UP Journals (Univ. of Pretoria)
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State of Statelessness for Displaced Persons Through the Doctrine Of Ubuntu: South African Domestic Perspective and International Law Obligation Through the Lens Of Khoza V Minister of Home Affairs [2023] 2 ALL SA 489 (GP)
No full textThe notion of statelessness and the positioning of the South African government in protecting its territorial integrity have been attributed to preserving its financial capability to cater for its nationals while imposing administrative and financial constraints on those who come to its shores seeking asylum due to instability in their respective regions, often leaving them displaced and undocumented. Subsequently, the criteria for defining statelessness remain contested, making the state privy to act unreasonably unjust in certain circumstances. Consequently, the government implicitly foreshadows its privy policy by scrutinising such applications as a programme that aims to ensure that it does not have an excess of foreigners who may negatively affect service delivery and cause unwanted issues like crime. As a result, stateless people are perceived as interfering with the allocation of the national fiscus. The notion of statelessness will, however, be explored as this paper progresses through the case of Khoza v Minister of Home Affairs and Others by showing how a decolonised and transformative endeavour of ubuntu should be practised. As such, the idea of ubuntu will be affirmed through the international obligation of international human rights while simultaneously arguing that Africans have not become so assimilated as to regard other Africans as strangers, to such an extent that the systems in place today are based on national self-centred interests that hold Western influence. This influence, as the paper unfolds, will prove that stateless persons in South Africa tend to be subversively (implicitly) discriminated against when they apply for nationality. Therefore, a xenophobic stance from an institution such as the Department of Home Affairs gains enormous adherence when it processes applications, especially for Africans
Baker Tilly (a firm) v Makar [2010] EWCA Civ 1411: Tacit terms and the common unexpressed intention of the parties to a contract
No full textWhose knowledges shape our city? Advancing a community-based urban praxis: Wie se Kennis(se) Vorm ons Stad? Op Soek na ’n Gemeenskapsgedrewe Stedelike Praxis
No full textIn die artikel word verskillende plekke van kontestasie en hoop in die middestad van Pretoria/Tshwane geidentifiseer, en die moontlike unieke kennis(se) wat vanuit hierdie kontekste gegenereer word, word oorweeg.
Ek neem ’n spesifiekeposisie in en argumenteer dat sodanige plaaslike kennis(se) meestal uitgesluit word van prosesse wat die stad nuut wil visioneer, ten koste van onsself. In plaas van die uitsluiting van plaaslike gemeenskappe met hulle unieke visies, ervaringe en kundigheid, suggereer ek die doelbewuste bevordering van \u27n gemeenskaps gedrewe stedelike praxis.
Laastens bied ek die konsep van \u27n Urban Studio as ’n moontlike trans-dissiplinere ruimte, in noue samewerking met plaaslike gemeenskappe, vir die generering van transformerende kennis, wat die moontlikheid van meer inklusiewe, regverdige en volhoubare stedelike woonbuurte kan verhoog.
Student/learner allegations of teacher sexual misconduct: A teacher’s right to privacy and due process
Get PDFMuch is at stake when it comes to sexual misconduct of teachers in the USA and South Africa. Both countries expect of all teachers to report abuse of children to the respective social services and law enforcement agencies: failure to do so can, in the USA, lead to the suspension of a teaching licence. This article focuses on (i) the extent to which members of the public are entitled to the names of teachers against whom allegations of sexual misconduct have been made, (ii) who should investigate complaints of sexual misconduct, and (iii) to what extent teachers may insist on privacy in such circumstances. These matters are discussed from a USA and RSA comparative perspective, with specific reference to the fact-finding process and school governing bodies\u27 governance role in the South African public education sector, and the school officials\u27 roles in the USA. From a discussion of how the USA have thus far dealt with this dilemma, it seems that teachers should be entitled to protection against the damage that unproven allegations of sexual misconduct could do to their reputations. Some of the recommendations that are made to redress the South African situation are that the fact-finding process after a complaint of sexual misconduct has been filed must be managed smartly, and that Magistrates must undergo some form of in-service training to make them aware of the basic fact-finding errors they frequently commit at this level
Ondernemingsredding uit die wegspringblokke: Is dit sterk genoeg? Swart v Beagles Run Investments 25 (PTY) Ltd (ongerapporteerde Noord Gauteng Hoë Hof saak no 26597/2011): Ondernemingsreddingsprosedures ingevolge hoofstuk 6 van die Maatskappywet 71 van 2008
Get PDFMinister for Justice and Constitutional Development v Tshishonga 2009 9 BLLR 862 (LAC): Just and equitable compensation for non-patrimonial loss
Get PDFNationalisation of mineral rights in South Africa
Get PDFThe Mineral and Petroleum Resources Development Act 28 of 2002 (MPRDA) deprived landowners of the ownership of unexplored mineral and petroleum products and proclaimed mineral and petroleum resources to be “the common heritage of all the people of South Africa” with the State as the custodian thereof. Prospecting and mining rights in respect of “unused old order rights” and the conversion of “old order prospecting rights“ and “old order mining rights” into “new order” prospecting and/or mining rights have been subjected to radical time constraints and strenuous substantive conditions to be approved by the Minister of Mineral and Energy Affairs. Whereas the State in the past regulated prospecting and mining activities, mainly to secure safety measures and protection of the environment, the legislature has now imposed stringent requirements for the granting of prospecting and/or mining rights because it has become the owner of mineral and petroleum resources—either as personification of “the people of South Africa” or as a public trustee of “the heritage of all the people of South Africa.”
Section 25 of the Constitution of the Republic of South Africa distinguishes between deprivation of property, which is not subject to the payment of compensation by the State, and expropriation for which compensation must be paid. It is commonly accepted that expropriation is constituted by deprivation plus an additional element or elements. There are two possible factors that will convert a deprivation into expropriation: either the vesting of ownership of the rights of which the owner has been deprived in another entity, for example the State; or, as stipulated in Article 25, by depriving the owner of his or her rights in the public interest or for a public purpose. It is argued in this essay that the deprivation of mineral and petroleum resources amounted to expropriation under either of these two perceptions of expropriation