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Now showing items 11-20 of 62
Government's obligation to unlawful occupiers and private landowners
(ESR Review : Economic and Social Rights in South Africa, 2010)
On 4 February 2010, the South Gauteng High Court ordered the City of Johannesburg (the City) to pay rent to a property owner whose building was occupied by squatters. The Court also found the City's housing policy to be ...
Engaging the paradoxes of the universal and particular in human rights adjudication: The possibilities and pitfalls of ‘meaningful engagement’
(African Human Rights Law Journal, 2012)
This article examines the disjunctures between the universal aspiration of human rights norms and the complexity of their interpretation and
application in diverse and pluralistic contexts. It examines the extent to which ...
The relevance of the International Covenant on Economic, Social and Cultural Rights for older persons in South Africa
(ESR Review : Economic and Social Rights in South Africa, 2011)
The Universal Declaration of Human Rights of 1948 (UDHR) recognises that '[a]ll human beings are born free and equal in dignity and rights' (article 1). This equality in dignity and rights applies irrespective of age. The ...
The limits of democratic governance in South Africa, by Louis A. Picard and Thomas Mogale
(Oxford University Press, 2015)
The title of the book by Louis A. Picard and Thomas Mogale is a bit of a misnomer. The book is not about democratic governance in South Africa in general—across the three spheres of government— but about democracy at the ...
Riot damage - who pays?
(Local Government Bulletin, 2011-11)
Protest actions has become part of South Africa's political landscape. The extent to which it is increasingly marked by violence is cause of alarm. Assemblies, pickets, marches and demonstrations are essential features of ...
The potential of the International Covenant on Economic, Social and Cultural Rights as a tool for poverty reduction in South Africa
(ESR Review, 2014)
Together the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights
(ICESCR; hereafter ‘the Covenant’) represent the fundamental human rights commitments ...
Letting the numbers speak: Census 2011
(Local Government Bulletin, 2012)
The South African Statistics Council has released the much-anticipated Census 2011 results. Its report provides relevant and timely information on a wide range of matters. This article focuses on those results that relate ...
Evictions in South Africa during 2014: An analytical narrative
(ESR Review : Economic and Social Rights in South Africa, 2015)
The South Africa Constitution and pertinent legislative frameworks recognise the right of access to housing. This right extends to people who live in informal settlements, where they erect shacks and other structures. These ...
'Meaningful engagement' in the realisation of socio-economic rights : the South African experience
(Southern African Public Law, 2011)
One of the key concerns, evidenced from South Africa's socio-economic rights jurisprudence, that has impacted negatively on the realisation of socio-economic rights in the country, especially at grass roots level, has been ...
South Africa's competing obligations in relation to international crimes - the Zimbabwe Torture Docket case
(Constitutional Court Review, 2015)
The need to end impunity for international crimes is largely recognised by the international community. Accordingly, significant obligations have been imposed, by both conventional (treaty) and customary international law, ...