scholarly journals Die rol van en beperkings op die regbank om sosiale vrede in Suid-Afrika te bevorder

Author(s):  
Eberhard Bertelsmann

Judge Eberhard Bertelsmann of the North Gauteng High Court delivered the address published here as he delivered it in Afrikaans in the series of FW de Klerk lectures in Potchefstroom on 20 February 2012.  He dealt with the role of and limitations on the judiciary to promote social peace in South Africa, pointing out the achievements of the courts in the establishment of the constitutional dispensation over the past decades.  He however also showed that the courts are over-burdened and that court administration leaves much to be desired.  Litigants and practitioners do not hesitate to abuse the system and ugly incidents of unethical conduct have marred the professions.  Judges however do not take these trends lying down and measures to rectify the situation are well underway.  Fair, understandable, predictable and speedy adjudication without fear, favour or prejudice continues to be the contribution of judges to the protection of the South African democracy.

Africa ◽  
1995 ◽  
Vol 65 (4) ◽  
pp. 565-591 ◽  
Author(s):  
Leslie Bank

AbstractDuring the 1980s a great deal was written about the role of missionaries, anthropologists, colonial officials and intellectuals in the ‘invention’ of ethnic and tribal categories in Africa. Today few scholars would question the complicity of colonial agents in the construction of ethnic or tribal identities. Despite these interventions, however, there is a growing realisation that processes of ethnicity formation are contingent on other factors as well. This article explores this proposition by investigating the role of the sub-ethnic politics of clanship in the north-eastern Orange Free State of South Africa over the past century and its specific contribution to the failure of ethnic nationalism in the region. It concludes that, given the abuse of ethnicity by the South African state, there is an enormous temptation to over-determine the role of the state in ethnic formation in South Africa and to underplay the internal dynamics of ethnicity building.


2004 ◽  
Vol 60 (4) ◽  
Author(s):  
P.G.J. Meiring

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


Author(s):  
Jonathan Hyslop

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.


2018 ◽  
Vol 44 (4) ◽  
pp. 263-269 ◽  
Author(s):  
Victoria Jane Hume ◽  
Megan Wainwright

In this paper, we draw on our own cross-cultural experience of engaging with different incarnations of the medical and health humanities (MHH) in the UK and South Africa to reflect on what is distinct and the same about MHH in these locations. MHH spaces, whether departments, programmes or networks, have espoused a common critique of biomedical dualism and reductionism, a celebration of qualitative evidence and the value of visual and performative arts for their research, therapeutic and transformative social potential. However, there have also been differences, and importantly a different ‘identity’ among some leading South African scholars and practitioners, who have felt that if MHH were to speak from the South as opposed to the North, they would say something quite different. We seek to contextualise our personal reflections on the development of the field in South Africa over recent years within wider debates about MHH in the context of South African academia and practice, drawing in part on interviews conducted by one of the authors with South African researchers and practitioners and our own reflections as ‘Northerners’ in the ‘South’.


2011 ◽  
Vol 19 (2) ◽  
pp. 251-269 ◽  
Author(s):  
F. Noel Zaal ◽  
Carmel R. Matthias

AbstractSouth Africa has utilised intermediaries to protect child witnesses and assist their communication in criminal proceedings in the magistrates' courts since 1993. is article examines some lessons to be learned from the South African experience. It provides an overview and assessment of attempts to overcome implementation problems and develop the legislation providing for intermediaries. It reviews contradictory solutions for improvement of the law recently put forward by the high court and constitutional court. Applying both the South African history and international standards, we argue that the high court offered a better way forward. We suggest some additional reforms which may also be relevant for advocates of the intermediary system in other jurisdictions.


Author(s):  
A S Van Wyk

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.


2021 ◽  
Vol 8 ◽  
Author(s):  
Anthony F. Craig ◽  
Mathilde L. Schade-Weskott ◽  
Henry J. Harris ◽  
Livio Heath ◽  
Gideon J. P. Kriel ◽  
...  

Sylvatic circulation of African swine fever virus (ASFV) in warthogs and Ornithodoros ticks that live in warthog burrows historically occurred in northern South Africa. Outbreaks of the disease in domestic pigs originated in this region. A controlled area was declared in the north in 1935 and regulations were implemented to prevent transfer of potentially infected suids or products to the rest of the country. However, over the past six decades, warthogs have been widely translocated to the south where the extralimital animals have flourished to become an invasive species. Since 2016, there have been outbreaks of ASF in pigs outside the controlled area that cannot be linked to transfer of infected animals or products from the north. An investigation in 2008–2012 revealed that the presence of Ornithodoros ticks and ASFV in warthog burrows extended marginally across the boundary of the controlled area. We found serological evidence of ASFV circulation in extralimital warthogs further south in the central part of the country.


Author(s):  
Jamil D Mujuz

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.


2015 ◽  
Vol 8 (1) ◽  
pp. 145-164
Author(s):  
Sophia Brink

The popularity of client loyalty programmes has increased drastically over the past few years, with more than 100 suppliers in South Africa currently making use of them. Despite the fact that client loyalty programmes have been prevalent in South Africa since the 1980s, the South African Revenue Service has issued no specific guidance on the income tax treatment of client loyalty programme transactions. The main objective of the research was to determine whether South African client loyalty programme suppliers treat client loyalty programme transactions correctly for income tax purposes. In order to meet this objective, available local and international literature were analysed to determine the proposed income tax treatment of a client loyalty programme transaction expenditure incurred by supplier for purposes of the client loyalty programme. The proposed correct income tax treatment was compared with a survey circulated to a population of client loyalty programme suppliers in South Africa. The comparison indicated that in practice the Income Tax Act No. 58 of 1962 is treated differently from the proposed treatment. This incorrect tax treatment could result in possible financial loss to the client loyalty programme supplier as taxpayer.


2021 ◽  
Vol 42 (1) ◽  
Author(s):  
Collium Banda

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.


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