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Journal articles on the topic 'South Africa. Children's Act, 2005'

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Published: 4 June 2021

Last updated: 1 February 2022

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1

Büchner-Eveleigh, Mariana, and Annelize Nienaber. "Gesondheidsorg vir Kinders: Voldoen Suid-Afrikaanse Wetgewing Aan die Land se Verpligtinge Ingevolge die Konvensie Oor die Regte van die Kind en die Grondwet?" Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 15, no. 1 (2017): 102. http://dx.doi.org/10.17159/1727-3781/2012/v15i1a2459.

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Included in the Convention on the Rights of the Child, 1989 (UN Children's Convention) is the right of children to the highest attainable standard of health. In terms of article 4 of the UN Children's Convention, in implementing the UN Children's Convention state parties must "undertake all appropriate legislative, administrative, and other measures for the implementation of the rights recognised in the present Convention". South Africa showed its commitment to protecting and promoting children's health when it ratified the UN Children's Convention and subsequently adopted the Constitution of

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Pillay, Basil J., and Jerome A. Singh. "‘Mental capacity’, ‘sufficient maturity’, and ‘capable of understanding’ in relation to children: how should health professionals interpret these terms?" South African Journal of Psychology 48, no. 4 (2017): 538–52. http://dx.doi.org/10.1177/0081246317747148.

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South Africa’s Children’s Act 38 of 2005 requires health professionals to determine whether a child possesses ‘sufficient maturity’ and ‘mental capacity’ to make decisions about themselves in relation to surgery, treatment, and HIV testing. Similarly, the National Health Act 61 of 2003 requires a child to be ‘capable of understanding’ to provide informed consent in research. However, neither the Children’s Act nor the National Health Act defines these terms. Moreover, there is no common definition of ‘sufficient maturity’ among healthcare professionals in South Africa. Appreciating how foreign

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Spijker, Arda, and Madelene De Jong. "Family Conferencing: Responsibility at Grassroots Level – A Comparative Analysis between the Netherlands and South Africa." Potchefstroom Electronic Law Journal 24 (April 22, 2021): 1–32. http://dx.doi.org/10.17159/1727-3781/2021/v24i0a9325.

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As family group conferencing is gaining world-wide recognition as an alternative dispute resolution process, this article aims to outline the origin and relevance of this process, which promotes solution-finding to family problems by the family themselves and/or the social network and usually results in a plan or agreement that will be implemented collaboratively by the people involved. Although it was originally used in child protection matters, the process is now used for a wide range of problems pertaining to families and individual family members, including divorce matters, the illness or

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Kruger, Hester B., and Hennie Oosthuizen. "South Africa – Safe Haven for Human Traffickers? Employing the Arsenal of Existing Law to Combat Human Trafficking." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 15, no. 1 (2017): 282. http://dx.doi.org/10.17159/1727-3781/2012/v15i1a2466.

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Having ratified the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, South Africa is obliged to adopt legislative measures that criminalise human trafficking and comply with other standards laid down in this international instrument. However, by mid-2011, South Africa had not enacted the required comprehensive counter-trafficking legislation. The question that now arises is if the absence of such anti-trafficking legislation poses an insurmountable obstacle to the prosecution of traffickers for trafficking-related activities. In asking this questi

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Kruger, Hanneretha. "The Protection of Children's Right to Self-Determination in South African Law with Specific Reference to Medical Treatment and Operations." Potchefstroom Electronic Law Journal 21 (October 15, 2018): 1–34. http://dx.doi.org/10.17159/1727-3781/2018/v21i0a4609.

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The Children's Act 38 of 2005 provides that children over the age of 12 years can consent to their own medical treatment or that of their children, provided they are of sufficient maturity and have the mental capacity to understand the benefits, risks, social and other implications of the treatment (section 129(2)). The predecessor of the Children's Act set the age at which children could consent to medical treatment at 14 years, and no maturity assessment was required (Child Care Act 74 of 1983 section 39(4)). Children over the age of 12 years can consent to the performance of surgical operat

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Olusegun Olaitan Oluwaseyi and Olatawura Oladimeji. "Surrogacy Agreements and the Rights of Children in Nigeria and South Africa." Obiter 42, no. 1 (2021): 20–38. http://dx.doi.org/10.17159/obiter.v42i1.11054.

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Surrogacy agreements help to provide children for persons who cannot achieve conception or carry a child to term themselves. This practice has improved several lives over the years but can also be exploitative for some parties involved, if not adequately regulated.Using the doctrinal research method, this study discusses the rights of children in surrogacy agreements and examines the regulation of the practice in Nigeria and South Africa. This study found that a comprehensive framework regulating surrogacy agreements is lacking in Nigeria, while the practice is regulated in South Africa under

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Basson, Yvette. "Selected Developments in South African Labour Legislation related to Persons with Disabilities." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 20 (May 25, 2017): 1. http://dx.doi.org/10.17159/1727-3781/2017/v20i0a1216.

