Academic literature on the topic 'Fishery – Law and legislation – South Africa'
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Journal articles on the topic "Fishery – Law and legislation – South Africa"
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Goolam, Nazeem. "Recent Environmental Legislation in South Africa." Journal of African Law 44, no. 1 (2000): 124–28. http://dx.doi.org/10.1017/s0021855300012109.
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Section 24 of the Constitution of the Republic of South Africa, Act 108 of 1996, provides:“Everyone has the right(a) to an environment that is not harmful to their health or well-being; and(b) to have the environment protected, for the benefit of present and future generations, through reasonable legislative and other measures that(i) prevent pollution and ecological degradation;(ii) promote conservation; and(iii) secure ecologically sustainable development and use of natural resources while promoting justifiable economic and social development.”
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CORDEIRO-RODRIGUES, Luis. "South African Animal Legislation and Marxist Philosophy of Law." Cultura 16, no. 1 (January 1, 2019): 23–28. http://dx.doi.org/10.3726/cul012019.0002.
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Marxist Philosophy as an explanation of social reality has, since the fall of the Berlin Wall, been largely neglected. However, some philosophers have contended that it may still be relevant to explain today’s social reality. In this article, I wish to demonstrate precisely that Marxist philosophy can be relevant to understand social reality. To carry out this task, I show that Marxist philosophy of law can offer a sound explanation of Animal law in South Africa. My argument is that South African law is a superstructure that reinforces the power of the animal farming industry in South Africa. That is, the hidden purpose of the law is to benefit the industry. In order to argue for this, I present two sets of arguments. The first set argues that the law facilitates the functioning of the animal farming industry. In the second set of arguments I contend that the law socialises individuals into approving the methods of slaughtering by the animal farming industry.
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Govender, Sandra. "Sexual Harassment: The South African Perspective." International Journal of Discrimination and the Law 7, no. 1-4 (September 2005): 229–51. http://dx.doi.org/10.1177/135822910500700409.
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Sexual harassment is not a new phenomenon in South Africa but until recently nothing significant was done to address it. The problem is currently being addressed through legislation aimed at prevention and eradication. Sexual harassment in the employment environment is an area of great concern. With the advent of new legislation a positive duty has been placed on employers to take steps to combat the problem. Cases have already been brought before the South African courts in terms of the new legislation and the courts have shown no hesitation in implementing the law. Recent decisions have spelt victory for victims of sexual harassment whilst sending out a clear message to perpetrators and employers. The approach adopted by the courts is a laudable one. The scene has been set in South Africa for the eradication of sexual harassment. The last step is the creation of a culture of non-victimisation. Employers have a crucial role to play as far as their employees are concerned. New legislation does address this issue but awareness is necessary to enable individuals to exercise their rights without fear of victimisation. This is of paramount importance if the various pieces of legislation are to achieve their objectives.
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Storm, Ansia, and Katrina Coetzee. "Towards Improving South Africa's Legislation On Tax Evasion: A Comparison Of Legislation On Tax Evasion Of The USA, UK, Australia And South Africa." Journal of Applied Business Research (JABR) 34, no. 1 (December 29, 2017): 151–68. http://dx.doi.org/10.19030/jabr.v34i1.10106.
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The fight against tax evasion in South Africa is an ongoing battle. The tools available to law enforcement boil down to legislation and the enforcement thereof. The purpose of the study that was done for this article was to compare available legislation of the United States of America, United Kingdom, Australia and South Africa to determine if South Africa’s legislation can be improved. This was done by studying the relevant literature and legislation of all four countries. The findings, that there is some clauses that can be added to improve South Africa’s legislation, were confirmed by analyzing the legislation available. In theory, the results have proven that although South Africa’s legislation can compete with that of the United States of America, United Kingdom and Australia, there is some improvement that can be considered. This is of value to the individuals and professionals who deal with the offence of tax evasion on a daily basis, ensuring that the reviewed legislation will deter perpetrators or that the charges brought against them in the court of law will ensure harsher punishment.
