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Now showing items 141-150 of 342
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 ...
The Place of the "Minimum Core Approach" in the Realisation of the Entrenched Socio-Economic Rights in the 2010 Kenyan Constitution
(Journal of African Law, 2015)
The high levels of poverty, inequality and socio-economic marginalisation that bedevilled Kenya for generations led to a struggle for a new constitutional dispensation, which culminated in the promulgation of a new, ...
Constitutional Court shows DFA the door
(Community Law Centre, University of the Western Cape, 2010)
In October 2009, the Supreme Court of Appeal (SCA) declared parts of the Development Facilitation Act (DFA) unconstitutional. The Gauteng Development Tribunal was making land use management decisions and bypassing municipal ...
On amorphous terms, terrorism and a feeble judiciary: Analysing the dissenting judgment in Maseko v Prime Minister of Swaziland and Others (2016)
(UNISA Press, 2017)
On 16 September 2016, the Swaziland High Court delivered judgment in the matter between Maseko and others v Prime Minister of Swaziland and others [2016] SZHC 180, in which it declared certain provisions of the Suppression ...
State obligations in international law related to the right to an adequate standard of living for persons with disabilities
(University of the Western Cape, 2017)
The role played by international law in guaranteeing the right to an adequate standard of living is an important one.1 For a number of years, international bodies have sought to introduce certain levels of financial and ...
The unresolved ethnic question in Uganda’s district councils
(Law, Democracy & Development, 2015)
This article examines the legal and constitutional framework for the election of district councils in Uganda because the design and practice of elections in Uganda has an impact on Uganda’s ability to follow through on the ...
The impact of routine HIV testing on HIV-related stigma and discrimination in Africa
(International Journal of Discrimination and the Law, 2011)
This paper discusses different methods of human immunodeficiency virus (HIV) testing, particularly routine and voluntary HIV testing methods, which have been adopted in response to the HIV epidemic in Africa. It then ...
The Child Justice Act: a detailed consideration of section 68 as a point of departure with respect to the sentencing of young offenders
(Potchefstroom Electronic Law Journal, 2012)
The Child Justice Act 75 of 2008 establishes a criminal justice system for child accused, separate from the criminal justice system which continues to apply for adult accused in South Africa. The Act aims to keep children ...
When poverty is not a sin: an assessment of the Human Rights Council's guiding principles on poverty and human rights
(African Journal of International and Comparative Law, 2014)
There is nothing new about poverty. What is new, however, is that we have the resources to get rid of it ... In the final analysis, the rich must not ignore the poor because both rich and poor are tied in a single garment ...
Human rights implications of mandatory premarital HIV testing in Nigeria
(International Journal of Law, Policy and the Family, 2010-04)
This article considers the implications of public health policy on the enjoyment of individuals’ fundamental rights. It specifically examines the appropriateness of mandatory premarital human immunodeficiency virus (HIV) ...