The recognition of unenumerated rights in South Africa
- Krüger, Rósaan, Govindjee, Avinash
- Authors: Krüger, Rósaan , Govindjee, Avinash
- Date: 2012
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/71093 , vital:29783 , https://hdl.handle.net/10520/EJC153177
- Description: In 1997 a South African man married a woman who, at the time of the conclusion of their marriage, was a national of a foreign country. The couple decided to set up home and start a family in South Africa. They were advised that the granting of a permanent residence permit to the wife would only be considered upon payment of a hefty application fee, and that she had to apply for the permit from outside South Africa. The couple was of the view that the high cost of the application coupled with their temporary separation at the time of the lodging of the application amounted to an unjustifiable limitation of their right to family life. One of the obstacles faced by the couple was the silence of the South Africa Constitution on the right to family life.
- Full Text: false
- Date Issued: 2012
- Authors: Krüger, Rósaan , Govindjee, Avinash
- Date: 2012
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/71093 , vital:29783 , https://hdl.handle.net/10520/EJC153177
- Description: In 1997 a South African man married a woman who, at the time of the conclusion of their marriage, was a national of a foreign country. The couple decided to set up home and start a family in South Africa. They were advised that the granting of a permanent residence permit to the wife would only be considered upon payment of a hefty application fee, and that she had to apply for the permit from outside South Africa. The couple was of the view that the high cost of the application coupled with their temporary separation at the time of the lodging of the application amounted to an unjustifiable limitation of their right to family life. One of the obstacles faced by the couple was the silence of the South Africa Constitution on the right to family life.
- Full Text: false
- Date Issued: 2012
The party-state in the land occupations of Zimbabwe: the case of Shamva district
- Bhatasara, Sandra, Helliker, Kirk D
- Authors: Bhatasara, Sandra , Helliker, Kirk D
- Date: 2018
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/71353 , vital:29836 , https://doi.org/10.1177/0021909616658316
- Description: There has been significant debate about the land occupations which occurred from the year 2000 in Zimbabwe, with a key controversy concerning the role of the state and ruling party (or party-state) in the occupations. This controversy, deriving from two grand narratives about the occupations, remains unresolved. A burgeoning literature exists on the Zimbabwean state’s fast-track land reform programme, which arose in the context of the occupations, but this literature is concerned mainly with post-occupation developments on fast-track farms. This article seeks to contribute to resolving the controversy surrounding the party-state and the land occupations by examining the occupations in the Shamva District of Mashonaland Central Province. The fieldwork for our Shamva study focused exclusively on the land occupations (and not on the fast-track farms) and was undertaken in May 2015. We conclude from our Shamva study that involvement by the party-state did not take on an institutionalised form but was of a personalised character entailing interventions by specific party and state actors.
- Full Text: false
- Date Issued: 2018
- Authors: Bhatasara, Sandra , Helliker, Kirk D
- Date: 2018
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/71353 , vital:29836 , https://doi.org/10.1177/0021909616658316
- Description: There has been significant debate about the land occupations which occurred from the year 2000 in Zimbabwe, with a key controversy concerning the role of the state and ruling party (or party-state) in the occupations. This controversy, deriving from two grand narratives about the occupations, remains unresolved. A burgeoning literature exists on the Zimbabwean state’s fast-track land reform programme, which arose in the context of the occupations, but this literature is concerned mainly with post-occupation developments on fast-track farms. This article seeks to contribute to resolving the controversy surrounding the party-state and the land occupations by examining the occupations in the Shamva District of Mashonaland Central Province. The fieldwork for our Shamva study focused exclusively on the land occupations (and not on the fast-track farms) and was undertaken in May 2015. We conclude from our Shamva study that involvement by the party-state did not take on an institutionalised form but was of a personalised character entailing interventions by specific party and state actors.
