Mortgage bonds and the right of access to adequate housing in South Africa: Gundwana v Stoke Development and Others 2011 (3) SA 608 (CC)
- Authors: Juma, Laurence
- Date: 2012
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/127479 , vital:36015 , https://hdl.handle.net/10520/EJC129329
- Description: This article offers a critique of Gundwana v Stoke Development and Others 2011 (3) SA 608 (CC), a case in which the Constitutional Court of South Africa found it to be unconstitutional for the registrar of a high court to declare immovable properties specially executable when ordering a default judgement, to the extent that such an order "permitted the sale and execution of a home of a person". The Court interpreted the property clause in section 25, access to right to housing in section 26 of the Constitution, as mandating "further judicial oversight" in all cases where execution is levied against residential property. The article raises some of the shortcomings of this interpretive scheme and suggests that constitutional values, when used to curtail or enlarge obligations of parties to a mortgage bond, must take into account the general rights and duties which the parties assumed at the signing of the agreement; the circumstances of each of the parties at the time of execution and ascertained through a careful evaluation based on a clearly articulated set of principles, and the nature of constitutional rights themselves. The article argues that, whereas there may be circumstances in which a debtor may need protection, rather than impose a blanket abrogation of procedures allowing for expedient disposal of uncontested claims, the court should instead have considered the establishment of further procedural safeguards.
- Full Text: false
- Date Issued: 2012
- Authors: Juma, Laurence
- Date: 2012
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/127479 , vital:36015 , https://hdl.handle.net/10520/EJC129329
- Description: This article offers a critique of Gundwana v Stoke Development and Others 2011 (3) SA 608 (CC), a case in which the Constitutional Court of South Africa found it to be unconstitutional for the registrar of a high court to declare immovable properties specially executable when ordering a default judgement, to the extent that such an order "permitted the sale and execution of a home of a person". The Court interpreted the property clause in section 25, access to right to housing in section 26 of the Constitution, as mandating "further judicial oversight" in all cases where execution is levied against residential property. The article raises some of the shortcomings of this interpretive scheme and suggests that constitutional values, when used to curtail or enlarge obligations of parties to a mortgage bond, must take into account the general rights and duties which the parties assumed at the signing of the agreement; the circumstances of each of the parties at the time of execution and ascertained through a careful evaluation based on a clearly articulated set of principles, and the nature of constitutional rights themselves. The article argues that, whereas there may be circumstances in which a debtor may need protection, rather than impose a blanket abrogation of procedures allowing for expedient disposal of uncontested claims, the court should instead have considered the establishment of further procedural safeguards.
- Full Text: false
- Date Issued: 2012
From the grave to the cradle : the possibility of post-mortem gamete retrieval and reproduction in South Africa
- Authors: Kruuse, Helen
- Date: 2012
- Language: English
- Type: Article
- Identifier: vital:24533 , http://hdl.handle.net/10962/36254 , http://www.tandfonline.com/doi/abs/10.1080/19962126.2012.11865059
- Description: The development of reproductive technologies in the last century, such as effective contraceptive methods, artificial insemination, pre-implantation genetic diagnosis, amongst others, has fundamentally reshaped traditional concepts of reproduction parenthood and has raised practical and ethical concerns. This article describes one such development, namely, post-mortem gamete retrieval (PMGR) for the purposes of posthumous reproduction. In exploring the particular concerns arising from this technology, I argue that South Africa lacks a coherent, considered approach to the issue. In considering models adopted in overseas jurisdictions, and the various bases for the legalisation of such a procedure, I adopt an interest theory of rights to argue for restricted access to such a technology in suitable circumstances.
- Full Text:
- Date Issued: 2012
- Authors: Kruuse, Helen
- Date: 2012
- Language: English
- Type: Article
- Identifier: vital:24533 , http://hdl.handle.net/10962/36254 , http://www.tandfonline.com/doi/abs/10.1080/19962126.2012.11865059
- Description: The development of reproductive technologies in the last century, such as effective contraceptive methods, artificial insemination, pre-implantation genetic diagnosis, amongst others, has fundamentally reshaped traditional concepts of reproduction parenthood and has raised practical and ethical concerns. This article describes one such development, namely, post-mortem gamete retrieval (PMGR) for the purposes of posthumous reproduction. In exploring the particular concerns arising from this technology, I argue that South Africa lacks a coherent, considered approach to the issue. In considering models adopted in overseas jurisdictions, and the various bases for the legalisation of such a procedure, I adopt an interest theory of rights to argue for restricted access to such a technology in suitable circumstances.