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In South Africa marginalised groups have historically been afforded legislative protection in order to ensure that the rights of these groups are respected, protected, promoted and fulfilled. Examples of two such groups are older persons, whose rights are provided for in terms of the Older Persons Act 13 of 2006 and children, whose rights are provided for in terms of the Children's Act 38 of 2005. Persons with disabilities have, however, not yet been the subject of dedicated legislation outlining the content of the rights to which they are entitled. As a result of this lack of dedicated legisl

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Boniface, Amanda. "African-Style Mediation and Western-Style Divorce and Family Mediation: Reflections for the South African Context." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 15, no. 5 (2017): 377. http://dx.doi.org/10.17159/1727-3781/2012/v15i5a2529.

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Both Western-styled mediation and African-styled mediation are practised in South Africa. Each of these models is applied in specific social contexts. In this article a brief explanation of what is meant by the term divorce and family mediation is provided. Thereafter the principles and processes of both Western-styled divorce and family mediation and African-styled group mediation are explored. Attention is given to the roles of mediators in both of these models as well as the ubuntu-styled values found in African group mediation. In Africa, there is a tradition of family neighbourhood negoti

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Couzens, Ed. "A very long engagement: The Children's Act 38 of 2005 and the 1993 Hague Convention on the Protection of Children and Cooperation in Respect of Intercountry Adoption." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 12, no. 1 (2017): 53. http://dx.doi.org/10.17159/1727-3781/2009/v12i1a2720.

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This article analyses the intercountry adoptions provisions contained in Chapter 16 of the Children’s Act 38 of 2005, against the standards of the Hague Convention on the Protection of Children and Cooperation in Respect of Intercountry Adoptions, 1993. After a brief overview of the two leading South African cases on intercountry adoption, which stress the importance of having this institution statutorily regulated, the author proceeds to analyse the most significant clauses pertaining to intercountry adoptions contained in the Act, in order to identify the strengths and weaknesses in this new

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Mokwena, Kebogile Mokwena. "Neglecting Maternal Depression Compromises Child Health and Development Outcomes, and Violates Children’s Rights in South Africa." Children 8, no. 7 (2021): 609. http://dx.doi.org/10.3390/children8070609.

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The intention of the South African Children’s Act 38 of 2005 is to provide guarantees for the protection and promotion of optimum health and social outcomes for all children. These guarantees are the provision of basic nutrition, basic health care and social services, optimal family or parental care, as well as protection from maltreatment, neglect and abuse services. However, despite these guarantees, child and maternal mortality remain high in South Africa. The literature identifies maternal depression as a common factor that contributes to negative health and social outcomes for both mother

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Baase, Mathabo. "The Ratification of Inadequate Surrogate Motherhood Agreements and the Best Interest of the Child." Potchefstroom Electronic Law Journal 22 (May 21, 2019): 1–26. http://dx.doi.org/10.17159/1727-3781/2019/v22i0a6083.

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South Africa has developed domestic legislation governing all surrogacy matters within the country. These provisions are contained in Chapter 19 of the Children's Act 38 of 2005. In Ex parte MS; In re: Confirmation of Surrogate Motherhood Agreement 2014 2 All SA 312 (GNP), the commissioning parents did not adhere to the requirement provided by Chapter 19. The parties to the (initially informal) surrogacy agreement authorised the artificial fertilisation of the surrogate mother prior to the confirmation of the surrogate motherhood agreement by the court. In considering the best interest o

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Glynis van der Walt. "A Consideration of Sections 249, 250 and 259 of the Proposed Third Amendment Bill to the Children’s Act in Light of the Best Interests Principle." Obiter 41, no. 4 (2021): 934–47. http://dx.doi.org/10.17159/obiter.v41i4.10496.

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With the promulgation of the Constitution in 1996, national legislative recognition was given to the principle that a child’s best interests are of paramount importance in every matter concerning the child (s 28(2) of the Constitution of the Republic of South Africa, 1996). Section 28(1)(b) expressly provides for the right of a child to family care, parental care or appropriate alternative care. Based on economic and other factors, developing countries like South Africa experience difficulties in meeting the constitutional right of a child to have his or her best interests met and the placemen

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Strode, Ann Elaine, H. Van Rooyen, and T. Makusha. "Is it lawful to offer HIV self-testing to children in South Africa?" Southern African Journal of HIV Medicine 14, no. 4 (2013): 151–54. http://dx.doi.org/10.4102/sajhivmed.v14i4.49.

