Academy of Science of South Africa (ASSAf): Open Journal Systems
Not a member yet
8651 research outputs found
Sort by
WHAT CONSTITUTES INDECENT ASSAULT? S v Kock 2003 2 SACR 5 (SCA)
No full textThe relevant facts in this case are that K, the appellant, a 27-year-old music teacher was arrested on 18 January 2002 and, pending further investigation, was placed in detention. He had been suspected of having committed acts of indecent assault on boys under the age of 16 years. The magistrate refused an application for his release on bail. After unsuccessfuly appealing to the Johannesburg High Court, K, with leave of the court a quo, successfully appealed to the Supreme Court of Appeal (SCA).
Indecent assault on a person under the age of 16 years is included in Schedule 5. The State failed to present evidence of the arrest of K on specific charges and no formal charge-sheet which contained relevant detailed information on the charges had been drawn up. Furthermore, the State refused K's legal representative access to the docket. The reason provided for this refusal being that it would prejudice the continuing investigation. In his judgment on behalf of the court, Heher AJA observed that the State should have presented evidence in justification of its reliance on section 60(11)(b). This could have been done by the production of a certificate in terms of section 60(11A)(c). Notwithstanding the fact that Heher AJA did not rule out the possibility that the High Court in Prokureur-Generaal, Vrystaat v Ramokhosi (1997 1 SACR 127 (O) 156) might have been correct in finding that section 60(11) is only applicable if the detainee is accused of “'n definitiewe, omlynde en verstaanbare misdaad”, he assumed that “the State had done enough to bring the matter within the terms of the section”.According to the (second- or third-hand) information placed before the court it would appear that the acts complained of by the state witness boiled down to “grooming” which comprises “acts designed to prepare participants for a more adventurous stage of sexual exploration”. This includes the showing of pornographic videos, indulging in suggestive games with boys, non-erotic massaging of the bodies of the boys with oil or cream and sharing a bed with them at night (10). In her judgment the magistrate proceeded from the following definition of indecent assault:“Indecent assault is not only an offence where the accused has to touch the private parts of the children or otherwise but also any immoral or indecent act which is in its nature or circumstances indecent or immoral” (quotation and emphasis by Heher AJA (10))
“If it is circulating widely on social media, then it is likely to be fake news”: Reception of, and motivations for sharing, COVID-19-related fake news among university-educated Nigerians
No full textThis study explores how university-educated Nigerians living in two urban centres engaged with, and made choices about whether to share or not share, “fake news” on COVID-19 in 2020.The research adopted a qualitative approach by conducting focus group interviews with participants, all university graduates aged 25 or older, sampled from Lagos and Umuahia—two major metropolitan cities in Nigeria. Participants’ sense-making practices with regard to fake news on COVID-19 were varied. One core finding was that social media virality was typically seen as being synonymous with fake news due to the dramatic, exaggerated, and sometimes illogical nature of such information. Many participants demonstrated a high level of literacy in spotting fake news. Among those who said that they sometimes shared fake news on COVID-19, one motivation was to warn of the dangers of fake news by making it clear, while sharing, that the information was false. Other participants said that they shared news without being certain of its veracity, because of a general concern about the virus, and some participants shared news if it was at least partially true, provided that the news aimed to raise awareness of the dangers of COVID-19. However, some participants deliberately shared fake news on COVID-19 and did so because of a financial motivation. Those who sought to avoid sharing fake news on COVID-19 did so to avoid causing harm. The study provides insights into the reception of, and practices in engaging with, health-related fake news within a university-educated Nigerian demographic
Mapping the Common Law Development of Physician- Administered Euthanasia and Physician-Assisted Suicide against the Background of the Application of the Bill of Rights
No full textThe Pretoria High Court is considering whether to recognise a right to physician-assisted death. This is a right to request a physician to administer a lethal prescription which a terminally ill patient can use to end their lives or to be allowed to obtain a lethal prescription which they will self-administer. In deciding the matter, the court will have to determine whether it should remove the common law prohibition on both ways of bringing about a quick and painless death. The question that will have to be answered is whether the common law prohibition is consistent with the Constitution. If it is not, the court will either develop the common law or leave it to Parliament to remove the inconsistency. However, before the court can begin this work it would have to decide on the correct approach to the application of the Bill of Rights to the common law principles of murder and culpable homicide. In effect it would have to decide how sections 8(1), 8(3) and or section 39(2) of the Constitution apply to the dispute.
