Rationalisation of magisterial districts to transform the judiciary and widen access to justice under the RSA constitution of 1996
- Authors: Skosana, Jacob
- Date: 2024-01
- Subjects: Justice, Administration of , Law and socialism , Human rights -- South Africa
- Language: English
- Type: Doctoral theses , text
- Identifier: http://hdl.handle.net/10353/28162 , vital:72777
- Description: The study examines how pre-1994 magisterial districts jurisdictions denied access to justice to many South Africans, and ongoing efforts to reverse this injustice. Delayed rationalisation of the judiciary and reform of the courts territorial jurisdiction during the apartheid era exacerbated the problem. The courts administered justice along spatial racial divide, and given the location of the courts, many black communities had to commute long distances to access justice and at a great cost and inconvenience. The Constitution of South Africa of 1996 provides not only for the right to equality before the law and equal protection and benefit of the law but also the right to access the courts and seek recourse. In a period spanning eight years from December 2014, new magisterial districts were proclaimed in all the nine provinces of South Africa. Despite this milestone and the imperative of the 1996 Constitution, the rationalisation process is still in its infancy: old legislation and judicial structures remain intact; divisions of the High Court continue to exercise jurisdictions determined for the pre-1994 constitutional dispensation. The status quo continues to perpetuate the denial of access to justice to communities especially those living in areas that hitherto formed part of the former homelands and self-governing ‘states’. The study was conducted through a desktop survey of primary and secondary material relevant to the rationalisation process. It drew lessons from the re-demarcation of municipal boundaries which, like magisterial districts, were based on racial laws and policies of the past. It also contrasted rationalisation principles in comparable jurisdictions. The findings provide a useful contribution to the ongoing effort to effect rationalisation of the court system. They also contribute to knowledge and enriches our understanding of the relationship that underpins the administration of justice in a dispensation driven by democratic, human rights and constitutional ethos. , Thesis (PhD (LLD)) -- Faculty of Law, 2024
- Full Text:
- Date Issued: 2024-01
- Authors: Skosana, Jacob
- Date: 2024-01
- Subjects: Justice, Administration of , Law and socialism , Human rights -- South Africa
- Language: English
- Type: Doctoral theses , text
- Identifier: http://hdl.handle.net/10353/28162 , vital:72777
- Description: The study examines how pre-1994 magisterial districts jurisdictions denied access to justice to many South Africans, and ongoing efforts to reverse this injustice. Delayed rationalisation of the judiciary and reform of the courts territorial jurisdiction during the apartheid era exacerbated the problem. The courts administered justice along spatial racial divide, and given the location of the courts, many black communities had to commute long distances to access justice and at a great cost and inconvenience. The Constitution of South Africa of 1996 provides not only for the right to equality before the law and equal protection and benefit of the law but also the right to access the courts and seek recourse. In a period spanning eight years from December 2014, new magisterial districts were proclaimed in all the nine provinces of South Africa. Despite this milestone and the imperative of the 1996 Constitution, the rationalisation process is still in its infancy: old legislation and judicial structures remain intact; divisions of the High Court continue to exercise jurisdictions determined for the pre-1994 constitutional dispensation. The status quo continues to perpetuate the denial of access to justice to communities especially those living in areas that hitherto formed part of the former homelands and self-governing ‘states’. The study was conducted through a desktop survey of primary and secondary material relevant to the rationalisation process. It drew lessons from the re-demarcation of municipal boundaries which, like magisterial districts, were based on racial laws and policies of the past. It also contrasted rationalisation principles in comparable jurisdictions. The findings provide a useful contribution to the ongoing effort to effect rationalisation of the court system. They also contribute to knowledge and enriches our understanding of the relationship that underpins the administration of justice in a dispensation driven by democratic, human rights and constitutional ethos. , Thesis (PhD (LLD)) -- Faculty of Law, 2024
- Full Text:
- Date Issued: 2024-01
Reconciling the right to housing with the establishment of informal settlements in South Africa
- Authors: Dibela, Michael Mzwandile
- Date: 2015-05
- Subjects: Housing policy -- South Africa , Human rights -- South Africa , Social justice
- Language: English
- Type: Master's theses , text
- Identifier: http://hdl.handle.net/10353/25901 , vital:64562
