bluuebunny/crossref_metadata_2025 huggingface dataset:
AIDS PROPHETS IN A WOUNDED COUNTRY: A MEMOIR OF TWO CATHOLIC CLERICS INVOLVED IN RESPONDING TO AIDS IN SOUTH AFRICA (1984â€“1990)
Authors: Muoki Stephen Joshua
Published: January 2018

The alliance between faith and health in responding to a looming AIDS crisis in South Africa was exemplified in the collaborative work of two Catholic clerics and three nurses. Whereas their work was often eclipsed by the struggle for independence, Archbishop Denis Hurley and Father Ted Rogers envisioned a looming AIDS catastrophe and started warning, training and supporting societies with relevant strategies to minimise its impact as early as 1984. This article analyses their response to the AIDS crisis as witnessed by these nurses and two other contemporary clerics. Archival materials such as the Southern Cross magazine, plenary minutes of the South African Catholic Bishops Conference (SACBC), and correspondence letters shed more light on their difficult operating context.
FOOTBALL, MEMORY AND HERITAGE: THE STORY OF DJALMA SANTOS
Authors: De Hollanda Bernardo Buarque
Published: January 2018

The article aims at showing results from the project â€˜Football, Memory and Heritage: a Collection of Oral History Interviews for the Football Museumâ€™. The research was performed at the Center for Research and Documentation on Contemporary History of Brazil (FGV, Rio de Janeiro) in partnership with the Football Museum (SÃ£o Paulo, Brazil). The article shows, on the one hand, how the interest in soccer and its patrimonial and institutional aspects in Brazilian society has been increasing since the creation of collections of testimonies by institutions such as the Museum of Image and Sound in Rio de Janeiro (1965) and in SÃ£o Paulo (1970), and the Football Museum, opened in 2008, which follows the latest world expographic standards. On the other hand, the article seeks to explore the raw material of testimonies collected from former players of the Brazilian team, who played in the 1958, 1962 and 1970 World Cups, the years the team were champions of the world, in order to put up for discussion how the complex relationships between history and national memory operate in the sports universe. The central argument to be raised in the article is that, in the discourse of former players such as Djalma Santos and others still living, the nostalgia for a bygone era of victories rekindles an important discussion for the collective imagination. The demarcation of boundaries between a glorious past â€“ close to national roots â€“ and a present of defeats or failures marked by â€˜forgettingâ€™ the true form of national play, activates a rhetoric built not only by the athletes but by an expressive fraction of the sporting press and the more general public opinion in which the national sporting memory is seen as impregnated with representations associated with nostalgia, loss and alienation from a â€˜golden ageâ€™ of authentic Brazilian football.
KHULUMANI SUPPORT GROUP: USING ART-MAKING AND ORAL NARRATIVE TO ADDRESS LAND DISPOSSESSION, POPULAR RESISTANCE AND RESTITUTION
Authors: Seidman Judy , Bonasa Nomarussia
Published: January 2018

The Khulumani Support Group has developed a workshop process that integrates art-making (drawing and painting) with oral narrative, so that participants explore and discuss their experiences, ideas and understanding of events that shape their lives, unlock the stories of people who have been â€˜forgottenâ€™ in our current discourse around the struggle for a united, democratic and non-racial South Africa.The stories that emerge from this process provide a wealth of insights into issues of land dispossession, resistance and restitution; and how we address land issues today.
PLACES HAVE MEANING: THREE STREETS, THREE HOURS AND THREE STORIES OF SURVIVAL IN ONE CITY
Authors: Ntsimane Radikobo
Published: January 2018

The socio-economic conditions in South Africa have forced new identities and new responsibilities on individuals who migrate to urban centres in the hope of finding a decent livelihood. Broken family structures, unemployment, poverty, divorce and teenage pregnancy are some of the circumstances that drove three interviewees to form relationships with certain spots on the streets of the city of Pietermaritzburg in order to eke out a living. This article looks at the conditions that brought three interviewees to the city and the streets, and transformed them to adopt new â€˜familiesâ€™ and identify with geographical location for survival. While keeping some ties with their biological relatives, the three interviewees are largely de-traditionalised and find meaning from the streets through innovative and sometimes banal means such as begging and commercial sex work.
GENDER AND LAND DISPOSSESSION IN ZIMBABWE: A CASE OF THE NDEBELE AT ESIGODINI AREA, 1893â€“2003
Authors: Makwanise Ndakaitei , Masuku Mehluli
Published: January 2018

