Discussion

1957 ◽  
Vol 14 (04) ◽  
pp. 369-372
Author(s):  
R. G. Mallett

It is a matter of some regret to me that a member of the Actuarial Society of South Africa cannot be here this evening to provide an introduction to the paper before you. While I feel I am honoured by my South African friends in being asked, as an ex member of the Society, to undertake this duty, I must confess that I am wondering whether my personal experience is sufficient to qualify me for this task.For much of his work the actuary is concerned with the people living around him and I think therefore that I should say something about the people living in the Union of South Africa.South Africa was first discovered around the end of the fifteenth century, but it was not until 1652 that the first settlement was made by the Dutch East India Company. The settlers were under the control of Jan van Riebeeck who was charged with the duty of providing fresh vegetables, etc., for replenishing the stores of ships rounding the Cape.

That South Africa has a mixed legal system is aptly illustrated by the origin and current structure of its insolvency law. Roman-Dutch law, including the procedure of cessio bonorum, was introduced when the Dutch East India Company established a presence at the Cape of Good Hope in 1652. The Ordinance of Amsterdam of 1777 is still regarded as the basis of South African insolvency law. The first local insolvency legislation was enacted under British rule. While the 1829 Cape Ordinance introduced some English bankruptcy principles, it retained certain features of the Ordinance of Amsterdam. The English influence was extended in the subsequent Cape Ordinance 6 of 1843 which in turn formed the basis of insolvency legislation in Natal as well as in the former pre-union republics, the Orange Free State and the Transvaal. After unification in 1910, the Insolvency Act 32 of 1916 was passed. It was replaced by the current Insolvency Act 24 of 1936. This legislation does not codify the law of insolvency but applies alongside the common law principles derived from Roman-Dutch law.


Author(s):  
Ian Farlam

AbstractThe old authorities have been quoted in, and relied on by, the courts of the Cape and subsequently in the other territories making up the Republic of South Africa from the foundation of the colony by the Dutch East India Company in the middle of the seventeenth century. By the end of the nineteenth century not only were the main authorities extensively quoted in the courts but the doctrines they contained were being incorporated in the textbooks that were being written. And that is still the position. It is not likely that the new generation of judges to be appointed in the next few decades will frequently consult the old authorities for guidance but the civil component of the law, already anchored in the judgments of the courts and the textbooks, will forever be part of the law. When the old authorities are consulted, it is likely that those used will primarily be those available in English translation.


Author(s):  
Nic Olivier ◽  
Carin Van Zyl

This article provides an overview of some developments, internationally, regionally and in the SADC, in relation to development, that may be expected to influence the South African government’s response to the development needs of the people in the country.  An overview is provided of the somewhat haphazard way in which the Constitution of the Republic of South Africa, 1996 refers to the need for and objective of development (including rural development) in the country.  Through their explanatory outline of three distinct phases in South African rural development law and policy: 1994–2000 (the Reconstruction and Development Programme and related documents and their implementation); 2000–April 2009 (the Integrated Sustainable Rural Development Strategy and its implementation) and April 2009+ (the Comprehensive Rural Development Programme and related documents), the authors review some of the historical strengths and future prospects related to rural development in South Africa.  Based on an assessment of historical trends, a number of recommendations are made for government’s way forward in the implementation of the constitutional objectives, law and policy relevant to rural development in the country.


2021 ◽  
Vol 9 (7) ◽  
pp. 162-176
Author(s):  
Maphelo Malgas ◽  
Bonginkosi Wellington Zondi

The basis of this article is an article published by Thomas (2012) whose objective was to track over a two-year period the performance of five strategic South African state-owned enterprises with regards to issues of governance. These enterprises were ESKOM, South African Airways (SAA), South African Broadcasting Corporation (SABC), Telkom, and Transnet. The paper revealed that there were serious transgressions in these entities and recommendations were made to address these. The aim of this article therefore was to establish whether or not the transgressions reported by Thomas are still happening within these entities. The data was collected from the 2014/2015, 2015/2016, 2016/2017, and 2017/2018 financial reports of these entities. The study revealed that the transgressions are still taking place. With regards to issues of sustainability SAA and SABC continue to make loses, with SAA continuing to be bailed out by the South African government against the will of the South African general public. Fruitless and wasteful expenditure increased in all the five entities mentioned above and no serious action has been taken by the South African government to hold the people responsible accountable. While Telkom, Transnet and Eskom were making profits these profits are not at the envisaged level.


