Browsing Dullah Omar Institute for Constitutional Law, Governance and Human Rights by Title
Now showing items 332-351 of 364
-
They keep saying, ‘My President, my Emperor, and my All’: Exploring the antidote to the perpetual threat on constitutionalism in Malawi
(Community Law Centre, University of the Western Cape, 2013)Constitutionalism is the liberal democratic value that aims at having a constitutional government whose powers are capable of being effectively limited. A country’s constitution plays the major role in ensuring constitutionalism ... -
The toilet war
(Community Law Centre, University of the Western Cape, 2010)The City of Cape Town built unenclosed toilets in Makhaza, an informal settlement in Ward 95 of Khayelitsha. It did so on the understanding that the community would erect their own enclosures. This led to a public outcry, ... -
Towards a professionalised municipal administration
(Community Law Centre, University of the Western Cape, 2010)The Department of Cooperative Governance and Traditional Affairs (CoGTA) has published proposed amendments to the Municipal Systems Act which will do much to promote a more professional administration by way of better-qualified ... -
Towards an understanding of repeat violent off ending
(Institute for Security Studies, 2010-07)Th is paper explores South African and international literature relevant to repeat off ending. It reviews the international literature on violent and aggressive behaviour and relevant, but limited, South African literature ... -
Towards the adoption of the international complaints mechanism for enforcing socio-economic rights under the ICESCR
(2008)Over the years, there has been increasing support for an international complaints mechanism for socio-economic rights. -
Training for police on the Domestic Violence Act
(Community Law Centre, University of the Western Cape, 2009)The inadequate or inappropriate police responses to domestic violence often result from a lack of knowledge of the Domestic Violence Act (DVA) and the National Instruction or from a misinterpretation of the DVA’s provisions. ... -
Turning paper promises to reality: National Human Rights Institutions and adolescent's sexual and reproductive rights in Africa
(Netherlands Quarterly of Human Rights, 2008)This article examines the history of national human rights institutions (NHRIs) in general including their establishment in Africa. Using examples from three countries - Malawi, Nigeria and South Africa - it critically ... -
udicial oversight required for sales in execution of residential property : legislative and policy reform
(ESR Review : Economic and Social Rights in South Africa, 2011)The Gundwana case was a challenge to the constitutionality of the High Court Rules and practice, which allowed a High Court registrar to grant default judgment, without judicial oversight, declaring immovable property ... -
UN Security Council Resolution 2122 (2013) - women, rule of law and transitional justice
(ESR Review : Economic and Social Rights in South Africa, 2014)The UN Security Council passed Resolution 2122 (2013) that aims to strengthen women's role in all stages of conflict prevention and post-conflict reconstruction. The resolution seeks to amplify women's voices at the peace ... -
Unaccompanied and Separated Foreign Children in the Care System in the Western Cape – A Socio-Legal Study
(Potchefstroom Electronic Law Journal, 2016)This article reports on the findings of a study of foreign children accommodated in the care system in the Western Cape, based on fieldwork conducted in child and youth care centres. The objectives of the study were firstly ... -
Unaccompanied and separated foreign children in the care system in the Western Cape – a socio-legal study
(Academy of Science of South Africa, 2016)This article reports on the findings of a study of foreign children accommodated in the care system in the Western Cape, based on fieldwork conducted in child and youth care centres. The objectives of the study were ... -
Unconscionable and irrational: SAPS human resource allocation
(South African Crime Quarterly, 2015)The Khayelitsha Commission revealed that areas that are predominantly populated by people who are poor and black are systematically allocated only a small fraction of the average per capita allocation of police personnel ... -
Understanding impunity in the South African law enforcement agencies
(Dullah Omar Institute, 2013)This paper analyses the underlying structural and functional reasons for de facto impunity in South African law enforcement with specific reference to the South African Police Service (SAPS) and the Department of Correctional ... -
Understanding Oscar’s sentence: Sentencing under Section 276(1)(i) of the Criminal Procedure Act
(Dullah Omar Institute, 2015)The recent announcement of the imminent, and subsequently suspended, release on correctional supervision of Oscar Pistorius has attracted significant media attention. For many his possible release is confusing as he was ... -
Unfunded mandates: Directing subnational governments
(Deutsche Förschungsinstitut fur Öffentlichen Verwaltung, 2012)Unfounded mandates are an extreme manifestation of the phenomenon of governing from the centre; the federal government through various strategies imposes national mandates on state and local governments at the expense of ... -
Universal access to social security rights: can a basic income grant meet the challenge?
(ESR Review, 2002)Access to social assistance for those unable to support themselves and their dependants is a fundamental human right enshrined in the Constitution. In March this year, the Committee of Inquiry into a Comprehensive System ... -
Universal jurisdiction and South Africa's perspective on the investigation of international crimes
(South African Law Journal, 2014)Universal jurisdiction is an important yet contentious jurisdictional principle in international law, despite more than 100 states worldwide having universal jurisdiction legislation (Amnesty International Universal ... -
Unpacking "progressive realisation", its relation to resources, minimum core and reasonableness, and some methodological considerations for assessing compliance
(2013)Uiteensetting van "toenemende verwesenliking", die verband met hulpbronne, kernminimum en redelikheid, en sekere metodologiese oorwegings om nakoming te toets "Toenemende verwesenliking" is een van die beperkings waaraan ... -
The unresolved ethnic question in Uganda’s district councils
(Law, Democracy & Development, 2015)This article examines the legal and constitutional framework for the election of district councils in Uganda because the design and practice of elections in Uganda has an impact on Uganda’s ability to follow through on the ... -
Using international human rights law to promote constitutional rights: The (potential) role of the South African parliament
(Law, Democracy & Development, 2011)Parliaments are guardians of human rights due to their role of representing the people in the management of public affairs. The activities of parliaments cover the entire spectrum of human rights and have an immediate ...