Academic literature on the topic 'Civil procedure – South Africa'
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Journal articles on the topic "Civil procedure – South Africa"
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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.
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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.
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De Wet, Erika. "The Case of Government of the Republic of Zimbabwe v Louis Karel Fick: A First Step towards developing a Doctrine on the Status of International Judgments within the Domestic Legal Order." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 17, no. 1 (April 21, 2017): 565. http://dx.doi.org/10.17159/1727-3781/2014/v17i1a2258.
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The Fick case which was decided by the Constitutional Court on 27 June 2013 was the first time since its inception that the Constitutional Court was confronted with the status of a binding international decision within the domestic legal order. It concerned a binding decision by the (now suspended) Southern African Development Community (SADC) Tribunal against Zimbabwe, which was also enforceable in South Africa. A key issue before the Court was whether or not the South African statutory rules of civil procedure for the enforcement of foreign judgments also covered judgments of international courts and tribunals (as anticipated by Article 32(1) of the Protocol on the SADC Tribunal). As none of the relevant statutory legislation was applicable in this instance, the common law remained the only possible avenue through which the SADC Tribunal’s decision could be enforced in South Africa. At the time of the decision, the common law on the enforcement of civil judgments had developed only to a point where it provided for the execution of judgments made by domestic courts of a foreign state (ie decisions of other national courts). The Court was therefore confronted with whether or not an international decision in the form of a cost order of the SADC Tribunal amounted to a “foreign judgment” as recognized by the South African common law. The Court answered this question in the affirmative by relying on those clauses in the Constitution that committed South Africa to the rule of law, as well as its obligations under international law, and to an international-law friendly interpretation of domestic law. Although the decision is to be welcomed and applied the law correctly to the facts of the case, it does raise the issue of the wisdom of equating international judgments with foreign judgments on a more general scale. This relates to the fact that it is generally accepted in most jurisdictions that the recognition and enforcement of a “foreign judgment” can be denied where it would result in a violation of domestic public policy. The public policy exception does not, however, fit well in a regime based on public international law, which does not permit States to use their domestic law as an excuse for not implementing their international obligations.
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Queen Mabeka, Nombulelo. "The Application of Section 8 of Cybercrimes Act 19 of 2020 in Civil Procedure in South Africa is a Hailing Snow: A Comparative Studies between South Africa and United Kingdom." International Journal of Law and Public Administration 5, no. 2 (December 7, 2022): 13. http://dx.doi.org/10.11114/ijlpa.v5i2.5814.
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In South Africa the legislature passed a statute that regulates cyber fraud that is called Cybercrimes Act 19 of 2020 in an attempt to combat cybercrimes, which include cyber fraud. The commission of cyber fraud in Civil Procedure constitutes a cause of action that enables the victim to claim for damages. It is not clear in terms of Cybercrimes Act whether the victim may institute proceedings whilst the matter is pending before the court in criminal proceedings or after the perpetrator is convicted. This raises a question on the application of the two common law principles that the defendant may raise as a special plea. Thus, res judicata and lis pendens may be raised as a special plea to prevent the victim of cyber fraud from receiving compensation for damages suffered. This prejudices the victims because some of the consequences that result from cyber fraud are dire to the victim. For example, the victim may loose money, property and may psychologically be affected as a result of cyber fraud. This article follows a qualitative research methodology that is based on an analysis in jurisprudence. Thus, the article looks at section 8 of the Cybercrimes Act, judicial precedent, as well as scholarly views shared by various authors to determine the gap. The author provides a solution, as well as recommendations that will ensure that the victims have a recourse in Civil Procedure. Moreover, there is evidence that proves that cyber fraud does exist in jurisdictions such as the United Kingdom. The article examines the legal position of cyber fraud in the United Kingdom and does a comparative studies between South Africa and the United Kingdom.
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Mcnerney, Michael T., B. J. Landsberger, Tracy Turen, and Albert Pandelides. "Comparative Field Measurements of Tire Pavement Noise of Selected Texas Pavements." Transportation Research Record: Journal of the Transportation Research Board 1626, no. 1 (January 1998): 78–84. http://dx.doi.org/10.3141/1626-10.
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The effects of traffic noise are a serious concern in the United States and in the rest of the world. One significant component of traffic noise is tire-pavement interaction. If tire-pavement noise can be reduced at the source instead of through the use of traffic noise barriers set up to protect individual receivers, then potential savings can accrue. This research effort conducted field testing on 15 different pavement types found in Texas, and on six pavement types found in South Africa. A test procedure was developed with roadside microphones and microphones mounted on a test trailer to record and analyze the differences in tire-pavement noise. The test procedure was designed to develop comparisons of pavements while other variables were kept constant. The results, measured on the standard A-weighted scale, indicated for the 15 test pavements in Texas a difference of roadside noise levels of up to 7 dBA. Additionally, a roadside noise level of one pavement measured in South Africa was more than 2 dBA quieter than any Texas pavement.
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Osman-Hyder, M. "Termination of Muslim marriages in the South African legal context: Understanding the challenges." Stellenbosch Law Review 33, no. 2 (2022): 91–109. http://dx.doi.org/10.47348/slr/2022/i2a5.
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Muslim marriages are not recognised in South Africa and therefore divorces are not regulated by the courts. There are multiple methods of terminating a Muslim marriage; this is not the position with civil marriages in South Africa which are terminated through the divorce proceedings set out in the Divorce Act 70 of 1979. Due to the non-regulation of Muslim marriages, many abuses occur when parties terminate their marriages. With regard to the implementation of Sharī`ah in South Africa, much has been written about the recognition of Muslim Personal Law (MPL). There is a need for research which goes beyond identifying individual challenges and which aims to achieve a more holistic analysis, exploring the root causes of the abuses that could arises in the event that a Muslim marriage is terminated. The purpose of this enquiry therefore is to examine these possible systemic causes and to suggest proposed solutions. This contribution commences with a review of the laws, procedures and institutions regulating the termination of Muslim marriages in South Africa. Challenges with regard to such terminations are then explored and analysed. In conclusion, some remarks are made in respect of addressing the challenges holistically.
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Akinloye, Idowu A. "Legal Disputes Involving Clergy Discipline: Perspectives from Nigeria and South Africa." Ecclesiastical Law Journal 22, no. 2 (May 2020): 194–233. http://dx.doi.org/10.1017/s0956618x20000058.
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To preserve the integrity and purity of the church, the policies of churches commonly provide for the enforcement of discipline whenever a cleric errs. The concern is that despite these provisions in the governing documents of churches, disputes challenging churches’ disciplinary exercise over their clergy are increasingly finding their way into the civil courts for adjudication. These disputes have implications for the reputation, governance and flourishing of a church. Against this backdrop, this article analyses a number of case studies to examine some legal issues arising from the churches’ exercise of disciplinary powers over their clergy within the Nigerian and South African contexts. From the analysis of the cases, a wide variety of legal issues associated with implementing church disciplinary procedures are identified to offer some lessons that may enhance the quality of legal risk management for churches.
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Edlmann, Frederick Robert Peter, and Sara Grobbelaar. "A Framework of Engagement Practices for Stakeholders Collaborating around Complex Social Challenges." Sustainability 13, no. 19 (September 29, 2021): 10828. http://dx.doi.org/10.3390/su131910828.
