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SDG 5

A test for Allee effects in the self-incompatible wasp-pollinated milkweed Gomphocarpus physocarpus
15 November 2010
Stellenbosch University

Coombs, G.;Peter, C.I.;Johnson, S.D.

It has been suggested that plants that are good colonizers will generally have either an ability to self-fertilize or a generalist pollination system. This prediction is based on the idea that these reproductive traits should confer resistance to Allee effects in founder populations and was tested using Gomphocarpus physocarpus (Asclepiadoideae: Apocynaceae), a species native to South Africa that is invasive in other parts of the world.We found no significant relationships between the size of G. physocarpus populations and various measures of pollination success (pollen deposition, pollen removal and pollen transfer efficiency) and fruit set. A breeding system experiment showed that plants in a South African population are genetically self-incompatible and thus obligate outcrossers. Outcrossing is further enhanced by mechanical reconfiguration of removed pollinaria before the pollinia can be deposited. Self-pollination is reduced when such reconfiguration exceeds the average duration of pollinator visits to a plant. Observations suggest that a wide variety of wasp species in the genera Belonogaster and Polistes (Vespidae) are the primary pollinators.We conclude that efficient pollination of plants in small founding populations, resulting from their generalist wasp-pollination system, contributes in part to the colonizing success of G. physocarpus.The presence of similar wasps in other parts of the world has evidently facilitated the expansion of the range of this milkweed.
Bibliometrics as a tool for measuring gender-specific research performance: An example from South African invasion ecology
28 February 2013
Stellenbosch University

Prozesky, H.;Boshoff, N.

Citations to published work are gaining increasing prominence in evaluations of the research performance of scientists. Considering the importance accorded to gender issues in South African science, it is surprising that (to our knowledge) no research has as yet ascertained the extent of sex differences in citations to the published work of scientists in this country. Our literature study shows that studies that have been conducted elsewhere tend to neglect in their analyses important gender-related and other factors, such as the sex composition of multi-authored papers and the extent of foreign co-authorship. Against this background, we illustrate the difficulties inherent in measuring the quality aspect of sexspecific research performance by means of an analysis of a dataset of articles (n = 229) that were published between 1990 and 2002 in the field of invasion ecology and in journals included in the Thomson Reuters Web of Science. Each article has at least one South African author address. The results indicate that foreign co-authorship is a better correlate of high citations than the sex of South African authors, and this is true irrespective of whether the annual citation rate or window period is used, whether or not self-citations are excluded, and whether or not the number of authors is controlled for by calculating fractional counts. The paper highlights these and other considerations that are relevant for future gender-focused bibliometric research, both in South Africa and beyond.
Seasonal reproduction in the eastern rock elephant-shrew: Influenced by rainfall and ambient temperature?
28 February 2013
Stellenbosch University

Medger, K.;Chimimba, C.T.;Bennett, N.C.

Because environmental conditions vary seasonally in most regions, many small mammals reproduce at a specific time of the year to maximize their reproductive success. In the tropics and subtropics, the breeding season is usually determined by the extent of the dry and rainy seasons. We investigated the seasonality of reproduction in the eastern rock elephant-shrew (Elephantulus myurus), over a 12-month period and attempted to elucidate the factors that may influence seasonal reproduction in this endemic African mammal. E. myurus breeds seasonally during the warm and wet spring and summer months and cessation of breeding occurs during the cold and dry winter months of the southern hemisphere. Pregnant females were only collected from August through to January. Ovarian size and plasma progesterone started to increase a few months prior to the first rains, were highest in October and decreased thereafter. Follicular growth and corpora body numbers corresponded to this seasonal reproductive pattern. Testes and seminiferous tubule size and plasma testosterone concentration has already started to increase during the coldest months, 2 months prior to reproductive onset in females. We propose that seasonal reproduction evolved in E. myurus because of seasonally changing food availability brought about by severe seasonal changes in rainfall and ambient temperature. The direct effects of rainfall and ambient temperature on reproduction of E. myurus are ambiguous, and we discuss other environmental factors that may trigger reproductive onset in this species.
Dilemma of Muslim women regarding divorce in South Africa
08 October 2009
North West University

Gabru, N

On a daily basis people enquire about the dissolution of Islamic marriages, in terms of South African law In South Africa. There exist no legal grounds for obtaining a divorce in a South African court, for persons married in terms of the Islamic law only. The reason for this is due to the fact that Muslim marriages are currently not recognised as valid marriages in terms of South African law. The courts have stated that the non-recognition of Islamic marriages is based on the fact that such marriages are potentially polygamous. In South Africa, marriages may be dissolved by the death of one of the spouses or by divorce. In terms of the Divorce Act, a decree of divorce will be granted by a court of law. Islam grants the husband the right of divorce and also grants the wife the right to request and apply to dissolve the marriage through what is known as Khula, the woman also has the right to a delegated divorce. If the husband dissolves the marriage by divorcing his wife, he cannot retrieve any of the gifts he has given her. Islam further makes provision for the "reasonable maintenance" of divorced women. The non-recognition of Islamic marriages has the effect that a person married in terms of Shari'ah only, has no right to approach a court of law for a decree of divorce and, unless a husband divorces his wife in terms of the Shari'ah, the wife is trapped in a marriage, even if the marriage has broken down irretrievably. Thus a custom in South Africa has developed, whereby Muslim husbands refuse to divorce their wives in terms of Islamic law, so as to punish the wife. The wife in turn cannot make use of the South African judiciary to obtain a divorce, because of the non-recognition of her marriage. This is a burden, which is in direct conflict with Islamic law. In 2000 a Bill was drafted by the South African Law Commission. This act will recognise Islamic family law within a constitutional framework. This article deals with the dilemma that a Muslim woman is faced with in South Africa with regards to divorce.
Some comments on the current (and future) status of Muslim personal law in South Africa
08 October 2009
North West University

Rautenbach, Christa

The state law of South Africa consists of the common law and the customary law. However, in reality there exist various cultural and religious communities who lead their private lives outside of state law. For example, the Muslim community in South Africa is a close-knit community which lives according to their own customs and usages. Muslims are subject to informal religious tribunals whose decisions and orders are neither recognised nor reviewable by the South African courts. The non-recognition of certain aspects of Muslim personal law causes unnecessary hardships, especially for women. A Muslim woman is often in a "catch two" situation. For example, on the one hand her attempts to divorce her husband in terms of Muslim law may be foiled by the relevant religious tribunal and, on the other hand, the South African courts may not provide the necessary relief, because they might not recognise the validity of her Muslim marriage. Increasingly, South African courts are faced with complex issues regarding the Muslim community. The last few years there has been a definite change in the courts' attitude with regard to the recognition of certain aspects of Muslim personal law. Contrary to pre-1994 court cases, the recent court cases attempt to develop the common law to give recognition to certain aspects of Muslim personal law. This article attempts to give an overview of the recent case law that dealt with issues regarding the recognition of aspects of Muslim personal law. Another issue, which eventuates from the current situation, is whether the South African legal order should continue to have a dualistic legal order or whether we should opt for a unified legal order or even a pluralistic legal order. In order to address this issue, some comments on the current status of Muslim personal law will be made and, finally, in order to contribute to the debate regarding the recognition of Muslim personal law, optional models for the recognition of Muslim personal law will briefly be evaluated.
Indian succession laws with apecial reference to the position of females: a model for South Africa
21 December 2009
North West University

