Shows
Lisa DragaLerato judgmentThe dangers of religious intolerance within schools.2021-06-1002 minLisa DragaPillay judgmentReasonable accommodation of religious beliefs within the schooling environment.2021-06-1007 minLisa DragaAntonie case: learner and dreadlocksDreadlocks and freedom of expression within schooling2021-06-1003 minLisa DragaPOPCRU dreadlocks judgmentCorrectional services officers, dress codes and the work place2021-06-1004 minLisa DragaNational guidelines on school uniformsAccommodating religious and cultural diversity in school dress.2021-06-1002 minLisa DragaNational Guidelines on School UniformsExpressing yourself through dress, what says section 29(3) of the Guidelines.2021-06-1002 minLisa DragaNational Guidelines for school codes of conductFreedom of expression and the national guidelines for school codes of conduct2021-06-0805 minLisa DragaSCHOOL CODES OF CONDUCTWhat is a school code of conduct and what purposes does it serve2021-06-0803 minLisa DragaThe Rivonia judgmentExploring the Rivonia case2021-05-2805 minLisa DragaWelkomExploring the Welkom decision2021-05-2806 minLisa DragaErmeloThe Ermelo judgment2021-05-2808 minLisa DragaBackground to the Schools Act and the three partnersHow and why our education system is a dual one2021-05-2811 minLisa DragaSchool nutrition as part of the right to basic educationDoes receiving school meal under school feeding scheme whether at school or when learners are away from school form a component of the right to basic education2021-05-2102 minLisa DragaSchool infrastructureThe minimum norms and standards for school infrastructure requires government to ensure all schools have access to certain physical resources.2021-05-2103 minLisa DragaScholar transportScholar transport forms a component of the right to basic education2021-05-2102 minLisa DragaThe right to basic education desks and chairsDesks and chairs as a component of the right to basic education2021-05-2010 minLisa DragaBasic resources textbooksTextbooks as a component of the right to basic education.2021-05-2009 minLisa DragaImmediately realisableWhat does it mean that the right to basic education is immediately realisable2021-05-2006 minLisa DragaPositive and negative duties flowing from the right to a basic educationSection 29(1)(a) places both a positive and negative duty on the state to realise the right to a basic education2021-05-2003 minLisa DragaEveryone has the right to basic educationEveryone includes, for instance, refugees and asylum seekers2021-05-2001 minLisa DragaPurposes of the right to basic educationWhat are the purposes of the right to basic education?2021-05-2005 minLisa DragaThe history and right to basic education in South AfricaBantu education and its continued legacy2021-05-2007 minLisa DragaThe text of the right to basic educationStarting point: what does section 29(1)(a) state?2021-05-2004 minLisa DragaLess restrictive means to achieve the purposeAre there less restrictive means to achieve the limitation?2021-04-2201 minLisa DragaRelationship between limitation and its purposeIs the limitation reasonably capable of achieving its purpose?2021-04-2201 minLisa DragaNature and extent of limitationHow severe is the limitation of the right2021-04-2201 minLisa DragaImportance of the purpose of the limitationHow important is the reason for the limitation?2021-04-2202 minLisa DragaNature of the rightHow important is the right?2021-04-2202 minLisa DragaSection 36 analysisBurden of proof, special onus and law of general application2021-04-2204 minLisa DragaMlungwana- less restrictive meansAre there less restrictive means to achieve the objectives of the challenged provision?2021-04-1401 minLisa DragaMlungwana- rational relationshipIs there a rational relationship between the challenged provision and the purpose it is designed to serve2021-04-1401 minLisa DragaMlungwana - nature and extent of the limitationThe court examined how severe the limitation impacted those affected and how badly it limited the right2021-04-1403 minLisa DragaMlungwana - importance of the purposeNext the court looks at how important the purpose of the limitation is2021-04-1403 minLisa DragaMlungwana - nature of the rightThe court starts its limitation analysis by looking at the nature of the right.2021-04-1407 minLisa DragaMlungwana - was S17 violated?The court had a look at the content and scope of S17 and the meaning and effecf of the challenged provision to determine if S17 had been violated.2021-04-1407 minLisa DragaMlungwana: Background, issues and arguments15 members of the Social Justice Coalition chained themselves to the city of Cape Town entrance stair railings. This is what happened next.2021-04-1311 minLisa DragaProtest- more suitable timesCan government repress protests on the basis that the timing of the protest is unsuitable and it should occur at a more suitable time.2021-04-0702 minLisa DragaSecurity and OrderGovernments often try to regulate and suppress speech on the basis of 'security and order' and 'threats to the state'2021-04-0701 minLisa DragaContent neutrality on the basis of whereSpeech used in certain spaces for purposes of protesting can be forbidden on the basis of where that protest is to take place2021-04-0701 minLisa DragaSection 16 of the Constitution: prohibited speechThe Constitution itself lists types of speech that we cannot use when protesting.2021-04-0703 minLisa DragaContent neutrality: