The Voluntary Principle in the Colonial Situation: Theory and Practice

1986 ◽  
Vol 23 ◽  
pp. 381-390
Author(s):  
Margaret Donaldson
Keyword(s):  
South Africa ◽  
Fundamental Principle ◽  
Theory And Practice ◽  
Situation Theory ◽  
Financial Responsibility ◽  
Church Polity ◽  
The Government ◽  
London Missionary Society

When the London Missionary Society (LMS) came into being in 1795 two principles formed the twin pillars of its existence: the Fundamental Principle, which declared that the Society existed to preach the gospel to the heathen and not to promote any particular form of church polity: and the voluntary principle, which declared that financial responsibility for a church devolved upon its members, and not upon the government or, in the long term, upon the missionary society. This paper examines the problems of applying the voluntary principle in a colonial situation. The investigation focuses on the work of the Revd Richard Birt, LMS missionary in South Africa from 1838 to 1892. Birt was a supporter of the voluntary principle by conviction, by background and by commitment to the LMS. In practice, however, his life’s work was to show the difficulty of maintaining the voluntary principle in a pioneering missionary situation.

scholarly journals The Myth of Objectivity: Implicit Racial Bias and the Law (Part 2)

2017 ◽  
Vol 20 ◽  
pp. 1
Author(s):  
Willem Hendrik Gravett
Keyword(s):  
South Africa ◽  
Racial Bias ◽  
Legal Theory ◽  
Fundamental Principle ◽  
Human Mind ◽  
Racial Prejudice ◽  
Theory And Practice ◽  
Differential Treatment ◽  
Implicit Racial Bias ◽  
The Law

The centrality of race to our history and the substantial racial inequalities that continue to pervade society ensure that "race" remains an extraordinarily salient and meaningful social category.  Explicit racial prejudice, however, is only part of the problem.  Equally important - and likely more pervasive - is the phenomenon of implicit racial prejudice: the cognitive processes whereby, despite even our best intentions, the human mind automatically classifies information in racial categories and against disfavoured social groups. Empirical research shows convincingly that these biases against socially disfavoured groups are (i) pervasive; (ii) often diverge from consciously reported attitudes and beliefs; and (iii) influence consequential behaviour towards the subjects of these biases. The existence of implicit racial prejudices poses a challenge to legal theory and practice. From the standpoint of a legal system that seeks to forbid differential treatment based upon race or other protected traits, if people are in fact treated differently, and worse, because of their race or other protected trait, then the fundamental principle of anti-discrimination has been violated. It hardly matters that the source of the differential treatment is implicit rather than conscious bias. This article investigates the relevance of this research to the law by means of an empirical account of how implicit racial bias could affect the criminal trial trajectory in the areas of policing, prosecutorial discretion and judicial decision-making.  It is the author's hypothesis that this mostly American research also applies to South Africa. The empirical evidence of implicit biases in every country tested shows that people are systematically implicitly biased in favour of socially privileged groups. Even after 1994 South Africa – similar to the US – continues to be characterised by a pronounced social hierarchy in which Whites overwhelmingly have the highest social status. The author argues that the law should normatively take cognizance of this issue.  After all, the mere fact that we may not be aware of, much less consciously intend, race-contingent behaviour does not magically erase the harm. The article concludes by addressing the question of the appropriate response of the law and legal role players to the problem of implicit racial bias.

Challenges in Meeting the Electricity Needs of South Africa

2016 ◽  
Author(s):  
Joseph Roy-Aikins
Keyword(s):  
South Africa ◽  
Capacity Expansion ◽  
Plant Health ◽  
Nineteen Nineties ◽  
Short Term ◽  
Power Utility ◽  
Technical Problems ◽  
Load Growth ◽  
The Government

