To see the other types of publications on this topic, follow the link: Administrative law – South Africa.
Journal articles on the topic 'Administrative law – South Africa'
Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles
Consult the top 50 journal articles for your research on the topic 'Administrative law – South Africa.'
Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.
You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.
Browse journal articles on a wide variety of disciplines and organise your bibliography correctly.
1
Hoexter, Cora. "Administrative Justice in Kenya: Learning from South Africa's Mistakes." Journal of African Law 62, no. 1 (February 2018): 105–28. http://dx.doi.org/10.1017/s0021855318000025.
Full textAbstract:
AbstractThe wording of article 47 of Kenya's Constitution of 2010 is almost identical to that of the section 33 rights to just administrative action in South Africa's 1996 Constitution. Like section 33, article 47 mandates the enactment of legislation to give effect to these constitutional rights, and Kenya's Fair Administrative Action Act 4 of 2015 was strongly influenced by the equivalent South African legislation, the Promotion of Administrative Justice Act 3 of 2000 (PAJA). South Africa can thus be regarded as a sort of laboratory for Kenyan administrative justice. The aim of this article is to highlight some of the South African experience in relation to section 33 and the PAJA in the hope that Kenya will learn from some of South Africa's mistakes. It argues that the Kenyan courts should avoid following the example of their South African counterparts in allowing their mandated legislation to become almost redundant.
2
Olivier, Marius, and Avinash Govindjee. "The Inter-Relationship between Administrative Law and Labour Law: Public Sector Employment Perspectives from South Africa." Southern African Public Law 30, no. 2 (December 1, 2017): 319–46. http://dx.doi.org/10.25159/2522-6800/3583.
Full textAbstract:
The legal position of public sector employees who challenge employment decisions taken by the state or organs of state in its/their capacity as employer in South Africa has long been problematic. Even though at least four judgments by the Constitutional Court of South Africa have considered whether employment-related decisions in the public sector domain do or could amount to administrative action and whether administrative law and/or labour law should be applicable for purposes of dispute resolution, legal uncertainty remains the order of the day due to a combination of factors. The authors assess whether (and to what extent) the rich South African administrative-law jurisprudence remains of importance in relation to the public employment relationship, bearing in mind the applicable legal considerations, including the inter-relatedness, interdependence and indivisibility of the range of applicable fundamental constitutional rights. Considering the debate in other jurisdictions on this issue, the authors develop a paradigm for situating different employment-related disputes as matters to be decided on labour and/or administrative-law principles in South Africa. This requires an appreciation, to the extent relevant, of the unique nature public sector employment relationships and a detailed investigation of the applicable legal sources and precise parameters of the cases already decided in the country. The position of employees deliberately excluded from the scope of labour legislation is analysed, for example, as is the legal position of high-ranking public sector employees. The outcome of the investigation is important for determining the legal principles to be applied in cases involving public sector employees in their employment relationship, and for purposes of determining the question of jurisdiction. Recent cases, for example where the courts have permitted the state, as employer, to review its own disciplinary decision (via a state-appointed chairperson of a disciplinary hearing) on the basis that this amounts to administrative action which is reviewable, are also examined in the light of the uncertainty regarding the precise nature and scope of the review.
3
Quinot, Geo. "Substantive Legitimate Expectations in South African and European Administrative Law." German Law Journal 5, no. 1 (January 1, 2004): 65–85. http://dx.doi.org/10.1017/s2071832200012256.
Full textAbstract:
The doctrine of legitimate expectation was authoritatively accepted as part of South African administrative law in the landmark case of Administrator, Transvaal v Traub in 1989. In that case Chief Justice Corbett extended the scope of application of the rules of natural justice, specifically the audi principle, beyond the traditional “liberty, property and existing rights” formula to cases where something less than an existing right, a legitimate expectation, required a fair procedure to be followed. This acceptance followed the trend in other Commonwealth jurisdictions to extend the application of the rules of natural justice and hence afford greater procedural protection to individuals affected by administrative decisions. Although Chief Justice Corbett expressly stated that the content of the expectation may be substantive or procedural in nature, the protection of that expectation, if found to be legitimate, was exclusively procedural. Since the Traub decision, the doctrine of legitimate expectation has been deeply entrenched in South African administrative law to extend the scope of procedural rights afforded individuals affected by administrative action. It is now an established principle of South African administrative law that a person, who has a legitimate expectation, flowing from an express promise by an administrator or a regular administrative practice, has a right to be heard before administrative action affecting that expectation is taken. The doctrine, has however, by and large, remained one that provides procedural protection in South Africa. In a number of recent decisions by South African courts, ranging from the High Court to the Supreme Court of Appeal and the Constitutional Court, there have been increasing calls for the application of legitimate expectations beyond procedural claims.
4
Pretorius, D. M. "“What’s past is prologue”: an historical overview of judicial review in South Africa – part 2." Fundamina 26, no. 2 (2020): 424–519. http://dx.doi.org/10.47348/fund/v26/i2a6.
Full textAbstract:
This contribution explores the historical origins and development of judicial review in South Africa, as an indication of shifts in relations between – and of the relative legal and political powers of – the three branches of state. It also provides bibliographical details of sources chronicling these historical processes. The first part focused mainly on constitutional review, namely the power of the law courts to test the validity of statutes against constitutional criteria. This second part analyses the historical development of administrative law, especially the common-law evolution of judicial review of the decision-making processes of organs of state, and how that process unfolded reciprocally with political shifts in twentieth-century South Africa. There is also a synopsis of the introduction of administrative law as a discrete subject in South African law schools. Finally, this contribution briefly explores historical aspects of the role of interpretation of statutes in the context of administrative law, and briefly touches on special statutory review as distinct from common-law review.
5
Ikhariale, M. A. "THE DOCTRINE OF LEGITIMATE EXPECTATIONS: PROSPECTS AND PROBLEMS IN CONSTITUTIONAL LITIGATION IN SOUTH AFRICA." Journal of African Law 45, no. 1 (April 2001): 1–12. http://dx.doi.org/10.1017/s0221855301001572.
Full textAbstract:
One of the outstanding features of the South African Constitution is the well-articulated concept of administrative justice. It is to be expected that a modern constitutional state with an enormous social reconstruction programme like that of post-apartheid South Africa must have a sophisticated mechanism for the maintenance of administrative justice. The immediate past experience of apartheid under which the administrative process was devoted to the victimization of a large section of the population has also meant that every constitutional means possible in the arduous task of social reconstruction must be deployed towards the declared objective of the evolution of a humane and just administrative process. It was therefore not surprising that the post-apartheid constitutions considered the availability of administrative justice for citizens as one of their foremost civil liberties. Under the common law, the concept of administrative justice is generally associated with the notion of natural justice. Recent developments, however, have tended to narrow the concept down to the idea of fairness. The most remarkable proof of this development is the emergence of the doctrine of legitimate expectations, under which the courts have been able to come to the aid of persons who would have in previous situations been unable to obtain redress in matters where the application of administrative discretion is of paramount importance.
6
Henrico, R. "Administrative law and voluntary religious associations in South Africa: some reflections." Tydskrif vir die Suid-Afrikaanse Reg 2021, no. 3 (2021): 521–37. http://dx.doi.org/10.47348/tsar/2021/i3a6.
