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Why should we bear responsibility for the degradation of the environment? A wide range of responses is on offer to this question. Common to them all is they are all rooted in one or the other ontological and epistemic point of departure or set of premises. This raises the question of the relationship between law and religion and linkages of religion with environmental concerns. What emerges, perhaps against the volition of the scientific world, is that the foundational links between environmental law and religion are significant – even where environmentalists shirk from or even denounce religion. Justification of this view is found in concise survey of the essence of law and religion. The analysis leads to the notion of stewardship, a concept steeped in, but not exclusive to religion in its diverse manifestations. Examples of ecocentric religious attitudes – ranging from the traditions of the North American Anishinabek, aboriginal Australians and indigenous African culture to Buddhism and Hinduism, Judaism and Christianity in its principal manifestations – provide a broad picture of adherence to beliefs in human responsibility to take care of the environment. This widespread conviction of stewardship endures despite awareness of the human inability to create or sovereignly determine the course of nature (here termed "the hypothesis of incompetence").

Objective: Dolutegravir exposure at conception was associated with a preliminary signal of increased infant neural tube defect risk. As low maternal folate levels are linked with neural tube defects, we aimed to assess serum folate concentrations in women starting dolutegravir. Design: We analysed serum folate concentrations from stored plasma among women enrolled in the South African ADVANCE trial. Methods: We compared changes in mean serum folate and occurrence of low serum folate (

The (sometimes fragile) balance between South Africa's constitutional obligations to protect and promote human rights in the international arena and the realities of political practice is the focus of this paper. The Constitution provides for solid dualist mechanisms and procedures for parliamentary oversight of the executive's conduct in the governance of international relations, including the conclusion of treaties. There is, however, a congenital constitutional flaw in the oversight instrumentation of the Constitution: the president is endowed with practically unfettered control over cabinet, and through the cabinet and the parliamentary caucus, he has indirect but firm control over parliament. Consequently, parliamentary oversight of international relations is severely challenged, effectively leaving it to the minority parties, civil society and the courts. This paper assesses the effectiveness of the protection of international human rights in South Africa by constitutional means. It begins by setting out the constitutional foundations that were designed to provide the desired protection and the place of international law in the South African legal order. This is followed by a description of the impact of political reality on the implementation of the constitutional oversight mechanisms. Due to the justiciability of government conduct under the Constitution, parliamentary oversight of executive conduct in the international sphere has largely taken the form of judicial review. In this, the courts have performed very well. This emerges from a concise overview of some key cases in which the courts developed sound principles and delivered strong judgments about the government's failures to maintain the required constitutional standards in its international relations. The cases show a sensitivity on the part of the courts to avoid judicial overreach, while taking up the responsibility to uphold constitutionalism. While the courts' stabilising interventions must be applauded, the executive tendency to flout its constitutional responsibilities remains a cause for concern.

This contribution is a review of the research handbook in comparative constitutional law, titled Comparative Constitutional Theory edited by Gary Jacobsohn and Miguel Schor. It was published in 2018 by Edward Elgar Publishing. Every law library worthy of the name should acquire it for the benefit of constitutional scholars and advanced students of constitutional comparison.

Africa’s readiness to the respond to the SARS-COV-2 pandemic was tested due to reliance on rapid turn-around-time of polymerase chain reaction results for clinical management, isolation and quarantine decisions. The HIV Molecular Laboratory in Johannesburg, South Africa is one of the largest automated HIV molecular laboratories worldwide, performing 1.2 million tests annually. Despite its extensive molecular capacity and experience in managing high volumes acquired from a large HIV program, significant challenges were encountered during its rapid transition to largescale SARS-CoV-2 testing. Here, we describe the strategies employed to manage challenges related to policy, staff, introduction of new assays and workflow efficiencies, and to mitigate the risks of reprioritization of resources on routine HIV tests, that resulted in a 50% improvement in SARS-COV-2 turn-around-time during the first wave peak during which approximately 25 000 samples were tested per month, and further improvement during the second wave, with 91% within targeted turn-around-time.

