The Constitutional Court of South Africa

Rautenbach, Christa; Plessis, Lourens M. du

doi:10.1017/9781316084281.017

Cited by 4 publications

(2 citation statements)

References 3 publications

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“…Policy proposals are often not available on popular media, but on departmental websites or in the Government Gazette, which is a technical publication that requires internet access. Another possible factor is that organs of state are not obliged to conduct communications in more than one language, despite South Africa recognizing 11 official languages and mandating the use of at least three for certain governmental activities ( Rautenbach, 2018 ). The initial policy proposal by the Treasury was published in English and used technical language.…”

Section: Resultsmentioning

confidence: 99%

The passage and implementation of a Health Promotion Levy in South Africa as a case study of fair financing procedures

Kruger,

Goldstein,

Hofman

2023

Health Policy and Planning

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Procedural fairness is an accepted requirement for health decision-making. Fair procedures promote the acceptability and quality of health decisions while simultaneously advancing broader goals of participatory democracy. We conducted a case study of the Sugary Beverage Tax in South Africa known as the Health Promotion Levy (HPL), which was legislated in 2018. The case study examines the process around the adoption of the HPL from the perspective of procedural fairness with the view of identifying local gaps and lessons transferable to other local decision-making processes and other jurisdictions. We conducted a desk review of publically available data relating to the passage and implementation of the HPL, including a review of the policy documents, public submissions during the public participation process, response documents from policymakers, review of national legislative committee minutes, legal instruments and academic literature capturing public awareness, stakeholder views and media content. The data collection is novel in terms of the large scope of data considered, as well as the variety of sources. An analytical framework consisting of key criteria for procedural fairness, informed by a scoping review of the literature, guided the analysis of the decision-making process in South Africa. The process of the adoption and passage of the HPL met the majority of the procedural fairness criteria. However, a shortcoming, which impacted several criteria, was the failure to actively source the participation of community representatives and the larger public. Non-governmental organizations did not adequately fulfil this representative role. Industry interests were also disproportionately considered. The case study highlights the overall importance of viewing general members of the public as interested parties in health policies and the dangers of over-involving policy opponents under a mistaken understanding that this constitutes meaningful public engagement in decision-making procedures.

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Section: Resultsmentioning

confidence: 99%

The passage and implementation of a Health Promotion Levy in South Africa as a case study of fair financing procedures

Kruger,

Goldstein,

Hofman

2023

Health Policy and Planning

View full text Add to dashboard Cite

show abstract

“…In terms of section 34, the state has an obligation to provide working courts for the adjudication of disputes. 62 The section dictates that "[e]veryone has the right to have any dispute that can be resolved by the application of law decided in a fair public hearing before a court or, where appropriate, another independent and 62 Rautenbach and Venter Rautenbach-Malherbe Constitutional Law (2018) 450. The authors instruct that s 34 encompasses a right of equality in civil proceedings, a right of information concerning the opposition's case and the hearing, a right to be heard and to adduce evidence; a right of persons who are not parties to the proceedings not to be affected by adverse orders and a right for reasons for a court's decision; in support they rely impartial tribunal or forum".…”

Section: Access For All: the Courts As A Public Resourcementioning

confidence: 99%

The Impact of Covid-19 on the Future of Law

2022

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The chapters in this volume focus on the future of law and related disciplines: human rights and access to medical care, corruption and money laundering in state procurement, counterfeit medical products, IPR waiver on COVID-19 vaccines, emergency powers, freedom of expression, prison healthcare, the impact on labour law, access to courts and digital court processes, access to education and the impact on insurance law are but a few possible topics which are addressed.

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The Role of Legal-Professional Culture in Constitutional Interpretation

Roux

2021

SSRN Journal

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The Constitutional Court of South Africa

Cited by 4 publications

References 3 publications

The passage and implementation of a Health Promotion Levy in South Africa as a case study of fair financing procedures

The passage and implementation of a Health Promotion Levy in South Africa as a case study of fair financing procedures

The Impact of Covid-19 on the Future of Law

The Role of Legal-Professional Culture in Constitutional Interpretation

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