scholarly journals Implications of the Failure to pay the Required Electoral Deposit in South Africa: Analysing National Freedom Party v Electoral Commission

Afrika Focus ◽  
2020 ◽  
Vol 33 (1) ◽  
Author(s):  
Angelo Dube
Keyword(s):  
South Africa ◽  
Key Words ◽  
South African ◽  
Political Party ◽  
Fundamental Rights ◽  
Intention To Participate ◽  
Legal Position ◽  
The Government ◽  
The Right ◽  
Democratic Country

The right to participate in elections is one of the cornerstones of any democratic country. This is true of South Africa’s electoral process, which was put to the test in the case of National Freedom Party v Electoral Commission in 2016. To promote free and fair elections, certain safeguards must be put in place. These include notifying the Electoral Commission of an intention to participate in elections through the payment of a deposit on a specified date by the party intending to participate in elections, and the publication of an election timetable by the government. This research has found that once published, the Electoral Commission has no power to change the electoral timetable. The only remedy for a party that fails to comply with the electoral prescripts such as the payment of an electoral deposit lies under section 11(2)(a) of the South African Local Government: Municipal Electoral Act. Additionally, it found that the concept of free and fair elections takes into account the interests of all parties concerned, and not just that of the party that alleges unfairness stemming from the exclusion. Whilst the exclusion of a party can lead to the violation of certain fundamental rights, such as the right to regular free and fair elections, and the right to vote, it is important to note that this case clearly establishes the legal position that a party’s failure to comply with the legal prescripts, will bar that political party from obtaining a remedy for exclusion. KEY WORDS: ELECTORAL COMMISSION, ELECTORAL TIMETABLE, FREE AND FAIR ELECTIONS, CONDONATION, NON-COMPLIANCE.

scholarly journals Implications of the Failure to Pay The Required Electoral Deposit in South Africa: Analysing National Freedom Party V Electoral Commission and Another

Afrika Focus ◽  
2020 ◽  
Vol 33 (1) ◽  
pp. 49-58
Author(s):  
Angelo Dube
Keyword(s):  
South Africa ◽  
Local Government ◽  
South African ◽  
Political Party ◽  
Fundamental Rights ◽  
Intention To Participate ◽  
Legal Position ◽  
The Government ◽  
The Right ◽  
Democratic Country

The right to participate in elections is one of the cornerstones of any democratic country. This is true of South Africa’s electoral process, which was put to the test in the case of National Freedom Party v Electoral Commission in 2016. To promote free and fair elections, certain safeguards must be put in place. These include notifying the Electoral Commission of an intention to participate in elections through the payment of a deposit on a specified date by the party intending to participate in elections, and the publication of an election timetable by the government. This research has found that once published, the Electoral Commission has no power to change the electoral timetable. The only remedy for a party that fails to comply with the electoral prescripts such as the payment of an electoral deposit lies under section 11(2)(a) of the South African Local Government: Municipal Electoral Act. Additionally, it found that the concept of free and fair elections takes into account the interests of all parties concerned, and not just that of the party that alleges unfairness stemming from the exclusion. Whilst the exclusion of a party can lead to the violation of certain fundamental rights, such as the right to regular free and fair elections, and the right to vote, it is important to note that this case clearly establishes the legal position that a party’s failure to comply with the legal prescripts, will bar that political party from obtaining a remedy for exclusion.

scholarly journals A Critical Analysis of South Africa’s System of Government: From a Disjunctive System to a Synergistic System of Government

Obiter ◽  
2020 ◽  
Vol 41 (2) ◽  
pp. 257-274
Author(s):  
Lindelwa Mhlongo
Keyword(s):  
South Africa ◽  
Law Enforcement ◽  
South African ◽  
Electoral System ◽  
Fundamental Rights ◽  
Political Accountability ◽  
Home Village ◽  
The Right ◽  
High Level ◽  
Thabo Mbeki