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Clifford-Holmes, Jai K., Carolyn G. Palmer, Chris J. de Wet, and Jill H. Slinger. "Operational manifestations of institutional dysfunction in post-apartheid South Africa." Water Policy 18, no. 4 (January 29, 2016): 998–1014. http://dx.doi.org/10.2166/wp.2016.211.
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At the centre of the water law reform process initiated by the first democratic government of the Republic of South Africa (RSA) lay the challenge of transforming away from apartheid water injustices. Reform culminated in the promulgation of new legislation, regarded internationally as ambitious and forward-thinking legislation reflective of the broad aims of integrated water resource management (IWRM). However, implementation of this legislation has been challenging. This paper analyses institutional dysfunction in water management in the Sundays River Valley Municipality (Eastern Cape Province, RSA). A transdisciplinary approach is taken in addressing the failure of national law and policy to enable the delivery of effective water services in post-apartheid RSA. A case study is used to explore interventions to promote effective water supply, locating these interventions and policies within the legislative structures and frameworks governing the water sector. We suggest that fine-grained institutional analysis together with learning from persistent iterative, adaptive practice, with principled goals intact, offers a pragmatic and achievable alternative to grand-scale policy change.
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Irons, Alastair, and Jacques Ophoff. "Aspects of Digital Forensics in South Africa." Interdisciplinary Journal of Information, Knowledge, and Management 11 (2016): 273–83. http://dx.doi.org/10.28945/3576.
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This paper explores the issues facing digital forensics in South Africa. It examines particular cyber threats and cyber threat levels for South Africa and the challenges in addressing the cybercrimes in the country through digital forensics. The paper paints a picture of the cybercrime threats facing South Africa and argues for the need to develop a skill base in digital forensics in order to counter the threats through detection of cybercrime, by analyzing cybercrime reports, consideration of current legislation, and an analysis of computer forensics course provision in South African universities. The paper argues that there is a need to develop digital forensics skills in South Africa through university programs, in addition to associated training courses. The intention in this paper is to promote debate and discussion in order to identify the cyber threats to South Africa and to encourage the development of a framework to counter the threats – through legislation, high tech law enforcement structures and protocols, digital forensics education, digital forensics skills development, and a public and business awareness of cybercrime threats.
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Hoexter, Cora. "Administrative Justice in Kenya: Learning from South Africa's Mistakes." Journal of African Law 62, no. 1 (February 2018): 105–28. http://dx.doi.org/10.1017/s0021855318000025.
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AbstractThe wording of article 47 of Kenya's Constitution of 2010 is almost identical to that of the section 33 rights to just administrative action in South Africa's 1996 Constitution. Like section 33, article 47 mandates the enactment of legislation to give effect to these constitutional rights, and Kenya's Fair Administrative Action Act 4 of 2015 was strongly influenced by the equivalent South African legislation, the Promotion of Administrative Justice Act 3 of 2000 (PAJA). South Africa can thus be regarded as a sort of laboratory for Kenyan administrative justice. The aim of this article is to highlight some of the South African experience in relation to section 33 and the PAJA in the hope that Kenya will learn from some of South Africa's mistakes. It argues that the Kenyan courts should avoid following the example of their South African counterparts in allowing their mandated legislation to become almost redundant.
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Greenleaf, Graham. "Solving the Problems of Finding Law on the Web: World Law and DIAL." International Journal of Legal Information 29, no. 2 (2001): 383–419. http://dx.doi.org/10.1017/s0731126500009483.
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Despite its recent development, the Web already contains an astonishing variety of legal materials from dozens of countries. Significant collections of legislation are already available on the Web from over 50 countries. The full text is available on the Web of all legislation from almost all the jurisdictions of the USA, Canada, Australasia, many Latin American countries and some European countries (such as Norway and Germany), and extensive collections from many other European counties (such as the United Kingdom, France, Spain, Portugal). Substantial collections of legislation are available from many developing countries, including India, Turkey, Kazakhstan, South Africa, Vietnam, Zambia, China, Mexico and Israel.
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Rantsane, Ditaba Petrus. "The Origin of Arbitration Law in South Africa." Potchefstroom Electronic Law Journal 23 (November 3, 2020): 1–27. http://dx.doi.org/10.17159/1727-3781/2020/v23i0a8963.