BACKGROUND: Excessive weight gain affects some HIV-positive individuals prescribed dolutegravir- containing regimens. Mechanisms underlying such weight gain are unknown. SETTING: Data and DNA from antiretroviral therapy-naïve participants who were randomized to initiate dolutegravir with emtricitabine plus either tenofovir alafenamide (TAF) or tenofovir disoproxil fumarate (TDF) in the ADVANCE study (NCT03122262) were used to characterize associations between human genetic polymorphisms and magnitude of weight gain. METHODS: Associations with percent weight gain from baseline to week 48 were assessed using multivariable linear regression models. Primary analyses a priori considered 59 polymorphisms and 10 genes of potential relevance to dolutegravir, TAF or TDF pharmacokinetics. We also explored genome-wide associations. RESULTS: Among the 314 (92%) of 340 dolutegravir recipients who were successfully genotyped, 160 (47%) and 154 (45%) were randomized to TAF/emtricitabine and TDF/emtricitabine, respectively. In target gene analyses, the lowest P-values for the dolutegravir and tenofovir groups were ABCG2 rs4148149 (P = 7.0×10(−4)) and ABCC10 rs67861980 (P = 1.0×10(−2)), respectively, which were not significant after correction for multiple testing. In genome-wide analyses the lowest P-values for dolutegravir, was rs7590091 in TMEM163 (P = 3.7×10(−8)), rs17137701 in LOC105379130 (P = 6.4×10(− 8)) for TAF, and rs76771105 in LOC105371716 (P = 9.7×10(−8)) for TDF. CONCLUSION: Among South African participants in a randomized clinical trial of dolutegravir plus either TAF/emtricitabine or TDF/emtricitabine, we identified several potential genetic associations with weight gain. Only TMEM163 rs7590091 withstood correction for multiple testing. These associations warrant replication in other cohorts.

This contribution reviews the book by Günter Frankenberg titled Comparative Constitutional Studies – Between Magic and Deceit published by Edward Elgar Publishing in 2018.

In the South African public vernacular ‘transformation’ has become a key notion, but its meaning is, to put it mildly, unclear. Bringing clarity of meaning to, or removing the confusion caused by w...

This is a compact review and analysis of the state of equality law in South Africa . Specific reference is made to what has been called "remedial" or "restitutionary" equality. From the analysis it appears that current equality law shows certain imbalances that are difficult to reconcile with the provisions of the Constitution. To point out shortcomings in equality law which is well intended to resolve the burning problems of inequality, can easily be misunderstood in the contemporary circumstances as a reactionary resistance against a necessary process of a justifiable drive for equality. Such is certainly not the purpose of this review. The intention is however to argue the position that striving for equality must be a balanced process in order to ensure that the boundaries of equality themselves are not transgressed, since that would contradict the very essence of equality. In the first section the constitutional provisions on equality are briefly described. It is noted that the Constitution does not establish "a right to equality", but that it consistently deals with equality as a value. The wording of section 9 does however justify a term such as "the equality right." Next the approach of the judiciary to equality, in which the analytical steps of interpretation that were developed by the Constitutional Court are set out, is reviewed with special mention of the role that has been allocated to the value of human dignity in the interpretation and application of equality rights. In the third section an answer is sought to the question what "equality" means. As opposed to the choice of equality jurisprudence in the USA for a formal notion of equality, the South African courts operate with the concept of substantive equality. It is in this context that mention is made of "remedial or restitutionary equality". Equality is given a meaning which implies action. This is supported partly by the wording of sections 1 and 9(2) of the Constitution, but not by the formulation of sections 7(1), 9(1), 36(1) or 39(1). The only constitutional provision which imparts meaning directly to the notion of equality, is section 9(2), providing that "equality includes the full and equal enjoyment of all rights and freedoms." This gives meaning to equality as a value, to the equality rights and to equality as a description in the Constitution of the nature of the society that is being striven for. The complexity and multi-faceted nature of equality does not allow for a simplistic approach to its meaning. The boundary between equality and inequality is quite sharp and the mobilization of equality for the achievement of political, ideological or pragmatic goals can readily lead to inequality and injustice. Against this background the most important pieces of equality legislation, the Employment Equity Act, 1998 and the Promotion of Equality and Prevention of Unfair Discrimination Act, 4 of 2000, are discussed. These Acts were adopted "to promote the achievement of equality, legislative and other measures designed to protect or advance persons, or categories of persons, disadvantaged by unfair discrimination" in terms of section 9(2) of the Constitution. Both however contain provisions that go beyond the scope of the Constitution by e.g. the addition of grounds upon which unfair discrimination is prohibited and by excluding affirmative action measures from the meaning of unfair discrimination. The Constitution can not be interpreted in a manner that would allow unfair discrimination for any purpose. The legislation however seem to disregard the possibility of affirmative action becoming discriminatory in itself. This resonates with the view that "substantive equality" allows for measures "that favour relatively disadvantaged groups at the expense of those who are relatively well off". It is however submitted that not the current ideology behind affirmative action, nor one's preferred understanding of equality or the analytical model that is being used, can determine what the justifiable content of equality law should be: the question is rather what may be justified in law, specifically under the Constitution. The form in which elements of the equality legislation are cast, viz. guidelines for its application and illustrative lists of unfair practices, harbours the danger that uncareful interpreters of the law could be seduced to give precedence to the legislation above the Constitution. This would result in a persecutory application of equality law in terms of examples in stead of the constructive and principled approach required by the Constitution. The equality laws also attempt to extend the list of grounds contained in section 9(3) of the Constitution upon which discrimination is presumed to be unfair by the addition of HIV status, family responsibility, political opinion, socio-economic status, nationality and family status. The constitutionality of amending section 9(3) in this manner by means of ordinary legislation is suspect, especially if it is considered that differentiation which is justifiable under the Constitution may be rendered unfair discrimination under ordinary legislation. It is concluded that an emphasis on only the restitutionary element causes a conceptual tension to occur within the multi-faceted notion of equality. This can not be explained only in terms of the distinction between formal and substantive equality, since an over-emphasis of restitution will inevitably bring about imbalances in the outcome of equality actions, i.e. within the framework of striving for substantive equality. Some commentators, courts and the legislature tend to attempt to improve on the Constitution insofar as the achievement of equality is concerned. It is submitted that such attempts are unnecessary, since the Constitution makes sufficient provision for the restitutionary process while the balance of a comprehensive notion of equality is maintained in the form of equality as core value. The limitation of the concept of equality to restitutionary equality will unjustifiably impoverish and partially neutralize the constitutional text. Lessons must in this regard be learnt from the pre-constitutional errors of positivistic legal interpretation.

