National Report for South Africa

2013 ◽  
Author(s):  
Kathleen van der Linde
Keyword(s):  
South Africa ◽  
South African ◽  
General Position ◽  
General Rule ◽  
The Other ◽  
Insolvency Law ◽  
National Report

The prominent divide between bankruptcy and reorganization procedures in South African insolvency law is also evident in the treatment of executory contracts. The general position in both types of proceedings is that executory contracts are not automatically terminated. The commencement of proceedings affects or may affect the other contract party’s ability to exact performance under the contract, who may then claim damages for non-performance. This broadly similar result is, however, based on different legal constructions for bankruptcy and reorganization, and may lead to different practical outcomes. Each type of proceeding also has its own set of exceptions to the general rule.

15 National Report for South Africa

2016 ◽  
Author(s):  
van der Linde Kathleen ◽  
Calitz Juanitta
Keyword(s):  
South Africa ◽  
South African ◽  
Voting Rights ◽  
The Other ◽  
National Report ◽  
Participation Rights ◽  
The Law ◽  
Insolvency Proceedings

This chapter discusses the law on creditor claims in South Africa, where bankruptcy proceedings in are governed by the Insolvency Act and the 1973 Companies Act, while reorganization in business rescue proceedings is regulated under the 2008 Companies Act. Liquidation and business rescue each has its own approach to the submission, verification, and admission of claims; the scope of creditor participation; the calculation of voting rights; the realization of secured assets; and the range of preferential creditors. So it is unsurprising that creditors may prefer one procedure over the other irrespective of the debtor’s financial prospects. South African law does not provide for super-priority claims. In both bankruptcy and reorganization proceedings, administration expenses always rank first. The chapter examines insolvency claims, administration claims, and non-enforceable claims in turn. Each section covers: the definition and scope of the claim; rules for submission, verification, and satisfaction or admission of claims; ranking of claims; and voting and other participation rights in insolvency proceedings.

The Final ‘Thank You’

Derrida Today ◽  
2010 ◽  
Vol 3 (1) ◽  
pp. 21-36
Author(s):  
Grant Farred
Keyword(s):  
South Africa ◽  
South African ◽  
Jacques Derrida ◽  
Political Transition ◽  
The Other ◽  
World Cup ◽  
The Core ◽  
Nelson Mandela ◽  
Black President ◽  
The Moment

‘The Final “Thank You”’ uses the work of Jacques Derrida and Friedrich Nietzsche to think the occasion of the 1995 rugby World Cup, hosted by the newly democratic South Africa. This paper deploys Nietzsche's Zarathustra to critique how a figure such as Nelson Mandela is understood as a ‘Superman’ or an ‘Overhuman’ in the moment of political transition. The philosophical focus of the paper, however, turns on the ‘thank yous’ exchanged by the white South African rugby captain, François Pienaar, and the black president at the event of the Springbok victory. It is the value, and the proximity and negation, of the ‘thank yous’ – the relation of one to the other – that constitutes the core of the article. 1

Stability and Governability the Benign Effects of Party Dominance in South Africa

2020 ◽  
Vol 13 (1) ◽  
pp. 56-75
Author(s):  
Ainara Mancebo
Keyword(s):  
South Africa ◽  
South African ◽  
Trade Unions ◽  
African National Congress ◽  
The Other ◽  
Democratic Transitions ◽  
African Countries ◽  
National Congress ◽  
Independence Era ◽  
Party Dominance

A tripartite alliance formed by the African National Congress, the South African Communist Party and the Congress of South African Trade Unions has been ruling the country with wide parliamentarian majorities. The country remains more consensual and politically inclusive than any of the other African countries in the post-independence era. This article examines three performance’s aspects of the party dominance systems: legitimacy, stability and violence. As we are living in a period in which an unprecedented number of countries have completed democratic transitions, it is politically and conceptually important that we understand the specific tasks of crafting democratic consolidation.

Two new species ofSyllis(Polychaeta: Syllidae) from South Africa, one of them viviparous, with remarks on larval development and vivipary

2014 ◽  
Vol 94 (4) ◽  
pp. 729-746 ◽  
Author(s):  
Carol Simon ◽  
Guillermo San Martín ◽  
Georgina Robinson
Keyword(s):  
South Africa ◽  
New Species ◽  
South African ◽  
The Other ◽  
Coralline Algae ◽  
Colour Pattern ◽  
The Family ◽  
Two New Species ◽  
Haliotis Midae ◽  
Characteristic Colour

