Browsing PER: 2015 Volume 18 No 3 by Issue Date
Now showing items 1-8 of 8
-
No longer in suspense: clarifying the human rights jurisdiction of the SADC tribunal
(2015)The Southern African Development Community Tribunal's (SADC Tribunal) decision in the matter of Mike Campbell (Pvt) Ltd v Republic of Zimbabwe 2008 SADCT 2 (28 November 2008) demonstrated its ability to utilise the principles ... -
The AU model law on universal jurisdiction: an African response to western prosecutions based on the universality principle
(2015)The African continent has been consistent in placing its concerns regarding the manner in which international criminal justice is administered on the international platform. For the past decade, the continent has minced ... -
The employment equity act, 1998 (and other myths about the pursuit of "equality", "equity" and "dignity" in post-apartheid South Africa) (part 2)
(2015)The author critically examines the organising principle of the affirmative action provisions of the Employment Equity Act (or EEA), as well as the implications of the recent judgment by the Constitutional Court in its first ... -
Affiliation to a new customary law in post-apartheid South Africa
(2015)This article examines the possibility that in the post-apartheid South African legal system South African citizens can voluntarily change their customary law and affiliate to a new one in the true spirit of citizenship. ... -
Selected legal challenges relating to the military use of outer space, with specific reference to Article IV of the outer space treaty
(2015)Since the end of the Second World War the potential use of outer space for military purposes persisted to be intrinsically linked to the development of space technology and space flight. The launch of the first artificial ... -
A critical appraisal of Western Cape Forum for Intellectual Disability v Government of the Republic of South Africa 2011 5 SA 87 (WCC)
(2015)The 2011 the Western Cape Forum for Intellectual Disability v Government of The Republic of South Africa case flagged a lot of issues faced by persons with disabilities relating to access to education in South Africa. The ... -
Questioning the use of the Mandament Van Spolie in Ngqukumba v Minister of Safety and Security 2014 5 SA 112 (CC)
(2015)This cursory note reflects on the outcome of the Constitutional Court judgment of Ngqukumba v Minister of Safety and Security. The decision presented the Court with the opportunity to consider what happens to existing ... -
The employment equity act, 1998 (and other myths about the pursuit of "equality", "equity" and "dignity" in post-apartheid South Africa) (part 1)
(2015)The author critically examines the organising principle of the affirmative action provisions of the Employment Equity Act (or EEA), as well as the implications of the recent judgment by the Constitutional Court in its first ...