The state-owned power utility, Eskom, generates about ninety five percent of the electricity produced in South Africa. Plans by the government of South Africa in the mid-nineteen nineties to restructure the electricity industry in the country prevented Eskom from embarking on capacity expansion activities when it was necessary. Load growth, as a result of economic growth and a national electrification programme, caused an erosion of the electricity reserve margin, which was quite massive in the early nineties. The large reserve margin then caused Eskom to reduce operating capacity by mothballing some generating plants and putting them in reserve storage. The current situation is that the reserve margin has dropped to about 17,4 percent and a capacity expansion programme is underway. Though the apparent reserve margin is within the desired range, plant unavailability has diminished the reserve margin in real terms and this does not leave Eskom with much room for planned maintenance and a buffer to manage unplanned maintenance, the result being that plant incidents and technical problems cannot easily be absorbed within the power system to avoid interruption of supply. Also, the new environmental legislation does not help the situation, as it has the potential to shut down generating plants that do not meet the new emissions standard. In addition, there have been problems with the New Build Programme that caused a delay, of over three years, in the delivery of new power, and to compound the problem the Energy Regulator refused recently Eskom’s application for additional tariff increase, which was requested to enable the company provide the finances to cover the shortfall in funding for operational expenses and the New Build Programme. As such, Eskom faces many challenges in meeting its obligation to South Africa, and interventions are in place to manage the situation. In the short term, the key to generation sustainability is improved plant health, brought about by on-time maintenance and correctly-scoped and no-slip outages. This paper presents an overview of the power situation in South Africa, explaining where the country has come from, the plan for long term security of supply, and the challenges faced by Eskom from the generation supply side in meeting the demand load in the short term. Trends in the performance indices indicative of plant health are examined and it is argued that executing planned plant maintenance will improve plant health and, hence, plant availability, which can bring about a turnaround in the short term power supply situation, as Eskom awaits new capacity from the New Build Programme.

scholarly journals The Myth of Objectivity: Implicit Racial Bias and the Law (Part 1)

2017 ◽  
Vol 20 ◽  
pp. 1
Author(s):  
Willem Hendrik Gravett
Keyword(s):  
South Africa ◽  
Racial Bias ◽  
Legal Theory ◽  
Fundamental Principle ◽  
Human Mind ◽  
Racial Prejudice ◽  
Theory And Practice ◽  
Differential Treatment ◽  
Implicit Racial Bias ◽  
The Law

The centrality of race to our history and the substantial racial inequalities that continue to pervade society ensure that "race" remains an extraordinarily salient and meaningful social category.  Explicit racial prejudice, however, is only part of the problem.  Equally important - and likely more pervasive - is the phenomenon of implicit racial prejudice: the cognitive processes whereby, despite even our best intentions, the human mind automatically classifies information in racial categories and against disfavoured social groups. Empirical research shows convincingly that these biases against socially disfavoured groups are (i) pervasive; (ii) often diverge from consciously reported attitudes and beliefs; and (iii) influence consequential behaviour towards the subjects of these biases. The existence of implicit racial prejudices poses a challenge to legal theory and practice. From the standpoint of a legal system that seeks to forbid differential treatment based upon race or other protected traits, if people are in fact treated differently, and worse, because of their race or other protected trait, then the fundamental principle of anti-discrimination has been violated. It hardly matters that the source of the differential treatment is implicit rather than conscious bias. This article investigates the relevance of this research to the law by means of an empirical account of how implicit racial bias could affect the criminal trial trajectory in the areas of policing, prosecutorial discretion and judicial decision-making.  It is the author's hypothesis that this mostly American research also applies to South Africa. The empirical evidence of implicit biases in every country tested shows that people are systematically implicitly biased in favour of socially privileged groups. Even after 1994 South Africa – similar to the US – continues to be characterised by a pronounced social hierarchy in which Whites overwhelmingly have the highest social status. The author argues that the law should normatively take cognizance of this issue.  After all, the mere fact that we may not be aware of, much less consciously intend, race-contingent behaviour does not magically erase the harm. The article concludes by addressing the question of the appropriate response of the law and legal role players to the problem of implicit racial bias.

scholarly journals Decent Work for All: Rethinking Decent Work in the Context of South Africa

2020 ◽  
Vol 2020 (2) ◽  
Author(s):  
Carmen Ludwig ◽  
Edward Webster
Keyword(s):  
South Africa ◽  
Diagnostic Tool ◽  
Decent Work ◽  
Working People ◽  
The Government ◽  
Vulnerable Workers

The authors argue that there is a need to rethink what a commitment to decent work would mean in the context of South Africa, a country with a large number of long term unemployed. Drawing on their experience of researching work in South Africa, they highlight the relevance of the agency of workers for the progressive realisation of a decent work agenda. The lukewarm response of the government to the diagnostic tool designed to measure decent work led the authors to reframe decent work in a positive way as an organising tool to recruit vulnerable workers into a broader, more inclusive movement of working people.

A Call for Public Participation in the Treaty-making Process in South Africa: What can South Africa Learn from the Kingdom of Thailand?

