenile justice concern was yet again the ... -
Juvenile justice review 1997
(South African Journal of Criminal Justice, 1998)The 1997 juvenile justice review charts developments in juvenile justice law in South Africa from November 1996 until October 1997. The most significant development during 1997 was the release of the issue paper on Juvenile ... -
Juvenile justice review 1998
(South African Journal of Criminal Justice, 1999)The 1998 Juvenile Justice Review charts developments in juvenile justice law and practice in South Africa from October 1997 until October 1998. However, the release of the South African Law Commission discussion paper on ... -
Juvenile justice review 1999-2000
(South African Journal of Criminal Justice, 2001)The two years covered in this review have seen major developments in the juvenile justice sphere. Not only have several important judicial decisions been handed down, but the process of law reform has advanced significantly ... -
Kenya-South Africa dialogue on devolution
(JUTA and company, 2016)In a radical break with its past, democratic South Africa established a system of devolution that was confirmed in the 1996 Constitution. In reaction to a system of highly centralised government that had seen the abuse of ... -
Land-use zoning schemes: Do they apply to land for which a mining right has been granted?
(Local Government Bulletin, 2012-06)Land-use zoning schemes, which are part of municipal planning, cannot be superseded by administrative decisions made by the national government. In fact, the national government or beneficiaries of administrative decisions ...