To see the other types of publications on this topic, follow the link: South Africa. Children's Act, 2005.
Journal articles on the topic 'South Africa. Children's Act, 2005'
Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles
Consult the top 50 journal articles for your research on the topic 'South Africa. Children's Act, 2005.'
Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.
You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.
Browse journal articles on a wide variety of disciplines and organise your bibliography correctly.
1
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.
Full textAbstract:
Included in the Convention on the Rights of the Child, 1989 (UN Children's Convention) is the right of children to the highest attainable standard of health. In terms of article 4 of the UN Children's Convention, in implementing the UN Children's Convention state parties must "undertake all appropriate legislative, administrative, and other measures for the implementation of the rights recognised in the present Convention". South Africa showed its commitment to protecting and promoting children's health when it ratified the UN Children's Convention and subsequently adopted the Constitution of the Republic of South Africa, 1996, which includes provisions guaranteeing the health rights of children. South Africa also showed commitment to giving legislative effect to the protection and promotion of children's health by promulgating the National Health Act 61 of 2003, the Children's Act 38 of 2005 and the Mental Health Care Act 17 of 2002. The article evaluates existing policy and legislation affecting child health in order to assess how well South African legislation addresses the issue of children's healthcare rights and whether or not it complies with its international law and constitutional obligations in this regard. The article concludes that although much legislation exists, none provides comprehensively for children's healthcare rights, and there are many gaps in existing legislation. Most importantly, there is no reference to the core minimum requirements for the state in providing for the health of children, particularly in the way of healthcare services and nutrition. Further, there is a complete lack of legislation which protects the health needs of children with disabilities. In order to ensure that the health rights of children are protected and promoted, we propose more comprehensive legislative protection.
2
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.
Full textAbstract:
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 law interprets ‘mental capacity’ and how different healthcare professionals evaluate ‘maturity’ could prove illuminative in respect to how these terms could be interpreted by health professionals in South Africa, and elsewhere.
3
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.
Full textAbstract:
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 death of a family member, the care of the elderly, family financial problems, bullying, addiction cases, domestic violence and child justice matters. The process is also suitable for application in problems concerning any group, neighbourhood or school. Next, the application of family group conferencing in both the Netherlands and South Africa is first examined and then briefly compared. It appears that family group conferencing through Eigen Kracht in the Netherlands is an established practice which consists of a relatively simple and quick process and yields positive results for families/communities experiencing problems. Recently the Dutch Youth Act of 2015 (Jeugdwet) made legislative provision inter alia for a family group plan to be drafted by parents, in conjunction with next-of-kin or others who are part of the social environment of a youth/juvenile person. On the other hand, although extensive legislative provision is made for family group conferencing by the Children's Act 38 of 2005 in children's court proceedings and by the Child Justice Act 75 of 2008 in the child justice system in South Africa, the process has not yet reached its potential in terms of the implementation of the concept. Lastly, some recommendations are made which mainly aim to contribute to the implementation of the concept in South Africa, in that the model will eventually be fully developed and utilised for the benefit of individuals, children, their families and/or social network.
4
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.
Full textAbstract:
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 question the article examines the utilisation of existing crimes in order to prosecute and punish criminal activities committed during the human trafficking process. Firstly, a selection of existing common law and statutory crimes that may often be applicable to trafficking-related activities is mapped out. Secondly, transitional trafficking provisions in the Children's Act 38 of 2005 and the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007 are discussed. Finally, since the Prevention and Combating of Trafficking in Persons Bill B7 of 2010 will in all probability be enacted in the near future, the use of other criminal law provisions in human trafficking prosecutions, even after the passing of this bill into law, is reflected upon.
5
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.
Full textAbstract:
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 operations on themselves or their children, provided that they have the level of maturity described above and they are duly assisted by their parents or guardians (Children's Act section 129(3)). Before the Children's Act came into operation, the Child Care Act allowed children over the age of 18 to consent to their own operations (section 39(4)). Neither a maturity assessment nor parental assistance was required. (Note that when the Child Care Act was in operation the majority age was still 21 years.) In this article the question is considered if the relaxation of the limitations on children's capacity to consent to medical treatment and surgical operations in the Children's Act recognises the right of children to make independent decisions without the assistance of their parents or guardians or other substitute decision-makers. Firstly the article investigates the theoretical foundations of the protection of children's rights, particularly their autonomy rights. Secondly the meaning of the concept "competence" in medical decision-making and the related concept of "informed consent" are discussed. Thirdly some developmental and neuroscientific research on children's decision-making capacities and how they influence children's competence to give consent valid in law are highlighted. Fourthly possible legal foundations for the protection of children's right to self-determination in medical decision-making are sought in the Constitution and international and regional human rights treaties. Finally the relevant provisions of the Children's Act are examined in order to ascertain whether children's right to self-determination is sufficiently protected in South African law
6
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.
Full textAbstract:
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 Chapter 19 of the Children’s Act 38 of 2005 (Children’s Act). The lack of a legal framework in Nigeria implies that the rights of children born through surrogacy agreements may be violated. Two Bills are however awaiting passage into law in Nigeria.This study thus recommends the enactment of these Bills into one comprehensive law so as to regulate surrogacy agreements effectively in Nigeria and safeguard the well-being of children. Legislation regulating surrogacy agreements in Nigeria should include provisions similar to those found in the Children’s Act of South Africa. Policies that promote the best interests of the child should be adhered to and their rights to know their biological heritage, identity and nationality, and to prevention from harm, should be protected and promoted.
7
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.
Full textAbstract:
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 legislation, the rights of persons with disabilities are dealt with in a piecemeal fashion, often in disparate pieces of legislation.In addition to this focus on the rights of persons with disabilities, South African labour law has recently undergone extensive amendments. These amendments have led to the rights of persons with disabilities in the workplace being affected substantially. Since these amendments are as yet untested, little scrutiny of these provisions and the effect they may have on persons with disabilities has been undertaken. This article will thus discuss selected amendments of the labour legislation, and interrogate the practical effect these amendments may have on the rights of such persons. Of particular importance for the purposes of this article is the updating of an existing institution known as Sheltered Employment Factories, as well as the introduction of harsher penalties for employers who remain non-compliant with certain provisions of the Employment Equity Act 55 of 1998.
