scholarly journals MISATTRIBUTED PATERNITY Nel v Jonker (WCHC) unreported case number A653/2009 dated 2001-02-17

Obiter ◽  
2021 ◽  
Vol 33 (1) ◽  
Author(s):  
Marita Carnelley ◽  
Shannon Hoctor
Keyword(s):  
South Africa ◽  
Detailed Survey ◽  
Introductory Overview ◽  
Case Number

The purpose of this note is to set out the problem of misattributed paternity and to determine the rights of the parties to such a dispute in South Africa, in the light of the current legal view of paternity. Although the case touched on these questions, the court was unable to consider all the issues and make specific findings as a result of the poorly drafted pleadings and the lack of evidence before it. This note therefore seeks to provide an introductory overview of the concept of misattributed paternity, in particular focusing onthe financial aspects of this problem and, specifically, the possibility of reclaiming any maintenance amounts already paid towards the upkeep of the child. The question will further be addressed: If there is a claim, from whom can be claimed and what would the basis of such a claim be? Although this note does not engage in a detailed survey of relevant comparative authority, references to selected arguments used in foreign cases are included to assess the possible applicability of these arguments in similar disputes in South Africa.

scholarly journals The Position of Constitutional Complaint in the Constitutional Court of the Republic of Indonesia

2021 ◽  
Vol 2 (1) ◽  
pp. 61-78
Author(s):  
Agsel Awanisa ◽  
Yusdianto Yusdianto ◽  
Siti Khoiriah
Keyword(s):  
South Africa ◽  
South Korea ◽  
Judicial Review ◽  
Research Method ◽  
Comparative Approach ◽  
Constitutional Court ◽  
Legal Research ◽  
Conceptual Approach ◽  
The Republic ◽  
Case Number

The purpose of this research is to determine the constitutional complaint mechanism based on comparisons in other countries, practices, and adaptation of constitutional complaints under the authority of the Constitutional Court of the Republic of Indonesia. Many cases with constitutional complaint substance have been submitted to the Constitutional Court of the Republic of Indonesia even though they don’t have this authority. This research uses a normative legal research method using a statutory approach, a conceptual approach, a comparative approach, and a case approach. This research indicates that the constitutional complaint mechanism in Germany, South Korea, and South Africa has been well implemented. In practice, cases with constitutional complaint substance are filed to the Constitutional Court of the Republic of Indonesia by changing the form by using the legal means of a judicial review, such as case number 16/PUU-VI/ 2008, case number 140/PUU-XIII/2015 and case number 102/PUU-VII/2009. Due to the consideration of the structure, substance, and culture of law, adaptation of constitutional complaint within the authority of the Constitutional Court of the Republic of Indonesia needs to be carried out by amending Law Number 24 of 2003 jo. Law Number 7 of 2020 concerning the Constitutional Court.

scholarly journals TERMINATION OF DEBT REVIEW IN TERMS OF SECTION 86(10) OF THE NATIONAL CREDIT ACT AND THE RIGHT OF A CREDIT PROVIDER TO ENFORCE ITS CLAIM Standard Bank of South Africa Ltd v Kruger (unreported case number 45438/09 (GSJ)) and Standard Bank of South Africa L

Obiter ◽  
2021 ◽  
Vol 31 (3) ◽  
Author(s):  
Melanie Roestoff
Keyword(s):  
South Africa ◽  
Review Process ◽  
Credit Agreement ◽  
The Right ◽  
National Credit Act ◽  
Case Number

