Legal Recognition for Child-Headed Households: An Evaluation of the Emerging South African Framework

2009 ◽  
Vol 17 (2) ◽  
pp. 299-320 ◽  
Author(s):  
F. Noel Zaal ◽  
Meda Couzens
Keyword(s):  
South Africa ◽  
South African ◽  
Developing Country ◽  
Critical Analysis ◽  
Best Interests ◽  
Limited Resources ◽  
The South ◽  
Legal Recognition ◽  
Aids Pandemic ◽  
Best Interests Standard

AbstractThis article evaluates legislation developed in South Africa for the legal recognition and support of child-headed households. It provides an explanation and critical analysis of new statutory provisions. We show that in a developing country with AIDS pandemic challenges and limited resources such as South Africa reasons in favour of formal legal recognition outweigh those against. We demonstrate, however, that in order to meet the best interests standard it is essential to base recognition on household viability. Our analysis indicates that, although the South African provisions are groundbreaking and of considerable value as an example for other countries, there are some deficiencies which may compromise their effectiveness. Amendments and supplementary wording are proposed.

scholarly journals CRITICAL-CARE DECISIONS ON NEONATES AND YOUNG CHILDREN IN ENGLAND AND WALES – LESSONS FOR SOUTH AFRICA

Obiter ◽  
2021 ◽  
Vol 34 (3) ◽  
Author(s):  
Carina van der Westhuizen
Keyword(s):  
South Africa ◽  
Critical Care ◽  
South African ◽  
Neonatal Intensive Care ◽  
Case Law ◽  
Best Interests ◽  
England And Wales ◽  
Child Patient ◽  
Best Interests Standard ◽  
And Child Health

In this article it will be pointed out that in South Africa there are currently insufficient measures in place to protect the child patient, especially the neonate. A perusal of the case law of England and Wales reveals that in a number of cases on critical-care decisions the courts have used their opportunities to lay down criteria on issues such as the withholding or withdrawal of treatment in neonatal intensive care. These cases and the principles laid down in them may serve as precedents for South African case law. The English and Welsh courts have also provided guidelines on the interpretation of the best-interests standard in critical-care decisions. Guidelines on critical-care decisions were drafted by the Royal College of Paediatrics and Child Health, as well as the Nuffield Council on Bioethics. South Africa lacks suchcomprehensive guidelines on critical-care decisions concerning children. It is suggested that a comprehensive set of guidelines be drafted specifically for the unique South African position. 

scholarly journals Commissioner for Inland Revenue v Lever Brothers and Unilever Ltd: A practical problem of source

2019 ◽  
Vol 19 ◽  
pp. 161-182
Author(s):  
E M Stack ◽  
D Grenville ◽  
R Poole ◽  
H Harnett ◽  
E Horn
Keyword(s):  
South Africa ◽  
South African ◽  
Critical Analysis ◽  
Practical Problem ◽  
Legal Theory ◽  
The South ◽  
Interest Income ◽  
History Of ◽  
Inland Revenue

Lever Brothers, the South African tax case that formed the basis of this research, was concerned with determining the source of interest income. In its time, this was one of the landmark cases and established tax principles that were valid for 54 years, until superseded by changes to legislation20The research presented a critical analysis of the three judgments in the case, exposing weaknesses in each. It also provided a condensed account of the history of the company, the historical era in which the transactions giving rise to the case took place, a glimpse into the lives of the judges, as well as a discussion of the development in South Africa of the rules for determining source. The most important focus of the research was the discussion of the use and validity of the practical man principle, and it was concluded that this principle should be applied, not in lieu of legal theory, but to restrain its unbridled use when unjust results would ensue.

scholarly journals Using collaborative learning exercises to transfer pervasive skills: some South African evidence

2015 ◽  
Vol 8 (2) ◽  
pp. 456-473 ◽  
Author(s):  
Monique Keevy
Keyword(s):  
South Africa ◽  
Collaborative Learning ◽  
South African ◽  
Developing Country ◽  
Teaching Methods ◽  
The South ◽  
South African Institute ◽  
Alternative Teaching ◽  
Chartered Accountants

Globally, academics have adapted their teaching methods to more active methods, such as collaborative learning exercises. Research provides evidence of the value of collaborative learning exercises in the development of pervasive skills. The objective of this paper is to examine the use of collaborative learning exercises by academics in South Africa (SA) – a developing country – and to obtain their views on the effectiveness of this method in transferring pervasive skills to students. An electronically administered questionnaire was sent to accounting academics working at universities accredited by the South African Institute of Chartered Accountants. The findings of this paper reveal a gap between the use of collaborative learning exercises by SA academics compared to that globally. This gap can be attributed to a lack of awareness by SA academics of the competencies that can be developed using collaborative learning exercises, or the application of alternative teaching methods.

scholarly journals Africanizing the South African MBA: A way of avoiding self-delusion

1986 ◽  
Vol 17 (1) ◽  
pp. 17-23 ◽  
Author(s):  
O. Harari ◽  
D. T. Beaty
Keyword(s):  
South Africa ◽  
South African ◽  
Critical Analysis ◽  
The South

A critical analysis of current issues facing MBA programmes in South Africa is addressed in this article. Questions of relevance of the current MBA for South African managers are explored, serious deficiencies are highlighted, and suggestions are given to redress the concerns noted by the authors. The article is concluded by anticipating and then answering possible objections to the recommendations made by the authors.

