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FORUM CONTRIBUTION: Towards a more activist parliament more engaged with civil society - F1
This contribution consists of the edited text of a speech delivered by Yunis Carrim at the launch of the Community Law Centre’s Parliamentary Programme in Cape Town on 20 October 2010, and is reproduced here because of the importance of the issues it addresses in the context of South Africa’s evolving democratic... Read More...

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Dismissal of an employee at the instance of a client: Revisiting Nape v INTCS Corporate Solutions (Pty) Ltd in the context of the Labour Relations Amendment Act 6 of 2014 – pg.106.
Exploring the citizen inclusiveness and micro-economic empowerment aspects of regional integration in Africa - pg. 91.
The role of traditional leaders in Zimbabwe: Are they still relevant? – pg. 69.
An overview of South Africa’s institutional framework in promoting women’s right to development – pg. 46.
Does the South African Pension Funds Adjudicator perform an administrative or a judicial function? – pg. 20.
Geography, marginalisation and the performance of the right to have access to health care services in Johannesburg – pg. 1.
Book review: Socioeconomic Rights in South Africa: Symbols or Substance? p.261
Refugees and asylum seekers: Barriers to accessing South Africa’s Labour Market - pg. 232.
An investigation into the causes of violent strikes in South Africa: Some lessons from foreign law and possible solutions - pg. 211.
Using courts of law to tackle poverty and social exclusion: The case of post-2010 Kenya - pg. 193.
The Investor-State Dispute Resolution Forum under the SADC Protocol on Finance and Investment: Challenges and opportunities for effective harmonisation - pg. 175.
The Zimbabwe Human Rights Commission: Prospects and challenges for the protection of human rights - pg. 148.
Revisiting legal harmonisation under the Southern African Development Community Treaty: The need to amend the Treaty - pg. 127.
The Unresolved Ethnic Question in Uganda’s District Councils – pg. 107.
An overview analysis of selected challenges in the enforcement of the prohibition of insider trading and market manipulation in the European Union and South African regulatory frameworks – pg 94.
Institutionalising a military judicial office and improving security of tenure of military judges in South Africa – pg 79.
Insufficient access to substance abuse treatment centres for illicit drug users and its potential effect on a foetus: a breach of the right to access healthcare services - pg 65.
Kenya’s implementation of the Smuggling Protocol in response to the irregular movement of migrants from Ethiopia and Somalia - pg 29.
In the face of judicial deference: Taking the “minimum core” of socio-economic rights to the local government sphere - pg 1.
A critique of the protection afforded to non-standard workers in a temporary employment services context in South Africa – pg. 334.
Regional integration in the area of intellectual property: The case for Southern African Development Community involvement – pg. 317.
After the Novartis judgment - "Evergreening" will never be the same again! – pg. 305.
Devolution of power in Zimbabwe’s new constitutional order: Opportunities and potential constraints – pg. 289.
The political question doctrine in Uganda: A reassessment in the wake of CEHURD – pg 264.
Human rights, core labour standards and the search for a legal basis for a trade-labour linkage in the multilateral trade regime of the World Trade Organisation – pg. 240.
Development as a right in Africa: Changing attitude for the realisation of women’s substantive citizenship – pg 224.
The Amended Government Procurement Agreement: Challenges and opportunities for South Africa - pg. 202.
Contemporary trends in provincial government supervision of local government in South Africa - pg. 178.
Before the camel’s back is broken: How Malawi provides succour to employers by jettisoning the payment of a severance allowance and pension benefits at the same time - pg. 164.
Assessing the nature of competition law enforcement in South Africa - pg.136.
South Africa’s post-apartheid microcredit-driven calamity – p.92.
Reflections on the rejection of the right to sexual orientation by the institution of traditional leadership: lessons from South Africa - pg. 80.
Driving corporate social responsibility through Black economic empowerment - pg. 58.
Divorce and the law of Khul: A type of no fault divorce found within an Islamic legal framework - pg 37.
