scholarly journals Die invloed van taalhoudings op onderrigmediumkeuse in Suid-Afrika

Literator ◽  
2000 ◽  
Vol 21 (3) ◽  
pp. 37-58 ◽  
Author(s):  
C. De Wet
Keyword(s):  
South Africa ◽  
South African ◽  
Language Attitudes ◽  
Mother Tongue ◽  
Human Right ◽  
Political Empowerment ◽  
African Languages ◽  
Learning And Teaching ◽  
The Right ◽  
The Masses

The influence of language attitudes on the choice of the medium of instruction in South Africa The South African Constitution (Act 108 of 1996) recognises language as a basic human right and emphasises the right of choice of every individual with regard to the language of learning and teaching (LOLT). In exercising their democratic language choice, the majority of South African learners and their parents reject their right to mother-tongue education and disregard research findings that emphasise the benefits of mother-tongue instruction. From a study of subject-related literature it has become clear that the masses in South Africa believe that a knowledge of English is the key to economic and political empowerment. Against the background of these findings, the article reports on an empirical study on the language attitudes of undergraduate Education and B.Ed. students at the Bloemfontein and Queenstown campuses of the University of the Free State. The study confirms the findings of the subject-related study to a large extent, namely that English is seen as the key to economic and political empowerment. The opposite is, however, proven by literacy and poverty figures, as well as by studies on blacks’ proficiency in English. Proceeding from the economic, political and educational realities, the article offers a few suggestions for the development of African languages as LOLT.

scholarly journals Funksionele meertaligheid in Suid-Afrika: 'n onbereikbare ideaal?

Literator ◽  
1998 ◽  
Vol 19 (1) ◽  
pp. 35-50 ◽  
Author(s):  
M. Verhoef
Keyword(s):  
South Africa ◽  
South African ◽  
Mother Tongue ◽  
Final Report ◽  
North West ◽  
African Languages ◽  
The North ◽  
Mother Tongue Instruction ◽  
Education Act ◽  
Regional Languages

Functional multilingualism in South Africa: an unattainable ideal? Although much has been done on an official level to establish true multilingualism in South Africa, a tendency towards English monolingualism seems to exist in the country. The aim of this article is to describe the official stipulations in pursuit of multilingualism, as they appear in the Constitution (Act 108 of 1996), the School Act (Act 84 of 1996) and the final report of Langtag. In addition to the present demands, the article also responds to previous demands for multilingualism in the South African context, particularly as stated in the Bantu Education Act of 1953. It is argued that, because of the negative connotations associated with mother-tongue instruction in the past, contemporary mother-tongue instruction will also be contaminated. Apart from the theoretical investigation into multilingualism, the article reports on empirical research that has been done in this regard in the North West Province where the attitudes and perceptions of the school population towards the regional languages were measured. Although the subjects reacted positively to the official status granted to several South African languages, they expressed a preference for English as working language because of the access it gives to personal, economic and social development and empowerment. The article concludes with brief recommendations regarding language planning opportunities that derive from this situation.

The Human Right to Water in South Africa and the Mazibuko Decisions

2011 ◽  
Vol 51 (3-4) ◽  
pp. 521-540 ◽  
Author(s):  
Tracy Humby ◽  
Maryse Grandbois
Keyword(s):  
South Africa ◽  
South African ◽  
Constitutional Court ◽  
The South ◽  
Human Right ◽  
Lower Courts ◽  
Access To Water ◽  
South African Constitution ◽  
The Right ◽  
Right Of Access

The right of access to sufficient water in the South African Constitution has for long been regarded as progressive in a global context where the human right to water is still a subject of contention. In its recent decision handed down in the Mazibuko matter, the South African Constitutional Court interpreted the right of access to sufficient water for the first time and clarified the nature of the State’s obligations which flow from this right. It also commented upon the role of the courts in adjudicating the human right to water. This article describes the passage of the Mazibuko matter and the manner in which the lower courts interpreted the right of access to “sufficient water” as well as outlining the Constitutional Court’s decision in the context of access to water services provision in South Africa.

THE RIGHT TO REMAIN SILENT: A ONE­ EYED APPROACH TO TRUTH-SEEKING?

2015 ◽  
Vol 2 (1) ◽  
Author(s):  
Mabona Thomas Mokoena
Keyword(s):  
South Africa ◽  
South African ◽  
Crime Control ◽  
The United States ◽  
Constitutional Court ◽  
Human Right ◽  
Criminal Process ◽  
The Right ◽  
Source Of Information ◽  
Constitutional Analysis

The right to remain silent is one of the most important symbols of a fair trial in the accusatorial legal systems, to which South Africa also belongs. In certain countries, such as the United States and South Africa, this right is constitutionally entrenched as a fundamental human right, which virtually guarantees that adverse inferences cannot be drawn against an accused who fails to disclose pre-trial information. The accused is thereby excluded as a critical source of information during this stage of the proceedings. In essence, this means that the criminal process is compelled to close one eye to a valuable and crucial source of information. other jurisdictions within the accusatorial family, notably England and  Scotland,  have  introduced legislation aimed  at crime  control which essentially compels the accused to break his or her silence during the pre-trial stage of the criminal process. The very essence of the right to remain silent as a fundamental human right is proving problematic to the South African Constitutional Court when considering it within the context of the  limitation clause. It is argued, in this article, that the solution lies, first, in a substantive constitutional analysis of rights and,  secondly, in interpreting the right as a functional evidentiary principle with the aim of securing procedural fairness.

