Browsing Research Articles - Dullah Omar Institute by Title
Now showing items 119-138 of 144
-
Should all municipal managers get the boot
(Community Law Centre, University of the Western Cape, 2011)With the election of new councils on 18 May, many municipal managers are likely to lose their jobs. The same applies to the managers reporting to the municipal managers. -
The socio-economic impact of pre-trial detention in Kenya, Mozambique and Zambia
(Springer Verlag, 2018)The presumed link between the rule of law and development suggests that an operational justice system is key to development. The research sought to understand and quantify how the decision to detain an accused person ... -
Socio-economic rights and the process of privatizing basic municipal services
(Law, Democracy & Development, University of the Western Cape, 2004)The socio-economic righ ts in the Bill of Rights bind all organs of state, including municipalities. These rights may also impose posicive obligations. Through the delivery of basic services. municipalities fu lfi l some ... -
Socio-economic rights in post-Mugabe Zimbabwe
(Dullah Omar Institute, 2018)From 1980 to 2017, Robert Mugabe ruled Zimbabwe through a regime that posed as ‘democratic’ but which for all intents and purposes was a dictatorship. The power of the government stemmed not from the will of the people ... -
Spatial Land-Use Planning and Management Bill
(Community Law Centre, University of the Western Cape, 2012)The Minister of Rural Development and Land Reform has introduced the Spatial Planning and Land-Use Management Bill (SPLUMB) (14 of 2012) in Parliament. The Bill, which is likely to be fast-tracked, will have very serious ... -
Special interest councillors in Zimbabwe: a review of law and practice in terms of the 2013 Constitution
(University of the Western Cape, 2013)Local governance in Zimbabwe has a chequered history. Despite high hopes for democratic local governance on the attainment of political independence in 1980, it has often defied democratic practice and is yet to bring ... -
The special rapporteur on the rights of women in Africa (SRRWA) 2007-2015
(IFE Centre for Psychological Studies (ICPS), 2018)The purpose of this article is to examine the progress recorded so far by this mechanism focusing on the period from 2007-2015. It focuses on the relevance and importance of the office of the SRRWA as a special mechanism ... -
The state of civil society participation in Parliament
(Law, Democracy & Development, 2012)This paper explores the extent of public participation in the legislative, oversight and accountability mandates of Parliament. The legislative mandate refers to the making, introducing and amending of laws. The Constitution ... -
The state of our local democracies
(Good Governance Learning Framework, 2010)Over the last 15 years, South Africa has transformed its local government system from an illegitimate, racist institution into a democratic institution with a developmental mandate. A new generation of municipalities, lead ... -
States' obligations in relation to access to medicines: revisiting Kenyan High Court decision in P.A.O and others v Attorney-General and another
(Faculty of Law, University of the Western Cape, 2013)Recently a Kenyan High Court in P.A.O and others v Attorney General and another (hereinafter P.A.O) handed down a judgment in relation to sections 2, 32, and 34 of the Anti-Counterfeit Act vis-à-vis Kenya's obligations ... -
Status quo report on intergovernmental relations regarding local government
(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 ... -
Subsidiarity in the Constitution slapstick asymmetry or a 'rights based' approach to powers
(Community Law Centre, University of the Western Cape, 2008)What is subsidiarity? Subsidiarity is a general principle that says that governance should take place as close as possible to the citizens. It translates into the protection of lower levels of government against undue ... -
Systems, Processes and Challenges of Public Revenue Collection in Zimbabwe
(American International Journal of Contemporary Research, 2013)An efficient national revenue collection system is the hub of every public administration system and the cornerstone of sound fiscal management. It enables governments to finance budget deficits from domestic sources, thus ... -
Ten years after the Jali Commission: Assessing the state of South Africa’s prisons
(ISS & UCT, 2016)Ten years have lapsed since the Jali Commission’s final report became publicly available, and it is therefore an opportune time to assess the state of South Africa’s prison system. The Jali Commission was appointed when ... -
Testing the metal of the Municipal Systems Amendment Act of 2011
(Local Government Bulletin, 2012-06)The Local Government: Municipal Systems Amendment Act 7 of 2011 sought to put a halt to a phenomenon of staffing municipalities with unqualified people, thereby ensuring that skilled people are appointed. Its provisions ... -
The toilet war
(Community Law Centre, University of the Western Cape, 2010)The City of Cape Town built unenclosed toilets in Makhaza, an informal settlement in Ward 95 of Khayelitsha. It did so on the understanding that the community would erect their own enclosures. This led to a public outcry, ... -
Towards a professionalised municipal administration
(Community Law Centre, University of the Western Cape, 2010)The Department of Cooperative Governance and Traditional Affairs (CoGTA) has published proposed amendments to the Municipal Systems Act which will do much to promote a more professional administration by way of better-qualified ... -
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 ... -
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 ... -
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 ...
