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Now showing items 151-160 of 342
Institutional subsidiarity in the South African Constitution
(Stellenbosch Law Review, 2010)
This article explores the connection between section 156(4) of the Constitution and the principle of subsidiarity as it is found in legal theory and practice. It explores the historic background of the principle as well ...
The African Women's Protocol and sexual rights
(The International Journal of Human Rights, 2014-11)
‘Sexual rights’ are defined to include the rights of all persons free of coercion, violence and discrimination to the highest attainable standards of sexual health, including access to sexual and reproductive health care ...
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. ...
The essence vindicated? Courts and customary marriages in South Africa
(Pretoria University Law Press, 2017)
This article describes different approaches in which courts have
determined the validity of customary marriages under the Recognition of
Customary Marriages Act in order to address the historical injustices of
vulnerable ...
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 ...
Making sense of the numbers: Civil claims against the SAPS
(South African Crime Quarterly, 2015)
In recent years reports have increasingly pointed to the mounting quantum of claims for civil damages faced by the South African Police Service (SAPS). A close analysis of the publicly available data shows that increasingly ...
Jumping the Queue', Waiting Lists and other Myths: Perceptions and Practice around Housing Demand and Allocation in South Africa
(Community Law Centre, University of the Western Cape, and Socio-Economic Rights Institute of South Africa, 2013)
Since 1994 the South African government, through its National Housing Subsidy Scheme (NHSS), has embarked on the large-scale provision of state-subsidised housing to low-income households across the country. Over 2 million ...
Understanding impunity in the South African law enforcement agencies
(Dullah Omar Institute, 2013)
This paper analyses the underlying structural and functional reasons for de facto impunity in South African law enforcement with specific reference to the South African Police Service (SAPS) and the Department of Correctional ...
The Ebola Virus and Human Rights Concerns in Africa
(African Journal of Reproductive Health, 2015)
In the wake of the Ebola virus disease (EVD) that is ravaging parts of Africa certain measures are being taken by governments to prevent the spread of the epidemic within their borders. Some of these measures are drastic ...