ISSN: 1996-2177
Affiliations: Associate Professor of Human Rights Law, Tallinn University, Estonia
Source: South African Law Journal, Volume 132 Issue 2, 2015, p. 469 – 477
None
ISSN: 1996-2177
Affiliations: Professor Emeritus, University of KwaZulu-Natal
Source: South African Law Journal, Volume 132 Issue 2, 2015, p. 462 – 469
None
ISSN: 1996-2177
Affiliations: Lecturer, School of Law, University of KwaZulu-Natal
Source: South African Law Journal, Volume 132 Issue 2, 2015, p. 450 – 462
None
ISSN: 1996-2177
Affiliations: Judge President of the Eastern Cape Division of the High Court
Source: South African Law Journal, Volume 132 Issue 2, 2015, p. 438 – 449
None
ISSN: 1996-2177
Affiliations: H F Oppenheimer Chair in Human Rights Law, Stellenbosch University
Source: South African Law Journal, Volume 132 Issue 2, 2015, p. 411 – 437
Theorists within the egalitarian liberal tradition have grappled with the question of how to achieve an alignment between the attribution of equal worth and citizenship to each person and the distribution of material resources in democratic societies. Their insights are relevant to devising constitutionally grounded strategies for redressing the intertwined challenges of poverty and inequality in post-apartheid South Africa. This article examines the implications of these theories for integrating the value of equality in the interpretation of socio-economic rights by the courts. It concludes that Nancy Fraser’s principle of parity of participation offers rich possibilities for rendering both reasonableness review and the application of socio-economic rights to contractual relations more responsive to systemic social and economic inequalities.
ISSN: 1996-2177
Affiliations: Senior Lecturer, Middlesex University; Honorary Fellow of Commercial Law, Durham University
Source: South African Law Journal, Volume 132 Issue 2, 2015, p. 372 – 410
As commercial mediation makes its advance into the dispute resolution arena in South Africa, the article analyses the role of the mediator in the process from a legal and regulatory perspective. After discussing the qualities, skills and role of the mediator, the piece analyses the models of mediation most appropriate to the resolution of commercial disputes. The article proceeds to deal with education, training, accreditation and standards with particular reference to best practice experience from the EU and USAas a guide for the developing commercial mediation industry in South Africa. The possibility that legal proceedings might be brought against mediators is a significant form of accountability. Experience from other jurisdictions suggests that proceedings are likely to be taken against mediators by aggrieved disputants or third parties in South Africa. A number of situations are identified and analysed in light of existing jurisprudence where parties could seek to hold commercial mediators liable, as well as the steps that can be followed in order to limit exposure. The article also discusses mediator immunity before concluding with a discussion on the relationship between mediation and the practice of law in order to avoid confusion between the two roles of mediator and lawyer.