scholarly journals Greening the Judiciary

2017 ◽  
Vol 9 (3) ◽  
pp. 71
Author(s):  
M Kidd
Keyword(s):  
South African ◽  
Environmental Context ◽  
Correct Interpretation ◽  
The South ◽  
The Future ◽  
The Law

This note considers the performance of the South African courts in deciding environmental cases and suggests that, notwithstanding some good decisions, there are still too many decisions where the courts are not applying relevant legislative provisions or misinterpreting the law. It is suggested that the future acceptable performance of the courts not only rests on correct interpretation and application of the legislation, but also increased familiarity by judges with the technical environmental context within which the cases are situated. The role of legal practitioners in achieving this is also highlighted.

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.

The Future of Robo-Advisors in the South African Insurance Industry: Is the South African Regulatory Framework Ready?

2020 ◽  
Vol 32 (2) ◽  
pp. 175-204
Author(s):  
Samantha Huneberg
Keyword(s):  
South African ◽  
Insurance Industry ◽  
Dominant Role ◽  
Active Role ◽  
Regulatory Framework ◽  
The South ◽  
Insurance Law ◽  
The Future ◽  
Industry Professionals

Insurance industries worldwide currently face disruption in many forms. Technology and artificial intelligence are changing the way we know and transact insurance. One way that technology is impacting insurance is through the use of robo-advisors. Robo-advisors provide automated advice to customers based on algorithms built into the software. This means that many people can now access insurance products at the click of a button. The previous dominant role of intermediaries and advisors in the insurance industry are not as significant in the procuring of insurance products as they used to be. Robo-advisors are able to provide on-demand advice at a lower price and with greater efficacy than their human counterpart. Many industry professionals welcome this change but there is a fear that the technology may render humans obsolete. The current regulatory framework in South Africa is relatively open to the use of automated advice and the future regulations appear to be pro-technology and innovation. This should allow for substantial growth in the insurance industry. Robo-advising should, therefore, play a more active role in procuring insurance products and maintaining these products. In terms of the current regulatory framework in South African insurance law, the question arises as to whether the regulatory framework accommodates the use of robo-advisors.

scholarly journals Truth and reconciliation in South Africa: Hindu experiences and concerns

2004 ◽  
Vol 60 (4) ◽  
Author(s):  
P.G.J. Meiring
Keyword(s):  
South Africa ◽  
South African ◽  
Truth And Reconciliation Commission ◽  
Faith Communities ◽  
The South ◽  
Reconciliation Commission ◽  
Truth And Reconciliation ◽  
Hindu Community ◽  
The Way

The author who served on the South African Truth and Reconciliation Commission (TRC), focuses on the Hindu experience in South Africa during the apartheid years. At a special TRC Hearing for Faith Communities (East London, 17-19 November 1997) two submissions by local Hindu leaders were tabled. Taking his cues from those submissions, the author discusses four issues: the way the Hindu community suffered during these years, the way in which some members of the Hindu community supported the system of apartheid, the role of Hindus in the struggle against apartheid, and finally the contribution of the Hindu community towards reconciliation in South Africa. In conclusion some notes on how Hindus and Christians may work together in th

scholarly journals The Danger for an Underestimation of Necessary Precautions for the Admissibility of Admissions in Section 219A of the South African Criminal Procedure Act 51 of 1977

2019 ◽  
Vol 31 (1) ◽  
pp. 81-120
Author(s):  
’Mampolokeng ’Mathuso Mary-Elizabet Monyakane
Keyword(s):  
South African ◽  
Criminal Procedure ◽  
Prima Facie ◽  
The South ◽  
Simple View ◽  
The Law ◽  
Criminal Matters ◽  
Law Of Evidence

