Faculty of Law: Recent submissions
Now showing items 521-540 of 909
-
South African Human Rights Commission, 2014 - report on the Rights of Access to Sufficient Water and Sanitation
(ESR Review : Economic and Social Rights in South Africa, 2014)On 11 March 2014, the South African Human Rights Commission (SAHRC) launched a long-awaited report, titled 'Water and Sanitation, Life and Dignity: Accountability to People who are Poor'. It highlights the constitutional ... -
Human rights and governance - implications of the water crisis in the City of Cape Town
(ESR Review : Economic and Social Rights in South Africa, 2018)The Dullah Omar Institute (DOI) at the University of the Western Cape, in conjunction with the Konrad- Adenauer-Stiftung (KAS), hosted a roundtable discussion on the human rights and governance implications of the water ... -
The implications of corruption for the enjoyment of the right to health in Africa
(ESR Review : Economic and Social Rights in South Africa, 2012)Corruption remains one of the biggest obstacles to development in many African countries. While there is no universally agreed definition of corruption, attempts have been made by scholars to explain what may constitute ... -
Recent development on health and human rights : a human rights-based approach to maternal mortality
(ESR Review : Economic and Social Rights in South Africa, 2012)During the 20th session of the UN Human Rights Council in July 2012, the UN High Commissioner for Human Rights (HCHR) released a report on technical guidance for applying a human rights-based approach to implementing ... -
Enforcing socio-economic rights as individual rights: The role of corrective and distributive forms of justice in determining “appropriate relief”
(ESR Review : Economic and Social Rights in South Africa, 2008)Different notions of justice influence the remedies that courts grant in socio-economic rights litigation. The two theories of justice discussed here derive from the philosophies of corrective and distributive forms of ... -
You are the ''weakest link'' in realising socio-economic rights: Goodbye - Strategies for effective implemention of court orders in South Africa
(Community Law Centre, University of the Western Cape, 2008)The justiciable place of socio-economic rights in the South African Constitution is being undermined by non-compliance with court orders issued in court processes involving the enforcement of these rights. This has, in ... -
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 ... -
Are ward committees working? Insights from six case studies
(Community Law Centre, University of the Western Cape, 2009)The research presented in this book sets out to offer a deeper and more nuanced understanding of the functioning and value of ward committees. In-depth qualitative studies of six ward committees are described. They provide ... -
Institutional subsidiarity in the South African Constitution
(Stellenbosch Law Review, 2010)This article explores the connection between section 156(4) of the Constitution and the principle of subsidiarity as it is found in legal theory and practice. It explores the historic background of the principle as well ... -
Multilevel government, municipalities and food security
(DST-NRF Centre of Excellence in Food Security, South Africa, 2019)Realising the right to food in South Africa requires more than an increase in food production. Increasing access to food is equally important, so this contribution adopts a 'food systems approach'. It argues that food ... -
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 ... -
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 functioning of ward committees: Challenges and prospects
(Dullah Omar Institute, 2007)Ward committees were formally introduced in 2000, and many municipalities soon commenced the process of establishing them. The establishment rate of ward committees across the country now stands at over 90% and is growing, ... -
Implementing the Municipal Systems Amendment Act
(Local Government Bulletin, 2011)The Municipal Systems Amendment Act was signed into law by the President on 5 July 2011 and is set to have a major impact on municipal governance. Regulations to give further substance to the Act are on their way. The first ... -
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 ... -
Bridging the gap between theory and practice: Reviewing the functions and powers of local government in South Africa
(Commonwealth Journal of Local Governance, 2009)The purpose of this practice note to evaluate the current allocation of functions and powers in the Constitution, and furthermore to propose a set of criteria to guide decisions on where powers and functions are best ... -
The scientific career of the zoologist Max Wilhelm Carl Weber (1852—1937)
(Bijdragen tot de Dierkunde, 1993)It is shown that the pinnacle of Max Weber’s scientific career was the organization and leadership of the Siboga Expedition to the former Netherlands East Indies (now Indonesia)in the years 1899—1900. Before that time, as ... -
Facilitating public participation: A niche role for the speaker?
(Community Law Centre, University of the Western Cape, 2007)Considerable attention has been drawn to local government’s ability to facilitate public participation and the role and effective administration of ward committees. Undoubtedly the most important aspect of the local ... -
Book Review: Improving local government
(Commonwealth Journal of Local Governance, 2009)Academic literature that engages in a comparison of local government systems, policies and practices and their impact on democracy and development is hard to come by. Yet, these comparisons are critical as they shed light ... -
Position paper on the provincialisation of personal primary health care services
(South African Local Government Association, 2009)Primary health care (PHC) was internationally accepted in 1978 as the preferred system for health care. It is defined in the Declaration of Alma Ata and includes essential care, which is appropriate, available and affordable ...
