scholarly journals Criminal Liability, Public Policy, and the Principle of Legality in the Republic of South Africa

1982 ◽  
Vol 73 (3) ◽  
pp. 1061 ◽  
Author(s):  
Lee W. Potts
Keyword(s):  
South Africa ◽  
Public Policy ◽  
Criminal Liability ◽  
The Republic ◽  
Principle Of Legality

scholarly journals RELATIVE BARGAINING STRENGTH AND ILLEGALITY Uniting Reformed Church, De Doorns v President of the Republic of South Africa 2013 (5) SA 205 (WCC)

Obiter ◽  
2014 ◽  
Vol 35 (1) ◽  
Author(s):  
Robert Sharrock
Keyword(s):  
South Africa ◽  
Public Policy ◽  
South African ◽  
Bargaining Power ◽  
Relevant Factor ◽  
The South ◽  
Reformed Church ◽  
The Republic ◽  
Bargaining Positions

The South African courts have recognized that the relative situation of contracting parties when concluding the contract – the strength of their bargaining positions relative to each other – is a relevant factor when determining whether a particular provision in the contract (or the contract as a whole) is contrary to public policy. However, there are relatively few cases in which the court has actually relied upon inequality of bargaining power as a ground for holding that a contractual provision is illegal. In Uniting Reformed Church, De Doorns v President of the Republic of South Africa (2013 (5) SA 205 (WCC) (the “URC case”)), Zondi J held that one of the reasons why a clause common to certain notarial leases was contrary to public policy was because the contractants had not occupied equal bargaining positions when entering into the leases. Whether or not one fully agrees with the judge’s reasoning, the decision underscores the importance of understanding what is meant by relative bargaining strength and how and when it affects the lawfulness of a contract.

scholarly journals NON-RECOGNITION OF MUSLIM MARRIAGES: DISCRIMINATION AND SOCIAL INJUSTICE

Obiter ◽  
2021 ◽  
Vol 30 (2) ◽  
Author(s):  
Razaana Denson
Keyword(s):  
South Africa ◽  
Public Policy ◽  
South African ◽  
Legal Status ◽  
Legal Reform ◽  
Social Injustice ◽  
Legal Recognition ◽  
Legal Nature ◽  
The Status ◽  
The Republic

The following issues are discussed in the article, namely the legal status of Muslim marriages, the legal nature of Muslim marriages, the reasons for non-recognition, in particular the concept of “public policy”, as well as the various approaches adopted by the South African courts when dealing with the issue whether Muslim marriages should be granted legal recognition. The effect of the Constitution of the Republic of South Africa, 1996 on the status and consequences of Muslim marriages as well as the proposal for legal reform in the form of a draft Muslim Marriages Bill which was released on the 22 July 2003 is also dealt with.

scholarly journals THE RULE OF LAW IN INDIAN ADMINISTRATIVE LAW VERSUS THE PRINCIPLE OF LEGALITY IN SOUTH AFRICAN ADMINISTRATIVE LAW: SOME OBSERVATIONS

Obiter ◽  
2021 ◽  
Vol 42 (3) ◽  
Author(s):  
Radley Henrico
Keyword(s):  
South Africa ◽  
South African ◽  
Rule Of Law ◽  
Administrative Law ◽  
Indian Constitution ◽  
The Rule Of Law ◽  
Life Assurance ◽  
Equivalent Expression ◽  
The Republic ◽  
Principle Of Legality

The rule of law is expressly mentioned in the Constitution of the Republic of South Africa, 1996. The principle of legality has flourished in South African administrative law since its recognition and reception into our law in Fedsure Life Assurance Ltd v Greater Johannesburg Transitional Metropolitan Council 1999 (1) SA 374 (CC). The Indian Constitution does not contain an equivalent expression of the rule of law. Notably, how persons and societies in India govern themselves is premised upon beliefs akin to the rule of law. Moreover, Indian administrative law has been strongly influenced by the theory of the rule of law as advocated by Dicey. Whilst Indian administrative law relies heavily upon the rule of law to judicially review conduct that is capricious, South African administrative law has come to rely on the incident of the rule of law, namely the principle of legality. This contribution inspects some of the reasons why the rule of law is heavily relied on in Indian administrative law – where it essentially mirrors the South African administrative law principle of legality. This contribution also suggests reasons as to why the principle of legality is so prevalent in South African administrative law as opposed to merely the rule of law as employed by the Indian courts in Indian administrative law.

