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JOURNAL OF UWC FACULTY OF LAW | ISSN 2077-4907 | Short URL www.ldd.org.za

Volume 26 - 2022

REFEREED ARTICLES

 

“Public health emergency declarations” in the Ethiopian federal system: Understanding the scope of state and federal emergency declarations and authorities, pp 1-25

 
 Yidnekachew Mitiku Mekone 
 

Infectious agents posing a human security threat have been recorded throughout history. Today, COVID-19 poses a serious human security threat in the world, forcing governments to take extraordinary measures. Extraordinary measures, such as declarations of a state of emergency, basically determine the legal and operational resources available to respond to...

 
 

Concurrent national and provincial legislative competence: Rethinking the relationship between nature reserves and national parks, pp 26-47

 
 Blackmore, Andrew 
 The teleology of concurrent national and provincial legislative competence in South Africa’s Constitution has not been adequately investigated, particularly from the perspective of nature conservation and the establishment of protected areas. It is, therefore, questioned whether the concurrent nature conservation competence awarded to the national sphere of government should be...

 
 

The impact of socio-legal inequality on women in the Nigerian domestic work sector, pp 48-83

 
 Abigail Osiki 
 This article examines the impact of socio-legal inequality on the work conditions of female domestic workers in Nigeria. Domestic work is an important aspect of productive labour and an indispensable factor that contributes to the well-being of households and the economy. However, domestic workers face challenges that are multidimensional and...

 
 

Black economic empowerment in South Africa: Is transformation of the management structures of enterprises as essential as it should be? pp 84-105

 
 Jeannine van de Rheede 
 Black Economic Empowerment (BEE) was launched as an integrated policy initiative to empower black people and redistribute wealth across the spectrum of South Africa’s population. The Broad-Based Black Economic Empowerment Act 53 of 2003, as amended in 2013, was enacted to correct the imbalances of apartheid and promote transformation of...

 
 

Examining the interpretation of section 115(2)(a) of the Companies Act of 2008, pp 106-147

 
 Simphiwe S Bidie 
 

For the purposes of protecting the rights and interests of shareholders, section 115(2)(a) of the Companies Act 71 of 2008 is imperative and essential. The veracity of the section and its concomitant provisions are beginning to find their footing before South African courts. One of the occasions when the imperative...

 
 

The role of the African Charter on Values and Principles of Public Service and Administration in promoting good governance, pp 148-167

 
 Paul Mudau  
 

This article critically analyses the provisions of the African Charter on Values and Principles of Public Service and Administration from an interdisciplinary standpoint of law and public administration. It assesses the Charter’s substance and its potential role in the promotion of good governance in Africa, subject to internationally accepted standards...

 
 

The role of intellectual property rights’ protection in advancing development in South Africa, pp 168-189

 
 Talkmore Chidede 
 

Notwithstanding some debate, intellectual property remains a necessary tool for social, cultural, economic, and technological development in the 21st century. In this century, the global economy is driven by knowledge and technology, and the market is increasingly recognising intellectual property as a valuable commercial asset and a force for technological...

 
 

Regional integration in Africa: Proposals for an Africa-wide payment system, pp 190-218

 
 Ogochukwu Monye and Ebelechukwu Monye 
 

Regional integration remains a priority in Africa. Fuelled by the call of Pan-African leaders including Kwame Nkrumah and the recognition of the potential within the continent to transform intra-African trade and achieve global competitiveness, the Africa Continental Free Trade Agreement (AfCFTA) was conceived. The African Union, in collaboration with the...

 
 

Fiscal incentives in Kenya’s free zones: To what extent are they consistent with the WTO rules on subsidies? pp 219-249

 
 Olufemi Oluyeju and Nelly C Rotich 
 

In Kenya, free zones take the form of Special Economic Zones (SEZs) and Export Processing Zones (EPZs), and are offered a myriad fiscal and non-fiscal incentives. At the same time, Kenya, as a member of the World Trade Organization (WTO), is a signatory to the Agreement on Subsidies and Countervailing...

 
 

Reconceptualising sovereign debt in international law, pp 250-286

 
 Muhammad Bello and Elizabeth Snyman-Van Deventer 
 

Recurring debt crises and innovations in the sovereign-debt landscape over the past couple of decades have rekindled interest in the nature and forms of sovereign debt. There are multiple outlets for contracting loans, all with different policies, principles and procedures. For instance, resource-backed loans have provided an additional option for...

 
 

Rising from its ruins? The Southern African Development Community (SADC) Tribunal, pp 287-310

 
 Tapiwa Shumba 
 

The Tribunal of the Southern African Development Community (SADC) was established to ensure adherence to and the proper interpretation of the provisions of the SADC Treaty and its subsidiary instruments, and to adjudicate upon such disputes as might be referred to it. However, since its establishment, it has had a...

 
 

Different cities, different property-tax-rate regimes: Is it fair in an open and democratic society? pp 311-341

 
 Fanie Van Zyl and Carika Fritz 
 

Differentiation does not automatically mean that a person’s right to equality has been infringed on. Thus, the mere fact that taxpayers are subject to different property tax rates in South Africa depending on the municipality in which the property falls does not necessarily result in an infringement of section 9...

 
 

Confronting past atrocities: A critical analysis of the defunct Ethiopian Reconciliation Commission, pp 342-363

 
 Moges Zewiddu Teshome 
 

This article examines the rationale for the establishment of the defunct Ethiopian Reconciliation Commission (the Commission) and the challenges it faced in its efforts to help end impunity, restore the ruptured social fabric, and ensure democratic transition. To this end, the article relies on analysis of relevant literature, comparative case...