Journal for Juridical Science最新文献

{"title":"What is Africanness? Contesting nativism in race, culture and sexualities by Charles Ngwena","authors":"L. Lushaba, Ziyana Lategan","doi":"10.18820/24150517/JJS44.I1.6","DOIUrl":"https://doi.org/10.18820/24150517/JJS44.I1.6","url":null,"abstract":"","PeriodicalId":292409,"journal":{"name":"Journal for Juridical Science","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115575454","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"A comparative analysis of models of child justice and South Africa’s unique contribution","authors":"R. Songca","doi":"10.18820/24150517/JJS44.I1.3","DOIUrl":"https://doi.org/10.18820/24150517/JJS44.I1.3","url":null,"abstract":"This article considers the models of child justice currently applied in various jurisdictions, either in isolation, or in combination with others. It provides a brief theoretical framework for the premise upon which various systems of child justice operate. Models of child justice influence how the child offender is processed through the criminal trial system and the degree to which the offender’s conduct may be punished. The author posits that South African child justice, espoused by the Child Justice Act 75 of 2008, has potentially created, or inadvertently resulted in the creation of two further models of child justice. For this reason, the article submits that the Child Justice Act is sui generis in the sense that it incorporates indigenous African traditional justice processes. As such, it has the potential to extend protection for children who are in conflict with the law.","PeriodicalId":292409,"journal":{"name":"Journal for Juridical Science","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121472691","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The role of the courts in the application of consumer protection law: A comparative perspective","authors":"J. Barnard, Emilia Mišćenić","doi":"10.18820/24150517/JJS44.I1.5","DOIUrl":"https://doi.org/10.18820/24150517/JJS44.I1.5","url":null,"abstract":"The vast majority of jurisdictions (in particular, the European Union and South Africa) conform to the United Nations Guidelines for Consumer Protection, whereby governments are encouraged to establish and maintain legal and administrative measures to enable a consumer to obtain redress through both formal and informal procedures, with particular regard to the needs of vulnerable (low-income) consumers. The Guidelines for Consumer Protection encourage the resolution of consumer disputes in a manner that is not only fair and expeditious, but also includes the establishment of voluntary mechanisms and procedures. In this regard, the European Union and South Africa have established redress and enforcement of consumer protection mechanisms with a primary focus on consensual consumer dispute resolution and, more specifically, alternative dispute resolution. This does not, however, diminish the important role and responsibility that courts have in the effective enforcement of consumer protection law. This contribution aims to establish the role of the courts in this regard, not only for the advancement of consumer rights and consumer protection law, but also taking into account the ex officio role of the courts in relation to the effective (or ineffective) alternative dispute resolution mechanisms that are currently in place. The contribution analyses the comparative positions in the European Union and South Africa. In terms of the European Union position, focus is placed on the application of the relevant consumer directives within Member States, taking into account pre-existing national law and its interpretation by national courts. The primary focus, in terms of the South African position, is an analysis of the enforcement institutions and redress provisions contained in the Consumer Protection Act 68 of 2008, taking into account the interpretation of these provisions by the relevant institutions and the courts. This contribution highlights problematic issues with the current alternative dispute resolution mechanisms, resulting in ineffective consumer protection and the ex officio role of the courts to address these issues. It aims to confirm that the right to access to the courts is a constitutionally entrenched right and a balance between effective formal and informal enforcement should be the aim.","PeriodicalId":292409,"journal":{"name":"Journal for Juridical Science","volume":"21 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123534429","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Organisasie vir Godsdienste-Onderrig en Demokrasie v Laerskool Randhart et al: The right to freedom of religion, diversity and the public school","authors":"SL de Freitas, G. du Plessis","doi":"10.18820/24150517/jjs43.i2.2","DOIUrl":"https://doi.org/10.18820/24150517/jjs43.i2.2","url":null,"abstract":"","PeriodicalId":292409,"journal":{"name":"Journal for Juridical Science","volume":"2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-12-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131307782","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The complexity of teacher-targeted workplace bullying: An analysis for policy","authors":"L. Jacobs, C. D. Wet","doi":"10.18820/24150517/JJS43.I2.3","DOIUrl":"https://doi.org/10.18820/24150517/JJS43.I2.3","url":null,"abstract":"Teachers are often the targets of bullies. Studies have indicated that South African teachers are three times more likely to experience workplace bullying than their peers in other parts of the world. In an earlier study by the authors, 90.8 per cent of educators who took part in a survey indicated that they experience some form of bullying while at work. Compared to this, similar studies found the levels to be much lower: 25.6 per cent in Lithuania and 22.4 per cent in Croatia. Workplace bullying of teachers includes being bullied by other