Now showing items 41-60 of 391

  • The powers of local government in decentralized systems of government: Managing the 'curse of common competencies' 

    Steytler, Nico (Institute of Foreign and Comparative Law, 2005)
    The issues and problems flowing from common competencies are shared by many, if not all, decentralised and federal systems; they are a feature arising from the division of powers between two levels of government. The ...
  • 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 ...
  • The Evolution of the concept of 'unfair discrimination' in South African Labour Law 

    Du Toit, Darcy (Juta Law, 2006)
    Introduction:This article examines the meaning and scope of the prohibition of unfair discrimination against employees contained in s 6 of the Employment Equity Act in the light of the development of the concept of 'unfair ...
  • Well worth the wait? The Sexual Offences Bill in 2006 

    Combrinck, Helene (Institute for Security Studies (ISS), 2006)
    The Sexual Offences Bill finally seems to be winding its way to conclusion in parliament. It has taken three years to reach this point since its first introduction in 2003, raising serious questions about the government's ...
  • What happened to the Child Justice Bill? The process of law reform relating to child offenders 

    Gallinetti, Jacqui (Institute for Security Studies (ISS), 2006)
    Children who are accused of crimes in South Africa are governed by the same legislation as adults. The urgent need to develop a separate child justice system culminated in the release of the draft Child Justice Bill in ...
  • Status quo report on intergovernmental relations regarding local government 

    Steytler, Nicolas; Fessha, Yonatan; Kirkby, Coel (Community Law Centre, University of the Western Cape, 2006)
    Local government in South Africa is a unique experiment in intergovernmental relations. Guided by the constitutional principle of co-operative government, the provinces, and district and local municipalities must work ...
  • Water delivery: public or private? 

    Mbazira, Christopher; de Visser, Jaap (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 ...
  • Local accountability: Enforcing the Code of Conduct for councillors 

    de Visser, Jaap (Community Law Centre, University of the Western Cape, 2006)
    A perceived lack of responsiveness on the part of councillors towards their citizens as well as perceived, alleged and proven cases of corruption and maladministration involving councillors all contribute to the perception ...
  • Local accountability: Enforcing the Code of Conduct for councillors 

    de Visser, Jaap (Dullah Omar Institute, 2006)
    This paper focuses on the role of the council of a municipality towards ensuring accountable governance. First, it discusses the Code of Conduct for councillors, which is the key instrument at the hands of the municipal ...
  • 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 ...
  • At the crossroads: linking strategic frameworks to address gender-based violence and HIV/ AIDS in Southern Africa 

    Combrinck, Helene; Wakefield, Lorenzo (Community Law Centre, University of the Western Cape, 2007)
    In recent years, southern African governments have made a number of important commitments on international and regional levels to combat HIV/ AIDS. The subregion has also seen a number of strategic developments such ...
  • Protection against unfair discrimination in the workplace: are the courts getting it right? 

    Du Toit, Darcy (Juta, 2007)
    Introduction: No area of South African law is more critical than the prohibition of unfair discrimination, especially in the workplace. Under apartheid, discrimination against workers on grounds such as race and sex was ...
  • The fiduciary office of trustee and the protection of contingent trust beneficiaries 

    du Toit, Francois (Juta Law, 2007)
    This contribution focuses on two matters pertinent to the office of trustee. First, the fiduciary nature of the office of trustee is investigated, with particular reference to the essence of a trustee’s fiduciary duty. ...
  • Derrida, the conditional and the unconditional 

    De Ville, Jacques (Juta Law, 2007)
    In his recent book, Law and Sacrifice: Towards a Post-Apartheid Theory of Law, Johan van der Walt gives a clear exposition of the possible impact of inter alia Jacques Derrida's thinking on law. In this article, the book ...
  • Spectres of Coke: Judicial supervision as a revolutionary inheritance 

    De Ville, Jacques (Springer Verlag, 2007)
    Sir Edward Coke is known for having played a central role in establishing the power of the common law courts to exercise a supervisory jurisdiction over the executive/administration. Coke is usually praised in the literature ...
  • What is the future of collective bargaining (and Labour Law) in South Africa? 

    Du Toit, Darcy (Juta Law, 2007)
    Introduction: Collective bargaining has a long history. The term is said to have been coined around 1890 by the British labour movement pioneer, Beatrice Webb. By then the practice of wage negotiations between trade unions ...
  • South Africa, the arts and youth in conflict with the law 

    Sloth-Nielsen, Julia; Woodward, Sheila C.; Mathiti, Vuyisile (Intellect, 2007)
    This paper describes the DIME (Diversion into Music Education) youth intervention program that originated in South Africa in 2001. DIME offers instruction in African marimba and djembe bands to juvenile offenders. Conceived ...
  • Surveying the research landscape to promote children's legal rights in an African context 

    Sloth-Nielsen, Julia; Mezmur, Benyam Dawit (Juta Law, 2007)
    This article represents an initial attempt to identify research themes and topics of special relevance to the furtherance of children's rights in the African context in order to sharpen and strengthen our capacity to promote ...
  • (Illicit) transfer by De Gree 

    Sloth-Nielsen, Julia; Mezmur, Benyam Dawit (University of Western Cape, 2007)
    The decision of the Supreme Court of Appeal (SCA) in De Gree v Webb [2007] SCA 87 (RSA) is worthy of consideration for a number of reasons, reasons which do not include the prominent (emotive) media attention devoted to ...