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

Volume 13(2) - 2009



Editorial 2009 (2)


This issue of LDD has a special focus on women. It comes at an appropriate time. The position of women in African and South African society has been highlighted by the controversy surrounding disclosures of illegitimate children fathered by President Jacob Zuma. Indeed, the President's marriage to a third wife...




The additional protocol to the African Charter on Human and Peoples' Rights: indications of capacity for African municipal systems

 Aniekwu, Nkolika Ijeoma 

Aniekwu Nkolika Ijeoma notes that, in July 2003, the African Union adopted a landmark treaty, the Protocol on the Rights of Women in Africa, which significantly advances human rights protections to better reflect and incorporate women's experiences. It presents a tremendous opportunity for women's rights advocates in Africa, being the...


The effect of women's care-giving role on their social security rights

 Malherbe, Kitty and Lorenzo Wakefield 
 Kitty Malherbe and Lorenzo Wakefield show how roles traditionally allotted to women may obstruct their access to the right to social security. There are instances where women's care-giving role provides them with benefits they otherwise would not have had, such as child support grants.On the other hand, care-giving can...


The impact of traditional sex practices on the construction of female sexuality: an African human rights perspective

 Van der Poll, Letetia  

Letetia van der Poll critically evaluates the traditional African sex practices of dry sex and virginity testing against the backdrop of three key African human rights instruments. The article argues that such practices violate some of the most basic rights and freedoms of women, including their inherent dignity and...


Ukuqhwabela ukuba kuthathwe isigqibo sokugqibela somThetho wezona zigwebo ziphantsi

 Bedu, Ronnie 

Ngokoluvo olusebenzayo nolungagxeki ngokupheleleyo, abantwana bangumzekelo wethemba loluntu kunye nesiphiwo salo kwikamva lalo.' Ubu-ethe-ethe bolu luvo busenokungabi yonyani ngokupheleleyo, ingakumbi eMzantsi Afrika apho bekusenzeka rhoqo izenzo zolwaphulo-mthetho ezinobundlobongela obenziwa lulutsha.




FORUM CONTRIBUTION: The final curtain call for the Minimum Sentences Act

 Bedu, Ronnie 

Ronnie Bedu deals with the judgment of the Constitutional Court in Centre for Child Law v Minister of Justice and Constitutional Development and Others on the constitutionality of minimum sentences in respect of young offenders under 18 years of age.


FORUM CONTRIBUTION: The state of our democracy

 Tutu, Desmond 
 In the Annual Dullah Omar Memorial Lecture for 2008, Emeritus Archbishop Desmond Tutu reflects on 'The State of our Democracy'. The speech commences with a brief historical background of the past that South Africa inherited and sets the tone for the critical assessment that follows. It highlights some of the challenges inherited from the past which, if not dealt with, may 'augur ill' for the future. But the overall conclusion is that '[w]e have a wonderful land with immense potential'...


FORUM CONTRIBUTION: Women's rights in human rights systems: Past, present and future

 Pillay, Navanethem 

In the 2009 Dullah Omar Memorial Lecture, United Nations High Commissioner for Human Rights Navanethem Pillay contextualises many of the issues facing women that were raised in earlier articles.