scholarly journals Barriers to Advocacy and Litigation in the Equality Courts for Persons with Disabilities

2017 ◽  
Vol 17 (5) ◽  
pp. 1963
Author(s):  
Willene Holness ◽  
Sarah Rule
Keyword(s):  
South African ◽  
Justice System ◽  
Cultural Norms ◽  
Access To Justice ◽  
Persons With Disabilities ◽  
Effective Implementation ◽  
Barriers To Access ◽  
Kwazulu Natal ◽  
Front Line Workers ◽  
The Impact

The effective implementation of the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 (PEPUDA) and the fulfilment of the South African state's obligations in terms of the Convention on the Rights of Persons with Disabilities (CRPD) are dependent on two fundamental tools, advocacy and litigation. This article discusses the outcome of three cases in the Equality Courts and how these cases promote accessibility and access to justice for persons with disabilities. The authors then consider the impact of CREATE, a KwaZulu-Natal NGO's advocacy initiatives to promote the rights of persons with disabilities and the utilisation of the Equality Court to realise those rights. Participants of ten workshops in KwaZulu-Natal identified three barriers to access to justice in accessing the Equality Courts. Firstly, some Equality Courts are geographically (and financially) inaccessible. Secondly, the negative and insensitive attitudes of front-line workers impact on the ability of persons with disabilities to bring equality claims to and access the services of the Equality Court. These barriers constitute discrimination and flout articles 9 and 13 of the CRPD, which require the provision of support for persons with disabilities to access the justice system and the promotion of accessibility to the physical environment, and the provision to them of transportation, information and other services. Thirdly, cultural norms and fears impede access to courts and the agency of persons with disabilities to bring these claims, for example the requirement that traditional leaders provide "permission" to persons with disabilities to sue and a similar requirement of permission from the in-laws of women with disabilities. The article analyses the three barriers identified as inhibiting advocacy and litigation, and explains the implication of these barriers for the state's obligations in terms of articles 5, 8, 9, 12 and 13 of the CRPD. Recommendations are made on overcoming these barriers.

scholarly journals A BALANCING ACT FOR THE PROSECUTOR: Restorative justice, criminal justice and access to justice

2016 ◽  
Author(s):  
Hema Hargovan
Keyword(s):  
Criminal Justice ◽  
Restorative Justice ◽  
South African ◽  
Justice System ◽  
Correctional Facilities ◽  
Access To Justice ◽  
Kwazulu Natal ◽  
Popular Television ◽  
Trial Phase

An international appraisal of prosecutors’ perceptions depicts a uniform tendency for prosecutors to see their role as one of ‘presenting evidence in court to get convictions, rather than promoting problem solving’. Many young law graduates dream of a courtroom battle similar to those in popular television series, which tend to glorify the role of the prosecutor in a dramatic depiction of good versus bad. However, reality soon sets in regarding the numerous challenges faced in the criminal justice system. Court backlogs, high case loads, delays in processing huge numbers of remand offenders, and overcrowded correctional facilities plague the system. It is probably within this context that restorative approaches to justice in the pre-trial phase became attractive for the South African prosecutor. This article examines prosecutorial engagement with restorative approaches to justice, and more specifically the KwaZulu-Natal Justice and Restoration Programme.

scholarly journals Whistleblowing: Impediments to effective implementation within the South African public sector

2011 ◽  
Vol 8 (3) ◽  
pp. 196-208 ◽  
Author(s):  
Nirmala Dorasamy ◽  
Soma Pillay
Keyword(s):  
Public Sector ◽  
South African ◽  
Public Service ◽  
Justice System ◽  
Quantitative Research ◽  
Code Of Conduct ◽  
The South ◽  
The Public ◽  
Effective Implementation ◽  
The Cost

This purpose of this article is to explore impediments to effective whistleblowing as a strategy for promoting anti-corruption practices within the South African public sector. Corruption, which violates the public service code of conduct; deters foreign investment, increases the cost of public service delivery, undermines the fight against poverty and unnecessarily burdens the criminal justice system. The article addresses the question on whether legislation on whistleblowing is adequate to encourage whistleblowing in the public sector. A review of literature determines that the effective implementation of whistleblowing legislation is largely dependent on addressing the challenges identified in the article. The quantitative research method was employed in the study to ascertain the views of employees in the public sector on whistleblowing. Empirical findings confirm the hypothesis that the protection of whistleblowers through legislation is inadequate to encourage whistleblowing. The article provides a conceptual framework for the effective achievement of the intended outcomes of whistleblowing in the public sector.

scholarly journals Women's Experiences of the Justice System

1997 ◽  
Vol 27 (4) ◽  
pp. 649
Author(s):  
J Morris
Keyword(s):  
New Zealand ◽  
Justice System ◽  
Access To Justice ◽  
Women’S Experiences ◽  
Women's Experiences ◽  
The Law ◽  
The Impact ◽  
Law Commission

This article considers the impact of gender upon women's experiences of the New Zealand justice system, as lawyers and clients. As well as summarising study and survey material, it draws upon information provided to the Law Commission in the course of its project on Women's Acces to Justice: He Putanga mo nga Wahine ki te Tika. It concludes that women are still significantly disadvantaged by the justice system as a result of their gender and that there is an ongoing need for debate and consideration of these issues if women's access to justice is to be improved.