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This article seeks to trace the historical origin of arbitration as it is currently practised in South Africa. The resort to alternative dispute resolution methods has existed since time immemorial. The practice of arbitration was identified in the Bible when it was practised by King Solomon. South African traditional communities practised arbitration before the arrival of Western nations in South Africa, who brought with them their norms and practices. The community entrusted the responsibility of resolving disputes amicably to the headman, the Chief or the King. The practice of traditional alternative disputes resolution was disrupted by colonialism, which introduced Roman-Dutch law and subsequently English law influences. The aim of the parties under both Roman-Dutch law and English law was to steer their disputes away from courtrooms with their rigid rules and procedures. Hence the resort to arbitration. Through the passage of time, the parties lost respect for arbitration. Judicial intervention became a necessary tool to enforce the agreement to arbitrate or the subsequent award.
A concern was raised in some quarters regarding the South African arbitration legislation that stagnated in 1965 when it was enacted. The sophisticated legal system and the impartial and independent judiciary, provided a strong support to arbitration and its autonomy. The firm judicial support did not detract from the necessity for a complete overhaul of the arbitration prescript, which might position South Africa as the hub of commercial arbitration in Africa and globally. The enactment of the International Arbitration Act, 2017 marked a great milestone towards achieving that goal. Arbitration is embedded in the fabric of South African commercial dispute resolution.
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Abduroaf, Muneer. "Application of the Islamic Law of Succession in South Africa." Obiter 41, no. 2 (October 1, 2020): 396–409. http://dx.doi.org/10.17159/obiter.v41i2.9159.
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Muslims have been living in South Africa for over 300 years. There are over 750 000 Muslims living in South Africa today. These persons constitute a minority religious group in a non-Muslim country. Muslims are required in terms of their religion to follow Islamic law. There has (to date) been no legislation enacted by the South African parliament that gives effect to Islamic law. South African Muslims can however make use of existing South African law provisions in order to apply certain Islamic laws within the South African context. This article looks at the practical application of the Islamic law of succession and administration of estates within the South African context by way of a fictitious scenario. It highlights some of the problem areas when a Muslim testator or testatrix bequeaths his or her estate in terms of Islamic law by means of a will (Islamic will).
Dissertations / Theses on the topic "Fishery – Law and legislation – South Africa"
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Martin, Lindsay. "Fisheries management, fishing rights and redistribution within the commercial chokka squid fishery of South Africa." Thesis, Rhodes University, 2005. http://hdl.handle.net/10962/d1007500.
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The objective of this thesis is to analyse the management and redistribution policies implemented in the South African squid industry. This is done within the broader context of fisheries policies that have been implemented within the South African fishing industry as the squid industry has developed. The study therefore has an institutional basis, which reviews the development of institutional mechanisms as they have evolved to deal fisheries management problems. These mechanisms (which can either be formal or informal) consist of committees, laws and constitutions that have developed as society has progressed. Probably the most prominent of these, in terms of current fisheries policy, is the Marine Living Resources Act (MLRA) of 1998. The broad policy prescription of the MLRA basically advocates the sustainable utilisation of marine resources while outlining the need to restructure the fishing industry to address historical imbalances and to achieve equity. It is this broad objective that this thesis applies to the squid fishery. The primary means of achieving the above objective, within the squid industry, has been through the reallocation of permit rights. These rights also provide the primary means by which effort is managed. A disruption in the rights allocation process therefore has implications for resource management as well. Permits rights can be described as a form of use right or propertY right. These rights are structured according to their operational-level characteristics, or rules. Changing these rules can thus affect the efficiency or flexibility of a rights based system. This is important because initial reallocation of rights, by the Department of Environmental Affairs and Tourism (DEAT), was based on an incomplete set of rights. This partly led to the failure of early redistribution attempts resulting in a "paper permit" market. Nevertheless, this thesis argues that redistribution attempts were based on ill-defined criteria that contributed to the failure described above. In addition to this the method through which redistribution was attempted is also questionable. This can be described as a weak redistribution strategy that did not account for all equity criteria (i.e. factors like capital ownership, employment or relative income levels). This thesis thus recommends, among other things, that an incentive based rights system be adopted and that the design of this system correctly caters of the operational-level rules mentioned above. In addition to this a strong redistribution, based on fishing capital, ownership, income and the transfer of skills, should be implemented.KMBT_363
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Mbane, Nontuthuzelo Nosisa. "The South African marine fisheries policy since 1994." Thesis, Cape Technikon, 2004. http://hdl.handle.net/20.500.11838/1664.
