Department of Public Law
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Browsing Department of Public Law by Author "Kandala, L. J. J."
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Item Embargo Leveraging and enhancing existing legal frameworks in the African Regional system for the prevention of ecocide and environmental dam(2025-09-05) Mutasa, Lawrence Tatenda; Kandala, L. J. J.; Jegede, A. O.The African Regional system has been a subject of ongoing debates and discussions on how to protect the environment and combat ecocide effectively. In this regard, various legal frameworks have been put in place to address these issues, particularly the Bamako Convention on The Ban Of Import To Africa And The Control Of Transboundary Movement And Management Of Hazardous Wastes Within Africa. However, there is still room for improvement in leveraging and enhancing these existing legal frameworks for more efficient ecocide prevention and environmental protection. The Protocol On The Amendments To The Protocol On The Statute Of The African Court Of Justice And Human Rights (Malabo Protocol) provides a more effective way to criminalise Ecocide. The main question addressed in this research is how the African Regional system can prevent ecocide and ensure environmental protection through Article 28L of the Malabo Protocol. If so, how should this be done, and if not, how can existing legal frameworks be leveraged and enhanced? KeywoItem Open Access Realising the right to healthcare services in South Africa(2024-09-06) Monyai, Wanga Ezekiel; Kandala, L. J. J.; Choma, H. J.This study examines the ongoing problems faced in an attempt to enforce the provision of the entitlement to hospital facilities. It outlines the legal and constitutional frameworks that makes provision for the entitlement for having to access healthcare services for all people in the Republic. The need for such provision is a central part of the national vision for healthcare transformation. Therefore, our constitution provides that: “everyone has the right to have access to health care service.” In this regard it is important to note that “ This constitution is the supreme law of the Republic ;law or conduct that is in consistent with it is invalid and obligations imposed by it must be fulfilled”. The study draws on evidence from a range of sources, including published literature, policy, and existing healthcare reforms in South Africa, evaluates their efficiency and the current state of healthcare in the country, and discusses the socio-economic and political issues, including poverty, inequity and inadequate public healthcare infrastructure. Particularly, this study accesses the legal initiatives in South Africa, such as the statutory Health Insurance (NHI), and their potential to improve enforceability of the said right. The conclusions drawn from this paper suggests that South Africa faces ongoing problems in achieving the objectives of providing for the right to healthcare, including a shortage of healthcare providers, low levels of public financing for health, and inadequate supplies. We are further burdened by the country's limited human resources and infrastructure, inadequate health systems governance, and weak public-private partnerships have all contributed to the slow progress in achieving universal healthcare coverage in the country. The study concludes by proposing specific recommendations to safeguard the provision of the said right. These strategies include increasing public investment in health, strengthening public-private partnerships, and improving the management of the health system. It also highlights the importance of developing innovative strategies that can engage stakeholders in understanding and addressing these ongoing problems. The evidence presented throughout this study suggests that substantial effort will be required to overcome the different challenges and ensure universal healthcare coverage in the country.Item Embargo The Right of Future Generation to a Safe Climate in the SADC Region(2026-05-19) Maweto, Patrick P.; Jegede, A. O.; Kandala, L. J. J.The Intergovernmental Panel on Climate Change (IPCC) identifies Southern Africa, which encompasses all Southern African Development Community (SADC) member states, as a climate change hotspot facing irreversible environmental and climate-related constraints. Concurrently, resolutions of the United Nations Human Rights Council (UNHRC) and key instruments, such as the Maastricht Principles on the Human Rights of Future Generations, underscore the urgency to safeguard future generations from the adverse impacts of climate change. Future generations are increasingly being recognised within the global normative frameworks and jurisprudence of the United Nations human rights treaty system, as well as in national constitutions and legal decisions. However, at the sub-regional level within SADC, significant uncertainty persists regarding the existence, legal content, and protection of the right of future generations to a safe climate. Yet, normative standard-setting and legal interventions are essential drivers of protection. This study employs a doctrinal methodology and uses Zimbabwe, South Africa, Madagascar, the Democratic Republic of Congo, and Tanzania as case studies to interrogate the adequacy of normative standards within the SADC context. The findings reveal three key issues: firstly, there is insufficient legal recognition and protection of the rights of future generations at both the SADC and national levels. Secondly, SADC states continue to rely on environmentally unsustainable practices due to the inconsistent application and implementation of regional frameworks, compounded by their normative inadequacies, which exacerbate climate change and overlook climate mitigation and adaptation efforts. Lastly, Climate change poses a serious threat to a range of human rights relevant to future generations, including the rights to food, health, water, life, and a safe and healthy environment. The study concludes that a human rights-based theoretical framework is powerful for advancing legal pathways to protect future generations. These pathways include adopting an SADC Protocol for future generations, reinstating the SADC Tribunal's protective mandate for human rights, appointing a special rapporteur on the rights of future generations, and ensuring robust monitoring and reporting mechanisms for state responsibilities towards future generations. Also, the implementation of states’ obligations to respect, protect, and fulfil human rights can be effectively employed to address the climate crisis in the SADC region.