Transforming Society
Securing Rights
Restoring Dignity
27 February 2019
Police regularly arrest people for the supposed offence of “dronk op straat”. The procedure following the arrest involves the detention of the suspected drunk person in police holding cells for a minimum of four hours before release. All too often, these suspected drunk people are released late at night or in the early, pre-dawn, hours of the morning. Thereafter many are left to walk long distances to their homes.
The only reasonable conclusion one can reach, for the practice is to lock suspected drunk people up, to sober up. Whether this practice has a legitimate function in law, is in question?
Police regularly arrest people for the supposed offence of “dronk op straat”. The procedure following the arrest involves the detention of the suspected drunk person in police holding cells for a minimum of four hours before release. All too often, these suspected drunk people are released late at night or in the early, pre-dawn, hours of the morning. Thereafter many are left to walk long distances to their homes.
The only reasonable conclusion one can reach, for the practice is to lock suspected drunk people up, to sober up. Whether this practice has a legitimate function in law, is in question?
25 February 2019
At the beginning of each year, learners and parents alike brace themselves while waiting for the admission and placement of learners in schools. As evidenced by occurrences in previous years, and the more publicised ordeal at Hoërskool Overvaal in 2018, learners from previously disadvantaged groups can often be overlooked and left without access to a school.
At the beginning of each year, learners and parents alike brace themselves while waiting for the admission and placement of learners in schools. As evidenced by occurrences in previous years, and the more publicised ordeal at Hoërskool Overvaal in 2018, learners from previously disadvantaged groups can often be overlooked and left without access to a school.
15 February 2019
HUMAN RIGHTS
Migration is a global phenomenon, which continues to grow daily. There are 244-million international migrants, 3.3% of the global population, according to the International Organisation for Migration’s World Migration Report 2018.
A number of push-and-pull factors cause people to move — voluntarily or involuntarily — between countries. Some of these include natural disasters, political unrest, conflicts, poverty, human rights violations, limited opportunities and little safety.
HUMAN RIGHTS
Migration is a global phenomenon, which continues to grow daily. There are 244-million international migrants, 3.3% of the global population, according to the International Organisation for Migration’s World Migration Report 2018.
A number of push-and-pull factors cause people to move — voluntarily or involuntarily — between countries. Some of these include natural disasters, political unrest, conflicts, poverty, human rights violations, limited opportunities and little safety.
15 February 2019
South Africa is lauded as country with a progressive Constitution which is founded on the supremacy of the Constitution and the rule of law. The Constitution of South Africa guarantees everyone a number of fundamental human rights, including the right to have access to courts which is enshrined in section 34. This right is commonly referred to as the right to have access to justice. This right is recognised as a basic human right under international law and in constitutions of democratic countries across the world.
South Africa is lauded as country with a progressive Constitution which is founded on the supremacy of the Constitution and the rule of law. The Constitution of South Africa guarantees everyone a number of fundamental human rights, including the right to have access to courts which is enshrined in section 34. This right is commonly referred to as the right to have access to justice. This right is recognised as a basic human right under international law and in constitutions of democratic countries across the world.
03 February 2019
In December, the Grahamstown High Court in the Eastern Cape handed down a judgment that found that the right to a basic education could not be extended to undocumented children. This week, the application for leave to appeal against this judgment was dismissed, and the implications are potentially massive.
In December, the Grahamstown High Court in the Eastern Cape handed down a judgment that found that the right to a basic education could not be extended to undocumented children. This week, the application for leave to appeal against this judgment was dismissed, and the implications are potentially massive.
14 November 2018
Violent protests at health facilities haven’t only uncovered failings, they have revealed the interconnected nature of the rights we aspire to live
Historically, protest action has been the only social currency people could effectively use to overcome oppression. During apartheid South Africa, violent protests were an arguably justifiable response to the time’s illegitimate and oppressive regime.
Violent protests at health facilities haven’t only uncovered failings, they have revealed the interconnected nature of the rights we aspire to live
Historically, protest action has been the only social currency people could effectively use to overcome oppression. During apartheid South Africa, violent protests were an arguably justifiable response to the time’s illegitimate and oppressive regime.
01 October 2018
By Advocate Bongani Majola and Adv Pansy Tlakula
“In a democratic society such as our own, the effective exercise of the right to vote also depends on the right of access to information. For without access to information, the ability of citizens to make responsible political decisions and participate meaningfully in public life is undermined.”
By Advocate Bongani Majola and Adv Pansy Tlakula
“In a democratic society such as our own, the effective exercise of the right to vote also depends on the right of access to information. For without access to information, the ability of citizens to make responsible political decisions and participate meaningfully in public life is undermined.”
