South Africa

2019 ◽  
pp. 377-416
Author(s):  
Andrew Boutros
Keyword(s):  
South Africa ◽  
International Law ◽  
International Cooperation ◽  
South African ◽  
Legal Issues ◽  
The South ◽  
Legal Regime ◽  
International Conventions ◽  
Corporate Practice

The South African legal regime recognizes the role of international law and treaties, and much of South Africa’s anti-corruption legislation has been enacted to give effect to various international conventions and treaties. Accordingly, this chapter will discuss and detail the material developments in respect of bribery and anti-corruption legislation and further consider the interplay between applicable South African legislation and international conventions. This chapter will further, inter alia, cover legal issues relating to certain presumptions applicable to statutory offenses, the nature of what is referred to as “facilitation payments,” how “gifts, gratuities and hospitality” are dealt with in terms of applicable legislation, whistle-blower protection, international cooperation and extradition agreements, and the South African corporate practice regarding the foregoing. Where one is in breach of certain anti-corruption legislation, it should be noted that one may inadvertently also be in breach of South African anti-trust legislation, and these issues will be further considered and detailed herein.

scholarly journals Truth and reconciliation in South Africa: Hindu experiences and concerns

2004 ◽  
Vol 60 (4) ◽  
Author(s):  
P.G.J. Meiring
Keyword(s):  
South Africa ◽  
South African ◽  
Truth And Reconciliation Commission ◽  
Faith Communities ◽  
The South ◽  
Reconciliation Commission ◽  
Truth And Reconciliation ◽  
Hindu Community ◽  
The Way

The author who served on the South African Truth and Reconciliation Commission (TRC), focuses on the Hindu experience in South Africa during the apartheid years. At a special TRC Hearing for Faith Communities (East London, 17-19 November 1997) two submissions by local Hindu leaders were tabled. Taking his cues from those submissions, the author discusses four issues: the way the Hindu community suffered during these years, the way in which some members of the Hindu community supported the system of apartheid, the role of Hindus in the struggle against apartheid, and finally the contribution of the Hindu community towards reconciliation in South Africa. In conclusion some notes on how Hindus and Christians may work together in th

South Africa and Scotland in the First World War

2016 ◽  
Author(s):  
Jonathan Hyslop
Keyword(s):  
South Africa ◽  
South African ◽  
British Empire ◽  
The South ◽  
Political Identities ◽  
South Africans ◽  
The First World War ◽  
Battle Of The Somme ◽  
First World

This chapter discusses the powerful and long-lasting impact Scottish military symbolism on the formation of military culture in South Africa. Drawing on the work of John MacKenzie and Jonathan Hyslop’s notion of ‘military Scottishness’, this chapter analyses how Scottish identity both interacted with the formation of political identities in South Africa, and ‘looped back’ to connect with changing forms of national identity in Scotland itself. In particular, it addresses how the South Africans’ heroic role at Delville Wood, during the Battle of the Somme, became a putative symbol of this racialised ‘South Africanism’. The South African Brigade included a battalion of so-called ‘South African Scottish’ which reflected the phenomenon of military Scottishness. Overall, the chapter looks at the way in which the representations of the role of the South African troops involved an interplay between British empire loyalism, white South African political identities, and Scottishness.

scholarly journals The militarisation of the Platfontein San (!Xun and Khwe): The initial years 1966–1974

2014 ◽  
Vol 10 (4) ◽  
Author(s):  
A S Van Wyk
Keyword(s):  
South Africa ◽  
South African ◽  
The South ◽  
Security Forces ◽  
Political Events ◽  
Northern Cape ◽  
Liberation Movements ◽  
Made In

