A Comparative Study of the South African Constitution

1910 ◽  
Vol 4 (1) ◽  
pp. 1-82
Author(s):  
Lester H. Woolsey
Keyword(s):  
Great Britain ◽  
Comparative Study ◽  
International Law ◽  
South African ◽  
British Empire ◽  
The Self ◽  
The Family ◽  
The Government ◽  
South African Constitution ◽  
The Right

The self-governing colonies of the British Empire are not, it is true, states within the meaning of international law, for Great Britain has, among other things, the legal right to conclude with other nations treaties which affect her colonies. It is, moreover, too much to say that the self-governing colonies will become members of the family of nations. Still it is a fact that England has in recent years granted them more or less participation in the negotiation of treaties affecting their welfare; and in a recent treaty of general arbitration Great Britain expressly reserves “the right before concluding a special agreement in any matter affecting the interest of a self-governing Dominion of the British Empire, to obtain the concurrence therein of the Government of that Dominion.” Consequently these colonies possess a certain standing in international relations which can not be overlooked, and which justifies some comparative study of their fundamental laws. The object of this paper is, therefore, to give a general sketch of the constitution of South Africa, recently approved by the English Parliament, in the light of the earlier constitutions similarly granted to Canada and Australia.

Professor John Dugard: A South African Perspective

2007 ◽  
Vol 20 (4) ◽  
pp. 955-964 ◽  
Author(s):  
MAX DU PLESSIS
Keyword(s):  
Human Rights ◽  
International Law ◽  
South African ◽  
The South ◽  
International Court Of Justice ◽  
Human Rights Abuses ◽  
International Court ◽  
The Government ◽  
South African Constitution ◽  
The Impact

This article considers the work of John Dugard in the field of human rights and international law and the impact thereof on the South African legal landscape. After tracing the importance of Dugard's early work in South Africa in the fields of legal philosophy, human rights, and international law, the article turns to consider the later achievements in Dugard's prestigious career. The author highlights the numerous cases in which Dugard appeared as counsel before the South African courts, and considers the impact that Dugard had on the drafting of the South African Constitution in relation to international law and its use in interpreting the South African Bill of Rights. The final section of the article considers the shameful failure of the South African government to support Dugard in his bid to be appointed as a judge of the International Court of Justice. The author concludes that notwithstanding the fact that the government has not accorded him the recognition he deserves, Dugard's pioneering human rights work continues unabated in his various positions, including in his role as the UN Special Rapporteur on human rights abuses in occupied Palestine.

scholarly journals A HEXAGON RIGHT: THE SIX DIMENSIONS OF THE SOUTH AFRICAN RIGHT TO BASIC EDUCATION

Obiter ◽  
2018 ◽  
Vol 39 (1) ◽  
Author(s):  
Chiedza Simbo
Keyword(s):  
South Africa ◽  
Secondary School ◽  
International Law ◽  
South African ◽  
Basic Education ◽  
The South ◽  
Six Dimensions ◽  
The Government ◽  
The Right ◽  
Primary And Secondary School

Notwithstanding the enactment of the South African Constitution in 1996, 23 years later, the need to determine the scope and content of the right to basic education has been a battlefield for authors. Whilst authors battle, complaints are made about the South African government charging school fees for basic education, decreasing pass thresholds for matriculants, students learning in dilapidated classrooms, non-delivery of text books, unqualified teachers and many complaints reminiscent of a failing basic education system. Despite citizen attempts to take the government to court for specific violations relating to the provision of basic education, in the absence of a law of general application specifically unpacking the scope and content of the right to basic education in South Africa, an ultimate question remains, what is the scope and content of the right to basic education for the purposes of its implementation in South Africa? This paper attempts to determine the scope and content of section 29(1)(a) using an international law approach. After engaging the provisions of international law as well as writings by other authors, the conclusion is that, in relation to its scope and content, section 29(1)(a) is a hexagon right that is, a right comprising of six interrelated dimensions. The six dimensions are that, the right to basic education includes primary and secondary school attendance, the right to basic education includes compulsory and free attendance of both primary and secondary school and the right to basic education is an unqualified right. Further, the right to basic education is a minimum core content of the right to education, the right to basic education must be available, accessible, acceptable and adaptable and the quality standard of the right to basic education is explained by the World Declaration on Basic Education for All, 1990.

