Research Articles - Dullah Omar Institute
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Browsing by Author "Chigwata, Tinashe"
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Item ANC proposals on local government(Community Law Centre, University of the Western Cape, 2012) de Visser, Jaap; Chigwata, TinasheIn the run up to the ANC Policy Conference in Mangaung, the party's Legislature and Governance Working Group has produced a policy discussion document that pays considerable attention to provincial and local government.Item Land-use zoning schemes: Do they apply to land for which a mining right has been granted?(Local Government Bulletin, 2012-06) Chigwata, TinasheLand-use zoning schemes, which are part of municipal planning, cannot be superseded by administrative decisions made by the national government. In fact, the national government or beneficiaries of administrative decisions made by the national government may not implement decisions decisions that conflict with the land-use zoning scheme without first seeking a use of departure or applying for rezoning from the municipality concerned. The granting of a mining right or licence, for example, does not mean that mining operations may automatically take place, regardless of whether or not land-use zoning scheme allows mining on that land.Item Riot damage - who pays?(Local Government Bulletin, 2011-11) Chigwata, TinasheProtest actions has become part of South Africa's political landscape. The extent to which it is increasingly marked by violence is cause of alarm. Assemblies, pickets, marches and demonstrations are essential features of a democratic society. However, unlawful behaviour when exercising political rights set out in section 17 of the Constitution not only causes damage to public and private property, but also infringes the rights of others. To combat this behaviour, the Regulation of Gatherings Act 205 of 1993 was passed, which criminalises unlawful actions when exercising political rights. The recent judgment of the Supreme Court of Appeal provides valuable lessons to labour organisations, protest organisers and municipalities on their role in the context of protest action. This article seeks to analyse the court's judgment.