Browsing Research Articles - Dullah Omar Institute by Title
Now showing items 21-40 of 146
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The criminalization of torture in South Africa
(Cambridge University Press, 2016)This article describes the politics related to the criminalization of torture in South Africa. It studies the differences between torture as an international crime and as a crime under international human rights law. The ... -
Decentralisation and Constitutionalism in Africa: Concepts, Conflicts and Challenges
(Fourth Stellenbosch annual seminar on constitutionalism in Africa (SASCA), 2016-09-07)A central quest in post-Cold War Africa has been to bring the Leviathan – the untrammelled ruler – to heel through constitutionalism, and, to a lesser extent, also decentralisation. 1 The unbridled power of the imperial ... -
Decentralization in Africa and the resilience of traditional authorities: Evaluating Zimbabwe’s track record
(Regional and Federal Studies, 2015)This paper looks at one of the most important endogenous factors influencing the workings of decentralization in Zimbabwe. Successive waves of formal institutional change that took place during Zimbabwe’s colonial and ... -
Defining local government powers and functions
(Sabinet, 2007)The functional areas of provincial and local government competency are listed in Schedules 4 and 5 of the Constitution, with those appearing in part A of each schedule confined to provincial government and those in part B ... -
Delegation and directors' reliance on the performance of others – a companies act 2008 analysis in the light of international best practices
(North-West University, 2023)South Africa has included in the Companies Act 71 of 2008 (the Act), provisions dealing with directors' delegation and reliance on the performance of others for their (the directors') own performance. In keeping with their ... -
Devolution by court injunction: The case of land use planning and management in South Africa
(Uganda Management Institute, 2016)In South Africa, the legal and policy framework for land use planning and control underwent a significant transformation in which power over land use planning and control was shifted from provinces to local governments. ... -
District municipalities : giving effect to shared authority in local government
(Law, Democracy & Development, 2003-01)A new feature of local government outside metropolitan areas is the establishment of 47 district municipalities in December 2000. They share legislative and administrative powers with local municipalities in their area. ... -
District-local municipal relations: The challenges to cooperative government
(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
(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 ... -
“Don’t try this at home?”: Reasonable or moderate chastisement, and the rights of the child in South Africa with YG v S in perspective
(SAFLII, 2018)In October 2017, in YG v The State, the High Court in Gauteng handed down a judgment that declared the common-law defence of “reasonable or moderate chastisement” unconstitutional. This article, while not a case comment, ... -
DPLG's policy review process: Local government under the spotlight
(Community Law Centre, University of the Western Cape, 2007)On 31 July 2007, the Department of Provincial and Local Government (DPLG) initiated a policy review process of provincial and local government. It will ultimately result in a first White Paper on Provinces and a discussion ... -
The draft: Municipal financial misconduct regulations
(Local Government Bulletin, 2012-10)On 13 July 2012, the National Treasury published the draft Municipal Financial Misconduct Regulations for public comment. They set out processes and procedures that municipalities and entities must follow when dealing with ... -
The emerging role of metropolitan cities in federations
(Forum of Federations, 2001)City-regions or large metropolitan cities are a rapidly growing phenomenon in developing countries. They are also seen as a key mechanism to the development and growth trajectories of those countries, particularly in the ... -
The end of administrative autonomy over individual staff appointments : from the courts
(Community Law Centre, University of the Western Cape, 2011)Section 118(1) provides that a registrar of deeds can register a property transfer only lfhe or she receives a municipal clearance certificate that confirms that all taxes and fees due In connection with the property 'during ... -
The enforcement of socio-economic rights against local governments in South Africa
(International Development Law Organization (IDLO), 2015)Poverty and underdevelopment are South Africa’s greatest challenges. These are inextricably linked to uneven access to adequate public services. By all accounts, South Africa has made impressive progress in extending ... -
Enforcing the economic, social and cultural rights in the African Charter on Human and Peoples' Rights : twenty years of redundancy, progression and significant strides
(African Human Rights Law Journal, 2006)The fight against poverty and underdevelopment in Africa is amongst others dependent on how successfully the socio-economic rights protected in both the regional and universal instruments are concretised. The last 20 years ... -
Entrenching decentralisation in Africa: A review of the African Charter on the values and principles of decentralisation, local governance and local development
(The Hague Journal on the Rule of Law, 2018)The African Union (AU) adopted the African Charter on the Values and Principles of Decentralisation, Local Governance and Local Development (African Charter on Decentralisation) in 2014. The Charter seeks to promote ... -
Entrenching decentralisation in Africa: A review of the African charter on the values and principles of decentralisation, local governance and local development
(Springer Verlag, 2018)The African Union (AU) adopted the African Charter on the Values and Principles of Decentralisation, Local Governance and Local Development (African Charter on Decentralisation) in 2014. The Charter seeks to promote ... -
EPRDF’s ‘menu of institutional manipulations’ and the 2015 regional elections
(Regional & Federal Studies, 2018)Ethiopia is generally considered to have ‘a dominant party authoritarian’ system in which the Ethiopian Peoples’ Revolutionary Democratic Front (EPRDF), along with its affiliates, enjoy electoral dominance. This contribution ... -
‘Equally unequal or unequally equal’: Adopting a substantive equality approach to gender discrimination in Nigeria
(SAGE Publications, 2017)The purpose of this article is to critically assess the approach of Nigerian courts to interpreting section 42 of the Constitution. This article argues that Nigerian courts are yet to develop a substantive equality approach ...