Revising spousal testimonial privilege and marital communications privilege in South African criminal procedure: Is abolition or extension the answer? Part 2

2020 ◽  
Vol 33 (3) ◽  
pp. 598-616
Author(s):  
Samantha Goosen ◽  
Nicci Whitear-Nel
Keyword(s):  
South Africa ◽  
South African ◽  
Marital Relationships ◽  
Current Form ◽  
The Right To Privacy ◽  
European Court ◽  
Before And After ◽  
African Context ◽  
The Right ◽  
Testimonial Privilege

Although South Africa has not directly grappled with whether to extend the protection of the marital privileges to cohabitant life partners, Canada has. The ‘marital privileges’ refer to spousal testimonial privilege and marital communications privilege, collectively, in this article. In 2015, the Canadian legislature abolished spousal testimonial privilege. The marital communications privilege has been retained, and the Canadian courts have considered whether to extend it to cohabitant life partners or abolish it. To gain perspective on whether the marital privileges in South Africa should be retained but reformed, the authors discuss the position in Canada, a constitutionally comparable democracy. The authors consider the scope and applicability of the marital privileges before and after the 2015 Canadian amendments,1 which abrogated spousal testimonial privilege. The authors discuss the abrogation of spousal testimonial privilege in Canada and consider its relevance in the South African context. Also considered is why the marital communications privilege has been retained. This research suggests that while the central rationale for retaining the marital communications privilege is to foster marital relationships and protect the right to privacy, the rationale of dignity also plays a key role. The authors also consider the decision of the European Court of Human Rights dealing with marital communications privilege in The Netherlands. Finally, it will be submitted that whichever view one takes, the marital privileges in South Africa should not be retained in their current form.

scholarly journals Editing a scientific journal on communication disorders in South Africa: A unique challenge

1994 ◽  
Vol 41 (1) ◽  
Author(s):  
Brenda Louw
Keyword(s):  
South Africa ◽  
South African ◽  
Scientific Journal ◽  
Editorial Policy ◽  
Communication Disorders ◽  
Scientific Publication ◽  
South African Context ◽  
Unique Challenge ◽  
African Context ◽  
The Right

The aim of this article is to describe the challenge of editing a scientific journal in the field of communication disorders in the South African context. An overview of the development of the journal and the current editorial policy is described. The distinctiveness and uniqueness of the journal is highlighted. A discussion of the problems encountered and the challenges posed by the future is supplied. In conclusion the question is posed of whether a scientific publication of this nature is relevant and justifiable. It is concluded that such a publication is indeed important and has the right of existence.

scholarly journals THE RIGHT TO PRIVACY AND DRUG-TESTING IN SPORT IN SOUTH AFRICA: COULD THE NEW ZEALAND CASE OF CROPP V JUDICIAL COMMITTEE PROVIDE SOME GUIDANCE?

Obiter ◽  
2021 ◽  
Vol 34 (1) ◽  
Author(s):  
Jean Wilké
Keyword(s):  
South Africa ◽  
New Zealand ◽  
South African ◽  
Drug Testing ◽  
Right To Privacy ◽  
The Right To Privacy ◽  
The Republic ◽  
The Right

This article examines the right to privacy of athletes who are required to submit to drug tests. In South Africa, the right to privacy of an athlete with regard to drugtesting has not been challenged in the courts. However, the courts in New Zealand have had an opportunity to examine the right to privacy of an athlete in terms of drugtesting in sport. Therefore, the article discusses whether the decision in the NewZealand case of Cropp v Judicial Committee may provide some guidance to South African courts in the adjudication of whether the infringement and the limitation on the right to privacy in the context of drug-testing in sport can be reasonable and justified and concludes that such infringement may be reasonable and justified if a court is to consider a limitation of the right to privacy in terms of section 36 of the Constitution of the Republic of South Africa, 1996 as well as consent and safety.

scholarly journals SECTION 27 OF THE INSOLVENCY ACT 24 OF 1936 AS A VIOLATION OF THE EQUALITY CLAUSE: A CRITICAL ANALYSIS

2016 ◽  
Vol 19 ◽  
pp. 1
Author(s):  
Zingaphi Mabe
Keyword(s):  
South Africa ◽  
South African ◽  
Law Reform ◽  
Department Of Justice ◽  
Current Form ◽  
The World ◽  
The Law ◽  
The Republic ◽  
The Right ◽  
Made In

