Browse
Recent Submissions
Item Open Access Equality for people with disabilities in the workplace: an overview of the emergence of disability as a human rights issue(Faculty of Law, University of the Free State, 2004) Ngwena, C.English: In essence, the article explores the development of disability as a human rights issue with a particular focus on equality in the workplace. It draws from developments that have been taking place at the international plane as well as in other jurisdictions. Throughout, the article seeks to ultimately relate disability to the South African workplace. It is submitted that human rights jurisprudence has been slow in harnessing equality as a normative tool for overcoming prejudice and indifference in the workplace environment. However, in the last two decades or so, there has been a paradigm shift, with disability emerging as a human rights issue at international and domestic levels. The growing recognition of the concept of reasonable accommodation as a mechanism for realising equality for people with disabilities in the workplace, is one of the most promising signs of a new approach to disability.Item Open Access Die ontoereikende beskerming van sekswerkers in die Suid-Afrikaanse reg, gesien teen die agtergrond van geweld waaraan hulle blootgestel word(Faculty of Law, University of the Free State, 2004) Botha, R.English: This article has as its focus the presence of violence in the life story of every sexworker as well as the attendant problems. Most sexworkers experience violence (from their clients or their pimp) on a daily basis in the pursuit of their presently illegal occupation. The fear of prosecution prevents these workers from reporting violence-related offences committed against them. This currently leaves sexworkers in a precarious position where they have to rely on their own, self-created precautionary measures against violence, which up to now have proven to be highly unsuccessful. By means of statistical information and a review of some violence-related incidents, it is the author's intention to highlight this problem and to recommend the decriminalisation of prostitution in South Africa as the only feasible solution.Item Open Access Regsverteenwoordiging tydens dissiplinĆŖre optredes en arbitrasies - 'n kort oorsig oor die huidige regsposisie(Faculty of Law, University of the Free State, 2004) Deacon, J.English: With the recent amendments to the Labour Relations Act 66 of 1995 the question of legal representation was raised again. This article deals with the current legal position and explains the advantages and disadvantages of legal representation during disciplinary action and arbitrations. In conclusion legal representation should always be an option for any party during any disciplinary action. The presiding officer should, however, have a discretion not to allow legal representation if circumstances allow it. Legal representation will definitely enhance and promote just and fair dispute resolution and disciplinary action. Legal practitioners can play a meaningful role in maintaining good labour relations and ensuring fairness between the employer and employee. There is little justification for summarily excluding legal representation.Item Open Access A note on the history of the Faculty of Law of the University of the Free State(Faculty of Law, University of the Free State, 2004) Henning, J. J.; De Bruin, J. H.; Wessels, H. A.Abstract not availableItem Open Access Die behoefte aan 'n wyer artikel 2(3) van die Wet op Testamente 7 van 1953 (soos gewysig): 'n kritiese beskouing: chronicle(Faculty of Law, University of the Free State, 2004) Faber, J. T.; Rabie, P. J.Abstract not availableItem Open Access The impact of Scholasticism and Protestantism on Ulrich Huber's views on constitutionalism and tyranny(Faculty of Law, University of the Free State, 2004) Raath, A. W. G.; Henning, J. J.English: Ulrich Huber's (1636-1694) contribution to public law was initiated with his lectures on the general principles of constitutional law at Franeker. The fruits of his work culminated in his De Jure Civitatis. The era in which Huber produced this work was generally characterized by the emergence of rationalism and enlightenment in Dutch jurisprudence. More specifically Huber's work reflects the influence of the transition from enlightened absolutism to democratic government based on the will of the subjects. His views on popular sovereignty culminated in Huber's theory of limited government and resistance to tyranny. A study of the Latin text of Huber's pioneering work reveals valuable perspectives on these trends in the transition of Dutch jurisprudence from scholasticism to enlightenment.Item Open Access Professionele aanspreeklikheid van ouditeure teenoor derdes op grond van nalatigheid(Faculty of Law, University of the Free State, 2004) Strauss, P. M. S.; Jansen, R-M.; Lubbe, D. S.English: People in the professional occupations such as auditors, lawyers, architects and engineers have a duty to treat their clients with solicitude. This duty arises from the nature of their calling and from the professional service that they offer their clients. This has led to the situation where members of the professions have increasingly been held responsible for damage suffered by third parties as a result of the neglect of their professionally inherent obligation of solicitude. Fraud scandals, such as those of Enron in the USA and Masterbond, PSC Guaranteed Growth and Tigon locally, have once again caused the focus to fall upon the professional responsibility of auditors.The question that is increasingly being asked is: when and under what circumstances will an auditor be held responsible towards a third party in his professional capacity for the negligent performance of his duties? For the purposes of this article, the focus will only be placed on the responsibility of the auditor on the grounds of his duty to report in terms of section 300 of the Companies Act. The distinctive rules and also the specific application of the general principles of delict in such cases are discussed in this article.Item Open Access Die Class Proceedings Act van Ontario - 'n voorbeeld van wetgewing vir die regulering van Suid-Afrikaanse groepsgedingvoering(Faculty of Law, University of the Free State, 2004) De Bruin, J.English: In 1995 and 1998 the South African Law Commission proposed the promulgation of legislation to govern class action proceedings. The Class Proceedings Act of Ontario was one of the sources consulted by the Commission. According to the commission this piece of legislation played a valuable role in their recommendations. This contribution discusses this act as an example of legislation which may usefully be consulted in the drafting of a procedure to govern class actions in South Africa.Item Open Access Political Covenantalism, sovereignty and the obligatory nature of law: Ulrich Huber's discourse on state authority and democratic universalism(Faculty of Law, University of the Free State, 2004) Raath, A. W. G.; Henning, J. J.English: Ulrich Huber's De Jure Civitatis, published in Latin, has never been translated into any other language, making this a relatively unknown source in constitutional law. In this work Huber responds to the state absolutism of Machiavelli and Hobbes. Although Huber objects strongly to Hobbes's enlightened absolutism, his own theory of the double social contract scheme harbours distinct elements of political universalism.The possibilities for political resistance by subjects in the state are very limited. Although Huber's theory of constitutionalism prepared the way for the enlightened individualism in the theories of Locke and Rousseau, his constitutional law theory shows a clear preponderance towards political absolutism.