scholarly journals Pro Bono in South Africa

2021 ◽  
Author(s):  
Thabang Pooe ◽  
Alice Brown ◽  
Jonathan Klaaren

This chapter explores issues related to the state of pro bono legal services and access to justice in South Africa. As is made clear in this book, what is referred to as “pro bono” comes from the Latin pro bono publico, meaning “for the public good.” It describes legal work undertaken by legal practitioners without remuneration or at significantly below-market rates as a public service for individuals or organizations who cannot afford to pay. In the South African context, the concept of pro bono must be understood alongside specific constitutional provisions as well as against the structure of the legal profession. In our view, increasing access to justice for the poor, marginalized, and indigent individuals and communities should be seen by members of the South African legal community as an essential component to fulfilling not only their civic duty but also their constitutional obligations. Our understanding of pro bono includes aspirations of access to justice with the legal profession playing a part in its realization. This can only be made real for all people living in South Africa if they have access to legal representation, and much of the private legal profession understands and acknowledges that it has anobligation in this regard. Pro bono practice is therefore a necessary institution for addressing access to justice. It is not, however, sufficient. Pro bono practice must be augmented by the work of paralegals and extended to the particular South African vision of community service, which itself does aspire to implement and achieve access to justice.

Sexualities ◽  
2021 ◽  
pp. 136346072110374
Author(s):  
Letitia Smuts

This article explores sexual agency and pleasure among heterosexual women in South Africa. By focussing on Tupperware-style sex-toy parties, this article offers a glimpse into a ‘hidden’ world of white, middle-class women living in Johannesburg. What is revealed in this ethnographic account is that these gatherings promise women new ways of enjoying sex, while remaining within the boundaries of heteronormative notions of (hetero)sex. I use the term ‘decently transgressing’ to capture the ways in which the women in this study make sense of their (hetero)sexual selves and how they negotiate their (hetero)sexual agencies, particularly in relation to past and present heteronormative discourses within the South African context. The findings show that there are tensions between women wanting to embrace their own sexual agency and desires, yet at the same time being limited by certain heteronormative norms.


1999 ◽  
Vol 25 (1) ◽  
Author(s):  
F. Abrahams ◽  
K. F. Mauer

The primary aims of the study were to determine whether the scores of the 16PF (SA92) are comparable in a crosscultural setting in South Africa, and also to investigate the influence of the gender of the research participants on the scores of the 16PF (SA92). The sample consisted of 983 students who were enrolled at different universities at the time of the field work. The statistical methods involved the application of descriptive statistics as well as methods to determine the comparability of the constructs. The results showed that although race exercised a considerable influence on the findings, this was not necessarily the case as far as gender was concerned. The presence of problems relating to the construct comparability of the test were also identified, as significant differences in means were found between the different race groups. Some of the implications of persisting with the use of the 16PF (SA92) in the South African context are outlined against the background of recently promulgated labour legislation. Opsomming Die primere doelstellings met die onderhawige studie was om die toepaslikheid van die 16PF (SA92) in Suid Afrikaanse konteks met sy diversiteit van kultuurgroepe te evalueer. Die invloed van die geslag van die navorsingsdeelnembers op die resultate is ook nagevors. Die deelnemergroep het bestaan uit 983 studente wat ten tye van die veldwerk aan verskillende universiteite gestudeer het. Benewens normale beskrywende statistiek, is daar ook gebruik gemaak van metodes om konstrukvergelykbaarheid te evalueer. Die bevindings het daarop gedui dat alhoewel ras 'n belangrike invloede op die toetsfaktore uitoefen, dit nie die geval is in soverre dit geslag betref nie. Die teenwoordigheid van probleme het ook ten opsigte van konstrukvergelykbaarheid na vore getree, aangesien betekenis voile verskille tussen gemiddeldes gevind is. Sommige van die implikasies van die volgehoue gebruik van die 16PF (SA92) in Suid Afrika word ook in die lig van die resente arbeidswetgewing bespreek.


