News

Impact of the declaration of invalidity of the Municipal Systems Amendment Act of 2011
Author: Henry Gichana
Published: 20 Sep 2019
Background: On 9 March 2017, the Constitutional Court (the Court) confirmed a decision of the High Court, which had declared the Local Government: Municipal Systems Amendment Act, 2011 (Amendment Act) unconstitutional and entirely invalid. The Amendment Act had mainly sought to make changes to the Local Government: Municipal Systems Act of 2000 (Principal Act) while making a minor related amendment to the Local Government: Municipal Structures Act of 1998. The process of its enactment had wrongly followed the procedure laid out under section 75 of the Constitution instead of the appropriate procedure under section 76. The Court confirmed this invalidity in the case of South African Municipal Workers’ Union v Minister of Cooperative Governance & Traditional Affairs and Others [2017] ZACC 7.
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DOI gives two thumbs up to the ConCourt ruling against corporal punishment
Author: Jacob
Published: 19 Sep 2019
The Children’s Rights Project of the Dullah Omar Institute (DOI) at the University of the Western Cape welcomes the Constitutional Court of South Africa’s declaration that the common law defence of reasonable and moderate parental chastisement is unconstitutional. The DOI was one of the three partners that was granted permission to submit an amicus brief to the Constitutional Court.
DOI Children’s Rights Project Participate in Child Rights Litigation Training
Author: Jacob
Published: 13 Sep 2019
Dr. Usang Maria Assim and Dr. Robert Nanima researchers with the Children’s Rights Project this week participated in a 3-day child rights strategic litigation training and case-identification workshop from 10 - 12 September 2019 in Mombasa, Kenya. The workshop organised by IHRDA and East Africa Child Rights Network falls within the framework of the African Children’s Charter Project (Phase II) coordinated by Plan International.
#TimesUp for failing feminist governance
Author: Women and Democracy Initiative
Published: 30 Aug 2019
30 August 2019 - The clock is now also running out for the South African government’s lack of womxn-centric policy and action as a new analysis released today indicates the lack of feminist governance should have its own #TimesUp moment.
Dullah Omar Institute Releases “The Regulation of Public Enterprises in Ethiopia” as part of its SOE series
Author: Motlatsi Komote
Published: 16 Aug 2019
Both Ethiopia and South Africa place state-owned enterprises (SOEs) at the centre of their state-led development effort. In both countries, there is a strong and dominant ruling party/alliance, whose influence stretches into virtually all sectors of society. However, Ethiopia has not experienced large scale corruption in its SOEs. In fact, its SOEs seem to be doing well with Ethiopian Airlines as a prominent and shining example.
Provincial governments are not intervening when they are supposed to: The Case study of Emalahleni Local Municipality
Author: Curtly Stevens
Published: 18 Jul 2019
The latest municipal audit results (2017-18) released by the Auditor-General (AG), Kimi Makwetu, found amongst others that a third of municipalities are not in a financial position to pay their creditors. The financial woes of municipalities weigh heavily on municipal creditors, in particular, bulk services suppliers, such as Eskom and water boards. As of June 2018, municipalities owed Eskom R18,26 billion with arrears amounting to R9,12 billion while debt to Water Boards stood at R 9,05 billion with arrears at R5,85 billion, respectively.
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