scholarly journals A critical appraisal of Western Cape Forum for Intellectual Disability v Government of The Republic of South Africa 2011 5 SA 87 (WCC)

2015 ◽  
Vol 18 (3) ◽  
pp. 755 ◽  
Author(s):  
P Kruger
Keyword(s):  
South Africa ◽  
Intellectual Disability ◽  
Critical Appraisal ◽  
Western Cape ◽  
The Republic

scholarly journals Shigellosis in the south-western Cape of Good Hope 1968–85

1987 ◽  
Vol 98 (2) ◽  
pp. 165-170 ◽  
Author(s):  
P. R. Donald ◽  
Marie-Louise Pretorius ◽  
P. J. Burger
Keyword(s):  
South Africa ◽  
Shigella Flexneri ◽  
Western Cape ◽  
The South ◽  
Western Province ◽  
Cape Of Good Hope ◽  
Young Infants ◽  
Stool Specimens ◽  
The Republic

SUMMARYDuring the period 1968–85 shigella organisms were isolated from stool specimens of 1562 patients attending Tygerberg Hospital, situated in the south-western province of the Cape of Good Hope of the Republic of South Africa.Shigella flexneri(72% of patients) was the commonest subgroup identified.Sh. sonneiwas the second-commonest isolate (20%), with smaller number ofSh. boydii(5%) andSh. dysenteriae(3%).Sh. dysenteriaehas not been isolated since 1979. In 1985 30% of isolates were resistant to ampicillin and 52% to trimethoprim-sulphamethoxazole. During this period 12 cases of shigellaemia were seen, 11 in young infants less than 13 months of age who were malnourished in 6 cases. The single adult had had a previous gastrectomy and splenectomy.

scholarly journals New and interesting Campylopus records from South Africa

2004 ◽  
Vol 25 (1) ◽  
pp. 111-115 ◽  
Author(s):  
Jan-Peter Frahm ◽  
Terry Hedderson
Keyword(s):  
South Africa ◽  
New Records ◽  
Western Cape ◽  
Western Cape Province ◽  
The Republic ◽  
First Time

New records are presented based on a collection of Campylopus specimens made by the second author in the Western Cape Province of South Africa. . The austral species Campylopus clavatus (R. Brown) Wils. in Hook. and Campylopus vesticaulis Mitt. are reported for the first time for Africa, and Campylopus acuminatus Mitt. var. kirkii (Mitt.) J.-P. Frahm is recorded for the second time for Africa. Campylopus arctocarpus (Hornsch.) Mitt. ssp. madegassus (Besch.) J.-P. Frahm is reported for the first time for the Republic of South Africa, and this is the southernmost record of this species. Campylopus simii Schelpe is not synonymous with C. julaceus Jaeg. ssp. arbogastii (Ren. & Card.) J.-P. Frahm but combined here as new as a variety of C. pilifer Brid.

scholarly journals Modderklip Revisited: Can Courts Compel the State to Expropriate Property where the Eviction of Unlawful Occupiers is not Just and Equitable?

2018 ◽  
Vol 21 ◽  
pp. 1-21
Author(s):  
Jackie Dugard
Keyword(s):  
South Africa ◽  
Separation Of Powers ◽  
The State ◽  
Court Case ◽  
Constitutional Court ◽  
Constitutional Rights ◽  
Western Cape ◽  
The Supreme Court ◽  
Constitutional Right ◽  
The Republic