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.

Exploring the South African Government Communication on Land Expropriation without Compensation

2020 ◽  
Vol 72 (1-3) ◽  
Author(s):  
Lungisani Moyo
Keyword(s):  
South Africa ◽  
Food Security ◽  
South African ◽  
Small Scale ◽  
South African Government ◽  
Eastern Cape ◽  
The South ◽  
Land Expropriation ◽  
African Government ◽  
Government Communication

ABSTRACT This paper used qualitative methodology to explore the South African government communication and land expropriation without compensation and its effects on food security using Alice town located in the Eastern Cape Province South Africa as its case study. This was done to allow the participants to give their perceptions on the role of government communication on land expropriation without compensation and its effects on South African food security. In this paper, a total population of 30 comprising of 26 small scale farmers in rural Alice and 4 employees from the Department of Agriculture (Alice), Eastern Cape, South Africa were interviewed to get their perception and views on government communications and land expropriation without compensation and its effects on South African food security. The findings of this paper revealed that the agricultural sector plays a vital role in the South African economy hence there is a great need to speed up transformation in the sector.

Book review: Jansen, J. 2017. As by Fire: The End of the South African University. Cape Town: Tafelberg.

2017 ◽  
Vol 1 (1) ◽  
pp. 117
Author(s):  
Jared McDonald
Keyword(s):  
South Africa ◽  
South African ◽  
Teaching And Learning ◽  
Cape Town ◽  
The South ◽  
Scholarship Of Teaching ◽  
Creative Commons ◽  
Vice Chancellor ◽  
The University

Dr Jared McDonald, of the Department of History at the University of the Free State (UFS) in South Africa, reviews As by fire: the end of the South African university, written by former UFS vice-chancellor Jonathan Jansen.    How to cite this book review: MCDONALD, Jared. Book review: Jansen, J. 2017. As by Fire: The End of the South African University. Cape Town: Tafelberg.. Scholarship of Teaching and Learning in the South, [S.l.], v. 1, n. 1, p. 117-119, Sep. 2017. Available at: <http://sotl-south-journal.net/?journal=sotls&page=article&op=view&path%5B%5D=18>. Date accessed: 12 Sep. 2017.   This work is licensed under the Creative Commons Attribution 4.0 International License.To view a copy of this license, visit http://creativecommons.org/licenses/by/4.0/

Understanding Who is Having a Taste(off) Nigeria

2020 ◽  
Vol 25 (4) ◽  
pp. 425-440
Author(s):  
Martinette Kruger ◽  
Adam Viljoen ◽  
Oghenetejiri Digun-Aweto
Keyword(s):  
Cultural Identity ◽  
South African ◽  
Developing Country ◽  
Effective Medium ◽  
Cultural Immersion ◽  
The South ◽  
Market Segments ◽  
Culinary Tourism ◽  
The Many ◽  
Multiethnic Societies

Events and festivals, especially those focused on food, showcase the many nuances within a culture and can be seen to be an effective medium to transfer cultural identity or tradition. Cultural phenomena such as food festivals are integral to cultural immersion, especially in multicultural/multiethnic societies such as Nigeria. Emphasizing the importance of investigating the culinary festival market in Nigeria, TasteOff is an example in a developing country that identifies the market segments based on a multisegmentation approach that includes (i) travel motives, (ii) the important "festivalscape" factors, and (iii) future culinary event preferences. This research contributes dually to (i) a better understanding of culinary tourism in Africa, especially since much attention is placed on the South African scenario, and (ii) the needs and preferences of Africa's largest economy, Nigeria.

Dilution studies on three marine outfalls in South Africa

1995 ◽  
Vol 32 (2) ◽  
pp. 297-304
Author(s):  
Willem A. M. Botes ◽  
J. F. Kapp
Keyword(s):  
South Africa ◽  
South African ◽  
Field Data ◽  
Prediction Models ◽  
Feasibility Studies ◽  
The South ◽  
Average Current ◽  
Predicted Values ◽  
Prediction Techniques ◽  
Domestic Effluent

Field dilution studies were conducted on three “deep” water marine outfalls located along the South African coast to establish the comparibility of actual achievable initial dilutions against the theoretical predicted values and, where appropriate, to make recommendations regarding the applicability of the different prediction techniques in the design of future outfalls. The physical processes along the 3000 km long coastline of South Africa are diverse, ranging from dynamic sub-tropical waters on the east coast to cold, stratified stagnant conditions on the west coast. Fourteen existing offshore marine outfalls serve medium to large industries and various local authorities (domestic effluent). For this investigation three outfalls were selected to represent the range of outfall types as well as the diversity of the physical conditions of the South African coastline. The predicted dilutions, using various approaches, compared well with the measured dilutions. It was found that the application of more “simple” prediction techniques (using average current velocities and ambient densities) may be more practical, ensuring a conservative approach, in pre-feasibility studies, compared to the more detailed prediction models, which uses accurate field data (stratification and current profiles), when extensive field data is not readily available.

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