scholarly journals Editorial

2017 ◽  
Vol 16 (4) ◽  
pp. 1
Author(s):  
Christa Rautenbach
Keyword(s):  
South Africa ◽  
South African ◽  
Trade Unions ◽  
Legal Status ◽  
Conservation Status ◽  
Access To Justice ◽  
Constitutional Court ◽  
Independent Contractor ◽  
North West ◽  
The Impact

This edition of PER consists of eight articles, four notes and two book reviews covering a range of topics. The first article is by Oliver Fuo, a postgraduate student of the North-West University (Potchefstroom Campus). His contribution deals with the status of executive policies and the basis for their judicial enforcement in a constitutional and socio-economic context. He demonstrates that "executive" policies may be perceived to have the force of law, especially where their enforcement may be imperative for the realisation of socio-economic rights. Secondly, Ig Rautenbach of the University of Johannesburg considers empirical data on the effectiveness of the Constitutional Court during the period 1995 to 2012. He focuses on the following three questions: "How did the cases reach the court", "why did the court refuse to consider some of them", and "how often did the court invalidate laws and actions". In the third article, Magda Slabbert and Hendrik Pienaar, follows a multi-disciplinary approach to discuss the legal position of the locum tenens that is often used by medical practitioners in private practice. They recommend that a locum tenens be appointed as an independent contractor rather than an employee, and argues that the onus to ensure that he or she is registered and fit to practice rests on the principal. The fourth article by Carika Keuler deals with the "pay now, argue later" rule in terms of the Tax Administration Act 28 of 2011. She is of the opinion that the Act fails to address the imbalance between the duties of the South African Revenue Services and the right of the taxpayer to access the courts. JC Knobel, the author of the fifth article, gives an overview of the conservation status of eagles in South Africa. He discusses the existing legal framework and makes a number of recommendations to improve their legal status. Two authors, Laurence Juma and James Tsabora, both from Rhodes University, discuss the possibility of South Africa enacting a new law regulating private military and/or security companies, which they refer to as PMSC's. The seventh article by Johan Kruger and Clarence Tshoose gives a South African perspective on the impact of the Labour Relations Act 66 of 1995 on minority trade unions. In the eight place, Dave Holness offers an analysis of compulsory "live client" clinical legal education as part of the LLB course as a means of improving access to justice for the indigent.

scholarly journals The Conservation Status of Eagles in South African Law

2017 ◽  
Vol 16 (4) ◽  
pp. 179
Author(s):  
J C Knobel
Keyword(s):  
South Africa ◽  
Protected Areas ◽  
South African ◽  
National Parks ◽  
Legal Status ◽  
Conservation Status ◽  
Legal Protection ◽  
Environmental Research ◽  
Birds Of Prey ◽  
Legal Provisions

This contribution is an introductory survey and preliminary evaluation of the conservation status of eagles in South African law. The methodology is primarily an interdisciplinary literature study of legal texts and texts from the natural sciences. Eagles are some of the largest and most powerful avian predators, and the human response to their presence is dualistic and polarised. At the one extreme, many people admire eagles, while at the other extreme they are perceived as a threat to economic and other interests, and may even be actively persecuted in a conviction that they are vermin. This duality in the human perception of eagles is also prevalent in South Africa and complicates their conservation. The mobility of eagles and other birds of prey means that they cannot be restrained by fencing national parks and other protected areas, and this heightens the likelihood of their entering into conflict with human interests. The conservation problems faced by eagles in South Africa can broadly be divided into direct and indirect threats. Direct threats include the intentional killing of eagles, and trade in eagles and their eggs. Indirect threats include non-targeted poisoning (where poisoned bait is used to control other predators, but eagles find the bait, feed on it, and succumb); habitat loss; mortality induced by dangerous structures; and disturbance. The legal status of eagles is influenced by a large body of legislative provisions, ranging from international and regional legal instruments, through national legislation, to provincial legislative measures. An overview of these provisions is given, with concise explanations of how they apply to the legal status of eagles and other birds of prey in South Africa. The conservation status of eagles in South African law is subsequently evaluated by considering the contribution of the applicable laws to three main types of conservation interventions. In respect of the first, habitat preservation, the relevant legal provisions contribute to an impressive array of conserved habitats in national parks and other protected areas. However, the mobility of eagles, and the fact that some species occur mainly outside protected areas, make it imperative for eagles also to be afforded legal protection outside of protected areas. In respect of the second type of intervention, namely management activities to conserve the species in their habitats, an inquiry is made into how the law addresses the threats of the intentional killing of eagles; trade in eagles and their eggs; non-targeted poisoning; mortality induced by dangerous structures; and disturbance. The protection is found to be sound in principle. In respect of the third and most intensive intervention, captive breeding, a regulatory framework is in place, but no such intervention on eagle species is known to be operative in South Africa. In conclusion a number of recommendations are made. The existing laws can be improved by aligning the legal status of species with their Red List status; listing all bird of prey species that are not Critically Endangered, Endangered, or Vulnerable, as Protected for the purpose of national environmental legislation; and, in the medium rather than the short term, considering the imposition of legal obligations on electricity suppliers to implement measures that will mitigate mortalities on electricity structures. Better application of the existing laws could be achieved by improving compliance and enforcement, and by facilitating the optimal use of Biodiversity Management Plans, environmental research, and environmental education.

