Search results for: constitutional court of south africa
4028 Transgenders Rights in Pakistan: From an Islamic Perspective
Authors: Zaid Haris
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Since the beginning of time, transgender people have faced difficult circumstances, particularly in Pakistan. They have experienced discrimination, physical abuse, sexual assault, and murder in their lives. In response to their complaints, the Pakistani Supreme Court established a landmark that enables them to participate in society on an equal base. As a result, transgendered people living all around Pakistan have seen their legal, political, and cultural advocacy blossom since 2009. In order to provide and defend the human rights of Pakistan's transgender persons, this paper aims to identify and analyse the constitutional and legal framework set out there. The Supreme Court's momentous decision sparked legal reform in the nation for these rights, most notably the Transgender Persons (Protection of Rights) Act of 2017, a bill that was filed in Parliament. The implementation of the rights granted to transgender people in Pakistan, whether it relates to education, health, or any other area, requires close inspection. Additionally, for society to be accepting and inclusive, a significant and radical change in behaviour is required. This paper also includes the interviews of a few transgenders from Pakistan.Keywords: discrimination, islam, pakistan, physical abuse, sexual assault, transgenders
Procedia PDF Downloads 1134027 An Analysis of the Role of Watchdog Civil Society Organisations in the Public Governance in Southern Africa: A study of South Africa and Zimbabwe
Authors: Julieth Gudo
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The prevalence of corruption in African countries and persisting unsatisfactory distribution by governments of state resources among the citizens are clear indicators of a festering problem. Civil society organisations (CSOs) in Southern African countries, as citizen representatives, have been involved in challenging the ongoing corruption and poor governance in the public sector that have caused tensions between citizens and their governments. In doing so, civil society organisations demand accountability, transparency, and citizen participation in public governance. The problem is that CSOs’ role in challenging governments is not clearly defined in both law and literature. This uncertainty has resulted in an unsatisfying operating and legal environment for CSOs and a strained relationship between themselves and the governments. This paper examines civil society organisations' role in advancing good public governance in South Africa and Zimbabwe. The study will be conducted by means of a literature review and case studies. The state of public governance in Southern Africa will be discussed. The historical role of CSOs in the region of Southern Africa will be explored, followed by their role in public governance in contemporary South Africa and Zimbabwe. The relationship between state and civil society organisations will be examined. Furthermore, the legal frameworks that regulate and authoriseCSOs in their part in challenging poor governance in the public sector will be identified and discussed. Loopholes in such provisions will be identified, and measures that CSOs use to hold those responsible for poor governance accountable for their actions will be discussed, consequently closing the existing gap on the undefined role of CSOs in public governance in Southern Africa. The research demonstrates the need for an enabling operating environment through better cooperation, communication, and the relationship between governments and CSOs, the speedy and effective amendment of existing laws, and the introduction of legal provisions that give express authority to CSOs to challenge poor governance on the part of Southern African governments. Also critical is the enforcement of laws so that those responsible for poor governance and corruption in government are held accountable.Keywords: civil society organisations, public governance, southern Africa, South Africa, zimbabwe
Procedia PDF Downloads 1054026 Risk-Based Regulation as a Model of Control in the South African Meat Industry
Authors: R. Govender, T. C. Katsande, E. Madoroba, N. M. Thiebaut, D. Naidoo
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South African control over meat safety is managed by the Department of Agriculture, Forestry and Fisheries (DAFF). Veterinary services department in each of the nine provinces in the country is tasked with overseeing the farm and abattoir segments of the meat supply chain. Abattoirs are privately owned. The number of abattoirs over the years has increased. This increase has placed constraints on government resources required to monitor these abattoirs. This paper presents empirical research results on the hygienic processing of meat in high and low throughout abattoirs. This paper presents a case for the adoption of risk-based regulation as a method of government control over hygiene and safe meat processing at abattoirs in South Africa. Recommendations are made to the DAFF regarding policy considerations on risk-based regulation as a model of control in South Africa.Keywords: risk-based regulation, abattoir, food control, meat safety
Procedia PDF Downloads 2994025 Music Education for Blacks (Africans) in Apartheid and Post-Apartheid South Africa
Authors: Bernett Nkwayi Mulungo
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There are vast community music projects in South African townships, and their courses range from music theory aural practical individual and ensemble lessons on orchestral instruments and recorders – these instruments being primarily “Western”. Despite this relative success – indeed one of the few in the realm of arts in post-apartheid South Africa – what remains troubling is the dominance of western thought (as music theory) and modes of teaching music that maintain the idea of music study as alien in black communities. This identified problem speaks to a significant theme, namely: Arts education for community development, which is my area of interest. Primarily for, it is a timely platform to firmly entrench appreciation, understanding, and, most undoubtedly, the value(s) of the arts to the youth. Drawing on one’s experience as a lecturer in (and graduate from) a South African tertiary institution and as a teacher in a community project, this research will interrogate the content of some of the program(s): from the theoretical material taught in music theory classes to the practical repertoire taught and/or performed. The focal point of this research is on how this content informs or speaks to its intended “beneficiaries” – the African youth. Through these and other considerations, the paper aims to sketch the potentially radical consequences that transformed music education at community and earlier levels will have for higher education music studies in South Africa.Keywords: decolonization, Africanization, indigenous knowledge, community engagement
Procedia PDF Downloads 694024 Governance and Public Policy: The Perception of Civil Society Participation in Brazil and South Africa
Authors: Paulino V. Tavares, Ana L. Romao
