Department of Public Law
Collections in this community
Recent Submissions
-
Where is property? Some thoughts on the theoretical implications of Daniels v Scribante
(NISC, 2020)The theoretical implications of the Constitutional Court’s decision in Daniels v Scribante are analysed in this article. With reference to Jane Baron’s theory of the contested commitments of property, it considers the ... -
Sustainable development for rural women artisanal miners in Malawi : obligations under the African Charter and Maputo Protocol
(Stellenbosch : Stellenbosch University, 2022-12)ENGLISH ABSTRACT: This research examines the rights of rural women artisanal miners in the artisanal and small-scale mining sector in Malawi. This mining sector is affected by the regulation of this subsector through the ... -
A teleological approach to interpreting socio-economic rights in the African Charter : appropriateness and methodology
(Pretoria University Law Press (PULP), 2021-07)The incorporation of socio-economic rights in the African Charter on Human and Peoples’ Rights should be considered a vital move towards the transformation of socio-economic conditions of the people on the continent. ... -
Developing criteria for the identification of suitable agricultural land for expropriation and redistribution in South Africa : lessons learnt from Namibia
(Juta, 2021-11-01)There has been a plethora of policy initiatives and academic debate focusing on how land should be acquired in South Africa for redistribution purposes and, if expropriation is to take place, at what value or for how much ... -
An analysis of the Separation of Powers Doctrine in Housing Rights Remedies Jurisprudence
(Stellenbosch : Stellenbosch University, 2022-03)ENGLISH ABSTRACT: The remedy issued by the Constitutional Court in Government of the Republic of South Africa and Others v Grootboom and Others 2000 11 BCLR 1169 (CC), has been criticized for being overly deferential. ... -
Community-based mental health care for adults with psychosocial disabilities in South Africa through a right to health lens
(Stellenbosch : Stellenbosch University, 2022-03)ENGLISH ABSTRACT: There has been a shift, globally, from institutionalisation as the primary response to psychosocial disability, to community-based mental health care. This thesis sets out to determine the extent to ... -
Poverty as a ground of unfair discrimination in post-apartheid South Africa
(Stellenbosch : Stellenbosch University, 2022-03)ENGLISH ABSTRACT: Since the advent of constitutional democracy, the project of transformative constitutionalism has had limited success in addressing structural poverty and inequality in post-apartheid South Africa. The ... -
(Re)defining the contours of ownership : moving beyond white picket fences
(Juta Law Publishing, 2019)Ownership is often viewed as superior in the sense that all other rights or interests are seen as subordinate to ownership. It is often viewed in this light because it is a substantial ingredient of the patrimonial rights ... -
Conflicting levels of engagement under the Interim Protection of Informal Land Rights Act and the Minerals and Petroleum Development Act : a closer look at the Xolobeni Community dispute
(Academy of Science of South Africa, 2020-06-18)The South African customary land tenure system is currently administered in terms of the Interim Protection of Informal Land Rights Act 31 of 1996 (IPILRA). As the name suggests, this is a temporary measure to protect ... -
Like dust before the wind, or, the winds of change? The influence of international criminal tribunals on narratives and media frames
(Oxford University Press, 2019-03-08)When created, international criminal tribunals (ICTs) were not only expected to do justice but also to provide stabilization to postconflict regions, contribute to reconciliation and curb the potential denial of atrocities. ... -
The application of the principle of complementarity in the relationship between the African Court and the African Commission under the Regional African Human Rights System
(Stellenbosch : Stellenbosch University, 2021-12)ENGLISH ABSTRACT: The principle of complementarity has great potential in enhancing the engagement between the African Commission on Human and Peoples Rights (African Commission) and the African Court on Human and Peoples ... -
The selfless constitution : experimentalism and flourishing as foundations of South Africa's basic law, S. Woolman : book review
(Juta Law, 2014-01)Stu Woolman's new book is an ambitious work, which expounds a theory of constitutionalism which breaks with traditional understandings of the self, the social and constitutional law, and seeks to reconceive them in a number ... -
Dignity, freedom and the post-apartheid legal order : the critical jurisprudence of Laurie Ackermann by A.J. Barnard-Naudé, D. Cornell and F. du Bois (eds.) : book review
(Juta and Company Pty, 2010-01)This collection of essays had its origin in a conference that was held at the University of Cape Town in July 2007 to pay tribute to the constitutional jurisprudence of Laurie Ackermann. It contains the ... -
A capabilities approach to remedies for systemic resource-related socioeconomic rights violations in South Africa
(Pretoria University Law Press, 2019)The judiciary plays a key role in holding the government accountable for its socio-economic policies. By adhering to certain tenets that underlie both South Africa's transformative Constitution and Sen and Nussbaum's ... -
A historical exposition of spatial injustice and segregated urban settlement in South Africa
(Southern African Society of Legal Historians, 2019)Spatial injustice and urban residential segregation represent significant dimensions in the historical development of the settlement patterns of South Africa's urban poor, which have strong links to colonialism and apartheid. ... -
The value of the persistent objector doctrine in international human rights law
(ASSAf, 2019-04-23)This article critically analyses the use of the persistent objector doctrine in unilaterally challenging the validity of Sexual Orientation and Gender Identity (SOGI) rights and the related state obligations. The persistent ... -
Compliance with minimum wages : a South African legal perspective
(Stellenbosch : Stellenbosch University, 2021-03)ENGLISH ABSTRACT: Globalisation has increased competition and resulted in various advancements of human life. However, it also has negative consequences, such as stagnating lower spectrum wages that occur despite increased ... -
The essential need for empathy : a study evaluating the legislative provisions aimed at protecting domestic violence victims against secondary victimisation by the police
(Stellenbosch : Stellenbosch University, 2021-03)ENGLISH ABSTRACT: This study sets out the broad context of violence against women in which we find ourselves in South Africa and then moves on to narrow that scope to the domestic violence ... -
Developing the right to education in the context of regional African human rights law : protecting children with non-heteronormative sexual orientations, non-binary gender identities or gender expressions
(Stellenbosch : Stellenbosch University, 2021-03)ENGLISH ABSTRACT: At the centre of this dissertation is the denial of a fundamental right based on personal attributes. This denial is due to preconceptions regarding what people should be, the behaviours they should ... -
Plea negotiation at the International Criminal Court : opportunities and costs
(Stellenbosch : Stellenbosch University, 2021-03)ENGLISH ABSTRACT: The International Criminal Court (ICC) faces serious challenges in the delivery of its mandate including legal and procedural challenges, political challenges as well as challenges relating to ...
RSS 1.0