2020 ◽  
Vol 53 (1) ◽  
Author(s):  
Retselisitsoe Phooko
Keyword(s):  
South Africa ◽  
Human Rights ◽  
Public Participation ◽  
International Treaty ◽  
Legal Implications ◽  
Future Situation ◽  
Rules Of Procedure ◽  
The Republic ◽  
The Government ◽  
Personal Jurisdiction

On 2 August 2002 South Africa signed the Southern African Development Community (SADC) Protocol on Tribunal and the Rules of Procedure Thereof, thus effectively recognising and accepting the jurisdiction of the SADC Tribunal. Among the cases received by the SADC Tribunal was a complaint involving allegations of human rights violations by the government of Zimbabwe. It ruled that the government of Zimbabwe had violated human rights. Consequently, Zimbabwe mounted a politico-legal challenge against the existence of the Tribunal. This resulted in the review of the role and functions of the Tribunal in 2011 which resulted in the Tribunal being barred from receiving new cases or proceeding with the cases that were already before it. Furthermore, on 18 August 2014, the SADC Summit adopted and signed the 2014 Protocol on the Tribunal in the SADC which disturbingly limits personal jurisdiction by denying individual access to the envisaged Tribunal, thus reducing it to an inter-state judicial forum. This article critically looks at the decision of 18 August 2014, specifically the legal implications of the Republic of South Africa’s signing of the 2014 Protocol outside the permissible procedure contained in article 37 of the SADC Protocol on the Tribunal. It proposes that South Africa should correct this democratic deficit by introducing public participation in treaty-making processes in order to prevent a future situation where the executive unilaterally withdraws from an international treaty that is meant to protect human rights at a regional level. To achieve this, this article makes a comparative study between South Africa and the Kingdom of Thailand to learn of any best practices from the latter.

Is Xenophobic Violence and Criminality Systemic in Post-Apartheid South Africa? A Critical Analysis of Growing Denialism to 2015 Incidents

Politeia ◽  
2018 ◽  
Vol 37 (1) ◽  
Author(s):  
Mbekezeli Comfort Mkhize ◽  
Kongko Louis Makau
Keyword(s):  
South Africa ◽  
Rule Of Law ◽  
Critical Analysis ◽  
Hate Crime ◽  
International Organisations ◽  
Foreign Nationals ◽  
The Rule Of Law ◽  
South Africans ◽  
Structural Problems ◽  
The Government

This article argues that the 2015 xenophobic violence was allowed to spread due to persistent inaction by state officials. While the utterances of King Goodwill Zwelithini have in part fuelled the attacks, officials tend to perceive acts of xenophobia as ordinary crimes. This perception has resulted in ill-advised responses from the authorities, allowing this kind of hate crime against foreign nationals to engulf the whole country. In comparison with similar attacks in 2008, the violent spree in 2015 is characterised by a stronger surge in criminal activities. The militancy showcased fed a sense of insecurity amongst foreigners, creating a situation inconsistent with the country’s vaunted respect for human rights and the rule of law. Investors lost confidence in the country’s outlook, owing in part to determined denialism in government circles regarding the targeting of foreigners. While drawing from existing debates, the article’s principal objective is to critically examine the structural problems that enable xenophobia to proliferate and the (in)effectiveness of responses to the militancy involved in the 2015 attacks. Of particular interest are the suggested responses that could be effective in curbing future violence. The article concludes that xenophobia is systemic in post-apartheid South Africa. Strong cooperation between the government, national and international organisations could provide the basis for successful anti-xenophobia measures. The article further argues that the country is obliged to find a sustainable solution to the predicament for humanitarian reasons firstly, and in recognition of the support South Africans received from its African counterparts during the liberation struggle.

UN-BLURRING THE MYTHS AND REALITIES OF WOMEN AND CHILDREN’S RIGHTS IN SOUTH AFRICA

2017 ◽  
Vol 14 (2) ◽  
pp. 109-120
Author(s):  
T N Sithole ◽  
Kgothatso B Shai
Keyword(s):  
South Africa ◽  
Children's Rights ◽  
Theory And Practice ◽  
Children’S Rights ◽  
Vulnerable Groups ◽  
Great Awareness ◽  
Policy Theory ◽  
Rights Of The Child ◽  
The Status ◽  
Customary Practices

Awareness of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW 1979) and the Convention on the Rights of the Child (CRC 1989) is relatively high within academic and political circles in South Africa and elsewhere around the world. In South Africa, this can be ascribed mainly to the powerful women’s lobby movements represented in government and academic sectors. Women and children’s issues have been especially highlighted in South Africa over the last few years. In this process, the aforementioned two international human rights instruments have proved very useful. There is a gender desk in each national department. The Office on the Status of Women and the Office on Child Rights have been established within the Office of the President, indicating the importance attached to these institutions. These offices are responsible for co-ordinating governmental efforts towards the promotion and protection of women and children’s rights respectively, including the two relevant treaties. Furthermore, there is also a great awareness amongst non-Governmental Organisations (NGOs) in respect of CEDAW and CRC. This can be ascribed mainly to the fact that there is a very strong women’s NGO lobby and NGOs are actively committed to the promotion of children’s rights. Women are increasingly vocal and active within the politics of South Africa, but the weight of customary practices remains heavy. The foregoing is evident of the widening gap between policy theory and practice in the fraternity of vulnerable groups – children and women in particular.