AbstractThe Prima facie view regarding the admissibility of admissions, as evidence, in criminal matters is that, to admit admissions as evidence, the court requires a single consideration as to whether the admission was made freely and voluntarily. Without too much ado, the simple view to this understanding presupposes that admission of an admission as evidence against its maker is of a lesser danger compared to the admission of a confession. The admissibility of confessions against their makers does not come as easily as that of admissions. There are many prescribed requirements to satisfy before confessions are admitted as evidence. This comparison has led to a questionable conclusion that requirements for the admissibility of admissions are of a less complexity equated to the requirements for the admission of confessions. This paper answers the question whether an inference that the requirements for the admissibility of admissions are of a less complexity compared to the requirements for the admission of confessions is rational? It equates this approach to the now done away with commonwealth states rigid differentiation perspective. In the 1800s the commonwealth states, especially those vowing on the Wigmorian perspective on the law of evidence, developed from a rigid interpretation of confessions and admissions and adopted a relaxed and wide definitions of the word, “confession.” To this extent there was a relaxed divide between confessions and admissions hence their common classification and application of similar cautionary rules. The article recounts admissibility requirement in section 219A of the South African Criminal Procedure Act 51 of 1977 (CPA) (Hereinafter CPA). It then analyses Section 219A of the CPA requirement in the light of the rationale encompassing precautions for the admission of confessions in terms of 217(1) of the CPA. It exposes the similarities of potential prejudices where confessions and admissions are admitted as evidence. It reckons that by the adherence to this rigid differentiation perspectives of confessions and admissions which used to be the practice in the commonwealth prior the 1800s developments, South African law of evidence remains prejudicial to accused persons. To do away with these prejudices this article, recommends that section 219A be amended to include additional admissibility requirements in section 217(1). In effect it recommends the merging of sections 217(1) and 219A of the CPA.

scholarly journals UNFIT TO OWN A FIREARM? The role of the police in firearm control

2016 ◽  
Author(s):  
Anthony Minnaar ◽  
Duxita Mistry
Keyword(s):  
South African ◽  
The South ◽  
Police Service ◽  
South African Police Service ◽  
Firearm Control ◽  
South African Police ◽  
Lack Of Knowledge

This article draws on a study that examined aspects of the implementation by the South African Police Service (SAPS) of section 11 of the old Arms and Ammunition Act. This section refers to the declaration by the police of a person to be unfit to possess a licensed firearm.Although the police are more vigilant than ever about declaring people unfit, their lack of knowledge about the process needs to be addressed, as does the tendency of police and prosecutors to blame each other for problems that arise. Unless these deficiencies are ironed out soon, they will obstruct the execution of the new Firearms Control Act.

scholarly journals The role of the South African Veterinary Council, with special reference to the period 1982–2011

2014 ◽  
Vol 85 (1) ◽  
Author(s):  
Peter C. Ardington ◽  
Rudolph D. Bigalke
Keyword(s):  
Special Reference ◽  
South African ◽  
Government Policy ◽  
Background Information ◽  
The South

The current South African Veterinary Council (SAVC) has a long and laborious history associated with the legislation responsible for its establishment. The forerunner of the SAVC, the South African Veterinary Board, was established in terms of the Veterinary Act 1933 (Act No. 16 of 1933), which was launched through Parliament as a private motion by Dr Hjalmar Reitz M.P. After several amendments, the Act was replaced with the Veterinary and Para-veterinary Professions Act 1982 (Act No. 19 of 1982), superseding the existing Board with the SAVC. One of the reasons for replacing this Act was to comply with Government policy for professional statutory bodies to become self-funding, with fees paid by registered professionals, and to constitute councils that were more representative of the profession. Apart from providing some background information, this article was virtually entirely confined to some historic aspects of the SAVC, using, as its basis, the main developments that occurred during the terms of office of its various presidents, serving from 1982 to 2011. The presidents concerned are: Prof. B.C. Jansen (28 March 1983 – 28 March 1986), Dr G.E. Frost (14 April 1986 – 31 March 1992), Prof. R.I. Coubrough (07 April 1992 – 21 March 1994), Dr P.C. Ardington (21 March 1994 – 31 March 1998), Prof H.M. Terblanche (31 March 1998 – 31 March 2004), Prof. S.S. van den Berg (01 April 2004 – 30 July 2007) and Dr R. Moerane (06 August 2007 – 31 July 2013).

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