Full textAbstract:
Daar is in Suid-Afrika verskeie vrywillige godsdiensorganisasies. Hulle leerstellings het betrekking op geloofsgebaseerde aangeleenthede. Sodanige organisasies vervul ook funksies ten aansien van die bestuur van die kerk, die hiërargiese samestelling daarvan, administratiewe aangeleenthede, die gedragskode van lidmate en leraars en dissiplinêre optrede ingevolge huishoudelike tribunale. Die verhouding tussen die lidmate en die organisasie waartoe hulle hul vrywillig verbind het, is nie statutêr van aard nie. Die verhouding is gebaseer op die interne grondwet van die godsdienstige organisasie wat beteken dat die bevoegdhede wat byvoorbeeld uitgeoefen word deur dissiplinêre tribunale, gebaseer is op die instemming van die betrokkenes. Kragtens die bevoegdhede wat so verleen is, bestaan ’n ongelyke verhouding tussen die leierskap teenoor hulle lidmate en medeleraars. Dit bly egter ’n privaatregtelike verhouding en word geen publiekregtelike verhouding weens die magsverhouding nie. ’n Vergelyking kan gemaak word met administratiefregtelike verhoudings waar eweneens sprake van magsverhoudings is. Administratiewe verhoudings is openbare regsverhoudings, maar tog ook een van ongelykheid. Die staatsreg plaas die individu in ’n ondergeskikte verhouding teenoor die owerhede. ’n Lidmaat wat verontreg of gegrief is deur ’n besluit van die godsdienstige organisasie waarvan hy/ sy ’n lid is, kan sodanige besluit aanveg deur middel van die hersieningsprosedure waarvoor in die grondwet van die organisasie voorsiening gemaak word, maar kan ook bloot besluit om te bedank en uit die organisasie te tree. Dié bevoegdheid geniet ’n burger wat verontreg is deur ’n administratiewe vergryp van die owerheid, behoudens dan emigrasie, nie. Alhoewel die bevoegdhede wat binne ’n godsdienstige organisasie uitgeoefen word, gebaseer is op onderlinge instemming – en gereguleer behoort te word deur die interne grondwet van die vereniging – mag dit die moeite loon om kennis te neem van die beginsels van die administratiefreg in die lig van die omvang van gevestigde administratiewe regspleging. Die outeur ondersoek in hierdie artikel in die eerste plek private godsdienstige organisasies binne die bestek van die grondwetlike waarborge van indiwiduele en geassosieerde vryheid van godsdiens. Tweedens word gelet op die feit dat, nieteenstaande die private aard van die verhouding tussen lidmate en die vrywillige godsdienstige organisasie, ’n geregtelike hersiening van godsdienstige verenigings gebaseer op die gemenereg wel toepaslik mag wees. In ’n demokratiese bedeling leen nóg die Wet op die Bevordering van Administratiewe Geregtigheid, nóg artikel 33 van die grondwet dit tot geregtelike hersiening van administratiewe optrede. Met inagneming van die horisontale toepassing van grondwetlike beginsels en artikel 39(2) en (3) in die handves van menseregte en die ongelyke verhouding tussen die partye, ontstaan die vraag of breër verligting deur middel van administratiewe regspleging nie moet seëvier in gevalle van sodanige “private administratiewe regspleging” nie. Ten slotte ondersoek die outeur die beginsel van vermyding van leerstellige verstrengeling. Dit onderstreep die respek wat ons howe verleen aan godsdiensvryheid waarkragtens die howe hulle daarvan weerhou om in te meng in die sake van godsdienstige organisasies tensy dit buite die bestek van die tersake eie norme en riglyne soos vervat in die tersake grondwette val.
7
Do Vale, Helder Ferreira. "Educational Reforms and Decentralization in Brazil, South Africa, South Korea and Spain." Lex localis - Journal of Local Self-Government 14, no. 3 (July 31, 2016): 591–612. http://dx.doi.org/10.4335/14.3.591-612(2016).
Full textAbstract:
The article assesses the education reforms in four countries: Brazil, South Africa, South Korea, and Spain. The main objective of the comparison is to identify the elements of the reforms that led to different educational performances. By taking South Korea as a model of successful education reform, the comparative analysis shows that the educational reforms in Brazil, South Africa, and Spain have set these countries aside from the path toward high-performing educational systems. In these countries, differently from South Korea, decentralizing education reforms have been dominated by conflict over the distribution of fiscal and administrative resources.
8
Abduroaf, Muneer. "Application of the Islamic Law of Succession in South Africa." Obiter 41, no. 2 (October 1, 2020): 396–409. http://dx.doi.org/10.17159/obiter.v41i2.9159.
Full textAbstract:
Muslims have been living in South Africa for over 300 years. There are over 750 000 Muslims living in South Africa today. These persons constitute a minority religious group in a non-Muslim country. Muslims are required in terms of their religion to follow Islamic law. There has (to date) been no legislation enacted by the South African parliament that gives effect to Islamic law. South African Muslims can however make use of existing South African law provisions in order to apply certain Islamic laws within the South African context. This article looks at the practical application of the Islamic law of succession and administration of estates within the South African context by way of a fictitious scenario. It highlights some of the problem areas when a Muslim testator or testatrix bequeaths his or her estate in terms of Islamic law by means of a will (Islamic will).
9
Mupangavanhu, Brighton M., and Yeukai Mupangavanhu. "Alignment of Student Discipline Design and Administration to Constitutional and National Law Imperatives in South Africa." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 14, no. 2 (June 6, 2017): 124. http://dx.doi.org/10.17159/1727-3781/2011/v14i2a2564.
Full textAbstract:
Higher Learning Institutions (HEIs) have an important role to play in the promotion of respect for fundamental human rights and other constitutional imperatives. This article will demonstrate that the design and administration of student discipline at HEIs qualifies to be administrative action. As such, the article will identify the constitutional and other legislative principles which can help student discipline to be aligned to the requirements of just administrative action, which are lawfulness, procedural fairness and reasonableness. The article will explore challenges faced by student discipline and proffer recommendations and suggestions for improved regulation and practice.
10
Sippel, Harald. "Recht und Emotion: ‚German Angst‘ und das Verwaltungshandeln in Deutsch-Südwestafrika." Recht in Afrika 21, no. 2 (2018): 208–33. http://dx.doi.org/10.5771/2363-6270-2018-2-208.
Full textAbstract:
The paper establishes a relationship between the academic complex ‘Law and Emotion’ and the concept of ‘German Angst’ using the example of the former colony German South West Africa. ‘German Angst’ is a special manifestation of the feeling of fear. It describes a merely perceived threat, an unfounded anxiety, which under certain circumstances should be typical of “the Germans”. The article examines whether what is today understood by ‘German Angst’ had already been influencing the extreme colonial administrative action and legislative measures towards the African population in German South West Africa compared to other former German overseas territories.
11
Chanock, Martin. "Writing South African Legal History: A Prospectus." Journal of African History 30, no. 2 (July 1989): 265–88. http://dx.doi.org/10.1017/s0021853700024130.
