scholarly journals RELATIVE BARGAINING STRENGTH AND ILLEGALITY Uniting Reformed Church, De Doorns v President of the Republic of South Africa 2013 (5) SA 205 (WCC)

Obiter ◽  
2014 ◽  
Vol 35 (1) ◽  
Author(s):  
Robert Sharrock
Keyword(s):  
South Africa ◽  
Public Policy ◽  
South African ◽  
Bargaining Power ◽  
Relevant Factor ◽  
The South ◽  
Reformed Church ◽  
The Republic ◽  
Bargaining Positions

The South African courts have recognized that the relative situation of contracting parties when concluding the contract – the strength of their bargaining positions relative to each other – is a relevant factor when determining whether a particular provision in the contract (or the contract as a whole) is contrary to public policy. However, there are relatively few cases in which the court has actually relied upon inequality of bargaining power as a ground for holding that a contractual provision is illegal. In Uniting Reformed Church, De Doorns v President of the Republic of South Africa (2013 (5) SA 205 (WCC) (the “URC case”)), Zondi J held that one of the reasons why a clause common to certain notarial leases was contrary to public policy was because the contractants had not occupied equal bargaining positions when entering into the leases. Whether or not one fully agrees with the judge’s reasoning, the decision underscores the importance of understanding what is meant by relative bargaining strength and how and when it affects the lawfulness of a contract.

South Africa and Portugal

1974 ◽  
Vol 4 (2) ◽  
pp. 9-20
Author(s):  
Basil Davidson
Keyword(s):  
South Africa ◽  
Public Policy ◽  
United Nations ◽  
South African ◽  
Central Element ◽  
Economic Structure ◽  
Cape Verde ◽  
The South ◽  
The Republic ◽  
The Military

A central element in the story of southern Africa during the early 1970s is the quietly persistent penetration in to neighboring countries of dominant interests—whether economic, political or even military—of the Republic of South Africa. As the motives for this expansion have become clearer, so too has the crucial nature of the importance to the South African system of the Portuguese colonialist positions in Angola and Mozambique, and, by an inseparable extension, in Guinea-Bissau and the Cape Verde archipelago.This significance to South Africa of the “Portuguese territories” is now observable in all major fields of public policy and action, and ranges from the military-logistical to the very interstices of the South African economic structure. An understanding of the South African government's relations with these territories, as well as of its relations with the Portuguese regime in Lisbon, must therefore be essential to a realistic estimate of likely developments in the subcontinent, and bears, accordingly, a direct meaning for the policies and intentions of the United Nations.

Safeguarding the Republic? The South African Police Service, Legitimacy and the Tribulations of Policing a Violent Democracy

2021 ◽  
Vol 56 (1) ◽  
pp. 92-108
Author(s):  
Guy Lamb
Keyword(s):  
South Africa ◽  
South African ◽  
Public Trust ◽  
The South ◽  
Police Service ◽  
South African Police Service ◽  
The Republic ◽  
South African Police ◽  
High Crime ◽  
Excessive Use Of Force

Since 1994 the South African Police Service (SAPS) has undertaken various efforts to build legitimacy in South Africa. Extensive community policing resources have been made available, and a hybrid community-oriented programme (sector policing) has been pursued. Nevertheless, public opinion data has shown that there are low levels of public trust in the police. Using Goldsmith’s framework of trust-diminishing police behaviours, this article suggests that indifference, a lack of professionalism, incompetence and corruption on the part of the police, particularly in high-crime areas, have eroded public trust in the SAPS. Furthermore, in an effort to maintain order, reduce crime and assert the authority of the state, the police have adopted militaristic strategies and practices, which have contributed to numerous cases of excessive use of force, which has consequently weakened police legitimacy in South Africa

Security Council

1964 ◽  
Vol 18 (2) ◽  
pp. 468-485
Keyword(s):  
South Africa ◽  
South African ◽  
Sierra Leone ◽  
Security Council ◽  
Secretary General ◽  
South African Government ◽  
The South ◽  
African Government ◽  
The Republic ◽  
Made In

The Security Council considered the situation in the Republic of South Africa resulting from the apartheid policies of the South African government during its 1073rd–1078th meetings held from November 27 to December 11, 1963. The Council had before it the request made by 32 African and Asian states in a letter of October 23, 1963, addressed to the President of the Security Council; and the report by the Secretary-General submitted pursuant to the request made in the Security Council's Resolution of August 7, 1963, that he keep the situation in South Africa under observation and report to the Security Council by October 30, 1963. At the President's invitation Mrs. Pandit (India), Mr. Grimes (Liberia), Mr. Rakotomalala (Madagascar), Mr. Slim (Tunisia), and Mr. Karefa-Smart (Sierra Leone) took places at the Security Council table.

