South Africa and Land Ownership: What's in a Deed?

1995 ◽  
Vol 22 ◽  
pp. 439-443
Author(s):  
H. M. Feinberg

The subject of African land ownership is and will continue to be a highly emotional issue of great importance in the new South Africa. Africans and Afrikaners alike have strong historical ties to the land. Thousands of Africans owned land outside the Reserves before 1948. These landowners included large numbers of Africans who purchased over 3,000 farms and lots between 1913 and 1936 in the Transvaal, Natal, and even the Orange Free State (plus uncounted African buyers in the Cape Province). Individuals, tribal groups, or people organized into partnerships owned land. In the 1990s Africans complain bitterly about land losses, especially after 1948 as a result of the apartheid policy of forced removals which aimed to eliminate the so-called “black spots” from white areas. In addition, some Africans point to the problem of land losses between 1913 and 1948, and others resent the severe restrictions resulting from the Natives Land Act, Act No. 27 of 1913, which prevented Africans from freely buying land in three of the four provinces of South Africa after 1913.On 8 November 1994 the South African Parliament passed the Restitution of Land Rights Act, a law which is intended to allow Africans to reclaim their lost land. Claims by former owners or their descendants will be buttressed by legal documents of one type or another. Some of these legal documents have an interesting and unintended use, however: historians can take advantage of them to build an understanding of African land ownership before and after apartheid began in 1948.

Itinerario ◽  
2003 ◽  
Vol 27 (3-4) ◽  
pp. 243-262 ◽  
Author(s):  
Deborah James ◽  
Geoffrey Nkadimeng

As part of its attempt to understand ‘an apartheid of souls’, this volume is concerned to show how mission activity, particularly that of European-based churches with close links to the expansion of Dutch/Calvinist influence, may have nurtured the local construction of race or ethnic difference in Indonesian and South African society. One well-known account of Christianity in South Africa shows how the interaction between mission and missionised produced a sharply dichotomised sense - experienced by the Tshidi Tswana as the contrast between setsivana and segoa - of difference between indigenous and imported culture. While this shows how processes devoted to undermining it may paradoxically strengthen a sense of cultural identity, what it does not yield is a sense of how Christianity, appropriated within Tswana and other African societies, furnished a means of marking internal distinctions of social class, dovetailing in unexpected ways with ethnic difference. It is such divisions - potently fusing class with ethnicity and having crucial implications for the ownership, reclaiming, and use of land - with which the present paper is concerned.


1991 ◽  
Vol 21 (4) ◽  
pp. 199-202 ◽  
Author(s):  
John Duckitt ◽  
Don Foster

Although the socio-political circumstances of South Africa have made the issues of race, social attitudes, and prejudice highly salient ones, South African psychologists, with the exception of MacCrone, have not yet made major descriptive or explanatory contributions in the area. Several reasons for this are considered in the context of a brief overview of this work. It is suggested that there are indications that this has begun to change recently, and that this together with important socio-political changes in the country makes this a particularly appropriate time for a special issue of the SAJP on the subject. Finally, some implications of the contributions to this issue for the development of the field are briefly discussed.


Obiter ◽  
2021 ◽  
Vol 31 (1) ◽  
Author(s):  
Ashley Charles Moorhouse ◽  
David Abrahams

The purpose of this article is to put forward submissions regarding the implementation of a weapons review process in compliance of South Africa’s obligations under Additional Protocol I (hereinafter “API”) Article 36. Article 36 requires each state party to determine whether the employment of any new weapon, means or method of warfare that it studies, develops, acquires or adopts would, insome or all circumstances, be prohibited by international law. Article 36 does not specify how such a legal review should be implemented or conducted. Thus this article puts forward proposals regarding both the substantive and procedural aspectsof a review of the legality of weapons, means and methods of warfare that the authors submit best befits the South African context.A background regarding the legal limitations placed upon the use of certain weapons, means and methods of warfare and an explanation of South Africa’s obligations regarding national implementation of a weapons review process, is given in paragraph 1 so as to create an understanding as to why it is necessary for the Republic of South Africa to implement a process to review the legality of weapons, means and methods of warfare. Before the implementation of a weapons review process can be discussed, the subject matter of such a review must first be ascertained. Thus paragraph 2 contains a discussion regarding the definition of the term “weapons, means and methods of warfare” and a determination of which weapons shall form the subject matter of legal reviews. No specific manner of implementation is contained within API and thus it is at the discretion of the state in question, in this case South Africa, to adopt the necessary measures to implement this obligation. In this regard, paragraph 3 contains submissions regarding the status of the review body within the state hierarchy and its method of establishment. This paragraph also contains an explanation of the process by which South Africa acquires its weapons. The legal scope of the review process is dealt with in paragraph 4. Within thisparagraph, the place of both treaty-based law and customary international law (“CIL”) in the South African legal system is discussed. Furthermore, the treaty-law and customary international law rules binding upon South Africa regarding limitations of specific weapons and general weapons limitations are enumerated and the paragraph ends with a discussion of the Martens Clause. 


