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The status of the African Charter on Human and Peoples’ Rights under the South African legal system South African Journal on Human Rights (IF 0.806) Pub Date : 2024-04-01 Muyiwa Adigun
The relationship between international law and South African legal order has been much examined. However, that of the African Charter on Human and Peoples’ Rights and the South African legal system...
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The child’s right to basic education: A model to measure South Africa’s compliance with its international obligations South African Journal on Human Rights (IF 0.806) Pub Date : 2024-03-28 Annemarie Strohwald, Debbie Horsten
Realising the child’s right to basic education is not an easy undertaking, as states face enduring challenges in the development and implementation of their legal frameworks. With the ratification ...
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Applying the intersection between defence of the inherent requirements of the job and the duty to provide reasonable accommodation for persons with disabilities in the workplace: Damons v City of Cape Town South African Journal on Human Rights (IF 0.806) Pub Date : 2024-03-20 Charles Ngwena
In Damons v City of Cape Town (2022), by a majority, the Constitutional Court held that the inherent requirements of the job defence in s 6(2)(b) of the Employment Equity Act is a complete defence ...
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A renewed argument for the designation of Social Security Law as a module in the LLB curriculum South African Journal on Human Rights (IF 0.806) Pub Date : 2024-03-06 Kitty Malherbe, Swikani Ncube
The Covid-19 pandemic and the government’s response thereto has shifted socio-economic rights to the forefront of the nation’s attention. Social security measures formed the vanguard of measures to...
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Constitutional morality in South Africa: Is it the missing link? South African Journal on Human Rights (IF 0.806) Pub Date : 2024-02-27 Hoolo ‘Nyane
The Constitution of South Africa is lauded worldwide for its progressiveness. This paean status notwithstanding, there is an increasing sense that the Constitution’s transformative ideals are gradu...
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Human dignity and the human personality: Developing an ideological basis for the constitutionalisation of the common law of personality South African Journal on Human Rights (IF 0.806) Pub Date : 2023-11-27 C. J. Visser
This article examines the multi-faceted nature of human dignity as a constitutional value, together with its interplay with other constitutional values, to provide an ideological basis for the cons...
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Involving South Africa’s Human Rights Commission in environmental protection: South African Human Rights Commission v Msunduzi Local Municipality South African Journal on Human Rights (IF 0.806) Pub Date : 2023-11-27 Meeschka Diedericks, Felix Dube, Anél du Plessis
Section 24 of the Constitution of the Republic of South Africa, 1996, provides that everyone has a right to an environment that is not harmful to their health or well-being. However, the protection...
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South African Human Rights Commission obo South African Jewish Board of Deputies v Masuku: The rejection of the International Holocaust Remembrance Alliance definition South African Journal on Human Rights (IF 0.806) Pub Date : 2023-11-07 Jeremy Phillips
The International Holocaust Remembrance Alliance definition of antisemitism is routinely invoked to silence legitimate criticism of the State of Israel. According to the definition, comparisons of ...
