scholarly journals THE COURT’S POWER TO COMPEL DNA TESTING IN PATERNITY DISPUTES – LB v YD 2009 5 SA 463 (T)

Obiter ◽  
2021 ◽  
Vol 30 (3) ◽  
Author(s):  
Waheeda Banoobhai ◽  
Shannon Hoctor
Keyword(s):  
South African ◽  
Blood Cells ◽  
Dna Testing ◽  
The South ◽  
Biological Father ◽  
Acceptable Result ◽  
Blood Tests ◽  
Voluntary Testing ◽  
Made In ◽  
Paternity Cases

A fundamental scientific breakthrough was made in 1900 by Landsteiner, who demonstrated that the red blood cells of some individuals contained different chemical substances from the blood cells of others; and that all blood could be classified into a small number of groups. In accordance with recognized principles of genetics these characteristics are transmitted from one generation to another, and thus “[A] comparison of the characteristics of a child’s blood with that of his mother and a particular man may show that the man cannot be the father … [and] if it is known that at the material times the mother had had intercourse only with H (her husband) and X and the blood test excludes H but not X, then X must be the father”. Whilst English courts began to accept such evidence in paternity cases, Heaton points out that until a few decades ago the unreliability of blood tests meant that they were seldom employed in such cases in South Africa. A further complication in the use of these tests as a means of determining parentage, however, related to the fact that in order for an acceptable result to ensue it was necessary to have samples not only from a child but also from the adults involved. What if an adult refused to be tested, or a parent refused to allow the child to undergo a test? The South African courts initially held that they could not compel any person to undergo blood tests, although they were prepared to accept evidence obtained through voluntary testing. The potential consequences of the courts refusing to compel testing are that a non-biological “father” will be compelled to maintain the child. More recently the South African courts have seen fit to order blood tests in paternity disputes, although whether such orders should be made remains controversial. The latest case dealing with this issue is that of LB v YD (2009 5 SA 463 (T)). (Leave to appeal the decision in this matter was dismissed in YD v LB (A) 2009 5 SA 479 (GNP)).

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.

scholarly journals V.—The Fauna of the Bokkeveld Beds

1907 ◽  
Vol 4 (4) ◽  
pp. 165-171 ◽  
Author(s):  
F. R. Cowper Reed
Keyword(s):  
New Species ◽  
South America ◽  
South African ◽  
The South ◽  
Poor State ◽  
Working Hypotheses ◽  
Made In

It is useful from time to time to take stock of our knowledge in connection with such a geological problem as that of the fauna of the Bokkeveld Beds, so that we may ascertain to what stage in the process of its elucidation we have arrived, and may note the direction in which the evidence is pointing. An indication of the principal gaps in our knowledge may also be obtained in this manner, and new suggestions as to the more promising lines of investigation. The conclusions arrived at from such a survey may be employed tentatively as working hypotheses, but it may be premature to base upon them confident generalisations. Approaching the question of the composition, relations, origin, and distribution of the Bokkeveld fauna in this spirit of caution and with the foregoing objects in view, we find firstly that a considerable advance has been made in our knowledge of it and allied faunas during the last few years. The researches of Ulrich, Kayser, Clarke, Katzer, Thomas, and others in South America have given us an immense amount of fresh information on the Devonian faunas of that continent, and the South African fossils themselves have been studied by Lake, Schwarz, and the author. Their general poor state of preservation is a matter of regret, but the increase in the material available has cleared away some of the difficulties met with by Salter and other previous workers. Much undoubtedly remains to be learnt from work in the field, and we may expect further yields of new species from different localities in the immense area still to be explored.

scholarly journals The militarisation of the Platfontein San (!Xun and Khwe): The initial years 1966–1974

2014 ◽  
Vol 10 (4) ◽  
Author(s):  
A S Van Wyk
Keyword(s):  
South Africa ◽  
South African ◽  
The South ◽  
Security Forces ◽  
Political Events ◽  
Northern Cape ◽  
Liberation Movements ◽  
Made In

