The Road to Reading for South African Learners

2012 ◽  
Author(s):  
Maike Malda ◽  
Carisma Nel ◽  
Fons van de Vijver
Keyword(s):  
Obiter ◽  
2021 ◽  
Vol 32 (1) ◽  
Author(s):  
Frans E Marx

The laws of defamation all over the world share a common denominator – the balancing of two basic human rights: the right to freedom of expression and the right to reputation. In spite of this common objective, the laws pertaining to defamation often differ substantially from country to country and courts are often reluctant to apply legal rules or recognize judgments of foreign courts in this regard. Until recently the question as to which law to apply in cases involving delict was neglected in most legal systems. Although this position has changed in many countries as a result of technological development as well as modern communication systems, South African choice of law in delict remained almost non-existent. In spite of the prevalence of the lex fori as connecting factor under the influence of Von Savigny in the past, and until recently in England, it is today generally accepted that the lex loci delicti should, at least as a point of departure, be used as the connecting factor in delict. As Forsyth points out, the application of the lex loci delicti is in accord with the locus regit actum principle as well as the vested rights theory. The application of the lex loci delicti is not without problems however. One problem is that the place where the delict was committed is not always clear. The elements constituting the delict may have their origin in different jurisdictions. A product manufactured in one country, may cause damage in another. Is the lex loci delicti the place where the conduct (manufacturing) took place or the place where the damage was caused? Moreover, harm may be caused in different countries where the defective products are available. Another example is defamation. A defamatory statementpublished in one country may cause damage in another jurisdiction. The problem becomes even more prevalent where a defamatory statement is uploaded on the Internet. A statement uploaded on a server in one country can be and generally is accessible in a multiplicity of countries. To complicate matters further, the statement may cause pecuniary damage in one or more countries and personality infringement in another. Moreover, because the requirements for defamation are closely linked to public policy and a country’s attitude towards the protection of freedom of expression, the statement may be regarded as defamatory in one country but not in another. A second problem is that the lex loci delicti may be perfectly clear, but may be almost irrelevant. The typical example is illustrated in the American case of Babcock v Jackson (191 NE 2d 279 (1963)), where a car, registered and insured in New York with driver and passengers resident in New York, left the road in Ontario during an over-the-border drive with resultant injury to one of the passengers. In this scenario the place where the delict occurred is clearly Ontario but this single fact is less significant than all the other factors that have connection with the delict and the parties, namely New York. The lex loci delicti rule fails to assign an appropriate system in this type of case. That is the reason why the New York court in Babcock applied New York law. In South Africa very little case law exists regarding the choice of law in delict and, until now, regarding choice-of-law in defamation. The few casesthat were reported did not deal with the matter satisfactorily. The matter is therefore still very much res nova and open to our courts to break new ground. This is exactly why the judgment of Crouse AJ in Burchell v Anglin (2010 3 SA 48 (ECG)) can be regarded asa ground-breaking decision.


2021 ◽  
Vol 67 (4) ◽  
pp. 1-8
Author(s):  
Jacob Adedayo Adedeji ◽  
Xoliswa Feikie

Road traffic fatality is rated as one of the ten causes of death in the world and with various preventive measures on a global level, this prediction is only placed on flat terrain and didn’t reduce. Nevertheless, road users’ communication is an essential key to traffic safety. This communication, be it formal or informal between the road users is an important factor for smooth traffic flow and safety. Communication language on roads can be categorized into; formal device-based signal (formal signal), formal hand signal (formal signal), informal device-based signal (informal signal), and informal gesture-based signal (everyday signal). However, if the intent of the message conveys is not properly understood by the other road user, mistakes and errors may set in. Overall, the formal signal is based on explicit learning which occurs during the driving training and the license testing process and the informal, implicit learning occur during the actual driving process on the road unintentionally. Furthermore, since the informal signal is not a prerequisite to driving or taught in driving schools, novice drivers are clueless and thus, might have contributed to errors and mistakes which leads to traffic fatalities. Therefore, this study seeks to document the informal means of communication between drivers on South African roads. Consequently, a qualitative semi-structured interview questionnaire would be used in the collection of informal signals, which were predominantly used on South African roads from driving instructors and thereafter, a focus group of passengers’ car, commercial and truck drivers will be used to validate the availability and their understanding of these informal signals using a Likert-type scale for the confidence level. In conclusion, the information gathered from this study will help improve road safety and understanding of road users especially drivers on the necessity of communication and possible adaptation for other developing countries.


1991 ◽  
Vol 47 (1) ◽  
Author(s):  
B. Engelbrecht

Liberation theology can only be understood as a pseudo-theology inspired by the spirit of Marx. It is not a bona fide or leg itimate theology, but the polar opposite thereof. Its destructive aims mirror those of Marxism, which can only be understood if the demonic spirit of Marx is seen as its real origin. The Kairos Document and the Road to Damascus replaced the biblical God with the anti-god of Marx, the deified proletariat and the deified revolution. The article calls for a reconversion to God who revealed himself in Jesus Christ of Scriptures. Orthodox theology is truly ‘thisworldly’ theology, since it offers real hope and salvation. The Marxist gospel can only offer a utopia, a ‘no-place’. It is self-alienating, world-aUenating and God-alienating.


