REFEREED ARTICLES
People want to work, yet most have to labour: Towards decent work in South African supply chains, pg 1 | ||
| Von Broembsen, Marlese | ||
The rights of labour have been described as 'claims of reciprocity for the reality of being labour'. For over 12 million unemployed South Africans the possibility of labour is denied, and those who labour informally increasingly enjoy limited 'claims of reciprocity' despite wide-reaching labour and employment laws and the... |
The state of civil society participation in Parliament, pg 29 | ||
| Muntingh, Lukas | ||
This article explores the extent of public participation in the legislative, oversight and accountability mandates of Parliament. From the analysis of data on public participation in the work of Parliament the key conclusion is drawn that the current state of public participation is almost exclusively focussed on the legislative... |
Application of the African Charter by African sub-regional organisations: Gains, pains and the future, pg 49 | ||
| Ebobrah, Solomon T | ||
When the African Charter on Human and Peoples' Rights was adopted in 1981, its founding fathers may have envisaged and hoped that the spirit and content of the Charter would seep down into municipal legal systems for the benefit of African citizens. However, it is doubtful if even the... |
A foreskin too far? Religious, medical and customary circumcision and the Children's Act 38 of 2005 in the context of HIV/AIDS, pg 69 | ||
| Sloth-Nielsen, Julia | ||
This article analyses the legal framework surrounding male circumcision (infant and youth) in South Africa, having explained the requirements of international human rights law. Provincial legislation regulating traditional circumcision is detailed, followed by an explanation and analysis of the relevant provisions of the Children's Act 38 of 2005 and... |
Gender-specific HIV policies and programmes at South African workplaces, pg 89 | ||
| Vettori, Stella | ||
The purpose of this article is to explore how legislation and common law can be creatively interpreted in the light of the Constitution, soft law and international law so as to create legal duties on the part of employers to implement gender-specific policies and practices in the fight against... |
Towards a human rights-based approach to trade and investment in Africa in the context of globalisation, pg 101 | ||
| Mubangizi, John C | ||
This article explores the implications of globalisation in Africa, in the specific context of human rights, trade and investment. It begins by discussing the meaning of, and the relationship between, human rights and globalisation. The article also explores the relationship between globalisation, trade and investment on one hand and... |
Between tax competition and tax harmonisation: Coordination of value added taxes in SADC member states, pg p 119 | ||
| Letete, Puseletso | ||
This paper examines strategies which can be adopted for achieving regional integration through the harmonisation of value added tax (vat) laws in Southern Africa. The paper looks into the extent to which harmonisation of vat in SADC member countries can be used as one of the tools towards economic... |
Democracy and pretend democracies in Africa: Myths of African democracies, pg 139 | ||
| Uwizeyimana, Dominique E | ||
Based on the analysis of a number of printed and electronic media, this paper rejects the myth of a special kind of African democracy as well as the claim perpetrated by some African leaders that western liberal democracy is not compatible with African traditions. Literature shows that democracy as... |
Defining the term basic education in the South African Constitution: An international law approach, pg 162 | ||
| Simbo, Chiedza | ||
This paper locates the term basic education in international law and recognises it as a term defined by the World Declaration on Education for All. The paper argues that the term basic education provided by the South Africa Constitution connotes the quality of education that the government should provide... |
Protecting inmates' dignity and the public's safety: A critical analysis of the new law on medical parole in South Africa, pg 185 | ||
| Albertus, Chesne | ||
This article discusses the new medical parole system introduced by the Correctional Services Amendment Act 5 of 2011. It seeks to establish whether the new system is capable of giving effect to inmates' right to dignity and the public's right to safety. Specific questions are posed to ascertain the... |
The narrative of vulnerability and deprivation in protection regimes for the internally displaced persons (IDPs) in Africa: An Appraisal of the Kampala Convention, pg 219 | ||
| Juma, Laurence | ||
Domestic legal systems are often incapable of providing protection to internally displaced persons (IDPs) to the level warranted by international and regional standards. This article suggests that one of the reasons for this anomaly is that international and regional protection regimes respond to the narrative of vulnerability and depravation... |
Constructing the Amicus Curiae Procedure in Human Rights Litigation: What can Uganda Learn from South Africa? pg 199 | ||
| Mubangizi, John C and Christopher Mbazira | ||
The amicus curiae procedure is gradually entrenching itself as part of judicial and legal practice. Human rights activists and advocates the world over are increasingly using this procedure in both domestic and international courts as a tool for influencing the outcomes of judicial proceedings. The amicus curiaeprocedure is... |
FORUM CONTRIBUTIONS
FORUM CONTRIBUTION: Towards a more activist parliament more engaged with civil society | ||
| Carrim, Yunus | ||
This contribution consists of the edited text of a speech delivered by Yunis Carrim at the launch of the Community Law Centre's Parliamentary Programme in Cape Town on 20 October 2010, and is reproduced here because of the importance of the issues it addresses in the context of South... |