scholarly journals Deciphering Dangerousness: A Critical Analysis of Section 286A and B of the Criminal Procedure Act 51 of 1977

2019 ◽  
Vol 22 ◽  
pp. 1-25
Author(s):  
Windell Nortje ◽  
Abraham Hamman ◽  
Chesne Albertus
Keyword(s):  
South Africa ◽  
South African ◽  
Crime Rate ◽  
Critical Analysis ◽  
Preventive Measures ◽  
Criminal History ◽  
Legal Provisions ◽  
History Of ◽  
High Crime ◽  
High Crime Rate

The violent nature of some crimes and the high crime rate in South Africa reflect the fact that some offenders constitute a real threat to the security of communities. It is understandable, therefore, that the state seeks to protect its citizens through preventive measures. Although South Africa has certain legal provisions on its statutory books, it seems that the declaration of persons as dangerous criminals is under-utilised. South African legislation dealing with the declaration of dangerous criminals can be improved by borrowing some traits of the Canadian legislation. Such features include the restriction of courts' discretion and the provision of concrete and more detailed guidelines on the nature of the offences for which the provision can be applied. The courts could also take into account the type of criminal history of the offender which would merit the declaration of a dangerous criminal. It is also important that the extent of the violence in an offence should be thoroughly defined in court. Courts need to balance their wide discretion on the matter with the provisions in the Act in order to protect the community against dangerous criminals.

The Indian Approach to Criminal Justice: The Role of Traditional Courts as Alternative Dispute Resolution Mechanisms

2021 ◽  
Vol 53 (2) ◽  
Author(s):  
Christa Rautenbach ◽  
Navilla Somaru
Keyword(s):  
South Africa ◽  
Criminal Justice ◽  
Dispute Resolution ◽  
Rural Areas ◽  
Crime Rate ◽  
Alternative Dispute Resolution ◽  
Traditional Values ◽  
Indian Government ◽  
High Crime ◽  
High Crime Rate

South Africa and India both struggle with a high crime rate and case backlogs in the mainstream courts. Both countries have a pluralistic system where state law consists of formal law and customary law. Both have mainstream and traditional courts following dispute resolution based on traditional values and principles. The panchayat system in India is comparable to traditional authorities in South Africa. The panchayat system performs judicial-like functions, and traditional courts operate at informal (nyaya panchayat) and formal (gram nyayalayas) levels in the rural areas. The lok adalat system is an alternative dispute resolution mechanism employed by the Indian government to address the high crime rate and court backlogs. Statistics reveal that these alternative justice mechanisms based on traditional values and principles have successfully cleared some backlogs. South Africa is in the process of adopting legislation on traditional courts, and it is envisaged that the Traditional Courts Bill [B1-2017] will soon be transformed into law. In reconsidering traditional courts’ role in the South African criminal justice system, it is worthwhile to explore what the Indian government has been doing in this regard. The main aim is to analyse the Indian approach to criminal justice regarding dispute resolution examples based on traditional laws, namely the panchayat system (nyaya panchayats and gram nyayalayas) and also lok adalats in a comparative context.

scholarly journals Commissioner for Inland Revenue v Lever Brothers and Unilever Ltd: A practical problem of source

2019 ◽  
Vol 19 ◽  
pp. 161-182
Author(s):  
E M Stack ◽  
D Grenville ◽  
R Poole ◽  
H Harnett ◽  
E Horn
Keyword(s):  
South Africa ◽  
South African ◽  
Critical Analysis ◽  
Practical Problem ◽  
Legal Theory ◽  
The South ◽  
Interest Income ◽  
History Of ◽  
Inland Revenue

Lever Brothers, the South African tax case that formed the basis of this research, was concerned with determining the source of interest income. In its time, this was one of the landmark cases and established tax principles that were valid for 54 years, until superseded by changes to legislation20The research presented a critical analysis of the three judgments in the case, exposing weaknesses in each. It also provided a condensed account of the history of the company, the historical era in which the transactions giving rise to the case took place, a glimpse into the lives of the judges, as well as a discussion of the development in South Africa of the rules for determining source. The most important focus of the research was the discussion of the use and validity of the practical man principle, and it was concluded that this principle should be applied, not in lieu of legal theory, but to restrain its unbridled use when unjust results would ensue.

