bluuebunny/crossref_metadata_2025 huggingface dataset:
JOHANA NJUMBI (1886â€“1991): THE PIONEER AFRICAN LEADER IN MUTIRA MISSION
Authors: Gathogo Julius
Published: January 2018

The article sets out to retrieve the critical role of the pioneer African clergyman, Johana Njumbi (1886â€“1991), in the Mutira mission of Kirinyaga, Kenya. Despite the death of the first wife in 1921, and the second one in 1952, Njumbi surged on to provide leadership in the new socioreligious dispensation following the introduction of Christianity in the first half of the 20th century. His stewardship is seen in his emphasis on â€˜modernâ€™ education, farming and medical services. As Mutira mission marked one hundred years of missionary Christianity (1912â€“2012), in August 2012, it is imperative to assess the pedigree and the religious-social life times of the key character who contributed immensely in mid-wifing Christianity and modern education in an area hitherto unknown in the map of the world. In so doing, Njumbi catapulted the desolate hills and valleys of Mutira mission into greater heights of human progress. As the area produced its second Bishop, Joseph Karimi Kibucwa, in December 2012, after Daniel Munene Ngoru proceeded to his retirement upon reaching the mandatory retirement age of 65, one cannot fail to see the fruits of the pioneer clergy who persuaded the reluctant locals to â€˜accept the white manâ€™s religion and education as our ownâ€™ under difficult circumstances. In other words, did Njumbiâ€™s leadership leave a lasting legacy in Mutira mission? Does the maternal role of Canon Njumbiâ€™s wife, Agness Wambui (1914â€“1952), have any relevance for African motherhood today? The materials in this article are gathered mainly through oral interviews, reading of extensive literature and archival sources.
THE PLEASURES AND SORROWS OF CZECH ORAL HISTORY (1990â€“2012)
Authors: MÃ¼cke Pavel
Published: January 2018

This article gives the general contours of the way in which Oral History was established as a discipline in the Czech Republic. Important events and key institutions are mentioned, as well as individuals interested in the research ofÂ  ontemporary history, and in the popularisation of the recent past through oral history. Significant projects (both academic and non-academic) are described. Attention is paid to the thematic, historical, and methodological aspects of these projects, and the way in which other scholars and the media have reacted to these projects is discussed.
Lessons from IJR’s Schools’ Oral History Project, 2004 – 2010
Authors: Esau Cecyl
Published: January 2018

The institute for Justice and Reconciliation works in post-conflict societies guided by its vision to establish fair, democratic and inclusive societies on the African continent. It seeks to do so through four programmes one of which is the Building an Inclusive Society where the Schools’ Oral History (SOHP) is located.In pursuit of the above a variety of processes are explored within formal educational curricula as well as community-wide appreciation of multiple-perspectives as well as multiple-voices that will contribute democratization of local historical consciousness and documentation.Educators and learners are assisted to explore the notions about the construction and production of history; the methodological approaches to the oral history process, and the various ways in which the oral history research could be presented.The IJR’s oral history project has conducted projects in five provinces.A number of provisional lessons are: (1) Older and younger project members from diverse communities are eager to acquire new skills and knowledge in understanding and making contributions to their communities; (2)  Project participants enjoyed to engage the ‘other’ in safe spaces; (3) Local government structures seemed interested to participate but in many instances were overwhelmed by their core business of service delivery; (4) One of the ways to stimulate the interest in and development of local history could be to start platforms where aspects of local history could be explored across historical divides.
SUPER ROMA AS A NEW RELIGIOUS MOVEMENT IN ZIMBABWE
Authors: Mudyiwa Mischeck
Published: January 2018

Ever Â sinceÂ  the Â publication Â of Â Shako's Â (2006) Â pioneering Â study Â on Â Super Roma, Â the movement has become a subject of serious sustained research at the University of Zimbabwe. This present article explores and examines the impact of Super Roma theology on traditional Christian theology and practice. It specifically investigates the extent to which Super Roma theology contradicts, corrects or clarifies traditional Christian theology and practice. The main argument developed in this article is that, whilst it may be true that Super Roma theology may have something new to offer theologians, it presents a number of areas of potential clash with traditional mainstream Christianity- particularly in its interpretation of concepts such as creation, original sin, reincarnation and exorcism, among others. The article also argues that as a movement that is backed by some Roman Catholic priests and nuns, the factors favouring the expansion of Super Roma are more significant than the factors that threaten its existence.
STORYTELLING AS A METHOD FOR ACQUIRING MATHEMATICAL UNDERSTANDING AND SKILL
Authors: Mdlalose Nomsa
Published: January 2018

