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Muntingh, Lukas (Institute for Security Studies and the Community Law Centre, University of the Western Cape, 2008)[more][less]
Abstract: Civil society organisations play a key role in assisting prisoners and ex-prisoners to reintegrate into society and may at present render the bulk of such services. It is especially in respect of post-release support services that non-governmental organisations play a critical role as the Department of Correctional Services does not have a strong focus on this aspect of reintegration work. The type of services and activities that civil society organisations engage in has not been documented on a national level. There is thus a need to describe the types of prisoner support and offender reintegration programmes rendered by civil society organisations in South Africa based on up-to-date fieldwork. A survey was conducted of 21 organisations working in the off ender reintegration and prisoner support field. This paper presents an analysis of the results which are based on the views of practitioners working in these organisations. URI: http://hdl.handle.net/10566/237 Files in this item: 1
MuntinghCivilSocietyRole2008.pdf (4.643Mb) -
Khoza, Sibonile (Community Law Centre, University of the Western Cape, 2007)[more][less]
Abstract: Socio-economic rights are those rights that give people access to certain basic needs necessary for human beings to lead a dignified life. Government and, in certain circumstances, private individuals and bodies, can be held accountable if they do not respect, protect, promote and fulfil these rights Socio-economic rights are especially relevant for vulnerable and disadvantaged groups in society. They are important tools for these groups, who are often most affected by poverty and who experience a number of barriers that block their access to resources, opportunities and services in society. Our Constitution (Act 108 of 1996) provides a number ways for claiming and defending basic needs, such as our socio-economic rights to housing, health care, food and water, which is what this book focuses on. URI: http://hdl.handle.net/10566/254 Files in this item: 1
KhozaSocio-EconomicRights2007.pdf (4.543Mb) -
De Ville, Jacques (Springer, 2008)[more][less]
Abstract: This article questions the common assumptions in legal theory regarding Derrida’s well-known Declarations of Independence. Through a close reading of this text, well-known ground such as the relation between speech and writing, the notion of representation, speech act theory, the signature, and the proper name is covered. The contribution that this analysis makes in the present context lies in the additional ‘step’ that it takes. The article seeks to give an explanation of the laws at work in Derrida’s thinking in the above respects and to explain more specifically how they find expression in Declarations of Independence. The article in this regard also investigates the importance and role of the ‘notions’ of death, loss of meaning, loss of ownership, and loss of sovereignty in Derrida’s thinking. The contention is that if we take account of Derrida’s reading in Declarations of Independence, it is possible to view constitutions in a very different way, more specifically their ‘origins’, with inevitable implications for constitutional interpretation. URI: http://hdl.handle.net/10566/360 Files in this item: 1
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De Ville, Jacques (Springer Verlag, 2007)[more][less]
Abstract: 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 for his boldness in doing this, whilst he is at the same time censured for having dared to suggest that this jurisdiction should be a very wide one. This essay questions the inheritance of judicial supervision and enquires whether there may be a secret to uncover in Coke’s texts. Referring to Coke’s Institutes, it is suggested that the wide jurisdiction of the common law courts that Coke advanced, is linked to and should be understood in light of Coke’s pronouncements in the epigrams on law and justice. Judicial supervision, according to this reading of Coke, involves not only a necessarily limited jurisdiction in accordance with law, but also the desire for an unlimited jurisdiction, which corresponds with Derrida’s analysis of justice and law. This reading of Coke, it is suggested, calls on us to view judicial supervision as revolutionary in nature which requires of the courts to fundamentally rethink the way in which they exercise their supervisory function. URI: http://hdl.handle.net/10566/371 Files in this item: 1
DeVilleJudicialSupervision2007.pdf (273.1Kb) -
Combrinck, Helene; Wakefield, Lorenzo (Community Law Centre, University of the Western Cape, 2009)[more][less]
Abstract: The inadequate or inappropriate police responses to domestic violence often result from a lack of knowledge of the Domestic Violence Act (DVA) and the National Instruction or from a misinterpretation of the DVA’s provisions. In the interviews undertaken, the central question asked was: ‘Do current training programmes provide SAPS members with the knowledge and skills required to apply the DVA and National Instruction in practice?’ It appeared from the interviews that the majority of the research participants had a basic awareness of the DVA and the National Instruction. However, when it came to the practical application of knowledge in a ‘problem-solving’ scenario, it was notable that the majority of interviewees experienced difficulties when multi-faceted variables were included. It was recommended that more members need training on the DVA, and more frequent and/or more in-depth courses should be offered. Furthermore it was recommended that special attention be devoted to training on domestic violence during the basic six months’ training for new students. URI: http://hdl.handle.net/10566/209 Files in this item: 1
CombrinckDVA2009.pdf (1.059Mb) -
du Toit, Francois (Oxford University Press, 2013)[more][less]
Abstract: In this article, I assess the constitutive status accorded to trust deeds in Potgieter v Potgieter and Pascoal v Wurdeman, two recent South African judgments on trust variation. In particular, I analyse judicial condemnation of invoking reasonableness or fairness as free-standing norms to refashion the terms of trust deeds outside established common law or statutory norms; and I illustrate the place and role that equitable considerations play in South Africa as components of existing aggregated legal rules on trust variation. I also test the judicial approach taken to the foundational nature of trust deeds in the aforementioned judgments against the status accorded to trust instruments and documents by the Trust Property Control Act—a statute that regulates aspects of trust law in South Africa. URI: http://hdl.handle.net/10566/624 Files in this item: 2
DutoitTrustdeeds2013.pdf (148.0Kb)DutoitTrustdeedsPublished2013.pdf (81.19Kb)
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Now showing items 41-46 of 46