scholarly journals Constitutional experience in formalizing the spheres of interaction between the chambers of parliaments of the countries of the South African Region

2021 ◽  
Vol 7 (Extra-A) ◽  
pp. 198-203
Author(s):  
Anna A. Bezuglya ◽  
Ekaterina A. Kulishenko ◽  
Olga V. Lepeshkina ◽  
Ludmila I. Nikonova ◽  
Karina V. Shamaeva
Keyword(s):  
South Africa ◽  
South African ◽  
Legal Analysis ◽  
International Treaties ◽  
The South ◽  
African Region

This article presents the results of a comparative legal analysis of the constitutions of the countries of South Africa regarding the consolidation of the constitutional spheres of interaction of the chambers of parliaments in them. The study showed that the typical (universal) areas of interaction between the chambers of parliament include: the legislative sphere; the security sphere and the control sphere. The international sphere, which involves the interaction of the chamber of parliament on the ratification of international treaties (Eswatini, South Africa), is atypical for the states of the studied group of countries. We concluded during the study that the typical and atypical areas of interaction between the chambers of parliament in the South Africa reflect both the established practice and the independent approaches of states to the constitutional formalization of the joint powers of the chambers of parliament.

scholarly journals Industry strategies in the parliamentary process of adopting a sugar-sweetened beverage tax in South Africa: a systematic mapping

2020 ◽  
Vol 16 (1) ◽  
Author(s):  
Safura Abdool Karim ◽  
Petronell Kruger ◽  
Karen Hofman
Keyword(s):  
South Africa ◽  
South African ◽  
Manufacturing Industry ◽  
Sugar Content ◽  
Self Regulation ◽  
Public Consultation ◽  
The South ◽  
African Region ◽  
Middle Income ◽  
Industry Response

Abstract Background In 2016, the South African government became the first in the African region to announce the introduction of an SSB tax based on sugar content as a public health measure to reduce obesity. This tax was introduced against the backdrop of South Africa having a large sugar production and SSB manufacturing industry, as well as very high unemployment rates. The introduction of fiscal measures, such as a SSB tax, has been met with well-coordinated and funded opposition in other countries. Methods The aim of this study is to describe and analyse the arguments and strategies utilised by industry during policymaking processes to oppose regulatory actions in LMIC. This study analyses arguments and strategies used by the beverage and related industries during the public consultation phase of the process to adopt the South African SSB tax. Results Industry opposition to the SSB tax was comprehensive and employed several tactics. First, industry underscored its economic importance and the potential job losses and other economic harms that may arise from the tax. This argument was well-received by policymakers, and similar to industry tactics employed in other middle income countries like Mexico. Second, industry discussed self-regulation and voluntary measures as a form of policy substitution, which mirrors industry responses in the US, the Caribbean and Latin America. Third, industry misused or disputed evidence to undermine the perceived efficacy of the tax. Finally, considerations for small business and their ability to compete with multi-national corporations were a unique feature of industry response. Conclusions Industry opposition followed both general trends, and also introduced nuanced and context-specific arguments. The industry response experienced in South Africa can be instructive for other countries contemplating the introduction of similar measures.

scholarly journals Editorial

2015 ◽  
Vol 18 (6) ◽  
pp. 0-0
Author(s):  
Marius Smit
Keyword(s):  
South Africa ◽  
South African ◽  
Freedom Of Expression ◽  
Education Law ◽  
Educational Institutions ◽  
Legal Analysis ◽  
The South ◽  
South African Society ◽  
The Law ◽  
The Right

