Mutsi Mleya - Academia.edu (original) (raw)
Papers by Mutsi Mleya
This study analyses various statutes and policies on water and sanitation service delivery in Mah... more This study analyses various statutes and policies on water and sanitation service delivery in Mahikeng. The water and sanitation services delivery system of the Mahikeng Local Municipality is problematic because of the absence of a formal policy that outlines the duties of the municipality as a water service provider. Through a thematic approach, the study concludes that Mahikeng Local Municipality officials are complacent and at times do not exercise their discretion to avoid foreseeable harm in water and sanitation service provision. Accountability and responsiveness manifest themselves through encouraging community participation for collaboration with the Mahikeng community in decision-making. Community participation is not a guarantee to adequate sanitation and water service delivery but an ideal arrangement is envisaged when an experienced private company takes over some of the functions of the Mahikeng Local Municipality through a contract with specific terms of reference that are subject to review after engaging stakeholders in the fashion that Johannesburg has resorted to in order to provide improved water quality.
Southern African Public Law, Aug 14, 2023
Customs that enforce heteronormativity, generally also safeguard the interests of society's vulne... more Customs that enforce heteronormativity, generally also safeguard the interests of society's vulnerable, for instance orphans and widows, to name two examples. The recognition that non-heterosexual people is a minority group with legitimate concerns is important, as they could contribute to family support while maintaining their identity and mental well-being. Non-heterosexual individuals' interests are protected in the current Constitution; however, their protection must transform social support structures beyond written laws. Social structures tend to accept change at a slower pace than progressive laws. In South Africa the gender-normative and heteronormative are generally being overridden by a 'don't ask, don't tell' code, where sexual minorities are gradually gaining acceptance in a dominantly heteronormative society. In this article, the authors argue against the customs of spousal inheritance and ukuthwala, which, among others, are being imposed on non-heterosexual people, because they suggest a person's sexuality belongs to a clan. These cultural practices may serve a purpose in society but could be interpreted to support constitutional values. For instance, traditional healers as custodians of culture have documented instances of being gender-fluid, when a female could be possessed by a male spirit, thus requiring a female sexual partner. Indigenous culture as it is known, has been tainted by capitalism, patriarchy, foreign religion, and the absolute opinions of a few elders. Which begs the question whether heteronormativity truly is a South African construct.
Obiter
Vaccine mandates and vaccine denialism appear to be in stark opposition, but closer analysis will... more Vaccine mandates and vaccine denialism appear to be in stark opposition, but closer analysis will reveal that those who propagate both such ideals are rigid. Public buy-in on matters of public health is an important precondition for healthy social environments inasmuch as informed consent is important to individual autonomy, freedom of conscience and democracy. Botswanan case law provides an example of how vaccine denialism can lead to fatal consequences in the face of religious extremism, while Belgian case law provides an example of how vaccine mandates and their accompanying modalities may be held to be unlawful and discriminatory. Both freedom of conscience and administrative action are subject to the rule of law and every norm that is imposed on the population must be accompanied by liability for those propagating such norms if harm is the result. As South Africa has grappled with whether or not it should make vaccination mandatory, lessons have been noted and recommendations m...
This study analyses various statutes and policies on water and sanitation service delivery in Mah... more This study analyses various statutes and policies on water and sanitation service delivery in Mahikeng. The water and sanitation services delivery system of the Mahikeng Local Municipality is problematic because of the absence of a formal policy that outlines the duties of the municipality as a water service provider. Through a thematic approach, the study concludes that Mahikeng Local Municipality officials are complacent and at times do not exercise their discretion to avoid foreseeable harm in water and sanitation service provision. Accountability and responsiveness manifest themselves through encouraging community participation for collaboration with the Mahikeng community in decision-making. Community participation is not a guarantee to adequate sanitation and water service delivery but an ideal arrangement is envisaged when an experienced private company takes over some of the functions of the Mahikeng Local Municipality through a contract with specific terms of reference that are subject to review after engaging stakeholders in the fashion that Johannesburg has resorted to in order to provide improved water quality.
