Sexual Harassment: The South African Perspective

2005 ◽  
Vol 7 (1-4) ◽  
pp. 229-251
Author(s):  
Sandra Govender
Keyword(s):  
South Africa ◽  
Sexual Harassment ◽  
South African ◽  
Crucial Role ◽  
The South ◽  
Positive Duty ◽  
African Perspective ◽  
The Creation ◽  
The Law

Sexual harassment is not a new phenomenon in South Africa but until recently nothing significant was done to address it. The problem is currently being addressed through legislation aimed at prevention and eradication. Sexual harassment in the employment environment is an area of great concern. With the advent of new legislation a positive duty has been placed on employers to take steps to combat the problem. Cases have already been brought before the South African courts in terms of the new legislation and the courts have shown no hesitation in implementing the law. Recent decisions have spelt victory for victims of sexual harassment whilst sending out a clear message to perpetrators and employers. The approach adopted by the courts is a laudable one. The scene has been set in South Africa for the eradication of sexual harassment. The last step is the creation of a culture of non-victimisation. Employers have a crucial role to play as far as their employees are concerned. New legislation does address this issue but awareness is necessary to enable individuals to exercise their rights without fear of victimisation. This is of paramount importance if the various pieces of legislation are to achieve their objectives.

scholarly journals Accounting practitioners’ views on the proposed “Micro GAAP”: A South African perspective

2011 ◽  
Vol 4 (2) ◽  
pp. 257-274 ◽  
Author(s):  
Hentie A. Van Wyk ◽  
Cobus Rossouw
Keyword(s):  
South Africa ◽  
South African ◽  
Financial Reporting ◽  
Financial Statements ◽  
General Purpose ◽  
The South ◽  
Reporting Framework ◽  
Accounting Practitioners ◽  
African Perspective

Even though the IFRS for SMEs does provide some relief in respect of the financial reporting burden for non-public entities, there still seems to be a need for an even lower level of financial reporting. In recent years South Africa embarked upon the development of a financial reporting framework for non-public entities and various versions of this so-called micro GAAP have been issued. However, the Accounting Practices Board raised some concerns about the then proposed micro GAAP. This article highlights the South African accounting practitioners’ views from different professional bodies on micro GAAP. They generally believe that micro GAAP will represent fair presentation and that the financial statements prepared under micro GAAP can still be regarded as general purpose financial statements. Furthermore, the majority of accounting practitioners believe that there is a definite need for a third tier of financial reporting in South Africa and indicated their preference of which entities may apply micro GAAP. Legal backing of micro GAAP is also considered appropriate by the practitioners.

scholarly journals Postsecular democracy and the reign of God: Reading Habermas and Moltmann in South Africa

2015 ◽  
Vol 49 (1) ◽  
Author(s):  
Wessel Bentley
Keyword(s):  
South Africa ◽  
South African ◽  
African Culture ◽  
The South ◽  
History And Memory ◽  
Culture History ◽  
Participatory Citizenship ◽  
African Perspective ◽  
Political Model ◽  
Reign Of God

Governed by a liberal constitution, the South African democratic project is progressively finding its own identity. Being a democracy in Africa has unique challenges, as this system of governance needs to be contextualised by integrating African culture, history and memory into a political model which will promote sustainable participatory citizenship. This article engages, from a South African perspective, Habermas’ model of a postsecular democracy and Moltmann’s understanding of ‘Reich Gottes’ in Ethics of Hope. This article proposes an integrated relationship between responsible citizenship (Habermas’ postsecular democracy) and a Christian social conscience (Moltmann’s ‘Reign of God’)1for the South African context.Postsekulêre demokrasie en die koninkryk van God: in gesprek met Habermas en Moltmann vanuit ’n Suid-Afrikaanse perspektief. Die Suid-Afrikaanse demokrasie wat gegrond is op ’n liberale grondwet, is geleidelik besig om ’n eie identiteit te vind. Demokrasie in Afrika ervaar unieke uitdagings en moet derhalwe gekontekstualiseer word deur die Afrikakultuur, geskiedenis en geheue in ’n politieke model te inkorporeer wat beoog om houdbare en deelnemende burgerskap te bevorder. Hierdie artikel tree vanuit ’n Suid Afrikaanse perspektief in gesprek met Habermas se model oor postsekulêre demokrasie sowel as met Moltmann se verstaan van ‘Reich Gottes’ in Ethics of Hope. ’n Geïntegreerde verhouding tussen verantwoordelike burgerskap (Habermas se postsekulêre demokrasie) en ’n Christelike sosiale gewete (Moltmann se ‘Koninkryk van God‘) binne die Suid-Afrikaanse konteks word derhalwe deur hierdie artikel ondersteun.

