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Item Open Access Voluntary associations and the constitution: Eastern Province Athletics Association v Association of Athletics SA(Faculty of Law, University of the Free State, 2008) Erasmus, D.Abstract not availableItem Open Access The potential effectiveness of the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000(Faculty of Law, University of the Free State, 2008) Kok, A.English: I consider the potential effectiveness of the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 in achieving its stated goal of effecting far-reaching societal transformation. I do this by identifying 18 criteria of effective legislation, inter alia that such a law must be able to be implemented and enforced, that it should be highly visible and popularised, that it must provide for effective remedies, that it should not require substantial adjustments of current mores, and that a law set up to protect the economically weak will have limited impact. I then compare these criteria to the Act and conclude that the Act may well be able to assist individual claimants, but that farreaching societal changes will not follow from the Act’s implementation.Item Open Access Elemér Balogh (1881-1955): the scholar of Roman Law and of Comparative Law(Faculty of Law, University of the Free State, 2008) Hamza, G.Abstract not availableItem Open Access Geographical indication protection in South Africa with particular reference to wines and the EU connection(Faculty of Law, University of the Free State, 2008) Van der Merwe, A.Abstract not availableItem Open Access Informed consent to participation in preventive HIV vaccine efficacy trials in the light of section 12(2)(c) of the South African Constitution(Faculty of Law, University of the Free State, 2008) Nienaber, A. G.English: Clinical trials to develop an effective vaccine against HIV are currently underway in South Africa. The scientific, epidemiologic and socio-economic backgrounds against which these trials are likely to take place are described, as well as the risks and benefits attaching to participation. It is argued that, against this background, informed consent will be difficult to achieve. In the light of this reality, the extent of the constitutional guarantee in section 12(2)(c) is investigated. The content of section 12(2)(c) is analysed, and recent case law that deals with section 12 is examined critically. It is concluded that the constitutional guarantee contained in section 12(2)(c) is an important buttress against communities’ exploitation during HIV vaccine trials.Item Open Access Gronde vir die weiering van toegang tot inligting soos van toepassing op openbare instellings (deel II)(Faculty of Law, University of the Free State, 2008) Roberts, B.English: The right of access to information as contained in section 32 of the Constitution of the Republic of South Africa, is not an absolute right. It has to be limited in order to protect sensitive material of which the disclosure may cause damage to individual or public interests. In light of this, the Promotion of Access to Information Act 2 of 2000 (PAIA) contains a number of legitimate grounds for the refusal of information. Part I of this article provided an explanation of the structure of the grounds for refusal, looked at the principles relevant to their correct interpretation and continued with an analysis of the first six grounds as contained in the PAIA. In part II, the remainder of the grounds for refusal that are applicable to public institutions, are examined (sections 40 to 46). These grounds, amongst others, relate to records concerning the defence, security, international relations and economic and financial welfare of the Republic, records that reveal research information of a third party or a public institution and records concerning the operations of public institutions. As was the case in part I, the grounds are analysed with reference to corresponding provisions of the American Freedom of Information Act, the Canadian Access to Information Act, the New Zealand Official Information Act and the Australian Freedom of Information Act.Item Open Access Do "values" mean anything at all? Implications for law, education and society(Faculty of Law, University of the Free State, 2008-06) Benson, Ian T.English: The term "values" is ubiquitous in modern discourse. It is held by many to embody high and noble aspirations that can be shared meaningfully. Often preferred to other terms, such as "virtues", however, values can be seen as creating an illusion of moral meaning rather than conveying something substantive and worthy of pursuit. This paper reviews scholarship that examines the term "values," particularly in relation to law and education , and suggests that the term is one that obfuscates rather than furthers clarity of meaning and that does, in fact, tend in a subjective and individualistic direction contrary to the best interests of citizenship in a free and democratic society. The article argues that the concept of "values" itself, and programmes relating to such things as "values clarification" should not form the basis of education in and for a free and democratic society. An understanding of the nature and history of "virtues" as a tool for public education is argued for, and an extensive bibliography on "values" and "virtues" included.