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Browsing Articles by Subject "Constitutions"

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    The environmental rights entrenched in the constitutions: a critique
    (2015) Choma, Hlako
    Although environmental law is a relatively a new field of scholarship in South Africa, it is growing rapidly. The right to access to social security including environmental rights is found in the South African Bill of Rights, is being amplified by legislative and constitutional reforms, and developing case law in the courts. There is therefore a clear need to increase the understanding f the discipline through systematic research and teaching at various levels1. The notion of including an “environmental right” in a domestic constitution is not novel in Africa. Most African countries have incorporated a constitutional provision that ensures the right to a healthy environment. Most of the problems that exists with environmental rights under the international and regional systems are absent under the domestic South African system. The way in which environmental rights have been formulated in international instruments, section 24 of the South African Constitution has been framed as an individual right and not as a collective one. Environmental degration often affects groups of people and it could consequently argued that the right should protect groups and not just individuals2. 1
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    Head of Department et al and Hoerskool Ermelo et al Judgement: A critique
    (2011) Choma, Hlako Jacob
    It is common cause that the Government has committed itself to quality education since its inception, it is also noted that many children are still suffering the effects of apartheid. In the areas where black people lived, there were very few schools. Apartheid laws and policies ensured that black people were either denied education or received poor quality education. The previously white schools still have more resources and are able to provide a better quality education. Most of these schools are a long distance away from where black children live and are not accessible to black children Section 29 (1) (a) of the Constitution provides that everyone has the right to basic education, it includes disadvantage groups, such as women, persons living with disabilities, refugees and children, “hence transformation is encouraged.”