Afrikaners and the Making of a Radical Survival Plan

Itinerario ◽  
2003 ◽  
Vol 27 (3-4) ◽  
pp. 112-141
Author(s):  
Hermann Giliomee

The debate over modern South Africa has been dominated by the question whether continuities between apartheid and segregation existed. Much of apartheid was a tightening or an elaboration of segregation, but there were also features that made it unique. The one was the systematic classification in statutory groups of the entire population, including people of racially mixed origins, which resembles the rule of the Cape by the VOC or Dutch East Company that distinguished among legal status groups. The other distinctive feature of apartheid was its concern with the rehabilitation of subordinate communities up to the point where they could become nations. Using the terminology of German romantic nationalism and mission doctrine rather than that of British indirect rule, apartheid substituted culture and ultimately nation for race.

2017 ◽  
Vol 14 (1) ◽  
pp. 95
Author(s):  
Mohammed I. M. Hamdan ◽  
Mohamed Shawky Abd El-Aal ◽  
Abidin Abdul Hamid Kandil

The current study attempts to highlight the stages of Palestine’s joining the World Trade Organization (WTO) and steps that should be followed by Palestine to join the World Trade Organization from the observer to the member. It also clarifies how Palestine joins the World Trade Organization as a state and then as a customs territory. The problem of this study lies in determining the legal effects of Palestine's joining the World Trade Organization as a state on the one hand and as a customs territory on the other. The study aims at clarifying the stages that Palestine will go through in case of joining the World Trade Organization, the steps that Palestine should take to join the World Trade Organization, and the mechanism that should be followed when Palestine joins the World Trade Organization as a state, and then as a customs territory. The study concluded that Palestine must join the World Trade Organization as a customs territory as soon as possible in order to avoid any discussion about the final legal status of its territories according to the Oslo Accords. 


Author(s):  
Brian E Cox

This article follows an earlier assessment of Bentham’s views on guardianship 1 that touched on but did not explore connections or departures between guardian-ward and parent-offspring relations, about which Bentham was not as precise as he might have been. Further, he added complexity to the issue by describing parents as occupying dual roles: guardians and ‘masters’ (employers) of their own offspring. These relations are now considered, on the one hand, in the wider context of ‘special relations’ and ‘duties’ and, on the other hand, alongside some appreciation of Bentham’s personal perspectives. However, the main object of the present article is to assess similarities and differences between parents and guardians in legal, status and functional terms. It uses the profile of guardian-ward relations provided by the previous article 2 as a benchmark. The article concludes by affirming that ‘being a parent’ and ‘being a guardian’ have quite different meanings.


Author(s):  
P. Mozias

South African rand depreciated in 2013–2014 under the influence of a number of factors. Internationally, its weakness was associated with the capital outflow from all emerging markets as a result of QE’s tapering in the US. Domestically, rand plummeted because of the deterioration of the macroeconomic stance of South Africa itself: economic growth stalled and current account deficit widened again. Consumer spending was restrained with the high household indebtedness, investment climate worsened with the wave of bloody strikes, and net export was still prone to J-curve effect despite the degree of the devaluation happened. But, in its turn, those problems are a mere reflection of the deep institutional misbalances inherent to the very model of the national economy. Saving rate is too low in South Africa. This leads not only to an insufficient investment, but also to trade deficits and overdependence on speculative capital inflows. Extremely high unemployment means that the country’s economic potential is substantially underutilized. Joblessness is generated, first and foremost, by the dualistic structure of the national entrepreneurship. Basic wages are being formed by way of a bargaining between big public and semi state companies, on the one hand, and trade unions associated with the ruling party, on the other. Such a system is biased towards protection of vested interests of those who earn money in capital-intensive industries. At the same time, these rates of wages are prohibitively high for a small business; so far private companies tend to avoid job creation. A new impulse to economic development is likely to emerge only through the government’s efforts to mitigate disproportions and to pursue an active industrial policy. National Development Plan adopted in 2012 is a practical step in that direction. But the growth of public investment is constrained by a necessity of fiscal austerity; as a result, the budget deficit remained too large in recent years. South African Reserve Bank will have to choose between a stimulation of economic growth with low interest rates, on the one hand, and a support of rand by tightening of monetary policy, on the other. This dilemma will greatly influence prices of securities and yields at South African financial markets.