According to historical accounts of old Africa, mathematics got divorced from the heritage arena. It was subsequently perceived incongruent with locally produced knowledge. Zaslavsky (1999) affirms that the manner in which Africa is portrayed in reference to the history of mathematics and the history of numbers, one would conclude that Africans barely knew how to count. Notwithstanding this, storytelling as an aspect of African indigenous knowledge systems and of a genre of oral tradition constitutes various socio-cosmic codes. Narrative being a social phenomenon and rhythm being symbolic to innate ability to count assume storytelling and numbering affinity. The article aims to explore employment of storytelling for the purpose of assisting basic education learners to acquire mathematical understanding and skills.
THE Ê½SINGING FREEDOMÊ¼ EXHIBITION: PAINFUL HISTORIES, COLLECTIVE MEMORIES AND PERCEPTIONS OF FREEDOM
Authors: Tichmann Paul , Galant Shanaaz
Published: January 2018

This article discusses the research conducted in order to prepare the â€˜Singing Freedom: Â Music Â and Â the Â struggleÂ  againstÂ  apartheidâ€™,Â  whichÂ  was Â launched at the Iziko Slave Lodge Museum in Cape Town in March 2014. As part of this research, interviews were conducted with various musicians and other stakeholders involved with 'struggle songs' specifically and freedom songs more generally. The interview questions were informed by the current discourses and scholarship around collective memory and trauma.
INDIGENOUS AGENTS AND THE SCHOOL APOSTOLATE IN UKWUANILAND, 1841â€“1941
Authors: Odil Jones U
Published: January 2018

In the 19th century, colonial educational policy reflected the hesitant approach of Britain to a field recognised in those days as the reserve of religious bodies, and for many years the missionary societies had the field of education to themselves. Education in C.M.S. mission schools in Nigeria received no aids in grants from the colonial government. This article is a historical reconstruction, which brings to light the well-articulated contributions of local people in their attempt to establish and fund schools using indigenous initiatives, personnel and resources. Resting on the self-propagating, self-supporting and self-governing policy of Henry Venn, the study reveals that, although the establishment of schools in Ukwuaniland 1841â€“1894 was originally the outcome of the expression of local needs, efforts and ideas, the Anglican churches there saw in them an agency for promoting evangelism. This article, an important contribution in the area of the history of religion and education, recommends that local initiatives, needs and aspirations should be taken into consideration in the formulation of education policy in Nigeria.
‘Sikhuluma Isikhethu’ : Ndebele Radio, Ethnicity and Cultural Identity in South Africa, 1983-1994
Authors: Lekgoathi Sekibakiba Peter
Published: January 2018

The South African Broadcasting Corporation (SABC) established nine African language radio stations ostensibly to cater for the diverse linguistic and cultural needs of the African communities in the country. In reality, however, these stations acted as a government mouthpiece and means through which a monopoly over the airwaves was asserted. Through these stations the government promoted ethnic compartmentalisation and popularised the ethnic ‘homelands’ created from the early 1960s to the early 1980s. One of these stations was Radio Ndebele, established in 1983, with a clear mandate to reinforce Ndebele ethnic nationalism. This article seeks to explore the history of this radio station, using both oral sources and documentary material, though privileging the former. The article makes a two-pronged argument: Firstly, Radio Ndebele came into existence not only because of the government’s mission but because of pressure from Ndebele-speaking people who needed radio programming in their own language. Secondly, this radio station helped turn a spoken language that was on the throes of extinction into a vibrant written language that found its way into the schooling system, particularly in areas with a large concentration of Ndebele-speaking people.
Guerrilla warfare and the environment in Southern Africa: Impediments faced by ZIPRA and Umkhonto Wesizwe.
Authors: Chakawa Joshua , Nyawo-Shava V Z
Published: January 2018

Zimbabwe Peoples’ Revolutionary Army (ZIPRA) was the armed wing of Zimbabwe African People’s Union (ZAPU) which waged the war to liberate Zimbabwe. It operated from its bases in Zambia between 1964 and 1980. Umkhonto Wesizwe (MK) was ANC’s armed wing which sought to liberate South Africa from minority rule. Both forces (MK and ZIPRA) worked side by side until the attainment of independence by Zimbabwe when ANC guerrillas were sent back to Zambia by the new Zimbabwean government. This paper argues that the failure of ZIPRA and Umkhonto Wesizwe to deploy larger numbers of guerrillas to the war front in Zimbabwe (then Rhodesia) and South Africa was mainly caused by bio-physical challenges. ZAPU and ANC guerrillas faced the difficult task of crossing the Zambezi River and then walking through the sparsely vegetated areas, game reserves and parks until they reached villages deep in the country.  Rhodesian and South African Defense Forces found it relatively easy to disrupt guerrilla movements along these routes. Even after entering into Rhodesia, ANC guerrillas had environmental challenges in crossing to South Africa. As such, they could not effectively launch protracted rural guerrilla warfare. Studies on ZIPRA and ANC guerrilla warfare have tended to ignore these environmental problems across inhospitable territories.  For the ANC, surveillance along Limpopo River and in Kruger National Park acted more as impediments than conduits. ANC also had to cope with almost all challenges which confronted ZIPRA guerrillas such as the Zambezi, Lake Kariba and various parks which Rhodesians always used as a first line of defense but had a geographically difficult task in South Africa where the environment was not attractive for a guerrilla warfare.
REASONS THAT DETER QUALIFYING PRIMARY CAREGIVERS FROM APPLYING FOR CHILD SUPPORT GRANTS
Authors: Du Toit Mangalane , Lues Liezel
Published: January 2018

