This land is your land, this land is my land

The parliamentary committee on land expropriation published the Draft Constitution Eighteenth Amendment Bill in Government Gazette 42902 for comment on 6 December.


The plan is for the committee to report to the national assembly by 31 March 2020.

This is a huge issue in South African history as it is the first time that parliament aims to amend the Bill of Rights. The aim of the draft bill is to amend the Constitution of the Republic of South Africa, 1996, so as to provide that where land and any improvements thereon are expropriated for the purposes of land reform, the amount of compensation payable may be nil; and to provide for matters connected therewith.

The draft bill’s memorandum also adds that “such limitation is a legitimate option for land reform, so as to address the historic wrongs caused by the arbitrary dispossession of land, and in so doing ensure equitable access to land and further empower the majority of South Africans to be productive participants in ownership, food security and agricultural reform programs”.

National legislation will set out specific circumstances where a court may determine that the amount of compensation is nil.

The public only has a few days left to submit written submissions on the bill. These must be received by no later than 31 January 2020. For more information on this and the gazette, click here

For more information on this and other legislation, visit https://legal.sabinet.co.za – your direct and convenient access to the laws that govern South Africa.

Access multivariate resources applicable to the Republic with the three-tier system of government – National, Provincial and Local – Your Blueprint of the South African Legal Landscape.

Music photo created by ArthurHidden - www.freepik.com

SabinetLaw : Draft legislation designed to promote and develop sport and recreation in South Africa is heading for parliament.

The sport and recreation department published the Draft National Sport and Recreation Amendment Bill.

The department published the proposed legislation for comment in December 2019. Comment is due by 28 February 2020.

The draft bill aims to set up a Sport Arbitration Tribunal to resolve disputes between sport or recreation bodies. It also aims to amend the National Sport and Recreation Act, 1998 to, amongst others provide for and regulate combat sport and the fitness industry, which would include gyms. The amendments will also provide for changes to the procedure in bidding for and hosting of international sports and recreation events. 

When these amendments are enacted, the minister would also be empowered to set up a Committee of Inquiry to investigate any matter that put sport or recreation in disrepute, financial mismanagement and good governance.

Meanwhile, the department has also published the Draft South African Institute for Drug-Free Sport Amendment Bill’s explanatory summary in Notice 15.

The proposed legislation was published for comment earlier this month. Comment is also sought until 28 February 2020.

The draft bill aims to amend the South African Institute for Drug-Free Sport Act of 2007. According to the draft bill’s memorandum, amendments to the principal act are needed to address problems such as the lack of jurisdiction to test school children involved in sport for the usage of performance enhancement substances; lack of transparency and openness in board appointments; the exclusion of recreational activities such as the fitness industry from the act and the lack of any prohibition in terms of possession and distribution of prohibited substances as proclaimed by the World Anti-Doping Association.

For more information on this and other legislation, visit https://legal.sabinet.co.za – your direct and convenient access to the laws that govern South Africa.

Access multivariate resources applicable to the Republic with the three-tier system of government – National, Provincial and Local – Your Blueprint of the South African Legal Landscape.

No More.

Violence against women and children has become an international concern for many. We hear more and more stories from the victims of women and child abuse and it has become evident that South Africans are taking a stand.

The 16 Days of Activism for No Violence against Women and Children Campaign  started in 1991 and continues to this day as a United Nations campaign which takes place annually from 25 November (International Day of No Violence against Women) to 10 December (International Human Rights Day). 

That is why it is so prevalent in today’s society that the Prescription in Civil and Criminal Matters (Sexual Offences) Amendment Bill has been tabled in parliament. The Bill provides for the prosecution of people who have committed sexual offences, irrespective of when these offences were committed.

The bill aims to:

  • Amend the Prescription Act, 1969, so as to extend the list of sexual offences in respect of which prescription does not commence to run under certain circumstances regarding a debt that is based on the alleged commission of any of those sexual offences; 
  • amend the Criminal Procedure Act, 1977, so as to extend the list of sexual offences in respect of which a prosecution may be instituted after a period of 20 years has lapsed since the date of the alleged commission of the sexual offence; and
  • provide for matters connected therewith. Sexual offences include rape, indecent assault, incest, child pornography and commercial sexual exploitation of children.

The Bill provides for the prosecution of people who have committed sexual offences, irrespective of when these offences were committed.

Cabinet added that the “proposed amendments will provide the National Prosecution Authority with a wider discretion to institute the prosecution of sexual offences cases that were committed even 20 years earlier”.

The portfolio committee on justice and correctional services will process the bill.

For more information this bill and other legislation, visit https://legal.sabinet.co.za – your direct and convenient access to the laws that govern South Africa.

Access multivariate resources applicable to the Republic with the three-tier system of government – National, Provincial and Local – Your Blueprint of the South African Legal Landscape.

The value of the research emanating from Southern Africa

After the largest gathering of African scholars in the world took place in November (the 63rd Annual Meeting of the African Studies Association attended by about 2000 scholars and professionals), it’s the perfect time to reflect on the richness of research that comes out of Southern Africa. Especially when much of that research addresses two of the UN’s sustainable development goals that are so critical in Africa – good health and wellbeing, and quality education.

Here are just a few examples.

Pioneering work in middle-ear transplants 

Professor Mashudu Tshifularo and his team at the University of Pretoria (UP) Faculty of Health Sciences have pioneered world’s first middle-ear transplant using 3D-printed bones. 

After studying conductive hearing loss for 10 years, Prof. Tshifularo more recently looked to 3D technologies to provide a solution to scan and rebuild damaged areas of the ear that include some of the smallest bones in the human body.

