scholarly journals THE STATUS OF A POST-DATED CHEQUE PRIOR TO THE POST-DATE

Obiter ◽  
2021 ◽  
Vol 33 (3) ◽  
Author(s):  
Phillemon Makakaba
Keyword(s):  
Comparative Study ◽  
South African ◽  
Electronic Payment ◽  
The South ◽  
Future Time ◽  
On Demand ◽  
Advance Payment ◽  
The Status ◽  
English Law ◽  
Bill Of Exchange

Electronic payment seems to be taking over but cheques are still used for valid reasons. Post-dated cheques are used for reasons such as making an advance payment, securing future payment at a future time, etcetera. However, the status of post-dated cheques prior to the post-date has been questionable since many years ago. The consumers who were affected by this situation were for decades placed in a quandary since the courts had been unable to resolve the uncertainty. This article is an analysis of the status of post-dated cheques prior to the post-date according to the South African law of negotiable instruments. A comparative study of English law is undertaken since the South African law of negotiable instruments is derived from the English law; hence the English law position is imperative and influential in regard to the South African law of negotiable instruments. Consideration is given to the South African and English legislation for the definitions of concepts such as a bill of exchange, cheque, payable on demand, etcetera. It will be shownthat post-dated cheques are regarded as demand instruments and thus valid cheques in both South African law and English law.

Integrative taxonomic methods reveal an incorrect synonymisation of the South African Pseudonereis podocirra (Schmarda) as the widespread Pseudonereis variegata (Grube) from Chile

2018 ◽  
Vol 32 (6) ◽  
pp. 1282 ◽  
Author(s):  
Jyothi Kara ◽  
Angus H. H. Macdonald ◽  
Carol A. Simon
Keyword(s):  
South Africa ◽  
South African ◽  
Species Delimitation ◽  
Haplotype Network ◽  
The Body ◽  
General Description ◽  
The South ◽  
Morphological Examination ◽  
Genetic Structuring ◽  
The Status

The nereidid Pseudonereis variegata (Grube, 1866) described from Chile includes 14 synonymised species from 10 type localities with a discontinuous distribution, but no taxonomic or molecular studies have investigated the status of this species outside Chile. Two synonymised species, Mastigonereis podocirra Schmarda, 1861 and Nereis (Nereilepas) stimpsonis Grube, 1866, were described from South Africa and investigated here using morphological examination. MtCOI species delimitation analyses and morphology were used to determine the status of P. variegata in South Africa. Morphological examination revealed that museum and freshly collected specimens from South Africa that conform to the general description of P. variegata are similar to M. podocirra and N. stimpsonis with respect to the consistent absence of homogomph spinigers in the inferior neuropodial fascicle, expanded notopodial ligules and the subterminal attachment of dorsal cirri in posterior parapodia. The synonymy of M. podocirra and N. stimpsonis as P. variegata are rejected and P. podocirra, comb. nov. is reinstated. Morphologically, Pseudonereis podocirra differed from specimens from Chile with regard to the numbers of paragnaths, the absence of homogomph spinigers and changes in parapodial morphology along the body. Independence of these species was further supported by genetic distances, automatic barcode gap discovery and multi-rate Poisson tree process species delimitation analyses of 77 mtCOI sequences. Haplotype network revealed no genetic structuring within the South African populations. http://zoobank.org/urn:lsid:zoobank.org:pub:F0B1A5AF-9CE9-4A43-ACCF-17117E1C2F21

An analysis of the right of Muslim adopted children to inherit from their deceased parents in terms of the law of succession: A South African case study

2021 ◽  
Vol 8 (2) ◽  
pp. 63-73
Author(s):  
Muneer Abduroaf
Keyword(s):  
South African ◽  
Islamic Law ◽  
Legal Framework ◽  
Adopted Children ◽  
The South ◽  
Legal Context ◽  
Muslim Children ◽  
The Status ◽  
The Right ◽  
Law Of Succession

