South Africa—Analysing a Commission Model

2018 ◽  
pp. 219-230
Author(s):  
Chris McConnachie
Keyword(s):  
South Africa ◽  
South African ◽  
Selection Process ◽  
The South ◽  
Judicial Appointments ◽  
Several Variables ◽  
Political Interference ◽  
The Face ◽  
Service Commission ◽  
And Performance

This essay is an analysis of the working and performance of the South African Judicial Service Commission (JSC). This essay describes how the JSC has been successful in enhancing transparency in the selection process and improving diversity in the judiciary. The essay remains categorical about the South African judiciary being independent and credible, even in the face of apprehensions by the JSC’s detractors of undue political interference in appointments. This essay makes an important point that the independence of the judiciary remains contingent on several variables, and the identity of those making the appointments is just one such factor. Thus, this essay critically analyses the JSC as an example of the commission model. Upon a concise assessment of the JSC’s functioning, this essay highlights some general trends which offer insights for the judicial appointments process in India.

Acting Africa

1996 ◽  
Vol 21 (2) ◽  
pp. 132-140 ◽  
Author(s):  
Loren Kruger
Keyword(s):  
South Africa ◽  
South African ◽  
The South ◽  
Colonial Authority ◽  
The Face ◽  
History Of ◽  
First Offers ◽  
The Invisible

I begin with two images of African actors. The first, from Asinamali by the South African playwright Mbongeni Ngema (1985; Plate 23), shows a group pose drawn directly from protest theatre—angry men in prison khaki, with fists clenched, bodies tensed in readiness and, one can assume, voices raised against the invisible but all too palpable forces of apartheid. The second, from the centenary celebrations of the American Board Mission in South Africa (1935; Plate 24), portrays the ‘smelling-out of a fraudulent umthakathi’ (which can be translated as diviner or trickster), which were followed, on this occasion, by other scenes portraying the civilizing influence of European settlers. While the first offers an image of African agency and modernity in the face of oppression, the second, with its apparently un-mediated reconstruction of pre-colonial ritual and, in its teleological juxtaposition of ‘tribal’ and ‘civilized’ custom, seems to respond to the quite different terms set by a long history of displays, along the lines of the Savage South Africa Show (1900), in which the authenticity of the Africans on stage was derived not from their agency but by their incorporation into the representation of colonial authority.

scholarly journals Effectiveness of the cricket transformation process in increasing representation and performance of black cricketers at provincial level in South Africa

2009 ◽  
Vol 21 (4) ◽  
Author(s):  
MS Taliep
Keyword(s):  
South Africa ◽  
South African ◽  
Transformation Process ◽  
The South ◽  
Black Africans ◽  
Black African ◽  
Provincial Level ◽  
Batting Performance ◽  
And Performance ◽  
Better Than

Objectives. This study investigates the effectiveness of the crickettransformation process in firstly increasing representation of black players and secondly improving performance of black players in the South African 4-day provincial competition between the 1996/1997 and 2007/2008 cricket seasons.Methods. Cricketers were categorised as white, black African or coloured/Indian. Whenever the category ‘black’ is mentioned alone, it refers to black African and coloured/Indian. All data were obtained from www.cricinfo.com.Results. The number of white players decreased and the numberof black African and coloured/Indian players increased between the 1996/1997 and 2007/2008 seasons. White batsmen had significantlyhigher batting averages than black Africans, but were only better than coloureds/Indians in the 2001/2002 season. Coloureds/Indians had better batting averages than black Africans in all seasons except 2001/2002 and 2004/2005. There was a significant improvement in the batting averages of coloureds/Indians but not of whites and black Africans over the 12 seasons. White bowlers had significantly better bowling averages thancoloured/Indian bowlers for seasons 2002/2003, 2004/2005 and 2006/2007. There were no significant differences in the bowlingaverages between white and black African players and between coloured/Indian and black African players over the 12 seasons.There was a tendency towards a decreased bowling performancefor coloureds/Indians, whereas there was no significant decrementin the bowling performance for whites and black Africans over the 12 seasons.Conclusion. The increase in the number of black cricketers performingaccording to standard suggests a reasonable successful transformation process. However, representation and batting performance of black African batsmen remain a concern.

