"Against the preceding background, the phenomenon of privatisation has come to be a particularly important factor with respect to the progressive realisation of the right to water. Privatisation is the process of transferring property from public ownership to private ownership or transferring management of a service or activity from government to the private sector There has been a rapid growth in the privatisation of essential services in many African states, based on the belief that the private sector can deliver growth and efficiency more effectively than the public sector. This supposition has not been borne out by the available evidence. Cote d'Ivorie was the first African state to privatise its water delivery system in 1960. Since then, over 18 major water contracts have been awarded by at least 14 African states, including Senegal and South Africa, to private concernts for the delivery of water. A host of other states are planning to or are already in the process of privatising their water delivery systems. The main impetus behind this spate of sometimes frenzied privatisation, has been the World Bank and the International Monetary Fund (IMF), who make the privatisation of public services or utilities an unavoidable condition for loans to African states. These two institutions have however, quite recently, come under serious pressure to fundamentally rethink the use of conditionality and have initiated a series of evaluations which are expected to result in some critical conclusions. This study aims to demonstrate through the two case studies of Senegal and South Africa that privatisation of water by African states can affect the process of 'progressive realisation' and may actually result in the violation of the right to water guaranteed under international human rights law. It investigates whether privatisation of water by African states affects the obligation of progressive realisation of the right to water. The choice of Senegal and South Africa is based on the fact that studies on the development and impact of water privatisation in both states have been carried out and futher whilst Senegal is an example of 'privatisation forced by the World Bank', South Africa is not. In addition, both states are parties to international human rights instruments that implicitly or explicitly guarantee the right to water. ... Chapter 2 will discuss the 'right to water' and the obligation of progressive ralisation with regard to the overall promotion and protection of economic, social and cultural rights. It will examine whether such a right actually exists under international human rights law, its nature and extent and the content of the obligation to progressively realise it. Chapter 3 will focus on the process of privatisation, its varous forms and the impetus for such a process. It will also explore arguments in support of, and against, privatisation. Chapter 4 will analyse the impact of privatisation on the obligation to progressively realise the right to water by looking at the situation pre- and post-privatisation. Some concluding remarks will be made in chapter 5." -- Introduction. / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2006. / Prepared under the supervision of Prof. J. Oloka-Onyango at the Faculty of Law, Makerere University, Kampala, Uganda / http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html / Centre for Human Rights / LLM

"The study aims at exposing the uncertainties that surround the meaning and enforcement of environmental rights. The new South African constitutional dispensation and how it relates to the enforcement of environmental rights has been chosen as a case study. The South African situation is believed to be exemplary when it comes to the enforcement of fundamental freedoms. The South African Constitution provides for environmental rights alongh with mechanisms for their enforcement. The constitution also requires that legislative and policy measures are put in place to give effect to the rights in the Constituion. South Africa also has an idependent and rights oriented Constitutional Court that is capable of handing down decisions that can inspire the development of environmental rights jurisprudence. ... The work is divided into five chapters. Chapter one introduces the work. Chapter two is a conceptual framework that attempts to summarise different concepts surrounding the idea of environmental rights. Chapter three is on comparative jurisprudence, aimed at exposing existing global trends on the enforcement of environmental rights. Chapter four deals with the enforcement of environmental rights under the South African Constitution. Concluding remarks and recommendations are made in Chapter five." -- Chapter 1. / Supervised by George Agyeman Sarpong / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2001. / http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html / Centre for Human Rights / LLM