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South Africa’s interventions to address complex social challenges rely on coordination across several sectors and between different levels of government and society. Improved alignment, planning and coordination are needed when addressing the causal factors of these social challenges. These causal factors include the environments in which people live and their behaviours. Furthermore, emphasis is placed on the recurring engagement of civil society, especially of marginalized stakeholders, as participants in the efforts to address the challenges. The study draws from the promise shown by stakeholder networks, termed Innovation Platforms, in other Sub-Saharan Africa countries to address such complex social challenges. The study aimed to improve the understanding of how a stakeholder network’s engagement practices impact the effectiveness of the network. To this end, a conceptual framework and management tool for stakeholder engagement in IPs is proposed. The study followed the conceptual framework analysis procedure to develop, evaluate and refine the conceptual framework. The article describes the core research outcomes of the framework development approach, starting with a systematized literature review to identify core concepts, followed by interviews with experts and a case study to refine the framework content. The case study applied the framework to develop recommendations for improved engagement in a stakeholder network which has been established around the challenge of vagrancy in Stellenbosch, South Africa. The result of the approach is a multidimensional framework for conceptualizing stakeholder engagement practices in a variety of contexts. The focus of the framework content remains on the practices of engagement which enable effective and fruitful stakeholder interactions within and around a network. The study delivered valuable insights into the nature of some development initiatives in South Africa and the impact of stakeholder engagement on them.
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Schenker, Inon. "Cutting-Edge Success in Preventing Heterosexual HIV Transmission in Africa: Voluntary Medical Male Circumcision Has Reached 15 Million Men." AIDS Education and Prevention 30, no. 3 (June 2018): 232–42. http://dx.doi.org/10.1521/aeap.2018.30.3.232.
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Male circumcision is a minor surgery performed for religious and medical reasons. Three randomized clinical trials demonstrated it could reduce heterosexual HIV transmission from infected females to males by over 60%, paving the way in 2006 for multinational efforts to circumcise 27 million men in sub-Saharan Africa by 2021. It is estimated that by 2030 male circumcision will avert at least 500,000 HIV infections in Africa, saving lives and budgets. Voluntary medical male circumcision (VMMC) of adults and adolescents has challenged policy makers, implementers, funders, and civil society in bringing surgery to the frontline of HIV prevention. Five key challenges are discussed: policy, clinical, demand, supply, and scaling up. A unique Israel-Senegal-South Africa collaboration, which enhanced high-volume (100 VMMCs per day) and high-quality (less than 2% minor adverse events) procedures, is described, highlighting VMMC as one of the most impressive public health collaborative interventions in HIV/AIDS prevention globally.
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Venter, Francois. "Judicial Defence of Constitutionalism in the Assessment of South Africa's International Obligations." Potchefstroom Electronic Law Journal 22 (October 23, 2019): 1–23. http://dx.doi.org/10.17159/1727-3781/2019/v22i0a6253.
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The (sometimes fragile) balance between South Africa's constitutional obligations to protect and promote human rights in the international arena and the realities of political practice is the focus of this paper. The Constitution provides for solid dualist mechanisms and procedures for parliamentary oversight of the executive's conduct in the governance of international relations, including the conclusion of treaties. There is, however, a congenital constitutional flaw in the oversight instrumentation of the Constitution: the president is endowed with practically unfettered control over cabinet, and through the cabinet and the parliamentary caucus, he has indirect but firm control over parliament. Consequently, parliamentary oversight of international relations is severely challenged, effectively leaving it to the minority parties, civil society and the courts.
This paper assesses the effectiveness of the protection of international human rights in South Africa by constitutional means. It begins by setting out the constitutional foundations that were designed to provide the desired protection and the place of international law in the South African legal order. This is followed by a description of the impact of political reality on the implementation of the constitutional oversight mechanisms.
Due to the justiciability of government conduct under the Constitution, parliamentary oversight of executive conduct in the international sphere has largely taken the form of judicial review. In this, the courts have performed very well. This emerges from a concise overview of some key cases in which the courts developed sound principles and delivered strong judgments about the government's failures to maintain the required constitutional standards in its international relations. The cases show a sensitivity on the part of the courts to avoid judicial overreach, while taking up the responsibility to uphold constitutionalism.
While the courts' stabilising interventions must be applauded, the executive tendency to flout its constitutional responsibilities remains a cause for concern.
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Bekker, Thino. "Summary judgment — Quo vadis?" South African Law Journal 138, no. 1 (2021): 88–114. http://dx.doi.org/10.47348/salj/v138/i1a5.
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The summary judgment procedure in South African law provides for a speedy judgment in favour of a deserving plaintiff where it can be shown that the defendant does not have a triable defence. In 2019 the Rules Board made certain drastic amendments to the procedure of summary judgment in the high court. In this article the historical development of the procedure of summary judgment will be discussed, and the new amendments to rule 32 of the Uniform Rules of Court critically evaluated. It will be argued that the amendments to rule 32 were unnecessary and that it may diminish the right to access to justice in civil disputes. It will, however, also be argued that there are some merits in the critique raised by the Rules Board in relation to rule 32 and that the Rules Board missed a golden opportunity to overhaul the entire summary judgment procedure in a more sensible manner and in line with the core constitutional values of s 34 of the Constitution. It will be argued that rule 32 should be replaced in its entirety by a new, more streamlined procedure, and some recommendations for legal reform will be made in this regard.
Dissertations / Theses on the topic "Civil procedure – South Africa"
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Barwell, Lauriston. "Integrity assessment procedure for buffer dune systems on the Cape South Coast, South Africa." Thesis, Stellenbosch : University of Stellenbosch, 2011. http://hdl.handle.net/10019.1/6524.
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Thesis (MScEng (Civil Engineering))--University of Stellenbosch, 2011.ENGLISH ABSTRACT: The hypothesis postulated in this research, namely that the effectiveness of natural and constructed buffer dune systems can be assessed by a set of indicators that defines the integrity of the dune system and triggers informed management decisions, was evaluated and proved to be essentially true. Two key objectives, namely (1) the identification of key indicators that define the buffer dune integrity; and (2) the development of a scientifically defendable and practical checklist-based method of gathering qualitative information on the identified key indicators so as to guide decision-making at municipal level formed the core of the study. The six dune integrity indicators that collectively define the risk profile of a particular site along the Southern Cape coastline are (1) the degree of protection from prevailing wave energy, (2) the characteristics of the dominant winds and sand supply during the dry season, (3) the relative height of the foredune, (4) the degree of pressure on the buffer dune due to humans, (5) the vulnerability of the type of coastline to erosion, and (6) the coastline stability considering the prevailing coastal processes. The first two indicators relate to the natural (permanent) characteristics of the site and can be defined by experts and presented in the form of a risk and vulnerability atlas layer for direct use by non-experts. The third and fourth indicators relate directly to the implementation of proactive assessment and appropriate management actions to ensure a high level of buffer dune integrity. The last two indicators allow for management intervention to reduce the vulnerability but may entail costly engineering solutions and require expert input. A conceptual risk profile assessment procedure and a decision support guideline incorporating these indicators were developed and evaluated for relevance and practicality through a series of workshops with municipal officials along the south coast of South Africa. It was seen that although some initial basic training may be required, carrying out rapid assessments of the environmental status of key components of an identified human–nature system, such as a buffer dune, is practical and achievable by non-experts.
