scholarly journals An Evaluative Study of Criminalistics: A Case of South African Counterfeiting and Knock-Off Menace

2021 ◽  
Vol 4 (2) ◽  
pp. 45-60
Author(s):  
Godfrey Thenga
Keyword(s):  
South Africa ◽  
South African ◽  
Human Life ◽  
Health Hazard ◽  
Capital Flight ◽  
Tax Revenue ◽  
African Countries ◽  
Counterfeit Goods ◽  
Evaluative Study ◽  
The World

Counterfeit goods are a health hazard to human life, environment and business. More so as the goods destroy the viability of legitimate businesses across the world. Counterfeit goods are characterized as a threat to the financial viability of legitimate businesses and has a dire impact on the tax revenue of countries, necessitating its effective and efficient policing for the financial wellbeing of countries. If not well managed, counterfeit goods could lead to unemployment, disinvestment and capital flight in countries. The available evidence reveals that even though counterfeit goods has dire consequences for the economic wellbeing of countries, its penalties in most African countries are less severe in comparison to penalties for other crimes. The sight of counterfeit goods in many places, such as on busy street corners and transportation terminals in the Southern parts of Africa, attests to its prevalence in the continent. Especially in South Africa as the country has become a transit point for contrabands. Post 1994, South Africa opened its borders to the world of branded and protected goods and this enabled rogue people to trade in counterfeit goods. Effective policing is hindered by the use of sophisticated skills and expertise that leads to counterfeit goods resembling genuine goods. Moreover, in South Africa, the problem persists despite the promulgation of the Counterfeit Goods Act 37 of 1997, thus questioning the effectiveness of the policing strategies in use to quell the problem.

Fanonian practices in South Africa: From Steve Biko to Abahlali baseMjondolo (Nigel Gibson)

2020 ◽  
Vol 36 (1) ◽  
Author(s):  
Munyaradzi Mawere
Keyword(s):  
United States ◽  
South Africa ◽  
Latin America ◽  
South African ◽  
United States Of America ◽  
The United States ◽  
Black Theology ◽  
Frantz Fanon ◽  
African Countries ◽  
The World

Frantz Fanon, the Algerian theorist of revolution and social change, continues living through his profoundly luminous work that remains influential to the thinking and actions of many a people across the world even today. In Fanonian Practices in South Africa (2011), which comprises an introduction and five chapters, Nigel Gibson grapples with the important question of the relevance of Fanon's thought, 50 years after his death in 1961, to the South African situation especially from the time of Steve Biko to the time of the birth of the shack dwellers' movement, Abahlali baseMjondolo (Abahlali) in Durban on 19 March 2005. Gibson acknowledges that the idea of Fanonian Practices is not limited to South Africa but relevant also for other African countries. Elsewhere, Fanon's ideas have been exported to Black theology of liberation by scholars such as James Cone in the United States of America (USA) and Paulo Freire in Latin America.

scholarly journals Southern African responses to the COVID-19 pandemic: A study of Botswana and South Africa

2021 ◽  
Vol 9 (1) ◽  
Author(s):  
Tyanai Masiya ◽  
David Mandiyanike ◽  
Dintle Molosiwa ◽  
Adrino Mazenda
Keyword(s):  
South Africa ◽  
South African ◽  
World Health ◽  
Effective Management ◽  
African Countries ◽  
Study Approach ◽  
The World ◽  
Response Measures ◽  
Health Organization

Background: Southern African countries adopted diverse responses to the challenge posed by the COVID-19 pandemic outbreak, which manifested itself as both a health and economic disaster.Aim: Using a case study approach of two South African countries, namely Botswana and South Africa, the article assessed their response measures to the COVID-19 pandemic.Setting: Southern African countries applied ‘domesticated’ forms of responses thus, there has been no one-size-fits-all approach to managing the pandemic.Methods: The study adopted a qualitative approach. Two case studies namely Botswana and South Africa were used. Documentary evidence was drawn from these case studies.Results: To ensure that Southern African countries and indeed the world in general navigate the challenges posed by the COVID-19 pandemic, the World Health Organization (WHO) developed operational planning guidelines that had sought to balance the demands of responding effectively to COVID-19 and the need to serve economies from collapse. However, an analysis of the programmes of responses in South African countries such as Botswana showed the ‘domestication’ of the guidelines. Nevertheless, the guidelines, although having met with criticism in some cases had significantly contributed to the effective management of COVID-19 health and economic effects.Conclusion: The COVID-19 pandemic required the state and its institutions to exercise effective leadership and unified action. In South African countries such as Botswana and South Africa, this pandemic showed the importance of governments in shaping the effectiveness of national responses, strategies and approaches in tackling the crisis.

