scholarly journals South Africa's Debut into Broadcasting Criminal Trials – The Legal Arguments in Televising the Oscar Pistorius Trail

Author(s):  
Alison Amanda James

The televising and/or any other form of broadcasting of judicial hearings and of criminal trials in particular is a controversial topic that has not only provoked debate and been argued about by academics, the media and the public for years, but continues to be argued about with few signs of abatement. Until recently South Africa had largely escaped becoming embroiled in this provocative topic, as the live broadcasting of criminal trials from South African courtrooms did not occur. The situation has changed, though, following the recent live televising of a full criminal trial – namely, the trial of South African Para-Olympic champion Oscar Pistorius. Given that this trial signalled South Africa's debut into the world of the live televising of criminal trial proceedings, the question is asked why exactly South Africa ventured into this contentious legal territory.It must be emphasised that the intention of this contribution is solely to explore the court's consideration of the constitutional mandates and rights that were contained in both the application and the opposing arguments pertaining to the live broadcast the trial of Oscar Pistorius. This note will not attempt to examine or even approach the far greater question of whether criminal trials should be televised or not, a topic better left to future research.      

2021 ◽  
Vol 10(4) (10(4)) ◽  
pp. 1275-1282
Author(s):  
Eunjung Kim ◽  
Kijung Choi ◽  
James Lappeman ◽  
Jari Salo

Recreational cyclists are pertinent but rarely studied leisure and tourism segment. Recreational cycling has traditionally been considered as a ‘masculine stereotyped’ sport. The purpose of the research is to better understand a gendered consumer view of recreational cycling and to possibly promote recreational cycling to women and men in countries like South Africa with keen interests of recreational cycling in the form of sport tourism. This research employs a content analysis of social media posts on Facebook, Instagram and Twitter as a research method. Specifically, the gendered nature of recreational cycling is focused upon. In total, 2,504 posts from 1,598 unique authors from South Africa are analysed. As a result, this research shows that in the South African context male cyclists tend to like to attend the specialised event and race for their health and fitness while female cyclists seem to find more enjoyable and family-friendly (children focused) cycling. The results also confirm the paradox that women are generally presented in more family oriented roles, while men are typically shown as more independent in the media. Managerial implications and future research are also presented.


2014 ◽  
Vol 22 (03) ◽  
pp. 313-330 ◽  
Author(s):  
Evelyn Derera ◽  
Pepukayi Chitakunye ◽  
Charles O'Neill ◽  
Amandeep Tarkhar-Lail

This study explores gendered lending and marketing practices of start-up capital to women entrepreneurs in South Africa. A multi-method research design, comprising of 6 in-depth interviews with experts, and a survey of 50 women entrepreneurs was adopted using convenience and snowball sampling techniques, respectively. The findings revealed that women entrepreneurs are experiencing gendered discriminatory practices embedded in lending practices used by financial institutions, thereby discouraging them to venture into non-traditional industries. Whilst financial providers may know their products well, many emerging women entrepreneurs in South Africa may find it difficult and costly to obtain information on the thousands of financial products available. Hence, women entrepreneurs resort to taking greater risks than necessary in order to get their businesses off the ground. Educating women on financial matters is extremely important if South Africa is to benefit fully from the untapped entrepreneurial talent that women possess. The study adds voice to the discriminatory lending practices faced by women entrepreneurs in developing countries. Future research could explore the feasibility of establishing a financial institution which caters specifically for the needs of women.


10.28945/4736 ◽  
2021 ◽  
Vol 16 ◽  
pp. 101-124
Author(s):  
Paul Kariuki ◽  
Lizzy O Ofusori ◽  
Prabhakar Rontala Subramanniam ◽  
Moses Okpeku ◽  
Maria L Goyayi