scholarly journals SECURITY OF TENURE AT THE CROSSROAD OF CONFLICTING INTERESTS: THE BRUSSON FINANCE (PTY) LTD SAGA

Obiter ◽  
2014 ◽  
Vol 35 (2) ◽  
Author(s):  
CJ Tchawouo Mbiada
Keyword(s):  
South African ◽  
Informal Settlement ◽  
The State ◽  
Housing Assistance ◽  
Emergency Housing ◽  
Constitutional Right ◽  
The Government ◽  
South African Constitution ◽  
The Right ◽  
National Housing

Section 26 of the South African Constitution of 1996 makes provision for the right to have access to adequate housing (right to housing) for everyone. The section further enjoins the State to devise measures within the availability of its resources, to progressively realise this right. This has led to the adoption/enactment and implementation of a number of statutes and policies such as the Housing Act (107 of 1997), the Breaking New Ground of 2004, the Upgrading of Informal Settlement Programme of 2004, the National Housing Programme for Housing Assistance in Emergency Housing Circumstances of 2004, the National Housing Code of 2009 and the Outcome 8 Delivery Agreements: Sustainable Human Settlements and Improved Quality of Household Life of 2010. In passing, adopting and implementing these statutes and policies, the Government is discharging its obligations under section 26 of the Constitution to provide housing to all citizens. However, the effort of the state to fulfil its constitutional mandate to realize the right to housing is under severe threat following the Brusson Finance (Pty) Ltd matter which I refer to as “saga” (hereinafter “Brusson”). The Brusson saga refers to a number of people who were fraudulently deprived of their property (used a guarantee) as a result of a well-orchestrated scam offering credit facilities to those with bad credit records who could no longer receive credit facilities from financial institutions. As a result of such fraudulent deprivation of their property, two of the victims launched proceedings to recover their property. That case and the subsequent one analysed below, are used only to illustrate the Brusson mechanism and difficulties encountered by victims to get back their property. Furthermore, there are other decided cases. Some other cases are likely to be lodged, all in connection with Brusson, hence the word “saga”. These cases serve only as a point of departure for this note, and comments made thereto go beyond the scope of the judgments. These comments are extended to the Brusson scheme in general and should not in any way, be constrained or limited to the findings of the court. In other words, the comments are not against the findings of the courts. The Brusson saga resuscitates the debate of the horizontal application of the Bill of Rights to private disputes when a violation of a constitutional right may be invoked by either party. This necessitates the granting of remedies other than those provided for by the relevant statutes when such remedies would not suffice to satisfactory remedies to all the parties. Unless such remedies are granted to salvage the situation, many beneficiaries from the Brusson scam will be left homeless (if not already) in the near future, thereby curtailing Government effort to provide security of tenure and reduce homelessness countrywide. In order to understand the difficulties and complexities encountered by all parties (court, liquidators and the National Credit Regulator) to transfer properties back to the original home owners, I provide an in-depth mechanism of the Brusson’s scheme.

Accessing the Right to Basic Education in South Africa: Four Years after the Ratification of the Covenant on Economic, Social, and Cultural Rights

2020 ◽  
Vol 19 (4) ◽  
pp. 479-502
Author(s):  
Sicelo Makapela ◽  
Pius Tanga
Keyword(s):  
South African ◽  
Basic Education ◽  
Walking Distance ◽  
Cultural Rights ◽  
The Government ◽  
South African Constitution ◽  
The Right ◽  
Human Rights Based Approach ◽  
Depth Interviews ◽  
Survey Questionnaires

Abstract This article examines access to the right to basic education enshrined in the South African Constitution. Underpinned by the human rights-based approach, the study employed survey questionnaires and in-depth interviews as methods of data collection. The results of the study revealed that the majority of the survey respondents contend that the post-apartheid state has fulfilled the right to basic education only to a small extent notwithstanding the existence of pre-schools, primary, and secondary schools located within a reasonable walking distance from the communities. Preference for the three classes was not equally distributed in the population, X2 (2, N= 500) = 99.68, p < 0.05. On the contrary, the majority of government participants interviewed rated the post-apartheid state fulfillment of the right to basic education in the Buffalo City Metropolitan Municipality as fair. Overall, all the government participants had a moderate view regarding the fulfillment of the right.

scholarly journals DEFINING THE RIGHT TO STRIKE: A COMPARATIVE ANALYSIS OF INTERNATIONAL LABOUR ORGANIZATION STANDARDS AND SOUTH AFRICAN LAW