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Health-facility-based HIV counselling and testing does not capture all children and adolescents who are at risk of HIV infection. Self-testing involves conducting an HIV test at home or in any other convenient space without the involvement of a third party. It is increasingly being argued that it should be incorporated into national HIV-prevention programmes as one of a range of HIV counselling and testing approaches. Although this model of HIV testing is being seen as a new way of reaching under-tested populations, no studies have been conducted on offering it to children. HIV self-tests are

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Stewart, Linda. "Resource constraints and a child's right to legal representation in civil matters at state expense in South Africa." International Journal of Children's Rights 19, no. 2 (2011): 295–320. http://dx.doi.org/10.1163/157181811x547290.

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AbstractSection 28(1)(h) of the South African Constitution bestows the right on every child to have a legal practitioner assigned to the child by the state, and at state expense, in civil proceedings affecting the child, if substantial injustice would otherwise result. Section 28(1)(h) places a positive duty on the state and the practical implementation of this right is dependent on the state's available resources. is paper enquires whether the criteria laid down by the South African Legal Aid Board may limit the realisation of s 28(1)(h) and if so, to what extent. It includes the question whe

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Louw, Anne. "The Constitutionality of a Biological Father's Recognition as a Parent." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 13, no. 3 (2017): 155. http://dx.doi.org/10.17159/1727-3781/2010/v13i3a2688.

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Despite the increased recognition afforded to biological fathers as legal parents, the Children's Act[1] still does not treat fathers on the same basis as mothers as far as the automatic allocation of parental responsibilities and rights is concerned. This article investigates the constitutionality of the differential treatment of fathers in this respect, given South Africa's international obligations, especially in terms of the United Nations Convention on the Rights of the Child, to ensure that both parents have common responsibilities for the upbringing of their child. After a brief conside

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Moodley, P. "Unraveling the Legal Knots around Inter-country Adoptions in De Gree v Webb." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 10, no. 3 (2017): 146. http://dx.doi.org/10.17159/1727-3781/2007/v10i3a2803.

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With reference to the case of De Gree v Webb 2007 SCA 87 (RSA) and developments in the field of international and South African child law, this contribution examines some challenges posed to the judiciary in particular with regard to inter-country adoptions and the application of the best interests of the child principle in this context. In traversing the area of inter-country adoption law against the background of provisions from related international treaties, the author alludes to some key aspects that may require attention in South Africa in years to come. Pending the promulgation of regul

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Sonnekus, JC. "Huweliksluiting én aanneming van kinders kragtens kulturele gebruike in stryd met die reg behoort kragteloos te wees – sed, ex Africa semper aliquid novi." Tydskrif vir die Suid-Afrikaanse Reg 2021, no. 2 (2021): 211–39. http://dx.doi.org/10.47348/tsar/2021/i2a1.

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Section 211(3) of the Constitution of the Republic of South Africa, 1996 provides that no recognition of customary norms may be upheld if such norms are in conflict with either the constitution or any other law that deals specifically with customary law: “The courts must apply customary law when that law is applicable, subject to the Constitution and any legislation that specifically deals with customary law.” The current Recognition of Customary Marriages Act 120 of 1998 deals explicitly with the recognition of customary marriages which are concluded in accordance with customary law (s 1). Cu

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Van der Linde, A., and N. Van Schalkwyk. "Die Reg van die Kind op Kontak met Beide Ouers: Opmerkings na Aanleiding van Onlangse Ontwikkelinge in die Nederlandse Reg." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 14, no. 1 (2017): 67. http://dx.doi.org/10.17159/1727-3781/2011/v14i1a2545.

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This contribution discusses the amendment to section 1: 377a lid 1 BW of 1 March 2009, in Dutch law. According to this provision a child has the right to have contact with both parents as well as with those who have sufficient close personal links with the child. The parent who is not responsible for the physical care of the child has the right and obligation to have contact with the child. The question whether the South African law, through the provisions of section 28 of the Constitution and the Children's Act, provides such a right and obligation, is investigated. Even though the conclusion

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September, Rose, and Mulugeta Dinbabo. "Gearing Up for Implementation: A New Children's Act for South Africa." Practice 20, no. 2 (2008): 113–22. http://dx.doi.org/10.1080/09503150802067286.

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Nwauche, E. S. "ADMINISTRATIVE BIAS IN SOUTH AFRICA." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 8, no. 1 (2017): 35. http://dx.doi.org/10.17159/1727-3781/2005/v8i1a2832.

