EDITORIALS
Editorial 2009 (1) | ||
This issue covers a range of topics that are pertinent to our central theme: the promotion of democracy, above all through the protection of fundamental rights and socio-economic development. Some articles focus on the protection of the rights of vulnerable groups in society; others deal with broader questions ranging... |
REFEREED ARTICLES
Procedural explanations and choices: The undefended accused in a minefield | ||
| Erasmus, Deon | ||
Deon Erasmus introduces his evaluation of the South African criminal trial process, which is governed by the Criminal Procedure Act 51 of 1977, by observing that the oral nature of a trial is one of its essential features. He then discusses the procedural explanations given to the accused and... |
Scrutinising regional standards of democracy in Africa | ||
| Ngarhodjim, Nadjita | ||
Nadjita Ngarhodjim discusses the challenges of scrutinising regional standards of democracy in Africa. Democratisation, it is argued, was triggered mainly by the change in the distribution of international political power in the late 1980s. The continent's leaders, according to the author, reacted promptly, deciding to clothe democracy in African... |
The law regarding the division of the retirement savings of a retirement fund member on his or her divorce | ||
| Nevondwe, Lufuno | ||
The article analyses the recent amendments to the Pension Funds Act 24 of 1956 relating to the divorce benefit, particularly the amendment introduced by section 37D. This amendment will contribute positively to the development of South African retirement law. The allocation and payment of a share of a retirement... |
The National Health Amendment Bill 2008 and governmental policy reform: How far is too far? | ||
| Coetzer, Neil | ||
The public health sector is constantly at pains to provide adequate basic healthcare in many areas of South Africa.1 However, despite the difficulties faced by the state in this regard and the sharp criticism levelled at it for its failure to ensure a high standard of basic public healthcare, ... |
The past is a foreign country: Official public memory in South African constitutional jurisprudence | ||
| Kroeze, Irma | ||
Irma Kroeze considers the question whether the Constitutional Court has assumed the responsibility of creating 'public memory' in South Africa. While history and the past must be remembered, it is also susceptible to distortion and reconstruction. That is why the past often seems like a foreign country, one that... |
The quest for freedom of information law: The Zambian experience | ||
| Matibini, Patrick | ||
Patrick Matibini examines the concept of freedom of information, starting with a historical overview of the political arena in Zambia. The primary objective of this article is said to be threefold: first, to demonstrate the importance of freedom of information in a democratic state; secondly, to consider the quest... |
Why provincial Intra-governmental disputes in South Africa remain ungoverned by the final constitution and the Intergovernmental Relations Framework Act | ||
| Woolman, Stu | ||
Stu Woolman notes that for almost a decade government actors and academics have bemoaned a gaping hole in our law: the Final Constitution promised that Parliament would establish a legal regime to mediate and to resolve intergovernmental conflicts. Parliament ultimately produced this super-ordinate legislation in 2005: the Intergovernmental Relations... |
FORUM CONTRIBUTIONS
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) | ||
| Mnguni, Lesega and Justin Muller | ||
This article, co-authored by LLB student Lesega Mnguni and Justin Muller as part of our ALAD programme, deals with the principle of legality as enunciated in Masiya v Director of Public Prosecutions and Others 2007 (5) SA 30 (CC). In this matter an accused person was charged with rape... |