Law, Democracy & Development - Volume 14, Issue 1, 2010
Volumes & issues
Volume 14, Issue 1, 2010
Author Anzabeth TonkinSource: Law, Democracy & Development 14, pp 1 –17 (2010)More Less
In 2000, a group of domestic workers, caregivers, cleaners, gardeners, caretakers, chauffeurs and restaurant/hotel workers approached the Development Action Group (DAG), a non-governmental organisation, to support them with project management, training, capacity development, advocacy and lobbying. Most members of the group resided in the Atlantic Seaboard area of Cape Town or in the Cape Town CBD. Low-income earners started this initiative in 1996 to address their housing needs and called their group Rainbow Housing as its membership represented the diversity of "the rainbow nation".
Get rights right in the interests of security of tenure
Land, Power & Custom : controversies generated by South Africa's Communal Land Rights Act, Aninka Claassens & Ben Cousins (Eds.) : review articleAuthor Anne PopeSource: Law, Democracy & Development 14, pp 1 –23 (2010)More Less
Land, Power & Custom presents a very important commentary on indigenous land rights. Being a multi-disciplinary commentary, which is most welcome, it differs markedly from other writing on the topic. The basis for the commentary is to provide context to and evidence of the complexities generated by recent efforts that attempt to give effect to the constitutional mandate to secure tenure rights that are precarious for historical reasons and, simultaneously, to preserve the possibility of indigenous property management structures.
Source: Law, Democracy & Development 14, pp 1 –18 (2010)More Less
Waste management refers to the collection, transport, processing, recycling or disposal of waste materials produced by human activity. The focus of this paper is on the role local government plays in waste management. Traditionally this has been the collection and transport of waste to landfill sites created on the edges of urban areas. However, as a result of urbanisation, population growth and increased consumption the volume of waste generated by cities has become bigger and space for landfill sites has become scarcer and more expensive.
Author Cephas LuminaSource: Law, Democracy & Development 14, pp 1 –26 (2010)More Less
The TRIPS Agreement (or "TRIPS") was adopted in 1994 following intense pressure exerted by the US and other industrialized countries. Prior to the adoption of TRIPS, the international framework for the regulation and protection of intellectual property rights consisted of a few GATT rules and a number of conventions, most of which were and still are administered by the World Intellectual Property Organisation (WIPO). At the national level, patent protection varied between countries. While some countries granted patents for pharmaceutical product and process inventions, others allowed patent protection only with respect to process inventions. Many did not grant any form of protection for inventions in the pharmaceutical sector. Further, the period of patent protection varied significantly between countries.
Author Marlese Von BroembsenSource: Law, Democracy & Development 14, pp 1 –34 (2010)More Less
Among the foundational values of our democracy are "human dignity, the achievement of equality and the advancement of human rights and freedoms". Sen's theory of development is helpful to understand the interrelationship between dignity, freedom, rights and equality. He challenges the "narrower" view that equates development with "growth of gross national product, or rise in personal incomes, or industrialisation or with technological advance, or social modernisation". He reframes development as "expanding" each person's "freedoms" to enable each person to live (with dignity) the life he or she wishes to live and, in particular, to participate in the social, political and economic life of his or her community. Sengupta adds that the expansion of these freedoms, in other words development, is a human right. Inherent in this understanding of development is the eradication of "un-freedoms", such as "poverty, poor economic opportunities and social deprivation", that constrain equal participation.
Author Marius PieterseSource: Law, Democracy & Development 14, pp 1 –25 (2010)More Less
The disconnection between the vision of social justice espoused by the 1996 Constitution and the lived experiences of its subjects presents probably the most significant threat to the legitimacy of the South African constitutional order. The justifiable socio-economic rights contained in chapter 2 of the Constitution, which were intended as tools with which to bridge this disconnection, are in danger of becoming its starkest examples. If they are to be of any relevance to the masses they were designed to serve, the constitutional rights of access to adequate housing, food, water, social security, education and health care services require effective and urgent translation from conceptually empty and contested "background norms" into concrete, claimable legal entitlements.
