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

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Page 1

 'One moment of extreme irresponsibility': Notes and comments on Humphreys v S and the volitional component of dolus eventualis in the context of dangerous or irresponsible driving, pg 64

 'So many legislative changes with such little impact' - a gender analysis of labour reform

 ‘Alone in the dark’: How the current mining and minerals legal regime continues to fail artisanal and small-scale miners in South Africa, pp. 221-255

 ‘Talk to my father’: Re-thinking social exclusion and access to justice in the context of bridewealth negotiation, pp 20-46

 “Dreams and aspirations deferred?”: The Constitutional Court’s approach to the fulfilment of socio-economic rights in the Constitution

 “Public health emergency declarations” in the Ethiopian federal system: Understanding the scope of state and federal emergency declarations and authorities, pp 1-25

 (Illicit) transfer by De Gree

 A critical analysis of Zimbabwe’s codified business judgment rule and its place in the corporate governance landscape, pp 575-603

 A critical assessment of land redistribution policy in the light of the Grootboom judgment

 A critique of the protection afforded to non-standard workers in a temporary employment services context in South Africa, pg 334

 A discourse on the plight of South African women in the face of abuse and neglect, pp 95-118

 A foreskin too far? Religious, medical and customary circumcision and the Children's Act 38 of 2005 in the context of HIV/AIDS, pg 69

 A fourth transformation of democracy? Liquid democracy, supra-national democracy and the fate of participation, pgs 181-201

 A human-rights-based approach to fighting corruption in Uganda and South Africa: Shared perspectives and comparative lessons, pgs 225-247

 A matter of ongoing concern: Judicial interpretation and misinterpretation of section 197 of Ihe Labour Relations Act

 A new beginning? The enforcement of social, economic and cultural rights under the African Charter on Human and Peoples' Rights

 A perspective on local government's role in realising the right to housing and the answer of the Grootboom judgment

 A review of the Judicial Inspectorate of Prisons of South Africa

 A right to truth, justice and a remedy for African victims of serious violations of international humanitarian law

 A trend towards co-determination? Case studies of South African enterprises

 Academic freedom, institutional autonomy and the University of Malawi: An analysis of some trends and prospects, pg 127

 Access of political parties to the media during election campaigns

 Affirmation to realisation of the nght of access to information: Some issues on the implementation of PAIA

 After the Novartis judgment - 'Evergreening' will never be the same again! pg 305

 Aiding intolerance and fear: The nature and extent of AIDS discrimination in South Africa

 An analysis of the duty to reasonably accommodate disabled employees: a comment on Jansen v Legal Aid South Africa, pgs, 109-132

 An assessment of the constitutionality of the COVID-19 regulations against the requirement to facilitate public participation in the law-making and/or administrative processes in South Africa, pp 309-344

 An empirical analysis of class actions in South Africa, pgs 54-85

 An evaluation of Kenya's parallel legal regime on refugees, and the courts' guarantee of their rights, pg 42

 An exploration of mata'a maintenance in anticipation of the recognition of Muslim marriages in South Africa: (Re-)opening a veritable Pandora's box?

Page 2

 An exposition of trade policy formulation through the issuing of ‘Trade Policy Directives’ by the Minister of Trade, Industry and competition under the International Trade Administration Act 71 of 2002, pp. 286-308

 An investigation into the causes of violent strikes in South Africa: Some lessons from foreign law and possible solutions, pg 211

 An overview analysis of selected challenges in the enforcement of the prohibition of insider trading and market manipulation in the European Union and South African regulatory frameworks, pg 94

 An overview of categories of vulnerability among on-demand workers in the gig economy (Part 1), pp 364-394

 An overview of South Africa's institutional framework in promoting women's right to development, pg 46

 Application of the African Charter by African sub-regional organisations: Gains, pains and the future, pg 49

 Are courts going out of their way to accommodate racists? A critique of South African Revenue Service v Commission for Conciliation, Mediation and Arbitration and Others, pgs 338-363

 Assessing the nature of competition law enforcement in South Africa, pg 136

 Before the camel's back is broken: How Malawi provides succour to employers by jettisoning the payment of a severance allowance and pension benefits at the same time, pg 164

 Between separation of powers and justiciability: Rationalising the Constitutional Court's judgment in the Gauteng E-tolling litigation in South Africa, pg 1

 Between tax competition and tax harmonisation: Coordination of value added taxes in SADC member states, pg p 119