One of the purposes of the National Credit Act 34 of 2005 (NCA) is to protect consumers by inter alia providing mechanisms for resolving overindebtedness. Section 86 of the NCA provides for such measure in that it allows a consumer to apply to a debt counsellor to conduct a debt review of the credit agreements to which he is a party and to be declared over-indebted. One of the first steps in the debt review process is therefore, a determination by the debt counsellor whether the consumer is over-indebted, likely to become over-indebted, or not over-indebted at all. Where the debt counsellor concludes that the consumer is indeed over-indebted, section 86(7)(c) requires of the debt counsellor to issue a proposal recommending that the Magistrate’s Court make an appropriate order to declare one or more of the consumer’s credit agreements to be reckless credit (if applicable) and/or to re-arrange or restructure theconsumer’s obligations. In terms of section 86(8)(b) the debt counsellor is also obliged to refer the recommendation to the Magistrate’s Court for a hearing under section 87. In Standard Bank of South Africa Ltd v Kruger (unreported case number 45438/09 (GSJ)) and Standard Bank of South Africa Ltd v Pretorius (unreported case number 39057/09 (GSJ)) the court (Kathree-Setiloane AJ)had to interpret section 86(10) of the Act which provides as follows: “If a consumer is in default under a credit agreement that is being reviewed in terms of this section, the credit provider in respect of that credit agreement may give notice to terminate the review in the prescribed manner to – (a) the consumer; (b) the debt counsellor; and (c) the National Credit Regulator, at any time at least 60 business days after the date on which the consumer applied for debt review.” The court had to determine whether the credit provider in casu was entitled to terminate the debt review in terms of section 86(10) and thereafter to proceed with the enforcement of the credit agreements in circumstances where the debt counsellor had referred the debt review matter to the Magistrate’s Court for a hearing in terms of section 87 of the Act. In what follows, the facts and decision in Kruger and Pretorius will be analysed and commented on. In addition, relevant provisions of the Act pertaining to the termination of debt review proceedings and the credit provider’s right to enforce its claim will also be interpreted and commented on. Regarding the credit provider’s right to enforce its claim the position where the debt review process is still pending whilst the matter has not been referred to the Magistrate’s Court for determination yet, will be distinguished from the position where the matter has indeed been referred to the Magistrate’s Court.

scholarly journals De fascinatie blijft: Recente Nederlandse reisliteratuur over het nieuwe Zuid-Afrika

Literator ◽  
2015 ◽  
Vol 36 (1) ◽  
Author(s):  
Loes Nas
Keyword(s):  
South Africa ◽  
Travel Literature ◽  
New South ◽  
Close Reading ◽  
Non Fiction ◽  
Introductory Overview ◽  
Short Period ◽  
Dutch Language

The fascination continues: Recent Dutch travel literature about the new South Africa. Recently, and within a relatively short period of time, ten Dutch language non-fiction books on the new South Africa were published. Dutch authors apparently continue to be fascinated by the history and inhabitants of this country and after more than fifteen years of democracy try to take stock of it from a Dutch perspective. Thus, in 2009 an epistolary travel report was published by Dylan van Eijkeren, Ik zag een aap: reisbrieven uit het nieuwste Zuid-Afrika, and Bram Vermeulen, correspondent for the quality paper NRC Handelsblad, wrote Help, Ik ben blank geworden: bekentenissen van een Afrika correspondent. From diverging perspectives these two authors reported on their experiences, expectations and disappointments in respect of the new South Africa. The travel writer experiences a modern version of the Great Trek whereas the journalist tries to fathom the complexity of the country after a blood bath. The article starts with an introductory overview of recent Dutch non-fiction on South Africa, placed in the context of postcolonial travel literature. This is followed by a close reading of the said two diverging texts.

scholarly journals H.G. Stoker (1999–1993) as Christelike filosoof: ’n Historiese legende en ikoon, of nog steeds ’n kontemporêre mentor?