Full textAbstract:
This article outlines the approach to the writing of South African legal history being taken in a book in progress on the South African legal system between 1902 and 1929. It suggests that legalism has been an important part of the political culture of South Africa and that, therefore, an understanding of legal history is necessary to a comprehension of the South African state. It offers a critique of the liberal notion of the rule of law as a defence against state power, arguing that in the South African context ideological and legitimising explanations of law should be de-emphasised in favour of an approach which emphasises the instrumental nature of law in relation to state power. Elements of the existing legal and historical literature are briefly reviewed.The basic orientation is to consider the South African legal system as essentially a post-colonial British system rather than one of ‘Roman-Dutch law’. The study is divided into four parts. The first looks at the making of the state between 1902 and 1910 and considers the role and meaning of courts, law and police in the nature of the state being constructed. The second discusses ‘social control’. It considers the ideological development of criminology and thought about crime: the nature of ‘common law’ crime and criminal law in an era of intensified industrialisation; the development of statutory criminal control over blacks; and the evolution of the criminalising of political opposition. The third part considers the dual system of civil law. It discusses the development of Roman-Dutch law in relation to the legal profession; and outlines the development of the regime of commercial law, in relation to contemporary class and political forces. It also examines the parallel unfolding of the regime of black law governing the marital and proprietal relations of blacks, and embodied in the Native Administration Act of 1927. The final segment describes the growth of the statutory regime and its use in the re-structuring of the social order. It suggests that the core of South African legalism is to be found in the emergence of government through the modern statutory form with its huge delegated powers of legislating and its wide administrative discretions.
12
Bolt, Maxim. "Homeownership, Legal Administration, And The Uncertainties Of Inheritance In South Africa’s Townships: Apartheid’s Legal Shadows." African Affairs 120, no. 479 (February 10, 2021): 219–41. http://dx.doi.org/10.1093/afraf/adab001.
Full textAbstract:
Abstract Expanded homeownership in Johannesburg’s townships offered the prospect of post-apartheid formal inclusion. Yet allocation of title to former rental homes has been characterized by a profound lack of normative consensus regarding ownership or inheritance. In bitter disputes over houses, appeals to law jostle and interweave with claims in a customary register. In much regional scholarship, normative pluralism provides a point of departure for understanding disagreement of this kind. This article proposes an alternative perspective by examining how dissensus is mediated and given shape by a legal–administrative process. Law becomes inchoate in layers of bureaucratic encounter, while contested claims to custom are sharpened at the interface with bureaucracy. In South Africa, taking administration as a starting point reveals the long shadows of apartheid in concrete experiences of the law, in extra-legal understandings, and in the very terms of contestation among kin. Illuminating the little-explored topic of urban property inheritance, the perspective has broader implications for understanding inequality. Inclusion through homeownership is a form of ‘adverse incorporation’ marked by official opacity, diffidence regarding the law, stratifying administrative dualism, and uncertainty about the parameters of ownership and inheritance.
13
Duthie, Andrew G. "A review of provincial environmental impact assessment administrative capacity in South Africa." Impact Assessment and Project Appraisal 19, no. 3 (September 2001): 215–22. http://dx.doi.org/10.3152/147154601781767032.
Full text
14
Silaigwana, Blessing, and Douglas Wassenaar. "Research Ethics Committees’ Oversight of Biomedical Research in South Africa: A Thematic Analysis of Ethical Issues Raised During Ethics Review of Non-Expedited Protocols." Journal of Empirical Research on Human Research Ethics 14, no. 2 (January 24, 2019): 107–16. http://dx.doi.org/10.1177/1556264618824921.
Full textAbstract:
In South Africa, biomedical research cannot commence until it has been reviewed and approved by a local research ethics committee (REC). There remains a dearth of empirical data on the nature and frequency of ethical issues raised by such committees. This study sought to identify ethical concerns typically raised by two South African RECs. Meeting minutes for 180 protocols reviewed between 2009 and 2014 were coded and analyzed using a preexisting framework. Results showed that the most frequent queries involved informed consent, respect for participants, and scientific validity. Interestingly, administrative issues (non-ethical) such as missing researchers’ CVs and financial contracts emerged more frequently than ethical questions such as favorable risk/benefit ratio and fair participant selection. Although not generalizable to all RECs, our data provide insights into two South African RECs’ review concerns. More education and awareness of the actual ethical issues typically raised by such committees might help improve review outcomes and relationships between researchers and RECs.
15
Do Vale, Helder. "Local Government Reforms in Federal Brazil, India and South Africa: A Comparative Overview." Lex localis - Journal of Local Self-Government 11, no. 3 (July 1, 2013): 453–70. http://dx.doi.org/10.4335/11.3.453-470(2013).
Full textAbstract:
This article examines the changes at the local level of government that have been taking place in Brazil, India and South Africa for the past thirty years as a result of complex federal decision-making processes. I summarize the most important federal traits of these countries and identify the role of key institutions behind the fiscal, political and administrative changes in local governments. The article draws on the institutional processes to dissect the anatomy of local government reforms in these countries and concludes that although the changes in local government structures and powers have been taken against the background of transition to democracy and/or democratic deepening, the scope of change in local government varied.
16
Jones, Sharon A., and Catriona Mhairi Duncanson. "Implications of the World Bank's privatization policy for South Africa." Water Policy 6, no. 6 (December 1, 2004): 473–86. http://dx.doi.org/10.2166/wp.2004.0031.
Full textAbstract:
Providing potable water is a central issue for all nations and is of particular concern in developing countries where universal coverage does not exist. This paper evaluates the implications of the World Bank's privatization policy for the water sector in developing countries using South Africa as an example. The authors conclude that regardless of private investment, cost-accounting reform is needed both to provide universal services and to practice environmental stewardship. Based on theory and empirical evidence, concessions appear to be the optimal form of water sector privatization. The structure of the water sector in South Africa favors the use of concessions if a privatization strategy is pursued. The South African case shows that the success of attempts to privatize a monopolistic water sector depends on developing adequate regulatory and administrative capacity. This conclusion aligns closely with the current World Bank privatization policy. However, the authors argue that the Bank policy does not explicitly address several issues that are necessary to maximize the benefits of privatization. In addition, the authors agree with other analysts who suggest that the World Bank would benefit from a new paradigm for infrastructure privatization that is more transparent and includes a coalition of stakeholders with community involvement.
17
UROMI, SABBATH M. "CHALLENGES FACING PUBLIC PROCUREMENT INFORMATION IN SOME AFRICAN COUNTRIES NAMELY." International Journal for Innovation Education and Research 2, no. 7 (July 31, 2014): 54–60. http://dx.doi.org/10.31686/ijier.vol2.iss7.208.
Full textAbstract:
This article seeks to find out challenges facing the procurement laws in Africa. The article examines the meaning and purpose of public procurement, drawing parallels between its essential elements, and stages with the need and requirement to enhance transparency and accountability to attain its objectives. It also seeks to provide analysis of traditional procurement reform objectives and identifies the importance of transparency and accountability as well as value for money in procurement to their achievement of joint goals. The article then examines broadly the access to information provisions of the procurement laws in a number of African countries namely -South Africa, Zimbabwe, Uganda and Tanzania and concludes that these laws contribute to improving access to information across Africa, particularly where an access to information law is absent, but are not robust enough to sufficiently provide comprehensive access to information. It examines the level of constraint posed by administrative charges for access to information. Also the article concludes based on the Tanzanian experience that limited access to information, laws already exist may be more as a result of; limited capacities in both the citizens sector and public sector to capture and maintain information in a retrievable format; deliberate delays by public officers to frustrate applications for access; poor information management practices and half hearted efforts within the citizens sector to apply existing law, than any application of administrative fee or other limiting provisions of the law, WITTING, W.A (2002).
