scholarly journals The protection of fundamental rights in the Netherlands and South Africa compared: can the many differences be justified?

2008 ◽  
Vol 11 (2) ◽  
Author(s):  
G Van der Schyff
Keyword(s):  
South Africa ◽  
The Netherlands ◽  
Fundamental Rights ◽  
The Many

scholarly journals The protection of fundamental rights in the Netherlands and South Africa compared: can the many differences be justified?

2017 ◽  
Vol 11 (2) ◽  
pp. 16
Author(s):  
Gerhard Van der Schyff
Keyword(s):  
South Africa ◽  
The Netherlands ◽  
South African ◽  
The State ◽  
Fundamental Rights ◽  
Individual Freedom ◽  
Basic Rights ◽  
Political Choices ◽  
The Many ◽  
The Right

This contribution considers the protection of fundamental rights in the Netherlands and South Africa. Both countries strive to be constitutional democracies that respect basic rights. But both countries go about this aim in very different ways. These different paths to constitutionalism are compared, as well as the reasons for these differences and whether it can be said that these differences are justifiable. This is done by comparing the character of the rights guaranteed in the Dutch and South African legal orders, the sources of these rights and the locus or centre of protection in both systems. The conclusion is reached that no single or perfect route to attaining the desired protection of fundamental rights exists, but that one should always enquire as to the state of individual freedom and the right to make free political choices in measuring the worth of a system's protection of rights.

Fundamental rights in the rainbow nation: Intergroup contact, threat, and support for newcomers’ rights in post-apartheid South Africa.

2016 ◽  
Vol 22 (4) ◽  
pp. 367-379 ◽  
Author(s):  
Régine Debrosse ◽  
Megan E. Cooper ◽  
Donald M. Taylor ◽  
Roxane de la Sablonnière ◽  
Jonathan Crush
Keyword(s):  
South Africa ◽  
Intergroup Contact ◽  
Fundamental Rights

Drawing the Line between Dismissal for Alcoholism (Incapacity) and Dismissal for Drunkenness (Misconduct). Are the Boni Mores Compromised?

2018 ◽  
Vol 41 ◽  
pp. 57-63
Author(s):  
Thandekile Phulu
Keyword(s):  
South Africa ◽  
Economic Development ◽  
Social Justice ◽  
Occupational Health ◽  
Health And Safety ◽  
Occupational Health And Safety ◽  
Fundamental Rights ◽  
Labour Relations ◽  
Labour Practice ◽  
The Republic

In South Africa employees are protected by various pieces of legislation. Section 23 of the Constitution of the Republic of South Africa 1996 provides for a right to fair labour practice. In its preamble the Labour Relations Act 66 of 1995 (hereafter referred to as the LRA) states that the purpose of the Act is to advance economic development, social justice, labour peace and democratisation of the workplace. The LRA also states that one of its objectives is to give effect to and regulate the fundamental rights conferred by section 27 of the Constitution. The Occupational Health and Safety Act as amended by the Occupational Health and Safety Amendment Act 181 of 1993 provides for the health and safety of persons at work and for the health and safety of persons in connection with the use of plant and machinery. The LRA provides for dismissal for incapacity and dismissals for misconduct. It also differentiates between the two. The LRA provides for both substantive and procedural fairness when dismissing an employee for incapacity and misconduct. This paper will examine the rationale behind differentiating between dismissal for drunkenness and dismissal for alcoholism.

Epistemic Ruptures in South African Standpoint Knowledge-Making: Academic Feminism and the #FeesMustFall Movement

2017 ◽  
Vol 4 (1) ◽  
Author(s):  
Desiree Lewis ◽  
Cheryl Margaret Hendricks
Keyword(s):  
South Africa ◽  
South African ◽  
Political Thought ◽  
Economic Restructuring ◽  
Student Protests ◽  
Political Processes ◽  
Academic Feminism ◽  
The Many ◽  
Radical Knowledge ◽  
Intellectual Activism

Alongside the many structural and political processes generated by the #FeesMustFall student protests between 2015 and 2016 were narratives and discourses about revitalising the transformation of universities throughout South Africa. It was the very notion of “transformation,” diluted by neo-liberal macro-economic restructuring from the late 1990s, that students jettisoned as they increasingly embraced the importance of “decolonisation.” By exploring some of the key debates and interventions driven by the #FeesMustFall movement, we consider how earlier trajectories of feminist knowledge-making resonate with these. The article also reflects on how aspects of intellectual activism within the student protests can deepen and push back the frontiers of contemporary South African academic feminism. In so doing, it explores how radical knowledge-making at, and about, universities, has contributed to radical political thought in South Africa.

