scholarly journals The Constitutional Court’s contribution to sustainable development in South Africa

2017 ◽  
Vol 6 (2) ◽  
pp. 80
Author(s):  
Irma J Kroeze
Keyword(s):  
South Africa ◽  
South African ◽  
Social Life ◽  
The Other ◽  
Political Freedom ◽  
Personal Freedom ◽  
Government Power ◽  
Self Rule ◽  
South African Constitution ◽  
The Right

 Freedom is central to most constitutions.  In the constitutional context, freedom usually means both personal freedom and political freedom.  Personal freedom can be described as the right to decide for oneself the terms of one's life, both individually and communally.  It is what Frank Michelman calls self-rule: it "demands the people's determination for themselves of the norms that are to govern their social life".3  Political freedom, on the other hand, implies the protection against arbitrary government power.  This is what Michelman calls law-rule.  In most constitutional dispensations both these types of freedom are implicated and the South African constitution is no exception.4  But, it is ironic that in most constitutional democracies these two types of freedom are also frequently in conflict with one another.  In fact, it is not far-fetched to suggest that they are conceptually contradictory.

scholarly journals God's Kingdom in The Law's Republic: religious freedom in South African constitutional jurisprudence

2017 ◽  
Vol 6 (2) ◽  
pp. 96
Author(s):  
Irma J Kroeze
Keyword(s):  
South African ◽  
Social Life ◽  
Religious Freedom ◽  
Political Freedom ◽  
Personal Freedom ◽  
Government Power ◽  
Self Rule ◽  
South African Constitution ◽  
The Right ◽  
Constitutional Jurisprudence

Freedom is central to most constitutions.  In the constitutional context, freedom usually means both personal freedom and political freedom.  Personal freedom can be described as the right to decide for oneself the terms of one's life, both individually and communally.  It is what Frank Michelman calls self-rule: it "demands the people's determination for themselves of the norms that are to govern their social life".3  Political freedom, on the other hand, implies the protection against arbitrary government power.  This is what Michelman calls law-rule.  In most constitutional dispensations both these types of freedom are implicated and the South African constitution is no exception.4  But, it is ironic that in most constitutional democracies these two types of freedom are also frequently in conflict with one another.  In fact, it is not far-fetched to suggest that they are conceptually contradictory.

scholarly journals DEFINING THE RIGHT TO STRIKE: A COMPARATIVE ANALYSIS OF INTERNATIONAL LABOUR ORGANIZATION STANDARDS AND SOUTH AFRICAN LAW

Obiter ◽  
2021 ◽  
Vol 33 (2) ◽  
Author(s):  
Mohamed Alli Chicktay
Keyword(s):  
South Africa ◽  
International Law ◽  
South African ◽  
The Other ◽  
International Labour Organization ◽  
International Labour Organisation ◽  
Human Right ◽  
South African Constitution ◽  
The Right ◽  
Do So

The right to strike is a fundamental human right recognized in international law and the South African Constitution. If “strike” is defined too narrowly it would deny protection that would normally be given to employees who would otherwise be participating in a strike. On the other hand if “strike” were defined too broadly it would categorize as strike action that would not normally be regarded as a strike: thus subjecting these employees to serious consequences that result from participating in an unprotected strike. These may include dismissals, interdicts and claims for compensation. South Africa has a constitutional obligation to comply with international law when interpreting human rights. The purpose of this article is to determine whether South African law defines “strike” in compliance with International Labour Organisation standards and to make suggestions for amendments to the lawwhere it fails to do so.

The Human Right to Water in South Africa and the Mazibuko Decisions

2011 ◽  
Vol 51 (3-4) ◽  
pp. 521-540 ◽  
Author(s):  
Tracy Humby ◽  
Maryse Grandbois
Keyword(s):  
South Africa ◽  
South African ◽  
Constitutional Court ◽  
The South ◽  
Human Right ◽  
Lower Courts ◽  
Access To Water ◽  
South African Constitution ◽  
The Right ◽  
Right Of Access