By: Advocate Bongani Majola & Advocate Pansy Tlakula
01 October 2018
“In a democratic society such as our own, the effective exercise of the right to vote also depends on the right of access to information. For without access to information, the ability of citizens to make responsible political decisions and participate meaningfully in public life is undermined.”
01 October 2018
“In a democratic society such as our own, the effective exercise of the right to vote also depends on the right of access to information. For without access to information, the ability of citizens to make responsible political decisions and participate meaningfully in public life is undermined.”
25 September 2018
The Constitution and the Bill of Rights cannot by themselves correct the injustices of the past. That is up to the leadership and citizenry of South Africa.
In the wake of the commemoration and celebration of President Nelson Mandela’s centenary, the world, and South Africans in particular, have serious questions to ask and in turn answer on the issue of social justice.
The Constitution and the Bill of Rights cannot by themselves correct the injustices of the past. That is up to the leadership and citizenry of South Africa.
In the wake of the commemoration and celebration of President Nelson Mandela’s centenary, the world, and South Africans in particular, have serious questions to ask and in turn answer on the issue of social justice.
By: Advocate Tseliso Thipanyane & Khanye Mase
11 September 2018
On the 19th of June 2018, United States of America (USA) Ambassador to the United Nations (UN), Nikki Haley, announced that the USA would be leaving the Human Rights Council, noting that “we take this step because our commitment does not allow us to remain a part of a hypocritical and self-serving organization that makes a mockery of human rights.” The Trump administration’s recent decision has been at the heart of contentious debate and it has been viewed as unpopular amongst the international community. Boris Johnson, the erstwhile Foreign Secretary of the United Kingdom (UK) stated that the UK aspires to see reform in the Human Rights Council but that they are committed to “working to strengthen the Council from within.” He further stated that “Britain’s support for the human rights council remains steadfast. It is the best tool the international community has to address impunity in an imperfect world and to advance many of our international goals.”
11 September 2018
On the 19th of June 2018, United States of America (USA) Ambassador to the United Nations (UN), Nikki Haley, announced that the USA would be leaving the Human Rights Council, noting that “we take this step because our commitment does not allow us to remain a part of a hypocritical and self-serving organization that makes a mockery of human rights.” The Trump administration’s recent decision has been at the heart of contentious debate and it has been viewed as unpopular amongst the international community. Boris Johnson, the erstwhile Foreign Secretary of the United Kingdom (UK) stated that the UK aspires to see reform in the Human Rights Council but that they are committed to “working to strengthen the Council from within.” He further stated that “Britain’s support for the human rights council remains steadfast. It is the best tool the international community has to address impunity in an imperfect world and to advance many of our international goals.”
01 July 2018
According to the United Nation’s 2017 International Migration Report, South Africa is host to an estimated four million migrants. This figure is set against a backdrop of a history of migration into South Africa that was marked by exploitative labour arrangements between South Africa and its neighbouring countries. This history is often treated with a ‘historical amnesia’ of the contribution of migrants to the South African economy and society. Migrants and particularly African migrants are met with a distrust and hostility that appears as xenophobia.
According to the United Nation’s 2017 International Migration Report, South Africa is host to an estimated four million migrants. This figure is set against a backdrop of a history of migration into South Africa that was marked by exploitative labour arrangements between South Africa and its neighbouring countries. This history is often treated with a ‘historical amnesia’ of the contribution of migrants to the South African economy and society. Migrants and particularly African migrants are met with a distrust and hostility that appears as xenophobia.
Transformasie aan universiteite is nie ’n blote kwotastelsel sonder ’n uitkomsgebaseerde fokus wat uiteindelik tot die uitsluiting en die verlaging van standaarde sal lei nie, skryf adv.
Beeld 23 Jun 2018André Gaum.
’NOnlangse hoofartikel in Beeld stel vrae aan die Suid-Afrikaanse Menseregtekommissie (MRK) oor dié se verslag voor die parlementêre portefeuljekomitee oor hoër onderwys en opleiding.
Beeld 23 Jun 2018André Gaum.
’NOnlangse hoofartikel in Beeld stel vrae aan die Suid-Afrikaanse Menseregtekommissie (MRK) oor dié se verslag voor die parlementêre portefeuljekomitee oor hoër onderwys en opleiding.
26 April 2018
The high court judgment in the case of YG versus the State in 2017 banned corporal punishment in the home, which, in effect, bans it in all places.
The high court judgment in the case of YG versus the State in 2017 banned corporal punishment in the home, which, in effect, bans it in all places.
