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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 ...
Appropriate, just and equitable relief' in socio-economic rights litigation : the tension between corrective and distributive forms of justice
(South African Law Journal, 2008)
This article makes the point that one cannot understand fully the nature of the remedies granted by the Constitutional Court in socio-economic rights litigation unless their theoretical basis as defined by the notions of ...
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 ...
Non-implementation of court orders in socioeconomic rights litigation in South Africa Is the cancer here to stay?
(2008)
Over 12 years have elapsed since the South African Constitution was adopted, and the jurisprudence on socio-economic rights has increased considerably. Yet a majority of the population remain entrapped in poverty.
Water delivery: public or private?
(Community Law Centre, University of the Western Cape, 2006)
The landscape within which human rights are protected and realised has
changed dramatically in the last few decades. One of the main driving
forces for this change is economic globalisation and the weakening of ...
Regional Symposium on Harmonisation of Laws on Children in Eastern and Southern Africa, 9-10 May 2007
(African Human Rights Law Journal, 2007)
From 9 to 10 May 2007, the African Child Policy Forum (AFCPF), supported by UNICEF, Eastern and Southern Africa Office (UNICEF-ESARO),
organised a Regional Symposium on Harmonisation of Laws on Children in Eastern and ...
Confronting the problem of polycentricity in enforcing the socioeconomic rights in the South African Constitution
(SA Publiekreg = SA Public Law, 2008)
The judicial enforcement of the socio-economic rights contained in the South African Constitution (Constitution) has not been without controversy when compared to the judicial enforcement of civil and political rights. ...
Litigating socio-economic rights in South Africa: A choice between corrective and distributive justice
(Pretoria University Law Press, 2009)
Christopher Mbazira's book, adapted from doctoral thesis and published by Pretoria University Law Press, is welcome addition to the growing scholarship on socio-economic rights litigation in South Africa. The book is very ...
Prisoners’ right of access to antiretroviral treatment
(ESR Review : Economic and Social Rights in South Africa, 2006)
Prisoners are susceptible to a number of illness and diseases due, in part, to poor living conditions in prisons (e.g. overcrowding and poor nutrition), substance abuse and sexual violence (e.g. male rape). From a health ...
The right of access to sufficient water
(ESR Review : Economic and Social Rights in South Africa, 2007)
This article analyses the report of the South African Human Rights Commission (the Commission) on the realisation of the right of access to sufficient water in South Africa presented in chapter eight of its Sixth economic ...