Now showing items 66-85 of 364

    • The death penalty in the Cape Provincial Division: 1986-1988 

      Julia, Sloth-Nielsen; Christina, Murray (South African Journal on Human Rights, 1989)
      This article presents the data that we collected in four tables. These are explained in the first section below. The second part of the article examines three issues that emerge from the data. First, we note the disparity ...
    • Decentralisation and Constitutionalism in Africa: Concepts, Conflicts and Challenges 

      Steytler, Nico (Fourth Stellenbosch annual seminar on constitutionalism in Africa (SASCA), 2016-09-07)
      A central quest in post-Cold War Africa has been to bring the Leviathan – the untrammelled ruler – to heel through constitutionalism, and, to a lesser extent, also decentralisation. 1 The unbridled power of the imperial ...
    • Decentralization in Africa and the resilience of traditional authorities: Evaluating Zimbabwe’s track record 

      Chigwata, Tinashe Calton (Regional and Federal Studies, 2015)
      This paper looks at one of the most important endogenous factors influencing the workings of decentralization in Zimbabwe. Successive waves of formal institutional change that took place during Zimbabwe’s colonial and ...
    • Defining local government powers and functions 

      Steytler, Nico; Fessha, Yonatan Tesfaye (Sabinet, 2007)
      The functional areas of provincial and local government competency are listed in Schedules 4 and 5 of the Constitution, with those appearing in part A of each schedule confined to provincial government and those in part B ...
    • Delineating the content of the right to social security : CESCR general comment 

      Chenwi, Lilian (ESR Review : Economic and Social Rights in South Africa, 2008)
      The right to social security is of crucial importance in protecting the most vulnerable and marginalised members of society, especially those living in dire poverty. Social assistance is essential in ensuring that persons ...
    • Developing norms and standards on maternal mortality in Africa: lessons from UN human rights bodies 

      Onyema, Afulukwe-Eruchalu; Ebenezer, Durojaye (African Human Rights Yearbook, 2017)
      The African Charter on Human and Peoples’ Rights and the Protocol to the African Charter Human and Peoples’ Rights on the Rights of Women in Africa (African Women’s Rights Protocol) contain useful provisions for addressing ...
    • Devolution by court injunction: The case of land use planning and management in South Africa 

      de Visser, Jaap (Uganda Management Institute, 2016)
      In South Africa, the legal and policy framework for land use planning and control underwent a significant transformation in which power over land use planning and control was shifted from provinces to local governments. ...
    • District municipalities : giving effect to shared authority in local government 

      Steytler, Nico (Law, Democracy & Development, 2003-01)
      A new feature of local government outside metropolitan areas is the establishment of 47 district municipalities in December 2000. They share legislative and administrative powers with local municipalities in their area. ...
    • District-local municipal relations: The challenges to cooperative government 

      Steytler, Nico; Jordan, Janis (Community Law Centre, University of the Western Cape, 2005)
      Outside of metropolitan areas, local government is shared by district and local municipalities; the 47 district municipalities and 231 local municipalities share legislative and administrative powers over the same geographical ...
    • District-local municipal relations: The challenges to cooperative government 

      Steytler, Nico; Jordan, Janis (Community Law Centre, University of the Western Cape, 2005)
      Outside of metropolitan areas, local government is shared by district and local municipalities; the 47 district municipalities and 231 local municipalities share legislative and administrative powers over the same geographical ...
    • “Don’t try this at home?”: Reasonable or moderate chastisement, and the rights of the child in South Africa with YG v S in perspective 

      Mezmur, Benyam Dawit (SAFLII, 2018)
      In October 2017, in YG v The State, the High Court in Gauteng handed down a judgment that declared the common-law defence of “reasonable or moderate chastisement” unconstitutional. This article, while not a case comment, ...
    • DPLG's policy review process: Local government under the spotlight 

      de Visser, Jaap; Christmas, Annette; Baatjies, Reuben (Community Law Centre, University of the Western Cape, 2007)
      On 31 July 2007, the Department of Provincial and Local Government (DPLG) initiated a policy review process of provincial and local government. It will ultimately result in a first White Paper on Provinces and a discussion ...
    • The Draft Optional Protocol to the International Covenant on Economic, Social and Cultural Rights 

      Chenwi, Lilian; Mbazira, Christopher (ESR Review : Economic and Social Rights in South Africa, 2006)
      Historically, economic, social and cultural rights (ESC rights) have received less protection through enforcement mechanisms than civil and political rights. Victims of ESC rights violations do not have the opportunity of ...
    • The draft: Municipal financial misconduct regulations 

      Ntliziywana, Phindile (Local Government Bulletin, 2012-10)
      On 13 July 2012, the National Treasury published the draft Municipal Financial Misconduct Regulations for public comment. They set out processes and procedures that municipalities and entities must follow when dealing with ...
    • The Ebola Virus and Human Rights Concerns in Africa 

      Ebenezer, Durojaye; Gladys, Mirugi-Mukundi (African Journal of Reproductive Health, 2015)
      In the wake of the Ebola virus disease (EVD) that is ravaging parts of Africa certain measures are being taken by governments to prevent the spread of the epidemic within their borders. Some of these measures are drastic ...
    • The effect of sentencing on the size of the South African prison population 

      Chris, Giffard; Lukas, Muntingh (Open Society Foundation for South Africa, 2006-10)
      That South African prisons are experiencing serious and growing overcrowding problem is well-known to anyone with an interest in the criminal justice sector. Particularly since 2000 the widening gap between available prison ...
    • Electing councillors: A guide to municipal elections 

      de Visser, Jaap; Steytler, Nico (University of the Western Cape, 2016)
      The electoral system for local government combines ward elections with proportional representation. It is regulated in at least four different statutes, the Electoral Act 73 of 1998, the Local Government: Municipal Structures ...
    • The emerging role of metropolitan cities in federations 

      Steytler, Nico (Forum of Federations, 2001)
      City-regions or large metropolitan cities are a rapidly growing phenomenon in developing countries. They are also seen as a key mechanism to the development and growth trajectories of those countries, particularly in the ...
    • The end of administrative autonomy over individual staff appointments : from the courts 

      Ntliziywana, Phindile (Community Law Centre, University of the Western Cape, 2011)
      Section 118(1) provides that a registrar of deeds can register a property transfer only lfhe or she receives a municipal clearance certificate that confirms that all taxes and fees due In connection with the property 'during ...
    • Enforcement of economic, social and cultural rights in Uganda 

      Mbazira, Christopher (ESR Review : Economic and Social Rights in South Africa, 2009)
      Uganda has ratified almost all the major regional and international instruments that protect economic, social and cultural rights (ESCRs). However, a reading of the Constitution of Uganda, 1995, and other laws shows that ...