Mater semper (in)certus est: A South African perspective on McConnell v Registrar General for England and Wales

2021 ◽  
Vol 138 (2) ◽  
pp. 399-424
Author(s):  
Lize Mills
Keyword(s):  
South Africa ◽  
South African ◽  
Birth Certificate ◽  
Gender Recognition ◽  
England And Wales ◽  
Registrar General ◽  
Legal Context ◽  
Opposite Sex ◽  
African Perspective

Two recent decisions by English courts have established that the man who gave birth to his child should be registered as the ‘mother’ of that child. The courts found that, despite the fact that the Gender Recognition Act provides that a person who had changed sex and received ‘a full gender recognition certificate’ is considered ‘for all purposes’ to be a person of ‘the acquired gender’, this person still has to be registered on his child’s birth certificate as belonging to the opposite sex. This article describes and evaluates the reasons for these decisions, and compares the English position to those of a number of jurisdictions, including that of South Africa. It argues that the legal context in this country provides for a more pragmatic and equitable approach to the rights of both trans parents and their children.

scholarly journals Knowledge management according to organisational size: A South African perspective

2013 ◽  
Vol 15 (1) ◽  
Author(s):  
Cornelius Kruger ◽  
Roy D. Johnson
Keyword(s):  
South Africa ◽  
Knowledge Management ◽  
South African ◽  
Middle Management ◽  
Senior Management ◽  
Urban South ◽  
Embedded Knowledge ◽  
Personal Approach ◽  
African Perspective ◽  
Insight Into

Background:To date, few studies have focused on how embedded Knowledge Management (KM) is found in the roots of an organisation. Specifically, not much is known whether employees and managers hold similar perceptions regarding KM or if organisational size plays a role in the establishment of KM maturity.Objective: The objective of this article was to determine what role organisational size plays in the establishment of KM maturity and how different managerial levels viewed their organisations KM maturity.Method: The authors gained insight into KM maturity in different industry groupings over a five-year period from a large urban South African University engaged in numerous collaboration programmes with industry. In total, 434 employees were interviewed over three grouping levels (operational, middle and senior management).Results: The findings support arguments that irrespective of organisational size, knowledge orientated issues are applicable to all organisations. However, with significant differences in scores recorded over all maturity sections in South Africa, the findings indicated that different sized organisations address knowledge-orientated issues differently.Conclusion: Findings challenge the argument that the manner in which knowledge-orientated issues are addressed differ only slightly depending on organisational size. Smaller-sized organisations prefer a more personal approach, whilst larger-sized organisations prefer knowledge transfer via technology. Irrespective of organisational size, commitment holds the key to KM success. Commitment shown by middle management regarding KM is a differentiator.

scholarly journals Accounting practitioners’ views on the proposed “Micro GAAP”: A South African perspective

2011 ◽  
Vol 4 (2) ◽  
pp. 257-274 ◽  
Author(s):  
Hentie A. Van Wyk ◽  
Cobus Rossouw
Keyword(s):  
South Africa ◽  
South African ◽  
Financial Reporting ◽  
Financial Statements ◽  
General Purpose ◽  
The South ◽  
Reporting Framework ◽  
Accounting Practitioners ◽  
African Perspective

Even though the IFRS for SMEs does provide some relief in respect of the financial reporting burden for non-public entities, there still seems to be a need for an even lower level of financial reporting. In recent years South Africa embarked upon the development of a financial reporting framework for non-public entities and various versions of this so-called micro GAAP have been issued. However, the Accounting Practices Board raised some concerns about the then proposed micro GAAP. This article highlights the South African accounting practitioners’ views from different professional bodies on micro GAAP. They generally believe that micro GAAP will represent fair presentation and that the financial statements prepared under micro GAAP can still be regarded as general purpose financial statements. Furthermore, the majority of accounting practitioners believe that there is a definite need for a third tier of financial reporting in South Africa and indicated their preference of which entities may apply micro GAAP. Legal backing of micro GAAP is also considered appropriate by the practitioners.

A South African Perspective of Grade 9 Learners’ Experiences of Children’s Rights

2018 ◽  
Vol 26 (2) ◽  
pp. 278-294
Author(s):  
Lucia Munongi ◽  
Jace Pillay
Keyword(s):  
South Africa ◽  
Human Rights ◽  
Content Analysis ◽  
Secondary Schools ◽  
South African ◽  
Children's Rights ◽  
Children’S Rights ◽  
African Perspective ◽  
Radical Approach

This study aimed to determine children’s experiences of their rights. The sample consisted of 185 Grade 9 pupils (females = 95; males = 90) randomly sampled from 13 secondary schools from Johannesburg, South Africa, from a previous study. The participants were requested to write their responses to an open-ended question: ‘What do you think of children’s rights in South Africa?’ The data were analysed using content analysis since the data from the open-ended question was qualitative in nature. Results indicated that children were aware that they have rights, and that adults were still violating them. Based on the findings and a human rights-basedframework, several recommendations were made, such as, the need to adopt a more radical approach when dealing with children’s rights and the need to encourage schools and families to develop a culture of respecting children’s rights.

