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Now showing items 11-20 of 31
Rules and orders: The building blocks of good governance
(Community Law Centre, University of the Western Cape, 2008)
How does a municipality make its decision-making procedures clear and legally sound? How does it ensure that every councillor can participate meaningfully in council meetings? How does it keep council and committee meetings ...
Who can appoint commissions of enquiry: conducting a 'section 106 investigation'
(Community Law Centre, University of the Western Cape, 2008)
If the member of a province's executive council (MEC) responsible for local government suspects maladministration, fraud, corruption or any other serious malpractice in a municipality, that MEC must designate a person or ...
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 ...
Recommendations of the United Nations Special Rapporteur on Adequate Housing following his mission to South Africa
(2008)
The United Nations (UN) Special Rapporteur on Adequate Housing, Mr Miloon Kothari, visited South Africa from 12 to 24 April 2007, with the aim of examining the status of the realisation of the right to adequate housing in ...
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 ...
Delineating the content of the right to social security : CESCR general comment
(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 ...
The prevalence of HIV in South Africa's prison system: some, but not all the facts, at last
(Civil Society Prison Reform Initiative, 2008-05-26)
The lack of reliable research data and more specifically, data on intervention impact evaluations, present a particular challenge in respect of evidence-based law and policy reform. In resource-constrained environments it ...
Compulsory licensing and access to medicines in post Doha era: What hope for Africa?
(Netherlands International Law Review, 2008)
The Trade Related Aspects of Intellectual Property Rights (TRIPS) Agreement of 1994, an outcome of the Uruguay Round negotiations, radically altered the role of international trade law in promoting and enforcing intellectual ...
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.
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 ...