political endsContent neutrality on the basis of consequences flowing from your speech.2021-04-0701 minLisa DragaContent neutralitySometimes the speech itself can be prohibited and thus a limitation on freedom of assembly2021-04-0702 minLisa DragaPeacefully and unarmedWhat is meant by peaceful and unarmed under section 17 of the Constitutiom2021-04-0606 minLisa DragaGenerous interpretationWhat is meant by generous interpretation?2021-04-0605 minLisa DragaPurposes of the right to protestWhat purposes does the right to protest serve? Why is the right so important?2021-04-0611 minLisa DragaThe history of the right to freedom of assemblyOurs is a never again society says the Constitutional Court. How so in the context of the right to freedom of assembly.2021-04-0605 minLisa DragaAbstract reviewDisgruntled members of the National Assembly can still challenge a Bill once it becomes law provided certain circumstances are met.2021-03-2901 minLisa DragaPresidential referralsWhat happens when President refuses to sign a Bill into law2021-03-2904 minLisa DragaOrdinary Bills Affecting the provincesOrdinary Bills Affecting the provinces2021-03-2907 minLisa DragaOrdinary Bills Not Affecting the ProvincesHow do these Bills make their way through Parliament and how do they become law?2021-03-2904 minLisa DragaAmending the ConstitutionWhat are the different quorum for amending the different sections of the Constitution2021-03-2906 minLisa DragaThe Tagging of BillsHow, why and who tags Bills in parliament2021-03-2903 minLisa DragaNational and Provincial legislatures authority to make lawUnderstanding the concurrent (Schedule 4) and exclusive competencies of the legislatures2021-03-2905 minLisa DragaInitiating of BillsWho has the power to initiate Bills on the floor of the national assembly? What about money bills?2021-03-2912 minLisa DragaNCOPAppointments to the NCOP, how many, how so2021-03-2805 minLisa DragaA look at the IECConsiders the IEC, its functions and some of the case law concerning it2021-03-2805 minLisa DragaDisadvantages of proportional representationThe system of proportional representation also has some disadvantages. A few of these are discussed here.2021-03-2804 minLisa DragaProportional representation- advantagesWhat are the advantages associated with the proportional representation system?2021-03-2804 minLisa DragaThe voting processYour vote counts but how does the process work?2021-03-2810 minLisa DragaA system of party governanceSouth African legislature runs on a system of party governance. How so? What does strict party discipline mean?2021-03-2807 minLisa DragaThe Democratic Link & the New nation movementWhat is meant by the democratic link and how has the New Nation Movement case changed the game?2021-03-2803 minLisa DragaBicameral ParliamentParliament is made up of two houses, who? Why? Which is more powerful2021-03-2710 minLisa DragaThe preamble of the ConstitutionAs South Africans we recognise the injustices of our past... The preamble assists in interpretating fundamental rights, how so2021-03-2704 minLisa DragaSection 39(1)(b) and (c) of the ConstitutionConsidering international law and foreign law.2021-03-2705 minLisa DragaSection 39(1)(a)Applying section 39(1)(a) in practice2021-03-2703 minLisa DragaDrafting history and harmonization of the textCan information generated at the drafting of the Constitution process be used to interpret fundamental rights, interpretation requires an holistic textual interpretation2021-03-2703 minLisa DragaPurposive, generous and historical contextFundamental rights must be interpreted in a purposive way, as generously as possible and within its historical context.2021-03-2608 minLisa DragaInterpreting rights in Bill of Rights, negative and positive obligations and the textThe state has a duty not to interfere with your rights. It also has a duty under to protect your rights. The starting point for interpretation is the text.2021-03-2607 minLisa DragaActivist and overly activist judgesThe Constitution places an obligation on judges to interpret the law in line with the values of the Constitution. Some judges do and some don't.2021-03-2605 minLisa DragaSection 8(2) - horizontal applicationIn certain instances private and juristic persons our bound to uphold the Bill of Rights.2021-03-2602 minLisa DragaSection 9(2): Affirmative actionSection 9(2) is the most famous, the most controversial of provisions in the Comstitution. It is popularly referred to as the affirmative action provision.2021-03-2601 minLisa DragaSection 59(1)(a) participation in the law making processThe transformative nature of the Constitution can be seen in the provisions which allow for public governance.2021-03-2602 minLisa DragaSection 6(2) - indigenous languagesUnder apartheid indigenous languages were devalued. The state now has an obligation to take steps to advance these languages2021-03-2601 minLisa DragaHistorical context of transformative constitutionThe Constitution itself lays in a historical context of transformation. We learn a bit more about this2021-03-2503 minLisa DragaTransformative constitutionalism: Law as a tool for social changeKarl Klaaren describes how law can be used as a tool for large scale social change to help transform society.2021-03-2503 minLisa DragaTransformative constitutionalism: the bridge, or not the bridgeSome academics use the analogy of a bridge to explain transformative