The Child Support Grant (CSG) came about as a strategy to address child poverty in South Africa, granted to caregivers that care for children up to the age of eighteen years. In 2012, the number of children aged up to 18 years receiving the CSG stood at 11 306 024, an increase from 800 476 in 2001. Despite amending the Social Assistance Act, 2004 (Act 13 of 2004), and numerous marketing campaigns conducted by the South African Social Security Agency (SASSA) since 2009 in the Northern Cape Region, SASSA struggles to meet the annual projected targets for CSG intakes.An empirical study to investigate the reasons that deter primary caregivers from applying for child support was conducted in the Northern Cape. In this study, it was hypothesised that amending the criteria for CSG will increase the number of qualifying primary caregivers applying for the CSG, and assist the Frances Baard District Municipality in achieving the annual projected targets.
RESTORATIVE JUSTICE WITH YOUTH SEX OFFENDERS: ISSUES FOR PRACTICE
Authors: Gxubane Thulane
Published: January 2018

The South African child justice system has adopted the philosophy of restorative justice in the management of child and youth offenders in general as reflected in the preamble of the Child Justice Act 75 of 2008. Whilst restorative justice has been easily applied to less serious youth crimes generally, there seems to be some reservations regarding its appropriateness to dealing with youth sex offenders. This article looks at restorative justice approach within the context of diversion and seeks to highlight practice issues that need to be considered with regard to the application of the aforementioned approach in dealing with youth sex offenders. The article draws from the findings of a Doctoral study that the author conducted which explored this area of social work practice.
THE EXPERIENCES OF SOCIAL WORK STUDENTS STUDYING AT AN OPEN DISTANCE LEARNING INSTITUTION
Authors: Schenck Catherina , Alpaslan Assim , Angelopulo George
Published: January 2018

The article describes the experiences of social work students enrolled at the University of South Africa (Unisa) and the implications for Unisa as an Open Distance Learning (ODL) institution. An online Q-methodology survey and qualitative question was administered to 10 000 students enrolled for social work modules at Unisa, of which, 1,346 completed the survey and the qualitative question. This article focuses on the results of the qualitative data which were analysed according to Cresswellâ€™s methodology. The themes that emerged indicated the role Unisa, as an ODL institution and the Department of Social Work, play in the lives of the students. The study confirms the importance of interacting and communicating with the students. It was revealed that the course content not only provides knowledge and skills about social work, but facilitates life-changing experiences and the development of the person.
A STORY OF RESISTANCE: â€˜CONCERNED SOCIAL WORKERSâ€™
Authors: Schmid Jeanette , Sacco ThÃ©rÃ¨se
Published: January 2018

Â The story of Concerned Social Workers (CSW), a progressive South African anti-apartheid social work organisation active in the 1980s and early 1990s, provides important lessons in social work activism in situations of inequality and injustice. This article describes the context in which CSW emerged, the raison dâ€™Ãªtre of the organisation, and activities in which the group engaged. Reflected through a qualitative study, members remember their CSW activism as shaping both their personal and professional identities. They suggest that CSW made an important contribution to the South African social work landscape. A record of this social work engagement provides younger social workers with inspiration to become social agents in a time where injustice continues to prevail and prompts older social workers to become energised and confront any complacency.
A REVIEW OF SOCIAL PROTECTION PROGRAMMES IN ZIMBABWE: LESSONS LEARNT
Authors: Mtapuri Oliver
Published: January 2018

This article makes an entrÃ©e into the social protection arena by exploring the political, technical, social, economic, legal and environmental dimensions of social protection using the ecology of human development as a foundation. As a point of departure, it argues that a clear understanding of the â€˜total environmentâ€™ is critical in the design, formulation and implementation of social protection programmes. The method used for purposes of compiling this article is a desk study in which documents on social protection interventions used in Zimbabwe were reviewed. The key contribution of the article is a framework which may assist countries in the global south to understand social protection in general and to guide policy implementation and practice in particular. Some of the key lessons learnt from the Zimbabwean experience include the need to interrogate all interventions for feasibility, efficiency, effectiveness, dependency-reduction, appropriateness, sustain-ability, gender-sensitivity, incorruptibility, provision of exit mechanisms, administrative costs and adequacy of resources.
A COMPARATIVE CONTENT ANALYSIS OF SOUTH AFRICAN AND KENYAN DRUG POLICIES FROM A SOCIAL DEVELOPMENT PERSPECTIVE
Authors: Geyer Stephan , Lombard Antoinette , Wairire Gidraph
Published: January 2018

