Judicial enforcement of socio-economic rights under the 1996 constitution : realising the vision of social justice
- Authors: Ngcukaitobi, T
- Date: 2003
- Subjects: South Africa. Constitution , South Africa. Bill of Rights , Civil rights -- South Africa , Human rights -- South Africa , South Africa -- Politics and government -- 1994- , South Africa -- Economic conditions -- 1991- , South Africa -- Social conditions -- 1994-
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:3689 , http://hdl.handle.net/10962/d1003204 , South Africa. Constitution , South Africa. Bill of Rights , Civil rights -- South Africa , Human rights -- South Africa , South Africa -- Politics and government -- 1994- , South Africa -- Economic conditions -- 1991- , South Africa -- Social conditions -- 1994-
- Description: Few legal developments in South Africa and elsewhere in the world in recent times have excited such controversy as the legal recognition of social and economic rights. South Africa has created a special place for itself in world affairs for being one of the countries that recognise socio-economic rights in a justiciable Bill of Rights. Partly this is in response to the appalling levels of poverty prevalent in the country which could potentially destabilise the new democracy. Improvement of the quality of life of every citizen is a crucial step in consolidating the constitutional democracy. The question that will face any court in giving effect to socio-economic rights is: how are these rights to be judicially enforced in a given context? The crux of this thesis lies in the resolution of this question. Firstly this thesis traces the philosophical foundations to the legal recognition of socio-economic rights. It is stated that the recognition of these rights in a justiciable bill of rights requires a conceptually sound understanding of the nature of obligations that these rights place on the state. It is emphasised that it is imperative that access to justice be facilitated to poor and vulnerable members of society for the realisation of the constitutional goal of addressing inequality. Particular concern and priority should in this context be given to women, children and the disabled. The study explores various judicial remedies and makes suggestions on new and innovative constitutional mechanisms for judicial enforcement of these rights. It is concluded that there is an important role to be played by civil society in giving meaningful effect to socio-economic rights.
- Full Text:
- Authors: Ngcukaitobi, T
- Date: 2003
- Subjects: South Africa. Constitution , South Africa. Bill of Rights , Civil rights -- South Africa , Human rights -- South Africa , South Africa -- Politics and government -- 1994- , South Africa -- Economic conditions -- 1991- , South Africa -- Social conditions -- 1994-
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:3689 , http://hdl.handle.net/10962/d1003204 , South Africa. Constitution , South Africa. Bill of Rights , Civil rights -- South Africa , Human rights -- South Africa , South Africa -- Politics and government -- 1994- , South Africa -- Economic conditions -- 1991- , South Africa -- Social conditions -- 1994-
- Description: Few legal developments in South Africa and elsewhere in the world in recent times have excited such controversy as the legal recognition of social and economic rights. South Africa has created a special place for itself in world affairs for being one of the countries that recognise socio-economic rights in a justiciable Bill of Rights. Partly this is in response to the appalling levels of poverty prevalent in the country which could potentially destabilise the new democracy. Improvement of the quality of life of every citizen is a crucial step in consolidating the constitutional democracy. The question that will face any court in giving effect to socio-economic rights is: how are these rights to be judicially enforced in a given context? The crux of this thesis lies in the resolution of this question. Firstly this thesis traces the philosophical foundations to the legal recognition of socio-economic rights. It is stated that the recognition of these rights in a justiciable bill of rights requires a conceptually sound understanding of the nature of obligations that these rights place on the state. It is emphasised that it is imperative that access to justice be facilitated to poor and vulnerable members of society for the realisation of the constitutional goal of addressing inequality. Particular concern and priority should in this context be given to women, children and the disabled. The study explores various judicial remedies and makes suggestions on new and innovative constitutional mechanisms for judicial enforcement of these rights. It is concluded that there is an important role to be played by civil society in giving meaningful effect to socio-economic rights.