The resettlement of 372 San (Bushmen) soldiers with dependents from 31/201 and 203 Battalions in Namibia to Schmidtsdrift in the Northern Cape during March 1990 was the last chapter in the process of militarisation of the !Xun and Khwe communities. However, there is a popular perception that the South African Defence Force (SADF) was primarily responsible for the militarisation of this particular San community, with the founding of 31 Battalion during 1974. This ignores the fact that the !Xun and Khwe originated in Angola, where they were actively involved with the Portuguese security forces. With one exception, only superficial mention is made in the literature about the role of the San soldiers in Angola before independence in November 1975. This article shows that the militarisation of the San actually started in 1966, when members of the !Xun were recruited by the Portuguese Security Police (PIDE) and successfully used against the Angolan liberation movements MPLA, FNLA and UNITA. The lifestyle of the San before the PIDE era is discussed, as is the period in which they were raised to a superior status as flecha fighters. This period of military prowess ended with the independence of Angola and resulted in the !Xun and Khwe seeking refuge with the SADF. These geo-political events led to the founding of 31 Battalion, situated in the Western Caprivi, where former flecha soldiers were retrained and incorporated into SADF structures. In closing, brief mention is made of the resettlement of the !Xun and Khwe to Schmidtsdrift in South Africa.

scholarly journals Occupational segregation of work and income disparities among South African women

2002 ◽  
Vol 5 (1) ◽  
pp. 111-122 ◽  
Author(s):  
P. Lalthapersad
Keyword(s):  
Labour Market ◽  
South African ◽  
African Women ◽  
The South ◽  
Female Workers ◽  
Income Disparities ◽  
Different Types ◽  
South African Women ◽  
Wage Disparities ◽  
Made In

Despite the increase in the number of women participating in the South African labour market in recent years, little progress has been made in removing wage disparities, eradicating women's marginality in the labour market, reassessing women's work or changing the traditional occupational ghettos of women. Not only does the South African labour market exhibit anomalies in respect of the gender composition of occupations, there are substantial differences by race. A good barometer of determining the extent to which men and women undertake different types of jobs, is to analyse the percentage of male and female workers per occupational category.

Modeling Long-term Commodities: the Development of a Simulation Model for the South African Wine Industry within a Partial Equilibrium Framework

2009 ◽  
Vol 4 (2) ◽  
pp. 201-218
Author(s):  
Sanri Reynolds ◽  
Ferdinand Meyer ◽  
Michela Cutts ◽  
Nick Vink
Keyword(s):  
South African ◽  
Jel Classification ◽  
Wine Industry ◽  
Partial Equilibrium ◽  
Model Structure ◽  
The South ◽  
Demand And Supply ◽  
Long Time ◽  
Made In

AbstractEconometric demand and supply models of agricultural commodities and crops have been around for a long time with extensive research and adaptations being made in the grain and livestock sectors. This much attention has, however, not been afforded to long term commodities. This paper presents a partial equilibrium framework for modeling long term commodities using the South African wine industry as an example. The model structure is presented and two different approaches to closing the model are compared. The usefulness of the model is tested in the form of baseline projections and the analysis of a typical “what if” question. (JEL Classification: D5, L66, Q11)

scholarly journals Le Roux v Dey and Children's Rights Approaches to Judging

2018 ◽  
Vol 21 ◽  
pp. 1-27
Author(s):  
Meda Couzens
Keyword(s):  
South African ◽  
Children's Rights ◽  
Legal Framework ◽  
Children’S Rights ◽  
The South ◽  
Majority Decision ◽  
Stark Contrast ◽  
Made In

The South African jurisprudence on the rights of children is vibrant and generally progressive, and is supported by an enabling constitutional and statutory framework. The majority decision in Le Roux v Dey 2011 3 SA 274 (CC), however, ignores the rights of children, and this is in stark contrast to some of the minority judgments in the same case. This contrast is surprising, considering that all of the judges applied the same legal framework. With reference to an emerging interest in defining children's rights approaches to judging, this article critically analyses the majority and minority judgments, and establishes their vulnerabilities and strengths as children's rights judgments. In the process, suggestions are made in relation to defining a children's rights approach to judging.

