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Journal articles on the topic 'Due process of law – South Africa'

Author: Grafiati

Published: 4 June 2021

Last updated: 12 February 2022

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1

Carolan, Eoin. "Susan Rose-Ackerman, Stefanie Egidy & James Fowkes, Due Process of Lawmaking: The United States, South Africa, Germany, and the European Union." American Journal of Comparative Law 65, no. 3 (2017): 717–23. http://dx.doi.org/10.1093/ajcl/avx009.

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Laurens, J. B., P. A. Carstens, J. B. Laurens, and L. G. Curlewis. "Blood and breath alcohol test results: Uncertainty at the interface of science and law." South African Law Journal 138, no. 3 (2021): 535–68. http://dx.doi.org/10.47348/salj/v138/i3a5.

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Alcohol is well known for its ability to impair human faculties, which creates risks when driving a vehicle or when performing safety- and risk-sensitive tasks in workplaces. The article aims to highlight some shortcomings in the legal-scientific approach for alcohol testing in South Africa. In particular, we investigate the measurement uncertainty of blood alcohol test results, which is critical in adjudicating over-the-limit cases. The South African regulatory framework for alcohol testing in the criminal- and private-law environments is examined from an analytical due-process perspective, c

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Du Plessis, W., and T. Scheepers. "Tradisionele leiers: erkenning en die pad vorentoe." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 1, no. 1 (2017): 205. http://dx.doi.org/10.17159/1727-3781/1998/v1i1a2902.

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There has for many years been legal recognition of Traditional Leaders in South African laws, such as the Black Administration Act 38 of 1927 and regulations and proclamations issued in terms of other legislation. Recently legal recognition was confirmed in the Constitution of the Republic of South Africa Act 108 of 1996. Additional recognition of Traditional Leaders and the institution of Traditional Leadership is found in the various provincial legislation providing for Provincial Houses of Traditional Leaders and the establishment and functioning of the National Council of Traditional Leade

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Kwarteng, Abdul Hamid, and Thomas Prehi Botchway. "State Responsibility and the Question of Expropriation: A Preliminary to the “Land Expropriation without Compensation” Policy in South Africa." Journal of Politics and Law 12, no. 1 (2019): 98. http://dx.doi.org/10.5539/jpl.v12n1p98.

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Expropriation is a right granted to States under international law; however this right does not guarantee States to abuse their power to unlawfully seize properties without following due process or paying the right compensation. In August 2018, the president of South Africa proposed a bill that would allow the government to expropriate land without compensation and this bill has attracted the attention of both scholars of international law and foreign investors.   With a qualitative approach and a cross sectional analysis of data, this article seeks to analyze the nature of this bi

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Mkhwanazi, Zephania Mqedi, and Dee Khosa. "An Analysis of Public Order Policing in the Gauteng Province, South Africa." International Journal of Criminology and Sociology 10 (August 23, 2021): 1320–32. http://dx.doi.org/10.6000/1929-4409.2021.10.152.

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Background: Public order policing (POP) has attracted considerable interest from the academic community due to public protests in South Africa. This is not surprising given that it represents an important component of police work. As South Africa’s democracy has been maturing, the democratic dispensation brought the promise of civil liberties and a human rights culture. Although these parallel developments brought prospects of accountability and legitimacy by the South African Police Service (SAPS), the restoration of public order, especially during public protests, has remained a challenge fo

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Schutte, PJW. "Oordrag van eiendomsreg en die vulgêre reg in die Wes-Romeinse ryk." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 3, no. 2 (2017): 1. http://dx.doi.org/10.17159/1727-3781/2000/v3i2a2886.

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It is generally accepted that an abstract system is applied in South Africa with regard to the transfer of ownership. It is a characteristic of the abstract system that the different legal acts which form part of the process, namely the obligatory agreement, delivery of the thing concerned or registration, and the real agreement are separated from each other and that each has its own requirements. However, there is no certainty about the question as to whether or not this distinction stems from Roman law. The purpose of this article is to ascertain whether the distinction between the different

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Crous, AJ. "Keuringspanele ("Screening Panels") as Gepaste Geskilbeslegtingsmetode ter Oplossing van Mediese Wanpraktyks-geskille." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 12, no. 3 (2017): 97. http://dx.doi.org/10.17159/1727-3781/2009/v12i3a2735.