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Dissertation (MTech( Public Management))--Cape Technikon, Cape Town, 2004Marine resources play a major role in sustaining the economy and social development of the nation and contribute to national economy, to employment and security of the local community. The South African fisheries management was conducted largel)' with political default. This denied most fishers access to marine resources. Since the democratic election of 1994, the government was left with the challenge to re-allocate rights in a way that would ensure that the under-presentation of historical disadvantaged individuals (HDl's) in the fishing industry would be corrected. The laws and regulations related to marine fisheries were also revised. The Marine Living Resources Act, No. 18 of 1998 attempted transformation in the fishing industry but lacked clear guidelines which led to litigation and crises in the fishing industry as many fishers were unhappy with the whole process. Marine fisheries policy was established and published in 1997 to address those historical imbalances by introducing the fishing right system of allocating rights to represent the national demographics of the country. This report seeks to describe the theory of the South African fishing industry, policy developments and the current status of permit allocation in South Africa. It will also examine the effectiveness in the implementation of the marine fisheries policy for South Africa. It will focus on the distribution of marine resources for commercial fishing purposes.
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Mather, Diarmid John. "Fishing rights, redistribution and policy : the South African commercial T.A.C. fisheries." Thesis, Rhodes University, 2005. http://hdl.handle.net/10962/d1007531.
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The main objective of this thesis is to provide an analysis of the economic logic behind fisheries policy and redistribution in South African. An examination of the institutional and organizational evolution reveals that South African fisheries policy followed the world trend in the movement toward quota management systems. However, it is argued that due to the peculiarities of the Apartheid political system, South Africa developed a unique and persistent structure of individual fishing rights that resulted in a transfer of power from the fisher to monopsonistic, and subsequently vertically integrated, fish processing companies. Problems, however, arose with the need to redistribute fishing rights to previously repressed racial groups. It is proposed that, within a specific form (TAC), the structure of individual fishing rights can be decomposed into four operational rules, namely, the right of participation, asset size, tradability and duration of term. Policy design is restricted to a feasible set of rules that impact on the flexibility of the system, the incentives facing private fishing companies and fishers, the efficiency of the fisheries management plan and finally the effect it has on a redistribution strategy. Within this analytical framework, South Africa's policy yields a very flexible system favourable to monopsonistic industrial organisation. However, by adding a redistribution constraint, this structure has a number of important effects. First, as new quota holders are added the information costs for effective fisheries management increase exponentially. Second, the transaction costs to private fishing companies are increased. Third, only the resource rent is redistributed (weak redistribution). Next, the micro to small vessel fisheries, the medium vessel fisheries and the large vessel fisheries are examined separately. The major aim is to determine, within the available data, the effect that a weak redistribution policy (redistribution of the resource rent), has on strong redistribution (redistribution of fishing capital and skills). The evidence definitely supports the analytical framework and suggests that fundamentally the structure of individual fishing rights, which evolved in response to a monopsonistic industrial organisation during the apartheid era in South Africa, works against strong redistribution. Also, that different fisheries face different constraints and that these should in certain instances be treated separately.
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Tembo, Danai. "The disparities arising in the policing of consumptive and non-consumptive marine activities." Thesis, Nelson Mandela Metropolitan University, 2010. http://hdl.handle.net/10948/1383.