Â South Africa and Kenya have both adopted a social development approach to shape their development agendas, as well as national policies in response to drug abuse. The goal of this study was to compare the content of South Africaâ€™s National Drug Master Plan 2006-2011 (NDMP) and Kenyaâ€™s National Drug Abuse Control Policy 2011 (NDACP) from a social development perspective. A quantitative comparative study was undertaken to compare the manifest content of these policies. A checklist of five dimensions of social development, with concomitant themes and indicators, was compiled for this purpose. Both policies emphasise the dimensions â€˜levels of service deliveryâ€™ and â€˜integrated service deliveryâ€™, while paying limited attention to the â€˜rights-based approachâ€™ and â€˜capital developmentâ€™ dimensions of social development. Lessons learnt from the study are presented in an effort to align drug policies, especially those of developing countries, with a social development approach.
AFRICAN MARRIAGE COUNSELLING AND THE RELEVANCE OF WESTERN MODELS OF COUNSELLING
Authors: Haselau Catherine , Kasiram Madhubala , Simpson Barbara
Published: January 2018

This article explores the relevance of Western models of marriage counselling in the African context and specifically with Zulu couples. It argues that because of different worldviews, there are elements of western therapeutic approaches with couples that do not fit with the beliefs and values of many African people. The article examines some of the philosophies that underlie marriage in contemporary Zulu society, as well as the worldview, values and practices of Zulu people with regard to marriage. It then examines a selection of Western marriage counselling approaches in order to establish whether the Western based marriage counselling theories that are taught and practiced by social workers in South Africa today are relevant when used with Zulu couples.
TRANSFORMING SOCIAL WORK IN ZIMBABWE FROM SOCIAL CONTROL TO SOCIAL CHANGE
Authors: Masuka Tawanda
Published: January 2018

The quest for relevance of social work in Third world countries in the context of mounting socio-economic challenges has necessitated the need to consider transforming social work from social control to social change. Prominent social work academics and practitioners have argued in support of the need for such transformation. This article analyses this transition in the context of the new global definition of social work and how its various aspects can be applied in transforming social work education and practice in Zimbabwe. Key conclusions are that, social work curriculum be re-oriented toward the developmental social work thrust, advocacy and indigenous knowledge be integrated into social work practice.
A PSYCHO-EDUCATIONAL STRATEGY AS TOOL FOR EDUCATING ADOLESCENTS ON INTERNET SAFETY
Authors: Symington Serahni , Dunn-Coetzee Munita
Published: January 2018

This psycho-educational strategy, in the form of a website, was designed to educate adolescents in schools with regard to online safety practices. The study made use of a mixed-method methodology. One hundred and eightythree (183) adolescents completed quantitative questionnaires. Qualitative data was gathered by eight semi-structured adolescent focus groups. After the integration of results, a website that included information on safety education was designed. Six areas of online safety were illustrated and addressed on the website - cyber bullying, pornography, social networking, online gaming, sharing of personal information, as well as plagiarising and stealing content. Adolescents were given the opportunity to explore the website in order to evaluate it as an effective educational tool for promoting online safety. The research reveals that adolescents could benefit from the psycho-educational strategy as it creates awareness and serves an educational purpose in terms of identifying possible harms of the internet. Findings indicate that schools, educators and parents could use the psychoeducational strategy to educate adolescents about internet safety.
EXPOSURE TO SUBSTANCE USE IN THE SOCIAL ENVIRONMENT: THE EXPERIENCES OF ADOLESCENTS IN THE TSHWANE METROPOLE
Authors: Geyer Stephan , Le Roux Liana , Hall Herna
Published: January 2018

The premise of this study is that if exposure to substance use in the social environment of adolescents is understood, macro interventions could be recommended to promote adolescentsâ€™ right to live in a safe and sustainable environment. The aim of the study was to explore adolescentsâ€™ experiences of exposure to substance use in their social environment, other than the home. A qualitative research approach was adopted and 40 semi-structured interviews were conducted. Adolescent participants, of both genders between 11 and 18 years, were recruited across the Tshwane Metropole. The Social Learning Theory (SLT) underpinned this study as it offers concepts and principles for understanding how social environmental factors impact on adolescentsâ€™ behaviour. Key findings indicated that exposure to substance use are highly prevalent amongst adolescents in the Tshwane Metropole and could be normalised in their social reality. Recommendations are offered for appropriate macro interventions in line with a developmental approach.
TWENTY YEARS OF DEMOCRACY: SOUTH AFRICAN SOCIAL ASSISTANCE PROGRAMME REVISITED
Authors: Gutura Priscilla , Tanga Pius Tangwe
Published: January 2018