scholarly journals A COMPARATIVE EXPOSITION OF THE LAW OF HUSBAND AND WIFE IN TERMS OF ISLAMIC LAW, SOUTH AFRICAN LAW AND THE LAW OF ENGLAND AND WALES ‒ PART TWO

Obiter ◽  
2021 ◽  
Vol 42 (2) ◽  
Author(s):  
Razaana Denson
Keyword(s):  
South Africa ◽  
South African ◽  
Islamic Law ◽  
Legal Systems ◽  
England And Wales ◽  
English Law ◽  
The Law ◽  
Muslim Communities ◽  
Personal Law ◽  
Legal Consequences

The article discusses and compares the dissolution of a marriage as well as the legal consequences thereof in Islamic law, South African law and English law. This is done in order to demonstrate that despite similarities, there are vast differences between the three legal systems. This impacts on how Muslim personal law (MPL) can be recognised and regulated in South Africa and in England and Wales as constitutional democracies. South Africa, England and Wales share a commitment to human rights and have adopted various approaches in respect of accommodating the application of Islamic law. Internal pluralism also exists within the Muslim communities in South Africa, England and Wales as the majority of Muslims in these countries have to varying degrees developed diverse strategies to ensure compliance with Islamic law, as well as with South African and English law. Notwithstanding the accommodation of MPL in terms of South African and English law, the differences between these legal systems have resulted in decisions that, while providing relief to the lived realities of Muslims, are in fact contrary to the teachings and principles of Islam and therefore problematic for Muslims.

Facial Social Risks in IT Development in South Africa - Learning from Scandinavia

2002 ◽  
pp. 268-289
Author(s):  
Helana Scheepers ◽  
Lars Mathiassen
Keyword(s):  
South Africa ◽  
Information Technology ◽  
Everyday Life ◽  
South African ◽  
Systems Development ◽  
Problem Area ◽  
South Africans ◽  
Social Risks ◽  
Trade Unionist ◽  
African Perspective

South Africa is undergoing a number of changes, which has an effect on every aspect of society from the workplace to everyday life. South Africans need to reflect on this situation and determine how to proceed. The purpose of this article is to consider the development and implementation of information technology, one particular problem area, in this broader context. The article draws an analogy between the trade unionist systems development tradition in Scandinavia and the possible application it might have in South Africa. The article describes the situation in South Africa, presents the trade unionist approach to systems development, and describes the underlying principles that have been identified by Scandinavian researchers. It then evaluates these principles from a South African perspective and discusses the possible uses they might have in the South African situation.

scholarly journals Burnout and engagement: A South African perspective

2003 ◽  
Vol 29 (4) ◽  
Author(s):  
S. Rothmann
Keyword(s):  
South Africa ◽  
South African ◽  
Work Engagement ◽  
Causal Models ◽  
Item Bias ◽  
Measuring Instruments ◽  
Factorial Validity ◽  
Multicultural Context ◽  
Construct Equivalence ◽  
African Perspective

Work wellness, and more specifically burnout and engagement are important focus areas of research and intervention in South Africa. However, few studies have been conducted regarding the factorial validity, construct equivalence and item bias of measuring instruments of burnout and work engagement. Furthermore, few studies have been conducted regarding causal models of burnout as well as interventions to prevent and/or manage burnout in a multicultural context. Little is known about the causes of work engagement and interventions to increase it. Research should be conducted to validate measuring instruments of burnout, work engagement and predictors thereof in multicultural contexts. Research is also needed regarding the effectiveness of interventions to manage work engagement and to prevent and/or manage burnout. Opsomming Werkwelstand, en meer spesifiek psigiese uitbranding en begeestering is belangrike fokusareas vir navorsing en intervensie in Suid-Afrika. Tog is min studies onderneem rakende die faktorgeldigheid, konstrukekwivalensie en itemsydigheid van meetinstrumente van psigiese uitbranding en werksbegeestering. Verder is min studies onderneem ten opsigte van oorsaaklike modelle van psigiese uitbranding sowel as intervensies om uitbranding in ‘n multikulturele konteks te voorkom en/of te bestuur. Min is bekend oor die oorsake van werksbegeestering en intervensies om dit te verhoog. Navorsing moet onderneem word ten einde meetinstrumente van psigiese uitbranding, werksbegeestering en voorspellers daarvan in ‘n multikulturele konteks te valideer. Navorsing rakende die effektiwiteit van intervensies om werksbegeestering te bestuur en psigiese uitbranding te voorkom en/of te hanteer, is ook noodsaaklik.

scholarly journals Free Higher Education in South Africa—Why Not?

2015 ◽  
Author(s):  
Saleem Badat
Keyword(s):  
Higher Education ◽  
South Africa ◽  
South African ◽  
Education Policies ◽  
Higher Education Policies ◽  
African Perspective

Some in South Africa has proposed providing free higher education. The implications of free higher education policies are analyzed from a South African perspective.