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.

Chaetomium strumarium. [Descriptions of Fungi and Bacteria].

2006 ◽  
Author(s):  
D. W. Minter
Keyword(s):  
South Africa ◽  
Saudi Arabia ◽  
Great Britain ◽  
The Netherlands ◽  
Host Range ◽  
Geographical Distribution ◽  
Canary Islands ◽  
Democratic Republic ◽  
Democratic Republic Of Congo ◽  
Horticultural Crops

Abstract C. strumarium is described and illustrated. Information on diseases caused by C. strumarium, host range (field and horticultural crops, trees, dung, man and artefacts), geographical distribution (Algeria, Canary Islands, Democratic Republic of Congo, Egypt, Gambia, Kenya, Namibia, Nigeria, South Africa, Tanzania, USA, India, Nepal, Pakistan, Thailand, Western Australia, Germany, Great Britain, the Netherlands, Cyprus, Israel, Kuwait and Saudi Arabia), and transmission is provided.

scholarly journals Translating disaster resilience into spatial planning practice in South Africa: Challenges and champions

2013 ◽  
Vol 5 (1) ◽  
Author(s):  
Willemien Van Niekerk
Keyword(s):  
South Africa ◽  
Spatial Planning ◽  
Disaster Resilience ◽  
External Shocks ◽  
Disaster Reduction ◽  
Development Path ◽  
Extreme Climatic Events ◽  
Disaster Losses ◽  
The Many ◽  
The City

It is highly likely that hazards and extreme climatic events will occur more frequently in the future and will become more severe – increasing the vulnerability and risk of millions of poor urbanites in developing countries. Disaster resilience aims to reduce disaster losses by equipping cities to withstand, absorb, adapt to or recover from external shocks. This paper questions whether disaster resilience is likely to be taken up in spatial planning practices in South Africa, given its immediate developmental priorities and challenges. In South Africa, issues of development take precedence over issues of sustainability, environmental management and disaster reduction. This is illustrated by the priority given to ‘servicing’ settlements compared to the opportunities offered by ‘transforming’ spaces through post-apartheid spatial planning. The City of Durban’s quest in adapting to climate change demonstrates hypothetically that if disaster resilience were to be presented as an issue distinct from what urban planners are already doing, then planners would see it as insignificant as compared to addressing the many developmental backlogs and challenges. If, however, it is regarded as a means to secure a city’s development path whilst simultaneously addressing sustainability, then disaster resilience is more likely to be translated into spatial planning practices in South Africa.

Professional secrecy and legal professional privilege

2018 ◽  
Vol 25 (2) ◽  
pp. 188-207 ◽  
Author(s):  
Jorg Sladič
Keyword(s):  
Human Rights ◽  
The Netherlands ◽  
Family Life ◽  
Common Law ◽  
Civil Law ◽  
Fundamental Rights ◽  
The Other ◽  
European Convention ◽  
Legal Professional ◽  
The Right

Legal privilege and professional secrecy of attorneys relate to the right to a fair trial (Article 6 European Convention on Human Rights (ECHR)) as well as to the right to respect for private and family life (Article 8 ECHR). The reason for protecting the lawyer via fundamental rights is the protection of fundamental rights of the lawyer’s clients. All legal orders apply legal privileges and professional secrecy; however, the contents of such are not identical. Traditionally there is an important difference between common and civil law. The professional secrecy of an attorney in civil law jurisdictions is his right and at the same time his obligation based on his membership of the Bar (that is his legal profession). In common law legal privilege comprises the contents of documents issued by an attorney to the client. Professional secrecy of attorneys in civil law jurisdictions applies solely to independent lawyers; in-house lawyers are usually not allowed to benefit from rules on professional secrecy (exceptions in the Netherlands and Belgium). On the other hand, common law jurisdictions apply legal professional privilege, recognized also to in-house lawyers. Slovenian law follows the traditional civil law concept of professional secrecy and sets a limited privilege to in-house lawyers. The article then discusses Slovenian law of civil procedure and compares the position of professional secrecy in lawsuits before State’s courts and in arbitration.

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