This research explores how these operational provisions should apply when assessing the constitutionality of the right to physician-assisted death. In effect it argues that during this process the court must always have regard to section 39(2), irrespective of whether there is a direct application or an indirect application of the Bill of Rights to the common law. Its application arises under section 8(1), where the court is asked to declare the common law invalid on the basis of being in direct violation of a constitutional right. It also applies in situations where the court is asked to develop the common law under section 8(3). Lastly, it is applicable where the common law is challenged for being in indirect conflict with the spirit, purport and object of the Constitution. Having established the role of section 39(2) in both the direct and indirect application of the Bill of Rights, the paper concludes by critically analysing the remedies that attend each of the operational provisions in relation to the common law prohibition on physician-assisted death
Transformative Legal History and the (Re)Classification of the South African Law of Delict
No full textThe South African law of delict is traditionally classified as a private-law discipline. This classification is usually made with reference to the actor, power and interest theories. According to the actor theory, private law regulates disputes between non-state actors inter se while public law regulates disputes involving the state. The power theory maintains that private law regulates disputes between equals while public law brings equality where inequality exists. The interest theory dictates that there are some interests that are individualistic (where private law steps in) while other interests belong to the public at large (the playing field of public law). In this article honouring Prof Willemien du Plessis's contribution to legal history it is argued that none of the above traditional theories of classification can be used effectively to classify the South African law of delict as a purely private-law discipline. Instead, our law of delict fulfils a hybrid role, straddling public and private law, with much transformative potential. Actor theorists fail to account for the fact that the South African law of delict today regulates disputes between non-state actors inter see as well as the law on state liability. The power theory crumbles in the South African law of delict's private-law classification because oftentimes one of the strong reasons invoked to impose liability on a wrongdoer is that wrongdoer's position of relative power over the victim. The interest theory sheds doubtful light on the classification of the South African law of delict because it is difficult to justify how individual-rights infringements are either purely private or public. In the end, relaxing the absoluteness of the claim that the South African law of delict exclusively falls in the domain of private law could assist us in recognising the role that delict could play in transforming South African society in line with constitutional aspirations, fostering the responsible use of power, and working towards the collective wellbeing of our society
Environmental Governance, Hollow Environmentalism, and Adjudication in South Africa
No full textIn this paper my thought experiment leads me to posit that South Africa's environmental governance often results in what I term "hollow environmentalism". This term describes the inevitable long-term outcome of promulgating laws and policies that are idealistic and seem symbolic and that at times fail to achieve their intended objectives or environmental promise. On a narrower scale, hollow environmentalism can also manifest when such symbolic environmental laws and policies lead to judicial decisions that lack substantive ecological justifications, perhaps even resembling symbolic judgments. I substantiate this argument through four key considerations. I commence with a reality check on environmental governance, emphasising that the state is not a neutral actor, necessitating closer scrutiny of state decisions. This leads me to the conclusion that governance stands at a critical juncture. I argue that the symbolic nature of our environmental laws, broadly speaking, often makes it challenging for the state to fully meet the lofty ideals it presents, thereby also complicating court decisions in these matters. Next, I align my thoughts with recent literature on adjudication in the context of the climate crisis. This literature stresses the need for courts to be bold and innovative in their judicial roles, given the precarious nature of stabilising environmental disputes. In the penultimate section I bring the discussion to a close by suggesting two interconnected possibilities to address hollowness in the face of climate change: "sunsetting" and "substitution"