Power to the People? Right of Access to Electricity in South Africa

Politeia ◽  
2019 ◽  
Vol 38 (2) ◽  
Author(s):  
Khaled Qasaymeh ◽  
Jo-Ansie Karina Van Wyk
Keyword(s):  
South Africa ◽  
Public Policy ◽  
Economic Development ◽  
South African ◽  
Special Focus ◽  
The South ◽  
Human Right ◽  
Socio Economic Development ◽  
The Right ◽  
Right Of Access

The provision and distribution of and access to electricity are not only technical and economic matters. Access to electricity is a highly political and ideological issue and has consequences for public policy and human development. Since 2000, South Africa has experienced power outages (euphemistically called load-shedding) and the country has not kept up with increased electricity and socio-economic demands. Globally, access to electricity is increasingly regarded as a basic human right and an important contributor to socio-economic development. However, the position towards and the practice regarding access to electricity by the post-apartheid South African government are contradictory. Although both the South African Bill of Rights and the Constitution of the Republic of South Africa of 1996 refer to fundamental human rights, the matter of access to electricity as a human right is not clearly spelled out in these documents. This article outlines international and African norms in respect of the right of access to electricity in the context of the international socio-economic development debate. It proceeds to examine the South African context, policies, legislation and constitutional court judgments in respect of socio-economic development with a special focus on access to electricity—a matter which is closely linked to political, public policy and development issues such as housing and the environment in South Africa. The article calls for the right of access to electricity to be declared a basic human right and to be legislated as such in the South African legal regime.

scholarly journals The African languages in South African education 2009–2011

2012 ◽  
Vol 46 (1) ◽  
pp. 120-124
Author(s):  
Rosemary Wildsmith
Keyword(s):  
Higher Education ◽  
South Africa ◽  
South African ◽  
Language Education ◽  
National Language ◽  
African Education ◽  
African Languages ◽  
Learning And Teaching ◽  
Educational Domain ◽  
South African Education

South African National Language Education policy (South Africa, DoE 2002) enshrines multilingualism (ML) as one of its major goals. The implementation of such a policy is a slow process, however, particularly in the educational domain, where parents, teachers and students favour the dominant, ex-colonial language (English) for both historic and instrumental reasons (Dalvit & de Klerk 2005). However, results of the National Benchmarking Test (NBMT Report 2009) conducted at selected South African universities show that most non-English speaking students in higher education have underdeveloped language and numeracy skills for study at this level, one of the main barriers to access being that of language (Council on Higher Education 2007: 2). Efforts have thus intensified in South African institutions to introduce the home languages of learners into the educational domain, either as learning support alongside the main medium of instruction or as alternative languages of instruction, working towards the development of a bilingual education model. This report documents developments in research in the promotion and use of the African languages in education in South Africa in recent years, particularly since the publication of the previous report (Wildsmith-Cromarty 2009), which discussed various initiatives in the teaching, development and use of the African languages in South African education during the period 2005–2008. This report considers further developments in the use of the African languages for academic purposes in the following areas: the learning and teaching of these languages as additional languages and for professional purposes in selected disciplines for specialist programmes, and their intellectualization, which includes their use as languages of instruction, in the translation of materials and other learning resources, and development of terminology.

scholarly journals DEFINING THE RIGHT TO STRIKE: A COMPARATIVE ANALYSIS OF INTERNATIONAL LABOUR ORGANIZATION STANDARDS AND SOUTH AFRICAN LAW

Obiter ◽  
2021 ◽  
Vol 33 (2) ◽  
Author(s):  
Mohamed Alli Chicktay
Keyword(s):  
South Africa ◽  
International Law ◽  
South African ◽  
The Other ◽  
International Labour Organization ◽  
International Labour Organisation ◽  
Human Right ◽  
South African Constitution ◽  
The Right ◽  
Do So

The right to strike is a fundamental human right recognized in international law and the South African Constitution. If “strike” is defined too narrowly it would deny protection that would normally be given to employees who would otherwise be participating in a strike. On the other hand if “strike” were defined too broadly it would categorize as strike action that would not normally be regarded as a strike: thus subjecting these employees to serious consequences that result from participating in an unprotected strike. These may include dismissals, interdicts and claims for compensation. South Africa has a constitutional obligation to comply with international law when interpreting human rights. The purpose of this article is to determine whether South African law defines “strike” in compliance with International Labour Organisation standards and to make suggestions for amendments to the lawwhere it fails to do so.

