Regulatory Politics in South Africa 25 Years After Apartheid

2021 ◽  
Vol 56 (1) ◽  
pp. 79-91
Author(s):  
Jonathan Klaaren
Keyword(s):  
South Africa ◽  
South African ◽  
Legal Theory ◽  
Separation Of Powers ◽  
African State ◽  
The South ◽  
The Past ◽  
Crucial Component ◽  
Regulatory Institutions ◽  
Regulatory Politics

This paper explores debates and politics over the place of regulatory democracy in contemporary South African constitutionalism. Twenty-five years after the formal legal transition from apartheid, regulatory institutions – by and large not the focus of negotiations in the early 1990s – have increasingly assumed prominence within the South African state. Such organisations and their functions do not fit easily within one ‘branch’ of the classic legal theory of the separation of powers into three parts, namely the judiciary, the legislature, and the executive. A typology of regulatory institutions in the South African polity includes at least four distinct types. The work of these regulatory organisations in formulating and implementing law in post-apartheid South Africa has become significant in politics, especially over the past decade. While the existence and operation of regulatory institutions does not itself comprise the whole of regulatory politics, such organisations do constitute a crucial component of and locus for such politics.

scholarly journals TRANSFORMATION OF GOVERNANCE IN STATE-OWNED COMPANIES: THE CASE OF SOUTH AFRICA AS A DEVELOPING COUNTRY

2021 ◽  
Vol 9 (7) ◽  
pp. 162-176
Author(s):  
Maphelo Malgas ◽  
Bonginkosi Wellington Zondi
Keyword(s):  
South Africa ◽  
South African ◽  
General Public ◽  
African State ◽  
South African Government ◽  
The South ◽  
African Government ◽  
Financial Reports ◽  
The People ◽  
The Will

The basis of this article is an article published by Thomas (2012) whose objective was to track over a two-year period the performance of five strategic South African state-owned enterprises with regards to issues of governance. These enterprises were ESKOM, South African Airways (SAA), South African Broadcasting Corporation (SABC), Telkom, and Transnet. The paper revealed that there were serious transgressions in these entities and recommendations were made to address these. The aim of this article therefore was to establish whether or not the transgressions reported by Thomas are still happening within these entities. The data was collected from the 2014/2015, 2015/2016, 2016/2017, and 2017/2018 financial reports of these entities. The study revealed that the transgressions are still taking place. With regards to issues of sustainability SAA and SABC continue to make loses, with SAA continuing to be bailed out by the South African government against the will of the South African general public. Fruitless and wasteful expenditure increased in all the five entities mentioned above and no serious action has been taken by the South African government to hold the people responsible accountable. While Telkom, Transnet and Eskom were making profits these profits are not at the envisaged level.

The Constitution of Namibia: an Overview

1991 ◽  
Vol 35 (1-2) ◽  
pp. 56-78 ◽  
Author(s):  
Jill Cottrell
Keyword(s):  
South Africa ◽  
South African ◽  
African State ◽  
World War ◽  
The South ◽  
International Court Of Justice ◽  
Armed Struggle ◽  
Constituent Assembly ◽  
International Court ◽  
The First World War

Namibia finally achieved independence on 21 March, 1990, after a long struggle and many false hopes and setbacks. In a nutshell: the territory was colonized by Germany. It was seized by South African forces during the First World War, and then made the subject of a League of Nations Mandate, administered by South Africa, after the war. Following the Second World War, South Africa tried to incorporate the territory, a move resisted by the United Nations. In 1966 the International Court of Justice denied standing to Ethiopia and Liberia to allege breaches of the mandate. However, shortly thereafter the UN voted to terminate the mandate. At about the same time the South West African People's Organization (SWAPO) launched its armed struggle. South Africa's response to these developments was to implement plans for the closer integration of the territory into the South African state, and into the system of apartheid. As a result, a system of native authorities, based on ethnicity, was introduced.In 1975 the “Turnhalle” talks were started which, although rejected by most of the black groups, led to the establishment of a constituent Assembly. During the same period, a “Contract Group” of Western Nations began to negotiate with South Africa over a settlement for Namibia. The ultimate proposals were accepted by the UN, SWAPO and South Africa, and the plans were recognized by UN Resolution 435. But immediately thereafter problems began to arise, and talks about implementation stopped and started for a number of years.

