Editorial 1998 (2)
In this edition of Law, Democracy and Development the focus falls on two broad themes - the realisation of socio-economic rights and the public funding of political parties during the upcoming election in May 1999. The inclusion of socio-economic rights in the South African Constitution of 1996 set a...
'So many legislative changes with such little impact' - a gender analysis of labour reform
Two significant pieces of legislation - the Basic Conditions of Employment Act and the Employment Equity Act - were enacted in 1997 and 1998. Their aim was, inter alia, to address discrimination and exploitation in the workplace.
Roseline Nyman examines women's status in the labour market as a category...
Access of political parties to the media during election campaigns
|De Vos, Pierre|
The most expensive item in any political party's election budget is access to the media, in particular the electronic media. This may lead to influence-peddling by monied interests.
Pierre de Vos argues that the state should indirectly fund political parties by providing free access to state-controlled media. To enhance...
Guaranteeing loans to and by municipalities: The legal framework, problems and solutions
|Ailola, David A|
Local government is one of the key state institutions charged with the task of realising socio-economic rights. Central to discharging this obligation is access to adequate financial resources.
Loan capital is one of the imporant sources of finance. The Constitution provides that the national government, a provincial government or...
Introduction to socio-economic rights in the South African Constitution
|Heyns, Christof and Brand, Danie|
Christof Heyns and Danie Brand outline the initial debate over the inclusion of socio-economic rights in the 1993 South African Constitution and their eventual formulation in the 1996 Constitution. The authors distinguish between the norm-setting and norm-enforcement provisions relating to socio-economic rights.
They point out that although a number...
Public Funding of Represented Political Parties Act 103 of 1997 and the implementation of section 236 of the 1996 Constitution
With the second democratic election scheduled for May 1999, one aspect of electoral law is of particular importance - the financing of political parties in general and election campaigns in particular. Nico Steytler examines whether the Public Funding of Represented Political Parties Act of 1997 meets the requirement of...
The horizontal application theory and its influence on freedom of agreement in the law of contract - a South African perspective
|Van Huyssteen, Louis|
Linked to socio-economic rights is the question of freedom of contract. Louis van Huyssteen examines the effect the horizontal application of the South African Bill of Rights may have on freedom of contract.
He concludes that although freedom of contract as such is not protected in the Bill of...
The horizontal application theory and its influence on the freedom of contract - a French point of view
In a comparative note, Emmanuel Putman reflects on the status of freedom of contract in France. He notes that both French and European law give indirect protection to freedom of contract through other fundamental rights or general principles, such as freedom of enterprise.
More problematically, however, contractual clauses may...
The place and recognition of socio-economic rights in France
In contrast to the explicit inclusion and clear formulation of socio-economic rights in the South African Constitution, the protection of these rights in France occurred by a circuitous route through judicial intervention. Xavier Philippe explains how the Constitutional Council decided in 1971 that the reference in the 1958 Constitution...
An interpretation of 'relevant organs of state' in section 184(3) of the Constitution and their duty to provide information on socio-economic rights to the South African Human Rights Commission
With regard to the enforcement of socio-economic rights, the monitoring role of the South African Human Rights Commission is termed 'soft" enforcement. Karrisha Pillay explores the scope of this task by analysing the definition of a "relevant organ of state" that must report to the HRC.
An "organ of...