Obiter ◽  
2021 ◽  
Vol 33 (2) ◽  
Author(s):  
Mohamed Alli Chicktay
Keyword(s):  
South Africa ◽  
International Law ◽  
South African ◽  
The Other ◽  
International Labour Organization ◽  
International Labour Organisation ◽  
Human Right ◽  
South African Constitution ◽  
The Right ◽  
Do So

The right to strike is a fundamental human right recognized in international law and the South African Constitution. If “strike” is defined too narrowly it would deny protection that would normally be given to employees who would otherwise be participating in a strike. On the other hand if “strike” were defined too broadly it would categorize as strike action that would not normally be regarded as a strike: thus subjecting these employees to serious consequences that result from participating in an unprotected strike. These may include dismissals, interdicts and claims for compensation. South Africa has a constitutional obligation to comply with international law when interpreting human rights. The purpose of this article is to determine whether South African law defines “strike” in compliance with International Labour Organisation standards and to make suggestions for amendments to the lawwhere it fails to do so.

In the Matter of the Claim of Madame Chevreau Against the United Kingdom

1933 ◽  
Vol 27 (1) ◽  
pp. 153-182 ◽  
Author(s):  
Beichmann
Keyword(s):  
United Kingdom ◽  
Great Britain ◽  
International Law ◽  
Martial Law ◽  
The United Kingdom ◽  
Armed Resistance ◽  
The Government ◽  
The Right

Great Britain and her Allies were at war with Germany and Turkey, but not with Russia orPersia, and martial law had not been proclaimed in Persian territory occupied with permission of the government by the British troops. The latter, however, met with armed resistance from certain local inhabitants and hostile bands of brigands under Russian Bolshevist leadership. Under these circumstances the British forces in Persia had the right totake the necessary measures to protect themselves against acts harmful to their operations or favorable to the enemy, a right which in general, according to international law,belongs to belligerent forces occupying enemy territory.

The Scope and Content of Section 75(1)(a) of the Zimbabwean Constitution: An International Law Approach

2020 ◽  
Vol 53 (2) ◽  
Author(s):  
Chiedza Simbo
Keyword(s):  
International Law ◽  
Education System ◽  
Basic Education ◽  
The State ◽  
Education Act ◽  
The Government ◽  
The Right ◽  
Basic Education System

Despite the recent enactment of the Zimbabwean Constitution which provides for the right to basic education, complaints, reminiscent of a failed basic education system, have marred the education system in Zimbabwe. Notwithstanding glaring violations of the right to basic education by the government, no person has taken the government to court for failure to comply with its section 75(1)(a) constitutional obligations, and neither has the government conceded any failures or wrongdoings. Two ultimate questions arise: Does the state know what compliance with section 75(1)(a) entails? And do the citizens know the scope and content of their rights as provided for by section 75(1)(a) of the Constitution of Zimbabwe? Whilst it is progressive that the Education Act of Zimbabwe as amended in 2020 has addressed some aspects relating to section 75(1)(a) of the Constitution, it has still not provided an international law compliant scope and content of the right to basic education neither have any clarifications been provided by the courts. Using an international law approach, this article suggests what the scope and content of section 75(1)(a) might be.

THE VALUE OF LOVE IN THE SYSTEM OF FORMATION OF THE PROFESSIONAL MATURITY OF THE EDUCATOR

2020 ◽  
Vol 1 (10(79)) ◽  
pp. 12-18
Author(s):  
G. Bubyreva
Keyword(s):  
Russian Federation ◽  
The State ◽  
Educational Process ◽  
Wide Range ◽  
The Family ◽  
The Russian Federation ◽  
The Government ◽  
The Individual ◽  
The Right