- Full Text: false
- Date Issued: 2018
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
Nature and source of suspended particulate matter and detritus along an austral temperate river–estuary continuum, assessed using stable isotope analysis
- Dalu, Tatenda, Richoux, Nicole B, Froneman, P William
- Authors: Dalu, Tatenda , Richoux, Nicole B , Froneman, P William
- Date: 2016
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/68012 , vital:29181 , https://doi.org/10.1007/s10750-015-2480-1
- Description: Publisher version , Ecologists are interested in the factors that control, and the variability in, the contributions of different sources to mixed organic materials travelling through lotic systems. We hypothesized that the source matter fuelling mixed organic pools in a river–estuary continuum varies over space and time. Samples of the mixed organic pools were collected along a small temperate river (Kowie River) in southern Africa during early and late spring, summer and winter. The C:N ratios of suspended particulate matter (SPM) collected during summer and winter indicated that the lower reaches of the system had similar organic matter contributions. Stable isotope analysis in R revealed that aquatic macrophytes were significant contributors to SPM in the upper reaches. Bulk detritus had large allochthonous matter components in the lower reaches, and contributions of aquatic macrophytes and benthic algae were high (>50%) in the upper to middle reaches. The evaluation of organic matter contributions to SPM and detritus along the river–estuary continuum provided a baseline assessment of the nature and sources of potential food for consumers inhabiting different locations during different seasons. Incorporating SPM and detritus spatio-temporal variations in food web studies will improve our understanding of carbon flow in aquatic systems.
- Full Text: false
- Date Issued: 2016
- Authors: Dalu, Tatenda , Richoux, Nicole B , Froneman, P William
- Date: 2016
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/68012 , vital:29181 , https://doi.org/10.1007/s10750-015-2480-1
- Description: Publisher version , Ecologists are interested in the factors that control, and the variability in, the contributions of different sources to mixed organic materials travelling through lotic systems. We hypothesized that the source matter fuelling mixed organic pools in a river–estuary continuum varies over space and time. Samples of the mixed organic pools were collected along a small temperate river (Kowie River) in southern Africa during early and late spring, summer and winter. The C:N ratios of suspended particulate matter (SPM) collected during summer and winter indicated that the lower reaches of the system had similar organic matter contributions. Stable isotope analysis in R revealed that aquatic macrophytes were significant contributors to SPM in the upper reaches. Bulk detritus had large allochthonous matter components in the lower reaches, and contributions of aquatic macrophytes and benthic algae were high (>50%) in the upper to middle reaches. The evaluation of organic matter contributions to SPM and detritus along the river–estuary continuum provided a baseline assessment of the nature and sources of potential food for consumers inhabiting different locations during different seasons. Incorporating SPM and detritus spatio-temporal variations in food web studies will improve our understanding of carbon flow in aquatic systems.
- Full Text: false
- Date Issued: 2016
Group work as 'terrains of learning' for students in South African higher education
- Thondhlana, Gladman, Belluigi, Dina Z
- Authors: Thondhlana, Gladman , Belluigi, Dina Z
- Date: 2014
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/67636 , vital:29123 , https://journals.co.za/content/persed/32/4/EJC164258
- Description: Publisher version , A common global perception of group work in the higher education context is that it has the potential to act as a platform which can enable student learning by means of interactions, shared diverse experiences, deep engagement with subject concepts and the achievement of tasks collaboratively. Indeed, in different socio-economic, historical and institutional contexts, group work activities have become levers by which deeper learning could be achieved. Drawing on perceptions and experiences of group work among environmental science students at a South African university, we investigate the ways in which group work could be more expansively viewed as 'terrains of learning' for students. The results in general indicate that students have positive perceptions and experiences of group work, though problematic elements are evident. This particular case study points to the attention that should be paid to understanding issues of background, ethnicity and various student personalities which could hinder or enable the desired student learning. Such an understanding could contribute to debates regarding the achievement of higher quality learning, given issues of diversity and transformation in the South African higher education context.
- Full Text: false
- Date Issued: 2014
- Authors: Thondhlana, Gladman , Belluigi, Dina Z
- Date: 2014
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/67636 , vital:29123 , https://journals.co.za/content/persed/32/4/EJC164258
- Description: Publisher version , A common global perception of group work in the higher education context is that it has the potential to act as a platform which can enable student learning by means of interactions, shared diverse experiences, deep engagement with subject concepts and the achievement of tasks collaboratively. Indeed, in different socio-economic, historical and institutional contexts, group work activities have become levers by which deeper learning could be achieved. Drawing on perceptions and experiences of group work among environmental science students at a South African university, we investigate the ways in which group work could be more expansively viewed as 'terrains of learning' for students. The results in general indicate that students have positive perceptions and experiences of group work, though problematic elements are evident. This particular case study points to the attention that should be paid to understanding issues of background, ethnicity and various student personalities which could hinder or enable the desired student learning. Such an understanding could contribute to debates regarding the achievement of higher quality learning, given issues of diversity and transformation in the South African higher education context.