Author(s):  
Hoolo 'Nyane

The Constitution of Lesotho is regarded as liberal, with the separation of powers of the executive, judiciary and legislature, but provision was made for institutions to oversee the exercise of such powers. One of these is the Office of the Ombudsman, which has wide-ranging powers to investigate malpractice in public administration and to make recommendations for remedial action. These powers notwithstanding, there is a paucity of judicial precedent and scholarship on the binding nature of the remedial action of the Ombudsman. The main question is whether the remedial action of the Ombudsman is binding, which this article seeks to investigate and determine whether South African jurisprudence could be helpful in the case of Lesotho. The binding nature of the Public Protector’s remedial action under the Constitution of South Africa has been a subject of considerable judicial and scholarly engagement in recent times. While the subject is still yet to be settled in South Africa, it nevertheless has developed principles that could assist in both the interpretation and reform of the Ombudsman’s powers in Lesotho.


2010 ◽  
Vol 51 (2) ◽  
pp. 18-22
Author(s):  
Torsten Czenskowsky ◽  
Mirko Aichele ◽  
Gideon Horn

Dieser Aufsatz ist entstanden, weil die niedersächsische Ostfalia-Hochschule für angewandte Wissenschaften, hier insbesondere die Karl-Scharfenberg-Fakultät aus Salzgitter, eng mit der Nelson Mandela Metropolitan University aus Port Elizabeth, östliche Kap-Provinz in Südafrika, zusammenarbeitet. Seit dem Ende der Apartheid hat sich Südafrika für die globale Wirtschaft geöffnet, ist für international agierende Unternehmen ein beliebter Standort zur Markterschließung Afrikas geworden und nimmt im wissenschaftlichen Bereich verstärkt am akademischen Austausch teil. Südafrika ist in die globale Automobilproduktion eingebunden und mit ihr auf vielfältige Art und Weise verknüpft. Hier befindet sich auch eine entsprechend ausgeprägte Zulieferindustrie. Diese steht in Konkurrenz mit den Lieferanten aus anderen Nationen. Staatliche Einrichtungen und die Bildungsinstitutionen versuchen die Wettbewerbsfähigkeiten der heimischen Zulieferindustrie zu stärken. Auch mit internationaler Beteiligung erstellte Fortbildungsprogramme setzen deutliche Zeichen für diese Bemühungen. Es bleibt zu wünschen, dass es Südafrika während der Fußball-Weltmeisterschaft gelingt, die Welt davon zu überzeugen, dass es logistische Herausforderungen meistern kann, und damit das internationale Profil dieses sympathischen Staates geschärft wird. South Africa has become a relevant part of the global production of automobiles. Several factories of well known car manufacturers together with component supplier’s facilities have been built and compete with other nations. Governmental and educational institutions try to strengthen the ability to compete of the domestic automotive industry. Programs of advanced training are developed in South Africa and in international cooperation. This article begins with an introduction into the subject. The second chapter offers an overview about the automotive industry of South Africa, its component suppliers and global challenges it has to face. It is followed by the third chapter, which describes the requirements international automobile manufacturers demand to be fulfilled by South Africa’s economy. Chapter four emphasizes on the strengths and weaknesses of the component suppliers present in South Africa. The intention of chapter five is to present measurements to develop the South African automotive industry in cooperation between government organisations and the economy. Finally a conclusion and a forecast are given. Keywords: die automobilindustrie und ihre zulieferer in südafrika


1911 ◽  
Vol 47 (3) ◽  
pp. 549-589 ◽  
Author(s):  
J. Stuart Thomson

The following is the first of a series of papers which I intend to issue on South African Alcyonaria. During a lengthened residence at the Cape of Good Hope, I devoted special attention to the Alcyonaria collected on board the Government steam trawler Pieter Faure. Professor Hickson has contributed two papers on Cape Alcyonarians to the volumes Marine Investigations in South Africa; but since then a large number of forms have been dredged, and there still remain in the collection entrusted to me many unidentified and undescribed species. In this first instalment I have confined myself to the Alcyonacea. The present work has been carried on in the Zoological Institute and Museum of Natural History, Berne, and it would be difficult to overstate my indebtedness to Professor Studer, who, besides giving me much valuable advice, stimulus, and encouragement, placed the entire literature of the subject at my disposal.