Negative Media Effects and Islamic Remedies (Penyelesaian Kepada Kesan Negatif Media Menurut Perspektif Islam)

2010 ◽  
Vol 7 (2) ◽  
pp. 215
Author(s):  
Mohd. Shuhaimi Ishak
Keyword(s):  
Public Relations ◽  
Social Influences ◽  
The Political ◽  
Negative Effects ◽  
Essential Form ◽  
The Media ◽  
The Government ◽  
Effects Of Media ◽  
Political Economic

 Abstract Generally speaking, media is extensively used as the means to disseminate news and information pertaining to business, social, political and religious concerns. A portion of the time and space of media has now become an important device to generate economic and social activities that include advertising, marketing, recreation and entertainment. The Government regards them as an essential form of relaying news and information to its citizens and at the same time utilizes them as a powerful public relations’ mechanism. The effects of media are many and diverse, which can either be short or long term depending on the news and information. The effects of media can be found on various fronts, ranging from the political, economic and social, to even religious spheres. Some of the negative effects arising from the media are cultural and social influences, crimes and violence, sexual obscenities and pornography as well as liberalistic and extreme ideologies. This paper sheds light on these issues and draws principles from Islam to overcome them. Islam as revealed to humanity contains the necessary guidelines to nurture and mould the personality of individuals and shape them into good servants. Key Words: Media, Negative Effects, Means, Islam and Principles. Abstrak Secara umum, media secara meluas digunakan sebagai sarana untuk menyebarkan berita dan maklumat yang berkaitan dengan perniagaan, kemasyarakatan, pertimbangan politik dan agama. Sebahagian dari ruang dan masa media kini telah menjadi peranti penting untuk menghasilkan kegiatan ekonomi dan sosial yang meliputi pengiklanan, pemasaran, rekreasi dan hiburan. Kerajaan menganggap sarana-sarana ini sebagai wadah penting untuk menyampaikan berita dan maklumat kepada warganya dan pada masa yang sama juga menggunakannya sebagai mekanisme perhubungan awam yang berpengaruh. Pengaruh media sangat banyak dan pelbagai, samada berbentuk jangka pendek atau panjang bergantung kepada berita dan maklumat yang brekenaan. Kesan dari media boleh didapati mempengaruhi pelbagai aspek, bermula dari bidang politik, ekonomi, sosial bahkan juga agama. Beberapa kesan negatif yang timbul dari media ialah pengaruhnya terhadap budaya dan sosial, jenayah dan keganasan, kelucahan seksual dan pornografi serta ideologi yang liberal dan ekstrim. Kertas ini menyoroti isu-isu ini dan cuba mengambil prinsip-prinsip dari ajaran Islam untuk mengatasinya. Tujuan Islam itu sendiri diturunkan kepada umat manusia ialah untuk menjadi pedoman yang diperlukan untuk membina dan membentuk keperibadian individu dan menjadikan manusia hamba yang taat kepada Tuhannya. Kata Kunci: Media, Kesan Negatif, Cara-cara, Islam dan Prinsip-prinsip.

The Theory and Practice of Free Education in Nigeria: A Philosophical Critique

2018 ◽  
Vol 4 (1) ◽  
pp. 135-145
Author(s):  
Olatunji, M. Olalekan
Keyword(s):  
Descriptive Study ◽  
Theory And Practice ◽  
Philosophical Analysis ◽  
Philosophical Critique ◽  
Policy Statements ◽  
The Government

This paper attempts to locate the genesis of free education in Nigeria and to trace its development. Besides, a philosophical critique of the theory and practice of free education in the country is also attempted with the facts and fallacies highlighted. The paper is a descriptive study and applies philosophical analysis. In the concluding part, it is suggested among other things that government at all levels in Nigeria should state more clearly their stance on free education,  publicize this, together with  the most important aspects of the policy statements on free education so that the citizenry can know the limit of their expectation from the government.

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