scholarly journals SEQUESTRATION OF THE INSOLVENT ESTATE: THE ‘ADVANTAGE TO CREDITORS’ REQUIREMENT

2014 ◽  
Author(s):  
Cherrie Olivier
Keyword(s):  
South Africa ◽  
South African ◽  
Legal Reform ◽  
Case Law ◽  
Legal Institutions ◽  
Insolvency Law ◽  
The Third

This essay deals with the ‘advantage to creditors’ requirement imposed by the Insolvency Act, in South African law. This essay is divided into four parts. Firstly, the requirement will be examined in order to establish the objective it aims to achieve. It will then go on to describe the various ways in which the requirement is implemented during the sequestration process in order to achieve this objective. The second part will discuss how courts interpret the relevant provisions with reference to case law. In the third part, South African insolvency law will briefly be compared to foreign insolvency law in order to raise some potential concerns about the emphasis on the ‘advantage to creditors’ requirement in our law. Finally, with due regard to the current legal institutions and proposals for legal reform in South Africa, conclusions will be drawn as to the necessity of revisiting the scope and implementation of this requirement.

New South African Review 3: The second phase – tragedy or farce? (John Daniel, Prishani Naidoo, Devan Pillay and Roger Southall, eds)

2020 ◽  
Vol 36 (1) ◽  
Author(s):  
Dirk Kotzé
Keyword(s):  
South Africa ◽  
South African ◽  
Social Practice ◽  
New South ◽  
Second Phase ◽  
Human Sciences ◽  
The South ◽  
Negotiated Settlement ◽  
The Third ◽  
Direct Competition

As the title indicates this publication is the third issue in a series of reviews. The first issue was subtitled 2010: Development or decline? (2010) and the second was New paths, old promises? (2011). These publications are edited in the Department of Sociology at Wits University as part of its Strategic Planning and Allocation of Resources Committee (SPARC) Programme. The series is intended to be a revival of the South African Review edited by the South African Research Service and published by Ravan Press in the 1980s and early 1990s. Arguably one of the best known of these series was issue seven edited by Steven Friedman and Doreen Atkinson, The Small Miracle: South Africa's negotiated settlement (1994). The latest publication should also be seen as direct competition for the Human Sciences Research Council's (HSRC) regular publication, State of the Nation. The New South African Review 3 is organised into four parts, namely Party, Power and Class; Ecology, Economy and Labour; Public Policy and Social Practice; and South Africa at Large. The four editors introduce each of the sections, consisting of 16 chapters in total. Thebook's format appears to be that of a yearbook but it is not linked to a specific year. It is therefore not in the same category as for example the South African Institute of Race Relations' annual South Africa Survey. The Review is organised around a theme, albeit very general in its formulation, and in the case of the third issue it is also not applicable to all its chapters. At the same time, though, it is not a yearbook as the choice of chapters and their foci are on the latest developments. 

scholarly journals THE FEMINIST AGENDA, A FALL OF HIERARCHAL REDRESS OR AN ATTEMPT TO ESTABLISHING AN ‘EQUAL’ SOCIETY GONE WRONG: AN INTERNAL CRITIQUE TO FEMINIST THEORIES

2019 ◽  
Author(s):  
Simon Motshweni
Keyword(s):  
South Africa ◽  
Black Women ◽  
Gender Equality ◽  
South African ◽  
Legal Reform ◽  
Theoretical Point ◽  
Critical Race ◽  
Critical Race Feminism ◽  
Feminist Theories ◽  
Point Of Departure

The aim of this paper is to interrogate the post-1994 feminist approaches to jurisprudential discourse. This interrogation will include a consideration as to whether critical instead of ‘traditional’ feminist theories contribute in transforming or decolonising South African law and jurisprudence. It is my suggestion that the inquiry to address ‘gender equality’ before and without addressing issues of racism and racial classism simultaneously in South Africa contributes effectively to the continued marginalisation of black women. As such, my position attempts to engage with the critical feminist approaches in order to address the prejudices that traditional feminist approaches impose on black women. The focal theoretical point of departure for this interrogation is critical race feminism.2 Critical race feminism proposes a progressive initiative for addressing the inconsistencies embodied within the traditional feminist approaches and is thus suitable for the South African post-apartheid context as it may trigger ‘transformative possibilities’.3 It is my contention that in order to address the marginalisation of black women, the traditional feminist approaches (such as the dominant feminist approaches) must be done away with for they are a hindrance to legal reform, as they prejudice the very structure they claim to protect.