South Africa and the Antarctic, 1920–1960

Polar Record ◽  
1996 ◽  
Vol 32 (180) ◽  
pp. 25-42 ◽  
Author(s):  
Klaus J. Dodds
Keyword(s):  
South Africa ◽  
South African ◽  
African State ◽  
The United States ◽  
The South ◽  
African Government ◽  
Determining Factors ◽  
Antarctic Continent ◽  
Antarctic Treaty ◽  
The Antarctic

AbstractThe South African state has never made a formal claim to the Antarctic continent. In the inter-war period, the South African government prepared a number of memorandums and discussion papers on the subject of a ‘South African sector in the Antarctic.’ This paper not only critically interprets those government papers, but, more importantly, assesses the reasons why South Africa never made a formal claim. It is suggested that relations with Britain and the Empire, as well as the activities of Norway and the United States, were crucial determining factors. Finally, the implications for later South African involvement in the South Atlantic and the Antarctic Treaty System are briefly considered.

scholarly journals An evaluation of the income tax treatment of client loyalty programme transactions by South African suppliers

2015 ◽  
Vol 8 (1) ◽  
pp. 145-164
Author(s):  
Sophia Brink
Keyword(s):  
South Africa ◽  
South African ◽  
Income Tax ◽  
International Literature ◽  
Financial Loss ◽  
The South ◽  
The Past ◽  
Loyalty Programme

The popularity of client loyalty programmes has increased drastically over the past few years, with more than 100 suppliers in South Africa currently making use of them. Despite the fact that client loyalty programmes have been prevalent in South Africa since the 1980s, the South African Revenue Service has issued no specific guidance on the income tax treatment of client loyalty programme transactions. The main objective of the research was to determine whether South African client loyalty programme suppliers treat client loyalty programme transactions correctly for income tax purposes. In order to meet this objective, available local and international literature were analysed to determine the proposed income tax treatment of a client loyalty programme transaction expenditure incurred by supplier for purposes of the client loyalty programme. The proposed correct income tax treatment was compared with a survey circulated to a population of client loyalty programme suppliers in South Africa. The comparison indicated that in practice the Income Tax Act No. 58 of 1962 is treated differently from the proposed treatment. This incorrect tax treatment could result in possible financial loss to the client loyalty programme supplier as taxpayer.

scholarly journals Vuvuzela Magic

2014 ◽  
Vol 7 (2) ◽  
pp. 177-204 ◽  
Author(s):  
Duane Jethro
Keyword(s):  
South Africa ◽  
South African ◽  
African State ◽  
Complex Relationship ◽  
Cultural Significance ◽  
The South ◽  
World Cup ◽  
Indigenous Groups ◽  
Football Fans

During the FIFA 2010 World Cup in South Africa, a mass-produced, plastic football supporters’ horn known as the vuvuzela attracted worldwide fame and infamy. This article discusses the vuvuzela’s construction as a material and sonorous register of ‘African’ and ‘South African’ cultural distinctiveness. Specifically, it discusses the production, circulation and consumption of its ‘African’ cultural significance as a heritage form. It outlines the contested political and ideological economy – involving the South African state and football officials, FIFA, a local manufacturer, indigenous groups and football fans – through which the instrument travelled. Demonstrating the instrument’s circulation through this network, the article shows how the construction and authentication of the vuvuzela materially and sonically staged the negotiation of notions of ‘Africanness’ and ‘South Africanness’, as well as their complex relationship in post-apartheid South Africa, during the tournament.

scholarly journals Nursing Education and the Black Nurse ... An Overview

Curationis ◽  
1978 ◽  
Vol 1 (1) ◽  
Author(s):  
J.P. Samson
Keyword(s):  
South Africa ◽  
Nursing Education ◽  
South African ◽  
Medical Council ◽  
Final Examination ◽  
The South ◽  
Professional Nurse ◽  
Black Nurses ◽  
The Past

In 1907, Cecilia Makiwane passed the final examination for general nurses of the Cape Colonial Medical Council, and on 7 January 1908 became the first Black registered professional nurse in South Africa (1:269). On 31 December 1977 there were 18 362 Black nurses on the registers of the South African Nursing Council3. At the time when a new Health Act (63/1977) and a new Nursing Act (50/1978) have been promulgated, and “Curationis” makes its début, it is well to look at the highlights of the development of nursing education for Blacks during the past 70 years.

