scholarly journals "Matekoane ke bophelo" Cannibis is Life: Marginality and survival, a historical analysis of illicit cannabis production by the communities of Mokhtlong District of Lesotho

2021 ◽  
Author(s):  
Kudakwashe Chitofiri
Keyword(s):  
South Africa ◽  
Metropolitan Area ◽  
Legal Status ◽  
Historical Analysis ◽  
Mountain Areas ◽  
Irregular Migrants ◽  
Economic Context ◽  
Cheap Labour ◽  
Borderland Communities ◽  
Bold Claim

<p> </p><p> This study examines the evolving historical, geopolitical and economic context of illicit cannabis cultivation by the marginalised highlands communities of Mokhotlong district of Lesotho. Mokhtlong is one of the most impoverished districts of Lesotho with a population that has historically operated on the margins of the state and SouthAfrica as either providers of cheap sheep products to the rest of Lesotho or as suppliers of cheap labour to the mines in SouthAfrica. It considers the implications of the supply of cannabis to mainly the Gauteng metropolitan area in South Africa to the Mokhotlong district’s inhabitants’ state of marginalisation. Historically, cannabis production in the highlands resulted in a reproduction of the asymmetrical relations between and inside the metropolitan and mountain areas of both countries. Coalitions of actors merged from these new relations that the cultivation produced, and as such, this article should be analysed as an assemblage in which three distinct scales of territorialities were clashing or cooperating with each other. The article argues that the irregular migrants from Lesotho to South Africa took advantage of the fluctuations of their legal status as they moved between South Africa and Lesotho and the fluidity of the movement across the mountainous border to the migrants and smugglers to traffic cannabis across Lesotho into South Africa. In essence, the article makes the bold claim that cannabis production was one of the key ways in which the borderland communities of Mokhtlong dealt with their economic and social marginalisation.</p>

"Matekoane ke bophelo" Cannibis is Life: Marginality and survival, a historical analysis of illicit cannabis production by the communities of Mokhtlong District of Lesotho

2021 ◽  
Author(s):  
Kudakwashe Chitofiri
Keyword(s):  
South Africa ◽  
Metropolitan Area ◽  
Legal Status ◽  
Historical Analysis ◽  
Mountain Areas ◽  
Irregular Migrants ◽  
Economic Context ◽  
Cheap Labour ◽  
Borderland Communities ◽  
Bold Claim

<p> </p><p> This study examines the evolving historical, geopolitical and economic context of illicit cannabis cultivation by the marginalised highlands communities of Mokhotlong district of Lesotho. Mokhtlong is one of the most impoverished districts of Lesotho with a population that has historically operated on the margins of the state and SouthAfrica as either providers of cheap sheep products to the rest of Lesotho or as suppliers of cheap labour to the mines in SouthAfrica. It considers the implications of the supply of cannabis to mainly the Gauteng metropolitan area in South Africa to the Mokhotlong district’s inhabitants’ state of marginalisation. Historically, cannabis production in the highlands resulted in a reproduction of the asymmetrical relations between and inside the metropolitan and mountain areas of both countries. Coalitions of actors merged from these new relations that the cultivation produced, and as such, this article should be analysed as an assemblage in which three distinct scales of territorialities were clashing or cooperating with each other. The article argues that the irregular migrants from Lesotho to South Africa took advantage of the fluctuations of their legal status as they moved between South Africa and Lesotho and the fluidity of the movement across the mountainous border to the migrants and smugglers to traffic cannabis across Lesotho into South Africa. In essence, the article makes the bold claim that cannabis production was one of the key ways in which the borderland communities of Mokhtlong dealt with their economic and social marginalisation.</p>

The Legal Status of Local Government in South Africa under the New Constitutional Dispensation

2018 ◽  
Vol 33 (2) ◽  
Author(s):  
Mbuzeni Mathenjwa
Keyword(s):  
South Africa ◽  
Local Government ◽  
Legal Status ◽  
Case Law ◽  
The Status ◽  
History Of ◽  
The Republic ◽  
First Time

