scholarly journals Mixed and Mixing Systems Worldwide: A Preface

Author(s):  
Seán Patrick Donlan

 This issue of the Potchefstroom Electronic Law Journal (South Africa) sees the publication of a selection of articles derived from the Third International Congress of the World Society of Mixed Jurisdiction Jurists (WSMJJ). That Congress was held at the Hebrew University of Jerusalem, Israel in the summer of 2011. It reflected a thriving Society consolidating its core scholarship on classical mixed jurisdictions (Israel, Louisiana, the Philippines, Puerto Rico, Quebec, Scotland, and South Africa) while reaching to new horizons (including Cyprus, Hong Kong and Macau, Malta, Nepal, etc). This publication reflects in microcosm the complexity of contemporary scholarship on mixed and plural legal systems. This complexity is, of course, well-understood by South African jurists whose system is derived both from the dominant European traditions as well as from African customary systems, including both those that make up part of the official law of the state as well as those non-state norms that continue to be important in the daily lives of many South Africans.

2019 ◽  
Vol 75 (4) ◽  
Author(s):  
Allan A. Boesak

The assassination of Martin Luther King Jr, 50 years ago on 04 April 1968, has been recalled in the United States with memorial services, conferences, public discussions and books. In contrast, the commemoration in 2017 of the death of Albert John Mvumbi Luthuli, 50 years ago on December 1967, passed almost unremarked. That is to our detriment. Yet, these two Christian fighters for freedom, in different contexts, did not only have much in common, but they also left remarkably similar and equally inspiring legacies for South Africa, the United States and the world in the ways they lived their lives in complete faith commitment to ideals and ways of struggle that may guide us in the ongoing struggles to make the world a more just, peacable and humane place. For South African reflections on our ethical stance in the fierce, continuing struggles for justice, dignity and the authenticity of our democracy, I propose that these two leaders should be considered in tandem. We should learn from both. This article engages Martin Luther King Jr’s belief in the ‘inescapable network of mutuality’, applies it to the struggle for freedom in South Africa and explores the ways in which South Africans can embrace these ethical ideals in facing the challenges of post-liberation.


1994 ◽  
Vol 11 (2) ◽  
pp. 274-281
Author(s):  
Tamara Sonn

Background of South African IslamIn 1994, South Africans will celebrate three centuries of Islam inSouth Africa. Credit for establishing Islam in South Africa is usuallygiven to Sheikh Yusuf, a Macasser prince who was exiled to South Africafor leading the resistance against the Dutch colonization of Malaysia. Thefitst Muslims in South Africa, however, were actually slaves who hadbeen imported, beginning in 1677, mainly from India, the Indonesianarchipelago, Malaysia, and Sri Lanka, by the Dutch colonists living in theCape. The Cape Muslim community, popularly but inaccurately knownas "Malays" and known under apattheid as "Coloreds," is the oldest Muslimcommunity in South Africa. The other major Muslim community wasestablished over a century later by indentured laborers and tradespeoplefrom northern India, a minority of whom weae Muslims. The majority ofSouth African Indian Muslims, classified as "Asians" or "Asiatics," nowlive in Natal and Tramvaal. The third ethnically identifiable group, classifiedas "Aftican" or "Black," consists mainly of converts or theirdescendants. Of the entire South African Muslim population, roughly 49percent are "Coloreds," nearly 47 pement are "Asians," and, although statisticsregarding "Africans" ate generally unreliable, it is estimated thatthey are less than 4 percent. Less than 1 percent is "White."Contributions to South African SocietyAlthough Muslims make up less that 2 petcent of the total population,their presence is highly visible. There ate over twenty-five mosques inCape Town and over one hundred in Johannesburg, making minarets asfamiliar as church towers Many are histotic and/or architectuml monuments.More importantly, Muslims ate uniquely involved in the nation'scultwe and economy. The oldest extant Afrikaans-language manuscriptsare in the Arabic script, for they ate the work of Muslim slaves writingin the Dutch patois. South African historian Achrnat Davids has tracedmany linguistic elements of Afrikaans, both in vocabulary and grammar,to the influence of the Cape Muslims. Economically, the Indian Muslimsaxe the most affluent, owing primarily to the cirmmstances under whichthey came to South Africa. Muslim names on businesses and buildingsare a familiar sight in all major cities and on those UniveAty campusesthat non-Whites were allowed to attend during apartheid ...