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A right only has any value if there is a remedy providing for the acknowledgement and enforcement thereof. An increase in medical malpractice claims can be expected in South Africa in view of the fact that the public is becoming more and more aware of its rights in respect of health services and health care. The public opinion calls for development of dispute resolution proceedings. The fact that the law is not accessible to everyone in South Africa is a matter of concern. High litigation costs, coupled with the time consuming protracted, formal and complicated process, call for a transformati

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Wingard, Christa, Jan Bosman, and Bright Amisi. "The legitimacy of IFRS." Meditari Accountancy Research 24, no. 1 (2016): 134–56. http://dx.doi.org/10.1108/medar-02-2014-0032.

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Purpose The purpose of this paper is to assess the influences on the due process of standard-setting with reference to the legitimacy of the financial reporting “soft law” that is International Financial Reporting Standards (IFRS). Design/methodology/approach This study uses a literature review to analyse the governance structures, due process steps, staffing and funding of IFRS standard-setting activities. The study also uses descriptive statistics to analyse constituent participation during the development of two IFRS standards. The mean, median and standard deviation are used as measures of

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Adeosun, Opeoluwa Adeniyi, Philip Akanni Olomola, Adebayo Adedokun, and Olumide Steven Ayodele. "Public investment and inclusive growth in Africa." International Journal of Social Economics 47, no. 12 (2020): 1669–91. http://dx.doi.org/10.1108/ijse-05-2020-0333.

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PurposeThe increasing debate on the viability of broad-based productive employment in stimulating the participatory tendencies of growth makes it instructive to inquire how the African “Big Five” have fared in their quests to ensure growth inclusiveness through public investment-led fiscal policy.Design/methodology/approachTime varying structures and nonlinearities in the government investment series are captured through the non-linear autoregressive distributed lag, asymmetric impulse responses and variance decomposition estimation techniques.FindingsStudy findings show that positive investme

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Meel, B. L. "Gender-Related Traumatic Deaths in Transkei: Incidence and causes." Medicine, Science and the Law 43, no. 3 (2003): 215–20. http://dx.doi.org/10.1258/rsmmsl.43.3.215.

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This study is unique in that it strives to unfold, perhaps for the first time, the problem of female mortality due to trauma in the Transkei region of the Eastern Cape Province of South Africa. This study was carried out in the Umtata and Ngqeleni magisterial districts which have a combined population of about 400,000. Most of the people have very few resources and have historically relied on money repatriated by migrant workers. The objective was to establish the incidence and the causes of deaths due to gender-related trauma and to formulate recommendations which could probably help prevent

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Van der Schyff, Elmarie. "Die nasionalisering van waterregte in Suid-Afrika: ontneming of onteiening." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 6, no. 1 (2017): 80. http://dx.doi.org/10.17159/1727-3781/2003/v6i1a2859.

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South Africa's water law dispensation has changed dramatically with the promulgation of the National Water Act 36 of 1998. The previous distinction between public and private water has been abolished and the Minister of Water Affairs and Forestry has been appointed to act as trustee of the nation's water resources. Through the working of section 4(4), exclusive rights of water use, which were in force before 1998, were replaced by water allowances, granted in the discretion of the relevant authority.The key issue, which is investigated in this article, is whether the state, through the provisi

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Parray, Tauseef Ahmad. "A Survey of Four Indo-Pakistani Scholars’ Perspectives on the Islam-Democracy Discourse." American Journal of Islam and Society 29, no. 1 (2012): 146–59. http://dx.doi.org/10.35632/ajis.v29i1.1221.

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In contemporary times, the relationship between Islam and democracy –democracy and its Islamic heritage and the process of democratization inMuslim societies, and other related themes – is a hotly debated and discussedtopic. Throughout the Muslim world – from South, Southeast and CentralAsia to Middle East and North Africa – Muslim thinkers have undertakenthe effort of working within and cooperating with existing political regimesand authorities ‒ from republics, monarchies and authoritarian dictatorshipsto pluralistic and relativity homogeneous societies. With the desirefor democratization, a

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Moosa, Fareed. "Protecting taxpayer information from the public protector – A ‘just cause’?" Journal of Corporate and Commercial Law & Practice, The 6, no. 2 (2020): 190–211. http://dx.doi.org/10.47348/jccl/v6/i2a7.