This paper analyses the right of Muslim adopted children to inherit from their deceased parents in terms of the laws of succession within the South African legal context. The status of adoption in South African and Islamic law is looked at first by way of an introduction. This is followed by looking at the rights of adopted Muslim children to inherit from their deceased parents (biological and adoptive) in terms of the South African and Islamic laws of intestate (compulsory) and then testate (optional) succession.1 The paper further looks at the possibility of applying relevant Islamic law of succession provisions applicable to enable adopted Muslim children to inherit from the estate of their deceased biological parents within the South African legal framework. The paper concludes with an analysis of the findings and makes a recommendation.

scholarly journals Peripheral development: position paper for the Directorate of the South African National Parks

Koedoe ◽  
1999 ◽  
Vol 42 (2) ◽  
Author(s):  
P. Novellie ◽  
H. Biggs ◽  
L. Braack ◽  
N. Hanekom ◽  
M. Knight ◽  
...  
Keyword(s):  
South African ◽  
National Parks ◽  
General Rule ◽  
Position Paper ◽  
The South ◽  
The Status

The principle of peripheral development and its relevance to South African National Parks has been a recurring subject for debate. One viewpoint is that the principle should be applied as a general rule, and that in future all major developments of infrastructure should be on the periphery rather than the interior of national parks. The Scientific Services units of South African National Parks were asked to provide their views, and this note is the result. The consensus was that, although there is much to be said in general for the principle, there are circumstances in which developments on the periphery of a park could be deleterious. Hence, the principle does not merit the status of a rule.

scholarly journals The status of rhinoceroses in South African National Parks

Koedoe ◽  
2017 ◽  
Vol 59 (1) ◽  
Author(s):  
Sam M. Ferreira ◽  
Charlene Bissett ◽  
Carly R. Cowell ◽  
Angela Gaylard ◽  
Cathy Greaver ◽  
...  
Keyword(s):  
South Africa ◽  
South African ◽  
National Parks ◽  
National Park ◽  
Kruger National Park ◽  
The South ◽  
South Central ◽  
The Status ◽  
Annual Population ◽  
Block Based

African rhinoceroses (rhinos) experienced a poaching onslaught since 2008 with the epicentre in South Africa where most of the world’s rhinos occur. South African national parks, under the management of South African National Parks (SANParks), are custodian to 49% of South Africa’s white and 31% of the country’s black rhinos. We collated information on rhino population sizes in seven national parks from 2011 to 2015. We include and report on rhino surveys in Kruger National Park during 2014 and 2015. Southwestern black rhinos increased over the study period, which allows SANParks to achieve its contribution to South Africa’s 2020 target of 260 individuals. South-central black rhinos declined over the study period because of poaching in the Kruger National Park, making it difficult for SANParks to realise a 9% increase per annum for its expected contribution to the South African target of 2800 individuals. For southern white rhinos, SANParks requires 5% annual growth for its contribution to the South African target of 20 400 individuals. To continue to evaluate the achievement of these targets, SANParks needs annual population estimates relying on total counts, mark-recapture techniques and block-based sample counts to track trends in rhino populations. SANParks’ primary challenge in achieving its contribution to South Africa’s rhino conservation targets is associated with curbing poaching in Kruger National Park.Conservation implications: The status and trends of rhino species in SANParks highlight key challenges associated with achieving the national targets of South Africa. Conservation managers will need to improve the protection of southern white rhino, while the Department of Environmental Affairs need to be made aware of the challenges specifically associated with not achieving targets for south-central black rhino. Outcomes for south-western black rhino have already realised and the good conservation efforts should continue.

