Research report in the Masters of Management in Public Policy, 2016 / This research assesses the challenges and prospects of the South African ‘Women Empowerment and Gender Equality (WEGE) Bill’. The bill, passed by the National Council of Provinces in March, 2014 seeks to reinforce rights and opportunities in advancing gender equality and women empowerment in the country. The scope of this study is national and uses scenario planning to explore the future of the WEGE Bill through reviewing fifteen written parliamentary submissions and eighteen questionnaires. Questionnaires were distributed to representatives from government, civil society organisations and the private sector. The findings of the study revealed that while South Africa has made great legal and policy strides in advancing gender equality, a lot still needs to be done to realise that end. The promulgation of the new WEGE Bill has also not provided sufficient justification or prospects for any greater impact in addressing gender inequalities more than any other existing laws or policies would. Greater political will and more robust processes of consultation and stakeholder engagement are essential to making decisions on future gender equality policy making. / MT2017

A dissertation submitted in fulfilment of the requirements for the degree of Masters of Arts by Dissertation to the School of Social Sciences, University of the Witwatersrand, Johannesburg, 2016 / This dissertation is an investigation of the conditions that would bring about the legal enforcement of the right to access sufficient food in South Africa as premised on the Constitution. This is motivated by the fact that modern-society has seen a gradual increase in the occurrence of socio-economic rights being protected through the legal opportunity structure of countries, ultimately leading to public interest litigation. At present, the right to food is being violated in South Africa. Taking into account the ambit of the constitution and several international instruments that speak to its realisation and the fact that there has been litigation on other socio-economic rights, suggesting that tools for litigation are in place, it is perplexing that right to food litigation has not taken place. The research question of this paper is therefore: which factors and conditions would have to be present for there to arise public interest litigation on the right to food in South Africa? Due to the fact that literature on right to food litigation is almost non-existent, especially for the African context, this is an explorative case study. The dissertation utilises an analytical framework to study the prospect of litigation on the right to food becoming a reality. The study is largely theory-driven, relying on various sources of evidence: secondary literature, conducted-research and official state documents speaking to the countries right to food narrative. The analysis reveals that there are many barriers to right to food litigation in South Africa. These mainly have to do with the conditions that impact the manner in which right to food violations are understood by the poor and marginalised in society on one hand and the responsiveness of the courts to the voice of the marginalised and poor on the other. The dissertation concludes that the most crucial factors for right to food litigation in South Africa to arise are the need for more information and awareness around the right to food; improved legal assistance for the hungry and poor; more trust in the legal system amongst those at the bottom of the pyramid; the need for a stronger focus on litigation strategies by civil society and advocacy groups and the need for judges to be more innovative in carrying-out their duties. The conclusions of this study have relevance for those working actively for the promotion and realisation of the right to food in South Africa. / GR2017

Detention without trial can be a formidable government weapon against political opponents. In South Africa this weapon has been fashioned into a multiple warhead. There are currently seven security law detention provisions on the statute book, of which one is dormant but can be activated by the State President. Non security law detention, for example detention under drug laws, will not be discussed in this paper. While the seven detention laws are of varying severity and serve different purposes, they are best classified and explained under two main categories or groups - preventive detention and pre-trial detention.

Thesis (LLM) --University of Limpopo, 2010

Thesis (LLM. (Labour Law)) -- University of Limpopo, 2011 / The definition of an employee in most protective labour legislations excludes various categories of workers. The definition of what an employee is, is different in labour legislation. A new presumption of what an employee is, is just a guideline and not exhaustive. The tests developed by our courts do not assist in defining an employee in boarderline cases. It is not simple as it originally seemed. In the beginning it seemed certain but in the end the definition can no longer be valid. The definition of an employee is a journey of a thousand miles which begins with the test step-with no end. The words of Francis Bacan seem to hold water regarding most definition of an employee. Francis Bacan said I quote ‘if a man will begin with certainties, he shall end in doubts, but if he will be content to begin with doubts, he shall end in certainties.