8
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.
Full textAbstract:
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 negotiation facilitated by elders and an attitude of togetherness in the spirit of humanhood. Both of these show a commitment to the community concerned and a comprehensive view of life. In Africa conflicts are viewed as non-isolated events and are viewed in their social contexts. Not only are consequences for the disputing parties taken into account but also consequences for others in their families. These methods can be found in present-day methods, which are either used independently of imported Western structures or used alternatively to such structures. In this article the concept of mediation circles, as currently found in Western-styled mediation are also covered. Additionally, the provisions of the Children’s Act 38 of 2005 referring to mediation as well as the provisions of the Child Justice Act 75 of 2008 and family group conferencing in the realm of restorative justice in South Africa are critiqued. It is suggested that divorce and family mediation can learn from the principles of restorative justice applied during family group conferencing as well as from African-styled group mediation.
9
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.
Full textAbstract:
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 statutory framework. The author concludes that the Children’s Act is a dramatic improvement on the current regime of intercountry adoptions and that it has the potential to make this institution work in the best interests of children.
10
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.
Full textAbstract:
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 mothers and their children. Despite the availability of easy-to-use tools, routine screening for maternal depression is not carried out in public health services, which is the source of services for the majority of women in South Africa. The results are that the mothers miss out on being diagnosed and treated for maternal depression, which results in negative child outcomes, such as malnutrition, as well as impacts on mental, social and physical health, and even death. The long-term impacts of untreated maternal depression include compromised child cognitive development, language acquisition and deviant behaviors and economic disadvantage in later life. The author concludes that the neglect of screening for, and treatment of maternal depression therefore violates the constitutional rights of the affected children, and goes against the spirit of the Constitution. The author recommends that maternal and child health services integrate routine screening for maternal depression, which will not only satisfy the Constitutional mandate, but also improve the health and developmental outcomes of the children and reduce child mortality.
11
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.
Full textAbstract:
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 of the resultant child, the High Court decided to ratify the inadequate surrogate motherhood agreement.
This discussion aims to establish whether the court's judgement in Ex parte MS; In re: Confirmation of Surrogate Motherhood Agreement 2014 2 All SA 312 (GNP) was in accordance with the provisions of current legislation and case law. It furthermore aims to answer two primary questions: firstly, whether adjudicators should make use of the best interest of the child when ratifying inadequate surrogate motherhood agreements; and secondly, in what manner the court should go about implementing the best interest of the child when validating inadequate surrogate motherhood agreements.
It is submitted that courts should refrain from applying the best interest of the child as a constitutional right in inadequate surrogacy matters where the child is yet to be born alive, in accordance with the Digesta Texts. Parties to the invalid agreement should rather be instructed to make use of a section 22 parental responsibilities and rights agreement, a section 28 termination agreement, or adoption as provided for by chapter 15 of the Children's Act.
12
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.
Full textAbstract:
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 placement of an orphaned or abandoned child (OAC) in appropriate alternative care is no exception. In light hereof, the current note considers whether the proposed amendments to the Children’s Act (CA, Act 38 of 2005 as amended) introduced by the Third Amendment Bill (GG 42005 of 2019-02-25), with particular reference to sections 249, 250 and 259 comply with this constitutional right. These three sections are of particular relevance to placing a child in permanent care in the form of both national and intercountry adoption. In particular, section 249 makes provision that no consideration may be given in respect to adoption, section 250 limits the persons who are allowed to provide adoption services and section 259 makes provision for the accreditation for the provision of intercountry adoption services. All three sections are relevant to the adoption process of an OAC. Alternative care options available and the basis for determining which placement decided upon is deemed to be the most appropriate for the child concerned, are considered in light of the proposed amendments. A consideration of the current status of the child welfare system in South Africa as well as the statistics of the many children in need of alternative care, serves to provide a background in determining whether the proposed amendments meet and further the vulnerable OAC’s best interests.
13
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.
Full textAbstract:
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 now available in South Africa and are sold without the purchaser having to be a certain age. Nevertheless, all HIV testing in children must comply with the norms set out in the Children’s Act (2005). Here we explore whether offering self-testing to children would be lawful, by outlining the four legal norms that must be met and applying them to self-HIV testing. We conclude that, although children above the age of 12 years could consent to such a test, there would be two potential obstacles. Firstly, it would have to be shown that using the test is in their best interests. This may be difficult given the potential negative consequences that could flow from testing without support and the availability of other testing services. Secondly, there would need to be a way for children to access pre- and post-test counselling or they would have to be advised that they will have expressly to waive this right. The tests are more likely to be lawful for a small sub-set of older children if: (i) it assists them with HIV-prevention strategies; (ii) they will be able to access treatment, care and support, even though they have tested outside of a health facility; and (iii) psychosocial support services are made available to them via the internet or cell phones.
14
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.
Full textAbstract:
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 whether it is constitutionally permissible for the state to deny legal representation to children on the exclusive grounds of resource constraints. I commence by examining similar but not exact provisions in the Convention of the Rights of the Child (CRC) and the African Charter on the Rights and Welfare of the Child (ACRWC) to establish whether there are provisions that may inform the extent of the positive duty on the state to provide legal representation at state expense to children. is will be followed by a discussion on the nature and extent of s 28(1)(h) of the Constitution. I then turn to the relevant sections in the Children's Act pertaining to this right and especially s 55 which makes provision that the Legal Aid Board is the appropriate functionary of the state to deal with the realisation of s 28(1)(h). I finally enquire whether the criteria laid down in the Legal Aid Guidelines, 2009 (which include the argument of resource constraints) may justifiably limit this right.
15
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.