Obiter ◽  
2018 ◽  
Vol 39 (2) ◽  
Author(s):  
Hezekiel Oira ◽  
Lonias Ndlovu

The concept of broadcast copyright is one of the most controversial and non-felicitous subjects, both at national and transnational levels. Most municipal copyright laws and relevant international instruments merely provide that broadcasting organizations shall enjoy protection over their broadcasts and programme-carrying signals. Some of those international instruments include The Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations of 1961 (hereinafter “the Rome Convention”). Article 13 thereof grants specific exclusive rights against certain activities in relation to the broadcasts of broadcasting organizations. Additionally, Article 1 of the Rome Convention guarantees that its exercise and implementation shall leave intact and in no way affect the protection of copyright in literary and artistic works. The Agreement on Trade-Related Aspects of Intellectual Property Rights (hereinafter “the TRIPs Agreement”) of 1994 follows the model of the Rome Convention, and under Article 14 (3) grants broadcasting organizations the same neighbouring rights as the latter does. In both instruments, the object of protection in a broadcast or broadcasts was never defined. The Convention Relating to the Distribution of Programme-Carrying Signals Transmitted by Satellite (hereinafter “the Satellite Convention”) of 1974 does not grant broadcasting organizations any specific right but obliges Contracting Parties to prevent unauthorized distribution on or from their territories of any programme-carrying signal by any distributor for whom the signal emitted to or passing through the satellite is not intended. The protection conferred upon the broadcasting organizations under the above international instruments are replicated in the copyright laws of Kenya and South Africa without clarifying upon the property and the scope of protection of a broadcast. The failure to specifically define the subject matter of protection in broadcast copyright as well as its outer boundaries forms the genesis of the current controversy. Amid this controversy, this article examines two emerging global approaches around which broadcast copyright revolves, namely the content or rights-based approach, and the signal-based approach. Drawing from the two approaches, the article examines the extent to which they apply to Kenya and South Africa.


Author(s):  
Yvette Basson

In South Africa marginalised groups have historically been afforded legislative protection in order to ensure that the rights of these groups are respected, protected, promoted and fulfilled. Examples of two such groups are older persons, whose rights are provided for in terms of the Older Persons Act 13 of 2006 and children, whose rights are provided for in terms of the Children's Act 38 of 2005. Persons with disabilities have, however, not yet been the subject of dedicated legislation outlining the content of the rights to which they are entitled. As a result of this lack of dedicated legislation, the rights of persons with disabilities are dealt with in a piecemeal fashion, often in disparate pieces of legislation.In addition to this focus on the rights of persons with disabilities, South African labour law has recently undergone extensive amendments. These amendments have led to the rights of persons with disabilities in the workplace being affected substantially. Since these amendments are as yet untested, little scrutiny of these provisions and the effect they may have on persons with disabilities has been undertaken. This article will thus discuss selected amendments of the labour legislation, and interrogate the practical effect these amendments may have on the rights of such persons. Of particular importance for the purposes of this article is the updating of an existing institution known as Sheltered Employment Factories, as well as the introduction of harsher penalties for employers who remain non-compliant with certain provisions of the Employment Equity Act 55 of 1998.


2020 ◽  
Author(s):  
Caio Torres Mazzi ◽  
Gideon Ndubuisi ◽  
Elvis Avenyo

Using the South African Revenue Service and National Treasury firm-level panel data for 2009–17, this paper investigates how global value chain-related trade affects the export performance of manufacturing firms in South Africa. In particular, the paper uses extant classifications of internationally traded products to identify different categories of global value chain-related products and compares the productivity premium of international traders for these different categories. Also, the paper investigates possible differences in learning-by-exporting effects across the identified categories of global value chain-related products by estimating the effect of exporting before and after entry into foreign markets. The results confirm that global value chain-related trade is associated with a higher productivity premium compared with traditional trade. However, within the categories of exporters, only the firms that trade in global value chain-related products and simultaneously engage in research and development in the post-entry periods appear to learn from exporting.


2018 ◽  
Vol 12 (2) ◽  
pp. 299-310
Author(s):  
Refiloe Matlatse ◽  
Heila Pienaar ◽  
Martie Van Deventer

The South African Network of Data and Information Curation Communities (NeDICC) was formed to promote the development and use of standards and best practices among South African data stewards and data librarians (NeDICC, 2015). The steering committee has members from various South African HEIs and research councils. As part of their service offerings NeDICC arranges seminars, workshops and conferences to promote awareness regarding digital curation. NeDICC has contributed to the increase in awareness, and growth of knowledge, on the subject of digital and data curation in South Africa (Kahn et al.,2014).NeDICC members are involved in the UP M.IT and Continued Professional Development training, and serve as external examiners for the UCT M.Phil in Digital Curation degree. NeDICC is responsible for the Research Data Management track at the annual e-Research conference in SA1and develops an annual training-focussed programme to provide workshop opportunities with both SA and foreign trainers. This paper specifically addresses the efforts by this community to mobilise and upskill South African librarians so that they would be willing and able to provide the necessary RDM services that would strengthen the national data effort. 1eResearch conference: http://www.eresearch.ac.za/


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