Drawing Lines in the Sand: AM v RM 2010 2 SA 223 (ECP)
- Authors: Kruuse, Helen
- Date: 2009
- Language: English
- Type: Article , text
- Identifier: http://hdl.handle.net/10962/54107 , vital:26391 , http://www.ufh.ac.za/speculumjuris/files/pdf/SpeculumJuris_2009_Part_2.pdf
- Description: Judge Elna Revelas’s decision in the case of Mohamed v Mohamed 1 may be described as one of those run-of-the-mill applications in terms of rule 43 which are routinely heard on motion court days in any one of our high courts across the country. This case note suggests that her decision belies such a description. Instead, this note suggests that her decision marks a move away from existing jurisprudence on Muslim marriages in a way which may undermine, rather than promote, the recognition and respect for the marriage institutions of different religious systems and beliefs. I tentatively suggest that by granting the rule 43 application the court may have effectively imposed civil marriage obligations on a religious marriage even though the parties had not concluded a marriage in terms of the Marriage Act.2 As such, the decision has potentially radical consequences for parties in Muslim marriages and highlights the complex issues that courts have had to face in the last two decades without any guiding legislation. In order to understand the judgment properly, its context has to be considered. This context includes (1) the numerous judgments extending protection to women in Muslim marriages in the last two decades against the backdrop of the coming into effect of the Constitution of the Republic of South Africa, 1996; and (2) the application by the Women’s Legal Centre Trust (hereafter “WLCT”) to the Constitutional Court to force the President and Parliament to enact legislation to recognise and protect Muslim marriages.
- Full Text:
- Date Issued: 2009
- Authors: Kruuse, Helen
- Date: 2009
- Language: English
- Type: Article , text
- Identifier: http://hdl.handle.net/10962/54107 , vital:26391 , http://www.ufh.ac.za/speculumjuris/files/pdf/SpeculumJuris_2009_Part_2.pdf
- Description: Judge Elna Revelas’s decision in the case of Mohamed v Mohamed 1 may be described as one of those run-of-the-mill applications in terms of rule 43 which are routinely heard on motion court days in any one of our high courts across the country. This case note suggests that her decision belies such a description. Instead, this note suggests that her decision marks a move away from existing jurisprudence on Muslim marriages in a way which may undermine, rather than promote, the recognition and respect for the marriage institutions of different religious systems and beliefs. I tentatively suggest that by granting the rule 43 application the court may have effectively imposed civil marriage obligations on a religious marriage even though the parties had not concluded a marriage in terms of the Marriage Act.2 As such, the decision has potentially radical consequences for parties in Muslim marriages and highlights the complex issues that courts have had to face in the last two decades without any guiding legislation. In order to understand the judgment properly, its context has to be considered. This context includes (1) the numerous judgments extending protection to women in Muslim marriages in the last two decades against the backdrop of the coming into effect of the Constitution of the Republic of South Africa, 1996; and (2) the application by the Women’s Legal Centre Trust (hereafter “WLCT”) to the Constitutional Court to force the President and Parliament to enact legislation to recognise and protect Muslim marriages.
- Full Text:
- Date Issued: 2009
Site of struggle: the Freedom Park fracas and the divisive legacy of South Africa’s Border War/Liberation Struggle
- Authors: Baines, Gary F
- Date: 2010
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/126954 , vital:35938 , https://doi.10.1080/02533950903076428
- Description: In South Africa, Carcharias taurus is commonly known as the ragged-tooth shark or raggie. The species is also referred to as the sand-tiger shark in North America and as the grey-nurse shark in Australia. It is a long-lived species with an estimated longevity of up to 40 years (Goldman 2002). Female sharks reach sexual maturity at approximately 10 years (Goldman 2002), and they exhibit a biennial reproductive cycle (Branstetter and Musick 1994, Lucifora et al. 2002, G Cliff, Natal Sharks Board, unpublished data). Intra-uterine cannibalisation results in a maximum fecundity of two pups per litter after a gestation period of approximately 9–12 months (Bass et al. 1975, Gilmore et al. 1983). These life-history characteristics make this species particularly susceptible to overexploitation.