Â The Ndebele tribe in Zimbabwe has probably experienced more land dispossessions than any other tribe, beginning the 1890s with the arrival of the whites. Most of this history, unfortunately, is not well documented. Based on an oral history approach, this article focuses on the gendered dimensions of land dispossession. It seeks to answer questions such as: Do men and women view land ownership and land issues in the same way? Did the land dispossessions that took place for more than one hundred years in Zimbabwe, particularly in the Ndebele tribe, affect the way land is viewed in terms of gender? The research further sought to find out how women have been historically marginalised or emancipated in the community. Given the importance of land in any culture, the research also seeks to find out how a shift in the way land is viewed, in terms of gender, can improve the lives of many in the Ndebele tribe. The research was conducted in Esikhoveni Village in Esigodini, Matabeleland South. It was based on oral history, targeting the headmen and other elders noted for their wisdom and knowledge of the area. A total of sixteen (16) informants were interviewed using judgemental and snowball strategies. The study revealed that land was considered an important resource in the area. Women had limited opportunities for land ownership in the village. Culture and tradition were still dominant over legal provisions when it came to land and gender issues. The study recommends a new and more rigorous approach by the government and other stakeholders to change the cultural and traditional perceptions of the rural communities in order to achieve a gender balance regarding land ownership and allocation.
WITCHCRAFT ACCUSATIONS AND THEIR SOCIAL SETTING: CASES IN THE LIMPOPO PROVINCE
Authors: Kgatla Thias
Published: January 2018

This article is the result of research findings undertaken in Limpopo Province on the subject of witchcraft beliefs. It is a narration of two villages whose residents were accused of witchcraft and had to be moved to other villages for their safety. Socio-economic conditions responsible for the communities to accuse their members of witchcraft are analysed. In the last part of the paper I draw on some classical theoretical approaches such as projection, scapegoating and materialism theories. In conclusion three statements are considered: 1) witchcraft is something real in human experience; 2) witchcraft is an imaginary crime; 3) an explanation of witchcraft accusations seen through the lens of social theories on society.
40 YEARS ONWARDS: REAPPRAISING QWAQWA AFTER 20 YEARS OF DEMOCRACY IN SOUTH AFRICA
Authors: Van der Merwe Barend , Challa Tshitso
Published: January 2018

Archiving is a process that involves the carefully documented storage of historical objects and documents. History involves events that we choose to remember or forget, nevertheless, the year 2014 is no insignificant year. Not only did South Africans celebrate 20 years of democracy, it was also 100 years since the outbreak of the First World War (1914â€“1918), the Rebellion of South Africa, as well as the establishment of the National Party of South Africa. It also marked 40 years since the establishment of Qwaqwa, a former â€œhomelandâ€ of South Africa. This article critically reflects on the establishment of Qwaqwa by introducing its records and exploring the key questions: What is the main legacy of the establishment of Qwaqwa for South Africans? How was Qwaqwa managed and who were its influential leaders? Against this backdrop, this article will also discuss the role of the Dikwankwetla Party and the resettlement aspect. It is hoped that the introduction of these records will stimulate further research into the topic of the South African homeland system and cultivate greater insights into the countryâ€™s contested history.
Free but fragile: Human relations amidst poverty and HIV in democratic South Africa
Authors: Landman Christina
Published: January 2018

Dullstroom-Emnotweni is the highest town in South Africa. Cold and misty, it is situated in the eastern Highveld, halfway between the capital Pretoria/Tswane and the Mozambique border. Alongside the main road of the white town, 27 restaurants provide entertainment to tourists on their way to Mozambique or the Kruger National Park. The inhabitants of the black township, Sakhelwe, are remnants of the Southern Ndebele who have lost their land a century ago in wars against the whites. They are mainly dependent on employment as cleaners and waitresses in the still predominantly white town. Three white people from the white town and three black people from the township have been interviewed on their views whether democracy has brought changes to this society during the past 20 years. Answers cover a wide range of views. Gratitude is expressed that women are now safer and HIV treatment available. However, unemployment and poverty persist in a community that nevertheless shows resilience and feeds on hope. While the first part of this article relates the interviews, the final part identifies from them the discourses that keep the black and white communities from forming a group identity that is based on equality and human dignity as the values of democracy.
THE EFFECT OF A LEADERSHIP DEVELOPMENT PROGRAMME ON A GROUP OF ADOLESCENTS FROM A RESOURCE-RESTRICTED COMMUNITY
Authors: Simeon Elzahne , Herbst Alida , Nienaber Alida
Published: January 2018

The Student Rag Community Service (SRCS) of the North-West Universityâ€™s Potchefstroom campus is a student-driven, registered, non-profit organisation which plans and manages more than 75 student community engagement projects. One of these projects involves a leadership development programme, Pick-A-Leader (PAL), among the grade 11 learners of three schools in resource-restricted communities in the Potchefstroom district. This article focuses on the experiences of the grade 11 learners who took part in this programme.
TRAINING UNIVERSITY STUDENTS FOR COMMUNITY ENGAGEMENT: LESSONS FROM A KNOWLEDGE, ATTITUDES AND BEHAVIOUR (KAB) STUDY
Authors: Weyers Mike M.L. , Herbst Alida
Published: January 2018

