The new South African insider Trading Act: Sound law reform or legislative overkill?

2000 ◽  
Vol 44 (2) ◽  
pp. 239-263 ◽  
Author(s):  
Patrick C. Osode
Keyword(s):  
South Africa ◽  
Market Efficiency ◽  
Detailed Analysis ◽  
South African ◽  
Insider Trading ◽  
New South ◽  
Law Reform ◽  
Comparative Approach

This article provides a detailed analysis of the Insider Trading Act, 1998, of South Africa. While it welcomes those provisions designed to proscribe insider trading by creating offences and introducing severe sanctions, it criticizes the Act for doing little to promote the goals of corporate compensation and market efficiency. The article adopts a comparative approach and draws widely on legislative attempts in other jurisdictions to control insider trading.

Stellarioides littoralis (Asparagaceae, Scilloideae), a distinct new species from eastern South Africa

Phytotaxa ◽  
2014 ◽  
Vol 177 (5) ◽  
pp. 261 ◽  
Author(s):  
Neil R. Crouch ◽  
Mario Martínez-Azorín ◽  
Angela J. Beaumont ◽  
David Styles
Keyword(s):  
South Africa ◽  
New Species ◽  
South African ◽  
Endemic Species ◽  
New South ◽  
Morphological Features

A new South African endemic species, Stellarioides littoralis is described and illustrated, with data provided on morphology, ecology and distribution. The species appears to be closely related to S. longibracteata and whilst it shares in common an epigeal habit of the bulb with the latter species, several reproductive and vegetative morphological features clearly distinguish it. The affinities and divergences with other close allies are also discussed.

New South African Review 3: The second phase – tragedy or farce? (John Daniel, Prishani Naidoo, Devan Pillay and Roger Southall, eds)

2020 ◽  
Vol 36 (1) ◽  
Author(s):  
Dirk Kotzé
Keyword(s):  
South Africa ◽  
South African ◽  
Social Practice ◽  
New South ◽  
Second Phase ◽  
Human Sciences ◽  
The South ◽  
Negotiated Settlement ◽  
The Third ◽  
Direct Competition

As the title indicates this publication is the third issue in a series of reviews. The first issue was subtitled 2010: Development or decline? (2010) and the second was New paths, old promises? (2011). These publications are edited in the Department of Sociology at Wits University as part of its Strategic Planning and Allocation of Resources Committee (SPARC) Programme. The series is intended to be a revival of the South African Review edited by the South African Research Service and published by Ravan Press in the 1980s and early 1990s. Arguably one of the best known of these series was issue seven edited by Steven Friedman and Doreen Atkinson, The Small Miracle: South Africa's negotiated settlement (1994). The latest publication should also be seen as direct competition for the Human Sciences Research Council's (HSRC) regular publication, State of the Nation. The New South African Review 3 is organised into four parts, namely Party, Power and Class; Ecology, Economy and Labour; Public Policy and Social Practice; and South Africa at Large. The four editors introduce each of the sections, consisting of 16 chapters in total. Thebook's format appears to be that of a yearbook but it is not linked to a specific year. It is therefore not in the same category as for example the South African Institute of Race Relations' annual South Africa Survey. The Review is organised around a theme, albeit very general in its formulation, and in the case of the third issue it is also not applicable to all its chapters. At the same time, though, it is not a yearbook as the choice of chapters and their foci are on the latest developments. 

Urban history in the new South Africa: continuity and innovation since the end of apartheid

Urban History ◽  
2008 ◽  
Vol 35 (2) ◽  
pp. 288-315 ◽  
Author(s):  
VIVIAN BICKFORD-SMITH
Keyword(s):  
South Africa ◽  
South African ◽  
Urban History ◽  
Rapid Growth ◽  
New South ◽  
New Work ◽  
Small Field ◽  
African Cities ◽  
South African Cities

The Soweto uprising of 1976 confirmed to most observers that the anti-apartheid struggle (in contrast to anti-colonial struggles in many other parts of Africa) would be largely urban in character. This realization gave impetus to a rapid growth in the hitherto small field of South African urban history. Much new work predictably sought to understand the nature of conflict and inequality in South African cities and its possible resolution.

Part 2 National and Regional Reports, Part 2.1 Africa: Coordinated by Jan L Neels and Eesa A Fredericks, 17 South Africa: South African Perspectives on the Hague Principles

2021 ◽  
Author(s):  
Neels Jan L
Keyword(s):  
South Africa ◽  
International Law ◽  
South African ◽  
Comparative Approach ◽  
Private International Law ◽  
Rules And Principles ◽  
The Hague ◽  
The Republic ◽  
Contractual Obligations ◽  
Academic Authors

This chapter provides the reader with comments on the Hague Principles from the perspective of South African private international law of contract.Private international law in the Republic of South Africa is historically based on Roman–Dutch and English law, but is today influenced by domestic constitutional values, especially in the fields of international family and succession law. In the realm of the international law of obligations, the impact of the English common law is particularly strong. The notion of ‘the proper law of the contract’ is therefore widely used to indicate the law applicable to contractual obligations. The sources of private international law of contract are almost exclusively case law and the opinions of academic authors. The South African courts have always followed a comparative approach in respect of private international law, initially under the influence of an internationalist understanding of the conflict of laws. The courts would therefore certainly be entitled to refer to the Hague Principles as persuasive authority in the interpretation, supplementation, and development of the rules and principles of South African private international law.

