PER: 2014 Volume 17 No 5
19 December 2014
- Transboundary movements of genetically modified organisms and the Cartagena protocol: key issues and concerns / Lim Tung, OJ
- Defending the absurd: the Iconoclast's guide to section 47(1) of the Superior Courts Act 10 of 2013 / McCreath, H & Koen, R
- The legal status of the Spanish Imperial Eagle in Spain and thoughts on environmental law and policy as contributing factors in the conservation of species / Knobel, JC
- Barriers to advocacy and litigation in the equality courts for persons with disabilities / Holness, W & Rule, S
- Reassessing judicial independence and impartiality against the backdrop of judicial appointments in South Africa / Malan, K
- The different worlds of labour and company law: truth or myth? / Botha, MM
- The regulation of acid mine drainage in South Africa: law and governance perspectives / Feris, L & Kotzé, LJ
- Spatial practices in Lowliebenhof: the case of Maphango v Aengus Lifestyle Properties (Pty) Ltd / De Villiers, I
- Rectification and party misdescription: to what extent is rectification competent or useful? / Sharrock, R
- Limiting organisational rights of minority unions: Popcru v Ledwaba 2013 11 BLLR 1137 (LC) / Cohen, T
This issue consists of 10 contributions dealing with various topics. The first article, by Odile Lim Tung, discusses the international framework on the transboundary movement of genetically modified organisms, focusing on key issues and concerns regarding identification and traceability, the relationship between international agreements, the harmonisation of national regulation, risk assessment and risk management, socio-economic considerations, implementation and dispute settlement. In the second article, Haneen McCreath and Raymond Koen demonstrate that section 47(1) Superior Courts Act 10 of 2013 does not limit section 34 of the Constitution of the Republic of South Africa, 1996. They argue that it passes constitutional muster at the first level of enquiry, thereby obviating the need for advancing to the second level of enquiry contained in section 36 (the limitation clause) of the Constitution. Third, Johann Knobel reflects on the contributory role of environmental law and policy in the successful conservation interventions on behalf of the rare Spanish Imperial Eagle (Aquila adalberti), with the aim of gaining insights that may be more universally applicable, including in jurisdictions such as South Africa. The fourth article, by Willene Holness and Sarah Rule, discusses the outcome of three cases in the Equality Courts and how these cases promote accessibility and access to justice for persons with disabilities. They examine three barriers to access to justice in accessing the Equality Courts, which were identified during a workshop on accessibility. Koos Malan reassesses judicial independence and impartiality against the backdrop of judicial appointments in South Africa in the fifth article. He identifies two main camps involved in the conflict, which he describes the as the transformationists, on the one hand, and the liberals, on the other. In the second last article, Monray Botha indicates how the different functions, theories and models of labour and company law accommodate and promote the interests of employees in corporations and will also attempt to reconcile these differences. In the last article, Loretta Feris and Louis Kotzé consider the regulation of acid mine drainage in South Africa and whether it is sufficient to address serious environmental threats caused by mining practices.
The first case note, by Isolde de Villiers, deals with the case of Maphango v Aengus Lifestyle Properties (Pty) Ltd 2012 5 BCLR 449 (CC) in the light of the spatial justice turn identified in the works of Michel de Certeau, Henri Lefebvre and Doreen Massey. The second case note, by Robert Sharrock, examines the competence or usefulness of rectifying an incorrect party description in a contract required by law to be in writing, which was dealt with in Osborne v West Dunes Properties 176 2013 6 SA 105 (WCC). The last contribution of this edition is by Tamara Cohen. She discusses the case of Popcru v Ledwaba  11 BLLR 1137 (LC), where the labour court was required to consider if the collective agreements concluded between the employer and the majority union could be relied upon to prohibit the minority union from securing organisational rights.
Editor: Professor Christa Rautenbach / Edition Editor: Doctor Anél Gildenhuys
(2014)The Labour Relations Act 66 of 1995 unequivocally promotes the policy choice of majoritarianism, in furtherance of orderly collective bargaining and the democratisation of the workplace. The majoritarian model aims to ...
(2014)The decision in Osborne v West Dunes Properties 176 2013 6 SA 105 (WCC) raises some interesting issues regarding the competence or usefulness of rectifying an incorrect party description in a contract required by law to ...
(2014)Acid mine drainage (AMD) is arguably one of the most serious environmental concerns in South Africa. AMD is a legacy left behind by abandoned, derelict and defunct mines, and is a continuing by-product of existing mining ...
(2014)Recently the South African company law landscape underwent a dramatic overhaul with the introduction of the Companies Act 71 of 2008. Central to company law is the promotion of corporate governance. It is clear that companies ...
Reassessing judicial independence and impartiality against the backdrop of judicial appointments in South Africa (2014)The South African Judicial Service Commission (JSC), considered to be exemplary for its independence, plays a pivotal part in judicial appointments. Yet the Commission has long been marred by tensions that have lately ...
(2014)The effective implementation of the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 (PEPUDA) and the fulfilment of the South African state's obligations in terms of the Convention on the Rights ...
The legal status of the Spanish Imperial Eagle in Spain and thoughts on environmental law and policy as contributing factors in the conservation of species (2014)This contribution reflects on the contributory role of environmental law and policy in the successful conservation interventions on behalf of the rare Spanish Imperial Eagle (Aquila Adalberti), with the aim of gaining ...
Defending the absurd: the Iconoclast's guide to section 47(1) of the Superior Courts Act 10 of 2013 (2014)This contribution was intended as a defence of section 25(1) of the Supreme Court Act 59 of 1959. However, the Supreme Court Act was repealed in August 2013 and replaced by the Superior Courts Act 10 of 2013, and in the ...
Transboundary movements of genetically modified organisms and the Cartagena protocol: key issues and concerns (2014)Biotechnology or the engineering of the genetic material of species can give way to avenues of possibilities for the benefit of people, fauna and flora but also has the potential of posing untold and undiscovered threats ...
(2014)In Maphango v Aengus Lifestyle Properties (Pty) Ltd 2012 5 BCLR 449 (CC) the question before the Constitutional Court was when a landlord may legally cancel contracts of lease and evict tenants. In answering this question ...