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Under the Tax Administration Act, 2011 (TAA), taxpayers enjoy a right to privacy of information disclosed to the South African Revenue Service (SARS). This note shows that tax officials are obliged to protect the secrecy thereof. It is argued that the Commissioner for the SARS correctly resisted compliance with a subpoena issued by the Public Protector for access to the records of former President Jacob Zuma. If it acquiesced without objection, shock waves would have reverberated through South Africa’s tax community. It is contended that the Commissioner’s decision to maintain taxpayer secrecy

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Maré, C. "Gesinspolitiek en die ouer-kind verhouding." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 1, no. 1 (2017): 223. http://dx.doi.org/10.17159/1727-3781/1998/v1i1a2903.

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The family-unit did, in one form or another occur since the beginning of man’s existence. The aim of the unit was to sire children and to provide for them until they reached maturity. To realise this provisional aim, a decision making process was required. The child and her parents’ individual interests can generate conflict where decisions have to be made regarding various questions, for example: which church the child should attend and or whether she should attend any church; which school a child should be enrolled in; with whom the child may associate and with whom not; if the child may use

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Ncube, Caroline Bongiwe. "Harnessing Intellectual Property for Development: Some Thoughts on an Appropriate Theoretical Framework." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 16, no. 4 (2017): 368. http://dx.doi.org/10.17159/1727-3781/2013/v16i4a2420.

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This paper considers how an appropriate theoretical framework for Intellectual Property may be constructed. Such a framework would be the lens through which contested IP issues may be resolved and upon which national IP policy and legislation might be based. The paper begins by highlighting the inherent tensions in IP, which are caused by the various stakeholder interests that this body of law seeks to balance, and by the cross-cutting nature of IP. It contends that in order to more equitably balance the contesting rights of the creators and users, IP rights should be formulated and enforced s

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Venter, F. "Die beperkings van regstellende gelykheid." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 7, no. 1 (2017): 1. http://dx.doi.org/10.17159/1727-3781/2004/v7i1a2836.

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This is a compact review and analysis of the state of equality law in South Africa . Specific reference is made to what has been called "remedial" or "restitutionary" equality. From the analysis it appears that current equality law shows certain imbalances that are difficult to reconcile with the provisions of the Constitution. To point out shortcomings in equality law which is well intended to resolve the burning problems of inequality, can easily be misunderstood in the contemporary circumstances as a reactionary resistance against a necessary process of a justifiable drive for equality. Suc

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Pienaar, Juanita M. "The Mechanics of Intervention and the Green Paper on Land Reform." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 17, no. 2 (2017): 675. http://dx.doi.org/10.17159/1727-3781/2014/v17i2a2182.

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The South African land control system has always, to some extent, been interfered with by government. Interventions in the course of the twentieth century in particular have resulted in an unequal, fragmented and diverse land control system. The law has been integral to this process. Since 1994, within a constitutional paradigm, interventions have been aimed at untangling the complex web of land-related measures so as to affect an equitable, co-ordinated and less complex land system. In this process law - including policy documents, plans, programmes and legislative measures - is again integra

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van der Bijl, Charnelle, and Philip N. S. Rumney. "Attitudes, Rape and Law Reform in South Africa." Journal of Criminal Law 73, no. 5 (2009): 414–29. http://dx.doi.org/10.1350/jcla.2009.73.5.591.

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In the last decade South Africa has undergone an extensive process of sexual offence law reform. This process has attempted, amongst other things, to address deficiencies in the criminal justice response to rape and has also recognised some of the limits to the impact of legal reform. These limits are partly defined by rape supportive attitudes and myths that appear to influence decision-making at all points in the criminal justice process. In South Africa, and many other jurisdictions, evidence suggests that police, prosecutorial and judicial decision-making is influenced, in part, by a range

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Sutherland, Margie, Hayley Pearson, and Greg Fisher. "Due diligence: Plantation Shutters®, South Africa." Emerald Emerging Markets Case Studies 7, no. 2 (2017): 1–19. http://dx.doi.org/10.1108/eemcs-10-2016-0203.