scholarly journals The Impact of the National Credit Act 34 of 2005 on the Enforcement of a Mortgage Bond: Sebola v Standard Bank of South Africa Ltd 2012 5 SA 142 (CC)

2017 ◽  
Vol 16 (3) ◽  
pp. 376 ◽  
Author(s):  
Michelle MM Fuchs
Keyword(s):  
South Africa ◽  
South African ◽  
Constitutional Court ◽  
Post Office ◽  
The South ◽  
Reasonable Approach ◽  
Credit Agreement ◽  
The Impact ◽  
National Credit Act

                        When a mortgagor is in default and the mortgagee wants to enforce the debt the National Credit Act (hereafter the NCA) may apply. A credit agreement may be enforced in court by a credit provider against a defaulting debtor only once the requirements of sections 129 and 130 of the NCA have been adhered to. If a mortgagor (who is a protected consumer in terms of the NCA) is in default, the mortgagee must deliver a section 129(1) notice to the consumer, thereby drawing the default to the attention of the consumer. For a number of years there has been uncertainty about the interpretation of section 129(1) and how it affects the execution procedure in the case of a mortgage bond over immovable property. The recent Constitutional Court judgment of Sebola v Standard Bank 2012 5 SA 142 (CC) overturns, to my mind, the more reasonable approach to such notices in Rossouw v Firstrand Bank Ltd (2010 6 SA 439 (SCA)). It was held in Sebola that before instituting action against a defaulting consumer, a credit provider must provide proof to the court that a section 129(1) notice of default (i) has been despatched to the consumer's chosen address and (ii) that the notice reached the appropriate post office for delivery to the consumer, thereby coming to the attention of the consumer.  In practical terms the credit provider must obtain a post-dispatch "track and trace" print-out from the website of the South African Post Office. There is now a much heavier burden on a bank to ensure that proper proof is provided that the notice was sent and delivered to the correct address. Consequently it places another hurdle in the path of a mortgagee who wishes to foreclose.

The first records of Polygala westii (Polygalaceae) for South Africa (North-West Province) and a key to the southern African Polygala species in the Section Tetrasepalae

Phytotaxa ◽  
2015 ◽  
Vol 202 (3) ◽  
pp. 198
Author(s):  
Stoffel Petrus Bester ◽  
Jorge Paiva
Keyword(s):  
South Africa ◽  
South African ◽  
Conservation Status ◽  
First Record ◽  
The South ◽  
Preliminary Assessment ◽  
African Species ◽  
North West ◽  
The North ◽  
North West Province

The first record of Polygala westii (Polygalaceae) from the North-West Province (South Africa) is reported on here. The species is very rare and has previously only been collected in two separate gatherings. This species is characterised by having bracts and bracteoles caducous, the anterior sepals connate at least as much as half of their length and seeds pubescent and carunculate. It grows in a habitat that are severely impacted by agriculture and mining. A preliminary assessment of its conservation status is given. A key to the South African species in the subsection (Tetrasepalae) to which P. westii belong is provided. The aim of this paper is to highlight the species in order to stimulate the lookout for more material of this species.

scholarly journals On the record with Judge Jody Kollapen

2019 ◽  
pp. 53-56
Author(s):  
Nontsasa Nako
Keyword(s):  
South Africa ◽  
Human Rights ◽  
South African ◽  
Constitutional Court ◽  
Industrial Complex ◽  
The South ◽  
State Repression ◽  
Crime And Punishment ◽  
Democratic State ◽  
The Impact

