Department of Public Law

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Browsing Department of Public Law by Author "Choma, Hlako"

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    The environmental rights entrenched in the constitutions: a critique
    (2015) Choma, Hlako
    Although environmental law is a relatively a new field of scholarship in South Africa, it is growing rapidly. The right to access to social security including environmental rights is found in the South African Bill of Rights, is being amplified by legislative and constitutional reforms, and developing case law in the courts. There is therefore a clear need to increase the understanding f the discipline through systematic research and teaching at various levels1. The notion of including an “environmental right” in a domestic constitution is not novel in Africa. Most African countries have incorporated a constitutional provision that ensures the right to a healthy environment. Most of the problems that exists with environmental rights under the international and regional systems are absent under the domestic South African system. The way in which environmental rights have been formulated in international instruments, section 24 of the South African Constitution has been framed as an individual right and not as a collective one. Environmental degration often affects groups of people and it could consequently argued that the right should protect groups and not just individuals2. 1
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    The law and its interpretation do play a role in the elimination of Xenophobia: a South African case study
    (2015) Choma, Hlako
    The examination of certain legal aspects of xenophobia has shown that the law and its judicial interpretation do on the one hand server to safeguard against xenophobia and to eliminate it where it still prevails, on the other hand they can however serve to entrench it1. It is believed that in future, South African courts will continue to be proactive in the elimination of xenophobic tendencies wherever they may be encountered in the legal context and that law reform will eradicate laws which generate the impression that they are xenophobically motivated.
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    Risk and opportunities connected to the credit legislation on movable property : a case study
    (Virtus Interpress, 2016) Choma, Hlako; Kgarabjang, Tshegofatso
    The purpose of this paper is to determine to what extent should a lease of movable property fall within the ambits of the National Credit Act. The paper analyses the courts decisions regarding leases of movable properties, and further adds value to the existing scholarship. Courts are not ready to entertain extrinsic evidence in the cases where it contradicts the terms of an agreement. Parties should make sure that their contractual provisions are clear and unambiguous. Such provisions depict the notion that a lease of a movable property should fall within the ambits of the National Credit Act, hereinafter called NCA. And in such circumstances that qualifies it in terms of the Act ought to be met. In terms of section 8(4) of the NCA, a lease of movable property should by no means exclude the provision that ownership will pass to the lessee upon payment of the final rental instalment. Alternatively upon meeting certain conditions as determined by parties. One should therefore be able to differentiate leases in terms of the NCA and leases as defined by common law. Thus, one cannot try to qualify common law leases within the context of section 8(4) of the NCA where the original intention was an ordinary common law lease agreement. The Court in the case of ABSA Technology v Michael`s Bid House concluded that the NCA was not applicable to leases of movable property in certain circumstances. It is the findings of this paper that courts, recognize lease of movable property.
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    Trade liberalization and climate change
    (2015) Choma, Hlako
    International trade has major influence for climate change through the shift and production structure. The environmental protection agency and the World Trade Organisation should vigorously debate the interaction between free trade regime and global warming mitigation regime. The paper attempts to deliberate the measures which would contribute to facilitate the global climate negotiations by bringing mutual benefit for both developing countries and developed countries, from the point of view of international economics. The paper focuses on foreign aid, and clarifies why international aid for developing countries is needed for sustainable mutual economic growth through more liberalized world trade, which is compatible with the climate change mitigation.