The existing legislation determines the education as "an integral and focused process of teaching and upbringing, which represents a socially important value and shall be implemented so as to meet the interests of the individual, the family, the society and the state". However, even in this part, the meaning of the notion ‘socially significant benefit is not specified and allows for a wide range of interpretation [2]. Yet the more inconcrete is the answer to the question – "who and how should determine the interests of the individual, the family and even the state?" The national doctrine of education in the Russian Federation, which determined the goals of teaching and upbringing, the ways to attain them by means of the state policy regulating the field of education, the target achievements of the development of the educational system for the period up to 2025, approved by the Decree of the Government of the Russian Federation of October 4, 2000 #751, was abrogated by the Decree of the Government of the Russian Federation of March 29, 2014 #245 [7]. The new doctrine has not been developed so far. The RAE Academician A.B. Khutorsky believes that the absence of the national doctrine of education presents a threat to national security and a violation of the right of citizens to quality education. Accordingly, the teacher has to solve the problem of achieving the harmony of interests of the individual, the family, the society and the government on their own, which, however, judging by the officially published results, is the task that exceeds the abilities of the participants of the educational process.  The particular concern about the results of the patriotic upbringing served as a basis for the legislative initiative of the RF President V. V. Putin, who introduced the project of an amendment to the Law of RF "About Education of the Russian Federation" to the State Duma in 2020, regarding the quality of patriotic upbringing [3]. Patriotism, considered by the President of RF V. V. Putin as the only possible idea to unite the nation is "THE FEELING OF LOVE OF THE MOTHERLAND" and the readiness for every sacrifice and heroic deed for the sake of the interests of your Motherland. However, the practicing educators experience shortfalls in efficient methodologies of patriotic upbringing, which should let them bring up citizens, loving their Motherland more than themselves. The article is dedicated to solution to this problem based on the Value-sense paradigm of upbringing educational dynasty of the Kurbatovs [15].

scholarly journals Victim’s Right of Access to International Criminal Courts

2016 ◽  
Vol 10 (1) ◽  
pp. 279
Author(s):  
Fazlollah Foroughi ◽  
Zahra Dastan
Keyword(s):  
International Law ◽  
International Criminal Court ◽  
International Criminal ◽  
Criminal Court ◽  
International Level ◽  
Human Beings ◽  
International Crimes ◽  
The Government ◽  
The Right ◽  
Right Of Access

Due to quantitative expansion and evolution in committing the crime at the international level, the scope of criminal proceedings has been widened significantly. Tolerance and forgiveness towards crimes that happen at international level not only is a double oppression on the victims, but also provide a fertile context for others to commit crimes more daringly. Thus, it is essential that international criminals are held accountable to the law and competent institution, and the realization of this issue leads to the victim satisfaction in international law. Not only in international law, but also in domestic law, show respect and protection of human rights is effective only when there is an effective justice system to guarantee the rights. Although some international crimes practically occur by the government or at least high-ranking government officials, the Statute of the International Criminal Court has reiterated this point that they only have jurisdiction over the crimes committed by natural persons rather than legal entities, which one good example is governments, and although the real victims of these crimes have been human beings, in the case of action and referring the case to the competent international courts, these are the states (rather than the victims) that actually have the right of access to the authorities and not beneficiaries .Thus, at the first step, we should see whether the Court has jurisdiction over the crime committed by the government and whether people can file an action independently in the International Criminal Court or not? When people, rather than governments, are beneficiaries in some international crimes, why only the government and not the people is the plaintiff? And what is the right of the victim in such category of crimes? Accordingly, the current research seeks to examine these rights and restrictions, and relevant limitations.

scholarly journals Federal Aspects of Preferential Trade in the British Empire

1918 ◽  
Vol 12 (3) ◽  
pp. 381-402 ◽  
Author(s):  
C. D. Allin
Keyword(s):  
Great Britain ◽  
Fiscal Policy ◽  
British Empire ◽  
Free Trade ◽  
Economic History ◽  
Commercial Policy ◽  
New Era ◽  
Mother Country ◽  
History Of ◽  
The Right

The battle over the Corn Laws was fought out in Great Britain as a domestic issue. But it had nevertheless a great imperial significance. During the mercantilistic régime the colonies had been regarded as a commercial appanage of the mother country. The victory of the free traders opened up a new era in the economic history of the empire. The colonies were released from the irksome restrictions of the Navigation Laws. They acquired the right to frame their own tariffs with a view to their own particular interests. In short, they ceased to be dependent communities and became self-governing states.But the emancipation of the colonies was by no means complete. The home government still claimed the right to control their tariff policies. The colonies were privileged, indeed, to arrange their tariff schedules according to local needs; but it was expected that their tariff systems would conform to the fiscal policy of the mother land. The free traders, no less than the mercantilists, were determined to maintain the fiscal unity of the empire. There was still an imperial commercial policy; its motif only had been changed from protection to free trade. The colonies were still bound to the fiscal apron strings of the mother country; but the strings were no longer so short, nor the knots so tight as they had formerly been.

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