24 – 30 November 2017
Nonconforming people are protected by the Constitution in a complex tug-of-war
Recently, I had an oppor-tunity to see a screening of the award-winning film Inxeba: The Wound, which explores, in an incisive fashion, the complex ties involving oppressed sexual orienta-tion, gender identity and expression. This is done provocatively against the backdrop of the Xhosa rite of ulwaluko — a practice that has always been masked in secrecy and is intended to prepare young men for manhood.
Nonconforming people are protected by the Constitution in a complex tug-of-war
Recently, I had an oppor-tunity to see a screening of the award-winning film Inxeba: The Wound, which explores, in an incisive fashion, the complex ties involving oppressed sexual orienta-tion, gender identity and expression. This is done provocatively against the backdrop of the Xhosa rite of ulwaluko — a practice that has always been masked in secrecy and is intended to prepare young men for manhood.
It seems unlikely that the Zimbabwe situation – even though seeming to satisfy the elements of a coup, albeit in slow motion – will be defined as such. By MARTIN NSIBIRWA and PEACEMORE MHODI.
he phenomenon of unconstitutional changes of government within the African context is one that is supposedly regarded as a serious matter. Views abound that it was actually intended to safeguard unconstitutional change of governments that were in power even against the will of the people. The Organisation of African Unity (OAU), the precursor to the African Union (AU), has given much attention to the issue of unconstitutional change of government. At least three policy instruments at a continental level address the issue of unconstitutional change of government. These are, first, the Declaration on the Framework for an OAU Response to Unconstitutional Changes of Government (Lomé Declaration), second, the African Charter on Democracy, Elections and Governance (Addis Charter), and third, the Constitutive Act of the AU (Constitutive Act).
he phenomenon of unconstitutional changes of government within the African context is one that is supposedly regarded as a serious matter. Views abound that it was actually intended to safeguard unconstitutional change of governments that were in power even against the will of the people. The Organisation of African Unity (OAU), the precursor to the African Union (AU), has given much attention to the issue of unconstitutional change of government. At least three policy instruments at a continental level address the issue of unconstitutional change of government. These are, first, the Declaration on the Framework for an OAU Response to Unconstitutional Changes of Government (Lomé Declaration), second, the African Charter on Democracy, Elections and Governance (Addis Charter), and third, the Constitutive Act of the AU (Constitutive Act).
THE United Nations designated October 31 as the World Cities Day. This day was adopted by the General Assembly on 27 December 2013.
10 November 2017
The World Cities Day is meant to galvanise efforts among different role players to address the challenges posed by urbanisation and contribute towards sustainable development. The general theme of World Cities Day is Bet- ter City, Better Life, while each year a differ- ent sub-theme is selected, to either promote successes of urbanisation, or address specific challenges resulting from urbanisation. The 2017 theme for World Cities Day was Innova- tive Governance, Open Cities.
10 November 2017
The World Cities Day is meant to galvanise efforts among different role players to address the challenges posed by urbanisation and contribute towards sustainable development. The general theme of World Cities Day is Bet- ter City, Better Life, while each year a differ- ent sub-theme is selected, to either promote successes of urbanisation, or address specific challenges resulting from urbanisation. The 2017 theme for World Cities Day was Innova- tive Governance, Open Cities.
27 August 2017
By Commissioner Mohamed Ameermia
The Constitutional Court in the matter of Occupiers of Erven 87 & 88 Berea v De Wet NO and Another, reaffirmed on June 8, 2017 its previous judgments and held that judicial officers have to play an active role in adjudicating eviction matters.
By Commissioner Mohamed Ameermia
The Constitutional Court in the matter of Occupiers of Erven 87 & 88 Berea v De Wet NO and Another, reaffirmed on June 8, 2017 its previous judgments and held that judicial officers have to play an active role in adjudicating eviction matters.
23 August 2017
South Africa still defines gender by binary socialisation which does nothing to protect individuals who identify outside of the duality.
The education system has faced many obstacles over the past few years. From challenges regarding language as a medium of instruction and admission procedures that perpetuate discrimination and inequality, to codes of conduct that violate the fundamental principles of our Constitution.
11 - 17 August 2017
The Constitution rules against discrimination and for the protection of children at all schools
Over the past two weeks, one of the most prominent private schools in the country, Saint John’s College, has been criticised for merely disciplining and demoting a teacher found guilty of sustained discrimination against black pupils is his classes.
The South African Human Rights Commission.
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The Human Rights Commission is the national institution established to support constitutional democracy. It is committed to promote respect for, observance of and protection of human rights for everyone without fear or favour.
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