The aim of this paper is to provide a reflective analysis, twenty years after democracy, of social assistance grants in accomplishing their primary objective of closing the poverty gap and inequality. Literature reviewed show that in the absence of any other safety net, access to social grants reduces destitution for many poor people and their households. However, various indicators confirm that even though poverty appears to have declined in the recent past, there are still millions of poor people who are exceedingly vulnerable and at risk. Unemployment levels have been fluctuating, but the trend has been upwards. Also, other researchers have argued that social grants are running the risk of being perceived as state hand-outs with over 16 million recipients benefiting. This paper therefore informs the policy makers of the expectations after 20 years of democracy and the reality 20 years after democracy.
THE ATTITUDE OF OHADA LAW COUNTRIES TOWARDS THE CISG
Authors: Nguru Aristide Kahindo
Published: January 2018

Disparities in national laws are likely to result in uncertainty which, in turn, creates obstacles to international commerce. It is acknowledged that strong investment flows cannot be achieved without a secure legal and commercial environment. Mindful of such a need, states decided to harmonise sales law internationally. To this end, in 1980 they adopted the United Nations Convention on Contracts for the International Sale of Goods known as the Vienna Sales Convention or the CISG. The CISG has led a number of countries, including the Organisation for the Harmonisation of Business Law in Africa (OHADA) law states, to modernise their local sales law. However, only three of 17 countries that constitute the OHADA community have ratified the CISG. OHADA law countries give the impression of favouring a more regional approach to the unification of sales law rather than the CISGâ€™s global approach by implementing a local Commercial Uniform Act. Their indifference towards the CISG is not without consequences for commerce in the OHADA region. This article seeks to demonstrate that the lack of ratification of a universal convention, as for example the CISG, poses a danger to commercial dealings. It also intends to show that the CISG is not hostile to regional uniform sales laws of the OHADA Commercial Uniform Act type. It concludes that OHADA countries do not need to be afraid of their acceptance of the CISG and recommends that it be ratified.
THE UNITED NATIONS CONVENTION ON THE USE OF ELECTRONIC COMMUNICATIONS IN INTERNATIONAL CONTRACTS AT TEN: PRACTICAL RELEVANCE AND LESSONS LEARNED
Authors: Castellani Luca G
Published: January 2018

The United Nations Commission on International Trade Law prepared the first global treaty specifically devoted to electronic commerce law, the United Nations Convention on the Use of Electronic Communications in International Contracts. That treaty builds on the highly successful UNCITRAL Model Law on Electronic Commerce and the UNCITRAL Model Law on Electronic Signatures. This article describes the main goals of the Electronic Communications Convention and its scope of application. In particular, it illustrates how that Convention may fully enable the use of electronic means under other widely adopted treaties such as the Convention on the Recognition and Enforcement of Foreign Arbitral Awards and the United Nations Convention on Contracts for the International Sale of Goods. The article also describes the main substantive provisions of the Electronic Communications Convention, in particular clarifying how that Convention updates and completes the provisions of the UNCITRAL Model Law on Electronic Commerce. This Model Law is the backbone of electronic commerce law in numerous countries and a de facto legislative standard insouthern Africa. Finally, the article describes the manner (or patterns) in which the adoption of the Electronic Communications Convention takes place. It stresses that, while the Convention is often used as a source of inspiration for domestic law reform, in order for it to achieve all its intended goals, its formal adoption as a treaty is necessary. The final message is therefore a call upon all states to consider the adoption of that Convention in order to support the broader use of electronic means, especially in the light of the implications for economic development and the promotion of paperless trade.
MODERN FREEDOM OF TESTATION IN SOUTH AFRICA: ITS APPLICATION BY THE COURTS
Authors: Matsemela Patrick
Published: January 2018

Freedom of testation is considered to be one of the founding principles of the South African law of testate succession. Testators are given freedom to direct how their estate should devolve and free rein to dispose of their assets as they deem fit. As a result, effect must be given to the expressed wishes of the testator. Prior to 1994, such freedom could be limited only by common law or statutory law; more recently, such freedom has been tested against the Constitution of South Africa. This means that a provision in a will cannot be enforced by the courts if it is contra bonos mores, impossible or too vague, in conflict with the law, or is deemed to be unconstitutional.Having regard to the unfair discrimination provisions of section 9(3) of the Final Constitution, can a court enforce a will or a trust deed which discriminates against potential beneficiaries on account of their race, gender, religion or disability? Will such clause pass the test of constitutionality, be justified or considered to achieve a legitimate objective? Can potential beneficiaries or anyone who has locus standi challenge the freedom of testation by relying on the freedoms and rights entrenched in the Bill of Rights? It is against this background that the paper attempts to answer these questions and explore the extent to which the Constitution has an impact on freedom of testation. The central thesis of the article is to determine whether clauses in wills or trust instruments which differentiate between different classes of beneficiary can be deemed to be valid. This is done by looking at several more recent cases that have appeared before our courts.
LET NUCLEAR ENERGY BOIL THE KETTLE OF INDIGENT PEOPLE
Authors: Qasaymeh Khaled Ahmad , Pitsoe Victor , Nkabinde Happy
Published: January 2018