Full textAbstract:
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 consideration of the constitutionality of the mother's position as parent, the constitutionality of the father's position is investigated, firstly, with reference to Section 9 of the Constitution and the question of whether the differentiation between mothers and fathers as far as the allocation of parental responsibilities and rights is concerned, amounts to unfair discrimination. The inquiry also considers whether the differentiation between committed fathers (that is, those who have shown the necessary commitment in terms of Sections 20 and 21 of the Children's Act to acquire parental responsibilities and rights) and uncommitted fathers may amount to discrimination on an unspecified ground. Since the limitation of the father's rights to equality may be justifiable, the outcomes of both inquiries are shown to be inconclusive. Finally, the legal position of the father is considered in relation to the child's constitutional rights – the rights to parental care and the right of the child to the paramountcy of its interests embodied in Section 28 of the Constitution. While there appears to be some justification for the limitation of the child's right to committed paternal care, it is submitted that an equalisation of the legal position of mothers and fathers as far as the automatic acquisition of parental responsibilities and rights is concerned, is not only justified but imperative if the constitutional rights of children are to be advanced and protected.[1] 38 of 2005.
16
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.
Full textAbstract:
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 regulations in terms of the Children’s Act the author furthermore comments on the role that co-operative governance and implementation of the 2006 Guidelines for Inter-Country Adoption may play.
17
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.
Full textAbstract:
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). Customary law is defined as the “customs and usages traditionally observed among the indigenous African peoples of South Africa and which form part of the culture of those peoples”. It follows from a further reading of section 1 that a customary marriage is reserved for those indigenous African peoples who observe such customs and usages. It is provided in section 10(4) that “[d]espite subsection (1), no spouse of a marriage entered into under the Marriage Act, 1961, is, during the subsistence of such marriage, competent to enter into any other marriage”. This must be read with the definitions contained in section 1: “‘customary law’ means the customs and usages traditionally observed among the indigenous African peoples of South Africa and which form part of the culture of those peoples; ‘customary marriage’ means a marriage concluded in accordance with customary law”. Without the requisite legal competency, no legal subject can enter into any relationship to which the law may attach any consequences. Nobody can enter into a customary marriage if any of the presumed future spouses is already in a civil marriage according to the Marriage Act 25 of 1961, not even if the two parties are married to each other. According to the custom of various indigenous nations, if a man enters into a valid customary marriage with a woman who had never been married before but who is the mother of children born out of wedlock (spurii), the metaphor applies that he “who takes the cow also acquires the calf”. He will as part and parcel of the lobola ceremony be seen as the adopting stepfather of his wife’s children, with all the accompanying consequences. He will automatically be responsible for the future maintenance of those children as his adoptive children and they will acquire all rights and privileges that are bestowed on a child, including the right to inheritance and the right to his family name. As a consequence of this new relationship, all legal ties with the biological father of the adopted child are severed and the biological father will no longer be responsible for the maintenance of his offspring. In January 2019 an erstwhile law professor from UNISA who still retained his German citizenship, was gravely ill and cared for on life-support at a hospital in the Pretoria district. While in hospital, he tied the marriage knot with Miss Vilakazi, a Zulu woman with whom he had been in a relationship for the past five years. Miss Vilakazi was a spinster, but she had a Zulu daughter who was born out of wedlock more than eight years previously out of a relationship with an erstwhile Zulu lover. This child had been in the care of her maternal grandmother in Natal and, according to Zulu customary norms, was considered part of the house of her maternal grandfather, Vilakazi. She consequently carried the name Vilakazi as her registered surname on her official birth certificate. The marriage, which was conducted on 29 January 2019 in the hospital in Pretoria, was concluded with adherence to all the requirements of Act 25 of 1961. The civil marriage was duly registered as such. The late professor passed away in the hospital barely three weeks later on 19 February 2019. Less than 24 hours before the demise of the professor a purported customary marriage was concluded, apparently on behalf of the professor with the recently married Mrs Schulze by proxy by a friend of his in the Newcastle district in Natal after having paid R60 000 as ilobolo. The ceremony was concluded with the ceremonial slaughtering of the prescribed goat. However, during this ceremony the groom was not present but on life support in a Pretoria hospital and not necessarily compos mentis – the court was told that he was represented by a friend. Zulu customary law, however, does not recognise a marriage concluded by proxy with a substitude bridegroom as was known in Roman-Dutch law as “a wedding with the glove”. Neither the Marriage Act nor the Recognition of Customary Marriages Act, however, recognises a second marriage after the conclusion of a civil marriage by any of the purported newly weds – even if both “spouses” had been present in person. The mother of the late Professor Schulze, after his demise in South Africa, amended her last will in Germany and appointed her lifelong partner as sole beneficiary of her significant estate. She passed away in Germany in October 2019. In November 2019 the recently married Mrs Schulze, on behalf of her minor daughter, successfully approached the high court in Pietermaritzburg, where Zaca AJ issued an order compelling the South African department of home affairs to issue the daughter with a new birth certificate that reflects the late Professor Schulze as her father. Notwithstanding the unease of the officials at home affairs with this court order, the minister of home affairs, Mr Motsoaledi, personally intervened in August 2020 and the new birth certificate was issued as requested. Relying on this newly issued birth certificate, the applicant claims an amount of not less than R8 million in Germany from the estate of the late mother of Professor Schulze. For this purpose, the applicant relies on a principle in German law, the Pflichtteilsanspruch, according to which any descendant of the deceased has a right to a prescribed portion, a so-called legitimate portion of the estate, if not mentioned or sufficiently bestowed in the last will. This raises a number of seriously flawed legal arguments that are analysed in this article. It is submitted that the perceived lobola marriage ceremony conducted on behalf of the late professor on 18 February 2019 in Newcastle, less than 24 hours before his demise, is void because of the explicit constitutional provision and the relevant section 10(4) of the Recognition of Customary Marriages Act 120 of 1998, which excludes any competency to enter into a customary marriage if any of the parties involved is already married. At the date of the perceived lobola ceremony, Mrs Schulze had already been civilly married to Professor Schulze for more than three weeks and thus both spouses lacked the necessary competency to enter into a valid customary marriage. Whether a valid customary marriage could have been concluded at all with a man who did not live according to the customs and usages of the Zulu, is also highly questionable. Because the perceived lobola marriage is a nullity, no legal consequences can flow from this nullity and the so-called customary adoption of the daughter (“the calf with the cow”) is a nullity too. At no stage was any of the requirements for a valid adoption as governed by the Children’s Act 38 of 2005 adhered to. The minister of home affairs should have immediately given notice of appeal after the unconvincing judgment of Zaca AJ was handed down in January 2020. As the responsible minister, he should guard the upholding of the constitution and the applicable legal provisions unambiguously contained in the relevant section 10(4) of Act 120 of 1998. It is a pity that the so-called adherence to the principles of the “rule of law” is not even paid lip service in this case. Bennett, as a renowned expert on customary law, correctly pointed out that the legal orders are not unconnected. It may never be assumed that the people concerned are unaware of how to manipulate the resources offered them by legal pluralism (A Sourcebook of African Customary Law for Southern Africa (1991) 50).