Aim/Purpose: The paper’s objective is to examine the challenges of using the mobile phone to mine location data for effective contact tracing of symptomatic, pre-symptomatic, and asymptomatic individuals and the implications of this technology for public health governance. Background: The COVID-19 crisis has created an unprecedented need for contact tracing across South Africa, requiring thousands of people to be traced and their details captured in government health databases as part of public health efforts aimed at breaking the chains of transmission. Contact tracing for COVID-19 requires the identification of persons who may have been exposed to the virus and following them up daily for 14 days from the last point of exposure. Mining mobile phone location data can play a critical role in locating people from the time they were identified as contacts to the time they access medical assistance. In this case, it aids data flow to various databases designated for COVID-19 work. Methodology: The researchers conducted a review of the available literature on this subject drawing from academic articles published in peer-reviewed journals, research reports, and other relevant national and international government documents reporting on public health and COVID-19. Document analysis was used as the primary research method, drawing on the case studies. Contribution: Contact tracing remains a critical strategy in curbing the deadly COVID-19 pandemic in South Africa and elsewhere in the world. However, given increasing concern regarding its invasive nature and possible infringement of individual liberties, it is imperative to interrogate the challenges related to its implementation to ensure a balance with public governance. The research findings can thus be used to inform policies and practices associated with contact tracing in South Africa. Findings: The study found that contact tracing using mobile phone location data mining can be used to enforce quarantine measures such as lockdowns aimed at mitigating a public health emergency such as COVID-19. However, the use of technology can expose the public to criminal activities by exposing their locations. From a public governance point of view, any exposure of the public to social ills is highly undesirable. Recommendations for Practitioners: In using contact tracing apps to provide pertinent data location caution needs to be exercised to ensure that sensitive private information is not made public to the extent that it compromises citizens’ safety and security. The study recommends the development and implementation of data use protocols to support the use of this technology, in order to mitigate against infringement of individual privacy and other civil liberties. Recommendation for Researchers: Researchers should explore ways of improving digital applications in order to improve the acceptability of the use of contact tracing technology to manage pandemics such as COVID-19, paying attention to ethical considerations. Impact on Society: Since contact tracing has implications for privacy and confidentiality it must be conducted with caution. This research highlights the challenges that the authorities must address to ensure that the right to privacy and confidentiality is upheld. Future Research: Future research could focus on collecting primary data to provide insight on contact tracing through mining mobile phone location data. Research could also be conducted on how app-based technology can enhance the effectiveness of contact tracing in order to optimize testing and tracing coverage. This has the potential to minimize transmission whilst also minimizing tracing delays. Moreover, it is important to develop contact tracing apps that are universally inter-operable and privacy-preserving.


2021 ◽  
Vol 8 (1) ◽  
pp. 102-122
Author(s):  
Jamil Ddamulira Mujuzi

In South Africa, persons or companies convicted of fraud or corruption or companies whose directors have been convicted are debarred from participating in bidding for government tenders. Although it is easy to establish whether or not a natural person has been convicted of an offence, because a certificate can be obtained from the South African Police Service to that effect, it is the opposite with juristic persons. This issue came up in the case of Namasthethu Electrical (Pty) Ltd v City of Cape Town and Another in which the appellant company was awarded a government tender although the company and its former director had been convicted of fraud and corruption. The purpose of this article is to analyse this judgment and show the challenges that the government is faced with when dealing with companies that have been convicted of offences that bid for government tenders. Because South Africa is in the process of enacting public procurement legislation, the Public Procurement Bill was published for comment in early 2020. One of the issues addressed in the Bill relates to debarring bidders who have been convicted of some offences from bidding for government tenders. Based on the facts of this case and legislation from other African countries, the author suggests ways in which the provisions of the Bill could be strengthened to address this issue.


Author(s):  
Bongani C Ndhlovu

This chapter analyses the influence of the state in shaping museum narratives, especially in a liberated society such as South Africa. It argues that while the notion of social cohesion and nation building is an ideal that many South African museums should strive for, the technocratisation of museum processes has to a degree led to a disregard of the public sphere as a space of open engagement. Secondly, the chapter also looks at the net-effect of museums professionals and boards in the development of their narrative. It argues that due to the nature of their expertise and interests, and the focus on their areas of specialisation, museums may hardly claim to be representative of the many voices they ought to represent. As such, the chapter explores contestations in museum spaces. It partly does so by exploring the notion “free-spokenness” and its limits in museum spaces. To amplify its argument, the chapter uses some exhibitions that generated critical engagements from Iziko Museums of South Africa.


Author(s):  
David A. Clark

Amartya Sen has argued that democracy has intrinsic and instrumental significance for economic and social development. In joint work with Jean Drèze, he has shown that democratic pressures can produce positive results in democratic and non-democratic nations alike. An Uncertain Glory briefly discusses the BRIC (Brazil, Russia, India and China) nations in this regard, but is inexplicably silent about South Africa (the final member of the BRICS). Can South Africa follow in the footsteps of the BRIC nations? Or might the South African brand of democracy really fall short? Reaffirming Drèze and Sen’s conclusion for India, this chapter argues there are grounds to be ‘contingently optimistic’ about the role of public participation in South Africa—despite the massive democratic deficit the country has inherited. This is illustrated through three case studies of participation focusing on pressure for HIV/AIDS treatment, the role of the public protector, and community action in Bokfontein.


