Law, Democracy & Development - latest Issue
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Volume 20, Issue 1, 2016
Geography, marginalisation and the performance of the right to have access to health care services in JohannesburgAuthor Marius PieterseSource: Law, Democracy & Development 20, pp 1 –19 (2016) http://dx.doi.org/10.4314/ldd.v20i1.1More Less
This article aims to strengthen the theoretical case for geographical awareness in human rights work, by considering the performance of the right to have access to health care services in section 27(1)(a) of the 1996 Constitution, by particular inhabitants of Johannesburg. It shows how a "performative" understanding of the right to have access to health care services dovetails with the international law approach to assessing compliance with the right to health, and points to certain features of South African socio-economic rights jurisprudence that enable such an understanding of the right.
Thereafter, the article considers some of the geographic aspects of access to health care services in Johannesburg, with a particular focus on the experiences of marginalised groups. Current health system reforms and urban development initiatives in Johannesburg, that relate to the geographical features of access to health care in the city, are then assessed. It is shown that, while many of these measures will have very positive consequences for the progressive realisation of the right to have access to health care services, the interaction of geographic factors with other determinants of access (notably, affordability and quality of care, as well as stigmatisation of certain care seekers) may nevertheless continue to frustrate access to care by marginalised groups.
Author Mtendeweka MhangoSource: Law, Democracy & Development 20, pp 20 –45 (2016) http://dx.doi.org/10.4314/ldd.v20i1.2More Less
In the 1990s, South Africa went through sweeping constitutional and democratic reforms, which ended in the signing into law the South African Constitution. As a consequence of these reforms, new legislation was mandated by the Constitution and in some cases changes to existing legislation became necessary to ensure alignment with the new dispensation.
Source: Law, Democracy & Development 20, pp 40 –68 (2016) http://dx.doi.org/10.4314/ldd.v20i1.3More Less
The article provides a succinct overview of the Chap 9 institutions in the (Constitution) in terms of promoting women's right to development. The particular emphasis is on the strengths of the South African Human Rights Commission (SAHRC) and Commission for Gender Equality (CGE). The objective is to harness the inter-relationship of the right to development with other fundamental human rights entrenched in the Constitution - which are essential for the advancement of women's rights. The identification of these institutions is motivated by the fact that the SAHRC carries a broader mandate for the protection of human rights. On the other hand, the CGE is specifically established to deal with issues relating to gender equality. The article argues that the two institutions should sharpen their constitutionally protected responsibility, by creating an environment that is conducive to the furtherance of the right to development amongst the various role players - in ensuring the advancement of the other protected rights in the Bill of Rights. These institutions are designed to strengthen the constitutional democracy which is essential for the promotion of women's right to development. It will therefore be important for them to localise the level of awareness of the right to development as a human rights issue that will entail addressing the inequalities in accessing the rights, the empowerment of women, innovative strategies to reinforce gender equality, and the reduction of poverty.
Author Tinashe ChigwataSource: Law, Democracy & Development 20, pp 69 –90 (2016) http://dx.doi.org/10.4314/ldd.v20i1.4More Less
Zimbabwe adopted a new Constitution in 2013 (Constitution of Zimbabwe) which, among other things recognises the role of the institution of traditional leadership which operates alongside modern state structures. While strengthening the role and status of the institution this new Constitution strictly regulates the conduct of traditional leaders. Despite this upliftment and strict regulation, the role and relevance of the institution of traditional leadership is under significant scrutiny. Traditional leaders are often in conflict with State structures, particularly rural local governments, which is largely attributed to competition for power, resources and legitimacy. It is the conduct of traditional leaders, however, that is cause for concern and raises constitutional questions. Their perceived alignment with the ruling Zimbabwe African National Unity-Patriotic Front (ZANU-PF) has brought renewed criticism of their relevance in a modern-day society anchored on democratic values. Yet, traditional leaders still undertake important responsibilities especially in rural areas where 67 per cent of the population resides. Traditional leaders deliver various government responsibilities in some parts of Zimbabwe where the State has no or a limited presence. Their legitimacy, control and influence in rural areas remain widespread demonstrating remarkable resilience, despite facing various threats. Successive governments in both colonial and independent Zimbabwe have sought to maximise this strength for their respective narrow political interests. All these controversies, conflicts and complexities raise questions about the role and relevance of the institution of traditional leadership in Zimbabwe which this article seeks to untangle.