18
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.
Full textAbstract:
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 is reached that the South African law indirectly provides such right and obligation, it is argued that the explicit recognition thereof in the Children's Act would provide a statutory legal duty on parents to have and maintain contact with their child. This would enhance legal certainty. Attention is also given to the enforcement of such right of the child.
19
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.
Full text
20
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.
Full textAbstract:
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 on close examination is not the same thing. Accordingly the paper urges an alternative interpretation that is based on the reasonable suspicion test enunciated in BTR Industries South Africa (Pty) Ltd v Metal and Allied Workers Union and R v Roberts. Within this context, the paper constructs a model for interpreting the bias ground of review that combines the reasonable suspicion test as interpreted in BTR Industries and R v Roberts, the possibility of the waiver of administrative bias, the curative mechanism of administrative appeal as well as some level of judicial review exemplified by the jurisprudence of article 6(1) of the European Convention of Human Rights, especially in the light of the contemplation of the South African Magistrate Court as a jurisdictional route of judicial review.
21
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.
Full textAbstract:
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) makes the child capable of understanding the consequences of such conduct, and the child’s developing agency and cognitive abilities mean that the child may wish to do so. The note proposes that the law recognise the autonomy of a child who is twelve years or older to provide an unassisted statement in legal fora.
22
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.
Full textAbstract:
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. Section 28(1)(g) goes further to give domestic effect to the following guarantees stipulated in Article 40 of the CRC: (1) the right to be treated in a manner, and kept in conditions, that take account of the child’s age; and (2) to have a legal practitioner assigned to the child. Recently, SA has enacted its Child Justice Act 75 of 2008, which came into operation on 1 April 2010. The question to be covered in this article is whether this Act truly complies with the international standards set by the CRC (15 years after SA ratified it); the general comments by the United Nations Committee on the Rights of the Child and other non-binding, yet persuasive instruments like the Standard Minimum Rules on the Administration of Juvenile Justice and the United Nations Rules for the Protection of Juveniles Deprived of their Liberty. This article only examines four aspects of the Child Justice Act, being: criminal capacity; pretrial release and detention; diversion; and sentencing. It concludes that, but for a few technical aspects of the Child Justice Act, SA took significant steps to comply with its international obligations when it domesticated the CRC in relation to children who commit offences.
23
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.
Full textAbstract:
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 the right to water. Apartheid era legislation governing water did not discriminate directly on the grounds of race, but the racial imbalance in ownership of land resulted in the disproportionate denial to black people of the right to water. Beyond racial categorisations, the rural and poor urban populations were traditionally especially vulnerable in terms of the access to the right. The enactment of the Constitution of the Republic of South Africa 1996, brought the South African legal system into a new era, by including a bill of fundamental human rights (Bill of Rights). The Bill of Rights makes provision for limited socio-economic rights. Besides making provision for these human rights, the Constitution also makes provision for the establishment of state institutions supporting constitutional democracy. The Constitution has been in operation since May 1996. At this stage, it is important to take stock and measure the success of the implementation of these socio-economic rights. This assessment is important in more ways than one, especially in the light of the fact that many lawyers argued strongly against 1/2the inclusion of the second and third generation of human rights in a Bill of Rights. The argument was that these rights are not enforceable in a court of law and that they would create unnecessary expectations of food, shelter, health, water and the like; and that a clear distinction should be made between first generation and other rights, as well as the relationship of these rights to one another. It should be noted that there are many lawyers and non-lawyers who maintained that in order to confront poverty, brought about by the legacy of apartheid, the socio-economic rights should be included in a Bill of Rights. The inclusion of section 27 of the 1996 Constitution has granted each South African the right to have access to sufficient food and water and has resulted in the rare opportunity for South Africa to reform its water laws completely. It has resulted in the enactment of the Water Services Act 108 of 1997 and the National Water Act 36 of 1998.In this paper the difference between first and second generation rights will be discussed. The justiciability of socio-economic rights also warrants an explanation before the constitutional implications related to water are briefly examined. Then the right to water in international and comparative law will be discussed, followed by a consideration of the South African approach to water and finally, a few concluding remarks will be made.
24
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.
Full textAbstract:
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 adequate weight to without making such views decisive. This article further argues that when reaching their decisions on proposed relocations, courts should indicate that they considered children's views and that they have attached some weight to such views. This article also proposes amendments to the South African Children's Act which, it is hoped, will lead to the effective participation of children in matters that affect them.
25
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.
Full textAbstract:
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 Memorial Children's Hospital, Tygerberg Children's Hospital, as well as the private sector health registries. The number of live births per year for a specific municipal district was obtained from the National Department of Health. The chi-square for trend test was used to determine statistical significance. Results The birth prevalence for ARM in the Western Cape Province (WCP) in 2012 was shown to be 1:5,572 live births (1.79/10,000 live births). The West Coast municipality district had the highest average birth prevalence rate of 1:3,063 (3.26/10,000) live births for years studied. There was a male predominance (1.6:1), the most common ARM was the vestibular fistula (19.2%) and in 26% of the patients, there was an initial delay in the diagnosis. Conclusion This study has provided some recent data for ARMs for the WCP. There was no statistical significant change in the prevalence of ARMs over the 8-year period for the WCP as well as in any of the individual six municipal health districts (χ2 for trend, p = 0.52). The number of delayed diagnosis of ARM is of concern.