2015 Volume 18 Number 6 Special Edition 21 December 2015 Editorial At a juncture in time when two decades have passed since the establishment of a constitutional democracy in South Africa and almost twenty years since the commencement of the South African Schools Act, this special issue reflects on the interrelationship between Education and the Law.  This compilation of ten articles includes a historic look at Education Law as a field of study and reflects on a range of topical issues such as safeguarding learners against exposure to pornography, promoting safety in youth sport, the essentiality of ensuring open deliberative democratic practices during school elections, the role of educator “prosecutors” in disciplinary hearings of learners, pluralism as overriding consideration by the courts, as well as the rights to freedom of expression and life in relation to education. In many respects the multicultural plurality in most educational institutions depicts the coalface of the South African society. Legal disputes and conflicting interests in schools about equal access to quality education, promotion of African languages and non-diminishment of Afrikaans in the face of English hegemony and the accommodation of religious diversity echo the realities of life in South Africa. Johan Beckmann’s personal account provides a historic look at the beginnings of Education Law as a field of study in South Africa expresses the hope that more South African universities will become involved in studying the field of Education Law and that a joint partnership between educationists and jurists might develop in future. Stuart Woolman’s insightful article contends that the constitutional aim to promote pluralism as the grundnorm in South Africa explains some seemingly anomalous judgments in the education context. This plausible explanation leaves much food for thought, but also raises an array of questions. Should the paradigmatic notion of pluralism trump all other legal principles in a constitutional democracy? Are the principles of legality, justice and fairness not as important? Should pluralism underlie the adjudication process of balancing of rights and freedoms according to contextual circumstances in spite of unreasonable or unlawful state action?  Have the courts not merely shown deference to an external political schema as arbiter of what "the good life" should be? The criminalisation of exposing children or learners to pornography is particularly relevant in schools in this era of ready access to the internet and social media and is aptly explained by Susan Coetzee. Marius Smit appositely combines legal analysis of provincial regulations with qualitative research, in keeping with the methodology of social sciences, to provide evidence of undemocratic conditions and features as well as shortcomings in the system of school governing body elections.  Greenfield et alia contend that a detailed and textured approach to coach education, coupled with a more nuanced judicial appreciation of the importance of sport to society (and schools) and a positive interpretation of the ‘prevailing circumstances’, may help prevent widespread expansion of liability in both rugby and sport more generally. Michael Laubscher and Willie van Vollenhoven suggest that South Africa should take cognisance of the legislative and judicial measures that have been taken in the United States and Canada to deal with the dilemmas posed by cyber bullying in schools.  Erica Serfontein explores the nexus between the right to life and education in laying a foundation for the development of learners’ talents and capabilities, advancing democracy, combating unfair discrimination and eradicating of poverty in view of the essential role that the law plays to uphold these rights to attain quality of life. Based on qualitative data, Willie van Vollenhoven contends that student-educators are not able to internalise or apply the right to freedom of expression in practice. He warns that our school system is failing to develop learners as critical thinkers in the marketplace of ideas. Elda de Waal and Erika Serfontein argue that the neither the State, nor parents or educators are able to independently guide learners to responsible adulthood – a collaborative effort in accordance with the democratic principles of cooperation is required. They caution against the reciprocal tendency of parents and schools to blame each other and encourage parents to participate accountably to address learner misconduct. At times educators are required to fulfil quasi-judicial roles as evidence leaders (prosecutors) when conducting disciplinary hearings of learners. Anthony Smith highlights the difficulties experiences by these “evidence leaders” and recommends the provision of specific training in this regard. It is notable that three contributions to this special issue on Education Law utilised education research methodology, which is grounded in social science paradigms, in conjunction with legal analysis, based on law research methodology.  This accentuates the interdisciplinary relationship between education and the law and promotes the epistemological enrichment of legal theory. Although the jurisprudence of the field of Education Law is fairly modest, the implications of court decisions on educational issues have a profound effect on the South African society, firstly because schools are microcosms of society, secondly because democratic (or undemocratic) practices in educational institutions leave indelible imprints on the youth that will eventually find expression in the life of a nation, and finally because the success (or failure) of an education system will ultimately determine the level of progress and economic destiny of the nation. Special Edition Editor Prof Marius Smit       

Foreigners' Rights to Work and Fair Labour Practices in South Africa: A Review of the South African Labour Legislation and Jurisprudence

2020 ◽  
Vol 35 (1) ◽  
Author(s):  
Andre Mangu
Keyword(s):  
South Africa ◽  
Human Rights ◽  
South African ◽  
Bill Of Rights ◽  
The South ◽  
Legislation And Jurisprudence ◽  
Foreign Nationals ◽  
Lay Persons ◽  
Democratic State ◽  
Labour Legislation