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The South African marine environment is utilised for both consumptive and non-consumptive activities and for those activities to continue sustainably it is important that these activities be monitored and policed. South Africa's environmental legislation is structured to do just that; outlining specific regulations for all consumptive and non-consumptive activities that can be conducted in the marine environment. Some disparities have been observed regarding the policing of consumptive and non-consumptive marine activities, and these disparities were analysed by means of several case studies and semi-structured key informant interviews. Case studies covered both consumptive (abalone poaching and Illegal, Unreported and Unregulated fishing) and non-consumptive activities (the sardine run and tiger shark diving) currently being conduct in the marine environment. Key informant interviews collected opinions from legal practitioners who felt that the legislation was solid but poorly implemented; and non-consumptive operators who felt that the legislation was implemented in a way that made it difficult for non-consumptive and ecotourism activities to thrive. The poor implementation has resulted in a situation which seems to promote consumptive crimes instead of curbing them.
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Mackenzie, Bernard Louis. "An assessment of the shore baitfishery in the Eastern Cape." Thesis, Rhodes University, 2005. http://eprints.ru.ac.za/165/.
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Teny, Jamual Peter Malual. "Comparing child justice legislation in South Africa and South Sudan." Thesis, Nelson Mandela Metropolitan University, 2012. http://hdl.handle.net/10948/d1020941.
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The legal framework and legislation governing the rights of the children have become of great concern in modern societies, particularly, in the area of criminal justice and human rights. The Convention on the Rights of the Child and African Charter on the Rights and Welfare of the Child are basic international and regional conventions regulating the rights of the children and include how to deal with children in conflict with the law. States parties to these conventions are required to take appropriate measures, which includes enactment of legislation to give effect to these rights. Legislative instruments must address the following issues: The principle of the best interest of the child; the age of criminal responsibility; restorative justice; diversion; and the trials of children in conflict with the law. The above-mentioned instrument require and emphasise the use of an alternative approach in respect of the children who are in conflict with law. In this research a comparative approach is used to compare the South African and South Sudanese child justice legislative instruments. The legislative instruments pertaining to child justice in both countries are set out and compared. It is concluded that the South African legislative instruments are more aligned to the Convention on the Rights of the Child and African Charter on the Rights and Welfare of the Child. Recommendations and proposals are made to enact to adopt in South Sudan new legislative measures and provisions aim to afford more protection to children in conflict with the law and to strike a better balance between rights of a child and victim of crimes.
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Nzimande, Eric Sibusiso. "Minimum sentence legislation in South Africa." Thesis, Nelson Mandela Metropolitan University, 2012. http://hdl.handle.net/10948/d1012041.
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Legislation regulating minimum sentences in South Africa was re-introduced by sections 51 to 53 of the Criminal Law Amendment Act 105 of 1997 which came into operation on 1 May 1998. These provisions were regarded as a temporary measure to be effective for two years, where after they were extended from time to time. After they had been extended for several times, section 51 was rendered permanent on 31 December 2007 by the Criminal Law (Sentencing) Amendment Act 38 of 2007. At the same time sections 52 and 53 were repealed by the same Act. Minimum sentence legislation was the result of a call by the community for heavier penalties and for the offenders to serve more realistic terms of imprisonment. There was also a general dissatisfaction about the perceived leniency of sentences imposed by the courts for serious crimes. During 1996 and in the wake of these concerns the Minister of Justice requested the South African Law Reform Commission to investigate all aspects of sentencing in South Africa. A Project Committee chaired by a judge of the High Court was appointed and it operated from the late 1996 to March 1998. Minimum sentences for certain serious crimes were one of the options to be investigated by the Project Committee. Consequent to this the Criminal Law Amendment Act 105 of 1997 was promulgated with effect from 1 May 1998. The legislature intended this Act to defer criminal activity, to avoid disparities in sentencing and to deal harshly with perpetrators of serious offences. The subsequent amendments to the Act included the granting of jurisdiction to the Regional court to pass life imprisonment, an automatic right of appeal against life imprisonment in respect of a juvenile accused and identification of circumstances that do not constitute substantial and compelling circumstances. Judicial discretion and departure from prescribed minimum sentences had initially presented a problem regarding its interpretation in a variety of cases in our courts. Eventually our courts came up with a clear interpretation of the meaning of the phrase substantial and compelling circumstances. This research project will analyze the provisions of the Criminal Law Amendment Act 105 of 1997 with regard to minimum sentences for certain serious offences. In the process case law and other literature will be discussed regarding the interpretation of minimum sentence provisions in the Act. Recommendations for legislation which will cover the aspect of sentencing on a wider scale are made.