18
Muneer Abduroaf. "Comparing the Application of The Islamic Law of Succession and Administration of Estates in Singapore with South Africa." Obiter 41, no. 1 (April 1, 2020): 122–35. http://dx.doi.org/10.17159/obiter.v41i1.10553.
Full textAbstract:
This article investigates how the Islamic law of succession and administration of estates is applied in Singapore and South Africa with regard to the “Islamic will”. This kind of will includes a provision where the testator or testatrix states that his or her estate must be distributed in terms of the Islamic law of succession. This requires an Islamic law expert or an Islamic organisation to draft an Islamic distribution certificate stating who the beneficiaries of the person are. The distribution certificate is drafted after the testator or testatrix has died. An Islamic distribution certificate within the Singaporean context is specifically compared with one in the South African context. This article looks at whether features found in the Singaporean model can be applied to the South African context. An overview of the Muslim population in Singapore and South Africa is presented by way of introduction. This is followed by an examination of the constitutional and international obligations of the two countries in light of their equality provisions, and a comparative analysis of the Islamic law of succession and administration of estates in the two countries. The focus areas looked at are liability claims, testate succession claims and intestate succession claims. A brief analysis of the findings and concluding remarks are made at the end of the article.
19
Beres, Louis Rene. "AMERICA AND SOUTH AFRICA." Review of Policy Research 6, no. 2 (November 1986): 203–11. http://dx.doi.org/10.1111/j.1541-1338.1986.tb00686.x.
Full text
20
Khanderia, Saloni. "The Compatibility of South African Anti-Dumping Laws with WTO Disciplines." African Journal of International and Comparative Law 25, no. 3 (August 2017): 347–70. http://dx.doi.org/10.3366/ajicl.2017.0199.
Full textAbstract:
This article evaluates the compatibility of South African laws on anti-dumping with the WTO disciplines set forth in the Anti-Dumping Agreement. It analyses the provisions of the International Trade Administration Act 2002 and the Anti-Dumping Regulations 2005 to examine whether South Africa has been adhering to its WTO obligations. The South African law on this subject is largely incompatible with its WTO counterpart in matters of, inter alia, the calculation of the constructed export price, the determination of material injury and a causal relationship, the imposition of provisional and definitive anti-dumping duties and the procedure for review. This has in turn resulted in strained relationships between South Africa and the other members of the international community in regard to the procedures adopted during anti-dumping investigations.
21
Mabe, Zingaphi. "Alternatives to Bankruptcy in South Africa that Provides for a Discharge of Debts: Lessons from Kenya." Potchefstroom Electronic Law Journal 22 (March 12, 2019): 1–34. http://dx.doi.org/10.17159/1727-3781/2019/v22i0a5364.
Full textAbstract:
The problems faced by debtors in South Africa is not that there are no alternatives to insolvency proceedings, but that the available alternatives do not provide for a discharge of debt as with a sequestration order, which is ultimately what the debtor seeks to achieve. Debtors in South Africa can make use of debt review in terms of the National Credit Act 34 of 2005 or administration orders in terms of the Magistrates' Court Act 32 of 1944 to circumvent the sequestration process. However, both debt review and administration orders do not provide for a discharge of debt and provide for debt-restructuring only, in order to eventually satisfy the creditor's claims. Attention is given to the sequestration process and the alternatives to sequestration as they relate specifically to the discharge or lack of a discharge of a debtor's debts. The South African law is compared to Kenyan Law. This article seeks to analyse the alternatives to the bankruptcy provisions of the newly enacted Kenyan Insolvency Act 18 of 2015 in order to influence the possible reform of insolvency law in South Africa. Like the South African Insolvency Act, the old Kenyan Bankruptcy Act (Cap 53 of the Laws of Kenya) also did not have alternatives to bankruptcy. The old Kenyan Bankruptcy Act, however, contained a provision on schemes of arrangement and compositions. The Kenyan Insolvency Act now caters for alternatives to bankruptcy and provides a wide range of alternatives to bankruptcy, some of which allow debtors in different financial positions to obtain a discharge.
22
De Lange, Silke. "Revoking a Decision to Suspend Payment of Disputed Tax "on Further Consideration": An Administrative Law Perspective." Potchefstroom Electronic Law Journal 24 (February 11, 2021): 1–26. http://dx.doi.org/10.17159/1727-3781/2021/v24i0a7612.
Full textAbstract:
The "pay now, argue later" rule entails that the obligation to pay tax and the right of the South African Revenue Service (SARS) to receive and recover tax are not suspended by objection or appeal. However, in terms of section 164(2) of the Tax Administration Act 28 of 2011 (hereafter TAA), a taxpayer may request a senior SARS official to suspend the payment of disputed tax and a senior SARS official may, in terms of section 164(3) of the TAA, grant such a suspension having regard to certain relevant factors. Section 164(5) of the TAA further provides that the decision to suspend may be revoked on a number of grounds. One of the grounds is when a senior SARS official is satisfied, on further consideration of the factors which had to be taken into account when the suspension was granted, that the suspension should not have been granted. There is no indication in the TAA that this ground for revoking the suspension requires that there should be a material change in the factors, as this is provided for in a separate ground to revoke the decision to suspend the payment of disputed tax. It is also not required, for example, that the taxpayer should have failed to disclose information when making the request to suspend the payment. It is argued in this article that the ground for revoking a decision to suspend payment "on further consideration of the factors" raises concerns from an administrative law point of view. This is based on the revocation being an "administrative action" as contemplated in section 33 of the Constitution of the Republic of South Africa, 1996 read together with the Promotion of Administrative Justice Act 3 of 2000, which requires that the revocation should be lawful, reasonable and procedurally fair. The concerns raised in this article relate not only to the rights of taxpayers, but also to the duties of the SARS officials revoking a decision to suspend payment as it is equally important that administrators should be able to know how and when to act in a manner which is lawful, reasonable and procedurally fair.
23
Strydom, Melissa. "A critique on privately prosecuting the holder of ‘after the fact’ environmental authorisations: Uzani Environmental Advocacy CC v BP Southern Africa (Pty) LtdA critique on privately prosecuting the holder of ‘after the fact’ environmental authorisations: Uzani Environmental Advocacy CC v BP Southern Africa (Pty) Ltd." South African Law Journal 138, no. 3 (2021): 617–48. http://dx.doi.org/10.47348/salj/v138/i3a8.
Full textAbstract:
There has been much debate about ‘after the fact’ environmental authorisations and the ability to privately prosecute environmental-law offences in South Africa. These two issues came to a head in Uzani Environmental Advocacy CC v BP Southern Africa (Pty) Ltd. This case is the first known private prosecution of environmental-law contraventions in South Africa. BP Southern Africa (Pty) Ltd (‘BPSA’) was privately prosecuted for constructing filling stations without environmental authorisations, allegedly between 1998 and 2005. BPSA submitted ‘rectification’ applications in 2005, paid administrative fines, and was issued with ‘after the fact’ environmental authorisations. Nevertheless, in 2019 BPSA was convicted for contravening the related environmental-law requirement. This article discusses the applicable legislative context, the complex and frequently changing environmental laws, and their interpretation and application in a criminal context. Criticisms of the Uzani judgment include that the court did not sufficiently deliberate or determine the applicable law at the time of the offences for which BPSA was indicted; the public or environmental interest served by the private prosecution; strict liability in relation to the offence; policy and other considerations for not prosecuting these offences; constitutionality and admissibility of the evidence; and the potentially far-reaching consequences of such prosecutions. These issues all act as reminders of the importance of clear and precise legislative drafting, and contextual interpretation.
