JOURNAL OF UWC FACULTY OF LAW | ISSN 2077-4907 | Short URL www.ldd.org.za

Current volume

current volume 

Volume 27



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...