The SADC regional bloc: What challenges and prospects for regional integration? - pg. 22
Rights discourse and practices, everyday violence and social protests: Who counts as subject and whose lives are real in the neo-colonial South African nation state? - pg.1.
Human rights litigation using international human rights law: The IHRDA experience – p. 504.
The right to basic education, the South African constitution and the Juma Musjid case: An unqualified human right and a minimum core standard - p 477.
The European Union as a model for regional integration in the Southern African Development Community: A selective institutional comparative analysis - p 457.
Litigating human rights in South Africa: The experience of the Centre for Applied Legal Studies - p 444.
Litigating socio-economic rights in domestic courts: The Kenyan experience - p 419.
The approaches of the African Commission to the right to health under the African Charter - p 393.
How international human rights law influences domestic law in Africa - p 378.
Guidelines and principles on imprisonment and the prevention of torture under the African Charter on Human and Peoples’ Rights: How relevant are they for South Africa? p - 363.
The right to adequate housing in the African regional human rights system: Convergence or divergence between the African Commission and South African approaches - p 342.
Seven years in business: Evaluating developments at the African Court on Human and Peoples' Rights - p 317.
From a cat into a lion? An overview of the progress and challenges of the African human right system at the African Commission’s 25 year mark - p 298.
Poverty as injustice - p 273.
Securing land rights in rural communities of Nigeria: Policy approach to the problem of gender inequality - p 253.
Boko Haram: An enquiry into the socio-political context of Nigeria’s counter-terrorism response - p 226.
The social model of disability, rights discourse and the impact of South Africa’s Education White Paper 6 on access to the basic education system for persons with severe or profound intellectual impairments - p 202.
The relevance of a multidisciplinary Interpretation of selected aspects related to women’s sexual and reproductive health rights in Africa – p 177
Special interest councillors in Zimbabwe: A review of law and practice in terms of the 2013 Constitution - p 157.
Who is watching the watchers? : A critical assessment of the Independent Police Investigative Directorate’s prospects of investigating misconduct in the South African Police Service - p 132
“One moment of extreme irresponsibility”: Notes and comments on Humphreys v S and the volitional component of dolus eventualis in the context of dangerous or irresponsible driving - pg 64
Uganda’s civil courts and the administration of military justice: An appraisal of their jurisprudence on selected issues - p 111
Derogation from constitutional rights and its implication under the African Charter on Human and Peoples’ Rights – pg 78
Phishing in the world wide web ocean: Roestof v Cliffe Dekker Hofmeyr Inc – A case of cyber laundering through an attorney’s trust account – p 49
States’ Obligations in Relation to Access to Medicines: Revisiting Kenyan High Court Decision in P.A.O and Others v Attorney General and Another - p 24
Pornography is going on-line: The harm principle in Dutch law - p 1
The narrative of vulnerability and deprivation in protection regimes for the internally displaced persons (IDPs) in Africa: An Appraisal of the Kampala Convention - p 219
Constructing the Amicus Curiae Procedure in Human Rights Litigation: What can Uganda Learn from South Africa? - p 199
Protecting inmates’ dignity and the public’s safety: A critical analysis of the new law on medical parole in South Africa - p 185
Defining the term basic education in the South African Constitution: An international law approach - p 162
Democracy and pretend democracies in Africa: Myths of African democracies - p 139
Between tax competition and tax harmonisation: Coordination of value added taxes in SADC member states - p 119
Towards a human rights-based approach to trade and investment in Africa in the context of globalisation - p 101
Gender-specific HIV policies and programmes at South African workplaces - p 89
A foreskin too far? Religious, “medical” and customary circumcision and the Children’s Act 38 of 2005 in the context of HIV/Aids - p 69
Application of the African Charter by African Sub-Regional Organisations: Gains, Pains and the Future - p 49
The state of civil society participation in Parliament - p 29
People want to work, yet most have to labour: Towards decent work in South African supply chains - p 1
The school funding system and its discriminatory impact on marginalised learners - p 339
The Ethiopian Federal Ethics and Anti-Corruption Commission: A Critical Assessment - p 215
The right of access to sufficient water in South Africa: How far have we come? - p 244
Fiscal autonomy of urban councils in Zimbabwe: A critical analysis - p 37
Using International Human Rights Law to Promote Constitutional Rights: The (Potential) Role of the South African Parliament - p 311
Local government in Ethiopia: still an apparatus of control? - p 133
The “hollowing-out” of trade union democracy in COSATU? Members, shop stewards and the South African Communist Party - p 279
Formal-informal economy linkages: What implications for poverty in South Africa?
