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Prison inmates' socio-economic rights in South Africa : compatibility of domestic law with international norms and standardsMaseko, Thembinkosi Wilson 07 1900 (has links)
This study critically analyses the protection and enforcement of inmates’ socio-economic rights in South Africa. For the purpose of this study inmates’ socio-economic rights include the right to adequate medical treatment, accommodation, nutrition and education. This analysis is informed by the fact that South African courts are struggling to interpret and enforce inmates’ socio-economic rights as required by the Constitution and international norms and standards. The objective of this study, therefore, is whether South Africa protects and enforces these rights as required by the Constitution and international norms and standards.
In an attempt to resolve the problem, the methodology of this study relies on a legal methodology which focuses on a review of law books, journal articles, the constitutions, statutes, regulations and case law. The study concludes that South Africa protects and enforces these rights as required by the Constitution and complies with international norms and standards. However, the enforcement of these rights has to pay attention to the constitutional imperatives of interpreting the Bill of Rights.
When interpreting inmates’ right to adequate medical treatment, it is imperative for the courts to unpack its content. The courts need to also promote the value of human dignity when determining whether overcrowding violates their right to adequate accommodation. The determination of whether their right to adequate nutrition has been violated should focus on whether inmates’ claim to cultural food is based on a sincere belief which could be objectively supported. Further, the Regulations should
extend the right to cultural or religious food to all inmates. Lastly, it is the duty of the courts and the institutions of higher learning to ensure that inmates have access to the internet for study purpose. / Public, Constitutional, and International Law / LL. D.
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'Gendered histories and the politics of subjectivity, memory and historical consciousness - a study of two black women's experiences of the South African Truth and Reconciliation Commission (TRC) process and the aftermath.'Letlaka, Palesa Nthabiseng 01 March 2016 (has links)
A research report submitted to the Faculty of Arts, University of the Witwatersrand,
Johannesburg, in partial fulfillment of the requirements for the degree of Master of
Arts
(History)
February 2013 / This study examines the gendered histories of two black women who both narrated their
personal testimonies in self-authored narrations for public consumption, and who both
testified at the South African Truth and Reconciliation Commission (TRC). It situates the
politics of subjectivity, memory and historical consciousness within the social constructivist
and hermeneutical theoretical frameworks of Butler and Ricoeur respectively; and through a
generative process, working with their TRC testimonies and subsequent oral interviews, it
examines self-narrativity, subject formation and the formation of female selfhood in the
formation of gendered historical consciousness
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An evaluation of SANGONeT as a regional electronic information and communication network for development and human rights organizations in KwaZulu-Natal.Ndlovu, Nokuthula Patricia. January 2001 (has links)
This study was a user oriented evaluation of the South African Non-government Organizations Network (SANGONeT), a regional electronic information and communication network for development and human rights workers. SANGONeT emphasizes the need for integrating a variety of information related tasks through the use of information and communication technologies (lCT). Its mission is to facilitate the effective and empowering use of ICTs by development and social justice actors in Southern Africa. While SANGONeT is one of the oldest networks for development and human rights sectors in South Africa, no other evaluations of this particular network, from the users' perspective could be traced. The study sought to determine SANGONeT's intended users' perceptions of the network, in terms of their level of awareness and, utilization, accessibility, relevance of the network and its level of facilitation in networking. SANGONeT was evaluated using effectiveness indicators. The respondents were the development and human rights organizations in K waZulu-Natal which subscribed to SANGONeT, or those which use certain services provided by the network as well as those which do not use the network but which are potential users. The SANGONeT subscribers formed only a small proportion of the population. They were all included in the study. A number of potential subscribers who were nonsubscribers were added. According to the findings, the subscribers were satisfied with the services that SANGONeT provides and they do see it as a networking facilitator. The nonsubscribers and the nonusers were not aware of the network's existence or the services it provides. Underutilisation does not result from the problems of accessibility and relevance. Lack of awareness emerged as the main reason for the underutilisation of SANGONeT in KwaZulu-Natal. Based on the findings of the study, recommendations are made for SANGONeT as well as suggestions for further study. / Thesis (M.I.S.)-University of Natal, Pietermaritzburg, 2001.
