scholarly journals Class action certification and constitutional claims: The South African case

2020 ◽  
Vol 27 (5) ◽  
pp. 636-659
Author(s):  
Theo Broodryk
Keyword(s):  
United States ◽  
South African ◽  
The United States ◽  
Class Action ◽  
Bill Of Rights ◽  
The South ◽  
Class Actions ◽  
Public Character ◽  
The Government ◽  
Certification Requirement

This article considers whether, in the case of South African, there is a valid basis for requiring certification of certain types of class actions only. Specifically, the article will consider whether a preliminary certification requirement should apply to constitutional claims against the government in the same way it applies to other class actions. To determine this issue, the purpose of certification is considered with a view to establishing whether said purpose is only given effect to in certain circumstances. If certification would serve no purpose in the context of Bill of Rights claims or claims which display a public character, it may be prudent not to require class action certification in such cases. Conversely, if certification would still serve a purpose in those types of cases, it should remain part of class proceedings. To assist in making this determination, the position in several European jurisdictions, Ontario and the United States is considered.

scholarly journals A Comparative Discussion of the Judicial Disqualification of Directors under the South African Companies Act

2020 ◽  
pp. 1-24
Author(s):  
Rehana Cassim
Keyword(s):  
United States ◽  
United Kingdom ◽  
South African ◽  
United States Of America ◽  
The United States ◽  
The South ◽  
The United Kingdom ◽  
Locus Standi

Abstract Section 162 of the South African Companies Act 71 of 2008 empowers courts to declare directors delinquent and hence to disqualify them from office. This article compares the judicial disqualification of directors under this section with the equivalent provisions in the United Kingdom, Australia and the United States of America, which have all influenced the South African act. The article compares the classes of persons who have locus standi to apply to court to disqualify a director from holding office, as well as the grounds for the judicial disqualification of a director, the duration of the disqualification, the application of a prescription period and the discretion conferred on courts to disqualify directors from office. It contends that, in empowering courts to disqualify directors from holding office, section 162 of the South African Companies Act goes too far in certain respects.

The United States Supreme Court’s case selection: A primer for the South African Constitutional Court in hearing matters of general public importance

2021 ◽  
Vol 8 (2) ◽  
pp. 149-174
Author(s):  
Paul Nkoane
Keyword(s):  
United States ◽  
Supreme Court ◽  
South African ◽  
General Public ◽  
The United States ◽  
Constitutional Court ◽  
United States Supreme ◽  
The South ◽  
Case Selection ◽  
The Supreme Court

The jurisdiction of the South African Constitutional Court has been extended for the court to administer ‘matters of general public importance’ in addition to administering constitutional matters. There is no South African court that accepted appeals on the grounds that the matter raised an arguable point of law of general public importance. This novelty in the South African law requires an inspection of other jurisdictions to determine which matters the Constitutional Court should accept for appeals. In this respect, the article inspects the Supreme Court of the United States case docket to determine the kinds of cases the court accepts for appeals.

Haunted Legacies

Black Opera ◽  
2018 ◽  
pp. 55-84
Author(s):  
Naomi André
Keyword(s):  
United States ◽  
South African ◽  
Song Cycle ◽  
The United States ◽  
Interracial Relationships ◽  
The South ◽  
Racial Categories ◽  
William Bolcom

This chapter examines the song cycle (also thought of as a monodrama or solo opera) by composer William Bolcom and playwright/librettist Sandra Seaton, From the Diary of Sally Hemings. The chapter includes a discussion of the DNA, kinship, and social controversies over the interracial pairing of Jefferson, a founder of the United States as a nation, and Hemings, his slave and consort. Through an analysis of the compositional genesis of the work, the text, and the music, this chapter also explores what is at stake for thinking about the breakdown of black-white racial categories. Extended references are made to Saartijie Baartman (the South African “Hottentot Venus”) and Edward Ball, the descendent of the Ball plantation who looked up interracial relationships with slaves in his family.

Class Actions in the United States and Israel: A Comparative Approach

2018 ◽  
Vol 19 (1) ◽  
pp. 151-202 ◽  
Author(s):  
Alon Klement ◽  
Robert Klonoff
Keyword(s):  
United States ◽  
Subject Matter ◽  
The United States ◽  
Class Action ◽  
Comparative Approach ◽  
Common Features ◽  
Class Actions ◽  
Per Capita ◽  
The Many ◽  
Action Procedure

Abstract Unlike most countries, the United States and Israel have employed the class action procedure for decades. This Article compares the two countries’ class action regimes and examines how the device has evolved in those countries. It examines the current procedures, as well as proposed reforms. It also compares class action statistics in the two countries relating to filings and outcomes. We demonstrate the many common features between the United States and Israeli class action procedures. As we illustrate, these common features have led to robust class action practices in both countries. At the same time, there are profound differences between the types of class actions filed and their outcomes. Thus, while Israel has many more class actions than the United States on a per capita basis, the cases are much less consequential from a monetary and subject matter perspective. We explore possible explanations for these observations. Furthermore, this study identifies features — utilized by the United States and Israel — that can serve as models for other countries that are adopting or amending their own class action regimes.

