ESR Review, October 2007

This 3rd issue of the ESR Review for 2007 covers recent developments in socio-economic rights in South Africa and abroad.
Scholars and commentators are increasingly paying attention to the relationship between private law (and private relationships) and socio-economic rights. Marius Pieterse examines the role and relevance of private law in realising these rights in South Africa. He argues for the infiltration of values implicit in socio-economic rights into private law so that private relationships are regulated in a manner that advances access to these rights by vulnerable groups.

On 21 August 2007, the much-anticipated report of the parliamentary Ad Hoc Committee on the Review of Chapter 9 and Associated Institutions was released. In the monitoring review section, we feature an article on the implications of the findings and recommendations of the report for the monitoring of socio-economic rights in South Africa. While it raises some misgivings about the recommended merger of certain human rights institutions, it generally supports the idea. It argues that if the merger is effectively implemented, it has a great potential to improve the monitoring of socio-economic rights.

The eviction of poor people from dilapidated buildings has attracted a lot of international and national spotlight. Christopher Mbazira reports on the Constitutional Court hearing of Rand Properties and others v Johannesburg and others.

Claud Cahn and Savelina Danova Russinova then analyse the recent decision of the European Committee of Social Rights in the matter regarding the enforcement of the rights of Roma to adequate housing in Bulgaria.

 

[The above is an excerpt taken from the Editorial page - written by Mr Sibonile Khoza]