Conclusion

2018 ◽  
pp. 261-272
Author(s):  
Vineet Thakur
Keyword(s):  
South African ◽  
Similarities And Differences

This chapter summarizes the findings of the book. It compares the Indian and South African cases and finds ideational and institutional similarities and differences in the two experiences.

scholarly journals A Comparative Exposition of the Law of Husband and Wife in terms of Islamic Law, South African Law and the Law of England and Wales

Obiter ◽  
2021 ◽  
Vol 41 (4) ◽  
pp. 704-750
Author(s):  
Razaana Denson
Keyword(s):  
Comparative Analysis ◽  
South African ◽  
Islamic Law ◽  
Primary Concern ◽  
Bill Of Rights ◽  
Legal Systems ◽  
Similarities And Differences ◽  
English Law ◽  
The Law ◽  
Personal Law

The primary concern of this article is a comparative analysis of marriage law in three legal systems – namely, Islamic law, South African law and English law. The similarities and differences between these legal systems are highlighted. The comparative analysis demonstrates that although there are similarities in the three legal systems, the differences outweigh the similarities. This begs the question whether Islamic law (Muslim personal law in general and family law in particular) can be recognised and accommodated and implemented in the South African and English legal systems (both constitutional democracies) without compromising the principles of Islamic law, while at the same time upholding the rights contained in the Bill of Rights. To this end, a comparative analysis is undertaken of the law of marriage that entails a discussion, inter alia, of betrothal (engagement), the legal requirements for a marriage, as well as the personal and proprietary consequences of a marriage as applicable in Islamic law, South African law and English law.

scholarly journals The Influence of "Reasonableness" on the Element of Conduct in Delictual or Tort Liability - Comparative Conclusions

2019 ◽  
Vol 22 ◽  
pp. 1-34 ◽  
Author(s):  
Raheel Ahmed
Keyword(s):  
South African ◽  
Tort Law ◽  
The Other ◽  
Tort Liability ◽  
French Law ◽  
Human Conduct ◽  
American Law ◽  
Similarities And Differences ◽  
Mentally Impaired ◽  
Law Of Delict

In this contribution the influence of reasonableness on the element of conduct in the South African law of delict will be analysed and compared with the requirement of some form of conduct in English tort law, American tort law and the French law of delict. Fundamental similarities and differences among the different legal systems must be considered. France and South Africa follow a generalising approach to determining a delict while English and American law have a system of separate torts. Even though English and American law do not explicitly refer to the requirement of conduct in tort law, it is generally implicitly required. This is the case whether one is dealing with the tort of negligence or the intentional torts. In French law too, a fait générateur (a generating, triggering, wrongful act or event) generally must also be present in order to ground delictual liability. The concept of fait générateur is broader than the concept of conduct found in the other jurisdictions in that it extends beyond what is regarded as human conduct. The conduct in all the jurisdictions may be in the form of a commission (a positive, physical act or statement) or an omission (a failure to act). The requirement that conduct must be voluntary is generally found in South African, English and American law (with an exception applying to mentally impaired persons) but not in France. Naturally, it is unreasonable to hold a person liable without conduct which results in the causing of harm or loss. In all the above-mentioned jurisdictions, it would generally be unreasonable to hold the wrongdoer liable in delict or tort law if the omission or commission does not qualify as some form of conduct. Thus the influence of reasonableness on the element of conduct in all the above-mentioned jurisdictions is implicit.

scholarly journals Incentives for the manufacturing sector: what South Africa can learn from Malaysia and Singapore

2015 ◽  
Vol 8 (1) ◽  
pp. 105-124
Author(s):  
Lenatha Wentzel ◽  
Kerry De Hart
Keyword(s):  
Economic Growth ◽  
South Africa ◽  
South African ◽  
Foreign Investment ◽  
Manufacturing Sector ◽  
South African Government ◽  
Manufacturing Companies ◽  
The South ◽  
African Government ◽  
Similarities And Differences

The expansion of the manufacturing sector is one of the South African government’s focus areas for economic growth and employment creation. The research on which this article is based identified additional incentives, applicable to the manufacturing sector, which the South African government could introduce to encourage investors to choose the South African manufacturing sector as a desired investment destination. The incentives provided to manufacturing companies by the governments of Malaysia and Singapore and those provided by the South African government are compared in order to examine the similarities and differences between these incentives. In the light of these findings, recommendations are made for additional incentives in South Africa to promote investment in South African manufacturing companies and reduce some of the barriers that prevent local and foreign investment in the country.

scholarly journals A generational perspective on work values in a South African sample

2017 ◽  
Vol 43 (0) ◽  
Author(s):  
Petronella Jonck ◽  
Freda Van der Walt ◽  
Ntomzodwa C. Sobayeni
Keyword(s):  
South African ◽  
Generation X ◽  
Work Values ◽  
Management Strategies ◽  
Cross Sectional Study ◽  
Generational Cohorts ◽  
Cross Sectional ◽  
Managerial Implications ◽  
Similarities And Differences ◽  
African Sample