Teleworking and the "Disability Divide"

2011 ◽  
pp. 2112-2134 ◽  
Author(s):  
John C. Bricout ◽  
Paul M.A. Baker ◽  
Andrew C. Ward ◽  
Nathan W. Moon
Keyword(s):  
Work Environment ◽  
Digital Divide ◽  
Policy Options ◽  
Missed Opportunities ◽  
Persons With Disabilities ◽  
Barriers To Access ◽  
Reasonable Accommodations ◽  
Information And Communication ◽  
Simple Exclusion ◽  
The Impact

Much of the discourse on the digital divide focuses on issues of information disparity and accessibility, frequently in socioeconomic terms. This perspective overlooks an important aspect of the digital divide, the lack of access and missed opportunities faced by persons with disabilities, referred to here as the “disability divide.” Barriers to access and knowledgeable use of information and communication technology (ICT) represent more than simple exclusion from information to encompass social segregation and devaluation. At its most insidious, barriers to ICTs limit full community engagement in employment activities. This chapter examines the ramification of the impact of digital divide on the nature of employment and participation in the workplace, using ICT to conduct telework, and explores challenges to social policy with respect to ‘reasonable’ accommodations. In the absence of practices, structures, and policies targeting the distributive work environment, telework is much less likely to close the digital divide for persons with a disability. This suggests the need to explore and develop potential policy options to close the disability divide.

The Impact of Knowledge and Attitude of SGB Members Toward Adoption of Social Justice and Democracy

2021 ◽  
pp. 1642-1663
Author(s):  
Austin Musundire ◽  
Rudzani Israel Lumadi
Keyword(s):  
Social Justice ◽  
Public Schools ◽  
Special Reference ◽  
Language Policy ◽  
South African ◽  
Effective Implementation ◽  
Knowledge And Attitude ◽  
Democratic Principles ◽  
And Behavior ◽  
The Impact

The purpose of this literature study was to investigate the impact of the knowledge and attitude of School Governing Board (SGB) members towards adoption of social justice and democratic practices for quality education in South African public schools with special reference to the language policy. Findings indicated that that bias is still a challenge in the institutions of learning in South Africa in terms of the implementation of the language policy by the members of the SGB. It was also found that increasing the level knowledge of the members; SGB members regarding social justice and democratic principles and practices with special reference to the South African language policy will change their attitude and behavior geared towards improved implementation of the same policy. It is also concluded that effective implementation of change management models can also coordinate the link between knowledge development, change of attitude and behavior towards effective implementation strategies of the language policy.

scholarly journals Ascertaining the Impact of Post-Commencement Finance on Business Rescue in Kwazulu-Natal, South Africa

2020 ◽  
pp. 236-244
Author(s):  
Dr. Surendran Pillay ◽  
Dr. Rajendra Rajaram ◽  
Kajal Ramnanun
Keyword(s):  
South Africa ◽  
South African ◽  
Well Being ◽  
Time Frame ◽  
Limiting Factors ◽  
Qualitative Research Design ◽  
Kwazulu Natal ◽  
Corporate Rescue ◽  
The Impact ◽  
Cash Basis

Corporate rescue in South Africa has been bedevilled by many challenges. The new South African Companies Act 71 of 2008 (hereafter referred to as “the Act”), which came into effect in May 2011 contains a new chapter titled “Business rescue and Compromise with Creditors”. Post commencement finance (PCF) is finance or credit approved for a company in business rescue, which is regulated by section 135 of the South African Companies Act. The Act provides for companies to secure PCF as turnaround investment to secure its financial well-being. However, it is difficult for a distressed business to access PCF as it is challenging to operate on a cash basis when they face the likelihood of insolvency or forced sale of their assets to remain sustainable. This was evident during the recent global financial crises when obstacles to accessing PCF were identified as the chief deterrent for businesses that require rescue or reorganization (Pretorius and Du Preez, 2013). A review was performed to assess what the impact was, of a distress company obtaining PCF in KZN. Empirical research includes a qualitative research design engaged to explore the impact of PCF on the success of business rescue efforts for distressed companies in KZN. Insights and understandings were drawn from the participation of business rescue practitioners in Kwa Zulu Natal. This included addressing the challenges of obtaining PCF and what finance is available. The findings from the literature review confirm that the barriers to obtaining PCF are the most limiting factors in rescuing businesses in distress in KZN and the challenges include the time frame within the business rescue plan and that financial institutions are not prepared to support a business rescue without collateral.

