REFEREED ARTICLES
Promoting the quality of legal aid in South Africa through better co-ordination of service provision, pgs 1-23 | ||
| Dave Holness | ||
Socio-economically, South Africa is a grossly unequal country. For the indigent there is a clear need for legal aid services to enable meaningful access to the legal system as a mechanism to promote greater social justice. This article proposes mechanisms to meet two aims: to promote high-level free legal service... |
The double punch of workplace bullying/harassment leading to depression: Legal and other measures to help South African employers ward off a fatal blow, pgs 24-63 | ||
| Dina Maria Smit | ||
In addition to being cutting-edge, the modern-day workplace is also increasingly cut-throat, having become a breeding ground for interpersonal violence, including bullying and (sexual) harassment. In South Africa, the country’s notorious problem with violence in broader society is perhaps partly to blame. Yet when workplace bullying/harassment intersects with employee depression, ... |
COVID-19 and elections in Ethiopia: Exploring constitutional interpretation by the House of the Federation as an exit strategy, pgs 64-89 | ||
| Legesse Tigabu Mengie | ||
Over 60 countries have postponed their elections due to COVID-19. As an election is the primary means by which government power is assumed in constitutional democracies, the postponement of elections has posed this question: what exit mechanisms do constitutional systems have to address a power vacuum caused by unforeseen circumstances... |
Failure to recognise a third gender option: Unfair discrimination or justified limitation? pgs 90-120 | ||
| Rachel Sloth-Nielsen | ||
This article seeks to answer the question of whether the State’s failure to recognise a third gender option for transgender non-binary individuals amounts to unfair discrimination or whether this limitation could be justified. After a brief conceptual framework is discussed, the article looks at the right to equality as found... |
Democratic policing: A conceptual framework, pp. 121-155 | ||
| Lukas Muntingh, Andrew Faull, Jean Redpath and Kristen Petersen | ||
Democratic policing, as opposed to regime policing, must meet at least three requirements: there is democratic accountability of and for the police; the police adhere to the rule of law; and the police behave in a manner that is procedurally fair in service of the public. The article presents a... |
The exhaustion of local judicial remedies in investor-state dispute settlement: A proposal for the African Continental Free Trade Agreement on Investment Protocol, pp. 156-192 | ||
| Mmiselo Freedom Qumba | ||
Over the past few years, the international Investor-State Dispute Settlement (ISDS) mechanisms have been confronted with an unprecedented level of scrutiny, and the system’s legitimacy is being questioned by both developed and developing countries alike. This article presents a proposal for the adoption of the old customary international law rule... |
The changing nature of the power of prorogation of Parliament in Lesotho: From absolute prerogative to rationality? pp. 193-220 | ||
| Hoolo 'Nyane | ||
The Constitution of Lesotho vests the power to prorogue parliament in the King. Like all executive powers, the power of prorogation is exercisable on the advice of the Prime Minister. In the past, this power was understood as an absolute prerogative that needed no justification, provided it was done in... |
‘Alone in the dark’: How the current mining and minerals legal regime continues to fail artisanal and small-scale miners in South Africa, pp. 221-255 | ||
| Sikelela Ndlazi | ||
Since 1994, the South African government has demarcated the artisanal and small-scale mining (‘ASM’) sector for the promotion of the economic participation of previously disadvantaged persons within the country’s broader economy. Various domestic policy documents refer to the ASM sector as one deserving of structural development and adequate regulation. However, ... |
Is the employer compelled to provide safe working conditions to employees during a violent strike? pp. 256-285 | ||
| Mlungisi Tenza | ||
The law entrusts employers with a duty to provide employees with safe and healthy working conditions. However, it becomes challenging to discharge this duty if employees embark on a violent strike. The violence is usually directed or instigated against non-striking workers and replacement labour. Since violence during strikes has become... |
An exposition of trade policy formulation through the issuing of ‘Trade Policy Directives’ by the Minister of Trade, Industry and competition under the International Trade Administration Act 71 of 2002, pp. 286-308 | ||
| Clive Vinti | ||
Section 5 of the International Trade Administration Act 71 of 2002 (ITAA) provides that the Minister of Trade, Industry and Competition has the power to issue ‘Trade Policy Directives’ subject to the procedures and requirements of the Constitution of the Republic of South Africa, 1996 (Constitution) and other laws. However, ... |
An assessment of the constitutionality of the COVID-19 regulations against the requirement to facilitate public participation in the law-making and/or administrative processes in South Africa, pp 309-344 | ||
| Ntokozo Sobikwa and Moses Retselisitsoe Phooko | ||
The purpose of this article is to critically assess the constitutionality of the COVID-19 regulations against the backdrop of the constitutional mandate to facilitate public participation in the law-making process in South Africa. This assessment is conducted by outlining the scope and content of public participation. This will be followed... |
