ILO rhetoric vs practice: Whither South Africa?
Concise, decision-maker–ready policy brief applying the ILO rhetoric vs practice / enlightened self-interest framework to NEDLAC and post-1994 South African labour law. Suitable for government, NEDLAC principals, or parliamentary committee circulation. Policy Brief...
Enlightened Self-Interest: Policy-maker–ready policy brief
A policy-maker–ready policy brief, written in clear, non-technical language, suitable for circulation to government departments (DEL, Treasury), NEDLAC, Parliament, business, organised labour, or international partners. It translates the academic argument into...
Applying law and equity: LRA fundamental dual purpose
The LRA is not a code of discipline but a fairness statute, requiring decision-makers to apply legal principles through the lens of equity, context, and justice. It is important to appreciate that the Labour Relations Act 66 of 1995 (LRA) is built on both law and...
Universal or qualified franchise: Cape early history
Early Cape Colony (1658–1806): franchise not yet a real concept For the first 150 years, the question is largely anachronistic. The VOC governed the Cape as a company possession, not a polity. There was no representative democracy for anyone—European settlers...
1658 Broertje Pieterzoon: The Liesbeeck Frontier
1658, Broertje Pieterzoon, and the Liesbeeck Frontier Our family’s story in South Africa begins in 1658 with Broertje (Pieterzoon), one of the earliest free burghers settled along the Liesbeeck River. The farms that became Louwvliet and Questenberg mark a landscape...
Holism and Objectivism: Jan Smuts and Ayn Rand
Difference between Holism of Jan Smuts and Objectivism of Ayn Rand There is a deep and fundamental difference between Jan Smuts’ Holism and Ayn Rand’s Objectivism. In many respects they sit at opposite ends of the philosophical spectrum. Below is a clear, structured...
Solatium damages & compensation: Essential differences
Differences between solatium, damages, and compensation in the context of the South African Labour Court and employment disputes: 1. Solatium Definition: A solatium is a non-pecuniary award intended to acknowledge pain, suffering, humiliation, or emotional distress...
A Legacy of Solutions: Leon Louw’s life and ideas
A Legacy of Solutions — The life and ideas of Leon Louw, the libertarian who helped shape SA's Constitution Four decades ago, The Solution, a best-seller co-authored by Leon Louw, helped shape South Africa’s political settlement and left an indelible imprint on its...
Substantively unfair dismissal: Reinstatement ordered
For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login, email us and we’ll arrange to give you...
Sapiential authority and management: Difference?
How does sapiential authority differ from line management and why is it important? Nature of the Authority Sapiential Authority = authority based on wisdom, expertise, or specialised knowledge. You are listened to because you know, not because you have formal power....