This article describes the contents and effect of an accredited short course on socio-economic development that was designed for the project leaders of the Student Rag Community Service (SRCS) of the North-West Universityâ€™s Potchefstroom campus. The SRCS is the largest student-driven non-profit organisation in South Africa and the course was intended to enable its students, which came from diverse academic backgrounds, to become effective leaders of non-curricular community engagement projects. Measurements were done by means of knowledge, attitudes and behaviour (KAB) scales, as well as an adapted Facilitation Assessment Scale (FAS). The results proved that the course had a practical significant effect on the participantsâ€™ knowledge and a medium to large effect on their attitudes and intended behaviour. These findings make it possible to use the course as a basis for the development of similar courses in community engagement at other tertiary training institutions and even further afield.
DIFFERENCES IN COPING STRATEGIES AND THEIR CONTRIBUTION TOWARD ADOLESCENT SUICIDE IDEATION ACROSS RACE
Authors: George Ancel
Published: January 2018

The well-being of adolescents is influenced by their ability to cope with various challenges they experience during this developmental period. Living in a multicultural society, group differences and other socially dividing factors could influence various psychosocial aspects of their lives. The purpose of this article is to explore the contribution of coping strategies across race and how they influence suicide ideation in different race groups. Non-experimental, cross-sectional research was conducted using a criterion group design. A random sample of 600 learners was gathered from ten schools in the Northern Cape Province. Data were collected using the Suicidal Ideation Questionnaire for Adolescents, and COPE Questionnaire. Results indicate that black participants reported higher use of dysfunctional coping strategies as compared to the other race groups, while the coping subscales for white participants explained the highest variance for suicide ideation. Further studies are suggested to explore the underlying reasons for the high levels of dysfunctional coping strategies in some groups in particular.
A COMPLICATED GRIEF INTERVENTION PROGRAMME (CGIP) FOR SOCIAL WORKERS
Authors: Drenth Cornelia , Herbst Alida , Strydom Herman
Published: January 2018

Grief is a well-described concept in the literature, but complicated grief only recently became the concern of professionals working in this field. The necessity for a complicated grief intervention programme became evident after a fruitless search to find South African literature and interventions on the topic. This article describes the Complicated Grief Intervention Programme (CGIP) with the Complicated Grief Intervention Model (CGIM) as framework for intervention. The focus is on intervention techniques such as desensitisation, visualisation, use of the client-log, miracle questions, metaphors, rituals and humour. The CGIP is a time-limited intervention programme and consists mainly of interventions implemented during the three steps of the CGIM namely, assessment, implementation and evaluation/termination. Although the CGIP has not been widely tested, it holds the potential to serve as a guideline for social workers and other professionals working in the field of grief and bereavement.
EXPLORING THE SOCIAL CONTEXT OF STREET CHILDREN
Authors: Van der Westhuizen Marichen , Keet Nelleke
Published: January 2018

South African legislation and policies acknowledge street children as a vulnerable group, and make provision for services to them. It, however, seems that this social issue remains a serious challenge to society and social service delivery. This qualitative research study aimed to explore and describe the perceptions of street children, their parents/guardians, as well as community members in the Drakenstein Municipal area in an effort to develop a better understanding of the current state of affairs. The findings resulted in the identification of focus areas for the planning and imple-mentation of social services to street children.
EDITORIAL
Authors: Triegaardt Jean , Collins Kathleen
Published: January 2018

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A SUPERVISION TOOL TO GUIDE POSTGRADUATE STUDENTS DURING RESEARCH SUPERVISION
Authors: Grobler Herman
Published: January 2018

It is not uncommon for postgraduate students to postpone or terminate their studies due to emotional and/or academic reasons. The purpose of this research-based article is to propose a specific supervision tool within supervision that may enable the supervisor to meet both academic and emotional needs of students. A qualitative approach was followed with a case study design. A combination of creative drawing and a personality profile was used as a method to guide twelve students towards a better understanding of themselves in order for them to be able to complete the course successfully. The results showed that specific selves are prominent during the supervision process that either motivate the students or act as barriers. Most students had an external locus of control, but also a need to complete their studies. Students became empowered in realising who they are and where their power lies in order to make the best possible decisions regarding their studies.
THE ROLE OF LOCAL GOVERNMENT IN STRENGTHENING DEMOCRACY
Authors: Mathenjwa Mbuzeni
Published: January 2018

The place and role of local government within the structure of government in Africa has attracted much public interest. Prior to and after independence, African countries used local government as the administrative units of central governments without their having any legal status, to the extent that local authorities were under the strict control of central governments. The autonomy of local government is pivotal in the democratisation of a country. The United Nations, European Union and African Union have adopted treaties to promote the recognition and protection of local government in the state partiesâ€™ constitutions. Accordingly, this article explains the status of local government in Africa and its impact on strengthening democracy in African states.
CISG AND REGIONAL SALES LAW: FRIENDS OR FOES?
Authors: Coetzee Juana
Published: January 2018

