The ebb and flow of the separation of powers in South African constitutional law – the Glenister litigation campaign
- Authors: Krüger, Rósaan
- Date: 2015
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/71103 , vital:29784 , https://doi.org/10.5771/0506-7286-2015-1-49
- Description: This article considers the application of the doctrine of separation of powers by the South African judiciary in a series of judgments flowing from applications and appeals concerning the disbanding of a specialised crime-fighting unit, the Directorate of Special Operations (‘DSO’, colloquially known as ‘the Scorpions’) and the establishment of another unit, the Directorate of Priority Crimes (‘DCPI’, colloquially known as ‘the Hawks’) through legislative enactment. It traces the judiciary’s stance on the separation of powers in the different stages of the litigation - before, during and after the conclusion of the legislative process. It does so against the background of South African precedent on the doctrine and in the light of a perceived power imbalance between the branches of government. Ultimately, it questions the appropriateness of the current understanding of the doctrine of separation of powers in the context of a dominant-party democracy.
- Full Text: false
- Date Issued: 2015
- Authors: Krüger, Rósaan
- Date: 2015
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/71103 , vital:29784 , https://doi.org/10.5771/0506-7286-2015-1-49
- Description: This article considers the application of the doctrine of separation of powers by the South African judiciary in a series of judgments flowing from applications and appeals concerning the disbanding of a specialised crime-fighting unit, the Directorate of Special Operations (‘DSO’, colloquially known as ‘the Scorpions’) and the establishment of another unit, the Directorate of Priority Crimes (‘DCPI’, colloquially known as ‘the Hawks’) through legislative enactment. It traces the judiciary’s stance on the separation of powers in the different stages of the litigation - before, during and after the conclusion of the legislative process. It does so against the background of South African precedent on the doctrine and in the light of a perceived power imbalance between the branches of government. Ultimately, it questions the appropriateness of the current understanding of the doctrine of separation of powers in the context of a dominant-party democracy.
- Full Text: false
- Date Issued: 2015
Planning adaptation to climate change in fast-warming marine regions with seafood-dependent coastal communities
- Hobday, Alistair J, Cochrane, Kevern, Howard, James, Aswani, Shankar, Byfield, Val, Duggan, Greg, Duna, Elethu, Dutra, Leo X, Frusher, Stewart D, Fulton, Elizabeth A, Gammage, Louise, Gasalla, Maria A, Griffiths, Chevon, Guissamulo, Almeida, Haward, Marcus, Jarre, Astrid, Jennings, Sarah M, Jordan, Tia, Joyner, Jessica, Ramani, Narayana K, Shanmugasundaram, Swathi L P, Malherbe, Willem, Ortega-Cisneros, Kelly, Paytan, Adina, Pecl, Gretta T, Plagányi, Éva E, Popova, Ekaterina E, Razafindrainibe, Haja, Roberts, Michael, Rohit, Prathiba, Sainulabdeen, Shyam S, Sauer, Warwick H H, Valappil, Sathianandan T, Zacharia, Paryiappanal U, Van Putten, E Ingrid
- Authors: Hobday, Alistair J , Cochrane, Kevern , Howard, James , Aswani, Shankar , Byfield, Val , Duggan, Greg , Duna, Elethu , Dutra, Leo X , Frusher, Stewart D , Fulton, Elizabeth A , Gammage, Louise , Gasalla, Maria A , Griffiths, Chevon , Guissamulo, Almeida , Haward, Marcus , Jarre, Astrid , Jennings, Sarah M , Jordan, Tia , Joyner, Jessica , Ramani, Narayana K , Shanmugasundaram, Swathi L P , Malherbe, Willem , Ortega-Cisneros, Kelly , Paytan, Adina , Pecl, Gretta T , Plagányi, Éva E , Popova, Ekaterina E , Razafindrainibe, Haja , Roberts, Michael , Rohit, Prathiba , Sainulabdeen, Shyam S , Sauer, Warwick H H , Valappil, Sathianandan T , Zacharia, Paryiappanal U , Van Putten, E Ingrid
- Date: 2016
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/125675 , vital:35806 , https://doi.10.1007/s11160-016-9419-0
- Description: Many coastal communities rely on living marine resources for livelihoods and food security. These resources are commonly under stress from overfishing, pollution, coastal development and habitat degradation. Climate change is an additional stressor beginning to impact coastal systems and communities, but may also lead to opportunities for some species and the people they sustain. We describe the research approach for a multi-country project, focused on the southern hemisphere, designed to contribute to improving fishing community adaptation efforts by characterizing, assessing and predicting the future of coastal-marine food resources, and codeveloping adaptation options through the provision and sharing of knowledge across fast-warming marine regions (i.e. marine ‘hotspots’). These hotspots represent natural laboratories for observing change and concomitant human adaptive responses, and for developing adaptation options and management strategies. Focusing on adaptation options and strategies for enhancing coastal resilience at the local level will contribute to capacity building and local empowerment in order to minimise negative outcomes and take advantage of opportunities arising from climate change. However, developing comparative approaches across regions that differ in political institutions, socio-economic community demographics, resource dependency and research capacity is challenging. Here, we describe physical, biological, social and governance tools to allow hotspot comparisons, and several methods to evaluate and enhance interactions within a multi-nation research team. Strong partnerships within and between the focal regions are critical to scientific and political support for development of effective approaches to reduce future vulnerability. Comparing these hotspot regions will enhance local adaptation responses and generate outcomes applicable to other regions.
