scholarly journals A South African–Australian Perspective on the Legal Implications Related to being “Entitled to Serve” as a Director

2020 ◽  
Vol 23 ◽  
pp. 1-27
Author(s):  
Neels Kilian
Keyword(s):  
South Africa ◽  
South African ◽  
Case Law ◽  
Federal Court ◽  
Interesting Case ◽  
The South ◽  
Legal Implications ◽  
The Republic

This article focuses on an Australian piece of legislation and interesting case law, as well as how the Federal Court of Australia has applied Australia’s Corporations Act 2001, to characterise a person as a de facto director – that is, as a professed director whose appointment as such was defective. In this regard, the decisions of that Court will, as envisaged in the Constitution of the Republic of South Africa 1996, constitute persuasive authority. The Australian decision to be discussed in this article is significant in that the South African Companies Act 71 of 2008 does not contain substantively similar provisions to those of Australia’s Corporations Act 2001. For example, section 66(7) of the Companies Act 2008, contains the phrase “entitled to serve” as a director. This article explains the legal implications relevant to that expression, including whether it imposes a statutory condition precedent. This article also considers the validity of decisions taken by a person who is not “entitled to serve” as a director.

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

Security Council

1964 ◽  
Vol 18 (2) ◽  
pp. 468-485
Keyword(s):  
South Africa ◽  
South African ◽  
Sierra Leone ◽  
Security Council ◽  
Secretary General ◽  
South African Government ◽  
The South ◽  
African Government ◽  
The Republic ◽  
Made In

The Security Council considered the situation in the Republic of South Africa resulting from the apartheid policies of the South African government during its 1073rd–1078th meetings held from November 27 to December 11, 1963. The Council had before it the request made by 32 African and Asian states in a letter of October 23, 1963, addressed to the President of the Security Council; and the report by the Secretary-General submitted pursuant to the request made in the Security Council's Resolution of August 7, 1963, that he keep the situation in South Africa under observation and report to the Security Council by October 30, 1963. At the President's invitation Mrs. Pandit (India), Mr. Grimes (Liberia), Mr. Rakotomalala (Madagascar), Mr. Slim (Tunisia), and Mr. Karefa-Smart (Sierra Leone) took places at the Security Council table.

Descriptions of two new species of the genus Paragus Latreille (Diptera: Syrphidae), with a key to males of all South African species

Zootaxa ◽  
2020 ◽  
Vol 4780 (2) ◽  
pp. 341-355
Author(s):  
TAMARA TOT ◽  
SNEŽANA RADENKOVIĆ ◽  
ZORICA NEDELJKOVIĆ ◽  
LAURA LIKOV ◽  
ANTE VUJIĆ
Keyword(s):  
South Africa ◽  
New Species ◽  
South African ◽  
Taxonomic Status ◽  
Identification Key ◽  
The South ◽  
African Species ◽  
Afrotropical Region ◽  
Two New Species ◽  
The Republic

Two new species of the genus Paragus Latreille, 1804 are described from the Republic of South Africa: Paragus longipilus Tot, Vujić et Radenković sp. nov. and Paragus megacercus Tot, Vujić et Radenković sp. nov. These new species belong to the subgenus Pandasyopthalmus Stuckenberg, 1954a. Paragus longipilus sp. nov. is a member of the P. jozanus group, whereas Paragus megacercus sp. nov. belongs to the P. tibialis group. The taxonomic status of Paragus chalybeatus Hull, 1964 is revised and proposed as synonym of Paragus punctatus Hull, 1949. Additionally, an identification key to males of the South African species of Paragus is provided. Results of the present study confirm a significant level of endemism of Paragus in the Afrotropical Region (12 out of 29). 

The Moral Status of Apartheid: Can the Presence of Foreign Corporations in South Africa Be Morally Justified?