In this article, the planning Â of electricity Â supply Â infrastructure Â is problematised from the ubuntu Â point of view. Among other things, Â IÂ  examine Â the impact Â of nuclear energy on planning electricity supply infrastructure in order to meet the administrative obligation to facilitate universal access to affordable, reliable and clean, modern electricity to the populace. In addition, flowing from the synergies between the hypothesis of cheap and clean electricity from nuclear capacity and collective benefits from available resources while protecting the environment, this article explores the right to access to electricity, and the role of the Department of Energy in providing Â electricity to the populace Â by planning Â electricity Â supply infrastructure that is in harmony with communities and environments, Â guided by the values of ubuntu.
POLITICS-LAW CONVERGENCE OR DIVERGENCE? 'SMALL' POLITICAL PARTIES, REALPOLITIKAND SOUTH AFRICA'S 20 YEARS OF DEMOCRACY
Authors: Maphunye Kealeboga J
Published: January 2018

This article examines South Africa's 20-year democracy by contextualising the roles of the 'small' political parties that contested South Africa's 2014 elections. Through the Â prism Â of South Â Africa's Â Constitution, Â electoral legislation Â and the African Charter on Democracy, Elections and Governance, it examines these parties' roles in South Africa's democratisation; their influence, Â if any, in parliament, and whether they play any role in South Africa's continental or international engagements. Based on a review of the extant literature, official documents, Â legislation, media, secondary research, reports and the results of South Africa's elections, the article relies on game theory, rational choice theory and theories of democracy and democratic consolidation to examine 'small' political parties' roles in the country's political and legal systems. It concludes that the roles of 'small' parties in governance and democracy deserve greater recognition than is currently the case, but acknowledges the extreme difficulty experienced by the 'small' Â parties in playing a significant role in democratic consolidation, given their formidable opponent in a one-party dominant system.
THE RIGHT TO REMAIN SILENT: A ONEÂ­ EYED APPROACH TO TRUTH-SEEKING?
Authors: Mokoena Mabona Thomas
Published: January 2018

The right to remain silent is one of the most important symbols of a fair trial in the accusatorial legal systems, to which South Africa also belongs. In certain countries, such as the United States and South Africa, this right is constitutionally entrenched as a fundamental human right, which virtually guarantees that adverse inferences cannot be drawn against an accused who fails to disclose pre-trial information. The accused is thereby excluded as a critical source of information during this stage of the proceedings. In essence, this means that the criminal process is compelled to close one eye to a valuable and crucial source of information. other jurisdictions within the accusatorial family, notably England andÂ  Scotland, Â have Â introduced legislation aimed Â at crime Â control which essentially compels the accused to break his or her silence during the pre-trial stage of the criminal process. The very essence of the right to remain silent as a fundamental human right is proving problematic to the South African Constitutional Court when considering it within the context of the Â limitation clause. It is argued, in this article, that the solution lies, first, in a substantive constitutional analysis of rights and, Â secondly, in interpreting the right as a functional evidentiary principle with the aim of securing procedural fairness.
SEARCH FOR AND SEIZURE OF EVIDENCE IN CYBER ENVIRONMENTS: A LAW-ENFORCEMENT DILEMMA IN SOUTH AFRICAN CRIMINAL PROCEDURE
Authors: Basdeo Vinesh M , Montesh Moses , Lekubu Bernard Khotso
Published: January 2018

Investigating, deterring and imposing legal sanctions on cyber-criminals warrants an international legal framework for the investigation and prosecution of cybercrime. The real-world limits of local, state and national sovereignty and jurisdiction cannot be ignored by law-enforcement officials. It can be a strenuous task to obtain information from foreign countries, especially on an expedited basis â€“ more specifically when the other country is in a different time zone, has a different legal system, does not have trained experts and uses different languages. In South Africa existing laws appear to be inadequate for policing the cyber realm. The effects and impact of information technology on the legal system have not yet received the attention they warrant. The challenges presented by the electronic realm cannot be solved merely by imposing existing criminal and criminal procedural laws which govern the physical world on cyberspace. The electronic realm does not necessarily demand new laws, but it does require that criminal actions be conceptualised differently and not from a purely traditional perspective. Sovereignty and the principle of non-interference in the domestic affairs of another state are fundamental principles grounding the relations between states; they constitute an important mechanism in the armoury of criminals. The harmonisation and enactment of adequate and appropriate transborder coercive procedural measures consequently play a pivotal role in facilitating effective international cooperation. This article examines the efficacy of South African laws in dealing with the challenges presented by police powers to search for and seize evidence in cyber environments. It analyses the rudimentary powers that exist in South African criminal procedure regarding the search for and seizure of evidence in cyber environments, and compares them against the backdrop of the more systemic and integrated approach proposed by the Cybercrime Convention.
GUNS, RACE, MACHISMO AND OPPRESSION
Authors: McDougall Harold A
Published: January 2018