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This article reviews the interpretation of section 6(2)(a)ii of the Promotion of Administrative Justice Act which makes an administrator “biased or reasonably suspected of bias” a ground of judicial review. In this regard, the paper reviews the determination of administrative bias in South Africa especially highlighting the concept of institutional bias. The paper notes that inspite of the formulation of the bias ground of review the test for administrative bias is the reasonable apprehension test laid down in the case of President of South Africa v South African Rugby Football Union(2) which

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Lutchman, Salona. "Notes: Children, autonomy and statements: The need for a bright-line rule." South African Law Journal 138, no. 3 (2021): 500–508. http://dx.doi.org/10.47348/salj/v138/i3a2.

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Currently, a child cannot provide a statement without parental or guardian consent. This limits the child’s right to participate fully in matters which affect the child. Indeed, it also impacts the fact-finding process of an investigation. In terms of international conventions and the Children’s Act 38 of 2005, child participation is a cornerstone of children’s rights. This note proposes that South African law recognise adolescent autonomy — specifically, an adolescent’s competence to provide a statement in matters affecting the child. An adolescent’s stage of growth (physical and mental) make

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Wakefield, Lorenzo. "The CRC in South Africa 15 years on: does the new Child Justice Act 75 of 2008 comply with international children’s rights instruments?" Northern Ireland Legal Quarterly 62, no. 2 (2020): 167–82. http://dx.doi.org/10.53386/nilq.v62i2.414.

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Article 40 of the United Nations Convention on the Rights of the Child requires states parties to take appropriate measures to ensure that children accused of committing offences are treated in a manner that would ensure that their best interests are upheld. South Africa ratified the CRC in 1995, the provisions of which have influenced the children’s rights clause in its 1996 Constitution. Section 28(1)(g) of the Constitution stipulates that children may not be detained, except as a measure of last resort and, should they be detained, it should be for the shortest appropriate period of time. S

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Gabru, N. "SOME COMMENTS ON WATER RIGHTS IN SOUTH AFRICA." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 8, no. 1 (2017): 1. http://dx.doi.org/10.17159/1727-3781/2005/v8i1a2831.

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Human life, as with all animal and plant life on the planet, is dependant upon fresh water. Water is not only needed to grow food, generate power and run industries, but it is also needed as a basic part of human life. Human dependency upon water is evident through history, which illustrates that human settlements have been closely linked to the availability and supply of fresh water. Access to the limited water resources in South Africa has been historically dominated by those with access to land and economic power, as a result of which the majority of South Africans have struggled to secure

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Marumoagae, Motseotsile Clement. "What Weight (If Any) Should Be Attached to Children's Wishes and Views in Child Relocation Disputes? Lessons from Canada." African Journal of International and Comparative Law 28, no. 3 (2020): 466–87. http://dx.doi.org/10.3366/ajicl.2020.0323.

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This article discusses the participation of children in child relocation disputes in South Africa and Canada. It argues that there is a need for South African courts to recognise the agency of children who are at such a stage of development as to enable them to participate in family law disputes which affect them. It argues that South Africa can learn from Canada which utilises judicial interviews and Voice of the Child Reports to enable children to participate in parental disputes that involve them. This will assist courts to better understand children's views which they should attach adequat

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Numanoglu, Alp, and Andre Theron. "Birth Prevalence of Anorectal Malformations for the Western Cape Province, South Africa, 2005 to 2012." European Journal of Pediatric Surgery 27, no. 05 (2017): 449–54. http://dx.doi.org/10.1055/s-0036-1597945.

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Introduction Anorectal malformations (ARMs) are a major birth anomaly worldwide. South Africa has ethnically and geologically diverse populations. A recent publication indicated an increased birth prevalence of ARMs in the Witwatersrand referral area between 2005 and 2010. The purpose of this study was to determine the birth prevalence of ARM and its various subtypes in the Western Cape referral district over an 8-year period. Methods For an 8-year period from January 1, 2005, to December 31, 2012; retrospective data were collected from the Pediatric Surgical Departments of Red Cross War Memor

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De Wet, Shaun, Ilse Botha, and Marno Booyens. "Measuring the effect of the national credit act on indebtedness in South Africa." Journal of Economic and Financial Sciences 8, no. 1 (2015): 83–104. http://dx.doi.org/10.4102/jef.v8i1.85.

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South Africa continues to exhibit high levels of debt-to-disposable income along with a high number of impaired credit records. The National Credit Act No. 34 of 2005 (NCA) was established in order to address these high levels. This study expands the limited research by investigating the NCA’s ability to reduce levels of over-indebtedness. The study employed quarterly data (2001-2013) in an OLS regression model in order to establish the determinants of over-indebtedness and assess the impact of the NCA. It was found that the macro-economic variables GDP, prime rate, property prices, consumer c

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Eiselen, S. "Digitisation and consumer law in South Africa and Africa." Tydskrif vir die Suid-Afrikaanse Reg 2021, no. 3 (2021): 436–55. http://dx.doi.org/10.47348/tsar/2021/i3a2.

