Fundamental rights in the rainbow nation: Intergroup contact, threat, and support for newcomers’ rights in post-apartheid South Africa.

2016 ◽  
Vol 22 (4) ◽  
pp. 367-379 ◽  
Author(s):  
Régine Debrosse ◽  
Megan E. Cooper ◽  
Donald M. Taylor ◽  
Roxane de la Sablonnière ◽  
Jonathan Crush
Keyword(s):  
South Africa ◽  
Intergroup Contact ◽  
Fundamental Rights

Drawing the Line between Dismissal for Alcoholism (Incapacity) and Dismissal for Drunkenness (Misconduct). Are the Boni Mores Compromised?

2018 ◽  
Vol 41 ◽  
pp. 57-63
Author(s):  
Thandekile Phulu
Keyword(s):  
South Africa ◽  
Economic Development ◽  
Social Justice ◽  
Occupational Health ◽  
Health And Safety ◽  
Occupational Health And Safety ◽  
Fundamental Rights ◽  
Labour Relations ◽  
Labour Practice ◽  
The Republic

In South Africa employees are protected by various pieces of legislation. Section 23 of the Constitution of the Republic of South Africa 1996 provides for a right to fair labour practice. In its preamble the Labour Relations Act 66 of 1995 (hereafter referred to as the LRA) states that the purpose of the Act is to advance economic development, social justice, labour peace and democratisation of the workplace. The LRA also states that one of its objectives is to give effect to and regulate the fundamental rights conferred by section 27 of the Constitution. The Occupational Health and Safety Act as amended by the Occupational Health and Safety Amendment Act 181 of 1993 provides for the health and safety of persons at work and for the health and safety of persons in connection with the use of plant and machinery. The LRA provides for dismissal for incapacity and dismissals for misconduct. It also differentiates between the two. The LRA provides for both substantive and procedural fairness when dismissing an employee for incapacity and misconduct. This paper will examine the rationale behind differentiating between dismissal for drunkenness and dismissal for alcoholism.

The Constitution of the Republic of South Africa

1994 ◽  
Vol 38 (1) ◽  
pp. 70-77 ◽  
Author(s):  
John Hatchard
Keyword(s):  
South Africa ◽  
Fundamental Rights ◽  
New Order ◽  
South Africans ◽  
The People ◽  
The Republic ◽  
Fundamental Rights And Freedoms ◽  
We The People

“We the people of South Africa declare that … there is a need to create a new order in which all South Africans will be entitled to … enjoy and exercise their fundamental rights and freedoms.” (Preamble to the Constitution of the Republic of South Africa)

Developing the Jurisprudence of Constitutional Remedies for Breach of Fundamental Rights in South Africa: An Analysis of Hoffman and Related Cases

2018 ◽  
Vol 32 (1&2) ◽  
Author(s):  
Chuks Okpaluba
Keyword(s):  
South Africa ◽  
South African ◽  
Common Law ◽  
Case Law ◽  
Public Law ◽  
Fundamental Rights ◽  
Constitutional Court ◽  
Constitutional Rights ◽  
The Novel ◽  
Labour Law

In order to accomplish its objectives of extensively regulating rights and obligations, the 1996 Constitution of South Africa similarly provides for the enforcement of those rights by the courts. In turn, it has, in the said enforcement provisions, invested in the courts enormous discretionary powers to enable them to effectively deal with breaches of the entrenched fundamental rights as well as all constitutional rights violations. That the Constitutional Court has purposefully interpreted and made optimum use of the expressions: ‘appropriate relief’ and ‘just and equitable’ order in developing the constitutional remedies jurisprudence is crystal clear from a wealth of available case law. It is also not in doubt that the contributions of Justice Ngcobo (later Chief Justice) in this regard are intellectually gratifying. This presentation singles out for discussion and analysis the judgment of Ngcobo J in Hoffman v South African Airways 2001 (1) SA 1 (CC) which not only typifies judicial activism at its acme; it has also introduced into the South African public and labour laws, the novel remedy of ‘instatement.’ Apparently drawn from the analogy of the labour law remedy of reinstatement, ‘instatement’ is akin to the remedy of mandamus in public law, and specific performance in the law of contract. This article moves from the premise that this innovation is one of its kind in contemporary common law jurisprudence and one which courts in the common law jurisdictions world would no doubt emulate one fine day.

scholarly journals Giving Effect to Refugee Children’s Fundamental Rights to Life and a Basic Education