Liability of the State and Public Authorities in Israel and South Africa

2013 ◽  
pp. 1-47
Author(s):  
Max Loubser ◽  
Tamar Gidron
Keyword(s):  
South Africa ◽  
South African ◽  
Common Law ◽  
Economic Loss ◽  
Tort Law ◽  
Public Authority ◽  
The South ◽  
Public Authorities ◽  
Pure Economic Loss ◽  
The Law

Both the Israeli and the South African legal systems are classified as mixed legal systems, or mixed jurisdictions. In Israel, tort law was originally pure English common law, adopted by legislation and later developed judicially. In South Africa, the law of delict (tort) was originally Roman-Dutch but was later strongly influenced by the English common law. Under both systems, tort law is characterized by open-ended norms allowing extensive judicial development. This paper traces and compares the structural basis, methodology, policy, and trends of the judicial development of state and public-authority liability in the Israeli and South African jurisdictions. Specific factors that have impacted the development of state- and public-authority liability are: (1) constitutional values, (2) the courts’ recognition of the need for expanded protection of fundamental human rights and activism towards achieving such protection, (3) the multicultural nature of the societies, (4) problems of crime and security, and (5) worldwide trends, linked to consumerism, toward the widening of liability of the state and public authorities.Within essentially similar conceptual structures the South African courts have been much more conservative in their approach to state liability for pure economic loss than their Israeli counterparts. This can perhaps be attributed to a sense of priorities. In a developing country with huge disparities in wealth, the courts would naturally be inclined to prioritize safety and security of persons above pure economic loss. The South African courts have been similarly more conservative in cases involving administrative negligence and evidential loss.The development of the law on state and public-authority liability in Israel and South Africa is also the product of factors such as the levels of education, the effectiveness of the public service, and the history and pervasiveness of constitutional ordering. Despite important differences, the law in the two jurisdictions has developed from a broadly similar mixed background; the courts have adopted broadly similar methods and reasoning; and the outcomes show broadly similar trends.

Coaching in South Africa

2014 ◽  
Vol 1 (1) ◽  
pp. 33-41 ◽  
Author(s):  
Jerry Segwaba ◽  
Desiree Vardhan ◽  
Patrick Duffy
Keyword(s):  
South Africa ◽  
South African ◽  
Impact Evaluation ◽  
South African Government ◽  
Current Position ◽  
The South ◽  
African Government ◽  
Social Vision ◽  
Key Issues ◽  
The Creation

The South African government and the South African Sport Confederation and Olympic Committee (SASCOC) have committed to the creation of an active and winning nation through sport. As part of the national sports plan, coaching has been identified as a key element in the success of the South African sports system. In this context, SASCOC commissioned the development of the South African Coaching Framework, which was formally launched in 2011. The development and launch of the Framework has been accompanied by the gathering of research and scoping data to inform the processes of planning, implementation and impact evaluation. This article describes the current position of coaching in South Africa and the key issues being addressed through the South African Coaching Framework. The challenges that remain to be faced in maximising the contribution of sport coaching to the sporting and social vision of the nation are also identifed.