Rautenbach, Christa

South Africa's dual system of succession laws (the common law of succession and the customary law of succession) recently came under scrutiny in Bhe v Magistrate, Khayelitsha (Commission for Gender Equality as Amicus Curiae); Shibi v Sithole; South African Human Rights Commission v President of the Republic of South Africa 2005 1 SA 580 (CC) where the customary rule of male primogeniture, amongst others, was declared to be unconstitutional. The court developed the Intestate Succession Act 81 of 1987 and in effect unified the common and customaiy law of succession, with the imperative to develop the succession laws by means of legislative initiatives. Since the envisaged statute has not yet been enacted, it is appropriate to compare the legal position in other jurisdictions with that of South Africa. Legal academics tend to compare aspects of the South African legal system with European and American legal systems and incline to forget the value of other major legal systems, such as the legal systems of Asia. The history of South Africa shows remarkable similarities to that of India and, since the phenomenon of legal pluralism is particularly prevalent there, it would be worthwhile to compare the succession laws of India in order to determine whether something similar would benefit South Africa. Besides focusing on the succession laws of Hindus, Muslims and Jews in general in India, this article will concentrate on the legal position of women under the various succession laws in particular.
The South African Civil Union Act 2006: progressive legislation with regressive implications?
11 February 2010
North West University

Robinson, J.A.;Bradley, S. Smith

A ground-breaking judgment handed down by the Constitutional Court on 1 December 2005 gave parliament 1 year within which to promulgate legislation that facilitated same-sex marriage in South Africa. In response, the Civil Union Act 17 of 2006 came into operation on 30 November 2006. This Act provides for the solemnization and registration of a civil union in the form of either a marriage or a civil partnership. While it can be accepted that the Act allows persons of the same sex to conclude a civil union, the position of heterosexual persons appears to be less certain – a situation which requires urgent attention due to the lack of legal protection currently afforded to cohabitants who have not formalized their relationships. This problem is exacerbated by a number of anomalies created by judicial intervention (prior to the promulgation of the Act), in terms of which certain benefits of civil marriages were extended to same-sex unmarried couples while their heterosexual counterparts were left out in the cold. After elucidating the interpretative difficulties caused by the Act, attempting to shed some light on a number of the anomalies alluded to above and briefly analysing the comparable marriage and marriage-like relationships encountered in Dutch law, this contribution concludes that the Civil Union Act is a badly-drafted piece of legislation that has only served to further fragment an already disjointed legal landscape.
Political opposition in patriarchal East London, 1950-1960: dilemmas of paternalism
06 August 2010
North West University

Atkinson, D

This paper describes the growing level of politicization in East London in the 1950s, and the way this affected the patriarchal normative system, which prevailed in urban administration. Patriarchalism, as a system, was susceptible of different interpretations by white municipal officials, and their response to black political opposition ranged from liberal forbearance to rigid and uncompromising intolerance. Black leaders’ attitudes to the patriarchal order were similarly nuanced. The Location Native Advisory Boards vacillated between opposition to the white patriarchal order and compliance with it. Towards the late 1950s, the political climate became ever more polarized. The paper draws on archival sources from East London to show that patriarchalism, as a moral system, was sufficiently robust to accommodate a variety of viewpoints, within the white and black communities. But as violent resistance took its toll during the 1950s, more coercive forms of paternalism came increasingly to the fore.
From genogram to genograph: using narrative means to contextualize social reality in the counselling session
10 January 2011
North West University

Van Niekerk, P J M;Van Niekerk, R L;Mushonga, H;Dogger, A

This article addresses a process that occurs when applying narrative therapy during a counselling session, namely moving away from the genogram towards the more effective genograph. Narrative therapy implies that we often talk and share stories about ourselves and that these stories are usually within a social context, whether it is our families, personal relationships or work. Stories are an important aspect in narrative therapy and therefore the counsellor must be aware of a family’s different contexts both as a family system, and as a group of individual members. The article takes as point of departure the thoughts of Charles Horton Cooley and George Herbert Mead and their influence on the development of the ‘self’ and the construction of our social reality within this process. It further argues in favour of the use of a genograph as a symbolic representation of the personal meanings of a family member’s experience of the dominant and alternative stories with which they live.
A brief overview of the Civil Union Act
30 March 2011
North West University

Ntlama, Nomthandazo

The adoption of the Constitution of the Republic of South Africa, 1996 (the Constitution) has provided a sound framework for the elimination of discrimination and prejudice against all members of our society. The Constitution provides for equal recognition of the right to freedom of religion and sexual orientation within the framework of the right to equality. This note aims to provide a brief overview and analysis of the general and potentially problematic features of the Civil Union Act 17 of 2006 (the Act) in the context of equality, generally and within realm of the constitutional protection afforded to everyone in South Africa. This contribution is limited to an examination of the quality of the legal protection accorded to same-sex couples as envisaged in the Act, and not to an analysis of the nature of the institution of marriage itself or the theological and social dimensions of same-sex marriages.
Rethinking Volks v Robinson: The implications of appliying a "contextualised choice model" to prospective South African domestic partnership legislation
31 March 2011
North West University

Smith, Bradley Shaun

The article considers certain critical failings of the so-called "choice argument" (that is the view that, by opting to cohabit in a life partnership rather than marry or enter into a civil partnership, a life partner is not entitled to the legal benefits provided by matrimonial [property] law) as it was applied to opposite-sex life partnerships by the majority of the Constitutional Court in Volks v Robinson.1 On the basis of Canadian jurisprudence, a "contextualised choice model" is developed that distinguishes between need-based claims and those involving property disputes, and holds that the "choice argument" could at best be relevant regarding the latter category of claims, while the existence of a reciprocal duty of support is sine qua non for any need-based claim to succeed. These findings are applied to registered and unregistered domestic partnerships under the draft Domestic Partnerships Bill, 2008, with the aim of suggesting certain amendments to the Bill in the hope of ensuring a more consistent and principled legal position once the Bill is enacted.
An embarrassment of riches or a profusion of confusion? An evaluation of the continued existence of the Civil Union Act 17 of 2006 in the light of prospective domestic partnerships legislation in South Africa
04 April 2011
North West University

Smith, Bradley Shaun;Robinson, J A

As it stands, South African family law currently holds that the Marriage Act 25 of 1961 applies exclusively to the solemnisation of heterosexual civil marriages while samesex couples have no choice but to formalise their relationships in terms of the Civil Union Act 17 of 2006. In addition, the legal position is complicated by the fact that the latter Act not only allows both heterosexual and homosexual couples to conclude a civil union, but also provides that a civil union may take the form of either a marriage or a civil partnership, both of which enjoy the same legal recognition as, and give rise to the same legal consequences, as a civil marriage under the Marriage Act. In January 2008, a draft Domestic Partnerships Bill saw the light of day, the potential enactment of which casts significant doubt as to whether the prevailing framework should be retained. With this potential development in mind, this paper considers the desirability of maintaining the "separate but equal" status quo by: (a) comparing the South African Law Reform Commission's pre-Civil Union Act proposals with the approach eventually adopted by the legislature; (b) comparing and contrasting the post-Civil Union Act position in South Africa with that of an established and wellordered jurisdiction such as the Netherlands and, in the light hereof, considering the cases for and against repealing the Civil Union Act; and (c) by considering the desirability and practicality of the civil partnership's potential co-existence with the Domestic Partnerships Bill (as modified in accordance with a recent study). A proposal is made that could provide a less complex and better streamlined family law dispensation in South Africa.
How could the pension funds adjudicator get so wrong? A critique of Smith versus Eskom Pensiion and Provident fund
04 April 2011
North West University