The resettlement of 372 San (Bushmen) soldiers with dependents from 31/201 and 203 Battalions in Namibia to Schmidtsdrift in the Northern Cape during March 1990 was the last chapter in the process of militarisation of the !Xun and Khwe communities. However, there is a popular perception that the South African Defence Force (SADF) was primarily responsible for the militarisation of this particular San community, with the founding of 31 Battalion during 1974. This ignores the fact that the !Xun and Khwe originated in Angola, where they were actively involved with the Portuguese security forces. With one exception, only superficial mention is made in the literature about the role of the San soldiers in Angola before independence in November 1975. This article shows that the militarisation of the San actually started in 1966, when members of the !Xun were recruited by the Portuguese Security Police (PIDE) and successfully used against the Angolan liberation movements MPLA, FNLA and UNITA. The lifestyle of the San before the PIDE era is discussed, as is the period in which they were raised to a superior status as flecha fighters. This period of military prowess ended with the independence of Angola and resulted in the !Xun and Khwe seeking refuge with the SADF. These geo-political events led to the founding of 31 Battalion, situated in the Western Caprivi, where former flecha soldiers were retrained and incorporated into SADF structures. In closing, brief mention is made of the resettlement of the !Xun and Khwe to Schmidtsdrift in South Africa.

scholarly journals Unpacking the Law and Practice Relating to Parole in South Africa

2017 ◽  
Vol 14 (5) ◽  
pp. 204
Author(s):  
Jamil D Mujuz
Keyword(s):  
South Africa ◽  
South African ◽  
The South ◽  
Early Release ◽  
Correctional Services ◽  
The Law ◽  
Parole System

The possibility of the early release of offenders on parole is meant to act inter alia as an incentive to ensure that prisoners behave meritoriously while serving their sentences. The South African Correctional Services Act No.111 of 1998 deals with the release of offenders on parole. This article discusses the jurisprudence emanating from South African courts dealing with various aspects of parole. In particular, the article deals with the following issues: parole as a privilege; the role of the executive and the legislature in the parole system; the period to be served before an offender is paroled; the stipulated non-parole period; and the courts’ intervention in releasing prisoners on parole.

scholarly journals PROPOSALS REGARDING A WEAPON REVIEW PROCESS IN SOUTH AFRICA (PART 1)

Obiter ◽  
2021 ◽  
Vol 31 (1) ◽  
Author(s):  
Ashley Charles Moorhouse ◽  
David Abrahams
Keyword(s):  
South Africa ◽  
International Law ◽  
South African ◽  
Subject Matter ◽  
Review Process ◽  
The State ◽  
The South ◽  
Customary International Law ◽  
National Implementation ◽  
The Subject

The purpose of this article is to put forward submissions regarding the implementation of a weapons review process in compliance of South Africa’s obligations under Additional Protocol I (hereinafter “API”) Article 36. Article 36 requires each state party to determine whether the employment of any new weapon, means or method of warfare that it studies, develops, acquires or adopts would, insome or all circumstances, be prohibited by international law. Article 36 does not specify how such a legal review should be implemented or conducted. Thus this article puts forward proposals regarding both the substantive and procedural aspectsof a review of the legality of weapons, means and methods of warfare that the authors submit best befits the South African context.A background regarding the legal limitations placed upon the use of certain weapons, means and methods of warfare and an explanation of South Africa’s obligations regarding national implementation of a weapons review process, is given in paragraph 1 so as to create an understanding as to why it is necessary for the Republic of South Africa to implement a process to review the legality of weapons, means and methods of warfare. Before the implementation of a weapons review process can be discussed, the subject matter of such a review must first be ascertained. Thus paragraph 2 contains a discussion regarding the definition of the term “weapons, means and methods of warfare” and a determination of which weapons shall form the subject matter of legal reviews. No specific manner of implementation is contained within API and thus it is at the discretion of the state in question, in this case South Africa, to adopt the necessary measures to implement this obligation. In this regard, paragraph 3 contains submissions regarding the status of the review body within the state hierarchy and its method of establishment. This paragraph also contains an explanation of the process by which South Africa acquires its weapons. The legal scope of the review process is dealt with in paragraph 4. Within thisparagraph, the place of both treaty-based law and customary international law (“CIL”) in the South African legal system is discussed. Furthermore, the treaty-law and customary international law rules binding upon South Africa regarding limitations of specific weapons and general weapons limitations are enumerated and the paragraph ends with a discussion of the Martens Clause. 

