Browsing Dullah Omar Institute for Constitutional Law, Governance and Human Rights by Title
Now showing items 339-358 of 364
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udicial oversight required for sales in execution of residential property : legislative and policy reform
(ESR Review : Economic and Social Rights in South Africa, 2011)The Gundwana case was a challenge to the constitutionality of the High Court Rules and practice, which allowed a High Court registrar to grant default judgment, without judicial oversight, declaring immovable property ... -
UN Security Council Resolution 2122 (2013) - women, rule of law and transitional justice
(ESR Review : Economic and Social Rights in South Africa, 2014)The UN Security Council passed Resolution 2122 (2013) that aims to strengthen women's role in all stages of conflict prevention and post-conflict reconstruction. The resolution seeks to amplify women's voices at the peace ... -
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 ... -
Unaccompanied and separated foreign children in the care system in the Western Cape – a socio-legal study
(Academy of Science of South Africa, 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 ... -
Unconscionable and irrational: SAPS human resource allocation
(South African Crime Quarterly, 2015)The Khayelitsha Commission revealed that areas that are predominantly populated by people who are poor and black are systematically allocated only a small fraction of the average per capita allocation of police personnel ... -
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 ... -
Understanding Oscar’s sentence: Sentencing under Section 276(1)(i) of the Criminal Procedure Act
(Dullah Omar Institute, 2015)The recent announcement of the imminent, and subsequently suspended, release on correctional supervision of Oscar Pistorius has attracted significant media attention. For many his possible release is confusing as he was ... -
Unfunded mandates: Directing subnational governments
(Deutsche Förschungsinstitut fur Öffentlichen Verwaltung, 2012)Unfounded mandates are an extreme manifestation of the phenomenon of governing from the centre; the federal government through various strategies imposes national mandates on state and local governments at the expense of ... -
Universal access to social security rights: can a basic income grant meet the challenge?
(ESR Review, 2002)Access to social assistance for those unable to support themselves and their dependants is a fundamental human right enshrined in the Constitution. In March this year, the Committee of Inquiry into a Comprehensive System ... -
Universal jurisdiction and South Africa's perspective on the investigation of international crimes
(South African Law Journal, 2014)Universal jurisdiction is an important yet contentious jurisdictional principle in international law, despite more than 100 states worldwide having universal jurisdiction legislation (Amnesty International Universal ... -
Unpacking "progressive realisation", its relation to resources, minimum core and reasonableness, and some methodological considerations for assessing compliance
(2013)Uiteensetting van "toenemende verwesenliking", die verband met hulpbronne, kernminimum en redelikheid, en sekere metodologiese oorwegings om nakoming te toets "Toenemende verwesenliking" is een van die beperkings waaraan ... -
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 ... -
Using international human rights law to promote constitutional rights: The (potential) role of the South African parliament
(Law, Democracy & Development, 2011)Parliaments are guardians of human rights due to their role of representing the people in the management of public affairs. The activities of parliaments cover the entire spectrum of human rights and have an immediate ... -
The value of human dignity in interpreting socio-economic rights
(South African Journal on Human Rights, 2005)There has been considerable criticism of the use of human dignity as a guiding value in the context of South Africa's equality jurisprudence. What are the implications of the use of the value in socio-economic rights ... -
Water delivery: public or private?
(Community Law Centre, University of the Western Cape, 2006)The landscape within which human rights are protected and realised has changed dramatically in the last few decades. One of the main driving forces for this change is economic globalisation and the weakening of ... -
Welfare pluralism in health: Assessing Zimbabwe’s policy response to HIV/AIDS with reference to Mbare Distrct, Harare
(International Journal of Humanities and Social Science, 2012)The article is on Welfare Pluralism and focuses on Zimbabwe’s policy responses to HIV/AIDS with reference to Mbare Disrict, Harare. Quantitative primary data was systematically collected from a sample of individuals from ... -
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 ... -
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 WHO Tobacco Convention: A New Dawn in the Implementation of International Health Instrument? Comment on “The Legal Strength of International Health Instruments - What It Brings to Global Health Governance?”
(International Journal of Health Policy Management, 2018)The Tobacco Convention was adopted by the World Health Organization (WHO) in 2003. Nikogosian and Kickbusch examine the five potential impacts of the Tobacco Convention and its Protocol on public health. These include the ... -
The withholding of rates and taxes in five local municipalities
(Community Law Centre, University of the Western Cape, 2010)The Community Law Centre, in partnership with the German Agency for Technical Cooperation (GTZ) and SALGA, recently completed a research project on the phenomenon of rates withholding in five South African municipalities. ...