Victim Participation in Parole Proceedings in South Africa

2019 ◽  
Vol 34 (1) ◽  
Author(s):  
Jamil Mujuzi
Keyword(s):  
South Africa ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
South African ◽  
Justice System ◽  
Criminal Procedure ◽  
Prison Inmate ◽  
Parole Board ◽  
Victims Of Crime ◽  
The Right

South African law provides for circumstances in which victims of crime may participate in the criminal justice system at the investigation, prosecution (trial), sentencing and parole stages. In South Africa, a prison inmate has no right to parole although the courts have held that they have a right to be considered for parole. In some cases, the victims of crime have a right to make submissions to the Parole Board about whether the offender should be released on parole. Section 299A of the Criminal Procedure Act 51 of 1977 provides for the right of victims of crime to participate in parole proceedings. The purpose of this article is to discuss section 299A and illustrate ways in which victims of crime participate in the parole process. The author also recommends ways in which victims’ rights in section 299A of the Criminal Procedure Act could be strengthened.

scholarly journals The transition to general management in South Africa

2017 ◽  
Vol 15 (0) ◽  
Author(s):  
Stephen J. Mallaby ◽  
Gavin Price ◽  
Karl Hofmeyr
Keyword(s):  
South Africa ◽  
South African ◽  
Personal Characteristics ◽  
Structured Interviews ◽  
General Manager ◽  
General Management ◽  
General Managers ◽  
Managerial Implications ◽  
Effective Development ◽  
The Right

Orientation: Understanding the nature and challenges of making the transition from a functional role to a general management role in South African organisations.Research purpose: The objective of this study was to gain insight into the obstacles that affect the transition from functional to general management and identify steps that may be taken to overcome these challenges.Motivation for the study: One of the most difficult crossroads for a manager is making the shift from being a functional specialist to becoming a general manager. New competencies and behaviours are required, as well as a more strategic mind set. If the transition is not made successfully, the manager and the organisation suffer.Research design, approach and method: A qualitative design was used consisting of in-depth, semi-structured interviews, with 19 senior business leaders who had successfully made the transition. The interviews were used to gather insights into the challenges they faced during their transitions, and how these were overcome.Main findings: To make the transition successfully, functional managers need to gain relevant experience to prepare them for the broader scope of a general management role. They need to develop appropriate skills, attitudes and personal characteristics. Mentoring is an effective development process. Newly appointed general managers need to learn to let go of control while maintaining ownership, build relationships and strike the right balance between strategic thinking and execution. There are unique aspects of being a general manager in South Africa, such as dealing with Black Economic Empowerment and challenges of race and identity, given the country’s history.Practical and managerial implications: Specific interventions are suggested which are directed at both aspiring general managers and organisations seeking to assist middle managers to make the transition to general managers.Contribution: This study contributes to knowledge concerning the skills and attributes required by potential general managers, and the practical steps to be taken by South African organisations to facilitate the development of general managers. 

COUNTRY DIFFERENCES IN HOUSING RIGHTS: A COMPARATIVE ANALYSIS

2021 ◽  
Author(s):  
Тамерлан Шайх-Магомедович Едреев
Keyword(s):  
South Africa ◽  
Comparative Analysis ◽  
The Netherlands ◽  
Human Right ◽  
Housing Rights ◽  
Country Differences ◽  
The Right

Каждый имеет право на жилище. Никто не может быть произвольно лишен жилища. В статье проанализированы особенности реализации универсального права человека на жилище в отдельных странах (на примере Нидерландов и ЮАР), принадлежащих к разным правовым семьям. Everyone has the right to housing. No one can be arbitrarily deprived of their home. The article analyzes the features of the implementation of the universal human right to housing in individual countries (on the example of the Netherlands and South Africa) belonging to different legal families.

scholarly journals THE RIGHT TO MOTHER-TONGUE EDUCATION: PRACTICABLE OR NOT?

Obiter ◽  
2021 ◽  
Vol 34 (2) ◽  
Author(s):  
Chrizell Chürr
Keyword(s):  
South African ◽  
Basic Education ◽  
Mother Tongue ◽  
Cumulative Effect ◽  
The South ◽  
National Education ◽  
Mother Tongue Education ◽  
South African Constitution ◽  
The Right ◽  
South African Schools Act

Mother-tongue and mother-tongue education are recognized worldwide as one of the most efficient ways to function cognitively and socially. This article addresses the role of proper mother-tongue education with an emphasis on the importance of “language” since language is vital to a child’s right to a basic education in all its dimensions. Without mother-tongue education, every child’s right to learn and to become a skilful adult, able to participate independently in society, is at risk. The cumulative effect of the South African Constitution, the National Education Policy Act, the South African Schools Act, several international instruments and a number of ground-breaking cases, as well as the interaction between them on mother-tongue education will be examined. The implementation of certain education models will also be proposed.

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