scholarly journals THE SOUTH AFRICAN ACT REVISITED – SOME CONSTITUTIONAL AND POLITICAL REFLECTIONS ON LESSONS LEARNT FROM THE CENTENARY OF THE UNION OF SOUTH AFRICA IN 1910

Obiter ◽  
2021 ◽  
Vol 32 (1) ◽  
Author(s):  
GE Devenish
Keyword(s):  
South Africa ◽  
South African ◽  
Political Development ◽  
The South ◽  
Cape Of Good Hope ◽  
Cardinal Characteristics ◽  
Unitary Model ◽  
Role Players ◽  
Political Configuration ◽  
Vexed Question

Just over a hundred years ago South Africa became a politically united state governed by the South Africa Act of 1909, which constituted the first constitution for a territory comprised of the four erstwhile British colonies of the Cape of Good Hope, Natal, the Transvaal and the Orange River Colony. This article revisits this historic constitution and attempts to revaluate its cardinal characteristics in the light of our subsequent constitutional and political development. This article also examines the constitutional and political configuration of the South Africa Act and how it came into being through a so-called National Convention and the part played by the prominent politicians and role players of the day. It examines the constitutional precedents that were available at the time. The crucial issues relating to the nature of the state that was to be established and why a unitary model and not a federation was adopted,are explained. It also considers the vexed question of the franchise and how a compromise was reached in this regard. Other important issues on which decisions had to be taken such as, inter alia, language, native and Indians affairs, are examined and evaluated. The article attempts to address certain important constitutional and political lessons that can be learnt from such an evaluation. 

scholarly journals VII. The action of the venom of sepedon hæmachates of South Africa

1909 ◽  
Vol 200 (262-273) ◽  
pp. 241-269 ◽  
Keyword(s):  
South Africa ◽  
South African ◽  
British Museum ◽  
The Other ◽  
The South ◽  
Cape Of Good Hope

Sepedon hæmachates has received other names, such as Naja hæmachates, Naja Capensis , and Aspidelaps hæmachates . It is found at the Cape of Good Hope, Namaqualand, Clanwilliam, and elsewhere in South Africa. It is known to the Dutch as “Rhinghals” and “Spuwslang,” and in Cape Colony also as the “Brown Snake.” It measures about 2 feet in length, and has the reputation of being one of the most lethal of the South African snakes. Being a Colubrine of the sub-family of the Elapinæ, it is therefore closely related, in zoological characters, to the members of the Naja genus which includes the deadly Cobras and Hamadryad. So far as we have been able to ascertain, the action of this venom has not before been examined. The Sepedon venom used in this investigation was extracted from eight dried glands: two of which were sent to one of us, in 1898, by Mr. J. W. van Putten, of van Putten’s Vlei, Clanwilliam, and the other six, in 1901, by Dr. Robertson, of the Agricultural Department of Cape Colony. To these gentlemen we take this opportunity of expressing our great indebtedness. The glands had been removed in South Africa from recently killed serpents, cleared of adhering fat and other extraneous matter, and then thoroughly and quickly dried by being hung up in a warm and airy place. Along with the dried glands, there were sent the heads of several of the serpents from which these glands had been removed. The latter were submitted to Mr. Boulenger, F. R. S., of the British Museum, and he confirmed the identification of their being heads of Sepedon hæmachates .

scholarly journals ’n Teologies-etiese beoordeling van onwettige immigrasie

2010 ◽  
Vol 44 (3/4) ◽  
Author(s):  
E.J. De Beer
Keyword(s):  
South Africa ◽  
South African ◽  
Illegal Immigration ◽  
Illegal Immigrants ◽  
Immigrant Workers ◽  
The South ◽  
African Government ◽  
The Bible ◽  
Role Players ◽  
Effective Policy

A theological-ethical judgement of illegal immigration The immigration of people is a growing global phenomenon. People immigrate to South Africa mainly for economic purposes. Not all immigrants are,however, legally in the country. It is not certain how many illegal immigrants are in the country. The South African government does not have a clear, effective policy on how to solve the problem of illegal immigration. In this article the influence of illegal immigration on the South African labour sphereis analysed. The aim of the article is to give guidance from the Bible to role players on how their disposition should be concerning the problem of illegal immigrant workers. In the article the extent and causes of illegal immigration are investigated. Thisis followed byprobing into the effects of illegal immigration on the South African labour sphere and the action taken by the authorities to solve the problem. The influence of illegal immigration on labour in South Africa is judged according to biblical principals. In the assess-ment guidance is given as to what the disposition of different role players should be concerning the set problem.