AFRIKAANSE OPSOMMING: Die hipotese wat in hierdie navorsing gepostuleer is, naamlik dat die doeltreffendheid van natuurlike en geboude bufferduinstelsels geassesseer kan word deur ’n stel aanwysers wat die integriteit van die duinstelsel bepaal en ingeligte bestuursbesluite tot gevolg het, is getoets en bewys hoofsaaklik waar te wees. Twee sleuteldoelwitte, naamlik (1) die identifisering van sleutelaanwysers wat die bufferduinintegriteit bepaal; en (2) die ontwikkeling van ’n praktiese kontrolelys-gebaseerde metode wat wetenskaplik verdedigbaar is om kwalitatiewe inligting oor die geïdentifiseerde sleutelaanwysers in te samel ten einde besluitneming op munisipale vlak te bevorder, vorm die kern van die studie. Die ses duin-integriteitsaanwysers wat gesamentlik die risikoprofiel van ’n bepaalde terrein langs die kuslyn bepaal, is (1) die graad van beskerming teen die heersende golfenergie, (2) die kenmerke van die dominante winde en sandbron gedurende die droë seisoen, (3) die relatiewe hoogte van die voorduin, (4) die graad van druk op die bufferduin as gevolg van mense, (5) die eroderingskwesbaarheid van die soort kuslyn, en (6) die kuslynstabiliteit met inagname van die kusprosesse. Die eerste twee aanwysers het betrekking op die natuurlike (permanente) eienskappe van die terrein en kan deur kundiges bepaal word en in die vorm van ’n kaart in ’n risiko-enkwesbaarheidsatlas aangebied word vir direkte gebruik deur niedeskundiges. Aanwysers 3 en 4 hou direk verband met die implementering van tydige en deurlopende proaktiewe assessering en gepaste bestuursaksies om ’n hoë vlak van bufferduinintegriteit te verseker. Aanwysers 5 en 6 bevorder bestuursaksies om kwesbaarheid te verminder, maar kan moontlik duur ingenieursoplossings inhou en kundige insette benodig. ’n Konseptuele risikoprofielassesseringsprosedure en ’n besluitondersteuningsriglyn wat die aanwysers insluit, is ontwikkel en geëvalueer vir toepaslikheid en uitvoerbaarheid deur ’n reeks werkswinkels met munisipale amptenare aan die suidkus van Suid-Afrika. Hoewel aanvanklike basiese opleiding nodig kan wees, bly dit dat vinnige assessering van die omgewingstatus van sleutelkomponente van ’n geïdentifiseerde mens–natuurstelsel, soos ‘n bufferduin, prakties en haalbaar deur niedeskundiges is.
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Holness, David Roy. "Coordinating legal aid services in civil matters for indigent people in eThekwini: a model for improved access to justice." Thesis, Nelson Mandela Metropolitan University, 2014. http://hdl.handle.net/10948/10981.
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The South African law and legal system can and should be a mechanism through which the lives of all resident there are enhanced through the safeguarding and advancement of the fundamental rights guaranteed in its Bill of Rights. This thesis focuses on ‘legal aid’ service delivery (broadly speaking) for the indigent in a particular locality by and through registered law clinics, other legal services providers and via other means in civil rather than criminal matters. In this regard there continue to be very substantial differences between the proper access to civil justice requirements of constitutional South Africa and the actual situation which has existed since the dawn of South Africa’s democratic era which continues unabated. Justice and equality are promised to all in South Africa, yet due to gaps in the ‘net’ of free legal services provided to the indigent, the ability to pay for legal services in civil cases often remains the deciding factor. This study examines the constitutional obligations which, it is argued, apply to the provision of free civil legal services to impoverished people in South Africa. This research considers the law as a vector for necessary positive transformation in the daily lives of those resident in South Africa, which is considered within the country’s woefully unequal socio-economic situation. It builds upon existing research and court authority which show the function of access to justice as an important promoter of the type of society envisaged by the South African Constitution - one where the enjoyment of justice and equality are within the reach of all. However, at present, if one can afford the expensive services of lawyers in civil matters, then access to justice is far more readily attainable. But the opposite is true where someone is denied meaningful access to justice through a lack of legal representation because they cannot afford prohibitively high lawyers’ costs (and disbursements) and no adequate alternatives are provided for by the state or through other means. In these circumstances a vulnerable, unrepresented litigant in a civil case faces a greatly increased likelihood of being denied proper access to a daunting and intricate legal system. There are two main reasons for concentrating on free legal services to the ‘needy’ in civil rather than criminal matters. In the first place, all available statistics show that a huge proportion of legal aid services in South Africa has been and continues to be dispensed in criminal rather than civil cases. Secondly, there has been minimal research or case authority in South Africa on legal aid and other free legal services for impoverished people in civil matters. This thesis examines the state of free civil legal service provision and the need for such assistance within the eThekwini Metropolitan Municipality, one of South Africa’s largest metropoles. This analysis includes an empirical study of the requests for free civil legal services in a particular year by qualifying potential clients in eThekwini and the degree to which free legal service providers are meeting or failing to meet those needs. The study considers the legal service provision in such matters by legal non-governmental organisations, state-supported legal service providers and the work of legal professionals in private practice acting pro bono. The thesis then proposes a model for eThekwini for coordinating (and concurrently improving) civil legal aid services, pro bono legal work and other forms of free legal assistance - like community service by senior law students and law graduates - in response to the particular needs and circumstances facing the indigent there. When referring to the concept of ‘legal aid services’, this research concentrates on legal advice, assistance and representation to indigent clients. However, the promotion of legal rights awareness to such clients is often necessary to open their eyes to the possibility of legal avenues, where appropriate, to improve their situations. Therefore this study also considers - albeit to a lesser degree - this more indirect form of legal assistance through the dissemination of legal knowledge in an accessible form to clients who would qualify for legal aid assistance. The work concludes by briefly postulating the likely appropriateness (and/or limitations) of the aforementioned ‘free civil legal service model for the indigent’ beyond eThekwini.
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Maclons, Whitney. "Mandatory court based mediation as an alternative dispute resolution process in the South African civil justice system." University of the Western Cape, 2014. http://hdl.handle.net/11394/4407.
