FORUM CONTRIBUTION: The plight of domestic workers: The elusiveness of access to adequate housing
South Africa’s transformative Constitution calls for a holistic approach to realising the right to human dignity. To marginalised groups, such as domestic workers, this right is not confined to achieving better wages and working conditions; it touches every aspect of their lives. Central to this endeavour is the quest for adequate housing. This article discusses the experience of a housing cooperative consisting predominantly of domestic workers in campaigning for adequate housing, especially at local government level, as part of the struggle to achieve a secure and dignified existence. While identifying formidable obstacles, it also shows the interconnectedness of the various challenges and the need for a integrated approach in addressing them.Download full text.
FORUM CONTRIBUTION: Get rights right in the interests of security of tenure
Review of Land, Power & Custom: Controversies Generated by South Africa’s Communal Land Rights Act, edited by Aninka Claassens & Ben Cousins; xv and pp 392 with accompanying DVD. Legal Resources Centre & UCT Press, Cape Town, 2008 Ann Pope gives a detailed overview of a book on a topic that has assumed critical importance in South Africa and, at the same time, analyses and comments on difficulties and dilemmas that have been encountered in securing indigenous land rights.The book was collated following the enactment of the Communal Land Rights Act 11 of 2004 and the Traditional Leadership and Governance Framework Act 41 of 2003, in preparation for a challenge to the constitutionality of the former Act by alleging that it “undermines the rights of rural people to make them less secure than before”. Judgment in Tongoane and Others v National Minister for Agriculture and Land Affairs and Others (11678/2006)  ZAGPPHC 127 (30 October 2009) has since been delivered, its findings being mostly in favour of the applicants. An analysis of the judgment is followed by further reflection on a number of issues. The discussion shows that, while the applicants in Tongoane can rightly claim victory for succeeding in having several provisions of the CLRA declared unconstitutional, important questions remain unanswered. The author suggests that the implications of such omissions will need careful and thoughtful treatment by the Constitutional Court during the confirmation hearing at the beginning of March 2010. At the time of publication the judgment in this hearing was not yet available.Download full text.
FORUM CONTRIBUTION: Communications before the African Commission on Human and Peoples' Rights 1988-2002
This article gives an overview of the work of the African Commission on Human and Peoples' Rights with regard to individual communications from its first decision in 1988 until the end of 2002. The African Commission on Human and Peoples' Rights was established in 1987 after the entry into force of the African Charter on Human and Peoples' Rights in 1986.The Commission received its first individual complaint in 1987 but did not take a decision on it until October 1988. By the end of 2002 the Commission had taken around 100 decisions on communications submitted to it under the individual communlcations procedureDownload full text.
FORUM CONTRIBUTION: Fair trial rights, freedom of the press, the principle of “open justice” and the power of the Supreme Court of Appeal to regulate its own process
In this case study Wium de Villiers discusses the Constitutional Court’s endorsement of the SCA decision in SABC Ltd v National DPP and Others, to the effect that it would only allow Shabir Shaik’s application for leave to appeal to be broadcast if it was satisfied that it would not inhibit justice.Professor de Villiers argues that section 12 of the Constitution should be recognised as a generic residual due process right, analogous to that of section 7 of the Canadian Charter of Rights and Freedoms, which would lead to a substantial reduction in the inconsistencies in the Constitutional Court’s jurisprudence revealed by that decision.Download full text.
FORUM CONTRIBUTION: Dismissals for operational requirements
Tapiwa Gandidze discusses dismissals for operational requirements in terms of the LRA with reference to the code of good practice on dismissals for operational requirements.The author also analyses the 2002 amendments to the LRA which allow workers either to strike about the reason for dismissals or refer such a dispute to the Labour Court. The author concludes by providing a detailed discussion of the legal requirements that employers need to comply with in order to ensure that dismissal is procedurally and substantively fair.Download full text.
FORUM CONTRIBUTION: A summary of some cases on HIV/AIDS
Sam Rugege provides concise commentary on two important recent judgments involving discrimination on the basis of H!V/AIDS. The first is a decision by the South African Constitutional Court in Hoffmann v South AJrican Airways  I I BCLR 121 1 (CC) based on the constitutional equality clause.This case raised important issues relating to the extent to which employers can justify discrimination on the basis of the requirements of a job or the perceived prejudices of the public. In addition. novel questions arose in relation to the appropriate remedy for unfair discrimination in cases where an employer has refused to employ applicants on the basis of their HIV status. The second case is a decision of the Namibian Labour Court in N v Minister of DeJence (2000) 21 ILJ 999 (NmLC). The applicant in this case was refused employment in the Defence Force because he tested HIV positive. The court found that this constituted unfair discrimination as envisaged by the Namibian Labour Act of 1992 and ordered the applicantÆs enlistment subject to a medical test.Download full text.
FORUM CONTRIBUTION: A summary of some recent cases of interest to the African continent
Sam Rugege discusses a few recent cases dealing with issues of African continental interest. These include the right of defence force members to join trade unions and to participate in protest action (South Africa); the right of the press to freedom of expression and the duty to inform the public on matters of public interest (Zimbabwe); the right of prisoners to vote in national elections (South Africa); the right of a citizen spouse to have her foreign spouse live permanently with her in her home country (Zimbabwe); the power of the National Assembly to suspend a member of the assembly and the right of a member to freedom of expression (South Africa); and succession rights in African kingdoms in the era of republican democracy (Uganda).Download full text.
Choices for a Sustainable Social Health Care
The Department of Health gave South Africans an opportunity until 21 September 2018 to comment on the National Health Insurance Bill. The heated debate on the creation of the National Health Insurance scheme (NHI) has focused on the affordability of the proposed scheme, the capacity of the state to deliver on the promised universal health care, and the future role of medical schemes. However, many other questions should be asked when deciding on the most appropriate form of national health care. Danny Pieters' contribution, 'Choices for a Sustainable Social Health Care', written from the perspective of a European expert in social health care, highlights the 12 most important questions that should be asked in this context. Brief biography: Prof Danny Pieters teaches social security law and comparative law at the Catholic University of Leuven (KU Leuven); holds a Phd in Law at the KU Leuven (1985); was a Member of the Belgian federal Parliament (1999-2003 Lower House; 2010-2013 Senate) and President of the Senate (2010-2011); has been Honorary President of the Senate of the Kingdom of Belgium since 2014; and was Vice Rector of KU Leuven (2013-2017). Download full text