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Public governance, in general, is essential to qualify and educate, pedagogically, the decision-making process of the government in relation to the management of resources and the provision of public services, with transparency and active participation of individuals and citizens for the development of a more democratic environment, besides stimulating control and social empowerment, aiming at the development of the collectivity. In this context, the participation of society in the elaboration, execution, and control of public policies is prominent to strengthen public governance itself. With this, using a multidimensional approach with the application of two questionnaires to a universe of twenty Counselors of the Courts of Auditors (Brazil), twenty professionals of public administration (Brazil), twenty Government/Provincial Counselors (South Africa), and twenty South African professionals of public administration, the preliminary results indicate that the participation of civil society, for both countries, is very low in the elaboration, execution, and control of public policies. At the same time, about 70% of the answers obtained indicate, on average, three possible paths to increase the participation of civil society. With this, it is delineated that developing new horizons to strengthen both public policies how social participation is necessary, but, for both, it is important that governments and civil society, in their respective countries, have an awareness of the effective importance of this interaction.Keywords: Brazil, civil society, participation, South Africa
Procedia PDF Downloads 1324023 Appraisal of the Nutritional Potential and Safety of Wild Vegetables of South Africa
Authors: Thozama Kwinana-Mandindi
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The contribution made by wild edible plants to the livelihoods, food baskets and diets of the indigenous people, particularly among the rural dwellers is invaluable. These wild vegetables are among the non-conventional crops which are widely distributed throughout the wild regions in South Africa, indigenous communities have always exploited for micro-nutrient supply. They also supply significant complex, recently discovered compounds, naturally occurring phytonutrients. In order to protect and promote sustainable use of these plants for household food security, there is a need to better understand them through studies and innovations. Assessment of the wild edible plants’ safety is very key to the promotion as an agricultural product which can be utilised during dry seasons and periods of food scarcity to alleviate nutrient insecurity. Through the use of Scanning Electron Microscope (SEM) and energy dispersive X-ray spectroscopy (EDXS), the study is seen as the vital step in taking a holistic view of the value of the four most consumed wild vegetables in the Eastern Cape Province of South Africa as they were analysed for safety and appraised for components that can influence utilisation. Results indicate that they can be relied upon and cultivation be promoted.Keywords: nature’s resource, wild vegetables, appraisal for safety, SEM
Procedia PDF Downloads 4324022 Ethical Leadership and Employee Creative Behaviour: A Case Study of a State-Owned Enterprise in South Africa
Authors: Krishna Kistan Govender, Alex Masianoga
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The aim of this explanatory study was to critically understand how ethical leadership impacts employee creative behaviour, as well as the creative behaviour dimensions, in a South African transport and logistics SOE. A quantitative study was conducted using a pre-developed questionnaire, and data for 160 middle and executive managers was analysed through structural equation modelling and multiple regression techniques conducted with the Smart PLS statistical software. All five hypothesized relationships were supported, and it was confirmed that ethical leadership has a significant positive influence on employee creative behaviour, as well as on each of the creative behaviour dimensions, namely: idea exploration, idea generation, idea championing, and idea implementation.Keywords: ethical leaders, employee creative behaviour, state-owned enterprises, South Africa
Procedia PDF Downloads 1084021 Islamic Financial Services in Africa: Development and Operations of the Big Emerging Markets
Authors: Shamsuddeen Muhammad Ahmad
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The emergence and operations of Islamic Financial Institutions (IFIs) are being regarded as the new economic and financial pride at the global stage today. Admittedly, therefore, the IFIs has continued to impact positively on the economies of its host countries, especially the Gulf Cooperation Council (GCC) region, Asian and Western countries as well as making a steady in-road into the sub-Saharan Africa. Hence, the number of countries that adopted Islamic financial system in Africa has continued to increase. As a matter of fact, this paper examines the role and contributions of Islamic Financial Institutions (IFIs) to the economic growth and financial development of the big emerging markets in the African continent i.e. South Africa, Nigeria, and Egypt. The methods adopted for this study are descriptive, comparative and analytical in nature. Essentially, the findings from this study reveal that the three sampled countries are benefitting from the presence of IFIs in their economies in terms of contributions to economic growth and real sector participation, particularly for Egypt and South Africa. Similarly, they reap from foreign direct investments and economic diversification among others. However, this study recommends that African countries should integrate IFIs as part and parcel of their economic and financial systems, in order to benefit optimally from this new economic phenomenon.Keywords: Islamic financial services, Africa, emerging markets, development, operation
Procedia PDF Downloads 2654020 Naturalization of Aliens in Consideration of Turkish Constitutional Law: Recent Governmental Practices
Authors: Zeynep Ozkan, Cigdem Serra Uzunpinar
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Citizenship is a legal bond that binds a person to a certain state. How constitutions define ‘the citizen’ and how they regulate the elements of citizenship have great importance in terms of individuals’ duties before the state as well as the rights they own. Especially in multi-segmented societies that contain foreign elements, it becomes necessary to examinate the institution of naturalization in terms of individuals’ duty of constitutional citizenship. The meaning of citizenship in Turkey has transformed due to the changes in practices of naturalization, in parallel to receiving huge amount of immagrants with the recent Syrian Crisis, the change in the governmental system and facing economic crisis. This transformation took place in the way of a diversion from the states’ initial motive of building the bond of citizenship with the aim of founding/sustaining political unity. Hence, rising of the economic and political motives in naturalization practices are in question, instead of objective and subjective criterias, that are traditionally used on defining the notion of nation. In this study, firstly the regime of citizenship and the legal regime of aliens in Turkish legislation will be given place. Then, the transformation, that the notion of constitutional citizenship underwent, will be studied, especially on the basis of governmental practices of naturalization. The assessment will be made in the context of legal institutions brought with the new governmental system as a result of recent constitutional amendment.Keywords: constitutional citizenship, naturalization, naturalization practices in Turkish legal system, transformation of the notion of constitutional citizenship