With the revelations by Bosasa officials at the State Capture Enquiry, held in early 2019, laying bare the corrupt links between prisons, detention centres and border control, and high ranking political and government officials, the time is ripe to excavate the capitalist interests that fuel incarceration in this country. How did the prison industrial complex overtake the lofty principles that ushered in the South African democratic era? Judge Jody Kollapen is well-placed to speak to about the evolution of the South African prison from a colonial institute that served to criminalise and dominate 'natives', to its utility as instrument of state repression under apartheid, to its present manifestation in the democratic era. He has laboured at the coalface of apartheid crime and punishment through his work as an attorney in the Delmas Treason Trial, and  for the Sharpeville Six, and also worked as a member of Lawyers for Human Rights, where he coordinated the 'Release Political Prisoners' programme, Importantly, Justice Kollapen had a ringside seat at the theatre of our transition from apartheid to democracy as he was part of the selection panel that chose the commissioners for the Truth and Reconciliation Commission (TRC). Many questions can be asked of the South African TRC including whether it was the best mechanism to deal with the past and whether it achieved reconciliation. What concerns us here is its impact on crime and punishment in the democratic era. If our transition was premised on restorative justice, then shouldn’t that be the guiding principle for the emerging democratic state?  In line with this special edition’s focus on the impact of incarceration on the marginalized and vulnerable, Judge Kollapen shares some insights on how the prison has fared in democratic South Africa, and how imprisonment affects communities across the country. As an Acting Judge in the Constitutional Court, a practitioner with a long history of civic engagement, and someone who has thought and written about criminalization, human rights and prisons, Judge Kollapen helps us to think about what decolonization entails for prisons in South Africa.

Some Reflections on Reparation in Post-Apartheid South Africa, using a Couple Therapy Intervention as a Microcosm of South African Society

2011 ◽  
Vol 1 (2) ◽  
Author(s):  
Andrea Hill ◽  
Sylvia Poss
Keyword(s):  
South Africa ◽  
South African ◽  
Couple Therapy ◽  
South African Society ◽  
Depressive Position ◽  
Central Hypothesis ◽  
Transference And Countertransference ◽  
Constructive Engagement ◽  
The Impact ◽  
Therapy Intervention

The paper addresses the question of reparation in post-apartheid South Africa. The central hypothesis of the paper is that in South Africa current traumas or losses, such as the 2008 xenophobic attacks, may activate a ‘shared unconscious phantasy’ of irreparable damage inflicted by apartheid on the collective psyche of the South African nation which could block constructive engagement and healing. A brief couple therapy intervention by a white therapist with a black couple is used as a ‘microcosm’ to explore this question. The impact of an extreme current loss, when earlier losses have been sustained, is explored. Additionally, the impact of racial difference on the transference and countertransference between the therapist and the couple is explored to illustrate factors complicating the productive grieving and working through of the depressive position towards reparation.

The impact of climate temperature on counts, recovery, and death rates due to SARS-CoV-2 in South Africa. (Preprint)

2020 ◽  
Author(s):  
Neven Chetty ◽  
Bamise Adeleye ◽  
Abiola Olawale Ilori
Keyword(s):  
South Africa ◽  
South African ◽  
Death Rate ◽  
Western Cape ◽  
Warm Climate ◽  
The South ◽  
Recovery Rates ◽  
Death Rates ◽  
Online Resource ◽  
The Impact

