Faculty of Commerce, Law and Management (Research Outputs)

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End date: 2009Subject: search.filters.subject.South Africa

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Now showing 1 - 7 of 7
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    Substantive equality and transformation in South Africa
    (Juta and Co, 2007) Albertyn, Catherine
    This article considers whether ‘substantive equality’, as a transformative idea and legal mechanism in the South African Constitution, can generate legal solutions and court decisions that may result in transformative change. It does so by establishing a framework for analysing the ‘inclusionary’ or ‘transformatory’ effects of equality cases in relation to gender and sexual orientation. It argues that the idea of substantive equality is capable of addressing diverse forms of social and economic inequality, and that the legal form of substantive equality adopted by the Constitutional Court, emphasising context, impact, difference and values, has some potential for achieving meaningful social and economic change by and through courts. However, the manner is which the Court has engaged with this legal form suggests that the transformative possibilities of equality are constrained by a number of factors. These include institutional concerns, the capacity and willingness of judges to recognise and address the multiple systemic inequalities that still pervade our society as well as their ability to develop a consistently transformative jurisprudence that applies the ideas of substantive equality to the concepts and doctrines that underpin many equality claims.
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    Constitutional Court for South Africa
    (Centre for Applied Legal Studies, 1991-11) Haysom, N. R. L.
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    Mabangalala: The Rise of Right-Wing Vigilantes in South Africa
    (Centre for Applied Legal Studies, 1996) Haysom, Nicholas
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    Who owns South Africa? can the repeal of the Land Act de-racialise land ownership in South Africa?
    (Centre for Applied Legal Studies, 1991-02) Claassens, Aninka
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    Report on the Rabie Report: An Examination of Security Legislation in South Africa
    (1982-03-01) Dugard, John; Marcus, G. J.; Benjamin, P.; Doctor, B.; Mathews, A. S.; Rudolph, H. G.; van Zyl Smit, D.
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    Do blacks have a Right to Family Life? an examination of the concept "Ordinary Residence" in Section 10(1)(c) of the Blacks (Urban Areas) Consolidation Act 25 of 1945, as amended
    (Centre for Applied Legal Studies, 1979) Dixon, Marion L.
    This paper examines the issues arising out of legislation placing restrictions on Blacks' freedom of movement in apartheid South Africa.
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    Implementation of the child support grant: a study of four provinces and recommendations for improved service delivery
    (2008-03-18T11:02:22Z) Goldblatt, Beth; Rosa, Solange; Hall, Katharine
    Since its inception in 1998, the Child Support Grant (CSG) has been rolled out very rapidly and now reaches more than seven million children. It is having a significant impact on the alleviation of poverty by increasing children’s access to food, education and health care. Despite this remarkable achievement, not all poor children are managing to access the grant. The way in which the grant is implemented is not always consistent across provinces or even within provinces. Certain implementation problems mean added burdens for poor primary care-givers in their interaction with the Department of Social Development (DSD), and some of the other government departments. Many of these problems can be easily solved and conditions be improved for grant applicants and beneficiaries. Such improvements would go a long way towards the realisation of all people’s rights to social assistance, as set out in Section 27 of the South African Constitution. Improvements in implementation would also bring current practice in line with administrative law as set out in the Constitution, legislation and common law.