The right of access to sufficient water in the South African Constitution has for long been regarded as progressive in a global context where the human right to water is still a subject of contention. In its recent decision handed down in the Mazibuko matter, the South African Constitutional Court interpreted the right of access to sufficient water for the first time and clarified the nature of the State’s obligations which flow from this right. It also commented upon the role of the courts in adjudicating the human right to water. This article describes the passage of the Mazibuko matter and the manner in which the lower courts interpreted the right of access to “sufficient water” as well as outlining the Constitutional Court’s decision in the context of access to water services provision in South Africa.

scholarly journals The limitation of the discovery rules of Court against the right of access to information in South Africa

2017 ◽  
Vol 13 (3) ◽  
pp. 1029-1051
Author(s):  
Rashri Baboolal-Frank ◽  
Fola Adeleke
Keyword(s):  
South Africa ◽  
South African ◽  
Access To Information ◽  
Legal Analysis ◽  
Civil Proceedings ◽  
Access Information ◽  
Constitutional Right ◽  
South African Constitution ◽  
The Right ◽  
Right Of Access

Abstract In South Africa, the Promotion of Access to Information Act 2 of 2000 (PAIA) gives effect to the right of access information in Section 32 of the South African Constitution (the Constitution). Section 7 of PAIA provides that PAIA does not apply to records required for criminal or civil proceedings after commencement of proceedings where access to that record is already provided for in any other law. Where records are obtained in contravention of Section 7, they are not admissible as evidence in criminal or civil proceedings. The aim of this paper is to determine whether the discovery rules of Court limit the constitutional right of everyone to access information. Consequently, the methodology employed in this paper involves a legal analysis namely: a limitations analysis utilising Section 36, the limitations clause of the Constitution. This paper further engages in case law analysis interpreting the exercise of the right of access to information before PAIA was passed and after PAIA was passed to highlight the anomaly of the application of Section 7. This paper argues that Section 7 unconstitutionally limits the ambit of the right of access to information and a direct constitutional challenge on this provision is necessary.

Economic Changes in South African Native Life

Africa ◽  
1928 ◽  
Vol 1 (2) ◽  
pp. 170-188 ◽  
Author(s):  
I. Schapera
Keyword(s):  
South Africa ◽  
South African ◽  
Social Life ◽  
Political System ◽  
Close Contact ◽  
The Other ◽  
Economic Changes ◽  
European Culture ◽  
The Social ◽  
Social And Economic Development

The native problem as it exists to-day in South Africa is not a phenomenon of recent growth. The issues which confront the country are the product of many decades of inter-racial contact and adjustment, during which Europeans and Natives have exercised a steadily growing influence upon each others' lives. Under the influence of European culture many of the Natives have abandoned their original tribal customs, and their social life is being reorganized on a new basis by the adoption of European habits and ideas. On the other hand, the presence of the Natives has so profoundly affected the social and economic development of the Europeans as to have become almost an integral part of the whole structure of civilization in South Africa. It is no longer possible for the two races to develop apart from each other. The future welfare of the country now depends upon the finding of some social and political system in which both may live together in close contact, without that increasing unrest and disturbance that seems to develop as the inevitable result of the lack of stability and unity in any society.

English in South Africa

2001 ◽  
Vol 25 (3) ◽  
pp. 219-235 ◽  
Author(s):  
Jan Bernsten
Keyword(s):  
South Africa ◽  
Language Policy ◽  
South African ◽  
Language Use ◽  
Indigenous Languages ◽  
The Other ◽  
African Countries ◽  
Black South African ◽  
Official Languages ◽  
South African Constitution

In a departure from language policy in most other African countries, the 1996 South African Constitution added nine indigenous languages to join English and Afrikaans as official languages. This policy was meant to provide equal status to the indigenous languages and promote their use in power domains such as education, government, media and business. However, recent studies show that English has been expanding its domains at the expense of the other ten languages. At the same time, the expanded use of English has had an impact on the varieties of English used in South Africa. As the number of speakers and the domains of language use increase, the importance of Black South African English is also expanding. The purpose of this paper is to analyze current studies on South African Englishes, examining the way in which expanded use and domains for BSAE speakers will have a significant impact on the variety of English which will ultimately take center stage in South Africa.