Descriptions of two new species of the genus Paragus Latreille (Diptera: Syrphidae), with a key to males of all South African species

Zootaxa ◽  
2020 ◽  
Vol 4780 (2) ◽  
pp. 341-355
Author(s):  
TAMARA TOT ◽  
SNEŽANA RADENKOVIĆ ◽  
ZORICA NEDELJKOVIĆ ◽  
LAURA LIKOV ◽  
ANTE VUJIĆ
Keyword(s):  
South Africa ◽  
New Species ◽  
South African ◽  
Taxonomic Status ◽  
Identification Key ◽  
The South ◽  
African Species ◽  
Afrotropical Region ◽  
Two New Species ◽  
The Republic

Two new species of the genus Paragus Latreille, 1804 are described from the Republic of South Africa: Paragus longipilus Tot, Vujić et Radenković sp. nov. and Paragus megacercus Tot, Vujić et Radenković sp. nov. These new species belong to the subgenus Pandasyopthalmus Stuckenberg, 1954a. Paragus longipilus sp. nov. is a member of the P. jozanus group, whereas Paragus megacercus sp. nov. belongs to the P. tibialis group. The taxonomic status of Paragus chalybeatus Hull, 1964 is revised and proposed as synonym of Paragus punctatus Hull, 1949. Additionally, an identification key to males of the South African species of Paragus is provided. Results of the present study confirm a significant level of endemism of Paragus in the Afrotropical Region (12 out of 29). 

The Moral Status of Apartheid: Can the Presence of Foreign Corporations in South Africa Be Morally Justified?

1985 ◽  
Vol 15 (4) ◽  
pp. 565-579 ◽  
Author(s):  
Robert N. Mccauley
Keyword(s):  
South Africa ◽  
South African ◽  
Moral Status ◽  
International Community ◽  
South African Government ◽  
The South ◽  
Final Word ◽  
African Government ◽  
The Republic ◽  
Foreign Corporations

Since the international community has offered their nearly unanimous condemnation of the system of apartheid in the Republic of South Africa, the topic of this essay might seem moot. However, the involvement and cooperation with the South African government of numerous governments, businesses, and other institutions suggest that those condemnations do not constitute the final word - certainly not politically, nor, perhaps, morally.

scholarly journals The south african environment and the 1996 Constitution

2007 ◽  
Vol 1 (1) ◽  
pp. 36-57 ◽  
Author(s):  
Louis J. Kotzé
Keyword(s):  
South Africa ◽  
Environmental Protection ◽  
South African ◽  
The South ◽  
Human Right ◽  
Future Developments ◽  
The Republic

This study brings the debate upon environmental protection in the Republic of South Africa since the 1996 Constitution enactment which conformed it as a justifiable human right. The contribution begins with some considerations about (in) the development of the environmental right. The more pertinent constitutional provisions related to the environment are discussed, and there are some remarks about future developments in this field.

scholarly journals Raamwerkwetgewing ter Verwesenliking van die Reg op Toegang tot Voldoende Voedsel

2017 ◽  
Vol 15 (5) ◽  
pp. 228
Author(s):  
Anél Terblanche ◽  
Gerrit Pienaar
Keyword(s):  
South Africa ◽  
Human Rights ◽  
Food Security ◽  
South African ◽  
The South ◽  
The Republic ◽  
The Right ◽  
Human Rights Based Approach ◽  
Right Of Access ◽  
Sufficient Food

