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

Volume 11(2) - 2007



Editorial 2007 (2)


This edition of Law, Democracy and Development covers a wide range of topics, from the principles applicable to the international transfer of children via the adoption process, to the balancing of a mortgagee's security interest with a homeowner's security of tenure. The diversity of sources of law covered in the...




(Illicit) transfer by De Gree

 Sloth-Nielsen, Julia and Benyam Mezmur 

Julia Sloth-Nielsen and Benyam Mezmur provide a detailed discussion of the decision of the Supreme Court of Appeal (SCA) in De Gree v Webb [2007] SCA 87 (RSA), in which they examine the fundamental principles applicable to the international transfer of children via the adoption process.

The article dissects...


Discrimination based on HIV/AIDS status

 Durojaye, Ebenezer 

Ebenezer Durojaye considers the judgment in the Nigerian case of Festus Odiafe and ors and the Attorney General and ors relating to prisoners' right of access to HIV treatment in Nigeria.

This was the first decided case dealing with HIV/AIDS in Nigeria. The author argues that, while the court was...


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

 Jivan, Usha 

Usha Jivan explores the legal discourse about equality, in particular homosexual equality, and illustrates how it has traversed sites that may be labelled condemnation, compassion, condonation and celebration.

In the pre-democratic era homosexuality was dealt with in the harshest manner. Since the advent of the new Constitution the courts have...


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

 Steyn, Lee 

Lee Steyn argues that a balance is needed between a mortgagee's security interest and a homeowner's security of tenure. This is because the Constitutional Court, in Jaftha v Schoeman and Others; Van Rooyen v Stoltz and Others 2005 (2) SA 140 (CC), set aside the sale in execution of the...


Taking those with special housing needs from the doldrums of neglect

 Chenwi, Lilian 

Lilian Chenwi deals with the need for an approach to housing that takes special needs into account. Millions of people in South Africa do not have access to adequate housing, among them many individuals and households with special needs.

South Africa has been hailed for its progressive housing laws, ...


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

 Mofokeng, Lesala L 

Lesala Mofokeng provides a detailed discussion of the definition of legal pluralism which, according to him, has the same meaning as 'legal diversity'. He argues that despite the fact that everyone has a right to freedom of religion under section 15 of the Constitution, the section does not adequately afford...


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

 Van Wyk, Jeannie 

Jeannie Van Wyk argues that land use planning and environmental issues do not and cannot exist independently of one another. Many examples exist of proposed developments where both these issues were relevant in deciding whether or not to permit them.

In South Africa different statutes set out procedures to...




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

 Kaguongo, Waraguru 

Waruguru Kaguongo reports on issues arising from decisions handed down by the African Commission on Human and Peoples' Rights in 2004. A total of 12 communications were considered in that year, with seven communications being decided on the merits.

The article is divided into two main sections: issues implicit...