THE UNITARY, DEMOCRATIC STATE AND THE STRUGGLE AGAINST APARTHEID IN PALESTINE–ISRAEL

2008 ◽  
Vol 7 (1) ◽  
pp. 81-94 ◽  
Author(s):  
Dr Rumy Hasan
Keyword(s):  
South Africa ◽  
South African ◽  
State Solution ◽  
The South ◽  
Legal Code ◽  
Democratic State ◽  
The Creation ◽  
Liberation Struggle ◽  
Fundamental Proposition

This paper utilises a comparison between Apartheid South Africa and Israel to argue that Israel, from its inception, has been an apartheid state, albeit different in form to the South African variety. The fundamental proposition is that only the dismantling of the Zionist legal code, the constitution and discriminatory state structures will ensure the end of apartheid in Palestine–Israel. The sine qua nonfor this is the creation of a single, unitary, democratic state. Accordingly, the goal of the Palestinian liberation struggle should decisively shift away from the 'two-state solution' in favour of a 'one-state solution'. To this end, six theses are presented.

Equality and Non-Discrimination in the South African Constitution

2000 ◽  
Vol 4 (1) ◽  
pp. 47-71
Author(s):  
Joan Small ◽  
Evadne Grant
Keyword(s):  
South Africa ◽  
South African ◽  
Human Dignity ◽  
Constitutional Court ◽  
Bill Of Rights ◽  
The South ◽  
Legal Effect ◽  
The Law ◽  
South African Constitution

Equality occupies the first place in most written constitutions, but in South Africa, its importance is magnified both in terms of the text of the Constitution and in terms of the context in which that Constitution operates. The Bill of Rights is expected, in South Africa, to help bring about the transformation of the society. These expectations of transformation through the operation of the Bill of Rights are informing the development of the law in relation to equality and non-discrimination by the Constitutional Court. The concept of discrimination is uniquely defined in the South African Bill of Rights. The Courts are struggling to give legal effect to the terminology. The test developed by the Court to interpret the equality clause, it is submitted, is comprehensive and informed. But the application of the test is sometimes problematic. This paper addresses the evolving concepts of equality and discrimination in South Africa and discusses some of the difficulties with certain aspects of the test for discrimination, including the concepts of unfairness and human dignity, which have caused division among the judiciary.

The Rand and the Monetary Systems of Botswana, Lesotho, and Swaziland

1978 ◽  
Vol 16 (1) ◽  
pp. 97-121 ◽  
Author(s):  
Francis d'A. Collings
Keyword(s):  
South Africa ◽  
South African ◽  
Extended Period ◽  
National Currency ◽  
The South ◽  
Legal Tender ◽  
Monetary System ◽  
Monetary Systems ◽  
The Creation

Botswana, Lesotho, and Swaziland are among very few countries which, in recent times, have for an extended period and without formal agreement used another national currency as their domestic circulating medium and legal tender. After many years of being de facto part of a larger monetary area using the South African currency, in 1972 the three smaller countries jointly initiated negotiations with Pretoria which led to the creation of an officially recognised Rand Monetary Area in December 1974. Thereafter they chose different arrangemènts which span the spectrum between continued integration with and separation from the monetary system of South Africa. The experiences of these countries, while of interest in themselves, may also be relevant to other governments with dependent currency systems which face similar options.

scholarly journals Unpacking the Law and Practice Relating to Parole in South Africa

2017 ◽  
Vol 14 (5) ◽  
pp. 204
Author(s):  
Jamil D Mujuz
Keyword(s):  
South Africa ◽  
South African ◽  
The South ◽  
Early Release ◽  
Correctional Services ◽  
The Law ◽  
Parole System

The possibility of the early release of offenders on parole is meant to act inter alia as an incentive to ensure that prisoners behave meritoriously while serving their sentences. The South African Correctional Services Act No.111 of 1998 deals with the release of offenders on parole. This article discusses the jurisprudence emanating from South African courts dealing with various aspects of parole. In particular, the article deals with the following issues: parole as a privilege; the role of the executive and the legislature in the parole system; the period to be served before an offender is paroled; the stipulated non-parole period; and the courts’ intervention in releasing prisoners on parole.

