scholarly journals Editorial

2015 ◽  
Vol 18 (7) ◽  
pp. 0-0
Author(s):  
Christa Rautenbach
Keyword(s):  
South Africa ◽  
South African ◽  
Unemployment Insurance ◽  
Sex Offender ◽  
Legal Protection ◽  
The United States ◽  
Common Species ◽  
Road Accident ◽  
Criminal Court ◽  
The South

The last general issue of 2016 boasts 11 contributions dealing with a variety of issues. Chrizell Chürr compares some of the challenges experienced in the South African educational system with the situation in the German system to propose alternatives for South Africa. Deon Erasmus and Angus Hornigold discuss the emergence of a different kind of model of litigation in South African law, which they refer to as "court supervised institutional transformation". They also investigate the feasibility of importing something like the American special master into South African law to assist with the implementation of court sentences. Wian Erlank's first contribution re-evaluates traditional conceptualisations of property rights in space, especially against the background of objects that are deemed to be res nullius (things belonging to nobody) as well as the theory of terra nullius (land belonging to nobody). Wian Erlank's second contribution also deals with property but this time he deliberates on the relevance and meaning of virtual property in modern society. Evode Kayitana moves further abroad to the International Criminal Court (ICC) and the question of whether and to what extent foreign State officials can plead immunity when they are accused of international crimes before South African courts. Drawing an analogy with the American Bald and Golden Eagle Protection Act of 1940, Johann Knobel argues in favour of extending the legal protection afforded to rare bird species to more common species to prevent the use of the excuse that a protected species was mistaken as a common species and therefore mistakenly killed. Tumo Maloka two high court cases which dealt with the question whether a person with previous convictions could be considered a "fit and proper person" to be admitted to the roll of attorneys. Lindiwe Maqutu charts the narrative of judicial influence on the diminishing credibility of the National Prosecuting Authority, using selected cases from the past, including those involving the South African president, Jacob Zuma. Nina Mollema gives a comparative narrative of sex offender registration in South Africa, the United States and the United Kingdom and comes to the conclusion that a sex offender register would not necessarily prevent the commission of sexual offences in South Africa. Marius Olivier and Avinash Govindjee reflect on the shortcomings and deficiencies of the proposed amendments to the Unemployment Insurance Act 63 of 2001, introduced via the provisions of the Unemployment Insurance Amendment Bill of 2015. Riette du Plessis reviews the appropriateness of some of the assessment models available in Clinical Legal Education courses within a South African environment and, finally, Sarah Fick and Paul van der Merwe critique the interpretation of the "cap provision" in section 17(4)(c) of the Road Accident Fund Act 56 of 1998 in Road Accident Fund v Sweatman (162/2014) [2015] ZASCA 22 (20 March 2015).      

Extending Death Benefits to Cohabitants under Section 37C of the South African Pension Funds Act: Hlathi v University of Fort Hare Retirement Fund

2012 ◽  
Vol 56 (2) ◽  
pp. 296-306
Author(s):  
Ntombizozuko Dyani
Keyword(s):  
South Africa ◽  
South African ◽  
Legal Protection ◽  
Pension Funds ◽  
Bill Of Rights ◽  
The South ◽  
Retirement Fund ◽  
University Of Fort Hare

AbstractCohabitation is left largely unregulated in South Africa, which means that many cohabitants are left destitute or financially worse off when their cohabiting partners die. The Pension Funds Act 24 of 1956, in particular section 37C, is one of the few pieces of legislation that afford legal protection to cohabitants who are left financially worse off due to the death of their partners. However, three previous pension funds adjudicators gave different views as to how to interpret this provision. This note seeks to compare three decisions by three different adjudicators and concludes that the latest decision in Hlathi is the most preferred, because it interprets section 37C progressively, taking into account the spirit, purport and objects of the Bill of Rights.

scholarly journals First Report of Leaf Rust of Blueberry Caused by Thekopsora minima on Vaccinium corymbosum in the Western Cape, South Africa

