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22 S. Afr. J. on Hum. Rts. [i] (2006)

handle is hein.journals/soafjhr22 and id is 1 raw text is: SOUTH AFRICAN JOURNAL ON HUMAN RIGHTS VOLUME 22 PART 1 2006 CONTENTS Page Editorial I Symposium: 'A Delicate Balance': The Place Of The Judiciary In A Constitutional Democracy The Separation of Powers in the South African Constitution Pius N Langa 2 The Separation of Powers: An American Perspective Margaret H Marshall 10 Judicial Review in a Time Of Terrorism - Business as Usual Michael Kirby 21 Articles FREEDOM OF EXPRESSION AND THE REGULATION OF BROADCASTING Daniel Malan Pretorius 47 This article considers whether the statutory regulation of broadcasting infringes the right to freedom of expression in the South African Constitution. In particular, attention is given to the question whether the statutory prohibition on broadcasting except under a licence issued by the Independent Communications Authority of South Africa (ICASA) is a limitation of freedom of the media. It is concluded (with reference to English, European, Canadian, American and South African jurisprudence), that the right to freedom of expression does not confer an unqualified right to broadcast. It is also concluded that a decision by ICASA to turn down an application for a broadcasting licence does not limit the right to freedom of expression and need not be justified under s 36 of the Constitution. However, such a decision is subject to judicial review on administrative-law grounds. THE LONG MARCH TO BINDING OBLIGATIONS OF TRANSNATIONAL CORPORATIONS IN INTERNATIONAL HUMAN RIGHTS LAW Danwood Mzikenge Chirwa 76 States are no longer the sole source of human rights violations. In the context of increasing economic globalisation, non-state actors - particularly transnational corporations (TNCs) - have assumed enormous powers which were once considered to fall within the exclusive preserve of the state. As a result, it has become increasingly difficult for states to regulate and control these actors to ensure that they do not commit human rights violations or that they are held accountable for those violations. The UN Norms on the Responsibilities of Transnational Corporations and Other Business Enterprises with regard to Human Rights (UN Norms) adopted in 2003 by the UN Sub-Commission for the Protection and Promotion of Human Rights are the most significant step the international community has taken towards developing binding human rights standards for TNCs. Development of the UN Norms was motivated by the need to fill the vacuum created by lapses in the operation of the doctrine of state responsibility and gaps in the implementation of voluntary corporate guidelines or codes. Relying on the experience of earlier efforts to develop human rights standards

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