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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:Regulatory negotiation in South Africa
Authors:Kriel, Ross R.ISNI
Stein, Anthony
Periodical:South African Journal on Human Rights
Geographic term:South Africa
Subjects:rule of law
administrative law
Abstract:In the early 1990s, the nonaccountability of Parliament and the illegitimacy of the Executive in South Africa made new modes of producing legislation imperative. Most important among these modes was negotiation. Negotiation was the medium which produced the interim Constitution and other major pieces of legislation. In the process of producing secondary legislation negotiation has had a less conspicuous, but nevertheless quite distinct role. In this article the authors take what is a rough and ready process in South Africa, and consider a formalized version of it in a postulated Administrative Justice Act (AJA). Their central interest lies in the conditions under which it is appropriate for an agency to move from the default procedure of notice and comment to a negotiating procedure. They consider the kind of conditions that might prompt government to opt for negotiation, and whether these conditions can be satisfactorily codified by the legislature in a statute such as the AJA. They examine the role of the National Economic Development and Labour Council (Nedlac) in the drafting of the new Labour Relations Act to demonstrate the kind and extent of the representation problems that might arise in negotiating contexts. Notes, ref.