The Preamble and Chapter 1 This contribution is intended to be the first installment of a systematic interpretation of the Constitution of the Republic of South Africa 1996. Due to the foundational and repetitive reference in the text to values, regard must constantly be had to those values when this Constitution is interpreted. Even though the preamble does not contain positive norms, is an important interpretive source of the foundations of the Constitution. An important deviation from the preamble of the 1993 Constitution, is that the term Rechtsstaat ("constitutional state") is not employed. The introduction of this notion in South African law and its meaning in general is described. With reference to relevant dicta in recent constitutional cases, the Constitutional Principles in terms of which the 1996 Constitution was formulated and the text of the Constitution itself, it is argued that this is essentially a Rechtsstaat Constitution, but that the divergence in the range of constitutional values creates the danger of the constitutional state floundering in the waters of the social state. Section 1, being the foundational provision, is not unamendable, but it is very tightly entrenched. The most profound values of the Constitution are set out in this compact formulation. The question is inevitably raised whether, where values have to compete for precedence in concrete circumstances, a hierarchy of values must be construed. An analysis of section 1 in the context of other relevant provisions of the Constitution reveals that human dignity is the primary nuclear value of the Constitution, supported by equality and freedom. Democracy, supremacy of the Constitution and the rule of law are structural and procedural values of the Constitution subordinate to the nuclear values and non-racialism and non-sexism are derived values. How it is possible for a constitution to be superior law, as section 2 provides regarding the 1996 Constitution, is analysed against the background of the social contract theory. The weaknesses of this theory are exposed and it is argued that the force external to the Constitution that guarantees its primacy, is its practical legitimacy, i.e. sufficient support or acceptance of the authority of the Constitution by the citizenry. Section 2 is phrased in strong terms and means that no juridically relevant conduct, be it of a private or public law nature, can escape the test of constitutionality. In the interpretation of section 3 the nature of citizenship and nationality is analysed with reference to international authorities and definitions of these concepts are developed. The legal implications of citizenship in the context of the Constitution are set out and the historical context of citizenship having been used in pre-constitutional times as an instrument for creating separate ethnic states, is described. The current post modern tendency in places to devalue citizenship is contrasted with the importance being attached to the notion in South Africa in the context of nation building and the employment of expatriates. Regarding sections 4 and 5 the formal regulation of the national anthem and national flag is described. The national anthem may be amended by presidential proclamation, but changes to the national flag require an amendment of the Constitution. Section 6, which deals with the complex language matter, protects linguistic diversity rather than the status of any languages. The Constitutional Court has determined that, although no express provision to this effect exists, individuals are entitled to use the language of their choice in their dealings and communications with the government. The state is required to promote "the indigenous languages of our people." This is interpreted to include the nine official indigenous African languages, Afrikaans, Khoi, Nama and San. In the determination of language policies Municipal Councils are required to take the language usage and preferences of the inhabitants into account and in the national and provincial at least two official languages must be used. Essential facts regarding language usage, demographic distribution, etc. must be taken into consideration for the determination of a language policy to conform to the Constitution.