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Die digitale revolusie tydens die laaste drie dekades het ’n enorme impak gemaak op die wyse waarop verbruikers en verskaffers tans optree. Hierdie ontwikkeling skep nou nuwe uitdagings vir verbruikersbeskerming en die regulering van verskaffers. Die verbruikersregbeskermingsmodel waarop bestaande verbruikersregwetgewing in Suid-Afrika en wêreldwyd geskoei is, moet opnuut in oënskou geneem word om te bepaal of dit nog in pas is met die eise van die internetverbruikerswêreld. Die artikel skop af met ’n ontleding van die eienskappe van digitale verbruikers en die soort transaksies wat hulle slui

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Mabe, Zingaphi. "Alternatives to Bankruptcy in South Africa that Provides for a Discharge of Debts: Lessons from Kenya." Potchefstroom Electronic Law Journal 22 (March 12, 2019): 1–34. http://dx.doi.org/10.17159/1727-3781/2019/v22i0a5364.

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The problems faced by debtors in South Africa is not that there are no alternatives to insolvency proceedings, but that the available alternatives do not provide for a discharge of debt as with a sequestration order, which is ultimately what the debtor seeks to achieve. Debtors in South Africa can make use of debt review in terms of the National Credit Act 34 of 2005 or administration orders in terms of the Magistrates' Court Act 32 of 1944 to circumvent the sequestration process. However, both debt review and administration orders do not provide for a discharge of debt and provide for debt-re

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Maroun, Warren, and Harvey Wainer. "To report or not to report." South African Journal of Economic and Management Sciences 16, no. 1 (2013): 13–25. http://dx.doi.org/10.4102/sajems.v16i1.332.

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Whistle-blowing can play an important role in enhancing the effectiveness of corporate governance processes. In particular, legislation mandating that auditors blow the whistle on their clients’ transgressions can assist in overcoming agency-related costs and improve confidence in external audit. This is, however, only the case if regulatory reform enjoys cohesion. The Companies Act No. 71 of 2008, by introducing a definition of ‘reportable irregularities’ different from that in the Auditing Profession Act No. 26 of 2005 (APA); excluding ‘independent reviews’ from the scope of APA; and effecti

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Hunter, Mark. "THE BOND OF EDUCATION: GENDER, THE VALUE OF CHILDREN, AND THE MAKING OF UMLAZI TOWNSHIP IN 1960s SOUTH AFRICA." Journal of African History 55, no. 3 (2014): 467–90. http://dx.doi.org/10.1017/s0021853714000383.

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Abstract‘High apartheid’ in the 1960s was marked by intensified efforts to redraw urban areas along racial lines and quash black South Africans' schooling and employment ambitions. The 1953 Bantu Education Act became infamous for limiting African educational opportunities. Yet this article shows how women in Umlazi Township, outside of Durban, schooled their children – despite and indeed because of apartheid's oppressive educational and urban policies. Drawing on oral histories and archival records, it explores the ‘bond of education’, the gendered material-emotional family connections that en

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Khanderia, Saloni. "The Compatibility of South African Anti-Dumping Laws with WTO Disciplines." African Journal of International and Comparative Law 25, no. 3 (2017): 347–70. http://dx.doi.org/10.3366/ajicl.2017.0199.

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This article evaluates the compatibility of South African laws on anti-dumping with the WTO disciplines set forth in the Anti-Dumping Agreement. It analyses the provisions of the International Trade Administration Act 2002 and the Anti-Dumping Regulations 2005 to examine whether South Africa has been adhering to its WTO obligations. The South African law on this subject is largely incompatible with its WTO counterpart in matters of, inter alia, the calculation of the constructed export price, the determination of material injury and a causal relationship, the imposition of provisional and defi

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Chipeta, Chimwemwe, and Douglas Mbululu. "The effects of the National Credit Act and the global financial crisis on domestic credit extension: Empirical evidence from South Africa." Journal of Economic and Financial Sciences 5, no. 1 (2012): 215–28. http://dx.doi.org/10.4102/jef.v5i1.314.

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This paper examines the impact of the new National Credit Act (NCA) No. 34 of 2005 and the global financial crisis on credit extension provided by all monetary institutions in South Africa. The econometric approach is estimated by way of ordinary least squares while controlling for several macroeconomic factors. The findings indicate that there was a general increase in the consumer credit provision in the period subsequent to the full implementation of the Act. The promulgation of the Act increases credit card, bank overdrafts, other conventional loans and total credit to the private sector c

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Migiro, Stephen. "Post National Credit Act reckless lending in the South African banking industry." Public and Municipal Finance 6, no. 2 (2017): 27–34. http://dx.doi.org/10.21511/pmf.06(2).2017.03.