26
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.
Full textAbstract:
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 consumption expenditure, debt-to-disposable income and the level of unemployment were major contributors to the level of over-indebtedness. The NCA proved to have a positive significant effect on the levels of over-indebtedness, indicating that the NCA had not succeeded in its purpose of reducing the vulnerability of consumers to becoming over-indebted. The results suggest that the affordability assessment of the NCA must be improved in order to conduct a form of credit stress testing on consumers during their application for credit.
27
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.
Full textAbstract:
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 sluit. Daar word ook daarop gewys hoe verskillende veilige betalingsmetodes bygedra het om die vertroue van verbruikers in internethandel te laat groei. Die artikel ontleed die bestaande pogings om verbruikersreg wêreldwyd te harmonieer. Ten spyte van kulturele, sosiale en ekonomiese verskille bestaan daar nogtans ’n wye verskeidenheid van soortgelyke kwessies wat voorkom en wat vatbaar is vir harmoniëring. Dit is veral die geval met betrekking tot die kwessies wat internethandel opwerp. Landsgrense is vinnig besig om te verdwyn en oorgrensverbruikerstransaksies is nou alledaags wat verdere eise aan verbruikersbeskerming stel. Die invloed van die Verenigde Volke se Kommissie vir Internasionale Handelsreg (UNCITRAL) se Modelwet vir Elektroniese Handel en Transaksies (Model Law on Electronic Commerce) van 1996 op die Suid-Afrikaanse reg en verbruikersreg word ontleed. Daar word ook gekyk of die Wet op Elektroniese Kommunikasie en Transaksies 25 van 2002 wat op die Model Law geskoei is nog pasgemaak is om meer onlangse ontwikkelings baas te raak. Daar word ook ’n ontleding gedoen van die wisselwerking tussen die Wet op Elektroniese Kommunikasie en Transaksies 25 van 2002 en die latere Verbruikersbeskermingswet (Consumer Protection Act) 68 van 2008. Die artikel toon hoe die groei van toegang tot slimfone in Afrika tot wyer toegang tot die internet aanleiding gee en daarmee bydra om die sogenaamde digitale gaping te vernou. Dit maak dit nou ook moontlik vir verbruikers in afgeleë landelike gebiede om deel te neem aan internethandel. Daar word verwys na die sukses met die elektroniese bankwese in Oos-Afrika in hierdie proses. Die ontwikkeling van verbruikersreg in Suid-Afrika word as ’n voorbeeld gebruik om aan te toon hoe die plaaslike verbruikersreg wat tot relatief onlangs onderontwikkel was, deur omvattende wetgewing soos die Nasionale Kredietwet 34 van 2005, die Consumer Protection Act (Verbruikersbeskermingswet wat egter nie op Afrikaans uitgegee is nie) 68 van 2008 en die Wet op Beskerming van Persoonlike Inligting 4 van 2013 vernuwe is, maar dat hierdie wetgewing alreeds nie meer voldoende voorsiening maak vir die eise van internethandel nie. Ten slotte word daar breedweg gewys op die vereistes waaraan verbruikersbeskermingswetgewing moet voldoen om voorsiening te maak vir digitale verbruikersbeskerming. Daar word ook aan die hand gedoen dat die feit dat baie Afrika lande se verbruikersbeskermingswetgewing nog onderontwikkeld is, die moontlikheid bied om moderne pasgemaakte maatreëls te ontwikkel met verwysing na verwikkelinge elders in die wêreld sonder om deur die langsame ontwikkelingsprosesse van elders te gaan.
28
Mabe, Zingaphi. "Alternatives to Bankruptcy in South Africa that Provides for a Discharge of Debts: Lessons from Kenya." Potchefstroom Electronic Law Journal 22 (March 12, 2019): 1–34. http://dx.doi.org/10.17159/1727-3781/2019/v22i0a5364.
Full textAbstract:
The problems faced by debtors in South Africa is not that there are no alternatives to insolvency proceedings, but that the available alternatives do not provide for a discharge of debt as with a sequestration order, which is ultimately what the debtor seeks to achieve. Debtors in South Africa can make use of debt review in terms of the National Credit Act 34 of 2005 or administration orders in terms of the Magistrates' Court Act 32 of 1944 to circumvent the sequestration process. However, both debt review and administration orders do not provide for a discharge of debt and provide for debt-restructuring only, in order to eventually satisfy the creditor's claims. Attention is given to the sequestration process and the alternatives to sequestration as they relate specifically to the discharge or lack of a discharge of a debtor's debts. The South African law is compared to Kenyan Law. This article seeks to analyse the alternatives to the bankruptcy provisions of the newly enacted Kenyan Insolvency Act 18 of 2015 in order to influence the possible reform of insolvency law in South Africa. Like the South African Insolvency Act, the old Kenyan Bankruptcy Act (Cap 53 of the Laws of Kenya) also did not have alternatives to bankruptcy. The old Kenyan Bankruptcy Act, however, contained a provision on schemes of arrangement and compositions. The Kenyan Insolvency Act now caters for alternatives to bankruptcy and provides a wide range of alternatives to bankruptcy, some of which allow debtors in different financial positions to obtain a discharge.
29
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.
Full textAbstract:
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 effectively exempting the majority of South African companies from the requirement either to be audited or reviewed, may materially undermine whistle-blowing by auditors in South Africa. In turn, this begs the question: for how long will South Africa rank first globally for the quality of its auditing practices?
30
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.
Full textAbstract:
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 enabled schooling and resulted from schooling. In the face of increasingly insecure intimate relations, a booming economy, and expanded basic education, mothers' attention to their children's and grandchildren's education grew in importance and scale: education required sacrifices but promised children's eventual support.