This contribution reviews the book entitled Against the New Constitutionalism authored by Tamas Gyorfi. He challenges the pivotal role given to judges in constitutional adjudication.

The history of the South African judiciary reaches back over centuries to colonial times. Until 1994, South African courts did not have clear or influential constitutional jurisdiction. The constitutional renewal of the country in the early 1990s brought about dramatic changes in the structure, operation and constitutional influence of the courts. The newly established Constitutional Court has played a particularly important role in this process that amounted to the reconfiguration of the legal order as a whole. The constitutional work of the courts has not been free of challenges, including political interference or attempts at such interference and non-compliance with adverse judgments against state institutions. The judiciary needed to establish new principles of adjudication and accountability, in the process developing constitutional doctrine regarding essential elements such as the separation of powers, the rule of law and constitutionalism. Not surprisingly, progress has not always been smooth, but much has been achieved. In fact, the role of constitutional adjudication in the concretisation of South African constitutionalism can hardly be underestimated, but it seems likely that the challenges to the independence of the judiciary will increase, rather than abate.

Background: HIV-associated peripheral neuropathy (PN) is common in people living with HIV. Its management is mostly symptomatic utilising pharmacological approaches. Objectives: This study determined the effects of an exercise intervention on PN among Rwandan people living with HIV receiving antiretroviral therapy (ART). Methods: A 12-week single-blinded randomised controlled trial using the Brief Peripheral Neuropathy Screen (BPNS) as the assessment tool tested the effects of an exercise intervention on PN, followed by a 12-week non-intervention period. A total of 120 people with HIV- associated PN on ART were randomised to an exercise or no exercise group. Both groups continued receiving routine care. A bivariate analysis using Pearson’s chi-square test for significant differences in PN symptoms and signs, between groups, at baseline, after the 12 weeks intervention and 12 weeks post-intervention using generalised linear regression models to determine predictors of treatment outcomes was undertaken, utilising an intention-to-treat analysis (alpha p ≤ 0.05). Results: At 12 weeks, the intervention group compared to the control: neuropathic pain 70% versus 94% ( p < 0.005), PN symptoms severity – mild and/or none in 85% versus 60% ( p < 0.001) and radiation of PN symptoms reduced, 80% versus 37% ( p < 0.001). There were no differences in PN signs at 12 weeks intervention and at 12 weeks post-intervention. Having changed the antiretroviral (ARV) and having developed PN symptoms after the start on ARVs predicted treatment improvement, while demographic factors did not predict any treatment outcome. Conclusion: A physiotherapist-led exercise intervention improved PN symptoms, but with non-significant improvement in PN signs. Factors related to early diagnosis and treatment of PN were facilitators for the improvement of PN symptoms. Clinical implications: Physiotherapist-led exercises should be integrated into the routine management of people living with HIV on ART with PN symptoms.

