Southern Africa Litigation Centre v. Minister of Justice and Constitutional Development (N. Gauteng High Ct., Pretoria)

2015 ◽  
Vol 54 (5) ◽  
pp. 927-944 ◽  
Author(s):  
John Dugard
Keyword(s):  
South Africa ◽  
South African ◽  
Criminal Court ◽  
Crimes Against Humanity ◽  
Law Firm ◽  
Constitutional Development ◽  
African Government ◽  
Public Interest Law ◽  
The North ◽  
The Government

In June 2015, President Omar Hassan Ahmad Al Bashir of Sudan attended a meeting of the African Union (AU) in Johannesburg, South Africa, despite the fact that a warrant had been issued for his arrest by the International Criminal Court (ICC) for the commission of war crimes, crimes against humanity, and genocide in the Darfur region. Although South Africa, a party to the ICC, was obliged to arrest Al Bashir and surrender him to the ICC under the terms of the Rome Statute of the ICC, the South African government made no attempt to apprehend him. On the application of a South African public interest law firm, the North Gauteng High Court ordered that the government was required by law to arrest and detain Al Bashir. Al Bashir was, however, allowed to leave South Africa.

scholarly journals Tribalism: Thorny issue towards reconciliation in South Africa – A practical theological appraisal

2018 ◽  
Vol 74 (1) ◽  
Author(s):  
Elijah M. Baloyi
Keyword(s):  
South Africa ◽  
Ethnic Groups ◽  
South African ◽  
African Government ◽  
South Africans ◽  
Black South Africans ◽  
Theological Perspective ◽  
The Government ◽  
Apartheid Regime ◽  
Practical Theological

The apartheid regime used various strategies to ensure that South Africans formed a divided nation. It was through the differences between ethnic groups and tribes, among other things, that the government of the time managed to manipulate and entrench hatred and a lack of trust among most black South Africans. Tribalism, which existed even before apartheid, became instrumental in inflicting those divisions as perpetuated by the formation of homelands. The various ethnic groups had been turned against one other, and it had become a norm. Nepotism, which is part and parcel of the South African government, is just an extension of tribalism. It is the objective of this article to uncover how tribalism is still rearing its ugly head. From a practical theological perspective, it is important to deal with tribalism as a tool that plays a part in delaying tribal reconciliation, which was orchestrated by apartheid policies in South Africa.

scholarly journals Public Transportation in South Africa: Challenges and Opportunities

2016 ◽  
Vol 3 (3) ◽  
pp. 352 ◽  
Author(s):  
David P. Thomas
Keyword(s):  
South Africa ◽  
South African ◽  
Public Transportation ◽  
Transportation Policy ◽  
Policy Framework ◽  
Bus Rapid Transit ◽  
African Government ◽  
Transportation Projects ◽  
Challenges And Opportunities ◽  
The Government

<p><em>This article engages with several important questions regarding the state of public transportation in South Africa. It provides a brief description of the historical legacy of apartheid in relation to public transport, and the challenges this posed to the government after 1994. This is followed by a summary of the changing policy frameworks in the post-apartheid era, and an examination of the current policies, trajectories, and major transportation projects within the country. For example, this includes a more detailed discussion of major infrastructure projects such as the Gautrain and Bus Rapid Transit (BRT) in the form of Rea Vaya. Overall, the article argues that the South African government is struggling to build an inclusive public transportation infrastructure that addresses issues of poverty, access, and inequality. Finally, the article will conclude with a set of recommendations to build a more inclusive transportation policy framework for South Africa. </em></p>

Who is responsible for protecting my health during the COVID- 19 pandemic?

2021 ◽  
Author(s):  
Karlien Kallmeyer ◽  
Melvin A Ambele ◽  
Chrisna Durandt ◽  
Graeme Ford ◽  
Simone Grobbelaar ◽  
...  
Keyword(s):  
South Africa ◽  
South African ◽  
Fundamental Question ◽  
South African Government ◽  
Infected Person ◽  
The South ◽  
African Government ◽  
Global Pandemic ◽  
The Government ◽  
The Individual

Since the report of the first COVID-19 infected person in South Africa, COVID-19 moved from being a distant threat to a new reality overnight. Metaphorically, COVID-19 could be described as rain, and in order to be protected one would need to stand under an umbrella. The fundamental question that stems from this is who is holding this protective umbrella? Is the government holding the umbrella or are we holding the umbrella? In this article/commentary/perspective, we briefly discuss the responsibility of the South African government and the individual during this global pandemic, the reasoning behind the implementation of lockdown and the consequences thereof. We conclude that both government and citizens need to cooperatively take responsibility and work together to fight COVID-19. The protective umbrella needs to be held by both government and by ourselves.

scholarly journals 'South Africa is Not an Accused'

2017 ◽  
Vol 3 (1) ◽  
pp. 157-175
Author(s):  
Jerusha Asin
Keyword(s):  
South Africa ◽  
South African ◽  
International Criminal Court ◽  
International Criminal ◽  
Criminal Court ◽  
African Union ◽  
Judicial Decision ◽  
High Court ◽  
The Republic ◽  
The Government

