Customary marriages and the South African Constitution

2021 ◽  
pp. 53-77
Author(s):  
Sipho Nkosi
Obiter ◽  
2021 ◽  
Vol 34 (2) ◽  
Author(s):  
Chrizell Chürr

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.


Author(s):  
Vinesh Basdeo

The deprivation of the proceeds of crime has been a feature of criminal law for many years. The original rationale for the confiscation of criminal assets at international level was the fight against organised crime, a feature of society described by the European Court of Human Rights as a "scourge" so that the draconian powers which are a feature of confiscation regimes around the world have been approved in circumstances which otherwise might have caused governments considerable difficulties before the international human rights tribunals.[1] The primary objective of this article is to determine if the asset forfeiture measures employed in the South African criminal justice system are in need of any reform and/or augmentation in accordance with the "spirit, purport and object" of the South African Constitution.[2] This article attempts to answer three questions. Firstly, why is criminal asset forfeiture important to law enforcement? Secondly, in which circumstances can property be forfeited and what types of property are subject to forfeiture? Thirdly, how is forfeiture accomplished, and what are its constitutional ramifications? 


1987 ◽  
Vol 16 (1) ◽  
pp. 18-23
Author(s):  
Xia Jisheng

Since the enforcement of 1983 constitution, several years have passed. The 1983 constitution is the third constitution since the founding of the Union of South Africa in 1910. By observing the history of the constitutional development in more than seventy years in South Africa and the content of the current South African constitution, it is not difficult to find out that the constitution, as a fundamental state law, is an important weapon of racism. South Africa's white regime consistandy upholds and consolidates its racist rule by adopting and implementing constitutions. The aim of this article is to analyze and expose the essence of the South African racist system in mis aspect.


Author(s):  
Finn Reygan

The South African Constitution was the first in the world to include sexual orientation protections, and the country was an early embracer of same-sex marriage. Nevertheless, the lives of sexual and gender minorities in South Africa, including young people in schools, are often characterized by violence and discrimination. The growing body of research on sexual and gender diversity in education in South Africa indicates that homophobia is widespread in schools and that teachers and school principals are ill-prepared to challenge this homophobia and to teach in an affirming way about sexual and gender diversity. This chapter discusses the development of a training module for South African teachers on how best to challenge homophobia and transphobia and to teach about sexual and gender diversity in schools. Given the focus in South African education policy on social justice and inclusion in the post-apartheid context, this ground-breaking intervention supports transformative education policy.


1959 ◽  
Vol 8 (2) ◽  
pp. 251
Author(s):  
B. D. Inglis ◽  
H. J. May

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