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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 ...
The Constitutional Court of South Africa: Reinforcing an hourglass system of multi-level government
(University of Toronto Press, 2017)
“The supremacy of the constitution and the rule of law” are two foundational
values of South Africa’s 1996 Constitution (s. 1(c)). An independent
judiciary is thus set to play a major role in interpreting and enforcing ...
Protecting animals from mistreatment through private prosecutions in South Africa: A comment on National Society for the Prevention of Cruelty to Animals v Minister of Justice and Constitutional Development 2016 1 SACR 308 (SCA)
(Cambridge University Press, 2017)
The general rule in South Africa is that, when an offence is committed, the suspect
has to be prosecuted by a public prosecutor. However, there is an exception
whereby a victim of crime is permitted to institute a private ...
The Criminalization of Torture in South Africa
(2016)
This article describes the politics related to the criminalization of torture in South Africa. It studies the differences between torture as an international crime and as a crime under international human rights law. The ...
Failing to prosecute? Assessing the State of the National Prosecuting Authority of South Africa
(Institute for Security Studies, 2012)
The National Prosecuting Authority (NPA) is pivotal not only in the criminal justice system, but also in the proper functioning of South Africa’s democracy. This monograph focuses on the independence, accountability and ...
Community safety, offender re-entry and local government
(Community Law Centre, University of the Western Cape, 2012)
This paper examines the issue of “Community safety, offender re-entry and local government” in South Africa. The impact of the release of large numbers of prisoners back into society on a monthly basis poses particular ...
Intergovernmental fiscal relations in South Africa and the role of the Financial and Fiscal Commission: A 20 year review
(Community Law Centre, University of the Western Cape, 2014-07)
The Finance and Fiscal Commission is government’s primary advisor with regard to
intergovernmental fiscal relations. Its constitutional entrenchment and establishment in
1994 signalled that the post‐apartheid government ...
Overseeing the overseers: assessing compliance with municipal intervention rules in South Africa
(Springer, 2017)
Section 139 of the Constitution of South Africa empowers provinces to intervene into municipalities, an instrument to correct serious failures in local government. This article discusses the policy and legal framework for ...
Devolution by court injunction: The case of land use planning and management in South Africa
(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. ...
Barnard v Minister of Justice: the minister’s verdict
(Institute for Security Studies & University of Cape Town, 2017)
Granting parole to offenders serving life sentences has raised questions in public and political
discourse. This contribution evaluates the discretion of the minister to decline parole under Section
78(2) of the Correctional ...