2019 ◽  
Vol 8 (4) ◽  
pp. 500-512
Author(s):  
Boris Urban ◽  
Mmapoulo Lindah Nkhumishe

Purpose Many unanswered questions remain regarding the authors’ understanding of how entrepreneurship can be fostered in the public sector. To fill this knowledge gap, the purpose of this paper is to conduct an empirical investigation to determine the relationship between different organisational factors and entrepreneurial orientation (EO) in the South African public sector. Design/methodology/approach Primary data are sourced from middle-level managers at municipalities in the three largest provinces across South Africa. Hypotheses are statistically tested using regression analyses. Findings Results reveal that the organisational antecedents of structure and culture explain a significant amount of variation in the EO dimensions of innovativeness, risk taking and proactiveness. Additionally, the findings on organisational rewards converge with an emerging stream of research which highlights that while rewards works well to motivate individuals in the private sector, they are negatively correlated with entrepreneurship in the public sector. Research limitations/implications The study implications relate to the efficiency and effectiveness of service delivery of municipalities in South Africa. Due to increases in community protest actions, it is necessary not only to maximise efficiency in the provision of services, but also to innovate and be proactive in order to achieve more with less resources. Originality/value By investigating previously unrelated factors in the public sector, the authors create closer conceptual and empirical links between the role of organisational factors and each of the EO dimensions. Furthermore, the study takes place in a relatively under-researched entrepreneurship and public sector context.


2012 ◽  
Vol 13 (1) ◽  
Author(s):  
Dries Schreuder ◽  
Melinde Coetzee

Orientation: Career research in organisations has increased in importance since the 1970s, which heralded new directions for organisational career research and practice both globally and nationally. Research purpose: The study critically reviewed trends in organisational career psychology research in South Africa from 1970 to 2011 in terms of global and present national challenges that require empirical investigation in the contemporary South African world of work context.Motivation for the study: The increasingly complex contexts, in which people have been pursuing their careers since the catalytic 1970s, demand the continuous generation and development of knowledge for the benefit of the discipline and practice of careers.Research design, approach and method: A broad systematic review was carried out to analyse documented academia research (N = 110) on careers from 1970 to 2011, which was published in six accredited South African scientific journals.Main findings: Much of the research addressed issues pertaining to career theory and concepts, the world of work and career assessment and technology. Career development, professional issues and organisational career interventions in the multi-cultural South African context appear to be under-researched.Practical/managerial implications: The insight derived from the findings can be employed by academia and researchers, in this field, to plan future research initiatives that will contribute to the profession and practice of career guidance and counselling in the contemporary workplace.Contribution/value-add: The findings provide preliminary insight that adds to the body of knowledge concerned with career studies in the South African organisational context.


2017 ◽  
Vol 56 (4) ◽  
pp. 619-639 ◽  
Author(s):  
William Wannyn

Since the 1990s, a growing number of social science researchers collaborate in the creation of areas of research such as neurolaw, neuroeducation, neuroeconomy or neuromarketing. Sometimes referred to as ‘neurodisciplines’, these areas of research share a common postulate: the measure and analysis of the nervous system’s activity offers the possibility of discovering new ways of explaining human behaviour. Neuromarketing first appeared in the early 2000s and has developped in both university laboratories and private ones. Neuromarketers aim to understand consumer behaviour by applying neuroscientific theories and methods of measuring neurobiological activity to marketing questions. As a controversial topic, neuromarketing is critized in both the public space and academia. Some members of the media, some consumer associations and some neuromarketers see neuromarketing as having a more or less realistic power of persuasion (Lindstrom, 2009) while most neuroscientists qualify it as a scam or publicity stunt (Nature, 2004). Starting from bibliometric analysis of neuromarketing publications, we define the shifting boundaries of this area of research whose subject itself is still opened to debate. Building on Pierre Bourdieu’s work on the scientific field, we highlight the forces that shape this speciality both in and out of the academic field. Based on semidirective interviews, we demonstrate that neuromarketers have to develop discursive strategies to distance themselves from the controversial image of neuromarketing and adopt publication strategies in order to disseminate the results of their research in the scientific field.


Author(s):  
Graham A. Duncan

Since 1994 and the coming of democracy to South Africa there has been a concerted attempt to develop a coherent, unified educational system that will redress the inequities of the apartheid systems. Significant to this ongoing process is the field of higher education, where relevant legislation has been enacted in order to bring coherence and consistency to the education system in the public and private sectors. Significant issues have arisen with regard to the provision made by private religious educational institutions, especially those who have experienced difficulties in being accredited by statutory bodies. This paper seeks to explore these issues and suggest ways forward that are appropriate within an emerging unitary system of education that is fit for purpose in Africa and particularly South Africa, taking as a case study the formation of the Association of Christian Religious Practitioners.


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