Dyani, Ntombizozuko;Mhango, Mtendeweka Owen

In this case note the judgment in the Smith case is criticized for being inconsistent with the landmark ruling in Volks. It is argued that the Adjudicator ought to have remanded the matter in Smith to the Board and ought to have ordered it to re-examine its discretion with a focus on a set of factors. Some of the negative effects of Smith on the pension funds industry are also outlined. While the authors express their understanding that the Adjudicator's decision in Smith was made with the rights of women in mind, they believe that her reasoning was wrong. She may have arrived at the same decision on different reasoning. In order to prevent the negative effects of Smith on the pension funds industry, it is recommended that the Adjudicator, when given an opportunity, should overrule the precedent set in Smith. Failure to do so would create the risk of the inconsistent application of the term "spouse" under South African law, or at the very least in relation to acts of Parliament administered by the National Treasury, which may potentially violate the equality provisions of the Constitution.
Party politics jeopardised the credibility of the Women’s National Coalition for Afrikaner women in the organisation.
13 January 2012
North West University

Maritz, Loraine

• Opsomming: Die Women’s National Coalition (WNC) is in 1992 amptelik gestig en was ‘n inisiatief van die African National Congress Women’s League. Die doelwitte van die WNC was om inligting oor vroue se behoeftes en aspirasies in te samel en dit in ‘n Vrouehandves saam te vat wat uiteindelik ‘n integrale deel van die nuwe Grondwet van Suid-Afrika sou word. Vanweë talle praktiese probleme, asook haar gebrek aan politieke vernuf, het die Afrikanervrou moeilik by die WNC aangepas. Daarby het die vyandigheid van swart vroue wat die vergaderings van die WNC domineer het, verder die Afrikanervrou se betrokkenheid in die wiele gery. In hierdie artikel val die soeklig op hoe die politieke gebeure tydens die onderhandelings vir ’n nuwe demokratiese bestel die WNC en Afrikanervroue beïnvloed het.
"Allowed such a state of freedom": women and gender relations in the Afrikaner community before enfranchisement in 1930.
17 January 2012
North West University

Giliomee, Hermann

• Opsomming: Hierdie artikel argumenteer dat Afrikanervroue gedurende die eerste twee eeue van die nedersetting aansienlik meer regte geniet het onder die Romeins-Hollandse reg as wat die geval was met vroue wat onder die Engelse regte sorteer het. Hul posisie is verder onderskraag deur die stelsel van ras-gebaseerde slawerny, toenemende segregasie in die kerk, en die belangrike funksies wat die boervrou op die plaas gespeel het. Afrikaanse vroue kon nie stem nie en ook nie ampte in die politieke stelsel of kerk beklee nie, maar hulle het hul stempel op die samelewing afgedruk. Hulle het ‘n leidende rol gespeel in die besluit van talle grensboere om die kolonie te verlaat. Onder die vroue wat die Groot Trek meegemaak het, het vurige anti-imperialistiese sentimente ontwikkel, wat uiting gevind het in sterk ondersteuning vir die Transvaalse opstand in 1880-81 en die Bittereinder-fase van die Suid-Afrikaanse Oorlog. Van die laaste kwart van die negentiende eeu is die sterk posisie van die Afrikaanse vrou ondergrawe deur verreikende veranderings in die erfreg, verstedeliking, wat haar rol dikwels tot die huis beperk het, en die toenemende invloed van sowel Viktoriaanse as nasionalistiese opvattinge oor die ondergeskikte rol wat die vrou behoort te speel. Afrikaanse vroue het eers laat op die stemreg aangedring omdat hulle dit as hul prioriteit beskou het om die eerste gesin en die gemeenskap se belange te bevorder. In die eerste 250 jaar van blanke vestiging aan die Kaap het hulle `n deurslaggewende rol gespeel in die ontwikkeling van daardie eienskappe wat vandag as kenmerkend van die Afrikaner-identiteit beskou word: godsdienstigheid, `n bepaalde vorm van huislike lewe en die kultuur van die plaas- en landelike lewe.
They also served: ordinary South African women in an extraordinary struggle: the case of Erna de Villiers (Buber)
17 January 2012
North West University

Möller, Pieter L

Met die ontplooiing en vestiging van die Apartheidsbeleid1 in Suid-Afrika na 1948 het by ‘n groot gedeelte van die Suid-Afrikaanse bevolking teenstand teen die beleid van afsonderlike ontwikkeling ontstaan. Gedurende die tydperk 1948 tot 1960 is ‘n hele reeks wette aanvaar om die skeiding van rassegroepe in Suid-Afrika aan te moedig. Grootskaalse weerstand teen die reeks diskriminerende wette het onder die swartmense ontwikkel. Vroue uit alle kleurgroepe het tydens die “Apartheidsjare” (1960 tot 1990) aan versetaksies in Suid-Afrika deelgeneem om hulle misnoeë met inperkende wetgewing te kenne te gee. Ander het bydraes gelewer om ‘n verskil te maak in die lewens van mense wat onder rassisme gebuk gegaan het. Vroue se betrokkenheid op hierdie fronte was dikwels geminag. Hulle minderwaardige plek in die destydse samelewing was moontlik ‘n faktor. Desnieteenstaande het hierdie vroue se bydraes ‘n verskil help maak. Vir hierdie doel val die kollig op verskeie vroue se bydraes, waaronder enkele bekende asook minder bekende vroue. Erna de Villiers (Buber) is ‘n spesifieke voorbeeld om die rol van ‘n vrou wat tydens die Apartheidsjare ‘n prominente bydrae gelewer het, uit te wys. Haar rol onder swart skoolleerlinge word beklemtoon.
"A marionette in the hands of masterful men" the sage murder of 1893.
26 January 2012
North West University

Vernon, Gillian

• Opsomming: 'n Twintigjaar oue meisie en haar minnaar is in 1893 Gearresteer vir die moord die meisie se vader. Uit die ondersoek sowel as die verhoor was dit baie duidelik dat die meisie nou betrokke was by pogings om haar vader te vermoor deur hom te vergiftig en te skiet. Die manlike jurie het haar egter onskuldig bevind terwyl haar minnaar die doodstraf opgelê is. Die uitspraak was populêr gedurende daardie tyd, maar die vraag wat ontstaan is waarom sy kwytgeskeld is . Die artikel suggereer dat Mary Sage gesien is as die hulpelose slagoffer van manlike ondeug.
Stokvels and economic empowerment: the case of African women in South Africa, ca. 1930 - 1998.
06 March 2012
North West University

Verhoef, Grietjie

Verwantskapverhoudings in tradisionele gemeenskappe het vroue onderwerp aan die gesag van mans en ouer vroue. Vroue behoort aan hulle mans en hulle reg om in die kraal te woon het afgehang van haar verwantskap tot een of ander man, lewend of afgestorwe. Ingevolge die kommunale grondbesitstelsel kon vroue nie grond erf nie, maar dit het vererf na haar kinders. Vroue het vruggebruik van hul afgestorwe eggenotes se grond behou. Wanneer vroue uit die tradisionele sektor uitbeweeg het, het die moontlikheid ontstaan om vry en onafhanklik van die man te word. Swart vroue wat stedelike gebiede toe getrek het, het self 'n inkome begin verdien. Dikwels het weduwees deur verstedeliking begin om 'n onafhanklike lewe te skep. In hierdie stedelike omgewing het vroue ondernemend oorgegaan tot informele sektor aktiwiteite, maar hulle het toegang tot kontant ontwikkel waarvoor hulle dan stokvelle gestig het. Stokvelle was sosio-ekonomiese ondersteuningstelsels om daaglikse bestaansbehoeftes asook later langtermyn aan krediet aan te spreek. In hierdie artikel word die stokvel as tipiese ROSCA-organisasie ontleed. Die verskillende verskyningsvorme van stokvelle word bespreek asook die funksies daarvan in die Swart gemeenskappe. Ten slotte word verwys na die pogings tot integrasie van stokvelle in die formele finansiële stelsel. Die artikel is krities ten aansien van die mate waartoe formele finansiële instellings die bewese spaargeneigdheid van hierdie organisasies erken en op grond daarvan toegang tot krediet ver/een.
"Thinking your journal unimportant": a feminist literary analysis of selected excerpts from Lady Anne Barnard’s Cape diaries.
08 June 2012
North West University

