Academy of Science of South Africa (ASSAf): Open Journal Systems
Not a member yet
8651 research outputs found
Sort by
PUNISHING DOMESTIC HOUSEBREAKING
No full textHousebreaking is pre-eminently a crime of violation. From the earliest times the interest of a person in the safe and private habitation of his home has been treated reverently and regarded as deserving of special protection by the law. This is reflected in the original rationale for the crime, in its Common Law manifestation, as an offence against the habitation. Domestic housebreaking, consisting of the breaking and entry into a dwelling for the purposes of committing a crime within, is thus the classic form of the housebreaking crime, involving the violation of the dweller's sanctuary from external attack (for, as Coke has enquired, “where shall a man be safe if it be not in his house?”). The consequences of domestic housebreaking are not only (in the typical case) material loss, but a significant degree of psychological or emotional trauma. The victim has to contend with more than just the initial shock however. Research has indicated that feelings of fear and nervousness, along with changes in eating and sleeping patterns, may persist long after the housebreaking has taken place. Where the incident of housebreaking goes beyond simple transgression of property interests, with a concomitant infringement of the victim's territoriality, and results in a confrontation between housebreaker and victim, it follows that the resulting harm may be notably amplified.
It brooks no denial that housebreaking is a paradigmatic criminal act. This is reflected in its ubiquitous presence as a substantive offence in all jurisdictions based on English “Common Law”, usually as “burglary” or “breaking and entering”. Moreover, the conduct associated with housebreaking is criminalized in civil law jurisdictions, usually as either an aggravated form of the crime of theft or a trespass offence. Given the consensus that the conduct associated with the housebreaking crime is deserving of criminalization, this leads as a matter of course to the issue of punishment – what factors ought to be taken into account in determining the sentence of the convicted housebreaker
THE SEPARATION OF POWERS AND THE NON-DELEGATION DOCTRINE In re Constitutionality of the Mpumalanga Petitions Bills, 2000 2000 1 SA 447 (CC); 2001 11 BCLR 1126 (CC)
No full textThe modern concept of separation of powers was first introduced by Charles Louis de Secondat, Baron de la Bréde et de Montesquieu (1689-1755), in his well-known work L’Esprit des Loix (1748). Since then this concept has developed into a doctrine made up of four basic principles, one of which is the principle of separation of functions (the other three being: the principle of trias politica; the principle of separation of personnel; and the principle of checks and balances – see Van der Vyver “Separation of Powers” 1995 SAPL 177).The principle of separation of functions – which provides that each branch of state may only exercise those powers which have been entrusted to it – gives rise to many complex issues. One of these is the extent to which the legislative branch may validly delegate lawmaking powers to another body or person. This issue has been considered by the Constitutional Court on a number of occasions, most recently in the case In re Constitutionality of the Mpumalanga Petitions Bill, 2000 (2002 1 SA 447 (CC); 2001 11 BCLR 1126 (CC)).This judgment is particularly interesting because it deals not only with the type of legislative power which may be validly delegated to another body or person – which was the focus in the Constitutional Court’s previous judgments on the issue – but also with the sorts of bodies or persons to whom legislative power may be validly delegated.Besides dealing with the sorts of bodies or persons to whom legislative power may validly be delegated, the judgment also clarifies a number of issues relating to the referral of a bill to the Constitutional Court by the president (or a provincial premier) in terms of section 79 (or s 121) of the Constitution
THE INTERNATIONAL LEGAL RESPONSIBILITY OF A HOST STATE FOR THE DESTRUCTION OF FOREIGN INVESTMENT LOCATED IN ITS TERRITORY ICSID: Award, Individual Opinion and Declaration in American Manufacturing & Trading Incorporated v Republic of Zaire 36 ILM 1531 (19
No full textIn recent years on the international stage, it has become very common practice for developing countries, eager to attract the flow of private foreign direct investment capital into their economies, to conclude Bilateral Investment Treaties (BITs) with the developed capital-exporting countries. Recent studies have estimated that, since the 1980s, well in excess of 900 such treaties have been concluded. This note examines the international rights and duties of the contracting parties to one such treaty which was concluded between the United States of America and the then Republic of Zaire, now known as the Democratic Republic of Zaire. It discusses the nature of the international legal responsibility which Zaire as a host state owes foreign nationals and their corporations which invest in her territory under both customary and conventional international law. It is firmly concluded that host states such as the Republic of Zaire clearly act in breach of their international legal responsibilities when they fail to put in place the necessary measures and environment for the protection and security of foreign nationals, their investments, and properties located in the territory of the host state. The note further states that in this area of public inter-national law, it is generally agreed that there is an international minimum standard which applies and a host state cannot rely on its own municipal law and practice which falls below the standard of international law
War, Women and Post-conflict Empowerment: Lessons from Sierra Leone
No full textWar, Women and Post-conflict Empowerment: Lessons from Sierra Leone, edited by Josephine Beoku-Betts and Fredline A. M’Cormack-Hale uses an African Feminist theory to explicate how issues such as class, race, gender, religion, ethnicity, and heteronormativity intersect and are shaped by women in the African context, specifically in the war and post war contexts. The book offers conceptual frameworks embedded in “African centred gendered analysis” which privileges African lived realities and localised understandings of empowerment and development over dominant Western neoliberal conceptual frameworks. It does this by showcasing various womanhood and motherhood strategies used by women in Sierra Leone to end the 11-year Civil War (1991–2002). Equally so, the book divulges various ways women’s mass mobilisation has contributed to post-war Sierra Leone which saw the passage of landmark laws that protect women from patriarchal violations that predate the 11-year Civil War. 
