The Need for Culturally Responsive Mediation Practices to Enhance the Process and Outcomes of Mediation for Unmarried Fathers

2021 ◽  
Vol 33 (1) ◽  
Author(s):  
Razia Nordien-Lagardien ◽  
Blanche Pretorius ◽  
Susan Terblanche
Keyword(s):  
South Africa ◽  
Culturally Responsive ◽  
Customary Law ◽  
Significant Progress ◽  
Structured Interviews ◽  
Family Mediation ◽  
The Past ◽  
Explorative Study ◽  
Factors Influencing ◽  
Unmarried Fathers

The past decade has shown significant progress in family mediation services in South Africa, following the implementation of the amended Children’s Act of 2005, which has not fully considered issues relating to customary law and culture pertaining to mediation with unmarried fathers. A broader qualitative explorative study was undertaken to understand the experiences and perceptions of unmarried fathers, unmarried mothers and mediators regarding mediation. This article focuses on factors influencing the process and outcomes of mediation for unmarried fathers. Semi-structured interviews were conducted with a sample of seven unmarried fathers and eight mediators. Factors were identified that influence the process and outcomes of family mediation, of which culture, customary law and family dynamics are the focus of this article. Findings from Xhosa and Zulu participants in the study highlight the need for the inclusion of culturally responsive approaches to family mediation services by foregrounding issues relating to customary law, culture, and unmarried fathers.

scholarly journals Factors Influencing Readiness for Transformational E-Government: An Empirical Study on Perspective of Local Governments in South Africa

2020 ◽  
Author(s):  
Fetnani Cecilia
Keyword(s):  
South Africa ◽  
Service Delivery ◽  
Local Governments ◽  
Structuration Theory ◽  
Structured Interviews ◽  
Social Construct ◽  
Case Study Methodology ◽  
Factors Influencing ◽  
Information And Communication ◽  
Duality Of Structure

The purpose of the chapter is to explore the readiness of local governments (municipalities) in South Africa to transform to be able to deliver services to its citizens using ICT. The study applied Structuration Theory (ST) and drew on the concepts of duality of structure and action particularly: the enactment of technology-in-practice (ETiP) as a lens to understand and interpret the social construct. The objective was to determine the factors contributing to the readiness of municipalities to adopt ICT to transform the way and manner they deliver essential services to the public. The concept “Transformational e-Government” (TeG) is discussed in this chapter to analyse the determinant factors influencing service delivery. This chapter aimed to analyse the readiness of South African local government when rendering services through information and communication technology (ICT). An interpretive case study methodology where semi-structured interviews were used to collect information. The findings were that out of the 15 participated municipalities only 7% were ready for TeG initiatives, 60% were near ready and 33% have a long way to go to implement TeG initiatives. The results also showed that 5 out of the 8 Metro Cities in South Africa were ready to implement TeG initiatives successfully. The implications of the study were that, the ST is able to provide the lens through which to understand, interpret and determine the factors contributing to the readiness of municipalities to implement TeG to improve service delivery.

scholarly journals The Centrality of Customary Law in the Judicial Resolution of Disputes that Emanate from it – Dalisile v Mgoduka (5056/2018) [2018] ZAECMHC

Obiter ◽  
2019 ◽  
Vol 40 (3) ◽  
Author(s):  
Nomthandazo Ntlama
Keyword(s):  
South Africa ◽  
Common Law ◽  
Case Note ◽  
Customary Law ◽  
Legal Systems ◽  
Case Discussion ◽  
High Court ◽  
The Past ◽  
History Of ◽  
The Republic