After several decades of apartheid rule, which denied human rights to the majority of the population on the ground of race and came to be regarded as a crime against humanity, South Africa adopted its first democratic Constitution in the early 1990s. The 1996 Constitution, which succeeded the 1993 interim Constitution, is considered one of the most progressive in the world. In its founding provisions, it states that South Africa is a democratic state founded on human dignity, the achievement of equality, the advancement of human rights and freedoms. The Constitution enshrines fundamental human rights in a justiciable Bill of Rights as a cornerstone of democracy. Unfortunately, in the eyes of a number of politicians, officials and lay-persons, the rights in the Bill of Rights accrue to South African citizens only. Xenophobia, which has been rampant since the end of apartheid, seems to support the idea that foreigners should not enjoy these rights. Foreign nationals have often been accused of posing a threat to South African citizens with regard to employment opportunities. In light of the South African legislation and jurisprudence, this article affirms the position of the South African labour law that foreign nationals are indeed protected by the Constitution and entitled to rights in the Bill of Rights, including the rights to work and fair labour practices.

The Engagement of Beneficiaries in Farm Governance of Restituted Land through the Communal Property Association Model: The Ideal Versus the Reality of Beneficiary Farms in South Africa

2019 ◽  
Vol 16 (2) ◽  
Author(s):  
Mokoko Piet Sebola ◽  
Malemela Angelinah Mamabolo
Keyword(s):  
South Africa ◽  
South African ◽  
Land Reform ◽  
Farm Management ◽  
The South ◽  
African Government ◽  
Communal Property ◽  
Farm Ownership ◽  
Land Restitution ◽  
Communal Property Associations

The purpose of this article is to evaluate the engagement of farm beneficiaries in South Africa in the governance of restituted farms through communal property associations. The South African government has already spent millions of rands on land restitution to correct the imbalance of the past with regard to farm ownership by the African communities. Various methods of farm management to benefit the African society have been proposed, however, with little recorded success. This article argues that the South African post-apartheid government was so overwhelmed by political victory in 1994 that they introduced ambitious land reform policies that were based on ideal thinking rather than on a pragmatic approach to the South African situation. We used qualitative research methods to argue that the engagement of farm beneficiaries in farm management and governance through communal property associations is failing dismally. We conclude that a revisit of the communal property associations model is required in order to strengthen the position of beneficiaries and promote access to land by African communities for future benefit.

Exploring the South African Government Communication on Land Expropriation without Compensation

2020 ◽  
Vol 72 (1-3) ◽  
Author(s):  
Lungisani Moyo
Keyword(s):  
South Africa ◽  
Food Security ◽  
South African ◽  
Small Scale ◽  
South African Government ◽  
Eastern Cape ◽  
The South ◽  
Land Expropriation ◽  
African Government ◽  
Government Communication

ABSTRACT This paper used qualitative methodology to explore the South African government communication and land expropriation without compensation and its effects on food security using Alice town located in the Eastern Cape Province South Africa as its case study. This was done to allow the participants to give their perceptions on the role of government communication on land expropriation without compensation and its effects on South African food security. In this paper, a total population of 30 comprising of 26 small scale farmers in rural Alice and 4 employees from the Department of Agriculture (Alice), Eastern Cape, South Africa were interviewed to get their perception and views on government communications and land expropriation without compensation and its effects on South African food security. The findings of this paper revealed that the agricultural sector plays a vital role in the South African economy hence there is a great need to speed up transformation in the sector.

Book review: Jansen, J. 2017. As by Fire: The End of the South African University. Cape Town: Tafelberg.