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Subject area Company turnaround, General Management. Study level/applicability Executive education, MBA. Case overview This is a four-part case study in which the case of a company turnaround emerges as the students work through a series of decision-making processes. In teaching the case, the students would only be given Part A to begin with, about which they need to make decisions as to what they would do, as preparation for the first part of the lecture. After that has been discussed, they are provided with the second part which tells them what in fact happened in the situation and leads the

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Mokgoro, Y. "Ubuntu and the law in South Africa." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 1, no. 1 (2017): 16. http://dx.doi.org/10.17159/1727-3781/1998/v1i1a2897.

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The new constitutional dispensation, like the idea of freedom in South Africa, is also not free of scepticism. Many a time when crime and criminal activity are rife, sceptics would lament the absence of ubuntu in society and attribute this absence to what they view as the permissiveness which is said to have been brought about by the Constitution with its entrenched Bill of Rights. Firstly, I would like to take this opportunity and (attempt to) demonstrate the irony that the absence of the values of ubuntu in society that people often lament about and attribute to the existence of the Constitu

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Venter, Francois. "South Africa: A Diceyan Rechtsstaat?" Symposium: Mixed Jurisdictions 57, no. 4 (2012): 721–47. http://dx.doi.org/10.7202/1013029ar.

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South Africa’s transformation to constitutionalism in 1994 saw the addition to a mixed legal system of a supreme constitution that requires all law to conform to its provisions, principles, and values. This new constitutional design was developed for the circumstances and modeled on existing liberal democratic constitutions, the most influential of which were Canadian and German. Adopted in 1993, the first constitution introduced the notion of the “constitutional state” but being only a transitional document, it provided for the creation of a “final” constitution crafted in conformity with pre

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Rossouw, Laura, Frederik J. Mostert, and Jan Hendrik Mostert. "The underwriting process of property insurance in South Africa." Corporate Ownership and Control 7, no. 4 (2010): 303–10. http://dx.doi.org/10.22495/cocv7i4c2p6.

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Various underwriting factors pertaining to the owner of the property, the characteristics of the assets which are considered, and the risks involved with the property concerned should be evaluated by short-term insurers when underwriting property insurance. Two stipulations of insurance contracts can be employed to incorporate the underwriting factors, viz. the adjustment of the premium level due to a change in the risk profile, as well as the requirement of an excess (or deductible) when a claim is made. The most important problem areas experienced when underwriting property insurance receive

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Le Roux, Ingrid, and Kelly Duncan. "The naked truth: creditor understanding of Business Rescue: A Small Business perspective." Southern African Journal of Entrepreneurship and Small Business Management 6, no. 1 (2013): 57. http://dx.doi.org/10.4102/sajesbm.v6i1.33.

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<p><strong>Purpose:</strong> to study the level of knowledge and awareness of business rescue of entrepreneurs who are potential creditors of businesses filing for rescue, and to identify the major issues and concerns from the creditors’ point of view.</p><p><strong>Methodology:</strong> the design of the study was a survey to examine the level of knowledge, awareness and experience of Chapter 6 of The South African Companies Act No. 71 of 2008 and to seek to describe the status from a creditor’s perspective.</p><p><strong>Findings:&l

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Parker, Peter. "South Africa and the Common Purpose Rule in Crowd Murders." Journal of African Law 40, no. 1 (1996): 78–102. http://dx.doi.org/10.1017/s0021855300007142.

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The elections in South Africa are only a start in that nation's task of purging itself of the inheritance of white minority rule. However successfully the democratic process endows organs of state with legitimacy in international forums, by and of itself the fact of black enfranchisement will not change black attitudes to a legal system which for decades willingly implicated itself in the systematic oppression of the non-white majority.

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van As, Hennie. "Legal aid in South Africa: making justice reality." Journal of African Law 49, no. 1 (2005): 54–72. http://dx.doi.org/10.1017/s0021855305000057.