South African Environmental Law and Political Accountability: Local Councils in the Spotlight
No full textThe world is facing an environmental crisis threatening human and non-human existence. Various actors are responding to this crisis, including politicians, international non-governmental organisations, transnational organisations and scientific communities. Municipalities are governing entities in cities and are deemed critical actors to help respond at a sub-national level to the global environmental crisis. In terms of sections 151(2) and 156(1) of the Constitution of the Republic of South Africa, 1996 (the Constitution) municipal councils have executive and legislative authority over local environmental governance (LEG) matters listed in Schedules 4B and 5B of the Constitution, thus making municipal councils the highest South African authority with legal and political powers in local communities. This article uses the constitutions, policies, and manifestos of political parties active in the local government sphere to ascertain the role of political parties in (local) environmental governance. The aim of this inquiry is to investigate how political parties in South Africa conceive of their accountability in the environmental governance context. The assumption is that unless councillors are politically inclined and are expressly expected at party level to pursue ecologically sustainable development, municipalities will not be able to fulfill their role in the urgently needed transition. The article finds that municipal councils are accountable for environmental governance and should improve on thisnresponsibility. The accountability should start with parties making explicit environmental commitments and holding their councillors accountable for failing to fulfil them
Gospel Àpàlà music in African Christian worship: Thematic and stylistic analysis
No full textMusic is an indispensable tool of cultural transmission. Considering the vast nature of oral traditions, of which indigenous music is encapsulated, many studies on Nigerian indigenous music have concentrated on Jùjú, Ìjálá, Dadakúàdà, Ẹ̀sà, and Àpàlà. However, much research still needs to be done on Gospel Àpàlà, a variant of Traditional Àpàlà which was popularised by Hárúnà Ìshọ̀lá and Àyìnlá Ọmọwúrà, noted for its highly proverbial folklore, blended with percussive instruments of which dùndún drum and ṣẹ̀kẹ̀rẹ̀ play leading roles to give aesthetic appeal. In this research, therefore, I investigate and document Gospel Àpàlà as it translates from traditional Àpàlà into praise and worship of God, in order to identify and describe its unique style and communicative functions, especially in these changing times of modernisation and globalisation. Drawing on systemic functional linguistics and sociology of literature, in this article I provide an analysis and interpretation of six Àpàlà Gospel songs from three Àpàlà Gospel artistes: Ṣadé Ọ̀ṣọbà, Yọ̀mí Ọlábísí, and Boiz Ọlọ́run. I portray the relevance of Àpàlà music both in Christian worship and events and gathering. Themes in Àpàlà Gospel include praises, thanksgiving and adoration to God, salvation/acknowledging Jesus, God’s greatness and miracles, forgiveness, unity, holiness, heaven, love among brethren, commitment, and dedication to God’s work. My findings reveal, among others, that Gospel Àpàlà music encapsulates indigenous knowledge contained in oral literature. I identify stylistic devices such as repetition, rhetorical question, personification, loan words, code-mixing/code-switching, and proverbs which garnish the metamorphosed music and conclude that Àpàlà has metamorphosed from traditional Àpàlà into Gospel Christian worship
Oral performance as substitute for ritual: Ekutet, a Teso exhumation ceremony
No full textAmong the Teso of Western Kenya, Ekutet (the exhumation ceremony) has for centuries been practised to treat physical, mental, and/or emotional problems. A family’s, or the community’s, persistent misfortunes such as frequent deaths, illnesses, accidents, or unexplained feuds and such other grief causing occurrences may be attributed to an unhappy dead member of the family or community. To correct the situation and bring life back to normal, the unhappy dead member’s bones are exhumed, either for reburial or display in a sacred place. Notably, the ritual is performed to the accompaniment of oral performances, rendered as narrations, incantations, swearing, prayer chants, and occasional re-enactments of attendant dramatic anecdotes. This article is written against the backdrop of the realisation that the Ekutet ritual itself appears to be diminishing, which then raises a pertinent question: What replaces, or has replaced, the role that this highly psychological ritual has usually played in the lives of the Teso people? I interviewed members of the community, while analysing the oral performances incorporated in this socio-cultural cum spiritual endeavour. Due to the fact that the actual ritual has become quite rare, people apparently try to keep it alive by revisiting the memory of the ritual, which they do through re-enactments and mock exhumations. This then also draws attention to the role of memory, narration, and re-enactment in either the resuscitation of, or the reliving of, diminishing ritual practices
