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10 Law Democracy & Dev. xi (2006)

handle is hein.journals/laacydev10 and id is 1 raw text is: Editorial
The artl(Je s in this ISSUe Of LOw, l) emocraey and lDevelonpnent deal with a
diverse range ol topics. most of which tie in with some of the themes
covered in detail in previous volumes of this journal, such as labour law.
the prisons system and reconciliaton The topics covered include prison
managenlenl, sexual hirassient in the workplace and reconciliation on
an international level. A topic which has not received much attention as
yet in legal literature in South Africa. and which will he addressed from a
specific perspective in this issue, is that of government procurement
Chris Tapscott discusses the successes and failures of the prison system
in South Africa by investigating the governance of a number of prisons
around the country. Although the focus is on state prisons, the man-
agernent of two private prisons is also assessed- The article starts off by
spelling out the challenges that are faced by prisons across the world,
inc luding overcrowding, undcrsta'fhng. the character of the penal system
and human rights The findings of the investigation show that although
there are instances of good governance, the government needs to give
urgent attention to inter alia human resources management and problems
With overcrowding. Insofar as privately run prisons are concerned. South
Africa's short experience with this controversial model has been relatively
positive. specifically with reference to human resources management.
security or staff, prisoner-staff ratio and prograrnmes for the rehabilitation
of prisoncrs
Phoebe Bolton critically analyses South African legislation dealing with
the exclusion of contractors from government contract awards because of
the non-payrnent of taxes, unsatisfactory contractual performance under a
previous government contract and because of fraud or corruption- The
analysis covers legislation that deals with this issue on the level of na-
Lional, provincial and local government. The author expresses the view
that thC legislation in general succeeds in giving effect to the principles of
fairness, compeLitiveness and cost-effectiveness which are prescribed for
government procurement in S.ction 2 17 of the South African Constitution.
'T he existing legislation do.s however, in some respects, leave room for an
interpretation which may be unduly harsh towards contractors The
author, with referencc to experience in other countries dnd in the Euro-
pean Union, argues for an interpretation of the legislation which would
ensure that action taken in terms thereof complies with section 217 and
with the principles of administrative justice. The author also points to
other shortcomings of the existing legislation.
Rochelle Le Roux analyses two recent judgments dealing with the issue
of sexual harassment tn the workpiace In these cases (heard in the Cape
High Court and the Supreme Court of Appeal) a woman successfully sued

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