"The interest in food and its impact on, and relationship with, overall development only came in the late 1990s with the World Food Summit in Rome in 1996. It was only in this period that "food insecurity" was pinpointed as the root cause of underdevelopment-related problems. The causes for "food insecurity" themselves were identified and lack of food as such was not among the first problems: discrimination, misconceived policies and many others were. Even then food security issues were linked with poverty reduction and development as a whole, making food mainly a development issue and thus considering that dealing with one meant dealing with the other. This led to the adoption of what we now call Poverty Reducation Strategy Papers, ideas that first were initiated in the late 1990s. The adoption of Poverty Reduction Strategy Papers came about as a result of the growing need for a concise, target-oriented and country-specific policy for development. They have as a key objective to "develop and implement more effective strategies to fight poverty". Still, these PRSPs are a result of long studies on "effective strategies" that stretch along many years. The what, why and when of PRSPs will be seen in detail in the following sections of this paper. One of the major areas in which most of the PRSPs focus upon, is the reduction of food insecurity. The objective of this paper is to assess just how effective these papers have been in doing so and what is the future, immediate and long term, of these papers. Is it enough to address food security issues along with poverty reduction strategies when the effectiveness of the strategies themselves is still in doubt? The paper seeks to answer this question. To this effect, the history of the right to food in the United Nations human rights system, as well as the African human right system, is outlined in greater datail. The right to food as it stands now and the current understanding of "right to food" is then set out. In order to show the relationship between food, poverty and poverty reduction strategy papers, the reasons and events preceding the creation of PRSPs will be summarized. The next step is to analyze whether PRSPs properly integrates the "current understanding" of food, food insecurity and right to food (why/why not?). In particular two examples of approaches to the right to food will be examined: the Ethiopian and the South African examples, in order to provide a comparison of two different approaches towards the implementation of the right to food: the PRSP approach as is the case in the Ethiopian example, and the monitoring, justiciability and human rights approach as in South Africa." -- Introduction. / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2003. / http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html / Centre for Human Rights / LLM

In Africa, the fight against poverty has a great deal in common with the struggle for political and economic security. For many migrant workers around the continent and elsewhere, the need for socio-economic security serves as the underlining motive for migration to boundaries beyond their own, in search of ‘greener pastures’ - a life of dignity, respect and socio-economic security. The high level of infrastructure, economic and political stability remains an attractive incentive for irregular migrants to migrate to South Africa. Thousands of migrant workers make annually the journey to South Africa with the hope of finding a better life. However, their arrival in South Africa marks the beginning of an even more tenacious struggle against unimaginable odds. For many irregular migrants, the dream of a better life soon becomes a nightmare highlighted by constant struggle against xenophobia, police brutality, exploitation by unscrupulous employers, marginalisation and disregard for fundamental human rights by the state. / Mini Dissertation (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2011. / http://www.chr.up.ac.za/ / nf2012 / Centre for Human Rights / LLM

The African Charter on Human and Peoples‟ Rights (the Africa Charter), which is one of the constituents of the African human rights system, was adopted by the Assembly of Head of States and Governments of the OAU in 1981 and entered into force five years later in 1986. The African Charter covers a wider range of rights when compared to the other regional human rights instruments, such as the European and the Inter-American Human Rights Systems. As many writers indicated, the Africa Charter is designed to reflect the history, values, traditions, and development of Africa by joining collective rights and individual duties. The African Commission on Humans and Peoples‟ Rights (the Commission) is responsible for the enforcement of the African Charter. Currently, the African Charter has been ratified by 53 countries. South Africa has signed, ratified and deposited the Charter on 09 July 1996. / Prepared under the supervision of Dr. Letitia van der Poll, Faculty of Law of the University of the Western Cape, South Africa / Thesis (LLM (Human Rights and Democratisation in Africa))--University of Pretoria, 2011. / http://www.chr.up.ac.za/ / nf2012 / Centre for Human Rights / LLM