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Renewal and Reform: Special Issue on ‘Realising the Rights of Children to Quality Early Childhood Development in South Africa’ South African Journal on Human Rights (IF 0.806) Pub Date : 2023-07-07 Nurina Ally, Karabo Ozah, Tess N. Peacock
Published in South African Journal on Human Rights (Vol. 38, No. 3-4, 2022)
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Advancing early childhood development: The role of local government South African Journal on Human Rights (IF 0.806) Pub Date : 2023-06-16 Tess N. Peacock
Abstract This article details various interpretations of local governments’ responsibilities relating to their ‘child care facilities’ function in the Constitution of the Republic of South Africa, 1996. It concludes that municipalities have historically had the primary function of ensuring a healthy and safe physical environment for young children, and this function must continue. There is room, however
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Early childhood development and decent jobs for women: Planting two trees from one seed? South African Journal on Human Rights (IF 0.806) Pub Date : 2023-06-16 Megan Rose Bryer, Yana van Leeve
Abstract This article examines the tension in the South African early childhood development policy space between expanding necessary social services to young children (and their caregivers) and increasing job opportunities for women, in the context of neoliberal economic policies aimed at decreasing public spending on social services. These tensions arise most sharply between developing a universal
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New beginnings: The right to equality and early childhood care and education South African Journal on Human Rights (IF 0.806) Pub Date : 2023-06-05 Sandra Fredman, Georgina Donati, Sara Naicker
Abstract While South Africa has seen important advances in the provision of early childhood care and education (ECCE), about 3.2 million children still lack access to any programme. Problems of access and quality are most pronounced in the poorest communities. Even before Covid-19 forced many providers to close, these programmes were overcrowded, with poor infrastructure, and an under-paid and under-qualified
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Poverty discrimination under the Promotion of Equality and Prevention of Unfair Discrimination Act: A transformative substantive equality approach South African Journal on Human Rights (IF 0.806) Pub Date : 2023-06-02 Gideon Basson
Abstract This article considers the implications of a transformative substantive equality interpretation of the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 (the Equality Act) for the interpretation stage of a claim of poverty-based discrimination. It draws from the work of the critical social and global justice theorist, Nancy Fraser, to briefly develop and extend existing
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Cognitive liberty and the constitutionality of criminalising psilocybin mushrooms in South Africa South African Journal on Human Rights (IF 0.806) Pub Date : 2023-05-11 Sebastian William Foster
Abstract The principle of cognitive liberty is assessed as a ground for challenging the constitutionality of the criminalisation of psilocybin mushrooms. To do so, s 12 of the Constitution of the Republic of South Africa, 1996, is analysed, determining that s 12(2) is not a numerus clausa and is capable of enforcing further protections and/or entitlements, such as cognitive liberty. Further, it is
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In whose best interests? The ECD regulatory framework, understandings of the best interests of the young child and access to quality early education South African Journal on Human Rights (IF 0.806) Pub Date : 2023-03-09 Linda Biersteker, Lizette Berry, Malibongwe Gwele
Abstract The Constitution of the Republic of South Africa 1996, and early childhood development policy, legislation and regulations prioritise the best interests of the child. The United Nations Committee on the Rights of the Child General Comment 7 provides guidance on how best interests should be applied for young children to protect their rights and promote their survival, protection, and development
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Ending Childhood Obesity: A Challenge at the Crossroads of International Economic and Human Rights Law South African Journal on Human Rights (IF 0.806) Pub Date : 2023-03-09 Salona Lutchman, Salona Lutchman
Published in South African Journal on Human Rights (Vol. 38, No. 3-4, 2022)
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Is the automatic loss of South African citizenship for those acquiring other citizenships constitutional? Democratic Alliance v Minister of Home Affairs South African Journal on Human Rights (IF 0.806) Pub Date : 2023-01-08 David Bilchitz, Reuven (Ruvi) Ziegler
Published in South African Journal on Human Rights (Vol. 39, No. 1, 2023)
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Assessing the policy options for the public provisioning of early childhood development programmes South African Journal on Human Rights (IF 0.806) Pub Date : 2022-12-20 Laura Emily Brooks, Janeli Kotzé, Colin Almeleh, Enganas Senona