Procedia PDF Downloads 1094019 Cultural Aspects of Tax Compliance of Medium Size Enterprises in South Africa
Authors: Oludele A. Akinboade
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The paper discusses cultural aspects of tax compliance of medium size companies (MEs) in South Africa to enhance tax compliance. A survey of 641 companies in eight provinces was made. Racial identities of ME owners are not significant in explaining differences in tax registration compliance. Black ownership of MEs is negatively and highly significantly correlated with pay as you earn compliance. The opposite is found in favour of Asian ME owners. White ownership of MEs is negative and weakly (10%) significantly correlated with company income tax compliance while the opposite is found in favour of Asian ownership. Race is negative and highly significant in explaining White owned MEs value added tax compliance behaviour. The opposite is found in favour of Asian ME owners. Black ownership of MEs is negatively and weakly significantly(10%) associated with timely submission of tax returns.Keywords: tax compliance, cultural diversity, medium size companies, South Africa
Procedia PDF Downloads 2944018 The Dilemma of Translanguaging Pedagogy in a Multilingual University in South Africa
Authors: Zakhile Somlata
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In the context of international linguistic and cultural diversity, all languages can be used for all purposes. Africa in general and South Africa, in particular, is not an exception to multilingual and multicultural society. The multilingual and multicultural nature of South African society has a direct bearing to the heterogeneity of South African Universities in general. Universities as the centers of research, innovation, and transformation of the entire society should be at the forefront in leading multilingualism. The universities in South Africa had been using English and to a certain extent Afrikaans as the only academic languages during colonialism and apartheid regime. The democratic breakthrough of 1994 brought linguistic relief in South Africa. The Constitution of the Republic of South Africa recognizes 11 official languages that should enjoy parity of esteem for the realization of multilingualism. The elevation of the nine previously marginalized indigenous African languages as academic languages in higher education is central to multilingualism. It is high time that Afrocentric model instead of Eurocentric model should be the one which underpins education system in South Africa at all levels. Almost all South African universities have their language policies that seek to promote access and success of students through multilingualism, but the main dilemma is the implementation of language policies. This study is significant to respond to two objectives: (i) To evaluate how selected institutions use language policies for accessibility and success of students. (ii) To study how selected universities integrate African languages for both academic and administrative purposes. This paper reflects the language policy practices in one selected University of Technology (UoT) in South Africa. The UoT has its own language policy which depicts linguistic diversity of the institution and its commitment to promote multilingualism. Translanguaging pedagogy which accommodates minority languages' usage in the teaching and learning process plays a pivotal role in promoting multilingualism. This research paper employs mixed methods (quantitative and qualitative research) approach. Qualitative data has been collected from the key informants (insiders and experts), while quantitative data has been collected from a cohort of third-year students. A mixed methods approach with its convergent parallel design allows the data to be collected separately, analysed separately but with the comparison of the results. Language development initiatives have been discussed within the framework of language policy and policy implementation strategies. Theoretically, this paper is rooted in language as a problem, language as a right and language as a resource. The findings demonstrate that despite being a multilingual institution, there is a perpetuation of marginalization of African languages to be used as academic languages. Findings further display the hegemony of English. The promotion of status quo compromises the promotion of multilingualism, Africanization of Higher Education and intellectualization of indigenous African languages in South Africa under a democratic dispensation.Keywords: afro-centric model, hegemony of English, language as a resource, translanguaging pedagogy
Procedia PDF Downloads 1864017 The Failed Criminalization of Homelessness: The Need for New Interventions and the Implementation of Salt Lake City’s Kayak Court
Authors: Stephen Fanale
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Criminalization creates sizable barriers to housing and perpetuates the cycle of homelessness. Not only does criminalization leave people on the streets and in shelters indefinitely, but it also unnecessarily costs the taxpayers. Homelessness is a growing issue throughout the world, and criminalizing these human beings is a violation of basic human rights. While this may seem like an insurmountable obstacle, there is something that can be done while fighting that battle. While they are under-researched as a whole, specialty courts, specifically homeless courts, are a growing vessel that can address some of the barriers associated with the criminalization of homelessness. They divert individuals away from jail while connecting them to services that will help their situation instead of hindering it. The model being used in Salt Lake City, while similar to others throughout the United States, stands alone in its outreach efforts and should be paving the way for the rest of the world. The following will look at criminalization and different ways of addressing it, and, finally, Salt Lake City’s current operations, including the unique outreach court: Kayak Court.Keywords: barriers to housing, criminalization, cycle of homelessness, homeless court, diversion, kayak court
Procedia PDF Downloads 574016 Macroeconomic Impact of Economic Growth on Unemployment: A Case of South Africa
Authors: Ashika Govender