South Africa

2014 ◽  
Author(s):  
Vipin Narang
Keyword(s):  
United States ◽  
South Africa ◽  
South African ◽  
Nuclear Power ◽  
Prime Minister ◽  
Power Optimization ◽  
Optimization Theory ◽  
The United States ◽  
The South ◽  
The Face

This chapter traces South Africa's nuclear posture—how it intended to operationalize and use its six nuclear devices—and explores the sources of that particular strategy. Since 1978, in a very explicit strategy statement outlined by Prime Minister P. W. Botha who held the reins of the South African program for its duration, South Africa clearly envisioned and operationalized a catalytic nuclear posture designed to draw in Western—particularly American—assistance in the event of an overwhelming Soviet or Cuban-backed conventional threat to South Africa through Angola, Namibia, or Mozambique. Given the risk of additional sanctions and isolation if South Africa became an open nuclear power, optimization theory predicts that South Africa would adopt a catalytic posture if it believed it could successfully compel the United States to intervene on its behalf in the face of a severe threat.

scholarly journals The admissibility of criminal findings in civil matters: Re-evaluating the Hollington judgment

De Jure ◽  
2021 ◽  
Vol 54 ◽  
Author(s):  
Thulisile Brenda Njoko
Keyword(s):  
South Africa ◽  
South African ◽  
Common Law ◽  
Criminal Court ◽  
The South ◽  
Civil Action ◽  
Probative Value ◽  
The Face ◽  
The Republic ◽  
Law Of Evidence

In Hollington v Hewthorn & Co Ltd 2 1943 All ER 35 it was held that a finding of a criminal court did not have any probative value in a subsequent civil action and was inadmissible as evidence. Despite the case being one of English origin, the South African courts have largely adopted this ruling as one grounded in our common law. In this paper, the judgment in the Hollington case is critically analysed in order to determine its continued applicability in the face of South Africa's existing law of evidence and the Constitution of the Republic of South Africa, 1996 ("the Constitution"). It is argued that in light of the existing law, this rule no longer finds application in South Africa.

Agrionympha, the long-known South African jaw moths: a revision with descriptions of new species (Lepidoptera, Micropterigidae)

Zootaxa ◽  
2011 ◽  
Vol 2764 (1) ◽  
pp. 1 ◽  
Author(s):  
GEORGE W. GIBBS ◽  
NIELS P. KRISTENSEN
Keyword(s):  
South Africa ◽  
South African ◽  
Morphological Description ◽  
Key To Species ◽  
The South ◽  
Single Male ◽  
Male Specimen ◽  
The Family ◽  
The Face ◽  
Males And Females

The South African micropterigid genus Agrionympha Meyrick, 1921 has long been known from a single male specimen and very few females with three named species. This revision, based on more recent discoveries, brings the total named species to nine, by the addition of A. fuscoapicella sp. nov., A. jansella sp. nov., A. karoo sp. nov., A. kroonella sp. nov., A. pseudovari sp. nov., A. sagittella sp. nov., and notes the presence of a tenth species, represented only by two males in alcohol. The South Afrrican micropterigid fauna is thus quite diverse although, apart from the presence of another as yet undescribed genus, turns out to be a phenetically tightly-knit assemblage of highly conservative species. This revision provides a morphological description of males and females and includes larval features and a key to species. The micropterigid fauna of South Africa together with recently discovered taxa from Madagascar comprise part of what is regarded as the ‘southern sabatincoid’ lineage within the family—a weakly supported clade also including representatives from Australia, Chile, Ecuador, and Costa Rica. The survival of these small archaic rainforest moths in the face of increasing aridity is discussed.

scholarly journals Rethinking ASGISA and the rand exchange rate

2012 ◽  
Vol 11 (1) ◽  
pp. 112-120
Author(s):  
Willem H Boshoff
Keyword(s):  
South Africa ◽  
Exchange Rate ◽  
Business Cycle ◽  
South African ◽  
Export Performance ◽  
The South ◽  
Policy Document ◽  
Sustainable Improvement ◽  
The Face ◽  
Growth Initiative

