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

Volume 12(1) - 2008



Editorial 2008 (1)


South Africa, like many other countries on the African continent, is grappling with the deepening of its hard-won democracy. At the same time many other African countries are also taking great strides in moving from authoritarianism towards democratic statehood.




Bureaucracy is constraining democracy in South African schools

 Smit, Marius 

Marius Smit deals with bureaucracy and the role of school governing bodies. Following the establishment of a constitutional democracy South African society has been undergoing a fundamental transformation.

In education, democratisation has been formalised with the redistribution and extension of power to local school governing bodies and the removal...


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

 Mangu, AM and M Buledi 
 Andre Mbata Mabgu and Mpariseni Budeli write on the trajectory of the Democratic Republic of the Congo (DRC) which, moving from a colonial to an independent to an oppressive state before finally emerging into democracy in 2006, resembles that of many African states.Lessons from the DRC elections for democratic...


Islamic Canon Law encounters South African financing and banking institutions

 Abdullah, Nathiera 

Nathiera Abdullah assesses the possibility of introducing Shariah (i.e. Islamic Canon Law) compliant financing and banking products as possible vehicles of Islamic Economic Empowerment (IEE) for the purpose of promoting broad-based Black Economic Empowerment (BEE). Special attention is given to the contextual implementation of a three-tiered IEE paradigm or...


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

 Dekker, Adriette 

Adriette Dekker argues that the protection provided by social security is necessary not only to achieve social justice but is also an indispensable tool in the fight against poverty. Formal government-regulated social security in South Africa comprises both social insurance and social assistance.

Due to the legacy of apartheid, this...


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

 Mbao, Melvin and GG Komboni 

Melvin Mbao and GG Komboni criticise the legal regime and institutional arrangements designed to promote good government and to combat corruption and maladministration in Botswana, a country widely acclaimed as Africa's success story. Using internationally accepted benchmarks on good governance and combating corruption, the article seeks to critically evaluate...


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

 Muntingh, Lukas 

Lukas Muntingh reveals that South Africa ratified the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) in 1998 and that its Initial Report, which was due a year later, was only submitted in 2005 and assessed by the UN Committee against Torture in...


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

 Bond, Patrick and Jackie Dugard 

Patrick Bond and Jackie Dugard consider South Africa's retail water policy and delivery system through the dual lens of the proceedings in Mazibuko & Others v City of Johannesburg & Others , heard in the Johannesburg High Court from 3-5 December 2007, and a recent hydropolitical analysis by the...