The judicial development of the Roman-Dutch doctrine of parental authority in South African law

2008 ◽  
Vol 76 (1-2) ◽  
pp. 133-153
Author(s):  
Lawrence Schäfer
Keyword(s):  
South African ◽  
Common Law ◽  
Turning Points ◽  
Balance Of Power ◽  
Parental Authority ◽  
Best Interests ◽  
The South ◽  
English Law ◽  
Illegitimate Children

AbstractThe Roman-Dutch doctrine of parental authority differed markedly from the parallel doctrine in English common law, particularly in relation to the balance of power between parents and generally in relation to illegitimate children. This paper traces the judicial development of the Roman-Dutch doctrine by the South African courts and focuses on two important turning points, at which the unnecessary adoption of principles of English law resulted in a departure from Roman-Dutch principles. The product of this judicial development was a doctrine of parental authority that differentiated sharply between legitimate and illegitimate children, and greatly impeded the capacity of judges to apply the 'best interests' principle in disputes concerning the latter.

scholarly journals South African Private Security Contractors Active in Armed Conflicts: Citizenship, Prosecution and the Right to Work

2017 ◽  
Vol 14 (7) ◽  
pp. 70
Author(s):  
Shannon Bosch ◽  
Marelie Maritz
Keyword(s):  
International Law ◽  
South African ◽  
Global Economy ◽  
Private Security ◽  
Armed Conflicts ◽  
Humanitarian Law ◽  
The South ◽  
The Status ◽  
The Right ◽  
Security Contractors

South Africa has adopted two pieces of legislation since 1998 aimed at restricting one of the fastest growing sectors of the global economy: the private security industry. Not only is this legislation completely unique, but it appears wholly at odds with international opinion. In this article we place private security contractors (PSCs) under the microscope of international law, exploring the role they play in armed conflicts, and the status afforded them by international humanitarian law (IHL). We address the issue of prohibited mercenarism, questioning whether PSCs should be categorised as mercenaries. We then shift our focus to the South African legislation and discuss the ambit of its application as compared with international law obligations to outlaw mercenaries. We discuss the likelihood of successful prosecution of PSCs, and the potential penalties that PSCs might face in terms of the South African legislation. Lastly we consider the constitutional challenges which might emerge as this legislation, and a proposed amendment to the South African Citizenship Act threaten the constitutionally protected rights of South African PSCs to practise a profession and enjoy citizenship.

scholarly journals AFFECTING FACTORS OF SISTER CITY COOPERATION BETWEEN DENPASAR GOVERNMENT AND MOSSEL BAY GOVERNMENT IN 2019

2021 ◽  
Vol 5 (2) ◽  
pp. 264-291
Author(s):  
I Gusti Agung Made Diah Kencana Putri ◽  
Witri Elvianti
Keyword(s):  
South African ◽  
Online News ◽  
City Government ◽  
Affecting Factors ◽  
The South ◽  
Structured Interviews ◽  
African Government ◽  
The Status ◽  
Online News Sites ◽  
Government Website