2017 ◽  
Vol 1 (1) ◽  
pp. 117
Author(s):  
Jared McDonald
Keyword(s):  
South Africa ◽  
South African ◽  
Teaching And Learning ◽  
Cape Town ◽  
The South ◽  
Scholarship Of Teaching ◽  
Creative Commons ◽  
Vice Chancellor ◽  
The University

Dr Jared McDonald, of the Department of History at the University of the Free State (UFS) in South Africa, reviews As by fire: the end of the South African university, written by former UFS vice-chancellor Jonathan Jansen.    How to cite this book review: MCDONALD, Jared. Book review: Jansen, J. 2017. As by Fire: The End of the South African University. Cape Town: Tafelberg.. Scholarship of Teaching and Learning in the South, [S.l.], v. 1, n. 1, p. 117-119, Sep. 2017. Available at: <http://sotl-south-journal.net/?journal=sotls&page=article&op=view&path%5B%5D=18>. Date accessed: 12 Sep. 2017.   This work is licensed under the Creative Commons Attribution 4.0 International License.To view a copy of this license, visit http://creativecommons.org/licenses/by/4.0/

Dilution studies on three marine outfalls in South Africa

1995 ◽  
Vol 32 (2) ◽  
pp. 297-304
Author(s):  
Willem A. M. Botes ◽  
J. F. Kapp
Keyword(s):  
South Africa ◽  
South African ◽  
Field Data ◽  
Prediction Models ◽  
Feasibility Studies ◽  
The South ◽  
Average Current ◽  
Predicted Values ◽  
Prediction Techniques ◽  
Domestic Effluent

Field dilution studies were conducted on three “deep” water marine outfalls located along the South African coast to establish the comparibility of actual achievable initial dilutions against the theoretical predicted values and, where appropriate, to make recommendations regarding the applicability of the different prediction techniques in the design of future outfalls. The physical processes along the 3000 km long coastline of South Africa are diverse, ranging from dynamic sub-tropical waters on the east coast to cold, stratified stagnant conditions on the west coast. Fourteen existing offshore marine outfalls serve medium to large industries and various local authorities (domestic effluent). For this investigation three outfalls were selected to represent the range of outfall types as well as the diversity of the physical conditions of the South African coastline. The predicted dilutions, using various approaches, compared well with the measured dilutions. It was found that the application of more “simple” prediction techniques (using average current velocities and ambient densities) may be more practical, ensuring a conservative approach, in pre-feasibility studies, compared to the more detailed prediction models, which uses accurate field data (stratification and current profiles), when extensive field data is not readily available.

The impact of climate temperature on counts, recovery, and death rates due to SARS-CoV-2 in South Africa. (Preprint)

2020 ◽  
Author(s):  
Neven Chetty ◽  
Bamise Adeleye ◽  
Abiola Olawale Ilori
Keyword(s):  
South Africa ◽  
South African ◽  
Death Rate ◽  
Western Cape ◽  
Warm Climate ◽  
The South ◽  
Recovery Rates ◽  
Death Rates ◽  
Online Resource ◽  
The Impact

