scholarly journals The South African Defence Review (2012) and Private Military / Security Companies (PMSCs): Heralding a Shift from Prohibition to Regulation?

2017 ◽  
Vol 16 (4) ◽  
pp. 231
Author(s):  
Laurence Juma ◽  
James Tsabora
Keyword(s):  
South Africa ◽  
International Law ◽  
South African ◽  
Security Sector ◽  
Current State ◽  
Military Security ◽  
Recent Developments ◽  
Policy Direction ◽  
Domestic Law ◽  
Security Companies

This article discusses the possibility of South Africa enacting a new law regulating private military/security companies (PMSCs) beyond the Prohibition of Mercenary Activities and Regulation of Certain Activities in Country of Armed Conflict Act of 2006. It argues that such a possibility arises from the policy direction expressed in the Defence Review of 2012, and the recent developments at the international level, which indicate a shift towards accommodation of PMSCs as legitimate players in the security sector. The article surveys the current state of national and international law relating to PMSCs and illustrates how the emerging shift from prohibition to regulation has affirmed the need for legislative intervention in this field. It concludes that since the future is on the side of regulation and not prohibition, legislation that furthers the policy agenda envisioned by the Defence Review 2012 may be the best tool to unlock the inhibitions of the past and create a viable climate for reframing the debate on domestic law governing private militarism in South Africa.

Multinational Company Litigation

2021 ◽  
pp. 85-112
Author(s):  
Jason Brickhill ◽  
Zanele Mbuyisa
Keyword(s):  
South Africa ◽  
South African ◽  
Public Interest ◽  
Common Law ◽  
Access To Justice ◽  
Public Interest Litigation ◽  
Human Rights Abuses ◽  
Class Actions ◽  
Current State ◽  
Recent Developments

Jason Brickhill and Zanele Mbuyisa review the current state of play in South Africa in terms of the imposition of civil liability on multinationals for human rights abuses. They outline the rules on jurisdiction over claims by foreign claimants and corporations and potential causes of action under common law, statute, and the Constitution. Specific consideration is given to the potential influence on the development of South African law of recent English law decisions on parent company liability. By reference to the goldminers’ silicosis and the Kabwe lead poisoning cases, they highlight the value to victims of the relatively recent developments of class actions in South Africa and the rules on discovery and damages. In terms of access to justice, they consider the receptiveness of the judiciary to public interest litigation and the key provisions relating to prescription and costs and funding, including by litigation funders.

scholarly journals ANYONE FOR A GAME OF MONOPOLY™?* A CRITICAL EVALUATION OF THE EVERINCREASING COMMERCIALIZATION OF MAJOR SPORTING EVENTS PART 3: EXAMINING THE LEGITIMACY OF THE CREATION AND MAINTENANCE OF COMMERCIALLY-DRIVEN MONOPOLIES IN SPORTS EVENTS

Obiter ◽  
2021 ◽  
Vol 32 (1) ◽  
Author(s):  
Andre M Louw
Keyword(s):  
South Africa ◽  
South African ◽  
Critical Evaluation ◽  
Sporting Events ◽  
World Cup ◽  
Sports Events ◽  
Current State ◽  
Domestic Legislation ◽  
Recent Developments

This is the third and final part in a series of articles which examines the commercial monopoly in a major sports event such as the 2010 FIFA World Cup South Africa, and its protection against ambush marketing by means of (specifically) domestic legislation. This part will continue the evaluation of the role of relevant constitutional guarantees in terms of the South African Bill of Rights, will consider the justification for the protection of commercial rights to such events, will briefly examine recent developments elsewhere in respect of the development of a ‘sports event organiser’s right’, and includes a concluding section with some critical evaluation of the legitimacy of the current state of the law in this regard in South Africa (and elsewhere).

scholarly journals Dispute Settlement in Investment-Related Matters: South Africa and the BRICS

