Academy of Science of South Africa (ASSAf): Open Journal Systems
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GESKIEDENIS VAN DIE MAN- LIKE EERSGEBOORTEREGSREëL IN DIE INHEEMSE REG DEEL II: ONLANGSE REGSPRAAK
No full textThis article explores the recognition of the male primogeniture rule in the customary law of succession. In the first of three parts, part one of the article traces the recognition of the rule in the various decisions of the Appeal Court of the Commissioners' courts. Part two deals with the constitutionality of the male primogeniture rule in terms of recent case law, whereafter the discussion is concluded in part three with an overview of the recommendations of the South African Law Reform Commission in this regard
THE INTERNATIONAL CRIMINAL COURT AND AFRICA: AN END TO ATROCITIES?
No full textIntentional killings, destruction and extermination of entire groups; widespread or systematic attack directed against civilians pursuant to state policy or that of other organisations; disregard for human rights; war crimes and acts of aggression, have ravaged the world in general and the continent of Africa in particular. The atrocities in Rwanda prompted UN Secretary-General Kofi Annan to conclude that “man’s capacity for evil knows no limits”. On 2 September 1998, the International Criminal Tribunal for Rwanda (ICTR) in The Prosecutor v Jean-Paul Akayesu (Case No CTR-9-4-T) found the accused guilty of genocide. The tribunal concluded that genocide was indeed committed in Rwanda in 1994 against the Tutsi as a group, and that the genocide appears to have been meticulously organised. Ethnic and religious tension continues to plague other parts of Africa, such as the Hutu/Tutsi conflict in Burundi and Christian/Muslim friction in Nigeria. Chad, Sudan, Uganda, Sierra Leone, Ivory Coast, the Democratic Republic of Congo (DRC) and the Central African Republic (CAR) have all been wracked with protracted civil wars.It is reported that the Congolese rebel leader Jeanne-Pierre Bemba is likely to be the first to be investigated for prosecution before the International Criminal Court.The situations in Angola and Liberia testify to atrocities which in international law can be classified as war crimes and crimes against humanity. According to a Business Day report Zimbabwean NGOs have threatened ICC action against the Zanu-PF elite.
The commission of grave atrocities on the continent has, however, not been limited to conflict situations. The terror under the rule of Amin and Obote of Uganda, Bokassa of the CAR, Habre of Chad, Mengistu of Ethiopia, Nguema of Equatorial Guinea, and Mobutu of the DRC illustrate that gross human rights violations in Africa have not necessarily only occurred during times of war.Also significant is the fact that the International Criminal Court (ICC) Statute includes apartheid (defined in a 7(2)(h) “as inhumane acts committed in the context of an institutionalised regime of systematic oppression and domination by one racial group over any other racial group or groups and committed with the intention of maintaining that regime”) as a category of crimes against humanity. In no other continent has the effect of apartheid been felt like in Africa. Until a little over a decade ago apartheid was institutionalised in South Africa
Evaluation of web-based online agricultural information relevant to Tanzanian maize producers
No full textThis study examined the quality of web-based online agricultural information relevant to the maize industry in Tanzania. Selected online sources were evaluated to assess the agricultural information available in terms of four dimensions of quality, namely: authority, completeness, timeliness, and understandability. The study identified a wide variety of web-based online information on maize production, including information on seeds, fertilisers, pesticides, and grain-handling. It was found that the information was of variable quality. Among the 39 online sites studied, several lacked contact information, had outdated content, and contained information that was missing some important details, and none provided weather information. This study contributes to the body of knowledge on online agricultural information in an African context where the agricultural sector is central to national economic development. The online agriculture information evaluation tool used in the study can potentially be of use, in its current form or adapted, to researchers beyond Tanzania
The Right to Freedom of Association and the Protection of Employees against Victimisation in the Workplace