BACKGROUND The impact of climate temperature on the counts (number of positive COVID-19 cases reported), recovery, and death rates of COVID-19 cases in South Africa's nine provinces was investigated. The data for confirmed cases of COVID-19 were collected for March 25 and June 30, 2020 (14 weeks) from South Africa's Government COVID-19 online resource, while the daily provincial climate temperatures were collected from the website of the South African Weather Service. Our result indicates that a higher or lower climate temperature does not prevent or delay the spread and death rates but shows significant positive impacts on the recovery rates of COVID-19 patients. Thus, it indicates that the climate temperature is unlikely to impose a strict limit on the spread of COVID-19. There is no correlation between the cases and death rates, an indicator that no particular temperature range is closely associated with a faster or slower death rate of COVID-19 patients. As evidence from our study, a warm climate temperature can only increase the recovery rate of COVID-19 patients, ultimately impacting the death and active case rates and freeing up resources quicker to enable health facilities to deal with those patients' climbing rates who need treatment. OBJECTIVE This study aims to investigate the impact of climate temperature variation on the counts, recovery, and death rates of COVID-19 cases in all South Africa's provinces. The findings were compared with those of countries with comparable climate temperature values. METHODS The data for confirmed cases of COVID-19 were collected for March 25 and June 30 (14 weeks) for South African provinces, including daily counts, death, and recovery rates. The dates were grouped into two, wherein weeks 1-5 represent the periods of total lockdown to contain the spread of COVID-19 in South Africa. Weeks 6-14 are periods where the lockdown was eased to various levels 4 and 3. The daily information of COVID-19 count, death, and recovery was obtained from South Africa's Government COVID-19 online resource (https://sacoronavirus.co.za). Daily provincial climate temperatures were collected from the website of the South African Weather Service (https://www.weathersa.co.za). The provinces of South Africa are Eastern Cape, Western Cape, Northern Cape, Limpopo, Northwest, Mpumalanga, Free State, KwaZulu-Natal, Western Cape, and Gauteng. Weekly consideration was given to the daily climate temperature (average minimum and maximum). The recorded values were considered, respectively, to be in the ratio of death-to-count (D/C) and recovery-to-count (R/C). Descriptive statistics were performed for all the data collected for this study. The analyses were performed using the Person’s bivariate correlation to analyze the association between climate temperature, death-to-count, and recovery-to-count ratios of COVID-19. RESULTS The results showed that higher climate temperatures aren't essential to avoid the COVID-19 from being spread. The present results conform to the reports that suggested that COVID-19 is unlike the seasonal flu, which does dissipate as the climate temperature rises [17]. Accordingly, the ratio of counts and death-to-count cannot be concluded to be influenced by variations in the climate temperatures within the study areas. CONCLUSIONS The study investigates the impact of climate temperature on the counts, recovery, and death rates of COVID-19 cases in all South Africa's provinces. The findings were compared with those of countries with comparable climate temperatures as South Africa. Our result indicates that a higher or lower climate temperature does not prevent or delay the spread and death rates but shows significant positive impacts on the recovery rates of COVID-19 patients. Warm climate temperatures seem not to restrict the spread of the COVID-19 as the count rate was substantial at every climate temperatures. Thus, it indicates that the climate temperature is unlikely to impose a strict limit on the spread of COVID-19. There is no correlation between the cases and death rates, an indicator that there is no particular temperature range of the climatic conditions closely associated with a faster or slower death rate of COVID-19 patients. However, other shortcomings in this study's process should not be ignored. Some other factors may have contributed to recovery rates, such as the South African government's timely intervention to announce a national lockout at the early stage of the outbreak, the availability of intensive medical care, and social distancing effects. Nevertheless, this study shows that a warm climate temperature can only help COVID-19 patients recover more quickly, thereby having huge impacts on the death and active case rates.

Opera and the South African Political

2019 ◽  
pp. 289-311
Author(s):  
Christopher Ballantine
Keyword(s):  
South Africa ◽  
South African ◽  
Singing Voice ◽  
The South ◽  
Sociopolitical Context ◽  
Creating Meaning ◽  
Empirical Means

Christopher Ballantine’s focus is on timbre, in particular the timbre of the singing voice, and how this combines with the imagination to create meaning. His investigation is largely philosophical; but the growth in popularity of opera in post-apartheid South Africa provides empirical means for Ballantine to indicate this powerful but analytically neglected way of creating meaning in the performance of music. His case study shows how timbre can produce musical experiences that have a particular, and often surprising, resonance. Through interviews with leading figures in South African opera, Ballantine demonstrates that timbre is a vital wellspring of imagined meaning; it should especially be seen thus if we seek to understand the singing voice in a sociopolitical context such as that of South Africa during and after apartheid.

scholarly journals Truth and reconciliation in South Africa: Hindu experiences and concerns

2004 ◽  
Vol 60 (4) ◽  
Author(s):  
P.G.J. Meiring
Keyword(s):  
South Africa ◽  
South African ◽  
Truth And Reconciliation Commission ◽  
Faith Communities ◽  
The South ◽  
Reconciliation Commission ◽  
Truth And Reconciliation ◽  
Hindu Community ◽  
The Way

The author who served on the South African Truth and Reconciliation Commission (TRC), focuses on the Hindu experience in South Africa during the apartheid years. At a special TRC Hearing for Faith Communities (East London, 17-19 November 1997) two submissions by local Hindu leaders were tabled. Taking his cues from those submissions, the author discusses four issues: the way the Hindu community suffered during these years, the way in which some members of the Hindu community supported the system of apartheid, the role of Hindus in the struggle against apartheid, and finally the contribution of the Hindu community towards reconciliation in South Africa. In conclusion some notes on how Hindus and Christians may work together in th

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