This paper analyses a unique institution in South Africa, the Western Cape Commissioner for Children, the only sub-national and the thematic child rights-related institution in South Africa. The article focuses primarily on the establishment of the Commissioner, its powers and duties as provided for in the relevant legal instruments. Primarily considering its powers, we also briefly note its facilitation of child participation and explore the international standards on human rights institutions that situates the Commissioner in this diverse institutional landscape. The article also compares the Commissioner with the South African Human Rights Commission and the Commission on Gender Equality, to understand its nature, mandate and functions, its strengths and weaknesses. Identifying that the Commissioner's legal framework for functioning contains certain points requiring clarification, we conclude by noting the facilitation of child participation as a laudable contribution.
This paper examines the role of public participation in policy-making, with a focus on public health interventions in South Africa. Public participation processes are crucial for ensuring policies reflect the public good and incorporate the lived experiences of diverse communities to develop effective and responsive solutions. However, improper implementation can alienate segments of the population, erode trust and undermine the legitimacy of policy decisions. This paper highlights the concern that participatory processes are often skewed towards powerful stakeholders, such as corporate entities, rather than vulnerable groups who are most in need of public health policies. After delving into the nature of public participation in policy-making processes in South Africa, where and how these processes fall short, as well as how these processes are abused, this paper concludes with suggestions on how participation can be strengthened to reflect the public good.
This article focuses on the complex relationship between socio-economic rights litigation and social change in the lives of poor women in South Africa. It centres the needs and experiences of women in the literature on using law to bring about social change and to explore how socio-economic rights litigation can better address the conditions of poverty, disadvantage and vulnerability to violence of women in South Africa. It examines the limits of what courts can do in bringing about social change, and the different impacts that litigation can have, despite its limits. Finally, the article illustrates how litigation can be conducted in a way that increases the likelihood of it resulting in social change in the lives of poor women. This includes consulting with women to ensure that their lived experiences form part of court papers, conducting research on the impact of lack of housing and basic services on women, and centring the context and experiences of poor Black women in characterising a case. Finally, I argue that remedies are vital to employ in better conducting socio-economic rights litigation, and that the implementation of orders should include the participation of women.
Religion and the law share a complex and often contentious relationship. In South Africa's constitutional framework, the separation of church and state is crucial for maintaining the separation of powers. This relationship is governed by two principles: religious liberty, which prevents the state from interfering in religious beliefs, and religious equality, which requires the state to treat all religions impartially. Freedom of religion and association, enshrined in s 18 and 31 of the Constitution of the Republic of South Africa, 1996, grants religious groups autonomy to manage their affairs while allowing individuals to express their beliefs and participate in religious practices. However, tensions arise when individual rights conflict with group autonomy. Section 31(2) of the Constitution ensures that no religious practice violates the Bill of Rights. Freedom of religion, together with freedom of association, although foundational to religious liberty and equality, is not absolute and can be limited by the law and constitutional principles. Courts worldwide face the challenge of balancing respect for religious diversity with the protection of universal human rights, highlighting the ongoing struggle to align enduring spiritual doctrines with the evolving demands of modern legal systems.