No full textThis article deals with employees' right to freedom of association and their protection against victimisation when exercising this right in the workplace. First it explains the concepts of "freedom of association" and "victimisation". It then considers the protection of employees against victimisation for exercising the right to freedom of association internationally and domestically, however, only in the employment context. It considers the protection of the right to freedom of association in South Africa in terms of the Constitution and its regulation under various sections of the LRA. It also looks at limitations on the right to freedom of association and the remedies available to employees who experience victimisation because of exercising this right. It further considers the regulation of the right to freedom of association in the UK. It argues that although this right is well protected internationally and domestically, employees still experience victimisation as a result of exercising it. It further argues that the protection of this right and its exercise by employees is necessary to bring a balance to an uneven relationship between employers and employees in the workplace. It concludes that trade unions together with employers have a responsibility to ensure that employees exercise their constitutional right to freedom of association with no fear of victimisation
Deadly Air and the Misinterpretation of the Section 24 Environmental Right: The Groundwork Trust Case
No full textThe judgment in Trustees for the Time Being of the Groundwork Trust v Minister of Environmental Affairs rests on a finding that the right in section 24 of the Constitution consists of two separate rights in subsections (a) and (b), and that the right in section 24(a) is immediately realisable. I argue in this article that this approach is incorrect and that a logical and contextual interpretation of section 24 cannot justify the conclusion that the court reached. I argue that section 24(b) is a qualifying "internal modifier" to section 24(a), and that, in practical terms and due to the modifier in section 24(b), in many situations section 24 would have to be regarded as implementable over time, and not immediately. Such implementation would have to be reasonable. The article also considers the use of the National Environmental Management: Air Quality Act to address the unacceptable level of air pollution in the area known as the Highveld Priority Area
Constitutional Damages – a Stagnant or a Changing Landscape?
No full textSection 38 of the Constitution of the Republic of South Africa, 1996 provides for appropriate relief where a right in the Bill of Rights has been infringed. In Fose v Minister of Safety and Security 1997 3 SA 786 (CC) the Constitutional Court raised the question of "appropriate relief" with reference to section 7(4)(a) of the Constitution of the Republic of South Africa Act 200 of 1993. In the Fose case the plaintiff claimed "punitive constitutional damages" together with delictual damages. While the court did not rule out an award for damages for the infringement, it did not award constitutional damages in that instance, specifically because the plaintiff claimed "punitive constitutional damages". The Fose case has been followed by most of the cases heard in the years after Fose was decided. In most instances where constitutional damages were claimed the courts, following Fose, have not awarded constitutional damages where delictual damages were available. The rules relating to constitutional damages are casuistic and it is submitted that the principle of subsidiarity could form a foundational principle to solve the problem of casuistry in this regard
Smart City Regulation and Environmental Sustainability in the Context of Land Use Planning in Mauritius: A Critical Review
No full textA "smart city" involves planned urbanisation, a system which has been adopted in many countries involving tailor-made solutions to suit local challenges while making the most of local opportunities. Smart city initiatives started in Mauritius in 2015 after the "Smart City Scheme" (SCS) Regulations were issued the same year under the Investment Promotion Act (IPA). By 2021 there were twelve approved smart cities in the main island of Mauritius in different phases of completion, while other such projects are seeking approval.
While the smart city concept encourages the development of land into coordinated urban planning, it is mostly agricultural land in Mauritius which is being targeted for such real estate investment. The conversion of some lands belonging to large sugar companies for development into hotels and leisure facilities was part of the Mauritian government strategy to diversify the sugar industry after the dismantling of the African Caribbean Pacific-European Union (ACP-EU) Sugar Protocol. Since 2002 the IPA has enabled the development of luxury residential property in the Integrated Resort Scheme (IRS). As from 2007 the Real Estate Development Scheme (REDS) included not only the IRS but also the Real Estate Scheme (RES) and the Invest Hotel Scheme (IHS), which are smaller in size and more affordable. In 2015 Mauritian decision-makers came up with the "smart city" concept as a blueprint for coordinated urban planning with large-scale mixed-use developments involving smart technology and pioneering innovation. Regulatory approval for a "smart city" project includes a SCS certificate, a Land Conversion Permit where necessary, an environment impact assessment (EIA), a licence and a Building and Land Use Permit, all of which are issued via a fast-track procedure.