 Bicameralism in Lesotho: A review of the powers and composition of the second chamber, pgs 18-43

 Black economic empowerment in South Africa: Is transformation of the management structures of enterprises as essential as it should be? pp 84-105

 Boko Haram: An enquiry into the socio-political context of Nigeria's counter-terrorism response, pg 226

 Book review: 'Law and investment in Africa: The governance of foreign direct investment in Zimbabwe, pp. 463-481'

 Book review: Socioeconomic rights in South Africa: Symbols or substance? pg 261

 Bureaucracy is constraining democracy in South African schools

 Challenges to effective prison governance in South Africa

 Chewing more than one can swallow: The creation of new districts in Uganda, pg 19

 Children’s rights, international human rights and the promise of Islamic legal theory

 Civilian oversight and South African prisons: An examination of the Independent Visitor system

 Co-determination and transformation: Co-optation or alternative vision

 Collective bargaining and the LRA

 Collective bargaining under the new Labour Relations Act: The resurrection of freedom of contract

 Come back when you are 65, Sir: Discrimination in respect of access to social assistance for the elderly

 Commentary on South Africa's position regarding equal pay for work of equal value

 Concurrent national and provincial legislative competence: Rethinking the relationship between nature reserves and national parks, pp 26-47

 Confronting past atrocities: A critical analysis of the defunct Ethiopian Reconciliation Commission, pp 342-363

 Contemporary trends in provincial government supervision of local government in South Africa, pg 178

 COVID-19 and elections in Ethiopia: Exploring constitutional interpretation by the House of the Federation as an exit strategy, pgs 64-89

Page 3

 Cultural and religious diversity: Are these effectively accommodated in the South African workplace? pgs 26-38

 Dans l’intérêt commun: responsabilité et rétablissement pour les dégâts causés a l’environnement naturel pendant les conflits armés

 Debunking 'Conglomo-talk': A case study of the amicus curiae as an instrument for advocacy, investigation and mobilisation

 Deciding non-constitutional matters of general public importance in South African law: Can constitutional values be used? pp 604-631

 Defining the parameters of employment: The position of the company shareholder and the close corporation member

 Defining the term basic education in the South African Constitution: An international law approach, pg 162

 Democracy and (the essential content of) fundamental rights: Marching in line or precarious balancing act? pgs 299-330

 Democracy and development in the age of globalisation

 Democracy and elections in Africa in the Democratic Republic of Congo: Lessons for Africa

 Democracy and pretend democracies in Africa: Myths of African democracies, pg 139

 Democratic policing: A conceptual framework, pp. 121-155

 Démocratie et développement dans l’âge de la mondialisation

 Democratising the public service: Co-determination, workplace democratisation and transformation

 Derogation from constitutional rights and its implication under the African Charter on Human and Peoples' Rights, pg 78

 Development and regulation of tourism for mutual benefit in the Southern African Development Community (SADC), pg 84

 Development as a right in Africa: Changing attitude for the realisation of women's substantive citizenship, pg 224

 Devolution of power in Zimbabwe's new constitutional order: Opportunities and potential constraints, pg 289

 Different cities, different property-tax-rate regimes: Is it fair in an open and democratic society? pp 311-341

 Disability: the quest for reform

 Discrimination based on HIV/AIDS status

 Dismantling obstacles impeding better governance in companies: Affirming the expansion of the interpretation of ‘shareholder and director’ under section 163 of the 2008 Act, pp. 337-410

 District municipalities: Giving effect to shared authority in local government

 Does size matter? The Labour Relations Act, majoritarianism and union structure

 Does the exclusion of a right to basic sanitation in international law impede its legal enforcement? pgs 245-269

 Does the South African Pension Funds Adjudicator perform an administrative or a judicial function? pg 20

 Driving corporate social responsibility through Black economic empowerment, pg 58

 Editorial 1997 (1)

 Editorial 1998 (1)

 Editorial 1998 (2)

 Editorial 1999 (1)


Page 5

 Editorial 2010 (3) (French)

 Editorial 2010 (3): Working on the margins: Poverty and economic marginality in South Africa

 Editorial 2011 (1) (French)

 Editorial 2011 (1): Breaking new ground - the only way to go? pg 1

 Editorial 2011 (2), pg 4

 Editorial 2011 (3): Kader Asmal's legacy will live on, pg 8

 Editorial 2011 (3): La contribution de Kader Asmal se perpétuera

 Editorial 2011 (4) pg 11

 Editorial 2011(4) (French)

