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

Volume 8(2) - 2004



Editorial 2004 (2)


Social inequality in South Africa embodies a crisis of national proportions. No society can hope for enduring stability, let alone growth, if large numbers of its citizens are consigned to poverty and iliteracy while a small minority enjoy extremes of wealth. It is no longer simply a racial dichotomy; ...




An exploration of mata'a maintenance in anticipation of the recognition of Muslim marriages in South Africa: (Re-)opening a veritable Pandora's box?

  Moosa, Najma and Shaheena Karhanee 

Najrna Moosa and Shaheena Karbanee investigate a question of considerable importance to women in the Islamic community: the right of a divorced woman to maintenance after divorce. In South Africa, as elsewhere, most Muslim women are not employed outside the home and, with the power to pronounce divorce vested...


Defining the parameters of employment: The position of the company shareholder and the close corporation member

 Bosch, Craig 

Can persons who are company shareholders or close corporation members can also be employed by those entities? The relevance of this seemingly technical question, the article notes, lies in the fact that only 'employees' enjoy the protection of statutes implementing constitutional rights to fair labour practices and equal treatment...


Monitoring the implementation of socio-economic rights in South Africa: Some lessons from the international community

  Ntlama, Nomthandazo 

Nomthandazo Ntlama notes that socio-economic rights, enjoy 'hard' protection (through the courts) as well as 'soft' protection (through non-judicial institutions). The article focuses on constitutional mechanisms used in the latter context and, in particular, the mandate of the South African Human Rights Commission (SAHRC) to perform this function.

The international...


Socio-economic rights and the process of privatising basic municipal services

 Steytler, Nico 

Nico Steytler outlines the obligations resting on local government to give effect to socio-economic rights, focusing in particular on the legislative framework in terms of which privatisation of municipal services may occur. Concerns have been raised about the ability of privatised services to be provided on an equitable and...


The implication of socio-economic rights jurisprudence for government planning and budgeting: The case of children's socio-economic rights

 Creamer, Kenneth 

Kenneth Creamer sets out to develop a framework for assessing government programmes which are designed to promote the realisation of socio-economic rights. A central theme, given the difficulties faced by the courts in adjudicating disputes with socio-cconomic ramifications, is that both the Executive and thc Legislature should be guided...


Water privatisation and socio-economic rights in South Africa

  Chirwa, Danwood Mzikenge 

The provision of water, the article posulates, is directly connected to the enjoyment of the constitutional right of access to water. Water service delivery mechanisms must therefore be in accordance with constitutional principles.

Some of the concerns arising from the process of privatisation in this context relate to 'the...


The right of access to land and its implementation in Southern Africa: A comparative study of South Africa and Zimbabwe land reform laws and programmes

 Rugege, Sam 

While access to land is not explicitly recognised as a socio-economic right in international human rights instruments, section 25 of the South African Constitution places a duty on the State to promote equitable access to land. The article analyses the problem of landlessness arising from a legacy of colonial...