1957 ◽  
Vol 14 (04) ◽  
pp. 348-368 ◽  
Author(s):  
H. E. de Smidt ◽  
H. Schermann ◽  
D. W. Williams ◽  
G. Rodger

The history of the actuarial profession in South Africa starts, as far as is known, during the last decade of the nineteenth century when three actuaries arrived in the Cape Colony from the United Kingdom. Two of these took up positions with the two South African life offices which were then in existence and the third became Government Actuary to the Cape Colony. By the time the Union of South Africa was established in 1910, four more actuaries had arrived from the United Kingdom, and a further four had arrived by 1920. Some of these gentlemen established permanent homes in this country, while others returned overseas after varying periods of time. It was no doubt due to these early beginnings that the actuarial homes of South African actuaries are today London and Edinburgh.The first South African-born actuary qualified as a Fellow of the Faculty in 1921, and since that time increasing numbers of South Africans have become qualified, mostly as Fellows of the Faculty.


Sexualities ◽  
2017 ◽  
Vol 21 (7) ◽  
pp. 1092-1108 ◽  
Author(s):  
Michael W Yarbrough

This article examines contemporary struggles over same-sex marriage in the daily lives of black lesbian- and gay-identified South Africans. Based primarily on 21 in-depth interviews with such South Africans drawn from a larger project on post-apartheid South African marriage, the author argues that their current struggles for relationship recognition share much in common with contemporaneous struggles of their heterosexual counterparts, and that these commonalities reflect ongoing tensions between more extended-family and more dyadic understandings of African marriage. The increasing influence of dyadic understandings of marriage, and of associated ideals of romantic love, has helped inspire same-sex marriage claims and, in many cases, facilitate their acceptance. At the same time, continuing contestation over such understandings helps drive instances of opposition.


2012 ◽  
Vol 11 (12) ◽  
pp. 1281 ◽  
Author(s):  
Lizelle Talbot ◽  
Sare Pienaar

South Africa, like many other countries, is struggling with raising levels of obesity and the resultant health problems. Furthermore, as elsewhere in the world, this country is experiencing an ever-increasing need for additional fiscal revenue. These problems force governments all over the world to investigate possible solutions to these issues. The aim of this study was to determine whether fat tax can be used as a tool to decrease the rising rate of obesity in South Africa and thus improve the general health of South Africans and to create additional tax revenue. Available literature was compared and critically analyzed in terms of South African conditions in order to determine whether fat tax should be considered as an alternative tax in South Africa. Cultural beliefs that see obesity as a sign of good health and prosperity, as well as the extreme poverty experienced by a large proportion of the populace are factors that make it difficult to compare the findings of studies conducted in the rest of the world to those of South African research. These are aspects that should be considered for further research. Fat tax has potential as an alternative tax in order to bring about behavioural change and create revenue; however, this should be done with careful consideration as to whether the benefits outweigh the cost of its implementation for the South African taxpayer.


2020 ◽  
pp. 1-22
Author(s):  
INAYA KHAN

Abstract This article examines the political impact of decolonization upon the South African community in Kenya in 1963. It stresses that the end of British rule in Kenya had different implications for different groups of South Africans in Kenya. The community has been broadly delineated into three groups. The first group is the Afrikaner farmers’ community in Kenya – a numerically small but economically strategic section of the white community which produced nearly 70 per cent of the country's wheat. The second includes those working for firms and with business interests in Nairobi, and the third includes those employed in the service of the crown. The three state actors, Britain, South Africa, and Kenya, consciously used this opportunity to define and reinforce their state ideology in opposition to one other in an intra-African theatre. South Africa attempted to establish itself as the preferred white man's dominion in Africa, while Kenya used it to entrench its anti-apartheid position whilst taking the stand that Afrikaners who renounced apartheid could stay on in Kenya. Britain prioritized the interests and demands of the British settlers in Kenya as well as its new comprehensive strategic alliance with the new Kenyan government, and made concessions to Afrikaners within this framework.