The recent judgment by the Mthatha High Court in Dalisile v Mgoduka ((5056/2018) [2018] ZAECMHC (Dalisile)) has elicited much jubilation over the permeation of customary-law principles into the judicial resolution of disputes that emanate from a customary-law context. The judgment comes at a time when common-law principles appear to have infiltrated the resolution of disputes that originate from customary law. This case paves the way and provides a foundation for the resolution of customary-law disputes within their own context. It reinforces arguments that have long been canvassed to constitutionalise customary law within its own framework. It endorses the envisioned commitment to translate into reality the “healing of the divisions of the past” as envisaged in the preamble of the Constitution of the Republic of South Africa 1996. Section 211(3) of the Constitution is distinct and prescriptive on the obligations of the courts relating to the application of customary law. Section 211(3) is in the context of pursuing the advancement of a constitutionalised system of customary law that seeks to equate the applicable laws of the Republic.This case has filled a lacuna in the application and interpretation of customary law, which has been clouded by the prism of common law. The gap was acknowledged by the court in Alexkor Ltd v Richtersveld Community (2003 (12) BLCR 1301 (CC). In Alexkor, customary law was affirmed as an independent and legitimate source of law that is empowered to regulate its own affairs within the framework of the Constitution. It does not have to be legitimised and validated by common-law principles in addition to the Constitution.Resolving disputes arising from customary law has been a great cause for concern. The courts have delivered many disappointing judgments in the area of resolving customary-law disputes. These judgments appear to lean towards importing common-law principles into the resolution of disputes that arise from the system of customary law. This case note does not intend to discuss these judgments in any depth as they have been dealt with elsewhere.It is thus not the purpose of this case discussion to delve into the history of customary law. Its intended focus is limited to the significant stride made by the court in Dalisile in uprooting the dominance of the application of common-law principles in the resolution of disputes that arise from the system of customary law. The objective is to generate debate on the contribution that the judgment makes to the incorporation of Africanised principles into the broader constitutional framework of the jurisprudence of our courts. The note argues that it is the Constitution that is the dominant authority over all the legal systems that are applicable in the Republic, including customary law.

Informed consent: Towards improved lay-friendliness of patient information sheets

2014 ◽  
Vol 10 (3) ◽  
pp. 201-211
Author(s):  
Morten Pilegaard ◽  
Hanne Berg Ravn
Keyword(s):  
Informed Consent ◽  
Information Structure ◽  
Language Use ◽  
Ethical Standards ◽  
Structured Interviews ◽  
Explorative Study ◽  
Microsoft Word ◽  
Text Production ◽  
Linguistic Intervention ◽  
Set Up

Regional research ethics committee (REC) members have voiced a need for the linguistic improvement of informed consent documents to ensure duly informed consent and to ease committee deliberation. We have little knowledge of what elements of language use hamper comprehension, or of the extent of medical researchers’ appreciation of this problem and their willingness to accept intervention. This qualitative, explorative study proposes an intervention design and tests its feasibility and acceptability. Semi-structured interviews with potential REC applicants informed a linguistic intervention benchmarked against existing guidelines, mandated locally and nationally, and then evaluated quantitatively in a semi-controlled set-up and qualitatively via questionnaires. Potential applicants professed the psychological acceptability of linguistic intervention. The intervention comprised a downloadable Microsoft Word template outlining information structure, a detailed guideline offering advice for each move and self-selected linguistic screening. It was used by 14 applicants and had a measurable effect on REC deliberation time and approval rates. The intervention instruments overall made it easier for applicants to produce informed consent documents meeting prescribed ethical standards concerning lay-friendliness. In conclusion, it was found that linguistic intervention is relevant, feasible and psychologically acceptable to REC applicants; it aids their text production process and seems to enhance the lay-friendliness of these texts.

RESEARCH COLLABORATION AMONG LIBRARY AND INFORMATION SCIENCE SCHOOLS IN SOUTH AFRICA (1991–2012): AN INFORMETRICS STUDY

Mousaion ◽  
2017 ◽  
Vol 34 (3) ◽  
pp. 36-59 ◽  
Author(s):  
Jan R. Maluleka ◽  
Omwoyo B. Onyancha
Keyword(s):  
South Africa ◽  
Information Science ◽  
Research Collaboration ◽  
Science And Technology ◽  
Library And Information Science ◽  
Limited Extent ◽  
Microsoft Excel ◽  
The Past ◽  
Software Packages ◽  
Collaborative Activities