The Constitution of the Republic of South Africa, 1996, is regarded as one of the most progressive constitutions in the world. As the supreme law in South Africa, it applies to all law and conduct. All South African laws must be consistent with the Constitution. Where there is an alleged violation of constitutional provisions, that law or conduct must be evaluated to establish whether or not it is consistent with the values of an open and democratic society based on fundamental human rights such as human dignity and the right to equality.The Insolvency Act and section 27 in particular which is the focus of this paper must be consistent with the Constitution. Section 27(1) provides:"No immediate benefit under a duly registered antenuptial contract given in good faith by a man to his wife or any child to be born of the marriage shall be set aside as a disposition without value, unless that man's estate was sequestrated within two years of the registration of that antenuptial contract."This section protects benefits arising from an antenuptial contract and given by a man to his wife or to a child born of their marriage, from being set aside as dispositions without value during sequestration proceedings. The same protection is not afforded however, to benefits given by the wife under an antenuptial contract. This also excludes benefits given by those in a same sex marriage, and limits the benefits available to children born of that form of marriage.As the right to equality in section 9 of the Constitution seeks to provide equal benefits before the law to persons in the same or similar positions by prohibiting unfair discrimination, the limitations in section 27 render it vulnerable to constitutional review.As the Insolvency Act has not been amended as a whole to accommodate the equality provisions in the Constitution, in its current form, section 27 seems to violate section 9(3) of the Constitution on the grounds of sexual orientation, marital status and birth.However, certain proposals have been made in the report by the South African Law Reform Commission on the Review of the Law of Insolvency to develop section 27 to comply with the Constitution. Further developments have been proposed by the Department of Justice and Constitutional Developments in its presentations to the Labour Market Chamber in 2003 and 2006.This paper examines section 27 of the Insolvency Act as it currently reads, within the context of the right to equality in section 9 of the Constitution. Current developments in respect of section 27 will be considered to illustrate progress made in reforming the section and whether the reform measures proposed will protect all those affected by the discrimination arising from section 27.The discussion opens with a consideration of the current dispensation and the question whether section 27 violates section 9(3) of the Constitution. Current developments will then be discussed in the light of the current proposals.

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.

‘Limping, Yet Made to Climb a Mountain!’ Re-Reading the Vashti Character in the Hiv And Aids South African Context

2018 ◽  
Author(s):  
Madipoane Masenya (Ngwan’A Mphahlele)
Keyword(s):  
South Africa ◽  
South African ◽  
External Factor ◽  
Hiv And Aids ◽  
African Women ◽  
South African Context ◽  
Land Grabbing ◽  
The Bible ◽  
History Of ◽  
African Context

The history of the Christian Bible’s reception in South Africa was part of a package that included among others, the importation of European patriarchy, land grabbing and its impoverishment of Africans and challenged masculinities of African men. The preceding factors, together with the history of the marginalization of African women in bible and theology, and how the Bible was and continues to be used in our HIV and AIDS contexts, have only made the proverbial limping animal to climb a mountain. Wa re o e bona a e hlotša, wa e nametša thaba (while limping, you still let it climb a mountain) simply means that a certain situation is being aggravated (by an external factor). In this chapter the preceding Northern Sotho proverb is used as a hermeneutical lens to present an HIV and AIDS gender sensitive re-reading of the Vashti character in the Hebrew Bible within the South African context.

Reimagining Intersectionality and Social Exclusion in South Africa

2020 ◽  
Author(s):  
Khosi Kubeka ◽  
Sharmla Rama
Keyword(s):  
South Africa ◽  
South African ◽  
Social Exclusion ◽  
Social Relations ◽  
South African Context ◽  
Social Division ◽  
Common Reference ◽  
Local Contexts ◽  
African Context

Combining the theories of intersectionality and social exclusion holds the potential for structural and nuanced interpretations of the workings of power, taking systemic issues seriously but interpreting them though social relations that appear in local contexts. An intersectional analysis of social exclusion demonstrates to what extent multiple axes of social division—be they race, age, gender, class, disability or citizenship—intersect to result in unequal and disparate experiences for groups of youth spatially located in particular communities and neighborhoods. A common reference point is therefore power and how it manifests at the intersection of the local and global. A South African case study is used to explore the subjective measures and qualitative experiences of intersectionality and social exclusion further. The unique ways that language intersects with space, neighborhood, and race in the South African context, enables opportunities in education and the labor market, with profound implications for forms of social exclusion.