 Editorial Volume 17

 Editorial Volume 19

 Effects of forced genital cutting on human rights of women and female children: The Nigerian situation

 Embracing risky refuge: Women, land laws and livelihood vulnerabilities in rural Kenya, pp 71-94

 Engaging the state and capital: Labour and the deepening of democracy in South Africa

 Engendering access to environmental justice in Nigeria’s oil producing areas, pp 167-191

 Engendering access to justice for development in Sub-Saharan Africa: A study of policy, programming and implementation, pp 1-19

 eThekwini’s discriminatory by-laws: Criminalising homelessness, pgs 468-511

 Ex parte Somers (1927) 48 NPD 1: A story of racial exclusion in the South African legal profession, pgs 219-244

 Examining the interpretation of section 115(2)(a) of the Companies Act of 2008, pp 106-147

 Exploring the citizen inclusiveness and micro-economic empowerment aspects of regional integration in Africa, pg 91

 Extending the frontiers of employment regulation: The case of domestic employment in South Africa

 Failure to recognise a third gender option: Unfair discrimination or justified limitation? pgs 90-120

 Fighting crime while promoting human rights in the police: The court and the prisons in South Africa

 Fiscal autonomy of urban councils in Zimbabwe: A critical analysis, pg 37

 Fiscal incentives in Kenya’s free zones: To what extent are they consistent with the WTO rules on subsidies? pp 219-249

 Formal-informal economy linkages: What implications for poverty in South Africa?

 Formation of a government in Lesotho in the case of a hung parliament, pg 174

 FORUM CONTRIBUTION: A summary of some cases on HIV/AIDS

 FORUM CONTRIBUTION: A summary of some recent cases of interest to the African continent

 FORUM CONTRIBUTION: African case law review



Page 6

 FORUM CONTRIBUTION: Be careful what you wish for?

 FORUM CONTRIBUTION: Choices for sustainable social health care

 FORUM CONTRIBUTION: Commentary on communications decided by the African Commission on Human and Peoples' Rights in 2004

 FORUM CONTRIBUTION: Communications before the African Commission on Human and Peoples' Rights 1988-2002

 FORUM CONTRIBUTION: Effects on the employment relationship of the insolvency of the employer: A worker perspective

 FORUM CONTRIBUTION: Fair trial rights, freedom of the press, the principle of open justice and the power of the Supreme Court of Appeal to regulate its own process

 FORUM CONTRIBUTION: Get rights right in the interests of security of tenure

 FORUM CONTRIBUTION: Labor Law for the 21 st century: Stalled reform in the United States

 FORUM CONTRIBUTION: Not only the business of the state, but also a business of all: State reporting in South African and popular participation, pg 514

 FORUM CONTRIBUTION: Promoting FOCAC more maturely in the next decade, pg 500

 FORUM CONTRIBUTION: South African court rules on the state's obligation to prevent mother-to-child transmission of HIV

 FORUM CONTRIBUTION: Ten years of the CCM: An assessment for labour

 FORUM CONTRIBUTION: The final curtain call for the Minimum Sentences Act

 FORUM CONTRIBUTION: The growing informalisation of work: Challenges for labour

 FORUM CONTRIBUTION: The need for a human rights culture

 FORUM CONTRIBUTION: The principle of legality in constitutional matters with reference to Masiya v Director of Public Prosecutions and Others 2007 (5) SA 30 (CC)

 FORUM CONTRIBUTION: The state of our democracy

 FORUM CONTRIBUTION: Towards a more activist parliament more engaged with civil society

 FORUM CONTRIBUTION: Understanding, protecting, promoting and entrenching the rule of law: What individuals, constitutional institutions, state entities and civil society must do, pgs 1-26

 FORUM CONTRIBUTION: Women's rights in human rights systems: Past, present and future

 Four years following South Africa’s declaration upon the ratification of the ICESCR and jurisprudence on the right to basic education: A step in the right direction? pgs 270-298

 Free trade or just trade? The World Trade Organisation, human rights and development (Part 1)

 Free trade or just trade? The world trade organisation, human rights and development (Part 2)

 From a cat into a lion? An overview of the progress and challenges of the African human rights system at the African Commission's 25 year mark, pg 298

 From individual protection to recognition of relationships: Same-sex couples and the South African experience of sexual orientation reform

 From precarity to pandemic: How the Covid-19 pandemic has exacerbated poverty, unemployment, and inequality in South Africa, pp 395-424

