Volume 27
REFEREED ARTICLES
The right to privacy in the decriminalisation of psilocybin mushrooms in South Africa, pp 1-30 | ||
| Sebastian William Foster | ||
This article assesses the right to privacy as a ground for challenging the constitutionality of the criminalisation of psilocybin mushrooms. In doing so, it discusses the right to privacy as found in section 14 of the Constitution of the Republic of South Africa, 1996 (Constitution). Drawing on Constitutional Court case... |
Migration and climate change in Africa: A differentiated approach through legal frameworks on the free movement of people, pp 31-54 | ||
| Victor T Amadi and Molya ND Vundamina | ||
| The global consequences of rapid climate change cannot be overstated. In Africa, drought, flooding and environmental degradation are increasingly important drivers of migration, affecting already vulnerable and indigenous persons, together with factors such as conflict, poverty, and weak democratic governance. This article argues for alternative ways to protect vulnerable persons, ... |
The African Union’s quest for a “peaceful and secure Africa”: An assessment of Aspiration Four of Agenda 2063, pp 55-92 | ||
| Linda Mushoriwa | ||
| This article undertakes a comprehensive assessment of the African Union (AU)'s Agenda 2063 Aspiration 4: A peaceful and secure Africa and the progress made at continental level towards it. Aspiration 4 is informed by the AU’s acknowledgment that the scourge of conflict on the continent plays a significant role in... |
Beyond labels: Executive action and the duty to consult, pp 93-122 | ||
| Nurina Ally and Melanie J Murcott | ||
| Whether executive action attracts a duty to consult has been contested judicial terrain. In this article, we aim to contribute to the development of a principled approach to requiring consultation in executive decision-making. We grapple with the distinction between procedural fairness as a requirement of just administrative action and procedural... |
Disarming the dispirited South African: A critical analysis of the proposed ban on firearms for self-defence, pp 123-148 | ||
| Windell Nortje and Shane Hull | ||
| In South Africa, owning a firearm is a privilege and not a right. This privilege is regulated by the Firearms Control Act 60 of 2000. In May 2021, the Minister of Police published the Firearms Control Amendment Bill (FCAB), 2021, which contains a section prohibiting individuals from obtaining a firearm... |
An overview of categories of vulnerability among on-demand workers in the gig economy (Part 2), pp 149-182 | ||
| Dina Maria (Denine) Smit and Grey Stopforth | ||
Platform work in the gig economy has become a universal phenomenon, even more so in the socially distanced landscape of COVID-19. Characteristic of the Fourth Industrial Revolution, hundreds of thousands of on-demand workers across the globe today earn a living by performing tasks assigned to them via digital platforms. The... |
The constitutional implications of pension deductions under the Pension Funds Act of Lesotho: A comparative analysis, pp 183-213 | ||
| Mtendeweka Mhango and Kananelo Mosito | ||
This article discusses the constitutional implications of pension deductions in the kingdoms of Eswatini and Lesotho. The article is based on a constitutional problem that arose in Government of Eswatini v Mhlanga, where the Supreme Court declared section 32(2) of the Retirement Funds Act 2005 unconstitutional on the grounds that... |
Multiple discrimination experienced by women with disabilities in the workplace in South Africa, pp 214-239 | ||
| Yvette Basson | ||
Persons with disabilities have historically been members of one of the most marginalised groups in society. Access to employment has been a major barrier to the socio-economic empowerment of those with disabilities. The intersection of gender- and disability-based unfair discrimination is not yet widely recognised, and it may not be... |
Reflections on the justiciability of the “national security” clause as stipulated by section 18A of the Competition Act 89 of 1998: Lessons from Russia – Measures Concerning Traffic in Transit WTO Panel Decision, pp 240-264 | ||
| Simbarashe Tavuyanago and Clive Vinti | ||
This article discusses the justiciability of the national security clause of the Competition Act 89 of 1998, which was introduced through recent amendments to the merger regulation framework. The clause provides for the executive, through the establishment of a national security committee, to intervene in mergers which may pose a... |
The right of access to information vs the right to privacy in Tiso Blackstar Group (Pty) Ltd & Others v Steinhoff International Holdings N.V. (18706/2019) [2022] ZAWCHC 265 (10 May 2022), pp 265-277 | ||
| Siphethile Phiri | ||
The Bill of Rights in chapter 2 of the Constitution of the Republic of South Africa of 1996 (the Constitution) guarantees everyone a number of fundamental rights and freedoms, inter alia the right to privacy and the right of access to information, as envisaged in sections 14 and 32, respectively... |