There is a confrontation between the International Criminal Court (ICC) and state parties, and at this particular point in time, the Republic of South Africa, in connection with the arrest warrants issued by the Court for the President of Sudan in 2009 and 2010. Between 13 and 15 June 2015, President Omar al-Bashir was present on the territory of South Africa for purposes of attending the 25th Ordinary Session of the Assembly of the African Union. Despite judgments from both the ICC upholding the obligation of South African authorities to arrest and surrender President Bashir and parallel domestic proceedings at the South African High Court in which authorities were ordered to prevent the departure of President Bashir from South African territory pending final judicial decision on whether the Government was required to execute the ICC arrest warrants, President Bashir nevertheless departed from the Waterkloof military air base on 15 June 2015, even as Government lawyers assured the High Court in a hearing on the same date that he was still in the country. Only after his plane had safely landed in Khartoum did the same lawyers then notify the High Court that he had left South Africa. This article will analyze this case in the following lines.

scholarly journals The Impact Of Business Support Services To SMMEs In South Africa

2011 ◽  
Vol 10 (11) ◽  
pp. 101 ◽  
Author(s):  
Motshedisi S. Mathibe ◽  
Johan H. Van Zyl
Keyword(s):  
South Africa ◽  
South African ◽  
Support Services ◽  
Free State ◽  
South African Government ◽  
The South ◽  
African Government ◽  
Business Support ◽  
The Government ◽  
Support Programmes

Small Medium and Micro Enterprises in South Africa were operating in the era of the apartheid regime but were not given enough support and were not a priority in the government of those days. Before democratic transition, the South African government was mainly giving attention to large businesses as well as state-owned enterprises. It was only in the late 1970s and the early 1980s that the South African government realised the importance of the small enterprise sector and its contribution to the countrys economy. The democratic regime of the early 1990s gave SMMEs an opportunity to participate in the South African economy. A White Paper of 1995 introduced the strategy to promote and develop SMMEs in South Africa and to design an SMME policy framework that will focus its attention on supporting and developing SMMEs. The aim was to enable SMMEs to grow as a way of creating a balance in the economy (away from state-owned and large enterprises) As a result, different support mechanisms have been implemented to support and develop SMMEs in the country since the democratic government took over in 1994. This paper evaluates the business support programmes that have been implemented in South Africa since 1994, specifically in the Free State Province for the development and support of SMMEs. In this respect, the paper compares and evaluates the ability of the business support programmes that have been put in place to develop and support SMMEs in order to grow and become sustainable. This is done by means of a brief overview of the international business support services and an assessment of the South African SMME policy environment. The study also conducted five structured interviews with the management representative of the five different business support programmes in the Free State Province. Some of the key findings indicate that not many SMMEs are aware of business support programmes in the Free State and are even less informed as to where to access finances. At the same time, it was found that staff responsible for business support programmes appears to be incompetent, and therefore, deliver poor quality services. From this study it can be concluded that of all the programmes the government-driven initiatives to develop and support SMMEs struggle the most to become operational. The business support programmes focused on markets to some degree, but seldom made it an inherent requirement. This paper recommends that there should be monitoring and evaluation systems available to document the quality of the service delivery to SMMEs in the Province, and to train the staff of the business support programmes to deliver high-quality services to entrepreneurs. The study compared five business support programmes in the Free State with regards to developing and supporting SMMEs in the province. As a result, the value of the findings might well be considered in terms of future provincial planning documents and policy.

South Africa’s Exercise of Universal Jurisdiction

2014 ◽  
Vol 3 (1) ◽  
pp. 146-158
Author(s):  
Saidat Nakitto
Keyword(s):  
South Africa ◽  
International Law ◽  
South African ◽  
Criminal Court ◽  
Universal Jurisdiction ◽  
Crimes Against Humanity ◽  
Customary International Law ◽  
High Court ◽  
The Supreme Court ◽  
Court Of Appeal

On 27 November 2013 the Supreme Court of Appeal of South Africa affirmed the decision of the High Court that South Africa’s Implementation of the Rome Statute of the International Criminal Court Act 2002 (icc Act) empowered South African officials to initiate investigations into crimes against humanity committed in Zimbabwe in the absence of the perpetrators in South Africa. This decision was in response to the true interpretation of section 4(3)(c) of the icc Act providing for universal jurisdiction. This paper examines the judgment of this Court, arguing that though customary international law is silent on the requirement for presence of the perpetrators for initiation of investigation, the Court should have given proper examination of this section by taking into consideration of the previous presence of some of the perpetrators in South Africa after the alleged crimes were committed.