1985 ◽  
Vol 15 (4) ◽  
pp. 565-579 ◽  
Author(s):  
Robert N. Mccauley
Keyword(s):  
South Africa ◽  
South African ◽  
Moral Status ◽  
International Community ◽  
South African Government ◽  
The South ◽  
Final Word ◽  
African Government ◽  
The Republic ◽  
Foreign Corporations

Since the international community has offered their nearly unanimous condemnation of the system of apartheid in the Republic of South Africa, the topic of this essay might seem moot. However, the involvement and cooperation with the South African government of numerous governments, businesses, and other institutions suggest that those condemnations do not constitute the final word - certainly not politically, nor, perhaps, morally.

scholarly journals PRAWO RZYMSKIE JAKO ŹRÓDŁO PRAWA W AFRYCE POŁUDNIOWEJ

2017 ◽  
Vol 3 (1) ◽  
pp. 139
Author(s):  
Rafał Mańko
Keyword(s):  
South African ◽  
Legal System ◽  
Case Law ◽  
The Other ◽  
Customary Law ◽  
Roman Law ◽  
The South ◽  
Cape Of Good Hope ◽  
Ius Commune ◽  
The Republic

ROMAN LAW AS A SOURCE OF LAW IN SOUTHERN AFRICASummary Roman law is usually regarded as an object o f historic study and not as a practical discipline of the legal science. However, the situation is different in six South African states - the Republic of South Africa, Zimbabwe, Lesotho, Swaziland, Botswana and Namibia - which have preserved the uncodified ius commune europaeum brought by the Dutch to the Cape of Good Hope in the 17th century.The hierarchy of the fontes iuris oriundi in the South African legal system seems to be the following: the Constitution, statutes, customary law, case-law, Roman-Dutch law and Roman law. The position occupied by Roman law is in fact only subsidiary, however it is a source of law and is referred to from time to time in the case-law. On the other hand it permeates the whole legal system which is based on fundamental notions derived from Roman law, which have been preserved and developed in the treatises of the Roman-Dutch jurists and the case-law of the courts.The frequency o f citations of Roman law in the South African case-law has been an object of two major studies. One, conducted by Van Der Merve concerned the period 1970-1979, the other, by Du Plessis - took into account the cases of 1990-1991. The studies revealed that Roman sources are cited in 4,7-4,8% of the case-law. According to another study by Zimmermann, only in half o f those cases the Roman sources were relevant for deciding the case.Nevertheless, it is submitted that these figures should be treated as significant, especially when compared with the position occupied by Roman sources in the modern case law in other civilian jurisdictions. 

scholarly journals The south african environment and the 1996 Constitution

2007 ◽  
Vol 1 (1) ◽  
pp. 36-57 ◽  
Author(s):  
Louis J. Kotzé
Keyword(s):  
South Africa ◽  
Environmental Protection ◽  
South African ◽  
The South ◽  
Human Right ◽  
Future Developments ◽  
The Republic

This study brings the debate upon environmental protection in the Republic of South Africa since the 1996 Constitution enactment which conformed it as a justifiable human right. The contribution begins with some considerations about (in) the development of the environmental right. The more pertinent constitutional provisions related to the environment are discussed, and there are some remarks about future developments in this field.

scholarly journals Raamwerkwetgewing ter Verwesenliking van die Reg op Toegang tot Voldoende Voedsel

2017 ◽  
Vol 15 (5) ◽  
pp. 228
Author(s):  
Anél Terblanche ◽  
Gerrit Pienaar
Keyword(s):  
South Africa ◽  
Human Rights ◽  
Food Security ◽  
South African ◽  
The South ◽  
The Republic ◽  
The Right ◽  
Human Rights Based Approach ◽  
Right Of Access ◽  
Sufficient Food

Various South African government reports list food security as a development priority. Despite this prioritisation and despite the fact that South Africa is currently food self-sufficient, ongoing food shortages remain a daily reality for approximately 35 percent of the South African population. The government's commitment to food security to date of writing this contribution manifests in related policies, strategies, programmes and sectoral legislation with the focus on food production, distribution, safety and assistance. A paradigm shift in the international food security debate was encouraged during 2009, namely to base food security initiatives on the right to sufficient food. During a 2011 visit to South Africa, the Special Rapporteur for the Right to Food of the United Nations, accordingly confirmed that a human rights-based approach to food security is necessary in the South African legal and policy framework in order to address the huge disparities in terms of food security (especially concerning geography, gender and race). A human rights-based approach to food security will add dimensions of dignity, transparency, accountability, participation and empowerment to food security initiatives. The achievement of food security is further seen as the realisation of existing rights, notably the right of access to sufficient food. The right of access to sufficient food, as entrenched in section 27(1)(b) of the Constitution of the Republic of South Africa, 1996 will accordingly play a central role within a human rights-based approach to food security. Section 27(2) of the Constitution of the Republic of South Africa, 1996 qualifies section 27(1)(b) by requiring the state to take reasonable legislative and other measures, within its available resources, to achieve the progressive realisation of each of the section 27(1) rights. The South African government's commitment to food security, as already mentioned, currently manifests in related policies, strategies and programmes, which initiatives will qualify as other measures as referred to in section 27(2) mentioned above. This contribution, however, aims to elucidate the constitutional duty to take reasonable legislative measures as required by section 27(2) within the wider context of food security. This contribution is more specifically confined to the ways in which a human rights-based approach to food security can be accommodated in a proposed framework law as a national legislative measures. Several underlying and foundational themes are addressed in this contribution, amongst others: (a) the relationship between food security and the right of access to sufficient food; (b) food security as a developmental goal; and (c) the increasing trend to apply a human rights-based approach to development initiatives in general, but also to food security.