scholarly journals Peraturan Daerah Syariah dalam Bingkai Otonomi Daerah

2013 ◽  
Vol 3 (2) ◽  
pp. 279-298 ◽  
Author(s):  
Alwi Bik
Keyword(s):  
Public Policy ◽  
Point Of View ◽  
Regional Autonomy ◽  
Regional Authority ◽  
The Republic ◽  
Definition Of ◽  
Principle Of Legality ◽  
The Relationship ◽  
Dynamics Of Science ◽  
Laws And Regulations

Abstract: The authority in making the Regional Regulation (Perda) is a tangible manifestation of the application of the widely autonomy owned by a certain region. As a country that adheres to the principle of legality in each preparation and formation of legislation, the definition of regional authority in the preparation and establishment of local regulations must refer to the existing statutory provisions, especially those which govern the relationship between the central and the region in the Unitary of the Republic of Indonesia. Study on the existence of the Syari’ah Regional Regulation is a topic of the discussion that characterizes the dynamics of science, especially after the reform in Indonesia. The standpoint of most of the discussions about the existence of the Syari’ah Regional Regulation is quite varied, among others are: (a) from a legal standpoint,  namely Law No. 10 year 2004 about  the establishment of laws and regulations; (b) from a political standpoint; (c) from a social standpoint, and; (d) assessment of the investment point of view. From some of these studies, public policy should be any more emphasis on the benefit aspects of society. It is based on the legal maxim “policy of a top leader to his people always leads to a benefit”.Keywords: Regional regulation, shari’ah, regional autonomy

South Africa and Portugal

1974 ◽  
Vol 4 (2) ◽  
pp. 9-20
Author(s):  
Basil Davidson
Keyword(s):  
South Africa ◽  
Public Policy ◽  
United Nations ◽  
South African ◽  
Central Element ◽  
Economic Structure ◽  
Cape Verde ◽  
The South ◽  
The Republic ◽  
The Military

A central element in the story of southern Africa during the early 1970s is the quietly persistent penetration in to neighboring countries of dominant interests—whether economic, political or even military—of the Republic of South Africa. As the motives for this expansion have become clearer, so too has the crucial nature of the importance to the South African system of the Portuguese colonialist positions in Angola and Mozambique, and, by an inseparable extension, in Guinea-Bissau and the Cape Verde archipelago.This significance to South Africa of the “Portuguese territories” is now observable in all major fields of public policy and action, and ranges from the military-logistical to the very interstices of the South African economic structure. An understanding of the South African government's relations with these territories, as well as of its relations with the Portuguese regime in Lisbon, must therefore be essential to a realistic estimate of likely developments in the subcontinent, and bears, accordingly, a direct meaning for the policies and intentions of the United Nations.

scholarly journals THE PRINCIPLE OF LEGALITY AND THE REQUIREMENTS OF LAWFULNESS AND PROCEDURAL RATIONALITY Law Society of South Africa v President of the RSA (2019 (3) SA 30 (CC))

Obiter ◽  
2021 ◽  
Vol 42 (2) ◽  
Author(s):  
Warren Freedman ◽  
Nkosinathi Mzolo
Keyword(s):  
South Africa ◽  
Procedural Fairness ◽  
Constitutional Court ◽  
Procedural Rationality ◽  
Public Power ◽  
Wide Range ◽  
The Difference ◽  
The Republic ◽  
The One ◽  
Principle Of Legality

