A Brief Overview of the South African Legal Framework for Marine Pollution with Reference to Land-Based Marine Pollution

2021 ◽  
pp. 60-70
Author(s):  
Cliff Sibusiso Dlamini
Keyword(s):  
South African ◽  
Marine Pollution ◽  
Legal Framework ◽  
The South

An analysis of the right of Muslim adopted children to inherit from their deceased parents in terms of the law of succession: A South African case study

2021 ◽  
Vol 8 (2) ◽  
pp. 63-73
Author(s):  
Muneer Abduroaf
Keyword(s):  
South African ◽  
Islamic Law ◽  
Legal Framework ◽  
Adopted Children ◽  
The South ◽  
Legal Context ◽  
Muslim Children ◽  
The Status ◽  
The Right ◽  
Law Of Succession

This paper analyses the right of Muslim adopted children to inherit from their deceased parents in terms of the laws of succession within the South African legal context. The status of adoption in South African and Islamic law is looked at first by way of an introduction. This is followed by looking at the rights of adopted Muslim children to inherit from their deceased parents (biological and adoptive) in terms of the South African and Islamic laws of intestate (compulsory) and then testate (optional) succession.1 The paper further looks at the possibility of applying relevant Islamic law of succession provisions applicable to enable adopted Muslim children to inherit from the estate of their deceased biological parents within the South African legal framework. The paper concludes with an analysis of the findings and makes a recommendation.

scholarly journals “Ubuntu” I am because we are: COVID-19 and the legal framework for addressing communicable disease in the South African prison system

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Marie Claire Van Hout ◽  
Jakkie Wessels
Keyword(s):  
South Africa ◽  
Occupational Health ◽  
South African ◽  
Communicable Disease ◽  
Legal Framework ◽  
Prison System ◽  
Mitigation Measures ◽  
System Response ◽  
The South ◽  
Content Type

Purpose The purpose of the paper was to conduct a legal-realist assessment of the South African prison system response to COVID-19. Severely congested and ill-resourced prison systems in Africa face unprecedented challenges amplified by COVID-19. South Africa has recorded the highest COVID-19 positivity rate in Africa and, on March 15th 2020, declared a national state of disaster. The first prison system case was notified on April 6th 2020. Design/methodology/approach A legal-realist assessment of the South African prison system response to COVID-19 in the 12 months following initial case notification focused on the minimum State obligations to comply with human rights norms, and the extent to which human, health and occupational health rights of prisoners and staff were upheld during disaster measures. Findings A legal-realist account was developed, which revealed the indeterminate nature of application of South African COVID-19 government directives, ill-resourced COVID-19 mitigation measures, alarming occupational health and prison conditions and inadequate standards of health care in prisons when evaluated against the rule of law during State declaration of disaster. Originality/value This legal-realist assessment is original by virtue of its unique evaluation of the South African prison system approach to tackling COVID-19. It acknowledged State efforts, policymaking processes and outcomes and how these operated within the prison system itself. By moving beyond the deleterious impacts of the COVID-19 pandemic on the already precarious South African prison system, the authors argue for rights assurance for those who live and work in its prisons, improved infrastructure and greater substantive equality of all deprived of their liberty in South Africa.

scholarly journals Lessons from UNCITRAL for Reforming the South African Legal Framework Concerning Security Rights in Movable Property

2022 ◽  
Vol 25 ◽  
pp. 1-32
Author(s):  
Michel Marlize Koekemoer ◽  
Reghard Brits
Keyword(s):  
South African ◽  
Best Practice ◽  
Legal Framework ◽  
Third Parties ◽  
Law Reform ◽  
Soft Law ◽  
The South ◽  
Secured Transactions

This article analyses the South African legal framework governing security rights in movable property with the view to inspire law reform. The analysis is based on a comparison of the current South African framework with the UNCITRAL Legislative Guide on Secured Transactions, a soft-law instrument containing international best practice. The problematic aspects of the South African framework benchmarked against the UNCITRAL Guide are: (1) not having a common legal framework that equally applies to all types of (including quasi-) real security transactions; (2) the scope of the current framework not being comprehensive (inclusive) enough; (3) not having an efficient enough method of creating the security right; (4) the current publicity method, particularly concerning special notarial bonds, being overly cumbersome and not providing effective public notice to third parties; and (5) the current enforcement measures potentially not being the most efficient. Regarding each of these problem areas, the article makes proposals on how the South African legislature could reform the current framework into one that is legally efficient and in step with international best practice.

