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

Volume 15 - 2011



Editorial 2011 (1): Breaking new ground - the only way to go? pg 1


LDD's first year as an open-access electronic journal has flown by, and two things can be said: while it's been a learning curve, we are still just beginning to discover the potential of this medium of publication. Google tells part of the story. Any search for the journal...


Editorial 2011 (2), pg 4


On Thursday 16 June 2011 the International Labour Conference, meeting in Geneva for its 100th session, adopted Convention 189 on Domestic Workers (by 396 votes to 16, with 63 abstentions), supported by Recommendation 201 (adopted by 434 votes to 8, with 42 abstentions).

This is not the end of...


Editorial 2011 (3): Kader Asmal's legacy will live on, pg 8


The news of Kader Asmal's death has left a sense of shock and loss, not only in the UWC community, not only among his comrades in the African National Congress but in many circles of society, in South Africa and abroad, where his forthright and often controversial views found...


Editorial 2011 (4) pg 11


This special issue of Law, Democracy & Developmentfocuses on strengthening parliamentary oversight and civil society participation with Parliament to improve the implementation of human rights in South Africa. It has grown out of the work of the Parliamentary Programme at the Community Law Centre, University of the Western Cape...




Chewing more than one can swallow: The creation of new districts in Uganda, pg 19

 Singiza, Douglas Karekona and Jaap de Visser 

As is the case in many other developing countries, Uganda's decentralisation programme is designed to promote grassroots democracy and participatory development. However, it is argued in this paper that it is also meant to accommodate Uganda's diverse identities and culture.

Uganda has undergone a process of decentralisation in which...


Fiscal autonomy of urban councils in Zimbabwe: A critical analysis, pg 37

 Marumahoko, Sylvester and Yonatan Tesfaye Fessha 

There is a growing realisation that urbanisation has overstretched the ability and efforts of central governments to serve from the centre, giving rise to the search for a robust decentralisation policy that vests urban local government with some level of autonomy. However, efforts to capacitate urban councils through the...


Following the NAFTA Star: SADC land reform and investment protection after the Campbell litigation, pg 59

 Ndlovu, Lonius 

This paper analyses the recent Southern African Development Community (SADC) Tribunal Campbell case from a trade and investment protection perspective. In the Campbell case the issue of the forcible expropriation of farm land without compensation by the Zimbabwean government was raised before the Tribunal in a human rights context.



In our common interest: Liability and redress for damage caused to the natural environment during armed conflict, pg 90

 Van der Poll, Letetia and Ashraf Booley 

Although not generally accorded primary consideration during armed conflict, a vast number of provisions aimed at protecting the natural environment in times of war exist under international law. This article critically and comprehensively examines the challenges presented in terms of liability and redress for damage caused to the natural...


Local government in Ethiopia: Still an apparatus of control? pg 133

 Ayele, Zemelak 

Historically, local authorities in Ethiopia enjoyed wide political, administrative, judicial, and financial autonomy. However, from the 1850s a process of territorial expansion and centralisation was initiated in the country.

The centralisation process reached its zenith under the rule of Colonel Mengistu in the 1980s. This centralisation gradually diminished the autonomy...


Privatisation, human rights and security: Reflections on the Draft International Convention on Regulation, Oversight and Monitoring of Private Military and Security Companies, pg 182

 Juma, Laurence 

Efforts to establish regulatory frameworks for private military/security companies (PMSCs), driven by public security concerns as well as private interests of the companies themselves, have yielded a number of soft law instruments. Unfortunately, most of these instruments are conditioned by the underlying interests of their promulgators and have therefore...


The Ethiopian Federal Ethics and Anti-Corruption Commission: A Critical Assessment, pg 215

 Mezmur, Tewodros and Raymond Koen 

The Ethiopian FEACC is a dedicated anti-corruption agency, invested with expansive powers to combat corruption in the country. It was established in 2001 in the context of the accelerated internationalisation of anti-corruption law. The mandate of the FEACC is wide, spanning the prevention, investigation and prosecution of all forms...


The right of access to sufficient water in South Africa: How far have we come? pg 244

 Heleba, Siyambonga 

It has become internationally recognised that the right of access to water is fundamental to life and health. Furthermore, it is indispensable for leading a life of human dignity.The South African Constitution expressly recognises this right.

This paper examines to what extent the South African government has met its...


The hollowing-out of trade union democracy in COSATU? Members, shop stewards and the South African Communist Party, pg 279

 Hirschsohn, Philip 

The South African labour movement's strength has often been attributed to the vitality of local democratic structures and institutionalised mechanisms of worker control that govern unions affiliated to the Congress of South African Trade Unions (COSATU). Workers and shop-stewards continue to participate actively in local union activities and sustain democratic...


Using International Human Rights Law to Promote Constitutional Rights: The (Potential) Role of the South African Parliament, pg 311

 Chenwi, Lilian 

Parliaments are guardians of human rights due to their role of representing the people in the management of public affairs. The activities of parliaments cover the entire spectrum of human rights and have an immediate impact on the enjoyment, protection and promotion of rights.

In South Africa, the...


The school funding system and its discriminatory impact on marginalised learners, pg 339

 Arendse, Lorette 

South Africa in reality harbours two separate education systems in its public school domain: one consisting of the former white schools, which is adequately resourced, and the other constituting the township and rural schools entrenched in abject poverty. The current school funding system perpetuates this state of inequality.





FORUM CONTRIBUTION: Promoting FOCAC more maturely in the next decade, pg 500

 Zhang, Zezhong 

The Forum on China-African Cooperation (FOCAC) has entered its second decade. Though the political driving force remains vital, development towards a more mature, long-term stable and effective cooperation mechanism and organisation has become unavoidable.

The article argues that suitable forms of institutionalisation include establishing a joint FOCAC Council of...


FORUM CONTRIBUTION: Not only the business of the state, but also a business of all: State reporting in South African and popular participation, pg 514

 Kollapen, Jody 

The author argues that, when one turns to the subject of South Africa's state reporting in relation to international human rights law, three issues consistently come to light: delays in the submission of reports; problems with their content; and lack of consultation in their development.

To address these issues...