Academy of Science of South Africa (ASSAf): Open Journal Systems
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A review of the book Kasinomic Revolution: The rise of African Informal Economies. Written by GG Alcock
Full text linkThe author restates the need for Afrocentric systems such as building modern villages to accommodate Africa’s uniqueness. He condemns the practices of marginalising the informal economy as it contributes to countries’ Gross Domestic Production (GDP). GG alludes that jobs are now beyond the conventional “8 to 5 job with a payslip” and that communities of ordinary people should not be treated as “breeding grounds for employees”. Moreover, he highlights that the colonial and Western systems are unjust to the masses in developing countries. Africa needs no “bicycle lanes but hawker lanes” where they can trade closer to their clientele without being fearful of municipalities chasing them
An Appraisal of the Requirements for the Validity of a Customary Marriage in South Africa, Before and After the Recognition of Customary Marriages Act 120 of 1998
No full textThis article appraises the requirements for the validity of a customary marriage. It peruses two eras separated by a statute called the Recognition of Customary Marriages Act 120 of 1998 (RCMA). Prior to delving into what the requirements for validity before the RCMA were, the article differentiates between peremptory and directory provisions. These terms are usually applied in interpreting statutes. They also find application in determining the requirements of the validity of customary law. The era before the RCMA lists essential requirements for a valid customary marriage. The gist of these requirements is as follows: consent of the bride and bridegroom (spouses), consent of the bride’s father or guardian (parents), payment of lobolo, the handing over of the bride and the absence of a civil marriage by either spouse. If any of these requirements were not met, there was no valid customary union. The RCMA added more requirements which seem to address formal and customary law requirements. Both prospective spouses need to be 18 years or older, with certain exceptions, and must consent to getting married in terms of customary law. These requirements are peremptory. The customary law requirements relate to the negotiation and celebration of such a marriage. These requirements remain essential. Unlike formal requirements, these requirements allow indigenous African people a certain latitude. As a result, they are directory. This article further deliberates on certain issues regarding the requirements of customary marriages that became contentious. This includes the delivery of lobolo, the handing over of the bride, polygamous and dual marriages, and the registration of customary marriages. In conclusion, it is shown that customary law is a rapidly growing independent source of law. The requirements for validity must be comprehended with this flexibility in mind and should not unnecessarily be held as being static
The First Magistrates of Potchefstroom
No full textAlthough the history of Potchefstroom has been studied extensively already, not much is known about the early judicial officials appointed there. This contribution in honour of Professor Willemien du Plessis upon her retirement attempts to remedy this by taking a closer look at the various individuals appointed as the magistrates for Potchefstroom in chronological order from 1839 to 1862. The scope of this contribution does not allow for an in-depth discussion of each magistrate. Instead, the focus of this study is to determine who the first appointees were and to establish the starting and ending dates of each magistrate's term in office. Where possible, the discussion also includes some personal information and anecdotes about each individual magistrate in order to distinguish them from their predecessors and successors to give the reader a better idea of the personality behind the name. Important judicial (or political) events that took place during each individual's term in office are also highlighted
Lessons for Nigeria from the Experience of South Africa in Managing the Challenges of Transfer of Title and Administration of Fragmented Property Schemes
No full textA "fragmented property" or "multiple unit" property is one in which several persons have ownership or title interest in sections or parts of a single property scheme. The title interest could be in a block of flats/apartments or maisonettes in a building, and a building in a group of buildings, or townhouse(s), and fully detached houses in a complex or estate. Without clear rules regulating the nature and scope of title, the use of individual units in the scheme, and the conduct and inter-personal relations of the parties involved, incessant litigation or self-help remediation is likely to be common.
In Nigeria the first fragmented property scheme was established by the government in 1959 to provide accommodation for senior public servants. Several others have followed, and the establishment of housing estates is no longer restricted to the government. However, the intractable problem with schemes in Nigeria is that there is a lack of a specific legal framework to address the provision of an unimpeachable title to buyers, and for the administration of schemes for the benefit of all parties. There is therefore a need to address the problems associated with the transfer of title and the administration of fragmented property schemes. Doing so is the objective of this article.
To achieve that objective, the legal framework applicable to fragmented property schemes in South Africa is critically considered with a view to learn from the experience of the country's robust legislation developed by caselaw, in addition to academic opinions over a period exceeding half a century. Recommendations to deal with the challenges in Nigeria regarding the issues of transfer of title and management of fragmented property schemes are proposed
The Impact of Environmental Regulation on the Investment Climate
No full textIn this contribution to honour Willemien du Plessis we use the economic approach to law to explain how environmental law affects economic development and vice-versa. The contribution starts by presenting the Environmental Kuznets Curve that makes clear that environmental regulation should not retard economic development but that, on the contrary, environmental protection and economic growth can go hand-in-hand, provided there is environmental regulation. The contribution further discusses the idea of competition between legal orders and how this affects environmental law, and to this end both the race to the bottom as well as the race-to-the-top are discussed. Finally, attention is paid to the role of environmental law in economic development
Vincent Clifford Moran (1937–2023): Internationally recognised entomologist and committed administrator
No full textUnpacking the NHI Bill recently passed by parliament in May 2023: Implications for oral health
No full textFor many decades the literature has regularly reported that there is a discrepancy between what is taught in dental school and what is practised, especially in the field of removable partial dentures. Not only that, but for more than 60 years reports from around the world have shown that, usually, the majority of clinicians abdicate their responsibility to design a removable partial denture (RPD) and instead leave this to the dental technician, who has no knowledge of the clinical condition of the patient and works only from a cast. Most patients around the world who require RPDs to improve aesthetics and chewing can only afford a removable prosthesis simply because the majority are poor. But RPDs can improve these aspects and contribute to an improved quality of life