Discourse and Debate: Democracy in action: The demise of the Traditional Courts Bill and its implications

Discourse and Debate: Democracy in action: The demise of the Traditional Courts Bill and its implications

Authors Thuto Thipe, Mbongiseni Buthelezi

ISSN: 1996-2126
Affiliations: Researcher, Centre for Law and Society, University of Cape Town; Senior Researcher, Centre for Law and Society, University of Cape Town
Source: South African Journal on Human Rights, Volume 30 Issue 1, 2014, p. 196 – 205

Abstract

None

What was left unsaid: the unconstitutionality of the Performing Animals Protection Act in NSPCA v Minister of Agriculture, Forestry and Fisheries

What was left unsaid: the unconstitutionality of the Performing Animals Protection Act in NSPCA v Minister of Agriculture, Forestry and Fisheries

Authors David Bilchitz

ISSN: 1996-2126
Affiliations: Professor, Human Rights and Constitutional Law, University of Johannesburg; Director, South African Institute for Advanced Constitutional, Public, Human Rights and International Law; Secretary General (Acting), International Association of Constitutional Law
Source: South African Journal on Human Rights, Volume 30 Issue 1, 2014, p. 183 – 195

Abstract

None

The right to stand as an independent candidate in national and provincial elections: Majola v The President

The right to stand as an independent candidate in national and provincial elections: Majola v The President

Authors Loammi Wolf

ISSN: 1996-2126
Affiliations: Research associate, Centre for Public Management and Governance, University of Johannesburg
Source: South African Journal on Human Rights, Volume 30 Issue 1, 2014, p. 159 – 182

Abstract

None

Current Development and Case Note: The rhetoric of rape: An extended note on apologism, depoliticisation and the male gaze in Ndou v S

Current Development and Case Note: The rhetoric of rape: An extended note on apologism, depoliticisation and the male gaze in Ndou v S

Authors Joel M Modri

ISSN: 1996-2126
Affiliations: Researcher and Lecturer in Jurisprudence, Faculty of Law, University of Pretoria
Source: South African Journal on Human Rights, Volume 30 Issue 1, 2014, p. 134 – 158

Abstract

None

Domestic violence and gendered socio-economic rights: An agenda for research and activism?

Domestic violence and gendered socio-economic rights: An agenda for research and activism?

Authors Elsje Bonthuys

ISSN: 1996-2126
Affiliations: Professor of Law, University of the Witwatersrand
Source: South African Journal on Human Rights, Volume 30 Issue 1, 2014, p. 111 – 133

Abstract

In South Africa, as elsewhere, intimate partner violence is legally addressed through a specific statute, the Domestic Violence Act. Although this legislation is progressive in recognising the socio-economic antecedents to and consequences of gendered violence, the implementation of the Act has been particularly ineffective in this area. Moreover, courts tend to assume that intimate partner violence would have been adequately dealt with in terms of the Act and thus to ignore its impact on other legal issues. This restricts the development of legal remedies for violence in other areas of the law, even as the remedies available under the Domestic Violence Act fail to be implemented. The South African Constitution is progressive in its commitment to gender equality, and also includes a wide range of socio-economic rights. Drawing on international literature, this article will focus on some of the socio-economic rights of the survivors of violence, such as rights to housing and employment, social security and health in order to shift the current paradigms of intimate partner violence, focused primarily on gender. It argues that such a shift can lead to a range of new remedies for survivors of gendered violence, whilst simultaneously strengthening the argument for improved implementation of the socio-economic elements already contained in the Act.

Extreme elective or cosmetic surgery and controversial patient choice: A Constitutional analysis

Extreme elective or cosmetic surgery and controversial patient choice: A Constitutional analysis

Authors Hanneke Verwey, Pieter A Carstens

ISSN: 1996-2126
Affiliations: MacRobert Attorneys, Department of Professional Indemnity Law; Department of Public Law, University of Pretoria
Source: South African Journal on Human Rights, Volume 30 Issue 1, 2014, p. 89 – 110

Abstract

The specific fundamental human rights protected in the Bill of Rights that come into play when patients make controversial requests for extreme forms of cosmetic surgery are discussed. The meaning of human dignity in South African constitutional law forms the focus of the first part of this article. By applying a constitutional conception of human dignity, the question is answered whether extreme forms of cosmetic surgery most likely promotes or impedes human dignity. In this regard, the relationship between autonomy and dignity and the question whether autonomous individuals should be prevented from participating in activities that might limit their dignity is addressed. The same enquiry is made concerning the other fundamental human rights that are applicable to extreme forms of cosmetic surgery. This includes the right to bodily integrity and the right to privacy. The limitation of these fundamental human rights in terms of s 36 of the Constitution is then addressed.