BACKGROUND The impact of climate temperature on the counts (number of positive COVID-19 cases reported), recovery, and death rates of COVID-19 cases in South Africa's nine provinces was investigated. The data for confirmed cases of COVID-19 were collected for March 25 and June 30, 2020 (14 weeks) from South Africa's Government COVID-19 online resource, while the daily provincial climate temperatures were collected from the website of the South African Weather Service. Our result indicates that a higher or lower climate temperature does not prevent or delay the spread and death rates but shows significant positive impacts on the recovery rates of COVID-19 patients. Thus, it indicates that the climate temperature is unlikely to impose a strict limit on the spread of COVID-19. There is no correlation between the cases and death rates, an indicator that no particular temperature range is closely associated with a faster or slower death rate of COVID-19 patients. As evidence from our study, a warm climate temperature can only increase the recovery rate of COVID-19 patients, ultimately impacting the death and active case rates and freeing up resources quicker to enable health facilities to deal with those patients' climbing rates who need treatment. OBJECTIVE This study aims to investigate the impact of climate temperature variation on the counts, recovery, and death rates of COVID-19 cases in all South Africa's provinces. The findings were compared with those of countries with comparable climate temperature values. METHODS The data for confirmed cases of COVID-19 were collected for March 25 and June 30 (14 weeks) for South African provinces, including daily counts, death, and recovery rates. The dates were grouped into two, wherein weeks 1-5 represent the periods of total lockdown to contain the spread of COVID-19 in South Africa. Weeks 6-14 are periods where the lockdown was eased to various levels 4 and 3. The daily information of COVID-19 count, death, and recovery was obtained from South Africa's Government COVID-19 online resource (https://sacoronavirus.co.za). Daily provincial climate temperatures were collected from the website of the South African Weather Service (https://www.weathersa.co.za). The provinces of South Africa are Eastern Cape, Western Cape, Northern Cape, Limpopo, Northwest, Mpumalanga, Free State, KwaZulu-Natal, Western Cape, and Gauteng. Weekly consideration was given to the daily climate temperature (average minimum and maximum). The recorded values were considered, respectively, to be in the ratio of death-to-count (D/C) and recovery-to-count (R/C). Descriptive statistics were performed for all the data collected for this study. The analyses were performed using the Person’s bivariate correlation to analyze the association between climate temperature, death-to-count, and recovery-to-count ratios of COVID-19. RESULTS The results showed that higher climate temperatures aren't essential to avoid the COVID-19 from being spread. The present results conform to the reports that suggested that COVID-19 is unlike the seasonal flu, which does dissipate as the climate temperature rises [17]. Accordingly, the ratio of counts and death-to-count cannot be concluded to be influenced by variations in the climate temperatures within the study areas. CONCLUSIONS The study investigates the impact of climate temperature on the counts, recovery, and death rates of COVID-19 cases in all South Africa's provinces. The findings were compared with those of countries with comparable climate temperatures as South Africa. Our result indicates that a higher or lower climate temperature does not prevent or delay the spread and death rates but shows significant positive impacts on the recovery rates of COVID-19 patients. Warm climate temperatures seem not to restrict the spread of the COVID-19 as the count rate was substantial at every climate temperatures. Thus, it indicates that the climate temperature is unlikely to impose a strict limit on the spread of COVID-19. There is no correlation between the cases and death rates, an indicator that there is no particular temperature range of the climatic conditions closely associated with a faster or slower death rate of COVID-19 patients. However, other shortcomings in this study's process should not be ignored. Some other factors may have contributed to recovery rates, such as the South African government's timely intervention to announce a national lockout at the early stage of the outbreak, the availability of intensive medical care, and social distancing effects. Nevertheless, this study shows that a warm climate temperature can only help COVID-19 patients recover more quickly, thereby having huge impacts on the death and active case rates.

scholarly journals Exploring sustainability potentials in vineyards through LCA? Evidence from farming practices in South Africa

2021 ◽  
Author(s):  
V. Russo ◽  
A. E. Strever ◽  
H. J. Ponstein
Keyword(s):  
South Africa ◽  
Life Cycle Assessment ◽  
Life Cycle ◽  
Human Health ◽  
South African ◽  
Wine Grape ◽  
Impact Categories ◽  
Farming Practices ◽  
Manual Labour ◽  
The Impact

Abstract Purpose Following the urgency to curb environmental impacts across all sectors globally, this is the first life cycle assessment of different wine grape farming practices suitable for commercial conventional production in South Africa, aiming at better understanding the potentials to reduce adverse effects on the environment and on human health. Methods An attributional life cycle assessment was conducted on eight different scenarios that reduce the inputs of herbicides and insecticides compared against a business as usual (BAU) scenario. We assess several impact categories based on ReCiPe, namely global warming potential, terrestrial acidification, freshwater eutrophication, terrestrial toxicity, freshwater toxicity, marine toxicity, human carcinogenic toxicity and human non-carcinogenic toxicity, human health and ecosystems. A water footprint assessment based on the AWARE method accounts for potential impacts within the watershed. Results and discussion Results show that in our impact assessment, more sustainable farming practices do not always outperform the BAU scenario, which relies on synthetic fertiliser and agrochemicals. As a main trend, most of the impact categories were dominated by energy requirements of wine grape production in an irrigated vineyard, namely the usage of electricity for irrigation pumps and diesel for agricultural machinery. The most favourable scenario across the impact categories provided a low diesel usage, strongly reduced herbicides and the absence of insecticides as it applied cover crops and an integrated pest management. Pesticides and heavy metals contained in agrochemicals are the main contributors to emissions to soil that affected the toxicity categories and impose a risk on human health, which is particularly relevant for the manual labour-intensive South African wine sector. However, we suggest that impacts of agrochemicals on human health and the environment are undervalued in the assessment. The 70% reduction of toxic agrochemicals such as Glyphosate and Paraquat and the 100% reduction of Chlorpyriphos in vineyards hardly affected the model results for human and ecotoxicity. Our concerns are magnified by the fact that manual labour plays a substantial role in South African vineyards, increasing the exposure of humans to these toxic chemicals at their workplace. Conclusions A more sustainable wine grape production is possible when shifting to integrated grape production practices that reduce the inputs of agrochemicals. Further, improved water and related electricity management through drip irrigation, deficit irrigation and photovoltaic-powered irrigation is recommendable, relieving stress on local water bodies, enhancing drought-preparedness planning and curbing CO2 emissions embodied in products.