Communicatio ◽  
2012 ◽  
Vol 38 (1) ◽  
pp. 84-102 ◽  
Author(s):  
Jeanne van Eeden
Keyword(s):  

2021 ◽  
Vol 67 (4) ◽  
pp. 1-8
Author(s):  
Jacob Adedayo Adedeji ◽  
Xoliswa E Feikie

Road traffic fatality is rated as one of the ten causes of death in the world and with various preventive measures on a global level, this prediction is only placed on flat terrain and didn’t reduce. Nevertheless, road users’ communication is an essential key to traffic safety. This communication, be it formal or informal between the road users is an important factor for smooth traffic flow and safety. Communication language on roads can be categorized into; formal device-based signal (formal signal), formal hand signal (formal signal), informal device-based signal (informal signal), and informal gesture-based signal (everyday signal). However, if the intent of the message conveys is not properly understood by the other road user, mistakes and errors may set in. Overall, the formal signal is based on explicit learning which occurs during the driving training and the license testing process and the informal, implicit learning occur during the actual driving process on the road unintentionally. Furthermore, since the informal signal is not a prerequisite to driving or taught in driving schools, novice drivers are clueless and thus, might have contributed to errors and mistakes which leads to traffic fatalities. Therefore, this study seeks to document the informal means of communication between drivers on South African roads. Consequently, a qualitative semi-structured interview questionnaire would be used in the collection of informal signals, which were predominantly used on South African roads from driving instructors and thereafter, a focus group of passengers’ car, commercial and truck drivers will be used to validate the availability and their understanding of these informal signals using a Likert-type scale for the confidence level. In conclusion, the information gathered from this study will help improve road safety and understanding of road users especially drivers on the necessity of communication and possible adaptation for other developing countries.


2000 ◽  
Vol 18 (1) ◽  
pp. 45-65
Author(s):  
Rassie Malherbe

Few would argue that the democratisation of South Africa is one of the most fascinating examples of constitutional engineering during the latter half of the 20th century. This article recounts the negotiating process leading up to the adoption of the Constitution of 1996, and highlights the main features of the Constitution. The features discussed are majority government, the principle of constitutional supremacy, the content and application of the Bill of Rights – with some emphasis on its impact so far on social change –, the role of the independent judiciary, the principle of co-operative government which governs the relationship between the three spheres of government, and the ways in which the diversity prevalent in the South African society has been accommodated. Some comments are also made on the necessity for the creation of a human rights culture to support the new Constitution. The article concludes with the remark that, although serious obstacles remain, a solid start has been made on the road to a constitutional democracy with justice for all.


2017 ◽  
Vol 99 (904) ◽  
pp. 13-16

Every day, people all over the world leave their homes in search of a better life. On the road, many go missing. The mandate of the International Committee of the Red Cross (ICRC) to protect the lives and dignity of victims of armed conflict and other situations of violence includes, in certain contexts, protection of vulnerable migrants. The ICRC missing migrants pilot project aims to locate or clarify the fate of Zimbabwean migrants who went missing in South Africa, on behalf of their families. The ICRC aims to work with South African and Zimbabwean authorities to support and enhance existing systems, tools and resources used for locating missing relatives, living or dead. Additionally, the ICRC carries out and supports the activities of National Red Cross and Red Crescent Societies in the region to restore contact between and where possible reunify family members, in particular children, who have been separated by conflict, migration, displacement or natural or man-made disasters.The Review has chosen to open this issue with the stories of family members of missing migrants in Zimbabwe. The section aims to show the everyday struggle, sometimes lasting for many years, of those that live with continuous uncertainty regarding the fate and whereabouts of their loved ones. As a result of the disappearances associated with migration, families searching for missing relatives often face a range of needs and challenges. These persons chose to share their life stories with the Review, allowing our readers to understand the intricate balance of uncertainty, hope and the “need to know” that family members of missing migrants live with every day. The testimonies were given to the ICRC in Zimbabwe in November 2017. In order to protect the families, their names have been omitted.


1999 ◽  
Vol 40 (1) ◽  
pp. 21-40 ◽  
Author(s):  
JAN-BART GEWALD

ON the morning of 12 January 1904, shooting started in Okahandja, a small town in German South West Africa, present-day Namibia. When the Herero–German war finally ended four years later, Herero society, as it had existed prior to 1904, had been completely destroyed. In the genocidal war which developed, the Herero were either killed in battle, lynched, shot or beaten to death upon capture, or driven to death in the waterless wastes that make up much of Namibia. Within Namibia, the surviving Herero were deprived of their chiefs, prohibited from owing land and cattle, and prevented from practising their own religion. Herero survivors, the majority of whom were women and children, were incarcerated in prison camps and put to work as forced labourers for the German military and settlers.Over the years there have been a fair number of works dealing with the causes and effects of the Herero–German war of 1904–8. It has been argued that the loss of land, water, cattle and liberty, coupled with the activities of unscrupulous traders and German colonial officials, steered the Herero into launching a carefully planned, countrywide insurrection against German colonial rule. In brief, ‘in 1904, the Herero, feeling the cumulative and bitter effects of colonial rule in South West Africa, took advantage of the withdrawal of German troops from central Hereroland…and revolted’.


2005 ◽  
Vol 26 (1) ◽  
pp. 174-185
Author(s):  
J C M
Keyword(s):  
The Road ◽  

A narrative and autobiographical approach is taken in this article in order to explore and explain reconciliation. In the process the concepts of privilege, shame and new choices, within a specific story, are taken as the guiding beacons on the road to reconciliation in the South African situation. 


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