Murray, J

This article offers a feminist literary analysis of selected excerpts from the diaries that Lady Anne Barnard wrote during her stay at the Cape Colony from 1797 until 1802. Lady Anne was, by all accounts, an extremely productive writer and correspondent who left behind a wealth of material at the time of her death on 6 May 1825. The article argues that diaries can provide valuable insights about gendered constructions at different historical moments and about how individual women navigated such gendered structures in their daily lives. The textual specificities of diaries require that researchers adjust our reading strategies to meet the demands of these texts. Lady Anne emerges as a complex subject who is both subversive and constrained in her negotiations with gendered constructions of “proper” female roles and behaviour. Even as she challenges these constructions, she also appears to have internalized them, at least partly.
Women in history textbooks - What message does this send to the youth?
03 July 2012
North West University

Chiponda, Annie;Wassermann, Johan

History textbooks, like all textbooks, play an important role in the facilitation of learning. They act as vehicles by means of which past knowledge legitimated by government and related authorities, as contained in the curriculum, is presented to school-going youth. Textbooks are by nature powerful and authoritative because they are approved by government and other authorities. As a result, school-going youth are likely to consider the way women and men are portrayed in history textbooks as unquestionable and historically truthful. Having reported on findings of empirical studies on women in history textbooks from, amongst others, Taiwan; the United States; the United Kingdom; Russia and South Africa, we conclude that women are underrepresented, misrepresented and marginalised in history textbooks. Women are portrayed as historically unimportant and incapable, contributing little to society outside of the domestic sphere. We furthermore argue that this type of portrayal sends powerful messages to the youth about men and women in history and in contemporary society.
Sexual harassment in the education sector
03 September 2012
North West University

Smit, D;Du Plessis, V

Education should safely shape the minds and attitudes of young adults and children, especially with the in loco parentis principle in mind. Young adults who have experienced sexual harassment in the very environment that should have protected them as learners suffer greatly from social problems and from emotional and academic strain. Victims often become future harassers themselves. Sexual harassment should be eradicated from the education sector in toto to ensure a safe learning environment. High incidences of harassment have been found among college students in America, while a very small percentage of such transgressions have been reported. Similar statistics in South African universities are not available, the problem is therefore managed in a void. The position in schools is more alarming. In South Africa it has been found that 30 per cent of girls are raped at school and that male learners and educators are the main culprits. Not only is the magnitude of this problem gravely underestimated, but the effect of sexual harassment on learners has also not been managed properly. The authors argue that the focus is on avoiding legal responsibility and accountability, rather than on being proactive. The historic invisibility of sexual harassment in education can be attributed to the wrongful silencing thereof.
Human rights that influence the mentally ill patient in South African medical law: a discussion of sections 9; 27; 30 and 31 of the constitution
03 September 2012
North West University

Swanepoel, M

The personalised nature of mental illness obscures from general view the intolerable burden of private and public distress that people with serious mental illness carry. Invariably the mentally ill person encounters rejection and humiliation that are in some way tantamount to a "second illness." The combination either disrupts or puts beyond reach the usual personal and social life stages of marriage, family life, raising children, sexual relationships, the choice of treatment, affordable housing, transportation, education and gainful employment. As a result of their lack of financial and social support and their experience of rejection from society, persons with mental illness tend to neglect themselves and their diet, and frequently delay seeking treatment. Against this background, this contribution critically focuses on the human rights that influence the mentally ill patient in South African medical law. Specific attention is paid to the relevance and meaning of sections 9 (the equality clause), 27 (access to health care services), 30 and 31 (language, culture and religion) of the Constitution of the Republic of South Africa, 1996.
"Child divorce": a break from parental responsibilities and rights due to the traditional socio-cultural practices and beliefs of the parents
03 September 2012
North West University

Bekink, M

In a recent ground-breaking case the South African courts were for the first time requested to use their discretion to interfere in the parent-child relationship due to the traditional socio-cultural beliefs of the parents. In what has been described as "every parent's nightmare; the fancy of many teenagers", a 16 year-old schoolgirl from Milerton in the Western Cape asked to be "freed" from her parents to live semi-independently from them because of her unhappiness with the conservative manner in which her parents treated her. After considering the matter the judge assigned to the case granted her request to live semi-independently with a school friend and her family (called by the judge the host family) until she reaches the age of 18 (her majority). Her parents were accorded permission to have limited contact with her. This case represents an example of the difficulties involved when balancing the rights of a teenager against those of the parents in matters of socio-cultural practice and belief. In a multi-cultural society such as South Africa the case raises numerous serious questions for other families. For instance, what standards will a court use to determine if parents are too conservative in bringing up their children and what factors will be taken into account? How much freedom and autonomy should children be given? How will courts prevent children from misusing the system just to get what their friends have, and - the ultimate question - are the rights of children superior to the traditional rights of parents in matters of socio-cultural practice, with specific reference to their upbringing? In this context it is the aim of this contribution to focus primarily on the questions asked above. Possible solutions for striking a balance between the rights of children and their parents are explored. The submission is made that the best interests principle is still the most important factor to be taken into account when balancing or weighing competing rights and interests concerning children. The principle of the best interests of the child, the founding principle of children's rights, however, is anchored in the family, and any break between the two should be carefully considered. It is concluded that in an attempt to resolve disputes between parents and their children the relevant provisions of the Constitution and the Children's Act must be considered and must be balanced and tested in relation to each other for constitutional consistency and compliance. It is also submitted that caution should be taken by the legislative framework not to encourage children to break the parent-child relationship on a mere whim, as an overemphasis of children's rights might result in the dilution of the sense of the value of the family in society.
Achieving "decent work" in South Africa?
04 September 2012
North West University

Cohen, T;Moodley, L

The fundamental goal of the International Labour Organisation is the achievement of decent and productive work for both women and men in conditions of freedom, equity, security and human dignity. The South African government has pledged its commitment to the attainment of decent work and sustainable livelihoods for all workers and has undertaken to mainstream decent work imperatives into national development strategies. The four strategic objectives of decent work as identified by the ILO are: i) the promotion of standards and rights at work, to ensure that worker's constitutionally protected rights to dignity, equality and fair labour practices, amongst others, are safeguarded by appropriate legal frameworks; (ii) the promotion of employment creation and income opportunities, with the goal being not just the creation of jobs but the creation of jobs of acceptable quality; (iii) the provision and improvement of social protection and social security, which are regarded as fundamental to the alleviation of poverty, inequality and the burden of care responsibilities; and (iv) the promotion of social dialogue and tripartism. This article considers the progress made towards the attainment of these decent work objectives in South Africa, using five statistical indicators to measure such progress namely: (i) employment opportunities; (ii) adequate earnings and productive work; (iii) stability and security of work; (iv) social protection; and (v) social dialogue and workplace relations. It concludes that high levels of unemployment and a weakened economy in South Africa have given rise to a growing informal sector and an increase in unacceptable working conditions and exploitation. The rights of workers in the formal sector have not filtered down to those in the informal sector, who remains vulnerable and unrepresented. Job creation initiatives have been undermined by the global recession and infrastructural shortcomings and ambitious governmental targets appear to be unachievable, with youth unemployment levels and gender inequalities remaining of grave concern. Social protection programmes fail to provide adequate coverage to the majority of the economically active population. Social dialogue processes and organisational structures fail to accommodate or represent the interests of the informal sector. Until these problems are overcome, the article concludes, it remains unlikely that decent work imperatives will be attained.
But is it speech? Making critical sense of the dominant constitutional discourse on pornography, morality and harm under the pervasive influence of United States first amendment
05 September 2012
North West University