Thesis (LLM ( Labour Law)) --University of Limpopo, 2013. / The study will analyse the fairness or unfairness of precautionary suspensions and the rights of employees in the Public Service who are placed on precautionary suspensions with reference to section 23(1) of the Constitution of the Republic of South Africa, 1996, which states that: (1) “ Everyone has the right to fair labour practices” Section 186(2)(b) of the Labour Relations Act 66 of 1995 defines what an unfair labour practice is with specific reference to a precautionary suspension. It reads thus: (2) “ Unfair labour practice means any unfair act or omission that arises between an employer and an employee involving – (b) the unfair suspension of an employee or any other unfair disciplinary action short of dismissal in respect of an employee” The study will also look at circumstances under which precautionary suspension is invoked on Senior Management Service employees in the public service in terms of chapter 7, clause .2.7(2) of the Senior Management Service Handbook, 2003. Decided cases will be referred to which shows that one of the reasons why many precautionary suspensions are set aside when challenged in court, is because some employees who are assigned to deal with labour issues in the government departments are not competent to deal with those issues. The issue of political appointments impacts directly on service delivery if people are appointed to positions because of political affiliation than competency.

Thesis ( LLM.) --University of Limpopo, 2014 / The Enforcement of the right to housing is one of the greatest challenges facing South African Government. The slow rate of housing delivery has forced society to suspect corruption. Communities from different provinces have demonstrated, through strikes and protest to their local municipalities, to register their discontent about the slow pace of housing delivery. The study focuses more on groups of people who are unable to address their emergency housing needs from their own resources, such as, minors heading households, children without parents, elderly, disabled and unemployed people. The study further discusses the possible remedies to these vulnerable people when their right of access to adequate housing has been infringed, especially during eviction.

Laws in South Africa, such as the Children’s Amendment Act 41 of 2007(Government Gazette, Act 38 of 2005), is developed with good intentions of promoting prevention and intervention on various health-related issues. Laws also dictate, based on developmental and evolving capabilities, chronological ages at which children and adolescents may access certain healthcare services without parental consent, whilst limiting them in other areas such as decision-making for research participation. Of interest to this study is how specialists in health care, conceptualise, understand and apply “sufficient maturity” in their encounters with minors presenting for treatment, in order to identify key concepts of sufficient maturity. From the interviews conducted, themes were identified that were relevant to the construct of “sufficient maturity.”Results indicated that there were two primary perspectives participants used to assess “sufficient maturity” when minors presented for treatment.Health care practitioners, depending on the health care context, assess minors’ sufficient maturity in relation to, either a competency based or a deficiency model. / Thesis (M.A.)-University of KwaZulu-Natal, Pietermaritzburg, 2011.

No abstract available. / Thesis (LL.M)-University of Natal, Durban, 1997.

The value underlying privacy lies in the fact that it mirrors the very idea of human dignity and the protection of the personal realm. However operational requirements of employers and advancements in science and technology continuously challenge the notion of privacy in the workplace. Employees all over the world are victims of a number of privacy invasive measures including, but not limited to drug testing, background checks, HIV/AIDS testing and polygraph testing. Present day advancements in technology and science make the recognition and protection of the right to privacy even more urgent. The concept of privacy in the workplace has grown in importance as technology has enabled sophisticated forms of testing and monitoring of employees. As a result of these advancements a deep tension has arisen between two conflicting sets of principles. Consequently the rationale for this study is to strike a balance between the employee’s right to privacy and the employers right to conduct his or her business as he or she deems fit. This will be done through an analysis of a number of practices adopted by the employer in the workplace of which contribute to the infringement. Further the admissibility of such evidence procured by the employer through these practices will be interrogated. This is a significant issue as scientific and technological advancements have a very tangible impact on the wellbeing of employees. / Thesis (LL.M.)-University of KwaZulu-Natal, Durban, 2012.