Abstract Levels of access to early childhood development (ECD) programmes in South Africa are around 35 per cent for children aged zero to five, and lower for children in poor households. This despite evidence linking participation to benefits that address poverty, inequality and unemployment, especially for children from disadvantaged backgrounds. Notwithstanding government’s commitment to ECD as
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Freedom of religion and places of worship during Covid-19 South African Journal on Human Rights (IF 0.806) Pub Date : 2022-12-19 Waheeda Amien
Abstract With reference to places of worship, this article considers the justifiable extent to which freedom of religion may be limited within the context of a global pandemic. While the article focuses on the 2020 South African case of Muhammed Bin Hassam Mohamed v The President of the Republic of South Africa, it also draws on five USA cases for comparative purposes. The article demonstrates that
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The right of children with disabilities to early childhood development: Is South Africa complying with international law? South African Journal on Human Rights (IF 0.806) Pub Date : 2022-12-10 Mildred Bekink
Abstract Early childhood development is critical for children’s optimal development. This is even more so for children with disabilities who are often confronted with barriers preventing them from reaching their full potential. In this regard, it is estimated that only 5 per cent of children with disabilities are attending early childhood development programmes in South Africa. The rights of South
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Private sporting bodies and the ‘supervisory disciplines of public law’: Ndoro v South African Football Association as an apt case study for line-drawing within a four-quadrant typology South African Journal on Human Rights (IF 0.806) Pub Date : 2022-10-26 Lauren Kohn
Abstract The public/private intersection is complex terrain. In this contribution, I seek to provide some conceptual clearing by crafting a four-quadrant typology to aid judicial line-drawing along the spectrum of public and private power. At the centre of these (non-watertight) categories is the realm of administrative action that may thus be subject to review under the Promotion of Administrative
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How can talent management promote human rights, accelerate inclusion and advance persons with disabilities in the workplace? South African Journal on Human Rights (IF 0.806) Pub Date : 2022-10-25 Lindani Nxumalo
Abstract Persons with disabilities are amongst disadvantaged groups in society with rarer employment prospects compared to individuals without disabilities. Even if they meet the essential requirements of the job, advertisements may be inaccessible or otherwise inappropriate to facilitating their employment. When employed, they are not given full recognition like employees without disabilities and
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The recognition of same-sex customary marriages under South African customary law South African Journal on Human Rights (IF 0.806) Pub Date : 2022-10-06 Fatima Osman, Mathabo Baase
Abstract Same-sex couples in South Africa may conclude marriages and enjoy equal rights as their opposite-sex counterparts. A glaring lacuna in South African law is whether same-sex couples may marry in accordance with customary law with legal force and effect. This article uses desktop research to critically examine whether customary law accommodates same-sex customary marriages and if not, whether
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Resistance to reform property: A ‘resilient property’ perspective South African Journal on Human Rights (IF 0.806) Pub Date : 2022-09-28 Sue-Mari Viljoen
Abstract A wicked problem is identified in South African property law as the inaccessibility of secure land/housing rights for the vulnerable. This problem is contextualised as largely unsolvable when working with reductionist frames, after which the core and extent of the problem is unpacked with reference to two interconnecting regimes, that of land reform and housing. Various aspects of the problem
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Delictual liability for injuries suffered at childcare centres South African Journal on Human Rights (IF 0.806) Pub Date : 2022-09-05 Leo Boonzaier
Abstract The Constitutional Court has recently given an important judgment about the delictual liability of the state for injuries sustained by a child at an early childhood development (ECD) centre: BE obo JE v MEC for Social Development, Western Cape. The Court substantially confirmed the Supreme Court of Appeal (SCA) judgment in the same matter. Both judgments built upon the preceding SCA judgment
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The legal accountability of local government in South Africa for the failure to deliver sanitation services South African Journal on Human Rights (IF 0.806) Pub Date : 2022-08-28 Nozuko Twani, Caiphas Brewsters Soyapi
Abstract There is evidence, past and present, to the effect that local government or municipalities in South Africa do at times renege on and violate their duty to provide basic services to residents within their jurisdiction. In view of this, the paper starts by establishing the links between local government’s constitutional and legislative duties regarding service delivery, and particularly sanitation-service
