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Volume 10 (1) - 2006

  • Editorial 2006 (1) by The Editors
    The artlclcs In thl~ Issue 0 f L.aw, Democrmy and Development deal wi th a
    diverse range or LOplCS. most or whIch tie in with some of the [hemes
    covered in de[ail in previous volumcs of [hIS journal. such as Ictbour lct\v.
    the prisons system and reconClllelllon
    The articles in this issue of Law, Democracy and Development deal with a diverse range of topics, most of which tie in with some of the themes covered in detail in previous volumes of this journal, such as labour law, the prisons system and reconciliation.
  • Challenges to effective prison governance in South Africa 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.

  • The exclusion of contractors from government contract awards by Bolton, Phoebe

    Phoebe Bolton critically analyses South African legislation dealing with the exclusion of contractors from government contract awards because of non-payment of taxes, unsatisfactory contractual performance under a previous contract or fraud or corruption. The author finds that the legislation in general succeeds in giving effect to the principles of fairness, competitiveness and cost-effectiveness which are prescribed for government procurement in section 217 of the Constitution.

  • Sexual harassment in the workplace: A matter of more questions than answers, or do we simply know less the more we find out? by Le Roux, Rochelle

    The article analyses two recent judgments dealing with the issue of sexual harassment in the workplace. In these cases (heard in the Cape HIgh Court and the Supreme Court of Appeal) a woman successfully sued her employer for not taking adequate action to prevent sexual harassment from taking place.

  • Promoting human rights and achieving reconciliation at the international level (part 1) by Sarkin, Jeremy and Giulia Dal Co

    Jeremy Sarkin and Giulia Dal Co seek to develop, mainly through historical and international analysis, a model of reconciliation and peace and security between states. This analysis adds to the international discourse on transitional justice that has gained momentum in recent years through the creation of institutions (international and domestic) aimed at establishing individual criminal liability for human rights violations and reconciliation through truth commissions.

  • FORUM CONTRIBUTION: Communications before the African Commission on Human and Peoples' Rights 1988-2002 by Killander, Magnus

    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.