The history of local government in South Africa dates back to a time during the formation of the Union of South Africa in 1910. With regard to the status of local government, the Union of South Africa Act placed local government under the jurisdiction of the provinces. The status of local government was not changed by the formation of the Republic of South Africa in 1961 because local government was placed under the further jurisdiction of the provinces. Local government was enshrined in the Constitution of the Republic of South Africa arguably for the first time in 1993. Under the interim Constitution local government was rendered autonomous and empowered to regulate its affairs. Local government was further enshrined in the final Constitution of 1996, which commenced on 4 February 1997. The Constitution refers to local government together with the national and provincial governments as spheres of government which are distinctive, interdependent and interrelated. This article discusses the autonomy of local government under the 1996 Constitution. This it does by analysing case law on the evolution of the status of local government. The discussion on the powers and functions of local government explains the scheme by which government powers are allocated, where the 1996 Constitution distributes powers to the different spheres of government. Finally, a conclusion is drawn on the legal status of local government within the new constitutional dispensation.

Fixing, Adjusting, Regulating, Protecting Human Rights - The Shifting Uses of Regularisations in the European Union

2011 ◽  
Vol 13 (3) ◽  
pp. 297-316 ◽  
Author(s):  
Albert Kraler
Keyword(s):  
European Union ◽  
Human Rights ◽  
Legal Status ◽  
The European Union ◽  
Human Rights Law ◽  
Irregular Migrants ◽  
National Human ◽  
Almost All ◽  
Human Rights Based Approach ◽  
The Eu

AbstractAlmost all Member States in the European Union currently make use, or in the past have made use of some form of regularisation of irregular immigrants, although to greatly varying degrees, in different ways and as a rule only reluctantly. A distinct feature of recent regularisations has been the shift towards a humanitarian justification of regularisation measures. In this context, regularisation has become reframed as an issue of the protection of irregular migrants’ human rights. As a result, regularisation has to some extent also been turned from a political tool in managing migration into an issue of international, European and national human rights law. While a human rights framework indeed offers a powerful rationale and at times compelling reasons why states ought to afford a legal status to irregular migrants, I argue that a human rights based approach must always be complemented by pragmatic considerations, as a human rights based justification of regularisation alone will be insufficient to find adequate responses to the changing presence of irregular migrants in the EU, not all of which can invoke human rights based claims to residence.

Features of the legal status of subjects of Civil Law

2021 ◽  
Vol 28 (2) ◽  
pp. 181-188
Author(s):  
Iryna I. Banasevych ◽  
Ruslana M. Heints ◽  
Mariia V. Lohvinova ◽  
Oksana S. Oliinyk
Keyword(s):  
Legal Status ◽  
Civil Law ◽  
Historical Analysis ◽  
Legal Regulation ◽  
The State ◽  
Roman Law ◽  
Historical Method ◽  
Legal Method ◽  
Definition Of ◽  
Legal Entities

Theoretical and applied research of the features of the legal status of the subjects of civil law remains debatable today. Doctrinal and legislative analysis of this subject points to unresolved issues in this area. In particular, the provision on defining the state as a party to civil law remains controversial. There is no consensus on the definition of individuals and legal entities as subjects of civil law among scholars. Furthermore, the legal regulation of certain types of entities is somewhat unsystematic and chaotic. This is largely due to the insufficient development of theoretical issues related to the subjects of civil law. The above issues determine the relevance of the study of the features of the legal status of subjects of civil law. The purpose of the study is to investigate the features of the legal status of subjects of civil law based on doctrinal and legislative analysis. The study is based on a systematic approach, which lies in studying a complex system of relationships between subjects of civil law. Furthermore, the study is based on the laws and principles of dialectics, which contribute to the study of the legal status of the subjects of civil law. Systemic and structural-functional analysis was used to comprehensively describe the legal status of subjects of civil law. The historical method contributed to the study of the evolution of research on the subjects of civil law. The formal legal method helped identify the special features of the provisions of regulations concerning the subjects of civil law. With the help of the comparative legal method, the study analysed the provisions of the Civil Code of Ukraine in terms of regulation of subjects of civil law and such regulation was compared with other countries. The study defined the concepts and types of subjects of civil law and considered the features of the legal status of individuals, legal entities, as well as the state as a special participant of civil law. Special attention was paid to the historical analysis of the development of approaches to the definition of subjects of law, starting with Roman law

scholarly journals Where have all the susceptible gonococci gone? A historical review of changes in MIC distribution over the past 75 years