This article examines whether, to give effect to the section 26 constitutional right to adequate housing, courts can (or should) compel the state to expropriate property in instances when it is not just and equitable to evict unlawful occupiers from privately-owned land (unfeasible eviction). This question was first raised in the Modderklip case, where both the Supreme Court of Appeal (Modder East Squatters v Modderklip Boerdery (Pty) Ltd; President of the Republic of South Africa v Modderklip Boerdery (Pty) Ltd 2004 3 All SA 169 (SCA)) and Constitutional Court (President of the Republic of South Africa v Modderklip Boerdery (Pty) Ltd 2005 5 SA 3 (CC)). dodged the question, opting instead to award constitutional damages to the property owner for the long-term occupation of its property by unlawful occupiers. It is clear from cases such as Ekurhuleni Municipality v Dada 2009 4 SA 463 (SCA), that, mindful of separation of powers concerns, courts have until very recently been unwilling to order the state to expropriate property in such circumstances. At the same time, it is increasingly evident that the state has failed to fulfil its constitutional obligations to provide alternative accommodation for poor communities. In this context, this article argues that there is a growing need for the judiciary to consider, as part of its role to craft effective remedies for constitutional rights violations, the issue of judicial expropriation. It does so, first, through an analysis of the relevant jurisprudence on evictions sought by private landowners and, second, through an in-depth engagement of the recent Western Cape High Court case, Fischer v Persons Listed on Annexure X to the Notice of Motion and those Persons whose Identity are Unknown to the Applicant and who are Unlawfully Occupying or Attempting to Occupy Erf 150 (Remaining Extent) Phillipi, Cape Division, Province of the Western Cape; Stock v Persons Unlawfully Occupying Erven 145, 152, 156, 418, 3107, Phillipi & Portion 0 Farm 597, Cape Rd; Copper Moon Trading 203 (Pty) Ltd v Persons whose Identities are to the Applicant Unknown and who are Unlawfully Occupying Remainder Erf 149, Phillipi, Cape Town 2018 2 SA 228 (WCC).    

scholarly journals COLD COMFORT FOR THE PARTIES TO A MUSLIM MARRIAGE - THE SAGA CONTINUES Hassam v Jacobs NO (Muslim Youth Movement of South Africa and Women’s Legal Trust as Amici Curiae [2009] ZACC 19

Obiter ◽  
2021 ◽  
Vol 31 (1) ◽  
Author(s):  
Razaana Denson ◽  
Glynis van der Walt
Keyword(s):  
South Africa ◽  
Cape Town ◽  
Constitutional Court ◽  
Western Cape ◽  
Youth Movement ◽  
High Court ◽  
Muslim Youth ◽  
The Republic

In Hassam v Jacobs NO (Muslim Youth Movement of South Africa and Women’s Legal Trust as Amici Curiae) ([2009] ZACC 19), the Constitutional Court was faced with an application for the confirmation of constitutional invalidity of section 1(4)(f) of the Intestate Succession Act 81 of 1987 (hereinafter “the ISA”). The application was made pursuant to the decision of the Western Cape High Court, Cape Town in Hassam v Jacobs NO ([2008] 4 All SA 350 (C)), where it was held that the word “spouse” as utilized in the ISA could be extended to include parties in a de facto polygynous Muslim marriage. The impugned provisions of the ISA were held to exclude widows of polygynous Muslim marriages in a discriminatory manner from the protection offered by the ISA. The Western Cape High Court therefore declared section 1(4)(f) of the ISA to be inconsistent with the Constitution as it makes provision for only one spouse in a marriage entered into in accordance with the tenets Muslim rites to be an heir. The decision of Western Cape High Court was referred to the Constitutional Court in terms of section 172(2)(a) of the Constitution of the Republic of South Africa Act, Act 108 of 1996.

scholarly journals Editorial

2016 ◽  
Vol 18 (3) ◽  
Author(s):  
Christa Rautenbach
Keyword(s):  
South Africa ◽  
Black People ◽  
Outer Space ◽  
Rapid Development ◽  
Customary Law ◽  
Constitutional Court ◽  
Western Cape ◽  
Space Technology ◽  
Persons With Disabilities ◽  
The Republic

This edition of PER consists of eight contributions; six articles and two notes. In the first article, Angelo Dubeanalyses the interaction amongst African States that eventually led to the development of universal jurisdiction regulations within their individual legal systems to determine if one can say that there is indeed an African signature in those legal rules. Anél Ferreira-Snyman deals with the rapid development of space technology and space flight which has rendered article IV of the Outer Space Treaty dealing with the military use of outer space outdated and in dire need of change. Moses Phooko's article investigates whether the Southern African Development Community (SADC) Tribunal has jurisdiction to deal with cases involving allegations of human rights violations. Analogous to the situation of Chinese people in South Africa who chose to be defined as "Black People" in terms of the Employment Equity Act 55 of 1998 as well as the Broad Based Economic Empowerment Act 53 of 2003, Enyinna Nwauche examines the possibility that people living under a system of customary law may change their legal system by choosing another one. The last two articles, written in two parts by Andre Louw, deals with theEmployment Equity Act 55 of 1998. In the first part, he critically examines the organising principle of the affirmative provisions of this Act and assesses if it is in line with the constitutional requirements for a legitimate affirmative action programme or measure. In the second part, he critically evaluates the Constitutional Court judgment inSouth African Police Service v Solidarity obo Barnard 2014 6 SA 123 (CC), and highlights what he thinks the biggest areas of disappointment of this judgment are within the context of South Africa’s equality jurisprudence.In the first of two notes, Zsa-Zsa Boggenpoel analyses the Constitutional Court's use of the common law remedy ofmandament van spolie in Ngqukumba v Minister of Safety and Security 2014 5 SA 112 (CC). In the second note and last contribution of this edition, Petronell Kruger discusses the case of Western Cape Forum for Intellectual Disability v Government of the Republic of South Africa 2011 5 SA 87 (WCC), which dealt with the challenges faced by persons with disabilities relating to access to education in South Africa.