2020 ◽  
Vol 15 (3) ◽  
pp. 141-160
Author(s):  
Anna Wilshire Jones Bornman ◽  
Carol Jean Mitchell

Purpose The purpose of this study was to explore children’s pathways through homelessness within the South African context, with particular attention paid to pathways out of homelessness. This study focusses on factors influencing children’s successful transitions out of homelessness. Design/methodology/approach A qualitative exploratory design was used, using interviews with nine children who had exited or were in the process of exiting homelessness. Interviews were conducted at a children’s shelter in Pietermaritzburg or in the children’s home environments. Interviews were analysed thematically. Findings An ecological framework was used to frame the factors influencing children’s pathways in, through and out of homelessness in the children’s narratives. These included institutions, relationships and intrapersonal strengths and resources. The study suggested that constructive relationships with shelter staff and parental figures, as well as intrapersonal strengths, were the most prominent factors in children successfully negotiating their way through their homelessness. The importance of a relationship with the paternal family within some African cultures was also a point of leverage. Research limitations/implications Implications for policy and practise include the need for systemic change, as well as greater support for shelters and shelter staff. The issue of rivalry in the shelter context and the role of the paternal family in the reintegration process require more research attention. The research is limited to homeless children in Pietermaritzburg, South Africa. Practical implications This study provided feedback to the shelter regarding their strategies for assisting homeless children off the streets. It further provided evidence for the importance of the work of the shelter, to strengthen advocacy efforts. This may be useful to others in similar circumstances. Social implications This study highlights the importance of macrosystemic interventions in the efforts to assist homeless children, while at the same time not ignoring the inter and intra, personal elements to enhancing their well-being. Originality/value This paper is singular in its exploration of factors influencing children’s successful transitions out of homelessness within the South African context.


Author(s):  
Jerry Pillay

This article looks at theological education and missional formation in the South African context. It examines the understanding of theology and mission and connects it with theological education. It then proceeds to explore some of the essential elements that should constitute theological education in the South African context. The aim is to show that theological education in South Africa is in need of transformation.


2010 ◽  
Vol 12 (04) ◽  
pp. 375-397 ◽  
Author(s):  
FRANCOIS RETIEF

This paper explores the evolution of environmental assessment (EA) debates over the last decade within the South African context as reflected in the proceedings of the annual International Association for Impact Assessment, South African chapter (IAIAsa) conferences between 1997 and 2008. Retrospective analysis is important to ensure that the profession avoids unlearning key lessons, keeps and gains perspective, builds the knowledge base and plans for the future. The analysis involved a review of 472 papers presented at these conferences. The results suggest that debates have shifted away from concerns with quality and application of environmental assessment towards serious questions about effectiveness and the value that environmental assessment is adding. It is clear that the profession is currently going through a period of intense introspection, questioning the need for and contribution of EA.


2016 ◽  
Vol 42 (1) ◽  
Author(s):  
Olivia Smidt ◽  
Leon T. De Beer ◽  
Lizelle Brink ◽  
Michael P. Leiter

Orientation: Workplace incivility holds consequences for both individuals and organisations. Managers are becoming increasingly aware of this phenomenon. Currently, there is no workplace incivility scale validated for use within the South African context. Research purpose: To investigate the reliability and validity of the adapted workplace incivility scale by Leiter and colleagues for use within South Africa. Motivation for the study: As it is currently difficult to measure workplace incivility within the South African context because of the lack of a valid and reliable scale, it is necessary to validate such a scale.Research design, approach and method: A cross-sectional research approach was used for the study. Convenience sampling (N = 345) was used within the South African banking industry. Specifically, the factor structure, convergent validity, discriminant validity and predictive validity were investigated in order to establish the overall validity of the scale. Main findings: The results confirmed that the scale showed a three-factor structure as bestfitting with acceptable reliability coefficients. Furthermore, discriminant validity could be shown between workplace incivility and workplace bullying, that is, supporting that these two constructs are not the same phenomenon. In terms of relationships, colleague incivility did not significantly predict any of the outcome variables and instigated incivility only being a negative predictor of job satisfaction and a borderline statistically significant negative predictor of work engagement. However, supervisor incivility predicted all the outcomes negatively. Practical/Managerial implications: Based on the results, workplace incivility should be addressed because of the harmful effects it can have, not only on employees but also on organisations. It is therefore necessary for managers to create awareness of workplace incivility in order to ensure that it does not integrate within the organisational culture and affect individual and organisational performance. Contribution/Value-add: The study contributes to the limited research available in South Africa regarding workplace incivility by providing a scale that is valid and reliable.