teachers, school managers, learners and the administrative staff at the school. While the vast majority of schools have adopted an anti-bullying policy for the learners, even if only on paper, no clear guidelines exist on teacher-targeted workplace bullying. Teachers are central to any education system. Research shows that workplace bullying negatively affects the teachers and the school. Thus, policies should be put in place to protect employees and effectively deal with incidences. Policies with clear guidelines and procedures for role players should be in line with the legislative framework. We start by giving a synopsis of the current literature on teacher-targeted workplace bullying. We then discuss the South African legal framework that informs the suggested policy development. Thirdly, we draw from the literature on bullying prevention. This will serve as an information base from which national, provincial and school policies can be developed.","PeriodicalId":292409,"journal":{"name":"Journal for Juridical Science","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-12-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126833039","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Competent educators in every class: The law and the provision of educators","authors":"J. Beckmann","doi":"10.18820/24150517/JJS43.I2.1","DOIUrl":"https://doi.org/10.18820/24150517/JJS43.I2.1","url":null,"abstract":"The literature suggests that the quality of the education learners receive in South Africa is well below par, due to, inter alia, the fact that a substantial number of educators in South African schools cannot be characterised as competent, average, good or excellent. A large percentage of educators may be regarded as poor performers and approximately 20 per cent of them do not have the required minimum qualifications for the tasks they have to perform. To explore the challenge facing South Africa, I examine the literature on the relationship between educators and the quality of education, and address the question as to whether legal mechanisms could, at crucial points in a teacher’s career, help ensure that competent educators are attracted to, and employed in the profession. It is common knowledge that the law governs all activities and processes that obtain in education, including those that determine the quality of educators entering the profession. In this article, I examine some of the aspects of the relationship between the law and the quality of educators. I begin with an analysis of key concepts such as ‘education’ and ‘educator/teacher’ and, drawing on the work of renowned meta- analysts who argue convincingly that there is a clear link between educational quality and educator quality, I foreground the need to regulate all aspects of educator deployment optimally, in order to ensure the presence of suitable educators in all classes. I trace the road typically travelled by every educator from pre- recruitment and training, and explore the role the law can play, at a number of crucial waypoints, to help address the less than satisfactory status quo. I consider, inter alia, how education students are recruited, selected, trained, and certified as professional educators. I also scrutinise the role of professional registration, appointments and appointment processes, induction, professional development, and conditions of service of educators. I explore how the law can, at important waypoints in educators’ career, enhance the quality of educators, and argue that the law may be key to ensuring that there are competent educators in every classroom.","PeriodicalId":292409,"journal":{"name":"Journal for Juridical Science","volume":"58 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-12-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115381447","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Educator professional security in public schools over the past decade: A meta-synthesis","authors":"J. Rossouw, E. Mong","doi":"10.18820/24150517/JJS43.I2.5","DOIUrl":"https://doi.org/10.18820/24150517/JJS43.I2.5","url":null,"abstract":"It is widely accepted that most of the aspects related to the nature and quality of an education system are closely linked to the positive or negative contribution of the educator in the system. Educators operate in their professional capacity within the South African legal framework and are subject, in their service delivery, to the Constitution of the Republic of South Africa of 1996, labour legislation, the South African Schools Act and other applicable legislation as well as a wide spectrum of common law principles that guide their actions. Educators likewise have to perform their professional duties in a societal environment directly influenced by political decisions and leadership, as well as an education environment that often reflects the societal ills such as corruption and other forms of criminality. This article points out, from both a fundamental rights perspective and a labour law perspective, that educators’ right to professional security, which is closely related to their constitutional and labour right to security, is not properly upheld by the relevant authorities. Such lack of professional security adversely influences the quality of their service delivery. The article draws from the findings of a set of postgraduate studies completed over the past decade, all forming part of a central project on educator security. A variety of types of educators, foci and research sites formed the settings for these studies, including beginner educators, early childhood educators, educators who have to cope with serious misconduct by either learners or fellow educators, and educators striving towards creativity. The research intends to reveal deeper insight into educator professional security in South Africa. This is achieved by means of a literature study and a legal analysis, as well as a meta-synthesis