The necessity for Zambia’s vitamin A sugar fortification requirement, pp. 345-376 | ||
| Hilda Thopacu | ||
Zambia faces a serious vitamin A deficiency (VAD) that affects most infants and expectant mothers, leading to night blindness, maternal deaths, and more. One of the efforts to address this is by permitting only the manufacture, sale, or import of household consumption sugar which is fortified with vitamin A - ... |
Dismantling obstacles impeding better governance in companies: Affirming the expansion of the interpretation of ‘shareholder and director’ under section 163 of the 2008 Act, pp. 337-410 | ||
| Simphiwe Bidie | ||
Impediments to corporate accountability have over the recent years manifested in diverse forms. What took place in Peel v Hamon J&C Engineering (Pty) Ltd is a case in point. The aim of this article is in two forms. First, from the commentaries and cases consulted, it is clear that the... |
Overview of the legislative protection of retirement benefits against transfer, reduction, hypothecation and attachment in South Africa, pp. 411-439 | ||
| Clement Marumoagae | ||
This article demonstrates that the retirement industry is fragmented, with different pieces of legislation which contain differently drafted provisions addressing the same issue. In particular, it illustrates that several pension statutes provide protection against creditors to retirement benefits held by retirement funds. Further, that, while held in retirement funds, retirement... |
The slippery slope to state capture: Cadre deployment as an enabler of corruption and a contributor to blurred party–state lines, pp 440-462 | ||
| Cornelis F Swanepoel | ||
Drawing on both legal and political sources, this article scrutinises the policy of cadre deployment that the African National Congress (ANC), the ruling party in South Africa, has implemented, and continues to apply. The analysis begins by recalling and commenting on the only reported judgment in South African jurisprudence that... |
Book review: 'Law and investment in Africa: The governance of foreign direct investment in Zimbabwe, pp. 463-481' | ||
| Dunia P Zongwe | ||
Tinashe Kondo’s book, Law and investment in Africa, narrates the efforts of a country to regain the trust [and the love] of foreign investors after several decades of argument and hostility. Encapsulated in the 'Zimbabwe is open for business' slogan, these efforts show 'how a country can move to... |
Incorporating Afrocentric alternative dispute resolution in South Africa’s clinical legal education, pp 482-514 | ||
| Bronwyn Le-Ann Batchelor, Nasholan Chetty & Shelton Tapiwa Mota Makore | ||
Since its inception, South African clinical legal education has remained steeped in the promotion of the Western adversarial model of resolving legal disputes with minimal consideration for Alternative Dispute Resolution (ADR). This dearth in legal development has ignited the argument that South African legal education is faulty, focusing on producing... |
Marriages of convenience through the immigration lens: Concepts, issues, impact and policies, pp 515-545 | ||
| Callixte Kavuro | ||
This article examines the attempts made by both the Executive and Parliament to curb marriages of convenience through the revision of refugee and immigration laws. Asylum seekers or economic migrants use marriages of convenience largely to legitimise their stay in South Africa. South African authorities regard these marriages of convenience... |
Increasing access to education for refugees in Uganda, pp 546-574 | ||
| Muyenga Mugerwa-Sekawabe | ||
This article investigates the scope of the right to education as enjoyed by refugees in terms of domestic (Ugandan), regional (African) and international law. One of the main obstacles to accessing education for refugees in Uganda is financial constraints, which the principle of burden sharing seeks to ameliorate in refugee... |
A critical analysis of Zimbabwe’s codified business judgment rule and its place in the corporate governance landscape, pp 575-603 | ||
| Friedrich Hamadziripi and Patrick C. Osode | ||
The business judgment rule (BJR or the Rule) is an American legal export which has become a key corporate governance tool in most leading common law jurisdictions, such as, Australia, Canada and South Africa. However, the Rule has not been formally embraced in the United Kingdom. In Zimbabwe, the Rule... |
Deciding non-constitutional matters of general public importance in South African law: Can constitutional values be used? pp 604-631 | ||
| Paul Nkoane | ||
The Constitution of the Republic of South Africa, 1996 is supreme. It can be used to assess the soundness of various policies and laws. This statement has however been challenged based on the apparent limited range of the provisions of the Constitution. The Bill of Rights enshrined in the Constitution... |
Regulator or controller: A five-year analysis of the cat-and-mouse games between the Uganda Communications Commission and broadcasters in Uganda, pp 632-659 | ||
| Daniel Masumba Walyemera | ||
This article examines the conduct of the broadcasting regulator in Uganda. It considers whether the law governing the Uganda Communications Commission is in tandem with international human rights standards. This is in specific regard to media freedoms and other associated human rights. The major conclusion is that Uganda’s broadcasting regime... |