Background. The provision of starter packs for human immunodeficiency virus postexposure prophylaxis (PEP) is practiced in many settings to facilitate rapid initiation by nonexperts and encourage adherence. However, the impact of starter packs on PEP completion rates has not been systematically assessed. We systematically reviewed the evidence on outcomes associated with starter packs for PEP compared to full prescriptions. Methods. Four databases and 2 conference abstract sites were searched up to December 2013; this search was updated in 1 database in June 2014. PEP completion rates, stratified by prescribing practice, were pooled using random-effects meta-analysis. Results. Fifty-four studies provided data on 11 714 PEP initiations. Thirty-seven studies, including 3 randomized controlled trials (RCTs) and 34 observational cohorts, provided information on starter packs (although none of the RCTs specifically assessed starter packs), and 17 studies, including 2 RCTs and 15 observational cohorts, provided information on full prescriptions. Overall, outcomes were better when participants were offered a full 28-day course of PEP at initial presentation to healthcare, with fewer refusals (11.4% [95% confidence interval {CI}, 5.3%– 17.5%] vs 22% [95% CI, 16.7%–28.1%]) and highercompletion rates (70% [95% CI, 56.7%–77.3%] vs 53.2% [95% CI, 44.4%–62.2%]). More than a quarter (28% [95% CI, 21.4%–34.5%]) of individuals provided with a PEP starter pack failed to return for their subsequent appointment and therefore defaulted prior to receiving a full course of PEP. The quality of the evidence overall was rated as very low. Conclusions. The findings of this review suggest that starter packs do not improve adherence to PEP and may result in lower adherence and completion rates.

When PER (acronym for the Afrikaans journal title Potchefstroomse Elektroniese Regstydskrif, but also suggesting the Latin connotations of causation, durability and facilitation) first appeared in November 1998, there was an awareness of the incongruity of the notion of a law journal not being published in tangible form by an established law publisher on the one hand, and on the other of the inevitability of things to come. The editorial stated: "In this era of an unstoppable increase in information on offer and improved means of communication, it is inevitable that the exchange of juristic ideas should develop and escalate electronically, by internet. A problem already challenging the time starved legal user of the electronic medium, is to separate the wheat from the chaff. For many people it is relatively easy to publish something on the Web. It is, however, just as demanding to produce quality in this manner as through any other medium, be it primitive or avant garde." From the outset the Potchefstroomse Elektroniese Regstydskrif (PER) / Potchefstroom Electronic Law Journal (PELJ) was focused on maintaining high editorial standards, producing material for legal scholars worth reading. Probably still the most widely cited contribution to PER/PELJ (on Ubuntu by Justice Yvonne Mokgoro) appeared in the first volume. Papers delivered (referred to as orationes) by prominent scholars and judges are often published in PER/PELJ, and double-blind peer review practices are maintained throughout, except for the orationes. From time to time guest editors are invited to produce single or special editions. Renowned South African and foreign scholars are regularly approached to review submissions to PER/PELJ, and the editorial board is composed of prominent internationally recognised academics and judges. Since 2003, PER/PELJ has taken its place among a range of renowned internationally accredited journals, currently listed and indexed inter alia by IBSS, DOAJ, SSRN, AJOL, Boloka, SciELO, HeinOnline, and Web of Knowledge. In 2016, PER/PELJ migrated to this online journal system, and contributions accepted for publication are now published continuously as soon as the finally edited version becomes available. We are entirely grateful to our authors, reviewers and readers who have always believed in the scholarly quality of the contributions. You have been instrumental in the phenomenal growth of the journal over the last 18 years. We are proud to announce the first contribution of 2016 entitled “Remedial Principles and Meaningful Engagement in Education Rights Disputes” by the renowned author, Sandy Liebenberg, who is a distinguished professor and HF Oppenheimer Chair in Human Rights Law, University of Stellenbosch, South Africa. Editor-in-Chief: Christa RautenbachandFounding Editor: Francois Venter

We argue that there are no compelling ethical grounds for not allowing the sale of HIV self-tests to the public, so long as reasonably robust protections are in place to protect against coerced testing, and so long as the ease of use of the test is validated carefully in each country in which it is used, with attention to information about linkage to treatment, social and psychological support. The tests are not likely to be harmful in a way that justifies restricting people's access to them, and have plausible benefits. Whether and how self-testing should be used in public health programs will depend on complex policy questions concerning priorities, efficacy and cost.

Religious pluralism and the liberal state – the illusion of secular neutrality. Whereas church and state have long been separated since the emergence of the modern state, law and religion have not been separated and can never be separated. The notion of the liberal-democratic state, which is still dominant in legal thinking, induces state authorities to seek refuge in secular neutrality when confronted with religious issues to be resolved by law and judicial resolution. This article sketches the constitutional background, the undeniable relationship between law and religion, the standard liberal response to resulting difficulties and the dawn of a post-secular era. Examples are discussed from German, Canadian and South African jurisprudence that dealt with religious issues, leading to an assessment of the viability of secular neutrality. It is found that neutrality is unachievable. A suggestion is made that objective reciprocity founded on the teachings of Jesus and accepted as a universal human norm, independently of Christian teachings, may present an appropriate approach to avoid the dilemmas brought about by secularism. The implication of this analysis is that some firm arguments based on biblical justification have universal persuasive power, because they appeal to universal values also acceptable to non-believers and other religions. These arguments may be used in courts and by other organs of state for the resolution of religious matters that have legal implications in the pluralistic society of the 21st century.