‘Limping, Yet Made to Climb a Mountain!’ Re-Reading the Vashti Character in the Hiv And Aids South African Context

2018 ◽  
Author(s):  
Madipoane Masenya (Ngwan’A Mphahlele)
Keyword(s):  
South Africa ◽  
South African ◽  
External Factor ◽  
Hiv And Aids ◽  
African Women ◽  
South African Context ◽  
Land Grabbing ◽  
The Bible ◽  
History Of ◽  
African Context

The history of the Christian Bible’s reception in South Africa was part of a package that included among others, the importation of European patriarchy, land grabbing and its impoverishment of Africans and challenged masculinities of African men. The preceding factors, together with the history of the marginalization of African women in bible and theology, and how the Bible was and continues to be used in our HIV and AIDS contexts, have only made the proverbial limping animal to climb a mountain. Wa re o e bona a e hlotša, wa e nametša thaba (while limping, you still let it climb a mountain) simply means that a certain situation is being aggravated (by an external factor). In this chapter the preceding Northern Sotho proverb is used as a hermeneutical lens to present an HIV and AIDS gender sensitive re-reading of the Vashti character in the Hebrew Bible within the South African context.

Safeguarding the Republic? The South African Police Service, Legitimacy and the Tribulations of Policing a Violent Democracy

2021 ◽  
Vol 56 (1) ◽  
pp. 92-108
Author(s):  
Guy Lamb
Keyword(s):  
South Africa ◽  
South African ◽  
Public Trust ◽  
The South ◽  
Police Service ◽  
South African Police Service ◽  
The Republic ◽  
South African Police ◽  
High Crime ◽  
Excessive Use Of Force

Since 1994 the South African Police Service (SAPS) has undertaken various efforts to build legitimacy in South Africa. Extensive community policing resources have been made available, and a hybrid community-oriented programme (sector policing) has been pursued. Nevertheless, public opinion data has shown that there are low levels of public trust in the police. Using Goldsmith’s framework of trust-diminishing police behaviours, this article suggests that indifference, a lack of professionalism, incompetence and corruption on the part of the police, particularly in high-crime areas, have eroded public trust in the SAPS. Furthermore, in an effort to maintain order, reduce crime and assert the authority of the state, the police have adopted militaristic strategies and practices, which have contributed to numerous cases of excessive use of force, which has consequently weakened police legitimacy in South Africa

Implications for the age of South African Devonian rocks in which Tropidoleptus (Brachiopoda) has been found

1983 ◽  
Vol 120 (1) ◽  
pp. 51-58 ◽  
Author(s):  
A. J. Boucot ◽  
C. H. C. Brunton ◽  
J. N. Theron
Keyword(s):  
South Africa ◽  
North America ◽  
South African ◽  
Early Carboniferous ◽  
Fossil Plants ◽  
Geological Time ◽  
Marine Sedimentation ◽  
History Of ◽  
Near Shore ◽  
First Time

SummaryThe Devonian brachiopod Tropidoleptus is recognized for the first time in South Africa. It is present in the lower part of the Witteberg Group at four widely separated localities. Data regarding the stratigraphical range of the genus elsewhere, combined with information on recently described fossil plants and vertebrates from underlying strata of the upper Bokkeveld Group, suggest that a Frasnian or even Givetian age is reasonable for the lower part of the Witteberg Group. The recognition of Tropidoleptus in a shallow water, near-shore, molluscan association, at the top of the South African marine Devonian sequence, is similar to its occurrence in Bolivia, and suggests a common Malvinokaffric Realm history of shallowing, prior to later Devonian or early Carboniferous non-marine sedimentation. It is noteworthy that Tropidoleptus is now known to occur in ecologically suitable environments around the Atlantic, but is absent from these same environments in Asia and Australia. Tropidoleptus is an excellent example of dispersal in geological time — first appearing in northern Europe and Nova Scotia, then elsewhere in eastern North America and North Africa, followed by South America and South Africa, while continuing in North America.

scholarly journals Reading the Bible with the marginalised: The value/s of contextual Bible reading