- Description: After the advent of Democracy in 1994, the South African government prioritised the question of homelessness of the South African citizens in particular the previously disadvantaged people. Through its various departments nationally, provincially and locally, many legislations have been enacted in order to assuage this problem. The study seeks to find out what are the policies if any, and attempts which have been made by the government in eradicating this problem and whether sufficient funds are being channelled from the national and provincial government in an endeavour to eradicate the problem of homelessness and whether the government is winning the battle. , Thesis (MPhil) -- Faculty of Social Sciences and Humanities, 2015
- Full Text:
- Date Issued: 2015-05
- Authors: Dibela, Michael Mzwandile
- Date: 2015-05
- Subjects: Housing policy -- South Africa , Human rights -- South Africa , Social justice
- Language: English
- Type: Master's theses , text
- Identifier: http://hdl.handle.net/10353/25901 , vital:64562
- Description: After the advent of Democracy in 1994, the South African government prioritised the question of homelessness of the South African citizens in particular the previously disadvantaged people. Through its various departments nationally, provincially and locally, many legislations have been enacted in order to assuage this problem. The study seeks to find out what are the policies if any, and attempts which have been made by the government in eradicating this problem and whether sufficient funds are being channelled from the national and provincial government in an endeavour to eradicate the problem of homelessness and whether the government is winning the battle. , Thesis (MPhil) -- Faculty of Social Sciences and Humanities, 2015
- Full Text:
- Date Issued: 2015-05
Victims, survivors and citizens: human rights, reparations and reconciliation: inaugural lecture
- Authors: Asmal, Kader
- Date: 1992-05-25
- Subjects: Human rights -- South Africa , Civil rights -- South Africa
- Language: English
- Type: text , book
- Identifier: http://hdl.handle.net/10962/69386 , vital:29513 , ISBN 1868081212
- Description: The professorial inaugural lecture is for the university an occasion to celebrate - celebrate in the full meaning of the word, i.e. to perform publicly and duly, to observe and honour with rites and festivities, to publish abroad, praise and extol. Through the custom of the inaugural lecture the university celebrates and affirms its basic function, that of creating, preserving, transmitting and applying knowledge, particularly scientifically-based knowledge. The university appoints to the position of professor one who has attained excellence in the handling of knowledge in her or his discipline, and through a jealous watchfulness over the dignity and esteem of this time-honoured position of excellence amongst scholars, defends the capacity of the university to advance human knowledge and human progress. The University of the Western Cape is particularly honoured to celebrate by way of this address the inauguration of its first ever Professor of Human Rights Law. We take pride from both the position and the incumbent: the post demonstrates our commitment to scholarly relevance, the incumbent to the pursuit of excellence. This university has distinguished itself amongst South African educational institutions for the way that it has grappled with questions of appropriate intellectual and educational responses to the demands of the social and political environment. That search involved debates and contests over what constitutes knowledge or valuable knowledge, over the nature of the process of knowledge production, over the relationship between theory and practice, about autonomy and accountability, about the meaning of "community" and about how the activities of a university are informed by the definition and conception of "community". The decision to establish a chair in Human Rights Law was arrived at as part of that process of searching for the appropriate forms of curricular transformation. South African society with its history of colonial conquest and latterly apartheid rule is one bereft of a rights culture; and where the discussion of a bill of rights and the general establishment of an awareness of human rights had been started in recent times, it has often been motivated by a concern with the protection of traditionally advantaged sectors of society. A university like ours has an obligation to contribute to the debate about and the promotion of human rights in ways which will also be concerned with healing, reparation and reconstruction in this severely brutalised nation. In this address marking his formal assumption of the University of the Western Cape’s Chair in Human Rights Law, Kader Asmal gives testimony of the depth of scholarly rigour and the breadth of humane concern brought to and emanating from this position. The integral coming together of Asmal the international scholar, the anti-apartheid activist of long standing, the seasoned international solidarity worker, the spirited publicist is evidenced in this address which is sure to stand as a signal point of reference in our national debate about this complex subject. The University had been privileged to attract to its staff some of the finest scholars from the ranks of the formerly exiled South Africans; this inaugural ceremony provides the institution with the opportunity to welcome into its midst one of those in the person of Kader Asmal. , Publications of the University of the Western Cape ; series A, no. 64
- Full Text:
- Date Issued: 1992-05-25
- Authors: Asmal, Kader
- Date: 1992-05-25
- Subjects: Human rights -- South Africa , Civil rights -- South Africa
- Language: English
- Type: text , book
- Identifier: http://hdl.handle.net/10962/69386 , vital:29513 , ISBN 1868081212