Towards a concise history of South Africa

1998 ◽  
Vol 6 (3) ◽  
pp. 283-289
Author(s):  
Robert Ross
Keyword(s):  
South Africa ◽  
South African ◽  
Economic Integration ◽  
Historical Survey ◽  
The South ◽  
The Past ◽  
History Of ◽  
Governmental System

This article discusses the problems inherent in writing a short historical survey of South Africa. Such surveys are periodically necessary in order to provide a perspective for monographic studies. This one is organized around the argument that South Africa, for all its internal divisions, has become a single country, and traces the processes of colonial conquest, economic integration and the ideological importance of mission Christianity through which this has come about. Furthermore, the recent changes in the South African governmental system provide a narrative conclusion that was not there in the past and which soon will be no more.

scholarly journals Meeting the challenge of the work-life balance in the South African workplace

2014 ◽  
Vol 8 (4) ◽  
pp. 393-401 ◽  
Author(s):  
GF Mageni ◽  
AD Slabbert
Keyword(s):  
South Africa ◽  
Human Capital ◽  
Competitive Advantage ◽  
South African ◽  
Work Life ◽  
Work Life Balance ◽  
The South ◽  
Life Balance ◽  
The Past ◽  
Insight Into

The work-life balance (WLB) construct as a business imperative has been of growing concern in organisations outside South Africa for the past two decades, particularly given the pressure to create a sustainable global competitive advantage through human capital. Within the last decade this aspect has been prominent in various forums. However, no studies as yet provide insight into the applicability of WLB models to the South African workplace. The present article therefore explores the composition of a WLB system, and analyses constraints on its application under the conditions of the South African labour market.

Religion as Race, Recognition as Democracy

2011 ◽  
Vol 637 (1) ◽  
pp. 148-164 ◽  
Author(s):  
Noah Tamarkin
Keyword(s):  
South Africa ◽  
South African ◽  
African State ◽  
The South ◽  
South Africans ◽  
Black Jews ◽  
Politics Of Race ◽  
Media Discourses ◽  
Forms Of Violence ◽  
Past Injustices

Apartheid South Africa enacted physical, structural, and symbolic forms of violence on racially marked South Africans, and postapartheid South Africa has enacted ambitious—though also limited—laws, policies, and processes to address past injustices. In this article, the author traces the South African political histories of one self-defined group, the Lemba, to understand how the violence they collectively experienced when the apartheid state did not acknowledge their ethnic existence continues to shape their ideas of the promise of democracy to address all past injustices, including the injustice of nonrecognition. The Lemba are known internationally for their participation in DNA tests that indicated their Jewish ancestry. In media discourses, their racialization as black Jews has obscured their racialization as black South Africans: they are presented as seeking solely to become recognized as Jews. The author demonstrates that they have in fact sought recognition as a distinct African ethnic group from the South African state consistently since the 1950s. Lemba recognition efforts show that the violence of nonrecognition is a feature of South African multicultural democracy in addition to being part of the apartheid past. The author argues that the racialization of religion that positions the Lemba as genetic Jews simplifies and distorts their histories and politics of race in South Africa.

Criminological Science and the Criminal Law on the Colonial Periphery: Perception, Fantasy, and Realities in South Africa, 1900-1930

1995 ◽  
Vol 20 (04) ◽  
pp. 911-939 ◽  
Author(s):  
Martin Chanock
Keyword(s):  
South Africa ◽  
Criminal Justice ◽  
South African ◽  
Criminal Law ◽  
Sense Of Self ◽  
African State ◽  
Early Years ◽  
The South ◽  
Legal Doctrine ◽  
Self And Other

This article, by framing criminology and criminal law together, suggests that in the early years of the South African state both bodies of discourse served to evade reality and to construct a sense of self and other as a part of the development of the administration of South African criminal law. It considers the derivation of South African criminology from contemporary metropolitan formulations. South African legal doctrine and practice likewise depended on extra-South African sources. These imported discourses provided lenses through which a descriptive confrontation with the realities of the processes of criminalization, and the administration of criminal justice could be avoided precisely by hose “expert” in these fields. Instead, science and law, far from being pragmatic disciplines, provided the means by which to fantasize about the nature of white justice and black criminality.

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