of the findings of the set of completed studies. A meta-synthesis is typically conducted when a researcher analyses data sets of completed studies, resulting in an integrated interpretation, which leads to a more comprehensive and deeper understanding of the primary findings. It was found in the studies mentioned that educators seriously lack the required basic knowledge of the law that will enable them to effectively cope with the demands of their profession, in particular regarding the application of legal principles. This lack of expertise creates legal risks and uncertainty among educators, leading to a general experience of insecurity. The article concludes with a concise exposition of the deeper insight gained regarding educator professional security. Although no generalisations can be drawn from the qualitative empirical research in these studies, this insight may be of value to those who strive towards educator security for the benefit of an individual, a school, or the public education system.","PeriodicalId":292409,"journal":{"name":"Journal for Juridical Science","volume":"63 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-12-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133228505","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The role of school social workers in giving effect to children’s right to education: A legal perspective","authors":"R. Reyneke","doi":"10.18820/24150517/JJS43.I2.4","DOIUrl":"https://doi.org/10.18820/24150517/JJS43.I2.4","url":null,"abstract":"Social workers are not commonly employed in South African schools. However, various role players, policy documents and court findings directly or indirectly refer to the need for social services for learners. Teachers cannot fully provide this service, since they are neither trained to do so, nor have the time to fully support the psychosocial development of learners – and this could be detrimental to the pursuit of quality education. This conceptual article argues that, although not many social workers are employed by the Department of Basic Education, social services as such should be a high priority in basic education. Policy frameworks, legislation and case law provide sufficient evidence that there is a need for more social workers in South African schools. These professionals are a necessity in order to ensure that learners’ right to quality education is fully realised. The article also explains how school social workers could contribute to this quest for quality education, specifically, within the context of the 4A framework. The article concludes with an outline of what could be expected from school social workers within the 4A framework.","PeriodicalId":292409,"journal":{"name":"Journal for Juridical Science","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-12-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131214829","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"THE RELIABILITY OF TRACE DNA OR LOW COPY NUMBER (LCN) DNA EVIDENCE IN COURT PROCEEDINGS","authors":"","doi":"10.18820/24150517/jjs46.i1.1","DOIUrl":"https://doi.org/10.18820/24150517/jjs46.i1.1","url":null,"abstract":"SUMMARY Although forensic DNA testing is well established, some experts disagree with the interpretation and statistical significance of test results obtained from very small samples. This article discusses the problems regarding the use of the low copy number (LCN) technique as well as the value that can be derived from such an analysis. It focuses on the problematic results that can arise from using very small samples for forensic DNA identification. Since this kind of analysis is based on low amounts of DNA samples (between 100 picograms and 200 picograms in South Africa) that are amplified by using more than the normal 28 cycles to create larger samples for analysis, the reliability of the analysis has been questioned. The amplification process, known as the Polymerase Chain Reaction (PCR), is associated with risks such as stochastic effects and contamination that could make interpretation of the results difficult for the defence. While standard operating laboratory protocols could prevent contamination and although the electropherograms could aid the detection of contamination, it is highly problematic for the defence counsel to ascertain whether these procedures were indeed strictly followed. Drawing on foreign jurisprudence, this article considers the risks and key controversies and explains what lawyers need to know, in order to be able to recognise controversial results that could stem from using the LCN DNA technique for forensic DNA identification. The conclusions thus drawn may be of particular relevance to the South African context, as no reported case law exists in which the issues relating to the use of LCN DNA have yet come to the fore. not affect the results. Because of this sensitivity, contaminating DNA may still be observed even with careful precautions, and will routinely be monitored in laboratories. The forensic scientist must use all the information available to them to assess whether a contamination event, if it occurs, has had an impact on the results in a specific case. 62","PeriodicalId":292409,"journal":{"name":"Journal for Juridical Science","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124536952","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Wading into the debate on section 2(4)(r) of the National Environmental Management Act 107/1998 and its impact on policy formulation for the protection of South African wetlands","authors":"BJ Lemine, CJ Albertus, T. Kanyerere","doi":"10.18820/24150517/jjs47.i1.4","DOIUrl":"https://doi.org/10.18820/24150517/jjs47.i1.4","url":null,"abstract":"","PeriodicalId":292409,"journal":{"name":"Journal for Juridical Science","volume":"65 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126169141","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}