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This study seeks to determine whether Okun’s Law is valid for the South African economy, using time series data for the period 2004 to 2014. The data were accessed from the South African Reserve Bank and Stats SA. The stationarity of the variables was analysed by applying unit root tests via the Augmented Dickey-Fuller test (ADF), the Phillips-Perron (PP) test, and the Kwiatkowski–Phillips–Schmidt–Shin test (KPSS) test. The study used an ordinary least square (OLS) model in analysing the dynamic version of Okun’s law. The Error Correction Model (ECM) was used to analyse the short-run impact of GDP growth on unemployment, as well as the speed of adjustment. The results indicate a short run and long run relationship between unemployment rate and GDP growth rate in period 2004q1-2014q4, suggesting that Okun’s law is valid for the South African economy. With a 1 percent increase in GDP, unemployment can decrease by 0.13 percent, ceteris paribus. The research culminates in important policy recommendations, highlighting the relationship between unemployment and economic growth in the spirit of the National Development Plan.Keywords: unemployment, economic growth, Okun's law, South Africa
Procedia PDF Downloads 2634015 From Service Delivery Strikes to Anti-Immigrant March: A Paradigm Shift in the Post-Colonial Discourse of Politics of Belonging in the Twenty-First Century South Africa
Authors: Israel Ekanade, Richard Molapo, Patrick Dzimiri, Isaac Ndlovu
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This study aims to unravel the myth behind animosity towards foreign nationals in South Africa. Systemic violence against foreign African nationals since 2008 to date necessitates critical research with regards to migration issues connected to social upheavals. Extensive research ubiquitously tagged black-on-black violence as xenophobia or Afrophobia. In all, escalation of violence indicates a connotation of belonging. With unemployment rates approaching a crescendo, other vices have also soared in the same regard. As a result, this present generation seems cynical as the South African state has not fulfilled her obligations towards the indigent population; a situation pitching locals against foreigners. Locals have repeatedly blamed African foreign nationals for the economic downturn, using service delivery strikes to express their grievances. These strikes have continued unabatedly over the years but February 2017 marked a turning point in ‘insider-outsider’ relations as the strike was now turned to an anti-immigrant march resulting into widespread violence as the police failed to restore normalcy at some point. Over time, migration has been a harbinger of violence against the foreign black population in South Africa. Our paper encourages the state and civil society to invent new peace-building mechanisms to reduce xenophobic orchestrated violence. Our paper also contends that since the political class has hijacked the situation by using the youths for political propaganda during crises periods, a re-education of the political class and a culture of tolerance is inevitable for peace and harmony between locals and foreigners in post-apartheid South Africa.Keywords: anti-immigrant march, politics of belonging, service delivery strikes, South Africa
Procedia PDF Downloads 2944014 Importance of Infrastucture Delivery and Management in South Africa
Authors: Onyeka Nkwonta, Theo Haupt, Karana Padayachee
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This study aims primarily to identify potential causes of the bottlenecks in the public sector that affect delivery and formulate evidence-based interventions to improve delivery and management of infrastructure projects. An initial literature review was carried out on infrastructural development and delivery in South Africa, with the aim to formulate evidence-based interventions to improve delivery within the sector. The infrastructure delivery management model was developed to map out best practice delivery processes. These will become the backbone on which improvement initiatives that will be developed within participating stakeholders. The model will, in turn, support a range of methodologies, including the risk system and a knowledge management framework. It will also look at key challenges facing departments with the ability to ensure knowledge and skills transfer at various sectors. The research is limited because the findings were based on existing literature. This study adopted an indirect approach for infrastructure management by focussing on the challenges faced and approaches adopted to overcome these challenges. This may narrow the consideration of some of the viewpoints, thereby limiting the richness of experience available to this research.Keywords: infrastructure, management, challenges, South Africa
Procedia PDF Downloads 1214013 Demystifying the Legitimacy of the International Court of Justice
Authors: Roger-Claude Liwanga
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Over the last seven decades, there has been a proliferation of international tribunals. Yet, they have not received unanimous approval, raising a question about their legitimacy. A legitimate international tribunal is one whose authority to adjudicate international disputes is perceived as justified. Using the case study of the International Court of Justice (ICJ), this article highlights the three criteria that should be considered in assessing the legitimacy of an international tribunal, which include legal, sociological, and moral elements. It also contends that the ICJ cannot claim 'full' legitimacy if any of these components of legitimacy is missing in its decisions. The article further suggests that the legitimacy of the ICJ has a dynamic nature, as litigating parties may constantly change their perception of the court’s authority at any time before, during, or after the judicial process. The article equally describes other factors that can contribute to maintaining the international court’s legitimacy, including fairness and unbiasedness, sound interpretation of international legal norms, and transparency.Keywords: international tribunals, legitimacy, human rights, international law
Procedia PDF Downloads 3644012 Determining Face-Validity for a Set of Preventable Drug-Related Morbidity Indicators Developed for Primary Healthcare in South Africa
Authors: D. Velayadum, P. Sthandiwe , N. Maharaj, T. Munien, S. Ndamase, G. Zulu, S. Xulu, F. Oosthuizen
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Introduction and aims of the study: It is the responsibility of the pharmacist to manage drug-related problems in order to ensure the greatest benefit to the patient. In order to prevent drug-related morbidity, pharmacists should be aware of medicines that may contribute to certain drug-related problems due to their pharmacological action. In an attempt to assist healthcare practitioners to prevent drug-related morbidity (PDRM), indicators for prevention have been designed. There are currently no indicators available for primary health care in developing countries like South Africa, where the majority of the population access primary health care. There is, therefore, a need to develop such indicators, specifically with the aim of assisting healthcare practitioners in primary health care. Methods: A literature study was conducted to compile a comprehensive list of PDRM indicators as developed internationally using the search engines Google Scholar and PubMed. MESH term used to retrieve suitable articles was 'preventable drug-related morbidity indicators'. The comprehensive list of PDRM indicators obtained from the literature study was further evaluated for face validity. Face validity was done in duplicate by 2 sets of independent researchers to ensure 1) no duplication of indicators when compiling a single list, 2) inclusion of only medication available in primary healthcare, and 3) inclusion of medication currently available in South Africa. Results: The list of indicators, compiled from PDRM indicators in the USA, UK, Portugal, Australia, India, and Canada contained 324 PDRM. 184 of these indicators were found to be duplicates, and the duplications were omitted, leaving a final list of 140. The 140 PDRM indicators were evaluated for face-validity, and 97 were accepted as relevant to primary health care in South Africa. 43 indicators did not comply with the criteria and were omitted from the final list. Conclusion: This study is a first step in compiling a list of PDRM indicators for South Africa. It is important to take cognizance to the fact the health systems differ vastly internationally, and it is, therefore, important to develop country-specific indicators.Keywords: drug-related morbidity, primary healthcare, South Africa, developing countries