The Resilient Constitution

2021 ◽  
pp. 277-309
Author(s):  
David Dyzenhaus ◽  
Alma Diamond
Keyword(s):  
South Africa ◽  
South African ◽  
Transitional Justice ◽  
Comparative Approach ◽  
Constitutional Court ◽  
Extreme Pressure ◽  
The Face ◽  
Justice Process ◽  
The One

This chapter evaluates the so called 'transitional constitution' of South Africa and the 'permanent constitution' of Colombia. Through a comparative approach, it contends that constitutions are better understood in terms of their resilience rather than either being transitional or permanent, and that a 'resilient constitution' is the one capable of springing back even after being subjected to extreme pressure, as long as leaders maintain their commitment to governing within the limits of the law. In this sense, the differences between the Colombian transitional justice and the South African case do not stem primarily from the 'permanence' of its Constitution, but rather from the difficulties and tensions inherent to any transitional justice process, because it derives from some of the very rights it is designed to promote. The chapter then details how the jurisprudence of the Colombian Constitutional Court on transitional matters can be understood as having moved from an understanding of the Constitution as permanent, to one of resilience that does not represent a new power grabbed by the Court. Rather than that, it signals an understanding of the role of the Court in maintaining a constitutional order even in the face of existential threats to it.

scholarly journals Interpreting the Bible in the 'new' South Africa: Remarks on some problems and challenges

1997 ◽  
Vol 53 (3) ◽  
Author(s):  
D. J. Human
Keyword(s):  
South Africa ◽  
South African ◽  
New South ◽  
Biblical Studies ◽  
Biblical Hermeneutics ◽  
Christian Community ◽  
South African Society ◽  
The Bible ◽  
University Of Pretoria ◽  
Interpretation Process

Interpreting the Bible in the 'new' South Africa DJ Human Department of Biblical Studies (Sec B) University of Pretoria The Bible plays an important role in South African society. The interpretation of this book within or outside the Christian community has become an increaslingly major source of debate. It has been used and misused in several spheres of society. This article does not intend providing an extensive and composite picture of the problems and character of biblical hermeneutics. Nor will it attempt to elaborate on or explain the origins, development and influences of all the different her-meneutical approaches. Rather, it poses to be an introduction to a few of the problem(s) encountered in the attempt to understand the Bible, especially in terms of the 'new' South Africa. Within the framework of this scope, remarks will be made regarding the challenges involved in interpreting the Bible, the role of the interpreter in the interpretation process, the varied forms of literature to be found in Scripture, and in the last instance, to take cognisance of a few methodological approaches to the text analysis of the Bible.

scholarly journals Flitse van sosiale verandering in enkele postmodernistiese Afrikaanse romans

Literator ◽  
1997 ◽  
Vol 18 (3) ◽  
pp. 91-102 ◽  
Author(s):  
D. H. Steenberg
Keyword(s):  
South Africa ◽  
Social Change ◽  
South African ◽  
New South ◽  
Social Transition ◽  
African Society ◽  
Historiographic Metafiction ◽  
South African Society ◽  
Black And White ◽  
Multicultural Community

Glimpses of social change in some postmodernist Afrikaans novelsPostmodernist novels, and thus also Afrikaans postmodernist novels, are radically anti-traditional. In one respect, however, they maintain the tradition of Afrikaans fiction: they open perspectives on the development of the society from which they originate. Functioning in a multicultural community, the novelists' awareness often concerns the development of relations between different racial groupings in the South African society, which is seen as basically African. The breaking down of the (colonial) barriers between black and white by writers of historiographic metafiction - like John Miles and André Letoit - can perhaps be regarded the first step in the direction of social transition. Letoit hails Africa as the continent of promise, and authors like Berta Smit, Eben Venter and Etienne van Heerden present visions of a growing harmony between black and white in the new South Africa.

scholarly journals Constitutional Mimicry and Common Law Reform in a Rights-Based Post-Colonial Setting: The Case of South Africa and Malawi

2009 ◽  
Vol 53 (1) ◽  
pp. 142-170
Author(s):  
Sibo Banda
Keyword(s):  
South Africa ◽  
South African ◽  
Common Law ◽  
Law Reform ◽  
Bill Of Rights ◽  
The South ◽  
Post Colonial ◽  
The Common

AbstractCompetent courts in Malawi must, as courts have done in South Africa, undertake a radical path in order to enhance the common law position of distinct categories of persons. This article discusses judicial appreciation of the common law-changing function of a bill of rights and its associated values, and judicial understanding as to when such a function may be brought into play. The article examines approaches taken by courts in South Africa in determining the circumstances in which the South African Bill of Rights applies to private relationships, when private parties owe each other duties arising out of the Bill of Rights and the scope of a court's authority to amend the common law in that regard. The article projects the debate, analysis and critique of these approaches onto the Malawian legal landscape through a discussion of the tenant worker contracted on the Malawi private estate.

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