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Country Guide South Africa
Human Rights and Business Country Guide South Africa March 2015 Table of Contents How to Use this Guide .................................................................................. 3 Background & Context ................................................................................. 7 Rights Holders at Risk ........................................................................... 15 Rights Holders at Risk in the Workplace ..................................................... 15 Rights Holders at Risk in the Community ................................................... 25 Labour Standards ................................................................................. 35 Child Labour ............................................................................................... 35 Forced Labour ............................................................................................ 39 Occupational Health & Safety .................................................................... 42 Trade Unions .............................................................................................. 49 Working Conditions .................................................................................... 56 Community Impacts ............................................................................. 64 Environment ............................................................................................... 64 Land & Property ......................................................................................... 72 Revenue Transparency -
The Immediate and Long-Term Effects of Namibia's Colonization Process
The Immediate and Long-Term Effects of Namibia’s Colonization Process By: Jonathan Baker Honors Capstone Through Professor Taylor Politics of Sub-Saharan Africa Baker, 2 Table of Contents I. Authors Note II. Introduction III. Pre-Colonization IV. Colonization by Germany V. Colonization by South Africa VI. The Struggle for Independence VII. The Decolonization Process VIII. Political Changes- A Reaction to Colonization IX. Immediate Economic Changes Brought on by Independence X. Long Term Political Effects (of Colonization) XI. Long Term Cultural Effects XII. Long Term Economic Effects XIII. Prospects for the Future XIV. Conclusion XV. Bibliography XVI. Appendices Baker, 3 I. Author’s Note I learned such a great deal from this entire honors capstone project, that all the knowledge I have acquired can hardly be covered by what I wrote in these 50 pages. I learned so much more that I was not able to share both about Namibia and myself. I can now claim that I am knowledgeable about nearly all areas of Namibian history and life. I certainly am no expert, but after all of this research I can certainly consider myself reliable. I have never had such an extensive knowledge before of one academic area as a result of a school project. I also learned a lot about myself through this project. I learned how I can motivate myself to work, and I learned how I perform when I have to organize such a long and complicated paper, just to name a couple of things. The strange inability to be able to include everything I learned from doing this project is the reason for some of the more random appendices at the end, as I have a passion for both numbers and trivia. -
Appointments to South Africa's Constitutional Court Since 1994
Durham Research Online Deposited in DRO: 15 July 2015 Version of attached le: Accepted Version Peer-review status of attached le: Peer-reviewed Citation for published item: Johnson, Rachel E. (2014) 'Women as a sign of the new? Appointments to the South Africa's Constitutional Court since 1994.', Politics gender., 10 (4). pp. 595-621. Further information on publisher's website: http://dx.doi.org/10.1017/S1743923X14000439 Publisher's copyright statement: c Copyright The Women and Politics Research Section of the American 2014. This paper has been published in a revised form, subsequent to editorial input by Cambridge University Press in 'Politics gender' (10: 4 (2014) 595-621) http://journals.cambridge.org/action/displayJournal?jid=PAG Additional information: Use policy The full-text may be used and/or reproduced, and given to third parties in any format or medium, without prior permission or charge, for personal research or study, educational, or not-for-prot purposes provided that: • a full bibliographic reference is made to the original source • a link is made to the metadata record in DRO • the full-text is not changed in any way The full-text must not be sold in any format or medium without the formal permission of the copyright holders. Please consult the full DRO policy for further details. Durham University Library, Stockton Road, Durham DH1 3LY, United Kingdom Tel : +44 (0)191 334 3042 | Fax : +44 (0)191 334 2971 https://dro.dur.ac.uk Rachel E. Johnson, Politics & Gender, Vol. 10, Issue 4 (2014), pp 595-621. Women as a Sign of the New? Appointments to South Africa’s Constitutional Court since 1994. -
South Africa