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Democracy and the adoption of a Bill of Rights for South Africa not only brought about political change, but it also created expectations of a better life for all. The Constitution guarantees equality before the law, access to a fair hearing and the right to legal representation in criminal matters, and the Legal Aid Board is one of the institutions tasked with giving effect to these pledges. In order to achieve its objectives and to fulfil its obligations, government embarked upon a process of transformation of existing structures and institutions and the creation of new ones. Although legal

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Albertyn, Catherine. "Religion, custom and gender: marital law reform in South Africa." International Journal of Law in Context 9, no. 3 (2013): 386–410. http://dx.doi.org/10.1017/s1744552313000128.

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AbstractThis article analyses the legal processes of recognising customary and religious (Muslim) marriages in South Africa's constitutional democracy. It argues that the best interpretation of the Constitution requires laws that address cross-cutting issues of recognition and redistribution relating to religion/culture and gender, and that the best way to achieve this is through a ‘pluralistic solidarity’ that enables dialogue on how to secure cultural and religious recognition without undermining the rights of women. It examines how the different processes of cultural/religious law reform in

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'Nyane, Hoolo. "Judicial Review of the Legislative Process in Lesotho: Lessons from South Africa." Potchefstroom Electronic Law Journal 22 (October 18, 2019): 1–30. http://dx.doi.org/10.17159/1727-3781/2019/v22i0a5713.

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The Constitution of Lesotho has a supremacy clause which ordinarily empowers the judiciary to review the actions of other branches of government. However, the judiciary in Lesotho seems to treat the legislative process with deference. This deference seems to be based on the old common law notion of the non-intervention of the judiciary in the legislative process. The notion has its roots in the British constitutional system. The Constitution of Lesotho, 1993 has even protected this doctrine through a constitutional ouster clause in section 80(5). The main question which this paper seeks to ans

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De Coning, Christo. "Overview of the water policy process in South Africa." Water Policy 8, no. 6 (2006): 505–28. http://dx.doi.org/10.2166/wp.2006.039.

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This research article provides an overview of the policy process followed by the South African Government in developing and implementing the White Paper on a National Water Policy for South Africa between 1994 and 2003. The research is based on a report published by the South African Water Research Commission (WRC), which formed part of a project entitled: Consolidation and Transfer of Knowledge and Experience Gained in the Development and Implementation of Water and Related Policy in South Africa (WRC Project number K5/1295). An attempt was made in the research project to solicit lessons of e

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Nortje, Jacobus Gerhardus J., and Daniel P. Bredenkamp. "A generic investigation process for South African commercial forensic practitioners." Journal of Financial Crime 27, no. 2 (2020): 587–600. http://dx.doi.org/10.1108/jfc-06-2019-0077.

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Purpose The purpose of this paper is to critically analyse and discuss the identification of a generic investigation process to be followed by the commercial forensic practitioner in South Africa. Design/methodology/approach This paper is a cross-sectional design that commenced with a review of the current available literature, highlighting the different approaches, processes and best practices used in local and international forensic practices. The methodology includes primary data collected with questionnaires from commercial forensic practitioner (N = 75) process users. Findings This paper

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Schutte, PJW. "Vertoon die Corpus Iuris Civilis Kenmerke van 'n Abstrakte Stelsel van Eiendomsoordrag?" Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 10, no. 3 (2017): 89. http://dx.doi.org/10.17159/1727-3781/2007/v10i3a2801.

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It is generally accepted that an abstract system for the transfer of property is applied in South Africa. Characteristic of an abstract system is that the different legal acts which form part of the process, namely the obligatory agreement, delivery of the thing concerned or registration and the real agreement are separated from each other. The real agreement is an agreement between the transferor and the transferee based on a meeting of the minds; it is directed at the transfer of ownership by delivery and should be distinguished from the underlying causa (for example an obligatory agreement)

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Murphy, D. K., Frederik J. Mostert, and Jan Hendrik Mostert. "The underwriting process of engineering insurance in South Africa." Risk Governance and Control: Financial Markets and Institutions 4, no. 1 (2014): 38–45. http://dx.doi.org/10.22495/rgcv4i1art4.

