Editorial Volume 17
|This volume contains contributions from seasoned and young academics dealing with issues such as the developments in Dutch law regarding sexual morality, in particular pornography; the decision of the Kenyan High Court in relation to the nature of states’ obligations to ensure access to medicines for their people; money laundering through an attorney’s trust account (case note); derogation from constitutional rights and the African Charter on Human and Peoples’ Rights; Uganda’s civil courts and the administration of military justice...|
Pornography is going online: The harm principle in Dutch law, pg 1
This article analyses the developments in Dutch law regarding sexual morality, in particular pornography, in view of the diverse positions in the philosophical debate on the relation between law and sexual morality.
This article analyses the developments in Dutch law regarding sexual morality, in particular pornography, in view of...
States' Obligations in Relation to Access to Medicines: Revisiting Kenyan High Court Decision in P.A.O and Others v Attorney General and Another, pg 24
|Durojaye, Ebenezer and Mirugi-Mukundi, Gladys|
This paper examines the decision of the Kenyan High Court in P.A.O and others v Attorney General and another in relation to the nature of states' obligations to ensure access to medicines for their people.
Recently a Kenyan High court in P.A.O and others v Attorney General and another...
Phishing in the World Wide Web ocean: Roestof v Cliffe Dekker Hofmeyr Inc: A case of cyber laundering through an attorney's trust account, pg 49
This article explores the situation where money was fraudulently transferred out of the account of an attorney via a phishing scam and then laundered through the trust account of a well-known firm of attorneys. The legal profession has become a target for money launderers to clean their ill-gotten gains...
'One moment of extreme irresponsibility': Notes and comments on Humphreys v S and the volitional component of dolus eventualis in the context of dangerous or irresponsible driving, pg 64
|Van der Merwe, Hermanus|
The 2013 judgment of the Supreme Court of Appeal in Humphreys v The State has provided a measure of clarity as regards the application of the principles of dolus eventualis, particularly the volitional component thereof in the context of dangerous or irresponsible driving. The 2013 judgment of the Supreme Court...
Derogation from constitutional rights and its implication under the African Charter on Human and Peoples' Rights, pg 78
|Ali, Abdi Jibril|
Although the African Charter on Human and Peoples' Rights does not include a derogation clause, most States parties' constitutions contain derogation clauses. It is argued that these constitutions, to the extent that they contain derogation clauses, do not comply with the African Charter on Human and Peoples' Rights.
Uganda's civil courts and the administration of military justice: An appraisal of their jurisprudence on selected issues, pg 111
This article appraises the jurisprudence of Uganda's civil courts on selected issues concerning the administration of military justice.
In the last two decades, Uganda's civil courts have pronounced themselves on a number of issues concerning the administration of military justice in the country. These issues range from the...
Who is watching the watchers? A critical assessment of the Independent Police Investigative Directorate's prospects of investigating misconduct in the South African Police Service, pg 132
|Vawda, Yousuf A and Mtshali, Mangaliso|
This article examines whether the recently established Independent Police Investigative Directorate (IPID) has the potential to be an effective oversight mechanism to ensure accountability in respect of SAPS. Recent events have again turned the public spotlight on the conduct of police officers in the execution of their duties. The...
Special interest councillors in Zimbabwe: A review of law and practice in terms of the 2013 Constitution, pg 157
|De Visser, Jaap and Mapuva, Jephias|
Local governance in Zimbabwe has a chequered history. Despite high hopes for democratic local governance on the attainment of political independence in 1980, it has often defied democratic practice and is yet to bring tangible benefits to communities. Attempts at democratising local governance through the amendment of local government...
The relevance of a multidisciplinary interpretation of selected aspects related to women's sexual and reproductive health rights in Africa, pg 177
The inappropriate social status generally attributed to women in most African communities has directly affected their autonomy regarding their right to sexual and reproductive health. Also, this status and their subsequent lack of sexual autonomy has not only increased their risk of sexual health problems, but has also decreased...
The social model of disability, rights discourse and the impact of South Africa's Education White Paper 6 on access to the basic education system for persons with severe or profound intellectual impairments, pg 202
|Du Plessis, Meryl|
This article considers the contribution of the social model of disability and rights discourse to the advancement of education to persons classified as having severe or profound intellectual impairments. It is argued that while the rhetorical significance of both the social model and rights discourse are not to be...