Teleworking and the "Disability Divide"

2010 ◽  
pp. 155-178 ◽  
Author(s):  
John C. Bricout ◽  
Paul M.A. Baker ◽  
Andrew C. Ward ◽  
Nathan W. Moon
Keyword(s):  
Work Environment ◽  
Digital Divide ◽  
Policy Options ◽  
Missed Opportunities ◽  
Persons With Disabilities ◽  
Barriers To Access ◽  
Reasonable Accommodations ◽  
Information And Communication ◽  
Simple Exclusion ◽  
The Impact

Much of the discourse on the digital divide focuses on issues of information disparity and accessibility, frequently in socioeconomic terms. This perspective overlooks an important aspect of the digital divide, the lack of access and missed opportunities faced by persons with disabilities, referred to here as the “disability divide.” Barriers to access and knowledgeable use of information and communication technology (ICT) represent more than simple exclusion from information to encompass social segregation and devaluation. At its most insidious, barriers to ICTs limit full community engagement in employment activities. This chapter examines the ramification of the impact of digital divide on the nature of employment and participation in the workplace, using ICT to conduct telework, and explores challenges to social policy with respect to ‘reasonable’ accommodations. In the absence of practices, structures, and policies targeting the distributive work environment, telework is much less likely to close the digital divide for persons with a disability. This suggests the need to explore and develop potential policy options to close the disability divide.

Trials in absentia and the cuts to criminal legal aid

2014 ◽  
Vol 78 (6) ◽  
pp. 486-510
Author(s):  
Paul Willey
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Access To Justice ◽  
Legal Aid ◽  
Magna Carta ◽  
The Right ◽  
The Impact ◽  
Irreparable Damage

The swingeing cuts to criminal legal aid may do irreparable damage to the defence side of the equality of arms. Coupled with this, the case of R v Jones gives the judge discretion to try in the defendant’s absence without representation or being present as a litigant-in-person. It is arguable that the defendant’s right to be heard will be chipped away at until the defence side is left legally crippled. The enactment of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 is insular and neglects the defendant’s rights systemically. Without an adequate defence, squalid injustice will permeate and reverberate throughout the criminal justice system. Defendants cannot be corralled into court without the assistance of an advocate. The impact of the cuts falls on the litigant-in-person, thereby delimiting access to justice. Thus it disallows the opportunity to raise a proper defence. The sequela of the attack against the defence is a retreat back to the pre-1690s when defendants had very limited chances of being represented. Expense should not quell the right to be heard. Will the 2012 Act administer the coup de grace to the right to be heard or will Magna Carta be a heaven-sent ancient bulwark against this threat?

Mosques, Mawlanas and Muharram: Indian Islam in Colonial Natal, 1860-1910

2001 ◽  
Vol 31 (3) ◽  
pp. 305-335 ◽  
Author(s):  
Goolam H. Vahed
Keyword(s):  
South Africa ◽  
South African ◽  
Political Life ◽  
Western Cape ◽  
The Social ◽  
Kwazulu Natal ◽  
Minority Religion ◽  
Language Region ◽  
The Many ◽  
The Impact

AbstractThis study examines the establishment of Islam in colonial Natal, attempting to fill a void in and correct the existing historiography.1 In comparison with other parts of Africa, the lack of a historiographical tradition on Islamic South Africa is conspicuous, but understandable given that traditionally the impact and consequences of racial segregation occupied the attention of most historians. Although Islam is a minority religion in South Africa, apartheid has created an impression of population density not reflected in the census figures. According to the 1996 census, there were 553,585 Muslims in a total population of forty million.2 Indian Muslims make up one of the two largest sub-groups, the other being Malay¸.3 There are 246,433 Malay and 236,315 Indian Muslims.4 The majority of Indian Muslims are confined to KwaZulu Natal and Gauteng, while most Malay Muslims live in the Western Cape. There is thus very little contact and interaction between them; indeed there are deep differences of history, culture, class and tradition. Muslims have played an important role in the social, economic and political life of the country. The many mosques that adorn the skylines of major South African cities are evidence that Islam has a living presence in South Africa, while the militant activities of the Cape-based People Against Gangsterism and Drugs (Pagad) in the post-1994 period has ensured that Islam remains in the news. This study demonstrates that, apart from obvious differences between Indian and Malay Muslims, there are deep-seated differences among Indian Muslims. The diversity of tradition, beliefs, class, practices, language, region, and experience of migration has resulted in fundamental differences that have generated conflict.

Sign in / Sign up

Export Citation Format

Share Document