Source: Law, Democracy & Development 14, pp 1 –27 (2010)More Less
Over recent decades the precarious nature of domestic employment has been analysed in depth from sociological, historical, economic and legal perspectives, both in South Africa and internationally. In the process certain key conclusions have become widely accepted and have served as points of departure for ongoing research. A milestone in South Africa was the analysis by Jacklyn Cock published in 1980, hailed almost 30 years later as a "classic study of power relations between maids and their employers in the Eastern Cape of apartheid South Africa". Describing the different worlds inhabited by white women and their black female servants, the book developed a paradigm of the domestic employment relationship which to a large extent remains valid today: a relationship which is liberating for the (white) employer but exploitative of the (black) employee, even though both are women experiencing the general oppression of women, but in vastly different ways.
Democracy and development in the age of globalisation : tensions and contradictions in the context of specific African challengesAuthor John Cantius MubangiziSource: Law, Democracy & Development 14, pp 1 –16 (2010)More Less
In 1993 the World Conference on Human Rights adopted the Vienna Declaration and Programme of Action which proclaimed, inter alia, that "democracy, development and respect for human rights and fundamental freedoms are interdependent and mutually reinforcing." Whereas this interdependence is possible and indeed desirable, the statement tends to ignore the contradictions and challenges posed by the relationship between these ideals and one of the leading characteristics of the contemporary world - globalisation. The relationship between globalisation and democracy is quite complex. So, too, is the relationship between globalisation and development. Moreover, the structural and institutional changes associated with globalisation have a significant impact on the protection of human rights, particularly in the developing world. Nowhere is this complex relationship more prominent than on the African continent. This is due to the unique circumstances and peculiar challenges that African countries have faced in the past and will continue to face in the foreseeable future.
Social protection for developing countries : can social insurance be more relevant for those working in the informal economy?Source: Law, Democracy & Development 14, pp 1 –33 (2010)More Less
In Southern Africa workers in the informal economy and their dependants are for the most part completely excluded from (formal) social protection schemes, in particular social insurance schemes. This is due to the fact that most social insurance schemes link the concept of contributor to that of employee. This is problematic, since the notion "employee" is by and large used to refer only to "standard" formal sector workers. Occupational and public social insurance schemes therefore generally limit their scope to traditional or typical formal sector employees. According to Van Ginneken, about one-third of people in the world are not covered by any formal social security protection, which suggests that the above framework can no longer suffice.
Working on the margins : poverty and economic marginality in South Africa : editorial : November 2010Source: Law, Democracy & Development 14, pp 1 –7 (2010)More Less
This special edition of Law, Democracy & Development grows out of an eponymous policy seminar hosted by the Institute for Poverty Land and Agrarian Studies (PLAAS) in Cape Town in early 2009 (www.plaas.org.za/newsevents/wom), supported by the Chronic Poverty Research Centre and the UK Department for International Development. Reflecting several of the concerns and debates within the seminar, the special edition seeks to understand poverty, vulnerability and economic marginality within contemporary South Africa. Across a diversity of sectors the articles grapple with the two related tasks. They examine which concepts are useful for understanding economic marginality and ask (with varying degrees of explicitness): what are the appropriate policy responses to enduring poverty, vulnerability and marginality in South Africa?
Source: Law, Democracy & Development 14, pp 1 –4 (2010)More Less
"Globalisation", like climate change, is one of the abiding realities of our time which, within a generation, has changed the world almost beyond recognition. The term itself means different things to different people, ranging from economic integration in itself to the now-defunct neo-liberal policies that largely guided the process up to the sub-prime crisis of 2008. Most of those engaged with the first-world economy in countries around the globe have experienced it, above all, as a revolution in information technology which, some say, has changed the way we think.