2014 ◽  
Vol 8 (4) ◽  
pp. 471-487 ◽  
Author(s):  
L. Juliana Claassens ◽  
Amanda Gouws

This article seeks to reflect on the issue of sexual violence in the context of the twenty year anniversary of democracy in South Africa bringing together views from the authors’ respective disciplines of Gender and the Bible on the one hand and Political Science on the other. We will employ the Old Testament Book of Esther, which offers a remarkable glimpse into the way a patriarchal society is responsible for multiple levels of victimization, in order to take a closer look at our own country’s serious problem of sexual violence. With this collaborative engagement the authors contribute to the conversation on understanding and resisting the scourge of sexual violence in South Africa that has rendered a large proportion of its citizens voiceless.


Literator ◽  
2017 ◽  
Vol 38 (1) ◽  
Author(s):  
Miki Flockemann

The publication of Diaspora and Identity in South African Fiction (2016) by J.U. Jacobs is a timely intervention, in that it is the first comprehensive study of South African fiction to sustain the argument that South African writing is always already diasporic. Although Jacobs’ diasporic framework undoubtedly serves as an important addition to the recent trends identified by literary scholars, his focus on 12 well-established writers (including Coetzee, Wicomb, Mda, Gordimer and Ndebele), highlights some of the gaps that need to be filled in a study of this kind. For instance, what about the younger generation of writers, including those from elsewhere in Africa who are writing about living in South Africa? How do they deal with what has been termed the new diaspora, with debates around Afropolitanism and the experiences of internal, inter-continental and trans-continental migrancy in an increasingly globalising world? Despite these shortcomings, Jacobs’ premise about the inevitably diasporic identifications that are narrativised in the 20 novels analysed here can provide a useful foundation for further scholarship on how the diasporic condition informs and is mediated in other texts. These, as I will show, range from works by a new generation of emerging writers on the one hand to the performing arts on the other hand.


2021 ◽  
Vol 29 (1) ◽  
pp. 132-148
Author(s):  
I.I. Znamenskaya ◽  
M.R. Travkova ◽  
K.R. Arutyunova

The paper is focused on ethical issues of making decisions about cryopreserved embryos in the context of relationship break-up in the framework of the embryo’s legal status and the church’s stand on the matter. All these issues can be viewed as part of a broader problem of intuitive and rational foundations for decision-making when facing difficult situations in life. On the one hand, the stressful context of the situation implies intuitive-driven decision-making; on the other hand, assisted reproductive technologies are largely counter-intuitive. We describe the peculiarities of family psychotherapy with mixed-agenda couples going through a divorce who have joint cryopreserved embryos but disagree on what to do with them. We introduce a protocol for psychotherapeutic work in the situation when one partner wishes to continue with the fertility treatment and have a child while the other partner is determined to utilize joint embryos as unwanted biological material. In addition, we discuss emotional and social complications that may arise (guilt, unfaithfulness of one of the partners, other losses, and grieving).


Author(s):  
Miranda Gurgenidze ◽  
◽  
Tamaz Urtmelidze ◽  

Creative activity, which ends with the creation of intellectual property objects, are mostly carried out by individuals employed in various private sectors or scientists working in higher education/research institutions. Therefore, the question who is the owner of the intellectual property object (invention), employee/inventor, whose direct participation with and usage of intellectual labor, the object was created by, or the employer, whose material technical base, experience and the other resources were used to create the invention, does not lose relevance. Georgia belongs to the continental, i.e. Romano-Germanic legal system. Modern Georgian intellectual property law has undergone a very interesting path of development since the restoration of independence. It should be noted that Georgia is the first country from the former Soviet republics to establish a national patent agency in 1992 (12,246). In this article, the authors focus on the basic regulations of Georgian and German patent law that regulate the ownership of an invention created by employees. As it is known, in Georgia the issue is resolved by the „Patent Law“, while in Germany, in addition to the patent law, there is an „Employee Inventions Act“. The scientific article consists of an introduction, a main part and a conclusion. The introduction presents the urgency of the legal problem. The main part, on the one hand, discusses the legal status of inventions created by employees, gives the relationship between patent law and labor law on this issue (on the example of Georgian legislation) and, on the other hand, the authors analyze the German ,,Employee Inventions Act“, which we find a detailed arrangement of an issue of interest to us in. The law is structured in such a way that the balance between the interests of the employee and the employer is maximally maintained, the rule of compensation is provided, a distinction is made between service and free inventions, and ways of resolving disputes between the parties are provided. The legal basis for arbitration is in the foreground. There is also a court of law under the jurisdiction of which these disputes are considered.


