REFEREED ARTICLES
Geography, marginalisation and the performance of the right to have access to health care services in Johannesburg, pg 1 | ||
| Pieterse, Marius | ||
Rights are not exercised in the abstract or in a vacuum, but are rather performed in a variety of physical contexts and settings, and through a variety of physical actions and interactions. It is therefore essential that laws and policies aimed at realising rights pay attention to their geographical and... |
Does the South African Pension Funds Adjudicator perform an administrative or a judicial function? pg 20 | ||
| Mhango, Mtendeweka | ||
This article examines the powers, role and functions of the Pension Funds Adjudicator with a view to determine whether the Adjudicator's functions are administrative or judicial in nature. In recent years, South African courts have disagreed on this question and have offered different interpretations of the nature of the functions... |
An overview of South Africa's institutional framework in promoting women's right to development, pg 46 | ||
| Stevens, Clydenia; Ntlama, Nomthandazo | ||
The article provides a brief overview of the Chap 9 institutions with particular reference to the South African Human Rights Commission and the Commission for Gender Equality as established in terms of South Africa's 1996 Constitution in the quest to promote women's right to development. The focus on these institutions... |
The role of traditional leaders in Zimbabwe: Are they still relevant? pg 69 | ||
| Chigwata,Tinashe | ||
In Zimbabwe, 67 per cent of the population resides in rural (communal) areas where the institution of traditional leadership, rather than modern state structures, is the immediate form of government. The institution of traditional leadership plays a crucial role in the governance of these rural communities. Its role, however, ... |
Exploring the citizen inclusiveness and micro-economic empowerment aspects of regional integration in Africa, pg 91 | ||
| Lehloenya, Palallo Michael; Mpya, Maropeng Norman | ||
A significant number of regional blocs have emerged on the African continent which often cite the liberation of their Members' citizens from poverty and hardship as one of their main goals. In reality, however, there have been numerous instances where the actions of these groupings and their Members have raised... |
Dismissal of an employee at the instance of a client: Revisiting Nape v INTCS Corporate Solutions (Pty) Ltd in the context of the Labour Relations Amendment Act 6 of 2014, pg 106 | ||
| Nkhumise, Ramokgadi Walter | ||
This article interrogates the challenges related to employees whose services have been procured through temporary employment services. More recently there have been some serious efforts by the legislature to regulate labour broking in an attempt to protect employees whose services are procured through temporary employment services. The purpose of this... |
The state of political inclusion of ethnic communities under Kenya's devolved system, pg 131 | ||
| Nyabira, Ben Christopher; Ayele, Zemelak | ||
Inter-ethnic relations in Kenya have been characterised by deep animosity and suspicion. This is mainly due to the political and economic exclusion of various ethnic communities of the country both before and after Kenya became an independent country. The political exclusion was exacerbated as the country increasingly became centralised, leading... |
Integrating the traditional with the contemporary in dispute resolution in Africa, pg 154 | ||
| Aiyedun, Adenike; Ordor, Ada | ||
Traditional justice systems remain and thrive in various forms on the African continent, serving large populations located mainly in rural communities. Customary law is not static and, consequently, changes in traditional perceptions of substantive and procedural justice have over time informed the articulation of concepts, such as, the restatement... |
Formation of a government in Lesotho in the case of a hung parliament, pg 174 | ||
| Nyane, Hoolo | ||
The reform of the electoral system in Lesotho from the constituency based to a mixed one has affected not only the structure of constitutional democracy but also the dynamics of parliamentary politics. Prior to the reforms, political contestation - which was largely majoritarian '“ was aimed at an outright... |
The application of the doctrine of res judicata in political rights cases: National Freedom Party v Electoral Commission and Others (2016), pg 192 | ||
| Dube, Angelo; Machaya, Musavengana | ||
The South African Constitution provides for the right of every citizen to free and fair regular elections. This right is often enjoyed through the instrumentality of political parties, which are the vehicles through which most candidates come to hold office. This constitutional right is further given effect to by... |
Confronting selected difficulties associated with the enforcement of res judicata in South Africa with reference to Samancor v Rham Equipment (532/13) [2014] ZASCA 66, pg 215 | ||
| Chitimira, Howard | ||
Estoppel prohibits a person (asserter) from asserting something contrary to what is implied by the previous action, conduct or statement of that person or by a previous pertinent judicial determination regarding such action, conduct or statement. There are various types and/or principles of estoppel that govern the application and... |
Revisiting the participation of traditional leaders in municipal councils in South Africa, pg 200 | ||
| Mathenjwa, Mbuzeni; Makama, Porsche | ||
The role of traditional leaders in governance dates back to long before the colonial conquest of South Africa, when the chief as head of indigenous African government employed traditional councillors as a means of reaching people through the traditional councils. After the onset of colonial conquest, African leaders were... |