Contents

24 November 2015

Articles

• The AU model law on universal jurisdiction: an African response to western prosecutions based on the universality principle / Dube, A
• Selected legal challenges relating to the military use of outer space, with specific reference to Article IV of the outer space treaty / Ferreira-Snyman, A
• No longer in suspense: clarifying the human rights jurisdiction of the SADC tribunal / Phooko, MR
• Affiliation to a new customary law in post-apartheid South Africa / Nwauche, ES
• The employment equity act, 1998 (and other myths about the pursuit of "equality", "equity" and "dignity" in post-apartheid South Africa) (part 1) / Louw, AM
• The employment equity act, 1998 (and other myths about the pursuit of "equality", "equity" and "dignity" in post-apartheid South Africa) (part 2) / Louw, AM

Notes

• Questioning the use of the Mandament Van Spolie in Ngqukumba v Minister of Safety and Security 2014 5 SA 112 (CC) / Boggenpoel, ZT
• A critical appraisal of Western Cape Forum for Intellectual Disability v Government of the Republic of South Africa 2011 5 SA 87 (WCC) / Kruger, P

Editorial

This edition of PER consists of eight contributions; six articles and two notes. In the first article, Angelo Dube analyses the interaction amongst African States that eventually led to the development of universal jurisdiction regulations within their individual legal systems to determine if one can say that there is indeed an African signature in those legal rules. Anél Ferreira-Snyman deals with the rapid development of space technology and space flight which has rendered article IV of the Outer Space Treaty dealing with the military use of outer space outdated and in dire need of change. Moses Phooko's article investigates whether the Southern African Development Community (SADC) Tribunal has jurisdiction to deal with cases involving allegations of human rights violations. Analogous to the situation of Chinese people in South Africa who chose to be defined as "Black People" in terms of the Employment Equity Act 55 of 1998 as well as the Broad Based Economic Empowerment Act 53 of 2003, Enyinna Nwauche examines the possibility that people living under a system of customary law may change their legal system by choosing another one. The last two articles, written in two parts by Andre Louw, deals with the Employment Equity Act 55 of 1998. In the first part, he critically examines the organising principle of the affirmative provisions of this Act and assesses if it is in line with the constitutional requirements for a legitimate affirmative action programme or measure. In the second part, he critically evaluates the Constitutional Court judgment in South African Police Service v Solidarity obo Barnard 2014 6 SA 123 (CC), and highlights what he thinks the biggest areas of disappointment of this judgment are within the context of South Africa’s equality jurisprudence.

In the first of two notes, Zsa-Zsa Boggenpoel analyses the Constitutional Court's use of the common law remedy of mandament van spolie in Ngqukumba v Minister of Safety and Security 2014 5 SA 112 (CC). In the second note and last contribution of this edition, Petronell Kruger discusses the case of Western Cape Forum for Intellectual Disability v Government of the Republic of South Africa 2011 5 SA 87 (WCC), which dealt with the challenges faced by persons with disabilities relating to access to education in South Africa.

Editor: Professor Christa Rautenbach