Students’ perceptions of Computerised Adaptive Testing in higher education
Get PDFThe COVID-19 pandemic has forced higher education institutions (HEIs) to re-look at their assessment strategy as learning, development, and engagement move more fluidly into the online arena. The purpose of this research was to investigate students' academic and personal perceptions of computer adaptive testing (CAT) in higher education to understand students’ confidence in adopting CAT. Using a quantitative descriptive research design, an online questionnaire was administered to students at private and public HEIs in South Africa, with 600 respondents. The study found that the students were comfortable engaging in online learning and expressed positive perceptions of adopting CAT, with most respondents recommending it for implementation. Students believe that CAT allowed for more productive interaction with material which meets their needs and learning preferences without feeling overburdened. The findings of the study provide HEIs with valuable information on key managerial implications to ensure the successful adoption and implementation of CAT
Comparing the impact of two occupational therapy interventions on academic learning outcomes for children with Human Immunodeficiency Virus
Get PDFINTRODUCTION: The strong association between perinatal HIV infection and poor performance in academic learning is further challenged by various barriers to learning in the South African context of basic education. This study investigated the efficacy of a novel play-informed, caregiver-implemented, home-based intervention (PICIHBI) for improving academic learning in HIV-positive children METHODOLOGY: A single-blinded, randomised comparison group design was selected to compare PICHIBI with conventional one-on-one occupational therapy interventions. Children with HIV aged 5 to 8 years old on ART and their primary caregiver (N=23) were randomly allocated to an intervention group. The primary outcome of academic learning was measured using the Griffiths Mental Developmental Scales-Extended Revised and the short form Beery-Buktenica Visual Motor Integration test, 5th edition at baseline, mid (5 months) and post-intervention (after 10 months RESULTS: At baseline, the total sample (n=23) presented with below-average performance in all assessed academic learning outcomes. Between-group differences for all academic learning outcomes were not significant at mid or post-test assessment points. A statistically significant within-group change in visual motor integration was noted in the PICIHBI from baseline to mid-test (p=.019). In the conventional group, there were statistically significant changes in visual perception from baseline to mid (p=.001) and baseline to post-test (p=.009). The sub scale Performance in the conventional group improved significantly from baseline to mid-test (p=.027 CONCLUSION: While improvements were noted, children in both groups continued to present with academic learning concerns at post-test. These concerns motivate the need for continued monitoring and further investigation into the feasibility and effectiveness of occupational therapy interventions targeting the academic learning challenges of this population Implications for practice This paper adds to an emerging body of evidence aiming to demonstrate the effect of occupational therapy interventions on occupational outcomes for children with perinatal HIV infection. The paper presents a detailed overview of the conceptualisation of learning as an occupational outcome. The paper further presents consideration of the practical challenges linked to the implementation of, adherence to and sustainability of rehabilitation interventions in low to middle-income countries
Revisiting community engagement methods in the context of data science research and big data use in South Africa
No full textRevisiting how scientific research drives technological change: The Fifth Industrial Revolution
No full textMoll, Marwala, and Ntlatlapa highlight salient criticisms of terminologies and definitional uncertainties associated with the term ‘Fourth Industrial Revolution’ (4IR). Scientific research on technological change seems to suggest a need for theoretical synthesis to address a failure of 4IR notions to consider the central role of a revolution in the scientific/knowledge creation process itself – that is seemingly a causal driver of current technological and societal changes. The term ‘Fifth Industrial Revolution’ might helpfully be used to differentiate 4IR debates from those deriving from revolutionary changes in science itself that may underlie our current trajectory of technological change