The right to vote in South Africa is one of the fundamental rights recognised by the Constitution. South Africa ran its sixth election on 8 May 2019. Since the birth of democracy in 1994, it has had four presidents, two of whom did not serve their full term in office. Former President Thabo Mbeki resigned after he was recalled for using the country’s law enforcement system to undermine Jacob Zuma’s chances of succeeding him. He resigned with nine months to go in his second term in office. Mbeki’s successor, former President Jacob Zuma, also resigned from office during his second term with 14 months to go. Several stinging criticisms were levelled against him. For example, he was accused of tribalism and being a “ruralitarian” who lacked urban sophistication to understand and lead a large economy such as South Africa. He was also accused of benefiting his family through creating business opportunities for them and directing development projects to his home village. Furthermore, his government was accused of being weak on corruption, and being easily influenced by the communists. In light of the above, the question that begs for an answer is: does the current South African system of government and electoral system provide for high-level political accountability? In answering this question, further ancillary questions are posed throughout the article. What informed the drafters of the Electoral Amendment Act 73 of 1998 to choose the current electoral system? Is it time for South Africa to review its electoral system? How can South Africa increase the level of political accountability of the President?

scholarly journals A HEXAGON RIGHT: THE SIX DIMENSIONS OF THE SOUTH AFRICAN RIGHT TO BASIC EDUCATION

Obiter ◽  
2018 ◽  
Vol 39 (1) ◽  
Author(s):  
Chiedza Simbo
Keyword(s):  
South Africa ◽  
Secondary School ◽  
International Law ◽  
South African ◽  
Basic Education ◽  
The South ◽  
Six Dimensions ◽  
The Government ◽  
The Right ◽  
Primary And Secondary School

Notwithstanding the enactment of the South African Constitution in 1996, 23 years later, the need to determine the scope and content of the right to basic education has been a battlefield for authors. Whilst authors battle, complaints are made about the South African government charging school fees for basic education, decreasing pass thresholds for matriculants, students learning in dilapidated classrooms, non-delivery of text books, unqualified teachers and many complaints reminiscent of a failing basic education system. Despite citizen attempts to take the government to court for specific violations relating to the provision of basic education, in the absence of a law of general application specifically unpacking the scope and content of the right to basic education in South Africa, an ultimate question remains, what is the scope and content of the right to basic education for the purposes of its implementation in South Africa? This paper attempts to determine the scope and content of section 29(1)(a) using an international law approach. After engaging the provisions of international law as well as writings by other authors, the conclusion is that, in relation to its scope and content, section 29(1)(a) is a hexagon right that is, a right comprising of six interrelated dimensions. The six dimensions are that, the right to basic education includes primary and secondary school attendance, the right to basic education includes compulsory and free attendance of both primary and secondary school and the right to basic education is an unqualified right. Further, the right to basic education is a minimum core content of the right to education, the right to basic education must be available, accessible, acceptable and adaptable and the quality standard of the right to basic education is explained by the World Declaration on Basic Education for All, 1990.

scholarly journals The protection of fundamental rights in the Netherlands and South Africa compared: can the many differences be justified?

2017 ◽  
Vol 11 (2) ◽  
pp. 16
Author(s):  
Gerhard Van der Schyff
Keyword(s):  
South Africa ◽  
The Netherlands ◽  
South African ◽  
The State ◽  
Fundamental Rights ◽  
Individual Freedom ◽  
Basic Rights ◽  
Political Choices ◽  
The Many ◽  
The Right

This contribution considers the protection of fundamental rights in the Netherlands and South Africa. Both countries strive to be constitutional democracies that respect basic rights. But both countries go about this aim in very different ways. These different paths to constitutionalism are compared, as well as the reasons for these differences and whether it can be said that these differences are justifiable. This is done by comparing the character of the rights guaranteed in the Dutch and South African legal orders, the sources of these rights and the locus or centre of protection in both systems. The conclusion is reached that no single or perfect route to attaining the desired protection of fundamental rights exists, but that one should always enquire as to the state of individual freedom and the right to make free political choices in measuring the worth of a system's protection of rights.