scholarly journals Alternatives to Bankruptcy in South Africa that Provides for a Discharge of Debts: Lessons from Kenya

2019 ◽  
Vol 22 ◽  
pp. 1-34
Author(s):  
Zingaphi Mabe
Keyword(s):  
South Africa ◽  
South African ◽  
The South ◽  
Insolvency Law ◽  
Debt Restructuring ◽  
Wide Range ◽  
Insolvency Proceedings ◽  
National Credit Act

The problems faced by debtors in South Africa is not that there are no alternatives to insolvency proceedings, but that the available alternatives do not provide for a discharge of debt as with a sequestration order, which is ultimately what the debtor seeks to achieve. Debtors in South Africa can make use of debt review in terms of the National Credit Act 34 of 2005 or administration orders in terms of the Magistrates' Court Act 32 of 1944 to circumvent the sequestration process. However, both debt review and administration orders do not provide for a discharge of debt and provide for debt-restructuring only, in order to eventually satisfy the creditor's claims. Attention is given to the sequestration process and the alternatives to sequestration as they relate specifically to the discharge or lack of a discharge of a debtor's debts. The South African law is compared to Kenyan Law. This article seeks to analyse the alternatives to the bankruptcy provisions of the newly enacted Kenyan Insolvency Act 18 of 2015 in order to influence the possible reform of insolvency law in South Africa. Like the South African Insolvency Act, the old Kenyan Bankruptcy Act (Cap 53 of the Laws of Kenya) also did not have alternatives to bankruptcy. The old Kenyan Bankruptcy Act, however, contained a provision on schemes of arrangement and compositions. The Kenyan Insolvency Act now caters for alternatives to bankruptcy and provides a wide range of alternatives to bankruptcy, some of which allow debtors in different financial positions to obtain a discharge.    

Evolution of South Africa's Racist Constitutions and the 1983 Constitution

1987 ◽  
Vol 16 (1) ◽  
pp. 18-23
Author(s):  
Xia Jisheng
Keyword(s):  
South Africa ◽  
South African ◽  
State Law ◽  
The South ◽  
Constitutional Development ◽  
The Third ◽  
Fundamental State ◽  
History Of ◽  
South African Constitution

Since the enforcement of 1983 constitution, several years have passed. The 1983 constitution is the third constitution since the founding of the Union of South Africa in 1910. By observing the history of the constitutional development in more than seventy years in South Africa and the content of the current South African constitution, it is not difficult to find out that the constitution, as a fundamental state law, is an important weapon of racism. South Africa's white regime consistandy upholds and consolidates its racist rule by adopting and implementing constitutions. The aim of this article is to analyze and expose the essence of the South African racist system in mis aspect.

Christianity and Secularisation in South Africa: Probing the Possible Link between Modernisation and Secularisation

2013 ◽  
Vol 19 (2) ◽  
pp. 141-161 ◽  
Author(s):  
Nico Vorster
Keyword(s):  
South Africa ◽  
South African ◽  
Social Factors ◽  
Statistical Data ◽  
Max Weber ◽  
The Third ◽  
African Experience ◽  
The Republic ◽  
The Relationship

The secularisation theory of Max Weber states that modernisation inevitably leads to the decline of religion. This theory has in recent years been challenged by the desecularisation theories of various sociologists and philosophers. This article probes the possible link between modernisation and secularisation through a case study of the Republic of South Africa. South Africa is an important case study because it went through a rapid process of modernisation from the 1990s onwards. The first section examines the secularisation thesis of Weber and his supporters, as well as theories of desecularisation. The second section discusses the periods of anti-modernisation (1910–90) and modernisation (1990–2012) in South Africa. The third section analyses statistical data on the state of religion in South Africa, while the last section offers some concluding remarks on the relationship between modernisation and secularisation in South Africa thus far. The finding of the article is that the South African experience indicates that modernisation has an impact on religion, but the effect is not necessarily one of a decline in religion. In South Africa, modernisation has led to the decline of religion in some communities and the rejuvenation of religion in others. The effect of modernisation on religion seems to depend on its interaction with a range of other social factors.

