Sexual harassment in the workplace can have a significant impact on employees who are visually impaired. Legal shortcomings regarding the identification of perpetrators hinder survivors' willingness and ability to report such incidents. Many are discouraged from coming forward because they are questioned about whether they visually recognise the offender. These challenges, rooted in the South African Criminal Procedure Act 51 of 1977 (the CPA) and reinforced through judicial interpretation, often prevent cases involving visually impaired individuals from being heard. This paper, through desktop research, explores how justice for visually impaired employees who have experienced sexual harassment might be promoted by recognising identification through human smell as valid testimony in disciplinary proceedings. It uses examples from labour law cases to highlight that disciplinary hearings differ from criminal trials in their standard of proof. It shows that the disciplinary hearing process relies on the balance of probabilities rather than proof beyond a reasonable doubt. The article argues that this lower threshold reduces the likelihood of harsh and often invasive cross-examination of victims. The paper argues further that the use of the standard on a balance of probabilities benefits visually impaired individuals by allowing them to take a stand and testify without undue prejudice. The in-person testimony of the visually impaired employees also strengthens the credibility of human-based smell identification, countering common criticisms associated with scent evidence from sniffer dogs. As a result, olfactory identification by visually impaired employees could help deliver justice in cases involving familiar workplace perpetrators of sexual harassment.
Tetra4 (Pty) Ltd v National Energy Regulator (60924/21) [2025] ZAGPPHC 425 (2 May 2025) deals with the interpretation of the Gas Act 48 of 2001. The applicants approached the court for a declaratory order on the ambit of the Act, which the National Energy Regulator of South Africa (NERSA) opposed. The definitions assist in determining the ambit of application of the Act. The applicants and respondents disputed the application of the Act, allowing a declaratory order. The court found that the definition of "gas" in the Act refers to the midstream and downstream activities associated with the piped gas industry, while mining legislation regulates the upstream activities of the applicant. This definition also limits the Act to hydrocarbon gases, excluding a noble gas such as helium. The Judge reiterated that a court interprets legislation, but it cannot draft law. The court referred to the history of the Act, as well as its external and internal contexts, to come to a decision. This note discusses the case, the Gas Bill [B6-2026], as well as the findings of the court. The note stresses the need for sound legislative drafting to avoid confusion in the interpretation of the Act. The Gas Bill [B6-2026], once promulgated, will remedy the confusion caused by the definition of "gas".
The space sector has become an attractive economic market both for countries and for private entities. With unprecedented technological advancements, the private sector has become a major player in the space field. The regulation of the space sector has witnessed significant development in recent years in the United Arab Emirates, with the UAE enacting numerous laws and regulations to enhance the legal framework for space activities. The continuous development of space activities raises complex legal questions regarding the legal nature of liability for space operators, both towards those involved in space activities and towards third parties. This research examines the legal nature of liability for space operators within the UAE legal system, analysing cases of strict liability and fault-based liability, as well as provisions for compensation for damages. It also assesses the extent to which liability provisions under UAE legislation align with those for space activities under international space law. This research concludes that the rapid growth of the space sector underscores the urgent need for robust provisions regarding liability for space activities and for ensuring fair mechanisms for compensation for those harmed.
Despite decades of progress in women's rights and educational advancement, significant barriers persist in achieving gender equality in corporate boardrooms. While women currently hold approximately 38 per cent of board positions in South Africa's JSE Top 40 companies, this falls short of the 46 per cent representation needed to reflect the economically active female population and the 50 per cent required for gender parity. This article examines the systemic barriers preventing women's advancement to corporate leadership, including homosocial reproduction, gendered leadership stereotypes, and tokenism. The analysis reveals that merit-based arguments for continued underrepresentation overlook the fact that professional development relies on equal opportunities for skill development and career progression. The study evaluates South Africa's previous regulatory approaches, categorising them into flexible targets and fixed representation requirements. Both approaches have proven inadequate due to limited enforcement mechanisms and insufficient targets. Drawing on international best practices, particularly Switzerland's recent adoption of gender quotas, this paper proposes a new legislative framework based on the comply or explain principle. The proposed approach would require public companies to achieve 50 per cent female board representation within five years, while private companies would follow a phased implementation, reaching 30 per cent, 40 per cent, and ultimately 50 per cent over ten years. Companies failing to meet targets must provide detailed explanations and concrete improvement plans, balancing regulatory requirements with organisational flexibility while addressing South Africa's constitutional commitment to gender equality.
In International Criminal Tribunals and Domestic Accountability: In the Court's Shadow, Labuda offers a nuanced analysis of the theoretical concept of complementarity, elucidating its role and significance for domestic accountability in international criminal justice. The book expertly explores International Criminal Tribunals' shadows and how their responses to international crimes are handled at domestic jurisdictions. Empirical case studies concerning Rwanda, the Democratic Republic of Congo and Sierra Leone are investigated in extricating the synergies in the complex interactions of international tribunals and national jurisdictions in addressing international crimes of a serious nature. The relevance of the book is in its evaluation of present attitudes in law and among relevant stakeholders - mainly states and International Criminal Tribunals for robust and effective responses in enforcing international justice.