The Southern African HIV Clinicians Society is of the opinion that the CD4 count retains an important role in the care of HIV-infected patients. The Society also believes that the role of the CD4 count is changing as new RCT evidence becomes available to guide optimal patient care that is balanced out of necessity against cost concerns in a public health programme of the magnitude of South Africa’s antiretroviral programme. Going forward the optimal use of the CD4 count in South Africa’s programme would be to guide the initiation and discontinuation of OI prophylaxis/management and in assessing late presenting patients or patients on ART when clinical or immunological failure is suspected. Once patients are initiated onto ART we recommend that one further CD4 count be checked at 6 months to guide decisions regarding OI prophylaxis/management and thereafter only if clinically indicated. In terms of monitoring the response to ART the preferred test remains the viral load. In stable virologically suppressed patients the CD4 count offers little value and contributes significantly to costs in an ARV programme as large as that found in South Africa. [Excerpt] © 2017. The Authors. Open access.

On 13 August 2011 Deputy Chief Justice Dikgang Moseneke delivered the keynote address at the Annual General Conference of the South African Chapter of the International Association of Women Judges held on the Potchefstroom Campus of the North-West University. We are pleased to open this edition with this address in which he concluded: "We need judges who are needs driven and who are determined to vindicate rights of aggrieved litigants impartially and without fear or favour. That deep instinct of fairness which seems to abound in women would be a great asset to our judiciary."

This edition, one of the most voluminous to date, opens with an oratio by IT Cohen Professor of International Law and Human Rights, Emory University School of Law, Johan van der Vyver. The paper was delivered in the HL Swanepoel series of lectures on 26 May in Potchefstroom. In a well documented paper covering historical perspectives on the right to self-determination, the definition thereof and limitations thereupon, Van der Vyver concludes that the "[d]rafters of the South African Constitution rejected segregation of rival ethnic, religious and linguistic communities, as well as the promotion of cultural, religious or linguistic homogeneity within our nation, as a means of counteracting group-related tensions in the country's social construct. . . . The new constitutional dispensation accordingly seeks to promote pride in one's group identities." He also points out that "[p]luralism, tolerance and broadmindedness have been singled out by the European Court of Human Rights as indispensable components of a democratic society." A link to video material of the lecture is also included.

This issue contains various contributions on the themes of traditional African culture, the law relating to children and juveniles, the state's social responsibilities, labour law and one on legal education. In August 2011 Advocate Joyce Maluleke, Director in the Gender Directorate of the South African Department of Justice and Constitutional Development addressed the Annual General Conference of the South African Chapter of the International Association of Women Judges held in Potchefstroom on the dangers of harmful traditional practices such as early and forced marriages, virginity testing, widow's rituals, levirate and sororate unions, female genital mutilation, breast sweeping/ironing, the primogeniture rule, practices such as 'cleansing' after male circumcision, and witch-hunting. Although she considers respect for tradition, culture and customs to be part of the South African identity, she argues that cultural practices should be rooted in respect for human rights, democracy and equality. We publish her paper here as an oratio.

Is the apparent deterioration of South African constitutionalism to be ascribed to the manner in which the Constitution was written? To understand and evaluate the acclaimed process of producing the equally applauded Constitution requires insight into the history and attitudes of the main role-players in the constitution-writing process. The role of technical advisors and visionary political leaders needs to be recognised, and the global context in which the constitutions were written must be understood, in order to explain the unlikely conversion of the country to liberal democracy in 1993. The 15 years of unfettered constitutional jurisprudence of the Constitutional Court has established a benchmark against which future growth or decline of constitutionalism may be measured. There are, however, disturbing signs pointing towards the decline of constitutionalism in a South Africa which is governed and administered by authorities who seem to have failed to internalise the precepts of the constitutional state. Some indicators useful for monitoring progress towards constitutional maturity or decline are proposed.