scholarly journals Islamic Studies in South Africa

1994 ◽  
Vol 11 (2) ◽  
pp. 274-281
Author(s):  
Tamara Sonn
Keyword(s):  
South Africa ◽  
South African ◽  
Total Population ◽  
Muslim Community ◽  
Muslim Population ◽  
South Africans ◽  
Islamic Studies ◽  
The Third ◽  
Northern India ◽  
Arabic Script

Background of South African IslamIn 1994, South Africans will celebrate three centuries of Islam inSouth Africa. Credit for establishing Islam in South Africa is usuallygiven to Sheikh Yusuf, a Macasser prince who was exiled to South Africafor leading the resistance against the Dutch colonization of Malaysia. Thefitst Muslims in South Africa, however, were actually slaves who hadbeen imported, beginning in 1677, mainly from India, the Indonesianarchipelago, Malaysia, and Sri Lanka, by the Dutch colonists living in theCape. The Cape Muslim community, popularly but inaccurately knownas "Malays" and known under apattheid as "Coloreds," is the oldest Muslimcommunity in South Africa. The other major Muslim community wasestablished over a century later by indentured laborers and tradespeoplefrom northern India, a minority of whom weae Muslims. The majority ofSouth African Indian Muslims, classified as "Asians" or "Asiatics," nowlive in Natal and Tramvaal. The third ethnically identifiable group, classifiedas "Aftican" or "Black," consists mainly of converts or theirdescendants. Of the entire South African Muslim population, roughly 49percent are "Coloreds," nearly 47 pement are "Asians," and, although statisticsregarding "Africans" ate generally unreliable, it is estimated thatthey are less than 4 percent. Less than 1 percent is "White."Contributions to South African SocietyAlthough Muslims make up less that 2 petcent of the total population,their presence is highly visible. There ate over twenty-five mosques inCape Town and over one hundred in Johannesburg, making minarets asfamiliar as church towers Many are histotic and/or architectuml monuments.More importantly, Muslims ate uniquely involved in the nation'scultwe and economy. The oldest extant Afrikaans-language manuscriptsare in the Arabic script, for they ate the work of Muslim slaves writingin the Dutch patois. South African historian Achrnat Davids has tracedmany linguistic elements of Afrikaans, both in vocabulary and grammar,to the influence of the Cape Muslims. Economically, the Indian Muslimsaxe the most affluent, owing primarily to the cirmmstances under whichthey came to South Africa. Muslim names on businesses and buildingsare a familiar sight in all major cities and on those UniveAty campusesthat non-Whites were allowed to attend during apartheid ...

scholarly journals Principles for pastoral guidance to women on matters related to suicide

2014 ◽  
Vol 48 (1) ◽  
Author(s):  
Amanda L. Du Plessis
Keyword(s):  
South Africa ◽  
South African ◽  
Suicide Attempts ◽  
Depression And Anxiety ◽  
Suicidal Thoughts ◽  
Anxiety Group ◽  
The Third ◽  
The People ◽  
Average Person ◽  
Actual Suicide

According to SADAG (South African Depression and Anxiety Group) there are 23 suicides and 230 serious suicide attempts in South Africa every day. The dynamics of suicide is highly complex and there are no simple explanations or easy answers. The SADAG article shows that suicidal thoughts during times of crisis are much more common than the average person would care to admit. Believers are no exception. Suicide offers an inviting escape from difficult circumstances to a desperate person. As such, suicide confronts the pastoral counsellor with a stressful and terrifying challenge. This article explores pastoral principles that can help a counsellor provide guidance to women on matters related to suicide and offers information on suicide in three parts. The first part of the article investigates the implications of suicidal thoughts or attempts and the effect of an actual suicide on the people who remain behind. The second part examines how the church’s views on suicide have changed over the centuries. The third and final part applies the outcomes of the first two sections to offer guidelines for current-day pastoral guidance to women based on scientific research into the field of practical theology.Pastorale beginsels vir die begeleiding van vroue ten opsigte van selfmoord. Volgens SADAG (South African Depression and Anxiety Group) is daar daagliks 23 selfmoordgevalle en 230 ernstige selfmoordpogings in Suid-Afrika. Die dinamiek rondom selfmoord is hoogs kompleks en daar bestaan geen eenvoudige verduidelikings en maklike antwoorde hieromtrent nie. Die SADAG-artikel toon aan dat selfmoordgedagtes in krisistye baie meer algemeen is as wat die deursnee mens sou wou erken. Dit is ook geen uitsondering by gelowiges nie. Vir die desperate persoon kan dit selfs ’n aanloklike uitkoms in moeilike omstandighede wees. Vir die pastorale berader is hierdie kwessie ’n stresvolle en vreesaanjaende uitdaging. Hierdie artikel stel ondersoek in na pastorale beginsels wat van belang is vir die begeleiding van vroue ten opsigte van selfmoord, en bied inligting rondom die kwessie in drie dele aan. Eerstens is daar ’n ondersoek na die implikasies van selfmoordgedagtes en -pogings sowel as die effek van so ’n daad op die mense wat agterbly. Tweedens word die kerk se verskillende opvattings deur die eeue ten opsigte van selfmoord bespreek; en derdens word die bevindings van eersgenoemde twee dele aan die hand van wetenskaplike navorsing in die pastorale begeleiding aan vroue ondersoek.