Â Economic co-operation and integration brings with it a need to harmonise mechanisms for the regulation of international trade, not only at a public-law level between states but also at a private-law level between traders inter partes. It is often forgotten that differences in the substantive law applicable to a contract function as a non-tariff barrier to trade. Because international trade facilitates economic development, the focus in this article is on the harmonisation of sales laws. Traditionally, private law harmonisation has been conducted by international private or inter-state organisations that specialise in the harmonising of law at a global level. Today, private organisations and groups devoted to harmonising business laws, as well as regional economic integration organisations, are also pursuing legal harmonisation. Global, regional and domestic laws now all exist in the same area of the law, which can give rise to duplication of efforts and problems with the co-existence of global and regional sales law. This article will discuss these issues with reference to the United Nations Convention on Contracts for the International Sale of Goods (CISG) and selected regional laws in considering whether regional harmonisation can act as a stepping stone towards increased harmonisation at a global level or whether it is to be viewed as a threat to global integration and harmonisation.
THE MODERN TRAVELLING MERCHANT: MOBILE COMMUNICATION IN INTERNATIONAL CONTRACT LAW
Authors: Schroeter Ulrich G
Published: January 2018

The use of mobile communication devices such as mobile phones, smartphones, tablet computers or notebooks with access to the internet has become an everyday phenomenon in today's business world. However, whenever mobile communications are used for the purposes of contract formation, that is, the mobile dispatch of offers or acceptances, the mobility of the communicating parties raises important difficulties for the application of traditional legal rules: The fact that messages transmitted via phone, email or SMS can be dispatched and received Â at virtually any Â place on Â earth challenges the categories of private international law and international contract law, which are based on the (unspoken) assumption that parties communicate from their home country. The existing legal framework for cross-border contracts therefore hardly takes into account the possibility that parties may move across borders, and that the place of their communications may accordingly vary.The present article addresses the legal difficulties and uncertainties that crossÂ­ border Â mobile communication Â raises under international rules of law. It elaborates on the traditional role of the site of communication in this context before scrutinising how 'mobility friendly' the provisions Â of the relevant Â conventions Â developed Â by the United Nations, the Hague Conference for Private International Law and other organisations Â are. In doing Â so, Â it critically Â discusses Â in particular Â article Â 10(3) Â of the UN Electronic Communications Convention of 2005, the most recent attempt at regulating mobile communications. Finally, it identifies a number of problems that have hitherto been overlooked (as notably the interaction of article 10(3) of the UN Electronic Communications Convention with traditional private international law rules on the formal validity of contracts) and proposes appropriate solutions.
POLITICAL AND ECONOMIC INTEGRATION IN THE SADC: REFORMING THE ENERGY SECTOR REGULATORY SYSTEM
Authors: Jobodwana Z Ntozintle
Published: January 2018

The Southern Africa Development Community (SADC), the African Union (AU) and other African regional economic communities (RECs) have as their ultimate objective the political and economic integration of the African continent. The SADC is home to a number of countries, all of them striving to improve their investment climate to attract foreign investors by reducing the costs of doing business in the region. One way of achieving this is by setting targets for and speeding up political and economic integration, improving interconnectivity and thereby enlarging the market size and enhancing its attractiveness. The SADC region still suffers from high levels of energy poverty through low access levels in all countries except South Africa and Mauritius. Numerous studies have shown that greater regional trading and cooperation on power development within the SADC could substantially reduce investment and operational costs as well as carbon emissions. The need for a regional power trading pool and regional cooperation grew out of the power utilitiesâ€™ recognition of the vulnerability of individual countries if each continued to pursue a policy of self-sufficiency rather than out of a desire to minimise the social or financial costs of the regionâ€™s power. The power sector in southern Africa is undergoing tremendous reforms, more especially since the establishment of the Southern African Power Pool (SAPP) in August 1995. The SADC, however, faces serious challenges that include diminishing surplus generation capacity and the need to ensure that SADC citizens have equitable access to electricity at affordable prices. To meet these challenges, treaties and protocols have been adopted but are failing to deliver at the implementation stage. This article reviews the SADC energy-electricity regulatory framework in the context of economic and political integration and recommends the establishment of an independent regional regulatory authority to oversee the implementation of integrated holistic energy and air pollution control and prevention, and a common climate change policy. Such a regulator would be a highly resourced regional institution that will liaise with international institutions. This independent regional authority will serve as a catalyst for regional economic integration. It will also have a mandate to introduce and coordinate the establishment of an SADC regional emissions trading scheme that will contribute to managing the mitigation of greenhouse gases (GHGs) and the implementation of global warming adaptation strategies in the region.
THE BROKEN LEGS OF THE AFRICAN UNION COMMISSION CHAIR: A CRITIQUE OF THE PRESENT AND PROSPECTS FOR THE FUTURE
Authors: Saurombe Amos
Published: January 2018

