Constitutional development and promotion of human security in Africa : focus on Nigeria & South Africa

2019 ◽  
Vol SI (1) ◽  
pp. 23-32
Author(s):  
Kelvin Bribena
Keyword(s):  
South Africa ◽  
Human Security ◽  
Constitutional Development

scholarly journals The curious case of legal translation

Literator ◽  
2011 ◽  
Vol 32 (1) ◽  
pp. 121-144 ◽  
Author(s):  
E. Cornelius
Keyword(s):  
South Africa ◽  
Core Competencies ◽  
Department Of Justice ◽  
Constitutional Development ◽  
Legal Translation ◽  
Cultural Systems ◽  
Recent Developments ◽  
Legal Competence ◽  
Official Languages ◽  
Legislative Language

This article explores the nature and scope of legal translation which is an under-researched area in South Africa. In this article the author predicts that the demand for competent legal translators will increase in the future, evidenced by a recent call by the Department of Justice and Constitutional Development(DoJ&CD), inviting applications for ten positions for “legislative language practitioners”. However, legal translation differs substantially from general translation in the sense that legal translation is subject to heavy restrictions at all levels and legal considerations are of paramount importance in a country such as South Africa, which provides for eleven official languages. Legal translation involves different legal languages, different legal systems and different cultural systems that require specialised knowledge and skills of the translator. The aim of this article is to investigate the core competencies and skills the legal translator must have; to consider the balance between legal competence and translation or linguistic competence; and to propose a discourse-analytical method of source text analysis, developed by Bhatia as a simplification strategy, as this may be a powerful tool in the training of legal translators in South Africa. Recent developments in South Africa relating to the Department of Arts and Culture’s obligation to translate legislation into all official languages, have important consequences for legal translation in general and the training of legal translators in particular.

scholarly journals Book Review: Andrew Faull and Sindiso Mnisi Weeks

2018 ◽  
pp. 55-60
Author(s):  
Bill (William) Dixon
Keyword(s):  
South Africa ◽  
South African ◽  
Human Security ◽  
Police Work ◽  
Access To Justice ◽  
Rural South ◽  
Cultural Contradictions ◽  
Rural South Africa

Review of: Andrew Faull, Police Work and Identity: A South African Ethnography, Abingdon, Routledge, 2018 ISBN: 978-1-138-23329-4 Sindiso Mnisi Weeks, Access to Justice and Human Security: Cultural Contradictions in Rural South Africa, Abingdon, Routledge, 2018 ISBN: 978-1-138-57860-9

scholarly journals Hydropolitics versus Human Security: Implications of South Africa's Appropriation of Lesotho's Highlands Water

Daedalus ◽  
2021 ◽  
Vol 150 (4) ◽  
pp. 181-193
Author(s):  
Oscar Gakuo Mwangi
Keyword(s):  
South Africa ◽  
International Security ◽  
Water Reservoir ◽  
Human Security ◽  
Interstate Conflict ◽  
Structural Relationship ◽  
Water Project ◽  
Environmental Threats ◽  
The World ◽  
Lesotho Highlands Water Project

Abstract The Lesotho Highlands Water Project, which exports water to South Africa, has enhanced the unequal structural relationship that exists between both states. Lesotho, one of the few countries in the world that exports water, has transformed from one of the largest sources of labor for South Africa to a water reservoir for South Africa. Though the project provides mutual strategic economic and political benefits to both riparian states, its construction has negatively affected environmental and human security in Lesotho. Due to hydropolitics, environmental threats in Lesotho caused by the project's construction are overlooked. These threats, which have devastating effects on resettled communities and the country's ecosystem, also constitute a threat to domestic and international security. The desire to prevent interstate conflict and maintain cooperation between the two riparian states further enhances the lopsided interstate relationship.