31
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.
Full textAbstract:
This article evaluates the compatibility of South African laws on anti-dumping with the WTO disciplines set forth in the Anti-Dumping Agreement. It analyses the provisions of the International Trade Administration Act 2002 and the Anti-Dumping Regulations 2005 to examine whether South Africa has been adhering to its WTO obligations. The South African law on this subject is largely incompatible with its WTO counterpart in matters of, inter alia, the calculation of the constructed export price, the determination of material injury and a causal relationship, the imposition of provisional and definitive anti-dumping duties and the procedure for review. This has in turn resulted in strained relationships between South Africa and the other members of the international community in regard to the procedures adopted during anti-dumping investigations.
32
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.
Full textAbstract:
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 categories. The implementation of the Act fails to reverse this trend but exerts a negative influence on lease finance and the global financial crisis has significant negative effects on most of the credit provision categories. The paper seeks to investigate an under-researched area on the interrelatedness of credit provider regulation, financial crises and credit extension.
33
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.
Full textAbstract:
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 approach. Credit providers have divided opinions on whether the NCA limits reckless lending practices. Debt counselors claimed that credit providers are lending irresponsibly. By contrast, insights obtained from bank employees indicate compliance. However, both agree that borrowers are not borrowing responsibly. As a result, consumer education is required to educate consumers on both the benefits and risks of borrowing. It is also recommended that lenders be audited for compliance to the Credit act.
34
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.
Full textAbstract:
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 findings of the study revealed that borrowers rights are being enforced by credit providers by maintaining confidentiality, providing information to home loan borrowers on a regular basis and, most importantly, ensuring that home loan borrowers are well informed prior to entering the home loan credit agreement.
35
Strydom, Melissa. "A critique on privately prosecuting the holder of ‘after the fact’ environmental authorisations: Uzani Environmental Advocacy CC v BP Southern Africa (Pty) LtdA critique on privately prosecuting the holder of ‘after the fact’ environmental authorisations: Uzani Environmental Advocacy CC v BP Southern Africa (Pty) Ltd." South African Law Journal 138, no. 3 (2021): 617–48. http://dx.doi.org/10.47348/salj/v138/i3a8.
Full textAbstract:
There has been much debate about ‘after the fact’ environmental authorisations and the ability to privately prosecute environmental-law offences in South Africa. These two issues came to a head in Uzani Environmental Advocacy CC v BP Southern Africa (Pty) Ltd. This case is the first known private prosecution of environmental-law contraventions in South Africa. BP Southern Africa (Pty) Ltd (‘BPSA’) was privately prosecuted for constructing filling stations without environmental authorisations, allegedly between 1998 and 2005. BPSA submitted ‘rectification’ applications in 2005, paid administrative fines, and was issued with ‘after the fact’ environmental authorisations. Nevertheless, in 2019 BPSA was convicted for contravening the related environmental-law requirement. This article discusses the applicable legislative context, the complex and frequently changing environmental laws, and their interpretation and application in a criminal context. Criticisms of the Uzani judgment include that the court did not sufficiently deliberate or determine the applicable law at the time of the offences for which BPSA was indicted; the public or environmental interest served by the private prosecution; strict liability in relation to the offence; policy and other considerations for not prosecuting these offences; constitutionality and admissibility of the evidence; and the potentially far-reaching consequences of such prosecutions. These issues all act as reminders of the importance of clear and precise legislative drafting, and contextual interpretation.
36
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.
Full textAbstract:
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 contribution consists of two parts: Part 1 provides a critical discussion of the reckless credit provisions of the National Credit Act 34 of 2005. Part 2 details the responsible lending measures contained in the EU Consumer Credit Directive and the EU Mortgage Credit Directive and provides an appraisal of the responsible lending measures introduced by Belgium, being a jurisdiction that has always been very pro-active in the context of consumer credit protection.
Â
37
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.
Full textAbstract:
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. Part 2 details the responsible lending measures contained in the EU Consumer Credit Directive and the EU Mortgage Credit Directive and provides an appraisal of the responsible lending measures introduced by Belgium, being a jurisdiction that has always been very pro-active in the context of consumer credit protection.
38
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.
Full textAbstract:
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 from the Cape, along with large-scale migration of the indigenous peoples across the country’s frontiers, resulted in the encounters which gave rise to this congregational music. More recently, while the community appears static and fixed in a certain place, there is an ongoing occurrence of small journeys: mobile ministers, church members travelling between denominations, moving from place to place in and around Kroonvale and, perhaps most poignantly, the congregations’ move from the main town of Graaff-Reinet to Kroonvale as part of the implementation of the apartheid-era Group Areas Act (1950). In this article, I examine Clifford’s theories in conjunction with notions of music and place in order to argue that these short journeys have made an important contribution to the sound and style of congregational music in Kroonvale.
39
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.
Full textAbstract:
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 study noticed that credit industry has significantly managed to regulate the retail credit through the implementation of the Act. Furthermore, the study finds that a new stakeholder such as a debt counsellor has been introduced into the retail credit value chain for debt counselling for over-indebted clients. However, the study recommends that internal forums within banks as well as industry-wide forums should be used in order to ensure that the implementation of a regulation that impacts the entire credit industry is implemented with all stakeholders to limit any possible misinterpretation of key sections of a new regulation.
40
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.
Full textAbstract:
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 rent control measures imposed in various jurisdictions (South Africa, New York and England) to provide tenure protection for vulnerable tenants. The third article is from Stella Vettori, also of the University of South Africa, who discusses the role of human dignity in the assessment of fair compensation for unfair dismissals. The authors of the fourth article are Jephias Mapuva and Loveness Muyengwa-Mapuva. They discuss key legislation within the areas of media and access to information, individual rights and freedoms, as well as legislation pertaining to the conduct of elections in Zimbabwe. The issue concludes with two case notes. The first one is from Tracy-Lynn Humby of the University of the Witwatersrand. She writes about the conflict between two empowerment firms, Bengwenyama Minerals (the investment vehicle of the Bengwenyama-ye-Maswazi community) and Genorah Resources, which culminated in three judgments, termed the "Bengwenyama trilogy" by the author. Her focus is on the right of a community to prospect or mine and the protection thereof during mining activities. The second note, written by Lienne Steyn of the University of KwaZulu-Natal, considers case law which deals with the interface between the National Credit Act 34 of 2005 and the Insolvency Act 24 of 1936. The question in all three cases she discusses was whether or not a debtor's application for debt review constitutes an act of insolvency which can be relied upon by a debtor in an application for the compulsory
41
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.
