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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 ...
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 ...
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, ...
The enforcement of socio-economic rights against local governments in South Africa
(International Development Law Organization (IDLO), 2015)
Poverty and underdevelopment are South Africa’s greatest challenges. These
are inextricably linked to uneven access to adequate public services. By all
accounts, South Africa has made impressive progress in extending ...
Implementation of Housing Rights in South Africa: Approaches and strategies
(Journal of Law and Social Policy, 2015)
Ensuring access to adequate housing, especially for the poor and disadvantaged in society, including those faced with evictions and displacement, continues to be a global challenge. The situation remains critical in South ...
Realisation or oversight of a constitutional mandate? Corrective rape of black African lesbians in South Africa
(Pretoria University Law Press (PULP), 2015)
Corrective rape is a form of sexual punishment by men towards lesbians in order to cure them of their sexual orientation. Black African lesbians are victims of corrective rape, particularly those in townships who are seen ...
Private prosecutions and discrimination against juristic persons in South Africa: A comment on National Society for the Prevention of Cruelty to Animals v Minister of Justice and Constitutional Development & Another
(Pretoria University Law Press (PULP), 2015)
Unlike countries such as the United Kingdom, Kenya, Zimbabwe and Australia, in South Africa companies and associations are not permitted to institute private prosecutions although natural persons have a right to institute ...
Evidence obtained through violating the right to freedom from torture and other cruel, inhuman or degrading treatment in South Africa
(Pretoria University Law Press (PULP), 2015)
Although South African courts have expressly held that any evidence obtained through torture is always inadmissible, the author is unaware of a decision from a South African court to the effect that evidence obtained through ...
Diversion in the South African criminal justice system: emerging jurisprudence
(Juta Law, 2015)
On 1 April 2010 the South African Child Justice Act (CJA or the Act) commenced. The long title of the Act states, inter alia, that the purpose of the Act is 'to establish a criminal justice system for children, who are in ...