Dr Nkosazana Dlamini-Zuma successfully lobbied for and secured the prime seat as the new AU Commission Chairperson. This paper argues that the office of the Chairperson of the AU Commission does not have the legal and political power to spearhead the proper functions of the Commission Secretariat, hence the â€˜broken legsâ€™ in the title. The new Chairperson is going into an organisation which is intergovernmental in nature, with the critical decision-making power still in the hands of individual member states. The question being asked in this paper is how the Chairperson can exercise her mandate under the current setup. There is a need to look critically at the AUâ€™s culture and how it functions, and at its grand political dreams that in most cases have not come true. The paper concludes by advocating major institutional reforms so that the office of the AU Commission Chairperson becomes credible and legitimate to empower her to sit down and work.
THE UNCITRAL MODEL LAW ON INTERNATIONAL COMMERCIAL ARBITRATION: INTERPRETATION, GENERAL PRINCIPLES AND ARBITRABILITY
Authors: Viscasillas Pilar Perales
Published: January 2018

This article explores the possible modification of the UNCITRAL Model Law on International Commercial Arbitration (MAL) to include the topic of arbitrability. This is an area in which the domestic legal systems differ, particularly in relation to the arbitrability of intra-corporate disputes. The article also deals with new art 2A, introduced into the Model Law in 2006, which deals with the interpretation and gap-filling system under the Model Law. The interpretation of MAL in accordance with its international character is a very important step towards uniformity and therefore the different tools required for a uniform interpretation are analysed. These include case law and scholarly writings; the meaning and importance of achieving both a uniform and an international interpretation of MAL are also considered. The article also analyses the whole text of MAL in order to arrive at the general principles on which the Model Law is based; when problems have to be solved, these principles should guide issues of interpretation that arise under this law.
Editorial Note from one of the Organisers of the Conference Entitled Land and Housing: Prospects and Challenges Presented Under the Auspices of the Social Security Flagship, a Community Engagement Initiative Established by the College Of Law, Unisa
Authors: Viljoen Sue-Mari
Published: January 2018

Editorial
Land Reform and Housing: Reaching for the Rafters or Struggling with Foundations?
Authors: Pienaar Juanita M
Published: January 2018

With regard to land reform and housing, the pressing question is whether South Africans have indeed reached their rafters (ie the structures which make up the main framework of all roofs) and are therefore in the process of fixing roofs and enjoying protection against the elements, or are they still struggling with foundations? Within the context of housing, this overarching question also reflects on what would constitute the â€˜foundationâ€™ in order to enable the eventual construction of rafters to support the roof. What is the link between the foundation, required to stabilise the building on the one hand; and land reform and housing on the other? Inevitably further questions follow: if there is a link between land reform and housing, how and why did it emerge? What does the link entail and how is it dealt with? What are the difficulties and shortcomings that threaten the link and how can these threats be addressed? Essentially the premise is that access to housing (the rafters that support the roof) cannot and will not be achieved if access to land (the foundation) is not realised. The more sound the foundation, the better the overall structure and inevitably, the rafters in support of the roof. As will be explained, various approaches to foundations exist, depending on the kind of building to be constructed, the location thereof and the environmental and geographical considerations. Similarly, access to land, forming the foundation, may be approached from various perspectives, including inter alia relational, economic, property law and land reform approaches. The conclusion is reached that as builders South Africans have to harness all the tools they have at their disposal: definitely land reform tools, but also property law, planning and construction and economic and financial mechanisms, mixed in with creativity and commitment. It is imperative that sufficient land, ideally located, is secured in time and in a constitutional manner.
Proposing a Way to Develop the Substantive Content of the Right of Access to Adequate Housing: An Alternative to the Reasonableness Review Model
Authors: Muller Gustav
Published: January 2018

In this article an attempt is made to put forward a convincing case for giving substantive content to the right of access to adequate housing and looks towards relevant international law elaborations on the meaning of this right as contained in the International Convention on Economic, Social and Cultural Rights (ICESCR). It does so while being aware of the Constitutional Courtâ€™s prior rejection of an international law-based minimum core interpretation of the right and opting, instead, for the so-called model of reasonableness breview. Given that the court has so expressly taken and stuck to this stance, it is argued in the article that an international law-based substantive interpretation of the right is possible â€“ given that South Africa has recently ratified the ICESCR â€“ and that it is preferable given the shortfalls of the model of reasonableness review. The article further highlights what difference the preferred reading of section 26(1) would make as to how courts â€˜interpretâ€™ reasonableness, that is, how courts review compliance with section 26 at present if â€˜adequateâ€™ housing is understood as having security of tenure and access to basic municipal services; is affordable, habitable and accessible; is located in close proximity to social facilities; and is culturally adequate.
The Right to Housing: Challenges Associated with the '˜Waiting List System' Ekurhuleni Metropolitan Municipality v Various Occupiers, Eden Park Extension 5 2014 3 SA 23 (SCA)
Authors: Ebrahim Shamier
Published: January 2018