Obiter ◽  
2019 ◽  
Vol 40 (3) ◽  
Author(s):  
Erika Serfontein
Keyword(s):  
South Africa ◽  
Inclusive Education ◽  
Basic Education ◽  
Well Being ◽  
Transition To Democracy ◽  
Fundamental Rights ◽  
Refugee Children ◽  
South Africans ◽  
Legislative Framework

A gap in research on the violation of the rights of refugee children to well-being and education – both prerequisites for living a good life – has been recognised internationally as well as nationally. This article endeavours to partially fill this gap by (a) presenting a background to the situation of refugees in South Africa in general and refugee children in particular, (b) delineating relevant concepts, (c) explaining the international and national legislative framework applicable to refugee children, (d) clarifying the role of education in the life of refugee children, (e) identifying the various challenges such children present for an inclusive education system, as well as (f) drawing conclusions and making recommendations on overcoming these challenges.South Africa has experienced an overwhelming growth in refugees since its transition to democracy in 1994. In contrast to the 1951 Convention,1 which defines a refugee as someone who is incapable or reluctant to return to their country of origin owing to a justified fear of being oppressed on the grounds of race, religion, nationality, membership of a particular social group, or political opinion, studies found that refugees and their children from the rest of the African continent, as well as from as far afield as China, Bangladesh and Pakistan, mainly flee to this country to escape conditions of poverty, civil discord and even war in search of a better life. Instead of being welcomed, however, refugee children are often met with intimidation, hate, xenophobia, aggressive nationalism, exclusion and discrimination by South Africans on a daily basis.By concentrating on refugee children and probing the results of significant studies indicating the persistent challenges facing the realisation of inclusive education in South Africa, the author advocates a humanitarian approach to refugee children in order to respect their dignity whilst recognising their rights to life and a basic education within the borders of South Africa.

scholarly journals A Critical Analysis of South Africa’s System of Government: From a Disjunctive System to a Synergistic System of Government

Obiter ◽  
2020 ◽  
Vol 41 (2) ◽  
pp. 257-274
Author(s):  
Lindelwa Mhlongo
Keyword(s):  
South Africa ◽  
Law Enforcement ◽  
South African ◽  
Electoral System ◽  
Fundamental Rights ◽  
Political Accountability ◽  
Home Village ◽  
The Right ◽  
High Level ◽  
Thabo Mbeki

The right to vote in South Africa is one of the fundamental rights recognised by the Constitution. South Africa ran its sixth election on 8 May 2019. Since the birth of democracy in 1994, it has had four presidents, two of whom did not serve their full term in office. Former President Thabo Mbeki resigned after he was recalled for using the country’s law enforcement system to undermine Jacob Zuma’s chances of succeeding him. He resigned with nine months to go in his second term in office. Mbeki’s successor, former President Jacob Zuma, also resigned from office during his second term with 14 months to go. Several stinging criticisms were levelled against him. For example, he was accused of tribalism and being a “ruralitarian” who lacked urban sophistication to understand and lead a large economy such as South Africa. He was also accused of benefiting his family through creating business opportunities for them and directing development projects to his home village. Furthermore, his government was accused of being weak on corruption, and being easily influenced by the communists. In light of the above, the question that begs for an answer is: does the current South African system of government and electoral system provide for high-level political accountability? In answering this question, further ancillary questions are posed throughout the article. What informed the drafters of the Electoral Amendment Act 73 of 1998 to choose the current electoral system? Is it time for South Africa to review its electoral system? How can South Africa increase the level of political accountability of the President?

Religious drug use in England, South Africa and the United States of America

2006 ◽  
Vol 1 (2) ◽  
pp. 165-177 ◽  
Author(s):  
Peter Edge
Keyword(s):  
United States ◽  
South Africa ◽  
Drug Use ◽  
International Law ◽  
Psychotropic Drugs ◽  
United States Of America ◽  
Religious Practice ◽  
The United States ◽  
The State ◽  
Fundamental Rights

AbstractThe question of whether there should be a fundamental right to sacramental use of psychotropic drugs, despite the existence of a general prohibition against the drug in question, has been considered by the courts of England, South Africa, and the United States. Despite the commonality of the issues in all three countries, the approaches taken by the courts show significant differences of interest beyond the factual situation. In particular, a consideration of the cases suggests different strategies in evaluating justificatory claims by the state when incidentally restricting religious practice; differing use of cases from other jurisdictions; and differing emphases on the importance of international law in interpreting fundamental rights.

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