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
Are arts events a good way of augmenting the economic impact of sport?: The case of the 2010 FIFA world cup and the national arts festival in South Africa
- Authors: Snowball, Jeanette D
- Date: 2012
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/71430 , vital:29848 , https://econrsa.org/system/files/publications/working_papers/wp294.pdf
- Description: Despite the debate about whether arts consumers are also sports consumers, many countries have used cultural events to leverage further tourism spending from sports events, the most famous example being the cultural Olympics. This paper reports the findings of research conducted at the 2010 South African National Arts Festival, which was specifically timed to coincide with SoccerWorld Cup matches being played in a nearby city. Of the 600 interviews conducted with Festival-goers, only 23% reported also attending World Cup soccer matches. Regression analysis revealed that, while there is some overlap between arts and sports attendees, their demographics and consumption habits are significantly different. However, consumption outside of major events showed somewhat more overlap. This suggests that staging cultural events at the same time as major sporting events is not an ideal strategy, since they tend to compete with, rather than complement, each other.
- Full Text:
- Date Issued: 2012
- Authors: Snowball, Jeanette D
- Date: 2012
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/71430 , vital:29848 , https://econrsa.org/system/files/publications/working_papers/wp294.pdf
- Description: Despite the debate about whether arts consumers are also sports consumers, many countries have used cultural events to leverage further tourism spending from sports events, the most famous example being the cultural Olympics. This paper reports the findings of research conducted at the 2010 South African National Arts Festival, which was specifically timed to coincide with SoccerWorld Cup matches being played in a nearby city. Of the 600 interviews conducted with Festival-goers, only 23% reported also attending World Cup soccer matches. Regression analysis revealed that, while there is some overlap between arts and sports attendees, their demographics and consumption habits are significantly different. However, consumption outside of major events showed somewhat more overlap. This suggests that staging cultural events at the same time as major sporting events is not an ideal strategy, since they tend to compete with, rather than complement, each other.
- Full Text:
- Date Issued: 2012
White anti-racism in post-apartheid South Africa:
- Authors: Matthews, Sally
- Date: 2012
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/142361 , vital:38073 , DOI: 10.1080/02589346.2012.683938
- Description: South Africans today live not only with the memory of the racial injustices of the past, but also with present injustices that are a consequence of that past. How should white South Africans live with these past and present injustices? On recognition of the racial injustices of the past and of the continuation of forms of white privilege today, involvement in ongoing anti-racist struggles seems to be an appropriate way for white South Africans to respond to past and present injustices. However, some discussions of the way in which white privilege operates and is perpetuated in post-segregationist societies suggest the need for caution with regard to white involvement in anti-racist struggles, arguing that some of the ways in which white people involve themselves in apparently anti-racist work actually result in the perpetuation rather than the erosion of white privilege. This article explores concerns about the intractability of white privilege while also ultimately defending the appropriateness of white involvement in anti-racist struggles.
- Full Text:
- Date Issued: 2012
- Authors: Matthews, Sally
- Date: 2012
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/142361 , vital:38073 , DOI: 10.1080/02589346.2012.683938
- Description: South Africans today live not only with the memory of the racial injustices of the past, but also with present injustices that are a consequence of that past. How should white South Africans live with these past and present injustices? On recognition of the racial injustices of the past and of the continuation of forms of white privilege today, involvement in ongoing anti-racist struggles seems to be an appropriate way for white South Africans to respond to past and present injustices. However, some discussions of the way in which white privilege operates and is perpetuated in post-segregationist societies suggest the need for caution with regard to white involvement in anti-racist struggles, arguing that some of the ways in which white people involve themselves in apparently anti-racist work actually result in the perpetuation rather than the erosion of white privilege. This article explores concerns about the intractability of white privilege while also ultimately defending the appropriateness of white involvement in anti-racist struggles.
- Full Text:
- Date Issued: 2012
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