- Full Text:
- Date Issued: 2010
- Authors: Baines, Gary F
- Date: 2010
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/126954 , vital:35938 , https://doi.10.1080/02533950903076428
- Description: In South Africa, Carcharias taurus is commonly known as the ragged-tooth shark or raggie. The species is also referred to as the sand-tiger shark in North America and as the grey-nurse shark in Australia. It is a long-lived species with an estimated longevity of up to 40 years (Goldman 2002). Female sharks reach sexual maturity at approximately 10 years (Goldman 2002), and they exhibit a biennial reproductive cycle (Branstetter and Musick 1994, Lucifora et al. 2002, G Cliff, Natal Sharks Board, unpublished data). Intra-uterine cannibalisation results in a maximum fecundity of two pups per litter after a gestation period of approximately 9–12 months (Bass et al. 1975, Gilmore et al. 1983). These life-history characteristics make this species particularly susceptible to overexploitation.
- Full Text:
- Date Issued: 2010
Effect of laundry activities on in-stream concentrations of linear alkylbenzene sulfonate in a small rural South African river
- Gordon, Andrew K, Muller, Wilhelmine J, Gysman, N, Marshall, S J, Sparham, C J, O'Connor, S M, Whelan, M J
- Authors: Gordon, Andrew K , Muller, Wilhelmine J , Gysman, N , Marshall, S J , Sparham, C J , O'Connor, S M , Whelan, M J
- Date: 2009
- Language: English
- Type: text , Article
- Identifier: vital:7094 , http://hdl.handle.net/10962/d1012427
- Description: In many parts of the world clothes are washed near to or in rivers and streams. Little information is available on resulting concentrations of detergent ingredients or on any potential effects caused. In this study, the fate of a commonly used anionic surfactant, linear alkylbenzene sulphonate (LAS) was investigated in a reach of the Balfour River (Eastern Cape Province, South Africa) which was regularly used as a site for laundry activity. Samples of river water were collected upstream of the main washing site and at a number of locations downstream on several occasions in winter and summer. Sediment samples were also collected and analysed. In addition, a household survey was conducted to ascertain the amount of detergent used and the distribution of washing practices. The results of the survey suggested that the use of riverside locations for laundry activities was seasonal. Most washing tended to be done at home during the winter with riverside sites used more frequently during the summer months. The monitoring data showed that LAS concentrations in water were very variable. They were occasionally high in the immediate vicinity of the laundry site (up to 342 µg L− 1) but were generally very low (< 11 µg L− 1) at downstream monitoring stations, suggesting that LAS was rapidly dissipated by a combination of degradation, hydrodynamic dispersion and dilution. Concentrations in the immediate vicinity of the washing site were lower than expected on the basis of the household survey because most waste water was disposed of on the river bank rather than directly in the river. No ecological effects are expected from LAS emissions at this site.
- Full Text:
- Date Issued: 2009
- Authors: Gordon, Andrew K , Muller, Wilhelmine J , Gysman, N , Marshall, S J , Sparham, C J , O'Connor, S M , Whelan, M J
- Date: 2009
- Language: English
- Type: text , Article
- Identifier: vital:7094 , http://hdl.handle.net/10962/d1012427
- Description: In many parts of the world clothes are washed near to or in rivers and streams. Little information is available on resulting concentrations of detergent ingredients or on any potential effects caused. In this study, the fate of a commonly used anionic surfactant, linear alkylbenzene sulphonate (LAS) was investigated in a reach of the Balfour River (Eastern Cape Province, South Africa) which was regularly used as a site for laundry activity. Samples of river water were collected upstream of the main washing site and at a number of locations downstream on several occasions in winter and summer. Sediment samples were also collected and analysed. In addition, a household survey was conducted to ascertain the amount of detergent used and the distribution of washing practices. The results of the survey suggested that the use of riverside locations for laundry activities was seasonal. Most washing tended to be done at home during the winter with riverside sites used more frequently during the summer months. The monitoring data showed that LAS concentrations in water were very variable. They were occasionally high in the immediate vicinity of the laundry site (up to 342 µg L− 1) but were generally very low (< 11 µg L− 1) at downstream monitoring stations, suggesting that LAS was rapidly dissipated by a combination of degradation, hydrodynamic dispersion and dilution. Concentrations in the immediate vicinity of the washing site were lower than expected on the basis of the household survey because most waste water was disposed of on the river bank rather than directly in the river. No ecological effects are expected from LAS emissions at this site.