A PROPOSED MODEL FOR THE APPOINTMENT AND DISMISSAL OF THE NATIONAL COMMISSIONER OF THE SOUTH AFRICAN POLICE SERVICE: A COMPARATIVE STUDY

2014 ◽  
Vol 1 (1) ◽  
pp. 68-89
Author(s):  
M Montesh
Keyword(s):  
South Africa ◽  
South African ◽  
The South ◽  
Police Service ◽  
Section 8 ◽  
South African Police Service ◽  
South African Police ◽  
Police Commissioner ◽  
National Police ◽  
Made In

When South Africa’s first democratically elected president was inaugurated on 10 May 1994, South Africans were anxious to see who would be leading the police service. Nelson Mandela followed his heart without bowing to political pressure and appointed seasoned police official Commissioner George Fivaz. Although the Interim Constitution Act 200 of 1993 was silent on the powers of the President to appoint the national commissioners, this appointment was made in terms of section 214(1) of that Act. At the time George Fivaz’s term expired, Mandela was also bowing out of the political limelight. When Thabo Mbeki assumed the presidency in 1999, he appointed Jackie Selebi, a former Umkhonto we Sizwe (MK) cadre, who came from the Department of Foreign Affairs without any policing experience. This appointment was made in terms of section 207 of the Constitution of the Republic of South Africa, read with section 7(1)(a) of the South African Police Service Act 68 of 1995. Section 8(1) of the South African Police Service Act stipulates that ‘if the National Commissioner has lost the confidence of the Cabinet, the President may establish a board of inquiry to inquire into the circumstances that led to the loss of confidence, compile a report and make recommendations.’ After serving his first term, reports of Selebi’s involvement in the criminal underworld began to emerge. As a result of these reports, the then Directorate of Special Operations (the Scorpions) investigated Selebi’s involvement in corrupt activities. In 2007, Selebi was charged inter alia with two counts of corruption; in 2010, he was found guilty of corruption and sentenced to 15 years’ imprisonment. Surprisingly, on 2 August 2009, President Jacob Zuma appointed General Bheki Cele, who also came from an MK background without any policing experience, as the third National Police Commissioner. Within a year, reports of Cele’s involvement in illegal lease deals began to emerge and the office of the Public Protector was called in to investigate the allegations. As a result of its findings of improper conduct and maladministration, he was suspended in 2011 and a commission of inquiry was established in terms of section 8(1) of the South African Police Service Act 68 of 1995 to find out whether the Commissioner was fit to hold office. General Cele was fired for maladministration and corruption and was replaced by General Riah Phiyega, who also did not have any policingexperience. A few months after her taking office, the Marikana incident occurred and all the blame for it has been directed at the National Commissioner, although the commission has not yet finalised its mandate. In view of the above-mentioned incidents, it is clear that there is a problem with the way in which the National Commissioner is appointed. This article seeks to unravel the powers of the president in appointing the National Police Commissioner and discuss the cases of the two former incumbents who bowed out of office in disgrace without completing their terms of office. It also includes a comparative study with countries such as Kenya, Northern Ireland, Uganda, Canada and selected countries from the Caribbean islands. As a way forward, a new model for appointing and dismissing the National Commissioner for South Africa is proposed.

scholarly journals Can legal remedy be used to address bullying and cyberbullying in South African schools?

2018 ◽  
Vol 71 (1) ◽  
pp. 66-80
Author(s):  
Mariëtte (J. M.) Reyneke ◽  
Lynette Jacobs
Keyword(s):  
South African ◽  
The South ◽  
Face To Face ◽  
Legal Response ◽  
Legal Remedies ◽  
Legal Remedy ◽  
African Context ◽  
Definition Of ◽  
One Act ◽  
Made In

AbstractBullying is part of the reality of teachers and learners all over the world. While other forms of bullying are limited to the time when learners interact face-to-face, cyber­bullying follows learners via their electronic devices wherever they go. Bullying negatively affect victims and amongst others result in anxiety, low self-esteem and poor academic performance. In some instances, victims become suicidal. Prevent­ing and counteracting bullying requires interventions on several level, and one pos­sibility is to take a legal response. In this paper, the South African legal response is considered. There are several legislative and common law remedies available to victims, but these are not without challenges. Explicit reference to bullying is made in only one act, namely the Children’s Act but no definition of bullying or cyberbul­lying is provided. It is clear that while there are sufficient legal remedies available in the South African context, to address bullying and cyberbullying, particularly with the emphasis on Human Rights and the rights of children, the suitability of legal action is questionable.

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