- Full Text: false
- Date Issued: 2014
Exploring the nature of disciplinary teaching and learning using Legitimation Code Theory Semantics
- Authors: Clarence, Sherran
- Date: 2016
- Language: English
- Type: article , text
- Identifier: http://hdl.handle.net/10962/61314 , vital:28014 , https://doi.org/10.1080/13562517.2015.1115972
- Full Text: false
- Date Issued: 2016
- Authors: Clarence, Sherran
- Date: 2016
- Language: English
- Type: article , text
- Identifier: http://hdl.handle.net/10962/61314 , vital:28014 , https://doi.org/10.1080/13562517.2015.1115972
- Full Text: false
- 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
A case study of the opportunities and trade-offs associated with deproclamation of a protected area following a land claim in South Africa
- Krüger, Ruth, Cundill, Georgina, Thondhlana, Gladman
- Authors: Krüger, Ruth , Cundill, Georgina , Thondhlana, Gladman
- Date: 2016
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/67791 , vital:29145 , https://doi.org/10.1080/13549839.2015.1065804
- Description: Publisher version , Reconciling conservation and social justice imperatives is a major challenge facing many postcolonial states worldwide. Where historically disenfranchised communities have laid legal claim to protected areas, the typical resolution has been collaborative management agreements between the state and claimant communities. The real outcomes of such strategies for people and ecosystems have been seriously questioned, although alternative approaches are seldom explored. Here, we reflect on one such alternative that was pursued in a case in South Africa, where the land was handed back to the community and a replacement protected area created. Our objective was to explore the opportunities and trade-offs associated with this approach for communities and conservation agencies alike, and to compare these to typical collaborative management outcomes. Methods included key informant interviews, focus group discussions and household surveys. We find that, surprisingly, this approach created more benefits for the conservation agency than for claimant communities. Indeed, the community experiences bore a striking resemblance to those experienced in collaborative management settings: intra-community conflict, confusion over leadership and serious questions about the boundaries of the “community”. Processes aimed at redressing past injustice in disputes over conservation land, regardless of the approach adopted, must bring with them a strong commitment to building institutional and leadership capacities within communities, and pay serious attention to the ways in which equity and social justice can be fostered after the settlement of a land claim. Settlement agreements are frequently treated as the final step towards social justice, but are in fact just the beginning.
- Full Text: false
- Date Issued: 2016
- Authors: Krüger, Ruth , Cundill, Georgina , Thondhlana, Gladman
- Date: 2016
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/67791 , vital:29145 , https://doi.org/10.1080/13549839.2015.1065804
- Description: Publisher version , Reconciling conservation and social justice imperatives is a major challenge facing many postcolonial states worldwide. Where historically disenfranchised communities have laid legal claim to protected areas, the typical resolution has been collaborative management agreements between the state and claimant communities. The real outcomes of such strategies for people and ecosystems have been seriously questioned, although alternative approaches are seldom explored. Here, we reflect on one such alternative that was pursued in a case in South Africa, where the land was handed back to the community and a replacement protected area created. Our objective was to explore the opportunities and trade-offs associated with this approach for communities and conservation agencies alike, and to compare these to typical collaborative management outcomes. Methods included key informant interviews, focus group discussions and household surveys. We find that, surprisingly, this approach created more benefits for the conservation agency than for claimant communities. Indeed, the community experiences bore a striking resemblance to those experienced in collaborative management settings: intra-community conflict, confusion over leadership and serious questions about the boundaries of the “community”. Processes aimed at redressing past injustice in disputes over conservation land, regardless of the approach adopted, must bring with them a strong commitment to building institutional and leadership capacities within communities, and pay serious attention to the ways in which equity and social justice can be fostered after the settlement of a land claim. Settlement agreements are frequently treated as the final step towards social justice, but are in fact just the beginning.
- Full Text: false
- Date Issued: 2016
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