scholarly journals Unsavoury: How effective are class actions in the protection and vindication of the right to access to food in South Africa?

2021 ◽  
pp. 1-24
Author(s):  
Safura Abdool Karim ◽  
Petronell Kruger
Keyword(s):  
South Africa ◽  
Class Actions ◽  
The Right ◽  
Access To Food

THE STATE OF OPEN ACCESS ADOPTION IN LEGAL SCHOLARLY COMMUNICATION: AN ANALYSIS OF SELECTED OPEN ACCESS RESOURCES

Mousaion ◽  
2016 ◽  
Vol 34 (1) ◽  
pp. 83-100
Author(s):  
Solomon Bopape
Keyword(s):  
South Africa ◽  
Open Access ◽  
Open Access Publishing ◽  
The Internet ◽  
Free Access ◽  
Access To Information ◽  
Legal Information ◽  
Scholarly Literature ◽  
Open Access Resources ◽  
The Right

The study of law focuses, among other aspects, on important issues relating to equality, fairness and justice in as far as free access to information and knowledgeis concerned. The launching of the Open Access to Law Movement in 1992, the promulgation of the Durham Statement on Open Access to Legal Scholarshipin 2009, and the formation of national and regional Legal Information Institutes (LIIs) should serve as an indication of how well the legal world is committed to freely publishing and distributing legal information and knowledge through the Internet to legal practitioners, legal scholars and the public at large aroundthe world. In order to establish the amount of legal scholarly content which is accessible through open access publishing innovations and initiatives, this studyanalysed the contents of websites for selected open access resources on the Internet internationally and in South Africa. The results of the study showed that there has been a steady developing trend towards the adoption of open access for legal scholarly literature internationally, while in South Africa legal scholarly literature is under the control of commercial publishers. This should be an issue for the legal scholarship which, among its focus, is to impart knowledge about the right of access to information and knowledge.

Victim Participation in Parole Proceedings in South Africa

2019 ◽  
Vol 34 (1) ◽  
Author(s):  
Jamil Mujuzi
Keyword(s):  
South Africa ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
South African ◽  
Justice System ◽  
Criminal Procedure ◽  
Prison Inmate ◽  
Parole Board ◽  
Victims Of Crime ◽  
The Right

South African law provides for circumstances in which victims of crime may participate in the criminal justice system at the investigation, prosecution (trial), sentencing and parole stages. In South Africa, a prison inmate has no right to parole although the courts have held that they have a right to be considered for parole. In some cases, the victims of crime have a right to make submissions to the Parole Board about whether the offender should be released on parole. Section 299A of the Criminal Procedure Act 51 of 1977 provides for the right of victims of crime to participate in parole proceedings. The purpose of this article is to discuss section 299A and illustrate ways in which victims of crime participate in the parole process. The author also recommends ways in which victims’ rights in section 299A of the Criminal Procedure Act could be strengthened.

VIRGINITY TESTING PRACTICES: THE BEST OF BOTH WORLDS

2016 ◽  
Vol 26 (1) ◽  
Author(s):  
Sheila Mokoboto-Zwane
Keyword(s):  
South Africa ◽  
Cultural Beliefs ◽  
Cultural Practice ◽  
Bodily Integrity ◽  
Sexually Transmitted ◽  
Young Females ◽  
Unwanted Pregnancies ◽  
The Right ◽  
Democratic Elections ◽  
Virginity Testing

Controversy continues to surround the age-old practice of virginity testing, which in South Africa made a visible comeback around the time of the country’s first democratic elections when most South Africans began to feel free to practise their cultural beliefs without fear. It coincided with the period when the HIV pandemic began to take hold. It is practised mainly in some countries of Asia and Africa, and in South Africa it is practised mainly amongst amaZulu. It is believed that this practice prevents unwanted pregnancies and sexually transmitted diseases (STDs), especially HIV/AIDS, as well as engendering a sense of pride in teenage and young females, in particular. However, some individuals, organisations and sectors of the community frown upon the practice because it violates constitutional laws that protect the right to equality, privacy, bodily integrity and sexual autonomy. The purpose of this article is to present current discourse on the cultural practice of virginity testing and the controversies surrounding this discourse. This article draws its arguments from the existing literature on virginity testing.

Fulfilling the Right to Food for South Africa: Justice, Security, Sovereignty and the Politics of Malnutrition

2020 ◽  
Vol 11 (3) ◽  
pp. 112-152
Author(s):  
Busiso Helard Moyo ◽  
Anne Marie Thompson Thow
Keyword(s):  
South Africa ◽  
Food Systems ◽  
Food System ◽  
Food Sovereignty ◽  
Food Justice ◽  
System Transformation ◽  
Right To Food ◽  
Economic Rights ◽  
The Individual ◽  
The Right

Despite South Africa’s celebrated constitutional commitments that have expanded and deepened South Africa’s commitment to realise socio-economic rights, limited progress in implementing right to food policies stands to compromise the country’s developmental path. If not a deliberate policy choice, the persistence of hunger, food insecurity and malnutrition in all its forms is a deep policy failure.  Food system transformation in South Africa requires addressing wider issues of who controls the food supply, thus influencing the food chain and the food choices of the individual and communities. This paper examines three global rights-based paradigms – ‘food justice’, ‘food security’ and ‘food sovereignty’ – that inform activism on the right to food globally and their relevance to food system change in South Africa; for both fulfilling the right to food and addressing all forms of malnutrition. We conclude that the emerging concept of food sovereignty has important yet largely unexplored possibilities for democratically managing food systems for better health outcomes.