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One of the main aims of the National Credit Act (NCA) of 2005 in South Africa is to curtail rising consumer over-indebtedness by encouraging credit providers to adopt responsible lending practices. This research study seeks to ascertain whether the NCA’s responsible lending requirements have limited reckless lending by credit providers. Data are collected by a telephonic survey amongst debt counselors and in-depth interviews amongst bank employees. Descriptive statistics are used to analyze data from the descriptive survey, while data from in-depth interviews are analyzed using the thematic ap

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Green, Paul, and Teshani Sewnunan. "Enactment Of The National Credit Act And Its Implication On New And Improved Borrowers Rights In South Africa." Journal of Applied Business Research (JABR) 31, no. 5 (2015): 1757. http://dx.doi.org/10.19030/jabr.v31i5.9389.

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The National Credit Act, 2005 (NCA) was introduced to create a more stable credit market and is applicable to all credit transactions. One of the main objectives of the Act is to establish new and improved rights for credit consumers. As a result, credit providers are obliged to comply with the NCA and enforce the new and improved rights. The purpose of this research paper is to determine if the NCA has established new and improved rights for home loan borrowers. The study utilised a mixed methods approach. Using a convenience sampling technique, a sample size of 250 respondents was used. The

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Strydom, Melissa. "A critique on privately prosecuting the holder of ‘after the fact’ environmental authorisations: Uzani Environmental Advocacy CC v BP Southern Africa (Pty) LtdA critique on privately prosecuting the holder of ‘after the fact’ environmental authorisations: Uzani Environmental Advocacy CC v BP Southern Africa (Pty) Ltd." South African Law Journal 138, no. 3 (2021): 617–48. http://dx.doi.org/10.47348/salj/v138/i3a8.

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There has been much debate about ‘after the fact’ environmental authorisations and the ability to privately prosecute environmental-law offences in South Africa. These two issues came to a head in Uzani Environmental Advocacy CC v BP Southern Africa (Pty) Ltd. This case is the first known private prosecution of environmental-law contraventions in South Africa. BP Southern Africa (Pty) Ltd (‘BPSA’) was privately prosecuted for constructing filling stations without environmental authorisations, allegedly between 1998 and 2005. BPSA submitted ‘rectification’ applications in 2005, paid administrat

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Van Heerden, Corlia Maritha, and Reinhard N/a Stteennot. "Pre-agreement assessment as a responsible lending tool in South Africa, the EU and Belgium: Part 1." Potchefstroom Electronic Law Journal 21 (April 18, 2018): 1–30. http://dx.doi.org/10.17159/1727-3781/2018/v21i0a2950.

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Responsible lending has become a very pertinent issue on the agenda of credit regulators across the globe who seek to combat the causes of consumer over-indebtedness. In this context the use of “pre-agreement assessment” as a tool to filter out those instances where, based on a consumer’s creditworthiness or ability to repay, credit should not be granted to such consumer, is a feature common to the lending regimes of various jurisdictions.This contributionÂ consists of two parts: PartÂ 1 provides a critical discussion of the reckless credit provisions of the National Credit Act 34 of 2005. Par

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Van Heerden, Corlia Maritha, and Reinhard N/a Steennot. "Pre-agreement assessment as a responsible lending tool in South Africa, the EU and Belgium: Part 2." Potchefstroom Electronic Law Journal 21 (April 18, 2018): 1–38. http://dx.doi.org/10.17159/1727-3781/2018/v21i0a2954.

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Responsible lending has become a very pertinent issue on the agenda of credit regulators across the globe who seek to combat the causes of consumer over-indebtedness. In this context the use of "pre-agreement assessment" as a tool to filter out those instances where, based on a consumer's creditworthiness or ability to repay, credit should not be granted to such a consumer, is a feature common to the lending regimes of various jurisdictions. This contribution consists of two parts: Part 1 provides a critical discussion of the reckless credit provisions of the National Credit Act 34 of 2005. Pa

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Jorritsma, Marie. "The Significance of Small Journeys: Travel and the Congregational Music of Kroonvale, South Africa." Nineteenth-Century Music Review 16, no. 02 (2018): 229–47. http://dx.doi.org/10.1017/s1479409817000672.