scholarly journals South Africa and its COVID-19 prohibition predilection

2020 ◽  
Vol 10 (3) ◽  
pp. 874-877
Author(s):  
Indrajit Banerjee ◽  
Jared Robinson ◽  
Brijesh Sathian ◽  
Edwin R Van Teijlingen
Keyword(s):  
South Africa ◽  
South African ◽  
Policy Reform ◽  
Daily Basis ◽  
South African Government ◽  
The South ◽  
African Government ◽  
Global Pandemic ◽  
Unique Method ◽  
The Government

The year 2020, will forever be marked by the Global pandemic, COVID-19. According to The Department of Health in South Africa until September 15, 2020 3,940,217 tests have been conducted. 651,521 positive cases have been identified, 583,126 recoveries have been reported and there has been a total of 15641 deaths. The South African government have introduced a range of parameters and laws in order to curb the spread of the virus whilst simultaneously endorsing programs to spearhead the preparedness of the healthcare system for the various waves of COVID-19 cases that have been forecast.  In conjunction with the new laws and regulations, the South African Government has exercised lockdown and restriction of movement policies. South Africa’s unique, multifaceted and strategic method of combatting the coronavirus has proven to be effective in using existing resources and redirecting both manpower and personnel, thus being of great benefit to all stakeholders and citizens within the country. The prohibition of alcohol is a unique method employed by the government, the full extent to which this policy reform has benefitted the country, its government and its citizens is yet to be fully calculated and projected as South Africa’s Coronavirus cases are still increasing on a daily basis. This policy reform will likely find itself becoming a popular trend with crisis management protocols of other countries if the long-term benefits thereof are proven to be true.

Cynicism and the Rule of Law: A Critical Analysis of President of the RSA V M&G Media Limited 2012 2 SA 50 (CC) and Associated Judgments

2017 ◽  
Vol 30 (2) ◽  
pp. 580-597
Author(s):  
Karthy Govender ◽  
Paul Swanepoel
Keyword(s):  
South Africa ◽  
South African ◽  
Rule Of Law ◽  
Current System ◽  
Criminal Court ◽  
The State ◽  
Access To Information ◽  
Discretionary Power ◽  
The Rule Of Law ◽  
The Government

In June 2015 the High Court granted an interim order prohibiting Sudanese President Omar al-Bashir from leaving South Africa. Although Al-Bashir is wanted by the International Criminal Court for war crimes and South Africa is a signatory to the Rome Statute and has passed the Implementation Act, the government failed to arrest him as required by an order of court. Short-term political considerations appear to have outweighed the need to respect the rule of law. Parallels can be drawn between this incident and the decision by the executive to refuse access to the Khampepe Report when requested to do so by the Mail and Guardian newspaper. The report was prepared at the request of former President Mbeki by two senior South African judges, after a visit to Zimbabwe shortly before the election held in that country in 2002. In an attempt to prevent disclosure, the executive approached various courts on six different occasions and drew out the process for more than six years. The main issue in this case is the use of section 80 of the Promotion of Access to Information Act by the courts, a discretionary power that is applied sparingly. In terms of PAIA, the state is prevented from making reference to the content of a record in order to support a claim of exemption. In such instances, section 80 provides courts with the power to inspect the record – a procedure known as a ‘judicial peek’ – in order to make a determination as to whether the exemption is justified. This case provides a clear example of how the state cynically used this provision as a dilatory tactic in refusing access to the report. The current system that relies solely on the courts to handle access to information matters undermines the main objectives of the Act and is inefficient and costly. It is recommended that PAIA be amended to provide for an information commissioner with powers to mediate and make binding decisions.

Access to Government Publications in South Africa

1977 ◽  
Vol 5 (2) ◽  
pp. 210-211
Author(s):  
L. Greenstein
Keyword(s):  
South Africa ◽  
South African ◽  
Government Printing ◽  
South African Government ◽  
The South ◽  
African Government ◽  
The Government

Here is a list of the government printing offices in South Africa. Many government departments also publish items and these documents are often only available from the department concerned. Publishing addresses for the new Southern African states and the semi-autonomous “Homelands” are not included, as it is very difficult to obtain materials from them and ascertain what has been published. The addresses of the main commercial publishers of South African statutory material including some commercial publishers who reproduce legislation under the South African Government Printer's copyright authority are listed and some examples of the type of material published by them are given in order to indicate their coverage.

scholarly journals Prisoner Transfer to South Africa: Some of the likely Challenges ahead

2017 ◽  
Vol 16 (3) ◽  
pp. 151
Author(s):  
Jamil D Mujuzi
Keyword(s):  
South Africa ◽  
South African ◽  
South African Government ◽  
The South ◽  
African Government ◽  
The Government

Official and unofficial reports indicate that the South African government is in the process of entering into prisoner transfer agreements or making prisoner transfer arrangements. This comes after many years of reluctance on the part of the government to sign a prisoner transfer agreement or enter into any prisoner transfer arrangement. The reason for this change of position is not clear. In this article the author demonstrates what he considers to be the factors behind this change and discusses the issues that South Africa is likely to grapple with when the process of transferring offenders to South Africa commences.

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