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The role of insurance at the intersection of Covid-19 and inequality through the lens of the cases: Cafe Chameleon CC v Guardrisk Insurance Company Ltd and Ma-Afrika Hotels (Pty) Ltd v Santam Limited South African Journal on Human Rights (IF 0.806) Pub Date : 2022-08-23 Judith Katzew
Abstract Insurance has the potential to make a positive impact on the financial stability and economic wellbeing of societies. However the Covid-19 pandemic has shone a harsh light on the consequences of both the insurance industry and the state’s failure to fully realise the right of ‘everyone’ to ‘appropriate social assistance’ in terms of s 27 of the Constitution of the Republic of South Africa
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Too taxing, too much taxing, or not progressive enough? The introduction of a wealth tax as an equality imperative in South Africa South African Journal on Human Rights (IF 0.806) Pub Date : 2022-08-10 Justin Winchester
Abstract South Africa’s status as the most unequal country in the world unacceptably mocks the Constitution’s promise to achieve an equal society. Positing the introduction of a progressive, recurring, threshold-tested tax on private net wealth holding as a solution to this inequality, this article asks whether there is a constitutional imperative to introduce a wealth tax in South Africa. Arguing
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Introduction: Special issue on ‘The Covid-19 Pandemic, Inequalities and Human Rights in South Africa’, part 2 South African Journal on Human Rights (IF 0.806) Pub Date : 2022-08-01 Catherine Albertyn, Rachel Adams
Published in South African Journal on Human Rights (Vol. 37, No. 4, 2021)
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Making the best of the best interests: A commentary of AB v Pridwin Preparatory School South African Journal on Human Rights (IF 0.806) Pub Date : 2022-06-27 Charissa E. Fawole
Abstract The best interests of the child is a key concept in children’s rights law, which is domesticated in part through its expression in s 28(2) of the Constitution of the Republic of South Africa. This concept is not easy to apply due to its complexity and indeterminate nature. In contrast, a child’s right to participate, another important children’s right, is not included s 28 or elsewhere in
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The evolution and development of the principle of free, prior and informed consent in South Africa South African Journal on Human Rights (IF 0.806) Pub Date : 2022-06-27 Naledzani Mukwevho
Abstract This article traces the evolution of the principle of free, prior and informed consent within the South African developmental context. Internationally, free prior and informed consent presupposes that communities have the right to give or withhold consent to proposed development projects on the lands that they own, occupy or otherwise use. Specific to South Africa, research reveals that although
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Resource allocation for the realisation of women’s rights: Building on previous gender budgeting initiatives in South Africa South African Journal on Human Rights (IF 0.806) Pub Date : 2022-06-14 Ashwanee Budoo-Scholtz
Abstract South Africa has ratified several international instruments that impose an obligation on the country to allocate sufficient budgetary resources to realise women’s rights. Gender budgeting has been recognised as a means through which states can implement this obligation. South Africa was the first African country to have adopted gender budgeting initiatives and despite being successful in the
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LM du Plessis South African Journal on Human Rights (IF 0.806) Pub Date : 2022-04-19 Elmien (WJ) du Plessis
Published in South African Journal on Human Rights (Vol. 37, No. 4, 2021)
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Asylum seekers in South Africa and Covid-19: A catalyst for social security law reform? South African Journal on Human Rights (IF 0.806) Pub Date : 2022-04-15 Marius Olivier, Avinash Govindjee
Abstract This contribution interrogates selected social security law issues applicable to asylum-seekers. It does so from the perspective of among others the impact of Covid-19-related labour market and social security regulations and directives (issued in terms of the Disaster Management Act) and against the background of recent statutory and policy developments, and jurisprudential responses. The
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South Africa’s technologies enhancing contact tracing for Covid-19: A human rights and techno-politics assessment South African Journal on Human Rights (IF 0.806) Pub Date : 2022-04-15 Jonathan Klaaren, Brian Ray
Abstract This paper assesses South Africa’s recent development and actual use of digital health surveillance tools from a comparative and human rights perspective. We first summarise the debate and emerging evidence regarding whether and how digital health surveillance tools could assist the public health response to the pandemic. Here, we develop a tentative integrated analysis of the intersecting
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Constitutional Court statistics for the 2019 term South African Journal on Human Rights (IF 0.806) Pub Date : 2022-03-23 Busisiwe Kamolane-Kgadima, Thandeka Kathi, Tebogo Moloko, Zanele Malindi, Rudo T. Mhiribidi, Tshepo Skosana, Adelaide R. Chagopa
