My Vote Counts and the transparency of political party funding in South Africa, pgs 1 - 11
Transparency and opacity are mutually supported and nurtured within a constitutional democracy. From such a perspective, the decision of the Constitutional Court of South Africa in the My Vote Counts case represents one interpretation of constitutional authority to enforce the right of access to information. The case is a lost...
The (mis)application of the limitation analysis in Maseko and Others v Prime Minister of Swaziland and Others, pgs 12 - 25
|Dube, Angelo; Nhlabatsi, Sibusiso|
Unlike section 36 of the South African Constitution, the Swaziland Constitution does not contain a general limitation clause. Instead it incorporates internal limitations within each constitutional provision. Judicial interpretation of the constitutional text has been very slow since the 2005 Constitution came into force. This can be attributed in...
Cultural and religious diversity: Are these effectively accommodated in the South African workplace? pgs 26-38
|Prinsloo, Monique; Huysamen, Elsabe|
South Africa is regarded as a wonderful example of a multicultural society - housing a diverse range of individuals from across various races, cultures, backgrounds and religions, to name but a few. The Constitution protects the rights to culture and religion, amongst others, and these rights are also protected...
The use of e-procurement in South African public procurement law: Challenges and prospects, pgs 39 - 47
The debate on the use of electronic methods to create a more efficient public procurement system has featured prominently in the international public procurement arena. To date many countries have implemented e-procurement procedures and have promulgated legislation in order to legally regulate these methods. In South Africa, however, the...
Time for the tide to change for rules of engagement in labour law: A proposal for effective wage dispute resolution, pgs 48 - 73
Labour laws are enacted essentially to protect and advance workers' rights. The workers' rights espoused in the Constitution and the Labour Relations Act comprise the right to strike. It stands to reason that strikes have become an expedient tool in labour relations. However, strikes in certain sectors of the...
FORUM CONTRIBUTION: Choices for sustainable social health care
The Department of Health gave South Africans an opportunity until 21 September 2018 to comment on the National Health Insurance Bill. The heated debate on the creation of the National Health Insurance scheme (NHI) has focused on the affordability of the proposed scheme, the capacity of the state to...