Abstract This study aims to analyze the factors behind the establishment of sister city cooperation between the Denpasar City Government and the Mossel Bay Government since the end of 2019. The author conducted qualitative research to achieve this aim. Thus, this research is expected to enrich other research tools in matters relating to sister city cooperation or paradiplomacy in Indonesia, especially Denpasar. The main data analyzed in this study were obtained through semi-structured interviews with the Head of the Sub-Section for Foreign Cooperation of the Denpasar City in 2020 at the Secretariat of Denpasar. In addition, other types of data that support this research were obtained from the official local government website, several books, journals, reports, and online news sites which reliable and suitable for the content of the research. The focus of this research is to comply with the concept of paradiplomacy and south-south cooperation in identifying the motives behind this sister city cooperation, especially from the side of the Denpasar City Government. As a result, five motives were found that could encourage the Denpasar City Government to accept the sister city cooperation offered by the Mossel Bay Government in 2019, including the international market, tourism and culture, establishing the identity of international partners, the status of government administration, and most importantly, the bilateral relationship between the Indonesian government and the South African government, which in this regards, is an example of the implementation of the South-South Cooperation (SSC) concept. Abstrak Penelitian ini bertujuan untuk menganalisa faktor-faktor yang melatarbelakangi terjalinnya kerjasama sister city antara Pemerintah Kota Denpasar dengan Pemerintah Teluk Mossel pada akhir tahun 2019. Penulis melakukan penelitian kualitatif untuk mencapai tujuan ini. Sehingga, penelitian ini diharapkan dapat memperkaya perangkat penelitian lainnya dalam hal-hal yang berkaitan dengan kerjasama sister city atau paradiplomasi di Indonesia khususnya wilayah Kota Denpasar. Data utama yang dianalisis dalam penelitian ini diperoleh melalui wawancara jenis semi terstruktur dengan Kepala Sub Bagian Kerjasama Luar Negeri Kota Denpasar tahun 2020 di Sekretariat Kota Denpasar. Selain itu, jenis data lain yang mendukung penelitian ini diperoleh dari situs resmi pemerintah daerah, beberapa buku, jurnal, laporan, dan situs berita online yang dapat diandalkan dan sesuai dengan isi penelitian. Fokus penelitian ini adalah menggunakan konsep paradiplomasi dan kerjasama selatan-selatan dalam mengidentifikasi motif dibalik kerjasama sister city ini, khususnya dari sisi Pemerintah Kota Denpasar. Sebagai hasilnya, ditemukan lima motif yang dapat mendorong Pemerintah Kota Denpasar untuk menerima kerjasama sister city yang ditawarkan Pemerintah Teluk Mossel pada tahun 2019 antara lain pasar internasional, pariwisata dan budaya, membentuk identitas mitra internasional, status administrasi pemerintahan, dan yang terpenting, hubungan bilateral antara pemerintah Indonesia dengan pemerintah Afrika Selatan yang dalam hal ini merupakan contoh implementasi konsep Kerjasama Selatan-Selatan (KSS).

scholarly journals Gedagtes oor die arbeidsregtelike posisie van predikante, pastore en priesters as werknemers van die kerk

2015 ◽  
Vol 71 (3) ◽  
Author(s):  
Fanie Van Jaarsveld
Keyword(s):  
South African ◽  
Labor Law ◽  
The South ◽  
Labour Law ◽  
Two Stage ◽  
Employment Contract ◽  
Positive Law ◽  
English Law ◽  
The Church

Thoughts on the labor law position of pastors and priests as employees of the church. The issue of labour-law relationships between pastors or priests and their employers (churches) is controversial because they (pastors or priests) are often regarded as employees and often not. These issues are discussed on the basis of problems in the South-African positive law and English law. In discussing the question about the nature of this labour-law relationship, a two-stage approach is suggested, especially when bearing in mind that the employment contract forms the basis of the labour-law relationship between the two parties.

A Gain-based Remedy for Breach of Contract in English Law: Some Lessons for South African Law

2021 ◽  
Vol 53 (2) ◽  
Author(s):  
Kwena Seanego
Keyword(s):  
South African ◽  
The South ◽  
Breach Of Contract ◽  
The Past ◽  
English Law

A gain-based remedy for breach of contract is aimed at taking away the profits acquired through breach of contract. Traditionally, contractual damages can be claimed only if the breach caused the plaintiff patrimonial loss. There is an assumption that breach of contract causes a loss to the plaintiff, and as a result the defendant should compensate the plaintiff. However, in the past, courts have been confronted with cases where the opposite of this assumption is true. This is in instances where a defendant breaches a contract and gains profit as a result of that breach, whereas the plaintiff suffers little or no patrimonial loss. Unfortunately, in these circumstances the plaintiff may be left with no remedy or legal recourse for the breach, while the defendant may keep the profits generated as a result of the breach. However, in English law the courts have recognised a gain-based remedy in the circumstances outlined above, allowing the disgorgement of such ill-gotten profits. But a similar remedy has not yet gained recognition in the South African law of contract. The purpose of this article is to explore how South African law can draw some valuable lessons from English law in developing and recognising a gain-based remedy for breach of contract in order to deal with the profits generated through breach of contract.

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