Abstract: The ASGISA policy document identifies the exchange rate as one of the factors constraining accelerated growth in South Africa. This note argues that currency developments do not translate into business cycle movements in the aggregate economy, and that a weaker exchange rate is less likely to boost either foreign investment or export performance in the face of regulatory uncertainty. The South African government has recently launched the Accelerated and Shared Growth Initiative (ASGISA) aimed at raising the long-term growth path of the economy. The plan identifies several so-called “binding constraints” that are considered to be inhibiting the economy from rising to more elevated levels of economic growth. One such “constraint”, according to the ASGISA policy document, is the “volatility and level of the currency” (Republic of South Africa, 2006). By including this issue, policymakers have signalled that fluctuations in the Rand are considered significant to broader economic fluctuations in South Africa. This research note questions such a conviction by offering evidence that currency fluctuations are not mirrored in the South African business cycle. Nonetheless, proponents may argue that a weaker Rand will stimulate particular sectors, mostly those that are export-oriented, while it will boost Foreign Direct Investment (FDI). However, this note argues further that a weaker Rand is less likely to generate sustainable improvement in either export-oriented industries or FDI in the absence of other reforms. The following sections consider these two issues in sequence.

Developing Criteria for the Identification of Suitable Agricultural Land for Expropriation and Redistribution in South Africa: Lessons Learnt from Namibia

2021 ◽  
Vol 2021 (2) ◽  
pp. 185-214
Author(s):  
Tina Kotzé
Keyword(s):  
South Africa ◽  
South African ◽  
Land Reform ◽  
Agricultural Land ◽  
Selection Process ◽  
The South ◽  
African Government ◽  
Policy Initiatives ◽  
African Context ◽  
Academic Debate

There has been a plethora of policy initiatives and academic debate focusing on how land should be acquired in South Africa for redistribution purposes and, if expropriation is to take place, at what value or for how much compensation. However, little attention has been paid to how land will be identified for acquisition in general, and expropriation specifically, for redistribution purposes. Therefore, the aim of this article is not to explore which approach is more suitable for specifically acquiring agricultural land, but rather how agricultural land should be identified prior to being acquired, specifically through expropriation, for redistribution purposes. To this end, the approach and criteria for identifying suitable agricultural land for expropriation as provided for in Namibia’s regulations to the Agricultural (Commercial) Land Reform Act 6 of 1995 may prove to be useful in formulating criteria for the South African context. The article concludes with the recommendation that for the sake of a transparent, procedurally fair and effective redistribution process in South Africa, objective, nonarbitrary criteria for identifying suitable agricultural land for redistribution purposes should be developed and provided for in regulations or policy. The development of criteria for identifying suitable agricultural land will provide the South African government with a useful tool in selecting agricultural land for acquisition and redistribution. The use of the criteria will not only contribute to a transparent, non-arbitrary and procedurally fair selection process, but will also assist landowners in determining the likelihood of their land being earmarked for redistribution.

scholarly journals Editorial

2017 ◽  
Vol 17 (3) ◽  
pp. 1
Author(s):  
Christa Rautenbach
Keyword(s):  
South Africa ◽  
South African ◽  
Public Procurement ◽  
Case Note ◽  
The South ◽  
Integration Rule ◽  
Market Abuse ◽  
Direct Participation ◽  
Service Commission