Full textAbstract:
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 21/08/2009. This article discusses the fifteen prayers and the impact of the orders granted by the Court under three logical headings, namely: those that deal with the NCA and the Magistrate’s Court; Order 1 (on section 86(7)(c)), order 2 (an obligation to conduct a hearing), order 3 (the judicial role of the Magistrate’s Court) and order 4 (the application procedure of the Magistrate’s Court) defined the interaction between the NCA and the Magistrate’s Court Act (the “MCA”) very clearly. Since there is no sui generis procedure provided for in the NCA, it is submitted that the Court’s approach is correct. However, the end result is that the over-indebted consumer is not supported to the degree the NCA envisages. For example: a rule 55 procedure of the MCA can be cumbersome and costly, while the NCA envisaged a fast and relatively inexpensive process. those that deal with the role of the debt counsellor in debt restructuring; Order 5 (costs), order 6 (statutory function) and order 8 (the unique role of the debt counsellor), granted under this heading, are important. They define the role of the debt counsellor to be different from the run-of-the-mill applicant in terms of rule 55. He/she is even protected against some cost orders due to a statutory function. Because of this special function a question arises: should this difference in treatment not be even greater than custom presently permits or proposes? Since this function brings great responsibility and much paper work, should it not affect the fees that a debt counsellor may charge? those that deal with the court procedures. Orders 7, 9, 10 and 11 in this section are welcomed, namely those that deal with the service of documents, the geographical jurisdiction and monetary limit of the court, reckless credit and the in duplum rule. However, the Court preferred to stay on the safe side with respect to emoluments attachments orders and the application of section 86(2) to section 129(1). The lack of direction on the question when formal debt enforcement in fact begins, is regrettable. However, the declarator is a milestone in the history of the NCA. The orders impact significantly on the practice of debt review and will continue to shape the credit industry. Despite some disappointments it can be concluded that the declarator on the whole adds value to the practice of debt counselling in South Africa. It is now for the industry, the NCR, the legislators and scholars to take matters further.
42
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.
Full textAbstract:
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) continue to find it difficult to exercise their role of inspecting working conditions in the industry. Despite the fact that the DOEL issued a Sectoral Determination for the taxi industry (Basic Condition of Employment Act 95 of 1997, Sectoral Determination 11: Taxi Sector 2005), which specifies basic employment conditions, the industry is still predominantly informal and employees have no job protection. Taxi drivers remain exempt from job-related benefits such as the Unemployment Insurance Fund (UIF), which makes it impossible for them to benefit during difficult times such as Covid-19 and unemployment. Therefore, the virus and the lockdown revealed further the precariousness of taxi drivers and the concerns around making profit by taxi owners.
43
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.
Full textAbstract:
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 violence in Botswana is reported to occur within intimate relationships which takes the form of emotional, physical and psychological abuse and mostly occurs among women. It has also been observed that domestic violence is common mostly in male dominated cultures which are either patriarchal or patrilineal and often justified by their customs and traditions, and condoned by law (Kanchipuntu and Mwale, 2016). This violence is said to affect children’s lives as it may result in emotional trauma, physical and psychological barriers in schooling and educational experience in general (Lloyd, 2018). Paradoxically, children find themselves entangled in domestic violence with very little knowledge of what steps to take to end the form of abuse they experience. Governments, education systems and schools in particular have a role to play to mitigate the situation that children find themselves in hence the suggested strategies. More research needs to be undertaken to develop ways of dealing with domestic violence in schools which are culturally sensitive..
44
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.
Full textAbstract:
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 appeal by the Supreme Court of Appeal in National Union of Metalworkers of SA v Fry’s Metals (Pty) Ltd (2005 (5) SA 433 (SCA)). However, the LRA has since been amended with the Labour Relations Amendment Act 6 of 2014 (LRAA). Whether an employer may, in light of the amendments, adopt this approach, was recently considered by the LabourAppeal Court in 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) (13 June 2019) (Aveng case (LAC)). The judgment is noteworthy as it is the first time that the Labour Appeal Court (LAC) delivered judgment relating to section 187(1)(c) of the LRA post-amendment, thus providing a degree of judicial certainty on the interpretation to be accorded to the amended section.
45
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.
Full textAbstract:
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 nature of arbitration. This is followed by a discussion of the present-day demand for family arbitration, which examines the problems experienced with the adversarial system of litigation in resolving family law disputes, party autonomy, the development of alternative dispute resolution processes such as mediation and arbitration, the special synergy between mediation and arbitration, the success of arbitration in other fields of law and possible forerunners for family arbitration in South Africa. Inherent in the demand for family law arbitration are the many advantages of arbitration, which are also touched upon. Thirdly, current trends in England, Australia, the United States of America, Canada and India are analysed so as to identify a suitable family law arbitration model for South Africa. Special attention is paid to the matters that should be referred to arbitration – for example, should it be confined to matrimonial property and financial disputes or extended to all matters incidental to divorce or family breakdown, including children's issues? Other questions examined include whether family arbitration should comply with substantive law only, who should act as arbitrators, whether family arbitration should be voluntary or compulsory, what the court's role in the family arbitration process should be, and whether family law arbitration should be regulated by the existing Arbitration Act or by a separate statute with specialised rules for family matters. Lastly, it is concluded that although family arbitration will not have universal appeal or common application, it should be encouraged and enforceable for those who choose this private alternative dispute settlement technique to resolve their family disputes.
46
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.