24
Bennett, Thomas W. "Ubuntu: An African Equity." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 14, no. 4 (June 8, 2017): 29. http://dx.doi.org/10.17159/1727-3781/2011/v14i4a2583.
Full textAbstract:
In this paper the uses of ubuntu in constitutional law, criminal law, administrative law, the law of property, family law, delict and contract are investigated. Furthermore the theoretical objections to the use of ubuntu are stated and responded to. It is found that ubuntu provides the South African courts with a metanorm similar to the English notion of equity and that it is being deployed to give voice to something distinctively African. It promises to lay the foundations for a cohesive, plural, South African legal culture", characterised by notions such as reconciliation, sharing, compassion, civility, responsibility, trust and harmony.
25
Malan, MC Schoeman. "Recent Developments Regarding South African Common and Customary Law of Succession." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 10, no. 1 (July 4, 2017): 106. http://dx.doi.org/10.17159/1727-3781/2007/v10i1a2794.
Full textAbstract:
This article will concentrate on the development in the common law of succession and administration of estates versus the customary law of succession and inheritance as well as the winding up of estates pursuant to constitutional tendencies, case law, and statutory reform over the last ten years. The principles of customary law of succession and inheritance have become a contentious issue since the commencement of the Constitution and Bill of Rights which provide for a human rights dispensation in South Africa. As a pluralistic legal system was retained, the inevitable conflict between the principles of customary law of succession and the Constitution soon came to the fore. Although the South African Law Reform Commission reported on this issue and submitted their recommendations to the Minister of Justice and Constitutional Development, the report was never formally published. Aspects of intestate succession and the administration of estates of deceased blacks were challenged in court on constitutional grounds. This eventually lead to a number of principles of customary law being declared unconstitutional, and consequently invalid, by the Courts who had no choice but to provide relief until such time as the legislature enacted a lasting solution. As far as the intestate succession is concerned, the Intestate Succession Act 81 of 1987 was extended to all persons in South Africa, including those adhering to a system of customary law. No distinction will, for purposes of succession, be made in future between legitimate and illegitimate children, between a first born son and other siblings or between men and women. Notwithstanding several court judgments in this regard, the Intestate Succession Act has not been amended by the Legislature as yet. As far as the historical discrepancy in the winding up and administration of estates is concerned, all estates, including intestate estates of black persons that have to devolve under customary law, in the future will be administered by the Master. Magistrates no longer will be responsible for supervising and administering customary estates.
26
van Koppen, Barbara, and Barbara Schreiner. "Priority General Authorisations in rights-based water use authorisation in South Africa." Water Policy 16, S2 (November 1, 2014): 59–77. http://dx.doi.org/10.2166/wp.2014.110.
Full textAbstract:
This article unravels the notions of justice in statutory water law in Sub-Saharan Africa in general and South Africa in particular. These laws, which allocate and regulate water resources, are licence (or permit) systems. Three forms of injustices are identified for small-scale water users who typically encompass all poor water users: the reinforcement of the historical injustices by which colonial powers captured ownership of water resources and undermined customary water law; administrative discrimination as a result of governments' lack of capacity to license the large numbers of small-scale users; and discrimination of the smallest-scale users whose exemption from the obligation to apply for a licence relegates them to a second-class entitlement to water. Based on the texts and implementation experiences of the National Water Act (1998) and the pro-poor prioritisation rules in the National Water Resource Strategy-2 (2013), the authors propose the transformative legal tool of priority General Authorisations for black small-scale users to overcome these injustices. Via this tool all black small-scale users, including the poor, would obtain equal access to minimum quantities of water needed to progressively achieve constitutional rights to water, food, and non-discrimination, while the remaining water resources would be allocated to high-impact users through licences with strict and enforceable conditions.
27
Chanock, Martin. "Criminological Science and the Criminal Law on the Colonial Periphery: Perception, Fantasy, and Realities in South Africa, 1900-1930." Law & Social Inquiry 20, no. 04 (1995): 911–39. http://dx.doi.org/10.1111/j.1747-4469.1995.tb00696.x.
Full textAbstract:
This article, by framing criminology and criminal law together, suggests that in the early years of the South African state both bodies of discourse served to evade reality and to construct a sense of self and other as a part of the development of the administration of South African criminal law. It considers the derivation of South African criminology from contemporary metropolitan formulations. South African legal doctrine and practice likewise depended on extra-South African sources. These imported discourses provided lenses through which a descriptive confrontation with the realities of the processes of criminalization, and the administration of criminal justice could be avoided precisely by hose “expert” in these fields. Instead, science and law, far from being pragmatic disciplines, provided the means by which to fantasize about the nature of white justice and black criminality.
28
Selala, Koboro J. "Constitutionalising The Right to Legal Representation at CCMA Arbitration Proceedings: Law Society of the Northern Provinces v Minister of Labour 2013 1 SA 468 (GNP)." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 16, no. 4 (May 17, 2017): 396. http://dx.doi.org/10.17159/1727-3781/2013/v16i4a2425.
Full textAbstract:
Recently, the issue of legal representation at internal disciplinary hearings and CCMA arbitrations has been a fervent topic of labour law discourse in South Africa. While the courts have consistently accepted the common law principle that there is no absolute right to legal representation at tribunals other than courts of law, a study of recent case law reveals that the majority of court judgments seem to be leaning in favour of granting legal representation at disciplinary hearings and CCMA arbitrations than denying it. In the recent case, Law Society of the Northern Provinces v Minister of Labour, the High Court struck down the rule of the CCMA which restricted legal representation at CCMA arbitration as unconstitutional on grounds of irrationality. The High Court considered that the impugned rule was inconsistent with section 3(3)(a) of the Promotion of Administrative Justice Act, which was specifically enacted to give effect to the right to administrative justice entrenched in the Constitution. In so deciding the High Court considered the importance of job security and the possible loss of job by an employee as a serious matter. This case note aims to analyse critically the court’s judgment in Law Society of the Northern Provinces v Minister of Labour and to consider its implications for dispute resolution in South Africa. It is asserted that although the right to legal representation is not absolute at labour proceedings, in light of the court’s decision in Law Society of the Northern Provinces v Minister of Labour it is not easy to identify the circumstances that would provide justification for the infringement of the right at CCMA arbitrations and probably at disciplinary hearings as well. Here, an argument is made suggesting that the court in the Law Society case has taken the right to legal representation too far.
29
du Toit, Mangalane, and Liezel Lues. "Transitioning to Sustainable Administrative Gatekeeping in Access to Social Grants for South African Adult Persons with Disabilities." Sustainability 13, no. 7 (March 24, 2021): 3597. http://dx.doi.org/10.3390/su13073597.
