Pub Date : 2021-01-28DOI: 10.17159/2077-4907/2021/ldd.v25.21
Paul Nkoane
The Constitution of the Republic of South Africa, 1996 is supreme. It can be used to assess the soundness of various policies and laws. This statement has however been challenged based on the apparent limited range of the provisions of the Constitution. The Bill of Rights enshrined in the Constitution comprises of dedicated rules intended to address certain issues. Owing to this supposed limitation, some have questioned the tag of supremacy attached to the Constitution. The article examines how the Constitutional Court has decided issues which did not raise clear constitutional questions to determine whether values could be used to decide various issues of law. This determination, similarly, informs whether constitutional values could be used to administer matters of general public importance that are not founded on clear constitutional questions.
{"title":"Deciding non-constitutional matters of general public importance in South African law: can constitutional values be used?","authors":"Paul Nkoane","doi":"10.17159/2077-4907/2021/ldd.v25.21","DOIUrl":"https://doi.org/10.17159/2077-4907/2021/ldd.v25.21","url":null,"abstract":"The Constitution of the Republic of South Africa, 1996 is supreme. It can be used to assess the soundness of various policies and laws. This statement has however been challenged based on the apparent limited range of the provisions of the Constitution. The Bill of Rights enshrined in the Constitution comprises of dedicated rules intended to address certain issues. Owing to this supposed limitation, some have questioned the tag of supremacy attached to the Constitution. The article examines how the Constitutional Court has decided issues which did not raise clear constitutional questions to determine whether values could be used to decide various issues of law. This determination, similarly, informs whether constitutional values could be used to administer matters of general public importance that are not founded on clear constitutional questions.","PeriodicalId":341103,"journal":{"name":"Law, Democracy and Development","volume":"104 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-01-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116212037","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-01-28DOI: 10.17159/2077-4907/2021/ldd.v25.18
C. Kavuro
This article examines the attempts made by both the Executive and Parliament to curb marriages of convenience through the revision of refugee and immigration laws. Asylum seekers or economic migrants use marriages of convenience largely to legitimise their stay in South Africa. South African authorities regard these marriages of convenience as a threat both to South African society as they violate pro-marriage policies and anti-irregular migrant policies, and to national security as they defeat the object of the institution of marriage. In this context, the article explores the complexities of combating marriages of convenience on the basis of the principle of consent on which a valid marriage is fundamentally constructed, and also on the basis of an analysis of judicial opinions holding that a marriage of convenience must be terminated by a decree of divorce.
{"title":"Marriages of convenience through the immigration lens: concepts, issues, impact and policies","authors":"C. Kavuro","doi":"10.17159/2077-4907/2021/ldd.v25.18","DOIUrl":"https://doi.org/10.17159/2077-4907/2021/ldd.v25.18","url":null,"abstract":"This article examines the attempts made by both the Executive and Parliament to curb marriages of convenience through the revision of refugee and immigration laws. Asylum seekers or economic migrants use marriages of convenience largely to legitimise their stay in South Africa. South African authorities regard these marriages of convenience as a threat both to South African society as they violate pro-marriage policies and anti-irregular migrant policies, and to national security as they defeat the object of the institution of marriage. In this context, the article explores the complexities of combating marriages of convenience on the basis of the principle of consent on which a valid marriage is fundamentally constructed, and also on the basis of an analysis of judicial opinions holding that a marriage of convenience must be terminated by a decree of divorce.","PeriodicalId":341103,"journal":{"name":"Law, Democracy and Development","volume":"37 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-01-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125861152","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