Full textAbstract:
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 control of approximately a quarter of the industry by previously disadvantaged individuals. Since the introduction of this process, which culminated in the release of the White Paper on the Energy Policy of the Republic of South Africa (1998), little progress has been made towards achieving this government’s key policy objective. Instead, there is still little entry into the industry by HDSA’s, and the Black Oil Companies (BOC’s) that are in the industry continue to struggle to increase their market share. This paper discusses the possible constraints on achieving the objective, by looking at barriers that impede HDSA’s from entering the industry and BOC’s from increasing their market share significantly. There are three possible categories of barriers in the downstream petroleum industry, namely, economic barriers to entry, noneconomic barriers, and cross-sectoral barriers to entry, which are discussed in this paper. These categories of barriers prevent entry by HDSA’s into the industry and hinder BOC’s from increasing their market share. To circumvent these barriers, and in order to make progress towards achieving the government’s key policy objective of control by approximately a quarter of the HDSA’s, a black economic empowerment model was developed. This model seeks to increase the market share of the BOC’s and the presence of the HDSA’s in the industry in a sustainable way without significantly harming the multinational oil companies. It foresees Government licensing BOC’s to purchase up to 5% of the existing South African fuel demand at an Import Parity Price (IPP) that is significantly less than the Basic Fuel Price (BFP). The reason for this difference is that the BFP is based upon the supply of the totality of South Africa’s needs from elsewhere, whereas the IPP merely supplies up to 5% of South Africa’s needs, and can therefore source the product from refineries that are closer, so reducing the transport component. The impact of the loss of 5% of the internal market for petrol and diesel on the revenues of the MOC’s is less than 0.5%, because the difference between the IPP and BFP is a small fraction of the BFP.
47
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.
Full textAbstract:
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 which form the basic stuff of life will it be possible to engage the energy, enthusiasm, imagination and commitment of local people to take charge of their own lives. Further examination suggests that blockages exist that will need to be taken into account if Community Asset Management is to be taken forward; these include: a mismatch between the expectations of funding agencies and the needs of local community groups; competing systems of delivery; the idealisation of the capacity of local communities to both manage and maintain community facilities over extended periods of time; unrealistic expectations of communities; the failure of development professionals to both understand and act on behalf of divided and competing interest groups; the inability to design for rapidly changing social, economic and political environments both locally, regionally and nationally; and a mismatch between noble intentions and end products.
48
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.
Full textAbstract:
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 the research aircraft DLR Falcon-20. Concentrations of ultrafine particles in the size range of 6 to 15 nm were derived from these measurements and several events of new particle formation (NPF) were identified. For two flight segments (24 February 2005 and 7 August 2006, at 12.5 km altitude) when recent lifting had influenced the probed air mass, the concentration of ultrafine particles reached up to 16 000 particles cm−3 (ambient concentration). A sensitivity study by using an aerosol model which includes neutral and ion induced nucleation processes revealed predicted concentrations of ultrafine particles in reasonable agreement with the in situ observations. NPF over South America was observed in cloud free air, above thin cirrus, while over West Africa, in the outflow of a Mesoscale Convective System (MCS), newly formed particles in the range of several hundred per cm3 were found to coexist with ice cloud particles as long as the concentration of cloud particles (dp>2 μm) remained below 2 cm−3. The occurrence of NPF within the upper troposphere and the TTL was generally confined within an altitude band extending from 340 K to 380 K potential temperature, of particular strength between 350 K and 370 K. By means of a heated aerosol inlet line (at 250 °C) measurements of particle volatility were performed which show that within the TTL over South America and West Africa, on average 10–25% of the particles contained non-volatile cores. In background UT/TTL conditions the fractions of non-volatile particles typically ranged up to 50%. Our measurements provide further evidence for the hypothesis that the tropical UT and the TTL are aerosol source regions supplying freshly nucleated particles which, if lifted, may contribute to maintain the stratospheric background aerosol. These particles can become important for cloud formation in the tropical upper troposphere, if they further grow such that they can act as cloud condensation nuclei.
49
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.
Full textAbstract:
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 section 129(1) and how it affects the execution procedure in the case of a mortgage bond over immovable property. The recent Constitutional Court judgment of Sebola v Standard Bank 2012 5 SA 142 (CC) overturns, to my mind, the more reasonable approach to such notices in Rossouw v Firstrand Bank Ltd (2010 6 SA 439 (SCA)). It was held in Sebola that before instituting action against a defaulting consumer, a credit provider must provide proof to the court that a section 129(1) notice of default (i) has been despatched to the consumer's chosen address and (ii) that the notice reached the appropriate post office for delivery to the consumer, thereby coming to the attention of the consumer. In practical terms the credit provider must obtain a post-dispatch "track and trace" print-out from the website of the South African Post Office. There is now a much heavier burden on a bank to ensure that proper proof is provided that the notice was sent and delivered to the correct address. Consequently it places another hurdle in the path of a mortgagee who wishes to foreclose.
50
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.
Full textAbstract:
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 throughout South Africa.Aim:As an organ of the state and a role-player in disaster management the Free State Emergency Medical Services (FS EMS) is responsible for making strategic decisions. Managers and supervisors are obliged to be trained and educated in disaster management. The study ascertained whether managers and supervisors are being trained and educated in disaster management as required by legislation.Methods:The project made use of quantitative data whereby fifty EMS managers and supervisors in the Free State Provincial Government (FSPG) were assessed by using a questionnaire.Results:The study found that 66% of the respondents did not receive training to equip them to fulfill their disaster management functions. The remaining 34% indicated that they did receive aspects of disaster management training.Discussion:Based on the quantitative scores for the different indicators, the research found that there are shortcomings in disaster management qualifications and training among the EMS supervisors and managers in the FSPG EMS. However, the findings make it clear that there are several positive aspects in the already established practice of disaster management education and training in the FS EMS. The results indicated that there is an opportunity for revision and improvement that will contribute and empower the FS EMS managers and supervisors to meet legislative requirements towards disaster management training and education.