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

Volume 19 - 2015



Editorial Volume 19

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In the face of judicial deference: Taking the minimum core of socio-economic rights to the local government sphere, pg 1

 Fuo, Oliver and Du Plessis, Anel 

This article advances an alternative perspective on the inception of the concept of a minimum core content for socio-economic rights in the South African context.  The authors reason that despite judicial resistance to adopt, develop and use the idea of a minimum core content in the courts' evaluation of...


Kenya's implementation of the Smuggling Protocol in response to the irregular movement of migrants from Ethiopia and Somalia, pg 29

 Barasa, Noela; Fernandez, Lovell 

This article studies the mixed movement of Somalis and Ethiopians to Kenya. It examines the modalities related to the smuggling of migrants and discusses economic exploitation of migrants by organised criminal networks, including corrupt Kenyan border officials. The criminalisation of migrants who are illegally present in Kenya is assessed...


The Zimbabwe Human Rights Commission: Prospects and challenges for the protection of human rights, pg 148

  Chiduza, Lovemore 
 In order to ensure the domestic protection of human rights, the Constitution of Zimbabwe establishes the Zimbabwe Human Rights Commission (ZHRC). In accordance with the Principles Relating to the Status of National Institutions (The Paris Principles) the Constitution mandates the ZHRC with a primary role of promoting and protecting human rights at all levels of society. The aim of this article is to look at the prospects and challenges of the ZHRC in its quest to promoting and protecting human rights...


Insufficient access to substance abuse treatment centres for illicit drug users and its potential effect on a foetus: A breach of the right to access healthcare services, pg 65 Page-start: 65 Page-end:

 Lutchman, Salona 

This article argues that the state is in breach of article 27 of the Constitution, specifically the right to access health care services, in that it has failed to provide sufficient free substance abuse treatment centres and facilities in South Africa for abusers of illicit drugs. It is argued...


Institutionalising a military judicial office and improving security of tenure of military judges in South Africa, pg 79

 Tshivhase, Aifheli Enos 

Military justice systems are facing some difficult questions in many parts of the world. South Africa is not an exception. The biggest challenge probably relates to the judicial independence of military courts. This article advances the idea of institutionalisation of a military judicial office. It reviews some global trends...


An overview analysis of selected challenges in the enforcement of the prohibition of insider trading and market manipulation in the European Union and South African regulatory frameworks, pg 94

 Chitimira, Howard 

Cross-border trading in securities has caused a great number of challenges for various national regulators, especially with regard to the enforcement of market abuse laws. Accordingly, the need for strong co-operation and co-ordination between such regulators became crucial and inevitable for the purpose of combatting market abuse in the European...


The unresolved ethnic question in Uganda's district councils, pg 107

  Singiza, Douglas Karekona and de Visser, Jaap 

Local democracy has great potential to promote co-operation and respect across the political spectrum. By its very design, local democracy may produce different results in different jurisdictions, resulting in political diversification. After elections, local political leaders, irrespective of their political or ethnic inclination, must work together under the broad...


Revisiting legal harmonisation under the Southern African Development Community Treaty: The need to amend the Treaty, pg 127

 Shumba, Tapiwa 

Internationally, there is agreement that conflicts and divergences arising from the laws of different States in matters relating to international trade constitute obstacles to the development of world trade. In southern Africa, diverse, fragmented, archaic and at times inaccessible, laws are major barriers to the free flow of goods in...


The Investor-State Dispute Resolution Forum under the SADC Protocol on Finance and Investment: Challenges and opportunities for effective harmonisation, pg 175

 Ngobeni, Lawrence; Fagbayibo, Babatunde  

As a critical element of enhancing the investment climate in Southern Africa, the Southern African Development Community (SADC) Protocol on Finance and Investment (FIP) requires Member States to harmonise their investment policies, laws and practices with its provisions, with the objective of creating a SADC investment zone. The FIP...


Using courts of law to tackle poverty and social exclusion: The case of post-2010 Kenya, pg 193

 Oloka-Onyango, Joe 

While it took over 20 years of ferocious street action, post-election violence and several abortive efforts at enactment, the arrival of Kenya's 2010 Constitution was well worth the long and conflicted wait.  A number of major changes introduced stand out for consideration, the first being the amendments to the power...


An investigation into the causes of violent strikes in South Africa: Some lessons from foreign law and possible solutions, pg 211

 Tenza, Mlungisi 
 The incidence of violence during strikes has become a problem not only for employers but also for the economy.  It remains difficult to address the issue of violent strikes in South Africa using the existing labour law. The bargaining system does not make provision for mechanisms that can be used to deal with the issue of strike related violence. The eruption of violence during a strike affects members of society who are in no way part of the dispute between the employer and the union. It seems that the system somehow fails the people of South Africa when it comes to strikes and consequential violence. The question this article considers is whether and how the law may be used to address violence during strike action...


Refugees and asylum seekers: Barriers to accessing South Africa's labour market, pg 232

 Kavuro, Callixte 

This article demonstrates that the employment of those who are seeking or granted asylum in South Africa is very challenging. The challenges range from ill-sentiment towards non-citizens to legal and procedural barriers, such as, measures that are taken by different role players to protect citizens with regards to accessing...


Book review: Socioeconomic rights in South Africa: Symbols or substance? pg 261

 Durojaye, Ebenezer 

In this contribution, the author reviews the book, Socioeconomic Rights in South Africa: Symbols or Substance? Edited by Malcom Langford, Ben Cousins, Jackie Dugard and Tshepo Madingozi and published in 2014 by Cambridge University Press.