scholarly journals DIE REGSTEORETIESE GRONDSLAG VAN DIE INTEGRASIEREËL IN DIE SUID-AFRIKAANSE KONTRAKTEREG

Obiter ◽  
2021 ◽  
Vol 32 (2) ◽  
Author(s):  
Thino Bekker
Keyword(s):  
South African ◽  
Critical Analysis ◽  
Theoretical Basis ◽  
Legal Rule ◽  
The South

This article focuses on an extensive critical analysis of the legal-theoretical basis of the parol evidence rule in the South African law of contract. Certain conclusions will be made from such an analysis in terms of which it will be argued that the parol evidence rule qualifies as a legal rule and that it can therefore be validly abolished or modified by the legislature.

scholarly journals THE REVISED CANADIAN TEST FOR THE EXCLUSION OF UNCONSTITUTIONALLY OBTAINED EVIDENCE

Obiter ◽  
2021 ◽  
Vol 30 (3) ◽  
Author(s):  
BC Naudé
Keyword(s):  
South African ◽  
Theoretical Basis ◽  
The South ◽  
Exclusionary Rule ◽  
New Approach ◽  
Main Motivation ◽  
Canadian Law ◽  
Administration Of Justice ◽  
Sound Theoretical Basis ◽  
Do So

Although South African courts have relied on Canadian law to interpret section 35(5) of the Constitution, they have also been hesitant to do so, since the previous Canadian approach clearly had its shortcomings. The Canadian Supreme Court's decision in R v Grant has now addressed these problems by putting forward an approach that is less rigid and more simplistic to apply. The new test reflects properly the main motivation behind a constitutionally entrenched exclusionary rule and thereby provides a sound theoretical basis for the application of such a rule. Because their new approach has brought the South African and Canadian tests closer together, more stands to be gained from future Canadian decisions in this regard. Perhaps the most important aspect of the Grant decision is that it shows why it is unnecessary to treat the two legs of the South African rule as separate tests. There should in principle be only one test: namely whether the admission of unconstitutionally obtained evidence would be detrimental to the administration of justice. 

Let’s Talk About Sex

2014 ◽  
Author(s):  
Jonas Svensson
Keyword(s):  
South African ◽  
Critical Analysis ◽  
The South ◽  
Faith Based ◽  
Aids Activism ◽  
Transnational Network ◽  
Progressive Islam ◽  
Hiv Aids

The chapter constitutes a critical analysis of how the theme of sexuality is addressed within the framework of a ‘theology of compassion’ put forward by the South African organisation Positive Muslims. The organisation’s explicit aim with this theology is to provide an ideological underpinning to HIV/AIDS activism in order to combat both the spread of the disease and the stigmatisation of those affected. The chapter argues that the specific features of the ‘theology of compassion’, and the manner in which sexuality is approached, cannot be fully understood if it is seen merely as a local African ‘faith-based’ response to HIV/AIDS. A set of factors of a transnational character, outlined and discussed in the text, influence and shape it. Of particular relevance are the connections between Positive Muslims and the contemporary hermeneutical transnational network of Progressive Islam.

Rise and #Fall: The unsuspended revolution

2019 ◽  
Vol 11 (3) ◽  
pp. 359-393
Author(s):  
Bandile Bertrand Leopeng
Keyword(s):  
South African ◽  
Critical Analysis ◽  
Documentary Film ◽  
Media Analysis ◽  
Multimodal Approach ◽  
Academic Institutions ◽  
The South ◽  
The Media ◽  
Psychosocial Perspective

This article utilizes a multimodal media analysis similar to Parker that takes place on three levels: (1) it connects an interview completed by professor Habib in a 2014 issue of the South African magazine publication Destiny Man, (2) with the events captured in photography of the 2015 #FeesMustFall protest as well as (3) the events recorded an Internet documentary entitled Decolonising Wits. This critical analysis utilizes a psychosocial perspective showing strong links between these events that led to the proliferation of decolonization in South African academic institutions as a result. The #FeesMustFall protests at Wits University is seen as a response to the inegalitarian modes of discourse present in the analysed interview, and the selected scenes of real events in the documentary film. This article includes direct quotes from that written interview, photography from the #Feesmustfall events, and links to specific scenes in the documentary film in order to provide a multimodal approach to analysing psychosocial politics in the media.

Legal Recognition for Child-Headed Households: An Evaluation of the Emerging South African Framework

2009 ◽  
Vol 17 (2) ◽  
pp. 299-320 ◽  
Author(s):  
F. Noel Zaal ◽  
Meda Couzens
Keyword(s):  
South Africa ◽  
South African ◽  
Developing Country ◽  
Critical Analysis ◽  
Best Interests ◽  
Limited Resources ◽  
The South ◽  
Legal Recognition ◽  
Aids Pandemic ◽  
Best Interests Standard

AbstractThis article evaluates legislation developed in South Africa for the legal recognition and support of child-headed households. It provides an explanation and critical analysis of new statutory provisions. We show that in a developing country with AIDS pandemic challenges and limited resources such as South Africa reasons in favour of formal legal recognition outweigh those against. We demonstrate, however, that in order to meet the best interests standard it is essential to base recognition on household viability. Our analysis indicates that, although the South African provisions are groundbreaking and of considerable value as an example for other countries, there are some deficiencies which may compromise their effectiveness. Amendments and supplementary wording are proposed.

scholarly journals South African censorship: the production & liberation of Waiting for the barbarians, by J. M Coetzee

2019 ◽  
Vol 41 (2) ◽  
pp. e45604
Author(s):  
Marilia Fatima de Oliveira ◽  
Maria Perla Araújo Morais ◽  
Andrea Martins Lameirão Mateus
Keyword(s):  
South African ◽  
Critical Analysis ◽  
Political Strategy ◽  
The South ◽  
Literary Works ◽  
Legal Instrument ◽  
South African Police ◽  
Waiting For The Barbarians

During Apartheid, South African censorship became the main legal instrument for the control and cultural tutelage of society. Censors decided which literary works could be read. Thousands of books were withdrawn from circulation, but the censorship did not achieve total success in curtailing the circulation of ideas. One novel, in particular, was released despite being not only very political, but also representing events that were – as J. M Coetzee puts it – in the minds and hearts of people of conscience during Apartheid: torture and fake reports issued by the South African police. Through documental and critical analysis, this article aims to answer one question: why Waiting for the barbarians, novel by J. M Coetzee published in 1980, was never banned? We will bring information and reflections on how the use of literary strategies, a political strategy and the exercise of censorship by a peculiar censor were crucial for the system’s circumvention.

Sign in / Sign up

Export Citation Format

Share Document