scholarly journals THE DISTINCTIVENESS AND INTERRELATEDNESS OF THE PRIVILEGES AND IMMUNITIES OF PARLIAMENT: A COMPARISON OF THE NAMIBIAN AND SOUTH AFRICAN JURISDICTIONS

Obiter ◽  
2018 ◽  
Vol 39 (3) ◽  
Author(s):  
Mbuzeni Johnson Mathenjwa ◽  
Lindelwa Mhlongo
Keyword(s):  
South African ◽  
Legal Framework ◽  
The South ◽  
The Law

The terms “privileges” and “immunities” in relation to parliament are used interchangeably in the literature. A comparison of the privileges and immunities of parliament in the Namibian and the South African jurisdictions has shown that these are distinctive but interrelated. Major dissimilarities in Namibian and South African law in this regard are discernible. In the Namibian system, certain weaknesses are identified in the legal framework for the privileges and immunities of parliament. Recommendations are made based on these identified gaps with a view to improving the law relating to the privileges and immunities of parliament.

scholarly journals Le Roux v Dey and Children's Rights Approaches to Judging

2018 ◽  
Vol 21 ◽  
pp. 1-27
Author(s):  
Meda Couzens
Keyword(s):  
South African ◽  
Children's Rights ◽  
Legal Framework ◽  
Children’S Rights ◽  
The South ◽  
Majority Decision ◽  
Stark Contrast ◽  
Made In

The South African jurisprudence on the rights of children is vibrant and generally progressive, and is supported by an enabling constitutional and statutory framework. The majority decision in Le Roux v Dey 2011 3 SA 274 (CC), however, ignores the rights of children, and this is in stark contrast to some of the minority judgments in the same case. This contrast is surprising, considering that all of the judges applied the same legal framework. With reference to an emerging interest in defining children's rights approaches to judging, this article critically analyses the majority and minority judgments, and establishes their vulnerabilities and strengths as children's rights judgments. In the process, suggestions are made in relation to defining a children's rights approach to judging.

scholarly journals Towards An Effective Legal And Regulatory Framework for Public-Private Partnerships in Malaysia: Lessons From the South African Experience

2015 ◽  
Vol 23 (2) ◽  
Author(s):  
Mubarak T Adekilekun ◽  
C. C. Gan
Keyword(s):  
Private Sector ◽  
South African ◽  
Institutional Environment ◽  
Private Investment ◽  
Legal Framework ◽  
The South ◽  
Legal Regime ◽  
Investment Returns ◽  
The Government ◽  
Private Investors

In order to ensure a sustained cooperation with both the local and international private investors in Malaysia especially in the provision of public infrastructure, the government needs to develop very strong legal and regulatory capabilities which will help in providing stable institutional environment for private investment. At the same time, there is the need for commitment on the part of government to the regulatory rules so that they are perceived as credible by investors. Where the legal regime is weak or non-existent, private investment decisions will be adversely affected. No doubt, South Africa has developed one of the best legal and regulatory regimes for efficient procurement systems in the world and the project pipelines have greatly increased in recent times. This article therefore, examines the existing legal framework for Public-Private Partnership procurement in Malaysia and draws lessons from the South African legal regime. The article finally argues that for Malaysia to continue to attract and expand its investment atmosphere for the private sector there is the need for a clear and transparent legal and regulatory procurement framework which can seriously help in building confidence in the private sector and also guarantee their investment returns.

scholarly journals A CRITICAL ANALYSIS OF SELECTED ASPECTS OF THE SOUTH AFRICAN LEGAL FRAMEWORK PERTAINING TO CHILDREN LIVING IN PRISON WITH THEIR MOTHERS – WITH BRIEF COMPARATIVE COMMENTS

Obiter ◽  
2021 ◽  
Vol 34 (3) ◽  
Author(s):  
Meda Couzens ◽  
Nicole Mazoue
Keyword(s):  
South African ◽  
Western Australia ◽  
Critical Analysis ◽  
Legal Framework ◽  
Comparative Assessment ◽  
Incarcerated Mothers ◽  
The South

This article contains a critical analysis of the South African legal framework applicable to children living in prison with their mothers. It focuses on aspects which the authors believe to be problematic in the legal framework, namely the procedure for the admission of children in prison with their mothers, the separation of children from their incarcerated mothers and the gender implications of the legal framework.Recommendations for improving the current legal framework are made based on a comparative assessment of the South African framework against the relevant policies in England and Western Australia.

