Browsing Dullah Omar Institute for Constitutional Law, Governance and Human Rights by Title
Now showing items 32-51 of 364
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Career patterns of local politicians: The case of metropolitan mayors
(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 ... -
Case review - fundamental constitutional value of accountability requires municipal officials to obey court orders : feature
(ESR Review : Economic and Social Rights in South Africa, 2015)This is a summary of a recent Supreme Court of Appeal (SCA) decision that elaborated on the fundamental Constitutional value of accountability of public officials. -
Celebrating ten years of translating socio-economic rights into reality : The Socio-Economic Rights Project of the Community Law Centre
(ESR Review : Economic and Social Rights in South Africa, 2007)South Africa’s democracy has all the building blocks in place to facilitate democratic development and the realisation of socio-economic rights. The 1996 Constitution provides a strong institutional framework within which ... -
Challenges to effective prison governance in South Africa
(Law, Democracy & Development, 2006)In an attempt to broaden the debate on prison reform in South Africa, this article reports on the findings of the investigation into the status of governance in selected prisons around the country. The study. which set out ... -
The changing face of life imprisonment in South Africa
(Civil Society Prison Reform Initiative, 2008)This article investigates the meaning and use of life imprisonment in South Africa in four major legal historical eras: life imprisonment at the time when the death penalty was still lawful in South Africa (including life ... -
Child justice
(South African Journal of Criminal Justice, 2018)Although the period under review is not an extensive one, it must be noted that cases in which higher courts have pronounced on aspects of the Child Justice Act remain, in the view of the author, rather few. In some high ... -
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 ... -
Child poverty and children’s rights of access to food and basic nutrition in South Africa : A contextual, jurisprudential and policy analysis
(Community Law Centre, University of the Western Cape, 2009)The rights to food and basic nutrition have been implemented rather unsystematically in South Africa through a hodgepodge of policies and indirectly by legislation. In view of the dearth of jurisprudence, this paper ... -
The child's right to basic education in Nigeria: a commentary on the decision in SERAP v Nigeria
(African Journal of International and Comparative Law, 2018)The right to education is not justiciable in Nigeria by virtue of it being included in Chapter II of the Constitution of the Federal Republic of Nigeria 1999 (as amended) (CFRN 1999) as a directive principle of state policy. ... -
Children deprived of their liberty: protection from torture and ill treatment
(Tygerberg: Medical Research Council, 2012)Children deprived of their liberty by the state are, as a result of state officials’ action or inaction, at the risk of death, torture, and ill treatment. Three types of places of detention are discussed, namely prisons, ... -
Civic space and human rights advocacy in the extractive industry in Uganda: Implications of the 2016 Non-Governmental Organisations Act for oil and gas civil society organisations
(African Human Rights Law Journal, 2018)The discovery of oil and gas in Uganda has been identified as having the potential to transform Uganda’s economy, moving Uganda away from a predominantly low-income to a competitive upper-middle-income country by 2040. ... -
Community participation: The cornerstone of (local) participatory democracy
(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. ... -
Community safety, offender re-entry and local government
(Community Law Centre, University of the Western Cape, 2012)This paper examines the issue of “Community safety, offender re-entry and local government” in South Africa. The impact of the release of large numbers of prisoners back into society on a monthly basis poses particular ... -
Compulsory licensing and access to medicines in post Doha era: What hope for Africa?
(Netherlands International Law Review, 2008)The Trade Related Aspects of Intellectual Property Rights (TRIPS) Agreement of 1994, an outcome of the Uruguay Round negotiations, radically altered the role of international trade law in promoting and enforcing intellectual ... -
Conference “Seeking security: Towards a new vision for tenure relations in farming areas”
(ESR Review : Economic and Social Rights in South Africa, 2005)Nkuzi Development Association (NDA) in partnership with Social Surveys Africa (SSA) organised a conference on the tenure security of farm dwellers, which was held in Johannesburg from 25–27 October 2005. -
Confronting the problem of polycentricity in enforcing the socioeconomic rights in the South African Constitution
(SA Publiekreg = SA Public Law, 2008)The judicial enforcement of the socio-economic rights contained in the South African Constitution (Constitution) has not been without controversy when compared to the judicial enforcement of civil and political rights. ... -
Confronting the state of local government: the 2013 Constitutional Court decisions
(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
(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
(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
(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 ...