Academy of Science of South Africa (ASSAf): Open Journal Systems
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PARENTAL RIGHTS TO PARTICIPATE IN A CHILD’S PERSONALITY DEVELOPMENT AND ITS RELIGIOUS AND MORAL UPBRINGING AND THE CHILD’S RIGHT TO FREEDOM OF CHOICE: OBSERVATIONS ON THE FIELD OF TENSION CAUSED BY THE IRRATIONAL IN A HUMAN RIGHTS DISPENSATION
No full textOne of the factors that must be taken into account in child custody cases is the religious upbringing of the child. If the parents agree, there is normally no issue. The courts will not interfere, unless the parents' religious practices are not in the child's best interests. Courts have consistently held that the parents' autonomy in this regard is a fundamental right.
In this article the authors argue that religious upbringing is implicit in parenthood. At an early age a child does not have a choice. It is indeed strange to suggest that young children have a choice, as if it is presented to them on a menu. Parents have a right and a duty to promote the development of their children's character, value system and spiritual and moral well-being
SENTENCING OF PATHOLOGICAL GAMBLERS IN CANADA. LESSONS FOR SOUTH AFRICA?
No full textThe focus of this note is on one specific type of sentencing, what is called “conditional sentence” in Canada, and “correctional supervision” in South Africa. The principles relating to this form of punishment in the two legal systems are again similar. It is a community-based punishment aimed at keeping the offender out of prison, and within society under strict conditions. The conditions in each case obviously depend on the circumstances of the case. In South Africa the measures mostly include house arrest, community service, monitoring and treatment. The choice of conditions in the Canadian legislation is wider, but includes a report to a supervisor, community service and attendance of a treatment programme (s 742.3 of the Canadian Criminal Code). The importance of this type of sentence for pathological gamblers is borne out by the fact that there is generally no need for these offenders to be removed from society. They are seldom violent, are susceptible to treatment outside the prison system and as such are capable of being rehabilitated. It is suggested that pathological gamblers in South Africa should, unless the seriousness of the crime demands otherwise, be sentenced to correctional supervision. This is the approach of the Canadian courts and should be the approach adopted by the South African courts
EARNING CAPACITY: USE IT (FOR YOURSELF) OR LOSE IT Rudman v Road Accident Fund 2003 2 SA 234 (SCA)
No full textIn Rudman v Road Accident Fund (2003 2 SA 234 (SCA)), the appellant, a mohair farmer, was also a game farmer, hunting outfitter and registered professional hunter. He brought large numbers of foreign hunters to the Eastern Cape and his business was one of the most successful of its kind in the province. Acting on advice from his financial managers, the appellant acquired control in 1977 of a company, Blaauwkrantz Farming Enterprises (Pty) Ltd of which he, his wife and children were directors. Although the farming and hunting activities were done through the company, these activities were in fact performed by the appellant in person. The income generated by the company was thus through the energetic effort of the appellant. Both the hunting and the farming were done on rugged terrain and required considerable physical effort from the appellant. He was an active man who always maintained a high level of personal fitness and this contributed to his success as hunter and farmer.In May 1998 the appellant was involved in a motor collision which changed his life dramatically. After a lengthy period in hospital he returned to the farm but he would never hunt again and would also not be able to pursue his farming activities with the same vigour as before.The appellant claimed, amongst other things, past loss of earnings in the amount of R745 882, as well as loss of earning capacity in the amount of R1 380 000 (238 E-F). These claims arose from the physical handicaps such as severe restriction of movement due to miscellaneous injuries suffered by the appellant. The prognosis for recovery was poor and the appellant would, according to the evidence, never again function as a professional hunter, nor would he be able to perform all the farming duties he had performed prior to the accident
THE PROS AND CONS OF A SIDE HUSTLE IN AN EMPLOYMENT RELATIONSHIP: Bakenrug Meat (Pty) Ltd t/a Joostenberg Meat v CCMA [2022] 4 BLLR 319 (LAC)
No full textThis case note centres on the duty of good faith, with a particular emphasis on moonlighting. Determination of the scope of the duty of good faith was the crux of the judgment of the Labour Appeal Court (LAC) in Bakenrug Meat t/a Joostenburg Meat v CCMA (2022 (4) BLLR 319 (LAC)) (Bakenrug). By inquiring into the “scope”, the case note highlights that the duty is wide and has numerous dimensions. Thus, lack of clarity and confusion by courts creates difficulties for the fairness or otherwise of dismissals for alleged moonlighting. Compounding this challenge, a recurring problem in labour relations involves the extent to which employers discipline employees for moonlighting (the practice of holding more than one job).After outlining the salient facts, the case note engages with the CCMA award, the decision of the Labour Court (LC) and the judgment of the LAC. The balance of analysis is structured in the following way. First, there is an evaluation of the concept of the “duty of good faith” in circumstances of moonlighting. Secondly, the case note unpacks the notion of “conflict of interest” in employment relations. Thirdly, misconduct as a ground that warrants dismissal is viewed in the context of moonlighting. Finally, the note makes some concluding remarks