- Full Text:
- Date Issued: 2009
Cretaceous erosion in central South Africa: evidence from upper-crustal xenoliths in kimberlite diatremes
- Hanson, E Kelsey, Moore, John M, Bordy, Emese M, Marsh, Julian S, Howarth, G, Robey, J V A
- Authors: Hanson, E Kelsey , Moore, John M , Bordy, Emese M , Marsh, Julian S , Howarth, G , Robey, J V A
- Date: 2009
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/144978 , vital:38397 , https://doi.org/10.2113/gssajg.112.2.125
- Description: Twelve Group II and fourteen Group I kimberlite diatremes in central South Africa were examined for upper crustal xenoliths in order to estimate the extent of various lithological units of the Karoo Supergroup in the main Karoo basin at times of kimberlite eruption, the Cretaceous erosional history of the area, and the approximate vertical extent of the kimberlite diatremes prior to erosion. Sandstone and amygdaloidal basaltic lava xenoliths from the Karoo Supergroup were specifically selected as their modal mineralogies and geochemical compositions respectively can be attributed to specific stratigraphic positions within the Karoo Supergroup. Results indicated that, at the time of Group II kimberlite eruption (120 Ma), basaltic lavas of the Drakensberg Group covered the entire area, but by the time of Group I kimberlite eruption (85 Ma), they were restricted to the south-eastern half of the study area.
- Full Text:
- Date Issued: 2009
- Authors: Hanson, E Kelsey , Moore, John M , Bordy, Emese M , Marsh, Julian S , Howarth, G , Robey, J V A
- Date: 2009
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/144978 , vital:38397 , https://doi.org/10.2113/gssajg.112.2.125
- Description: Twelve Group II and fourteen Group I kimberlite diatremes in central South Africa were examined for upper crustal xenoliths in order to estimate the extent of various lithological units of the Karoo Supergroup in the main Karoo basin at times of kimberlite eruption, the Cretaceous erosional history of the area, and the approximate vertical extent of the kimberlite diatremes prior to erosion. Sandstone and amygdaloidal basaltic lava xenoliths from the Karoo Supergroup were specifically selected as their modal mineralogies and geochemical compositions respectively can be attributed to specific stratigraphic positions within the Karoo Supergroup. Results indicated that, at the time of Group II kimberlite eruption (120 Ma), basaltic lavas of the Drakensberg Group covered the entire area, but by the time of Group I kimberlite eruption (85 Ma), they were restricted to the south-eastern half of the study area.
- Full Text:
- Date Issued: 2009
Intellectual challenge is as necessary as breathing: an interview with Laurence Wright
- Authors: Wright, Laurence , Pearce, B
- Date: 2009
- Language: English
- Type: text , Article
- Identifier: vital:7059 , http://hdl.handle.net/10962/d1007422
- Description: Professor Laurence Wright is Director of the Institute for the Study of English in Africa at Rhodes University. In 2009, he will have completed 25 years of research, teaching and scholarship at Rhodes University and this interview marks the occasion. A Rhodes Scholar and a Commonwealth Scholar, he studied at the universities of Rhodes, Warwick and Oxford. He is also Honorary Life President of the Shakespeare Society of Southern Africa. He has published widely in literary studies and is the Managing Editor of two academic journals as well as of the poetry magazine New Coin. He currently serves on the Council of the English Academy and is a co-opted member of the English National Language Body. He has taken a broad interest in the role of English in this country, ranging from language policy and teacher education matters, to archival research and the role of the humanities in public life. I thought that it would be worthwhile to interview him as his knowledge of literature is substantial, while his incisive and engaging thoughts on a range of topics are worth hearing. The interview was conducted intermittently by email between July and October, 2008.
