26 March 2009



In this issue the nexus between labour relations and electronic privacy, affirmative action in India, intercountry adoption of children, the award of costs in public interest litigation and the legal uncertainties surrounding liability for injuries of student actors are the themes of the contributions.

  • Tania Pistorius of UNISA suggests that an employer that knows the relevant links and clicks can avoid the difficulties created by the emergence of e-communication technology regarding the manner in which employees are expected to perform their duties in the workplace.

  • Tameshnie Deane of UNISA argues, with reference to the case of India, that affirmative action is required for equality to be achieved, but if affirmative action measures are not properly conceived, they become burdensome and even more discriminatory.

  • Meda Couzens of the University of KwaZulu-Natal comprehensively assesses the impact of the incorporation of the 1993 Hague Convention on the Protection of Children and Cooperation in Respect of Intercountry Adoptions into South African legislation and concludes that the legal recognition of intercountry adoption does not offer a complete response to all of the legal and social problems associated therewith, but that it may ensure that adoptions are performed in the best interests of the child.

  • Tracy-Lynn Humby of the University of the Witwaters-rand argues that the current South African rules regarding cost orders in public interest and constitutional litigation are not satisfactory as regards access to justice, equal protection and benefit of the law, proportionality, and the accountability of the judiciary and she makes some suggestions for the reform of those rules.

  • Rika Snyman and Jaco Deacon of the University of the Free State engage the question where the liability lies for injuries suffered by a university student participating in practical drama training, finding that clear answers are not to be found either in labour legislation, nor in legislation concerning occupational health and safety.

Editor: Professor Francois Venter / Edition editor: Christa Rautenbach

Recent Submissions