Full textAbstract:
This article explores the efficiency in the administration of social grants for adult persons with disabilities (PWDs) in the Northern Cape province of South Africa. The focus, in particular, is on explaining why, despite a gatekeeping element, adult PWDs presenting with the same medical condition, with mild or no verifiable impairment, keep returning and are allowed through the system, only to be rejected again, citing the same reasons as before. Administrative gatekeeping, as illustrated in the 2011 Social Grants Disability Management Model, does not extend beyond (i) verifying the correctness of supporting documents and (ii) checking documented proof of medical history to ascertain that applicants of social grants for adult PWDs are not booked for medical assessments within three months of their last assessment. This points to a weakness in the system, as the screening officials cannot turn away applicants of social grants for adult PWDs for any other reason once the documents are verified as correct. Here, we report the findings from responses to structured telephone interviews and structured face-to-face interviews with applicants of social grants for adult PWDs who are residents of the Northern Cape province of South Africa. We conclude that socio-economic circumstances, rather than impairment, are the main drivers for adult PWDs to keep on applying for social grants for adult PWDs and we offer some strategies for addressing this predicament to contribute to a sustainable and an efficient, effective, and economical administration process.
30
Zimmermann, Reinhard. "The Contribution of Jewish Lawyers to the Administration of Justice in South Africa." Israel Law Review 29, no. 1-2 (1995): 250–90. http://dx.doi.org/10.1017/s0021223700014667.
Full textAbstract:
When I grew up in Hamburg, my home town, I had no Jewish friends or acquaintances. And if I had, I did not notice. Indeed, the very inquiry into whether someone was a Jew would have seemed awkward and inappropriate to me. In 1981 I went to Cape Town, where I was to spend seven years teaching Roman and comparative law. There I had the good fortune to come into contact with a vigorous, selfconfident and highly visible Jewish community. I had Jewish friends and colleagues, Jewish students and team mates. On account of my name I was even sometimes invited, on ceremonial occasions, to the synagogue. I suddenly realized how, for obvious historical reasons, our attitude towards national, racial and religious identity, and towards Jewish identity in particular, has been warped and to what extent we, as Germans, have lost any sense of unselfconscious innocence in these matters. It also struck me how much our culture has been impoverished by the absence of its specifically Jewish ingredient.
31
Kotzé, LJ. "The application of just administrative action in the South African environmental governance sphere: an analysis of some contemporary thoughts and recent jurisprudence." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 7, no. 2 (July 10, 2017): 57. http://dx.doi.org/10.17159/1727-3781/2004/v7i2a2850.
Full textAbstract:
Administrative law, and more specifically administrative justice, is becoming increasingly important in the context of environmental law. The enforcement of environmental law depends to a large extent on administrative decision-making by environmental authorities. A developer who whishes to undertake a development activity that may have a detrimental effect on the environment, will require an environmental authorization that must be granted by the relevant environmental authority. There may be certain instance where the application for such an authorization is unduly delayed, or where there are mala fides on the part of the relevant authority. This may inevitably infringe the right of the developer to, inter alia, administrative justice. It is argued in this article that the developer has certain constitutional rights which can be invoked when dealing with environmental authorities. Hence, the discussion in this article focuses on the relationship between administrative justice and environmental governance; the constitutional rights of the developer; and recent case law that supports the proposal that the developer has legal recourse when her right to administrative justice has been infringed.
32
Büchner-Eveleigh, Mariana, and Annelize Nienaber. "Gesondheidsorg vir Kinders: Voldoen Suid-Afrikaanse Wetgewing Aan die Land se Verpligtinge Ingevolge die Konvensie Oor die Regte van die Kind en die Grondwet?" Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 15, no. 1 (May 22, 2017): 102. http://dx.doi.org/10.17159/1727-3781/2012/v15i1a2459.
Full textAbstract:
Included in the Convention on the Rights of the Child, 1989 (UN Children's Convention) is the right of children to the highest attainable standard of health. In terms of article 4 of the UN Children's Convention, in implementing the UN Children's Convention state parties must "undertake all appropriate legislative, administrative, and other measures for the implementation of the rights recognised in the present Convention". South Africa showed its commitment to protecting and promoting children's health when it ratified the UN Children's Convention and subsequently adopted the Constitution of the Republic of South Africa, 1996, which includes provisions guaranteeing the health rights of children. South Africa also showed commitment to giving legislative effect to the protection and promotion of children's health by promulgating the National Health Act 61 of 2003, the Children's Act 38 of 2005 and the Mental Health Care Act 17 of 2002. The article evaluates existing policy and legislation affecting child health in order to assess how well South African legislation addresses the issue of children's healthcare rights and whether or not it complies with its international law and constitutional obligations in this regard. The article concludes that although much legislation exists, none provides comprehensively for children's healthcare rights, and there are many gaps in existing legislation. Most importantly, there is no reference to the core minimum requirements for the state in providing for the health of children, particularly in the way of healthcare services and nutrition. Further, there is a complete lack of legislation which protects the health needs of children with disabilities. In order to ensure that the health rights of children are protected and promoted, we propose more comprehensive legislative protection.
33
Barry, Michael. "Hybrid land tenure administration in Dunoon, South Africa." Land Use Policy 90 (January 2020): 104301. http://dx.doi.org/10.1016/j.landusepol.2019.104301.
Full text
34
Kondo, Tinashe. "A Comparison with Analysis of the SADC FIP before and after Its Amendment." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 20 (September 4, 2017): 1. http://dx.doi.org/10.17159/1727-3781/2017/v20i0a1676.
Full textAbstract:
Discourses on rights, duties and obligations predominantly take place within the context of constitutional, administrative and human rights law. In the last decade these debates have also begun to take place in international investment law, an "autonomous branch" of international law. The main debate centres on the adequacy and sustainability of investor-centred regulatory regimes which provide more rights than obligations to investors. The 2006 Southern African Development Community Finance and Investment Protocol (SADC FIP) was a typical example of such a regime. It offered antiquated protections which were characteristic of first generation Bilateral Investment Treaties (BITs). The result was that some countries, such as South Africa, opted not to conform to this binding instrument, which did not match their progressive vision of foreign investment. It is against this backdrop that the SADC FIP was recently amended. The amendment, balances the rights and obligations of investors and state parties to some degree, and moves towards sustainable foreign investment. However, this paper argues that more still needs to be done to modernise the document in line with more recent trends.
35
Myende, Phumlani Erasmus, and Selaelo Maifala. "Complexities of Leading Rural Schools in South Africa: Learning from Principals’ Voices." International Journal of Rural Management 16, no. 2 (June 14, 2020): 225–53. http://dx.doi.org/10.1177/0973005220930382.
Full textAbstract:
This article reports the findings of a qualitative study that examined what it means to be a principal in the context of rurality. We argue that principals in the 21st century encounter complex work situations that make it hard for them to manoeuvre. Furthermore, for principals in the context of rurality, such complexities pose multiple dilemmas, given that rurality exposes principals to multiple challenges. Using a case study within an interpretive paradigm, we interviewed and observed five principals from rural schools in the Limpopo province. The study found that principals’ leadership focuses dominantly on administrative tasks. It further identified social and institutional complexities that principals encounter and argues that these complexities compel to treat rural schools as systems. While we hail this view of schools, it emerged that some units of the system appear to be thwarting the progress of principals in leading rural schools. We conclude that, at times, principals’ leadership in the context of rurality can be defined as a leadership that shuns policies and issues of social justice for the purpose of finding what works in their contexts.
36
Vinti, Clive. "A SPRING WITHOUT WATER: THE CONUNDRUM OF ANTI-DUMPING DUTIES IN SOUTH AFRICAN LAW." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 19 (September 22, 2016): 1. http://dx.doi.org/10.17159/1727-3781/2016/v19i0a723.