Stability and Governability the Benign Effects of Party Dominance in South Africa

2020 ◽  
Vol 13 (1) ◽  
pp. 56-75
Author(s):  
Ainara Mancebo
Keyword(s):  
South Africa ◽  
South African ◽  
Trade Unions ◽  
African National Congress ◽  
The Other ◽  
Democratic Transitions ◽  
African Countries ◽  
National Congress ◽  
Independence Era ◽  
Party Dominance

A tripartite alliance formed by the African National Congress, the South African Communist Party and the Congress of South African Trade Unions has been ruling the country with wide parliamentarian majorities. The country remains more consensual and politically inclusive than any of the other African countries in the post-independence era. This article examines three performance’s aspects of the party dominance systems: legitimacy, stability and violence. As we are living in a period in which an unprecedented number of countries have completed democratic transitions, it is politically and conceptually important that we understand the specific tasks of crafting democratic consolidation.

scholarly journals HIV Risks in Sexual Networks of Heterosexual Men in South Africa

2019 ◽  
Vol 11 (13) ◽  
pp. 146
Author(s):  
Nonzwakazi P Ntombela ◽  
Tivani P Mashamba-Thompson ◽  
Andile N Mtshali ◽  
Desmond Kuupiel ◽  
Ayesha BM Kharsany
Keyword(s):  
South Africa ◽  
Hiv Infection ◽  
South African ◽  
Heterosexual Men ◽  
Sexual Networks ◽  
Design Development ◽  
Sexual Partnerships ◽  
Hiv Risks ◽  
Prevention Interventions ◽  
The Impact

BACKGROUND: The interaction of HIV risks in sexual networks remains unclear in South Africa. We provide an overview of the dynamics of HIV risks in South African men through a systematic scoping review. METHODS & ANALYSIS: Literature searches were conducted on seven online databases. Two reviewers independently screened articles against the inclusion criteria and performed a Kappa coefficient test to evaluate the degree of agreement on article selection. Thematic content analysis and a Mixed Method Appraisal Tool version 2018 were used to present the narrative account of the outcomes and to assess the risk of bias on included studies. RESULTS: Of the 1356 records identified, six studies reported on the dynamics of HIV infection in heterosexual men in sexual networks. All studies that were included were published between 2006 and 2016. The participants were aged 13 years and above and comprised of sero-discordant couples, HIV patients, and male and female in the general population. These studies were conducted in multiple diverse regions including South Africa, Senegal, Uganda, Malawi, Kenya, Tanzania, Botswana and Zambia. Evidence showed that age and sexual partnerships were most commonly identified attributes to either HIV infection and/or transmission risks in men. While other biological and behavioral data were reported, the results were not specific to men. DISCUSSION: The impact of age and sexual partnerships are poorly understood and the data available limit inferences to South African men. Limited empiric evidence of HIV risk among men impacts on the design, development and tailoring of HIV prevention interventions to alter the trajectory.

scholarly journals Book Review: Andrew Faull and Sindiso Mnisi Weeks

2018 ◽  
pp. 55-60
Author(s):  
Bill (William) Dixon
Keyword(s):  
South Africa ◽  
South African ◽  
Human Security ◽  
Police Work ◽  
Access To Justice ◽  
Rural South ◽  
Cultural Contradictions ◽  
Rural South Africa

Review of: Andrew Faull, Police Work and Identity: A South African Ethnography, Abingdon, Routledge, 2018 ISBN: 978-1-138-23329-4 Sindiso Mnisi Weeks, Access to Justice and Human Security: Cultural Contradictions in Rural South Africa, Abingdon, Routledge, 2018 ISBN: 978-1-138-57860-9

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