Volume 26
REFEREED ARTICLES
“Public health emergency declarations” in the Ethiopian federal system: Understanding the scope of state and federal emergency declarations and authorities, pp 1-25 | ||
| Yidnekachew Mitiku Mekone | ||
Infectious agents posing a human security threat have been recorded throughout history. Today, COVID-19 poses a serious human security threat in the world, forcing governments to take extraordinary measures. Extraordinary measures, such as declarations of a state of emergency, basically determine the legal and operational resources available to respond to... |
Concurrent national and provincial legislative competence: Rethinking the relationship between nature reserves and national parks, pp 26-47 | ||
| Blackmore, Andrew | ||
| The teleology of concurrent national and provincial legislative competence in South Africa’s Constitution has not been adequately investigated, particularly from the perspective of nature conservation and the establishment of protected areas. It is, therefore, questioned whether the concurrent nature conservation competence awarded to the national sphere of government should be... |
The impact of socio-legal inequality on women in the Nigerian domestic work sector, pp 48-83 | ||
| Abigail Osiki | ||
| This article examines the impact of socio-legal inequality on the work conditions of female domestic workers in Nigeria. Domestic work is an important aspect of productive labour and an indispensable factor that contributes to the well-being of households and the economy. However, domestic workers face challenges that are multidimensional and... |
Black economic empowerment in South Africa: Is transformation of the management structures of enterprises as essential as it should be? pp 84-105 | ||
| Jeannine van de Rheede | ||
| Black Economic Empowerment (BEE) was launched as an integrated policy initiative to empower black people and redistribute wealth across the spectrum of South Africa’s population. The Broad-Based Black Economic Empowerment Act 53 of 2003, as amended in 2013, was enacted to correct the imbalances of apartheid and promote transformation of... |
Examining the interpretation of section 115(2)(a) of the Companies Act of 2008, pp 106-147 | ||
| Simphiwe S Bidie | ||
For the purposes of protecting the rights and interests of shareholders, section 115(2)(a) of the Companies Act 71 of 2008 is imperative and essential. The veracity of the section and its concomitant provisions are beginning to find their footing before South African courts. One of the occasions when the imperative... |
The role of the African Charter on Values and Principles of Public Service and Administration in promoting good governance, pp 148-167 | ||
| Paul Mudau | ||
This article critically analyses the provisions of the African Charter on Values and Principles of Public Service and Administration from an interdisciplinary standpoint of law and public administration. It assesses the Charter’s substance and its potential role in the promotion of good governance in Africa, subject to internationally accepted standards... |
The role of intellectual property rights’ protection in advancing development in South Africa, pp 168-189 | ||
| Talkmore Chidede | ||
Notwithstanding some debate, intellectual property remains a necessary tool for social, cultural, economic, and technological development in the 21st century. In this century, the global economy is driven by knowledge and technology, and the market is increasingly recognising intellectual property as a valuable commercial asset and a force for technological... |
Regional integration in Africa: Proposals for an Africa-wide payment system, pp 190-218 | ||
| Ogochukwu Monye and Ebelechukwu Monye | ||
Regional integration remains a priority in Africa. Fuelled by the call of Pan-African leaders including Kwame Nkrumah and the recognition of the potential within the continent to transform intra-African trade and achieve global competitiveness, the Africa Continental Free Trade Agreement (AfCFTA) was conceived. The African Union, in collaboration with the... |
Fiscal incentives in Kenya’s free zones: To what extent are they consistent with the WTO rules on subsidies? pp 219-249 | ||
| Olufemi Oluyeju and Nelly C Rotich | ||
In Kenya, free zones take the form of Special Economic Zones (SEZs) and Export Processing Zones (EPZs), and are offered a myriad fiscal and non-fiscal incentives. At the same time, Kenya, as a member of the World Trade Organization (WTO), is a signatory to the Agreement on Subsidies and Countervailing... |
Reconceptualising sovereign debt in international law, pp 250-286 | ||
| Muhammad Bello and Elizabeth Snyman-Van Deventer | ||
Recurring debt crises and innovations in the sovereign-debt landscape over the past couple of decades have rekindled interest in the nature and forms of sovereign debt. There are multiple outlets for contracting loans, all with different policies, principles and procedures. For instance, resource-backed loans have provided an additional option for... |
Rising from its ruins? The Southern African Development Community (SADC) Tribunal, pp 287-310 | ||
| Tapiwa Shumba | ||
The Tribunal of the Southern African Development Community (SADC) was established to ensure adherence to and the proper interpretation of the provisions of the SADC Treaty and its subsidiary instruments, and to adjudicate upon such disputes as might be referred to it. However, since its establishment, it has had a... |
Different cities, different property-tax-rate regimes: Is it fair in an open and democratic society? pp 311-341 | ||
| Fanie Van Zyl and Carika Fritz | ||
Differentiation does not automatically mean that a person’s right to equality has been infringed on. Thus, the mere fact that taxpayers are subject to different property tax rates in South Africa depending on the municipality in which the property falls does not necessarily result in an infringement of section 9... |
Confronting past atrocities: A critical analysis of the defunct Ethiopian Reconciliation Commission, pp 342-363 | ||
| Moges Zewiddu Teshome | ||
This article examines the rationale for the establishment of the defunct Ethiopian Reconciliation Commission (the Commission) and the challenges it faced in its efforts to help end impunity, restore the ruptured social fabric, and ensure democratic transition. To this end, the article relies on analysis of relevant literature, comparative case... |
An overview of categories of vulnerability among on-demand workers in the gig economy (Part 1), pp 364-394 | ||
| Dina Maria Smit and Grey Stopforth | ||
The gig economy has given rise to new forms of work that fall outside the domain of traditional employment. In most jurisdictions, the status of the work performer needs to fall within the traditional definition of “employee” to guarantee labour law protection and social security, as well as to allow... |
From precarity to pandemic: How the Covid-19 pandemic has exacerbated poverty, unemployment, and inequality in South Africa, pp 395-424 | ||
| William Manga Mokofe | ||
The pre-Covid-19 world of work was rife with inequalities and difficulties, with more than 40 per cent of working-age South Africans unemployed. The majority of those in employment were barely able to eke out a living – between 20 per cent to 30 per cent were working in the informal... |
FORUM CONTRIBUTIONS
“Dreams and aspirations deferred?”: The Constitutional Court’s approach to the fulfilment of socio-economic rights in the Constitution | ||
| Justice Steven Majiedt | ||
Dean’s Distinguished Lecture delivered at the Faculty of Law, University of the Western Cape, 3 October 2022. The Dean’s Distinguished Lectures were initiated in 2015, with the following judges as speakers: Dikgang Moseneke (2015), Navi Pillay (2016), Edwin Cameron (2017), Bernard Ngoepe (2018) and Mahomed Navsa (2019). The onslaught of... |