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- Volume 10, Issue 4, 2009
ESR Review : Economic and Social Rights in South Africa - Volume 10, Issue 4, 2009
Volume 10, Issue 4, 2009
Source: ESR Review : Economic and Social Rights in South Africa 10, pp 1 –2 (2009)More Less
Lilian Chenwi provides an overview of the recent South African Constitutional Court's decision in which the Court found the KwaZulu-Natal Elimination and Prevention of Re-Emergence of Slums Act 6 of 2007 to be unconstitutional. She observes that the decision is another 'wake-up call' for the government to ensure that its approach to the challenge of informal settlements or slum conditions is pro-poor and acknowledges peoples' existing circumstances.
Author Marlise RichterSource: ESR Review : Economic and Social Rights in South Africa 10, pp 2 –5 (2009)More Less
Socio-economic rights encompass the basic entitlements of all people in South Africa to social and economic goods and services and provide an important mechanism for the attainment of social justice. By virtue of their inherent human dignity, sex workers are entitled to all the socio-economic rights enshrined in the Constitution. Yet the realisation of these rights is compromised daily by police prosecution, social stigma and gender-based violence. In fact, sex workers' economic, social and physical vulnerability in South African society is created, sustained and exacerbated by outdated laws that criminalise 'sex for reward'.
Author Redson Edward KapinduSource: ESR Review : Economic and Social Rights in South Africa 10, pp 6 –9 (2009)More Less
International law has special significance in South African law, particularly within the framework of the 1996 Constitution of South Africa (the Constitution). The Constitution provides for mechanisms for the direct application (sections 231 and 232) and indirect application of international law (section 39(1)(b)). This paper explores the vital role of international human rights law in South Africa, focusing on labour and housing rights.
Source: ESR Review : Economic and Social Rights in South Africa 10, pp 9 –12 (2009)More Less
The Constitution Court handed down judgment in the Slums Act case on 14 October 2009. The case was a direct appeal against a judgment of the KwaZulu-Natal High Court, Durban, in which the latter refused to strike down the KwaZulu-Natal Elimination and Prevention of Re-Emergence of Slums Act 6 of 2007 (the Slums Act) (see Abahlali baseMjondolo Movement SA and Another v Premier, KwaZulu-Natal and Others 2009 (3) SA 245(D)).
The right of access to sufficient water and the Constitutional Court's judgment in Mazibuko : case reviewSource: ESR Review : Economic and Social Rights in South Africa 10, pp 12 –15 (2009)More Less
On 8 October 2009, the Constitutional Court handed down its judgment in the Mazibuko case. This case dealt with an appeal against the judgment of the Supreme Court of Appeal of 25 March 2009, regarding the constitutionality of the City of Johannesburg's free basic water policy and the lawfulness of the pre-paid water meters. The facts and decisions of the High Court and Supreme Court of Appeal have been discussed in previous issues of the ESR Review (Khalfan and Conteh, 2008; and Dugard and Liebenberg, 2009).
Author Monica Arango OlayaSource: ESR Review : Economic and Social Rights in South Africa 10, pp 16 –18 (2009)More Less
Author Rebecca AmolloSource: ESR Review : Economic and Social Rights in South Africa 10, pp 18 –19 (2009)More Less
In August 2009, the Department of Human Settlements (DHS or Department) held three key meetings (briefings) before the Standing Committee on Public Accounts (SCOPA or Committee) in Parliament, addressing issues on housing in South Africa. The first meeting focused on the N2 Gateway Project Special Audit Report (5 August 2009); the second was on the National Housing Code 2009 and Farm Residence Housing Programme (19 August 2009); and the third discussed social rental housing benefits (26 August 2009). Below is a summary of some of the issues raised in the meetings.
Social protection : report of the UN Independent Expert on the question of human rights and extreme poverty : updatesSource: ESR Review : Economic and Social Rights in South Africa 10, pp 19 –20 (2009)More Less
In August 2009, the United Nations (UN) Independent Expert on the question of human rights and extreme poverty, Magdalena Sepúlveda, presented a report to the UN General Assembly addressing the impact of the global financial crisis on people living in extreme poverty and on the enjoyment of human rights (UN doc A/64/279). The report focuses on, among other things, the potential of social protection systems to tackle the effects of the financial crisis and reduce vulnerability. It notes the alarming impact of the current global economic and financial crisis on the poor, which requires the urgent establishment and expansion of social protection systems to protect those living in poverty and to prevent more people from being pushed into poverty (para 6). Eighty per cent of the world's population have little or no access to adequate social protection (para 7); and 20% live in extreme poverty (para 58). Below is a summary of what the report says about social protection.
Source: ESR Review : Economic and Social Rights in South Africa 10, pp 21 –24 (2009)More Less
Source: ESR Review : Economic and Social Rights in South Africa 10 (2009)More Less
Understanding Social Security Law forms part of a new series of Juta's Pocket Companions. This handy book deals with key elements of social security in its various facets, both private and public. It defines social security and its various elements such as social insurance, social assistance, pensions and unemployment insurance. It also provides summaries of the cases that have been decided on social security thus far. The book benefits from a comparative approach, including trends and perspectives from the Southern African Development Community (SADC) countries.