Occurrence, quantification and removal of triclosan in wastewater of Umbogintwini Industrial Complex in KwaMakhutha, South Africa
No full textWe report on the detection of an organic pollutant mostly found in local streams and wastewater treatment plants, specifically on triclosan detected in the Umbogintwini Industrial Complex (UIC), located on the south coast of Durban, KwaZulu-Natal in South Africa. Triclosan was successfully extracted from effluent samples using molecularly imprinted membrane adsorbents (MIMs) before quantification and removal using high-performance liquid chromatography (HPLC). This was done through fabrication of a polyvinylidene fluoride polymer using selective microparticles and molecularly imprinted polymers by means of phase inversion and an immersion precipitation method which results in enhanced hydrophilicity and membrane performance. The optimisation of experimental parameters – i.e. contact time and sample size – was performed through different stages of analysis. The synthesised MIMs exhibited an outstanding adsorption efficiency of 97% for triclosan in relation to those of non-imprinted membranes (NIMs) and pristine membranes at 92% and 88%, respectively. The analytical method employed had limits of detection and quantification of 0.21 and 0.69 parts per billion (ppb or μg/L) in wastewater effluent, respectively. The obtained efficiency results show great potential for future use of membrane and molecular imprinting technology, and that MIMs can be adopted as adsorbents for water treatment. The fast and highly selective methodology presented in this work could also be employed for the examination of persistent organic pollutants in the future to combat water scarcity in South Africa.
Significance:
The key finding of this work is the incorporation of molecularly imprinted polymers with a membrane adsorbent to improve the performance of the membrane. An unexpected finding was the existence of pollutants like triclosan in water within the boundaries of the KwaMakhutha community, near the human settlement. Among the MIMs, NIMs and bare membranes, higher removal efficiencies were displayed by the synthesised MIMs against the discovered pollutants. This work could open doors for advanced research in the community
SNP-based marker-assisted selection for high provitamin A content in African cassava genetic background
No full textVitamin A deficiency (VAD) contributes to significant levels of mortality and morbidity, particularly among children and women in Africa. Cassava is a major staple crop whose biofortification with betacarotene can contribute to reducing the VAD prevalence in a cost-effective and sustainable approach. Developing high provitamin A content (pVAC) cassava varieties through the conventional approach is a laborious and slow process, partly due to the breeding bottlenecks caused by the biology of the crop. To complement the phenotypic screening for pVAC and increase selection efficiency as well as accuracy, we employed four Kompetitive Allele-Specific PCR (KASP) assays to predict the level of carotenoids in a cassava population developed from open-pollinated crosses. There was significant correlation (r= 0.88) between total carotenoid content (TCC) and root tissue colour score in the study population. Marker S1_24155522 at the phytoene synthase gene explained most of the phenotypic variation in TCC and root colour (R2= 0.37 and 0.55, respectively) among the genotypes evaluated in this study. The other markers did not individually account for much phenotypic variation in the trait in our study population. Three genotypes – namely UIC-17-679, UIC-17-1713, and UIC-17-2823 – had higher TCCs, ranging from 10.07 μg/g to 10.88 μg/g, than the national yellow check variety IITA-IBA-TMS070593 (9.20 μg/g). Marker PSY572/S124155522 is therefore recommended for routine use in marker-assisted selection for pVAC enhancement in African cassava germplasm.
Significance:
We evaluated the performance of the SNP markers associated with provitamin A content in a cassava population and draw relevant conclusions that will foster the applications of these markers in different cassava improvement programmes with similar interests. Marker-assisted selection was sufficiently accurate for an early screening of individuals for carotenoid content, especially when thousands of genotypes are usually handled. This screening will reduce efficiently the challenges and burden attached to the use of sophisticated instruments for carotenoid quantification (e.g. HPLC and I-check) for the benefit of breeders and researchers in the field