2019 ◽  
Vol 13 (3) ◽  
pp. 324-330
Author(s):  
E. V. Khrabrova ◽  

The reform of the penal system provides for a change in the ideology of educational work with convicts in places of deprivation of liberty by searching and using new forms and methods of correction, introducing new individual forms of work that provide targeted pedagogical assistance to everyone in need, supplementing the system of encouraging convicts with other incentives for law-abiding behavior, improving the application of disciplinary action, strengthening educational work with special emphasis on involvement s in their career, raising the educational level. The indicated processes are relevant for all categories of convicts, but with respect to some of them there is a certain specificity in the implementation of educational work. One of these categories is made up of citizens of the CIS countries who have national, religious, ideological and other characteristics that influence the organization of educational work with them. Convicted foreign citizens have, on the one hand, the general legal status inherent in all convicts and on the other, a special status with special specific characteristics. Foreign citizens serving a sentence of imprisonment are a socially vulnerable category and experience social and psychological difficulties in adapting to the conditions of serving a sentence in a foreign country.


Author(s):  
John C. Bigelow

Particulars are to be understood by contrasting them with universals, that term being used to comprise both properties and relations. Often the term ‘individuals’ is used interchangeably with ‘particulars’, though some restrict the term ‘individuals’ to those particulars whose existence has more than momentary duration. It is sometimes taken as a distinctive feature of particulars that they cannot be in more than one place at a time, whereas universals are capable of being wholly present in more than one place at a given time: if you have a white thing here and a white thing there, then you have two particulars but only one property. This way of distinguishing between particulars and universals may help us to focus on apt paradigm cases of each, but arguably this does not get us to the heart of the matter. On the one hand, some think it is possible, at least in principle, for a magician, or Pythagoras, or a time traveller, or a subatomic particle to be in two places at once, even though each is a particular. On the other hand, some think that there are properties which could not possibly be manifested in two different places at the same time, and yet which nonetheless are universals: think, for instance, of the divine property of absolute perfection, or of the conjunction of all intrinsic properties of a Leibnizian monad (or possible world); or of Judas’ property of simply being Judas. Particulars are things which have properties and which stand in relations – particulars ‘instantiate’ properties and relations. By itself, however, this does not distinguish particulars from universals since universals, too, are naturally thought to have properties and to stand in relations. What distinguishes particulars is the fact that, while a particular instantiates properties and relations, nothing instantiates a particular. Universals both ‘have’ (properties and relations) and are ‘had’; particulars ‘have’ but are not ‘had’. Since a particular is not instantiated by another thing, it is sometimes said to exist ‘in itself’, whereas a universal exists ‘in’ something else. For this reason, the term ‘particular’ is related to the term ‘substance’, which is traditionally used to mean something capable of independent existence.


2021 ◽  
Vol 34 (1) ◽  
pp. 1-30
Author(s):  
Terrence R Carney

Difficult text formulations, on the one hand, as well as poor linguistic skills and comprehension on the other, can severely hamper the communication effort of basic human rights during the judicial process. The rights entrenched in s 35 of the Constitution of South Africa (Act 108 of 1996), as they apply to individuals who are arrested, detained and accused, and read out by a member of the local South African Police Service (SAPS), are written in a legal register that can be too difficult for additional language speakers to understand. This begs the question of whether arrested, detained and accused individuals are fully aware of their rights and whether they can exercise these rights if they do not understand the language that expresses them. This article appraises the potential comprehensibility of the notice of rights (SAPS 14A), as provided to arrested, detained and accused individuals by the SAPS. The researcher’s assessments indicate that the text is pitched at an English readability level suited to university graduates and could be too difficult for South Africans with limited schooling and linguistic abilities to comprehend. A revision of SAPS 14A is offered as an illustration of a possible improvement to increase readability and, subsequently, better access to the mentioned rights.


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