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The production of ordinariness in the accounts of perpetrators of gross human rights violations.Omar, Nasreen A. January 2000 (has links)
This dissertation explores the construction of ordinariness in the accounts of
perpetrators of gross human rights violations, who commit their actions in the context of a system. A review of the literature that conceived of perpetrators in this way was undertaken. This was done whilst exploring the social constructionist paradigm, which formed the theoretical backbone to the study. Discourse analysis was the methodology adopted for the two analyses that were undertaken in the thesis. The first was the analysis of the literature
review, which was undertaken in order to see how ordinariness was constructed in the literature. The second analysis was that of the transcript of the Truth and Reconciliation Commission (TRC) Amnesty hearing of the applicant Daniel Petrus Siebert, into the death of Steve Biko. The analyses indicate that there is much similiarity in the ways in which ordinariness
is constructed in the local context, and the ways in which it is constructed in the literature. Ordinariness in the context of gross human rights violations is produced through constructions of the perpetrator and the system within which the acts were committed, as passive and active respectively. The construction of the system as the epitome of the evil that is perpetrated enables the humanity or ordinariness of the perpetrator to be kept intact. Ordinariness in the South African context, is based on racist constructions of good whiteness,
and bad blackness. Further, in the local political context, the TRC provides the conditions of possibility for the production of ordinariness, and ensures that perpetrators and others who benefited during the apartheid regime, continue to do so, as issues of accountability and responsibility are not adequately addressed. / Thesis (M.A.)-University of Natal, Pietermaritzburg, 2000.
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The impact of privatisation on socio-economic rights and services in Africa: the case of water privatisation in South Africa.Mwebe, Henry January 2004 (has links)
This study generally centres on the debate about the impact of privatisation on socio-economic rights and services. The specific objective of the study is to establish whether the privatisation of water services in South Africa has led to denial of access, either through the lack of availability of a commercialised, cost-recovery service, or denial of access because of hight rates and resultant inability to pay. The study analysed how this has impacted on the states constitutional and international human rights obligation and how the resultant problems can be addressed. It examines whether or not privatisation, which is basically aimed at improving service delivery and bringing countries in line with globalisation principles, has actually achieved that objective.
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The desirability of consistency in constitutional interpretationDzingwa, Sithembiso Osborne 29 May 2012 (has links)
Globally, the justice system has set up courts to respond to complaints of a criminal and civil nature. Courts also respond to complaints which require swift relief by way of shortened procedures, in the form of motion proceedings. In all these complaints, courts have to respond in a manner that leaves litigants with a feeling of satisfaction that justice has been done.
To the end of ensuring that there is legal certainty, justice systems in all jurisdictions have established a hierarchy of courts, with lower courts being bound by the decisions of higher courts in their jurisdiction. There has been no problem in the application of this principle called stare decisis, or judicial precedent, in disputes of law. However, in disputes of constitutional interpretation, courts have demonstrated a marked shift from observing the rule of judicial precedent. The disregard for this rule manifests itself particularly in the adjudication of cases surrounded by controversy. It is argued herein that constitutional interpretation is no different from legal interpretation, in that the rule of judicial precedent which characterises court decisions in legal disputes, should characterise court decisions in constitutional interpretation disputes. The Constitutional Court of South Africa itself, though it is the highest arbiter in constitutional matters, is bound by its own previous decisions, unless its previous decisions have become manifestly wrong.
Three constitutional rights are analysed. The right to life in its three manifestations, namely, the right to life of the unborn child, the right to life of the convicted criminal not to be hanged, and the right of the terminally ill to continue living by receiving medical care at state expense. The other two rights are the right to privacy, and the right to culture.
The right to privacy is the right that has been claimed in political controversies. In isolated instances, specifically mentioned herein, the Constitutional Assembly and the drafters of the Constitution have also contributed to the resultant inconsistency in constitutional interpretation. This is especially so with regard to the right to practise one‘s culture. / Constitutional, International and Indigenous Law / LL.D.
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The role of the judiciary in a modern state with a tradition of legislative supremacyRamaite, Mashau Silas 06 1900 (has links)
The legislative supremacy of Parliament, a dominant characteristic of the Westminster system of government, has for a long time been the basic norm of South African constitutional law. In line with the Westminster prototype,
the South African judiciary did not have the power to review the substantive validity of legislation. The creation of a new order, based on a supreme Constitution which entrenches fundamental rights and gives the courts the
power to review not on! y the procedural validity but also the substantive validity of legislation, has brought about a significant change. This thesis examines the role of the South African judiciary during the transition from a system of legislative supremacy to one of constitutional supremacy and judicial review. The thesis is based on the interim Constitution of 1993. The entrenchment of fundamental human rights in the Constitution implies a
greater role for the judiciary. The judiciary has to apply and interpret the human rights provisions vigorously and fearlessly. The human rights provisions have to be applied and interpreted with a keen awareness that a
system of constitutional supremacy differs materially from one of legislative supremacy. In a system of legislative supremacy the intention of the legislature is paramount; in a system of constitutional supremacy the Constitution is supreme and overrides all laws, including Acts of Parliament, which are in conflict with it The doctrine of legislative supremacy has in the past led to a literalist and mechanical application of law; this has had a negative impact on the constitutional role of the South African judiciary. The provisions of a Constitution, especially its human rights provisions, are framed in wide and open ended terms; these need to be elaborated before they can be applied; the nature of these provisions, their purpose and the larger objects of the Constitution are important. The interpretation of the provisions of a supreme Constitution is incompatible with a literalistic and mechanical approach. A purposive and liberal or generous approach is called for. A framework and approach to the interpretation and application of South Africa's Bill of Rights are suggested in the thesis. / Constitutional International and Indigenous Law / LL.D.