- Description: The professorial inaugural lecture is for the university an occasion to celebrate - celebrate in the full meaning of the word, i.e. to perform publicly and duly, to observe and honour with rites and festivities, to publish abroad, praise and extol. Through the custom of the inaugural lecture the university celebrates and affirms its basic function, that of creating, preserving, transmitting and applying knowledge, particularly scientifically-based knowledge. The university appoints to the position of professor one who has attained excellence in the handling of knowledge in her or his discipline, and through a jealous watchfulness over the dignity and esteem of this time-honoured position of excellence amongst scholars, defends the capacity of the university to advance human knowledge and human progress. The University of the Western Cape is particularly honoured to celebrate by way of this address the inauguration of its first ever Professor of Human Rights Law. We take pride from both the position and the incumbent: the post demonstrates our commitment to scholarly relevance, the incumbent to the pursuit of excellence. This university has distinguished itself amongst South African educational institutions for the way that it has grappled with questions of appropriate intellectual and educational responses to the demands of the social and political environment. That search involved debates and contests over what constitutes knowledge or valuable knowledge, over the nature of the process of knowledge production, over the relationship between theory and practice, about autonomy and accountability, about the meaning of "community" and about how the activities of a university are informed by the definition and conception of "community". The decision to establish a chair in Human Rights Law was arrived at as part of that process of searching for the appropriate forms of curricular transformation. South African society with its history of colonial conquest and latterly apartheid rule is one bereft of a rights culture; and where the discussion of a bill of rights and the general establishment of an awareness of human rights had been started in recent times, it has often been motivated by a concern with the protection of traditionally advantaged sectors of society. A university like ours has an obligation to contribute to the debate about and the promotion of human rights in ways which will also be concerned with healing, reparation and reconstruction in this severely brutalised nation. In this address marking his formal assumption of the University of the Western Cape’s Chair in Human Rights Law, Kader Asmal gives testimony of the depth of scholarly rigour and the breadth of humane concern brought to and emanating from this position. The integral coming together of Asmal the international scholar, the anti-apartheid activist of long standing, the seasoned international solidarity worker, the spirited publicist is evidenced in this address which is sure to stand as a signal point of reference in our national debate about this complex subject. The University had been privileged to attract to its staff some of the finest scholars from the ranks of the formerly exiled South Africans; this inaugural ceremony provides the institution with the opportunity to welcome into its midst one of those in the person of Kader Asmal. , Publications of the University of the Western Cape ; series A, no. 64
- Full Text:
- Date Issued: 1992-05-25
Detention without trial: past, present and future
- Mathews, A S, Wylie, James Scott
- Authors: Mathews, A S , Wylie, James Scott
- Date: [1988]-02
- Subjects: Detention of persons -- South Africa , Human rights -- South Africa , Political prisoners -- South Africa
- Language: English
- Type: text , book
- Identifier: http://hdl.handle.net/10962/72512 , vital:30079
- Description: Detention without trial can be a formidable government weapon against political opponents. In South Africa this weapon has been fashioned into a multiple warhead. There are currently seven security law detention provisions on the statute book, of which one is dormant but can be activated by the State President. Non security law detention, for example detention under drug laws, will not be discussed in this paper. While the seven detention laws are of varying severity and serve different purposes, they are best classified and explained under two main categories or groups - preventive detention and pre-trial detention.
- Full Text:
- Date Issued: [1988]-02
- Authors: Mathews, A S , Wylie, James Scott
- Date: [1988]-02
- Subjects: Detention of persons -- South Africa , Human rights -- South Africa , Political prisoners -- South Africa
- Language: English
- Type: text , book
- Identifier: http://hdl.handle.net/10962/72512 , vital:30079
- Description: Detention without trial can be a formidable government weapon against political opponents. In South Africa this weapon has been fashioned into a multiple warhead. There are currently seven security law detention provisions on the statute book, of which one is dormant but can be activated by the State President. Non security law detention, for example detention under drug laws, will not be discussed in this paper. While the seven detention laws are of varying severity and serve different purposes, they are best classified and explained under two main categories or groups - preventive detention and pre-trial detention.
- Full Text:
- Date Issued: [1988]-02
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