Exploring the citizen inclusiveness and micro-economic empowerment aspects of regional integration in AfricaSource: Law, Democracy & Development 20, pp 91 –105 (2016) http://dx.doi.org/10.4314/ldd.v20i1.5More Less
The history of regional integration in Africa dates back to the pre-independence period when the colonial powers established regional schemes with the primary intent to preserve their interests on the continent. Only in the post-colonial period did regionalism come to be seen as a strategy for development and economic emancipation. Although the main idea behind the latter concept of regional co-operation was the establishment of continental institutions with adequate economic and political influence to demand fair international economic relations, these institutions have been beset by multiple challenges that have impaired their effectiveness.
Dismissal of an employee at the instance of a client : revisiting Nape v INTCS Corporate Solutions (Pty) Ltd in the context of the Labour Relations Amendment Act 6 of 2014Author Ramokgadi Walter NkhumiseSource: Law, Democracy & Development 20, pp 106 –130 (2016) http://dx.doi.org/10.4314/ldd.v20i1.6More Less
The judgment in Nape v INTCS Corporate Solutions (Pty) Ltd (Nape) concerned the proper interpretation of section 198 of the Labour Relations Act (LRA) where employees have been dismissed at the instance of a client in terms of a labour broking agreement. The decision illustrates the problems encountered by employees providing services to a client in terms of these agreements and the need for the broker's right of recourse against its client in order to give effect to the employee's right to fair labour practices. The main thrust of this article focuses on the need to regulate the relationship between the employee, client and labour broker and the impact of the amendments introduced by the Labour Relations Amendment Act (Amendment Act) on the existing law on temporary employment services in terms of section 198 of the LRA.
Source: Law, Democracy & Development 20, pp 131 –153 (2016) http://dx.doi.org/10.4314/ldd.v20i1.7More Less
Relations among some ethnic communities in Kenya have been characterised by deep animosity and suspicion, which heighten during election periods. This is so largely because individuals hailing from a few ethnic communities dominated the political structures and economic resources of the country, to the exclusion of other communities, both before and after Kenya became an independent country. The people in authority used the State apparatus to economically benefit themselves, their kin, their friends and regions. The exclusion was exacerbated as the country increasingly became centralised, contributing to intermittent conflicts, which often occur following general elections, the worst being the 2007 post-election violence. Kenya adopted a new Constitution in 2010 with a view, among other things, to curbing this decades long inter-ethnic animosity.
Source: Law, Democracy & Development 20, pp 154 –173 (2016) http://dx.doi.org/10.4314/ldd.v20i1.8More Less
Across Africa, traditional justice systems have survived in various forms, serving large populations located mainly in rural communities. A number of accounts of how these systems were used, neglected or reshaped have been written. Importantly, the norms and practices, which make up the fabric of customary law in African societies, are neither homogenous nor static. For these and other reasons, changes in traditional perceptions of justice and in the way justice is administered have over time informed the articulation of concepts, such as, the restatement of customary law and the ascertainment of living customary law.
Author Hoolo ‘NyaneSource: Law, Democracy & Development 20, pp 174 –191 (2016) http://dx.doi.org/10.4314/ldd.v20i1.9More Less
Although the question of the formation of a government has generated a lot of interest amongst constitutional and political scholars elsewhere, in Lesotho it has never really been much of a constitutional controversy, at least practically, since independence. The main reason has been that due to the constituency based electoral system which the country has been using since independence, only one political party has always been able to garner a sufficient majority to form the government, and the leader thereof would easily be invited to form government without any controversy.
The application of the doctrine of res judicata in political rights cases : National Freedom Party v Electoral Commission and Others (2016)Source: Law, Democracy & Development 20, pp 192 –199 (2016) http://dx.doi.org/10.4314/ldd.v20i1.10More Less
On 5 August 2016, the Electoral Court delivered its judgment in the case of National Freedom Party v The Electoral Commission and Others (NFP No 2) and dismissed an application by the National Freedom Party (NFP) to retrospectively amend the electoral timetable. This second case followed an unsuccessful earlier attempt to seek a similar order in the same court in the case of National Freedom Party v Electoral Commission and Another (NFP No 1). In the case under discussion (NFP No 2), the second to seventh respondents were all registered political parties that indicated in their founding affidavit that they supported the cause of the NFP to be included in the 2016 municipal elections.