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.

scholarly journals Sideswipes and Backhanders: Abolition of the Reasonable Chastisement Defence in South Africa

2020 ◽  
Vol 34 (2) ◽  
pp. 191-203
Author(s):  
Julia Sloth-Nielsen
Keyword(s):  
South Africa ◽  
South African ◽  
Corporal Punishment ◽  
Cultural Beliefs ◽  
Freedom Of Religion ◽  
Constitutional Court ◽  
Correct Decision ◽  
The South ◽  
Constitutional Development ◽  
History Of

Abstract This article reviews the abolition of the defence of reasonable chastisement by the South African Constitutional Court on the grounds that it infringes the Constitution. After detailing the history of the abolition of corporal punishment in a democracy with the Constitution as supreme law, the article dissects the reasoning of the Constitutional Court. It argues that judgment in Freedom of Religion South Africa v Minister of Justice and Constitutional Development (hereafter FORSA), whilst overall positive in its result, is probably a low water mark in the development of children’s rights jurisprudence in South Africa. There are a number of inadequacies and strangely deferential statements in the FORSA decision. Whilst inescapably coming to the constitutionally correct decision, the reluctance of the Court to reach this point, and its desire to accommodate the religious and cultural beliefs of the appellants, is evident. The way forward has, as a result, been left rather obscure.

The Constitutional Development of South Africa

1918 ◽  
Vol 1 ◽  
pp. 218-235
Author(s):  
Lieut-Colonel L. S. Amery
Keyword(s):  
South Africa ◽  
Sandy Desert ◽  
Tropical Africa ◽  
Constitutional Development ◽  
The United Kingdom ◽  
Political Unity ◽  
History Of ◽  
Little Italy ◽  
Eastern Edge ◽  
The Universe

The history of South Africa is the story of the disintegration and eventual reconstruction of a country essentially one in all the main features that make for political unity. It is, as Carlyle said of the United Kingdom, and with even more truth, ' one on the ground plan of the Universe,' a compact block of temperate territory jutting out from tropical Africa into the Southern Ocean. There is a coast fringe, nowhere of any size except in the East, where it belongs to Portugal and falls outside the scope of our story, and immediately round the Cape where it forms a little Italy, a region of orchards and vineyards, the seclusion of which from the life of the veld beyond may have accounted for many mistakes in the days when South Africa was governed from Cape Town. For the rest South Africa is a vast terraced plateau, greener and better watered towards its eastern edge, shading off towards sandy desert on the West, but singularly uniform in all its characteristics, and broken up by no serious natural barriers.

scholarly journals Thoughts on the Decriminalisation of the Use or Possession of Cannabis Within Private Settings – Minister of Justice and Constitutional Development v Prince 2019 (1) SACR 14 (CC)

Obiter ◽  
2021 ◽  
Vol 41 (4) ◽  
pp. 988-1003
Author(s):  
Philip Stevens
Keyword(s):  
South Africa ◽  
Drug Trafficking ◽  
Critical Analysis ◽  
Constitutional Development ◽  
Current Discussion

The use or possession of drugs has been a phenomenon since time immemorial. In South Africa, the essential offences pertaining to drugs are provided for in the Drugs and Drug Trafficking Act 140 of 1992 (the Act). The two most important crimes provided for in the Act are “dealing in drugs” and the “use or possession of drugs”. The Act divides drugs into three general categories – namely, dependence-producing substances; dangerous dependence-producing substances; and undesirable dependence-producing substances. The specific drugs resorting in each of these categories are listed in Schedule 2 of the Act. The punishment prescribed for the possession, use or dealing in dangerous dependence-producing substances and undesirable dependence-producing substances is harsher than that for possession, use or dealing in dependence-producing substances. It is interesting, and topical for purposes of the current discussion, that cannabis or dagga is classified in terms of Schedule 2 as an undesirable dependence-producing substance.The case under discussion (Minister of Justice and Constitutional Development v Prince 2019 (1) SACR 14 (CC)) is of particular importance as the use or possession of cannabis within private settings was addressed from a constitutional perspective and, more pertinently, on a question as to the constitutionality of the criminalisation thereof. Upon first glance, it seems as though the issues addressed in this case correspond with the disputes addressed in the earlier case of Prince v The President, Cape Law Society (2002 (2) SA 794 (CC) (Prince (2)). As is indicated in this contribution, the issues in these two judgments are distinct and differ in many instances.A critical analysis of the decision under discussion reveals that although the use or possession of cannabis within private settings has, by virtue of the case, been decriminalised against a constitutional backdrop, it also opens the door to critical debate pertaining to various substantive and procedural issues.

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