REFEREED ARTICLES
Between separation of powers and justiciability: Rationalising the Constitutional Court's judgment in the Gauteng E-tolling litigation in South Africa, pg 1 | ||
| Okpaluba, Chuks; Mhango, Mtendeweka | ||
Although the question in both National Treasury v Opposition to Urban Tolling Alliance 2012 (6) SA 223 (CC) (SANRAL 1) and Magidiwana and another v President of the Republic of South Africa and others 2013 (11) BCLR 1251 (CC) (Marikana 1) was whether the apex court could make the... |
Higher education access in South Africa for students with criminal records, pg 25 | ||
| Mugume, Taabo | ||
Research shows that education is an important resource in lowering recidivism and increasing life opportunities for previously incarcerated individuals. Therefore, access to higher education is essential for re-integration into communities. This article explores the mechanisms that South African universities have in place to encourage access for students with criminal... |
An evaluation of Kenya's parallel legal regime on refugees, and the courts' guarantee of their rights, pg 42 | ||
| Nanima, Robert Doya | ||
This article evaluates the existence of a parallel refugee regime in Kenya. The Executive decides on policies and oversees the enactment of laws to regulate the inflow of refugees under the encampment policy. The Judiciary hands down decisions that ensure that only policies and laws, which uphold human rights... |
State obligations in international law related to the right to an adequate standard of living for persons with disabilities, pg 68 | ||
| Basson, Yvette | ||
The issue of the right to an adequate standard of living has received renewed scrutiny in recent years. Further, the rights of persons with disabilities have become the focus of a number of international instruments in an attempt to improve the living conditions of persons with disabilities. The intersection... |
Development and regulation of tourism for mutual benefit in the Southern African Development Community (SADC), pg 84 | ||
| Lehloenya, Palollo Michael | ||
The growing significance of tourism in the global economy and its capacity to create jobs for thousands of unskilled workers has earned it a reputation as an effective means of alleviating poverty and generating economic growth for developing countries. In the Southern African Development Community (SADC) region, however, efforts... |
Sustainable development of oil sands projects in sub-Saharan Africa: Lessons from the governance regime for the Alberta Oil Sands, pg 97 | ||
| Nwapi, Chilenye | ||
This article examines the governance regime for oil sands development in the Canadian province of Alberta with a view to highlighting what lessons Sub-Saharan African countries with oil sands deposits may draw from it for the sustainable development of their oil sands. Although investments in oil sands projects have... |
Academic freedom, institutional autonomy and the University of Malawi: An analysis of some trends and prospects, pg 127 | ||
| Nkhata Jo, Mwiza | ||
The University of Malawi is the oldest and, arguably, the most prestigious university in Malawi. It was established immediately after the country became independent and has gone on to train a multitude of prominent Malawians in various disciplines. This article's focus is on academic freedom and institutional autonomy in... |
A comparative analysis of the United Nations Convention on the Rights of Persons with Disability and the African Draft Protocol on the Rights of Persons with Disabilities, pg 153 | ||
| Kwadwo, Appiagyei-Atua | ||
The article uses four different types of rights that are identified in the United Nations Convention on the Rights of Persons with Disability (CRPD) to test the extent to which the Draft Protocol of the African Charter on Human and Peoples' Rights on the Rights of Persons with Disabilities... |
South Africa's water crisis: The idea of property as both a cause and solution, pg 176 | ||
| Viljoen, Germarie | ||
It is approaching 20 years since South Africa's legal transformation of its water regulatory framework. With the legal transformation, the traditional exclusive private law ownership-object approach to water resources evolved into a rights based approach. This transformation affected the property rights regime of South Africa whereby water resources are... |
Judicial review of administrative and executive decisions: Overreach, activism or pragmatism? pg 201 | ||
| Sewpersadh, Prenisha; Mubangizi, John C | ||
The right to administrative action that is lawful, reasonable and procedurally fair is guaranteed under the South African Constitution (section 33). The Promotion of Administrative Justice Act (PAJA) was promulgated to give effect to this constitutional right. Its provisions, however, do not apply to executive decisions. Rather, executive decisions... |
Fundamental rights and democratic contestation: Reflections on freedom of assembly in an unequal society, pg 221 | ||
| Botha, Henk | ||
In this article, I argue that the impoverished conception of freedom of assembly displayed in legislation and case law, and its neglect in academic literature, has to do with a set of dominant understandings of democracy. These understandings are structured in terms of certain hierarchical oppositions: between institutional and... |
The readiness of South African law and policy for the pursuit of Sustainable Development Goal 11, pg 239 | ||
| Du Plessis, Anel | ||
This article notionally questions the readiness of existing South African law and policy for the country's pursuit of 'sustainable cities' as per Goal 11 of the Sustainable Development Goals (SDGs). The expectations created by SDG 11 are discussed and subsequently compared with the scope and focus of current law... |