Browsing Research Articles - Dullah Omar Institute by Issue Date
Now showing items 81-100 of 144
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‘Woman, but not human’: widowhood practices and human rights violations in Nigeria
(Oxford University Press, 2013)This article examines the implications of widowhood practices for the enjoyment of women’s fundamental rights and freedoms in Nigeria. The article discusses the effects of socio-cultural and legal structures of Nigeria ... -
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 ... -
The implication of oil pollution for the enjoyment of sexual and reproductive rights of women in Niger Delta area of Nigeria
(Taylor & Francis, 2013)Oil is a major source of income for Nigeria and it is the mainstay of the country’s economy. Nigeria’s intensive oil sector accounts for nearly 40% of its gross domestic product, but declined steadily to an average of ... -
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 ... -
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 ... -
The approaches of the African Commission to the right to health under the African Charter
(Faculty of Law, University of the Western Cape, 2013)In 2012 the African Commission on Human and Peoples' Rights celebrated its 25 years of existence. The Commission was established pursuant to the African Charter on Human and Peoples Rights, which came into force in 1986. ... -
Service delivery protests, struggle for rights and the failure of local democracy in South Africa and Uganda: parallels and divergences
(Centre for Applied Legal Studies, Wits University, 2013)Although the two countries are thousands of miles apart, Uganda and South Africa have both experienced service delivery protests in recent years. The protests have been directed mainly at local governments, although in ... -
Are the rights of children paramount in prison legislation?
(Juta Law, 2013)The principle, the rights of the child shall be of paramount importance in all decisions affecting the child, is established firmly in international law and, accordingly, reflected in the Constitution. Constitutional ... -
The 2010 Kenyan constitution and the hierarchical place of international law in the Kenyan domestic legal system: a comparative perspective
(Pretoria University Law Press (PULP), 2013)The prominent use of international human rights law in a state’s domestic legal system depends on the hierarchical place occupied by international law in general, and international human rights law in particular, among the ... -
The politics of sub-national constitutions and local government in Ethiopia
(Perspectives on Federalism, 2014)The federal Constitution of Ethiopia provides the regional states - the constituent unit of the federation –with the power to draft, adopt and amend their own constitutions, thereby allowing each of the regional states to ... -
Intergovernmental fiscal relations in South Africa and the role of the Financial and Fiscal Commission: A 20 year review
(Community Law Centre, University of the Western Cape, 2014-07)The Finance and Fiscal Commission is government’s primary advisor with regard to intergovernmental fiscal relations. Its constitutional entrenchment and establishment in 1994 signalled that the post‐apartheid government ... -
Mudzuru & Another v The Minister of Justice, Legal and Parliamentary Affairs & 2 Others: A review
(Pretoria University Law Press, 2015)This article reviews the recent judgment of the Constitutional Court of Zimbabwe in Mudzuru & Another v The Minister of Justice, Legal and Parliamentary Affairs & 2 Others, which has been hailed with acclaim worldwide. ... -
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 ... -
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 ... -
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 ... -
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 ... -
Constitution-Building in Africa
(Community Law Centre, University of the Western Cape, 2015)The process towards the adoption of a constitution is determined by the context in which the constitution is written. It navigates such issues as political engagement, keeping politically agreed timelines, ensuring the ... -
The constitutional conversation between the federal structure and a bill of rights
(Community Law Centre, University of the Western Cape, 2015-01)It is often assumed that a constitution speaks with one voice and that all parts are in harmony with each other. Although different provisions can be given higher status than others (as reflected in the more arduous amendment ... -
The constitutional conversation between the federal structure and a bill of rights
(Institute of Federalism, University of Fribourg, 2015-01)It is often assumed that a constitution speaks with one voice and that all parts are in harmony with each other. Although different provisions can be given higher status than others (as reflected in the more arduous amendment ... -
Adding injury to insult: Intrusive laws on top of a weak system
(Constitutional Court Review, 2016)Local governments often encounter difficulties when state functions and powers are devolved to them. Capacity at local level often becomes the Achilles heel of devolution. This is the case in South Africa. The South African ...