scholarly journals What's so wrong with quotas? An argument for the permissibility of quotas under s 9(2) of the South African Constitution

2020 ◽  
pp. 251-299
Author(s):  
Nomfundo Ramalekana
Keyword(s):  
South African ◽  
The South ◽  
South African Constitution

scholarly journals THE RIGHT TO MOTHER-TONGUE EDUCATION: PRACTICABLE OR NOT?

Obiter ◽  
2021 ◽  
Vol 34 (2) ◽  
Author(s):  
Chrizell Chürr
Keyword(s):  
South African ◽  
Basic Education ◽  
Mother Tongue ◽  
Cumulative Effect ◽  
The South ◽  
National Education ◽  
Mother Tongue Education ◽  
South African Constitution ◽  
The Right ◽  
South African Schools Act

Mother-tongue and mother-tongue education are recognized worldwide as one of the most efficient ways to function cognitively and socially. This article addresses the role of proper mother-tongue education with an emphasis on the importance of “language” since language is vital to a child’s right to a basic education in all its dimensions. Without mother-tongue education, every child’s right to learn and to become a skilful adult, able to participate independently in society, is at risk. The cumulative effect of the South African Constitution, the National Education Policy Act, the South African Schools Act, several international instruments and a number of ground-breaking cases, as well as the interaction between them on mother-tongue education will be examined. The implementation of certain education models will also be proposed.

scholarly journals The Law and Practice of Criminal Asset Forfeiture in South African Criminal Procedure: A Constitutional Dilemma

2017 ◽  
Vol 17 (3) ◽  
pp. 1069
Author(s):  
Vinesh Basdeo
Keyword(s):  
Human Rights ◽  
South African ◽  
Justice System ◽  
Organised Crime ◽  
Primary Objective ◽  
The South ◽  
European Court ◽  
Proceeds Of Crime ◽  
Asset Forfeiture ◽  
South African Constitution

The deprivation of the proceeds of crime has been a feature of criminal law for many years. The original rationale for the confiscation of criminal assets at international level was the fight against organised crime, a feature of society described by the European Court of Human Rights as a "scourge" so that the draconian powers which are a feature of confiscation regimes around the world have been approved in circumstances which otherwise might have caused governments considerable difficulties before the international human rights tribunals.[1] The primary objective of this article is to determine if the asset forfeiture measures employed in the South African criminal justice system are in need of any reform and/or augmentation in accordance with the "spirit, purport and object" of the South African Constitution.[2] This article attempts to answer three questions. Firstly, why is criminal asset forfeiture important to law enforcement? Secondly, in which circumstances can property be forfeited and what types of property are subject to forfeiture? Thirdly, how is forfeiture accomplished, and what are its constitutional ramifications? 

Evolution of South Africa's Racist Constitutions and the 1983 Constitution

1987 ◽  
Vol 16 (1) ◽  
pp. 18-23
Author(s):  
Xia Jisheng
Keyword(s):  
South Africa ◽  
South African ◽  
State Law ◽  
The South ◽  
Constitutional Development ◽  
The Third ◽  
Fundamental State ◽  
History Of ◽  
South African Constitution

Since the enforcement of 1983 constitution, several years have passed. The 1983 constitution is the third constitution since the founding of the Union of South Africa in 1910. By observing the history of the constitutional development in more than seventy years in South Africa and the content of the current South African constitution, it is not difficult to find out that the constitution, as a fundamental state law, is an important weapon of racism. South Africa's white regime consistandy upholds and consolidates its racist rule by adopting and implementing constitutions. The aim of this article is to analyze and expose the essence of the South African racist system in mis aspect.

Teaching About Sexual and Gender Diversity and Challenging Homophobia/Transphobia in the South African School System

2016 ◽  
pp. 165-184
Author(s):  
Finn Reygan
Keyword(s):  
South Africa ◽  
Education Policy ◽  
South African ◽  
Gender Diversity ◽  
The South ◽  
Gender Minorities ◽  
South African School ◽  
And Gender ◽  
South African Constitution ◽  
Diversity In Education

The South African Constitution was the first in the world to include sexual orientation protections, and the country was an early embracer of same-sex marriage. Nevertheless, the lives of sexual and gender minorities in South Africa, including young people in schools, are often characterized by violence and discrimination. The growing body of research on sexual and gender diversity in education in South Africa indicates that homophobia is widespread in schools and that teachers and school principals are ill-prepared to challenge this homophobia and to teach in an affirming way about sexual and gender diversity. This chapter discusses the development of a training module for South African teachers on how best to challenge homophobia and transphobia and to teach about sexual and gender diversity in schools. Given the focus in South African education policy on social justice and inclusion in the post-apartheid context, this ground-breaking intervention supports transformative education policy.

The South African Constitution

1959 ◽  
Vol 8 (2) ◽  
pp. 251
Author(s):  
B. D. Inglis ◽  
H. J. May
Keyword(s):  
South African ◽  
The South ◽  
South African Constitution
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