 Gender-specific HIV policies and programmes at South African workplaces, pg 89

 Get to work on unemployment

 Governing rules and principles of the WTO: Its scope and future development in the context of globalisation

 Guaranteeing loans to and by municipalities: The legal framework, problems and solutions



Page 7

 Guidelines and principles on imprisonment and the prevention of torture under the African Charter on Human and Peoples' Rights: How relevant are they for South Africa? pg 363

 Has South Africa committed in good faith to article 34 of the UN Refugee Convention, which calls for the naturalisation of refugees? pgs 68-99

 Higher education access in South Africa for students with criminal records, pg 25

 Hold on to critical jurisprudence, pgs 202-218

 How international human rights law influences domestic law in Africa, pg 378

 Human rights litigation using international human rights law: The IHRDA experience, pg 504

 Human rights, core labour standards and the search for a legal basis for a trade-labour linkage in the multilateral trade regime of the World Trade Organisation, pg 240

 Implementation of Grootboom: Implications for the enforcement of socio-economic rights

 In our common interest: Liability and redress for damage caused to the natural environment during armed conflict, pg 90

 Incorporating Afrocentric alternative dispute resolution in South Africa’s clinical legal education, pp 482-514

 Increasing access to education for refugees in Uganda, pp 546-574

 Indigenous peoples, corporate power and the knowledge economy: The law and politics of knowledge protection

 Industrial democracy in South Africa's transition

 Inequality and economic marginalisation: How the structure of the economy impacts on opportunities on the margins

 Informal business and poverty in South Africa: Rethinking the paradigm

 Institutionalising a military judicial office and improving security of tenure of military judges in South Africa, pg 79

 Insufficient access to substance abuse treatment centres for illicit drug users and its potential effect on a foetus: A breach of the right to access healthcare services, pg 65 Page-start: 65 Page-end:

 Integrating the traditional with the contemporary in dispute resolution in Africa, pg 154

 Introduction to socio-economic rights in the South African Constitution

 Irreconcilable differences? Building a human rights culture and dealing with crime in post-apartheid South Africa

 Is the employer compelled to provide safe working conditions to employees during a violent strike? pp. 256-285

 Islamic Canon Law encounters South African financing and banking institutions

 Judicial review of administrative and executive decisions: Overreach, activism or pragmatism? pg 201

 Kenya's implementation of the Smuggling Protocol in response to the irregular movement of migrants from Ethiopia and Somalia, pg 29

 L’absence curieuse des droits de l’homme

 La Détresse des travailleurs domestiques

 La privatisation, les droits de l’homme et la sécurité

 Le droit, faites-le bien dans l’intérêt du maintien dans les lieux

 Legal protection of undocumented foreign migrant children in South Africa: Reality or myth?

 Legislative and executive translation of the right to have access to health care services



Page 8

 Legitimacy and interpretation in Ghanaian law: The literal interpretation theory versus the value-based interpretation theory

 Leveraging the local administration to engender access to justice in Kenya: The case of Mukuru Kayaba Informal Settlement, Nairobi County, Kenya, pp 192-222

 Libre-échange ou commerce juste?

 Like a candle in the wind: Commentary on communications decided by the African Commission of Human and People's Rights in 2003

 Litigating human rights in South Africa: The experience of the Centre for Applied Legal Studies, pg 444

 Litigating socio-economic rights in domestic courts: The Kenyan experience, pg 419

 Living in the wake of the Truth and Reconciliation Commission: A retroactive reflection

 Local capacity policing

 Local government in Ethiopia: Still an apparatus of control? pg 133

 Marriages of convenience through the immigration lens: Concepts, issues, impact and policies, pp 515-545

 Mind the gap: Suggestions for bridging the divide between formal and informal social security

 Monitoring the implementation of socio-economic rights in South Africa: Some lessons from the international community

 My Vote Counts and the transparency of political party funding in South Africa, pgs 1 - 11

 Nativism in South African municipal indigent policies through a human rights lens, pgs 271-317

 Negotiating the future: Labour's role in NEDLAC

 Normative intersectionality in married women’s property rights in southern Nigeria, pgs 86-108

 Older Persons Act: Out with the old and in the with the older?

 Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment as adopted in 2002 by the UN General Assembly 57/1999: Implications for South Africa

 Overview of the legislative protection of retirement benefits against transfer, reduction, hypothecation and attachment in South Africa, pp. 411-439

 Painful peace: Amnesty under the Lome Peace Agreement in Sierra Leone

 People want to work, yet most have to labour: Towards decent work in South African supply chains, pg 1

 Phishing in the World Wide Web ocean: Roestof v Cliffe Dekker Hofmeyr Inc: A case of cyber laundering through an attorney's trust account, pg 49

 Policy and practice in South African prisons: An update

 Pornography is going online: The harm principle in Dutch law, pg 1

 Poverty as injustice, pg 273

 Poverty production and human rights in the African context

 Pre-trial detention: Its impact on crime and human rights in South Africa

 Preconditions and processes for establishing a Truth and Reconciliation Commission in Rwanda: The possible interim role of Gacaca community courts

 Prisoners' rights litigation in South Africa since 1994: A critical evaluatIon

 Private regulation in the context of international sales contracts, pgs 27-53


Page 9

 Privatisation, human rights and security: Reflections on the Draft International Convention on Regulation, Oversight and Monitoring of Private Military and Security Companies, pg 182

 Procedural explanations and choices: The undefended accused in a minefield

 Promoting human rights and achieving reconciliation at the international level (part 1)

 Promoting human rights and achieving reconciliation at the international level (Part 2)

 Promoting the quality of legal aid in South Africa through better co-ordination of service provision, pgs 1-23

 Promotion of good governance and combating corruption and maladministration: The case of Botswana

 Protecting inmates' dignity and the public's safety: A critical analysis of the new law on medical parole in South Africa, pg 185

 Protection against unfair discrimination in the workplace: Are the courts getting it right?

 Protection and enforcement of the right to social security

 Provincial-municipal relations: A few challenges

 Public Funding of Represented Political Parties Act 103 of 1997 and the implementation of section 236 of the 1996 Constitution

 Public Participation: What has the Constitutional Court given the public?

 Reconceptualising sovereign debt in international law, pp 250-286

 Reflections on the rejection of the right to sexual orientation by the institution of traditional leadership: Lessons from South Africa, pg 80

 Refugees and asylum seekers: Barriers to accessing South Africa's labour market, pg 232

 Regional integration in Africa: Proposals for an Africa-wide payment system, pp 190-218

 Regional integration in the area of intellectual property: The case for Southern African Development Community involvement, pg 317

 Regles et principes directeurs de l'organisation mondiale du commerce: Champ d'application et futur developpement dans Ie contexte de mondialisation

 Regulator or controller: A five-year analysis of the cat-and-mouse games between the Uganda Communications Commission and broadcasters in Uganda, pp 632-659

 Reparations policy in South Africa for the victims of apartheid

 Repousser les limites de la réglementation du travail

 Respecting revenge: The road to reconciliation

 Revisiting legal harmonisation under the Southern African Development Community Treaty: The need to amend the Treaty, pg 127

 Revisiting the social security policy framework in South Africa

 Rights discourse and practices, everyday violence and social protests: Who counts as subject and whose lives are real in the neo-colonial South African nation state? pg1

 Rising from its ruins? The Southern African Development Community (SADC) Tribunal, pp 287-310

 Safe as houses? Balancing a mortgagee's security interest with a homeowner's security of tenure

 Scrutinising regional standards of democracy in Africa

 Securing land rights in rural communities of Nigeria: Policy approach to the problem of gender inequality, pg 253

 Seven years in business: Evaluating developments at the African Court on Human and Peoples' Rights, pg 317


Page 10

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

 Shifting consciousness and challenging power: Women activists and the provision of HIV/AIDS services, pgs 158-176

 Should fighting organised crime be a priority as South Africa deals with crime and human rights, and does the need to combat crime justify extraordinary measures that may limit rights?

 Small enterprises, the Labour Relations Act and collective bargaining in South Africa

 So much to do, so little done: The right of access to anti-retroviral drugs post-Grootboom

 Social protection for developing countries: Can social insurance be more relevant for those working in the informal economy?