Full textAbstract:
The Agreement on the Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 (Anti-Dumping Agreement), permits the imposition of anti-dumping duties for as long and to the extent necessary to counteract dumping which is causing injury subject to the proviso that they must be terminated after five years unless a sunset review has been initiated. Sunset review has the purpose of either permitting or terminating the continuation of an anti-dumping duty. This is significant because if the sunset review is not initiated prior to the expiry of the five year period, the anti-dumping duties will be terminated.Therefore, this places a greater emphasis on the determination of the precise date of commencement of the anti-dumping duties. This is because an incorrect determination of the date of imposition of the anti-dumping duty has obvious financial implications for the interested parties. To this end, the Supreme Court of Appeal in South Africa has delivered two salient judgments in this regard: firstly, in Progress Office Machines CC v SARS, and then more recently, in Association of Meat Importers v ITAC. These two cases hinge on the interpretation of the date of 'imposition' of definitive anti-dumping duties particularly where provisional measures are involved, which invariably determines the date of expiry of the duties as espoused by Regulations 38 and 53 of the International Trade Administration Commission Anti-Dumping Regulations.This paper contends that these two judgments are conflicting and riddled with inconsistencies. Secondly, the paper contends that the SCA has in the recent AMIE case, virtually rewritten its earlier judgment of Progress Office Machines. Lastly, the paper shows that the approach of South African courts on whether the Anti-Dumping Agreement is binding on South African law, is fraught with uncertainty and an ambivalence .The case analysis also reflects on the impact of the newly minted but yet to be implemented, Customs Duty Act, with a view to assess the impact of the new legislation on the issues currently plaguing the anti-dumping regime of South Africa.
37
Quinot, Geo. "Claudia Lange, Unreasonableness as a Ground of Judicial Review in South Africa – Constitutional Challenges for South Africa's Administrative Law - [Claudia Lange, Unreasonableness as a Ground of Judicial Review in South Africa – Constitutional Challenges for South Africa's Administrative Law (Recht und Verfassung in Südafrika Vol. 16; Nomos, Baden-Baden 2002; 120 pages, ISBN 3-7890-7832-8, 24 EUR)]." German Law Journal 4, no. 11 (November 1, 2003): 1207–12. http://dx.doi.org/10.1017/s2071832200012050.
Full text
38
Sanders, A. J. G. M. "Law Reporting in Swaziland." Journal of African Law 29, no. 1 (1985): 94–101. http://dx.doi.org/10.1017/s0021855300005659.
Full textAbstract:
The doctrine of judicial precedent forms an integral part of the general law of Swaziland. This doctrine would be unworkable without the publication of law reports. The following is an account of the Swaziland law-reporting process.The Kingdom of Swaziland, which regained its independence on 6 September, 1968, has retained the dual structure of laws and courts which it inherited from the British administration. In terms of this structure the traditional Swazi law and Swazi courts operate under the umbrella of the general law and the ultimate control of the general law courts.The country's general law is based on the Roman–Dutch law. When the British found that Civilian system of law to be well-established on their arrival in Southern Africa, they decided to respect it. However, many elements of English law were introduced. The doctrine of judicial precedent was one of them.Even though Swaziland shares with South Africa (including its “independent homelands”), Botswana, Lesotho, Namibia and Zimbabwe a mixed general legal system which resulted from the interaction between the Roman–Dutch Civilian law and the English Common law, its general law operates independently.
39
Dlamini, C. R. M. "The Influence of Race on the Administration of Justice in South Africa." South African Journal on Human Rights 4, no. 1 (January 1988): 37–54. http://dx.doi.org/10.1080/02587203.1988.11827734.
Full text
40
Arts, Karin. "The Legal Status and Functioning of the United Nations Council for Namibia." Leiden Journal of International Law 2, no. 2 (November 1989): 194–208. http://dx.doi.org/10.1017/s0922156500001266.
Full textAbstract:
In 1966 the General Assembly of the United Nations revoked the Mandate over South West Africa (Namibia) and thus terminated South Africa's right to administer the territory. It furthermore placed Namibia under the direct responsibility of the United Nations. Administration of the territory was delegated by the General Assembly to a subsidiary organ, the UnitedNations Council for Namibia (UNCN). The author briefly describes the establishment, the structure, the functions and the powers of the Council. Special attention will be paid to questions concerning the legal status of the UNCN. Finally the major activities of the Council will be reviewed and appraised
41
Christopher, A. J. "Regional Patterns in South Africa's Postapartheid Election in 1994." Environment and Planning C: Government and Policy 14, no. 1 (March 1996): 55–69. http://dx.doi.org/10.1068/c140055.
Full textAbstract:
The first universal-franchise elections in South Africa, for the National Assembly and nine provincial councils, were conducted under a system of proportional representation in April 1994. The African National Congress won a substantial victory but failed to secure control of two key provinces: the Western Cape and KwaZulu—Natal. Ethnic voting patterns among the spatially concentrated Coloured and Zulu populations were at variance with the otherwise national-liberationary nature of the election. The South African experience of the significance of ethnic voting parallels that discerned in other emergent democracies, contributing to the widening field of electoral geography.
42
Pouris, Anastassios. "Transport research in South Africa: a quantitative assessment." Science and Public Policy 32, no. 3 (June 1, 2005): 211–18. http://dx.doi.org/10.3152/147154305781779498.
Full text
43
Nombulelo Queen Mabeka and Rushiella Songca. "An Overview of Statutes Relating to Civil Procedure in South Africa in Light of the Changes in Technology." Obiter 41, no. 4 (March 24, 2021): 685–703. http://dx.doi.org/10.17159/obiter.v41i4.10476.
Full textAbstract:
E-technology has fast become an acceptable and convenient method of communication and a prerequisite of business transactions globally. South Africa is no exception to the trend. While technological progress has facilitated rapid change in the way humans communicate and transact, South African law has not kept abreast of the swift transformation and growth in this sector. This lacuna is especially evident in the South African law of civil procedure, which regulates the civil process in South African courts. Although subject to regular amendment, it appears prima facie not to embrace advances in e-technology and their effect – or potential effect – on the legal process.Moreover, the existing corpus of legislation governing civil process appears to have disregarded the provisions of the Electronic Communications and Transactions Act (ECTA) to the extent that it already provides mechanisms for the use of e-technology. In South Africa, the law of civil procedure is regulated by statutes such as the Rules Board for Courts of Law Act, the Superior Courts Act, the Magistrates’ Courts Act, the Sheriffs Act, the National Credit Act, the Small Claims Court Act, and the Divorce Act, which inter alia regulate court process and ensure the fair administration of justice. The submission made here explores this indicated gap within selected legislation pertinent to civil procedure and postulates the effect of e-technology in the context of the abovementioned legislation.As an example, section 35 of the Superior Courts Act indicates that parties and witnesses must make a physical appearance in the court of issue. This provision, however, does not expressly allow for the use of video conferencing, which would enable witnesses to give evidence via e-technology, and thus allow parties to investigate and re-examine witnesses situated in any geographical location outside of court. Further, section 74Q of the Magistrates’ Courts Act makes it mandatory for garnishee orders to be served personally or by registered mail. This provision is not in line with developments in e-technology. Email, Facebook, or other digital means of service could facilitate the service of garnishee orders issued by magistrates’ courts more effectively and remove delays posed by slow postal delivery, and also inhibit the prohibitive cost of personal service. With this contribution, select statutory provisions are compared to ECTA provisions and specific e-technology laws so as to determine the extent of the gap in the implementation of e-technology within the sphere of civil process. The authors then provide insights into how the current civil law statutes could be amended in line with selected e-technology legislation discussed here.