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Engineering insurance covers damage to plant, machinery and other engineering equipment such as boilers, computers, cranes and lifts. The underwriting process of engineering insurance is therefore complex as different types of risks from a big variety of industries are involved. The underwriting process of engineering insurance often requires specialists such as engineers to identify and analyse the particular risks. The objective of this research paper focuses on the improvement of financial decision-making regarding the underwriting process of engineering insurance. Secondary as well as prim

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Backeberg, Gerhard R. "Water institutional reforms in South Africa." Water Policy 7, no. 1 (2005): 107–23. http://dx.doi.org/10.2166/wp.2005.0007.

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A comprehensive program of water institutional reforms has been implemented in South Africa since 1994. These reforms followed some major reform on the political and economic fronts. The institutional changes that occurred in the water sector covered the policy legal, and organizational dimensions of water allocation and management and affected all water sub-sectors including environmental allocations. The reform process has culminated in a new national water policy, a national water act and a national water resources strategy. Substantial organizational changes have also occurred with a focus

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Klaaren, Jonathan. "Current Demographics in Large Corporate Law Firms in South Africa." African Journal of Legal Studies 8, no. 1-2 (2015): 174–81. http://dx.doi.org/10.1163/17087384-12342059.

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By contrast with the judges and the advocates, the issue of race and gender representivity in the attorneys segment of the legal profession generally and in large corporate law firms specifically has not received significant attention, in part due to the lack of accurate statistics and a thin research tradition. Addressing the gap, a 2013 survey investigated the demographics of legal professionals in large corporate law firms in South Africa. The chief finding of the survey is that South Africa’s major corporate law firms are still dominated by white men, especially in their upper echelons. Fu

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de Beer, Johan, Frederik J. Mostert, and Jan Hendrik Mostert. "The claims handling process of engineering insurance in South Africa." Risk Governance and Control: Financial Markets and Institutions 5, no. 2 (2015): 15–21. http://dx.doi.org/10.22495/rgcv5i2art2.

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Due to technological developments, the complicated world of engineering and its associated products are continuously becoming more specialized. Short-term insurers provide engineering insurance to enable the owners and operators of engineering assets to combat the negative impact of the associated risks. It is, however, a huge challenge to the insurers of engineering insurance to manage the particular risks against the background of technological enhancement. The skills gap in the short-term insurance market and the engineering environment may be the main factor which inhibits the growth of th

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Evans, Roger G. "The abuse of the process of the court in friendly sequestration proceedings in South Africa." International Insolvency Review 11, no. 1 (2002): 13–34. http://dx.doi.org/10.1002/iir.92.

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SAMARARATNE, Dinesha. "From South Africa to Sri Lanka: Prospects of Travel for ‘Transformative Constitutionalism’." Asian Journal of Comparative Law 15, no. 1 (2020): 45–68. http://dx.doi.org/10.1017/asjcl.2020.4.

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AbstractWhat lessons can we learn from the way in which the South African experience of transformative constitutionalism was invoked in Sri Lanka's recent constitutional reform experience? What conditions allow experiences of transformative constitutionalism to travel? In this article, I respond to these two questions, using Frankenberg's idea of a ‘layered approach’ in comparative constitutional law. My analysis affirms that in the comparative enterprise, a thick explanation that allows each experience to ‘speak for itself’ heightens the value of a comparative example. In the case of South Af

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An, J., and A. Mikhaylov. "Russian energy projects in South Africa." Journal of Energy in Southern Africa 31, no. 3 (2020): 58–64. http://dx.doi.org/10.17159/2413-3051/2020/v31i3a7809.

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From early 2019, South Africa and Russia have planned to increase their energy trade. Russia can become one of the world’s five largest energy exporters. This study examines of the cost of a kilowatt of electricity generated by coal power projects in South Africa and compares nuclear electricity with other types of green energy. This method must help to improve the management decision-making process in South Africa for energy exporta. Reasons for this persistence include the marketing strategies of Russian companies for seeking new markets in industrialised and postindustrial countries where,

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Ikhariale, M. A. "THE DOCTRINE OF LEGITIMATE EXPECTATIONS: PROSPECTS AND PROBLEMS IN CONSTITUTIONAL LITIGATION IN SOUTH AFRICA." Journal of African Law 45, no. 1 (2001): 1–12. http://dx.doi.org/10.1017/s0221855301001572.

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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 reconstr

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Iwu, Chux Gervase. "Kulula.com, South Africa – a case study." Emerald Emerging Markets Case Studies 1, no. 1 (2011): 1–3. http://dx.doi.org/10.1108/20450621111124433.