Two new species of South African Syllidae of the genusSyllisLamarck, 1818 are described.Syllis unzimasp. nov. is characterized by having unidentate compound chaetae with long spines on margin, a characteristic colour pattern and its reproduction by vivipary. Vivipary is not common among the polychaetes, but most representatives occur in the family Syllidae Grube, 1850 (in five otherSyllisspecies, two species ofDentatisyllisPerkins, 1981 and two species ofParexogoneMesnil & Caullery, 1818).Syllis unzimasp. nov. differs from the other viviparous species in having large broods (>44 juveniles) which develop synchronously. Development of the juveniles is similar to that of free-spawningSyllisspecies, but the appearance of the first pair of eyespots and the differentiation of the pharynx and proventricle occur later inS. unzima.Syllis amicarmillarissp. nov., is characterized by having an elongated body with relatively short, fusiform dorsal cirri and the presence of one or two pseudosimple chaeta on midbody parapodia by loss of blade and enlargement of shaft.Syllis unzimasp. nov. was found in high densities on culturedHolothuria scabraJaeger, 1833 with single specimens found on a culturedCrassostrea gigasThunberg, 1793 and on coralline algae, respectively, whileS. amicarmillariswas found mainly in sediment outside an abalone farm and less frequently on culturedHaliotis midaeLinnaeus, 1758. We discuss the possible benefits of the association withH. scabratoS. unzimasp. nov.

scholarly journals Alternatives to Bankruptcy in South Africa that Provides for a Discharge of Debts: Lessons from Kenya

2019 ◽  
Vol 22 ◽  
pp. 1-34
Author(s):  
Zingaphi Mabe
Keyword(s):  
South Africa ◽  
South African ◽  
The South ◽  
Insolvency Law ◽  
Debt Restructuring ◽  
Wide Range ◽  
Insolvency Proceedings ◽  
National Credit Act

The problems faced by debtors in South Africa is not that there are no alternatives to insolvency proceedings, but that the available alternatives do not provide for a discharge of debt as with a sequestration order, which is ultimately what the debtor seeks to achieve. Debtors in South Africa can make use of debt review in terms of the National Credit Act 34 of 2005 or administration orders in terms of the Magistrates' Court Act 32 of 1944 to circumvent the sequestration process. However, both debt review and administration orders do not provide for a discharge of debt and provide for debt-restructuring only, in order to eventually satisfy the creditor's claims. Attention is given to the sequestration process and the alternatives to sequestration as they relate specifically to the discharge or lack of a discharge of a debtor's debts. The South African law is compared to Kenyan Law. This article seeks to analyse the alternatives to the bankruptcy provisions of the newly enacted Kenyan Insolvency Act 18 of 2015 in order to influence the possible reform of insolvency law in South Africa. Like the South African Insolvency Act, the old Kenyan Bankruptcy Act (Cap 53 of the Laws of Kenya) also did not have alternatives to bankruptcy. The old Kenyan Bankruptcy Act, however, contained a provision on schemes of arrangement and compositions. The Kenyan Insolvency Act now caters for alternatives to bankruptcy and provides a wide range of alternatives to bankruptcy, some of which allow debtors in different financial positions to obtain a discharge.    

scholarly journals The impact of the credit legislation on consumers

2016 ◽  
Vol 6 (4) ◽  
pp. 503-509 ◽  
Author(s):  
Hlako Choma ◽  
Thifulufhelwi Cedric Tshidada ◽  
Tshegofatso Kgarabjang
Keyword(s):  
South Africa ◽  
South African ◽  
Consumer Protection ◽  
The Other ◽  
The South ◽  
Other Hand ◽  
Credit Agreement ◽  
Financial Obligation ◽  
The Impact ◽  
National Credit Act

The purpose of this paper is to examine two South Africa legislations dealing with over indebtedness of a consumer. It is clear that in terms of the South African law, section 129 (1) and 130 (3) of the National Credit Act provide that a creditor provider who wishes to enforce a debt under a credit agreement must first issue a section 129 (1) (a) notice to the consumer (the purpose of the notice is to notify the consumer of his/her arrears). On the other hand, the South African National Credit Act encourages the consumers to fulfil the financial obligations for which they are responsible. The second legislation to be examined which serve or appear to serve same purpose as the National Credit Act is the Insolvency Act. It therefore, postulated that the compulsory sequestration of a consumer in terms of the Insolvency Act would stand as an alternative remedy for a credit provider before she/he can have recourse mechanisms, such as debt review that are focused on satisfaction of the consumer’s financial obligation , in terms of the provisions of the National Credit Act. The paper determines to what extend these measures comply with the constitutional consumer protection demands. The legislature had been pertinently cognizant of the Insolvency Act when it lately enacted the National Credit Act. This is much apparent from the express amendment of section 84 of the Insolvency Act to the extent set out in schedule 2 of the National Credit Act

South African Economy: No Easy Life Ahead

2015 ◽  
pp. 104-116
Author(s):  
P. Mozias
Keyword(s):  
Economic Growth ◽  
South Africa ◽  
Interest Rates ◽  
South African ◽  
Trade Unions ◽  
Current Account Deficit ◽  
National Development ◽  
Capital Inflows ◽  
The Other ◽  
The One