Abstract This note provides descriptive statistics on the Constitutional Court of South Africa’s (the Court) work in the year 2019. The objectives and methods of this annual set of statistics are more fully laid out in the 1995 edition and subsequent editions of the South African Journal on Human Rights. Section 2 of this note covers those decisions in which the Court produced a written judgment, while
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Arrest without a warrant: Is the current South African approach warranted? South African Journal on Human Rights (IF 0.806) Pub Date : 2022-03-20 Boyane Tshehla
Abstract Section 12(1) of the Constitution of the Republic of South Africa, 1996, enshrines everyone’s ‘right to freedom and security of the person and this right ‘includes the right not to be deprived of freedom arbitrarily or without just cause’. Several cases emanating from actions of police officers in effecting arrest have come before the courts over time. The courts, therefore, had the opportunity
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Constitutional Court statistics for the 2020 term South African Journal on Human Rights (IF 0.806) Pub Date : 2022-03-09 Busisiwe Kamolane-Kgadima, Thandeka Kathi, Tebogo Moloko, Zanele Malindi, Rudo T. Mhiribidi, Tshepo Skosana, Adelaide R. Chagopa
Abstract This note provides descriptive statistics on the work of the Constitutional Court of South Africa in 2020. The statistics are arranged in fifteen tables. The method of constructing each table is given in the text that follows it. The objectives and methods of this annual set of statistics are more fully laid out in the 1995 and subsequent editions of the South African Journal on Human Rights
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SLAPPing back: A new legal remedy for targets of corporate bullying South African Journal on Human Rights (IF 0.806) Pub Date : 2022-03-06 Lisa Chamberlain
(2021). SLAPPing back: A new legal remedy for targets of corporate bullying. South African Journal on Human Rights: Vol. 37, No. 3, pp. 410-422.
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The Covid-19 pandemic and socio-economic protection for refugees in South Africa South African Journal on Human Rights (IF 0.806) Pub Date : 2022-02-22 Callixte Kavuro
Abstract This paper examines the protection of the socio-economic rights and benefits in view of the relief measures taken to alleviate the economic distress caused by the effects of the Covid-19 pandemic. Similar to South African counterparts, refugees and asylum seekers looked up to the South African government for their protection (known as ‘the surrogate national protection’) because they could
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Reimagining employee representation in the context of collective bargaining under the Labour Relations Act 66 of 1995: The imperative of substantive equality and decent work South African Journal on Human Rights (IF 0.806) Pub Date : 2022-02-17 Emma Fergus
Abstract Despite what is often said to be progressive constitutional and labour legislation in South Africa, inequality between employees who are affiliated with trade unions (especially registered and representative unions) and those who are not remains. While trade union density (particularly in the private sector) and collective bargaining coverage have declined in South Africa and many countries
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Adonisi v Minister for Transport and Public Works: Western Cape: An ‘aesthetic’ reading South African Journal on Human Rights (IF 0.806) Pub Date : 2022-02-07 Jaco Barnard-Naudé
Abstract This article proposes an aesthetic reading of the recent decision of the Western Cape High Court in the case of Adonisi v Minister for Transport and Public Works: Western Cape. The aesthetic reading pursued here is advanced through the work of Jacques Rancière on the aesthetics of politics. The article sets out to establish an understanding of Rancière’s key concept of the ‘distribution of
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The silence of the ‘I’: Legal and social implications of intersex genital mutilation of children South African Journal on Human Rights (IF 0.806) Pub Date : 2022-02-07 Sophy Baird
Abstract While often lumped under the umbrella of the initialism LGBTQI+, issues pertaining to intersex individuals are often overlooked. Intersex people are the silent minority within a minority. While South African law, on the face of it, appears to offer infinite protections for those who are intersex, a culture of silence has allowed for a number of human rights abuses to be perpetrated against
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Introduction: Special issue on ‘The Covid-19 Pandemic, Inequalities and Human Rights in South Africa’, part 1 South African Journal on Human Rights (IF 0.806) Pub Date : 2022-01-07 Catherine Albertyn, Rachel Adams
(2021). Introduction: Special issue on ‘The Covid-19 Pandemic, Inequalities and Human Rights in South Africa’, part 1. South African Journal on Human Rights: Vol. 37, Special Issue on ‘The Covid-19 Pandemic, Inequalities and Human Rights in South Africa’, produced in collaboration with the National Research Foundation South African Research Chair in Equality, Law and Social Justice, pp. 147-153.
