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 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 Diversity in the ministry of chaplaincy in the South African Department of Correctional Services

2016 ◽  
Vol 72 (4) ◽  
Author(s):  
Maake J. Masango ◽  
Maxwell Mkhathini
Keyword(s):  
South Africa ◽  
South African ◽  
Spiritual Care ◽  
Religious Activities ◽  
The South ◽  
Correctional Services ◽  
Shed Light

This article gives an overview of diversity in the South African Department of Correctional Services and how it challenges the ministry of chaplains. The diversity is manifest in the religious affiliations of inmates, crime categories, various categories of offenders, and programmes and services as unpacked in this article. This article precisely aims to shed light on how the chaplaincy functions within the framework of corrections in South Africa and how the diversity of the inmates’ population impacts on its theory and praxis. The Authors delineate the role that chaplains have to play to remain relevant to the correctional environment and accentuate the required empathic and non-judgmental stance by spiritual care personnel. Religious flexibility and adaptability is essential, as chaplains are managers of all religious activities. The article provides solid insights into what being a correctional chaplain in South Africa entails.

South Africa and Scotland in the First World War

2016 ◽  
Author(s):  
Jonathan Hyslop
Keyword(s):  
South Africa ◽  
South African ◽  
British Empire ◽  
The South ◽  
Political Identities ◽  
South Africans ◽  
The First World War ◽  
Battle Of The Somme ◽  
First World

This chapter discusses the powerful and long-lasting impact Scottish military symbolism on the formation of military culture in South Africa. Drawing on the work of John MacKenzie and Jonathan Hyslop’s notion of ‘military Scottishness’, this chapter analyses how Scottish identity both interacted with the formation of political identities in South Africa, and ‘looped back’ to connect with changing forms of national identity in Scotland itself. In particular, it addresses how the South Africans’ heroic role at Delville Wood, during the Battle of the Somme, became a putative symbol of this racialised ‘South Africanism’. The South African Brigade included a battalion of so-called ‘South African Scottish’ which reflected the phenomenon of military Scottishness. Overall, the chapter looks at the way in which the representations of the role of the South African troops involved an interplay between British empire loyalism, white South African political identities, and Scottishness.

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.

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.

scholarly journals The militarisation of the Platfontein San (!Xun and Khwe): The initial years 1966–1974

2014 ◽  
Vol 10 (4) ◽  
Author(s):  
A S Van Wyk
Keyword(s):  
South Africa ◽  
South African ◽  
The South ◽  
Security Forces ◽  
Political Events ◽  
Northern Cape ◽  
Liberation Movements ◽  
Made In

The resettlement of 372 San (Bushmen) soldiers with dependents from 31/201 and 203 Battalions in Namibia to Schmidtsdrift in the Northern Cape during March 1990 was the last chapter in the process of militarisation of the !Xun and Khwe communities. However, there is a popular perception that the South African Defence Force (SADF) was primarily responsible for the militarisation of this particular San community, with the founding of 31 Battalion during 1974. This ignores the fact that the !Xun and Khwe originated in Angola, where they were actively involved with the Portuguese security forces. With one exception, only superficial mention is made in the literature about the role of the San soldiers in Angola before independence in November 1975. This article shows that the militarisation of the San actually started in 1966, when members of the !Xun were recruited by the Portuguese Security Police (PIDE) and successfully used against the Angolan liberation movements MPLA, FNLA and UNITA. The lifestyle of the San before the PIDE era is discussed, as is the period in which they were raised to a superior status as flecha fighters. This period of military prowess ended with the independence of Angola and resulted in the !Xun and Khwe seeking refuge with the SADF. These geo-political events led to the founding of 31 Battalion, situated in the Western Caprivi, where former flecha soldiers were retrained and incorporated into SADF structures. In closing, brief mention is made of the resettlement of the !Xun and Khwe to Schmidtsdrift in South Africa.

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 Whatever happened to God’s holiness? The holiness of God and the theological authenticity of the South African neo-Pentecostal prophetic activities

2021 ◽  
Vol 42 (1) ◽  
Author(s):  
Collium Banda
Keyword(s):  
South Africa ◽  
South African ◽  
Research Question ◽  
Theoretical Framework ◽  
The South ◽  
Human Needs ◽  
Theological Perspective ◽  
Doctrine Of The Church ◽  
The Church