scholarly journals A South African perspective on mutual legal assistance and extradition in a globalized world

2017 ◽  
Vol 15 (2) ◽  
pp. 291
Author(s):  
Murdoch Watney
Keyword(s):  
South Africa ◽  
Law Enforcement ◽  
South African ◽  
International Criminal ◽  
Legal Assistance ◽  
The South ◽  
Mutual Legal Assistance ◽  
African Perspective ◽  
Criminal Conduct ◽  
Globalized World

This contribution focuses on the modalities of mutual legal assistance and extradition from a South African perspective. The question is posed whether South Africa has succeeded to establish the required framework as a fully fledged member of the international community to make a positive contribution in the fields of mutual legal assistance and extradition subsequent to its international political isolation during the apartheid era. Although the international community derives substantial benefit from a borderless global world, it has as a result also to deal with the negative impact of globalization on international crime. Physical and/or electronic crimes are increasingly committed across borders and may be described as borderless, but law enforcement (combating, investigation and prosecution of crime) is still very much confined to the borders of a state. Criminal networks have taken advantage of the opportunities resulting from the dramatic changes in world politics, business, technology, communications and the explosion in international travel and effectively utilize these opportunities to avoid and hamper law enforcement investigations. As a sovereign state has control over its own territory it also implies that states should not interfere with each other’s domestic affairs. The correct and acceptable procedure would be for a state (requesting state) to apply to another state (requested state) for co-operation in the form of mutual legal assistance regarding the gathering of evidence and/or extradition of the perpetrator. Co-operation between states are governed by public international law between the requesting and requested state and the domestic law of the requested state. The South African legislature has increasingly provided for extraterritorial jurisdiction of South African courts in respect of organized crime and terrorism. It does however appear that existing criminal justice responses are experiencing challenges to meet the demands of sophisticated international criminal conduct. Mutual legal assistance and extradition provisions may show that the world is becoming smaller for fugitives and criminals, but the processes are far from expeditious and seamless. An overview of the South African law pertaining to mutual legal assistance and extradition indicates that the South African legislative framework and policies as well as international treaties make sufficient provision to render international assistance in respect of mutual legal assistance and extradition. The role of the courts in upholding the rule of law and protecting the constitutionally enshrined bill of rights, is indicative of the important function that the judiciary fulfills in this regard. It is important that extradition is not only seen as the function of the executive as it also involves the judiciary. It appears that South Africa has displayed the necessary commitment to normalize its international position since 1994 and to fulfill its obligations in a globalized world by reaching across borders in an attempt to address international criminal conduct.

Law, Race and Color in South Africa

1974 ◽  
Vol 4 (3) ◽  
pp. 6-11
Author(s):  
Neville Rubin
Keyword(s):  
South Africa ◽  
South African ◽  
Significant Proportion ◽  
Case Law ◽  
Major Constituent ◽  
The South ◽  
Party Government ◽  
The Law ◽  
Keen Observer ◽  
Entire Apparatus

The word "apartheid" does not appear anywhere in the South African statute book, and a keen observer would be hard put to discover its existence anywhere in the formal texts which make up the law. Yet apartheid is deeply embedded in the law of South Africa.In a country in which neither the content nor the administration of the law has ever been free from racial overtones, twenty-five years of continuous rule by the National Party Government have seen to it that the ideology of segregation has been translated into a formidable pattern of legalized racial discrimination. This pattern is to be observed throughout the entire apparatus of the South African legal system. It is written into the constitution and reflected in the legislature. It is a major constituent of the statute law of the country, and decisions as to the manner in which legislation is to be implemented make up a significant proportion of the case law. Apartheid has involved and influenced both the composition and the conduct of the courts, just as it has affected the legal profession and the teaching of law.

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