Van der Poll, L

Under the pervasive influence of United States First Amendment jurisprudence, adult gender-specific sexually explicit (or “pornographic”) material is conceptualized, and thus protected in the “marketplace of ideas”, as a particular mode of expression; to be viewed as part of the fabric of an open, free and democratic society. The values which free expression are seen to promote centre upon the advancement of political debate and promotion of personal self-fulfilment and autonomy. Attempts to conceptualise sexually explicit material within a gender-specific human rights framework present distinct challenges which, in a patriarchal legal and political design, appear to be near insurmountable. These challenges seem to be related to the enduring impact of the common law conception of obscenity (with its strong moralistic overtones) on the jurisprudence of the United States Supreme Court, coupled with a subjective libertarianinspired test, and the Supreme Court’s general reluctance (also echoed by the South African Constitutional Court) to consider a gender-specific conception of harm emanating from feminist arguments premised upon women’s constitutional interests in human dignity, equality and bodily integrity. The social revolution of the 1960s, coupled with the women’s liberation movement, called for a distinct departure from the traditional conception of sexually explicit material as a mode of constitutionally defendable free speech and expression, a conception which unavoidably calls for a moralistic approach, separating acceptable forms of expression from those not deemed worthy of (constitutional) protection (termed “obscenity”, specifically created to satisfy the “prurient interest”). The Supreme Court’s obscenity jurisprudence is characterised by two key features. First, the court subscribes to an abstract concept of free speech, which proceeds from the assumption that all speech is of equal value, and thereby surmises that “non-obscene” sexually explicit material has social value, as do esteemed works of literature and art. Secondly, the court assumes that all individuals have equal access to the means of expression and dissemination of ideas and thus fails to acknowledge substantive (and gendered) structural inequalities. A closer inspection reveals that the Supreme Court’s justification of why freedom of expression is such a fundamental freedom in a constitutional democracy (and the reason that “non-obscene” sexually explicit material consequently enjoys constitutional protection) is highly suspect, both intellectually and philosophically. And yet the South African Constitutional Court has explicitly recognised the same philosophical justification as the basis for free speech and expression. The Constitutional Court has, in fact, both supported and emphasised the idea that freedom of expression stands central to the concepts of democracy and political transformation through participation, and has expressly confirmed the association between freedom of expression and the political rights safeguarded under the Bill of Rights. Moreover, the Constitutional Court has also endorsed the conception of adult gender-specific sexually explicit material as a form of free expression. And yet by embracing a moralistic, libertarian model of free expression, the very ideal of a free, democratic and equal society, one in which women can live secure from the threat of harm, is put at risk. A moralistic, libertarian model is simply not capable of conceptualising sexually explicit material as a possible violation of women’s fundamental interests in equality, dignity and physical integrity. This article has a two-fold objective. The first is to critically examine the dominant discourse on adult gender-specific sexually explicit material emanating from United States jurisprudence (and its resonance in South African constitutional thought), and secondly, to assess whether this particular conception is sensitive to the possible constitutional harm which may result from an abstract liberal-inspired accommodation of sexually explicit material in an imagined free and open democratic society, such as the one presented by the South African legal and constitutional contexts.
The rise and demise of Scope magazine: a media-historical perspective
02 October 2012
North West University

Froneman, Johannes Degenaar

During the 1960s, 70s and 80s, Scope magazine became a South African publishing icon. It challenged the censorship laws of the time with pin-up pictures of bikini-clad girls and star-covered breasts. During the 1990s, when the apartheid regime was on its way out, other magazines pushed the boundaries much further. to defend its circulation, Scope became more risqué, to the point where full-frontal nudity was published. Something gave and circulation slumped. In reaction, the publishers repositioned Scope as an up-market magazine for males in 1995. Its circulation all but disappeared, leading to the magazine's closure in 1996. The article records this history by noting the changing content of the magazine and the role played by Scope's editors and a succession of censors. Answers are sought to the question why the magazine could not survive the press freedom it fought for. It is concluded that Scope's demise could be attributed to various factors, but it is suggested that a pending empowerment deal may well have been a decisive reason.
The Samaritan woman in John 4 as leader
03 October 2012
North West University

Mautsa, Laura Maleya;Janse van Rensburg, Johan Jacob (Fika)

This article examines how the Samaritan woman exemplifiesleadership in the account in which the Samaritan woman has anencounter with Jesus (John 4:1-42). From this encounter one canglean qualities in the Samaritan woman that make her stand out as a leader. The paper applies Kouzes & Posner’s (1995) definition and model of leadership practices as a basis of analysis. Kouzes &Posner assert that leadership is not necessarily a position;leadership is the art of mobilizing others to want to struggle for shared aspirations. The Samaritan woman in this encounter overcomes several drawbacks in order to be the model witness that she is to the townspeople of Sychar. These drawbacks include:gender, nationality, cultural convention, her low moral ground and religious bias. This analysis of the Samaritan woman’s leadership practice in the John 4 account opens discussion and seeks to answer the question: “Was the Samaritan woman a leader?”
Samson as light and Delilah as darkness: a cognitive linguistic study using metaphors
03 October 2012
North West University

Jordaan, Pierre Johan;Steyn, Zacharias Jacobus

Interpretation of ancient texts can be a very clinical procedure, with little to no regard of the individual's personal experience of the text. This also applies to interpretation of the Samson and Delilah narrative. When the text is read with experiential intent, a lot of discrepancies arise which conventional historical critical and grammatical approaches cannot explain. A new approach is therefore required to interpret the text. We propose a cognitive linguistic approach. If we consider the text using a solar metaphor, namely that Samson is the sun deity and Delilah is the deity of the night, an ancient struggle between light and darkness is exposed. The dynamic relationship between light and darkness is taken further through the use of the light-against-dark force metaphor in the interpretation process. This proves fruitful as new meaning, with fewer discrepancies, is drawn from the narrative.
Cohabitation and premarital sex amongst Christian youth in South Africa today: a missional reflection
11 October 2012
North West University

Mashau, Thinandavha Derrick

This article explored the rising trends of cohabitation and premarital sex amongst Christian and non-Christian youth in South Africa that is becoming more socially acceptable. Moving from a premise of engaging in these practices, which is not biblically justified, to what a missional Christian church can do, this article sought to bring the numbers of those who cohabit and engage in premarital sex down. The thesis of this article was that a missional church should view cohabitation and premarital sex as frontiers that need to be crossed to save the lives of our youth by minimising premarital pregnancies and the spread of sexually transmitted diseases (the Human immunodeficiency virus [HIV] and Acquired immune deficiency syndrome [AIDS] pandemic included). This will also go a long way in saving the sinking image of marriage. It is the presupposition of this article that cohabitation and premarital sex are great threats to the institution of marriage.
The enigmatic but unique nature of the Israeli legal system
23 October 2012
North West University