1 Water is essential for people, plants and animals to survive on earth. Water is further vital for inter alia health, religious purposes, as well as responsible socio-economic growth. Barrett D & Jaichand V “The right to water, privatised water and access to justice: tackling United Kingdom water companies’ practices in developing countries” (2007) November 3, 2006 South African Journal of Human Rights 561; Crow B & Sultana F “Gender, class and access to water: three cases in a poor and crowded delta” (2002) 15(8) Society & Natural Resources: An International Journal 709; Cullet P Water law, poverty, and development water reforms in India (Oxford: Oxford University Press 2009) 8-17; Seckler D, Barker R & Amarasinghe U “Water scarcity in the twenty-first century” (1999) 15 International Journal of Water Resources Development 29; Thompson H Water law a practical approach to resource management & the provision of services (Cape Town: Juta 2006) 3; Vandermyde R “My water, my rights: ethics and implications of water privatisation” (2015) available at http://digitalcommons.augustana.edu/cgi/view content.cgi?article=1001&context=ethicscontest (accessed 17 April 2017). 2 Thompson (2006) 1; United Nations Committee on Economic, Social and Cultural Rights (CESCR), General Comment 15 “The right to water” (Articles 11 & 12 of the Covenant) (29th session, 2003) [UN Doc E/C 12/2002/11] (20 January 2003). LAW DEMOCRACY & DEVELOPMENT
水是人类、植物和动物在地球上生存所必需的。水对保健、宗教目的以及负责任的社会经济增长也至关重要。Barrett D & Jaichand V，《水权、水私有化和诉诸司法:解决英国水务公司在发展中国家的做法》(2007)，2006年11月3日，《南非人权杂志》561;Crow B & Sultana F“性别、阶级和水的获取:贫穷和拥挤的三角洲的三个案例”(2002)15(8)社会与自然资源:国际期刊709;《水法、贫困与发展:印度的水改革》(牛津:牛津大学出版社2009)8-17;Seckler D, Barker R & Amarasinghe U“21世纪的水资源短缺”(1999)15国际水资源发展杂志29;汤普森H水法:资源管理和服务提供的实用方法(开普敦:Juta 2006) 3;Vandermyde R:《我的水，我的权利:水资源私有化的伦理和影响》(2015)，可在http://digitalcommons.augustana.edu/cgi/view content.cgi?article=1001&context=ethicscontest(访问日期为2017年4月17日)。2汤普森(2006)1;联合国经济、社会和文化权利委员会(CESCR)，第15号一般性意见“水权”(《公约》第11和12条)(2003年第29届会议)[UN Doc E/C 12/2002/11](2003年1月20日)。法制民主与发展
{"title":"South Africa s water crisis: The idea of property as both a cause and solution","authors":"Germarie Viljoen","doi":"10.4314/ldd.v21i1.9","DOIUrl":"https://doi.org/10.4314/ldd.v21i1.9","url":null,"abstract":"1 Water is essential for people, plants and animals to survive on earth. Water is further vital for inter alia health, religious purposes, as well as responsible socio-economic growth. Barrett D & Jaichand V “The right to water, privatised water and access to justice: tackling United Kingdom water companies’ practices in developing countries” (2007) November 3, 2006 South African Journal of Human Rights 561; Crow B & Sultana F “Gender, class and access to water: three cases in a poor and crowded delta” (2002) 15(8) Society & Natural Resources: An International Journal 709; Cullet P Water law, poverty, and development water reforms in India (Oxford: Oxford University Press 2009) 8-17; Seckler D, Barker R & Amarasinghe U “Water scarcity in the twenty-first century” (1999) 15 International Journal of Water Resources Development 29; Thompson H Water law a practical approach to resource management & the provision of services (Cape Town: Juta 2006) 3; Vandermyde R “My water, my rights: ethics and implications of water privatisation” (2015) available at http://digitalcommons.augustana.edu/cgi/view content.cgi?article=1001&context=ethicscontest (accessed 17 April 2017). 2 Thompson (2006) 1; United Nations Committee on Economic, Social and Cultural Rights (CESCR), General Comment 15 “The right to water” (Articles 11 & 12 of the Covenant) (29th session, 2003) [UN Doc E/C 12/2002/11] (20 January 2003). LAW DEMOCRACY & DEVELOPMENT","PeriodicalId":341103,"journal":{"name":"Law, Democracy and Development","volume":"169 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-04-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132491465","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
CITATION: Botha, H. 2017. Fundamental rights and democratic contestation : reflections on freedom of assembly in an unequal society. Law, Democracy & Development, 21:221-238, doi:10.4314/ldd.v21i1.11.
