Browsing Dullah Omar Institute for Constitutional Law, Governance and Human Rights by Title
Now showing items 168-187 of 364
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Kenya-South Africa dialogue on devolution
(JUTA and company, 2016)In a radical break with its past, democratic South Africa established a system of devolution that was confirmed in the 1996 Constitution. In reaction to a system of highly centralised government that had seen the abuse of ... -
Land-use zoning schemes: Do they apply to land for which a mining right has been granted?
(Local Government Bulletin, 2012-06)Land-use zoning schemes, which are part of municipal planning, cannot be superseded by administrative decisions made by the national government. In fact, the national government or beneficiaries of administrative decisions ... -
Legal and human rights dilemma relating to sexuality education in Africa
(Inderscience, 2016)This article examines the benefits of sexuality education in schools in Africa and then considers the legal and human rights issues relating to the objection to its introduction. In doing this, the article discusses some ... -
Legal and institutional framework: The “achilles heel” of local authorities and raison d'etre of ministerial intervention in Zimbabwe
(2012)Centre-local relations have been an area of controversy in Zimbabwean local governance both as a discipline and as a practice. Local authorities have traded blows with central government particularly accusing the responsible ... -
Legislative and judicial responses to informal settlements in South Africa : a silver bullet?
(Stellenbosch Law Review, 2012)The growth of informal settlements or slums has been an issue of concern for many, with international initiatives increasingly focusing on informal settlements, particularly the need to improve the living conditions in ... -
Lessons from Carolina: Acid mine drainage, access to water and intergovernmental relations
(Local Government Bulletin, 2012-10)Initiatives such as the Blue Drop and Green Drop certification programmes indicate government's commitment to improving the quality of drinking water. However, while many municipalities have made progress, there are still ... -
Letting the numbers speak: Census 2011
(Local Government Bulletin, 2012)The South African Statistics Council has released the much-anticipated Census 2011 results. Its report provides relevant and timely information on a wide range of matters. This article focuses on those results that relate ... -
Lilian Chenwi, 2010. South Africa: State of state reporting under international human rights law
(ESR Review : Economic and Social Rights in South Africa, 2010)This research paper was presented at the seminar on 'Promoting constitutional rights through international human rights law: The state of South Africa's state reporting' held in Cape Town on 22 September 2010. It outlines ... -
Limitation of socio-economic rights in the 2010 Kenyan Constitution: a proposal for the adoption of a proportionality approach in the judicial adjudication of socio-economic rights disputes
(Potchefstroom Electronic Law Journal, 2013)On 27 August 2010 Kenya adopted a transformative Constitution with the objective of fighting poverty and inequality as well as improving the standards of living of all people in Kenya. One of the mechanisms in the 2010 ... -
The limits of democratic governance in South Africa, by Louis A. Picard and Thomas Mogale
(Oxford University Press, 2015)The title of the book by Louis A. Picard and Thomas Mogale is a bit of a misnomer. The book is not about democratic governance in South Africa in general—across the three spheres of government— but about democracy at the ... -
Limits on witholding municipal clearance certificates
(Community Law Centre, University of the Western Cape, 2010)In City of Cape Town v Real People Housing (77/09) [2009] ZASCA 159 (30 November 2009), the Supreme Court of Appeal clarified the meaning of section 118(1) of the Municipal Systems Act. This provision gives municipalities ... -
Litigating socio-economic rights in South Africa: A choice between corrective and distributive justice
(Pretoria University Law Press, 2009)Christopher Mbazira's book, adapted from doctoral thesis and published by Pretoria University Law Press, is welcome addition to the growing scholarship on socio-economic rights litigation in South Africa. The book is very ... -
Litigating socio-economic rights through amicus briefs Challenges and strategies
(ESR Review : Economic and Social Rights in South Africa, 2009)The Constitution of South Africa (the Constitution) is characterised by its extensive commitment to socio-economic rights. The courts are mandated to translate these rights into enforceable legal claims, primarily by ... -
Local accountability: Enforcing the Code of Conduct for councillors
(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 ... -
Local accountability: Enforcing the Code of Conduct for councillors
(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 government in the 2013 constitution of Zimbabwe: Defining the boundaries of local autonomy
(Hague Journal on the Rule of Law, 2017-10-06)The 2013 Constitution of Zimbabwe recognises local government as the lowest tier of government in a three tier arrangement. Thus, local government, composed by urban and rural local authorities, now owes its existence ... -
Local government reform in Zimbabwe: A policy dialogue
(Community Law Centre, University of the Western Cape, 2010)This publication is the result of a collaborative research project of South African and Zimbabwean academics and practitioners active in the field of local government. On 3-4 November 2009 the Community Law Centre hosted ... -
Local government reform in Zimbabwe: A policy dialogue
(Community Law Centre, University Western Cape, 2010)On 3-4 November 2009 the Community Law Centre hosted a seminar entitled “Policy Dialogue on the Future of Local Government in Zimbabwe”. A diverse spectrum of local government practitioners was assembled to discuss ... -
Local law making in Cape Town: A case study of the municipal planning by-law process
(United Nations Human Settlements Programme, 2016)This report examines municipal law making surrounding land use planning in the City of Cape Town. It investigates the extent to which the City of Cape Town has powers to make by-laws on land use planning and how much of ... -
Making law: A guide to municipal councils
(Community Law Centre, University of the Western Cape, 2000)The first fully democratic municipal elections held on 5 December 2000 saw local government take its rightful place as the third sphere of government. Chapter seven of the Constitution has now come into full operation. ...