- Full Text:
- Date Issued: 2016
- Authors: Hobday, Alistair J , Cochrane, Kevern , Howard, James , Aswani, Shankar , Byfield, Val , Duggan, Greg , Duna, Elethu , Dutra, Leo X , Frusher, Stewart D , Fulton, Elizabeth A , Gammage, Louise , Gasalla, Maria A , Griffiths, Chevon , Guissamulo, Almeida , Haward, Marcus , Jarre, Astrid , Jennings, Sarah M , Jordan, Tia , Joyner, Jessica , Ramani, Narayana K , Shanmugasundaram, Swathi L P , Malherbe, Willem , Ortega-Cisneros, Kelly , Paytan, Adina , Pecl, Gretta T , Plagányi, Éva E , Popova, Ekaterina E , Razafindrainibe, Haja , Roberts, Michael , Rohit, Prathiba , Sainulabdeen, Shyam S , Sauer, Warwick H H , Valappil, Sathianandan T , Zacharia, Paryiappanal U , Van Putten, E Ingrid
- Date: 2016
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/125675 , vital:35806 , https://doi.10.1007/s11160-016-9419-0
- Description: Many coastal communities rely on living marine resources for livelihoods and food security. These resources are commonly under stress from overfishing, pollution, coastal development and habitat degradation. Climate change is an additional stressor beginning to impact coastal systems and communities, but may also lead to opportunities for some species and the people they sustain. We describe the research approach for a multi-country project, focused on the southern hemisphere, designed to contribute to improving fishing community adaptation efforts by characterizing, assessing and predicting the future of coastal-marine food resources, and codeveloping adaptation options through the provision and sharing of knowledge across fast-warming marine regions (i.e. marine ‘hotspots’). These hotspots represent natural laboratories for observing change and concomitant human adaptive responses, and for developing adaptation options and management strategies. Focusing on adaptation options and strategies for enhancing coastal resilience at the local level will contribute to capacity building and local empowerment in order to minimise negative outcomes and take advantage of opportunities arising from climate change. However, developing comparative approaches across regions that differ in political institutions, socio-economic community demographics, resource dependency and research capacity is challenging. Here, we describe physical, biological, social and governance tools to allow hotspot comparisons, and several methods to evaluate and enhance interactions within a multi-nation research team. Strong partnerships within and between the focal regions are critical to scientific and political support for development of effective approaches to reduce future vulnerability. Comparing these hotspot regions will enhance local adaptation responses and generate outcomes applicable to other regions.
- Full Text:
- Date Issued: 2016
Making room for the unexpected: the university and the ethical imperative of unconditional hospitality
- Authors: Dass, Minesh
- Date: 2015
- Language: English
- Type: text , book
- Identifier: http://hdl.handle.net/10962/142108 , vital:38050 , ISBN 9781869142902 , https://books.google.co.za/books?id=49o8rgEACAAJanddq=Being+at+home:+Race,+institutional+culture+and+transformation+at+South+African+higher+education+institutionandhl=enandsa=Xandved=0ahUKEwiPgsa6mpjjAhXNN8AKHbNwAtoQ6AEIKDAA
- Description: This edited work has gathered together contributions on how to transform universities in South Africa; as many are struggling to shift their institutional culture. In a South African context, transformation means to attempt to change higher education institutions such that they no longer reflect the values promoted by apartheid but rather reflect the values embodied in South Africa's 1996 Constitution. Institutional culture is the main subject for discussion in this book. In order to transform South Africa's universities, the contributors begin by analyzing the idea of what a university is, and relatedly, what its ideal aims are. A second theme is to understand what institutional culture is and how it functions. Moreover, transformation cannot occur without transforming the broader cultures of which they are a part. Related to this theme is a general concern about how contemporary moves towards the instrumentalization of higher education affect the ability to transform institutions. These institutions are being pushed to conform to goals that are outside the traditional idea of a university, such as concerns that universities are being 'bureaucratized' and becoming corporations, instead of a place of learning open to all. In conclusion it can be said that the contemporary South African academic community has an opportunity to recreate itself as the end of apartheid created space for engaging in transformative epistemic projects. The transformation of the tertiary sector entails a transformation of institutional cultures.