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The ‘sacrifice’ of human rights during an unprecedented pandemic: Reflections on survey-based evidence South African Journal on Human Rights (IF 0.806) Pub Date : 2021-12-30 Narnia Bohler-Muller, Benjamin Roberts, Steven Lawrence Gordon, Yul Derek Davids
Abstract Twenty-five years into our constitutional democracy the Covid-19 pandemic led President Ramaphosa to declare a state of national disaster in terms of the Disaster Management Act 57 of 2002 (DMA). Strict lockdown regulations promulgated under the DMA had a clear bearing on human rights, such as the rights of religious observance, assembly and demonstration, association, movement, trade, and
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Section 9 in a time of COVID: Substantive equality, economic inclusion and positive duties South African Journal on Human Rights (IF 0.806) Pub Date : 2021-12-19 Catherine Albertyn
Abstract Within the broad context of deepening inequality and poverty under Covid-19, this article examines three equality-related cases that address the distribution of economic relief to mitigate the effects of the pandemic in South Africa. In doing so, it explores three broad themes. First, what the cases reveal about ongoing political and legal contestation over the meaning of equality and the
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Legal mobilisation for education in the time of Covid-19 South African Journal on Human Rights (IF 0.806) Pub Date : 2021-12-09 Faranaaz Veriava, Nurina Ally
Abstract Schools were the first public institutions in South Africa to be closed when the country recorded its initial cases of Covid-19. As a public health crisis quickly extended into an education crisis, government action and decision-making had an inevitable effect on the rights of learners, the impact of which was most severely felt by the poorest and most vulnerable children. While there were
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Worker rights and the neoliberal state under Covid-19 South African Journal on Human Rights (IF 0.806) Pub Date : 2021-12-13 Carin Runciman
Abstract This article traces how the South African state responded to protect workers in the formal sector during the first year of the Covid Covid-19 pandemic. It argues that the protections that the state sought to offer, in the form of the income relief from the Covid-19 Temporary Employer/Employee Relief Scheme and its limited attempts to ensure occupational health and safety are grounded in neoliberal
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Independent contractors and Covid-19 relief: Tax and social insurance legislative reform to extend protection to independent contractors South African Journal on Human Rights (IF 0.806) Pub Date : 2021-12-19 Kgomotso Mufamadi, Louis Koen
Abstract Since the Covid-19 virus arrived in South Africa, government has quite swiftly created a legislative framework to support its efforts to curb the rapid spread of the virus. For the most part the initiatives of government are commendable, but they very clearly leave out a great number of independent contractors and workers who may be currently incorrectly classified as such. The Department
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Lawfare under lockdown: Challenges to South Africa’s Covid Regulations, March to August 2020 South African Journal on Human Rights (IF 0.806) Pub Date : 2021-12-28 Julian Brown
(2021). Lawfare under lockdown: Challenges to South Africa’s Covid Regulations, March to August 2020. South African Journal on Human Rights: Vol. 37, Special Issue on ‘The Covid-19 Pandemic, Inequalities and Human Rights in South Africa’, produced in collaboration with the National Research Foundation South African Research Chair in Equality, Law and Social Justice, pp. 302-312.