scholarly journals The South African constitutional Court and the Rule of Law: The Masethla Judgment, A Cause for Concern

2017 ◽  
Vol 13 (3) ◽  
pp. 467
Author(s):  
Rósaan Krüger
Keyword(s):  
South Africa ◽  
South African ◽  
Rule Of Law ◽  
Procedural Fairness ◽  
Constitutional Court ◽  
The South ◽  
Public Power ◽  
The Rule Of Law ◽  
The Republic

The rule of law as a foundational constitutional value constrains the exercise of public power but the precise limits of the constraints it sets are not well defined. In Masethla v President of the Republic of South Africa,[1] the majority of the Constitutional Court opted for an interpretation of this value that frees the President from adherence to the demands of procedural fairness when exercising certain constitutional powers. This note will investigate the soundness of that interpretation against the background of theoretical expositions of the rule of law and earlier Constitutional Court judgments.[1]      2008 1 BCLR 1 (CC).

scholarly journals RELATIVE BARGAINING STRENGTH AND ILLEGALITY Uniting Reformed Church, De Doorns v President of the Republic of South Africa 2013 (5) SA 205 (WCC)

Obiter ◽  
2014 ◽  
Vol 35 (1) ◽  
Author(s):  
Robert Sharrock
Keyword(s):  
South Africa ◽  
Public Policy ◽  
South African ◽  
Bargaining Power ◽  
Relevant Factor ◽  
The South ◽  
Reformed Church ◽  
The Republic ◽  
Bargaining Positions

The South African courts have recognized that the relative situation of contracting parties when concluding the contract – the strength of their bargaining positions relative to each other – is a relevant factor when determining whether a particular provision in the contract (or the contract as a whole) is contrary to public policy. However, there are relatively few cases in which the court has actually relied upon inequality of bargaining power as a ground for holding that a contractual provision is illegal. In Uniting Reformed Church, De Doorns v President of the Republic of South Africa (2013 (5) SA 205 (WCC) (the “URC case”)), Zondi J held that one of the reasons why a clause common to certain notarial leases was contrary to public policy was because the contractants had not occupied equal bargaining positions when entering into the leases. Whether or not one fully agrees with the judge’s reasoning, the decision underscores the importance of understanding what is meant by relative bargaining strength and how and when it affects the lawfulness of a contract.

scholarly journals Governing authorities in the same boat and a tale of two schedules: Marius Nel v Hessequa Local Municipality (2015)

2018 ◽  
pp. 71-82
Author(s):  
Anél Du Plessis ◽  
Oliver Fuo
Keyword(s):  
South Africa ◽  
South African ◽  
Environmental Governance ◽  
Provincial Government ◽  
South African Context ◽  
The South ◽  
Growing Body ◽  
Local Municipality ◽  
African Context ◽  
The Republic

This article responds to the tension inherent in the Constitution of the Republic of South Africa 1996 which lists ‘the environment’ proper as a function of national and provincial government. The authors discuss one of the arguments raised in the recently decided case of Marius Nel and Others v Hessequa Local Municipality and Others (2015) with particular emphasis on what the court’s reasoning adds to the growing body of jurisprudence on local government’s authority to govern environmental matters and the need for cooperative environmental governance in the South African context. The article features an overview of the relevant facts and findings in the Hessequa case, followed by a discussion of the implications of the court’s judgment.

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