The ebb and flow of the separation of powers in South African constitutional law – the Glenister litigation campaign
- Authors: Krüger, Rósaan
- Date: 2015
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/71103 , vital:29784 , https://doi.org/10.5771/0506-7286-2015-1-49
- Description: This article considers the application of the doctrine of separation of powers by the South African judiciary in a series of judgments flowing from applications and appeals concerning the disbanding of a specialised crime-fighting unit, the Directorate of Special Operations (‘DSO’, colloquially known as ‘the Scorpions’) and the establishment of another unit, the Directorate of Priority Crimes (‘DCPI’, colloquially known as ‘the Hawks’) through legislative enactment. It traces the judiciary’s stance on the separation of powers in the different stages of the litigation - before, during and after the conclusion of the legislative process. It does so against the background of South African precedent on the doctrine and in the light of a perceived power imbalance between the branches of government. Ultimately, it questions the appropriateness of the current understanding of the doctrine of separation of powers in the context of a dominant-party democracy.
- Full Text: false
- Date Issued: 2015
- Authors: Krüger, Rósaan
- Date: 2015
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/71103 , vital:29784 , https://doi.org/10.5771/0506-7286-2015-1-49
- Description: This article considers the application of the doctrine of separation of powers by the South African judiciary in a series of judgments flowing from applications and appeals concerning the disbanding of a specialised crime-fighting unit, the Directorate of Special Operations (‘DSO’, colloquially known as ‘the Scorpions’) and the establishment of another unit, the Directorate of Priority Crimes (‘DCPI’, colloquially known as ‘the Hawks’) through legislative enactment. It traces the judiciary’s stance on the separation of powers in the different stages of the litigation - before, during and after the conclusion of the legislative process. It does so against the background of South African precedent on the doctrine and in the light of a perceived power imbalance between the branches of government. Ultimately, it questions the appropriateness of the current understanding of the doctrine of separation of powers in the context of a dominant-party democracy.
- Full Text: false
- Date Issued: 2015
The recognition of unenumerated rights in South Africa
- Krüger, Rósaan, Govindjee, Avinash
- Authors: Krüger, Rósaan , Govindjee, Avinash
- Date: 2012
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/71093 , vital:29783 , https://hdl.handle.net/10520/EJC153177
- Description: In 1997 a South African man married a woman who, at the time of the conclusion of their marriage, was a national of a foreign country. The couple decided to set up home and start a family in South Africa. They were advised that the granting of a permanent residence permit to the wife would only be considered upon payment of a hefty application fee, and that she had to apply for the permit from outside South Africa. The couple was of the view that the high cost of the application coupled with their temporary separation at the time of the lodging of the application amounted to an unjustifiable limitation of their right to family life. One of the obstacles faced by the couple was the silence of the South Africa Constitution on the right to family life.
- Full Text: false
- Date Issued: 2012
- Authors: Krüger, Rósaan , Govindjee, Avinash
- Date: 2012
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/71093 , vital:29783 , https://hdl.handle.net/10520/EJC153177
- Description: In 1997 a South African man married a woman who, at the time of the conclusion of their marriage, was a national of a foreign country. The couple decided to set up home and start a family in South Africa. They were advised that the granting of a permanent residence permit to the wife would only be considered upon payment of a hefty application fee, and that she had to apply for the permit from outside South Africa. The couple was of the view that the high cost of the application coupled with their temporary separation at the time of the lodging of the application amounted to an unjustifiable limitation of their right to family life. One of the obstacles faced by the couple was the silence of the South Africa Constitution on the right to family life.
- Full Text: false
- Date Issued: 2012
'Come back when you are 65, Sir': discrimination in respect of access to social assistance for the elderly
- Authors: Krüger, Rósaan
- Date: 2009
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/71119 , vital:29786 , http://www.ldd.org.za/images/stories/Ready_for_publication/V10-2_Come_back_65.pdf
- Description: Messrs Roberts, Whitebooi, Casling and Visagie are four elderly gentlemen who live in poverty in Gelvandale, Port Elizabeth. At the end of 2005 they wished to apply for social assistance from the State. At the time of their applications, the men were over the age of 60, but none of them had attained the age of 65. Had they been female, they would have qualified for social assistance in the form of old age pensions at the age of 60. 'These pensions would not have made them rich, but would have enabled them to sustain themselves.
- Full Text:
- Date Issued: 2009
- Authors: Krüger, Rósaan
- Date: 2009
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/71119 , vital:29786 , http://www.ldd.org.za/images/stories/Ready_for_publication/V10-2_Come_back_65.pdf
- Description: Messrs Roberts, Whitebooi, Casling and Visagie are four elderly gentlemen who live in poverty in Gelvandale, Port Elizabeth. At the end of 2005 they wished to apply for social assistance from the State. At the time of their applications, the men were over the age of 60, but none of them had attained the age of 65. Had they been female, they would have qualified for social assistance in the form of old age pensions at the age of 60. 'These pensions would not have made them rich, but would have enabled them to sustain themselves.
- Full Text:
- Date Issued: 2009
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