As a small island developing State (SIDS) Mauritius has limited land resources and it is important that the setting up of smart cities should be limited and environmentally sustainable. Setting up a smart city involves more than mere urbanisation and property development, and the plan must be carefully evaluated. This paper critically reviews the regulation of smart cities and smart city initiatives in the context of land use planning in Mauritius to consider the extent to which they are environmentally sustainable, and makes recommendations to improve their environmental sustainability
Performance in propitiatory reconciliation among the Nandi community
No full textPropitiation is part of what it means to be human. Traditionally, propitiation has been studied from a broad sociocultural perspective with little consideration of the performance processes at play. Among the Nandi community in Kenya, propitiatory offering reconciliation forms the core of restoration of inter-communities relationships. It defines and enriches their culture, but what is propitiatory offering reconciliation? How is it performed? Are there any steps followed in its execution? Is there a specific place of performance? In this article we provide a framework to understand the Nandi propitiatory reconciliation through a literary perspective. We expound on the steps followed: investigation, interrogation, and cleansing, and the three features of performance: that is, place of performance, actions and signs, formulaic expression, costumes, and audience. The data collection took place in Kabiyet and Kipkaren Wards in Nandi county and was collected through participatory observation, interviews, and questionnaires. The sample population was 30 adults between the ages of 45–90 years who were selected using purposive and snowball sampling techniques. The data collected on performance in propitiatory reconciliation rites was analysed by use of functionalism theory as expounded by Foley. We found that the stages of propitiatory reconciliation must be religiously adhered to for its effectiveness and that the success of its performance heavily depends on the participation of its performers and audience. This article also brings out performance in form of particular acts, singing, and chanting
Performance of leaf extract media in culturing mycorrhizal mushroom mycelium
No full textIn-vitro culture of mycorrhizal mushroom (MM) species in southern Africa remains largely unexplored, particularly using tree-derived media. In this study, a Julbernardia globiflora [(Benth.) Troupin] leaf infusion was tested for its ability to promote MM mycelial growth. Amanita loosii, Cantharellus miomboensis and Cantharellus heinemannianus isolates were incubated at a pH of 2, 3, 4, 5, 6 or 7 and at 25 °C in six leaf extract agar (LEA) infusion concentrations of 150, 175, 200, 225 or 250 grams of leaves/L distilled water, with potato dextrose agar (PDA) as a standard. We determined mycelium growth rates for all treatment combinations. Mycelium growth rate was found to be optimal at a pH between 4 and 6 in all leaf infusion concentrations tested. Significant (p<0.001) linear regressions of A. loosii and C. miomboensis were found for pH only (R2=0.837 and 0.8582, respectively) and a significant (p<0.001) regression was found for C. heinemannianus (R2=0.293). Amanita loosii and C. heinemannianus had faster (p<0.001) growth in PDA than in LEA, while C. miomboensis had similar growth rates in the two media. Growth characteristics observed were attributed to acid phosphatase mediated physiological processes in mycelium for the different MM species with an optimum pH of 4–6. MM mycelia were white, mycelia for A. loosii and C. miomboensis were loose and for C. heinemannianus were thin filaments. LEA proved to be a potential alternative medium for culturing MM species.
Significance:
A novel miombo tree extract medium was tested with three miombo mycorrhizal mushrooms.
Our findings show the new medium to be a possible alternative to, but not as viable as, potato dextrose agar.
The findings of this study widen the scope of use for the forest tree derived media and demonstrate the cultivability of miombo mycorrhizal mushroom species.
Our findings improve the possibility of enhancing food security through culturing and possibly cultivating the less explored African mycorrhizal mushrooms