scholarly journals Whatever happened to God’s holiness? The holiness of God and the theological authenticity of the South African neo-Pentecostal prophetic activities

2021 ◽  
Vol 42 (1) ◽  
Author(s):  
Collium Banda
Keyword(s):  
South Africa ◽  
South African ◽  
Research Question ◽  
Theoretical Framework ◽  
The South ◽  
Human Needs ◽  
Theological Perspective ◽  
Doctrine Of The Church ◽  
The Church

The controversial activities of the neo-Pentecostal prophets (NPPs) in South Africa raise many theological questions. From a systematic theological perspective that affirms the importance of Christian doctrines in regulating church worship and practice, this article uses God’s holiness to evaluate the theological authenticity of the NPPs’ controversial activities. The research question answered in the article is: how can an understanding of the holiness of God empower Christian believers to respond meaningfully to the controversial practices? The article begins by describing the theoretical framework of God’s holiness. This is followed by describing the NPPs’ shift from prophecy focusing on holiness to one focused on human needs. Furthermore, this shift among the NPPs from holiness to human needs is attributed to celebrity cultism through which the prophets thrust themselves as powerful figures who are able to solve people’s problems. Afterward an analysis is made of how the holiness of God is violated by the NPPs’ controversial practices. Finally, some steps are suggested for NPPs and their followers to take to align their activities with God’s holiness. The contribution of the article lies in highlighting the importance of God’s holiness as a standard of measuring the Christian authenticity of the controversial activities of the NPPs in South Africa.Intradisciplinary and/or interdisciplinary implications: The article uses insights from the doctrine of God’s holiness, the role of biblical prophecy and the doctrine of the church, to critique the controversial activities of the NPPs in South Africa.

scholarly journals Where is the church on Monday? Awakening the church to the theology and practice of ministry and mission in the marketplace

2015 ◽  
Vol 49 (3) ◽  
Author(s):  
Dion A. Forster ◽  
Johann W. Oosterbrink
Keyword(s):  
South Africa ◽  
South African ◽  
Missio Dei ◽  
The South ◽  
Theology Of Work ◽  
The World ◽  
Missional Theology ◽  
The Church

Recent research by the Call42 group has shown that South African Christians experience that they are not adequately prepared or equipped for Christian living and discipleship in the world of work – here called the marketplace. This article has argued for the importance of a rediscovery of a theology of work that can empower and equip the church and individual Christians for ministry in the marketplace. The article traces why such a theological deficiency exists in the South African church by considering areas such as an inadequate theology of work and mission, a dualism between faith and work, and an unbalanced emphasis on the role of clergy and a lesser focus on the role of the laity in themissio Dei. Having considered these challenges to the mission and theological identity of the church, the article discusses the three general theological views of the church in South Africa as presented by Smit and adapted by Forster. It considers how the church could become an agent of mission and transformation in the marketplace in each of these three forms. The article comes to the conclusion that the church will need to revisit its missional theology, refocuses its efforts on broader society, and empowers and equips its members for ministry in the marketplace in order to be faithful in partnering with God in the missio Dei.Waar is die kerk op Maandag? Ontwaking van die kerk tot die teologie en praktyk vanbediening en sending in die markplein. Onlangse navorsing deur die Call42 groep het bevind dat Suid-Afrikaanse Christene ervaar dat hulle nie voldoende voorbereid en toegerus is vir die Christelike lewe en dissipelskap in die arbeidsmark - hier genoem die markplein – nie. Hierdie artikel poog om aan te toon dat ’n herontdekking van ’n teologie van werk belangrik is ten einde die kerk in die algemeen asook individuele Christene te bemagtig en toe te rus vir die bediening in die markplein. Hierdie artikel poog dus om die kwessie van die sodanige teologiese leemte in die Suid-Afrikaanse kerk na te vors. Terreine soos onvoldoende teologie van werk en sending word ondersoek, ’n dualisme tussen geloof en werk word uitgewys, en daar word aangetoon dat ’n oorspeling van die predikant se rol en ’n onderspeling van gewone kerklidmate se rol die kerk se betrokkenheid by die missio Dei benadeel. Met inagneming van hierdie uitdagings aan sending en die kerk se teologiese identiteit, bespreek die artikel drie algemene teologiese standpunte van die kerk in Suid Afrika, soos deur Smit aangebied en deur Forster aangepas. Die artikel besin hoe die kerk in elk van hierdie drie bestaansvorme ’n agent van sending en transformasie in die markplein kan wees. Die gevolgtrekking word gemaak dat die kerk die missionale of sendingteologie moet heroorweeg, opnuut moet fokus op die uitreik na die breër gemeenskap en lidmate vir bediening in die markplein moet bemagtig en toerus. Sodoende sal die kerk getrou wees aan die medewerking met God in die missio Dei.