South African rand depreciated in 2013–2014 under the influence of a number of factors. Internationally, its weakness was associated with the capital outflow from all emerging markets as a result of QE’s tapering in the US. Domestically, rand plummeted because of the deterioration of the macroeconomic stance of South Africa itself: economic growth stalled and current account deficit widened again. Consumer spending was restrained with the high household indebtedness, investment climate worsened with the wave of bloody strikes, and net export was still prone to J-curve effect despite the degree of the devaluation happened. But, in its turn, those problems are a mere reflection of the deep institutional misbalances inherent to the very model of the national economy. Saving rate is too low in South Africa. This leads not only to an insufficient investment, but also to trade deficits and overdependence on speculative capital inflows. Extremely high unemployment means that the country’s economic potential is substantially underutilized. Joblessness is generated, first and foremost, by the dualistic structure of the national entrepreneurship. Basic wages are being formed by way of a bargaining between big public and semi state companies, on the one hand, and trade unions associated with the ruling party, on the other. Such a system is biased towards protection of vested interests of those who earn money in capital-intensive industries. At the same time, these rates of wages are prohibitively high for a small business; so far private companies tend to avoid job creation. A new impulse to economic development is likely to emerge only through the government’s efforts to mitigate disproportions and to pursue an active industrial policy. National Development Plan adopted in 2012 is a practical step in that direction. But the growth of public investment is constrained by a necessity of fiscal austerity; as a result, the budget deficit remained too large in recent years. South African Reserve Bank will have to choose between a stimulation of economic growth with low interest rates, on the one hand, and a support of rand by tightening of monetary policy, on the other. This dilemma will greatly influence prices of securities and yields at South African financial markets.

How Apartheid Education Encouraged and Reinforced Tribalism and Xenophobia in South Africa

2021 ◽  
pp. 131-151
Author(s):  
Mashudu Peter Makhado ◽  
Tshifhiwa Rachel Tshisikhawe
Keyword(s):  
South Africa ◽  
South African ◽  
The Other ◽  
The South ◽  
African People

Apartheid like colonialism was anchored on the divisions of African people according to ethnic and tribal orientations among others. The idea of the South African apartheid government was to build tribal exceptionalism and superiority which would make one tribe feel more superior than the other. A Zulu would feel better human than a Sotho, while a Venda would feel the same over a Tsonga, for example. This is a qualitative desktop study investigating how apartheid education was used to fuel tribalism and xenophobia in South Africa.

National Report for Israel

2013 ◽  
Author(s):  
David Hahn
Keyword(s):  
The Other ◽  
Insolvency Law ◽  
Corporate Reorganization ◽  
National Report ◽  
The Subject ◽  
Insolvency Proceedings

Israel’s insolvency law is trifurcated and is comprised of the Bankruptcy Ordinance, the Companies Ordinance, and the Companies Act. The first of these regulates insolvency proceedings pertaining to individuals, and the other two regulate proceedings pertaining to corporations. The Companies Ordinance deals with corporate liquidation and receivership, and the Companies Act handles corporate reorganization. While certain provisions appear in all three Acts, other provisions appear only in one or two of them. The subject of executory contracts is one of the main matters with respect to which the three Acts differ. The Bankruptcy Ordinance (Pkudat Pshitat Ha-Regel) and the Companies Ordinance (Pkudat Ha-Havarot) address the issue of executory contracts within the context of onerous property. As a result, this legislation covers only the ability of the trustee to release the estate from burdensome, unprofitable contracts.

scholarly journals Enlightened state versus millenarian vision: A comparison between two historical novels

Literator ◽  
1997 ◽  
Vol 18 (1) ◽  
pp. 83-92 ◽  
Author(s):  
Z. Roelofse-Campbell
Keyword(s):  
South Africa ◽  
South African ◽  
Latin American ◽  
The Other ◽  
Narrative Fiction ◽  
Historical Novels ◽  
The World ◽  
American Tradition ◽  
Ruling Elites ◽  
Historical Truth

Two millenarian events, one in Brazil (Canudos Rebellion, 1897) and the other in South Africa (Bulhoek Massacre, 1921) have inspired two works of narrative fiction: Mario Vargas Llosa's The War of the End of the World (1981) and Mike Nicol’s This Day and Age (1992). In both novels the events are presented from the perspectives of both the oppressed landless peasants and the oppressors, who were the ruling élites. In both instances, governments which purported to be models of enlightenment and modernity resorted to violence and repression in order to uphold their authority. Vargas Llosa's novel was written in the Latin American tradition where truth and fiction mingle indistinguishably while in the South African novel fictional elements override historical truth.

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