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Subject area Human resource management; primarily employment law impacting on employment relations. Study level/applicability Second year (or 200 level) students up to post graduate programmes in Business Management, Human Resources Management and Law. Case overview The world is still fascinated by South Africas transition to democracy; what with stories of massacre (Sharpeville, etc.) of those who dared challenge white supremacy and the battle for prominence between the African National Congress and the Inkatha Freedom Party. Since gaining independence, South Africa has attracted investors fr

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Gabru, N. "Dilemma of Muslim women regarding divorce in South Africa." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 7, no. 2 (2017): 43. http://dx.doi.org/10.17159/1727-3781/2004/v7i2a2849.

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On a daily basis people enquire about the dissolution of Islamic marriages, in terms of South African law In South Africa. There exist no legal grounds for obtaining a divorce in a South African court, for persons married in terms of the Islamic law only. The reason for this is due to the fact that Muslim marriages are currently not recognised as valid marriages in terms of South African law. The courts have stated that the non-recognition of Islamic marriages is based on the fact that such marriages are potentially polygamous.In South Africa, marriages may be dissolved by the death of one of

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Meel, B. L. "Drowning deaths in Mthatha area of South Africa." Medicine, Science and the Law 48, no. 4 (2008): 329–32. http://dx.doi.org/10.1258/rsmmsl.48.4.329.

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Deaths by drowning are a serious public health problem worldwide. They are under-investigated and hence under-estimated. Drowning is an important and preventable cause of death. This paper aims to estimate the deaths by drowning in Mthatha area of South Africa. Records of the medico-legal autopsies in Umtata General Hospital (UGH) were reviewed from 1993 to 2004. All cases of unnatural death are brought by the police to UGH mortuary. Three hundred and forty-three cases of death as a result of drowning were recorded over a period of 12 years (1993-2004). There was an increased trend of drowning

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Weldehaimanot, Simon M., and Daniel R. Mekonnen. "The Nebulous Lawmaking Process in Eritrea." Journal of African Law 53, no. 2 (2009): 171–93. http://dx.doi.org/10.1017/s0021855309990027.

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AbstractThis article contrasts the lawmaking process in the Eritrean transitional legal framework with experience in South Africa, which offers insightful lessons for future improvement in Eritrea. Indeed, the Eritrean lawmaking process retains many imperfections in terms of the design of the interim constitution and ensuing practice. On paper, the competence of the executive and the legislature is not clearly demarcated. Rather, it is nebulously shared between both branches, resulting inevitably in competing interests. The lawmaking process lacks democratic characteristics and defies the requ

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Williams, Sope. "The Use of Exclusions for Corruption in Developing Country Procurement: The Case of South Africa." Journal of African Law 51, no. 1 (2007): 1–38. http://dx.doi.org/10.1017/s002185530600026x.

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AbstractThe South African public procurement system is regulated by a constitutional framework and legislation applicable to all tiers of government. An interesting feature of the system is that suppliers may be excluded from government contracts for breaches of procurement or anti-corruption legislation. This article critically examines corruption-related exclusions. It is suggested that there is likely to be a number of problems with the implementation of these exclusions. First, it is not clear how effective they will be in meeting the government's anti-corruption policy. Secondly, in respe

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Ruban, L. S. "South Africa: Restitution, equality and justice." RUDN Journal of Sociology 20, no. 4 (2020): 996–1001. http://dx.doi.org/10.22363/2313-2272-2020-20-4-996-1001.

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The article is a review of the book Another Country. Everyday Social Restitution by Charlene Schwartz (Cape Town; 2016). The author believes that the history of South Africa is complex and contradictory, and the problem of equality, justice and regulation of race relations is actual under overcoming the apartheid - when passions ran high, and black South Africans want to put an end to the shameful past, when their human dignity was violated, their children did not have a decent future, because they could not get education and profession, and the cherished dream of the black child was to become

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Ntsanyu Nana, Constantine. "Sexual Harassment in the Workplace in South Africa: The Unlimited Vicarious Liability of Employers?" Journal of African Law 52, no. 2 (2008): 245–67. http://dx.doi.org/10.1017/s0021855308000119.