 Social security aspects of accident compensation: COIDA and RAF as examples

 Social Security: A conceptual view

 Socio-economic rights and the process of privatising basic municipal services

 Socio-economic rights in applicable international trade law

 Sour grapes

 South Africa's post-apartheid microcredit-driven calamity, pg 92

 South Africa's water crisis: The idea of property as both a cause and solution, pg 176

 South African municipalities in financial distress: What can be done? pgs 413-441

 Special interest councillors in Zimbabwe: A review of law and practice in terms of the 2013 Constitution, pg 157

 Staircase or safety net? Examining the meaning and functioning of RDP house ownership among beneficiaries: A case study of Klapmuts, Stellenbosch, pgs 201-224

 State obligations in international law related to the right to an adequate standard of living for persons with disabilities, pg 68

 States' Obligations in Relation to Access to Medicines: Revisiting Kenyan High Court Decision in P.A.O and Others v Attorney General and Another, pg 24

 Suivre l’Etoile ALENA

 Supervision of local government in Zimbabwe: The travails of mayors, pgs 44-67

 Surveying the prisons landscape - what the numbers tell us

 Sustainable development and international economic law in Africa, pgs 133-157

 Sustainable development of oil sands projects in sub-Saharan Africa: Lessons from the governance regime for the Alberta Oil Sands, pg 97

 Taking responsibilities seriously: The role of the state in preventing transmission of HIV from mother to child

 Taking those with special housing needs from the doldrums of neglect

 Testing for HIV/AIDS: The constitutional standard

 The (mis)application of the limitation analysis in Maseko and Others v Prime Minister of Swaziland and Others, pgs 12 - 25

 The additional protocol to the African Charter on Human and Peoples' Rights: indications of capacity for African municipal systems

 The Amended Government Procurement Agreement: Challenges and opportunities for South Africa, pg 202

 The application of the doctrine of res judicata in political rights cases: National Freedom Party v Electoral Commission and Others (2016), pg 192


Page 11

 The approaches of the African Commission to the right to health under the African Charter, pg 393

 The betrayal of Steve Biko: South Africa's Initial Report to the UN Committee against Torture and responses from civil society

 The case for increased reform of South African family and maternity benefits

 The case of Johannesburg water: What really happened at the pre-paid Parish pumps?

 The changing nature of the power of prorogation of Parliament in Lesotho: From absolute prerogative to rationality? pp. 193-220

 The co-ordination of social security rights in Southern Africa: Comparisons with (and possible lessons to be learnt from) the European experience

 The Constitutional state in the developing world in the age of globalisation: From limited government to minimum democracy

 The curious absence of human rights: Can the WIPO Development Agenda transform intellectual property negotiation?

 The dispute resolution mechanism of the World Trade Organisation five years after its implementation

 The double punch of workplace bullying/harassment leading to depression: Legal and other measures to help South African employers ward off a fatal blow, pgs 24-63

 The effect of the 2011 Arab uprising in the Middle East and North Africa (Mena region): Morocco’s quest for constitutional reform and the 20 February Movement, pp 223-241

 The effect of women's care-giving role on their social security rights

 The Ethics of AI systems and the Impact on HR Management: Recording

 The Ethiopian Federal Ethics and Anti-Corruption Commission: A Critical Assessment, pg 215

 The European Union as a model for regional integration in the Southern African Development Community: A selective institutional comparative analysis, pg 457

 The exhaustion of local judicial remedies in investor-state dispute settlement: A proposal for the African Continental Free Trade Agreement on Investment Protocol, pp. 156-192

 The global financial regulatory system and the rule of law: An appraisal of the regulatory process under Basel III, pgs 148-180

 The High Court of Malawi as a constitutional court: Constitutional adjudication the Malawian way, pgs 442-467

 The hollowing-out of trade union democracy in COSATU? Members, shop stewards and the South African Communist Party, pg 279

 The horizontal application of constitutional rights in a comparative perspective

 The horizontal application theory and its influence on freedom of agreement in the law of contract - a South African perspective

 The horizontal application theory and its influence on the freedom of contract - a French point of view

 The impact of socio-legal inequality on women in the Nigerian domestic work sector, pp 48-83

 The impact of traditional sex practices on the construction of female sexuality: an African human rights perspective

 The implication of socio-economic rights jurisprudence for government planning and budgeting: The case of children's socio-economic rights

 The implications of the decision in Helen Suzman Foundation v Judicial Service Commission 2018 (7) BCLR 763 (CC) 8 on the functioning of the South African Judicial Service Commission, pgs 248-270

 The implications of the Public Protector’s remedial action directing the exercise of discretionary constitutional powers: separation of powers implications, pgs 364-383

 The implications of Truworths Limited v Minister of Trade and Industry 2018 (3) SA 558 (WCC) for access to credit by historically disadvantaged and low-income consumers, pgs 1-17

 The incentivisation of inclusionary housing by South African municipalities: A property law perspective, pgs 177-200