Stability and Governability the Benign Effects of Party Dominance in South Africa

2020 ◽  
Vol 13 (1) ◽  
pp. 56-75
Author(s):  
Ainara Mancebo
Keyword(s):  
South Africa ◽  
South African ◽  
Trade Unions ◽  
African National Congress ◽  
The Other ◽  
Democratic Transitions ◽  
African Countries ◽  
National Congress ◽  
Independence Era ◽  
Party Dominance

A tripartite alliance formed by the African National Congress, the South African Communist Party and the Congress of South African Trade Unions has been ruling the country with wide parliamentarian majorities. The country remains more consensual and politically inclusive than any of the other African countries in the post-independence era. This article examines three performance’s aspects of the party dominance systems: legitimacy, stability and violence. As we are living in a period in which an unprecedented number of countries have completed democratic transitions, it is politically and conceptually important that we understand the specific tasks of crafting democratic consolidation.

scholarly journals Trapped Between Two Pandemics: Domestic Violence Cases Under COVID-19 Pandemic Lockdown: A Scoping Review

2021 ◽  
pp. 0272684X2110221
Author(s):  
Endurance Uzobo ◽  
Aboluwaji D Ayinmoro
Keyword(s):  
South Africa ◽  
Domestic Violence ◽  
Scoping Review ◽  
Literature Search ◽  
Web Of Science ◽  
Biomed Central ◽  
Inclusion Criteria ◽  
African Countries ◽  
The World ◽  
The Government

Background As it is common with the most devastating events in the world, women always seem to be at the most disadvantage position. This situation manifested during the period of COVID-19 lockdown throughout the world and Africa in particular. The purpose of this study is to explore Domestic Violence (DV) cases in African during the COVID-19 lockdown. Methods Data for this study were gleaned from an electronic literature search using various databases PubMed and BioMed Central, Web of Science, etc. Key search words were gender DV during and after COVID-19. A total of 68 records were identified during the search. However, only 46 of these sources met the inclusion criteria. Results From the review done in selected African countries which include Egypt, South Africa, Kenya, Nigeria, Ghana and Zimbabwe; it was discovered that COVID-19 lockdown across these countries worsens the already existing cases of DV. The study also noted that generally, the response of the government has been very poor in terms of dealing with DV cases in the period of COVID-19 lockdown. Conclusion The study concluded that despite the failures of government in tackling the DV pandemics, NGOs have been very active in championing the cause of those violated while also trying to provide succour to victims. Thus, the study recommended that countries in Africa need to join international initiatives in prioritising DV cases while trying to deal with the virus itself. Thus, one disease should not be traded for another.

scholarly journals SOME COMMENTS ON WATER RIGHTS IN SOUTH AFRICA

2017 ◽  
Vol 8 (1) ◽  
pp. 1
Author(s):  
N Gabru
Keyword(s):  
South Africa ◽  
Human Rights ◽  
South African ◽  
Fresh Water ◽  
Human Life ◽  
Bill Of Rights ◽  
The South ◽  
Economic Rights ◽  
Basic Part ◽  
The Right

Human life, as with all animal and plant life on the planet, is dependant upon fresh water. Water is not only needed to grow food, generate power and run industries, but it is also needed as a basic part of human life. Human dependency upon water is evident through history, which illustrates that human settlements have been closely linked to the availability and supply of fresh water. Access to the limited water resources in South Africa has been historically dominated by those with access to land and economic power, as a result of which the majority of South Africans have struggled to secure the right to water. Apartheid era legislation governing water did not discriminate directly on the grounds of race, but the racial imbalance in ownership of land resulted in the disproportionate denial to black people of the right to water. Beyond racial categorisations, the rural and poor urban populations were traditionally especially vulnerable in terms of the access to the right.  The enactment of the Constitution of the Republic of South Africa 1996, brought the South African legal system into a new era, by including a bill of fundamental human rights (Bill of Rights). The Bill of Rights makes provision for limited socio-economic rights. Besides making provision for these human rights, the Constitution also makes provision for the establishment of state institutions supporting constitutional democracy.  The Constitution has been in operation since May 1996. At this stage, it is important to take stock and measure the success of the implementation of these socio-economic rights. This assessment is important in more ways than one, especially in the light of the fact that many lawyers argued strongly against 1/2the inclusion of the second and third generation of human rights in a Bill of Rights. The argument was that these rights are not enforceable in a court of law and that they would create unnecessary expectations of food, shelter, health, water and the like; and that a clear distinction should be made between first generation and other rights, as well as the relationship of these rights to one another. It should be noted that there are many lawyers and non-lawyers who maintained that in order to confront poverty, brought about by the legacy of apartheid, the socio-economic rights should be included in a Bill of Rights. The inclusion of section 27 of the 1996 Constitution has granted each South African the right to have access to sufficient food and water and has resulted in the rare opportunity for South Africa to reform its water laws completely. It has resulted in the enactment of the Water Services Act 108 of 1997 and the National Water Act 36 of 1998.In this paper the difference between first and second generation rights will be discussed. The justiciability of socio-economic rights also warrants an explanation before the constitutional implications related to water are briefly examined. Then the right to water in international and comparative law will be discussed, followed by a consideration of the South African approach to water and finally, a few concluding remarks will be made.