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Miller, Kristina Claire. "An evaluation of "work-life" legislation in South Africa." Master's thesis, University of Cape Town, 2012. http://hdl.handle.net/11427/4514.
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Tiry, Zaahira. "Political parties in South African law." Thesis, Nelson Mandela Metropolitan University, 2012. http://hdl.handle.net/10948/d1012414.
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This dissertation is a literature study of the legal regime of political parties in post-apartheid South Africa. A constitutional perspective is adopted throughout the study in order to confine the topic to the realm of South African law. Hence, the focus of the study is to identify legal rights contained in chapter two of the Constitution and to also identify other provisions of the Constitution that have a bearing on political parties. As mentioned in the conclusion, section 19 of the Constitution, set the scene for the development of this study. An analysis of the constitutional provisions highlighted in this study, case law and present legislation dealing with political parties reveals that there is a need for comparative research and the adoption of adequate legislation to regulate the functioning of political parties in South Africa. It is submitted that the regulation of parties by statute is required to ensure a just political order whereby the functioning of political parties is in line with the Constitution.
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Crompton, Mark Stanley. "An appraisal of strike law in South Africa." Thesis, University of Port Elizabeth, 2005. http://hdl.handle.net/10948/379.
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The recent amendments made to employment laws and in particular the rewriting of the South African Labour Relations Act has brought into focus the diverse and conflicting interests of employers and employees, which is a concern of labour law analysts. This appraisal of South African of strike law examines the statutory and judicially established labour law in regard to the phenomenon of collective industrial action by employees and the regulation of its occurrence. Historical developments in strike law are traced from the early 1900’s. A period of segregated trade unionism, led ultimately to the introduction of a more inclusive system of regulation, which has in turn been modified to bring the law into line with the new constitutional imperatives. Industrial action occurred, often unregulated and regardless of statutory limitations, and in particular that industrial action which related to mass protest action, now recognized as a specific form of strike. The now repealed Labour Relations Act 28 of 1956 is examined with regard to its strike regulating provisions, and identification of what were then new, unrecognized forms of strike action. It has allowed concepts and principles to be developed, under the unfair labour practice jurisdiction of the Industrial Court, much of which has been incorporated in the new Labour Relations Act. The legislation on strike law, which has been developed over the years, has been refined by the constitutional imperatives introduced to the national legal system. The relevant aspects of the new Constitution Act 108 of 1996 and its pervasive effect on strike law are examined. The right to strike in South African labour law, together with the protection of collective bargaining, is now constitutionally entrenched, and the right to strike is now accepted as a necessary adjunct to collective bargaining. It is necessary to give effect to the Constitution in national legislation, and the Labour Relations Act 66 of 1995 endeavours to accomplish this in chapter IV in regard to strike law, which, it could be argued, limits rather than gives expression to the right to strike. iii The Labour Relations Act of 1995 is then discussed with reference to protected and prohibited strikes, and unregulated strike action. It will be evident that the Act has endeavoured to contain unprocedural and productivity draining industrial action, by subjecting rights disputes to arbitration and Labour Court adjudication, subject to certain exceptions. The recourse to lock-out, as the employer’s prerogative and general corollary of strike action, is briefly discussed. The case law relating to strikes is discussed in respect of both the 1956 Act and the new Labour Relations Act of 1995. Among the issues explored are the strike provisions which have been developed in statute and labour related common law, such as the identification of issues in dispute, notice of strike, the issuing of ultimatums, the audi altarem partem rule and the court’s approach to protected and unprotected strikes. The intention is to determine trends resulting from amendments to the law and draw inferences regarding, in particular, the unregulated form of strikes that occur within the scope of the protections offered by the Act. It is the intention to determine whether the desired effect has been achieved by implementing legislative reforms in response to public policy considerations.
