Theses and Dissertations

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Browsing Theses and Dissertations by Author "Letuka, P. P."

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    Children of asylum seekers and the realisation of social security rights in South Africa
    (2016) Lubisi, Tivoneleni Edmond; Jegede, A. O.; Letuka, P. P.
    The Constitution of the Republic of South Africa shows a clear and unambiguous undertaking by the state to develop a comprehensive social security system. In terms of Section 27 of the Constitution, it is provided that everyone has the right to have access to social security, including, if they are unable to support themselves and their dependants, appropriate social assistance. The section also obliges the state to take reasonable legislative and other measures, within its available resources, to achieve the progressive realisation of each of these rights. Parts of the social assistance are, inter alia, child related social grants in terms of the Social Assistance Act. This research considers the question of statutory exclusion of children of asylum seekers from accessing and exercising their social security rights, in particular, social assistance grants relevant to the needs, assistance and protection of children. Such grants are already provided for by the law to the South African citizen, permanent resident and refugee children. The question which this study seeks to address is whether South African government is in compliance with its constitutional and international obligations in respect of the social security rights and social assistance for children of asylum seekers in South Africa. This would be carried out by reviewing and exploring relevant International, regional and national human rights instruments relevant and applicable to the social security rights and assistance to the children of asylum seekers.
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    Protection of the right of healthcare of people infected with ebola virus disease (EVD) : a human rights-based approach
    (2016) Nwafor, Gloria Chidimma; Vukor - Quarshie, G. N. K.; Letuka, P. P.
    Human rights are those inalienable rights of an individual by virtue of being a human being. They are guaranteed by various domestic and international instruments. This research argues that despite the existence of these instruments and wide acceptances of international human rights standards that seek to protect the right to healthcare, the people infected with Ebola Virus Disease (EVD) are victims of a wide range of constraints to their right to healthcare as a result of the failure by the governments of the respective nations where the impacts of the EVD are mostly felt to discharge their obligations under those instruments. The rights of the people infected with EVD are often violated because of their presumed or known EVD status, causing them to suffer both the burden of the disease and the social burden of discrimination and stigmatisation which could deter the infected persons from accessing available treatment. This would invariably contribute to the spread of the disease. The research further exposes the dilemma posed by the EVD to the healthcare system, where healthcare providers are caught between the rock of selfpreservation from a highly virulent disease and the hard place of discharging their Hippocratic Oath which prescribes ethical guidelines for the discharge of the duties of the medical profession. The present research, which is novel in the field of medico-legal research, seeks to proffer answers to this conundrum.
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    The role of school governing bodies in promoting the best interests of the child in schools
    (2021-11) Baloyi, A.; Letuka, P. P.; Lubaale, E. C.
    The “best interests of the child” principle is recognised in many international human right instruments. For instance, the United Nations Convention on the Rights of the Child1 (CRC) and African Charter on the Rights and Welfare of the Child (ACRWC) both of which are leading instruments on the rights of children make provision for it. In terms of both the CRC and ACRWC, the “best interests of the child” are to be given primary consideration in all dealings with children.2 Both instruments have been signed and ratified by South Africa. The Constitution of the Republic of South Africa,1996 has incorporated the “best interests of the child” providing under its section 28(2) that the “child’s best interests are of paramount importance in every matter concerning the child”.3 Despite such universal recognition of the principle, a legislative framework that regulates the South African schooling system is silent on the “best interests of the child”, giving priority rather to the school’s best interests. School Governing Bodies (SGBs), which are the highest decision-making organs in school governance, are required by the South African Schools Act4 (SASA) to promote the best interests of their schools.5 Unfortunately what is in the best interest of the school may not always be in the “best interests of the child”. The SASA’s silence on the principle, therefore, raises constitutional challenges in the entire schooling system of South Africa. In the past years, SGBs adopted school policies which in their views, were in the best interest of their schools, only to be rejected later by the courts for their inconsistence with the Constitution. For instance in Pillay v KZN Minister of Education and Others6 the school refused to allow a learner to wear a nose-stud to express her religion. The Constitutional Court had to decide whether the learner was discriminated against by the school’s code of conduct. The Court held that the learner was discriminated against by the on religious and cultural grounds. It was held that schools are obliged to affirm and accommodate diversity in a reasonable manner. In Head of Department of Education, Free State Province v Welkom High School and Others7, two high schools in the Free State adopted policies which excluded pregnant learners. The Court had to determine the legality of these pregnancy policies. Consequently, it was found that they violated section 28(2) of the Constitution, which explicitly provides that “a child’s best interests are of paramount importance in every matter concerning the child”. The above examples illustrate the nature of constitutional challenges in the schooling system caused by the SGBs’ failure to accord due recognition to the “best interests of the child” due to the SASA’s silence on the principle. The study discussed the role of SGBs in promoting the “best interests of the child” in schools. In the absence of a clear legislative framework mandating SGBs to promote the “best interests of the child” in schools, the research will analyse the nature and scope of the “best interests of the child” principle as contained in international treaties, the Constitution, legislation and case law in order to assess whether an obligation rests on SGBs to promote the “best interests of the child” in schools.
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    Standard and non-standard workers: A critical analysis of the regulation of temporary employment services in South Africa
    (2022-07-15) Madala, Zwivhuya; Letuka, P. P.; Nwafor, A. O.; 344.0168
    This study focuses on South Africa’s regulation of temporary employment services. Over the years, the regulation of temporary employment services has proven problematic, particularly with regards to the provision of employment security and the realisation of decent work. Having noted the afore-mentioned predicament, the legislature amended section 198 of the Labour Relations Act1 to incorporate section 198A, for the purposes of providing additional protection to vulnerable employees in a temporary employment service. Thus, this study sought to determine whether the amendments to the 1995 LRA, particularly section 198A, provide adequate protection to the vulnerable employees employed by temporary employment services. Therefore, the researcher examined whether the “sole employment” interpretation of section 198A(3)(b) of the 2014 LRAA upheld by the Constitutional Court in the Assign Services(Pty) Ltd v National Union of Metalworkers of South Africa & Others2 case assisted in enhancing the legal protection of vulnerable employees employed in a temporary employment services. This discussion highlights the practical difficulties of integrating the Assign Services case judgement with current provisions of the 1995 LRA. It further indicates that the judgement provided more questions than the certainty it was sought for, which in turn, undermines the legislature’s intention of providing vulnerable workers with greater protection. This study adopted a doctrinal methodology. LL