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. 

scholarly journals Exploring the factors that influence the career decision of STEM students at a university in South Africa

2020 ◽  
Vol 7 (1) ◽  
Author(s):  
Ethel Ndidiamaka Abe ◽  
Vitallis Chikoko
Keyword(s):  
South Africa ◽  
Decision Making ◽  
Content Analysis ◽  
South African ◽  
Career Decisions ◽  
Career Decision ◽  
South African Context ◽  
Career Decision Making ◽  
Stem Students ◽  
African Context

Abstract Background Science, Technology, Engineering, and Mathematics (STEM) educators and stakeholders in South Africa are interested in the ways STEM students make their career decisions because of the shortages in these critical skills. Although various factors including family, teachers, peers, and career interest have been reported as determinants of career decision-making, there is a scarcity of studies that have qualitatively explored the levels of influences of any of these factors in the South African context. The main aim of this study was to investigate the factors that influence career decision-making among STEM student majors in a South African university. By better understanding students’ viewpoint on these factors, educators and policymakers can assist students in making career decisions that fit their experiences, personality, and expectations. Students in their 1st, 2nd, 3rd, and 4th year of study respectively, were invited to respond to a semi-structured questionnaire about the factors that were influential in their decision to pursue a career in STEM. A total of 203 texts (response rate: 63%) were qualitatively analyzed utilising a hermeneutic phenomenology approach to traditional content analysis, whereby themes develop inductively from the data. Results We used a hermeneutic phenomenological method to traditional content analysis to examine the factors influencing participants’ career decision-making. Peer interrogation, modified member verification, compact description, code-recode tactics, and assessment trails were engaged to confirm quality and rigour. Three key results emerged, namely interpersonal, intrapersonal, and career outcomes expectancy. The perceptions of STEM students of their career decision-making in the South African context are more multifaceted than reported previously. The insights could inform policies to counter skills shortages in the STEM area. Conclusions In this exploratory study, we gave attention to describing the various ranges of students’ perceptions and experiences regarding their career decision-making. Several students reported, among other factors, that their families, personality, and expectations played influential roles in their career decision-making. Here, we discuss the meaning of interpersonal, intrapersonal, and outcome expectations with respect to career decision-making from the perspective of STEM students in a South African university.

scholarly journals Measuring network competence in buyer-supplier relationships

2011 ◽  
Vol 12 (4) ◽  
pp. 429-447
Author(s):  
Gert Human
Keyword(s):  
South Africa ◽  
South African ◽  
Individual Characteristics ◽  
Measurement Scale ◽  
Business Networks ◽  
Business Managers ◽  
Supplier Relationships ◽  
African Context ◽  
Network Competence ◽  
Business To Business

Managing multiple buyer-seller relationships in business-to-business networks demands an understanding of a firm’s competence to manage in an interconnected environment.  This paper reports on an attempt to measure network competence by using the NetCompTest scale in business-to-business markets in South Africa. Based on a pilot study refinement, the paper proposes an adjusted measurement scale and details the results of a second round of measurement conducted amongst 495 business-to-business managers in South Africa. The results established partial support for the use of the NetCompTest scale in a South African context, and analysis of variance indicated that some differences in the measurement based on firm and individual characteristics can be observed in the data. The paper assists in theory-building and provides managerial insights for managing buyer-supplier relationships in networks.

A Tug of War Between Heritage Conservation and Property Rights: Some Success at Last for Heritage Conservation—City of Cape Town v. Oudekraal Estates (Pty) Ltd. [2007] JOL 20887 (C)

2009 ◽  
Vol 16 (1) ◽  
pp. 67-83 ◽  
Author(s):  
Margaret Beukes
Keyword(s):  
Property Rights ◽  
South African ◽  
Cape Town ◽  
The Other ◽  
Heritage Conservation ◽  
South African Context ◽  
Sensitive Issue ◽  
African Context ◽  
The One ◽  
The Right

When the idea of heritage conservation arises, one specific facet of the ensuing reflection is bound to emerge at some stage: the (inevitable) tension between property rights, on the one hand, and the right to culture (of which heritage conservation is an aspect), on the other. This tension intensifies when the cultural material to be conserved concerns a traditionally sensitive issue—that of the burial places of the ancestors of people designated in the South African context as previously disadvantaged.

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