2014 ◽  
Vol 11 (3) ◽  
pp. 253-272 ◽  
Author(s):  
Pravina D. Oodith ◽  
Sanjana Brijball Parumasur

This paper analysed the viability of Prahalad’s Bottom of the Pyramid (BOP) proposition within the South Africa context as a mechanism to eradicate/minimize poverty by ensuring a joint collaborative effort by government, NGOs, large domestic firms, multinational corporations (MNCs) as well as the poverty stricken citizens themselves. It conceptualized the BOP proposition and, having reviewed statistics on the extent of poverty globally and in South African in particular, confirmed that the BOP is a lucrative market in the South African context. From the paper, it is evident that the BOP proposition, if effectively implemented, has the potential to reduce poverty in South Africa and increase the profits of MNCs. It then reviewed Prahalad’s twelve Principles of Innovation and strategically divided these into six differentiation and six low-cost strategies. The paper concludes by articulating creative strategies (based on Prahalad’s 12 principles of innovation) for active participation and competitive advantage at the bottom of the pyramid, which are vividly presented in a model for strategic partners especially multinational corporations (MNCs) to adopt when expanding their scale of operations to incorporate the BOP market.


Obiter ◽  
2020 ◽  
Vol 41 (1) ◽  
pp. 122-135
Author(s):  
Muneer Abduroaf

This article investigates how the Islamic law of succession and administration of estates is applied in Singapore and South Africa with regard to the “Islamic will”. This kind of will includes a provision where the testator or testatrix states that his or her estate must be distributed in terms of the Islamic law of succession. This requires an Islamic law expert or an Islamic organisation to draft an Islamic distribution certificate stating who the beneficiaries of the person are. The distribution certificate is drafted after the testator or testatrix has died. An Islamic distribution certificate within the Singaporean context is specifically compared with one in the South African context. This article looks at whether features found in the Singaporean model can be applied to the South African context. An overview of the Muslim population in Singapore and South Africa is presented by way of introduction. This is followed by an examination of the constitutional and international obligations of the two countries in light of their equality provisions, and a comparative analysis of the Islamic law of succession and administration of estates in the two countries. The focus areas looked at are liability claims, testate succession claims and intestate succession claims. A brief analysis of the findings and concluding remarks are made at the end of the article.


Author(s):  
Anél Du Plessis ◽  
Oliver Fuo

This article responds to the tension inherent in the Constitution of the Republic of South Africa 1996 which lists ‘the environment’ proper as a function of national and provincial government. The authors discuss one of the arguments raised in the recently decided case of Marius Nel and Others v Hessequa Local Municipality and Others (2015) with particular emphasis on what the court’s reasoning adds to the growing body of jurisprudence on local government’s authority to govern environmental matters and the need for cooperative environmental governance in the South African context. The article features an overview of the relevant facts and findings in the Hessequa case, followed by a discussion of the implications of the court’s judgment.


2020 ◽  
pp. 827-848
Author(s):  
Christiaan Bezuidenhout ◽  
Karen Booyens

In this chapter, the authors focus on corrections and punishment in South Africa by drawing from the historical background of corrections to current punishment approaches. The different punishment eras are described ranging from the Colonial Era to Apartheid and finally Democratization. Within each of these eras the punishment philosophy is discussed. The authors then proceed with a discussion of current punishment approaches, which include incapacitation, retribution, rehabilitation and deterrence, with the last two approaches being applied to the South African context. Regarding deterrence, minimum sentence legislation is used as an example to illustrate how long term imprisonment may deter people from committing crime. However, the consequence of such a punishment approach is the overcrowding of prisons. Rehabilitation of offenders is discussed from the viewpoint of nothing works to what works and includes a description of rehabilitation programs and the introduction of victim-offender-dialogues in South African prisons.


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