The third issue of PER contains ten articles and one case note on a variety of themes. Shaun de Freitas shares his views on improper irreligious proselytism in religious rights and freedoms jurisprudence within a public school context and introduces an equitable and accommodative understanding of proselytism, which places the potentially harmful effects of both religious and irreligious beliefs on an equal footing with each other. Yvette Joubert and Juanitta Calitz analyse the role of the so-called private examinations in South African insolvency law and deal with the question of whether or not section 417 of the Insolvency Act 24 of 1936 is adequately and effectively framed in order to fulfil its intended purpose in South African law. Howard Chitimira gives a historical overview of the regulation of market abuse in South Africa. He concludes his contribution with a discussion by isolating certain flaws in the previous market abuse laws that were re-incorporated into the current South African market abuse legislation and makes recommendations in that regard. Juanita Jamneck discusses the contemporary meaning of the word "spouse" and the recognition of the family as an important social institution in the light of the provisions of the Intestate Succession Act 81 of 1987. Shannon Bosch reviews the scope and nature of "direct participation in hostilities" in international humanitarian law in the light of the Interpretive Guide on the Notion of Direct Participation in Hostilities issued by the International Committee for the Red Cross. The primary objective of the article by Vinesh Basdeo is to determine if the asset forfeiture measures employed in the South African criminal justice system are in need of any reform and/or augmentation in accordance with the "spirit, purport and object" of the South African Constitution. Eddie Hurter and Tana Pistorius examine the new .Africa Top Level Domain - an Africa initiative to ensure that Africa gets its rightful place in the global network. Geo Quinot tracks the development of the role of functionality in public tender adjudication as prescribed by public procurement regulation since the enactment of the Preferential Procurement Policy Framework Act 5 of 2000, which spearheaded the development of contemporary public procurement regulation in South Africa. Thino Bekker discusses the scope and application of the integration rule in the South African law of contract and deals with the question if rectification can be utilised to avoid the strict application of the integration rule and consequently serve as an instrument for the (indirect) abolition or modification of the rule in the South-African law of contract. Yeukai Mupangavanhu discusses the case of Naidoo v Birchwood Hotel 2012 6 SA 170 (GSJ) in the light of the exemption clauses in the Consumer Protection Act 68 of 2008 (CPA). The case note, which is also the final contribution, by Martha Radebe evaluates the unconstitutional practices of the Judicial Service Commission under the guise of judicial transformation as they came to the fore in the case of the Cape Bar Council v Judicial Service Commission [2012] 2 ALL 143 (WCC). 

Foreigners' Rights to Work and Fair Labour Practices in South Africa: A Review of the South African Labour Legislation and Jurisprudence

2020 ◽  
Vol 35 (1) ◽  
Author(s):  
Andre Mangu
Keyword(s):  
South Africa ◽  
Human Rights ◽  
South African ◽  
Bill Of Rights ◽  
The South ◽  
Legislation And Jurisprudence ◽  
Foreign Nationals ◽  
Lay Persons ◽  
Democratic State ◽  
Labour Legislation

After several decades of apartheid rule, which denied human rights to the majority of the population on the ground of race and came to be regarded as a crime against humanity, South Africa adopted its first democratic Constitution in the early 1990s. The 1996 Constitution, which succeeded the 1993 interim Constitution, is considered one of the most progressive in the world. In its founding provisions, it states that South Africa is a democratic state founded on human dignity, the achievement of equality, the advancement of human rights and freedoms. The Constitution enshrines fundamental human rights in a justiciable Bill of Rights as a cornerstone of democracy. Unfortunately, in the eyes of a number of politicians, officials and lay-persons, the rights in the Bill of Rights accrue to South African citizens only. Xenophobia, which has been rampant since the end of apartheid, seems to support the idea that foreigners should not enjoy these rights. Foreign nationals have often been accused of posing a threat to South African citizens with regard to employment opportunities. In light of the South African legislation and jurisprudence, this article affirms the position of the South African labour law that foreign nationals are indeed protected by the Constitution and entitled to rights in the Bill of Rights, including the rights to work and fair labour practices.

The Engagement of Beneficiaries in Farm Governance of Restituted Land through the Communal Property Association Model: The Ideal Versus the Reality of Beneficiary Farms in South Africa

2019 ◽  
Vol 16 (2) ◽  
Author(s):  
Mokoko Piet Sebola ◽  
Malemela Angelinah Mamabolo
Keyword(s):  
South Africa ◽  
South African ◽  
Land Reform ◽  
Farm Management ◽  
The South ◽  
African Government ◽  
Communal Property ◽  
Farm Ownership ◽  
Land Restitution ◽  
Communal Property Associations

The purpose of this article is to evaluate the engagement of farm beneficiaries in South Africa in the governance of restituted farms through communal property associations. The South African government has already spent millions of rands on land restitution to correct the imbalance of the past with regard to farm ownership by the African communities. Various methods of farm management to benefit the African society have been proposed, however, with little recorded success. This article argues that the South African post-apartheid government was so overwhelmed by political victory in 1994 that they introduced ambitious land reform policies that were based on ideal thinking rather than on a pragmatic approach to the South African situation. We used qualitative research methods to argue that the engagement of farm beneficiaries in farm management and governance through communal property associations is failing dismally. We conclude that a revisit of the communal property associations model is required in order to strengthen the position of beneficiaries and promote access to land by African communities for future benefit.

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