ISSN: 2026-8556
Affiliations: Professor of Law, Elizabeth and Arthur Reich Director, Leo and Arvilla, Berger International Legal Studies Program, and Director of the Institute for African Development Cornell University
Source: SADC Law Journal, The, 2014/15, p. 1 – 9
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ISSN: 2521-5442
Affiliations: PescaDOLUS International Fisheries Crime Research Initiative; Extraordinary Lecturer, Centre for Environmental Studies, University of Pretoria
Source: Journal of Ocean law and Governance in Africa (iilwandle zethu), 2017, p. 1 – 55
In line with international developments, South Africa is in the grips of recasting its understanding of illegal fishing as a potential form of fisheries crime that is frequently transnational and organised. This unlocks the use of a number of previously untapped law enforcement tools in the domestic and international criminal law and procedure sphere towards addressing the problem. This article extrapolates these tools in the context of surveying possible South African law enforcement responses relating to fisheries crime from both a legislative (theoretical) and a practical perspective with reference to recent case law trends.
ISSN: 2517-9543
Affiliations: Department of Private Law, Law Faculty, University of Johannesburg
Source: Juta’s Insurance Law Bulletin, Volume 22 Issue 1, 2019, p. 1
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ISSN: 2521-2575
Affiliations: Lecturer, Nelson R Mandela School of Law, University of Fort Hare
Source: Journal of Corporate and Commercial Law & Practice, The, Volume 4 Issue 2, 2018, p. 1 – 30
In recent times the protection of minority shareholders has received quite a lot of attention in corporate governance. This is especially so now that corporate reforms abound. The development of the appraisal remedy has been a means towards the protection of such shareholders. These rights have been occasioned by the relentless contests, which companies are often inundated with, between majority and minority shareholders. Recently, appraisal rights have found expression in legislative frameworks of several countries to accord protection to minority shareholders. In South Africa, the Companies Act 71 of 2008 accords appraisal rights to minority shareholders. Under s 164 of the Act, when minority shareholders opt to exercise appraisal rights by, for example, making a demand to be paid by the company for their shares, those payments are excluded from constituting distribution by the company or the acquisition of shares by a company within the meaning of s 48 of the Act, and as such the payment is exempted from the operation of the provisions of s 48 or the application of the solvency and liquidity test set out in s 4 of the Act. The purpose of this paper is to critically engage with the exemption of a company from the scrutiny of the solvency and liquidity test because of payments made to minority shareholders occasioned by the exercise of appraisal rights.
ISSN: 2413-9874
Affiliations: Emeritus Professor and Coordinator, Labour Law 4.0 niche area, Faculty of Law, University of the Western Cape
Source: Industrial Law Journal, Volume 40 Issue 1, 2019, p. 1 – 11
Disruptive technological change, informalisation of work and deepening socio-economic inequality have affected developed and developing countries in recent decades. The ‘fourth industrial revolution’, involving the proliferation of digitalisation, automation, robotics and artificial intelligence, is accelerating the process by creating space for new forms of irregular work. The digital platform economy, epitomised by online providers of goods and services such as Uber, represents a significant stage in this development. Commercial platforms have gained ground by making possible the delivery of goods and services with a minimum of infrastructure and a maximum of flexibility. In practice, if not in principle, this lends itself to the negation of workers’ rights through classifying workers as ‘independent contractors’ even when they are de facto employees, thus posing new challenges for labour law. The article acknowledges the transformative potential of the platform economy as well as the threat it presents to social justice. It examines three responses from the standpoint of reconciling technological advance with the advancement of social justice. The first is the ongoing fight against disguised employment in the form of legal claims by platform workers to be classified as ’employees’ in order to exercise labour rights. The second is an international campaign for the extension of appropriate rights to all workers on commercial platforms, regardless of their contractual status. The third is the development of an alternative paradigm based on worker ownership or collective ownership of platforms, strongly associated with aspirations for social justice. The article considers the strengths and weaknesses of each of these responses. It reflects on their legal and practical implications in light of current technological trends and compatibility with ongoing scientific advance. A possible development, it suggests, is that of ‘convergence’ between the (dominant) commercial platform sector and the aspirations for social justice embodied in the (marginal) collective sector: progressive transformation of the commercial sector, including the establishment of basic rights for all workers, could narrow the gap, giving rise to hybrid forms of enterprise incorporating sustainable features of both. In this process, the promotion of social justice is seen as a precondition for socio-economic sustainability.
ISSN: 2519-7886
Affiliations: None
Source: The Corporate Report, Volume 9 Issue 1, 2019, p. 1 – 4
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ISSN: 2521-2621
Affiliations: None
Source: African Yearbook on International Humanitarian Law, 2018, p. 1 – 7
The concept of crimes against humanity has its origin in the response to the atrocities committed in 1915 by the Turkish Army against the Armenian people. In 1945 it found its way into the London Agreement in terms of which the Nuremberg Tribunals were established to prosecute the Nazi leaders for the war crimes commit-ted by them. Since then, crimes against humanity have been recognised in customary international law and are reflected in international conventions establishing war crimes tribunals. The drafting of a United Nations Convention devoted to the suppression of crimes against humanity has reached an advanced stage.
ISBN: 978 1 48513 300 1
Affiliations: Honorary Research Associate, University of Cape Town; Research Director Oxford Human Rights Hub; Member of the Johannesburg Bar; Professor of Public Law, University of Cape Town; Advocate of the High Court; Judge President of Competition Appeal Court; Honorary Professor Faculty of Law, University of Cape Town; Senior Counsel, Member of the Johannesburg Bar; Honorary Professor of Law, University of the Witwatersrand
Source: Annual Survey of South African Law, 2016, p. 1 – 48
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ISSN: 2521-2613
Affiliations: Chairperson of the Department of Public Law, School of Law, University of Nairobi
Source: Africa Nazarene University Law Journal, 2018, Issue 2, p. 71 – 91
This article examines the woman-to-woman marriage institution in Kenya, and its benefits to the women involved and the society at large, vis-à-vis the human rights of women as guaranteed under international law and the Constitution of Kenya. The article argues that woman-to-woman marriage offers practical benefits to women and the larger society, although there is a need to ensure that the practice does not violate the rights of the women involved. The article notes that the institution is entrenched and the failure to promote it would be challenging and problematic. Instead, there is a need to ensure that constitutional protection of the practice and protection of the human rights of women are balanced.
ISSN: 2521-2613
Affiliations: Lecturer at the Faculty of Law, Mzumbe University; Advocate of the High Court
Source: Africa Nazarene University Law Journal, 2018, Issue 2, p. 47 – 70
The right to enjoy and participate in cultural life is one of the fundamental human rights recognised at international, regional and sub-regional levels. States are required to respect, protect and fulfil this right, and provide remedies in cases where it is infringed. To achieve this obligation, necessary measures such as legislative measures have to be in place. Such measures are aimed at preserving indigenous peoples’ cultures from potential threats caused by large-scale development projects such as mining, owing to the principle of permanent sovereignty over natural resources. Under this principle, states enjoy the right to regulate access to and use of natural resources within their borders. Consequently, mining activities which threaten the continued cultural practices and lifestyles of communities within the vicinity of the mining project could be dealt with under such laws. Notably, most developing countries’ legal frameworks do not fully guarantee human rights nor do they effectively regulate mining to avoid violations of these rights. In this paper it is argued that multinational companies and intergovernmental initiatives, despite being voluntary in nature, seem to be the gap-filler to ensure that mine-host communities’ cultural lives are not impacted by the presence of mining projects in countries whose legal framework is below the internationally recognised standard for human rights.