scholarly journals An Analysis of the Right of a Muslim Child Born Out of Wedlock to Inherit from His or Her Deceased Parent in terms of the Law of Succession: A South African Case Study

Obiter ◽  
2021 ◽  
Vol 42 (1) ◽  
pp. 126-135
Author(s):  
Muneer Abduroaf
Keyword(s):  
South African ◽  
Islamic Law ◽  
Legal Framework ◽  
The South ◽  
The Status ◽  
African Context ◽  
The Law ◽  
The Right ◽  
Law Of Succession

This article analyses the right of a Muslim child born out of wedlock to inherit from his or her deceased parent in terms of the law of succession within the South African context. The status of the child in the South African and Islamic law of intestate succession is first investigated. Thereafter, the status of the child in the South African and Islamic law of testate succession is discussed. The article further looks at the possibility of applying the Islamic law of succession provisions concerning a Muslim child born out of wedlock to the distribution of a deceased estate within the South African legal framework. The article concludes with an analysis of the findings and makes recommendations.

scholarly journals Editorial

2017 ◽  
Vol 17 (1) ◽  
pp. 1
Author(s):  
Christa Rautenbach
Keyword(s):  
South Africa ◽  
South African ◽  
Outer Space ◽  
State Intervention ◽  
Legal Framework ◽  
The South ◽  
African Countries ◽  
Space Tourism ◽  
Legal Challenges ◽  
The Mind

EditorialThe first 11 articles in the first issue of 2014 deal with global legal topics ranging from outer space to domestic South African matters and legal challenges in other African countries, such as Uganda, Nigeria and Zimbabwe. Anél Ferreira-Snyman discusses legal challenges relating to the commercial use of outer space, with specific reference to space tourism. She points out that the current legal framework is outdated and no longer deals adequately with the rapidly developing space tourism industry. Further away from the moon, although it deals with creations of the mind and is just as mysterious for the average person, is the contribution of André van der Walt and Richard Shay, which analyses the South African Constitutional Court's treatment of intellectual property. They focus on the methodology that the Court has formulated to assess if state interference complies with constitutional provisions to determine if state intervention into property interests has been legitimate. The third contribution, by Joel Baloyi, also deals with a creation of the mind, namely copyright. He attempts through a comparative analysis to demystify the role of copyright as a tool for economic development in Africa and criticises the stifling effect the transferability principle has on the effectiveness of copyright in certain African countries. Bradley Slade discusses the differences between the concepts "public purpose" and "public interest" in the context of third party transfers as a result of property being expropriated for the realisation of public purposes in the fourth contribution. The influence of the Constitution of South Africa, 1996 on organ transplants is the topic of the fifth contribution, by Debbie Labuschagne and Pieter Carstens. They come to the conclusion that the South African government has failed to provide an effective legal framework to relieve the shortage of human organs available for transplantation. Sixthly, Lize Mills discusses recently proposed regulations prohibiting the advertising and promotion of infant formulae and other products marketed as being suitable for infants or young children with the purpose of promoting breast-feeding. The last five articles move further afield and deal with legal issues elsewhere in Africa. Dana van der Merwe gives a comparative overview of the relationship between digital information in certain legal fields in South Africa and Uganda. Nazreen Shaik-Premanov examines Zimbabwe's Marange conflict diamond situation and Lovemore Chiduza analyses the Zimbabwean constitutional provisions on judicial independence. Peter Obutte scrutinises ICT laws in Nigeria and the last two authors, Serges Kamga and Ogechukwu Ajoku, reflect on addressing human rights violations by extractive industries in both South Africa and Nigeria.Four notes are also published in this issue. The first one is an overview article by Christa Rautenbach dealing with the modern-day impact of cultural and religious diversity as reflected in the book on "Managing Family Justice in Diverse Societies". The other four notes are case discussions. The first one is a discussion of the case of Government of the Republic of Zimbabwe v Louis Karel Fick by Erika de Wet. The second one is a discussion of the case of Le Sueur v eThekwini Municipality by Warren Freedman, and the last one is a discussion of the case of Apollo Tyres v South Africa (Pty) Ltd v CCMA by Shamier Ebrahim.Editor: Prof C Rautenbach 

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