Procedia PDF Downloads 1414011 Characteristics of an Indigenous Entrepreneur, in the Post-Apartheid South Africa
Authors: Ndivhuho Tshikovhi
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The debate about indigenous people throughout the world has been necessitated by different circumstances that indigenous communities continue to suffer. Indigenous people of the world suffer chronic diseases, poor education, high unemployment and slow economic developments. This paper contributes to the continuous debate by studying the common elements of indigenous entrepreneur of the world and that of the South African indigenous entrepreneur. The research objective of this paper is to understand what constitute an indigenous status in the South African context as opposed to the indigenous people of the world. Furthermore, the study will explore the indigenous status through their entrepreneurial engagements. The paper will adopt a secondary data research method, by utilising the literature on indigenous entrepreneurship practice and theory of indigenous entrepreneurship. The implications of this paper is to bring about an African indigenous entrepreneurship debate rooted from the correct circumstances rather than generalised definitions. Recommendations for future research will be outlined, together with further readings on circumstantial evidence that necessitate indigenous entrepreneurs status in South Africa.Keywords: indigenous entrepreneur, indigenous, entrepreneurship, indigenous people, entrepreneurship development
Procedia PDF Downloads 4624010 Indonesian Marriage Law Reform: A Doctrinal Research to Find the Way to Strengthen Children's Rights against Child Marriage
Authors: Erni Agustin, Zendy Prameswari
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The Law Number 1 Year 1974 on Marriage was issued by Indonesian Government to replace the old marriage law stipulated in Burgerlijk Wetboek inherited from the Dutch colonial. The Law defines marriage as both physical and mental bond between a man and a woman as husband and wife with the purpose to form a harmonious family based on deity. Marriage shall be conducted when determined requirements are met based on the Law. Article 7 of the Law Number 1 Year 1974 stipulates the minimum age requirement to enter into marriage, which is 19 years for men and 16 years for women. This stipulation is made to make the marriage achieve the true goal to form a happy, eternal and prosperous family. It is expected at that age, each party has a mature soul and physic. However, it is possible for those who have not reached the age to enter into marriage if there is a dispensation granted by the courts or other official designated by the parents of each party in the marriage. As many other countries in the world, Indonesia has serious problems linked with the child or underage marriage. Indonesia is one of the countries with the highest absolute numbers of child marriage. In 2012, a judicial review was filed to the Constitutional Court against the provisions of the minimum age limit in the Law Number 1 Year 1974 on Marriage. The appeal was filed in order to raise the limit of minimum age for women from 16 years to be 18 years. However, the Constitutional Court considered that the provisions on the minimum age in the Law Number 1 Year 1974 on Marriage is constitutional. At the international level, Indonesia has participated in the formulation of variety of international human rights instrument which have an impact on children, and is a party to a number of them. Indonesia ratified the CRC through Presidential Decree of the Republic of Indonesia Number 36 Year 1990 on 5 September 1990. This paper attempts to analyze three main issues. Firstly, it will scrutinize the ratio legis of the stipulation on minimum age requirement to enter into marriage in the Law Number 1 Year 1974 on Marriage. Secondly, it will discuss the conformity of Indonesian marriage law to the principles and provisions on the CRC. Last, this paper will elaborate the legal measures shall be taken to strengthen the legal protection for children against child marriage. This paper is a doctrinal research using statute, conceptual and historical approaches. This study argues that The Law-making of Indonesian marriage law influenced by religious values that live in Indonesia. With regard to the conformity of Indonesian marriage law with the CRC, Indonesia is facing the issue of the compatibility of its respective national law with the CRC. Therefore, the legal measures that have to be taken are to review and amend the Indonesian Marriage Law to provide better protection for the children against underage marriage.Keywords: child marriage, children’s rights, indonesian marriage law, underage marriage
Procedia PDF Downloads 1914009 Assessment of Drainage Water Quality in South Africa: Case Study of Vaal-Harts Irrigation Scheme
Authors: Josiah A. Adeyemo, Fred A. O. Otieno, Olumuyiwa I. Ojo
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South Africa is water-stressed being a semi-arid country with limited annual rainfall supply and a lack of perennial streams. The future implications of population growth combined with the uncertainty of climate change are likely to have significant financial, human and ecological impacts on already scarce water resources. The waste water from the drainage canals of the Vaal-Harts irrigation scheme (VHS) located in Jan Kempdorp, a farming community in South Africa, were investigated for possible irrigation re-use and their effects on the immediate environment. Three major drains within the scheme were identified and sampled. Drainage water samples were analysed to determine its characteristics. The water samples analyzed had pH values in the range of 5.5 and 6.4 which is below the normal range for irrigation water and very low to moderate salinity (electrical conductivity 0.09-0.82 dS/m). The adjusted sodium adsorption ratio values in all the samples were also very low (<0.2), indicating very low sodicity hazards. The nitrate concentration in most of the samples was high, ranging from 4.8 to 53 mg/l. The reuse of the drainage water for irrigation is possible, but with further treatment. Some suggestions were offered in the safe management of drainage water in VHS.Keywords: drainage canal, water quality, irrigation, pollutants, environment
