Constitutional & Human Rights Litigation
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A critical analysis of eThekwini Municipality’s bylaws that criminalise children in street situations.
(2022)For a little more than fifteen years, children in street situations have been a focus of concern for relief organisations, such as NGOs and governments. There are children on the streets in every country, which is an ... -
Public protector or paper tiger? personality, politics and performance: an analysis based on precedent.
(2021)Since the inception of the post-Apartheid era, the Public Protector has found its root of empowerment in legislation (the Constitution and the Public Protector Act), which primarily constructs it as an independent and ... -
Seeking tenure security: an analysis of the Communal Land Tenure Bill and its purported promise to give effect to section 25(6) of the Constitution.
(2022)Since the demise of apartheid, land reform has been one of the greatest challenges facing the democratic dispensation. Section 25(6) of the Constitution provides that “a person or community whose tenure of land is legally ... -
Truth and reconciliation in South Africa vs Gacaca Courts in Rwanda: transitional justice mechanisms, and the need for reparations.
(2021)The year 1994 will forever be earmarked as the most eventful year in the history books of both South Africa and Rwanda. For South Africa, the year represented a long-awaited transition from an apartheid and segregationist ... -
Prospect of merging the South African Human Rights Commission and Commission for Gender Equality into a single human rights body.
(2021)A decade after the introduction of Chapter 9 institutions supporting democracy, the Ad Hoc Parliamentary Committee appointed to review these institutions found that all except the South African Human Rights Commission ... -
An analysis of multilingualism as an approach to language-in-education policies of the Department of Basic Education in relation to the promotion of indigenous languages as languages of teaching and learning, in accordance with section 29(2) of the Constitution of the Republic of South Africa.
(2021)The Constitution of South Africa recognises eleven official languages, nine of which are considered indigenous African languages. This recognition seeks to provide for language protection, promote multilingualism and create ... -
Tensions between the powers of parliament and the privileges and immunities of parliamentarians in South Africa.
(2021)The doctrine of parliamentary privilege is a global phenomenon. It has its genesis in the English history. It came about as a result of confrontations between the monarch and Parliament. Parliamentarians fought for the ... -
Balancing the right to peaceful use and enjoyment of private property with the right of access to adequate housing and the government’s legitimate interest thereto.
(2020)In the pre-constitutional dispensation, the courts could grant an eviction order without considering the risk of homelessness to the evictees. This was possible because there was no constitutional right of access to ... -
Constitutional reform in Africa: positioning the new constitutional court of Zimbabwe in the transformation of civil and political rights.
(2019)This thesis investigated the prospects of the transformation of civil and political rights through the courts in Zimbabwe. The arguments made were based on the concepts of transformative adjudication and transformative ... -
Enforcement of “human rights” standards against multinational corporations.
(2019)No abstract available. -
The use of land restitution as a means of protecting indigenous knowledge systems for the purpose of realising food sovereignty.
(2019)This mini-dissertation will explore the Indigenous Knowledge Systems and food sovereignty in light of South Africa's stance on land restitution. It will critically discuss Indigenous Knowledge Systems as they relate to ... -
Deconstructing section 25(3) of the Constitution: have the courts adopted a progressive approach in interpreting section 25(3): a critical study of Uys NO and another v Msiza and others?
(2020)Section 25(2) of the Constitution provides that property may expropriated only in terms of law of general application for a public purpose or in the public interest, subject to compensation. Section 25(3) provides further ... -
A critical analysis of the home mortgage foreclosure requirements and procedure in South Africa and proposals for legislative reform.
(2020)The execution against immovable property, or foreclosure, involves a delicate balancing of mortgagor and mortgagee rights. From a mortgagor perspective, he or she is protected by Section 26 (1) of the South African ... -
Separation of powers in the South African context: Is there space for the political question doctrine?
(2019)In a constitutional democracy the courts are usually given the power of judicial review. This power allows the courts to review legislative and executive conduct and test it against the constitution. If the conduct in ... -
Dignity of an ex-convict in South Africa : a critical discussion.
(2018)The constitutions of many countries do not provide a clear definition of the concept of dignity. This study scrutinises the meaning of dignity and the violation of ex-convicts’ right to dignity in South Africa. Government ... -
The violation of rights of prisoners in South Africa after 1996: medico-legal implications.
(2018)Post-1994 and following the adoption of the Constitution of the Republic of South Africa on 8 May 1996, the Constitution has since become the supreme law of the country and any conduct or law that is in conflict with its ... -
The best interests of whose child? : an examination of African customary law in matters relating to children switched at birth.
(2018)Children switched at birth present not only emotional trauma but also a legal battle for all parties concerned. Thus the story of M and Z (an African boy and girl) switched at birth in OR Tambo Hospital on August 2, 2010 ...
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