 The institution of traditional authority in Okombahe, Erongo Region of Namibia: Can the institution be reconciled with democratic values of justice? pp 146-166


Page 12

 The Investor-State Dispute Resolution Forum under the SADC Protocol on Finance and Investment: Challenges and opportunities for effective harmonisation, pg 175

 The Labour Relations Act and global competitiveness

 The law regarding the division of the retirement savings of a retirement fund member on his or her divorce

 The LRA and the common law

 The LRA and work-place forums: Legislative provisions, origins, and trans formative possibilities

 The narrative of vulnerability and deprivation in protection regimes for the internally displaced persons (IDPs) in Africa: An Appraisal of the Kampala Convention, pg 219

 The National Credit Act: Will it increase access to credit for small and micro enterprises?

 The National Health Amendment Bill 2008 and governmental policy reform: How far is too far?

 The necessity for Zambia’s vitamin A sugar fortification requirement, pp. 345-376

 The new constitutionalism: The global, the postcolonial and the constitution of nations

 The past is a foreign country: Official public memory in South African constitutional jurisprudence

 The pathological malaise within the criminal justice system: Why the courts are not seen to be delivering

 The place and recognition of socio-economic rights in France

 The political question doctrine in Uganda: A reassessment in the wake of CEHURD, pg 264

 The Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa

 The public finance implications of recent socia-economic rights judgments

 The quest for freedom of information law: The Zambian experience

 The readiness of South African law and policy for the pursuit of Sustainable Development Goal 11, pg 239

 The relevance of a multidisciplinary interpretation of selected aspects related to women's sexual and reproductive health rights in Africa, pg 177

 The right of access to sufficient water in South Africa: How far have we come? pg 244

 The right to adequate housing in the African regional human rights system: Convergence or divergence between the African Commission and South African approaches, pg 342

 The right to basic education, the South African constitution and the Juma Musjid case: An unqualified human right and a minimum core standard, pg 477

 The right to education of the refugee girl affected by armed conflict in Kenya, pp 119-145

 The right to education: Lessons from Grootboom

 The right to freedom of religion: An apparently misunderstood aspect of legal diversity in South Africa

 The right to housing in France and South Africa

 The role of black capital in revitalising land reform in Limpopo, South Africa

 The role of intellectual property rights’ protection in advancing development in South Africa, pp 168-189

 The role of the African Charter on Values and Principles of Public Service and Administration in promoting good governance, pp 148-167

 The role of the ICD in dealing with crime and human rights within the SAPS

 The role of traditional leaders in Zimbabwe: Are they still relevant? pg 69

 The SADC regional bloc: What challenges and prospects for regional integration? pg 22

 The slippery slope to state capture: Cadre deployment as an enabler of corruption and a contributor to blurred party–state lines, pp 440-462

 The social model of disability, rights discourse and the impact of South Africa's Education White Paper 6 on access to the basic education system for persons with severe or profound intellectual impairments, pg 202

 The South African Constitution’s empty promise of ‘radical transformation’: Unequal access to quality education for black and/or poor learners in the public basic education system, pgs 100-147

 The state of civil society participation in Parliament, pg 29

 The state of political inclusion of ethnic communities under Kenya's devolved system, pg 131

 The transfer of enterprises and the protection of employment benefits in South and Southern Africa

 The TRIPS agreement and South African legislation: The case of the parallel importation of medicines

 The unresolved ethnic question in Uganda's district councils, pg 107


Page 13

 The use of e-procurement in South African public procurement law: Challenges and prospects, pgs 39 - 47

 The World Trade Organisation and Southern African trade relations

 The Zimbabwe Human Rights Commission: Prospects and challenges for the protection of human rights, pg 148

 Those who have and those who don't: An investigation into the limited scope of application of social security in South Africa

 Time for the tide to change for rules of engagement in labour law: A proposal for effective wage dispute resolution, pgs 48 - 73

 Tough on crime and strong on human rights: The challenge for us all

 Towards a human rights-based approach to trade and investment in Africa in the context of globalisation, pg 101

 Trade liberalisation as facilitated through trade agreements within the Southern African region: An instrument in the realisation of socio-economic rights

 Trade unions and institutionalised workers' participation: The German experience

 Trade unions and the law: Victimisation and self-help remedies

 Traditional leadership and its future role in local governance

 Transitional justice and the prosecution model: The experience of Ethiopia

 Uganda's civil courts and the administration of military justice: An appraisal of their jurisprudence on selected issues, pg 111

