Renewable energy regulation in South Africa: Lessons from the Chinese experience

by | Oct 1, 2019 | CILSA, CILSA V50 I2 2017

Renewable energy regulation in South Africa: Lessons from the Chinese experience

Authors Helen Papacostantis

ISSN: 2522-3062
Affiliations: Lecturer in Law, University of the Witwatersrand
Source: Comparative and International Law Journal of Southern Africa, The, Volume 50 Issue 2, p. 275 – 302

Abstract

The global community is increasingly aware of the problems associated with climate change and sustainable development. The solution to the problems requires the participation of all countries. However, many developing countries have additional, and often competing, priorities, which include poverty eradication and social sustainability. South Africa, as a developing country, faces these challenges and has acknowledged that environmental sustainability is central to its own development and sustainability, and has also recognised the role that renewable energy can play in achieving these goals. The country’s abundant renewable energy sources are valuable assets that require a solid and effective legal regulatory system for their optimal use. Despite the acknowledgement of the role that renewable energy will play in the future of the South African electricity market, the regulation thereof is still in its infancy. The People’s Republic of China is facing similar challenges to those faced by South Africa and has emerged as a world leader in renewable energy development. South Africa can learn valuable lessons from China, especially in light of the partnership the two countries share in BRICS. This article will compare renewable-energy policy and law in China with the South African framework, with a view to developing lessons that South Africa can use when formulating its own policy.

Debt relief for South African NINA debtors and what can be learned from the European approach

by | Oct 1, 2019 | CILSA, CILSA V50 I2 2017

Debt relief for South African NINA debtors and what can be learned from the European approach

Authors Melanie Roestoff, Hermie Coetzee

ISSN: 2522-3062
Affiliations: Professor, Department of Mercantile Law, University of Pretoria; Associate professor, Department of Mercantile Law, University of Pretoria
Source: Comparative and International Law Journal of Southern Africa, The, Volume 50 Issue 2, p. 251 – 274

Abstract

The focus of this article is on the international trend of providing debt relief to all hopelessly insolvent individuals, so allowing them a fresh start. Such debtors include those with ‘no income and no assets’ (NINA), whose access to insolvency proceedings would yield no benefit for their creditors. The initial ultra-liberal American ‘straight discharge’, or ‘fresh start’, is contrasted with the ‘earned fresh start’ approach in Europe. The European approach is investigated in some detail and key elements in the German and French consumer-insolvency systems are specifically considered, as these systems respectively illustrate the traditional and the new European approaches to providing debt relief to NINA debtors. Internationally regarded principles and guidelines are considered as a subtext. The purpose of the investigation is to ascertain whether there are any lessons to be learnt by South Africa from the European approach, and to indicate a way forward for future law reform as regards debt-relief measures for NINA debtors. The research concludes with an evaluation of the different approaches within the South African context and offers some remarks on the way forward.

Step-parent adoption: To do, or not to do-that is the question

by | Oct 1, 2019 | CILSA, CILSA V50 I2 2017

Step-parent adoption: To do, or not to do-that is the question

Authors Sandra Ferreira

ISSN: 2522-3062
Affiliations: Associate Professor, Department of Private Law, University of South Africa
Source: Comparative and International Law Journal of Southern Africa, The, Volume 50 Issue 2, p. 230 – 250

Abstract

Once a child has been adopted, he or she is regarded as the child of the adoptive parent for all purposes, and vice versa. Conversely, an adoption also terminates relationships that existed before the adoption. This article focuses on step-parent adoption. I point out that there is a difference between step-parent adoption and other forms of adoption. I then consider whether it is still appropriate and in the best interests of the child to legalise the relationship between a step-parent and stepchild through adoption, and so to terminate the child’s legal relationship with a parent and/or family. In order to determine this, a comparative analysis is undertaken. Finally, I conclude that the time has come to consider alternative ways to formalise and protect the step-parent and stepchild relationship.

Revocation of citizenship in the face of terrorism

by | Oct 1, 2019 | CILSA, CILSA V50 I2 2017

Revocation of citizenship in the face of terrorism

Authors NR Motaung

ISSN: 2522-3062
Affiliations: Senior State Advocate in the Specialised Commercial Crimes Unit of the National Prosecuting Authority of South Africa.
Source: Comparative and International Law Journal of Southern Africa, The, Volume 50 Issue 2, p. 214 – 229

Abstract

This contribution deals with the revocation of citizenship as a preventative measure against terrorism and offers an exposition of the appropriateness of the practice and its conformity with international human-rights law.

A comparative study of the development of competition/antitrust laws with regard to the treatment of dominant firms

by | Oct 1, 2019 | CILSA, CILSA V50 I2 2017

A comparative study of the development of competition/antitrust laws with regard to the treatment of dominant firms

Authors Phumudzo S Munyai

ISSN: 2522-3062
Affiliations: Associate professor, College of Law, University of South Africa
Source: Comparative and International Law Journal of Southern Africa, The, Volume 50 Issue 2, p. 196 – 213

Abstract

The majority of the decisions by competition authorities and by the courts, as well as academic commentary in modern competition law have embraced an interpretation and enforcement approach to competition rules that appears generally tolerant and welcoming towards firms that are dominant in markets. This is encapsulated by the oft-quoted mantras in modern competition-law enforcement that the mere acquisition of dominance is not unlawful and that no firm should be punished for the mere reason of its dominance, as it is only the abuse of a dominant market status that is prohibited. However, historically, antitrust enforcers and commentators have not exactly rolled out the red carpet for dominant firms. A study of the historical development of competition law overwhelmingly shows that the origin and development of competition law has its roots in the widespread hostility that existed towards dominant firms. This hostility towards dominant firms can, in some cases, still be seen in modern competition law.

Credit bureaus in South Africa and Namibia: A comparative analysis of the regulatory frameworks evaluated against the World Bank’s principles for credit reporting-Part I

by | Oct 1, 2019 | CILSA, CILSA V50 I2 2017

Credit bureaus in South Africa and Namibia: A comparative analysis of the regulatory frameworks evaluated against the World Bank’s principles for credit reporting-Part I

Authors André Boraine, Jani van Wyk

ISSN: 2522-3062
Affiliations: Dean, Faculty of Law, University of Pretoria; Doctoral candidate under the auspices of the ABSA Chair in Banking Law in Africa, Department of Mercantile Law, University of Pretoria
Source: Comparative and International Law Journal of Southern Africa, The, Volume 50 Issue 2, p. 147 – 195

Abstract

Over the years, the South African and Namibian systems have faced challenges relating to credit-information dissemination and, in view of the importance of credit information and credit-information arrangements, it is necessary to consider, evaluate, and compare the jurisdiction-specific measures in order to address identified challenges. We analyse and compare the current frameworks of the two jurisdictions in order to highlight differences. We discuss the World Bank reports on ‘the Observance of Standards and Codes’ for South Africa and Namibia and the ‘General Principles for Credit Reporting’ as general, principled frameworks for the regulation of consumer-information. This is followed by a comparison of the South African and Namibian structures as frameworks with specific structural and substantive features. The discussions focus on the South African National Credit Act 34 of 2005, the South African Protection of Personal Information Act 4 of 2013 and the Namibian Credit Bureau Regulations of 2014. Our aim is to investigate the improvements effected by the systems, the reasons behind these adaptions and, ultimately, the lessons that can be learnt from each jurisdiction.