This study analyses various statutes and policies on water and sanitation service delivery in Mah... more This study analyses various statutes and policies on water and sanitation service delivery in Mahikeng. The water and sanitation services delivery system of the Mahikeng Local Municipality is problematic because of the absence of a formal policy that outlines the duties of the municipality as a water service provider. Through a thematic approach, the study concludes that Mahikeng Local Municipality officials are complacent and at times do not exercise their discretion to avoid foreseeable harm in water and sanitation service provision. Accountability and responsiveness manifest themselves through encouraging community participation for collaboration with the Mahikeng community in decision-making. Community participation is not a guarantee to adequate sanitation and water service delivery but an ideal arrangement is envisaged when an experienced private company takes over some of the functions of the Mahikeng Local Municipality through a contract with specific terms of reference that are subject to review after engaging stakeholders in the fashion that Johannesburg has resorted to in order to provide improved water quality.
Southern African Public Law, Aug 14, 2023
Customs that enforce heteronormativity, generally also safeguard the interests of society's vulne... more Customs that enforce heteronormativity, generally also safeguard the interests of society's vulnerable, for instance orphans and widows, to name two examples. The recognition that non-heterosexual people is a minority group with legitimate concerns is important, as they could contribute to family support while maintaining their identity and mental well-being. Non-heterosexual individuals' interests are protected in the current Constitution; however, their protection must transform social support structures beyond written laws. Social structures tend to accept change at a slower pace than progressive laws. In South Africa the gender-normative and heteronormative are generally being overridden by a 'don't ask, don't tell' code, where sexual minorities are gradually gaining acceptance in a dominantly heteronormative society. In this article, the authors argue against the customs of spousal inheritance and ukuthwala, which, among others, are being imposed on non-heterosexual people, because they suggest a person's sexuality belongs to a clan. These cultural practices may serve a purpose in society but could be interpreted to support constitutional values. For instance, traditional healers as custodians of culture have documented instances of being gender-fluid, when a female could be possessed by a male spirit, thus requiring a female sexual partner. Indigenous culture as it is known, has been tainted by capitalism, patriarchy, foreign religion, and the absolute opinions of a few elders. Which begs the question whether heteronormativity truly is a South African construct.
Obiter
Vaccine mandates and vaccine denialism appear to be in stark opposition, but closer analysis will... more Vaccine mandates and vaccine denialism appear to be in stark opposition, but closer analysis will reveal that those who propagate both such ideals are rigid. Public buy-in on matters of public health is an important precondition for healthy social environments inasmuch as informed consent is important to individual autonomy, freedom of conscience and democracy. Botswanan case law provides an example of how vaccine denialism can lead to fatal consequences in the face of religious extremism, while Belgian case law provides an example of how vaccine mandates and their accompanying modalities may be held to be unlawful and discriminatory. Both freedom of conscience and administrative action are subject to the rule of law and every norm that is imposed on the population must be accompanied by liability for those propagating such norms if harm is the result. As South Africa has grappled with whether or not it should make vaccination mandatory, lessons have been noted and recommendations m...
This study analyses various statutes and policies on water and sanitation service delivery in Mah... more This study analyses various statutes and policies on water and sanitation service delivery in Mahikeng. The water and sanitation services delivery system of the Mahikeng Local Municipality is problematic because of the absence of a formal policy that outlines the duties of the municipality as a water service provider. Through a thematic approach, the study concludes that Mahikeng Local Municipality officials are complacent and at times do not exercise their discretion to avoid foreseeable harm in water and sanitation service provision. Accountability and responsiveness manifest themselves through encouraging community participation for collaboration with the Mahikeng community in decision-making. Community participation is not a guarantee to adequate sanitation and water service delivery but an ideal arrangement is envisaged when an experienced private company takes over some of the functions of the Mahikeng Local Municipality through a contract with specific terms of reference that are subject to review after engaging stakeholders in the fashion that Johannesburg has resorted to in order to provide improved water quality.