scholarly journals Vrouwees: perspektiewe in die meer onlangse Afrikaanse poësie en prosa

Literator ◽  
1988 ◽  
Vol 9 (3) ◽  
pp. 29-43
Author(s):  
R. Marais
Keyword(s):  
United States ◽  
Women Writers ◽  
South African ◽  
United States Of America ◽  
The United States ◽  
The South ◽  
The Usa ◽  
Feminist Movements ◽  
Creative Writings

This article investigates the views on woman and womanhood that are expressed in the poetry and prose of several contemporary women writers in Afrikaans. The study is conducted against the background of certain tendencies in feminist movements in Europe, Britain and the United States of America as well as views pronounced in the writings (both literary and feminist) of a number of feminist writers in Europe, Britain and the USA. For the purposes of this investigation a short exposition is given of what feminism entails, as well as of a number of the different views and approaches which it accommodates. Subsequently different views on womanhood as expressed in the creative writings of a number of women writers who have written extensively on this topic are discussed at the hand of their poetry and prose. Specific attention is paid to the South African woman’s views on men, marriage, her own sexuality and motherhood as revealed in the writings of these women.

scholarly journals Standing to Sue and Multiple Defendant Class Actions in Australia, Canada, and the United States

1969 ◽  
pp. 295
Author(s):  
Vince Morabito
Keyword(s):  
United States ◽  
The United States ◽  
Class Action ◽  
Appellate Courts ◽  
Class Actions ◽  
Action Procedure

Recent decisions by appellate courts in Australia, Canada, and the United States provide an ideal opportunity to explore an important issue concerning the class action procedure, which has been largely ignored by legal commentators in Australia and Canada and has received, in the author's opinion, inadequate attention in the United States. The issue in question concerns the availability of the class action device where the representative plaintiff is seeking to initiate a class proceeding against more than one defendant but does not have individual standing to sue all of the proposed defendants.

scholarly journals G.I. BILL OF RIGHTS: IMPACT ON THE IMAGE OF THE VETERAN IN COLLECTIVE CONSCIOUSNESS

2021 ◽  
pp. 14-17
Author(s):  
M. Bazaieva
Keyword(s):  
United States ◽  
World War Ii ◽  
The United States ◽  
Educational Programs ◽  
Bill Of Rights ◽  
World War ◽  
World War Ii Veterans ◽  
The Us ◽  
The Usa ◽  
The Government

The article explores the incipience of veterans' policies in the United States of America during 1940-1956. This period is notable in veterans' history. This is caused not only by social realities after World War II but by the implementation of brand-new fundamental principles in process of forming veterans' policies. These principles opened a new page in interactions between the government and the veteran community. The article analyzes drafting the Servicemen's Readjustment Act of 1944, commonly known as the G.I. Bill of Rights, as well as public discussions around it initiated by President Roosevelt's Administration. One of the main actors of the process was American Legion, influential conservative veterans' organization. The law presented by Legion was passed by Congress. The Act took effect on June 22, 1944, and lasted until 1956. G.I. Bill of Rights guaranteed numerous benefits for veterans in variable spheres of social policies, including medical care, education, housing and business loans, unemployment compensations. The most significant effect had educational programs of G.I. Bill. About 8 million American veterans, including women and African Americans, exercised their right to attend schools, colleges, and universities. Educational programs had great implications both for the veterans' population and social affairs, especially the educational system in the United States. Higher education became more widespread and democratic after the implementation of the G.I. Bill. World War II veterans had the opportunity to realize their potential in different fields, in particular in the political area. G.I. Bill of Rights had a great impact on forming the image of the veteran in the USA. The Act demonstrated the new role of veterans' policies in the context of government activities. Besides, thanks to the educational programs of the G.I. Bill veteran community became a proactive social group that played an important role in the US policy-making in the second half of the 20th century.

scholarly journals A pairwise unit-root-test based approach to investigating convergence of household debts in South Africa and the United States

2015 ◽  
Vol 4 (2) ◽  
pp. 141-147
Author(s):  
Ntebogang Dinah Moroke
Keyword(s):  
United States ◽  
South Africa ◽  
South African ◽  
Unit Root ◽  
Unit Root Test ◽  
The United States ◽  
Unit Root Tests ◽  
The South ◽  
Absolute Value ◽  
Catching Up

The purpose of this paper was to test convergence of household debts in the United States and South Africa taking a pairwise unit root tests based approaches into account. Substantial number of studies dealt with convergence of several macroeconomic variables but to my knowledge no study considered this subject with respect to household debts of the identified countries. Quarterly data on household debts consisting of 88 observations in the South Africa and United States spanning the period 1990 to 2013 was collected from the South African and St. Louis Federal Reserve Banks. Focused on the absolute value of household debts, this study proved that South Africa is far from catching-up with the United States in terms of overcoming household debts for the selected period. The findings of this study can be used by relevant authorities to help improve ways and means of dealing with household debts South Africa.

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