scholarly journals A CRITICAL ANALYSIS OF SELECTED ASPECTS OF THE SOUTH AFRICAN LEGAL FRAMEWORK PERTAINING TO CHILDREN LIVING IN PRISON WITH THEIR MOTHERS – WITH BRIEF COMPARATIVE COMMENTS

Obiter ◽  
2021 ◽  
Vol 34 (3) ◽  
Author(s):  
Meda Couzens ◽  
Nicole Mazoue
Keyword(s):  
South African ◽  
Western Australia ◽  
Critical Analysis ◽  
Legal Framework ◽  
Comparative Assessment ◽  
Incarcerated Mothers ◽  
The South

This article contains a critical analysis of the South African legal framework applicable to children living in prison with their mothers. It focuses on aspects which the authors believe to be problematic in the legal framework, namely the procedure for the admission of children in prison with their mothers, the separation of children from their incarcerated mothers and the gender implications of the legal framework.Recommendations for improving the current legal framework are made based on a comparative assessment of the South African framework against the relevant policies in England and Western Australia.

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 “Ubuntu” I am because we are: COVID-19 and the legal framework for addressing communicable disease in the South African prison system

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Marie Claire Van Hout ◽  
Jakkie Wessels
Keyword(s):  
South Africa ◽  
Occupational Health ◽  
South African ◽  
Communicable Disease ◽  
Legal Framework ◽  
Prison System ◽  
Mitigation Measures ◽  
System Response ◽  
The South ◽  
Content Type

Purpose The purpose of the paper was to conduct a legal-realist assessment of the South African prison system response to COVID-19. Severely congested and ill-resourced prison systems in Africa face unprecedented challenges amplified by COVID-19. South Africa has recorded the highest COVID-19 positivity rate in Africa and, on March 15th 2020, declared a national state of disaster. The first prison system case was notified on April 6th 2020. Design/methodology/approach A legal-realist assessment of the South African prison system response to COVID-19 in the 12 months following initial case notification focused on the minimum State obligations to comply with human rights norms, and the extent to which human, health and occupational health rights of prisoners and staff were upheld during disaster measures. Findings A legal-realist account was developed, which revealed the indeterminate nature of application of South African COVID-19 government directives, ill-resourced COVID-19 mitigation measures, alarming occupational health and prison conditions and inadequate standards of health care in prisons when evaluated against the rule of law during State declaration of disaster. Originality/value This legal-realist assessment is original by virtue of its unique evaluation of the South African prison system approach to tackling COVID-19. It acknowledged State efforts, policymaking processes and outcomes and how these operated within the prison system itself. By moving beyond the deleterious impacts of the COVID-19 pandemic on the already precarious South African prison system, the authors argue for rights assurance for those who live and work in its prisons, improved infrastructure and greater substantive equality of all deprived of their liberty in South Africa.

scholarly journals Lessons from UNCITRAL for Reforming the South African Legal Framework Concerning Security Rights in Movable Property

2022 ◽  
Vol 25 ◽  
pp. 1-32
Author(s):  
Michel Marlize Koekemoer ◽  
Reghard Brits
Keyword(s):  
South African ◽  
Best Practice ◽  
Legal Framework ◽  
Third Parties ◽  
Law Reform ◽  
Soft Law ◽  
The South ◽  
Secured Transactions

This article analyses the South African legal framework governing security rights in movable property with the view to inspire law reform. The analysis is based on a comparison of the current South African framework with the UNCITRAL Legislative Guide on Secured Transactions, a soft-law instrument containing international best practice. The problematic aspects of the South African framework benchmarked against the UNCITRAL Guide are: (1) not having a common legal framework that equally applies to all types of (including quasi-) real security transactions; (2) the scope of the current framework not being comprehensive (inclusive) enough; (3) not having an efficient enough method of creating the security right; (4) the current publicity method, particularly concerning special notarial bonds, being overly cumbersome and not providing effective public notice to third parties; and (5) the current enforcement measures potentially not being the most efficient. Regarding each of these problem areas, the article makes proposals on how the South African legislature could reform the current framework into one that is legally efficient and in step with international best practice.

scholarly journals THE DISTINCTIVENESS AND INTERRELATEDNESS OF THE PRIVILEGES AND IMMUNITIES OF PARLIAMENT: A COMPARISON OF THE NAMIBIAN AND SOUTH AFRICAN JURISDICTIONS

Obiter ◽  
2018 ◽  
Vol 39 (3) ◽  
Author(s):  
Mbuzeni Johnson Mathenjwa ◽  
Lindelwa Mhlongo
Keyword(s):  
South African ◽  
Legal Framework ◽  
The South ◽  
The Law

The terms “privileges” and “immunities” in relation to parliament are used interchangeably in the literature. A comparison of the privileges and immunities of parliament in the Namibian and the South African jurisdictions has shown that these are distinctive but interrelated. Major dissimilarities in Namibian and South African law in this regard are discernible. In the Namibian system, certain weaknesses are identified in the legal framework for the privileges and immunities of parliament. Recommendations are made based on these identified gaps with a view to improving the law relating to the privileges and immunities of parliament.

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.

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.

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