Plant Disease ◽  
2010 ◽  
Vol 94 (4) ◽  
pp. 478-478 ◽  
Author(s):  
L. Mostert ◽  
W. Bester ◽  
T. Jensen ◽  
S. Coertze ◽  
A. van Hoorn ◽  
...  
Keyword(s):  
South Africa ◽  
South African ◽  
Water Solution ◽  
Phylogenetic Analyses ◽  
The United States ◽  
Vaccinium Corymbosum ◽  
Tween 20 ◽  
Western Cape ◽  
The South ◽  
First Report

Southern highbush blueberry plants (Vaccinium corymbosum interspecific hybrids) showing rust-like symptoms were observed in July 2006 in Porterville in the Western Cape (WC), South Africa. Diseased plants were also found in Villiersdorp and George in the WC in 2007. In 2008, symptoms were observed in George, and in 2009, in all the previous reported areas. Cvs. Bluecrisp, Emerald, Jewel, Sharpblue, and Star were infected. Reddish-to-brown spots appeared on the adaxial surface of leaves and developed into yellow-to-orange erumpent uredinia with pulverulent urediniospores. Uredinia were hypophyllous, dome shaped, 113 to 750 μm wide, and occasionally coalescing. Urediniospores were broadly obovate, sometimes ellipsoidal or pyriform, with yellowish orange content, and measured 19 to 27 × 12 to 20 μm (average 24 × 15 μm, n = 30). Spore walls were echinulate, hyaline, 1 to 1.5 μm thick, and with obscure germ pores. No telia or teliospores were observed. Voucher specimens were lodged in the South African National Fungus Collection in Pretoria (PREM 60245). The isolate was initially identified as Thekopsora minima P. Syd. & Syd., based primarily on the absence of conspicuous ostiolar cells characteristic of Naohidemyces spp. (3). Genomic DNA was extracted from urediniospores. Approximately 1,400 bp were amplified spanning the 5.8S, ITS2, and 28S large subunit of the ribosomal DNA (1). The sequence (GU355675) shared 96% (907 of 942 bp; GenBank AF522180) and 94% (1,014 of 1,047 bp; GenBank DQ354563) similarities in the 28S portion, respectively, to those of Naohidemyces vaccinii (Wint.) Sato, Katsuya et Y. Hiratsuka and Pucciniastrum geoppertianum (Kuehn) Kleb, two of the three known rust species of blueberry (2). Although no sequences of T. minima were available for direct comparison, phylogenetic analyses of the 28S region strongly supported the South African blueberry rust as congeneric with T. guttata (J. Schröt.) P. Syd. & Syd. (GenBank AF426231) and T. symphyti (Bubák) Berndt (GenBank AF26230) (data not shown). Four 6-month-old cv. Sharpblue plants were inoculated with a suspension (approximate final concentration of 1 × 105 spores per ml) of fresh urediniospores in a water solution with 0.05% Tween 20. After incubation at 20°C for 48 h under continuous fluorescent lighting, the plants were grown in a glasshouse (18/25°C night/day temperatures). Identical uredinia and symptoms developed approximately 3 weeks after inoculation on the inoculated plants, but not on two control plants of cv. Sharpblue sprayed with distilled water and kept at the same conditions. The alternate host hemlock (Tsuga spp.) is not endemic to South Africa and not sold as an ornamental plant according to a large conifer nursery. Hosts of T. minima include Gaylussacia baccata, G. frondosa, Lyonia neziki, Menziesia pilosa, Rhododendron canadense, R. canescens, R. lutescens R. ponticum, R. prunifolium, R. viscosum, V. angustifolium var. laevifolium, V. corumbosum, and V. erythrocarpon (3). Visual inspection of possible hosts in the gardens in close proximity of Vaccinium production areas did not show any rust symptoms. To our knowledge, this is the first report of T. minima on blueberries outside of Asia and the United States (2). References: (1) M. C. Aime. Mycoscience 47:112, 2006. (2) D. F. Farr and A. Y. Rossman. Fungal Databases. Systematic Botany and Mycology Laboratory. Online publication. USDA-ARS, 2009. (3) S. Sato et al. Trans. Mycol. Soc. Jpn. 34:47, 1993.