In our common interest: Liability and redress for damage caused to the natural environment during armed conflict - p 90
Inequality and economic marginalisation: How the structure of the economy impacts on opportunities on the margins
Chewing more than one can swallow: the creation of new districts in Uganda - p 19
Privatisation, human rights and security: Reflections on the Draft International Convention on Regulation, Oversight and Monitoring of Private Military and Security Companies - p 182
The role of “black capital” in revitalising land reform in Limpopo, South Africa
RETRACTED: Mainstreaming women, equating men: Charting an inclusionary approach to transformative development in the African decade for women - p160
Sour grapes
Following the NAFTA Star: SADC land reform and investment protection after the Campbell litigation - p 59
The curious absence of human rights: Can the WIPO Development Agenda transform intellectual property negotiation?
Waste management and the workplace
Ukuqhwabela ukuba kuthathwe isigqibo sokugqibela ‘somThetho wezona zigwebo ziphantsi
"The effect of women’s care-giving role on their social security rights
The additional protocol to the African Charter on Human and People’s Rights: indications of capacity for African municipal systems
The impact of traditional sex practices on the construction of female sexuality: an African human rights perspective
Policy and practice in South African prisons: An update
Free trade or just trade? The world trade organisation, human rights and development (Part 2)
Informal business and poverty in South Africa: Rethinking the paradigm
Legislative and executive translation of the right to have access to health care services
Collective bargaining under the new Labour Relations Act: The resurrection of freedom of contract
Trade unions and the law: Victimisation and self-help remedies
Industrial democracy in South Africa's transition
Does size matter? The Labour Relations Act, majoritarianism and union structure
Small enterprises, the Labour Relations Act and collective bargaining in South Africa
A trend towards co-determination? Case studies of South African enterprises
Where is management going? Employer strategies with regard to worker participation and work-place forums
Democratising the public service: Co-determination, workplace democratisation and transformation
Negotiating the future: Labour's role in NEDLAC
Engaging the state and capital: Labour and the deepening of democracy in South Africa
Co-determination and transformation: Co-optation or alternative vision
The LRA and work-place forums: Legislative provisions, origins, and trans formative possibilities
Introduction to socio-economic rights in the South African Constitution
The place and recognition of socio-economic rights in France
An interpretation of "relevant organs of state" in section 184(3) of the Constitution and their duty to provide information on socio-economic rights to the South African Human Rights Commission
Guaranteeing loans to and by municipalities: The legal framework, problems and solutions
The horizontal application theory and its influence on freedom of agreement in the law of contract - a South African perspective
The horizontal application theory and its influence on the freedom of contract - a French point of view
"So many legislative changes with such little impact" - a gender analysis of labour reform
Public Funding of Represented Political Parties Act 103 of 1997 and the implementation of section 236 of the 1996 Constitution
Access of political parties to the media during election campaigns
Governing rules and principles of the WTO: Its scope and future development in the context of globalisation
Globalisation, the World Trade Organisation and the implications for developing countries
The TRIPS agreement and South African legislation: The case of the parallel importation of medicines
The dispute resolution mechanism of the World Trade Organisation five years after its implementation
Global governance and national sovereignty: The World Trade Organisation and South Africa's new constitutional framework
The World Trade Organisation and Southern African trade relations
A right to truth, justice and a remedy for African victims of serious violations of international humanitarian law
Respecting revenge: The road to reconciliation
Living in the wake of the Truth and Reconciliation Commission: A retroactive reflection
Reparations policy in South Africa for the victims of apartheid
Preconditions and processes for establishing a Truth and Reconciliation Commission in Rwanda: The possible interim role of Gacaca community courts
Painful peace: Amnesty under the Lome Peace Agreement in Sierra Leone
Transitional justice and the prosecution model: The experience of Ethiopia
Social Security: A conceptual view
Those who have and those who don't: An investigation into the limited scope of application of social security in South Africa
The case for increased reform of South African family and maternity benefits
Social security aspects of accident compensation: COIDA and RAF as examples
Get to work on unemployment
Disability: the quest for reform
Protection and enforcement of the right to social security
Revisiting the social security policy framework in South Africa
Tough on crime and strong on human rights: The challenge for us all
Irreconcilable differences? Building a human rights culture and dealing with crime in post-apartheid South Africa
Fighting crime while promoting human rights in the police. the court and the prisons in South Africa
Should fighting organised crime be a priority as South Africa deals with crime and human rights, and does the need to combat crime justify extraordinary measures that may limit rights?