Apart from conferring a wide range of powers on the President, the Constitution also regulates the manner in which the President may exercise these powers. One of the ways in which the Constitution does this is by imposing an obligation on the President to exercise his or her powers in accordance with the principle of legality, which is an incident of the rule of law. A necessary consequence of this requirement is that a decision of the President may be reviewed and set aside on the grounds that it infringes the principle of legality.From its relatively modest beginnings in Fedsure Life Insurance v Greater Johannesburg Transitional Metropolitan Council (1999 (1) SA 374 (CC)) – where the Constitutional Court held that the exercise of public power is only legitimate when it is lawful – the principle of legality has expanded in leaps and bounds over the past 21 years; today, it encompasses several other grounds of review, including lawfulness, rationality, undue delay and vagueness.Of all of these broad grounds of review, substantive rationality has received the most attention from the courts and today encompasses several other grounds of review itself, such as procedural fairness, procedural rationality, relevant and irrelevant considerations (Democratic Alliance), non-jurisdictional mistake of fact, and, on occasion, the giving of reasons.Unfortunately, the development of the principle of legality has not been all plain sailing, and the rationality jurisprudence of the Constitutional Court has given rise to complex and difficult questions. This is particularly the case when it comes to procedural fairness and procedural rationality. It is not entirely clear what the difference between these two requirements is and in what circumstances the one should be applied rather than the other. The court attempted to address some of these questions in Law Society of South Africa v President of the Republic of South Africa (2019 (3) SA 30 (CC)) (Law Society). The purpose of this note is to discuss this case critically.

Time and Latitude in South Africa

1972 ◽  
Vol 1 ◽  
pp. 27-38
Author(s):  
J. Hers
Keyword(s):  
South Africa ◽  
Cape Town ◽  
Astronomical Observations ◽  
Royal Observatory ◽  
The Republic ◽  
Astronomical Determination ◽  
Limited Accuracy ◽  
Better Than

In South Africa the modern outlook towards time may be said to have started in 1948. Both the two major observatories, The Royal Observatory in Cape Town and the Union Observatory (now known as the Republic Observatory) in Johannesburg had, of course, been involved in the astronomical determination of time almost from their inception, and the Johannesburg Observatory has been responsible for the official time of South Africa since 1908. However the pendulum clocks then in use could not be relied on to provide an accuracy better than about 1/10 second, which was of the same order as that of the astronomical observations. It is doubtful if much use was made of even this limited accuracy outside the two observatories, and although there may – occasionally have been a demand for more accurate time, it was certainly not voiced.

Implementation of the Child Identity Card Policy in Bandung Regency

2019 ◽  
Vol 15 (1) ◽  
Author(s):  
Rodlial Ramdhan Tackbir Abubakar
Keyword(s):  
Public Policy ◽  
Policy Implementation ◽  
Research Method ◽  
The Public ◽  
Implementation Model ◽  
Edward Iii ◽  
Identity Card ◽  
Descriptive Approach ◽  
The Republic ◽  
Identity Cards