The right to adequate housing is a constitutional imperative which is contained in section 26 of the Constitution. The state is tasked with the progressive realisation of this right. The allocation of housing has been plagued with challenges which impact negatively on the allocation process. This note analyses Ekurhuleni Metropolitan Municipality v Various Occupiers, Eden Park Extension 5 which dealt with a situation where one of the main reasons provided by the Supreme Court of Appeal for refusing the eviction order was because the appellants subjected the unlawful occupiers to defective waiting lists and failed to engage with the community regarding the compilation of the lists and the criteria used to identify beneficiaries. This case brings to the fore the importance of a coherent (reasonable) waiting list in eviction proceedings. This note further analyses the impact of the waiting list system in eviction proceedings and makes recommendations regarding what would constitute a coherent (reasonable) waiting list for the purpose of section 26(2) of the Constitution.
A critique of search and seizure in terms of a search warrant in South African criminal procedure
Authors: Basdeo Vinesh
Published: January 2018

The requirements and safeguards for a valid search warrant in South African criminal procedure are critically analysed in this article. The existence of safeguards to regulate the way in which law enforcement officials may enter the private sphere of ordinary citizens is one of the features that distinguish a constitutional democracy from a police state. South African experience has been notoriously varied in this regard. Many generations of systemised and egregious violations of personal privacy established norms for citizens that seeped generally into the public administration and promoted amongst a great many officials habits and practices inconsistent with the standard of conduct now required by the Bill of Rights. Today, law enforcement officials must be highly skilled in the use of investigative tools and extremely knowledgeable about the intricacies of the law. One error in judgment during initial contact with a suspect can, and often does, impede the investigation and could affect the fairness of the trial. For example, an illegal search may so contaminate evidence obtained that it will not be admitted as evidence in court. In addition to losing evidence for prosecution purposes, failing to comply with constitutional mandates often leads to liability on the part of the law enforcement official.
Onrus en Geweld: 2015 (1)
Authors: Du Plessis Willemien , Pienaar Juanita , Olivier Nic
Published: January 2018

Commentary
'A Comedy of Errors': Parliament's Conduct in Relation to the Tabling of a Motion of No Confidence in the President Mazibuko v Sisulu 2013 6 SA 249; 2013 11 BCLR 1297 (CC)
Authors: Devenish George
Published: January 2018

The Constitutional Court in the case of Mazibuko v Sisulu had to examine Parliament's conduct in relation to the tabling of the motion of no-confidence in the President. This case note examines the respective merits of and comments on both the majority and minority judgments of the Court. Although the minority judgment is a dissenting one, in a sense, as will explained, it can be perceived as complementary to the main judgment, as well as raising certain interesting issues, for instance, the separation of powers and constitutional conventions.
Can Estoppel be Raised Against an Eviction in Terms of PIE?
Authors: Du Plessis Elmien WJ
Published: January 2018

Estoppel is a well-known defence against (or limitation on) the rei vindicatio. This would be the case for example where the owner by some representation creates the impression that a third party is the owner of a thing and that the third party has the capacity to alienate the property. The bona fide third party can, when the owner then institutes the rei vindication to recover his property, raise estoppel and preclude the real owner from claiming his property.Â Before 2002, if one wanted to evict an unlawful occupier from certain residential premises, one would institute the rei vindicatio. In Ndlovu v Ngcobo; Bekker v Jika [2002] 4 All SA 384 (SCA) the court, however, ruled that the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 (PIE) must be used in all instances of evicting people from urban residential premises. The question is: does estoppel serve as a defence/limit in the application of PIE? Surprisingly few cases deal with this issue. The court in Joe Slovo made a few remarks about the possibility of using estoppel as a defence against the rei vindicatio by looking at the interpretation of â€˜tacit consentâ€™ required by PIE. This article will interpret provisions of PIE and look at case law that deals with the use of estoppel in lease cases. It will conclude by remarking on the feasibility of using estoppel as a defence in PIE eviction cases.
Contempt and Execution in Vindicating the Right to Education
Authors: Ganesh Aravind
Published: January 2018

Article
Ambivalent Adjudication of Admission and Access to Schools: Striking a Reasonable Balance between Equality, Quality and Legality
Authors: Smit Marius
Published: January 2018

South Africa comprises a dual but interdependent social order, shaped by colonialism and apartheid that was largely determined along racial lines. This social structure consists of a relatively advanced, globally interconnected political economy dominated by the mainly white, fairly affluent minority, and a relativelyunderdeveloped socio-economic stratum comprising mainly the black majority. Since 1994 the transition from an apartheid state to an emerging democracy had a profound effect on education in South Africa.
Towards Successful Schooling: The Role of Courts and Schools in Protecting Conflicting Individual Educator and Learner Rights
Authors: De Waal Elda , Serfontein Erika
Published: January 2018