AJIL Unbound ◽  
2018 ◽  
Vol 112 ◽  
pp. 212-216
Author(s):  
Engela C. Schlemmer
Keyword(s):  
South Africa ◽  
International Law ◽  
South African ◽  
Dispute Settlement ◽  
Foreign Investors ◽  
Domestic Legislation ◽  
Domestic Courts ◽  
Investment Treaties ◽  
South African Constitution ◽  
Domestic Law

Many states use investment treaties to spur economic development by granting legal protections to foreign investors and providing for direct enforcement before international arbitral tribunals. Yet South Africa has taken a different course. As explained below, South Africa originally signed onto a number of investment treaties despite barely considering how the resulting obligations would affect its constitutional commitments and the authority of its domestic courts. After the shock of losing its first two treaty-based investment disputes, the country shifted from avidly entering into bilateral investment treaties (BITs) to opposing BITs absent compelling economic and political reasons to conclude them. Today South Africa seeks to replace investment treaties and investor-state arbitration with protections under domestic legislation, along with mediation and dispute resolution before domestic courts. In this essay, I describe this shift and explore three difficult and yet-to-be-resolved questions that it presents: (1) Will foreign investors still be able to rely on protections under international law when bringing domestic cases? (2) If so, will the South African Constitution, as a matter of domestic law, displace any relevant commitments under international law? And (3) is the new South African approach consistent with international law?

scholarly journals The Case of Government of the Republic of Zimbabwe v Louis Karel Fick: A First Step towards developing a Doctrine on the Status of International Judgments within the Domestic Legal Order

2017 ◽  
Vol 17 (1) ◽  
pp. 565
Author(s):  
Erika De Wet
Keyword(s):  
South Africa ◽  
International Law ◽  
South African ◽  
Common Law ◽  
Legal Order ◽  
Constitutional Court ◽  
The Status ◽  
The Common ◽  
Foreign Judgment ◽  
Domestic Law

The Fick case which was decided by the Constitutional Court on 27 June 2013 was the first time since its inception that the Constitutional Court was confronted with the status of a binding international decision within the domestic legal order. It concerned a binding decision by the (now suspended) Southern African Development Community (SADC) Tribunal against Zimbabwe, which was also enforceable in South Africa. A key issue before the Court was whether or not the South African statutory rules of civil procedure for the enforcement of foreign judgments also covered judgments of international courts and tribunals (as anticipated by Article 32(1) of the Protocol on the SADC Tribunal). As none of the relevant statutory legislation was applicable in this instance, the common law remained the only possible avenue through which the SADC Tribunal’s decision could be enforced in South Africa. At the time of the decision, the common law on the enforcement of civil judgments had developed only to a point where it provided for the execution of judgments made by domestic courts of a foreign state (ie decisions of other national courts). The Court was therefore confronted with whether or not an international decision in the form of a cost order of the SADC Tribunal amounted to a “foreign judgment” as recognized by the South African common law. The Court answered this question in the affirmative by relying on those clauses in the Constitution that committed South Africa to the rule of law, as well as its obligations under international law, and to an international-law friendly interpretation of domestic law. Although the decision is to be welcomed and applied the law correctly to the facts of the case, it does raise the issue of the wisdom of equating international judgments with foreign judgments on a more general scale. This relates to the fact that it is generally accepted in most jurisdictions that the recognition and enforcement of a “foreign judgment” can be denied where it would result in a violation of domestic public policy. The public policy exception does not, however, fit well in a regime based on public international law, which does not permit States to use their domestic law as an excuse for not implementing their international obligations.

