Browsing Dullah Omar Institute for Constitutional Law, Governance and Human Rights by Title
Now showing items 21-40 of 364
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Are ward committees working? Insights from six case studies
(Community Law Centre, University of the Western Cape, 2009)The research presented in this book sets out to offer a deeper and more nuanced understanding of the functioning and value of ward committees. In-depth qualitative studies of six ward committees are described. They provide ... -
Arrested in Africa: An Exploration of the Issues
(Dullah Omar Institute, 2015)Recent research and advocacy efforts have drawn attention to the excessive use of and prolonged pre-trial detention in Africa. At any given moment there are roughly 1 million people in Africa’s prisons. Far more move ... -
An Assessment of the National Prosecuting Authority: A Controversial Past and Recommendations for the Future
(Dullah Omar Institute, 2017)The Constitution of South Africa provides for a single, independent national prosecution authority. The office of the National Prosecuting Authority (NPA) was formally established through the National Prosecuting Authority ... -
At the crossroads: linking strategic frameworks to address gender-based violence and HIV/ AIDS in Southern Africa
(Community Law Centre, University of the Western Cape, 2007)In recent years, southern African governments have made a number of important commitments on international and regional levels to combat HIV/ AIDS. The subregion has also seen a number of strategic developments such ... -
Basic rights claims How responsive is ‘reasonableness review’?
(ESR Review, 2004)South Africa’s 1996 Constitution (the Constitution) is widely renowned for its holistic, inclusive Bill of Rights. A particular innovation is its inclusion of a wide range of fully justiciable socio-economic rights. There ... -
The betrayal of Steve Biko – South Africa’s initial report to the UN Committee against torture and responses from civil society
(Law, Democracy & Development, 2008)This article will focus on State Party obligations in respect of reporting to the UN Committee against Torture (the Committee) under article 19(1)17 of CAT and more particularly on civil society’s interaction with the ... -
Between rhetoric and reality: the relevance of substantive equality approach to addressing gender inequality in Mozambique
(GAP, 2017)The purpose of this article is to examine the socio-cultural challenges that continue to limit women’s enjoyment of their fundamental rights and freedoms in Mozambique. In this regard, this article focuses on three areas ... -
Bolstering the protection of economic, social and cultural rights under the Malawian Constitution
(Malawi Law Journal, 2007)The Malawian Constitution protects a handful of socio-economic rights in the Bill of Rights and enshrines the rest as part of directive principles of national policy. The only socio-economic rights expressly protected in ... -
Book Review: Improving local government
(Commonwealth Journal of Local Governance, 2009)Academic literature that engages in a comparison of local government systems, policies and practices and their impact on democracy and development is hard to come by. Yet, these comparisons are critical as they shed light ... -
Breaking new ground : the need for a protocol to the African Charter on the abolition of the death penalty in Africa
(African Human Rights Law Journal, 2005)The 1980s saw the drafting and adoption of international treaties on the abolition of the death penalty. In the European and Inter-American human rights systems, steps have been taken to abolish the death penalty by means ... -
Bridging the gap between theory and practice: Reviewing the functions and powers of local government in South Africa
(Commonwealth Journal of Local Governance, 2009)The purpose of this practice note to evaluate the current allocation of functions and powers in the Constitution, and furthermore to propose a set of criteria to guide decisions on where powers and functions are best ... -
Career patterns of local politicians: The case of metropolitan mayors
(Community Law Centre, University of the Western Cape, 2006)Local government is emerging as a strong third sphere of government. Within local government, metropolitan cities are coming out as powerful institutions. Meanwhile, the discussion on the role of provincial governments is ... -
Case review - fundamental constitutional value of accountability requires municipal officials to obey court orders : feature
(ESR Review : Economic and Social Rights in South Africa, 2015)This is a summary of a recent Supreme Court of Appeal (SCA) decision that elaborated on the fundamental Constitutional value of accountability of public officials. -
Celebrating ten years of translating socio-economic rights into reality : The Socio-Economic Rights Project of the Community Law Centre
(ESR Review : Economic and Social Rights in South Africa, 2007)South Africa’s democracy has all the building blocks in place to facilitate democratic development and the realisation of socio-economic rights. The 1996 Constitution provides a strong institutional framework within which ... -
Challenges to effective prison governance in South Africa
(Law, Democracy & Development, 2006)In an attempt to broaden the debate on prison reform in South Africa, this article reports on the findings of the investigation into the status of governance in selected prisons around the country. The study. which set out ... -
The changing face of life imprisonment in South Africa
(Civil Society Prison Reform Initiative, 2008)This article investigates the meaning and use of life imprisonment in South Africa in four major legal historical eras: life imprisonment at the time when the death penalty was still lawful in South Africa (including life ... -
Child justice
(South African Journal of Criminal Justice, 2018)Although the period under review is not an extensive one, it must be noted that cases in which higher courts have pronounced on aspects of the Child Justice Act remain, in the view of the author, rather few. In some high ... -
The Child Justice Act: a detailed consideration of section 68 as a point of departure with respect to the sentencing of young offenders
(Potchefstroom Electronic Law Journal, 2012)The Child Justice Act 75 of 2008 establishes a criminal justice system for child accused, separate from the criminal justice system which continues to apply for adult accused in South Africa. The Act aims to keep children ... -
Child poverty and children’s rights of access to food and basic nutrition in South Africa : A contextual, jurisprudential and policy analysis
(Community Law Centre, University of the Western Cape, 2009)The rights to food and basic nutrition have been implemented rather unsystematically in South Africa through a hodgepodge of policies and indirectly by legislation. In view of the dearth of jurisprudence, this paper ... -
The child's right to basic education in Nigeria: a commentary on the decision in SERAP v Nigeria
(African Journal of International and Comparative Law, 2018)The right to education is not justiciable in Nigeria by virtue of it being included in Chapter II of the Constitution of the Federal Republic of Nigeria 1999 (as amended) (CFRN 1999) as a directive principle of state policy. ...