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In James Clifford’s influential text, Routes (1997), he makes the point that, contrary to the entrenched belief that only the ethnographer is a traveller to faraway places, the local people and communities are also travellers. This article takes his notion as its point of departure and investigates the implications of travel within the context of my research among the members of three church congregations of coloured people in Kroonvale, South Africa, where I undertook fieldwork in 2004 and 2005. Historically, the international journeys of colonial officials, European missionaries and slaves f

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Naicker, Bathmanathan Vasie, and Md Humayun Kabir. "Implementation of South African national credit act and its impact on home loans market: The case of First National Bank." Risk Governance and Control: Financial Markets and Institutions 3, no. 2 (2013): 18–29. http://dx.doi.org/10.22495/rgcv3i2art1.

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Since it has been observed that credit granting is a serious problem across the entire credit market, South Africa introduced National Credit Act 34 of 2005 in order to regulate the credit industry and protect credit consumers from becoming over-indebted. The study highlights and examines the implementation of the Act in relation to the South African home loans market, focussing on First National Bank home loans portfolio. The study documents that the current state of consumer indebtedness shows that both credit institutions and consumers were responsible for over extending retail credit. The

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Rautenbach, Christa. "Editorial." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 15, no. 4 (2017): 1. http://dx.doi.org/10.17159/1727-3781/2012/v15i4a2515.

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This issue contains six diverse contributions on topics ranging from prostitution to rent control, unfair dismissals, civil liberties in Zimbabwe, prospecting rights and insolvency issues. The first article is from Sarah Pudifin (pupil advocate at the KwaZulu-Natal Bar) and Shannon Bosch (senior lecturer in law at the University KwaZulu-Natal), who examine countervailing South African public opinion on the subject of prostitution and identify the factors which might influence these attitudes. Sue-Mari Maass of the University of South Africa in the second article gives a comparative analysis of

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De Villiers, Dawid. "National Credit Regulator Versus Nedbank Ltd and the Practice of Debt Counselling in South Africa." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 13, no. 2 (2017): 127. http://dx.doi.org/10.17159/1727-3781/2010/v13i2a2643.

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The National Credit Regulator approached the then Transvaal Provincial Division of the High Court in 2008 by way of a notice of motion. In this application the Regulator prayed in terms of section 16(1)(b) of the National Credit Act 34 of 2005 (the "NCA") for the proper interpretation of mainly sections 86 and 87 of the same Act. Due to uncertainty and confusion the Regulator lodged an application to obtain clarity on some of the difficulties that debt counsellors experience in practice. The matter was heard in the High Court (TPD) on 02/03/2009 and judgment was handed down by Du Plessis J on

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Fobosi, Dr Siyabulela C. "Covid-19 and Precarity in South Africa’s Minibus Taxi Industry." Social Science, Humanities and Sustainability Research 2, no. 3 (2021): p1. http://dx.doi.org/10.22158/sshsr.v2n3p1.

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This article considers covid-19 and precarity in South Africa’s minibus taxi industry. Covid-19 and the resulting national lockdown interrupted the operations of the industry (like other businesses) in South Africa. During the lockdown (from level 5 to level 1), some taxi operators complained that the lockdown resulted in them losing profit. Taxi drivers also complained that they are making less money through taxi fares (noting that each day they give collected fares to taxi owners and keep some of the money for petrol). The labour inspectors of the Department of Employment and Labour (DOEL) c

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Mhlauli, Mavis Bashingie. "Eyeing Innocent Souls: The trajectory of Domestic violence and children's education in Botswana." Advances in Social Sciences Research Journal 7, no. 1 (2020): 100–111. http://dx.doi.org/10.14738/assrj.71.7613.

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The purpose of this paper is to interrogate the effects of domestic violence among children in Botswana. Domestic violence is a global problem as it affects people from both poor and stable economies. Research has shown that there is a link between domestic violence and child abuse. This link has been shown in and confirmed by various studies conducted in a number of countries including China, South Africa, Colombia, India, Egypt, Philippines and Mexico (Unicef, 2005). Botswana like many countries of the world has a challenge of protecting children from being victims of domestic violence. Most

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Keith-Bandath, Rasheed. "The evasion of Section 187(1)(c) of the Labour Relations Act: National Union of Metalworkers of South Africa v Aveng Trident Steel (a division of Aveng Africa Proprietary Ltd) (JA25/18) [2019] ZALAC 36; (2019) 40 ILJ 2024 (LAC); [2019] 9 BLLR 899 (LAC)." Obiter 41, no. 3 (2021): 642–50. http://dx.doi.org/10.17159/obiter.v41i3.9587.