scholarly journals Religious and Cultural Dress at School: A Comparative Perspective

2017 ◽  
Vol 14 (6) ◽  
pp. 61
Author(s):  
Elda De Waal
Keyword(s):  
South Africa ◽  
South African ◽  
The Other ◽  
Freedom Of Religion ◽  
Dress Code ◽  
The Us ◽  
Dress Codes ◽  
The One ◽  
The Right ◽  
School Governing Bodies

This article investigates and compares the different approaches towards the dress code of learners[1] in South Africa and the United States of America (US), as the US mainly base litigation concerning school dress code on their freedom of speech/expression clause, while similar South African court cases focus more on religious and cultural freedom. In South Africa, school principals and School Governing Bodies are in dire need of clear guidelines on how to respect and honour the constitutionally entrenched right to all of the different religions and cultures. The crisis of values in education arises from the disparity between the value system espoused by the school and the community, and that expressed in the Constitution of the Republic of South Africa, which guarantees learners' fundamental rights, including those of freedom of religion, culture, expression and human dignity. On the one hand, the South African Schools Act requires of School Governing Bodies to develop and implement a Code of Conduct for learners, and on the other, that they strictly adhere to the Constitution of the country when drawing up their dress codes. The right of a religious group to practise its religion or of a cultural group to respect and sustain its culture must be consistent with the provisions of the Bill of Rights (which is entrenched in the Constitution) and this implies that other rights may not infringe on the right to freedom of religion and culture. In the US, although there is no legislation that protects learners' freedom of religion and culture at schools, their First Amendment guides the way. Their Supreme Court respects the religious values of all citizens provided that they are manifested off public school premises. While we acknowledge the existence of religious and cultural diversity at South African schools, this paper focuses on the tension among and on the existence of different approaches towards the human rights of learners from different religious and cultural backgrounds in respect of dress codes.[1]      The terms learner/s and student/s are used interchangeably in the article, since South Africa uses the one and the US uses the other to indicate school-going persons.

scholarly journals Best Protection Against Eviction?

2016 ◽  
Vol 3 (1) ◽  
pp. 40-69 ◽  
Author(s):  
Sarah Fick ◽  
Michel Vols
Keyword(s):  
South Africa ◽  
Human Rights ◽  
South African ◽  
Prima Facie ◽  
The Other ◽  
European Convention ◽  
The South ◽  
South African Constitution

This study focuses on two legal instruments that grant robust protection against eviction: the European Convention on Human Rights (echr) and the South African Constitution (sa Constitution). It compares the protection offered by these two instruments to ascertain which of these instruments offer the most comprehensive protection to unlawful occupiers. This is done so as to determine whether and to what extent these instruments should adopt the protections and approaches offered by the other. It is concluded that, although prima facie the instruments offer similar protection, the implementation of the protections under the sa Constitution offers greater protection. While this can be justified by the socio-economic realities in South Africa, some recommendations regarding the implementation of protections under the echr are made.

scholarly journals Exploring The Incidents Of Strikes In Post-Apartheid South Africa

2014 ◽  
Vol 13 (3) ◽  
pp. 553
Author(s):  
Genius Murwirapachena ◽  
Kin Sibanda
Keyword(s):  
South Africa ◽  
Labour Market ◽  
South African ◽  
Minimum Wage ◽  
Common Phenomenon ◽  
The South ◽  
Labour Relations ◽  
Stakeholder Relations ◽  
South African Constitution ◽  
The Right

Since the right to strike was recognised in the South African Constitution, strike actions have been a common phenomenon in the country. Causes of strikes in South Africa are multifaceted and their effects detrimentally catastrophic. This paper explored the incidents of strikes in post-apartheid South Africa and it analysed newspaper and other published articles to track down the occurrence, causes, and effects of strikes in South Africa. In this paper, it was established that the main causes of strike actions range from poverty, inequality, and unemployment to union rivalry and the undemocratic nature of the labour relations. It also established the effects of strike actions which are both social and economic. To achieve labour market stability, this paper recommended the democratisation of labour relations, the creation of sound stakeholder relations, turning employees into employers through indigenisation policies, and the implementation of a national minimum wage.

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

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