His work may well provide the answer to conductive hearing loss, a middle ear problem caused by congenital birth defects, infection, trauma or metabolic diseases, that up until now was considered to be permanent. By adopting new technology and adapting it to a previously unsolvable problem, Prof. Tshifularo is bringing hope to people across the globe – not just in Africa.

Research proves scaled-up ART use controls TB

Scientists from the University of KwaZulu-Natal (UKZN), the KwaZulu-Natal Research Innovation & Sequencing Platform (KRISP) and the Africa Health Research Institute (AHRI) have used data from one of the world’s largest longitudinal population health surveillance systems to investigate tuberculosis (TB) in a high-HIV-prevalence, rural, South African community and to quantify the impact of community-ART-coverage scale-up on recently diagnosed TB cases.

Proving that scaling up antiretroviral therapy coverage will reduce cases of TB, this study provides key information that will guide policymakers on the scale-up of ART in HIV hyperendemic sub-Saharan African communities. This will, ultimately, aid in the control of TB – the world’s most deadly infectious disease. 

Groundbreaking research in teaching and learning

​Dr Valentin Uwizeyimana, the first student from Rwanda in the Graduate School of the Faculty of Arts and Social Sciences at Stellenbosch University, conducted groundbreaking research on using mobile technologies in foreign-language learning.

His research is importance, not only because it promotes the use of devices and applications that are already popular in Africa for English language learning, but also because the learning model he has developed can be applied to different languages and countries around the world.

Dr Uwizeyimana’s research made use of a multitude of apps with the purpose of improving the language learners’ overall proficiency – all without the direct involvement of language teachers. This research will offer a solution to the challenge that learners face when the target language is a foreign language, or a language not really spoken in their communities.

Access to valuable research

For over 3 decades, Sabinet has collected and disseminated quality Southern African information to researchers and scholars across the globe. This has enabled researchers, like these singled out above, to access the information necessary to drive their inspired thinking and to give the world access to their inspired work.

Sabinet African Journals is home to over 500 African electronic journals, from 217 African publishers and includes subject collections on medicine and health, education, business and finance, labour, law, religion, science and technology, and agriculture. Visit www.journals.co.za for more information. 

news-research

SA NEWS REFLECTS AN INSPIRING HISTORY

At a time when views of doom and gloom seem to permeate everything we read, we would do well to reflect on the rich history of Africa and the previous challenges that have been overcome. Old newspapers may not seem like the obvious place to start when delving into a country’s history, but in fact they are a treasure trove of colourful information and an exciting archival source for any historian or researcher. 

From politics to business to sport, looking back at some of the headlines that captured the attention of the continent it is inspiring to see that strength and positive change can be born out of adversity. 

SA, India mark 125th anniversary of Gandhi train incident

The Citizen, 8 June 2018

“On 7 June 1893, a young Mahatma Gandhi was forcibly removed from the first class, whites-only carriage of a train in Pietermaritzburg … the event initiated his contemplation of racial discrimination and represented the beginning of his philosophy of Satyagraha (truth-force) and Ahimsa. This philosophy became one of the greatest political drivers of the twentieth century, influencing the civil rights movement in the United States and the African National Congress (ANC) in South Africa.”

World welcomes FW’s major step forward 

The Star, 3 February 1990

The headline the day after then-President FW de Klerk’s historic announcement of the lifting of the State of Emergency, the unbanning of liberation movements such as the ANC and the imminent release of political prisoners, set the tone for an era of positive change. He is quoted as saying, “This is where I stand: deeply aware of our responsibility, humble in the face of the tremendous challenge, determined to go forward in faith and conviction.’’

World hails our Boks 

The Cape Argus, 24 June 1995

The country was united as the Springboks won their first Rugby World Cup on June 24, 1995. Nelson Mandela presented the William Webb Ellis Cup to Francois Pienaar at Ellis Park and was able to use the 1995 Rugby World Cup as an instrument to help promote nation building just one year after South Africa’s historic first democratic election.

These are just a few of the over 4.5 million headlines available through Sabinet’s South African Online News Research service that allow researchers the unique opportunity to discover the intricacy of South Africa’s past and present as reflected in its newspapers. Sabinet’s news resource, SA News, is a living archive of invaluable insights from 1977 to present day.

For more information about this service contact info@sabinet.co.za

New rules from Home Affairs on Unabridged Birth Certificates

As we approach the festive season, many South Africans might be hosting family and friends from other countries. The home affairs department confirmed in a statement that the home affairs minister, Dr Aaron Motsoaledi, has signed the waiver that allows foreign children to enter South Africa without unabridged birth certificates.

Foreign children can now enter the country without carrying additional supporting documents such as birth certificates and consent letters. The waiver has been in place since 8 November 2019.

According to the department, the adjustments have been communicated to immigration officials at ports of entry and to the airline and maritime industries.

However, South African children and unaccompanied foreign children, must still provide supporting documents and travel with an unabridged birth certificate. 

“Foreign children who require a visa for South Africa do not need to carry the supporting documents for inspection at a port of entry since these would be processed together with their visa applications.”

Meanwhile, in a statement, the tourism department has “welcomed the scrapping of unabridged birth certificates, a positive development ahead of the festive season as this could spurn much needed growth in the Tourism sector”. 

The tourism minister, Mmamoloko Kubayi-Ngubane, declared that the removal of the requirement for unabridged birth certificates “is a win for tourism and an upside for industry and travellers alike as this has been a real concern raised throughout my engagements with various stakeholders. This announcement couldn’t have come at a better time than now as we approach the festive season”.

For more information on this legislation and other legislation visit https://legal.sabinet.co.za – your direct and convenient access to the laws that govern South Africa.