2014 ◽  
Vol 13 (2) ◽  
pp. 419
Author(s):  
Liza (ESM) Coetzee ◽  
Hanneke Du Preez ◽  
Aideen Maher

Like other countries in transitional democracies, South Africa is experiencing high levels of crime since its first democratic election in 1994. About 83 percent of South Africans believe that the South African Police Service is corrupt and citizens are losing faith in the government to protect them as promised in the Constitution. As a result citizens are paying a large portion of their disposable income on security expenses to protect themselves and their property. Currently no tax relief is available for non-trade related security expenditure, as stated by the South African Revenue Services in 2008 after a public outcry to allow private security expenses as a deduction. This paper urges government to revisit its decision made in 2008. Private security expenses have become a necessity in the daily lives of South Africans. This was demonstrated by surveying four of the largest private security companies in an area of Tshwane Metropolitan Municipality (previously called Pretoria), South Africa. The paper ends by proposing three possible ways of providing tax relief for private security expenses.


2019 ◽  
Author(s):  
Michael W. Yarbrough

This paper examines contemporary struggles over same-sex marriage in the daily lives of black lesbian- and gay-identified South Africans. Based primarily on 21 in-depth interviews with such South Africans drawn from a larger project on post-apartheid South African marriage, I argue that their current struggles for relationship recognition share much in common with contemporaneous struggles of their heterosexual counterparts, and that these commonalities reflect ongoing tensions between more extended-family and more dyadic understandings of African marriage. The increasing influence of dyadic understandings of marriage, and of associated ideals of romantic love, has helped inspire same-sex marriage claims and, in many cases, facilitate their acceptance. At the same time, continuing contestation over such understandings helps drive instances of opposition.


Afrika Focus ◽  
2018 ◽  
Vol 31 (2) ◽  
pp. 69-86
Author(s):  
Iain Low

The title and this essay, ‘Space and Transformation – the struggle for architecture in post-apartheid South Africa’ derive from the 2nd Annual Nelson Mandela Lecture delivered in Ghent in 2015. Its source as my topic is located in the intersection of three interrelated trajectories. The most obvious is the issue of my disciplinary grounding and the locus of intellectual thought, that of architecture and the complexity associated with the production of space, particularly under conditions of change. The other is the life work and philosophical teaching of this extraordinary man Nelson Rolihlahla Mandela and the third is the condition of the world, and South Africa in particular, as we experience it today at what appears to be this unique historic intersectional moment of globalization and expansive technological shift within our nations’ democratic emergence. The essay draws on texts derived from other disciplines, such as literature and philosophy, particularly those that have relevance to conditions of the South, but resorts to the spatial disciplining associated with design. In so doing it reflects on architectural projects produced during the first decades of democratic rule. Most of these projects fall within the realm of human settlement, and have been selected in order to demonstrate transformation relative to the lived reality of ordinary South Africans, especially those marginalised and dispossessed by apartheid legislation. A semi structured longitudinal analysis has been conducted so as to reflect on the relations between the agency of design and the instrumentation of architecture as practice in determining spatial transformation.


2007 ◽  
Vol 23 (2) ◽  
pp. 201-206 ◽  
Author(s):  
Surgeon Xolo

In dealing with this topic I will draw from my personal experience as a former disadvantaged gifted South African from the underdeveloped rural area in KwaZulu-Natal. I will commence my argument by stating that every child born in this world has some kind of gift which, if well developed, can benefit the community, the nation or even the world in general. However, I painfully but willingly accept that not everyone is mathematically gifted. Subsequently I will proceed to suggest things that can be done in order to help the gifted disadvantaged South Africans. This assistance will include motivation, career guidance, and different kinds of specialised intervention programs. Having pointed out all these factors, I will conclude by appealing to all concerned to help in the process of developing the potential of the gifted disadvantaged in South Africa.


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