constitutionalism, others reject this and interpret it as a society in constant change. Make up your own mind.2021-03-2503 minLisa DragaAppropriate relief & reading in conformityWhat is appropriate relief, what would it look like and what is meant by reading in conformity.2021-03-2303 minLisa DragaSection 38 - legal standingWho can come to court claiming that their rights in the Bill of Rights have been violated?2021-03-2304 minLisa DragaThe non retrospectivity ruleWhat is meant by the non retrospectivity rule2021-03-2301 minLisa DragaThe principle of subsidiarityUnderstanding the principle of subsidiarity2021-03-2301 minLisa DragaThe principle of constitutional avoidanceWhat is the meaning of the term "constitutional avoidance"2021-03-2302 minLisa DragaIndirect application of the Bill of RightsThe inner workings of section 39(2)2021-03-1902 minLisa DragaWhat is direct application of the Bill of RightsMaking sense of the direct application of the Bill of Rights, vertical direct, horizontal direct2021-03-1904 minLisa DragaWho can claim the rights in the Bill of Rights: part 2Are juristic persons entitled to rights in the Bill of Rights?2021-03-1905 minLisa DragaWho can claims rights in the Bill of rights?Sometimes everyone is protected by the Bill of Rights but sometimes the Bill restricts its beneficiaries to certain individual's. . .2021-03-1904 minLisa DragaFailure to facilitate public involvement in law making & requirements for legal standingThe Constitutional Court has set very narrow grounds of legal standing to challenge a law on the basis of public involvement. Here we explore what these legal grounds of standing are and why they have been set so narrowly2020-05-0304 minLisa DragaA failure to facilitate public involvement in law making & legal remediesThis segment explores the consequences that flow from a law being declared invalid and unconstitutional for failure to facilitate public involvement2020-05-0302 minLisa DragaLawfulness of delegation of duty by NCOP to the PL's to conduct public hearings in provincesThis segment explores when and why the National Council of provinces can delegate their responsibility to conduct public hearings in the provinces to the provincial legislatures.2020-05-0307 minLisa DragaPublic Participation: An opportunity to be heard & have your views considered.Holding public hearings or calling for submissions on the bill is not a "tick the box exercise" . Nor, does it mean that the public should have a final say in what laws are ultimately produced. We discuss these issues here2020-05-0302 minLisa DragaReasonableness enquiry: The quality of public hearingsThe quality of the public hearings on a particular Bill is a relevant factor, where applicable, for applying the reasonableness standard. Here we explore how so.2020-05-0301 minLisa DragaReasonableness enquiry: Adequate NoticeParliament and provincial legislatures are required provide the public with adequate notice of opportunities to participate. Here we discuss the meaning of adequate notice2020-05-0302 minLisa DragaReasonableness enquiry: Practicalities - Time & costsWhat is reasonable in terms of facilitating public involvement may turn on what is practical. This segment explores what this means.2020-05-0304 minLisa DragaReasonableness Enquiry: Deference to ParliamentThe Constitutional Court has said that in determining whether parliament or provincial legislatures have acted reasonably, much importance will be placed on what Parliament itself thought was best. In this episode we explore why this is so.2020-05-0303 minLisa DragaReasonableness enquiry: Whether public were promised a chance to participateIn determining reasonableness the court will consider relevant whether the legislature made promises to the public that they would be given opportunities to be involved. Here we explain how so.2020-05-0302 minLisa DragaReasonableness enquiry: where the public has expressed an interest to participateHere we explain why the level of public interest in participating in the making of a law is relevant to the reasonableness enquiry.2020-05-0302 minLisa DragaReasonableness enquiry - the nature of the group most affectedThe peculiarities of the group most affected by the Bill and the degree to which they are to be affected may require the legislature to do more to involve this group. We explore how this factor is relevant to the reasonableness enquiry here.2020-05-0304 minLisa DragaThe Reasonableness enquiry: Nature & Importance of the LegislationThe Constitutional Court has explained that whether parliament has acted reasonably will depend on factors such as the nature and importance of legislature & the intensity of its impact. Here we explore the meaning of this factor2020-05-0304 minLisa DragaThe dual aspects of the duty to facilitate public involvementIn Doctor's for Life the Constitutional Court explains that the duty to facilitate public participation imposes two requirements on Parliament. Here we explore these requirements.2020-05-0306 minLisa DragaThe importance of public participation in law makingWhy would the drafters of South Africa's Constitution have obliged the legislature to involve the public in law making?2020-05-0304 minLisa DragaUnderstanding South Africa's mutually supportive democracySA's democracy has both representative and participatory elements. These elements work together to strengthen democratic governance.2020-05-0203 min