This study sought to assess the extent of research collaboration in Library and Information Science (LIS) schools in South Africa between 1991 and 2012. Informetric research techniques were used to obtain relevant data for the study. The data was extracted from two EBSCO-hosted databases, namely, Library and Information Science Source (LISS) and Library, Information Science and Technology Abstracts (LISTA). The search was limited to scholarly peer reviewed articles published between 1991 and 2012. The data was analysed using Microsoft Excel ©2010 and UCINET for Windows ©2002 software packages. The findings revealed that research collaboration in LIS schools in South Africa has increased over the past two decades and mainly occurred between colleagues from the same department and institution; there were also collaborative activities at other levels, such as inter-institutional and inter-country, although to a limited extent; differences were noticeable when ranking authors according to different computations of their collaborative contributions; and educator-practitioner collaboration was rare. Several conclusions and recommendations based on the findings are offered in the article.

Factors that Influence the Durability of Transplanted Kidneys in South Africa

2019 ◽  
Vol 21 (2) ◽  
Author(s):  
Hillary Ndemera ◽  
Busisiwe R. Bhengu
Keyword(s):  
South Africa ◽  
Kidney Transplant ◽  
Lifestyle Modification ◽  
P Value ◽  
Transplant Recipients ◽  
Kidney Transplant Recipients ◽  
Kidney Allograft ◽  
Factors Influencing ◽  
Allograft Loss ◽  
Transplanted Kidneys

Kidney transplantation is the cornerstone for renal treatment in patients with end-stage renal failure. Despite improvements in short-term outcomes of renal transplantation, kidney allograft loss remains a huge challenge. The aim of the study was to assess factors influencing the durability of transplanted kidneys among transplant recipients in South Africa. A descriptive cross-sectional study design was used. A random sampling was used to select 171 participants. Data were collected through structured face-to-face interviews developed from in-depth consideration of relevant literature. Data were coded and entered into the SPSS software, version 24. The entered data were analysed using descriptive and inferential statistics. The results revealed that the average durability of transplanted kidneys was 9.07 years among selected kidney transplant recipients in South Africa. Factors associated with the durability of transplanted kidneys included age, the sewerage system and strict immunosuppressive adherence, all with a P-value = .000, followed by the mode of transport (P-value = .001) and support system (P-value = .004). Other variables including demographics, the healthcare system, medication and lifestyle modification engagement were not associated with the durability of transplanted kidneys. Understanding the factors influencing the durability of transplanted kidneys among kidney transplant recipients in South Africa is crucial. The study revealed associated factors and gaps which may be contributory factors to kidney allograft loss. This study provides an opportunity to introduce specific interventions to nephrology professionals to promote prolonged graft durability. It is recommended that a specific intervention model be developed, which targets South African kidney recipients taking into account the significant variables in this study and the socio-economic status of the country.

Free but fragile: Human relations amidst poverty and HIV in democratic South Africa

2015 ◽  
Vol 2 (2) ◽  
pp. 85-94
Author(s):  
Christina Landman
Keyword(s):  
South Africa ◽  
Predominantly White ◽  
Black People ◽  
Hiv Treatment ◽  
Human Relations ◽  
White People ◽  
Black And White ◽  
The Past ◽  
Wide Range ◽  
Black Township

Dullstroom-Emnotweni is the highest town in South Africa. Cold and misty, it is situated in the eastern Highveld, halfway between the capital Pretoria/Tswane and the Mozambique border. Alongside the main road of the white town, 27 restaurants provide entertainment to tourists on their way to Mozambique or the Kruger National Park. The inhabitants of the black township, Sakhelwe, are remnants of the Southern Ndebele who have lost their land a century ago in wars against the whites. They are mainly dependent on employment as cleaners and waitresses in the still predominantly white town. Three white people from the white town and three black people from the township have been interviewed on their views whether democracy has brought changes to this society during the past 20 years. Answers cover a wide range of views. Gratitude is expressed that women are now safer and HIV treatment available. However, unemployment and poverty persist in a community that nevertheless shows resilience and feeds on hope. While the first part of this article relates the interviews, the final part identifies from them the discourses that keep the black and white communities from forming a group identity that is based on equality and human dignity as the values of democracy.

