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

Volume 11(1) - 2007



Editorial 2007 (1)


This issue of LDD is memorable for two reasons. First, it marks the end of our first decade of publication and the start of the second. Much has happened in the field of socio-legal development during this period, and much of it has been reflected in the pages of ...




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

 Hlongwane, Nomagugu 

Nomagugu Hlongwane examines the problem of pay discrimination among employees doing similar work. Analysing the principle of 'equal pay for work of equal value', she notes that the Constitution prohibits pay discrimination only on the grounds set out in section 9(3) of the Constitution.

The Employment Equity Act (EEA), ...


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

 Malherbe, Kitty 

Kitty Malherbe examines the legislative and policy developments that led to the enactment of the Older Persons Act 13 of 2006, designed to address the unacceptable levels of abuse and neglect suffered by older persons in residential care as well as in their communities and ensure that they receive the...


Poverty production and human rights in the African context

 Mubangizi, John C 

Professor Mubangizi argues that international human rights norms and values not only socio-economic but also civil and political should be infused into poverty reduction policies and institutions, which should include a restructuring of the global economic order. In his view this would play an important role in halting the...


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

 Bamu, Pamhidzai, Joachim Schuckman and Shane Godfrey  

Pamhidzai Bamu, Joachim Schuckman and Shane Godfrey deal with the question whether the new National Credit Act will increase access to credit for small and micro enterprises (SMMEs). Government sees the promotion of SMMEs as a way of mobilising the so-called 'second economy', comprising mostly actors from the 'previously...


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

 Millard, Daleen 

Daleen Millard's comprehensive examination of relevant case law reveals abiding uncertainty in the determination of loss of earning capacity. Professor Millard demonstrates that the problems are the result of terminological infelicities, conceptual problems and evidentiary difficulties.

She suggests that social protection measures such as income replacement, pensions or welfare benefits...




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

 De Villiers, Wium 

In this case study Wium de Villiers discusses the Constitutional Court's endorsement of the SCA decision in SABC Ltd v National DPP and Others, to the effect that it would only allow Shabir Shaik's application for leave to appeal to be broadcast if it was satisfied that it would...


FORUM CONTRIBUTION: The need for a human rights culture

 Manuel, Trevor 

In celebration of Human Rights Day, Minister of Finance Trevor Manuel delivered the 4th Dullah Omar Memorial Lecture on 20 March 2007. The lecture examines the notions of 'continuity' and 'change' in the human rights context in South Africa's recent history.

Dealing with specific challenges against the backdrop of...