PER: 2009 Volume 12 No 1
26 March 2009
- Monitoring, interception and Big Boss in the workplace: is the devil in the details? / Pistorius, T
- A commentary on the positive discrimination policy of India / Deane, T
- A very long engagement: The Children's Act 38 of 2005 and the 1993 Hague Convention on the Protection of Children and Cooperation in Respect of Intercountry Adoption / Couzens, M
- Reflections on the Biowatch Dispute – Reviewing the fundamental rules on costs In the light of the needs of constitutional and/or public interest litigation / Humby, T
- "The show must go on!" Beserings van dramastudente tydens opleiding / Snyman, R & Deacon, J
In this issue the nexus between labour relations and electronic privacy, affirmative action in India, intercountry adoption of children, the award of costs in public interest litigation and the legal uncertainties surrounding liability for injuries of student actors are the themes of the contributions.
Tania Pistorius of UNISA suggests that an employer that knows the relevant links and clicks can avoid the difficulties created by the emergence of e-communication technology regarding the manner in which employees are expected to perform their duties in the workplace.
Tameshnie Deane of UNISA argues, with reference to the case of India, that affirmative action is required for equality to be achieved, but if affirmative action measures are not properly conceived, they become burdensome and even more discriminatory.
Meda Couzens of the University of KwaZulu-Natal comprehensively assesses the impact of the incorporation of the 1993 Hague Convention on the Protection of Children and Cooperation in Respect of Intercountry Adoptions into South African legislation and concludes that the legal recognition of intercountry adoption does not offer a complete response to all of the legal and social problems associated therewith, but that it may ensure that adoptions are performed in the best interests of the child.
Tracy-Lynn Humby of the University of the Witwaters-rand argues that the current South African rules regarding cost orders in public interest and constitutional litigation are not satisfactory as regards access to justice, equal protection and benefit of the law, proportionality, and the accountability of the judiciary and she makes some suggestions for the reform of those rules.
Rika Snyman and Jaco Deacon of the University of the Free State engage the question where the liability lies for injuries suffered by a university student participating in practical drama training, finding that clear answers are not to be found either in labour legislation, nor in legislation concerning occupational health and safety.
Editor: Professor Francois Venter / Edition editor: Christa Rautenbach
(2009)This article emphasises the uncertainty in the relationship between a student undergoing practical training and his/her lecturer or university, if the student should be injured and wants to claim compensation. One must ...
Reflections on the Biowatch Dispute – Reviewing the fundamental rules on costs In the light of the needs of constitutional and/or public interest litigation (2009)Using as a case study the recent decision on costs in the Biowatch matter, this article critically examines the traditional fundamental rules on costs in the light of the needs of constitutional and a fortiori public ...
A very long engagement: The Children's Act 38 of 2005 and the 1993 Hague Convention on the Protection of Children and Cooperation in Respect of Intercountry Adoption (2009)This article analyses the intercountry adoptions provisions contained in Chapter 16 of the Children’s Act 38 of 2005, against the standards of the Hague Convention on the Protection of Children and Cooperation in Respect ...
(2009)Affirmative action and discriminatory measures are complex and controversial issues. The goal of affirmative action is to speed up the creation of a representative and equitable workforce and to assist those who were ...
(2009)This article discusses the opposing dynamics in the modern workplace environment, specifically employees’ expectations of e-privacy and employers’ interception and monitoring of electronic communications. In terms of the ...