A Review of Medical Waste Management in South Africa

2018 ◽  
Vol 10 (1) ◽  
pp. 34-45 ◽  
Author(s):  
Olaniyi FC ◽  
Ogola JS ◽  
Tshitangano TG
Keyword(s):  
South Africa ◽  
Waste Management ◽  
South African ◽  
Management Practice ◽  
National Policy ◽  
Medical Waste ◽  
African Government ◽  
The Past ◽  
Government Documents ◽  
Medical Waste Management

Background:Poor medical waste management has been implicated in an increase in the number of epidemics and waste-related diseases in the past years. South Africa is resource-constrained in the management of medical waste.Objectives:A review of studies regarding medical waste management in South Africa in the past decade was undertaken to explore the practices of medical waste management and the challenges being faced by stakeholders.Method:Published articles, South African government documents, reports of hospital surveys, unpublished theses and dissertations were consulted, analysed and synthesised. The studies employed quantitative, qualitative and mixed research methods and documented comparable results from all provinces.Results:The absence of a national policy to guide the medical waste management practice in the provinces was identified as the principal problem. Poor practices were reported across the country from the point of medical waste generation to disposal, as well as non-enforcement of guidelines in the provinces where they exit. The authorized disposal sites nationally are currently unable to cope with the enormous amount of the medical waste being generated and illegal dumping of the waste in unapproved sites have been reported. The challenges range from lack of adequate facilities for temporary storage of waste to final disposal.Conclusion:These challenges must be addressed and the practices corrected to forestall the adverse effects of poorly managed medical waste on the country. There is a need to develop a medical waste policy to assist in the management of such waste.

Traditional and Customary Law: Adat

2018 ◽  
Author(s):  
Simon Butt ◽  
Tim Lindsey
Keyword(s):  
Judicial Review ◽  
Rural Areas ◽  
Small Proportion ◽  
Local Governments ◽  
The State ◽  
Customary Law ◽  
Constitutional Court ◽  
The Past ◽  
Statutory Protection ◽  
Traditional Communities

Many Indonesians—primarily those living in rural areas—still follow customary law (adat). The precise rules and processes of that adat differ significantly from place to place, even within short distances. This chapter shows that for many decades, adat has been subservient to national law. State-made law overrode it, leaving it applicable only in a very small proportion of cases where no national law applied, where judges could apply it as ‘living law’. Even in these cases, many judges ignored adat or distorted it when deciding cases. The 1945 Constitution was amended in 2000 to require the state to formally recognize and respect customary law, as practised in traditional communities. The Constitutional Court has given effect to this in various judicial review cases, as have some statutes enacted in the past decade or so. However, this constitutional and statutory ‘protection’ has been impeded in practice by requirements for traditional communities to be formally ‘recognized’ by their local governments, many of whom have been unresponsive to calls for recognition.

scholarly journals Calibration of Radiocarbon Dates for the Late Pleistocene Using U/Th Dates on Stalagmites

Radiocarbon ◽  
1997 ◽  
Vol 39 (1) ◽  
pp. 27-32 ◽  
Author(s):  
John C. Vogel ◽  
Joel Kronfeld
Keyword(s):  
South Africa ◽  
Magnetic Dipole ◽  
Satisfactory Agreement ◽  
Late Pleistocene ◽  
Calibration Curve ◽  
Dipole Field ◽  
Radiocarbon Dates ◽  
The Past ◽  
The Earth ◽  
Magnetic Dipole Field

Twenty paired 14C and U/Th dates covering most of the past 50,000 yr have been obtained on a stalagmite from the Cango Caves in South Africa as well as some additional age-pairs on two stalagmites from Tasmania that partially fill a gap between 7 ka and 17 ka ago. After allowance is made for the initial apparent 14C ages, the age-pairs between 7 ka and 20 ka show satisfactory agreement with the coral data of Bard et al. (1990, 1993). The results for the Cango stalagmite between 25 ka and 50 ka show the 14C dates to be substantially younger than the U/Th dates except at 49 ka and 29 ka, where near correspondence occurs. The discrepancies may be explained by variations in 14C production caused by changes in the magnetic dipole field of the Earth. A tentative calibration curve for this period is offered.

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