Previously, Indonesia only issued Identity Cards for citizens who had reached the age of 17 years. However, after the presence of a new policy from the Interior Ministry of the Republic of Indonesia contained in the Republic of Indonesia Minister of Home Affairs Regulation Number 2 concerning Child Identity Cards, now Indonesian citizens who are less than 17 years old can have an identity card in the form of a Child Identity Card. The main problem in this research are the limitations of blanks and need additional personnel to improve services, especially in the context of issuing child Identity Cards. Besides, the realization of the issuance of child identity cards still far from the target and socialization to the public has not been conveyed in its entirety.. This study aims to examine how the implementation of Child Identity card in Bandung Regency. The research method used is qualitative with descriptive approach. This research is presented by using a narrative that discusses the implementation of child identity card policies in Bandung Regency. The focus of this research emphasizes the implementation model of Edward III covering communication, resources, disposition, and bureaucratic structure. The result of the research shows that implementation of Child Identity card in Bandung Regency has run optimally.Keywords : Public Policy; Policy Implementation; Identity CardAfandi, Warjio.2015. Implementasi Peraturan Daerah Kabupaten Asahan Nomor 11 Tahun 2011 tentang Pajak Daerah dalam Pencapaian Target Pajak Bumi dan Bangunan Perdesaan dan Perkotaan. Jurnal Administrasi Publik.Vol. 6, Nomor 2Afrizal. 2017. Pelaksanaan Kebijakan Pembuatan Kartu Identitas Anak di Kota Bandar Lampung. Universitas LampungAryanti. 2014. Implementasi Kebijakan Kependudukan Di Kabupaten Kuantan Singingi (Studi Kasus Pengurusan Akta Kelahiran Tahun 2012). Jurnal Online Mahasiswa FISIP. Vol. 1, Nomor 2, Halaman 2.Dwitamara. 2013. Pengaturan dan Implementasi Mengenai Hak Anak. Jurnal Hukum. Vol.18, Nomor 2, Halaman 1.Edwards III. 1980. Implementing Publik Policy. Congresinal. Quartely pressErdani, Indarja, Harjanto. 2017. Pelaksanaan Peraturan Menteri Dalam Negeri Nomor 2 Tahun 2016 Tentang Kartu Identitas Anak di Kota Semarang. Diponegoro Law Journal. Vol.6, Nomor 2, Halaman 2.  Hafrida. 2016. Perlindungan Hukum Anak. Jurnal Ilmu Hukum, Ragam Jurnal. Vol. 7 Nomor 2, Halaman 1Monica, Noak, Winaya. 2015. Implementasi Kebijakan Kartu Tanda Penduduk Elektronik (E-Ktp) Studi Kasus di Kecamatan Denpasar Utara Provinsi Bali. Citizen charter journal. Vol.1 Nomor 2, Halaman 3.Muh. 2018. Respon Orang Tua Terhadap Kartu Identitas Anak. Universitas Islam Negeri Sunan Kalijaga YogyakartaMustafa, Syahbandir. 2016. Penggunaan Diskresi oleh Pejabat Pemerintah untuk Kelancaran Penyelenggaraanpemerintahan Daerah. Jurnal Magister Ilmu Hukum, 4(2)Nugroho. 2009. Public Policy : Dinamika kebijakan, Analisis Kebijakan, Manajemen Kebijakan. Jakarta. GramediaPradika. 2018. Implementasi Kebijakan Kartu Identitas Anak (Kia) di Dinas Kependudukan dan Pencatatan Sipil Kota Yogyakarta. Sekolah Tinggi Pembangunan Masyarakat Desa YogyakartaRahmawati. 2018. Efektivitas Pelaksanaan Program Kartu Identitas Anak (KIA) Di Dinas Kependudukan dan Catatan Sipil Kota Cilegon 2017. Universitas Sultan Ageng TirtayasaRamdhani, Ramdhani. 2017. Konsep Umum Pelaksanaan Kebijakan Publik. Jurnal Publik. Vol 11, Nomor 1, Halaman 10Subarsono. 2005. Analisis Kebijakan Publik. Yogyakarta. Pustaka pelajarSubarsono. 2013. Analisis Kebijakan Publik. Yogyakarta. Pustaka pelajarSudrajat. 2011. Perlindungan Hukum Anak Sebagai Hak Asasi Manusia. Jurnal Ilmu Hukum. Vol. 13, Nomor 2, Halaman 1 Suryono. 2014. Kebijakan Publik untuk Kesejahteraan Rakyat. Jurnal Ilmu Ilmiah. Vol.6, Nomor 2, Halaman 98Tangkilisan. 2003.Implementasi kebijakan publik : transformasi pikiran George Edward. Yogyakarta. Lukman Offset dan yayasan pembaruan administrasi publik indonesia.Wahab.2010. Pengantar Analisis Implementasi Kebijakan Negara. Jakarta: Rineka Cipta.Wardhani, Hasiolan, Minarsih. 2016. Pengaruh Lingkungan Kerja, Komunikasi, dan Kepemimpinan Terhadap Kinerja Pegawai. Journal of Management.Vol.2, Nomor 2Widodo. 2011. Analisis Kebijakan Publik: Konsep dan Aplikasi Analisis Proses Kebijakan Publik. Malang. Bayu MediaWinarno. 2007. Teori dan Proses Kebijakan Publik. Yogyakarta. Media PressindoWiranata. 2013.Perlindungan Hukum Anak. Jurnal Hukum Unsrat  Vol.1, Nomor 3, Halaman 5. Peraturan Perundang-undanganUndang-undang Nomor 24 Tahun 2013 Tentang Perubahan Atas Undang-Undang Republik Indonesia Nomor 23 Tahun 2006 tentang Administrasi KependudukanPeraturan Menteri Dalam Negeri Republik Indonesia nomor 2 Tahun 2016 tentang Kartu Identitas Anak.