引用本文:Botha, H. 2017。基本权利与民主辩论:对不平等社会中集会自由的思考。法制、民主与发展，21 (21):221-238,doi:10.4314/ lld .v21i1.11。
{"title":"Fundamental rights and democratic contestation: reflections on freedom of assembly in an unequal society","authors":"H. Botha","doi":"10.4314/LDD.V21I1.11","DOIUrl":"https://doi.org/10.4314/LDD.V21I1.11","url":null,"abstract":"CITATION: Botha, H. 2017. Fundamental rights and democratic contestation : reflections on freedom of assembly in an unequal society. Law, Democracy & Development, 21:221-238, doi:10.4314/ldd.v21i1.11.","PeriodicalId":341103,"journal":{"name":"Law, Democracy and Development","volume":"106 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-04-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124901102","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Today, the world is the city’s oyster. Long gone are the days when municipalities of the world governed and planned in a vacuum that was shaped only by national law and policy. Globalization and unprecedented urban growth have generated such opportunities and challenges that the world is more interested than ever in the form and function of its cities and urban human settlements. Notably, cities are positioning themselves as critical to global interests (such as reacting to climate change and terrorism) and increasingly find themselves central in and responsive to international fora where national programs appear to be absent or ineffective.1 There is a move towards
{"title":"The readiness of South African law and policy for the pursuit of Sustainable Development Goal 11","authors":"A. D. Plessis","doi":"10.4314/LDD.V21I1.12","DOIUrl":"https://doi.org/10.4314/LDD.V21I1.12","url":null,"abstract":"Today, the world is the city’s oyster. Long gone are the days when municipalities of the world governed and planned in a vacuum that was shaped only by national law and policy. Globalization and unprecedented urban growth have generated such opportunities and challenges that the world is more interested than ever in the form and function of its cities and urban human settlements. Notably, cities are positioning themselves as critical to global interests (such as reacting to climate change and terrorism) and increasingly find themselves central in and responsive to international fora where national programs appear to be absent or ineffective.1 There is a move towards","PeriodicalId":341103,"journal":{"name":"Law, Democracy and Development","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-04-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128623204","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"A Comparative analysis of the United Nations Convention on the Rights of Persons with Disability and the African Draft Protocol on the Rights of Persons with Disabilities","authors":"K. Appiagyei-Atua","doi":"10.4314/LDD.V21I1.8","DOIUrl":"https://doi.org/10.4314/LDD.V21I1.8","url":null,"abstract":"","PeriodicalId":341103,"journal":{"name":"Law, Democracy and Development","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-04-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125362619","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Judicial review of administrative and executive decisions: Overreach, activism or pragmatism?","authors":"Prenisha Sewpersadh, John C Mubangizi","doi":"10.4314/LDD.V21I1.10","DOIUrl":"https://doi.org/10.4314/LDD.V21I1.10","url":null,"abstract":"","PeriodicalId":341103,"journal":{"name":"Law, Democracy and Development","volume":"04 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-04-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129853464","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Academic freedom, institutional autonomy and the University of Malawi: An analysis of some trends and prospects","authors":"M. J. Nkhata","doi":"10.4314/LDD.V21I1.7","DOIUrl":"https://doi.org/10.4314/LDD.V21I1.7","url":null,"abstract":"","PeriodicalId":341103,"journal":{"name":"Law, Democracy and Development","volume":"21 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-04-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126194515","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The post-1994 South African democratic State has been successful in reconfiguring the national higher education system from one based on racial divide to a more inclusive regime1. While access has improved tremendously, there are still challenges which include: student success; funding; unemployed graduates; and infrastructure to accommodate growing student numbers, etc.2 These challenges are better illustrated by the 2015-2016 #FessMustFall student protests.3 Nixon expounded on the role of higher education institutions in a modern society as follows.
{"title":"Higher education access in South Africa for students with criminal records","authors":"Taabo Mugume","doi":"10.4314/LDD.V21I1.2","DOIUrl":"https://doi.org/10.4314/LDD.V21I1.2","url":null,"abstract":"The post-1994 South African democratic State has been successful in reconfiguring the national higher education system from one based on racial divide to a more inclusive regime1. While access has improved tremendously, there are still challenges which include: student success; funding; unemployed graduates; and infrastructure to accommodate growing student numbers, etc.2 These challenges are better illustrated by the 2015-2016 #FessMustFall student protests.3 Nixon expounded on the role of higher education institutions in a modern society as follows.","PeriodicalId":341103,"journal":{"name":"Law, Democracy and Development","volume":"72 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-09-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115339717","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The role played by international law in guaranteeing the right to an adequate standard of living is an important one.1 For a number of years, international bodies have sought to introduce certain levels of financial and other benefits which aim to provide for a basic standard of living for persons in need.2 In addition, international law has recently turned to the issue of the rights of persons with disabilities, which includes the right to social security and an adequate standard of living. The United Nations (UN) Convention on the Rights of Persons with Disabilities (CRPD)3 was adopted by the General
{"title":"State obligations in international law related to the right to an adequate standard of living for persons with disabilities","authors":"Yvette Basson","doi":"10.4314/LDD.V21I1.4","DOIUrl":"https://doi.org/10.4314/LDD.V21I1.4","url":null,"abstract":"The role played by international law in guaranteeing the right to an adequate standard of living is an important one.1 For a number of years, international bodies have sought to introduce certain levels of financial and other benefits which aim to provide for a basic standard of living for persons in need.2 In addition, international law has recently turned to the issue of the rights of persons with disabilities, which includes the right to social security and an adequate standard of living. The United Nations (UN) Convention on the Rights of Persons with Disabilities (CRPD)3 was adopted by the General","PeriodicalId":341103,"journal":{"name":"Law, Democracy and Development","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-09-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122619844","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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