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Volume 15 Number 2 Year 2012

19 articles in this issue 

Eberhard Bertelsmann

Judge Eberhard Bertelsmann of the North Gauteng High Court delivered the address published here as he delivered it in Afrikaans in the series of FW de Klerk lectures in Potchefstroom on 20 February 2012.  He dealt with the role of and limitations on ... see more

 

Louis Harms

Terence McKenna, in Wild Ducks Flying Backwards, said that he did not believe that the world is made of quarks or electro-magnetic waves, or stars, or planets, or of any such things. ’I believe’ he said, ‘the world is made of language.’ It would have been... see more

 

Hartmut Hamann

Decentralisation can enable a country's population to exercise political influence at regional and local level. This presupposes a willingness to assume responsibility. It also presupposes that those in power are willing to hand over some of the power. To... see more

 

Henry Ojambo

Since the rise to power of the Movement government under the leadership of Yoweri Museveni in 1986, Uganda has largely been show-cased as an emerging democracy on the continent. Among other things, Museveni's regime has been acclaimed for the restoration ... see more

 

Petra Zimmermann-Steinhart, Yakob Bekele

This paper analyses impacts of the federal system and the decentralisation of functions to the district level on Ethiopia's socio-economic development. Firstly we will highlight the principles of the Ethiopian federal system as well as those of the 2001/2... see more

 

David Carey Miller

This article attempts to understand the radical reform of Scottish land law in its provision for a general right of public access to private land introduced in 2003 as part of land reform legislation, an important aspect of the initial agenda of the Scott... see more

 

Robbie Robinson

The relationship between the individual and the State is discussed in this contribution.  The argument is put forward that both the State and the individual are legal subjects endowed with legal subjectivity. In their relationship it must be accepted... see more

 

Michelle Barnard

It is universally accepted that renewable energy is an important contributing factor towards the promotion of sustainable development.  The implementation of renewable energy needs to be regulated in an effective manner which in turn necessitates the... see more

 

Loma Steynberg, Raheel Ahmed

The RAF Amendment Act 19 of 2005 came into effect on 1 August 2008 and sections 17(1) and 17(1A) introduced the concept of “serious injury”. This entails that a third-party claimant who wishes to claim compensation for non-patrimonial loss suffered after ... see more

 

Magda Slabbert, Herman J Edeling

The Road Accident Fund Amendment Act 19 of 2005 came into effect on 1 August 2008. This Act limits the Road Accident Fund’s liability for compensation in respect of claims for non-pecuniary loss to instances where a “serious injury” has been sustained. A ... see more

 

Murdoch Watney

This contribution focuses on the modalities of mutual legal assistance and extradition from a South African perspective. The question is posed whether South Africa has succeeded to establish the required framework as a fully fledged member of the internat... see more

 

Tamara Cohen, Luendree Moodley

The fundamental goal of the International Labour Organisation is the achievement of decent and productive work for both women and men in conditions of freedom, equity, security and human dignity. The South African government has pledged its commitment to ... see more

 

Rinda Botha, Jo-Mari Visser

The debate concerning the use of violence by the police force is an endless one. Section 49 of the Criminal Procedure Act 51 of 1977 serves as a framework for the use of violence by police officers during arrests in South Africa. While some hold the opini... see more

 

Fawzia Cassim

This article looks at the definition of cyber terrorism and terrorist use of the Internet. The article evaluates cyber terrorist threats facing countries such as the United States of America, the United Kingdom, India and South Africa. The article also ex... see more

 

Amos Saurombe

Without some level of institutionalisation or other means of enforcement, national commitment to regional trade integration is bound to face some challenges. Accordingly, transnational trade is obviously inhibited when the validity and enforcement of cont... see more

 

Yousuf A Vawda, Farhana Variawa

South Africa is renowned for having a progressive Constitution with strong protection of human rights, including protection for persons using the public health system. While significant recent discourse and jurisprudence have focused on the rights of pati... see more

 

Omphemetse S Sibanda

This paper evaluates the Canadian and the European Union's (EU) implementation of the World Trade Organisation (WTO) General Council Decision of 2003, which resolved that developed nations could export patented pharmaceutical drugs to member states in ord... see more

 

Motsotsile Clement Marumoagae

Over the years, the South African retirement fund industry has experienced major regulatory changes. These changes were aimed at imposing a higher standard of governance on the boards of trustees governing various pension funds. As such, there has been a ... see more