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Implications for local government of a single public service
(Community Law Centre, University of the Western Cape, 2008)
The Department of Public Service and Administration has published for comment a draft Public Administration Management Bill aimed at creating a single public service. The long-awaited Bill is being promoted as the magic ...
Subsidiarity in the Constitution slapstick asymmetry or a 'rights based' approach to powers
(Community Law Centre, University of the Western Cape, 2008)
What is subsidiarity? Subsidiarity is a general principle that says that governance should take place as close as possible to the citizens. It translates into the protection of lower levels of government against undue ...
Rules and orders: The building blocks of good governance
(Community Law Centre, University of the Western Cape, 2008)
How does a municipality make its decision-making procedures clear and legally sound? How does it ensure that every councillor can participate meaningfully in council meetings? How does it keep council and committee meetings ...
Who can appoint commissions of enquiry: conducting a 'section 106 investigation'
(Community Law Centre, University of the Western Cape, 2008)
If the member of a province's executive council (MEC) responsible for local government suspects maladministration, fraud, corruption or any other serious malpractice in a municipality, that MEC must designate a person or ...
The use of light-cured acrylic resin for custom trays by undergraduate dental students: a survey
(South African Dental Association, 2008)
INTRODUCTION: It is unknown how the use of a light-cured acrylic resin is appreciated over the traditional chemically cured one for the construction of special trays in a teaching environment.
OBJECTIVE: To evaluate the ...
From ambivalence to certainty : norms and principles for the structural interdict in socio-economic rights litigation in South Africa
(South African Journal on Human Rights, 2008)
The parsimonious approach of the Constitutional Court in using the structural interdict in socio-economic rights cases has both been critiqued and also contrasts with that of the High Courts. Moreover, the Court has neither ...
Recommendations of the United Nations Special Rapporteur on Adequate Housing following his mission to South Africa
(2008)
The United Nations (UN) Special Rapporteur on Adequate Housing, Mr Miloon Kothari, visited South Africa from 12 to 24 April 2007, with the aim of examining the status of the realisation of the right to adequate housing in ...
Appropriate, just and equitable relief' in socio-economic rights litigation : the tension between corrective and distributive forms of justice
(South African Law Journal, 2008)
This article makes the point that one cannot understand fully the nature of the remedies granted by the Constitutional Court in socio-economic rights litigation unless their theoretical basis as defined by the notions of ...
Delineating the content of the right to social security : CESCR general comment
(ESR Review : Economic and Social Rights in South Africa, 2008)
The right to social security is of crucial importance in protecting the most vulnerable and marginalised members of society, especially those living in dire poverty. Social assistance is essential in ensuring that persons ...
Regulating the institution of traditional leadership
(PLAAS, 2008-10)
This edition of Umhlaba Wethu focuses on communal tenure and specifically on the Communal Land Rights Act (CLRA), which, if implemented, will see the transfer of private title to communal land to ‘traditional communities’; ...