The controversial activities of the neo-Pentecostal prophets (NPPs) in South Africa raise many theological questions. From a systematic theological perspective that affirms the importance of Christian doctrines in regulating church worship and practice, this article uses God’s holiness to evaluate the theological authenticity of the NPPs’ controversial activities. The research question answered in the article is: how can an understanding of the holiness of God empower Christian believers to respond meaningfully to the controversial practices? The article begins by describing the theoretical framework of God’s holiness. This is followed by describing the NPPs’ shift from prophecy focusing on holiness to one focused on human needs. Furthermore, this shift among the NPPs from holiness to human needs is attributed to celebrity cultism through which the prophets thrust themselves as powerful figures who are able to solve people’s problems. Afterward an analysis is made of how the holiness of God is violated by the NPPs’ controversial practices. Finally, some steps are suggested for NPPs and their followers to take to align their activities with God’s holiness. The contribution of the article lies in highlighting the importance of God’s holiness as a standard of measuring the Christian authenticity of the controversial activities of the NPPs in South Africa.Intradisciplinary and/or interdisciplinary implications: The article uses insights from the doctrine of God’s holiness, the role of biblical prophecy and the doctrine of the church, to critique the controversial activities of the NPPs in South Africa.

scholarly journals Where is the church on Monday? Awakening the church to the theology and practice of ministry and mission in the marketplace

2015 ◽  
Vol 49 (3) ◽  
Author(s):  
Dion A. Forster ◽  
Johann W. Oosterbrink
Keyword(s):  
South Africa ◽  
South African ◽  
Missio Dei ◽  
The South ◽  
Theology Of Work ◽  
The World ◽  
Missional Theology ◽  
The Church

Recent research by the Call42 group has shown that South African Christians experience that they are not adequately prepared or equipped for Christian living and discipleship in the world of work – here called the marketplace. This article has argued for the importance of a rediscovery of a theology of work that can empower and equip the church and individual Christians for ministry in the marketplace. The article traces why such a theological deficiency exists in the South African church by considering areas such as an inadequate theology of work and mission, a dualism between faith and work, and an unbalanced emphasis on the role of clergy and a lesser focus on the role of the laity in themissio Dei. Having considered these challenges to the mission and theological identity of the church, the article discusses the three general theological views of the church in South Africa as presented by Smit and adapted by Forster. It considers how the church could become an agent of mission and transformation in the marketplace in each of these three forms. The article comes to the conclusion that the church will need to revisit its missional theology, refocuses its efforts on broader society, and empowers and equips its members for ministry in the marketplace in order to be faithful in partnering with God in the missio Dei.Waar is die kerk op Maandag? Ontwaking van die kerk tot die teologie en praktyk vanbediening en sending in die markplein. Onlangse navorsing deur die Call42 groep het bevind dat Suid-Afrikaanse Christene ervaar dat hulle nie voldoende voorbereid en toegerus is vir die Christelike lewe en dissipelskap in die arbeidsmark - hier genoem die markplein – nie. Hierdie artikel poog om aan te toon dat ’n herontdekking van ’n teologie van werk belangrik is ten einde die kerk in die algemeen asook individuele Christene te bemagtig en toe te rus vir die bediening in die markplein. Hierdie artikel poog dus om die kwessie van die sodanige teologiese leemte in die Suid-Afrikaanse kerk na te vors. Terreine soos onvoldoende teologie van werk en sending word ondersoek, ’n dualisme tussen geloof en werk word uitgewys, en daar word aangetoon dat ’n oorspeling van die predikant se rol en ’n onderspeling van gewone kerklidmate se rol die kerk se betrokkenheid by die missio Dei benadeel. Met inagneming van hierdie uitdagings aan sending en die kerk se teologiese identiteit, bespreek die artikel drie algemene teologiese standpunte van die kerk in Suid Afrika, soos deur Smit aangebied en deur Forster aangepas. Die artikel besin hoe die kerk in elk van hierdie drie bestaansvorme ’n agent van sending en transformasie in die markplein kan wees. Die gevolgtrekking word gemaak dat die kerk die missionale of sendingteologie moet heroorweeg, opnuut moet fokus op die uitreik na die breër gemeenskap en lidmate vir bediening in die markplein moet bemagtig en toerus. Sodoende sal die kerk getrou wees aan die medewerking met God in die missio Dei.

Political Violence in South Africa: The Role of Youth

1994 ◽  
Vol 22 (2) ◽  
pp. 27-29
Author(s):  
Saths Cooper
Keyword(s):  
South Africa ◽  
Human Rights ◽  
South African ◽  
Political Violence ◽  
Historical Background ◽  
The South ◽  
The Core

A meaningful understanding of the causes of political violence in South Africa and youth’s role in its dénouement must consider some of the historical background to the national struggle for human rights and youth’s specific involvement thereof. The phenomenon of adolescent marchers and activists who characterized the resistance to Apartheid over the last decade has had sequelae and antecedents that reflect the core of the South African dilemma.

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