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Magister Legum - LLMCivil litigation is the primary method of dispute resolution in the South African civil justice system. This process is characterised by a number of shortcomings which include the adversarial nature of the process which often creates further conflict between disputing parties and often results in permanently destroyed relationships between them. Further shortcomings include the highly complex, costly and time-consuming nature of civil litigation. These shortcomings infringe on the constitutional imperative of access to justice for South Africans, particularly for the indigent members of society. In addition, court rolls have become overburdened due to the rapidly increasing volume of litigation at court. This often results in extensive waiting periods before matters are heard at court and further infringes the attainment of access to justice. While progress has been made in enhancing the civil justice system over the years, the aforementioned shortcomings prevail. In recent years the South African government has introduced the concept of mandatory court based mediation to the civil justice system with the view of promoting access to justice and enhancing the civil justice system. In a nutshell, mandatory court based mediation refers a civil dispute to mediation once an appearance to defend is entered at court, in order to attempt the settlement of the matter. In the event of the dispute not being resolved, the matter is then referred back to the conventional litigation process for resolution. Mandatory court based mediation, while controversial and bearing valid criticism; aims to promote access to justice and reconciliation between aggrieved parties and remedies a number of the shortcomings currently plaguing the South African civil justice system. In answering the research question of whether this ADR process is suitable to implement in South Africa in order to remedy the shortcomings of its civil justice system, the following aspects are considered in this thesis: the benefits, advantages, and the constitutionality of mandatory court based mediation, as well as the criticisms and challenges of the process. South Africa may have an adversarial civil justice system, but is no stranger to the practice of mediation. Within South African civil law a number of fields have mentioned mediation as the preferred method of dispute resolution over years. These areas of law will be highlighted in this thesis. Internationally, the jurisdiction of the Australian states of New South Wales and Victoria will also be highlighted. This analysis is done in order to assess the implementation and function of a mediation system, as a preferred method of dispute resolution, across all areas of civil law within an adversarial civil justice system. The current civil justice system in South Africa needs to be remedied due to its negative impact on civil disputants and the nation of South Africa in a broader sense. This thesis does not suggest that mandatory court based mediation is a panacea for all ills plaguing the country’s civil justice system. However, this ADR process may suit South Africa and its implementation may make a considerable remedial contribution and possibly significantly enhance its civil justice system.
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Gathongo, Johana Kambo. "The substantive and procedural limitations on the constitutional right to strike." Thesis, Nelson Mandela Metropolitan University, 2015. http://hdl.handle.net/10948/d1021205.
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This treatise discusses the increasing of the procedural and substantive limitations on the employees’ right to strike. The Constitution permits the right to strike to be limited in terms of the laws of general application. The Labour Relations Act (LRA) is a good example. Such limitation must be reasonable and justifiable in an open and democratic society, based on human dignity, equality and freedom. The study sought to investigate whether further increasing the existing limitations on the right to strike unduly breaches employees’ Constitutional right to strike and the purpose of the LRA. Further, the study sought to find out whether the additional content requirements in the strike notice amount to importing into the LRA additional limitations on the fundamental right to strike that enjoys no textual support. Through an extensive literature review, the findings arguably show that indeed further increasing the limitations on the employees’ right to strike may unduly infringe their right to strike. Moreover, the increase of the content requirements in a strike notice creates an unnecessary hurdle to employees wishing to strike. One of the most important finding made is that instead further increasing the limitations on the right to strike, going back to the basics of negotiation to alleviate strikes, particularly wage-related strikes is vital. To achieve this, it is important for employers to re-establish social and individual relationships with their employees, whereby they become aware of the issues that employees face on a daily basis. Also, establishing proper workplace dialogue and forums would assist employers in becoming aware of employees concerns. This would thereby prevent strikes, as problems can be dealt with beforehand. The findings above informed in the recommendations at the end of the study.
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Kasika, Richard. "The defence of inherent requirements of the job in unfair discrimination cases." Thesis, Nelson Mandela Metropolitan University, 2006. http://hdl.handle.net/10948/450.
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The discrimination jurisprudence in South Africa has developed over the previous decade since the promulgation of the interim and final Constitutions. The Employment Equity Act of 1998 also gave impetus to the development of equality jurisprudence with reference to the workplace. In terms of both the Constitution and the Employment Equity Act, unfair discrimination is forbidden. Both the Constitution and Employment Equity Act list specific grounds on which discrimination would be regarded as unfair. Although discrimination on any of the listed grounds would be regarded as automatically unfair, there is realisation that this cannot be an absolute position. The Employment Equity Act makes provision that employers be able to justify discrimination even on the listed grounds where there are justifiable reasons. In terms of the EEA, it is not unfair discrimination to differentiate between employees on the basis of an inherent requirement of the particular job. It is this defence that is considered in the present treatise. The inherent requirements of the job as a defence in unfair discrimination cases is one, which needs to be carefully considered it in fact requires a clear understanding of what constitutes an inherent requirement. It is equally important to understand that although in one instance it may be justifiable to exclude certain employees on the basis of an inherent requirement of the job, a generalisation may give an employer difficulties under certain circumstances. An employer who is faced with a prospective employee who suffers from a particular illness that would make it impossible to do the job, could raise the defence of an inherent requirement of the job. However, the fact that a particular employee has the same illness as the previous one not employed does not give an employer an automatic right to exclude all prospective employees who suffer from the same illness without having had consideration of their circumstances as well as those of their illnesses. The defence of inherent requirements of the job is therefore valid only where the essence of the business would be undermined by employing or not employing people with certain attributes required or not required to do the job.
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King, Lyn Carol. "Public service commission grievance recommendation process." Thesis, Nelson Mandela University, 2017. http://hdl.handle.net/10948/18002.
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The Public Service Commission (PSC) is an independent oversight body established in terms of chapter 10 of the Constitution, 1996. Although, its powers and functions were enacted in the Public Service Commission Act, 1997, this institution has been in existence since the early 1900’s. As an institution which was birthed during an era wrought with injustice, inequality upon a labour law framework which barely existed as the concept is understood today, the PSC played a leading role in the management of the public service. The influence of the Treasury, Governor-General and socio-political forces throughout the 1900’s negatively impacted the manner in which the PSC was effectively able to exercise its’ powers and functions. Subsequent thereto, the rise of staff associations and their concerted effort to be party to matters pertaining to the employment relationship, placed the PSC in a precarious situation which created the perception that the PSC was a “toothless organization”. Although the PSC has since transitioned significantly in that many of the functions it performed are now exercised by the Ministry of Public Service and Administration, today, this perception is still as real as it was in the 1970’s. The primary purpose of this treatise is to provide a historical background to present time, depicting the role undertaken by the PSC and whether the perception of being ineffective in the administration of the public service, remains. The researcher will provide a distinction of the nature of grievances dealt with by the PSC and other alternate dispute resolution bodies, with specific attention being drawn to the methodologies applied in the execution of its mandate relating to labour relations and personnel practices, and the overall bearing it this has on the effective administration of the public service. In the conclusion it is submitted that the powers and functions of the PSC may extend to directions, advice and recommendations (unenforceable), however in comparison to other dispute resolution bodies, these powers and functions are centred around the promotion of constitutionally enshrined values and principles. PSC prides itself in the fruits of its labour as it is able to make a far greater impact by investigating root causes of grievances and redressing systemic issues, emanating from yesteryear to date. It is therefore submitted that as a result of different methodologies applied in comparison to other dispute resolution bodies, the highly administrative processes embarked proves far more thorough and effective and as a result cannot be compared or perceived to be ineffective. Lastly, it is submitted that the co-operative rather than adversarial approach embarked upon by the PSC is befitting for a young democratic country where impact-driven bears far reaching results, extending over the public service administration at large. To this end, the researcher refutes the misconception that the PSC is a toothless, ineffective organization which no longer plays a meaningful role within the Public Service Administration.
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Louw, Jacobus Francois. "The right to adequate housing : making sense of eviction procedures in the context of rental housing after Ndlovu V Ngcobo." Thesis, Stellenbosch : University of Stellenbosch, 2004. http://hdl.handle.net/10019.1/15600.
