UP Journals (Univ. of Pretoria)
Not a member yet
4792 research outputs found
Sort by
\u27Cloudless skies\u27: an argumentative interrogation of the visual rhetoric of South African Panorama and Lantern cover designs (1949-1961)
No full textIn the wake of recent national independence movements, renewed interest in the complex phenomenon of the nation has emerged; highly negative conceptions have been challenged by voices that seek to understand rather than dismiss expressions of nationalism and national identity in fields as diverse as sport, architecture, fashion, film, engineering, advertising, and currency design. The South African publications Lantern and Panorama were competing projects in a rhetorical exercise that grappled with constructed national identities in a pre-1994 South African community and, as such, these artefacts deserve interrogation. To this purpose I examine the cover designs of the journals - both to a greater or lesser degree state supported - between 1949 and 1961 in order to demonstrate how a consideration of rhetorical content not only reveals embedded ideologies, but also demonstrates the agency of graphic design in the strategies of propaganda and education as utilised by Lantern and Panorama, respectively. I problematise these concepts, and propose more nuanced readings than may be conventionally attributed to government-sanctioned visual culture from this period in South Africa\u27s history
The users of lace: a socio-political case study
Full text linkFlorence Phillips (1863-1940), wife of Randlord Lionel Phillips, is remembered for founding the Johannesburg Art Gallery (JAG) in 1910. The British social activist Emily Hobhouse (1860-1925) is remembered for exposing conditions in the concentration camps for Boer women and children during the South African War (1899-1902). What is less well known is that social reconstruction initiatives using arts and crafts ideals devolved from the mother country, were started by both women in the post-war period, and that they both used lace as part of their plans. In this article, I explore the backgrounds of these two socially-diverse women, their differing perceptions of lace, and how they used lace to their own ends. Emily planned to use lace-making, along with spinning and weaving, to build up destitute farm communities by teaching handcrafts to young Boer women. Florence planned to start an educational museum with an affiliated art school, in which handcrafts like lace could serve as teaching examples. Emily’s lace plans were short-lived. Florence failed to achieve an art school and her donation of lace was neglected in favour of Johannesburg Art Gallery’s fine art collection. Towards the end of the twentieth century, however, its aesthetic worth began to be realised.
Hawekwa Youth Camp v Byrne 2010 6 SA 83 (HHA) Jacobs v Chairman, Governing Body, Rhodes High School 2011 1 SA 160 (WKK)
Full text link
Contemporary challenges to international human rights law and the role of human rights education
Full text linkThis contribution explores four contemporary challenges to international human rights law. These challenges are: (1) The international human rights system is complex and fragmented, yet remains substantively under-inclusive. (2) International human rights law has not delivered on its promise to "make a difference". (3) Due to its state-centred nature, international human rights law is trapped in the paradox of the state as both primary protector and violator of human rights.(4) International human rights law has inadequately engaged with the plight of the impoverished. This article sets out the argument that each of these challenges can be better understood and dealt with if a multidisciplinary approach, rather than a strict judicial or rights-based approach is followed. The content of human rights education must therefore be re-examined critically and the admission requirements for human rights programmes should be adapted to reflect such a multidisciplinary approach
The legal validity of an advance refusal of medical treatment in South African law (part 2)
Full text linkAdvance directives enable people to refuse medical treatment in future when they no longer have the capacity to make healthcare decisions. An advance directive is a “living will” whereby the author refuses to undergo medical treatment in specific circumstances that may arise in the future. An advance directive may also be expressed in a lasting power of attorney (also referred to as a “proxy directive”) whereby an individual appoints someone else to refuse medical treatment in future on his or her behalf. There is no clarity in South African law whether an advance refusal of medical treatment is a legally enforceable instruction. In the first part of this contribution which appeared in 2011 De Jure 32, the current legal position in South Africa was discussed. The ethical norms that apply in the medical profession were considered and compared with the current legal position. The relevant constitutional values were considered contextually and balanced against certain values of the community. This exercise has led to the conclusion that advance directives should be recognized as legally enforceable instruments in South African law.
In the second part of this contribution the ethical considerations that should play a role in determining whether an advance directive should be enforced in particular circumstances are considered. The developments in foreign legal systems are discussed and empirical research undertaken in these legal systems to evaluate the efficacy of advance directives in practice are critically analysed. The study leads to the conclusion that the South African parliament should consider the previous recommendations of the South African Law Commission in this regard. It is recommended that advance directives be recognized as legally enforceable instruments in legislation. But the experience elsewhere has shown that mere statutory recognition of the legal validity of advance directives does not bring about any significant change in practice. Changes in perceptions can only be achieved by proper education and the introduction in healthcare institutions such as hospitals and clinics of training programmes and support systems. It is suggested that an holistic approach be adopted and that the state itself should initiate and implement efficient strategies to instil a better understanding of patient autonomy in healthcare workers as well as in the broader public
The deductibility of value added tax on costs incurred to raise share capital: A critical analysis of the ITC 1744 case
Full text linkCompanies incur significant amounts of share issue costs to raise finance for their operations. The South African Revenue Service (SARS) currently contends that value added tax (VAT) is not deductible on share issue costs. This view is based on the ITC 1744 case. The judgment in ITC 1744 relied on the views expressed in a European case decided in 1994. Since then the question of the deductibility of VAT incurred on share issue costs has been considered in a number of judgments in the European Court of Justice (ECJ) and it was held that in certain circumstances input tax may be deducted. In this article, the question is posed whether arguments similar to those followed by the ECJ may be advanced in South Africa. Based on the analysis of the reasoning followed in the ECJ judgments in the context of the South African legislation it is submitted that compelling grounds may exist to argue that a share issue does not constitute a supply and that share issue costs may be viewed as general costs to the business. This argument may prompt SARS to reconsider its view held on the deductibility of VAT levied on share issue costs in South Africa