The question posed in this Chapter asks what can be achieved by legal means towards the protection of the environment. More particularly, can the future forfeiture of the benefits of a healthy environment be slowed down by thinking differently about state sovereignty? There is a general perception that centuries of legal and political evolution have produced stable constitutional conceptions, including the state, sovereignty, human rights, the rule of law and constitutionalism. In its various renderings, including internal and external state sovereignty, sovereignty in federations and in supra-national configurations, the notion of sovereignty is the focus of renewed interest. At the same time liberal thinking over recent centuries has promoted the idea of the sovereignty of the individual person. When it comes to human rights of individuals, the reality is that they are primarily enforceable against the state, only peripherally in the interests of the environment, and primarily for the satisfaction of the interests of self-centered individual demands. The protection of individual rights as a means of protecting the environment is a valuable mechanism, but can not be expected to be a panacea, especially because those exposed most directly to the deterioration of an environment on which they depend for sustenance and survival are likely to suffer the consequences long before those who have access to the means for legally enforcing their rights. Although there is much to say for the universalist drive to involve all in the task of turning climate-changing trends in a more hopeful direction, sight should not be lost of the fact that the anthropocentric approach to the preservation and restoration of the environment by means, inter alia, of the employment of the notion of human rights, will primarily be focused on the needs of people. The environment does not have an autonomous existence independent of humanity, but the inherent selfishness of humanity needs to be countered both universally and locally by the community of sovereign states in order to mitigate environmental disasters as best it can, using the law and their governance capacity rooted in state sovereignty. To achieve this is, however, no simple matter. The state’s equipment and responsibilities, including constitutionalism and the protection of human rights, are not optimally configured for environmental protection. Added to this are the realities of human nature and the inherently selfish characteristics of people both as individuals and in collective institutions such as the state with its competitive political and economic ambitions. In the context of environmental protection, the state is therefore required – in many cases contrary to the perceptions of what the ‘national interest’ would demand – to curb the indifference of its citizens towards conservation and rehabilitation. All this leads to the conclusion that it is likely that sovereign states (and the international community) will, with increasing frequency in the future, be forced by circumstances to concentrate on emergency measures in the process of dealing with the anticipated cataclysmic consequences of environmental degradation.

This special volume contains contributions emanating from a colloquium held in Johannesburg on 16 November 2002 by the FACULTY OF LAW of POTCHEFSTROOM UNIVERSITY FOR CHE in collaboration with the KONRAD-ADENAUER-STIFTUNG. The theme of the colloquium was "political, socio-economic and cultural issues in constitutional adjudication". External evaluators did not review the contributions and as a result the editors of PER are not responsible for any shortcomings which might be present.

This second edition of 2006 offers an interesting range of topics, in this instance all covered by South African authors. In her analysis of the "institutions supporting constitutional democracy" established by the South African Constitution, Professor Christina Murray of the University of Cape Town argues that thethe institutions share the roles of providing a check on government and of contributing to transformation. The newness of democracy, the great demands on the state and the political dominance of the governing party in South Africa are identified as the greatest challenges of the institutions discussed.

In this first of at least three editions planned for 2006, the focus is on environmental law: Professor Verschuuren of Tilburg University attributes the high moral value of the principles of environmental law to the ideal of sustainable development. Advocate Paschke and Professor Glazewski of Cape Town offers strong arguments against allowing retrospective environmental authorisation as militating against the purposes of environmental assessment.

Issues of environmental law in the South African context once more characterise this final issue of 2006. Couzens and Dent, both from the University of KwaZulu-Natal, extensively discuss shortcomings that occurred in the process of authorization of the building of a dam that will have implications for some ecosystems in the Kruger National Park. Alternative dispute resolution, as provided for in the National Environmental Management Act (NEMA) emerges as a likely means for the resolution of the difficulties and under the creative title "Finding NEMA", the authors express the hope that much will in future be learnt from the errors that occurred in this case.

The enforcement of socio-economic rights, the protection of biodiversity, inter-country adoptions, matrimonial property and Roman property law are the diverse, though highly engaging themes of this last issue of the year. In their article focusing on the process of the implementation of socio-economic rights by means of court orders in South Africa, Advocate Renier de Beer of Johannesburg and Professor Stella Vettori of the University of Pretoria urge the courts to become more adventurous in their methods of enforcement of their orders.