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Section 187(1)(c) of the Labour Relations Act 66 of 1995 (LRA), has over the years proven to be a controversial section. At the heart of the controversy is the question as to whether an employer may terminate employees’ contracts of employment based on operational requirements in circumstances where they refuse to accept changes to terms and conditions of employment. This question came before the courts on a number of occasions and answered in the affirmative by the Labour Appeal Court in Fry’s Metals (Pty) Ltd v National Union of Metalworkers of SA ((2003) 21 ILJ 133 (LAC)), and confirmed on

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De Jong, M. "Arbitration of family separation issues – a useful adjunct to mediation and the court process." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 17, no. 6 (2014): 2356. http://dx.doi.org/10.4314/pelj.v17i6.04.

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For over half a century now, section 2(a) of the Arbitration Act 42 of 1965 has prohibited arbitration in respect of matrimonial and related matters. In this article it will be illustrated that this prohibition is clearly incompatible with present-day demands. Today there is a strong tendency in public policy towards alternative dispute resolution processes such as arbitration. As any recommendations that arbitration should be applied to family law disputes must be anchored in an analysis of the specific character of the arbitral remedy, the article begins by giving a broad overview of the nat

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Mokoena, JKJ, and PJD Lloyd. "A business model to overcome barriers to entry in the South African downstream petroleum industry." Journal of Energy in Southern Africa 16, no. 2 (2005): 4–13. http://dx.doi.org/10.17159/2413-3051/2005/v16i2a3182.

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The South African downstream petroleum industry was in the hands of Whites and Multinational Oil Companies during the apartheid era. Many Historically Disadvantaged South Africans (HDSA’s) were excluded from the mainstream industry through, among other instruments, laws passed by the government such as the Petroleum Products Act 120 of 1977. Against this background, the newly elected democratic government instituted a policy process aimed at restructuring and transforming the petroleum industry to allow HDSA’s to enter the industry, in order to achieve sustainable presence, ownership and contr

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Noero, Jo. "Seven Reasons why Cam won't Work." Open House International 30, no. 2 (2005): 43–47. http://dx.doi.org/10.1108/ohi-02-2005-b0006.

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The author's experience of low-income self-help housing in South Africa provides some cautionary lessons on the difficulties likely to be encountered in attempting to implement Community Asset Management. Where communities have seen the State co-opt them into accepting responsibility for those services and support for which the State has been traditionally responsible, the result has typically been resistance by the community and ultimately the failure of otherwise finely conceived policies. Only where the community hold the freedom to choose how to shape their lives in terms of those issues w

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Weigel, R., S. Borrmann, J. Kazil, et al. "In situ observations of new particle formation in the tropical upper troposphere: the role of clouds and the nucleation mechanism." Atmospheric Chemistry and Physics Discussions 11, no. 3 (2011): 9249–312. http://dx.doi.org/10.5194/acpd-11-9249-2011.

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Abstract. New particle formation which generates ultrafine aerosol was observed in the continental tropical Upper Troposphere (UT) and Tropical Tropopause Layer (TTL), particularly at the bottom of the TTL, by in situ airborne measurements over South America (January–March, 2005) and West Africa (August, 2006). Measurements with a set of condensation particle counters with different dp50 (50% detection efficiency cut-off particle diameter) were conducted in the altitude range of 12.0–20.5 km on board the high altitude research aircraft M-55 "Geophysica" and at up to 11.5 km altitude on board t

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Fuchs, Michelle MM. "The Impact of the National Credit Act 34 of 2005 on the Enforcement of a Mortgage Bond: Sebola v Standard Bank of South Africa Ltd 2012 5 SA 142 (CC)." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 16, no. 3 (2017): 376. http://dx.doi.org/10.17159/1727-3781/2013/v16i3a2377.

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When a mortgagor is in default and the mortgagee wants to enforce the debt the National Credit Act (hereafter the NCA) may apply. A credit agreement may be enforced in court by a credit provider against a defaulting debtor only once the requirements of sections 129 and 130 of the NCA have been adhered to. If a mortgagor (who is a protected consumer in terms of the NCA) is in default, the mortgagee must deliver a section 129(1) notice to the consumer, thereby drawing the default to the attention of the consumer. For a number of years there has been uncertainty about the interpretation of sectio

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Rowe-Rowe, Kevin. "Are They Qualified and Trained to Manage Disasters?" Prehospital and Disaster Medicine 34, s1 (2019): s102. http://dx.doi.org/10.1017/s1049023x19002103.

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Introduction:In the South African environment, the possibility of lack in the disaster response education and training fraternity was attempted to be mitigated with legislation. The National Disaster Management Framework (2005:162-169) states that national, provincial, and municipal organs of state need to plan, organize, and implement training programs relevant to their respective areas of responsibility. The South African Disaster Management Act (South Africa, 2002:19) encourages a broad-based culture of risk avoidance and the promotion of disaster management education and training throughou

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