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Thesis (LLM (Law))--University of Stellenbosch, 2004.139 leaves printed on single pages, preliminary pages i-ix and numbered pages 1-130. Includes bibliography.
Digitized at 600 dpi grayscale to pdf format (OCR), using a Bizhub 250 Konica Minolta Scanner.
ENGLISH ABSTRACT: South Africa must address the need for adequate housing. Since democracy in 1994, the government has promulgated a number of acts to achieve the goal of adequate housing for all. These include the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE) and the Rental Housing Act (RHA). The problem for the courts is knowing when to apply each act. To reach the goal embodied in the constitutional right of adequate housing for all, the government has invested R18 billion in housing since 1994. Despite this, the need for housing has escalated. The RHA, in which the legislature tried to create a balance between the rights of landlords and tenants, followed. This was done in order to alleviate some of the pressure to ensure access to land, which rests solely on the shoulders of the government. The legislature tried to create a sphere into which private investors would want to invest their money. A number of recent cases dealing with tenants who defaulted on their rentals and the landlord's capacity to effect eviction raised awareness about the existing inadequacies of the law in this particular field. In a Supreme Court of Appeal ruling, the court found that when a landlord wants to evict a defaulting tenant the time-consuming and costly procedure of PIE should be used. The assumption underlying this study is that PIE should not be applicable in cases of evicting a defaulting tenant. The rights and duties of the various parties involved in rental housing therefore need to be examined. The main aim is, however, to ascertain which procedure should be employed when obtaining an eviction order against a party holding over and what the effects are when the most appropriate eviction procedure is not used. A well-regulated relationship would ensure the best balance of interest for the landlord, tenant and the government by creating a market in which a landlord could make money out of letting and more tenants could obtain adequate housing through renting. A further assumption is that the rei vindicatio should be used when having a defaulting tenant evicted. It offers an alternative procedure that does not undermine the objectives of the housing legislation.
AFRIKAANSE OPSOMMING: Suid-Afrika ervaar tans 'n probleem met die verskaffing van behuising vir almal. Sedert die land se verwerwing van demokrasie in 1994 het die wetgewer 'n hele reeks wette aangeneem om die probleem op te los, ondermeer die Wet op Huurbehuising en die Wet op die Voorkoming van Onwettige Uitsetting en Onregmatige Okkupasie van Grond (hierna verwys as PIE). Die howe ondervind soms probleme wanneer daar bepaal moet word wanneer 'n spesifieke wet van toepassing behoort te wees en wanneer. Ten spyte van die R18 miljard wat die regering reeds bestee het aan armes sonder huise, het die getal mense wat sonder geskikte behuising woon gegroei. Die wetgewer het deur die promulgasie van die Wet op Huurbehuising gepoog om 'n mark te skep waarin daar behuising verskaf sal word in die vorm van huurbehuising. Terselfdertyd sal die privaatsektor baie nodige geld in die huurmark kan investeer. Onlangse regsspraak in die verband dui daarop dat daar nog baie leemtes bestaan veral met verwysing na uitsetting. Na 'n resente Appelhof beslissing sal die verhuurder van die meer tydrowende en duurder prosedures in PIE gebruik moet maak om 'n persoon uitgesit te kry. Die onderliggende aanname is dat PIE nie van toepassing behoort te wees wanneer 'n verhuurder 'n huurder wat agterstallig is met die huur wil uitsit nie. Die regte van beide huurder en verhuurder word gevolglik bestudeer. Die hoof-oogmerk van die studie is egter om vas te stel watter uitsettingsprosedure die beste sal wees en wat die gevolge sal wees indien die prosedure nie gebruik word nie. 'n Goed gereguleerde huurmark sal sorg dat huurders genoegsame beskerming geniet, dat die verhuurder geld sal kan maak uit die huurmark en dat die regering se druk tot 'n mate verlig word. 'n Verdere aanname is dat die prosedure vir die rei vindicatio die korrekte prosedure is om te gebruik om 'n huurder wat versuim om sy/haar huur te betaal uit te sit. Die rei vindicatio word gevolglik bestudeer en daar word getoon dat die prosedure aansienlik van die van PIE verskil. Dit bied 'n alternatief en is nie van so aard dat dit die behuisings wetgewing se oogmerke belemmer nie.
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Sizani, Lulama Viwe. "An assessment of grievance investigations by the public service commission in South Africa." Thesis, Cape Peninsula University of Technology, 2016. http://hdl.handle.net/20.500.11838/2422.
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Thesis (MTech (Public Management))--Cape Peninsula University of Technology, 2016.This study assessed the role of the Public Service Commission (PSC) in the public service grievance investigations in South Africa, with the intention of finding a feasible approach for constructing and attending to fair and just grievance procedure. This study also sought to investigate the effectiveness of the methods used by the PSC employee grievances with the intention of recommending an appropriate approach in dealing with grievances. The PSC, as a Constitutional oversight body, may be charged with responsibilities to assess if the public service deals with grievances of employees, but fail to assess itself. It is studies like this that mirror how the PSC assesses employee grievances in the public service and whether it succeeds in advancing effectively and effective on that.
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Gildenhuys, Marianne. "The application of the Child Care Act in respect of the assessment and sentencing of juvenile offenders." Thesis, Stellenbosch : Stellenbosch University, 2002. http://hdl.handle.net/10019.1/53087.
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Thesis (M Social Work)--Stellenbosch University, 2002.ENGLISH ABSTRACT: This study is concerned with children and youths in conflict with the law, who are additionally at risk of becoming or being in need of care. The study eventuated from concern for neglected children and youths from poor, disadvantaged and violent communities in the Western Cape Province, who inevitably lapsed into crime. Child and youth care, including juvenile justice, in South Africa is presently in a process of transformation, managed by the inter-ministerial committee on young people at risk. As an outcome of the transformation of the juvenile justice system, assessment centres were established at juvenile courts. Probation officers were appointed in terms of the Probation Services Act (Act 116 of 1991) to assess arrested children and youths before their first court appearance in view of a suitable awaiting trial placement and possible diversion of the criminal case. The researcher investigated how arrested children and youths, being in need of care, are managed within the criminal justice system. The research study showed that in spite of the implementation of policies and legislation to protect children and youths from detention in prison, the number of children and youths in prisons awaiting trial have steadily increased. A continuous shortage of vacancies in awaiting trial places of safety exists. It has further been established that professionals such as magistrates, prosecutors and probation officers recognize the needs of arrested children and youths who are additionally at risk of being or becoming in need of care. Factors such as the existing lack of vacancies in awaiting trial places of safety however result in children and youths not being protected in terms of care in all instances. The research study also indicated that arrested children and youths who are current subjects of the Child Care Act (Act 74 of 1983) as amended are often not effectively managed within the criminal justice system. A lack of sufficient knowledge of the said Child Care Act by especially prosecutors appears to be a contributing factor. A comprehensive criminal justice system for children and youths in South Africa is being envisaged, as contained in the draft Bill (Bill B), which will enable individualized but holistic services in respect of children and youths in conflict with the law. The role and tasks of probation officers carrying out assessments have as such become a key element in the management of arrested children and youths, as contained in the draft Bill (Bill B). Probation officers therefore playa significant role in advising the court regarding the appropriate management of arrested children and youths who are at risk of becoming or being in need of care.