This first issue of 2007 covers a refreshing spectrum of legal disciplines ranging from cultural and linguistic issues, to the onus of proof in delict, the censorship debate and research methodology. Professor Elmene Bray of the University of South Africa analyses the complexities of the recent judgment of the Supreme Court of Appeal in a case involving the sensitive issue of the medium of instruction in public schools in South Africa.

Professor Dana van der Merwe of the University of South Africa (UNISA) delves into the impact of the information era on the law, drawing distinctions with the aid of legal philosophy between data, information and intelligence. o In similar vein Dr Tanya du Plessis of the University of Johannesburg investigates the impact of information and communication technology on the practice of law and knowledge management in law firms. o Professor Anneliese Roos of UNISA follows with an in-depth and comparative exposition of statutory data protection with specific reference to the legislation of New Zealand, illustrating important disadvantages for participants in the information technology arena in South Africa.

This edition contains an interesting mixture of contributions from various parts of the world and from the perspective of various disciplines of the law.o Dr. Timothy I Akomolede of the Olabisi Onabanjo University in Nigeria highlights a number of legal and socio-economic problems that have been engendered by the emergence of electronic commerce, especially in developing countries such as Nigeria.

All contributions in this issue are focused on the notion of good governance. Prof Stephen de la Harpe and Ms Rolien Roos of the North-West University (Potchefstroom Campus) and Dr Conny Rijken of Tilburg University have produced the issue as guest editors. Their introduction provides a concise overview of the exciting contributions on this highly topical subject.

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.

The oratio of Judge Deon van Zyl (currently Inspecting Judge: Inspectorate of Correctional Services) on the Judiciary as a Bastion of the Legal Order in Challenging Times appears in this issue at a time when the independence of the judiciary, the structures of the courts and various occurrences involving judges and the rule of law are topical in the public debate in South Africa. The paper was delivered in October 2008 as the annual FW de Klerk Lecture and it closes with the words: ". . . it is what they say and do in good faith and with reference to the moral values of the community they serve, that stimulates public confidence in the judiciary as a bastion of the legal order, however challenging the times may be."

We are pleased to publish here, as an oratio, the Ebsworth Memorial Lecture delivered by Mr Justice Louis Harms in February 2007. In his lecture he addressed a range of contentious issues regarding the challenges of judging under a (new) Bill of Rights and he inter alia raises, "without answering, the question of whether a bill of rights should reflect existing societal values or whether it should create them." He also spoke candidly of judicial activism, verbosity emanating from the bench, the judiciary and the separation of powers and (in-)consistency in constitutional adjudication. Among his conclusions he states that a Bill of Rights "is supposed to remove arbitrariness, not only of legislation but also of adjudication."

In this extraordinarily voluminous edition we offer 2 orationes, 8 articles and 3 notes. Oratio • The first oratio is by Josef GA Krger, QC. Partner in Borden Ladner Gervais LLP, Calgary, Canada, who spoke in August 2010 in Potchefstroom, giving an expert exposition of the Canadian law on the restructuring of insolvent corporations in Canada. • The second oratio is by Werner Menski of the School of Law, University of London, speaking in June this year at the University of London in a Religare Conference. Showing his distaste for fuzzy law, he argues that "moderate secularism" is not merely another fuzzy concept, but it is "super-fuzzy", and that lawyers claiming to love certainty "have a tendency to sit in judgment over matters and even pre-judge things they know little about, including legal pluralism" leading to much irritation.

This edition is wholly composed of selected and peer-reviewed contributions made in a specialist scholarly conference on Traditional Knowledge in Legal Context held at Potchefstroom on 17-18 March 2009 at Potchefstroom. Oratio Andre van der Merwe a Senior Director of DM Kisch Incorporated and practising Intellectual and Patent attorney, delivered the key-note address (here published as an oratio), posing the question whether traditional knowledge, for which there is no unambiguous definition, can effectively be protected under a single umbrella." After considering the matter from inter alia historical, philosophical and legal perspectives, he suggests a solution based on a multi-disciplinary approach.

This issue deals with a selection of topics of environmental law. As it should be clear from the short tribute written by Margaret Beukes, the issue is devoted to Professor Elmien Bray, for many years a force in the emergence of South African environmental law. Jonathan Verschuuren of Tilburg University expertly comments on the Dutch Crisis and Recovery Act, showing clearly why it is such a controversial piece of legislation: balancing economic recovery with sustainable development, sound principles of law, justice and crisis management is shown to be a very hard result to achieve by means of legislation.