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

Volume 10(2) - 2006



Editorial 2006 (2)


As former Constitutional Court Justice Albie Sachs put it, 'a Bill of Rights should speak out from the soul the fundamental rights that belong to every human being and shouldn't be a list of items gleaned from an encyclopedia or legal dictionary or text book'. In this remarkable editorial, ...




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

 Kruger, Rosaan 

Section 27 of the South African Constitution guarantees 'for everyone' the right of access to social security, while section 9 prohibits unfair discrimination on any ground, including sex and gender. Rosaan Kruger examines whether the existing old age pension regime, which makes females eligible for state pensions at the...


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

 Van der Burg, Anthea 

The article considers whether the treatment of undocumented foreign migrant children in South Africa conforms to the requirements of international law and the South African Constitution. The author points out that South Africa has ratified several international treaties which contain specific provisions protecting undocumented foreign migrant children.

She also...


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

 Hye-Young, Lim and Mianko Ramaroson 

In a further review of the emerging human rights jurisprudence generated by African human rights bodies, Lim Hye-Young and Mianko Ramarosen discuss some of the recent opinions issued by the African Commission on Human and Peoples Rights. These opinions are of particular importance given the recent establishment of the...


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

 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...


The horizontal application of constitutional rights in a comparative perspective

 Chirwa, Danwood Mzikenge 

Danwood Chirwa tackles the possible horizontal application of constitutional rights from a comparative perspective. In a world in which private actors often exert enormous influence, it is not surprising that a trend has emerged to extend the protection of constitutional rights beyond the traditional sphere.

The author points out...


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

 Fitzpatrick, Peter 

The article provides a provocative analysis of the emergence of the 'new constitutionalism'. The author argues that, in one of its forms, one finds an explicit instrumental subordination of democracy, human rights and the rule of law to the market, to deregulation and privatisation.

This new constitutionalism is transforming...