WHAT â€™S THE PROBLEM AND WHERE DID IT ORIGINATE ?The murder of Trayvon Martin in 2012 and the acquittal of his killer George Zimmerman a year later were deeply disturbing events, inflaming racial tension3 and provoking nationwide protests in the United States (http://bostonherald.com 2013).Two years later, I find myself seeing the tragedy as a reflection of an American culture burdened not only by racism, but also by wider oppression and subordination, hyper-masculinity, violence and an obsession with guns.
REGIONAL HARMONISATION OF CONTRACT LAW â€“ IS IT FEASIBLE
Authors: Zeller Bruno
Published: January 2018

This article investigates whether regional harmonisation is merely an academic exercise or a serious attempt to create a uniform contract law in a defined region. It builds on the recently conducted Symposium at Villanova University in 2013 and addresses comparatively the efforts by well-defined regions, namely OHADA, the EU and ASEAN. OHADA has introduced regional uniform laws; the EU is still working on formulating them. Furthermore, UNCITRAL has considered a proposal by the Swiss government to work urgently on a new initiative to further harmonise contract law. Against this backdrop, this article argues that regional proposals to harmonise contract law are akin to saying that â€˜ein Gespenst geht umâ€™ (a ghost is going around) (Reich 2006: 425). This is justified, because a proposal to create a harmonised contract law in East Asia has currently also been discussed, but the discussions have stalled. Is there a solution or do we simply admit that regional harmonisation is not possible? The starting point is the CISG, as has been adopted by 80 countries and needs to be considered by any region as a possible, albeit not perfect, solution. If the CISG has already been ratified, the issue, then, is how any regional developments can coexist with it. Or does a ratification of the CISG preclude any regional harmonisation? Secondly, the question must be asked whether regional harmonisation will reduce transaction costs, which is beyond what the CISG was able to achieve. This article argues that as far as the drafting of international instruments isconcerned, a shift in thinking has occurred. Instruments such as the Cape Town Convention are considered to be reforming the law in a particular narrow area rather than attempting to draft codes. Furthermore, the process is driven by industry groups. Regional harmonisation must take note of the ongoing shift and a more fruitful approach is to develop uniform laws through a better understanding and coordination of existing instruments.
Can SPLUMA Play a Role in Transforming Spatial Injustice to Spatial Justice in Housing in South Africa?
Authors: Van Wyk Jeannie
Published: January 2018

Our spatial environment is one of the most important determinants of our well-being and life chances. It relates to schools, opportunities, businesses, recreation and access to public services. Spatial injustice results where discrimination determines that spatial environment. Since Apartheid in South Africa epitomised the notion of spatial injustice, tools and instruments are required to transform spatial injustice into spatial justice. One of these is the employment of principles of spatial justice. While the National Development Plan (NDP) recognised that all spatial development should conform to certain normative principles and should explicitly indicate how the requirements of these should be met, the Spatial Planning and Land Use Management Act 16 of 2013 (SPLUMA) contains a more concrete principle of spatial justice. It echoes aspects of both the South African land reform programme and global principles of spatial justice. Essentially section 7(a) of SPLUMA entails three components: (1) redressing past spatial imbalances and exclusions; (2) including people and areas previously excluded and (3) upgrading informal areas and settlements. SPLUMA directs municipalities to apply the principle in its spatial development frameworks, land use schemes and, most importantly, in decision-making on development applications. The aim of this article is to determine whether the application of this principle in practice can move beyond the confines of spatial planning and land use management to address the housing issue in South Africa. Central to housing is section 26 of the Constitution, that has received the extensive attention of the Constitutional Court. The court has not hesitated to criticize the continuing existence of spatial injustice, thus contributing to the transformation of spatial injustice to spatial justice. Since planning, housing and land reform are all intertwined not only the role of SPLUMA, but also the NDP and the myriad other policies, programmes and legislation that are attempting to address the situation are examined and tested against the components of the principle of spatial justice in SPLUMA.
A Closer Look at the Right to Have Access to Adequate Housing for Inhabitants of Informal Settlements Post Grootboom
Authors: Tshoose Clarence
Published: January 2018

In South Africa informal settlement dwellers are faced with a myriad of socio-economic problems, which relate, amongst others, to living standards, access to basic services, and suitable housing. Notwithstanding these problems, the Constitution affords everyone the right to have access to adequate housing. It also makes it obligatory for the state â€˜to take reasonable legislative and other measures, within its available resources, to achieve the progressive realisation of this rightâ€™. In light of the above, this article examines the constitutional obligation on the state to provide informal settlement dwellers the right of access to adequate housing. It explores some of the landmark cases that have shaped the jurisprudence of the right to have access to adequate housing in South Africa post the ground breaking Constitutional Courtâ€™s Grootboom decision.
Judicial Review of Executive Power: Legality, Rationality and Reasonableness (Part 1)
Authors: Okpaluba Chuks
Published: January 2018