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An analysis of De Klerk v Du Plessis 1994 6 BCLR 124 (T) in the light of section 35(3) of the constitution of South Africa Act 200 of 1993Selokela, Kwena Alfred 11 1900 (has links)
The issue of the vertical /or horizontal operation of the Bill of Rights (chapter 3) is a controversial one. The interim constitution deals with this controversy in a subtle way by avoiding direct horizontal operation of Chapter 3. Instead, it provides for the so-called 'seepage to horizontal relationships' in terms of section35{3). This apparently was a political compromise between the pro-vertical only and the pro-horizontal groups. The human rights history of this country justifies a Bill of Rights that would have both vertical and horizontal operation. However, in section
35 (3) there is potential for the values enshrined in the constitution and Chapter 3, and the spirit hereof, to permeate and filter through the entire legal system in all it's applications. It would seem, however, as demonstrated by the decision in De Klerk v Du Plessis, that the extent to which this filtering process will benefit individuals in their private relations, will depend on the interpretation given to section 35 (3) by the
courts. If courts, as it happend in De Klerk's case fail to realise the full import of section 35 ( 3) aspects of the existing law which are unjust could remain and the process of creating a just, open and democratic society will be
hampered. / Constitutional, International and Indigenous Law / LL.M.
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Beheer van die diskresionêre bevoegdhede van staatsamptenare : rol van die grondwet van die Republiek van Suid-Afrika, 1993 (Wet 200 van 1993)De Giorgi, Benita Valera 11 1900 (has links)
Ten einde arbitrere uitoefening van die diskresionere bevoegdhede waarmee staatsarnptenare
beklee word, te voorkom en te beperk, is beheer van sodanige bevoegdhede noodsaaklik.
In die verhandeling word die rol wat die Grondwet van die Republiek van Suid-Afrika, 1993
(Wet 200 van 1993) kan vervul in die uitoefening van beheer oor die diskresionere
bevoegdhede van staatsarnptenare ontleed. Sodanige ontleding geskied met verwysing na die
Handves van Menseregte en instellings en ampte wat hulle gesag en bevoegdhede aan die
1993-Grondwet ontleen. Bykomend hiertoe, word ondersoek ook ingestel na die belang en
relevansie van konstitusionalisme binne die konteks van publieke administrasie. / In order to prevent and to limit the arbitrary exercise of discretionary powers with which
public officials are endowed, it is necessary to control such powers. This dissertation
explores the role which the Constitution of the Republic of South Africa, 1993 (Act 200 of
1993) can fulfil in the exercise of control over the discretionary powers of public officials.
Analysis of the role of the 1993-Constitution in this regard, is done with reference to the Bill
of Rights and institutions and offices which derive their authority and powers from the
Constitution. In addition hereto, the importance and relevance of constitutionalism within the
context of public administration is also explored. / Public Administration and Management / M.A.
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Reg op regsverteenwoordiging met spesifieke verwysing na 'n handves van menseregteBarwise, Maria Elizabeth Danetta 11 1900 (has links)
Text in Afrikaans / The Constitution of the Republic of South Africa 200 of 1993 that took effect
from 27 April 1994, gave an accused a constitutional right to legal
representation.
Although the right of an accused to be legally represented formed an integral part
of the South African Law, the Constitution gave him the further right ofbeing
provided with legal representation at the cost of the State .
For the practical implementation ofthe Constitution extensive changes to the
current Legal Aid Scheme are essential .
This work is an investigation of the justification of an accused's right to legal
representation and the right to be provided with legal representation at the
expense of the State . The practical implementation of the Constitution is
discussed and suggestions are made that might be a solution to the current
problem of the provision of legal aid at the State's expense. / Die Grondwet van die Republiek van Suid-Afrika 200 van 1993 wat op 27 April
1994 in werking getree het, het konstitusionele erkenning verleen aan 'n
beskuldigde se reg op regsverteenwoordiging .
Alhoewel die reg van 'n beskuldigde tot regsverteenwoordiging inherent deel van
die Suid-Afrikaanse reg was het die Grondwet verder gegaan en 'n beskuldigde
die reg gegee om op staatskoste van regsverteenwoordiging voorsien te word .
Om die Grondwet prakties uitvoerbaar te maak sal ingrypende veranderings aan
die huidige Regshulpskema noodsaaklik wees .
Hierdie werk behels 'n regshistoriese - en regsvergelykende studie van die reg van
'n beskuldigde tot regsverteenwoordiging en die reg om op staatskoste van
regshulp voorsien te word . Die praktiese uitvoerbaarheid van die Grondwet word
bespreek en voorstelle word aan die hand gedoen om die huidige situasie, wat
betref die verskaffing van regshulp op staatskoste, te verbeter . / Criminal and Procedural Law / LL. M.
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