scholarly journals Management of employee wellness in South Africa: Employer, service provider and union perspectives

2011 ◽  
Vol 9 (1) ◽  
Author(s):  
Charlotte Sieberhagen ◽  
Jaco Pienaar ◽  
Crizelle Els
Keyword(s):  
South Africa ◽  
South African ◽  
Service Providers ◽  
Employee Wellness ◽  
South African Context ◽  
The South ◽  
Cross Sectional ◽  
Labour Unions ◽  
Role Players ◽  
African Context

Orientation: This article focuses on how South African organisations manage their employees’ wellness through their Employee Wellness Programmes (EWPs). Research purpose: The objective of this research is to describe employee wellness in South Africa by investigating the types, foci and perceived success of EWPs.Motivation for the study: Despite the growing awareness of the importance of EWPs in South Africa, the nature, content, context, participants, role-players and anticipated benefits as well as the possible drawbacks of these programmes in the South African context are unclear.Research design, approach and method: The researchers used a cross-sectional design. The first author developed the Employee Wellness Survey, consisting of quantitative and qualitative questions, to collect data from 16 organisations, four service providers and seven labour unions in South Africa.Main findings: The results showed that organisations, service providers and labour unions define employee wellness differently and that these role players give different reasons for introducing EWPs. Almost half of the participating organisations have no baseline measurement with which to compare the effectiveness of their EWPs. Generally, all the organisations present the results of their programmes reasonably. However, the programmes involve little overall expenditure to the organisations.Practical/managerial implications: Organisations should monitor the state of their employees’ wellness in order to manage it effectively. This will only become possible when information about employee wellness improves.Contribution/value-add: This study provides new information about the nature, content, context, participants, role-players, anticipated benefits and possible drawbacks of EWPs in the South-African context.

scholarly journals Post-1994 labour legislations: An overview of influence on employment relations in emerging markets

2020 ◽  
Vol 9 (4) ◽  
pp. 94-105
Author(s):  
David Isaac Ntimba ◽  
Karel Frederick Lessing ◽  
Ilze Swarts
Keyword(s):  
South Africa ◽  
South African ◽  
Trade Unions ◽  
Employment Relations ◽  
Workplace Relationships ◽  
The South ◽  
New Era ◽  
Role Players ◽  
African Perspective ◽  
Labour Legislation

The purpose of this paper is to provide an overview of the primary labour legislation that was promulgated after the democratization of South Africa after 1994. These legislations were introduced as regulatory and corrective measures for workplace relationships in work organizations (Booysen, 2005; Vettori, 2018). The data for this paper was collected through the perusal of scientific journals, newspaper articles, published/unpublished dissertations and theses, textbooks, and other relevant informative documents. The significant and influential role, which these labour legislations played in the development of a new era of employment relations in South Africa, cannot be overstated. The South African perspective of employment relations is also presented and discussed in this paper to reveal its nature and its role-players, such as the state, trade unions, and employers’ organizations (Ehlers & Jordaan, 2016; Smith & Diedericks, 2016). The workplace relationship between employers (through their management) and employees (through their trade unions), and the effects which such an antagonistic relationship has had on the South African labour market are also addressed (Finnemore & Koekemoer, 2018). The main finding of this paper is that there has been an improvement in workplace relationships, since the implementation of the post-1994 labour legislation although such improvement has been gradual.

scholarly journals The Different Worlds of Labour and Company Law: Truth or Myth?