AFRIKAANSE OPSOMMING: Hierdie studie het betrekking op kinders en jeudiges in botsing met die gereg, wat bykomend in gevaar is om sorgbehoewend te raak of sorgbehoewend is. Die studie het voortgevloei uit besorgdheid oor verwaarloosde kinders en jeugdiges van arm, agtergeblewe en geweldadige gemeenskappe in die Wes-Kaap Provinsie, wie noodwendig in misdaad verval het. Kinder- en jeugsorg, insluitend jeugreg in Suid-Afrika is tans in 'n proses van transformasie, wat deur die inter-ministeriële komitee vir jong persone in gevaar, bestuur word. As 'n uitkoms van die transformasie van die jeugregsisteem, is asseseringsentrums by jeughowe tot stand gebring. Proefbeamptes is in terme van die Wet op Proefdienste (Wet 116 van 1991) aangestel om gearresteerde kinders en jeugdiges te asseseer voor hulle eerste hofverskyning in die lig van 'n geskikte aanhouding terwyl verhoofafwagtend en moontlike afwending van die kriminele saak. Die navorser het ondersoek ingestel na die wyse waarop gearresteerde kinders en jeugdiges wat sorgbehoewend is, binne die kriminele jeugregstelsel hanteer word. Die navorsingstudie het getoon dat ten spyte van die implementering van beleid en wetgewing om kinders en jeugdiges van aanhouding in gevangenisse te beskerm, die hoeveelheid kinders en jeugdiges verhoorafwagtend in gevangenisse voortdurend toegeneem het. 'n Deurlopende tekort aan vakatures in plekke van veiligheid kom voor. Dit is verder vasgestel dat die behoeftes van gearresteerde kinders en jeugdiges wat bykomend in gevaar is om sorgbehoewend te raak of sorgbehoewend is, deur professionele persone soos landdroste, aanklaers en proefbeamptes erken word. Faktore soos die bestaande tekort aan vakatures in plekke van veiligheid veroorsaak egter dat kinders en jeugdiges nie ten alle tye beskerm word nie. Die navorsingstudie het ook aangedui dat gearresteerde kinders en jeugdiges wat steeds onderhewig is aan die Wet op Kindersorg (Wet 74 van 1983) soos gewysig dikwels nie doeltreffend binne die kriminele jeugregsisteem hanteer word nie. Gebrek aan voldoende kennis van die genoemde Wet op Kindersog deur veral aanklaers, blyk 'n bydraende faktor te wees. 'n Omvattende kriminele jeugregsisteem vir kinders en jeugdiges in Suid-Afrika word beoog, soos vervat in die konsep Wetsontwerp (Wetsontwerp B), wat die geleentheid vir individuele maar holistiese dienste ten opsigte van kinders en jeugdiges in botsing met die gereg sal bied. Die rol en take van proefbeamptes wat assesserings uitvoer het as sulks 'n sleutel element geword in die hantering van gearresteerde kinders en jeugdiges, soos vervat in die konsep Wetsontwerp (Wetsontwerp B). Proefbeamptes speel gevolglik 'n belangwekkende rol ten einde die hof te adviseer oor die gepaste hantering van gearresteerde kinders en jeudiges wat in gevaar is om sorgbehoewend te raak of sorgbehoewend is.
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Tarantal, Willem Benjamin. "The right of appeal: Exercising the right of appeal from the lower courts." Thesis, University of the Western Cape, 2005. http://etd.uwc.ac.za/index.php?module=etd&.
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This thesis dealt with the constitutionality of the provisions of the Criminal Procedure Amendment Act, 2003 (Act 42 of 2003), pertaining to the leave requirement and petition procedures in respect of appeals against conviction, sentence or orders of the lower courts.
Books on the topic "Civil procedure – South Africa"
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Civil procedure in South Africa. Alphen aan den Rijn, The Netherlands: Kluwer Law International, 2010.
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Kelbrick, R. Civil procedure in South Africa. Alphen aan den Rijn, The Netherlands: Kluwer Law International, 2015.
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Jones, Percy Sydney Twentyman. The civil practice of the magistrates' courts in South Africa. 8th ed. Cape Town: Juta, 1988.
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Eckard, C. F. Principles of civil procedure in the magistratesʼ courts. 2nd ed. Cape Town: Juta, 1990.
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Gretchen, Carpenter, ed. Criminal justice and the constitution: A collection of papers delivered at a conference held in Pretoria on 27 May 1997. Pretoria: University of South Africa, 1997.
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Commission, South African Law. The recognition of a class action in South African law. [Pretoria]: The Commission, 1995.
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Marnewick, C. G. Litigation skills for South African lawyers. Durban: Butterworths, 2002.
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Marnewick, C. G. Litigation skills for South African lawyers. 2nd ed. Durban: LexisNexis Butterworths, 2007.
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Commission, South African Law. The recognition of class actions and public interest actions in South African law: Report. [Pretoria]: The Commission, 1998.
Find full textBook chapters on the topic "Civil procedure – South Africa"
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Yuk, Sookhee. "South Korea’s Civil Engagement with Africa." In South Korea’s Engagement with Africa, 159–91. Singapore: Springer Singapore, 2019. http://dx.doi.org/10.1007/978-981-32-9013-6_7.
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Naidu, Sanusha. "Civil Society in Africa: Perspectives on the Expanding Engagement with Southern Partners." In South-South Cooperation, 203–19. London: Palgrave Macmillan UK, 2011. http://dx.doi.org/10.1057/9780230316812_12.
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Cochran, Shawn T. "South Africa in Namibia (1966–1989)." In War Termination as a Civil-Military Bargain, 115–35. New York: Palgrave Macmillan US, 2016. http://dx.doi.org/10.1057/9781137527974_6.
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Kuperus, Tracy. "State-Civil Society Relations within South Africa." In State, Civil Society and Apartheid in South Africa, 1–21. London: Palgrave Macmillan UK, 1999. http://dx.doi.org/10.1057/9780230373730_1.
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Jordaan, Eduard. "Civil and political rights." In South Africa and the UN Human Rights Council, 98–125. New York: Routledge, 2020.: Routledge, 2019. http://dx.doi.org/10.4324/9780429465932-5.
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Bond, Patrick. "European-South African elite collaboration, balanced by civil society solidarity." In Africa–Europe Relationships, 17–35. London ; New York : Routledge/Taylor & Francis Group, 2020. | Series: World politics and dialogues of civilizations: Routledge, 2020. http://dx.doi.org/10.4324/9781003030621-4.
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Séverin, Marianne. "Civil society and the fight against illicit financial flows in Africa." In Illicit Financial Flows from South Africa, 119–34. London: Routledge, 2021. http://dx.doi.org/10.4324/9781003197232-10.
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Waites, Bernard. "Nigeria and Congo-Zaire, 1960–c. 1975: Decolonisation, Civil War and State Recovery." In South Asia and Africa After Independence, 226–70. London: Macmillan Education UK, 2012. http://dx.doi.org/10.1007/978-0-230-35698-6_6.
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Baboolal-Frank, Rashri. "Civil Litigation in Tribunals in South Africa: Creating a Unified Tribunal System." In Transformation of Civil Justice, 81–96. Cham: Springer International Publishing, 2018. http://dx.doi.org/10.1007/978-3-319-97358-6_5.
