Now showing items 9-28 of 144

    • Between rhetoric and reality: the relevance of substantive equality approach to addressing gender inequality in Mozambique 

      Durojaye, Ebenezer (GAP, 2017)
      The purpose of this article is to examine the socio-cultural challenges that continue to limit women’s enjoyment of their fundamental rights and freedoms in Mozambique. In this regard, this article focuses on three areas ...
    • Book Review: Improving local government 

      de Visser, Jaap (Commonwealth Journal of Local Governance, 2009)
      Academic literature that engages in a comparison of local government systems, policies and practices and their impact on democracy and development is hard to come by. Yet, these comparisons are critical as they shed light ...
    • Bridging the gap between theory and practice: Reviewing the functions and powers of local government in South Africa 

      Christmas, Annette; de Visser, Jaap (Commonwealth Journal of Local Governance, 2009)
      The purpose of this practice note to evaluate the current allocation of functions and powers in the Constitution, and furthermore to propose a set of criteria to guide decisions on where powers and functions are best ...
    • Career patterns of local politicians: The case of metropolitan mayors 

      de Visser, Jaap (Community Law Centre, University of the Western Cape, 2006)
      Local government is emerging as a strong third sphere of government. Within local government, metropolitan cities are coming out as powerful institutions. Meanwhile, the discussion on the role of provincial governments is ...
    • Community participation: The cornerstone of (local) participatory democracy 

      de Visser, Jaap (Community Law Centre, University of the Western Cape, 2007)
      Community participation is key to the functioning of local government. One of the constitutional objects of local government is to encourage the involvement of communities and community organisations in local government. ...
    • Confronting the state of local government: the 2013 Constitutional Court decisions 

      de Visser, Jaap; Steytler, Nico (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 ...
    • Constitution-Building in Africa 

      de Visser, Jaap; Steytler, Nico; Powell, Derek; Durojaye, Ebenezer (Community Law Centre, University of the Western Cape, 2015)
      The process towards the adoption of a constitution is determined by the context in which the constitution is written. It navigates such issues as political engagement, keeping politically agreed timelines, ensuring the ...
    • The constitutional conversation between the federal structure and a bill of rights 

      Steytler, Nico (Community Law Centre, University of the Western Cape, 2015-01)
      It is often assumed that a constitution speaks with one voice and that all parts are in harmony with each other. Although different provisions can be given higher status than others (as reflected in the more arduous amendment ...
    • The constitutional conversation between the federal structure and a bill of rights 

      Steytler, Nico (Institute of Federalism, University of Fribourg, 2015-01)
      It is often assumed that a constitution speaks with one voice and that all parts are in harmony with each other. Although different provisions can be given higher status than others (as reflected in the more arduous amendment ...
    • The Constitutional Court of South Africa: Reinforcing an hourglass system of multi-level government 

      Steytler, Nico (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 ...
    • Constitutional Court shows DFA the door 

      de Visser, Jaap (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 ...
    • Court condemns political interference in municipal manager's appointment 

      de Visser, Jaap (Community Law Centre, University of the Western Cape, 2009)
      Amathole District Municipality, a municipality controlled by the African National Congress (ANC), advertised the position of municipal manager. The recruitment process was subject to the municipality’s Recruitment Policy, ...
    • The criminalization of torture in South Africa 

      Fernandez, Lovell; Muntingh, Lukas (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 ...
    • Decentralisation and Constitutionalism in Africa: Concepts, Conflicts and Challenges 

      Steytler, Nico (Fourth Stellenbosch annual seminar on constitutionalism in Africa (SASCA), 2016-09-07)
      A central quest in post-Cold War Africa has been to bring the Leviathan – the untrammelled ruler – to heel through constitutionalism, and, to a lesser extent, also decentralisation. 1 The unbridled power of the imperial ...
    • Decentralization in Africa and the resilience of traditional authorities: Evaluating Zimbabwe’s track record 

      Chigwata, Tinashe Calton (Regional and Federal Studies, 2015)
      This paper looks at one of the most important endogenous factors influencing the workings of decentralization in Zimbabwe. Successive waves of formal institutional change that took place during Zimbabwe’s colonial and ...
    • Defining local government powers and functions 

      Steytler, Nico; Fessha, Yonatan Tesfaye (Sabinet, 2007)
      The functional areas of provincial and local government competency are listed in Schedules 4 and 5 of the Constitution, with those appearing in part A of each schedule confined to provincial government and those in part B ...
    • Devolution by court injunction: The case of land use planning and management in South Africa 

      de Visser, Jaap (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. ...
    • District municipalities : giving effect to shared authority in local government 

      Steytler, Nico (Law, Democracy & Development, 2003-01)
      A new feature of local government outside metropolitan areas is the establishment of 47 district municipalities in December 2000. They share legislative and administrative powers with local municipalities in their area. ...
    • District-local municipal relations: The challenges to cooperative government 

      Steytler, Nico; Jordan, Janis (Community Law Centre, University of the Western Cape, 2005)
      Outside of metropolitan areas, local government is shared by district and local municipalities; the 47 district municipalities and 231 local municipalities share legislative and administrative powers over the same geographical ...
    • District-local municipal relations: The challenges to cooperative government 

      Steytler, Nico; Jordan, Janis (Community Law Centre, University of the Western Cape, 2005)
      Outside of metropolitan areas, local government is shared by district and local municipalities; the 47 district municipalities and 231 local municipalities share legislative and administrative powers over the same geographical ...