South Africa and the Antarctic, 1920–1960

Polar Record ◽  
1996 ◽  
Vol 32 (180) ◽  
pp. 25-42 ◽  
Author(s):  
Klaus J. Dodds
Keyword(s):  
South Africa ◽  
South African ◽  
African State ◽  
The United States ◽  
The South ◽  
African Government ◽  
Determining Factors ◽  
Antarctic Continent ◽  
Antarctic Treaty ◽  
The Antarctic

AbstractThe South African state has never made a formal claim to the Antarctic continent. In the inter-war period, the South African government prepared a number of memorandums and discussion papers on the subject of a ‘South African sector in the Antarctic.’ This paper not only critically interprets those government papers, but, more importantly, assesses the reasons why South Africa never made a formal claim. It is suggested that relations with Britain and the Empire, as well as the activities of Norway and the United States, were crucial determining factors. Finally, the implications for later South African involvement in the South Atlantic and the Antarctic Treaty System are briefly considered.

Apartheid's Bomb and Regional Liberation: Cold War Perspectives

2019 ◽  
Vol 21 (1) ◽  
pp. 151-165
Author(s):  
Anna-Mart van Wyk
Keyword(s):  
South Africa ◽  
Cold War ◽  
South African ◽  
Southern Africa ◽  
Nuclear Weapons ◽  
The United States ◽  
African National Congress ◽  
The South ◽  
Nuclear Arsenal ◽  
The Cold War

South Africa had a small, highly classified nuclear weapons program that produced a small but potent nuclear arsenal. At the end of the 1980s, as South Africa was nearing a transition to black majority rule, the South African government destroyed its nuclear arsenal and its research facilities connected with nuclear armaments and ballistic missiles. This article, based on archival research in the United States and South Africa, shows that the South African nuclear weapons program has to be understood in the context of the Cold War battlefield that southern Africa became in the mid-1970s. The article illuminates the complex U.S.–South African relationship and explains why the apartheid government in Pretoria sought nuclear weapons as a deterrent in the face of extensive Soviet-bloc aid to black liberation movements in southern Africa, the escalating conflict with Cuban forces and Soviet-backed guerrillas on Namibia's northern frontier, and the attacks waged by the African National Congress from exile. A clear link can be drawn between the apartheid government's quest for a nuclear deterrent, liberation in southern Africa, and the Cold War.

scholarly journals A pairwise unit-root-test based approach to investigating convergence of household debts in South Africa and the United States

2015 ◽  
Vol 4 (2) ◽  
pp. 141-147
Author(s):  
Ntebogang Dinah Moroke
Keyword(s):  
United States ◽  
South Africa ◽  
South African ◽  
Unit Root ◽  
Unit Root Test ◽  
The United States ◽  
Unit Root Tests ◽  
The South ◽  
Absolute Value ◽  
Catching Up

The purpose of this paper was to test convergence of household debts in the United States and South Africa taking a pairwise unit root tests based approaches into account. Substantial number of studies dealt with convergence of several macroeconomic variables but to my knowledge no study considered this subject with respect to household debts of the identified countries. Quarterly data on household debts consisting of 88 observations in the South Africa and United States spanning the period 1990 to 2013 was collected from the South African and St. Louis Federal Reserve Banks. Focused on the absolute value of household debts, this study proved that South Africa is far from catching-up with the United States in terms of overcoming household debts for the selected period. The findings of this study can be used by relevant authorities to help improve ways and means of dealing with household debts South Africa.

The United States and South Africa: Human Investment

1987 ◽  
Vol 16 (1) ◽  
pp. 24-29
Author(s):  
Aaron Segal
Keyword(s):  
South Africa ◽  
South African ◽  
New South ◽  
The United States ◽  
South African Government ◽  
The South ◽  
African Government ◽  
South Africans ◽  
Constructive Engagement ◽  
And Training

The impassioned debate between those who support sanctions in order to bring about change in South Africa and those who favor “constructive engagement” misses the point. Each side assumes that the problem is to exercise U.S. leverage and pressure on the South African government. It is not. Instead the opportunity is for the U.S. to assist in human investment to help South Africans to acquire the education, skills and training to build their own future. Pressure may or may not contribute to the South African government changing its policies and practices. Investment in human resources has a more reliable payoff in terms of individuals capable of participating in building a new South Africa.