Chief Justice Coke: Common Law v Royal Absolutism
No full textThis contribution considers the character of Chief Justice Coke and his contribution to the development of English law. More specifically the focus falls on his profound knowledge of the common law and the concomitant emphasis he placed on human freedom. Coke's reliance on the common law was the cause of continuous conflict between himself and King James 1, and later also King Charles 1. True to the Royal approach in this era they strongly endorsed royal absolutism, believing it stemmed from a divine origin. James 1 enjoyed the support of Sir Francis Bacon. Intense rivalry of a personal nature existed between him and Coke too. In response to James 1 and Bacon's continuing attacks on his views, Coke could only turn to the common law
The Tsetse Fly Perched on the Scrotum: Publishing Problems in Academic Journals
No full textSouth Africa's research incentive system rewards faculty members and affiliates for publishing in outlets that are "accredited" by the Department of Higher Education and Training. This arguably perverse incentive makes academic research a potentially aggressive numbers game. It is compounded by factors such as undue delay in peer review, difficulty in securing expert evaluators, and poor understanding of who constitutes a "peer". Despite the "publish or perish" pressure on researchers and the prohibition of the parallel submission of manuscripts by many journals, there is negligible research on publishing problems in South African journals. Informed by a literature survey, editorial experience and conversations with colleagues, this article seeks a dialogue about these problems, which it characterises as a tsetse fly perched on the scrotum. On the one hand, the current incentive system commodifies outputs and diverts attention from building knowledge with socially responsive research to building the financial coffers of universities and authors. On the other hand, inappropriate editorial interpretations of a "peer" and the gratis nature of peer evaluation encumber the publishing process. We argue that this situation erodes academic excellence, encourages the growth of predatory journals, and potentially harms national development
Prison Personnel in the Colony of Natal from circa 1850 to the Prison Reform Commission of 1905-1906
No full textWhite colonial ideology was produced as a result of the fractured nature of the relations – social, political and economic – between black and white in the colony of Natal. Apart from the racial tensions between warders and prisoners of different races, tensions within the colonial edifice itself – particularly between police officers and gaol officials – reveal deep divisions within the colonial state. The article is primarily based on material housed in the Pietermaritzburg Archives Repository; some quotations from The Black Peril by an imprisoned journalist, George Webb Hardy, have also been included
The World Rugby and International Rugby Players Contact Load Guidelines: From conception to implementation and the future
Get PDFManaging training load in rugby union is crucial for optimising performance and injury prevention. Contact training warrants attention because of higher overall injury and head impact risk, yet players must develop physical, technical, and mental skills to withstand the demands of the game. To help coaches manage contact loads in professional rugby, World Rugby and International Rugby Players convened an expert working group. They conducted a global survey with players to develop contact load guidelines. This commentary aims to describe the contact load guidelines and their implementation, and identify areas where future work is needed to support their evolution.
Invention of boundaries and identity issues in the story of an anti-colonial war
No full textTo what extent do verbal arts contribute to the imposition of worldviews, and indeed to the redrawing of boundaries? I chose to address this question through a performance recital to commemorate a historical event, recorded during a festival organized by a cultural association with the aim of defending the Bwa minority in Mali. The event took place in San in December 2001 and was intended to prepare for the centenary of what is commonly known as the “Bwa revolt”, a resistance movement that took place during the First World War. The study of the recital invites one to question the part of identity reconstruction expressed in this commemoration of the revolt. In this article I argue that the vision of the revolt’s history such as it is proposed in this performance has the effect of inventing boundaries, even though it is a call to integrate into a larger whole. It highlights what can be understood as a paradoxical injunction. Indeed, the public is called to ‘be part of’ a country, while claiming as specific to the Bwa of Mali an event that belongs to the history of a whole region not only populated by the Bwa, and that goes far beyond the borders of what Mali is today. In this performance, one thus witnesses an ethnicization that is built on a rewriting of history, an ethnicization that is also remarkable in the comments exchanged on the commemoration of the revolt on social networks. This article is organized into three points. Firstly, the context of this anti-colonial war and the way it is claimed here as part of the construction of Bwa identity are explored from the very first words. Next, it is shown that the ethnicization manifested in this performance has long-standing political and scientific foundations. Finally, this paradoxical injunction addressed to Malian Bwa to be part of the nation while focusing on their own identity is discussed in a context where identity claims are reinforced by the importance taken by social networks on the internet