2016 ◽  
Vol 1 (2) ◽  
Author(s):  
Gerald West
Keyword(s):  
South Africa ◽  
South African ◽  
Biblical Interpretation ◽  
The Bible ◽  
History Of ◽  
Interpretive Practices ◽  
Bible Reading

There is a long history of collaboration between “popular” or “contextual” forms of biblical interpretation between Brazil and South Africa, going back into the early 1980’s. Though there are significant differences between these forms of Bible “reading”, there are values and processes that cohere across these contexts, providing an integrity to such forms of Bible reading. This article reflects on the values and processes that may be discerned across the Brazilian and South African interpretive practices after more than thirty years of conversation across these contexts.

scholarly journals A Quarter Century of Democracy and the Uniting Reformed Church in Southern Africa

2019 ◽  
Vol 45 (3) ◽  
Author(s):  
Leepo Johannes Modise
Keyword(s):  
South Africa ◽  
South African ◽  
Southern Africa ◽  
Quarter Century ◽  
South African Society ◽  
Reformed Church ◽  
History Of ◽  
Measuring Tool ◽  
The Church

This paper focuses on the role of the Uniting Reformed Church in Southern Africa (URCSA) in the South African society during the past 25 years of its services to God, one another and the world. Firstly, the paper provides a brief history of URCSA within 25 years of its existence. Secondly, the societal situation in democratic South Africa is highlighted in light of Article 4 of the Belhar Confession and the Church Order as a measuring tool for the role of the church. Thirdly, the thermometer-thermostat metaphor is applied in evaluating the role of URCSA in democratic South Africa. Furthermore, the 20 years of URCSA and democracy in South Africa are assessed in terms of Gutierrez’s threefold analysis of liberation. In conclusion, the paper proposes how URCSA can rise above the thermometer approach to the thermostat approach within the next 25 years of four general synods.

scholarly journals The Concept of Labour in South African Law

Fundamina ◽  
2020 ◽  
pp. 42-90
Author(s):  
LN Maqutu
Keyword(s):  
South Africa ◽  
South African ◽  
Theoretical Perspective ◽  
Legal Reasoning ◽  
Labour Law ◽  
Post Colonial ◽  
Legal Provisions ◽  
Industrial Mining ◽  
Necessary Evil ◽  
Mobility Mining

The attitude of European invaders toward the African people they encountered during the colonial conquest of South Africa has been crucial in the formulation of law. This contribution undertakes a contrapuntal reading of historic laws pertinent to notions of labour and its regulation, in order to reveal the import of its orientation to the system devised. The discourse on Africans and the manner of their utilisation as a source of labour are assessed from the text of legal provisions of the emergent Cape Colony and the later period of industrial mining in the Zuid-Afrikaansche Republiek. From a post-colonial, theoretical perspective, the exploration expands the latitude of labour law to incorporate property, mobility, mining and other subsets of law. A recount of these early laws reveals that the forcible labouring of Africans has been vital in the development of colonial settlements and enterprise endeavours. The supposed worthwhile modernisation of South Africa has been largely accomplished through the cruelty imposed on Africans. Yet normalised accounts advance concrete separations, (white) leadership alongside legitimised African servitude. Fidelity to that paradigm of thought demands an either-or response to historical events (either it was good – a necessary evil – or it was bad), without making room for nuanced deliberation. It presumes a capacity to escape colonial manipulation when interrogating its misdeeds. However, the formation of that type of thought itself is flawed, and has failed to create the certitudes professed. Since the founding mythos upon which legal reasoning has been assembled has rested on the diminution of Africans, continued fidelity to the accumulated arrangements of labour and its control is disturbed by the appraisal in this contribution. The process avoids validating the simplistic legitimation of labour norms by the controlled insertion of Africans into colonised spaces – a narrow way of thinking that encourages the belief that solutions can be found in according Africans access to the spoils of conquest.

scholarly journals Implementasi Fuzzy Inference System Untuk Menentukan Tingkat Kriminalitas Di Kota Batam