Procedia PDF Downloads 3274008 In Exile but Not at Peace: An Ethnography among Rwandan Army Deserters in South Africa
Authors: Florence Ncube
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This paper examines the military and post-military experiences of soldiers who deserted from the Rwanda Defence Force (RDF) and tried to make a living in South Africa. Because they are deserters, they try to hide their military identity, yet it is simultaneously somewhat coercively ascribed to them by the Rwandan state and can put them in potential danger. The paper attends to the constructions, experiences, practices, and subjective understanding of the deserters’ being in exile to examine how, under circumstances of perceived threat, these men navigate real or perceived state-sponsored surveillance and threat in non-military settings in South Africa where they have become potential political and disciplinary targets. To make sense of the deserters’ experiences in these circumstances, the paper stitches together a number of useful theoretical concepts, including Bourdieu’s (1992) theory of practice and Vigh’s (2009; 2018) concept of social navigation because no single approach can coherently analyze the specificity of this study. Conventional post-military literature privileges an understanding of army desertion as a malignancy and somewhat problematic. Little is known about the military and post-military experiences of deserters who believe that army desertion is in fact a building block towards achieving subjective peace, even in the context of exile. The paper argues that the presence of Rwandan state agents in South Africa strips the context of the exile of its capacity to provide the deserters with peace, safety, and security. This paper recenters army desertion in analyses of militarism, soldiering, and transition in African contexts and complicates commonsense understandings of army desertion which assume that it is entirely problematic. This paper is drawn from an ethnography conducted among 30 junior-rank Rwandan army deserters exiled in Johannesburg and Cape Town. The researcher employed life histories, in-depth interviews, and deep hangouts to collect data.Keywords: army deserter, military, identity, exile, peacebuilding, South Africa
Procedia PDF Downloads 584007 First 1000 Days: Mothers’ Understanding of an Attachment Bond and the Role That It Plays in Early Childhood
Authors: Athena Pedro, Carushca de Beer, Erin Cupido, Tarryn Johnson, Tawana Keneilwe, Crystal Stoffels, Carinne Annfred Lorraine Petersen, Kuan Michael Truskey
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The early experiences of children during their first 1000 days of life are the main determining factor of their development. Therefore, the aim of this study was to explore mothers' understanding of an attachment bond and the role that it plays in early childhood. A qualitative exploratory research design guided this study. Ethics approval was granted by appropriate ethics committees. Data were gathered through the use of semi-structured interviews with 15 participants within the Cape Town area, South Africa. Participants completed informed consents and were informed of confidentiality, anonymity, their rights, and voluntary participation. Thematically analysed data revealed that many participants were unaware of the term ‘the first 1000 days of a child’s life’; however, they were aware of the methods to be used for forming an attachment bond with their children. There is a need for more awareness on the subject matter within South Africa.Keywords: awareness, children, first 1000 days, milestones, South Africa, understanding
Procedia PDF Downloads 1824006 Terrorism Is a Crime under International Law
Authors: Miguel Manero De Lemos
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The ‘innovative and creative’ seminal decision of the Special Tribunal for Lebanon (STL) was not welcomed by academic opinion. The court recognized that terrorism is a crime under international law in times of peace. Scholars widely – and sometimes aggressively – criticize this conclusion. This article asserts that, while some aspects of the decision of the STL might be defective, the basic premise, that it is indeed such a crime, is sound. This article delves into the method that the court used to attain such an outcome and explains why the conclusion of the court is correct, albeit the use of a different method is to be preferred. It also argues that subsequent developments leave little room to keep arguing that there is no international crime of terrorism.Keywords: terrorism, STL, crime, international criminal law
Procedia PDF Downloads 3144005 Smashed Mirror: Immigrant Students’ Constructions of South Africa
Authors: Vandeyar Saloshna, Vandeyar Hirusellvan
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The image of post-apartheid South African Society that is reflected in the social mirror of the world is largely one of hope, faith, and aspiration. But is this reality? Utilizing social constructivism, case study approach and narrative inquiry, this chapter set out to explore the reflection of South African students from the lens of immigrant students. The picture that unfolds is troublesome in its negativity. In this chapter, we establish in detail what this picture is about and what implications it holds for South African Society.Keywords: immigrant students, social mirror, xenophobia, identity formation, makwerekwere, expectations
Procedia PDF Downloads 4364004 Migration-Related Challenges during the Covid-19 Pandemic in South Africa. A Case of Alexandra Township
Authors: Edwin Mwasakidzeni Mutyenyoka
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Without ignoring migration-related challenges in transit zones and places of origin, this inquiry focuses on arrived international immigrants’ exacerbated vulnerability during crises. The aim is to underline longstanding inequalities and demonstrate that crises merely amplify and exacerbate challenges that low-income migrants already face during ‘non-crises’ periods. Social protection, as an agenda for reducing vulnerability, poverty, and risk for low-income households, with regard to basic consumption and services, has been foregrounded in the post-apartheid development discourse in South Africa. Evidently, however, the state, through the South African Social Security Agency (SASSA), systemically excludes the majority of non-citizens from state-sponsored social assistance programs - often leaving them heavily dependent on sporadic non-state options and erosive coping mechanisms. In this paper, migration itself should not only be understood as a social protection strategy against poverty and risk but also as a source of vulnerability that often requires social protection. For quasi-ethnographic, it use one migrant destination, Alex Park Township, as a “contact zone” and space of negotiation during the pandemic.Keywords: south-south migration, crises, social protection, Covid-19 pandemic
Procedia PDF Downloads 814003 Assessment of Naturally Occurring Radionuclides of the Surface Water in Vaal River, South Africa
Authors: Kgantsi B. T., Ochwelwang A. R., Mathuthu M., Jegede O. A.