scholarly journals THE RIGHT TO LEGAL REPRESENTATION AT STATE EXPENSE FOR CHILDREN IN CARE AND CONTACT DISPUTES – A DISCUSSION OF THE SOUTH AFRICAN LEGAL POSITION WITH LESSONS FROM AUSTRALIA

Obiter ◽  
2021 ◽  
Vol 31 (3) ◽  
Author(s):  
Marita Carnelley
Keyword(s):  
South Africa ◽  
South African ◽  
The South ◽  
Legal Representation ◽  
Legal Principles ◽  
Legal Position ◽  
Australian Experience ◽  
The Right ◽  
Children In Care

The article discusses the right of children to legal representation at state expense in family disputes in South Africa as provided for in section 10 of the Children’s Act 38 of 2005 and section 28(2)(h) of the Constitution. Certain aspects are highlighted: the applicant applying for legal representation; the requirements for an appointee; the appointment criteria; duties and responsibilities of the appointee as well as the funding for such appointment. The South African legal principles are compared with the equivalent Australian provisions relating to the Independent Children’s Lawyer. The article concludes with some recommendations for lacunae identified in the South African system in light of the Australian experience.

scholarly journals Water, mining, and waste: An historical and economic perspective on conflict management in South Africa

2007 ◽  
Vol 2 (2) ◽  
Author(s):  
Rebecca A. Adler ◽  
Marius Claassen ◽  
Linda Godfrey ◽  
Anthony R. Turton
Keyword(s):  
South Africa ◽  
South African ◽  
Mine Waste ◽  
Mining Industry ◽  
Safe Environment ◽  
Mine Water Management ◽  
Access To Water ◽  
The Government ◽  
The Right ◽  
Simple Economic

Lack of government intervention in South Africa's mining industry has worsened conflicts associated with limited water resources. With the advent of democracy, new legislation demands that all South African citizens have the right to a clean, safe environment, including access to potable water, and that the country develop in a sustainable manner. But conflict remains due to the historical partnership between the government and the mining industry, as well as due to cumulative impacts associated with mining, which has polluted natural ground water sources. In this article, an historical overview of the mining industry in South Africa is presented, along with a simple economic model to describe behavior of the mining industry over time. Legislative frameworks used to address mine waste and mine water management are evaluated and suggestions are made for how to use an understanding of resource driven conflict to improve the outlook of mining and access to water for all in South Africa.

scholarly journals A LEGAL ANALYSIS OF “SAVIOUR SIBLINGS” AND “BENEFACTOR CHILDREN” IN SOUTH AFRICA

Obiter ◽  
2014 ◽  
Vol 35 (2) ◽  
Author(s):  
Emma du Plessis ◽  
Avinash Govindjee ◽  
Glynis van der Walt
Keyword(s):  
South Africa ◽  
South African ◽  
Surgical Procedures ◽  
Ethical Issues ◽  
Constitutional Rights ◽  
Legal Analysis ◽  
Bodily Integrity ◽  
Legal Position ◽  
The Right ◽  
Legal And Ethical Issues

This contribution aims to explain how the constitutional rights to bodily integrity and autonomy affect, firstly, the legal position of “saviour siblings” and, secondly, “benefactor children”. The article also considers whether parents, in terms of South African law, have the right to make decisions concerning medical treatment and surgical procedures of this nature, on behalf of their children. A number of legal and ethical issues are considered, with the focus being on the legal implicationsassociated with these categories of children being used to save the life of an ill sibling through the donation of tissue or organs. A set of recommendations are advanced so that the legal position may be better regulated.