The research was submitted to the Faculty of Humanities, University of the Witwatersrand, Johanneburg, in partial fulfilment of the requirements for the degree of Masters in Drama Arts / This research explores the tension between women’s personal wellbeing, expectations and desires and the expectations imposed by cultural practices, customs, beliefs and norms. We know that there are harmful traditional cultural practices which violate the rights of women and that policies and legislative instruments have been put in place to outlaw these practices. Examples of such practices in South Africa include marriage by abduction, child marriages and virginity testing (Wadesango, et al., 2009). So far, the nature of interventions that deal with women’s rights in rural South African communities tends to focus on advocacy and education, but fail to recognize the existence of intergenerational conflict among women. This conflict compromises the ability for interventions focusing on women’s rights to have sustainable impact on the community and gives opportunity for further violation of women’s rights through harmful traditional cultural practices. This study demonstrates and offers the use of Story, in Applied Theatre and Drama (Chinyowa, (2001), Fox (2006), Mutwa, (1965), as a tool to engage women on traditional cultural practices which violate their rights. It takes a Generational Approach (Howe and Strauss, 2007) to understanding the underlying causes of the continuation of such practices by engaging with the personal narratives of an intergenerational group of women from Ntoane Village, Limpopo, South Africa. Using Narrative Inquiry (Hinchman & Hinchman, 1997), Reflective Practice (Schon, 1987) and Narrative Practice (Gubrium and Holstein1998) in partnership with Story, women from Generation X and Y cohorts embarked on a four-day process which revealed how the characteristics and behavioural patterns of each generation impact and determine the positioning of women in the community and ultimately women’s experiences of traditional cultural practices. The research findings suggest that applying a Generational Approach to social development processes in rural South African communities, as it proves in this research, may contribute to the sustainability of sociological interventions in such environments. / NG (2020)

The South African workforce has been transforming over centuries. Post -1994 South Africa brought about liberal changes in labour laws and policies, which saw women getting a four months maternity leave but there was a shortfall when it came to fathers in the workplace. The laws are mute about the father’s time off during birth of the child; the only provision made is the three days family responsibility leave. The purpose of this research was to explore the perceptions and experiences of fathers with regard to the absence of paternity leave in the legislation and their experiences in early child care with new-borns. The study used a qualitative strategy and a case study design to better understand the perceptions and experiences of employed fathers. A purposive and convenience sampling procedure were used, with a sample of 15 fathers with reproductive age ranging from 25 to 55. The fathers that were interviewed came from three different companies, where a semi structured interview was employed to collect data. Data was analysed using thematic analysis that allowed the researcher to identify the recurring themes. The findings of the study demonstrated a need for paternity leave to allow fathers to be involved with their new-borns. Various factors that came up during the analysis include bonding, the helper and supportive partner, and emotionally absent. These factors contributed to an emphasised need for paternity leave as participants narrated their experiences and challenges. With the implementation of paternity leave participants felt that ten days of leave provision in South Africa would be the first steps to moving towards gender equality in the workplace and strict measures need to be put in place to ensure that fathers do not misuse the paternity leave. The study recommends further research to be conducted on the mother’s perspective on paternity leave. It is also anticipated that the result may support the amendment of Basic Conditions of Employment Act, or develop progressive policy which can equally cater for both men and women in equal terms. Keywords: Basic Conditions of Employment Act, Paternity leave, Fatherhood, Family. / GR2018

The history of South African education should not be swept under the carpet when contemporary matters on education are discussed. Public education was brought to life in order to perpetuate the ideals of separate education and apartheid. the school manager was essentially an extension of the ruling party. He or she had to inform his or her subordinates what the authorities demanded to be done in educational circles. The 1996 Constitution (Act 108 of 1996) effectively assured a democratic order which would guarantee the removal of Acts which were discriminatory in nature. The 1996 Constitution lay the foundation for a democratic and open society which has high regard for human rights, childrens' rights and in particular the right of learners to education. The public school must implement the stipulations of the Constitution and of the South African Schools Act (Act 84 of 1996) which aspire to be in line with international human rights documents like the 1948 Declaration of Human Rights and the 1989 Convention on the Rights of the Child. This study is essentially about learner's right to education and the role of the public school in assisting learners to realise this right. All considerations are based on the democratic constitutional dispensation in South Africa after 1994. The study finally illuminates the level of preparedness of the parent community in forming a partnership with the public school so that learners can be assisted in realsing their rights to education. / Educational Studies / M.Ed. (Education Management)

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, & International Law / LL.D.

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.