2013 ◽  
Vol 47 (1) ◽  
Author(s):  
Barend J. Van der Walt
Keyword(s):  
South Africa ◽  
South African ◽  
Philosophical Tradition ◽  
South African Context ◽  
The South ◽  
Max Scheler ◽  
Christian Philosophy ◽  
Introductory Overview ◽  
Introductory Part ◽  
African Context

’n Tradisie, wat ’n filosofiese tradisie insluit, kan alleen lewend bly as die verhaal daarvan aan die jonger geslag oorvertel word. Daarom bied hierdie inleidende en oorsigtelike artikel aan die leser iets oor die unieke filosofie van die Suid-Afrikaanse denker, Henk Stoker. Ter inleiding behandel dit die moontlike redes waarom sy denke in Suid-Afrika en elders vandag relatief onbekend is en minder invloedryk was in vergelyking met dié van die twee ander vaders van ’n reformatoriese filosofie, naamlik Dirk H.Th. Vollenhoven en veral Herman Dooyeweerd. Daarna word aandag geskenk aan die Suid-Afrikaanse milieu waarbinne sy filosofie gebore is. Die moontlike interne en eksterne teologiese en filosofiese invloede van veral Herman Bavinck (1854–1921) en Max Scheler (1874–1928) word behandel. Vervolgens word op enkele van Stoker se oorspronklikste bydraes tot die Christelik-filosofiese tradisie gewys. ’n Vlugtige blik word op die wedersydse kritiek tussen Stoker, Dooyeweerd en sekere leerlinge van Dooyeweerd gewerp. Ten slotte kan daar, in die lig van hierdie onderlinge verskille, sekere wanopvattings reggestel word, byvoorbeeld dat ’n Reformatoriese filosofie ’n statiese en geslote sisteem is. H.G. Stoker (1899–1993) as Christian philosopher: historical legend and icon, or still a contemporary mentor? Tradition which includes a philosophical tradition, can only been kept alive when its story is told to younger generations. This is the motivation behind this introductory overview of the unique philosophy of the South African philosopher, Henk Stoker. In comparison with the two other founders of a reformational philosophy, Dirk H.Th. Vollenhoven (1892–1978) and especially Herman Dooyeweerd (1994–1977), Stoker’s ideas are in South Africa, as well as abroad, less well-known among reformed people. The introductory part of this article, therefore, investigates the possible reasons for the relatively small impact of his thinking. The next section requires attention for the South African context in which his Christian philosophy was born. This is followed by a detailed discussion of the possible internal and external theological and philosophical influences of especially Herman Bavinck (1865–1921) and Max Scheler (1874–1928) on the emergence of Stoker’s philosophy of the idea of creation. A few of Stoker’s original contributions to a Christian philosophy are then highlighted. Next the debate between Stoker and Dooyeweerd and some of Dooyeweerd’s followers is reviewed. Finally, in the light of these differences between two of the fathers of the triumvirate already at the origin of a Reformational philosophy, the misconception that this kind of philosophy is a static and closed system, should be corrected.

scholarly journals THE CASE FOR “SUFFICIENT SCIENCE”: South African Poultry Association v The Minister of Agriculture, Forestry and Fisheries Case Number: 39597/2016 (21/9/2016) (Gauteng Division, Pretoria)

Obiter ◽  
2018 ◽  
Vol 39 (2) ◽  
Author(s):  
Clive Vinti
Keyword(s):  
South Africa ◽  
South African ◽  
Scientific Evidence ◽  
Health And Safety ◽  
World Trade Organisation ◽  
Scientific Basis ◽  
Poultry Meat ◽  
Scientific Uncertainty ◽  
Phytosanitary Measure ◽  
Case Number