Article
On Pushing a Pen and Questions about Academic Freedoms and Restrictions in a Transitional Setting
Authors: Beckmann Johan , Prinsloo Justus
Published: January 2018

Article
The Right to the City and the Urban Environment: Re-Imagining Section 24 of the 1996 Constitution
Authors: Pieterse Marius
Published: January 2018

Article
Islamic Headscarves, Sikh Turbans, Crucifixes And Proselytism: What has become of Religious Freedom in Europe?
Authors: Barrie George
Published: January 2018

Article
Editorial Note from the Chairman of the Newly Launched Centre for Indigenous Law in the Department of Public, Constitutional and International Law
Authors: Ndima Dial Dayana
Published: January 2018

Editorial
The Constitutional Divide of Postapartheid South Africa in the Jurisdiction of the Traditional Justice System
Authors: Ntlama Nomthandazo , Ntlama Dazo
Published: January 2018

The exclusive jurisdiction of the traditional justice system â€“ which in effect is based on racial classification â€“ has been the subject of debate in South Africa since the attainment of democracy in 1994. The debate is drawn from the Constitution, which recognises the general system of customary law, and limits its application to the people who observe it. The debate is further fuelled by the non-explicit recognition of the customary court system within the judicial structure of the Republic. These courts are inferred from the concept of â€˜any other courtsâ€™ in the Constitution. The inference of customary courts from â€˜any other courtsâ€™, compromises the legitimate status of these courts in the resolution of disputes that arise from the system of customary law â€“ in line with the ideals of the new constitutional dispensation. This considered, this article critically reviews the constitutional status of the customary court system in South Africa. The objective is to examine the effect of its exclusive jurisdiction in the application of the principles of traditional justice. It is also limited to the review of South Africaâ€™s constitutional perspective on the protection of customary law relating to the advancement of the traditional justice system. It is argued, therefore, that the exclusive jurisdiction of the traditional justice system is a direct racial classification under the guise of the foundational values of the new democratic dispensation. Equally, the status given to customary courts â€“ which is inferred from the concepts of â€˜any otherâ€™ â€“ constitutes a manifestation of the historic divide that compromises the legitimacy of these courts in the application of traditional justice. The extent, to which the exclusive jurisdiction can move towards a system that inclusively reflects the values of the new democratic dispensation, is also reviewed in general.
The Failure of an Arranged Marriage: The Traditional Leadership/Democracy Amalgamation Made Worse by the Draft Traditional Affairs Bill
Authors: Kohn Lauren
Published: January 2018

This article presents an analysis of the recently published Draft Traditional Affairs Bill, 2013 and, in particular, clause 25 thereof. Clause 25 (â€˜[a]llocation of rolesâ€¦â€™) contemplates something akin to the delegation of legislative power â€“ in an unguided and unfettered manner â€“ to â€˜departmentsâ€™ in the national and provincial spheres of government and the concomitant subdelegation of â€˜rolesâ€™ in respect of the functional areas of these spheres to unelected traditional councils and leaders. This provision threatens not only the rule of law, but also the delicate twofold constitutional division of power: the horizontal separation of powers between the three arms of state and the vertical division of government into three spheres (national, provincial and local). Against the backdrop of the constitutional framework governing traditional leaders, this article unpacks the elements of clause 25 of the Draft Bill by addressing several specific questions which illustrate how and why clause 25 will fail to pass constitutional muster. Amongst other things, the notion of a â€˜roleâ€™ is considered and compared with that of a â€˜functionâ€™ and â€˜powerâ€™ respectively. Similarly, the meaning of â€˜allocationâ€™ is considered and insofar as it amounts to delegation, the limits to the delegation of legislative and discretionary powers â€“ as carved out by the Constitutional Court â€“ are applied to the provisions of clause 25. Finally, it is determined that although customary law may be a source of administrative power for traditional leaders, these leaders may not exercise quintessential governmental power and insofar as clause 25 purports to confer such governmental powers on traditional leaders and councils, the Draft Bill impermissibly seeks to render traditional leaders a fourth sphere of government in breach of the twofold separation of powers and in violation of the explicit provisions of section 212(1) of the Constitution.
A Horizontal Treaty on Cooperation in International Criminal Matters: The Next Step for the Evolution of a Comprehensive International Criminal Justice System?
Authors: Tladi Dire
Published: January 2018

This paper addresses the intersection between two key concepts in international criminal justice, namely cooperation and complementarity. While it is recognised that domestic courts carry main responsibility for ensuring accountability for the commission of international crimes, there appears to be gaps in two areas. First, international law does not make provision for a comprehensive obligation to investigate and prosecute such crimes. Second, there is no comprehensive and robust interstate cooperation obligation, necessary to ensure successful domestic investigations and prosecutions. The paper assess two initiatives designed to fill these gaps, and considers their strengths, weaknesses and the possible synergies between them.
Judicial Independence at the Regional and Sub-Regional African Courts
Authors: Swart Mia
Published: January 2018