<*x>&&<>Q&$>ee$>Q4><><>&&i<>4><><i^^ South Africa UNION OF SOUTH AFRICA HE political tension of the previous three years in the Union of South TAfrica (see articles on South Africa in the AMERICAN JEWISH YEAR BOOK, Vols. 51, 52 and 53) broke, during the period under review, into a major constitutional crisis. A struggle began between the legislature and the judi- ciary over the "entrenched clauses" of the South Africa Act, which estab- lished the Union, and over the validity of a law passed last year by Daniel Francois Malan's Nationalist Government to restrict the franchise of "Col- ored" voters in Cape Province in contravention of these provisions. Simul- taneously, non-European (nonwhite) representative bodies started a passive resistance campaign against racially discriminatory legislation enacted by the present and previous South African governments. Resulting unsettled condi- tions in the country combined with world-wide economic trends to produce signs of economic contraction in the Union. The developing political and racial crisis brought foreign correspondents to report at first hand upon conditions in South Africa. Not all their reports were objective: some were characterized by exaggeration and distortion, and some by incorrect data. This applied particularly to charges of Nationalist anti-Semitism made in some reports. E. J. Horwitz, chairman of the South African Jewish Board of Deputies (central representative body of South Afri- can Jewry) in an interview published in Die Transvaler of May 16, 1952, specifically refuted as "devoid of all truth" allegations of such anti-Semitism, made on May 5, 1952, in the American news magazine Time. -
Assessment of the Impact of Decisions of the Constitutional Court and Supreme Court of Appeal on the Transformation of Society Final Report
Assessment of the Impact of Decisions of the Constitutional Court and Supreme Court of Appeal on the Transformation of Society Final Report (Consitutional Justice Report) Prepared for The Department of Justice and Constitutional Development by the Democracy, Governance and Service Delivery Research Programme of the Human Sciences Research Council in partnership with the Nelson R Mandela School of Law of the University of Fort Hare November 2015 Contents List of Main Contributors to this Report .................................................................................... 7 Research Project Team Members .............................................................................................. 8 List of tables ............................................................................................................................... 9 List of figures .............................................................................................................................. 9 List of charts ............................................................................................................................... 9 List of abbreviations ................................................................................................................. 10 Executive Summary ................................................................................................................ 12 1 BACKGROUND AND CONTEXT OF THE PROJECT ............................................................ 27 2. METHODOLOGY AND PROJECT TRAJECTORY -
A Brief History of the North West Bar Association
THE BAR IN SA was a circuit court. This led to an arrangement being made between the A brief history of the North West Bar and advocates who were employed Bar Association as lecturers at the Law Faculty of the newly established University of LCJ Maree SC, Mafikeng Transkei in terms of which lecturers were allowed to practise on a part-time basis. Thus in 1978, Don Thompson, Birth and name (Judge-President of the High Court of Bophuthatswana), F Kgomo (Judge Brian Leslie, Joe Renene and Selwyn In an old dilapidated minute book, the President of Northern Cape High Court) Miller (presently the Acting Judge following is to be found on the first and Nkabinde, Leeuw and Chulu President of the Transkei Division) all page: 'Ons, die ondergetekendes, stig (deceased) Uudges of the High Court of became members of the Society. hiermee 'n organisasie wat bekend sal Bophuthatswana). A number of our staan as die Balie van Advokate van The membership of the Society grew members have acted as judges in various Bophuthatswana, ook bekend as die steadily during the 1980s. New members divisions and Lever SC has also acted in Balie van Bophuthatswana. Die grond included Tholie Madala (a justice of the the High Court of Botswana. Our mem wet van die Vereniging is hierby aange Constitutional Court from its inception), bers have chaired various commissions heg as Bylae A.' The 'stigtingsakte' as Peter Rowan, Peter Barratt, Joe Miso, during the period when commissions of they called it, was signed by Advocates enquiries were fashionable. Vic Vakalisa (upon his return), Digby JJ Rossouw, TBR Kgalegi and LAYJ Koyana, Nona Goso, Sindi Majokweni, Thomas on 17 March 1981 at Mafikeng. -
South African National and Provincial Elections