First Monday ◽  
2006 ◽  
Author(s):  
Bob Jolliffe

When Amartya Sen visited South Africa in 2004 he made the observation that Nelson Mandela’s long walk to freedom began on African soil. He implicitly recognised that we have in South Africa a long tradition of interpreting, articulating and striving for an ideal of freedom, which reflects the aspiration of the broad masses of our people. The clearest articulation of this struggle was the Freedom Charter, adopted by the congress of the people in Kliptown in 1955. The free software movement (and related efforts in the fields of science and culture) draws upon a tradition of freedom rooted in an American libertarian tradition. In this short paper, I underline the importance of aligning efforts to promote free software and free culture with the rich existing tradition embodied in the South African Freedom Charter. Doing so may require a reinterpretation, re–imagining and even perhaps a re–vocabularising of the digital commons if it is to succeed as as a social, technical and political project in South Africa.


Itinerario ◽  
2013 ◽  
Vol 37 (3) ◽  
pp. 139-152
Author(s):  
Matsui Yoko

The Dutch East India Company was forced to move its factory in Japan from Hirado to Nagasaki by the order of the bakufu in 1641. Following that move, the Dutch were no longer allowed to freely go out into the city or to trade with city people. In order to have any contact with the people outside Deshima, they needed proper mediation of the Japanese officials. The interpreters (tolken, Oranda-tsūji, ) are well known as the intermediaries between the Japanese authorities and the Dutch residents of Deshima, but they were not the only ones who worked between the two sides. In this paper, I would like to deal with the Deshima Otona as the official responsible for the Dutch compound, and the compradoors, suppliers of the daily necessities for the Dutch factory, and to consider these officials within the context of the Nagasaki city system in order to compare this situation with that prevailing in Canton.Otona literally means “head” or “chief” and indicates a prominent member who is in charge of a certain group. In the cities of Edo-period Japan, the townspeople were controlled through their organisation in groups, which were given a considerable amount of autonomy. These groups consisted, in their turn, of members who were officially recognised by both the group organisation itself and the lord of the domain in which the city was located, because they owned a house, ran a family business, and performed some kind of public service (kuyaku, ).


2003 ◽  
Vol 29 (1) ◽  
Author(s):  
Herman J. Pietersen

Veldsman, T.H. (2002) "Into the people effectiveness arena: Navigating between chaos and order", Randburg, South Africa: Knowledge Resources, 364 pages. In a noteworthy new South African management text, Theo Veldsman, consultant in the strategic human resource management (SHRM) field, brings together the fruit of many years of experience and thought on people management issues in an exciting new way.


2021 ◽  
Vol 29 (2) ◽  
pp. 195-206
Author(s):  
Ashraf Booley

Over the last few decades, a piece of fabric has become a powerful and divisive symbol worldwide. Since the tragic events of 9/11, this piece of fabric has become a topic of great debate, at local, national, regional and international level. The veil as worn by some Muslim women has assumed iconic proportions around the globe. To some it symbolizes piety to others, oppression. To some it is a rejection of Western morality to others, a rejection of modernity. To some, it is a religious statement supporting Islam as a way of living; to others, a political statement supporting violent Islamists. These disparate attributions exemplify the power of nonverbal communication and support the maxim that words and objects contain no inherent meaning; only people assigned meaning. This article discusses the status of religious rights and freedoms under the South African Constitution. One aspect of this change is the change that has affected the various religions, cultures, and customs in South Africa. It is therefore, viewed by many as a constitution for the people of South Africa which includes a Bill of Rights. Historically speaking, for the very first time since colonialism, all religions were guaranteed the of religion. Furthermore, religions, cultures and languages are deep-rooted in the various constitutional provisions, namely, sections 9(3), 15(1) to (3), 30, 31, 185 and 234 respectively. These constitutional provisions are solidified by section 7 which obliges the state to respect, protect, promote and fulfil the provisions set forth in the Bill of Rights. The article concludes with an argument for the recognition of plurality of religions and religious legal systems in South Africa.