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Sadouni, Samadia. "Climate Action, Religion and Civil Society in South Africa." In Religious Transnationalism and Climate Change, 71–90. Cham: Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-031-10610-1_5.
Full textConference papers on the topic "Civil procedure – South Africa"
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Silvestru, Ramona camelia, Lavinia Nemes, and Catalin ionut Silvestru. "CHALLENGES AND OPPORTUNITIES IN KNOWLEDGE SHARING IN E-LEARNING PROGRAMS FOR PUBLIC ADMINISTRATION." In eLSE 2014. Editura Universitatii Nationale de Aparare "Carol I", 2014. http://dx.doi.org/10.12753/2066-026x-14-212.
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The G20 Moscow summit from 2013 highlighted the fact that human resource development remained a major priority for developing countries, especially low-income countries, with important impact on the priorities of other low income countries. When discussing about the current global economic development, about increasing economic competitiveness and reducing economic risks of global crises, we take also into consideration the role that governments and their staff can play in ensuring the adequate implementation of the various policy measures. In order for the government staff to perform at high levels of competence both in high and low income countries, especially in G20 members (Argentina, Australia, Brazil, Canada, China, France, Germany, India, Indonesia, Italy, Japan, the Republic of Korea, Mexico, Russia, Saudi Arabia, South Africa, Turkey, the United Kingdom, the United States of America plus the European Union member states), we consider that continuous education / lifelong learning would be crucial in providing an enabling environment, with e-learning holding a key position, as it enables people, civil servants to deal with future challenges raised by knowledge and information society. In the framework of the technological, normative and procedural evolutions that influence how the staff from public administrations works and possible openness towards e-learning programs, while aware of the various pedagogic, administrative and economic factors that provide incentives as well as drawbacks in using e-learning in providing training to civil servants, we are interested in analyzing e-learning programs developed and used for public administration staff from several G20 states. Our analysis will be focused on assessing the dimensions of the e-learning systems, variety of courses via e-learning platforms, methodologies used in e-learning, possible limitations and challenges in providing e-learning programs to civil servants in several G20 states. The analysis will be conducted using public information available from national agencies with responsibilities in providing such trainings in various G20 states. Our recommendations are oriented towards stimulating the development of an enabling environment for improving inter-agencies and ministerial coordination by intervening at the levels of human resources from the government levels. In this respect, we promote a wider usage of electronic means in lifelong learning for the staff from public administrations and the sharing of information by electronic means aimed at ensuring further human resource development from the public administration. Moreover, we strongly consider that continuous human resource development in the public administration apparatus from the G20 states and knowledge sharing would provide adequate framework for ensuring that government priorities and policy coordination in order to achieve global economic stability, sustainable growth could be achieved, while also contributing to the development of knowledge and information society and economy.
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Mayindi, Daphney H., and Michael O. Kachienga. "Analysis of national technological competitiveness: South Africa’s civil aircraft industry." In Technology. IEEE, 2008. http://dx.doi.org/10.1109/picmet.2008.4599614.
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der Merwe, Ruben van, and Jeffrey Mahachi. "Performance of Roof Anchor Systems for Low-Income Housing in South Africa." In The 6th International Conference on Civil, Structural and Transportation Engineering. Avestia Publishing, 2021. http://dx.doi.org/10.11159/iccste21.119.
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"Parametric Assistance for Complex Urban Planning Processes Three Examples from Africa and South-East Asia." In 6th Annual International Conference on Architecture and Civil Engineering (ACE 2018). Global Science and Technology Forum, 2018. http://dx.doi.org/10.5176/2301-394x_ace18.58.
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ANSARY, NAZEEM, and OLANREWAJU ABDUL. "Sources of Conflicts in a Construction Projects A perspective of South Africa Construction Industry." In Sixth International Conference on Advances in Civil, Structural and Environmental Engineering - ACSEE 2017. Institute of Research Engineers and Doctors, 2017. http://dx.doi.org/10.15224/978-1-63248-139-9-57.
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ANSARY, NAZEEM. "Investigating the Risk Preventive and Mitigative Methods used in Gauteng South Africa Evidence from Contractors." In Eighth International Conference On Advances in Civil Structural and Mechanical Engineering ACSM 2018. Institute of Research Engineers and Doctors, 2018. http://dx.doi.org/10.15224/978-1-63248-154-2-28.
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NGALA, JUSTUS, NAZEEM ANSARY, and OLANREWAJU ABDUL. "Analysis of Credit Rationing Among Construction Enterprises SMEs within Financial Institutions A Case of Gauteng Province in South Africa." In Fourth International Conference on Advances in Civil, Structural and Environmental Engineering - ACSEE 2016. Institute of Research Engineers and Doctors, 2016. http://dx.doi.org/10.15224/978-1-63248-114-6-56.
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ANSARY, NAZEEM. "The Extent to which Risk Identification leads to Project Performance of Small and Medium Contractors in Gauteng South Africa." In Eighth International Conference On Advances in Civil Structural and Mechanical Engineering ACSM 2018. Institute of Research Engineers and Doctors, 2018. http://dx.doi.org/10.15224/978-1-63248-154-2-29.
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Mokhothu, Khojane Geoffrey, Charles S. Masoabi, and Alfred H. Makura. "EXPLORING THE ROLE OF TECHNOLOGICAL PROCESS IN CIVIL ENGINEERING AND CONSTRUCTION STUDIES AT TECHNICAL VOCATIONAL EDUCATION AND TRAINING (TVET)." In International Conference on Education and New Developments. inScience Press, 2022. http://dx.doi.org/10.36315/2022v1end089.
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"Civil Engineering and Construction studies are subjects that develop and promulgate knowledge and skills through teaching, learning and assessment. The aim of the study was to explore the perceptions of lecturers regarding the role of technological process in Civil Engineering and Construction Studies at TVET colleges in the Free State Province in South Africa. While the objective is to determine the perception role of technological process in Civil Engineering and Construction (CEC) studies during the teaching, learning, and assessment process, When the driving research question was: what is the role of technological process in Civil Engineering and Construction Studies at TVET colleges with regard to teaching, learning, and assessment? The mix method consisting of quantitative and qualitative elements was employed. A questionnaire and a face-to-face interview were used as instruments to gather data. Twenty-six (26) CEC studies lecturers from four (4) different TVET colleges in the Free State province in South Africa. The study revealed that all lecturers prefer technological process as their main teaching and learning methods, in particular for final assessment."
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Alvarez, Juan, Pierre Orsero, Valerie Quiniou-Ramus, Michel Franc¸ois, Anne-Gae¨lle Moysan, Didier l’Hostis, and Alain Ledoux. "Squall Response Based Design of Floating Units in West Africa." In ASME 2011 30th International Conference on Ocean, Offshore and Arctic Engineering. ASMEDC, 2011. http://dx.doi.org/10.1115/omae2011-49237.