South Africa

2014 ◽  
Author(s):  
Vipin Narang
Keyword(s):  
United States ◽  
South Africa ◽  
South African ◽  
Nuclear Power ◽  
Prime Minister ◽  
Power Optimization ◽  
Optimization Theory ◽  
The United States ◽  
The South ◽  
The Face

This chapter traces South Africa's nuclear posture—how it intended to operationalize and use its six nuclear devices—and explores the sources of that particular strategy. Since 1978, in a very explicit strategy statement outlined by Prime Minister P. W. Botha who held the reins of the South African program for its duration, South Africa clearly envisioned and operationalized a catalytic nuclear posture designed to draw in Western—particularly American—assistance in the event of an overwhelming Soviet or Cuban-backed conventional threat to South Africa through Angola, Namibia, or Mozambique. Given the risk of additional sanctions and isolation if South Africa became an open nuclear power, optimization theory predicts that South Africa would adopt a catalytic posture if it believed it could successfully compel the United States to intervene on its behalf in the face of a severe threat.

The American Consensus on South Africa

Worldview ◽  
1979 ◽  
Vol 22 (10) ◽  
pp. 12-16
Author(s):  
James E. Baker ◽  
John de St. Jorre ◽  
J. Daniel O'Flaherty
Keyword(s):  
United States ◽  
South Africa ◽  
Foreign Policy ◽  
South African ◽  
The United States ◽  
The South ◽  
Political Will ◽  
Policy Community

There is a clear consensus in the foreign policy community that the United States should exert pressure on the South African regime to change its domestic racial policies. This is striking because it coexists with a feeling that, in the wake of Vietnam, the United States possesses neither the domestic political will nor the practical ability to determine events in other countries. Why then should South Africa be viewed as an exception? What is at stake for the United States in South Africa that would warrant an effort to affect the course of events there?

Walmart in South Africa: Precarious Labor and Retail Expansion

2014 ◽  
Vol 86 ◽  
pp. 173-177
Author(s):  
Bridget Kenny
Keyword(s):  
United States ◽  
South Africa ◽  
South African ◽  
The United States ◽  
The South ◽  
Food Retailer ◽  
Competition Commission ◽  
Do It Yourself ◽  
Precarious Labor

In 2011 Walmart's bid to buy a controlling stake in South Africa's Massmart Holdings, Inc. went before the country's Competition Commission and Competition Tribunal, both of which would determine whether to grant the merger outright or to place conditions on it. Massmart Holdings comprises a number of branded subsidiaries in the South African market, including Walmart-style general merchandise dealers, electronics retailers, do-it-yourself building suppliers, and food wholesalers—Game, Dion, Builder's Warehouse, and Makro, respectively—as well as the more recently acquired food retailer, Cambridge Food. South African unions, most prominently the South African Commercial, Catering and Allied Workers Union (Saccawu), with support from the Global Union Federation UNI Global and, in the United States, the United Food and Commercial Workers, fought the merger.

scholarly journals The admissibility of criminal findings in civil matters: Re-evaluating the Hollington judgment

De Jure ◽  
2021 ◽  
Vol 54 ◽  
Author(s):  
Thulisile Brenda Njoko
Keyword(s):  
South Africa ◽  
South African ◽  
Common Law ◽  
Criminal Court ◽  
The South ◽  
Civil Action ◽  
Probative Value ◽  
The Face ◽  
The Republic ◽  
Law Of Evidence

In Hollington v Hewthorn & Co Ltd 2 1943 All ER 35 it was held that a finding of a criminal court did not have any probative value in a subsequent civil action and was inadmissible as evidence. Despite the case being one of English origin, the South African courts have largely adopted this ruling as one grounded in our common law. In this paper, the judgment in the Hollington case is critically analysed in order to determine its continued applicability in the face of South Africa's existing law of evidence and the Constitution of the Republic of South Africa, 1996 ("the Constitution"). It is argued that in light of the existing law, this rule no longer finds application in South Africa.

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