2019 ◽  
Author(s):  
Chris Kenyon ◽  
Jolein Laumen ◽  
Dorien Van Den Bossche ◽  
Christophe Van Dijck
Keyword(s):  
United States ◽  
South Africa ◽  
Antimicrobial Resistance ◽  
Historical Analysis ◽  
Historical Review ◽  
The United States ◽  
Antimicrobial Consumption ◽  
The Past ◽  
The United Kingdom ◽  
Loss Of Susceptibility

Abstract Background Does the emergence of antimicrobial resistance in Neisseria gonorrhoeae include the erasure of highly susceptible strains or does it merely involve a stretching of the MIC distribution? If it was the former this would be important to know as it would increase the probability that the loss of susceptibility is irreversible.Methods We conducted a historical analysis based on a literature review of changes of N. gonorrhoeae MIC distribution over the past 75 years for 3 antimicrobials (benzylpenicillin, ceftriaxone and azithromycin) in five countries (Denmark, Japan, South Africa, the United Kingdom and the United States).Results Changes in MIC distribution were most marked for benzylpenicillin and showed evidence of a right shifting of MIC distribution that was associated with a reduction/elimination of susceptible strains in all countries. In the case of ceftriaxone and azithromycin, where only more recent data was available, right shifting was also found in all countries but the extent of right shifting varied and the evidence for the elimination of susceptible strains was more mixed.Conclusions The finding of right shifting of MIC distribution combined with reduction/elimination of susceptible strains is concerning since it suggests that this shifting may not be reversible. Since excess antimicrobial consumption is likely to be responsible for this right shifting, this insight provides additional impetus to promote antimicrobial stewardship.

Stigma and HIV disclosure in the Cape Metropolitan area, South Africa

2014 ◽  
Vol 13 (1) ◽  
pp. 37-43 ◽  
Author(s):  
Ceridwyn Klopper ◽  
Ethelwynn Stellenberg ◽  
Anita van der Merwe
Keyword(s):  
South Africa ◽  
Metropolitan Area ◽  
Hiv Disclosure

Caesaropapism and Secularism in the Byzantine and Russian Tradition

2021 ◽  
Vol 21 (1) ◽  
pp. 19-30
Author(s):  
Michael A. Eldin ◽  
Sergey I. Malozemov
Keyword(s):  
Legal Status ◽  
Historical Analysis ◽  
Research Strategy ◽  
Integrative Approach ◽  
Russian Orthodox ◽  
Russian Society ◽  
Orthodox Church ◽  
Russian Orthodox Church ◽  
Local Council ◽  
Research Problems

Introduction. The role of Orthodox confessional heritage and the analysis of social traditions of the Balkan and Russian peoples are considered in the generalizing characteristic of the spiritual creations of the thinkers of Rus and Russia. The multidirectional tendencies of anti-clerical forces on the one hand, and of the Church community on the other, indicate that the topic of secularization of Russian society has not received an actual resolution. The purpose of the article is to examine the understanding of the processes of caesaropapism and secularism in Russian society, as well as the historiosophical and methodological consequences of this understanding. Materials and Methods. An integrative approach combined with historical-methodological and philosophical-historical analysis is considered as a theoretical and methodological research strategy. The solution of research problems was provided by a complex of complementary theoretical (analysis of scientific, historical literature, journalistic research on the problem under study, comparative analysis of texts, comparison, generalization) and empirical (study and generalization of normative and legal documents of the concepts of caesaropapism and secularism) methods. Results. The considered model of understanding secularization and secularism in the realities of Russian history indicates the secondary, borrowed nature of these concepts. According to the authors, the Decrees of the Byzantine emperors, acts of the Council of people’s Commissars “On the separation of Church from state and Church from school” did not meet the expectations of the participants of the local Council of the Russian Orthodox Church, who expressed their aspirations in the document “on the legal status of the Russian Orthodox Church”. Discussion and Conclusion. The expected effect of the actual understanding of the processes can be a well-built model of state-Church relations, which can only appear if the diverse interests of the actors of modern state-religious policy in Russia are balanced. The proposed provisions and conclusions create prerequisites for further study of the phenomena of secularism and secularization in the design of the state-religious landscape of the near future.

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