scholarly journals Estate Planning and Wills Across Borders: Sometimes a Quagmire in the Making

2021 ◽  
Vol 24 ◽  
pp. 1-31
Author(s):  
Eben Nel
Keyword(s):  
South African ◽  
Private Law ◽  
Estate Planning ◽  
South Africans ◽  
The United Kingdom ◽  
International Private Law ◽  
Legal Position ◽  
International Instruments ◽  
Property Regimes

In this article a synoptic evaluation is made in respect of the estate planning and wills of South African nationals working, investing or living in foreign jurisdictions, in the broader context of globalisation and internationalisation. Estate planners and testators may inadvertently leave family members in a financially vulnerable position or diminish family assets due to a non-appreciation of international private law. The importance of international wills, the role of testamentary trusts, and the potential impact and reciprocity of international instruments are considered. The most applicable Hague Conventions and the EU Succession and Matrimonial Property Regulations are discussed in an attempt to give an overview of the current legal position. In discussing the role of international private law, its practical application is illustrated by way of reference to a few jurisdictions popular among South Africans with multi-jurisdictional estates, namely Malta, Portugal, the Netherlands and the United Kingdom. Although there may be more popular emigration jurisdictions amongst South Africans, this contribution focusses on the South African who lives, works and plays in a European context, without necessarily cutting his or her ties with the homeland. Not all attempts to harmonise wills, deceased estates, succession and matrimonial property regimes have been met with the same levels of enthusiasm by the international community. Contributing hereto may be the fact that fiduciary law deals with sensitive and very personal aspects of individuals and is closely linked to the different worldviews of communities. It is argued that not only fiduciary advisers and will drafters, but also attorneys and notaries involved with prenuptial agreements, should be proficient in the workings and implications of the applicable international instruments. Lastly, an argument is made for more pragmatic and commercial style thinking in the arena of fiduciary law.

Home and Away. The Enlistment of Australian, Canadian, New Zealand, and South African Men in Dominion Expeditionary Forces in the United Kingdom during the Great War

Itinerario ◽  
2014 ◽  
Vol 38 (3) ◽  
pp. 45-58
Author(s):  
John Connor
Keyword(s):  
United Kingdom ◽  
New Zealand ◽  
South African ◽  
British Empire ◽  
Australian Government ◽  
South Africans ◽  
The United Kingdom ◽  
Canadian Citizenship ◽  
The Uk ◽  
The Great War

On the outbreak of war, men from the Dominions were scattered across the British Empire. As each Dominion began recruiting their expeditionary forces at home, the issue arose whether these expatriates, especially those resident in the United Kingdom, should join the British Army or be able to enlist in their Dominion's force. Canada and New Zealand allowed recruiting for the CEF and NZEF in the UK. Many Anglophone White South Africans joined a “colonial” battalion of the Royal Fusiliers. The Australian Government refused to allow Australians in the UK to join the AIF, despite the repeated requests of the Australian expatriate community. This paper examines the questions of British and sub-Imperial Dominion identities as well as the practical policy considerations raised by this issue. It argues that there is some evidence of nascent Dominion nationalism—the Canadian High Commission in London issued what became known as “a Certificate of Canadian Citizenship” to expatriates— but that Dominion Governments generally based their decisions on this issue based on cost and domestic political considerations.

South Africa and Scotland in the First World War

2016 ◽  
Author(s):  
Jonathan Hyslop
Keyword(s):  
South Africa ◽  
South African ◽  
British Empire ◽  
The South ◽  
Political Identities ◽  
South Africans ◽  
The First World War ◽  
Battle Of The Somme ◽  
First World

This chapter discusses the powerful and long-lasting impact Scottish military symbolism on the formation of military culture in South Africa. Drawing on the work of John MacKenzie and Jonathan Hyslop’s notion of ‘military Scottishness’, this chapter analyses how Scottish identity both interacted with the formation of political identities in South Africa, and ‘looped back’ to connect with changing forms of national identity in Scotland itself. In particular, it addresses how the South Africans’ heroic role at Delville Wood, during the Battle of the Somme, became a putative symbol of this racialised ‘South Africanism’. The South African Brigade included a battalion of so-called ‘South African Scottish’ which reflected the phenomenon of military Scottishness. Overall, the chapter looks at the way in which the representations of the role of the South African troops involved an interplay between British empire loyalism, white South African political identities, and Scottishness.

scholarly journals CONTRACTUAL CAPACITY AND THE CONFLICT OF LAWS IN COMMON-LAW JURISDICTIONS (PART 1): THE UNITED KINGDOM