The role of the ICD in dealing with crime and human rights within the SAPS
Local capacity policing
The pathological malaise within the criminal justice system: Why the courts are not seen to be delivering
Pre-trial detention: Its impact on crime and human rights in South Africa
Debunking "Conglomo-talk": A case study of the amicus curiae as an instrument for advocacy, investigation and mobilisation
Taking responsibilities seriously: The role of the state in preventing transmission of HIV from mother to child
Aiding intolerance and fear: The nature and extent of AIDS discrimination in South Africa
Testing for HIV/AIDS: The constitutional standard
South Africa's evolving jurisprudence on socio-economic rights: An effective tool in challenging poverty?
Incomplete ruptures: The political economy of realising socio-economic rights in South Africa
The public finance implications of recent socia-economic rights judgments
Implementation of Grootboom: Implications for the enforcement of socio-economic rights
A critical assessment of land redistribution policy in the light of the Grootboom judgment
Between availability and entitlement: The Constitution, Grootboom and the right to food
Realising the right of access to water: Pipe dream or watershed?
Tracking South Africa's progress on health care rights: Are we any closer to achieving the goal?
So much to do. so little done: The right of access to anti-retroviral drugs post-Grootboom
Too little? Too late? The implications of the Grootboom case for state responses to child-headed households
The right to education: Lessons from Grootboom
Traditional leadership and its future role in local governance
A perspective on local government's role in realising the right to housing and the answer of the Grootboom judgment
Provincial-municipal relations: A few challenges
District municipalities: Giving effect to shared authority in local government
The quest for financial discipline at local government level: The regulation of municipal borrowing and financial emergencies
Indigenous peoples, corporate power and the knowledge economy: The law and politics of knowledge protection
A new beginning? The enforcement of social, economic and cultural rights under the African Charter on Human and Peoples' RIghts
Trade liberalisation as facilitated through trade agreements within the Southern African region: An instrument in the realisation of socio-economic rights
Socio-economic rights in applicable international trade law
The co-ordination of social security rights in Southern Africa: Comparisons with (and possible lessons to be learnt from) the European experience
The transfer of enterprises and the protection of employment benefits in South and Southern Africa
The right to housing In France and South Africa
Legitimacy and interpretation in Ghanaian law: The literal interpretation theory versus the value-based interpretation theory
Socio-economic rights and the process of privatising basic municipal services
Water privatisation and socio-economic rights in South Africa
Monitoring the implementation of socio-economic rights in South Africa: Some lessons from the international community
The implication of socio-economic rights jurisprudence for government planning and budgeting: The case of children's socio-economic rights
The right of access to land and its implementation in Southern Africa: A comparative study of South Africa and Zimbabwe land reform laws and programmes
An exploration of mata'a maintenance in anticipation of the recognition of Muslim marriages in South Africa: (Re-)opening a veritable Pandora's box?