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The role of the Valuer-General in the calculation of compensation for expropriation: A comparative analysis between South African and Australian law South African Journal on Human Rights (IF 0.806) Pub Date : 2022-01-19 Theo Boshoff
Abstract Property valuations have always played an important role in the calculation of compensation for expropriation. The shift from market-based compensation towards just and equitable compensation prescribed by s 25 of the South African Constitution poses important questions as to the role of a valuation in calculating compensation for property expropriated for land reform purposes. The Property
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Introduction to special issue: Class action litigation in South Africa South African Journal on Human Rights (IF 0.806) Pub Date : 2021-11-10 Jeff Handmaker
(2021). Introduction to special issue: Class action litigation in South Africa. South African Journal on Human Rights: Vol. 37, Class action litigation in South Africa, pp. 1-6.
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Inappropriately assessing appropriateness of class proceedings: Nkala v Harmony Gold Mining Company Ltd South African Journal on Human Rights (IF 0.806) Pub Date : 2021-10-27 Theo Broodryk
(2021). Inappropriately assessing appropriateness of class proceedings: Nkala v Harmony Gold Mining Company Ltd. South African Journal on Human Rights: Vol. 37, Class action litigation in South Africa, pp. 21-30.
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Unsavoury: How effective are class actions in the protection and vindication of the right to access to food in South Africa? South African Journal on Human Rights (IF 0.806) Pub Date : 2021-12-02 Safura Abdool Karim, Petronell Kruger
Abstract The right to food in South African jurisprudence has remained underdeveloped and the right to food is often vindicated through other means and the protection of other, related rights. The modern development of class actions in South Africa is implicitly intertwined with the infringement of citizens’ right to access sufficient food. The first class actions initiated in South Africa involved
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Does prior certification advance access to justice? South African Journal on Human Rights (IF 0.806) Pub Date : 2021-12-02 Georgina Jephson
Abstract Class actions advance both access to justice and judicial economy. In South Africa, class action law is developing incrementally in the courts. One aspect of class action procedure that is settled is that prior certification is a requirement. Prior certification requires class representatives to satisfy a court that the use of the class action mechanism is an appropriate way of adjudicating
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Class actions in a changing climate South African Journal on Human Rights (IF 0.806) Pub Date : 2021-11-18 Emma Schuster
Abstract The need for decisive action on climate change is becoming increasingly urgent. The International Panel on Climate Change has warned that, on the current trajectory, global warming is likely to reach 1.5° Celsius above pre-industrial levels in the next ten to thirty years. This paper investigates the potential for a strategic climate change class action in South Africa by tracking two procedural
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‘Fishers’ rights are human rights’: George v Minister of Environmental Affairs and Tourism 2005 (6) SA 297 South African Journal on Human Rights (IF 0.806) Pub Date : 2021-10-15 Anthea Christoffels-Du Plessis
Abstract In 2004, artisanal fishers, community-based and non-governmental organisations representing ∼5,000 artisanal fishers from various fishing communities sought relief inter alia under the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 as a result of the unfair discrimination against them because of the fisheries legal framework. This case note focuses on this unique
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Foundations of Global Health & Human Rights South African Journal on Human Rights (IF 0.806) Pub Date : 2021-10-06 Safura Abdool Karim
(2021). Foundations of Global Health & Human Rights. South African Journal on Human Rights: Vol. 37, Class action litigation in South Africa, pp. 140-145.
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The development of class actions in South Africa: Where are we through case law? South African Journal on Human Rights (IF 0.806) Pub Date : 2021-09-30 Moses Retselisitsoe Phooko
Abstract This article analyses selected jurisprudence of various courts in South Africa on class actions. It traces the development of class actions since 1994 to date. The selected cases have been chosen because they demonstrate progression from courts’ initial narrow approach – where class actions were confined to cases involving violation of the rights contained in the Constitution to now extending
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Introduction to special issue: separation of powers, the judiciary and the politics of constitutional adjudication South African Journal on Human Rights (IF 0.806) Pub Date : 2021-08-02 Sanele Sibanda
(2020). Introduction to special issue: separation of powers, the judiciary and the politics of constitutional adjudication. South African Journal on Human Rights: Vol. 36, Separation of Powers, the Judiciary and the Politics of Constitutional Adjudication, pp. 287-292.