- Full Text:
- Date Issued: 2009
- Authors: Wright, Laurence , Pearce, B
- Date: 2009
- Language: English
- Type: text , Article
- Identifier: vital:7059 , http://hdl.handle.net/10962/d1007422
- Description: Professor Laurence Wright is Director of the Institute for the Study of English in Africa at Rhodes University. In 2009, he will have completed 25 years of research, teaching and scholarship at Rhodes University and this interview marks the occasion. A Rhodes Scholar and a Commonwealth Scholar, he studied at the universities of Rhodes, Warwick and Oxford. He is also Honorary Life President of the Shakespeare Society of Southern Africa. He has published widely in literary studies and is the Managing Editor of two academic journals as well as of the poetry magazine New Coin. He currently serves on the Council of the English Academy and is a co-opted member of the English National Language Body. He has taken a broad interest in the role of English in this country, ranging from language policy and teacher education matters, to archival research and the role of the humanities in public life. I thought that it would be worthwhile to interview him as his knowledge of literature is substantial, while his incisive and engaging thoughts on a range of topics are worth hearing. The interview was conducted intermittently by email between July and October, 2008.
- Full Text:
- Date Issued: 2009
'Committed, motivated and joyful?'Job satisfaction and organisational commitment of managers at a South African public utility:
- Authors: Snowball, Jeanette D
- Date: 2017
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/70495 , vital:29667 , https://doi.org/10.1080/09548963.2017.1380706
- Description: The cultural and creative industries (CCIs) have been hailed as offering great potential to create jobs and to be socially inclusive. Since artistic success is defined by individual talent, or merit, the CCIs should be one sector that is especially open to, and appreciative of, social diversity in terms of race, class, cultural group and gender. However, as expected, recent studies in both the UK and the US have revealed that employment in the CCIs is heavily dominated by the middle classes, and is not as diverse in terms of other characteristics. Since the advent of democracy in South Africa in 1994, transformation of firm ownership, previously dominated by white people, to include more black, coloured and Indian/Asian-origin South Africans, has been an important part of achieving greater economic equality and social cohesion, as well as being more representative of the cultures of the majority of the population. Using data from a survey of 2400 CCIs firms in South Africa, this paper examines the extent to which the CCIs in South Africa have transformed in terms of ownership and employment. Comparisons are also made across the six UNESCO [(2009). Framework for cultural statistics. UNESCO Institute for Statistics. Retrieved from http://www.uis.unesco.org/culture/Pages/framework-cultural-statistics.aspx] “Cultural Domains” in terms of ownership, average monthly turnover and the number of full-time, part-time and contract employees. Results show some diversity in the industry, but significant differences between the Domains. Statistical analysis demonstrates that CCI funding policy in South Africa is sensitive to advancing the transformation agenda in that more transformed firms were shown to be more likely to have received some form of government grant as part of their income.
- Full Text:
- Date Issued: 2017
- Authors: Snowball, Jeanette D
- Date: 2017
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/70495 , vital:29667 , https://doi.org/10.1080/09548963.2017.1380706
- Description: The cultural and creative industries (CCIs) have been hailed as offering great potential to create jobs and to be socially inclusive. Since artistic success is defined by individual talent, or merit, the CCIs should be one sector that is especially open to, and appreciative of, social diversity in terms of race, class, cultural group and gender. However, as expected, recent studies in both the UK and the US have revealed that employment in the CCIs is heavily dominated by the middle classes, and is not as diverse in terms of other characteristics. Since the advent of democracy in South Africa in 1994, transformation of firm ownership, previously dominated by white people, to include more black, coloured and Indian/Asian-origin South Africans, has been an important part of achieving greater economic equality and social cohesion, as well as being more representative of the cultures of the majority of the population. Using data from a survey of 2400 CCIs firms in South Africa, this paper examines the extent to which the CCIs in South Africa have transformed in terms of ownership and employment. Comparisons are also made across the six UNESCO [(2009). Framework for cultural statistics. UNESCO Institute for Statistics. Retrieved from http://www.uis.unesco.org/culture/Pages/framework-cultural-statistics.aspx] “Cultural Domains” in terms of ownership, average monthly turnover and the number of full-time, part-time and contract employees. Results show some diversity in the industry, but significant differences between the Domains. Statistical analysis demonstrates that CCI funding policy in South Africa is sensitive to advancing the transformation agenda in that more transformed firms were shown to be more likely to have received some form of government grant as part of their income.