2017 ◽  
Vol 17 (5) ◽  
pp. 2103
Author(s):  
Monray Marsellus Botha
Keyword(s):  
South Africa ◽  
South African ◽  
Trade Unions ◽  
Employee Participation ◽  
Company Law ◽  
Major Influence ◽  
The South ◽  
Labour Law ◽  
Bottom Line ◽  
Role Players

Recently the South African company law landscape underwent a dramatic overhaul with the introduction of the Companies Act 71 of 2008. Central to company law is the promotion of corporate governance. It is clear that companies are no longer accountable just to their shareholders but also to society at large. Leaders should, for example, direct company strategies and operations with a view to achieving the triple bottom-line (economic, social and environmental performance) and should thus also manage the business in a sustainable manner. An important question in company law still today is in whose interest the company should be managed. Different stakeholders of importance to companies include shareholders, managers, employees, creditors etcetera. The Companies Act aims to balance the rights and obligations of shareholders and directors within companies, and it encourages the efficient and responsible management of companies. When considering the role of employees in corporations it must be noted that the Constitution grants every person a fundamental right to fair labour practices. Social as well as political changes were evident after South Africa's re-entering the world stage in the 1990s. Changes in socio-economic conditions within a developing country were also evident. These changes had a major influence on the South African labour law dispensation. Like company law, labour law is to a large extent also codified. Like company law, no precise definition of labour law exists. It is clear from the various definitions of labour law that it covers both the individual and collective labour law and that various role-players are involved. Some of these role-players include trade unions, employers/companies, employees, and the state. The various relationships between these parties are ultimately what will guide a certain outcome if there is a power play between them. In 1995 the South African labour market was transformed with the introduction of the Labour Relations Act 66 of 1995. The LRA remains the primary piece of labour legislation that governs labour law in South Africa. The notion of industrial democracy and transformation of the workplace are central issues in South African labour law. This is due to the constitutional changes that have taken place in South Africa, where the protection of human rights and the democratisation of the workplace are advanced. Before the enactment of the LRA, employee participation and voice was a much-debated topic not only locally but also internationally. It is therefore essential when considering employee participation to take due cognisance of both the labour and company law principles that may be pertinent, as well as the need for workers to have a voice in the workplace and for employers to manage their corporations. This article will attempt to indicate how the different functions, theories and models of labour and company law accommodate and promote the interests of employees in corporations and will also attempt to reconcile these differences.

Foreigners' Rights to Work and Fair Labour Practices in South Africa: A Review of the South African Labour Legislation and Jurisprudence

2020 ◽  
Vol 35 (1) ◽  
Author(s):  
Andre Mangu
Keyword(s):  
South Africa ◽  
Human Rights ◽  
South African ◽  
Bill Of Rights ◽  
The South ◽  
Legislation And Jurisprudence ◽  
Foreign Nationals ◽  
Lay Persons ◽  
Democratic State ◽  
Labour Legislation

After several decades of apartheid rule, which denied human rights to the majority of the population on the ground of race and came to be regarded as a crime against humanity, South Africa adopted its first democratic Constitution in the early 1990s. The 1996 Constitution, which succeeded the 1993 interim Constitution, is considered one of the most progressive in the world. In its founding provisions, it states that South Africa is a democratic state founded on human dignity, the achievement of equality, the advancement of human rights and freedoms. The Constitution enshrines fundamental human rights in a justiciable Bill of Rights as a cornerstone of democracy. Unfortunately, in the eyes of a number of politicians, officials and lay-persons, the rights in the Bill of Rights accrue to South African citizens only. Xenophobia, which has been rampant since the end of apartheid, seems to support the idea that foreigners should not enjoy these rights. Foreign nationals have often been accused of posing a threat to South African citizens with regard to employment opportunities. In light of the South African legislation and jurisprudence, this article affirms the position of the South African labour law that foreign nationals are indeed protected by the Constitution and entitled to rights in the Bill of Rights, including the rights to work and fair labour practices.

The Engagement of Beneficiaries in Farm Governance of Restituted Land through the Communal Property Association Model: The Ideal Versus the Reality of Beneficiary Farms in South Africa

2019 ◽  
Vol 16 (2) ◽  
Author(s):  
Mokoko Piet Sebola ◽  
Malemela Angelinah Mamabolo
Keyword(s):  
South Africa ◽  
South African ◽  
Land Reform ◽  
Farm Management ◽  
The South ◽  
African Government ◽  
Communal Property ◽  
Farm Ownership ◽  
Land Restitution ◽  
Communal Property Associations

The purpose of this article is to evaluate the engagement of farm beneficiaries in South Africa in the governance of restituted farms through communal property associations. The South African government has already spent millions of rands on land restitution to correct the imbalance of the past with regard to farm ownership by the African communities. Various methods of farm management to benefit the African society have been proposed, however, with little recorded success. This article argues that the South African post-apartheid government was so overwhelmed by political victory in 1994 that they introduced ambitious land reform policies that were based on ideal thinking rather than on a pragmatic approach to the South African situation. We used qualitative research methods to argue that the engagement of farm beneficiaries in farm management and governance through communal property associations is failing dismally. We conclude that a revisit of the communal property associations model is required in order to strengthen the position of beneficiaries and promote access to land by African communities for future benefit.