Qualified and independent judges are essential for the legitimacy of the Courts. African regional courts will only contribute to the rule of law if the courts are legitimately composed. The purpose of this article is to consider whether judicial independence at the African regional and subregional courts has contributed t setting standards for the rule of law in Africa. The focus will be on the African Court of Human and People's Rights as well as the courts of the most prominent subregional communities. Because of the influence of the African Commission the composition of this body will also be considered.
Contract Law and the Constitution: Bredenkamp v Standard Bank of South Africa Ltd (SCA)
Authors: Bhana Deeksha
Published: January 2018

Case Note
The 'Intentional' Sexual Transmission of HIV: A Note of Caution In Light of Phiri v S
Authors: Nienaber Annelize
Published: January 2018

Case Note
Whole person integrative cancer care in action - an overview of its implementation and patient related outcomes
Authors: Seely Dugald , Ennis Julie
Published: January 2018

Learning Objectives: Explore and understand the implementation and evaluation of an integrative cancer care model based on evidence based care and programming. Goals of care are to improve quality of life for those with cancer and work towards cancer prevention through a combination of approaches including Complementary medicine including nutrition, exercise and lifestyle management.Background and Project Objectives:The Ottawa Integrative Cancer Centre (OICC) provides evidence-informed integrative and preventative cancer care, research, and education across the spectrum of prevention to survivorship. The purpose of this presentation is to describe the population receiving care at the OICC in terms of demographic and disease-related characteristics, in addition to their experience receiving care in terms of therapies received and preliminary outcomes.Methods: All people receiving care at the OICC are invited to complete a registration package that documents demographic and disease-related characteristics in addition to baseline quality of life (EORTC-QLQ C30), cancer-related symptom (ESAS) and patient-identified concerns or problems (MYCaW). Every 3 months, a follow up assessment is completed for continuing patients.Results:The majority of people seek care at the OICC to manage cancer and treatment related side effects. Other people seek supportive care with their prescribed standard care, to control or cure their cancer, or to prevent a recurrence. Approximately one half of people self-identify as under distress for at least one common cancerrelated symptom. Most patients consult a naturopathic doctor, often in combination with a general practitioner, nutritionist, acupuncturist, physiotherapist, or counselor.Results will be presented regarding quality of life, cancer related symptoms and patient-identified concerns, stratified as possible by age, sex, cancer type, stage and types of treatment received.
Introducing graphic medicine: care and comics
Authors: Graham Robert
Published: January 2018

Since around 2000, there has been a growing body of work which tells medical stories using the form of comics. This genre has come to be called “Graphic Medicine” and has been organized and supported with annual (since 2007) global “Comics & Medicine” conferences and a publication series at The Pennsylvania State University Press. The seminal "Graphic Medicine Manifesto" was published by that press in 2015. In my presentation I would like to begin with a survey of the genre’s history and to transmit a sense of its scope. Graphic Medicine publications are composed and illustrated by physicians, nurse practitioners, patients, patients’ family members and other creator/observers. Sometimes they are testimonies of actual cases and other times they are imagined and constructed. The perspectives offered and illustrative styles are wildly variable. The scope of vision might be broad and sociologically dense, displaying the patient’s lifeworld or only show the experience of an isolated figure. I believe that Graphic Medicine can make claims to offer a unique instrument of mediation. As such, it can be used to facilitate the relation between doctors, students, patients and families. Comics can illustrate the imaginative and symbolic representations of figures and their dynamic relationships.Furthermore, I  propose that its features are sympathetic to and supportive of the goals and methods of Whole Person Care. Graphic Medicine is holistic as it presents a contextualizing situation, while subjective draughtsmanship enhances the affective dimension. And they are also anxiety reducing - for after all, they are still comics.
Where did everybody go? Working with anxiety when cancer treatment ends
Authors: Pitman Anne , Wilcox Rabia
Published: January 2018

Anticipating the end of cancer treatment, we think we will be nothing but relieved.  In most cases, there is significant relief, but also significant fear. To add to the difficulty, when cancer treatment finishes, so do most supportive programs. People expect us to be “back to normal” now that we “have our life back”, even though  our perspective on life may well have changed during the process of cancer treatment. Ultimately, we can feel quite alone, worried about the cancer coming back and not being sure how to live this new reality.This workshop invites practicing psychosocial clinicians and allied health professionals to learn to integrate a host of effective holistic techniques to patients and caregivers at this uniquely stressful time. In this experiential workshop learn body-centered tools to soften the fear of recurrence, re-balance the nervous system and help people both settle and thrive into this “new normal” life.