An overview of the current state of interlibrary loans in South Africa

2015 ◽  
Vol 43 (2) ◽  
pp. 76-83
Author(s):  
Jenny Raubenheimer ◽  
John Stephen van Niekerk
Keyword(s):  
South Africa ◽  
South African ◽  
Information Provision ◽  
Literature Study ◽  
Content Type ◽  
Current Trends ◽  
Current State ◽  
Computer Library ◽  
Practical Implications ◽  
Essential Service

Purpose – The purpose of this paper is to review interlending development in South Africa and current trends in interlending. Design/methodology/approach – Literature study and survey. Findings – Interlending is still an essential service in South Africa. Interlending systems must be used effectively to ensure rapid delivery of requested interlibrary loans. There is a significant use of WorldShare ILL, but there is a scope for substantial development. Research limitations/implications – This is not a comprehensive study but focusses on current interlending activities at some of the larger South African academic and special libraries and the use of Online Computer Library Centre systems. Practical implications – The paper provides some historical information and the extent of current interlending and systems used. Social implications – The paper gives an indication of the value of interlending in South Africa and its contribution to information provision. Originality/value – The paper provides a snapshot of interlending in South Africa and areas for development.

Part 2 National and Regional Reports, Part 2.1 Africa: Coordinated by Jan L Neels and Eesa A Fredericks, 17 South Africa: South African Perspectives on the Hague Principles

2021 ◽  
Author(s):  
Neels Jan L
Keyword(s):  
South Africa ◽  
International Law ◽  
South African ◽  
Comparative Approach ◽  
Private International Law ◽  
Rules And Principles ◽  
The Hague ◽  
The Republic ◽  
Contractual Obligations ◽  
Academic Authors

This chapter provides the reader with comments on the Hague Principles from the perspective of South African private international law of contract.Private international law in the Republic of South Africa is historically based on Roman–Dutch and English law, but is today influenced by domestic constitutional values, especially in the fields of international family and succession law. In the realm of the international law of obligations, the impact of the English common law is particularly strong. The notion of ‘the proper law of the contract’ is therefore widely used to indicate the law applicable to contractual obligations. The sources of private international law of contract are almost exclusively case law and the opinions of academic authors. The South African courts have always followed a comparative approach in respect of private international law, initially under the influence of an internationalist understanding of the conflict of laws. The courts would therefore certainly be entitled to refer to the Hague Principles as persuasive authority in the interpretation, supplementation, and development of the rules and principles of South African private international law.

scholarly journals Consent, custom and international law in South Africa: What Australian lawmakers could learn

2019 ◽  
Vol 44 (3) ◽  
pp. 197-202
Author(s):  
Stephen Young
Keyword(s):  
South Africa ◽  
International Law ◽  
South African ◽  
Common Law ◽  
Mineral Resources ◽  
Bill Of Rights ◽  
Customary Laws ◽  
Traditional Communities

This article summarises a recent South African case, Baleni v Minister of Mineral Resources. It also analyses the Court’s reasoning to explore how a non-Australian common law state protects a traditional community’s customary laws and practices through legislation, a Constitutional Bill of Rights, and international law. Although a South African case, Baleni demonstrates how similar common law countries have adopted distinct approaches to protecting and treating traditional communities, from which Australian lawmakers could learn.

scholarly journals Resente Matteusnavorsing in Suid-Afrika

1994 ◽  
Vol 50 (1/2) ◽  
Author(s):  
H. J.B. Combrink
Keyword(s):  
South Africa ◽  
Literary Criticism ◽  
South African ◽  
Large Degree ◽  
Sermon On The Mount ◽  
The New Testament ◽  
Recent Developments ◽  
African Context ◽  
Social Scientific ◽  
Specific Contribution

Recent Matthean-research in South Africa This article deals with recent developments in Matthean research, mostly by members of the New Testament Society of South Africa. Initially, research on Matthew was influenced to a large degree by discourse analysis. Literary criticism and narratology also made an impact on this research, as well as speech-act theory, pragmatics and rhetoric. Social-scientific criticism also played a role, and the Sermon on the Mount has also been read as littérature engagée. Recently, the specific contribution of Matthew to the subjects of Theology and Ethics has also received attention. A growing sensitivity to the South African and the broader African context is also currently being seen..

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