Orientation: In order to ensure harmonious relationships in the workplace, work values of different generational cohorts need to be investigated and understood.Research purpose: The purpose of this study was to investigate the work values of a South African sample from a generational perspective, in order to foster an understanding of the similarities and differences of different generational cohorts in terms of work values.Motivation of the study: Understanding the work values of different generational cohorts could assist organisations to manage and retain human capital in an increasingly competitive environment. Furthermore, it could assist organisations to develop an advanced understanding of employee behaviour, which should inform conflict-resolution strategies to deal with reported conflict between different generational cohorts.Research design, approach and method: The study was conducted within the positivist paradigm and was quantitative in nature. Data were gathered from 301 employees representing three different generational cohorts, namely the Baby Boomers, Generation X and Generation Y. A cross-sectional study was conducted, and data were collected once off by means of the Values Scale. The psychometric properties of the Values Scale have a reliability coefficient of 0.95, and the scale has been applied successfully in various iterations.Main findings: The findings indicate statistically significant differences and similarities between the various generational cohorts in terms of work values. More specifically, similarities and differences between the various generational cohorts were observed with regard to the values of authority, creativity, risk and social interaction in the work context.Practical/managerial implications: Organisations can use the findings of the study to strengthen employee interaction within the work environment. In addition, the findings can be used to inform retention and management strategies, in order to ensure harmonious relationships in the workplace.Contribution/value-add: The study contributes to the literature on South African generational cohorts and work values.

scholarly journals The masters degree in Departments of Nursing Science at South African Universities: types, growth and policy differences and similarities

Curationis ◽  
1989 ◽  
Vol 12 (3/4) ◽  
Author(s):  
H.l.L Brink
Keyword(s):  
South African ◽  
Exploratory Study ◽  
Additional Research ◽  
Nursing Science ◽  
South African Universities ◽  
Similarities And Differences ◽  
Masters Students ◽  
Masters Degree

In this exploratory study nine masters programmes in nursing were surveyed to establish the types o f programmes available, the growth o f masters students over the years and the policies governing each programme. Data were collected by means o f a questionnaire developed by the investigator. From the findings it could be established that considerable variation existed in the type o f form o f degree offered, that growth was steady but slow and that both similarities and differences existed in the policies o f the departments. Several areas were identified for additional research.

scholarly journals Human Immunodeficiency Virus Infection and Hodgkin's Lymphoma in South Africa: An Emerging Problem

2011 ◽  
Vol 2011 ◽  
pp. 1-6 ◽  
Author(s):  
Moosa Patel ◽  
Vinitha Philip ◽  
Fatima Fazel
Keyword(s):  
Human Immunodeficiency Virus ◽  
Overall Survival ◽  
South African ◽  
Hodgkin’S Lymphoma ◽  
Sub Saharan Africa ◽  
Hodgkin's Lymphoma ◽  
Immunodeficiency Virus ◽  
Significant Burden ◽  
Similarities And Differences ◽  
Sub Saharan

Hodgkin's lymphoma (HL) occurs with increasing frequency in human-immunodeficiency-virus-(HIV-) infected individuals. The natural history and behaviour of HIV-HL is different, being more atypical and aggressive. The association between HIV and HL appears to be primarily EBV driven. HAART use does not significantly impact on the incidence of HL. Indeed, the risk of HL has increased in the post-HAART era. However, the advent of HAART has brought renewed hope, allowing standard therapeutic options to be used more optimally, with better treatment outcomes. Despite the renewed optimism, the overall survival of HIV-HL patients remains less favourable than that in HIV-seronegative patients. This is particularly true in sub-Saharan Africa, where there is a significant burden of HIV/AIDS and where more than half the patients are HAART naive at diagnosis of HL. The similarities and differences of a South African cohort of HIV-HL are presented in this paper.

scholarly journals UBUNTU IN A POST-APARTHEID SOUTH AFRICAN CONTEXT

2011 ◽  
Author(s):  
Cornelia van Graan
Keyword(s):  
South Africa ◽  
South African ◽  
Indigenous People ◽  
Western Civilization ◽  
South African Context ◽  
African Context ◽  
Similarities And Differences ◽  
The Law

In this article, I attempt to determine the position and value of ubuntu in the law of post-apartheid South Africa as well as to determine how ubuntu compares to humanitarianism. To achieve this goal, I examine both ubuntu and humanitarianism but I go further than merely an examination of the two concepts in isolation; a determination of the similarities and differences also takes place. The terms to be used in this study will be ‘traditional ubuntu’, which refers to ubuntu as known and understood by the indigenous people of South Africa, and humanitarianism, as known in the Western civilization.

scholarly journals Financial Regulatory Governance in South Africa: The Move Towards Twin Peaks

2017 ◽  
Vol 25 (3) ◽  
pp. 393-417 ◽  
Author(s):  
Andrew Schmulow
Keyword(s):  
South Africa ◽  
South African ◽  
Financial System ◽  
System Stability ◽  
Regulatory Enforcement ◽  
Market Conduct ◽  
Regulatory Governance ◽  
Twin Peaks ◽  
Similarities And Differences ◽  
Financial Regulatory

This article examines the implementation of the Twin Peaks model of financial system regulation in South Africa, the purpose of which is to create a financial system stability regulator, and a financial system consumer protection and market conduct regulator. It examines the historical development of Twin Peaks and its regulatory enforcement principles. It then analyses the similarities and differences between Twin Peaks in Australia (upon which the South African reforms are based) and South Africa. Finally the article provides concluding observations.

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