PER: 2006 Volume 9 No 2
27 September 2006
- Grounds for dispensing with public tender procedures in Government Contracting / Bolton, P
- Deference and Diffèrance: Judicial Review and the Perfect Gift / De Ville, J
- Between Economic and Legal Analysis of Incorporated Things: a Critical "NO" to Aedilitian Remedies / Kilian, CG
- Human Rights Commission Et Al: What is the role of South Africa's Chapter 9 Institutions? / Murray, C
- Developing Countries and Copyright in the Information Age - The Functional Equivalent Implementation of the WCT / Pistorius, T
- The Role Played by the South African Human Rights Commission's Economic and Social Rights Reports in Good Governance in South Africa / Horsten, D
This second edition of 2006 offers an interesting range of topics, in this instance all covered by South African authors
In her analysis of the "institutions supporting constitutional democracy" established by the South African Constitution, Professor Christina Murray of the University of Cape Town argues that the institutions share the roles of providing a check on government and of contributing to transformation. The newness of democracy, the great demands on the state and the political dominance of the governing party in South Africa are identified as the greatest challenges of the institutions discussed.
Professor Jacques de Ville of the University of the Western Cape reflects upon David Dyzenhaus' deferential model of judicial review against the background of Jacques Derrida's understanding of the paradoxes inherent in the notions of justice, democracy and the gift, and concludes that judicial review requires some rethinking due to the limitations of the conception of justice.
Professor Tana Pistorius of the University of South Africa points out the disparate forms of copyright protection for digital and analogue media, and argues, with reference to the importance of copyright law for development, for adherence to the principle of functional equivalence in the implementation of the WIPO Copyright Treaty.
Against the background of the constitutional requirements for public procurement, Dr Phoebe Bolton of the University of the Western Cape considers South African legislation which allows for exceptions to the use of state tendering. With reference inter alia to relevant international instruments, the author provides guidance for the interpretation of the legislation concerned.
Mr Neels Kilian of the Tshwane University of Technology engages the question whether incorporeal things could possess characteristics of value similar to corporeal things. This he does with reference to South African judicial precedent, the sale of a business and the principles of Roman Law.
In her note Debra Horsten of the Potchefstroom Campus of the North-West University assesses the effectiveness of the South African Human Rights Commission's annual reports on the implementation of socio-economic rights as a mechanism for the improvement of good governance.
Editor: Professor Francois Venter / Guest editor: Ms. Anél du Plessis
The role played by the South African human rights commission's economic and social rights reports in good governance in South Africa (2006)The preamble of the Constitution of South Africa, 1996 (the Constitution) contains the commitment to, amongst other things, establish a society based on democratic values, social justice and fundamental human rights, lay ...
Developing countries and copyright in the information age - the functional equivalent implementation of the WCT (2006)Digital technology has had a profound impact on copyright law. The implementation of the WIPO Copyright Treaty (WCT) and the enforcement of technological protection measures have led to disparate forms of copyright protection ...
(2006)The six independent institutions established under Chapter 9 of the South African Constitution have been heavily criticised recently. One of the reasons that they are vulnerable to criticism is a lack of understanding ...
Between economic and legal analysis of incorporated things: a critical "no" to Aedilitian remedies (2006)This article analyses the dictum of the Phame v Paizes 1973 3 397 (A) within economic and legal principles to determine whether incorporeal things could possess characteristics of value or quality characteristics as in ...
(2006)The highest courts in both Canada and South Africa have expressed themselves in favour of an approach of deference as respect in the review of administrative action. The notion of deference as respect derives from ...
(2006)The Constitution of the Republic of South Africa1 provides that organs of state must comply with five principles when procuring goods or services: procurement procedures must be fair, equitable, transparent, competitive ...