REFEREED ARTICLES
Rights discourse and practices, everyday violence and social protests: Who counts as subject and whose lives are real in the neo-colonial South African nation state? pg1 | ||
| Stewart, Linda | ||
This article seeks to illustrate the disjunction between the lived realities of marginalised, displaced and impoverished collective bodies in the neo-colonial South African nation state and the language, politics and practices of human or constitutional rights that represent them. The article commences with a discussion of the relationship... |
The SADC regional bloc: What challenges and prospects for regional integration? pg 22 | ||
| Mapuva, Jephias; Muyengwa-Mapuva, Loveness | ||
Regional integration has been a global phenomenon seeking to strengthen the economic performance of countries within a specific bloc. In Africa, different regional economic blocs have manifested themselves as fronts for preferential trade, a bulwark against tariff regimes, as well as legal forums for co-operation and trade liberalisation. The... |
Divorce and the law of Khul: A type of no fault divorce found within an Islamic legal framework, pg 37 | ||
| Booley, Ashraf | ||
The non-recognition of Muslim marriages in South Africa goes back as far as the case of Seedat's Executors v The Master (Natal)where the Appellate Court in 1917 expressly stated that 'with us marriage is the union of one man with one woman, to the exclusion, while it lasts, ... |
Driving corporate social responsibility through Black economic empowerment, pg 58 | ||
| Kloppers, Henk | ||
Black economic empowerment (BEE) is one of the primary instruments in the government's attempt to redress the legacy of apartheid and is ultimately aimed at empowering Black South Africans to fully participate in all spheres of society in order to address economic inequalities. The BEE framework attempts on a... |
Reflections on the rejection of the right to sexual orientation by the institution of traditional leadership: Lessons from South Africa, pg 80 | ||
| Ntlama, Nomthandazo | ||
The quest for the removal of the right to sexual orientation in the Constitution of the Republic of South Africa by the institution of traditional leadership has generated debate on the regulation of traditional authority in line with the foundational values of the new dispensation. The debate, among others, ... |
South Africa's post-apartheid microcredit-driven calamity, pg 92 | ||
| Bateman, Milford | ||
Although once universally lauded in international development community circles as a 'magic bullet", in recent years the concept of microcredit has been increasingly recognised as having had a number of seriously adverse impacts in precisely those countries, regions and localities wherein it has gained the strongest foothold. This paper... |
Assessing the nature of competition law enforcement in South Africa, pg 136 | ||
| Prins, Deon and Koornhof, Pieter | ||
There has been speculation in South African law in recent years regarding the nature and scope of the powers and duties conferred on the local competition authorities. This is due in part to divergent opinions in case law surrounding the nature and scope of the powers of the competition... |
Before the camel's back is broken: How Malawi provides succour to employers by jettisoning the payment of a severance allowance and pension benefits at the same time, pg 164 | ||
| Mhango, Mtendeweka | ||
This article discusses the problems surrounding the double payment of a severance allowance and private pension benefits in Malawi. It starts by discussing the case law developments following the enactment of the Employment Act 2000 and its subsequent amendments, which were repeatedly struck down by the courts. The article... |
Contemporary trends in provincial government supervision of local government in South Africa, pg 178 | ||
| Mathenjwa, Mbuzeni | ||
The purpose of this article is to establish whether the practice of provincial government supervision of local government corresponds to the legal position and whether, perhaps, adjustments are required to bring the practice of supervision in line with the established legal position. The article is based on law as... |
The Amended Government Procurement Agreement: Challenges and opportunities for South Africa, pg 202 | ||
| Kollamparambil, Umakrishnan | ||
The amended Plurilateral Agreement on Government Procurement, aimed at liberalising and increasing transparency in procurement markets, was signed by 42 countries in March 2012. South Africa has not been open to GPA because of the preferential procurement policy envisaged in its Constitution. This article discusses the characteristics of South... |
Development as a right in Africa: Changing attitude for the realisation of women's substantive citizenship, pg 224 | ||
| Ozoemena, Rita and Hansungule, Michelo | ||
The right to development is entrenched in Africa-based international human rights instruments. Yet, the majority of African people suffer great indignity due to poverty occasioned by inequality and disempowerment. The group most affected are women and their vulnerability is further exacerbated where the majority of them do not enjoy... |
Human rights, core labour standards and the search for a legal basis for a trade-labour linkage in the multilateral trade regime of the World Trade Organisation, pg 240 | ||
| Warikandwa, Tapiwa V and Osode, Patrick C | ||
The multilateral rules which regulate international trade do not effectively recognise a need to protect core labour standards in trade. The omission of a trade-labour linkage clause in the legal framework of the World Trade Organisation (WTO) compromises social justice. The incorporation of such a clause would advance efforts... |
The political question doctrine in Uganda: A reassessment in the wake of CEHURD, pg 264 | ||
| Dennison, Brian D | ||
The political question doctrine obliges courts to set aside certain government actions and decisions from judicial review. The doctrine emerged in the United States in the early 19th Century. It first appeared in Ugandan jurisprudence in Ex parte Matovu (1966). After Matovu, the doctrine kept a relatively low profile... |
Devolution of power in Zimbabwe's new constitutional order: Opportunities and potential constraints, pg 289 | ||
| Moyo, Philani and Ncube, Cornelias | ||
Zimbabwe adopted a new constitution in May 2013 replacing the negotiated transitional Lancaster House constitution. This new constitution introduced devolution of power as a new governance model for Zimbabwe to replace deconcentration on the premise that devolution is a more democratic, citizen-centred, participatory, more transparent, accountable and locally relevant... |
After the Novartis judgment - 'Evergreening' will never be the same again! pg 305 | ||
| Vawda, Yousuf A | ||
This article traces the genesis of Indian patent law with regard to the protection of product patents for medicines, reviews the changes brought by the TRIPS Agreement and India's measures to become compliant with this international regime, reviews the legal and policy arguments raised in the Novartis case, and... |
Regional integration in the area of intellectual property: The case for Southern African Development Community involvement, pg 317 | ||
| Nkomo, Marumo | ||
| The Southern African Development Community (SADC) has played an important role in efforts to integrate the economies of its Members. This has been most prominent in the context of trade in goods and, most recently, services. While the SADC Protocol on Trade makes perfunctory reference to the need for its Members to comply with the Agreement on Trade Related Aspects of Intellectual Property Rights, there are no substantive or operational provisions outlining the proposed contribution of the SADC to this end. As cross-border trade and economic integration within the region increase, the existing territorial approach to intellectual property is becoming more and more inadequate. The existing regional intellectual property organisations in Africa have sought to bring a regional approach to intellectual property on the continent. African Regional Intellectual Property Organisation, the dominant forum as far as SADC countries are concerned, operates in a fragmented manner which can be seen to frustrate the business simplification objective of regional integration. Certain institutional limitations also call into question the suitability of the body as an appropriate platform for the advancement of regional integration in the context of intellectual property. This article makes a case for the participation of the SADC... |
A critique of the protection afforded to non-standard workers in a temporary employment services context in South Africa, pg 334 | ||
| Tshoose, Clarence and Tsweledi, Benjamin | ||
Atypical employment relations, such as part-time work, temporary employment services, short-term, contingent work and independent contracting, have become increasingly prominent ways of organising work in recent years. Given its flexibility, labour broking is an international phenomenon, indicative of the needs of a rapidly changing global village, where industries expand... |