Developing the Jurisprudence of Constitutional Remedies for Breach of Fundamental Rights in South Africa: An Analysis of Hoffman and Related Cases

2018 ◽  
Vol 32 (1&2) ◽  
Author(s):  
Chuks Okpaluba
Keyword(s):  
South Africa ◽  
South African ◽  
Common Law ◽  
Case Law ◽  
Public Law ◽  
Fundamental Rights ◽  
Constitutional Court ◽  
Constitutional Rights ◽  
The Novel ◽  
Labour Law

In order to accomplish its objectives of extensively regulating rights and obligations, the 1996 Constitution of South Africa similarly provides for the enforcement of those rights by the courts. In turn, it has, in the said enforcement provisions, invested in the courts enormous discretionary powers to enable them to effectively deal with breaches of the entrenched fundamental rights as well as all constitutional rights violations. That the Constitutional Court has purposefully interpreted and made optimum use of the expressions: ‘appropriate relief’ and ‘just and equitable’ order in developing the constitutional remedies jurisprudence is crystal clear from a wealth of available case law. It is also not in doubt that the contributions of Justice Ngcobo (later Chief Justice) in this regard are intellectually gratifying. This presentation singles out for discussion and analysis the judgment of Ngcobo J in Hoffman v South African Airways 2001 (1) SA 1 (CC) which not only typifies judicial activism at its acme; it has also introduced into the South African public and labour laws, the novel remedy of ‘instatement.’ Apparently drawn from the analogy of the labour law remedy of reinstatement, ‘instatement’ is akin to the remedy of mandamus in public law, and specific performance in the law of contract. This article moves from the premise that this innovation is one of its kind in contemporary common law jurisprudence and one which courts in the common law jurisdictions world would no doubt emulate one fine day.

Law, Race and Color in South Africa

1974 ◽  
Vol 4 (3) ◽  
pp. 6-11
Author(s):  
Neville Rubin
Keyword(s):  
South Africa ◽  
South African ◽  
Significant Proportion ◽  
Case Law ◽  
Major Constituent ◽  
The South ◽  
Party Government ◽  
The Law ◽  
Keen Observer ◽  
Entire Apparatus

The word "apartheid" does not appear anywhere in the South African statute book, and a keen observer would be hard put to discover its existence anywhere in the formal texts which make up the law. Yet apartheid is deeply embedded in the law of South Africa.In a country in which neither the content nor the administration of the law has ever been free from racial overtones, twenty-five years of continuous rule by the National Party Government have seen to it that the ideology of segregation has been translated into a formidable pattern of legalized racial discrimination. This pattern is to be observed throughout the entire apparatus of the South African legal system. It is written into the constitution and reflected in the legislature. It is a major constituent of the statute law of the country, and decisions as to the manner in which legislation is to be implemented make up a significant proportion of the case law. Apartheid has involved and influenced both the composition and the conduct of the courts, just as it has affected the legal profession and the teaching of law.

Die Automobilindustrie und ihre Zulieferer in Südafrika

2010 ◽  
Vol 51 (2) ◽  
pp. 18-22
Author(s):  
Torsten Czenskowsky ◽  
Mirko Aichele ◽  
Gideon Horn
Keyword(s):  
South Africa ◽  
International Cooperation ◽  
South African ◽  
Automotive Industry ◽  
Educational Institutions ◽  
Advanced Training ◽  
The Third ◽  
Nelson Mandela ◽  
Global Challenges ◽  
The Subject

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

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