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Squalls are one of the main issues for the design of West Africa floating units mooring systems. At the present time and due to the lack of more relevant information and models, squalls are represented by on site time series of time varying wind speed and relative heading. The first FPSO units were designed on the basis of a reduced Squall database. Nowadays, the number of squall records has been significantly increased and a response based analysis can be carried out. The present paper is focused on the Gulf of Guinea environment. The area has been divided into two zones: North (Nigeria…) and South (Congo, Angola…). This approach enabled us to deal with 90 Squall events for North zone and 115 Squall events for South zone. Two different mooring systems, with quite different natural periods, have been investigated in order to cover the range of already installed spread moored FPSO’s. For every Squall of the database, time domain and modal simulations have been carried out in order to obtain the maximum values of the axial tension in mooring lines and of the offset of a standard spread moored unit. Then a statistical procedure is applied a) to estimate 100-year return period values for these parameters and b) to assess overall trends besides the differences between results from both zones and both mooring systems. A comparative study has also been carried out to relate the 100-year return period extrapolations with the values derived from classical design procedures in order to evaluate the potential design margins for extreme responses. Finally, areas needing further investigation are identified.
Reports on the topic "Civil procedure – South Africa"
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Price, Roz. Resources on the Just Energy Transition in South Africa. Institute of Development Studies, April 2022. http://dx.doi.org/10.19088/k4d.2022.098.
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This rapid review highlights and explores the literature on the just energy transition in South Africa. In simple terms, a just energy transition can be defined as where the process of shifting energy systems is made as fair and just as possible (Project 90 by 2030, 2019). However, the term is not rigidly defined and can mean different things to different people and elicits a wide range of responses depending on the contexts within which it is utilised and the interests of the groups involved. This is a vast and complex topic, with a large and growing literature base and considerable interest by donors, government, civil society organisations (CSOs) and industry in South Africa. Hence, this rapid review only provides a snapshot of the literature identified.
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Kelly, Luke. Evidence on the Role of Civil Society in Security and Justice Reform. Institute of Development Studies (IDS), December 2020. http://dx.doi.org/10.19088/k4d.2022.031.
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This rapid review focuses on the role of civil society in SSR in several contexts. It finds that donor driven SSR is seen to have failed to include civil society, and that such efforts have been focused on training and equipping security forces. However, in some contexts, donors have been able to successfully develop civil society capacity or engage civil society groups in reforms, as in Sierra Leone. There are also several examples of security and justice reforms undertaken by local popular movements as part of regime change, namely Ethiopia and South Africa. In other contexts, such as Indonesia, the role of civil society has led to partial successes from which lessons can be drawn. The theoretical and empirical literature attributes several potential roles to civil society in SSR. These include making security and justice institutions accountable, mobilising a range of social groups for reform, publicising abuses and advocating for reform, offering technical expertise, and improving security-citizen relations. The literature also points to the inherent difficulties in implementing SSR, namely the entrenched nature of most security systems. The literature emphasises that security sector reform is a political process, as authoritarian or predatory security systems are usually backed by powerful, skilled and tenacious vested interests. Dislodging them from power therefore requires significant political will – civil society can be one part of this. The evidence base for the topic is relatively thin. While there is much literature on the theory of SSR from a donor perspective, there are fewer empirical studies. Moreover, scholars have identified relatively few successful examples of SSR. The role of civil society is found to be greater in more economically developed countries, meaning there is less discussion of the role of civil society in many African SSR contexts, for example (except to note its absence). In addition, most research discusses the role of civil society alongside that of other actors such as donors, security services or political elites, limiting analysis of the specific role of civil society.
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Tadros, Mariz, ed. What About Us? Global Perspectives on Redressing Religious Inequalities. Institute of Development Studies, October 2022. http://dx.doi.org/10.19088/creid.2021.005.
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How can we make religious equality a reality for those on the margins of society and politics? This book is about the individual and collective struggles of the religiously marginalised to be recognised and their inequalities, religious or otherwise, redressed. It is also about the efforts of civil society, governments, multilateral actors, and scholars to promote freedom of religion or belief (FoRB) whatever shape they take. The actors and contexts that feature in this book are as diverse as health workers in Israel, local education authorities in Nigeria, indigenous movements in India, Uganda, or South Africa, and multilateral actors such as the Islamic Development Bank in Sudan and the World Bank in Pakistan. Some of the case studies engage with development discourses and narratives or are undertaken by development actors, while other cases operate completely outside the international development paradigm. These case studies present some important insights, which while highly relevant for their contexts also draw out important insights for academics, practitioners, activists, and others who have an interest in redressing religious inequalities for socioeconomically marginalised populations.
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Kahima, Samuel, Solomon Rukundo, and Victor Phillip Makmot. Tax Certainty? The Private Rulings Regime in Uganda in Comparative Perspective. Institute of Development Studies, January 2021. http://dx.doi.org/10.19088/ictd.2021.001.
Full textAbstract:
Taxpayers sometimes engage in complex transactions with uncertain tax treatment, such as mergers, acquisitions, demergers and spin-offs. With the rise of global value chains and proliferation of multinational corporations, these transactions increasingly involve transnational financial arrangements and cross-border dealings, making tax treatment even more uncertain. If improperly structured, such transactions could have costly tax consequences. One approach to dealing with this uncertainty is to create a private rulings regime, whereby a taxpayer applies for a private ruling by submitting a statement detailing the transaction (proposed or completed) to the tax authority. The tax authority interprets and applies the tax laws to the requesting taxpayer’s specific set of facts in a written private ruling. The private ruling offers taxpayers certainty as to how the tax authority views the transaction, and the tax treatment the taxpayer can expect based on the specific facts presented. Private rulings are a common feature of many tax systems around the world, and their main goal is to promote tax certainty and increase investor confidence in the tax system. This is especially important in a developing country like Uganda, whose tax laws are often amended and may not anticipate emerging transnational tax issues. Private rulings in Uganda may be applied for in writing prior to or after engaging in the transaction. The Tax Procedures Code Act (TPCA), which provides for private rulings, requires applicants to make a full and true disclosure of the transaction before a private ruling may be issued. This paper evaluates the Ugandan private rulings regime, offering a comparative perspective by highlighting similarities and contrasts between the Ugandan regime and that of other jurisdictions, including the United States, Australia, South Africa and Kenya. The Ugandan private rulings regime has a number of strengths. It is not just an administrative measure as in some jurisdictions, but is based on statute. Rulings are issued from a central office – instead of different district offices, which may result in conflicting rulings. Rather than an elaborate appeals process, the private ruling is only binding on the URA and not on the taxpayer, so a dissatisfied taxpayer can simply ignore the ruling. The URA team that handles private rulings has diverse professional backgrounds, which allows for a better understanding of applications. There are, however, a number of limitations of the Ugandan private rulings system. The procedure of revocation of a private ruling is uncertain. Private rulings are not published, which makes them a form of ‘secret law’. There is no fee for private rulings, which contributes to a delay in the process of issuing one. There is understaffing in the unit that handles private rulings. Finally, there remains a very high risk of bias against the taxpayer because the unit is answerable to a Commissioner whose chief mandate is collection of revenue. A reform of the private rulings regime is therefore necessary, and this would include clarifying the circumstances under which revocation may occur, introducing an application fee, increasing the staffing of the unit responsible, and placing the unit under a Commissioner who does not have a collection mandate. While the private rulings regime in Uganda has shortcomings, it remains an essential tool in supporting investor confidence in the tax regime.