PER: 2012 Volume 15 No 4
8 November 2012
- Demographic and social factors influencing public opinion on prostitution: an exploratory study in Kwazulu-Natal province, South Africa / Pudifin, S & Bosch, S
- Rent control: a comparative analysis / Maass, S
- The role of human dignity in the assessment of fair compensation for unfair dismissals / Vettori, S
- A critique of the key legislative framework guiding civil liberties in Zimbabwe / Mapuva, J & Muyengwa, L
- The Bengwenyama Trilogy: constitutional rights and the fight for prospecting on community land / Humby, T
- Sink or swim? Debt review's ambivalent "lifeline" - a second sequel to "… a tale of two judgments" Nedbank v Andrews (240/2011) 2011 ZAECPEHC 29 (10 May 2011); Firstrand Bank Ltd v Evans 2011 4 SA 597 (KZD) and Firstrand Bank Ltd v Janse van Rensburg 2012 2 All SA 186 (ECP) / Steyn, L
This issue contains six diverse contributions on topics ranging from prostitution to rent control, unfair dismissals, civil liberties in Zimbabwe, prospecting rights and insolvency issues. The first article is from Sarah Pudifin (pupil advocate at the KwaZulu-Natal Bar) and Shannon Bosch (senior lecturer in law at the University KwaZulu-Natal), who examine countervailing South African public opinion on the subject of prostitution and identify the factors which might influence these attitudes. Sue-Mari Maass of the University of South Africa in the second article gives a comparative analysis of rent control measures imposed in various jurisdictions (South Africa, New York and England) to provide tenure protection for vulnerable tenants. The third article is from Stella Vettori , also of the University of South Africa, who discusses the role of human dignity in the assessment of fair compensation for unfair dismissals. The authors of the fourth article are Jephias Mapuva and Loveness Muyengwa-Mapuva. They discuss key legislation within the areas of media and access to information, individual rights and freedoms, as well as legislation pertaining to the conduct of elections in Zimbabwe.
The issue concludes with two case notes. The first one is from Tracy-Lynn Humby of the University of the Witwatersrand. She writes about the conflict between two empowerment firms, Bengwenyama Minerals (the investment vehicle of the Bengwenyama-ye-Maswazi community) and Genorah Resources, which culminated in three judgments, termed the "Bengwenyama trilogy" by the author. Her focus is on the right of a community to prospect or mine and the protection thereof during mining activities. The second note, written by Lee Steyn of the University of South Africa, considers case law which deals with the interface between the National Credit Act 34 of 2005 and the Insolvency Act 24 of 1936. The question in all three cases she discusses was whether or not a debtor's application for debt review constitutes an act of insolvency which can be relied upon by a debtor in an application for the compulsory sequestration of the debtor's estate.
Editor: Professor Christa Rautenbach / Edition editor: Professor Louis Kotze
(2012)South African labour law is concerned with the attainment of fairness for both the employer and the employee. In weighing up the interests of the respective parties it is of paramount importance to ensure that a delicate ...
Sink or swim? Debt review's ambivalent "lifeline" — a second sequel to "… a tale of two judgments" Nedbank v Andrews (240/2011) 2011 ZAECPEHC 29 (10 May 2011); Firstrand Bank Ltd v Evans 2011 4 SA 597 (KZD) and Firstrand Bank Ltd v Janse van Rensburg 2012 2 All SA 186 (ECP) (2012)The interface between the National Credit Act 34 of 2005 and the Insolvency Act 24 of 1936 has been the object of our courts' attention in a number of recent cases including Ex parte Ford and Two Similar Cases 2009 3 SA ...
Demographic and social factors influencing public opinion on prostitution: an exploratory study in Kwazulu-Natal province, South Africa (2012)This paper examines countervailing South African public opinion on the subject of prostitution in South Africa, and identifies the factors which might influence these attitudes. It also investigates the complex relationship ...
(2012)Recent case law shows that vulnerable, previously disadvantaged private sector tenants are currently facing eviction orders – and consequential homelessness – on the basis that their leases have expired. In terms of the ...
(2012)Although developments subsequent to the judgment have undermined the value of the decision for the community involved, the Constitutional Court's judgment in the Bengwenyama matter provides a welcome precedent on the ...
(2012)The dynamic and controversial nature of Zimbabwean politics has manifested itself through several undemocratic practices, including restrictive legislation which sought to diminish participatory spaces and/or curtail ...