Shanelle van der Berg

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The South African Public Protector’s Remedial Powers: A Need for Clarity

The South African Public Protector’s Remedial Powers: A Need for Clarity

The South African Public Protector is a critically important constitutional institution. The Public Protector is tasked, along with other Chapter Nine institutions, with strengthening constitutional democracy in South Africa. Indeed, ...
Marikana Funding Decision – A Victory for Justice, Fairness and Equality

Marikana Funding Decision – A Victory for Justice, Fairness and Equality

In the wake of the Marikana tragedy, during which 40 striking mineworkers were shot and killed by the South African Police Service (“SAPS”), the Commission of Inquiry subsequently established by the President has been marred with ...
Engendering Social Welfare Rights

Engendering Social Welfare Rights

Recipients of social welfare must routinely face the fact that many in society regard them as “scroungers” who are undeserving of the support they receive. Welfare recipients are thus compelled to live with the stigma attached to the ...
Conceptualising Meaningful Engagement in South Africa: Eviction Cases’ Exclusive Gem?

Conceptualising Meaningful Engagement in South Africa: Eviction Cases’ Exclusive Gem?

The recent judgment of the South African Constitutional Court in Schubart Park Residents Associationhas again demonstrated the flexible nature of meaningful engagement. ’Meaningful engagement‘ requires government to engage ...