 Ukuqhwabela ukuba kuthathwe isigqibo sokugqibela somThetho wezona zigwebo ziphantsi

 Using courts of law to tackle poverty and social exclusion: The case of post-2010 Kenya, pg 193

 Using International Human Rights Law to Promote Constitutional Rights: The (Potential) Role of the South African Parliament, pg 311

 Waste management and the workplace

 Water privatisation and socio-economic rights in South Africa

 What gender legislative reforms have meant for women in South Africa, pp 47-70

 What happens on the beach stays on the beach: A speculative legal analysis of nudism in South African protected areas, pgs 318-337

 When do you call time on a compromise? South Africa’s discourse on transformation and the future of transformative constitutionalism, pgs 384-412

 Where is management going? Employer strategies with regard to worker participation and work-place forums

 Who are ‘the people’ in the German Constitution? A critique of, and contribution to, the debate about the right of foreigners to vote in multi-level democracies, pgs 1-26

 Who is watching the watchers? A critical assessment of the Independent Police Investigative Directorate's prospects of investigating misconduct in the South African Police Service, pg 132

 Who's in and who's out: Labour law and those excluded from its protection

 Why provincial Intra-governmental disputes in South Africa remain ungoverned by the final constitution and the Intergovernmental Relations Framework Act

  A comparative analysis of the United Nations Convention on the Rights of Persons with Disability and the African Draft Protocol on the Rights of Persons with Disabilities, pg 153

  An interpretation of 'relevant organs of state' in section 184(3) of the Constitution and their duty to provide information on socio-economic rights to the South African Human Rights Commission

  Between availability and entitlement: The Constitution, Grootboom and the right to food

  Confronting selected difficulties associated with the enforcement of res judicata in South Africa with reference to Samancor v Rham Equipment (532/13) [2014] ZASCA 66, pg 215


Page 14

  Constructing the Amicus Curiae Procedure in Human Rights Litigation: What can Uganda Learn from South Africa? pg 199

  Dismissal of an employee at the instance of a client: Revisiting Nape v INTCS Corporate Solutions (Pty) Ltd in the context of the Labour Relations Amendment Act 6 of 2014, pg 106

  Divorce and the law of Khul: A type of no fault divorce found within an Islamic legal framework, pg 37

  Editorial 2007 (2)

  Editorial 2008 (1) (French)

  Évider' la démocratie du syndicat dans Cosatu? Les membres, les représentants syndicaux et le Parti Communiste Sud-Africain

  Following the NAFTA Star: SADC land reform and investment protection after the Campbell litigation, pg 59

  FORUM CONTRIBUTION: A New Constitution and a Bill of Rights

  FORUM CONTRIBUTION: Comment on the Code of Good Practice: Key Aspects of HIV/AIDS and Employment

  FORUM CONTRIBUTION: Dismissals for operational requirements

  FORUM CONTRIBUTION: Enforcement difficulties in the public and private sectors

  FORUM CONTRIBUTION: The plight of domestic workers: The elusiveness of access to adequate housing

  Fundamental rights and democratic contestation: Reflections on freedom of assembly in an unequal society, pg 221

  Geography, marginalisation and the performance of the right to have access to health care services in Johannesburg, pg 1

  Global governance and national sovereignty: The World Trade Organisation and South Africa's new constitutional framework

  Globalisation, the World Trade Organisation and the implications for developing countries

  In the face of judicial deference: Taking the minimum core of socio-economic rights to the local government sphere, pg 1

  Incomplete ruptures: The political economy of realising socio-economic rights in South Africa

  Loss of earning capacity: The difference between the sum-formula approach and the somehow-or-other approach

  Realising the right of access to water: Pipe dream or watershed?

  Revisiting the participation of traditional leaders in municipal councils in South Africa, pg 200

  South Africa's evolving jurisprudence on socio-economic rights: An effective tool in challenging poverty?

  The exclusion of contractors from government contract awards

  The impact of development on the environment as part and parcel of integrated development planning?

  The quest for financial discipline at local government level: The regulation of municipal borrowing and financial emergencies

  The right of access to land and its implementation in Southern Africa: A comparative study of South Africa and Zimbabwe land reform laws and programmes

  The school funding system and its discriminatory impact on marginalised learners, pg 339

  Too little? Too late? The implications of the Grootboom case for state responses to child-headed households

  Tracking South Africa's progress on health care rights: Are we any closer to achieving the goal?

  Transforming' South African professional sport: Some observations on recent developments