Defining the parameters of employment: The position of the company shareholder and the close corporation member
Surveying the prisons landscape - what the numbers tell us
A review of the Judicial Inspectorate of Prisons of South Africa
Civilian oversight and South African prisons: An examination of the Independent Visitor system
Prisoners' rights litigation in South Africa since 1994: A critical evaluatIon
Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment as adopted in 2002 by the UN General Assembly 57/1999: Implications for South Africa
The Labour Relations Act and global competitiveness
Collective bargaining and the LRA
Trade unions and institutionalised workers' participation: The German experience
A matter of ongoing concern: Judicial interpretation and misinterpretation of section 197 of Ihe Labour Relations Act
The LRA and the common law
Transforming' South African professional sport: Some observations on recent developments
Affirmation to realisation of the nght of access to information: Some issues on the implementation of PAIA
Challenges to effective prison governance in South Africa
The exclusion of contractors from government contract awards
Sexual harassment in the workplace: A matter of more questions than answers, or do we simply know less the more we find out?
Promoting human rights and achieving reconciliation at the international level (part 1)
The new constitutionalism': The global, the postcolonial and the constitution of nations
The horizontal application of constitutional rights in a comparative perspective
Promoting human rights and achieving reconciliation at the international level (part 2)
Come back when you are 65, Sir': Discrimination in respect of access to social assistance for the elderly
Legal protection of undocumented foreign migrant children in South Africa: Reality or myth?
Like a candle in the wind: Commentary on communications decided by the African Commission of Human and People's Rights in 2003
Extending the frontiers of employment regulation: The case of domestic employment in South Africa
Democracy and development in the age of globalisation
Protection against Unfair Discrimination in the Workplace: Are the Courts Getting It Right?
Who’s in and who’s out: Labour law and those excluded from its protection
Discrimination based on HIV/AIDS status
The right to freedom of religion: an apparently misunderstood aspect of legal diversity in South Africa
Safe as houses? – Balancing a mortgagee’s security interest with a homeowner’s security of tenure
(Illicit) transfer by De Gree
The impact of development on the environment as part and parcel of integrated development planning?
From individual protection to recognition of relationships: samesex couples and the South African experience of sexual orientation reform
Taking those with special housing needs from the doldrums of neglect
Commentary on South Africa’s position regarding equal pay for work of equal value
Older Persons Act: Out with the old and in the with the older?
The National Credit Act: Will it increase access to credit for small and micro enterprises?
Loss of earning capacity: The difference between the sum-formula approach and the “somehow-or-other” approach
“Poverty production” and human rights in the African context
Effects of forced genital cutting on human rights of women and female children: the Nigerian situation
Public Participation: What has the Constitutional Court given the public?
The State of Our Democracy
Children’s rights, international human rights and the promise of Islamic legal theory
The Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa
Free trade or just trade? The World Trade Organisation, human rights and development (Part 1)
The Constitutional state in the developing world in the age of globalisation: from limited government to minimum democracy
Islamic Canon law encounters South African financing and banking institutions
Mind the gap: suggestions for bridging the divide between formal and informal social security
Democracy and elections in Africa in the Democratic Republic of Congo: Lessons for Africa
Bureaucracy is constraining democracy in South African schools
Promotion of good governance and combating corruption and maladministration: the case of Botswana
The betrayal of Steve Biko – South Africa’s Initial Report to the UN Committee against Torture and responses from civil society
The case of Johannesburg water: What really happened at the pre-paid “Parish pump”
The quest for freedom of information law – the Zambian experience
Social protection for developing countries: Can social insurance be more relevant for those working in the informal economy?
Scrutinising regional standards of democracy in Africa
Why provincial Intra-governmental disputes in South Africa remain ungoverned by the final constitution and the Intergovernmental Relations Framework Act
The past is a foreign country: Official public memory in South African constitutional jurisprudence
Procedural explanations and choices: The undefended accused in a minefield
The National Health Amendment Bill 2008 and governmental policy reform: how far is too far?
The law regarding the division of the retirement savings of a retirement fund member on his or her divorce

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