Report of the Commonwealth Observer Mission SOUTH AFRICAN NATIONAL AND PROVINCIAL ELECTIONS 7 May 2014 TABLE OF CONTENTS Chapter 1 Introduction 3 Chapter 2 Political Environment 4 Background 4 The campaign environment 5 Other issues: 7 Status of the IEC Chairperson 7 Emergence of new political parties 7 Agang SA 7 Economic Freedom Fighters (EFF) 8 Media 8 Chapter 3 Electoral Framework and Electoral Administration 10 Electoral System 10 The Independent Electoral Commission 11 Results Auditors 15 Chapter 4 Election Day 16 Chapter 5 Conclusions and Recommendations 19 Recommendations 21 Annexes Annex 1 List of Organisations met or consulted by the Observer Mission 23 Annex 2 List of Political Parties that contested the 2014 Elections 25 Annex 3 National and Provincial Election Timetable 31 2 Chapter 1 Introduction In response to an invitation from the Minister of International Relations and Cooperation of South Africa, the Commonwealth Secretary-General constituted an Observer Mission for the National and Provincial Elections of 7 May 2014. The Commonwealth Observer Mission was led by Nana Addo Dankwa Akufo- Addo, former Foreign Minister and Attorney-General of Ghana. The other members of the Mission were Hon. Dorothy Pine-McLarty OJ, Chairperson of the Electoral Commission of Jamaica; and Sheikh Abdul Carimo Nordine Sau, Chairperson of the National Elections Commission of Mozambique. The Mission was supported by a four-person staff team from the Commonwealth Secretariat. The Mission was tasked with determining whether the elections were conducted according to the standards for democratic elections to which South Africa had committed itself. During their time in South Africa, the Observer Mission met with a range of stakeholders including political parties, civil society organisations, media representatives, other election observer missions and Commonwealth High Commissioners. -
Exporting South Africa's Social Rights Jurisprudence Eric C
Loyola University Chicago International Law Review Volume 5 Article 4 Issue 1 Fall/Winter 2007 2007 Exporting South Africa's Social Rights Jurisprudence Eric C. Christiansen Golden Gate University School of Law Follow this and additional works at: http://lawecommons.luc.edu/lucilr Part of the International Law Commons Recommended Citation Eric C. Christiansen Exporting South Africa's Social Rights Jurisprudence, 5 Loy. U. Chi. Int'l L. Rev. 29 (2007). Available at: http://lawecommons.luc.edu/lucilr/vol5/iss1/4 This Feature Article is brought to you for free and open access by LAW eCommons. It has been accepted for inclusion in Loyola University Chicago International Law Review by an authorized administrator of LAW eCommons. For more information, please contact [email protected]. EXPORTING SOUTH AFRICA'S SOCIAL RIGHTS JURISPRUDENCE Eric C. Christiansent I. Introduction The South African Constitution and its early jurisprudence have been dis- cussed extensively among comparative constitutional law scholars and other aca- demics. Frequently, the Constitution has been described as a model document for the domestic protection of human rights, and the South African Constitutional Court, the highest court in post-apartheid South Africa, has often been lauded by political progressives and human rights activists for advancing the cause of equality and justice. One of the most distinctive elements of South Africa's jurisprudence has been its willingness to adjudicate socio-economic rights in addition to traditional civil and political rights. While the advancement of social welfare as a whole has clearly proceeded at a far slower pace than political equality, the Constitutional protection of social rights and its enforcement by the Court continues to inspire social justice advocates in their work within South Africa and abroad. -
Iau American University Blr Business Law Rview
AMERICAN UNIVERSITY BUSINESS LAW REVIEW VOLUME6 • 2016 • ISSUE I ALEXANDRA MCLEOD Editor-in-Chief GABRIEL RASKAS CATRIONA COPPLER Managing Editor Executive Editor TIANA CHERRY Associate ManagingEditor BENJAMIN MCCARTY GINA COLARUSSO PATRICK KAIN Senior Note & Comment Senior Articles Editor JOANNA SCLEIDOROVICH Business & Marketing Editor Editors STEPHANIE COSTA Symposium Editor Articles Editors Note & Comment Editors KRISTINE LITTLE ALEXANDRA CAIN CHAUNA PERVIS MARJORIE CASTILLO CHELSEA RECKELL MEGAN DOYLE NINA RODRIGUEZ KIKi MCARTHUR Senior Staff JOSHUA ADRIAN PAOLA HENRY SUZANNE RIOPEL RALPH BERNARD STEPHANIE LIAO SARA SASS PETER BROSTOWIN SHAWN MARCUM JULIE SHURSKY JULIANA PEREZ CALLE BETTY MCNEIL MAEGEN SINCLEAIR NICHOLAS ENNS DAVID NAJERA BRIAN TAN SANDRA FADEL MONISHA RAO WILLIAM WARMKE ALEXANDRA FOSTER KALLI WELLS BRIAN GAUTHIER EMILY WOLFFORD Junior Staff NANA AMOO ZACHARY JOHNSTON HILARY ROSENTHAL STEFANIE ANDREWS JAMES KIM NATHAN ROY JOSHUA ARONS INDIA MCGEE BRIANNA SCHACTER CONOR ARPEY MORGAN McKINLAY DANIEL PATRICK SHAFFER JOHN COSCULLUELA VANESSA MICHAUD RONALDA SMITH NATALIE CUADROS JOSHUA MORRIS DALISHA STURDIVANT ELI DANIELS ELIZABETH NWABUEZE LUKE TROMPETER JAMES DUFFY MOFETOLUWA OBADINA STEPHANIE VILELLA ALYSSA DUNBAR JACOB PEEPLES SETH WEINTRAUB VICTORIA GARCIA PRITIKA RAMESH COLIN WOOD CARL GAUL SAREESH RAWAT CHRIS WHITE Law Review Coordinator SHARON E. WOLFE C -~ - N IAU AMERICAN UNIVERSITY BLR BUSINESS LAW RVIEW The AMERICAN UNIVERSITY BUSINESS LAW REVIEW is published three times a year by students of the Washington College of Law, American University, 4300 Nebraska Avenue, NW, Suite CT08 Washington, D.C. 20016. Manuscripts should be sent to the Executive Editor at the above listed address or electronically at [email protected]. The opinions expressed in articles herein are those of the signed authors and do not reflect the views of the Washington College of Law or the American University Business Law Review. -