Companies convicted of economic crimes and their participation in government tender processes in South Africa: A comment on Namasthethu electrical (PTY) LTD v City of Cape Town and another (201/19) [2020] ZASCA 74 (29 JUNE 2020)

2021 ◽  
Vol 8 (1) ◽  
pp. 102-122
Author(s):  
Jamil Ddamulira Mujuzi
Keyword(s):  
South Africa ◽  
South African ◽  
Public Procurement ◽  
Cape Town ◽  
African Countries ◽  
The Public ◽  
South African Police Service ◽  
The Government ◽  
South African Police ◽  
Economic Crimes

In South Africa, persons or companies convicted of fraud or corruption or companies whose directors have been convicted are debarred from participating in bidding for government tenders. Although it is easy to establish whether or not a natural person has been convicted of an offence, because a certificate can be obtained from the South African Police Service to that effect, it is the opposite with juristic persons. This issue came up in the case of Namasthethu Electrical (Pty) Ltd v City of Cape Town and Another in which the appellant company was awarded a government tender although the company and its former director had been convicted of fraud and corruption. The purpose of this article is to analyse this judgment and show the challenges that the government is faced with when dealing with companies that have been convicted of offences that bid for government tenders. Because South Africa is in the process of enacting public procurement legislation, the Public Procurement Bill was published for comment in early 2020. One of the issues addressed in the Bill relates to debarring bidders who have been convicted of some offences from bidding for government tenders. Based on the facts of this case and legislation from other African countries, the author suggests ways in which the provisions of the Bill could be strengthened to address this issue.

South African Foreign Policy

2021 ◽  
Author(s):  
Fritz Nganje ◽  
Odilile Ayodele
Keyword(s):  
South Africa ◽  
Foreign Policy ◽  
South African ◽  
Foreign Relations ◽  
Lessons Learned ◽  
African National Congress ◽  
Liberal Democratic ◽  
The World ◽  
Role Conception ◽  
The Government

In its foreign policy posture and ambitions, post-apartheid South Africa is like no other country on the continent, having earned the reputation of punching above its weight. Upon rejoining the international community in the mid-1990s based on a new democratic and African identity, it laid out and invested considerable material and intellectual resources in pursuing a vision of the world that was consistent with the ideals and aspirations of the indigenous anti-apartheid movement. This translated into a commitment to foreground the ideals of human rights, democratic governance, and socioeconomic justice in its foreign relations, which had been reoriented away from their Western focus during the apartheid period, to give expression to post-apartheid South Africa’s new role conception as a champion of the marginalized interests for Africa and rest of the Global South. Since the start of the 21st century, this new foreign policy orientation and its underlying principles have passed through various gradations, reflecting not only the personal idiosyncrasies of successive presidents but also changes in the domestic environment as well as lessons learned by the new crop of leaders in Pretoria, as they sought to navigate a complex and fluid continental and global environment. From a rather naive attempt to domesticate international politics by projecting its constitutional values onto the world stage during the presidency of Nelson Mandela, South Africa would be socialized into, and embrace gradually, the logic of realpolitik, even as it continued to espouse an ethical foreign policy, much to the chagrin of the detractors of the government of the African National Congress within and outside the country. With the fading away of the global liberal democratic consensus into which post-apartheid South Africa was born, coupled with a crumbling of the material and moral base that had at some point inspired a sense of South African exceptionalism, Pretoria’s irreversible march into an unashamedly pragmatic and interest-driven foreign policy posture is near complete.