Boko Haram: An enquiry into the socio-political context of Nigeria's counter-terrorism response, pg 226
From small reclusive beginnings steeped in pietistic Salafism, Boko Haram has evolved into a real threat to national security in Nigeria. A factor that cannot be overlooked in the sect's emergence and transformation is the regrettable history of ethno-religious differences that are now perhaps at an all-time high in...
Securing land rights in rural communities of Nigeria: Policy approach to the problem of gender inequality, pg 253
|Madu, C Jonathan|
A society's ability to define and, within a broad system of the rule of law, establish institutions that can enforce property rights to natural assets has been found to be a critical precondition for social and economic development. The Nigerian Land Use Act of 1978 was meant to usher...
Poverty as injustice, pg 273
|Brand, Danie; De Beer, Stephan; De Villiers, Isolde; and Van Marle, Karin|
In this exploratory article the authors focus on a tendency in discourses on poverty to reduce poverty to a practical problem, and efforts to find solutions to poverty to practical, instrumentalist (social) scientific thinking. Working from a theoretical position informed by, among others, Constable, Bergowitz, Foucault, De Certeau, Friedman...
From a cat into a lion? An overview of the progress and challenges of the African human rights system at the African Commission's 25 year mark, pg 298
The roots of the African human rights system lie in the African Charter on Human and Peoples' Rights. In many respects, the Charter came about as a compromise between a genuine attempt to curtail state sovereignty in order to enhance rights protection, on the one hand, and efforts to...
Seven years in business: Evaluating developments at the African Court on Human and Peoples' Rights, pg 317
|Nmehielle, Vincent O|
This article provides an early evaluation of the work of the African Court on Human and Peoples' Rights in the first seven years of its existence. It interrogates developments at the Court within this period in terms of how the Court has approached its mandate. The article makes clear...
The right to adequate housing in the African regional human rights system: Convergence or divergence between the African Commission and South African approaches, pg 342
The African Charter on Human and Peoples' Rights makes no mention of the right to housing. Notwithstanding this limitation, the African Commission on Human and Peoples' Rights has creatively, and through applying the principle of interdependence of rights, interpreted other rights in the Charter to include a right to...
The approaches of the African Commission to the right to health under the African Charter, pg 393
This article examines the right to health guaranteed under the African Human Rights system and the approaches the African Commission has adopted in interpreting the content of this right. The article starts by examining in detail the provisions of the right to health under international human rights law and...
Litigating socio-economic rights in domestic courts: The Kenyan experience, pg 419
|Arwa, Jotham Okome|
The first Kenyan Constitution, which was negotiated at independence, incorporated many of the conventional civil and political rights, but was conspicuously silent on socio-economic rights. This created a situation where very little attention was given to socio-economic rights and culminated in a socio-economic crisis. The socio-economic situation in Kenya...
Litigating human rights in South Africa: The experience of the Centre for Applied Legal Studies, pg 444
The Centre for Applied Legal Studies ('CALS') has been involved in litigation aimed at the protection of human rights for more than three decades. CALS has witnessed and experienced the oppressive system of apartheid, worked in South Africa through the transformation into a new democracy, and continues its work...
The European Union as a model for regional integration in the Southern African Development Community: A selective institutional comparative analysis, pg 457
The Southern African Development Community (SADC) copied the European Union (EU) model of integration. The creation of many regional integration initiatives in Eastern and Southern Africa has been based on the EU model and the SADC's admiration for this format of integration is undisputed. First, this paper gives a...
The right to basic education, the South African constitution and the Juma Musjid case: An unqualified human right and a minimum core standard, pg 477
Whilst adjudicating socio-economic cases brought before it, the Constitutional Court has stated more than once that the minimum core concept devised by international law is not applicable when interpreting socio-economic rights in the South African Constitution. Based on the qualified nature of the rights previously interpreted by the Constitutional...
Human rights litigation using international human rights law: The IHRDA experience, pg 504
In this rather short article, I share a few experiences of the Institute for Human Rights and Development in Africa (IHRDA) in advancing human rights using the African Charter on Human and Peoples' Rights and related instruments through litigation. By reference to a sampling of cases litigated by, or...