scholarly journals The transition to general management in South Africa

2017 ◽  
Vol 15 (0) ◽  
Author(s):  
Stephen J. Mallaby ◽  
Gavin Price ◽  
Karl Hofmeyr
Keyword(s):  
South Africa ◽  
South African ◽  
Personal Characteristics ◽  
Structured Interviews ◽  
General Manager ◽  
General Management ◽  
General Managers ◽  
Managerial Implications ◽  
Effective Development ◽  
The Right

Orientation: Understanding the nature and challenges of making the transition from a functional role to a general management role in South African organisations.Research purpose: The objective of this study was to gain insight into the obstacles that affect the transition from functional to general management and identify steps that may be taken to overcome these challenges.Motivation for the study: One of the most difficult crossroads for a manager is making the shift from being a functional specialist to becoming a general manager. New competencies and behaviours are required, as well as a more strategic mind set. If the transition is not made successfully, the manager and the organisation suffer.Research design, approach and method: A qualitative design was used consisting of in-depth, semi-structured interviews, with 19 senior business leaders who had successfully made the transition. The interviews were used to gather insights into the challenges they faced during their transitions, and how these were overcome.Main findings: To make the transition successfully, functional managers need to gain relevant experience to prepare them for the broader scope of a general management role. They need to develop appropriate skills, attitudes and personal characteristics. Mentoring is an effective development process. Newly appointed general managers need to learn to let go of control while maintaining ownership, build relationships and strike the right balance between strategic thinking and execution. There are unique aspects of being a general manager in South Africa, such as dealing with Black Economic Empowerment and challenges of race and identity, given the country’s history.Practical and managerial implications: Specific interventions are suggested which are directed at both aspiring general managers and organisations seeking to assist middle managers to make the transition to general managers.Contribution: This study contributes to knowledge concerning the skills and attributes required by potential general managers, and the practical steps to be taken by South African organisations to facilitate the development of general managers. 

scholarly journals After Mazibuko: Exploring the responses of communities excluded from South Africa's water experiment

2017 ◽  
Vol 61 (1) ◽  
pp. 57-81 ◽  
Author(s):  
Nathan John Cooper
Keyword(s):  
South Africa ◽  
Resource Allocation ◽  
Social Engagement ◽  
Water Allocation ◽  
Constitutional Court ◽  
Water Access ◽  
Cultural Phenomenon ◽  
Legal Provisions ◽  
Constitutional Right ◽  
The Right

AbstractDespite a constitutional right to water, challenges remain for access to sufficient water in South Africa. This article considers the degree to which current legal provisions perpetuate approaches that are antithetical to genuinely eco-socio-sustainable water access. Water in South Africa has largely been re-cast as a commodity, exposed to market rules, proving problematic for many and giving rise to various responses, including litigation. In the seminal case of Mazibuko, the Constitutional Court failed to provide robust protection to the right to water, providing impetus for the formation of “commons” strategies for water allocation. Indeed, “commoning” is beginning to represent not only an emerging conceptual strand in urban resource allocation, but also a dynamic, contemporary, eco-sensitive, socio-cultural phenomenon, driving innovative, interactive and inclusive forms of planning and social engagement. Against the backdrop of unequal water access, commoning offers glimpses of an empowering and enfranchising subaltern paradigm.

The 1992 Referendum in South Africa

1993 ◽  
Vol 31 (2) ◽  
pp. 339-360 ◽  
Author(s):  
Annette Strauss
Keyword(s):  
South Africa ◽  
Democratic Party ◽  
Conservative Party ◽  
The State ◽  
Reform Process ◽  
Election Campaign ◽  
Right Wing ◽  
National Party ◽  
White Voters ◽  
The Right

The ruling National Party (N.P.) asked white voters during the 1989 election campaign for a mandate to negotiate with all concerned about a new constitution, an undivided South Africa, one citizenship, equal votes, protection of minorities, and the removal of stumbling blocks such as discrimination against people of colour.1 Although the N.P. achieved a cleat majority – 93 seats against 39 for the Conservative Party (C.P.) and 33 for the Democratic Party (D.P.) – the right-wing opposition made destinct progress by gaining 17 seats. After the C.P had captured a further three from the N.P. in by-elections, including Potchefstroom in February 1992, President F. W. de Klerk announced in Parliament that whites would be asked the following month to vote in a referendum in order to remove any doubts about his mandate. The carefully worded question which the electorate had to answer was as follows: Do you support continuation of the reform process which the State President began on February 2, 1990 and which is aimed at a new constitution through negotiation?

COUNTRY DIFFERENCES IN HOUSING RIGHTS: A COMPARATIVE ANALYSIS

2021 ◽  
Author(s):  
Тамерлан Шайх-Магомедович Едреев
Keyword(s):  
South Africa ◽  
Comparative Analysis ◽  
The Netherlands ◽  
Human Right ◽  
Housing Rights ◽  
Country Differences ◽  
The Right

Каждый имеет право на жилище. Никто не может быть произвольно лишен жилища. В статье проанализированы особенности реализации универсального права человека на жилище в отдельных странах (на примере Нидерландов и ЮАР), принадлежащих к разным правовым семьям. Everyone has the right to housing. No one can be arbitrarily deprived of their home. The article analyzes the features of the implementation of the universal human right to housing in individual countries (on the example of the Netherlands and South Africa) belonging to different legal families.

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