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In this chapter, the author analyzes sentencing and incarceration practices in South Africa during the last 20 years, a period which saw the country transforming into a fully flexed democracy.

The concepts of sentencing, mandatory minimum sentencing, sentencing of children and incarceration are discussed. The past 20 years of democracy serve as a point of departure for this discussion. The retrospective nature of the adopted approach necessitates a heavy reliance on existing literature, but a statistical analysis is also relied upon. The author also reflects on research conducted during the last 20 years.

While it is almost impossible to duly consider all sentencing-related developments in democratic South Africa, important advances have been made but they were not always systematically followed through. Well-intended policies have at times been poorly executed. Specially, the correctional system destroyed all types of staff motivation through poor human resource practices.

Few scholars have considered the influence of sentencing practices on the South African inmate population, more particularly during the period of democracy that has been running for 20 years. This influence in the South African criminal justice system will be highlighted. The contribution of sentencing in the democratization of the country may be drawn from this discussion. The study may contribute to policy implementation for decades to come and through that, strengthen the South African democracy. At the same time, lessons from South Africa may serve as a roadmap for other young and established democracies.

GUEST editor of this South African issue of THE LIBRARY WORLD is Hendrik M. Robinson, Director of Library Services, Transvaal Provincial Administration, Pretoria.

South African higher education is beset by the following problems: inequality in access to and survival in higher education, aligning education and work, and the problem of the university appearing as a Western institution, isolated from the exigencies and realities of society. One institution that does have an international track record in successfully addressing these issues is the Community College. This chapter reconstructs that track record, and juxtaposes it next to an analysis of South African higher education and the South African context, and in conclusion assesses the promise of inserting the Community College model into the South African higher education landscape.

The purpose of this paper is to present a tentative typology of social enterprises in South Africa. It also tries to establish a base line on the current state of social entrepreneurship in South Africa. While the term seems to have been appearing more and more frequently in both the public and political domain in the past decade or so, the current knowledge of social enterprise in South Africa (as in Africa more broadly) remains very limited.

This paper tries to address this dearth of academic literature on social entrepreneurship in South Africa by reviewing the extant academic and grey literature as well as various policy documents with the aim of discerning the various legal forms under which social enterprises can incorporate.

The paper distinguishes three avenues for incorporation: as a non-profit entity, a for-profit entity or a hybrid structure.

It calls for both rigorous and systematic empirical and theoretical work that is grounded in the realities of the country to strengthen sound policy decision-making as well as effective organisation and management of these organisations, which can play a crucial role in both economic and social development of South Africa.

As part of the International Comparative Social Enterprise Models (ICSEM) project, this paper contributes to the understanding of the geographically distinct manifestations of social enterprise in South Africa. At the same time, it aims to present a research agenda to move social entrepreneurship in South Africa forward.

South Africa’s mixed, pluralistic legal order demands a nuanced approach to cultural expertise in litigation. Culture in general and cultural expertise in particular have always played an important role in all areas of law, both state and non-state, and a rich collection of jurisprudence is available to serve as illustration. Even though both the common law and the customary law are both recognized legal systems, they are treated differently by the judiciary. The general rule is that judicial notice must be taken of the common law rules and that judicial notice of customary law may only be taken “in so far as such law can be ascertained readily and with sufficient certainty.” The ascertainment of customary law provides a challenge to the judiciary because of its adaptive inherent flexibility and indeterminate nature, especially where the rules are oral or so-called “living” customary law. Cultural expertise also plays an important role in the case of non-state law. A considerable quantity of case law exists where the courts have considered expert evidence regarding the content of certain religious legal systems to provide protection to litigants claiming that they are subject to those systems. The aim of this contribution is to investigate the diverse approaches of the South African courts when it comes to the admissibility of expert evidence in cases where culture (both custom and religion in both state and non-state law) is relevant. The fact that the South African legal system has its roots firmly in Western law and has been confronted with cultural diversity for a very long time might provide some lessons to the Western world, even if those lessons are only to prevent it from making the same mistakes as the South African legal system has made or might still be doing.