- Full Text:
- Date Issued: 2015
- Authors: Dass, Minesh
- Date: 2015
- Language: English
- Type: text , book
- Identifier: http://hdl.handle.net/10962/142108 , vital:38050 , ISBN 9781869142902 , https://books.google.co.za/books?id=49o8rgEACAAJanddq=Being+at+home:+Race,+institutional+culture+and+transformation+at+South+African+higher+education+institutionandhl=enandsa=Xandved=0ahUKEwiPgsa6mpjjAhXNN8AKHbNwAtoQ6AEIKDAA
- Description: This edited work has gathered together contributions on how to transform universities in South Africa; as many are struggling to shift their institutional culture. In a South African context, transformation means to attempt to change higher education institutions such that they no longer reflect the values promoted by apartheid but rather reflect the values embodied in South Africa's 1996 Constitution. Institutional culture is the main subject for discussion in this book. In order to transform South Africa's universities, the contributors begin by analyzing the idea of what a university is, and relatedly, what its ideal aims are. A second theme is to understand what institutional culture is and how it functions. Moreover, transformation cannot occur without transforming the broader cultures of which they are a part. Related to this theme is a general concern about how contemporary moves towards the instrumentalization of higher education affect the ability to transform institutions. These institutions are being pushed to conform to goals that are outside the traditional idea of a university, such as concerns that universities are being 'bureaucratized' and becoming corporations, instead of a place of learning open to all. In conclusion it can be said that the contemporary South African academic community has an opportunity to recreate itself as the end of apartheid created space for engaging in transformative epistemic projects. The transformation of the tertiary sector entails a transformation of institutional cultures.
- Full Text:
- Date Issued: 2015
From global to regional and back again: common climate stressors of marine ecosystems relevant for adaptation across five ocean warming hotspots
- Popova, Ekaterina, Yool, Andrew, Byfield, Valborg, Cochrane, Kevern, Coward, Andrew C, Salim, Shyam S, Gasalla, Maria A, Henson, S.A, Hobday, Alistair J, Pecl, Gretta T, Sauer, Warwick H H, Roberts, Michael J
- Authors: Popova, Ekaterina , Yool, Andrew , Byfield, Valborg , Cochrane, Kevern , Coward, Andrew C , Salim, Shyam S , Gasalla, Maria A , Henson, S.A , Hobday, Alistair J , Pecl, Gretta T , Sauer, Warwick H H , Roberts, Michael J
- Date: 2016
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/124514 , vital:35623 , https://doi.10.1111/gcb.13247
- Description: Ocean warming ‘hotspots’ are regions characterized by above-average temperature increases over recent years, for which there are significant consequences for both living marine resources and the societies that depend on them. As such, they represent early warning systems for understanding the impacts of marine climate change, and test-beds for developing adaptation options for coping with those impacts. Here, we examine five hotspots off the coasts of eastern Australia, South Africa, Madagascar, India and Brazil. These particular hotspots have underpinned a large international partnership that is working towards improving community adaptation by characterizing, assessing and projecting the likely future of coastal-marine food resources through the provision and sharing of knowledge. To inform this effort, we employ a high-resolution global ocean model forced by Representative Concentration Pathway 8.5 and simulated to year 2099. In addition to the sea surface temperature, we analyse projected stratification, nutrient supply, primary production, anthropogenic CO2-driven ocean acidification, deoxygenation and ocean circulation. Our simulation finds that the temperature-defined hotspots studied here will continue to experience warming but, with the exception of eastern Australia, may not remain the fastest warming ocean areas over the next century as the strongest warming is projected to occur in the subpolar and polar areas of the Northern Hemisphere. Additionally, we find that recent rapid change in SST is not necessarily an indicator that these areas are also hotspots of the other climatic stressors examined. However, a consistent facet of the hotspots studied here is that they are all strongly influenced by ocean circulation, which has already shown changes in the recent past and is projected to undergo further strong change into the future. In addition to the fast warming, change in local ocean circulation represents a distinct feature of present and future climate change impacting marine ecosystems in these areas.