South Africa

2020 ◽  
Author(s):  
Marius Schneider ◽  
Vanessa Ferguson
Keyword(s):  
South Africa ◽  
Free State ◽  
Western Cape ◽  
Eastern Cape ◽  
Gauteng Province ◽  
East Central ◽  
South West Coast ◽  
Northern Cape ◽  
The Indian Ocean ◽  
The Republic

The Republic of South Africa, known as South Africa, occupies the most southern tip of Africa with a coastline stretching from the border of Namibia on the Atlantic Ocean (south-west coast) of Africa, down to the tip of Africa and then north along the south-east coast to the border of Mozambique on the Indian Ocean. South Africa is bordered by Namibia, Botswana, Zimbabwe, Eswatini (formerly Swaziland), and Mozambique and surrounds the small landlocked Kingdom of Lesotho in the east-central region of South Africa. The total area of South Africa is approximately 1.22 million square kilometres (km), with a population of an estimated 58.78 million (2019). The country is divided into nine provinces, Western Cape, Eastern Cape, Northern Cape, Free State, Kwa-Zulu Natal, Northwest, Gauteng, Mpumalanga, and Limpopo. Gauteng Province is the most densely populated province with approximately 809.6 people per square kilometre, Kwa-Zulu Natal being the second most densely populated at 120.7 people per square kilometre, with Western and Eastern Cape following substantially behind at 59.1 and 51.1 people per kilometres respectively. There are three capitals in South Africa: Pretoria in the Gauteng province (administrative), Cape Town in the Western Cape (Legislative), and Bloemfontein in the Free State (Judicial). The

Review of the genus Beckhoplia Dombrow, 2005 with the description of fifteen new species from South Africa and observations on its biogeography (Coleoptera: Scarabaeidae: Melolonthinae: Hopliini)

Zootaxa ◽  
2020 ◽  
Vol 4823 (1) ◽  
pp. 1-64
Author(s):  
HOLGER E. DOMBROW ◽  
JONATHAN F. COLVILLE
Keyword(s):  
South Africa ◽  
New Species ◽  
Morphological Characters ◽  
The Body ◽  
Western Cape ◽  
Species Complexes ◽  
Northern Cape ◽  
New Material ◽  
The Republic ◽  
Established Species

Fifteen years after establishing the genus Beckhoplia Dombrow, 2005 a large amount of new material collected has warranted a critical review of the established species and a revision of the genus. From this process, we describe fifteen new species from the Northern Cape Province and Western Cape Province of the Republic of South Africa: Beckhoplia bicolor Dombrow, new species, B. caliginosa Dombrow, new species, B. castanea Dombrow, new species, B. dolichiocnemis Dombrow, new species, B. elkeae Dombrow, new species, B. fusca Dombrow, new species, B. gifbergensis Dombrow, new species, B. nigra Dombrow, new species, B. nigrofasciata Dombrow, new species, B. nigrosetosa Dombrow, new species, B. pallidibrunnea Dombrow, new species, B. pulchra Dombrow, new species, B. pumilla Dombrow, new species, B. setosa Dombrow, new species and B. suturalis Dombrow, new species. Two cryptic species complexes within the species B. colvillei Dombrow, 2005 and B. occidentalis Dombrow, 2005 were detected. A revised key of the genus and observations about its biogeography are given. Important details of the morphological characters of the body and the parameres of the species are illustrated and their distributions are mapped. We also provide habitat and host plant information. 

Sign in / Sign up

Export Citation Format

Share Document