Obiter ◽  
2018 ◽  
Vol 39 (3) ◽  
Author(s):  
Eesa A Fredericks
Keyword(s):  
United Kingdom ◽  
International Law ◽  
South African ◽  
Common Law ◽  
The United States ◽  
Private International Law ◽  
Conflict Of Laws ◽  
The United Kingdom ◽  
Legal Position ◽  
The Common

This series of two articles provides a comparative overview of the position in the common-law conflict of laws in respect of the contractual capacity of natural persons. The comparative study is undertaken in order to provide guidelines for the future development of South African private international law. Reference is primarily made to case law and the opinions of academic authors. The legal position in the law of the United Kingdom, as the mother jurisdiction in Europe, is investigated in part I. Although Scotland is a mixed civil/common-law jurisdiction, the situation in that part of the United Kingdom is also discussed.Part II will deal with the rules and principles of private international law in respect of contractual capacity in Australasia (Australia and New Zealand), North America (the common-law provinces of Canada and the United States of America), Asia (India, Malaysia and Singapore) and Africa (Ghana and Nigeria). Part II also contains a comprehensive summary of the legal position in the common-law countries, followed by ideas for the reform of South African private international law in this regard.

Maternal HIV and Adolescent Functioning in South Africa: The Role of the Mother-Child Relationship

2019 ◽  
Vol 40 (1) ◽  
pp. 83-103
Author(s):  
Rebecca Hill LeCroix ◽  
Wing Yi Chan ◽  
Chris Henrich ◽  
Frances Palin ◽  
Jenelle Shanley ◽  
...  
Keyword(s):  
Maternal Health ◽  
South African ◽  
Structural Equation ◽  
The United States ◽  
Equation Modeling ◽  
Psychosocial Effects ◽  
South Africans ◽  
Child Relationship ◽  
Mother Child Relationship

Black South Africans are disproportionately affected by HIV compared with White counterparts. In their unique social context, South African families affected by HIV are vulnerable to adverse psychosocial effects. U.S.-based and emerging South African research suggests mothers living with HIV may experience compromised parenting. In the United States, mother-child relationship quality has been associated with internalizing (anxiety, depression) and externalizing (delinquency, acting out) child behaviors. This study adds to South African research with emphasis on the role of the mother-child relationship among HIV-affected South Africans from multiple communities. Structural equation modeling examined relationships between maternal health and child adjustment, operating through mother-child relationship. The best-fitting model suggested maternal health influences youth externalizing behaviors through the mother-child relationship, but that maternal health is directly related to child internalizing problems. Findings support and extend previous results. Further research would benefit from investigating ways the unique South African context influences these variables and their interactions.

40 YEARS ONWARDS: REAPPRAISING QWAQWA AFTER 20 YEARS OF DEMOCRACY IN SOUTH AFRICA

2016 ◽  
Vol 3 (2) ◽  
pp. 94-103
Author(s):  
Barend Van der Merwe ◽  
Tshitso Challa
Keyword(s):  
South Africa ◽  
South African ◽  
First World War ◽  
World War ◽  
South Africans ◽  
The First World War ◽  
Historical Objects ◽  
First World ◽  
Key Questions

Archiving is a process that involves the carefully documented storage of historical objects and documents. History involves events that we choose to remember or forget, nevertheless, the year 2014 is no insignificant year. Not only did South Africans celebrate 20 years of democracy, it was also 100 years since the outbreak of the First World War (1914–1918), the Rebellion of South Africa, as well as the establishment of the National Party of South Africa. It also marked 40 years since the establishment of Qwaqwa, a former “homeland” of South Africa. This article critically reflects on the establishment of Qwaqwa by introducing its records and exploring the key questions: What is the main legacy of the establishment of Qwaqwa for South Africans? How was Qwaqwa managed and who were its influential leaders? Against this backdrop, this article will also discuss the role of the Dikwankwetla Party and the resettlement aspect. It is hoped that the introduction of these records will stimulate further research into the topic of the South African homeland system and cultivate greater insights into the country’s contested history.

