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Adding injury to insult: Intrusive laws on top of a weak system
(Constitutional Court Review, 2016)
Local governments often encounter difficulties when state functions and powers are devolved to them. Capacity at local level often becomes the Achilles heel of devolution. This is the case in South Africa. The South African ...
Confronting the state of local government: the 2013 Constitutional Court decisions
(Juta, 2016)
In September 2014 the then Minister of Cooperative Governance and Traditional Affairs, Pravin Gordhan, divided municipalities into three groups: a third of the municipalities was carrying out their tasks adequately, a third ...
Unaccompanied and Separated Foreign Children in the Care System in the Western Cape – A Socio-Legal Study
(Potchefstroom Electronic Law Journal, 2016)
This article reports on the findings of a study of foreign children accommodated in the care system in the Western Cape, based on fieldwork conducted in child and youth care centres. The objectives of the study were firstly ...
The socio-economic impact of pre-trial detention in Kenya, Mozambique and Zambia
(Open Society Initiative for Southern Africa (OSISA), 2016)
This project seeks to confirm and quantify the socio-economic impact of pre-trial detention on detainees, their families and associated households in the main urban centres of Kenya, Mozambique and Zambia. The aim is to ...
The criminalization of torture in South Africa
(Cambridge University Press, 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 ...
The human rights implications of virginity testing in South Africa
(SAGE Publications, 2016)
This article examines the historical context of virginity testing in Southern Africa with a focus on South Africa. It then examines the arguments often adduced in justifying the introduction of this practice. The two major ...
Ten years after the Jali Commission: Assessing the state of South Africa’s prisons
(ISS & UCT, 2016)
Ten years have lapsed since the Jali Commission’s final report became publicly available, and it is therefore an opportune time to assess the state of South Africa’s prison system. The Jali Commission was appointed when ...
The criminalization of torture in South Africa
(Journal of African Law, 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 ...
Legal and human rights dilemma relating to sexuality education in Africa
(Inderscience, 2016)
This article examines the benefits of sexuality education in schools in Africa and then considers the legal and human rights issues relating to the objection to its introduction. In doing this, the article discusses some ...
The Socio-Economic Impact of Pre-Trial Detention in Kenya, Mozambique and Zambia
(Open Society Initiative for Southern Africa, 2016)
The project was informed by an understanding of how socio-economic rights intersect with fair trial rights. The nature of the obligations on states, as set out in instruments such as the International Covenant on Economic, ...