This chapter examines how a stable, legitimate, and highly regarded constitutional dispensation h... more This chapter examines how a stable, legitimate, and highly regarded constitutional dispensation has successfully withered away the political salience of territorial cleavages in South Africa and paved the way for a stronger form of ethnic federalism. It first explains the context that led to South Africa’s transition from apartheid to democracy before discussing the period of constitutional engagement in 1990–96, focusing on the deal between the National Party (NP) and the African National Congress (ANC) that resulted in the adoption of an interim Constitution in December 1993. It also explores the constitutional provisions that sought to address the demands of the right-wing Afrikaners and the Zulu nationalists, along with the ratification of the final Constitution in 1996. The chapter concludes with an analysis of the outcome of the South African constitutional settlement and the important lessons that can be drawn from the unmaking of territorial politics in the country.
The purpose of the paper is, first. to identify shortcomings in the adversarial process. second, ... more The purpose of the paper is, first. to identify shortcomings in the adversarial process. second, to investigate whether there are ways of adapting the process in the interest of truth-finding. fairness. and efficiency. The paper commences with an outline of the basic elements of the adversarial and inquisitorial modes of criminal procedure. Then to an exposition of how the operation of the adversarial system in South Africa impedes the realisation of the objectives of the criminal trial. This is followed by a sketch of the current approaches to these problems. In search of solutions. recent developments in international law and foreign jurisdictions dealing with similar issues are then surveyed. The paper concludes with some tentative proposals for further investigation.
Extracted from text ... 7 Socio-economic rights and the process of privatising basic municipal se... more Extracted from text ... 7 Socio-economic rights and the process of privatising basic municipal services under the Municipal Systems Act Nico Steytler The socio-economic rights in the South African Bill of Rights bind all organs of state, including municipalities. These rights also impose positive obligations. Through the delivery of basic services municipalities fulfil some of these obligations. Indeed, the very purpose of municipalities is to be 'developmental' - advancing the living conditions of their communities by providing basic services. Municipalities have a broad discretion on how basic municipal services are delivered, including through privatisation. While the latter is not in and of itself ..
The turnaround strategy (TAS) for local government is gaining momentum. Initiated by the Departme... more The turnaround strategy (TAS) for local government is gaining momentum. Initiated by the Department of Cooperative Governance and Traditional Affairs (CGTA), the TAS is aimed at identifying the drivers of the distress in local government and the mechanisms needed to effectively and efficiently address them. The urgency with which the distress in local government is viewed is evident in the express commitment of both Minister Shiceka and President Zuma to the TAS. The political will to see this process through, therefore, seems to exist. However, to yield different and more substantial results from that of similar prior processes, it must contain certain key elements.
... However, critical to any faith minority parties may have in the Bill of Rights would be the t... more ... However, critical to any faith minority parties may have in the Bill of Rights would be the trust that the 37 Ibid. ... The Commission consisted then of Judges Berker and Strydom, advocate Frank of the Bar Council, Dicks of the Law Society, and Ruppel, the Attorney-General.67 The ...
This chapter examines how a stable, legitimate, and highly regarded constitutional dispensation h... more This chapter examines how a stable, legitimate, and highly regarded constitutional dispensation has successfully withered away the political salience of territorial cleavages in South Africa and paved the way for a stronger form of ethnic federalism. It first explains the context that led to South Africa’s transition from apartheid to democracy before discussing the period of constitutional engagement in 1990–96, focusing on the deal between the National Party (NP) and the African National Congress (ANC) that resulted in the adoption of an interim Constitution in December 1993. It also explores the constitutional provisions that sought to address the demands of the right-wing Afrikaners and the Zulu nationalists, along with the ratification of the final Constitution in 1996. The chapter concludes with an analysis of the outcome of the South African constitutional settlement and the important lessons that can be drawn from the unmaking of territorial politics in the country.
The purpose of the paper is, first. to identify shortcomings in the adversarial process. second, ... more The purpose of the paper is, first. to identify shortcomings in the adversarial process. second, to investigate whether there are ways of adapting the process in the interest of truth-finding. fairness. and efficiency. The paper commences with an outline of the basic elements of the adversarial and inquisitorial modes of criminal procedure. Then to an exposition of how the operation of the adversarial system in South Africa impedes the realisation of the objectives of the criminal trial. This is followed by a sketch of the current approaches to these problems. In search of solutions. recent developments in international law and foreign jurisdictions dealing with similar issues are then surveyed. The paper concludes with some tentative proposals for further investigation.
Extracted from text ... 7 Socio-economic rights and the process of privatising basic municipal se... more Extracted from text ... 7 Socio-economic rights and the process of privatising basic municipal services under the Municipal Systems Act Nico Steytler The socio-economic rights in the South African Bill of Rights bind all organs of state, including municipalities. These rights also impose positive obligations. Through the delivery of basic services municipalities fulfil some of these obligations. Indeed, the very purpose of municipalities is to be 'developmental' - advancing the living conditions of their communities by providing basic services. Municipalities have a broad discretion on how basic municipal services are delivered, including through privatisation. While the latter is not in and of itself ..
The turnaround strategy (TAS) for local government is gaining momentum. Initiated by the Departme... more The turnaround strategy (TAS) for local government is gaining momentum. Initiated by the Department of Cooperative Governance and Traditional Affairs (CGTA), the TAS is aimed at identifying the drivers of the distress in local government and the mechanisms needed to effectively and efficiently address them. The urgency with which the distress in local government is viewed is evident in the express commitment of both Minister Shiceka and President Zuma to the TAS. The political will to see this process through, therefore, seems to exist. However, to yield different and more substantial results from that of similar prior processes, it must contain certain key elements.
... However, critical to any faith minority parties may have in the Bill of Rights would be the t... more ... However, critical to any faith minority parties may have in the Bill of Rights would be the trust that the 37 Ibid. ... The Commission consisted then of Judges Berker and Strydom, advocate Frank of the Bar Council, Dicks of the Law Society, and Ruppel, the Attorney-General.67 The ...
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