Various South African government reports list food security as a development priority. Despite this prioritisation and despite the fact that South Africa is currently food self-sufficient, ongoing food shortages remain a daily reality for approximately 35 percent of the South African population. The government's commitment to food security to date of writing this contribution manifests in related policies, strategies, programmes and sectoral legislation with the focus on food production, distribution, safety and assistance. A paradigm shift in the international food security debate was encouraged during 2009, namely to base food security initiatives on the right to sufficient food. During a 2011 visit to South Africa, the Special Rapporteur for the Right to Food of the United Nations, accordingly confirmed that a human rights-based approach to food security is necessary in the South African legal and policy framework in order to address the huge disparities in terms of food security (especially concerning geography, gender and race). A human rights-based approach to food security will add dimensions of dignity, transparency, accountability, participation and empowerment to food security initiatives. The achievement of food security is further seen as the realisation of existing rights, notably the right of access to sufficient food. The right of access to sufficient food, as entrenched in section 27(1)(b) of the Constitution of the Republic of South Africa, 1996 will accordingly play a central role within a human rights-based approach to food security. Section 27(2) of the Constitution of the Republic of South Africa, 1996 qualifies section 27(1)(b) by requiring the state to take reasonable legislative and other measures, within its available resources, to achieve the progressive realisation of each of the section 27(1) rights. The South African government's commitment to food security, as already mentioned, currently manifests in related policies, strategies and programmes, which initiatives will qualify as other measures as referred to in section 27(2) mentioned above. This contribution, however, aims to elucidate the constitutional duty to take reasonable legislative measures as required by section 27(2) within the wider context of food security. This contribution is more specifically confined to the ways in which a human rights-based approach to food security can be accommodated in a proposed framework law as a national legislative measures. Several underlying and foundational themes are addressed in this contribution, amongst others: (a) the relationship between food security and the right of access to sufficient food; (b) food security as a developmental goal; and (c) the increasing trend to apply a human rights-based approach to development initiatives in general, but also to food security.

scholarly journals The South African constitutional Court and the Rule of Law: The Masethla Judgment, A Cause for Concern

2017 ◽  
Vol 13 (3) ◽  
pp. 467
Author(s):  
Rósaan Krüger
Keyword(s):  
South Africa ◽  
South African ◽  
Rule Of Law ◽  
Procedural Fairness ◽  
Constitutional Court ◽  
The South ◽  
Public Power ◽  
The Rule Of Law ◽  
The Republic

The rule of law as a foundational constitutional value constrains the exercise of public power but the precise limits of the constraints it sets are not well defined. In Masethla v President of the Republic of South Africa,[1] the majority of the Constitutional Court opted for an interpretation of this value that frees the President from adherence to the demands of procedural fairness when exercising certain constitutional powers. This note will investigate the soundness of that interpretation against the background of theoretical expositions of the rule of law and earlier Constitutional Court judgments.[1]      2008 1 BCLR 1 (CC).

scholarly journals Governing authorities in the same boat and a tale of two schedules: Marius Nel v Hessequa Local Municipality (2015)

2018 ◽  
pp. 71-82
Author(s):  
Anél Du Plessis ◽  
Oliver Fuo
Keyword(s):  
South Africa ◽  
South African ◽  
Environmental Governance ◽  
Provincial Government ◽  
South African Context ◽  
The South ◽  
Growing Body ◽  
Local Municipality ◽  
African Context ◽  
The Republic

This article responds to the tension inherent in the Constitution of the Republic of South Africa 1996 which lists ‘the environment’ proper as a function of national and provincial government. The authors discuss one of the arguments raised in the recently decided case of Marius Nel and Others v Hessequa Local Municipality and Others (2015) with particular emphasis on what the court’s reasoning adds to the growing body of jurisprudence on local government’s authority to govern environmental matters and the need for cooperative environmental governance in the South African context. The article features an overview of the relevant facts and findings in the Hessequa case, followed by a discussion of the implications of the court’s judgment.

The Interaction between Section 233 of the South African Constitution and the Commentaries to the OECD Model Tax Convention on Income and on Capital

2020 ◽  
Vol 53 (1) ◽  
Author(s):  
Enelia Jansen van Rensburg
Keyword(s):  
South Africa ◽  
International Law ◽  
South African ◽  
The South ◽  
Double Taxation ◽  
The Republic ◽  
South African Constitution

The Commentaries to the OECD’s Model Tax Convention on Income and on Capital are at times consulted by South African courts when double taxation agreements are interpreted. The question considered in this article is the nature of the interaction, if any, between these Commentaries and section 233 of the Constitution of the Republic of South Africa, 1996. Section 233 requires a court to prefer a reasonable interpretation of legislation that is consistent with international law over other interpretations that are not consistent with international law. The contribution analyses various aspects of the wording of section 233, including the meaning of the phrase ‘international law’. It points out the various roles that transnational sources may play with regard to section 233, for example these sources may either constitute the ‘international law’ to which section 233 refers, or they may be aids to the interpretation of those sources that constitute ‘international law’. The contribution considers which of these roles the Commentaries are most likely to play for purposes of section 233.

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