Platsas, A E

The Israeli legal system is unique in that it straddles the two otherwise opposing worlds of tradition and innovation. This creates an enigma for the comparatist, making the exploration of this system an onerous and challenging task. The author wishes to maintain that the system in question is highly innovative and ascribes this quality to the proactive character of the Israeli Supreme Court, whose activism has had a major impact on the character of the domestic system as a whole. While the author explores the reasons why this has been the case, one of his main concerns in this paper will be to examine the innovative character of the Israeli Supreme Court per se, in comparison with equivalent courts in other parts of the world. In addition the author will seek to establish inter alia the character of the Israeli legal system by focusing on the three different elements that co-exist in the Israeli socio-legal structure (the Jewish element vis-à-vis the Arab element; the Liberal element vis-àvis the Orthodox element within the Jewish community; and the Civilian element visà- vis the Common law element). The author wishes to posit that the amalgamation of different legal and cultural traditions in Israel created a sui generis state of affairs for the legal system as a whole. This results in an overall systemic-methodological amalgamation which does not occur elsewhere in the world. The article concludes that the enigmatic and innovative characteristics of the Israeli legal system derive from the novel way in which the legal mix has occurred in this system (as opposed to the ingredients of the elements in the mix). In this respect, Israel may have contributed much to the reinvigoration of the modern comparative law agenda, and it may continue to do so in the future, as the system is not one of legal stasis (a mixed system) but one of legal kinesis (a mixing system).
“The only chance to love this world”: Buddhist mindfulness in Mary Oliver's poetry
26 October 2012
North West University

Ullyatt, Gisela

The article examines selected poems by Mary Oliver from a Buddhist reader's perspective, with a particular focus on Buddhist mindfulness (smrti in Sanskrit and sati in Pali). Her personal style and use of various poetic devices enable the Buddhist reader to uncover mindfulness in her poetry. Since articles are, by their very nature, limited in scope, I will examine only the following three corollaries of mindfulness in Oliver's poetry: 1) Beginner's Mind (called shoshin in Zen Buddhism), 2) Mindful Awareness, and 3) Nowness which constitutes being fully present in the here-and-now. These three corollaries are by no means exhaustive. Mindfulness constitutes a broad theme within Buddhism, and different corollaries may be emphasised by the various Buddhist traditions, schools and sects. I utilise these particular corollaries of mindfulness because they are especially pertinent to her poetry. Furthermore, I will illustrate how they inform Oliver's amazement at, and love relationship with, the natural world, which constitute major topoi in Oliver's work. In addition, I will be discussing these under separate headings to aid the understanding of how each particularly functions within her poetry. However, although these are discussed in more isolation than usual, these corollaries are not mutually exclusive, but interrelated constituents of mindfulness.
Private conscience and ecclesiological certitude: the humanae vitae dilemma in Bruce Marshall's The Bishop
04 December 2012
North West University

Hale, Frederick Allen

Humanae Vitae, the encyclical of 1968 in which Pope Paul VI reconfirmed the Catholic Church's traditional stance against artificial means of contraception, engendered heated debates among moral theologians and lay people in many countries. It also disaffected many members of that confession. Some of the most revealing accounts of the discord in the United Kingdom are in imaginative literature. The present article analyses one of these works, Bruce Marshall's novel of 1970, The Bishop, contextually against the backdrop of the discord in English Catholic circles. It is argued that Marshall, himself a convert to Catholicism and a loyal if sometimes critical member of the Church of Rome, too optimistically predicted a reform of the position taken in Humanae Vitae.
Demographic and social factors influencing public opinion on prostitution: an exploratory study in Kwazulu-Natal province, South Africa
15 January 2013
North West University

Pudifin, S;Bosch, S

This paper examines countervailing South African public opinion on the subject of prostitution in South Africa, and identifies the factors which might influence these attitudes. It also investigates the complex relationship between public opinion and the law. Whilst engaging in prostitution constitutes a criminal offence under the Sexual Offences Act 23 of 1957, it is generally ignored by the police, which results in a quasi-legalised reality on the ground. In recent years there has been growing demand for the decriminalisation of prostitution, and as a result the issue is currently under consideration by the South African Law Reform Commission. The Commission released a Discussion Paper on Adult ProSstitution in May 2009, and is expected to make recommendations to parliament for legal reform in this area. An exploratory survey of 512 South Africans revealed interesting correlations between opinion on prostitution and both demographic characteristics (including gender, age, race and education level) and so-called "social" characteristics (including religiosity, belief in the importance of gender equality, the acceptance of rape myths, and a belief that prostitutes have no other options). The survey reveals two key findings in respect of the attitudes of South Africans to prostitution. Firstly, an overwhelming majority of South Africans - from all walks of life - remain strongly morally opposed to prostitution, and would not support legal reforms aimed at decriminalising or legalising prostitution. Secondly, our data confirm that these views are strongly influenced by certain demographic and 'social' variables. In particular, race, gender, religiosity, cohabitation status, and socio-economic status were found to be religiosity, cohabitation status, and socio-economic status were found to be statistically significantly related to opinions on prostitution, while other variables - particularly the belief in the importance of gender equality and the level of education - had no statistically significant relationship with tolerance of prostitution. Given that the proposed legal reforms, which will shortly be tabled before parliament, will 1necessitate the consideration of public opinion, it is imperative that studies such as the one presented in this paper be conducted to gauge the likely response which such proposed reforms might face.
The interpretation and application of article 13(b) of the Hague Convention on the Civil Aspects of International Child Abduction
28 January 2013
North West University

Robinson, Jacobus Abraham;Weideman, Jeanette

This article examines how courts in the UK, the USA and South Africa apply and interpret article 13(b) of the Hague Convention on the Civil Aspects of International Child Abduction. Courts in the UK have always adopted a very narrow interpretation and application of this defence. Even domestic violence victims who flee with their children to escape domestic violence have had difficulty invoking this defence successfully. This very narrow interpretation is due to the fact that English courts are primarily concerned with protecting and adhering to the principles of the Convention and they usually only consider the best interests of children in general. Additionally, English courts assume that imposing undertakings will sufficiently protect children from exposure to grave risk of harm. In the USA courts have moved away from the very strict application of this defence and have very fittingly applied and interpreted this defence much more widely, because courts consider the safety of the individual child to be paramount. This new direction seems to be in accordance with the modern challenges of increased domestic abuse that are faced worldwide. It seems that South African courts are similarly following a wider approach to the defence due to the fact that the best interests of a child will be of paramount importance. This approach is firmly entrenched in the South African Constitution, the Children's Act as well as the Convention. It is submitted that courts hearing a matter under the Convention should give consideration to the circumstances of each case concerning each individual child and a mechanical approach towards parental child abduction matters should be avoided, especially in instances where domestic violence is raised as the basis of the article 13(b) defence. Additionally, in certain circumstances undertakings will not sufficiently protect victims of domestic violence against harm and article 13(b) as defence should succeed in those instances.
Termination-of-pregnancy rights and foetal interests in continued existence in South Africa: the choice on termination of pregnancy act 92 of 1996
31 January 2013
North West University