Books on the topic "Fishery – Law and legislation – South Africa"
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Sizani, Richard Khaliphile. Selected aspects of the South African fisheries policy. [Cape Town]: Institute of Marine Law, University of Cape Town, 1991.
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Sports law in South Africa. 2nd ed. Alphen aan de Rijn: Kluwer Law International, 2012.
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Medical law in South Africa. Alphen aan den Rijn, The Netherlands: Kluwer Law International, 2011.
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Africa, South. Aviation legislation in South Africa. Edited by Beek Cor Z. A. Pretoria: Digma, 1990.
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Dorsten, J. L. Van. The law of dividends in South Africa. Cape Town: Obiter Publishers CC, 1993.
Find full textBook chapters on the topic "Fishery – Law and legislation – South Africa"
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Huneberg, Samantha. "What Can the Insurance Distribution Directive “Offer” the South African Microinsurance Model?" In AIDA Europe Research Series on Insurance Law and Regulation, 219–51. Cham: Springer International Publishing, 2020. http://dx.doi.org/10.1007/978-3-030-52738-9_10.
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AbstractThe Insurance Distribution Directive is set to change how insurers and intermediaries design as well as sell insurance products. The provisions of the Directive are far-reaching and are to have a significant impact on consumers. The Directive is heavily pro-consumer and due to its pro-consumer nature, it is to have extensive benefits for consumers. South Africa has recently enacted microinsurance provisions which are now considered formalised insurance products in the country. New legislation has been enacted to regulate microinsurance policies in both life and non-life spheres. Microinsurance is to have a profound impact on a large part of the country’s population. Considering the pro-consumer and extensive nature of the IDD, it is worth considering what the IDD can “offer” the South African microinsurance model, what can South Africa learn from these provisions?
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"Legislation." In South Africa and the Law of the Sea, 475–82. Brill | Nijhoff, 2011. http://dx.doi.org/10.1163/ej.9789004210059.i-534.78.
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Boutros, Andrew. "South Africa." In From Baksheesh to Bribery, 377–416. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780190232399.003.0014.
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The South African legal regime recognizes the role of international law and treaties, and much of South Africa’s anti-corruption legislation has been enacted to give effect to various international conventions and treaties. Accordingly, this chapter will discuss and detail the material developments in respect of bribery and anti-corruption legislation and further consider the interplay between applicable South African legislation and international conventions. This chapter will further, inter alia, cover legal issues relating to certain presumptions applicable to statutory offenses, the nature of what is referred to as “facilitation payments,” how “gifts, gratuities and hospitality” are dealt with in terms of applicable legislation, whistle-blower protection, international cooperation and extradition agreements, and the South African corporate practice regarding the foregoing. Where one is in breach of certain anti-corruption legislation, it should be noted that one may inadvertently also be in breach of South African anti-trust legislation, and these issues will be further considered and detailed herein.
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"National Report for South Africa." In Commencement of Insolvency Proceedings, edited by Kathleen van der Linde. Oxford University Press, 2012. http://dx.doi.org/10.1093/oso/9780199644223.003.0015.
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That South Africa has a mixed legal system is aptly illustrated by the origin and current structure of its insolvency law. Roman-Dutch law, including the procedure of cessio bonorum, was introduced when the Dutch East India Company established a presence at the Cape of Good Hope in 1652. The Ordinance of Amsterdam of 1777 is still regarded as the basis of South African insolvency law. The first local insolvency legislation was enacted under British rule. While the 1829 Cape Ordinance introduced some English bankruptcy principles, it retained certain features of the Ordinance of Amsterdam. The English influence was extended in the subsequent Cape Ordinance 6 of 1843 which in turn formed the basis of insolvency legislation in Natal as well as in the former pre-union republics, the Orange Free State and the Transvaal. After unification in 1910, the Insolvency Act 32 of 1916 was passed. It was replaced by the current Insolvency Act 24 of 1936. This legislation does not codify the law of insolvency but applies alongside the common law principles derived from Roman-Dutch law.