The role of place and identity as core contributing success factors in Jayan Moodley’s Keeping up with the Kandasamys and Kandasamys: The Wedding

2020 ◽  
Vol 12 (2-3) ◽  
pp. 229-246
Author(s):  
Sogen Moodley ◽  
Arushani Govender
Keyword(s):  
South African ◽  
Critical Analysis ◽  
Success Factors ◽  
Place Identity ◽  
Community Members ◽  
African Identity ◽  
South Africans ◽  
Box Office ◽  
Place And Identity

Keeping up with the Kandasamys (Moodley 2017), a family comedy co-written and directed by Jayan Moodley, was the first cinematic feature to be set in the post-apartheid Indian township of Chatsworth, Durban and generated R16.3 million at the box office. The film delves into the matriarchal rivalry of neighbouring families while showcasing the unique Chatsworth subculture. This box office success prompted the release of the sequel Kandasamys: The Wedding (Moodley 2019), which broke its own sales record, earning R18.9 million. As filmmakers who were intimately involved in the production of the sequel, and who engaged with viewers and community members, we provide a critical analysis, reflecting on why the films attracted large audiences and galvanized an outburst of fandom. This article postulates that Indian South African audiences identified with the authentic portrayal of the nuances of every-day life in Chatsworth, resulting in feelings of visibility and nostalgia. In attempting to explain the phenomenal support from these audiences, the authors examine theories of place identity and literature on Indian South African identity, inferring that the intersection of place, and the representation of Indian South Africans in the features, is significant to the films’ success.

scholarly journals Restructuring the Christian Fatherhood Model: A practical theological investigation into the ‘male problematic’ of father absence

2018 ◽  
Vol 74 (1) ◽  
Author(s):  
Juanita Meyer
Keyword(s):  
South Africa ◽  
South African ◽  
Family Life ◽  
Father Absence ◽  
New Paradigm ◽  
Literature Study ◽  
South Africans ◽  
Christian Churches ◽  
Practical Theological

In South Africa, ideas around fatherhood, parenthood and family life are greatly shifting as people find themselves caught up between traditional and contemporary understandings of fatherhood and motherhood. Even though more than 70% of young South Africans stated in a national survey that parenthood is one of the top four defining features of adulthood, father absence is on the increase. Some in-depth literature study was conducted regarding South African research on fatherhood and father absence, and the role of both Christian churches and secular organisations in addressing some of these challenges brought on by rapidly growing figures of father absence. The article concludes with some suggestions on the development of a new paradigm in understanding fatherhood in South Africa, with special reference to the role of Christian churches in assisting men to construct a narrative around fatherhood, which will lead to satisfying relationships with their children, their partners and especially with God.

The Status of Member States not Participating in the Euro

2001 ◽  
Vol 4 ◽  
pp. 293-314
Author(s):  
David O’Keeffe ◽  
Catherine Turner
Keyword(s):  
Economic And Monetary Union ◽  
Member States ◽  
The Third ◽  
The United Kingdom ◽  
Third Stage ◽  
The Status ◽  
Legal Position ◽  
The Uk ◽  
Heads Of State

In May 1998, the Council, meeting in the composition of Heads of State or Government, unanimously decided, in accordance with Article 121(2) EC, that eleven Member States fulfilled the necessary conditions to move towards the third and final stage of economic and monetary union (EMU) with the adoption of the single currency on 1 January 1999. This article will discuss the legal position of the Member States which did not initially progress to the third stage of EMU, in particular, the opt-outs exercised by the United Kingdom (UK) and Denmark. There follows an analysis of the extent of the UK and Danish opt-outs and the derogation which exists in relation to Sweden (and previously Greece) together with the role of these Member States in the new institutional framework as in operation from 1 January 1999. The current political discussions on the Euro taking place within the UK and Denmark will be highlighted.

scholarly journals COVID-19 resurgence: lessons learnt to inform the South African response

2021 ◽  
pp. 1-17
Author(s):  
Mathias Dzobo ◽  
Mbuzeleni Hlongwa ◽  
Knowledge Denhere ◽  
Vincent Kampira ◽  
Mathias Mugoni ◽  
...  
Keyword(s):  
South Africa ◽  
South African ◽  
Healthcare Systems ◽  
Hand Washing ◽  
Capacity Strengthening ◽  
The United Kingdom ◽  
High Risk Populations ◽  
Precautionary Measures ◽  
Pharmaceutical Interventions

Abstract The risk of recurring COVID-19 resurgences that threaten Africa’s healthcare systems, newly opened communities, schools, and businesses looms as communities abandon precautionary measures such as mask-wearing, physical distancing and regular hand washing. In this piece, we unpack the handling of both the first wave and subsequent resurgence in the context of three countries that are experiencing such a resurgence at the time of writing (December 2020) Israel, France, and the United Kingdom. While it is difficult to extrapolate on what to expect in South Africa based on experience in these three countries, South Africa’s preparedness for a COVID-19 resurgence should place emphasis on the role of expanded testing and isolation capacity, strengthening enforcement of adherence to non-pharmaceutical interventions and protection of high-risk populations.

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