Pickles, C

The aim of this article is to demonstrate that, although South Africa has permissive termination-of-pregnancy legislation, to the extent that women can terminate firstand second-trimester pregnancies on demand and for socio-economic reasons, foetal interests are in fact taken into account. The system of female reproductive rights progressively shelters foetal interests, albeit to a limited extent. South Africa is in the process of successfully balancing the conflicting notions of female reproductive rights and foetal interests. The article discusses the "right to terminate a pregnancy" with reference to the Constitution, the Choice on Termination of Pregnancy Act 92 of 1996 and relevant case law. On the topic of foetal interests, the article looks at the Choice on Termination of Pregnancy Act as legislative recognition of foetal interests since a woman's right to terminate her pregnancy is progressively limited as the pregnancy advances beyond the second trimester. The value of dignity justifies the recognition of foetal interests. Further, accepting that the Choice on Termination of Pregnancy Act limitedly protects foetal interests based on the value of dignity, the article questions why South Africa permits elective second trimester termination of pregnancies? Research indicates a need for second trimester terminations and the article discusses the position of a number of women seeking second trimester terminations. The article draws to an end by looking at the case of S v Mshumpa as an example of the balancing process that is needed when dealing with female reproductive rights and foetal interests. This article demonstrates the constitutional setting of women's termination-of-pregnancy rights on the one hand, and foetal interests on the other. Further, it illustrates that these conflicting positions, rather than being deepened, are in fact balanced by legislation and relevant case law.
A pastoral investigation of the phrase ‘go tloša Setšhila’ [traditional purification] as the last phase in the process of bereavement mourning amongst the Basothoase in the process of bereavement mourning amongst the Basotho
01 February 2013
North West University

Semenya, David Kwena;Letšosa, Rantoa Simon

This article investigates and attempts to provide answers from pastoral perspectives regarding the perception the Basotho have on the issue of traditional purification. The aim of this article is to find out why the bereaved, that have not yet been purified traditionally, are not allowed to be part of certain activities, like going to the church and also performing certain community activities. The investigation was conducted by way of qualitative research. Three different Sotho Reformed congregations were selected, namely one from the Northern-Sotho speaking congregations, one from the Setswana speaking congregations and one from the Southern-Sesotho speaking congregations. Respondents included one minister, one older man, one older woman, and two young members including a man and a woman from each congregation in order to get a broader perspective. For the sake of confidentiality the names of the congregations and participants remained anonymous. The results of the article indicate that the rights of the bereaved to perform certain duties in the community are reduced till such time that they are purified traditionally.
"An absolute pillar of strength for her husband and the struggle": Molly Fischer (1908-1964) - wife, mother and struggle activist.
04 March 2013
North West University

Haasbroek, Hannes

This article concentrates on the life and times of Molly Fischer, wife of the renowned Communist and struggle-activist Bram Fischer. Molly and Bram’s life was not only woven together by their love for each other, but also by their love of Socialism and Communism coupled with their sincere endeavours to uplift the black community. She was as fervent a Communist and activist as Bram and in these circles was applauded for the unselfish manner in which she took up the cudgels for the oppressed people in the country. Molly is probably one of the few white women in the struggle-history of South Africa who had an Afrikaans background and who made a notable contribution to this cause. Her contribution remained rather obscured to the general public when compared with that of her famous husband. Therefore, the purpose of this article is to emphasise how she played her part as a struggle-activist and how she, as her husband’s soul mate, supported him throughout his public and political life and, in the interests of their cause, never backed away from the mistrust which they were obliged to endure from their Afrikaner compatriots. Also her role as mother, and for that matter homemaker, is taken into consideration. A great deal of Molly’s everyday life centred on their son’s welfare who suffered from cystic fibrosis.
African-style mediation and Western-style divorce and family mediation: reflections for the South African context
20 May 2013
North West University

Boniface, A E

Both Western-styled mediation and African-styled mediation are practised in South Africa. Each of these models is applied in specific social contexts. In this article a brief explanation of what is meant by the term divorce and family mediation is provided. Thereafter the principles and processes of both Western-styled divorce and family mediation and African-styled group mediation are explored. Attention is given to the roles of mediators in both of these models as well as the ubuntu-styled values found in African group mediation. In Africa, there is a tradition of family neighbourhood negotiation facilitated by elders and an attitude of togetherness in the spirit of humanhood. Both of these show a commitment to the community concerned and a comprehensive view of life. In Africa conflicts are viewed as non-isolated events and are viewed in their social contexts. Not only are consequences for the disputing parties taken into account but also consequences for others in their families. These methods can be found in present-day methods, which are either used independently of imported Western structures or used alternatively to such structures. In this article the concept of mediation circles, as currently found in Western-styled mediation are also covered. Additionally, the provisions of the Children’s Act 38 of 2005 referring to mediation as well as the provisions of the Child Justice Act 75 of 2008 and family group conferencing in the realm of restorative justice in South Africa are critiqued. It is suggested that divorce and family mediation can learn from the principles of restorative justice applied during family group conferencing as well as from Africanstyled group mediation.
Battered women and the requirement of imminence in self-defence
20 May 2013
North West University

Goosen, Samantha

Should the South African courts abolish the traditional imminence standard, something must be used to stand in its place. The identification of the various alternatives which have been suggested to replace imminence - most notably the establishment of the "reasonable woman standard" as advanced in the case of S v Engelbrecht 2005 (92) SACR 41 (W) - has moved the law of self-defence into the realm of subjectivity. The end result not only undermines self-defence as a justification defence, but is also unworkable for a number of reasons. For instance, utilising expert testimony to explain how the battered woman’s syndrome affects individual perception would leave a judge with no meaningful way to determine if that abused woman’s belief in the imminence of danger was reasonable, even if viewed from her distorted perspective. It is suggested that no reference need be made to the "reasonable battered woman", since South African courts already do this to a limited extent by taking a number of factors into account in determining if the abused woman acted reasonably. By rethinking certain factors in the situation as a set of relatively innocuous normative propositions, the abused woman’s actions can be judged in accordance with standard propositions in the law of self-defence.
The inforcement of the payment of lobolo and its impact on children's rights in South Africa
23 May 2013
North West University

Ngema, Nqobizwe Mvelo

Various communities in South Africa practise the custom of lobolo (payment in kind or cash by a prospective husband or the head of his family to the head of the prospective wife’s family in consideration of a customary marriage). These communities may be divided into two groups, those practicing theleka (the withholding of a wife by her father or guardian from her husband to coerce him to pay the outstanding lobolo) and those that do not. In the communities practising theleka the amount of lobolo is not fixed and the father or guardian of the wife may from time to time theleka the wife and demand one to three head of cattle from his son-in-law. The wife and her children, if there are any, may be held by their maternal grandfather until the payment of lobolo has been met. The main issue this article examines is whether the custom of theleka impacts on the custody of children or not. It also examines the concept of the best interests of the child and finds that theleka custom in its current form does impact on the custody of the child and conflicts with the child’s best interests. The article suggests that theleka custom needs to be developed to conform to the Constitution. It also examines whether or not the custom of theleka constitutes abduction and family violence. The writer submits that it does not constitute abduction and family violence and advocates that theleka custom be allowed to continue.
The impact on women on the removal of gender as a rating variable in motor-vehicle insurance
23 May 2013
North West University

