Department of Public Law

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Browsing Department of Public Law by Author "Kandala, L. J. J."

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    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? Keywo
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    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.