Early in the life of the South African democratic dispensation, the Constitutional Court distinguished the conduct of the President as the head of the executive branch of government from an administrative action. However, it held that executive conduct was, like all exercise of public power, constrained by the constitutional principles of legality and rationality. So, as a necessary incident of the rule of law, the executive may not exercise powers or perform duties not conferred upon it by the Constitution and the law. The cases decided since then demonstrate in practical and theoretical terms the democratic aphorism that no one is above the law and everyone is subject to the Constitution and the law. In the process, the Constitutional Court has entertained appeals for the review of executive powers such as where, inter alia, the President had acted on a wrong advice or terminated the appointment of the head of the National Intelligence Agency; the legality of Ministerial Regulations and of the rationality of the presidential appointment of the Director of the National Prosecuting Authority. The role of reasonableness as a ground of review of executive conduct rather than administrative action has been demonstrated in the many cases where the distinction has been made between the rationality test and the reasonableness test. The conclusion, therefore, is that, through their interpretation of the Constitution and review of executive powers, the courts have developed a code of principles regarding the rule of law, good government, and democracy.
The Dudley Lee Case: A new approach to factual causation and its implications for transformative jurisprudence
Authors: Meerkotter Anmari
Published: January 2018

The Constitutional Court (CC) judgment of Lee v Minister of Correction Services 2013 2SA 144 (CC) is a recent contribution to transformative constitutional jurisprudence in the field of the law of delict. This matter turned on the issue of factual causation in the context of wrongful and negligent systemic omissions by the state. In this case note, I explore the law relating to this element of delictual liability with specific regard to the traditional test for factual causation â€“ the conditio sine qua non (â€˜but-forâ€™) test. In particular, I note the problems occasioned by formalistic adherence to this test in the context of systemic state omissions as evidenced by the SCA judgment in the same matter. I also consider the manner in which English courts have addressed this problem. Thereafter, I analyse the CCâ€™s broader approach to the determination of factual causation as one based on common sense and justice. I argue that this approach endorses a break from a formalistic application of the test and constitutes a step towards an approach which resonates with the foundational constitutional values of freedom, dignity and equality. Furthermore, it presents an appropriate solution to the problems associated with factual causation where systemic omissions are concerned. I then consider the transformative impact of the Lee judgment. In particular, I argue that the broader enquiry favoured by the CC facilitates the realisation of constitutionally guaranteed state accountability, and amounts to an extension of the existing norm of accountability jurisprudence. Hence, I contend that the judgment presents a further effort by the Constitutional Court to effect wholesale the constitutionalisation of the law of delict, as well as a vindicatory tool to be used by litigants who have been adversely affected by systemic state omissions.
Unravelling the Mare's Nest? The Constitutional Court Interprets the Duty to Exhaust Internal Remedies in the Mining Setting Dengetenge Holdings (Pty) Ltd v Southern Sphere Mining and Development Co Ltd 2014 5 SA 138 (CC)
Authors: Humby Tracy , Krause Robert
Published: January 2018

This Constitutional Court case involved an application by Dengetenge Holdings (Pty) (Ltd) (a junior mining company) for leave to appeal against a decision of the Gauteng North High Court setting aside the award of a prospecting right to Dengetenge, and the decision of the Supreme Court of Appeal (SCA) refusing to condone the company's late filing of its heads of argument in its appeal against the High Court's decision.
Legal and Public Trust Considerations for the Ndumo Game Reserve and South Africa-Mozambique Border, following the Migration of the Usuthu River
Authors: Blackmore Andrew
Published: January 2018

The Usuthu River forms part of the international boundary between South Africa and Mozambique. In 2002, this River breached its south bank within the Ndumo Game Reserve and established a new channel within the protected area. In response to the breach, Mozambique proposed the excavation of the floodplain and the establishment of berms to force the flow of the river back into its original alignment. Analysis of the origin and associated history of this portion of the international boundary indicates that it is unlikely that the international boundary has moved with the breech. Furthermore, customary international law pertaining to avulsion or mutation alvei of rivers supports the notion that the international boundary remained in the original channel of the Usuthu River. Finally, case history of a similar circumstance in Africa affirms that this boundary is unlikely to have shifted with the avulsion of the Usuthu River. The Mozambican proposal brings to the fore an array of public trust considerations which are founded in South Africaâ€™sConstitution, and environmental and biodiversity conservation legislation. These considerations prohibit the excavation of the Ndumo Game Reserve. The concept of the state acting as a trustee for, inter alia, biodiversity and protected areas, is reinforced by various water and biodiversity-orientated multilateral agreements to which South Africa is a signatory. Within these, the ones adopted by the Southern African Development Community are the most profound in that they, and specifically the Protocol on Wildlife Conservation and Law Enforcement, enjoin state parties from taking decisions that may cause damage to the trust entity beyond the limits of their sovereignty.