A Call for Public Participation in the Treaty-making Process in South Africa: What can South Africa Learn from the Kingdom of Thailand?

2020 ◽  
Vol 53 (1) ◽  
Author(s):  
Retselisitsoe Phooko
Keyword(s):  
South Africa ◽  
Human Rights ◽  
Public Participation ◽  
International Treaty ◽  
Legal Implications ◽  
Future Situation ◽  
Rules Of Procedure ◽  
The Republic ◽  
The Government ◽  
Personal Jurisdiction

On 2 August 2002 South Africa signed the Southern African Development Community (SADC) Protocol on Tribunal and the Rules of Procedure Thereof, thus effectively recognising and accepting the jurisdiction of the SADC Tribunal. Among the cases received by the SADC Tribunal was a complaint involving allegations of human rights violations by the government of Zimbabwe. It ruled that the government of Zimbabwe had violated human rights. Consequently, Zimbabwe mounted a politico-legal challenge against the existence of the Tribunal. This resulted in the review of the role and functions of the Tribunal in 2011 which resulted in the Tribunal being barred from receiving new cases or proceeding with the cases that were already before it. Furthermore, on 18 August 2014, the SADC Summit adopted and signed the 2014 Protocol on the Tribunal in the SADC which disturbingly limits personal jurisdiction by denying individual access to the envisaged Tribunal, thus reducing it to an inter-state judicial forum. This article critically looks at the decision of 18 August 2014, specifically the legal implications of the Republic of South Africa’s signing of the 2014 Protocol outside the permissible procedure contained in article 37 of the SADC Protocol on the Tribunal. It proposes that South Africa should correct this democratic deficit by introducing public participation in treaty-making processes in order to prevent a future situation where the executive unilaterally withdraws from an international treaty that is meant to protect human rights at a regional level. To achieve this, this article makes a comparative study between South Africa and the Kingdom of Thailand to learn of any best practices from the latter.

Drawing the Line between Dismissal for Alcoholism (Incapacity) and Dismissal for Drunkenness (Misconduct). Are the Boni Mores Compromised?

2018 ◽  
Vol 41 ◽  
pp. 57-63
Author(s):  
Thandekile Phulu
Keyword(s):  
South Africa ◽  
Economic Development ◽  
Social Justice ◽  
Occupational Health ◽  
Health And Safety ◽  
Occupational Health And Safety ◽  
Fundamental Rights ◽  
Labour Relations ◽  
Labour Practice ◽  
The Republic

In South Africa employees are protected by various pieces of legislation. Section 23 of the Constitution of the Republic of South Africa 1996 provides for a right to fair labour practice. In its preamble the Labour Relations Act 66 of 1995 (hereafter referred to as the LRA) states that the purpose of the Act is to advance economic development, social justice, labour peace and democratisation of the workplace. The LRA also states that one of its objectives is to give effect to and regulate the fundamental rights conferred by section 27 of the Constitution. The Occupational Health and Safety Act as amended by the Occupational Health and Safety Amendment Act 181 of 1993 provides for the health and safety of persons at work and for the health and safety of persons in connection with the use of plant and machinery. The LRA provides for dismissal for incapacity and dismissals for misconduct. It also differentiates between the two. The LRA provides for both substantive and procedural fairness when dismissing an employee for incapacity and misconduct. This paper will examine the rationale behind differentiating between dismissal for drunkenness and dismissal for alcoholism.

Sign in / Sign up

Export Citation Format

Share Document