Victim Participation in Parole Proceedings in South Africa

2019 ◽  
Vol 34 (1) ◽  
Author(s):  
Jamil Mujuzi
Keyword(s):  
South Africa ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
South African ◽  
Justice System ◽  
Criminal Procedure ◽  
Prison Inmate ◽  
Parole Board ◽  
Victims Of Crime ◽  
The Right

South African law provides for circumstances in which victims of crime may participate in the criminal justice system at the investigation, prosecution (trial), sentencing and parole stages. In South Africa, a prison inmate has no right to parole although the courts have held that they have a right to be considered for parole. In some cases, the victims of crime have a right to make submissions to the Parole Board about whether the offender should be released on parole. Section 299A of the Criminal Procedure Act 51 of 1977 provides for the right of victims of crime to participate in parole proceedings. The purpose of this article is to discuss section 299A and illustrate ways in which victims of crime participate in the parole process. The author also recommends ways in which victims’ rights in section 299A of the Criminal Procedure Act could be strengthened.

scholarly journals The transition to general management in South Africa

2017 ◽  
Vol 15 (0) ◽  
Author(s):  
Stephen J. Mallaby ◽  
Gavin Price ◽  
Karl Hofmeyr
Keyword(s):  
South Africa ◽  
South African ◽  
Personal Characteristics ◽  
Structured Interviews ◽  
General Manager ◽  
General Management ◽  
General Managers ◽  
Managerial Implications ◽  
Effective Development ◽  
The Right

Orientation: Understanding the nature and challenges of making the transition from a functional role to a general management role in South African organisations.Research purpose: The objective of this study was to gain insight into the obstacles that affect the transition from functional to general management and identify steps that may be taken to overcome these challenges.Motivation for the study: One of the most difficult crossroads for a manager is making the shift from being a functional specialist to becoming a general manager. New competencies and behaviours are required, as well as a more strategic mind set. If the transition is not made successfully, the manager and the organisation suffer.Research design, approach and method: A qualitative design was used consisting of in-depth, semi-structured interviews, with 19 senior business leaders who had successfully made the transition. The interviews were used to gather insights into the challenges they faced during their transitions, and how these were overcome.Main findings: To make the transition successfully, functional managers need to gain relevant experience to prepare them for the broader scope of a general management role. They need to develop appropriate skills, attitudes and personal characteristics. Mentoring is an effective development process. Newly appointed general managers need to learn to let go of control while maintaining ownership, build relationships and strike the right balance between strategic thinking and execution. There are unique aspects of being a general manager in South Africa, such as dealing with Black Economic Empowerment and challenges of race and identity, given the country’s history.Practical and managerial implications: Specific interventions are suggested which are directed at both aspiring general managers and organisations seeking to assist middle managers to make the transition to general managers.Contribution: This study contributes to knowledge concerning the skills and attributes required by potential general managers, and the practical steps to be taken by South African organisations to facilitate the development of general managers. 

scholarly journals Kerk en owerheid binne ’n regstaat. Die profetiese roeping van die kerk met betrekking tot die Suid-Afrikaanse owerheid

2000 ◽  
Vol 34 (1) ◽  
Author(s):  
N. Vorster ◽  
J.H. Van Wyk
Keyword(s):  
South African ◽  
Fundamental Rights ◽  
Theoretical Argument ◽  
The South ◽  
African Government ◽  
Constitutional State ◽  
African Context ◽  
The Government ◽  
Just Society ◽  
The Church

Church and government within a constitutional state. The prophetic calling of the church towards the South-African government With the transition to a new political dispensation in South Africa, a constitutional state has been established. A typical characteristic of this new dispensation is that the government remains neutral while the executive powers are subject to the Bill of Human Rights. The question of how the church can realize its prophetic task towards the government within the context of a constitutional state is highlighted in this article. The central theoretical argument is that a constitutional state that acknowledges fundamental rights provides an excellent opportunity for the church to fulfil its prophetic calling within the South African context. The church can contribute to a just society by prophetic testimony within the perspective of the kingdom of God.

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