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UCT RESEARCH REPORT 2012
Reinventing Labour Law
The employment relationship has throughout the
centuries been one of the most regulated of contracts.
This regulation has extended to basic conditions,
health and safety, unemployment insurance, dismissals,
strike law, and much more. Most regulation reflects the
priorities and policies of the government of the day.
The Labour Relations Act 66 of 1995 (1995 LRA) was
historically a fresh start in a democratic South Africa, an
act harnessed to the Bill of Rights which, for the first time,
guaranteed a range of labour-related rights.
This volume of
Acta Juridica
is partly devoted to a critical
review of the first 15 years of the 1995 LRA. However,
the intention was that the contributing authors should
focus on more than the successes and failures of the act
and that at least some of the contributions should have
a strong prospective emphasis, exploring the possible
future challenges to and solutions for regulating the
labour market post-2011. In other words, the editors
intended this volume to assist in tracking the future of
labour-market regulation in South Africa.
Fisheries and Sustainability.
A Legal Analysis of EU and West
African Agreements
Marine-living resources are currently under severe
threat from unsustainable use. International law urges
a precautionary approach in the use of remaining fish
stocks, necessitating rational domestic management
of coastal fisheries and requiring foreign nations
accessing these stocks to co-operate to this end.
The manner in which bilateral fishing relations
between the EU and various West African states have
historically played out, however, has not followed
this route. This book is a legal study of these
relations from an inter-disciplinary and contextual
perspective with particular reference to sustainability
questions, using three broad conceptual lenses –
common resource management, integration towards
sustainable development, and the colonial legacy –
to interrogate the extent to which these interactions
operated as legal instruments of sustainability.
Human Dignity: Lodestar for
Equality in South Africa
Human Dignity: Lodestar for Equality in South Africa
provides an in-depth analysis of human dignity and
its relationship to equality in South African law. The
author argues that human dignity is the attributive
key that unlocks the constitutional meaning of
equality and unfair discrimination. Equality cannot be
usefully debated without first asking the vital question
“‘Equality of what?” The answer, it is contended, must
be “human dignity”. The philosophical and Abrahamic
religious roots of these constitutional concepts of
dignity and equality are investigated, then further
explored and illustrated in the comparative context of
South African, German and Canadian constitutional
jurisprudence.
Clashes and tensions between rights inevitably occur
when the equality and non-discrimination rights of a
Bill of Rights are applied horizontally, that is between
subjects of the state themselves. The human dignity
Books Published
in 2012
Rochelle Le Roux and Alan Rycroft
Laurie Ackermann
Emma Witbooi