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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…
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.
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…
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…
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…
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.
Human resource management; primarily employment law impacting on employment relations.
Second year (or 200 level) students up to post graduate programmes in Business Management, Human Resources Management and Law.
The world is still fascinated by South Africas transition to democracy; what with stories of massacre (Sharpeville, etc.) of those who dared challenge white supremacy and the battle for prominence between the African National Congress and the Inkatha Freedom Party. Since gaining independence, South Africa has attracted investors from far and wide. Now and again, one hears news stories that report about forms of disgruntlement from whites and blacks, respectively. In some quarters, you may hear stories suggesting the white community has not completely gotten over their resentment of black leadership. In some other quarters, you are likely to hear the blacks insist that the South African land space belongs to them and as a result they should be in charge of the distribution of wealth, one must understand that much of the wealth of the South African land still resides with the Whites. In what is considered as a fair attempt to integrate all the citizens of the republic, the new government of Nelson Mandela came up with a constitution that is hailed as perhaps the best in the world. Carved out of the United Nations Human Rights Charter, it proposes a free society that recognizes all its inhabitants regardless of colour. Within the world of work, the constitution identifies seven very important statutes that not only give effect to and sustain the republics membership of the International Labour Organisation, but also help to realize and regulate the fundamental rights of workers and employers.
Main learning objective
Test students understanding of the legal statutes that pertain to employment relations and human resource management in South Africa.
Expected learning outcomes
Understand the legislation affecting management and staff. Understand and apply the principles of recruitment and selection of staff. Identify and apply the options open to managers in staff training and development. Identify and apply the appropriate performance management systems. Understand and apply the strategic human resource planning process.
Contributes to the discussion on the impact of Global Information on Africa with specific emphasis on libraries in sub‐Saharan Africa. Indicates that the impact of GI on…
Contributes to the discussion on the impact of Global Information on Africa with specific emphasis on libraries in sub‐Saharan Africa. Indicates that the impact of GI on libraries in sub‐Saharan Africa is closely linked to the status of information technology application in libraries and the state of electronic connectivity in the countries of the sub‐region. With the current general low level of computerisation and electronic connectivity in libraries in most of the countries in the region, the impact of GI can be noticed mainly in the libraries of the Republic of South Africa, where the state of economic development and information technology infrastructure is way ahead of the rest of the sub‐continent. Libraries in South Africa are using the Internet for electronic publishing and provision of and access to electronic information services to library users. Most libraries in other countries, which have established full Internet access, only have access to e‐mail facilities, and are not exploiting the facilities fully. Concludes that, unless libraries are properly funded, equipped, and well staffed, they will not be able to take advantage of the Internet access being established in sub‐Saharan Africa and will consequently be left out in the race for the establishment of a Global Information infrastructure.