44
Hornberger, Julia. "From General to Commissioner to General—On the Popular State of Policing in South Africa." Law & Social Inquiry 38, no. 03 (2013): 598–614. http://dx.doi.org/10.1111/lsi.12023.
Full textAbstract:
Less than two decades after the end of apartheid, South Africa is witnessing a range of policy interventions that almost iconoclastically challenge the premises of democratic governance. Police military ranks have been reintroduced and an exemplary postapartheid law governing the use of lethal force has also been amended in favor of police discretion. Simultaneously, however, community policing, a benchmark for democratic policing, is being rolled out on unprecedented scale. This article argues that the seemingly contradictory mobilization of militarized policing and popular civilian institutional forms has a definite logic and captures the postcolonial condition of policing in South Africa: a populist-oriented ANC administration has allowed practices of popular policing underwritten by a desire for a forceful state to capture the law that had previously restrained this kind of policing. The result is a violent but intimate relationship between police and people, a situation in which the law is estranged from itself and normalized into the informal realm of private policing.
45
von Holdt, Karl, and Prishani Naidoo. "Mapping movement landscapes in South Africa." Globalizations 16, no. 2 (June 22, 2018): 170–85. http://dx.doi.org/10.1080/14747731.2018.1479019.
Full text
46
Hall, Ruth, and Ben Cousins. "Exporting contradictions: the expansion of South African agrarian capital within Africa." Globalizations 15, no. 1 (December 5, 2017): 12–31. http://dx.doi.org/10.1080/14747731.2017.1408335.
Full text
47
Mafukata, Mavhungu Abel. "Evolution of Corruption in Sub-Saharan Africa - from Nkruma To Mutharika The 2nd: Case Study Of South Africa." International Journal of Finance & Banking Studies (2147-4486) 4, no. 1 (January 20, 2016): 37. http://dx.doi.org/10.20525/.v4i1.203.
Full textAbstract:
<div><p><em>Since Sub-Saharan Africa's first independence in Ghana, the region has experienced massive and costly political and bureaucratic corruption within public service and administration. The causes of the corruption, its nature and form are wide and intertwined. In Sub-Saharan Africa, efforts to curb corruption have failed to discard it. The paper focused on the period from Nkruma in Ghana to Mutharika the 2nd in Malawi. This paper reviewed existing literature on political and bureaucratic corruption in Sub-Saharan Africa while on the other hand the paper employed key informant interviews to gather the required data to investigate, analyse and profile the genesis and evolution of corruption in Sub-Saharan Africa. The key informant interviews were employed to solicit public views and opinion from nineteen key informant participants (n=19) selected from 11 countries in Sub-Saharan Africa. The paper found that corruption is legendary; has entrenched itself to becoming some sort of culture in the region, and has become the most difficult socio-economic challenge to resolve in the region despite the various anti-corruption efforts employed by stakeholders to curb it. It emerged through the study that law-enforcement efforts against corruption need some reinforcement in order to be effective and eficient in uprooting corruption in the region. If Sub-Saharan Africa fails to address its corruption challenge, its development prospects would seriously curtailed.</em><em></em></p></div>
48
Mothibi, Lerato, and Precious Mncayi. "The nexus between government revenue and macroeconomic objectives in a developing country: A case of South Africa." 11th GLOBAL CONFERENCE ON BUSINESS AND SOCIAL SCIENCES 11, no. 1 (December 9, 2020): 92. http://dx.doi.org/10.35609/gcbssproceeding.2020.11(92).
Full textAbstract:
The state of the economy, public confidence, fiscal policy choices as well as administrative efficiency all play an important role in revenue outcomes. Over the last decade, the South African economy has endured prevailing challenges of a weak economic growth, growing public sector wage bill that has exacerbated spending, widening budget deficit, and excessively growing public debt levels among others. Amidst these challenges, the country's revenue collection has continued to perform below expectations, fuelling increased vulnerability. The significance of acquiring and generating more revenue has become evident, especially during the ongoing Coronavirus pandemic and worsening socio-economic indicators which are all but painting gloomy economic prospects. Having an understanding of the nexus between the revenue and macroeconomic objectives of the government is crucial for the formulation of sustainable fiscal policy as well as the realisation of long-term growth and development. The primary objective of this study is therefore to analyse the relationship between government revenue and macroeconomic objectives in the South Africa. The study followed a quantitative research approach using quarterly time series data from 1995Q1 to 2020Q2. The analysis entailed descriptive and econometric analysis. Specifically, an Autoregressive Distributed Lag (ARDL) model was employed to determine the long and short run effects of government revenue and macroeconomic objectives in South Africa. The choice of this estimation model was driven by the consistency in the results it produces while at the same time, allowing the use of data regardless of its stationarity (I(0), I(1) or a combination). In addition, the Toda Yamamoto Non-Granger causality test was employed to determine causality between the selected variables. Keywords: government revenue; non-tax government revenue; macroeconomic objectives; government spending; South Africa
49
Hickmann, Thomas, and Fee Stehle. "The Embeddedness of Urban Climate Politics in Multilevel Governance: A Case Study of South Africa’s Major Cities." Journal of Environment & Development 28, no. 1 (December 26, 2018): 54–77. http://dx.doi.org/10.1177/1070496518819121.
Full textAbstract:
Numerous scholars have lately highlighted the importance of cities in the global response to climate change. However, we still have little systematic knowledge on the evolution of urban climate politics in the Global South. In particular, we lack empirical studies that examine how local climate actions arise in political-administrative systems of developing and emerging economies. Therefore, this article adopts a multilevel governance perspective to explore the climate mitigation responses of three major cities in South Africa by looking at their vertical and horizontal integration in the wider governance framework. In the absence of a coherent national climate policy, Johannesburg, Cape Town, and Durban have developed distinct climate actions within their jurisdictions. In their effort to address climate change, transnational city networks have provided considerable technical support to these cities. Yet, substantial domestic political-economic obstacles hinder the three cities to develop a more ambitious stance on climate change.
50
Tewari, Devi Datt, and Saidou Baba Oumar. "Is the water permit system a panacea or a bed of inefficiency? The case of South Africa." Water Policy 15, no. 4 (April 16, 2013): 570–84. http://dx.doi.org/10.2166/wp.2013.021.
Full textAbstract:
Although South Africa has adopted a very modern permit/license system to control access to water as a resource, the attainment of the lofty objectives (efficiency, equity and sustainability) of the National Water Act of 1998 depends on two critical factors: (1) the institutional efficiency of the water management system; and (2) the development of water markets and their efficient functioning. This study lists a number of concerns that the Act is not geared to resolve efficiently or in a timely manner. These concerns include the high administrative costs of implementation, poor incentives for long-term investments, bureaucratic inefficiency, practical problems in water pricing and adaptability to climate change threat. There is a need to re-think the ways and means with which to make water distribution more efficient in the country. One possible solution would be to develop water markets in the country.