- Full Text:
- Date Issued: 2017
Municipal commonage policy and livestock owners : findings from the Eastern Cape, South Africa
- Davenport, Nicholas A, Gambiza, James
- Authors: Davenport, Nicholas A , Gambiza, James
- Date: 2009
- Language: English
- Type: Article
- Identifier: vital:6628 , http://hdl.handle.net/10962/d1006820
- Description: The new African National Congress government announced after 1994 that municipal commonage would be a pillar of their land reform programme. The Department of Land Affairs spearheaded this by acquiring new land to complement the existing ‘old’ commonages. The aim of old commonage was to supplement the income of poor urban residents through the subsistence user system whereas new commonage was intended as a ‘stepping stone’ for emergent farmers. We investigated the differences between old and new commonage farmers as well as how they perceived the Makana local municipality's capacity to manage the commonage. The results showed that local institutions were weak. Only 46% of the old commonage farmers were members of a local livestock association whereas 74% of the new commonage farmers were members. Most old commonage farmers (59%) were dissatisfied with local government's management of the commonage. In contrast, only 37% of the new commonage farmers were dissatisfied with the management of the commonage. There were no differences between old and new commonage farmers in terms of livestock owners’ characteristics and mean annual net direct-use value of livestock. There were also no differences in the age of the two types of commonage farmers. Furthermore, there was no association between the type of commonage and level of education. The mean annual net direct-use value of livestock on old commonage was R6308 compared with R9707 on new commonage. Although the income from livestock for new commonage farmers varied slightly from that of old commonage farmers, the annual productive output per farmer on old commonage was R473 ha−1, three times higher than that of new commonage farmers which was R134 ha−1. We suggest that new land policy legislation is needed in which poverty as well as the legal arrangements between all stakeholders is clearly defined. Furthermore, national departments need to be more involved with local municipalities to increase local management capacity.
- Full Text:
- Date Issued: 2009
- Authors: Davenport, Nicholas A , Gambiza, James
- Date: 2009
- Language: English
- Type: Article
- Identifier: vital:6628 , http://hdl.handle.net/10962/d1006820
- Description: The new African National Congress government announced after 1994 that municipal commonage would be a pillar of their land reform programme. The Department of Land Affairs spearheaded this by acquiring new land to complement the existing ‘old’ commonages. The aim of old commonage was to supplement the income of poor urban residents through the subsistence user system whereas new commonage was intended as a ‘stepping stone’ for emergent farmers. We investigated the differences between old and new commonage farmers as well as how they perceived the Makana local municipality's capacity to manage the commonage. The results showed that local institutions were weak. Only 46% of the old commonage farmers were members of a local livestock association whereas 74% of the new commonage farmers were members. Most old commonage farmers (59%) were dissatisfied with local government's management of the commonage. In contrast, only 37% of the new commonage farmers were dissatisfied with the management of the commonage. There were no differences between old and new commonage farmers in terms of livestock owners’ characteristics and mean annual net direct-use value of livestock. There were also no differences in the age of the two types of commonage farmers. Furthermore, there was no association between the type of commonage and level of education. The mean annual net direct-use value of livestock on old commonage was R6308 compared with R9707 on new commonage. Although the income from livestock for new commonage farmers varied slightly from that of old commonage farmers, the annual productive output per farmer on old commonage was R473 ha−1, three times higher than that of new commonage farmers which was R134 ha−1. We suggest that new land policy legislation is needed in which poverty as well as the legal arrangements between all stakeholders is clearly defined. Furthermore, national departments need to be more involved with local municipalities to increase local management capacity.
- Full Text:
- Date Issued: 2009
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