This discussion examines the role of the “sufficient science” requirement as the basis of a phytosanitary measure as postulated by the World Trade Organisation (hereinafter, “the WTO”) Agreement on the Application of Sanitary and Phytosanitary Measures (hereinafter “the SPS”), in South African law through the avenue of the decision of the court in South African Poultry Association v The Minister of Agriculture, Forestry and Fisheries (Case Number: 39597/2016 (21/9/2016) (Gauteng Division, Pretoria) hereinafter “SAPA”). This case was prompted by the Minister of Agriculture, Forestry and Fisheries’ promulgation of new regulations on permissible brine limits for individual chicken portions. These new regulations were promulgated in response to concerns that some chicken producers had used excessive amounts of brine, which compromised the quality of the chicken consumed by consumers. The new regulations capped the permissible brine limit on chicken at 15%. Consequently, the South African Poultry Association then approached the High Court challenging, inter alia, the lawfulness of the permissible brine limit as stipulated in the new regulations on the grounds that there was no scientific basis for the brine limits; and in the alternative, that the scientific basis relied on for the determination of the brining limits was fundamentally flawed. To this end, this paper argues that the court misdirected itself by failing to determine that the newly minted brine limit on poultry meat in South Africa constitutes a “phytosanitary measure” in the manner contemplated by the SPS. Secondly, the court flouted its obligation under the Constitution to ensure that the evaluation of the new brine regulations is in line with South Africa’s international obligations under the SPS and the instruments of the Codex Alimentarius Commission. On the back of this finding, the paper argues that the brine limit was incorrectly held to be valid because it was established in the absence of “sufficient science” thereby contravening Article 2.2, Article 5.1 and Article 5.2 of the SPS. Thirdly, the court neglected to examine whether the new brine limit was rationally connected to its risk assessments as required by Article 5.1 of the SPS. This finding invariably means that the new brine limit is presumed not to be based on scientific principles and to be maintained without sufficient scientific evidence. In the alternative, it is argued that the scientific process followed by the respondent could be seen as an exception to the “sufficient science” rule if the respondent argues that they pursued a precautionary approach in good faith, as a responsible government faced with a situation plagued by scientific uncertainty and a clear and imminent threat to public health and safety. Lastly, this paper argues that the court correctly held that the process followed by the respondent in establishing the views of the scientific community is in line with the SPS. It must be borne in mind that the discussion to follow is focused on the approach the court should have followed according to the SPS and it is not, an enquiry on whether the decision of the court is correct under the precepts of administrative law in South Africa.

Time and Latitude in South Africa

1972 ◽  
Vol 1 ◽  
pp. 27-38
Author(s):  
J. Hers
Keyword(s):  
South Africa ◽  
Cape Town ◽  
Astronomical Observations ◽  
Royal Observatory ◽  
The Republic ◽  
Astronomical Determination ◽  
Limited Accuracy ◽  
Better Than

In South Africa the modern outlook towards time may be said to have started in 1948. Both the two major observatories, The Royal Observatory in Cape Town and the Union Observatory (now known as the Republic Observatory) in Johannesburg had, of course, been involved in the astronomical determination of time almost from their inception, and the Johannesburg Observatory has been responsible for the official time of South Africa since 1908. However the pendulum clocks then in use could not be relied on to provide an accuracy better than about 1/10 second, which was of the same order as that of the astronomical observations. It is doubtful if much use was made of even this limited accuracy outside the two observatories, and although there may – occasionally have been a demand for more accurate time, it was certainly not voiced.

Combining Professional Interests and Travel: People to People Citizen Ambassador Program

2011 ◽  
Vol 1 (2) ◽  
pp. 47-54
Author(s):  
Alex Johnson ◽  
Amanda Hitchins
Keyword(s):  
South Africa ◽  
Health Education ◽  
Communication Disorders ◽  
Social Conditions ◽  
Speech Language Pathologists ◽  
Exchange Program

Abstract This article summarizes a series of trips sponsored by People to People, a professional exchange program. The trips described in this report were led by the first author of this article and include trips to South Africa, Russia, Vietnam and Cambodia, and Israel. Each of these trips included delegations of 25 to 50 speech-language pathologists and audiologists who participated in professional visits to learn of the health, education, and social conditions in each country. Additionally, opportunities to meet with communication disorders professionals, students, and persons with speech, language, or hearing disabilities were included. People to People, partnered with the American Speech-Language-Hearing Association (ASHA), provides a meaningful and interesting way to learn and travel with colleagues.

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