Exploring the South African Government Communication on Land Expropriation without Compensation

2020 ◽  
Vol 72 (1-3) ◽  
Author(s):  
Lungisani Moyo
Keyword(s):  
South Africa ◽  
Food Security ◽  
South African ◽  
Small Scale ◽  
South African Government ◽  
Eastern Cape ◽  
The South ◽  
Land Expropriation ◽  
African Government ◽  
Government Communication

ABSTRACT This paper used qualitative methodology to explore the South African government communication and land expropriation without compensation and its effects on food security using Alice town located in the Eastern Cape Province South Africa as its case study. This was done to allow the participants to give their perceptions on the role of government communication on land expropriation without compensation and its effects on South African food security. In this paper, a total population of 30 comprising of 26 small scale farmers in rural Alice and 4 employees from the Department of Agriculture (Alice), Eastern Cape, South Africa were interviewed to get their perception and views on government communications and land expropriation without compensation and its effects on South African food security. The findings of this paper revealed that the agricultural sector plays a vital role in the South African economy hence there is a great need to speed up transformation in the sector.

Book review: Jansen, J. 2017. As by Fire: The End of the South African University. Cape Town: Tafelberg.

2017 ◽  
Vol 1 (1) ◽  
pp. 117
Author(s):  
Jared McDonald
Keyword(s):  
South Africa ◽  
South African ◽  
Teaching And Learning ◽  
Cape Town ◽  
The South ◽  
Scholarship Of Teaching ◽  
Creative Commons ◽  
Vice Chancellor ◽  
The University

Dr Jared McDonald, of the Department of History at the University of the Free State (UFS) in South Africa, reviews As by fire: the end of the South African university, written by former UFS vice-chancellor Jonathan Jansen.    How to cite this book review: MCDONALD, Jared. Book review: Jansen, J. 2017. As by Fire: The End of the South African University. Cape Town: Tafelberg.. Scholarship of Teaching and Learning in the South, [S.l.], v. 1, n. 1, p. 117-119, Sep. 2017. Available at: <http://sotl-south-journal.net/?journal=sotls&page=article&op=view&path%5B%5D=18>. Date accessed: 12 Sep. 2017.   This work is licensed under the Creative Commons Attribution 4.0 International License.To view a copy of this license, visit http://creativecommons.org/licenses/by/4.0/

Dilution studies on three marine outfalls in South Africa

1995 ◽  
Vol 32 (2) ◽  
pp. 297-304
Author(s):  
Willem A. M. Botes ◽  
J. F. Kapp
Keyword(s):  
South Africa ◽  
South African ◽  
Field Data ◽  
Prediction Models ◽  
Feasibility Studies ◽  
The South ◽  
Average Current ◽  
Predicted Values ◽  
Prediction Techniques ◽  
Domestic Effluent

Field dilution studies were conducted on three “deep” water marine outfalls located along the South African coast to establish the comparibility of actual achievable initial dilutions against the theoretical predicted values and, where appropriate, to make recommendations regarding the applicability of the different prediction techniques in the design of future outfalls. The physical processes along the 3000 km long coastline of South Africa are diverse, ranging from dynamic sub-tropical waters on the east coast to cold, stratified stagnant conditions on the west coast. Fourteen existing offshore marine outfalls serve medium to large industries and various local authorities (domestic effluent). For this investigation three outfalls were selected to represent the range of outfall types as well as the diversity of the physical conditions of the South African coastline. The predicted dilutions, using various approaches, compared well with the measured dilutions. It was found that the application of more “simple” prediction techniques (using average current velocities and ambient densities) may be more practical, ensuring a conservative approach, in pre-feasibility studies, compared to the more detailed prediction models, which uses accurate field data (stratification and current profiles), when extensive field data is not readily available.

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