Strategic Litigation in South Africa and Uganda: Shared Perspectives and Comparative Lessons

2020 ◽  
pp. 1-21
Author(s):  
John C Mubangizi
Keyword(s):  
South Africa ◽  
South African ◽  
Health Care Services ◽  
Bill Of Rights ◽  
Advocacy Groups ◽  
Care Services ◽  
The World ◽  
The Government ◽  
South African Constitution ◽  
Strategic Litigation

Abstract The South African Constitution, particularly its Bill of Rights, is regarded as one of the most progressive in the world. The Ugandan Constitution, adopted around the same time as its South African counterpart, also has a Bill of Rights. Lawyers and advocacy groups in both countries have taken advantage of their constitutions to challenge the government to enforce several rights ranging from health care services, education, water and sanitation, to housing and social security, albeit at a lower scale and with less impact and significance in Uganda than South Africa. The purpose of this paper is to discuss and determine the constitutional impact of strategic litigation in South Africa and Uganda. The paper begins with a conceptual context of strategic litigation. The specific reasons for the choice of the two countries are highlighted before focusing, in a comparative way, on some relevant organizations and the various court decisions that have emanated from strategic litigation in both countries. The paper identifies similarities and differences between Ugandan and South African approaches to strategic litigation. Conclusions are then made after highlighting the comparative lessons that both countries can learn from each other, but also what other African states can learn from these two countries’ experiences.

Adoption of E-Government in Africa

2014 ◽  
pp. 101-124 ◽  
Author(s):  
Priti Jain ◽  
Akakandelwa Akakandelwa
Keyword(s):  
South Africa ◽  
Developing Countries ◽  
Present State ◽  
Public Libraries ◽  
African Countries ◽  
Theoretical Underpinning ◽  
Government Services ◽  
The World ◽  
Citizen Empowerment

Increasingly, the importance of e-government is growing owing to higher quality delivery of government services, improved citizen empowerment through access to e-information, and better interactions between governments and their stakeholders. Despite all this recognition and appreciation of e-government, there is slow uptake and high failure of e-government in developing countries. A huge imbalance still remains between developed and developing countries, specifically in Africa because of numerous impediments. Africa lags far behind all other regions in the world. Some African countries have initiated e-government, such as Ghana, Nigeria, and South Africa, yet others have not taken any initiative or are very slow in realizing its full take off, for instance, Tanzania, Botswana, and Zambia. In light of the above background, the main purpose of this chapter is to determine the challenges and based on the findings make recommendations for adoption of E-Government in Arica. The chapter reviews the theoretical underpinning of E-Government as a tool for modernizing public administration; examines the present state of e-government in Africa; highlights the challenges and barriers African countries encounter in their quest to develop E-Government; reviews the role of public libraries in E-Government, and finally, makes recommendations for E-Government adoption in Africa and other developing countries.

scholarly journals ‘The world is full of magic things, patiently waiting for our senses to grow sharper’ (WB Yeats): enhancing resilience among deaf young people in South Africa through photography and filmmaking

2019 ◽  
Vol 45 (4) ◽  
pp. 416-427 ◽  
Author(s):  
Alys Young ◽  
Lorenzo Ferrarini ◽  
Andrew Irving ◽  
Claudine Storbeck ◽  
Robyn Swannack ◽  
...  
Keyword(s):  
South Africa ◽  
Young People ◽  
Sign Language ◽  
South African ◽  
Interdisciplinary Research ◽  
Deaf Children ◽  
Theoretical Discussion ◽  
Children And Young People ◽  
The World ◽  
Interdisciplinary Research Project

This article concerns deaf children and young people living in South Africa who are South African Sign Language users and who participated in an interdisciplinary research project using the medium of teaching film and photography with the goal of enhancing resilience. Specifically, this paper explores three questions that emerged from the deaf young people’s experience and involvement with the project: (i) What is disclosed about deaf young people’s worldmaking through the filmic and photographic modality? (ii) What specific impacts do deaf young people’s ontologically visual habitations of the world have on the production of their film/photographic works? (iii) How does deaf young people’s visual, embodied praxis through film and photography enable resilience? The presentation of findings and related theoretical discussion is organised around three key themes: (i) ‘writing’ into reality through photographic practice, (ii) filmmaking as embodied emotional praxis and (iii) enhancing resilience through visual methodologies. The discussion is interspersed with examples of the young people’s own work.

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