- Full Text:
- Date Issued: 2016
- Authors: Popova, Ekaterina , Yool, Andrew , Byfield, Valborg , Cochrane, Kevern , Coward, Andrew C , Salim, Shyam S , Gasalla, Maria A , Henson, S.A , Hobday, Alistair J , Pecl, Gretta T , Sauer, Warwick H H , Roberts, Michael J
- Date: 2016
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/124514 , vital:35623 , https://doi.10.1111/gcb.13247
- Description: Ocean warming ‘hotspots’ are regions characterized by above-average temperature increases over recent years, for which there are significant consequences for both living marine resources and the societies that depend on them. As such, they represent early warning systems for understanding the impacts of marine climate change, and test-beds for developing adaptation options for coping with those impacts. Here, we examine five hotspots off the coasts of eastern Australia, South Africa, Madagascar, India and Brazil. These particular hotspots have underpinned a large international partnership that is working towards improving community adaptation by characterizing, assessing and projecting the likely future of coastal-marine food resources through the provision and sharing of knowledge. To inform this effort, we employ a high-resolution global ocean model forced by Representative Concentration Pathway 8.5 and simulated to year 2099. In addition to the sea surface temperature, we analyse projected stratification, nutrient supply, primary production, anthropogenic CO2-driven ocean acidification, deoxygenation and ocean circulation. Our simulation finds that the temperature-defined hotspots studied here will continue to experience warming but, with the exception of eastern Australia, may not remain the fastest warming ocean areas over the next century as the strongest warming is projected to occur in the subpolar and polar areas of the Northern Hemisphere. Additionally, we find that recent rapid change in SST is not necessarily an indicator that these areas are also hotspots of the other climatic stressors examined. However, a consistent facet of the hotspots studied here is that they are all strongly influenced by ocean circulation, which has already shown changes in the recent past and is projected to undergo further strong change into the future. In addition to the fast warming, change in local ocean circulation represents a distinct feature of present and future climate change impacting marine ecosystems in these areas.
- Full Text:
- Date Issued: 2016
Cultural values of natural resources among the San people neighbouring Kgalagadi Transfrontier Park, South Africa
- Thondhlana, Gladman, Shackleton, Sheona E
- Authors: Thondhlana, Gladman , Shackleton, Sheona E
- Date: 2015
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/67699 , vital:29131 , https://doi.org/10.1080/13549839.2013.818950
- Description: Publisher version , Globally, cultural values of natural resources are increasingly recognised as important for local natural resource management and conservation in and beyond parks. The tendency has been to focus on the direct-use rather than the cultural values and importance of natural resources. The cultural values underlying natural resources (directly or indirectly used) and various natural resource-based activities, and the implications for conservation, remain little explored. Drawing from household surveys, in-depth qualitative interviews, observations and secondary data, we explore the cultural significance of natural resources and different land-use practices among the San people bordering Kgalagadi Transfrontier Park in South Africa. Our findings illustrate that though cultural values are inextricably linked to resource use, they are not recognised by all community members. Further, cultural values arise from a diverse and sometimes conflicting array of values that punctuate individuals' lifestyles. A better understanding of context-specific cultural settings and the linkages between the cultural and material dimensions of resource use can lead to the development of interventions that can ensure effective conservation of both natural resources and culture.
- Full Text: false
- Date Issued: 2015
- Authors: Thondhlana, Gladman , Shackleton, Sheona E
- Date: 2015
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/67699 , vital:29131 , https://doi.org/10.1080/13549839.2013.818950
- Description: Publisher version , Globally, cultural values of natural resources are increasingly recognised as important for local natural resource management and conservation in and beyond parks. The tendency has been to focus on the direct-use rather than the cultural values and importance of natural resources. The cultural values underlying natural resources (directly or indirectly used) and various natural resource-based activities, and the implications for conservation, remain little explored. Drawing from household surveys, in-depth qualitative interviews, observations and secondary data, we explore the cultural significance of natural resources and different land-use practices among the San people bordering Kgalagadi Transfrontier Park in South Africa. Our findings illustrate that though cultural values are inextricably linked to resource use, they are not recognised by all community members. Further, cultural values arise from a diverse and sometimes conflicting array of values that punctuate individuals' lifestyles. A better understanding of context-specific cultural settings and the linkages between the cultural and material dimensions of resource use can lead to the development of interventions that can ensure effective conservation of both natural resources and culture.
- Full Text: false
- Date Issued: 2015
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