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Anthropogenic activities near water bodies contribute to poor water quality, which degrades the condition of the biota and elevates the risk to human health. The Vaal River is essential in supplying Gauteng and neighboring regions of South Africa with portable water for a variety of consumers and industries. Consequently, it is necessary to monitor and assess the radioactive risk in relation to the river's water quality. This study used an inductive coupled plasma mass spectrometer (ICPMS) to analyze the radionuclide activity concentration in the Vaal River, South Africa. Along with thorium and potassium, the total uranium concentration was calculated using the isotopic content of uranium. The elemental concentration of ²³⁸U, ²³⁵U, ²³⁴U, ²³²Th, and 40K were translated into activity concentrations. To assess the water safety for all users and consumers, all values were compared to world average activity concentrations 35, 30, and 400 Bqkg⁻¹ for ²³⁸U, ²³⁴Th, and ⁴⁰K, respectively, according to the UNSCEAR report. The results will serve as a database for further monitoring and evaluation of the radionuclide from the river, taking cognisance of potential health hazards.Keywords: Val Rivers, ICPMS, uranium, risks
Procedia PDF Downloads 1544002 Challenges of Carbon Trading Schemes in Africa
Authors: Bengan Simbarashe Manwere
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The entire African continent, comprising 55 countries, holds a 2% share of the global carbon market. The World Bank attributes the continent’s insignificant share and participation in the carbon market to the limited access to electricity. Approximately 800 million people spread across 47 African countries generate as much power as Spain, with a population of 45million. Only South Africa and North Africa have carbon-reduction investment opportunities on the continent and dominate the 2% market share of the global carbon market. On the back of the 2015 Paris Agreement, South Africa signed into law the Carbon Tax Act 15 of 2019 and the Customs and Excise Amendment Act 13 of 2019 (Gazette No. 4280) on 1 June 2019. By these laws, South Africa was ushered into the league of active global carbon market players. By increasing the cost of production by the rate of R120/tCO2e, the tax intentionally compels the internalization of pollution as a cost of production and, relatedly, stimulate investment in clean technologies. The first phase covered the 1 June 2019 – 31 December 2022 period during which the tax was meant to escalate at CPI + 2% for Scope 1 emitters. However, in the second phase, which stretches from 2023 to 2030, the tax will escalate at the inflation rate only as measured by the consumer price index (CPI). The Carbon Tax Act provides for carbon allowances as mitigation strategies to limit agents’ carbon tax liability by up to 95% for fugitive and process emissions. Although the June 2019 Carbon Tax Act explicitly makes provision for a carbon trading scheme (CTS), the carbon trading regulations thereof were only finalised in December 2020. This points to a delay in the establishment of a carbon trading scheme (CTS). Relatedly, emitters in South Africa are not able to benefit from the 95% reduction in effective carbon tax rate from R120/tCO2e to R6/tCO2e as the Johannesburg Stock Exchange (JSE) has not yet finalized the establishment of the market for trading carbon credits. Whereas most carbon trading schemes have been designed and constructed from the beginning as new tailor-made systems in countries the likes of France, Australia, Romania which treat carbon as a financial product, South Africa intends, on the contrary, to leverage existing trading infrastructure of the Johannesburg Stock Exchange (JSE) and the Clearing and Settlement platforms of Strate, among others, in the interest of the Paris Agreement timelines. Therefore the carbon trading scheme will not be constructed from scratch. At the same time, carbon will be treated as a commodity in order to align with the existing institutional and infrastructural capacity. This explains why the Carbon Tax Act is silent about the involvement of the Financial Sector Conduct Authority (FSCA).For South Africa, there is need to establish they equilibrium stability of the CTS. This is important as South Africa is an innovator in carbon trading and the successful trading of carbon credits on the JSE will lead to imitation by early adopters first, followed by the middle majority thereafter.Keywords: carbon trading scheme (CTS), Johannesburg stock exchange (JSE), carbon tax act 15 of 2019, South Africa
Procedia PDF Downloads 514001 People Vote with Their Feet: The 'Parallel Polis' in South Africa as a Reaction to the Neo-Patrimonial State
Authors: A. Kok