2014 ◽  
Vol 48 (1) ◽  
Author(s):  
Amanda L. Du Plessis

According to SADAG (South African Depression and Anxiety Group) there are 23 suicides and 230 serious suicide attempts in South Africa every day. The dynamics of suicide is highly complex and there are no simple explanations or easy answers. The SADAG article shows that suicidal thoughts during times of crisis are much more common than the average person would care to admit. Believers are no exception. Suicide offers an inviting escape from difficult circumstances to a desperate person. As such, suicide confronts the pastoral counsellor with a stressful and terrifying challenge. This article explores pastoral principles that can help a counsellor provide guidance to women on matters related to suicide and offers information on suicide in three parts. The first part of the article investigates the implications of suicidal thoughts or attempts and the effect of an actual suicide on the people who remain behind. The second part examines how the church’s views on suicide have changed over the centuries. The third and final part applies the outcomes of the first two sections to offer guidelines for current-day pastoral guidance to women based on scientific research into the field of practical theology.Pastorale beginsels vir die begeleiding van vroue ten opsigte van selfmoord. Volgens SADAG (South African Depression and Anxiety Group) is daar daagliks 23 selfmoordgevalle en 230 ernstige selfmoordpogings in Suid-Afrika. Die dinamiek rondom selfmoord is hoogs kompleks en daar bestaan geen eenvoudige verduidelikings en maklike antwoorde hieromtrent nie. Die SADAG-artikel toon aan dat selfmoordgedagtes in krisistye baie meer algemeen is as wat die deursnee mens sou wou erken. Dit is ook geen uitsondering by gelowiges nie. Vir die desperate persoon kan dit selfs ’n aanloklike uitkoms in moeilike omstandighede wees. Vir die pastorale berader is hierdie kwessie ’n stresvolle en vreesaanjaende uitdaging. Hierdie artikel stel ondersoek in na pastorale beginsels wat van belang is vir die begeleiding van vroue ten opsigte van selfmoord, en bied inligting rondom die kwessie in drie dele aan. Eerstens is daar ’n ondersoek na die implikasies van selfmoordgedagtes en -pogings sowel as die effek van so ’n daad op die mense wat agterbly. Tweedens word die kerk se verskillende opvattings deur die eeue ten opsigte van selfmoord bespreek; en derdens word die bevindings van eersgenoemde twee dele aan die hand van wetenskaplike navorsing in die pastorale begeleiding aan vroue ondersoek.


2018 ◽  
Vol 39 (6-7) ◽  
pp. 364-374
Author(s):  
Karla J. Strand ◽  
Johannes Britz

Purpose The purpose of this paper is to provide an overview of the historical development of libraries in South Africa against a backdrop of poverty and social inequality. In particular, this paper illustrates how the development of libraries in South Africa both reflected and influenced information poverty and has as its goal to increase awareness of the role of libraries in the alleviation of information poverty. Design/methodology/approach The information in this paper is based on doctoral research completed by the author who investigated the role of libraries in the alleviation of information poverty in South Africa. The methodology for the research included two case studies, interviews, examination of library records, and observation. An extensive review of the professional literature and recorded histories provided imperative context for that research and this paper. Findings Findings indicate that libraries can play an important role in the alleviation of information poverty in South Africa. Libraries are underutilized in this role and in order to increase their capacity in addressing information poverty, one should consider the historical circumstances behind the dispossession of library services. Understanding the development of libraries in South Africa and sociopolitical ramifications of this development can encourage and inform greater participation of libraries in the alleviation of information poverty in the future. Originality/value This paper compiles the work and findings of previous studies on the history of South African libraries. The information provided here offers an accessible and efficient history of libraries in South Africa. In so doing, it provides context that is invaluable to the understanding of how the development of libraries throughout time can have sociopolitical effects on the people and their circumstances. The paper also encourages increased understanding of the value and purpose of libraries in combating information poverty in South Africa.


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