The implications of Truworths Limited v Minister of Trade and Industry 2018 (3) SA 558 (WCC) for access to credit by historically disadvantaged and low-income consumers, pgs 1-17
|Wazvaremhaka, Tinashe and Osode, Patrick C|
The problem of safe and affordable credit for low-income consumers has remained a conundrum for policy makers. More pointedly, sustainable participation of historically disadvantaged and low-income consumers in the mainstream credit market has proved to be problematic in South Africa. Despite the introduction of the National Credit Act 34 of...
Bicameralism in Lesotho: A review of the powers and composition of the second chamber, pgs 18-43
Lesotho has a bicameral parliamentary system based on the British model. While the National Assembly is clearly a representative House elected by the citizenry, the purpose, structure and legislative powers of the Senate as the Second Chamber have been a matter of considerable controversy throughout the history of parliamentary democracy...
Supervision of local government in Zimbabwe: The travails of mayors, pgs 44-67
|Chigwata, Tinashe Carlton; Marumahoko, Sylvester; and Madhekeni, Alois|
The discourse on decentralisation theoretically supports central government supervision of local government. The exercise of such powers by the central government of Zimbabwe is mired in controversy. Mayors are often suspended and/or dismissed to safeguard so-called "public interests". In particular, those who are from the opposition political party, the Movement...
Has South Africa committed in good faith to article 34 of the UN Refugee Convention, which calls for the naturalisation of refugees? pgs 68-99
It is widely accepted that to be naturalised one must acquire the nationality of a political or national community, and that such a status is accompanied by various rights. It is also widely accepted that nationality can be acquired in various ways. Article 34 of the 1951 United Nations Convention...
The South African Constitution’s empty promise of ‘radical transformation’: Unequal access to quality education for black and/or poor learners in the public basic education system, pgs 100-147
The South African Constitution mandates the radical transformation of the public basic education system. To that end, the Constitution, read with the South African Schools Act, entrenches a right of equal access to quality basic education for all. The substantive approach to equality, rooted in the transformative ideology of the...
The global financial regulatory system and the rule of law: An appraisal of the regulatory process under Basel III, pgs 148-180
|Mengie, Legesse and Arcuri, Alessandra|
The efficacy of the existing international financial regulation and adoption of an institutionalised form of regulation are among the global financial governance issues which have been well addressed by scholars in the field. The less-investigated but directly related and worth considering issue is the impact of the contemporary global financial...
A fourth transformation of democracy? Liquid democracy, supra-national democracy and the fate of participation, pgs 181-201
Liquid democracy is defined as a cyber democracy that combines representative democracy and spontaneous direct democracy by using technologies of the web 2.0. In recent years, some political theorists and actors have been optimistic that liquid democracy could make a more participatory and direct democracy possible to fulfil the democratic...
Hold on to critical jurisprudence, pgs 202-218
|Van Marle, Karin|
|The main aim of this article is to reflect tentatively on the importance of a continuing critical jurisprudence. By thinking about the lives and legacies of the late Nelson Rolihlahla Mandela and his second wife, Winnie Madikizela Mandela, the author seeks to reconsider a specific kind of critical jurisprudence, with...|
Ex parte Somers (1927) 48 NPD 1: A story of racial exclusion in the South African legal profession, pgs 219-244
|The article critically examines the judgment in ex parte Somers (1927) 48 NPD 1 from both a legal and personal perspective. The judgment details the case of an Indian South African who requested the Court to grant his admission as a candidate attorney. The Court refused his application on the...|
Does the exclusion of a right to basic sanitation in international law impede its legal enforcement? pgs 245-269
|Despite expressly providing for a number of rights, the International Covenant on Economic, Social and Cultural Rights (ICESCR) sadly omits the right to basic sanitation. This is a matter of concern as figures released by United Nations agencies and other international organisations paint a bleak picture of the levels of...|
Four years following South Africa’s declaration upon the ratification of the ICESCR and jurisprudence on the right to basic education: A step in the right direction? pgs 270-298
|Nanima, Robert Doya and Durojaye, Ebenezer|
Education empowers individuals to develop the skills needed for economic success in order to contribute to nation-building and reconciliation. Following South Africa’s ratification of the International Covenant on Economic, Social and Cultural Rights, there were mixed reactions on account of the much-anticipated ratification, on the one hand, and the declaration...
Democracy and (the essential content of) fundamental rights: Marching in line or precarious balancing act? pgs 299-330
This article addresses the question of how democracy and fundamental rights interplay, and compares German and South African law for this purpose. The author argues that democracy requires and presupposes fundamental rights, but that these two values do not always align, and then deals with the question of how to...