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The South African experience of the general upsurge in protest movements internationally is characterised by a tension between a neo-patrimonial state on the one hand, and a society with growing middle-class needs and interests on the other. This tension translates into local community service delivery protests – often violent in nature – that have been steadily increasing in number since 2008, student uprisings that have reached their height in October 2015, and various continuing local social #MustFall movements that are geared towards addressing government corruption and transforming neo-liberal structures. As a result, growing citizen (and non-citizen) revolt in South Africa has seen the (i) creeping securitization of the neo-patrimonial state and (ii) the 'top-down' misuse of a current 'bottom-up' people’s ideology, decoloniality, in an attempt by a faction in the ruling party (representing the neo-patrimonial state) to legitimize its actions and consolidate its power. The neo-patrimonial state’s creeping securitization and ideological positioning lead to a further mistrust of public institutions, people’s disengagement with traditional politics, and the creation of a 'parallel polis' by citizens and non-citizens that bypasses the official and oftentimes corrupt structures of the state. By applying the concept 'parallel polis' – originally developed by Václav Benda in connection with the movement Charter 77 in former Czechoslovakia – to a South African case study, it is illustrated that, even in the absence of overt oppression and the use of terror by a ruling elite, entrenched neo-patrimonialism can be potent enough to fuel the creation of various independent parallel public spheres (or, as a whole, understood as a 'parallel polis') to bypass dysfunctional state channels. A flourishing parallel polis offers possibilities for political, social and economic renewal. This is especially relevant in the consolidation of South Africa’s relatively young democracy.Keywords: decoloniality, neo-patrimonialism, 'parallel polis', protest movements, South Africa, state securitization
Procedia PDF Downloads 2024000 Antigenic Diversity of Theileria parva Isolates from Cattle and Buffalo at the Wildlife-Livestock Interface in Southern and Eastern Africa
Authors: Mukolwe D. Lubembe, Odongo O. David, Githaka Naftali, Kanduma Esther, Marinda Oosthuizen, Kgomotso P. Sibeko
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Theileriosis is a tick-borne disease of cattle caused by an apicomplexan protozoan parasite of the genus Theileria. In eastern and southern Africa, Theileria infections in cattle are caused by the species Theileria parva whose natural reservoir is the African buffalo (Syncerus caffer). Currently, East Coast Fever (ECF) caused by the cattle-derived Theileria parva is still a major problem in eastern Africa and some parts of southern Africa but not in South Africa following its eradication in the 1950s. However, Corridor disease (CD) caused by the buffalo-derived Theileria parva still remains a concern in South Africa. The diversity of Theileria parva in South Africa in comparison to other affected countries is poorly defined yet its known to be the survival strategy of this parasite. We assessed the antigenic diversity of Theileria parva isolates from Buffalo and cattle at the wildlife-livestock interface comparing samples from South Africa, Zimbabwe, Kenya, Tanzania, and Uganda. Antigenic epitopes of eight schizont antigen genes (Tp1, Tp3, Tp4, Tp5, Tp6, Tp7, Tp8 and Tp10) were amplified by PCR from genomic DNA extracted from blood samples collected from cattle and buffalo at the wildlife-livestock interface. Amplicons were purified and then sequenced on NGS platform. Full length open reading frames (ORFs) of two schizont antigen genes (Tp2 and Tp9) and one sporozoite antigen gene, p67 were also amplified from genomic DNA. Amplicons were then purified and cloned for sequencing. Analysis was based on sequence differences in the genes. Preliminary results show an extensively diverse population of Theileria parva circulating in buffalo and cattle populations at the wildlife-livestock interface. Diversity of the antigen genes contributes to the evasion of the immune system of the host by Theileria parva. This possess a concern in that, some of the Theileria parva populations may re-assort and become adapted to cattle to cause a form of theileriosis that is as fatal as ECF in areas where ECF was eradicated or is absentKeywords: Theileria parva, east coast fever, corridor diseases, antigen genes, diversity
Procedia PDF Downloads 2213999 Audience Perceptions and Attitudes Towards the Representation of Tribal South African Culture in Drama Series
Authors: Oluwayemisi Mary Onyenanakeya, Kevin Onyenankeya
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Commercial media entertainment offerings especially mainstream soap operas, in South Africa, are progressively infusing dominant social values and ideas which are alien to South African tribal societies. In most of the commodified television drama series, people who hold tight to traditional beliefs and values are often characterised as traditionalists, while those who have imbibed the western defined dicta and ideology of modernity are seen as progressives. This study, therefore, sought to ascertain how South African tribal language, traditional institutions, values, social norms and ancestral beliefs are portrayed through the television drama, Generations: The Legacy, and what the viewers think about those constructions and the implication for cultural identity. The mixed methods approach was employed involving the administration of questionnaire to 350 participants selected through random sampling and a content analysis of 20 episodes of Generations: The Legacy. The findings further showed that the values and traditions represented in generation do not significantly reflect the South African tribal tradition and values (p-value > 0.05). In most instances where traditional values are represented they tend to be portrayed as old fashioned (p-value > 0.05), and inferior and backward (p-value > 0.05). In addition, the findings indicate that Generations: The legacy is a vehicle for promoting dominant culture.Keywords: identity, soap opera, South Africa, television
Procedia PDF Downloads 277