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AbstractThe South African Supreme Court of Appeal and Constitutional Court have ruled that the employer is vicariously liable for sexual violence perpetrated by his employee on a co-employee or on a third party in the workplace or in what can be considered as an extension of the workplace. This is similar to the current position in the United Kingdom. This article questions the rationale of holding employers vicariously liable for intentional acts of employees such as sexual harassment. In a bid to justify their position, these courts have adopted a sort of vicarious liability with no outer li

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Mupangavanhu, Yeukai. "Towards an Extensive Statutory Protection of Consumers in Timeshare Agreements: A Comparative Perspective." African Journal of International and Comparative Law 29, no. 1 (2021): 117–37. http://dx.doi.org/10.3366/ajicl.2021.0353.

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Timeshare property interest has become a major business worldwide. The protection of consumers in various timeshare-related contracts has been characterised by challenges due to outdated laws, lack of appropriate legislation as new products are introduced on the market as well as the inclusion of unfair terms. The European Union (EU) adopted the Timeshare Directive 2008/122/EC which governs a broad range of timeshare-related contracts, namely: timeshare, long-term holiday products, and resale and exchange contracts. In comparison, South Africa and Kenya do not have consolidated legislation tha

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Phooko, Moses Retselisistoe. "Revisiting the Monism and Dualism Dichotomy: What does the South African Constitution of 1996 and the Practice by the Courts tell us about the Reception of SADC Community Law (Treaty Law) in South Africa?" African Journal of International and Comparative Law 29, no. 1 (2021): 168–82. http://dx.doi.org/10.3366/ajicl.2021.0356.

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The jurisprudence of the (suspended) SADC Tribunal shows that the Tribunal was prepared to utilise the principles of democracy, human rights and the rule of law contained in the Treaty of the Southern African Development Community (SADC Treaty) to ensure that SADC member states fulfil their treaty obligations. The decisions rendered by the SADC Tribunal and the participation of the South African former President in a process that halted the functioning of the Tribunal have brought interesting legal developments in the South African legal system in so far as the reception and application of SAD

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Nagy, Rosemary. "Violence, Amnesty and Transitional Law: “private” Acts and “public” Truth in South Africa." African Journal of Legal Studies 1, no. 1 (2004): 1–28. http://dx.doi.org/10.1163/221097312x13397499735869.

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AbstractWhereas amnesty is generally associated with impunity and denial, in South Africa, amnesty was pulled into the reach of justice and reconciliation. This article assesses the extent to which South Africa's amnesty fulfilled these normative goals. It centers on the difficulty of differentiating between “private” acts and “political” crimes deserving of amnesty. It argues that the determination of political crimes obfuscated the full extent of apartheid violence and responsibility for it. Consequently, the amnesty process produced a truncated “truth” about apartheid violence that was insu

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Dlamini, Siyanda. "South African Police Services Officials` Perceptions of Community-Police Relations in Durban, South Africa." International Journal of Criminology and Sociology 10 (December 31, 2020): 224–30. http://dx.doi.org/10.6000/1929-4409.2021.10.27.

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Police officers’ views about police-citizen relationships are shaped not only by opportunities to interact with community residents during normal police work but also in part by efforts due to the larger police mission of encouraging and supporting such attitudes. In recent years, police in different countries has shifted from the traditional reactive form of policing towards community-oriented approaches. Hence, the purpose of this paper is to explore police officers’ views of citizen-police relationships and community policing in Durban, South Africa. A qualitative research approach was adop

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Slinn, Peter. "A Fresh Start for Africa? New African Constitutional Perspectives for the 1990s." Journal of African Law 35, no. 1-2 (1991): 1–7. http://dx.doi.org/10.1017/s0021855300008329.

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This seems a particularly appropriate time to devote a double issue of the Journal to one topic—constitutional law. Throughout sub-Saharan Africa, there is blowing a wind of political change comparable with that identified by British Prime Minister Harold Macmillan in his famous speech to the South African parliament in Cape Town on 3 February, 1960. The source of that wind was African national consciousness which was impelling the process of decolonisation: in that year, 1960, most of the francophone African states discussed by Reyntjens and Nigeria became independent. By 1968, the process wa

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