‘Burn it down!’: Materialising intersectional solidarities in the architecture of the South African Embassy during the London Poll Tax Riot, March 1990

2019 ◽  
Vol 38 (2) ◽  
pp. 233-250 ◽  
Author(s):  
Gavin Brown
Keyword(s):  
South Africa ◽  
Working Class ◽  
South African ◽  
Large Scale ◽  
The South ◽  
The West ◽  
England And Wales ◽  
Metropolitan Police ◽  
Trafalgar Square ◽  
Poll Tax

This paper offers a new way of conceptualising how intersectional solidarities are actualised. It recounts and theorises an outbreak of radical internationalism, when working class struggles in Britain and South Africa were unexpectedly linked. It examines how intersectional solidarity was materialised through a process of coming together against the architectural fabric of the South African Embassy and considers the interwoven temporalities that enabled this action to occur. On 31 March 1990, nearly a quarter of a million people demonstrated in London against the Poll Tax that was due to take effect in England and Wales the following day. On the day, the Metropolitan Police lost control of an already enraged crowd and provoked a large scale riot that engulfed the West End of London for several hours. In the midst of the riot, during a short retreat by the police, protesters took the opportunity to attack the South African Embassy in Trafalgar Square – many windows were broken and an attempt was made to set the building alight. Drawing on interviews with former anti-apartheid protesters who were present on that day (and who had concluded a four-year long Non-Stop Picket of the embassy a month earlier), this paper explores and analyses their memories of that unexpected moment when their previously symbolic call to ‘burn it down’ was (almost) materialised. In doing so, it contributes new ways of conceptualising the spatiality and temporality of intersectional solidarity.

scholarly journals Postsecular democracy and the reign of God: Reading Habermas and Moltmann in South Africa

2015 ◽  
Vol 49 (1) ◽  
Author(s):  
Wessel Bentley
Keyword(s):  
South Africa ◽  
South African ◽  
African Culture ◽  
The South ◽  
History And Memory ◽  
Culture History ◽  
Participatory Citizenship ◽  
African Perspective ◽  
Political Model ◽  
Reign Of God

Governed by a liberal constitution, the South African democratic project is progressively finding its own identity. Being a democracy in Africa has unique challenges, as this system of governance needs to be contextualised by integrating African culture, history and memory into a political model which will promote sustainable participatory citizenship. This article engages, from a South African perspective, Habermas’ model of a postsecular democracy and Moltmann’s understanding of ‘Reich Gottes’ in Ethics of Hope. This article proposes an integrated relationship between responsible citizenship (Habermas’ postsecular democracy) and a Christian social conscience (Moltmann’s ‘Reign of God’)1for the South African context.Postsekulêre demokrasie en die koninkryk van God: in gesprek met Habermas en Moltmann vanuit ’n Suid-Afrikaanse perspektief. Die Suid-Afrikaanse demokrasie wat gegrond is op ’n liberale grondwet, is geleidelik besig om ’n eie identiteit te vind. Demokrasie in Afrika ervaar unieke uitdagings en moet derhalwe gekontekstualiseer word deur die Afrikakultuur, geskiedenis en geheue in ’n politieke model te inkorporeer wat beoog om houdbare en deelnemende burgerskap te bevorder. Hierdie artikel tree vanuit ’n Suid Afrikaanse perspektief in gesprek met Habermas se model oor postsekulêre demokrasie sowel as met Moltmann se verstaan van ‘Reich Gottes’ in Ethics of Hope. ’n Geïntegreerde verhouding tussen verantwoordelike burgerskap (Habermas se postsekulêre demokrasie) en ’n Christelike sosiale gewete (Moltmann se ‘Koninkryk van God‘) binne die Suid-Afrikaanse konteks word derhalwe deur hierdie artikel ondersteun.

An Analysis of the State’s Obligation to Provide Access to Sufficient Water: A South African Perspective

2017 ◽  
Vol 10 (2-3) ◽  
pp. 127-140
Author(s):  
Desan Iyer ◽  
Dev Datt Tewari
Keyword(s):  
South Africa ◽  
South African ◽  
Economic Rights ◽  
Running Water ◽  
Contentious Issue ◽  
Policy Frameworks ◽  
The World ◽  
African Perspective ◽  
Progressive Policy ◽  
South African Constitution

Abstract Many people in Africa, and around the world, do not have access to pipe or running water despite efforts being made to actualise socio-economic rights. South Africa is no different. The advent of the South African Constitution, as well as a strong commitment to advancing social and economic rights and values, has seen post-apartheid reforms in South Africa as well as an evolving water framework being confronted with new binary challenges. The era of social change has consequently underscored the need for an urgent redress of incongruences that still exist in respect of access to sufficient water. Despite South Africa adopting progressive policy frameworks for water in recent times, stark inequalities between communities in respect of access to sufficient water remain a contentious issue. The article will seek to analyse the developmental mandate of local government’s responsibilities in respect of safeguarding and giving effect to a key socio-economic right in South Africa.

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