Law, Democracy & Development

Written by Nyman, Roseline,

Two significant pieces of legislation - the Basic Conditions of Employment Act and the Employment Equity Act - were enacted in 1997 and 1998. Their aim was, inter alia, to address discrimination and exploitation in the workplace.

Written by Malherbe, Kitty and Lorenzo Wakefield,

Written by Sloth-Nielsen, Julia and Benyam Mezmur,

Julia Sloth-Nielsen and Benyam Mezmur provide a detailed discussion of the decision of the Supreme Court of Appeal (SCA) in De Gree v Webb [2007] SCA 87 (RSA), in which they examine the fundamental principles applicable to the international transfer of children via the adoption process.

Written by Sloth-Nielsen, Julia,

This article analyses the legal framework surrounding male circumcision (infant and youth) in South Africa, having explained the requirements of international human rights law. Provincial legislation regulating traditional circumcision is detailed, followed by an explanation and analysis of the relevant provisions of the Children's Act 38 of 2005 and its accompanying Regulations.

Written by Benjamin, Paul,

The author critically examines section 197 of the LRA, a section that has been the subject of much debate. The author discusses the initial 'emasculation' of section 197 by way of judicial interpretation and the reasons for it.

Written by De Vos, Pierre,

Pierre de Vos maintains that, although the African Charter on Human and Peoples' Rights is much criticised for its vague and seemingly unenforcable provisions, it is a unique document that requires the development of a more nuanced and theoretically consistent understanding of the nature and scope of the human rights obligations contained in it. At the heart of the Charter is an endorsement of the interdependence and indivisibility of the various kinds of rights, which are traditionally classified into discrete groups and viewed as having their own character and enforcement potential.

Written by De Visser, Jaap,

Jaap de Visser examines the responsibilities of the three spheres of government with regard to implementing the right of access to housing and, in particular, the responsibility of local government. Local authorities are obliged, just as much as national and provincial government, to protect basic rights and advance their realisation.

Written by Jagwanth, Saras,

Saras Jagwanth reviews the functioning of the Office of the Inspecting Judge of Prisons as an instrument of oversight over corrections that is intended to improve the implementation of human rights in prisons. Of particular note is her discussion of the legislative mandate to investigate corruption in prisons accorded to the Judicial Inspectorate but which this office feels should be situated elsewhere.

Written by McDonald, Avril,

Avril McDonald deals with the possible right of victims to truth, justice and remedies in situations where violations of international humanitarian law constitute crimes under international law. She examines international law on genocide, crimes against humanity and the law on war crimes as well as customary international law.

Written by Webster, Eddie and Ian Macun,

Co-determination has to be a two-way process. How amenable will management be to democratised models of decision-making? Webster and Macun contextualise the question by examining the peculiar evolution of workplace representation in South Africa.

Written by De Vos, Pierre,

The most expensive item in any political party's election budget is access to the media, in particular the electronic media. This may lead to influence-peddling by monied interests.

Written by Richter, Marlise,

The article points to the importance of access to information to a properly functioning democratic society. That principle is reflected in section 32 of the Constitution and in the Promotion of Access to Information Act (PAIA).

Written by Richter, Marlise,

Discrimination on the basis of HIV/AIDS may take different forms. Marlise Richter provides a practice-based exposition of the nature of HIV/AIDS discrimination in South Africa.

Written by Moosa, Najma and Shaheena Karhanee,

Najrna Moosa and Shaheena Karbanee investigate a question of considerable importance to women in the Islamic community: the right of a divorced woman to maintenance after divorce. In South Africa, as elsewhere, most Muslim women are not employed outside the home and, with the power to pronounce divorce vested in men, may be left destitute if their husbands exercise this power.

Written by Pillay, Karrisha,

With regard to the enforcement of socio-economic rights, the monitoring role of the South African Human Rights Commission is termed "soft" enforcement. Karrisha Pillay explores the scope of this task by analysing the definition of a "relevant organ of state" that must report to the HRC.

Written by Ebobrah, Solomon T,

When the African Charter on Human and Peoples’ Rights was adopted in 1981, its founding fathers may have envisaged and hoped that the spirit and content of the Charter would seep down into municipal legal systems for the benefit of African citizens. However, it is doubtful if even the most visionary of African leaders or the most optimistic of human rights advocates ever foresaw the adoption of the African Charter by other African international organisations.  

Written by Letete, Puseletso,

This paper examines strategies which can be adopted for achieving regional integration through the harmonisation of value added tax (vat) laws in Southern Africa. The paper looks into the extent to which harmonisation of vat in SADC member countries can be used as one of the tools towards economic integration and development.

Written by Smit, Marius,

Marius Smit deals with bureaucracy and the role of school governing bodies. Following the establishment of a constitutional democracy South African society has been undergoing a fundamental transformation.

Written by Tapscott, Chris,

Chris Tapscott discusses the successes and failures of the prison system in South Africa by investigating the governance of a number of prisons around the country. The article starts by looking at the challenges faced by prisons across the world, such as overcrowding, understaffing, the character of the penal system and human rights.

Written by Singiza, Douglas Karekona & Jaap de Visser,