- Full Text:
- Date Issued: 2012
Feminist health psychology and abortion : towards a politics of transversal relations of commonality
- Authors: Macleod, Catriona I
- Date: 2012
- Language: English
- Type: Text
- Identifier: vital:6303 , http://hdl.handle.net/10962/d1015959
- Description: In 1992 Speckhard and Rue argued in the Journal of Social Issues for the recognition of a diagnostic category, post-abortion syndrome (PAS). This term was first used in 1981 by Vincent Rue in testimony to the American Congress, but was only formalised in a published paper a decade later. Speckhard and Rue (1992) posit that abortion is a psychosocial stressor that may cause mild distress through to severe trauma, creating the need for a continuum of categories, these being post-abortion distress, post-abortion syndrome and post-abortion psychosis. PAS, which is the main focus of their paper, and which has taken root in some professional language as well as lay anti-abortion discourse, is described as a type of post-traumatic stress disorder.
- Full Text:
- Date Issued: 2012
Feminist health psychology and abortion : towards a politics of transversal relations of commonality
- Authors: Macleod, Catriona I
- Date: 2012
- Language: English
- Type: Text
- Identifier: vital:6303 , http://hdl.handle.net/10962/d1015959
- Description: In 1992 Speckhard and Rue argued in the Journal of Social Issues for the recognition of a diagnostic category, post-abortion syndrome (PAS). This term was first used in 1981 by Vincent Rue in testimony to the American Congress, but was only formalised in a published paper a decade later. Speckhard and Rue (1992) posit that abortion is a psychosocial stressor that may cause mild distress through to severe trauma, creating the need for a continuum of categories, these being post-abortion distress, post-abortion syndrome and post-abortion psychosis. PAS, which is the main focus of their paper, and which has taken root in some professional language as well as lay anti-abortion discourse, is described as a type of post-traumatic stress disorder.
- Full Text:
- Date Issued: 2012
Violence and the cultural logics of pain: representations of sexuality in the work of Nicholas Hlobo and Zanele Muholi
- Authors: Makhubu, Nomusa
- Date: 2012
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/147814 , vital:38675 , https://0-doi.org.wam.seals.ac.za/10.1080/02560046.2012.723843
- Description: Nicholas Hlobo and Zanele Muholi have raised critical issues regarding sexual identity in patriarchal contexts since they premiered at the Michael Stevenson Gallery in 2005. Nicholas Hlobo, a sculptor and performance artist, and Zanele Muholi, a photographer and activist, explore different ways of representing sexuality – in particular, homosexuality. Hlobo investigates notions of masculinity and the practice of circumcision, while Muholi documents the existence of transgender and homosexuality in township spaces (her recent work expands to various other spaces). This article focuses on the roles that violence plays in the sexual politics represented in Hlobo and Muholi’s work.
- Full Text:
- Date Issued: 2012
- Authors: Makhubu, Nomusa
- Date: 2012
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/147814 , vital:38675 , https://0-doi.org.wam.seals.ac.za/10.1080/02560046.2012.723843
- Description: Nicholas Hlobo and Zanele Muholi have raised critical issues regarding sexual identity in patriarchal contexts since they premiered at the Michael Stevenson Gallery in 2005. Nicholas Hlobo, a sculptor and performance artist, and Zanele Muholi, a photographer and activist, explore different ways of representing sexuality – in particular, homosexuality. Hlobo investigates notions of masculinity and the practice of circumcision, while Muholi documents the existence of transgender and homosexuality in township spaces (her recent work expands to various other spaces). This article focuses on the roles that violence plays in the sexual politics represented in Hlobo and Muholi’s work.
- Full Text:
- Date Issued: 2012
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