- Full Text:
Locating the institution of traditional leadership within the institutional framework of South Africa's new democracy
- Authors: Mashele, Hlukanisa Prince
- Date: 2003
- Subjects: Tribal government -- South Africa , Political leadership -- South Africa , South Africa -- Politics and government -- 1994-
- Language: English
- Type: Thesis , Masters , MA
- Identifier: vital:2858 , http://hdl.handle.net/10962/d1007512 , Tribal government -- South Africa , Political leadership -- South Africa , South Africa -- Politics and government -- 1994-
- Description: This study looks into the role of the institution of traditional leadership in post-apartheid South Africa. It seeks to critically engage the debate on how to locate the institution within the new politico-constitutional framework. This is done with the main objective of proposing an altemative to the current state of affairs vis-à-vis traditional leadership and governance in South Africa. In order to clear the ground, the study first deals with the important question of democracy in relation to the institution of traditional leadership. In this regard, the study unearthed that the institution of traditional leadership is fundamentally undemocratic in character, as it is largely based on heredity and devoid of principles of democracy such as equality, accountability, etc. In order to put matters into perspective the study also delves into the history of the institution of traditional leadership with the aim of getting to the role that traditional leaders played in various epochs of South Africa's political development. This investigation reveals that the denting of the integrity of the institution of traditional leadership began with the advent of colonialism and worsened by successive apartheid regimes. It is at these stages of development that the institution was subordinated to a higher authority that sought to use the institution as an instrument of domination and oppression of the black majority. Considering this role, it would seem that the place that the space that the institution occupies in the post-apartheid South African governance framework is a compromise. The institution plays an advisory role at all levels of government - with their houses in both national and provincial legislatures, whilst traditional leaders sit as ex-officio members on local councils. However, traditional leaders fiercely contest this position as, in their view, this limits their powers. The main argument of this study is that for traditional leaders to be given an advisory role in the current and future governance framework of the country is a step in the right direction, as that serves to insulate the institution from active politics. For that reason, the study recommends that the institution of traditional leadership should occupy a cultural space in society - meaning that it should be responsible for the preservation of African customs and culture. This, therefore, means that the institution is better-placed to advise government on cultural and customary aspects of development. Whilst playing this role, the institution of traditional leadership should also -be brought into line with democratic ways of governance.
- Full Text:
- Authors: Mashele, Hlukanisa Prince
- Date: 2003
- Subjects: Tribal government -- South Africa , Political leadership -- South Africa , South Africa -- Politics and government -- 1994-
- Language: English
- Type: Thesis , Masters , MA
- Identifier: vital:2858 , http://hdl.handle.net/10962/d1007512 , Tribal government -- South Africa , Political leadership -- South Africa , South Africa -- Politics and government -- 1994-
- Description: This study looks into the role of the institution of traditional leadership in post-apartheid South Africa. It seeks to critically engage the debate on how to locate the institution within the new politico-constitutional framework. This is done with the main objective of proposing an altemative to the current state of affairs vis-à-vis traditional leadership and governance in South Africa. In order to clear the ground, the study first deals with the important question of democracy in relation to the institution of traditional leadership. In this regard, the study unearthed that the institution of traditional leadership is fundamentally undemocratic in character, as it is largely based on heredity and devoid of principles of democracy such as equality, accountability, etc. In order to put matters into perspective the study also delves into the history of the institution of traditional leadership with the aim of getting to the role that traditional leaders played in various epochs of South Africa's political development. This investigation reveals that the denting of the integrity of the institution of traditional leadership began with the advent of colonialism and worsened by successive apartheid regimes. It is at these stages of development that the institution was subordinated to a higher authority that sought to use the institution as an instrument of domination and oppression of the black majority. Considering this role, it would seem that the place that the space that the institution occupies in the post-apartheid South African governance framework is a compromise. The institution plays an advisory role at all levels of government - with their houses in both national and provincial legislatures, whilst traditional leaders sit as ex-officio members on local councils. However, traditional leaders fiercely contest this position as, in their view, this limits their powers. The main argument of this study is that for traditional leaders to be given an advisory role in the current and future governance framework of the country is a step in the right direction, as that serves to insulate the institution from active politics. For that reason, the study recommends that the institution of traditional leadership should occupy a cultural space in society - meaning that it should be responsible for the preservation of African customs and culture. This, therefore, means that the institution is better-placed to advise government on cultural and customary aspects of development. Whilst playing this role, the institution of traditional leadership should also -be brought into line with democratic ways of governance.
- Full Text:
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