Lack of Transformation in Judiciary Investigative Report (2016) By
CGE INVESTIGATIVE REPORT:Layout 1 12/5/16 5:53 PM Page 1 LACK OF GENDER TRANSFORMATION IN THE JUDICIARY INVESTIGATIVE REPORT 2016 CGE INVESTIGATIVE REPORT:Layout 1 12/5/16 5:53 PM Page 2 CGE INVESTIGATIVE REPORT:Layout 1 12/5/16 5:53 PM Page 3 LACK OF GENDER TRANSFORMATION IN THE JUDICIARY Complaint Ref No: WC/DRGU & Sonke/2012/KL Democratic Governance and Rights Unit and Sonke Gender Justice Network Complainants And The Presidency The Minister of the Department of Justice and Constitutional Development Judicial Service Commission Chief Justice of the Constitutional Court Respondents1 “There’s a lot of sexism. If you are a woman you have to go on a course to become a judge, but a man can simply serve as an acting judge and apply for the job. Men have thought of this [course] as a marvellous thing. They think this is helping women become judges. They are incredibly proud of their expensive courses2. Judge Satchwell 1 As per the lodged complaint 2 Omphitlhetse , Mooki , The Star Newspaper , August 2012: “ Women can do it too” 3 CGE INVESTIGATIVE REPORT:Layout 1 12/5/16 5:53 PM Page 4 LACK OF GENDER TRANSFORMATION IN THE JUDICIARY CONTENTS PAGES 1. Introduction 6 2. Parties 7 3. Nature and Background to the Complaint 10 4. Legal Framework 12 5. Gender Transformation in the Judiciary – the current status quo (institutional analysis) 28 6. Investigation / Steps taken 33 7. Findings and recommendations 58 8. Conclusion 61 9. Annexures A1 The Presidency of the Republic of South Africa 64 A2 Minister of Justice and Constitutional Development 68 -
The.South West African "Terrorism Trial" Continues
The.south West African "Terrorism Trial" Continues: THE APPEAL CASE Last February, 33 South West Africans (Namibians) were sentenced to im prisonment for violation of South Africa's Terrorism Act. On September 25 and 26, an appeal was heard in the Appellate Division Court in Bloem fontein, South Africa, on the legal question of whether or not the validity of the jurisdiction of the Supreme Court in Pretoria ( which tried the men) could be challenged, No decision is expected for another month. In No vember judgement on a separate appeal by 11 of the defendents, against the severity of their sentences, will be heard in the same court. An analysis by international la.w professor Richard Falk, who was in court when the Namibians were sentenced, has stated: The nature of e.partheid as a system gives opponents no alternative but violent challenge ••• statutory stan dards are so sweeping as to deny a defense for anyone the Government is seriously interested in convicting. The statute (Terrorism Aet) contains a broad definition of what constitutes terrorism and gives the State great latitude in gathering evidence and confessions. Peopl.e are not brought to trial until they have already confes sed the crime for which they are accused ••• The rea.l trial and the real criminal conviction occurs within the prison ••• The terrorist trial itself is extraordinarily artificial. The trial is a sequence of legal forms that culminate in reaching a predetermined result that can bf varied only slightly by what happens in the Court • • • • The Terrorism Trial The trial evoked world attention and condemnation from the United Nations, churches, eminent jurist,s, and editorial columns. -
United Nations Juridical Yearbook, 1988
Extract from: UNITED NATIONS JURIDICAL YEARBOOK 1988 Part Three. Judicial decisions on questions relating to the United Nations and related intergovernmental organizations Chapter VIII. Decisions of national tribunals Copyright (c) United Nations CHAPTER VIII. DECISIONS OF NATIONAL TRIBUNALS 1. South Africa (a) South West Africa, Supreme Court Binga v. The Administrator-General for South West Africa and Others: Judgement of 22 June 1984 ..................... 376 (b) South Africa, Supreme Court, Appellate Division Binga v. The Cabinet for South West Africa and Others: Judgement of 24 March 1988 ....................................... 376 2. United Kingdom of Great Britain & Northern Ireland, Court of Appeals (a) Maclaine Watson & Co. Ltd. v. Department of Trade and Industry; J.H. Rayner (Mincing Lane) Ltd. v. De- partment of Trade and Industry and Others, and Related Appeals; (b) In re International Tin Council; (c) Maclaine Watson & Co. Ltd. v. International Tin Council; and (d) Maclaine Watson & Co. Ltd. v. International Tin Coun- cil (No 2). Judgements of 27 April 1988 ..................... 409 3. United States of America (a) United States District Court, Southern District of New York United States of America (Plaintiff) against the Palestine Lib- eration Organization, et al. (Defendants): Judgement of 29 June 1988 ................................................................ 414 (b) United States Court of Appeals, District of Columbia Circuit Committee of United States Citizens Living in Nicaragua v. Reagan: Judgement of 16 December