The Interaction between Section 233 of the South African Constitution and the Commentaries to the OECD Model Tax Convention on Income and on Capital

2020 ◽  
Vol 53 (1) ◽  
Author(s):  
Enelia Jansen van Rensburg
Keyword(s):  
South Africa ◽  
International Law ◽  
South African ◽  
The South ◽  
Double Taxation ◽  
The Republic ◽  
South African Constitution

The Commentaries to the OECD’s Model Tax Convention on Income and on Capital are at times consulted by South African courts when double taxation agreements are interpreted. The question considered in this article is the nature of the interaction, if any, between these Commentaries and section 233 of the Constitution of the Republic of South Africa, 1996. Section 233 requires a court to prefer a reasonable interpretation of legislation that is consistent with international law over other interpretations that are not consistent with international law. The contribution analyses various aspects of the wording of section 233, including the meaning of the phrase ‘international law’. It points out the various roles that transnational sources may play with regard to section 233, for example these sources may either constitute the ‘international law’ to which section 233 refers, or they may be aids to the interpretation of those sources that constitute ‘international law’. The contribution considers which of these roles the Commentaries are most likely to play for purposes of section 233.

Political Violence in South Africa: The Role of Youth

1994 ◽  
Vol 22 (2) ◽  
pp. 27-29
Author(s):  
Saths Cooper
Keyword(s):  
South Africa ◽  
Human Rights ◽  
South African ◽  
Political Violence ◽  
Historical Background ◽  
The South ◽  
The Core

A meaningful understanding of the causes of political violence in South Africa and youth’s role in its dénouement must consider some of the historical background to the national struggle for human rights and youth’s specific involvement thereof. The phenomenon of adolescent marchers and activists who characterized the resistance to Apartheid over the last decade has had sequelae and antecedents that reflect the core of the South African dilemma.

Liberty of Entering in International Agreements and Compliance of International Obligations

2021 ◽  
Vol 18 (1) ◽  
pp. 105-127
Author(s):  
Elisa Tino
Keyword(s):  
South Africa ◽  
International Law ◽  
South African ◽  
International Agreements ◽  
Constitutional Court ◽  
The South ◽  
Member States ◽  
High Court ◽  
International Obligations

Abstract In August 2019 South Africa withdrew its signature from the Protocol on sadc Tribunal signed in 2014 by 9 sadc Member States. This decision was adopted in compliance with the judgment of the South African High Court as confirmed by the Constitutional Court which ruled that the participation of the President in the decision to suspend the sadc Tribunal, as well as his signature of the 2014 Protocol were unconstitutional, unlawful and irrational. These rulings are particularly ground-breaking in light of the conclusions they reached and raised some interesting implications under international law.

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