2020 ◽  
Vol 10 (2) ◽  
pp. 206-221
Author(s):  
Sesri Novia Rizki ◽  
Handra Tipa
Keyword(s):  
Crime Rate ◽  
Fuzzy Inference ◽  
Inference System ◽  
Research Results ◽  
Fuzzy Process ◽  
Job Vacancy ◽  
Main Factors ◽  
High Crime ◽  
The City ◽  
High Crime Rate

Kriminalitas merupakan sebuah perbuatan meyimpang serta merugikan banyak orang.Pada tahun 2017 perekonomian Kota Batam menurun, sehigga banyak perusahaan yang tutup dan menyebabkan tingkat pengangguran meningkat.Kejahatan yang marak terjadi saat ini seperti pembegalan, pencopetan, Penipuan, dan penjampretan tanpa belas kasihan bahkan menyebabkan korban meninggal dunia.Contoh  kejahatan yang sering terjadi berupa pembegalan dan penjamretan  pada daerah tamiang, banyak  korban yang berjatuhan, pelaku Tidak segan melukai bahkan menghilangkan nyawa korbannya. Faktor utama penyebab  kriminalitas seperti tingkat kesenjangan social, pendidikan, pendidikan, pergaulan,  PengangguranLowongan Pekerjaan serta pendidikan sehingga banyak hal yang membuat tingkat kriminalitas yang tinggi di kota Batam. Tujuan penelitian ini yaitu untuk mengetahui tingkat kriminalitas di kota Batam, serta sabagai pembelajaran bagi penduduk batam sehingga terhindar dari kejahatan. Metode yang digunakan menggunakansystem max-mix atau logika sugeno, langkah kerja metode fuzzy ada empat, yang pertama pembentukan himpunan fuzzy, yang kedua aplikasi fungsi implikasi yang ketiga komposisi aturan dan yang keempat adalah defuzzifikasi.Fokus penelitian ini berupa 1.Menentukan Tingkat kriminalitas 2.Penyebab  kriminalitas 3.Menggunakan metode sugeno dan aplikasi matlab untuk menyelesaikan hasil penelitian. Penelitian ini menghasilkan system mendukung keputusan berupa hasil akhir sebesar 0.72 berada pada posisi Output dengan nilai keputusan tingkat kriminalitas tinggi di Kota Batam.                                                               AbstractCrime is an act that deviates and harms many people. In 2017 the economy of Batam City declined so that many companies closed and caused the unemployment rate to increase. Crimes are rife at this time, such as hijacking, pickpocketing, fraud, and mugging without mercy, even causing death. Examples of crimes that often occur in the form of kidnapping and mugging in the Tamiang area, many victims have fallen, the perpetrators do not hesitate to hurt or even kill the lives of their victims. The main factors were causing crime such as the level of social inequality, education, relationships, Job Vacancy Unemployment and education so that many things that make a high crime rate in the city of Batam. The purpose of this study is to determine the level of crime in the city of Batam, as well as learning for residents of Batam, is avoid way. The method used uses the max-mix system or Sugeno logic, there are four steps in the fuzzy process, the first is the formation of the fuzzy set, the second is the application of the implication function, the third is the composition of the rules, and the fourth is defuzzification. The scope of this research is 1.  They are using the level of crime 2. Cause of crime 3. They are using the Sugeno method and the application of Matlab to complete the research results. This research results offence ina system was supporting the decision in the form of the final They are determining of 0.72 is in the Output position with a high crime rate decision value in Batam City.  

Evolution of South Africa's Racist Constitutions and the 1983 Constitution

1987 ◽  
Vol 16 (1) ◽  
pp. 18-23
Author(s):  
Xia Jisheng
Keyword(s):  
South Africa ◽  
South African ◽  
State Law ◽  
The South ◽  
Constitutional Development ◽  
The Third ◽  
Fundamental State ◽  
History Of ◽  
South African Constitution

Since the enforcement of 1983 constitution, several years have passed. The 1983 constitution is the third constitution since the founding of the Union of South Africa in 1910. By observing the history of the constitutional development in more than seventy years in South Africa and the content of the current South African constitution, it is not difficult to find out that the constitution, as a fundamental state law, is an important weapon of racism. South Africa's white regime consistandy upholds and consolidates its racist rule by adopting and implementing constitutions. The aim of this article is to analyze and expose the essence of the South African racist system in mis aspect.

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