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Villiers, Dawie de. "A comparative analysis of the proposed new cybercrime legislation in South Africa and the situation in Germany and the European Union." In Transnational impacts on law: perspectives from South Africa and Germany, 335–70. Nomos Verlagsgesellschaft mbH & Co. KG, 2017. http://dx.doi.org/10.5771/9783845287775-335.
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Ezumah, Bellarmine, and Suraj Olunifesi Adekunle. "A Review of Privacy, Internet Security Threat, and Legislation in Africa." In Internet and Distributed Computing Advancements, 115–36. IGI Global, 2012. http://dx.doi.org/10.4018/978-1-4666-0161-1.ch005.
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This chapter serves as a collection of works that were done in the area of cybersecurity in Africa—with a focus on four countries representing the cardinal points in Africa: Kenya, Nigeria, Egypt, and South Africa. It presents detailed information on the legislative framework proposed and implemented by these countries to combat and control cybercrimes. Notable among them are the Egypt’s e-Signature Law 15, Kenya’s e-Transaction Bill, Nigeria’s Computer Security and Critical Information Infrastructure Protection Bill, and South Africa’s Electronic Communications and Transaction Act. Equally, these legislative measures were commended, criticized, and factors that militate their implementation are discussed. The ultimate realization is that cybercrime can never be abolished; rather, every effort aims at combating and controlling it in some way. Finally, the chapter posits areas that the African nations can improve in their quest for making cyberspace safer.
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Addink, Henk. "Implementation of the Principles of Good Governance on the National Level outside the EU." In Good Governance, 209–42. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780198841159.003.0015.
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In this chapter, the focus is on the implementation of good governance norms in three countries outside Europe: Australia, Canada, and South Africa. Relating to the implementation of the good governance principles in Australia, we start with the historical background and good governance approaches in the country. There is a classical rule of law and separation of powers but also new administrative law reforms and including the position of the fourth power. Important is the role of the Ombudsman and the relation between good governance and human rights. Especially the principles of participation, transparency and accountability have been worked out. The idea of integrity goes beyond matters of simple ‘legality’. Important is the influx of integrity commissions, ombudsmen and means of judicial and merit review. Although Canada does not have specific legislation that explicitly outlines good governance principles, it is clear that Canada has put them into practice. The Constitution guarantees Canadian citizens ‘peace, order, and good government’. The rule of law provides that every person must abide by the law and Section 15 guarantees equality rights to Canadian citizens. The judiciary is also a source for good governance. Finally, administrative officials are held accountable by judicial review, section 24 of the Charter, and with the ombudsmen. Nevertheless, there is still room for improvement. South Africa has extensively integrated good governance principles into its legal system, but faces the same problems that other developing countries in Africa have. Thus, although South Africa has a sound legal foundation for good governance, lessons can still be learned on how to translate these legal norms into practical application.
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Calabresi, Steven Gow. "Conclusion The American and Westminster Models." In The History and Growth of Judicial Review, Volume 1, 391–96. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780190075774.003.0012.
Full textAbstract:
This concluding chapter identifies the four major causes of the growth and origin of judicial review in the G-20 common law countries and in Israel. First, the need for a federalism umpire, and occasionally a separation of powers umpire, played a major role in the development of judicial review of the constitutionality of legislation in the United States, in Canada, in Australia, in India, and most recently in the United Kingdom. Second, there is a rights from wrongs phenomenon at work in the growth of judicial review in the United States, after the Civil War; in Canada, with the 1982 adoption of the Canadian Charter of Rights and Freedoms; in India, after the Indira Gandhi State of Emergency led to a massive trampling on human rights; in Israel, after the Holocaust; in South Africa, after racist apartheid misrule; and in the United Kingdom, after that country accumulated an embarrassing record before the European Court of Human Rights prior to 1998. This proves that judicial review of the constitutionality of legislation often occurs in response to a deprivation of human rights. Third, the seven common law countries all borrowed a lot from one another, and from civil law countries, in writing their constitutions. Fourth, and finally, the common law countries all create multiple democratic institutions or political parties, which renders any political attempt to strike back at the Supreme Court impossible to maintain.