Wagener, Anthea Natalie

Insurers use actuarial statistics as rating variables to differentiate and distinguish for the purposes of risk classification. They justify their use of actuarial statistics due to its accuracy as a predictor of risk. South African motor-vehicle insurers use gender, inter alia, as a rating variable to classify risks into certain classes and to determine insurance premiums. Depending upon whether the insured is male or female, it could have a significant impact on the cost of his or her premium. Women drivers pay less for motor-vehicle insurance because actuarial statistics indicate that women are more careful drivers and are involved in 20 per cent fewer accidents than men. Men pay higher premiums because the statistics indicate that they are less responsible drivers than women. Should a South African court decide that the use of gender as a motor-vehicle insurance rating variable is unfair discrimination, this would benefit male drivers, as it would lower their premium. Women, on the other hand, would be disadvantaged as they would be required to pay higher premiums to subsidise men. The article examines the impact that the removal of gender as a rating variable in motor-vehicle insurance would have on women, and asks if the effects thereof would influence a South African Court’s decision in determining if the use of gender as a rating variable amounts to unfair discrimination. The article first considers the findings of American and Canadian Courts in determining this same issue and then considers South African equality legislation, particularly the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 (“the Equality Act”). Thereafter, the article provides recommendations for a South African Court. As the Equality Act indicates that the discriminatory insurance practice of placing a disadvantage or advantage on persons based inter alia on their gender may possibly be unfair, it is suggested that South African insurers would have to consider alternative methods of risk assessment. In the light of the American and the Canadian case law, the article suggests that there should be a change of approach to insurance risk assessment. Rather than using gender as a rating variable the insurer could assess the risk of the individual insured, using appropriate, neutral rating variables suited to the particular circumstances of the insured. This would require a much more intensive and individualised risk evaluation and would require the insurer to “tailor-make” insurance for each individual. It is submitted that such an approach would give effect to the right to equality by disallowing the use of gender as a rating variable without producing the undesirable consequence that women drivers would have to subsidise men.
Le développement humain local dans les contextes de crise permanente : l’expérience des femmes au Sahara Occidental
15 August 2013
North West University

Belloso, María López;Azkue, Irantzu Mendia

Les femmes sahraouies sont des agents actifs dans la dynamique sociale des camps de réfugiés, au sein desquels elles ont défini un certain nombre de stratégies de résolution de problèmes pour surmonter les obstacles liés à une situation humanitaire qui se détériore. Depuis le début du conflit et le déplacement forcé à Tindouf, en Algérie, les femmes sont en e%et intégralement responsables de la gestion des camps de réfugiés, et ont assumé un rôle de dirigeantes dans de nombreux secteurs de la société. Cet article souligne la contribution des femmes sahraouies au processus de développement humain local dans un contexte de refuge prolongé tel celui que connaît le Sahara Occidental. En plus d’améliorer la capacité d’accès des réfugiés aux ressources matérielles, physiques, sociales et organisationnelles ainsi qu’aux forces motivationnelles, les femmes sahraouies ont été en mesure de mettre en place leur propre processus de renforcement des capacitésII individuelle et collective dans la vie du camp.
From fund-raising to Freedom Day: the nature of women’s general activities in the Ossewa-Brandwag, 1939-1943.
03 September 2013
North West University

Blignaut, Charl

The Ossewa-Brandwag (OB) was a mass-movement that originated as a result of the euphoria created by the 1938 Centenary Celebrations of the Great Trek in South Africa. With far-reaching and very ambitious aims the OB was in essence a multi-layered organisation that had an impact on the lives of hundreds of thousands of Afrikaners. It existed for more than ten years, from 1939 to 1954. Despite the evident Afrikaner nationalist and republican ideals for which the movement stood, the OB was also swept by the tide of the ideological “zeitgeist” between the two World Wars. It was outspokenly National-Socialist, anti-British and with the outbreak of the Second World War it openly sided with Germany and was involved in several attempts to sabotage South Africa’s participation in the war. Despite these more radical aspects, the OB also had a cultural and social side in which most of its members participated – including women. Until recently the role of women in the OB has not been dealt with in “any” detailed way. Women formed a dynamic, vibrant and outspoken group in the OB that not only participated in the cultural and social aspects of the movement, but also the more violent resistance towards the government’s pro-British sentiments. This article focuses on the nature of women’s more general activities in the OB during the movement’s early years from 1939 to 1943. These “general” activities include women’s agency in the cultural, social and financial spheres of the OB as well as their indispensable role as organisers. As mainly a descriptive historical study, this article aims to introduce readers to the women of the OB, whose role in the movement has been shamefully neglected in South African historiography.
A gender-specific evaluation framework for the leadership development of women in local government
20 September 2013
North West University

Nkwana, H.M.;Van Dijk, Hilligje Gerritdina

Municipalities have put in place gender policies and frameworks to facilitate the participation and engagement of women in local government affairs. Although women have been given the opportunity for self- development through leadership development programmes, they feel marginalised when it comes to decision-making. One may ask why this is the case, given the role played by South Africa’s ratification of the multiple international conventions and declarations on women’s rights. This article argues that even though South Africa’s advancement towards gender equity is held as an example across the world, municipalities find it challenging to recognise gender as an important factor in, specifically, the evaluation of leadership development of women councillors. The argument for a gender-specific evaluation framework is presented to ensure that efforts towards gender equity cascade to leadership development evaluation. The proposed gender-specific evaluation framework considers gender at every step in the evaluation process. The evaluation framework aims at incorporating women’s experiences in evaluation in order to ensure that gender equality is achieved in all facets of life, including leadership development.
Address to commemorate the 2013 Martin Luther King day at the Law Faculty, University of Michigan
15 October 2013
North West University

Govender, Karthy

The paper commences by considering the similarity between Dr King, MK Gandhi and Nelson Mandela and argues that they are high mimetic figures who inspire us to be better. Their legacy and memory operate as a yardstick by which we can evaluate the conduct of those exercising public and private power over us. Each remains dominant in his respective society decades after passing on or leaving public life, and the paper suggests that very little societal value is had by deconstructing their lives and judging facets of their lives through the prism of latter day morality. We gain more by leaving their high mimetic status undisturbed. There is a clear link between their various struggles with King being heavily influenced by the writings and thinking of Gandhi, who commenced his career as a liberation activist in South Africa. King was instrumental in commencing the discourse on economic sanctions to force the Apartheid government to change and the Indian government had a long and committed relationship with the ANC. The second half of the paper turns to an analysis of how Dr King's legacy impacted directly and indirectly on developments in South Africa. One of the key objectives of the Civil Rights movement in the USA was to attain substantive equality and to improve the quality of life of all. The paper then turns to assessing the extent to which democratic South Africa has achieved these objectives and concludes that the picture is mixed. Important pioneering changes such as enabling gays and lesbians to marry have taught important lessons about taking rights seriously. However, despite important advancements, neither poverty nor inequality has been appreciably reduced. One of the major failures has been the inability to provide appropriate, effective and relevant education to African children in public schools. Effectively educating previously disadvantaged persons represents one of the few means at our disposal of reducing inequality and breaking the cycle of poverty. Fortunately, there is a general awareness in the country that something needs to be done about this crisis urgently. The paper notes comments by President Zuma that the level of wealth in white households is six times that of black households. The critique is that comments of this nature do not demonstrate an acknowledgment by the ANC that, after 19 years in power, they must also accept responsibility for statistics such as this.
Chaos in family law: a model for the recognition of intimate relationships in South Africa
15 October 2013
North West University

Bakker, Pieter

The chaos theory is utilised in a metaphorical manner to describe the current state of family law and more specifically law regulating intimate relationships in South Africa. A bird's eye view of the law of intimate relationships is provided to indicate that the current system of law regulating intimate relationships is in a state of chaos. Deregulation of intimate relationships and regulation by contract as well as a singular Act regulating intimate relationships are investigated as alternatives to the current system. The paper concludes that deregulation does not pose a viable alternative model to recognise intimate relationships. The ideal will be to have a singular Act regulating all intimate relationships. The conclusion and termination of these relationships should be less formal than the current system. The parties should be free to regulate the consequences of their intimate relationship by a relationship contract. Default contracts should be contained in the Act to ensure substantive equality in intimate relationships.
Micro-credit as a community development strategy: a South African case study
13 January 2014
North West University

Magezi, Vhumani;Nyuswa, Mandla;Thabethe, N.

This article critically examines the development strategy utilized in a men’s micro-credit programme that aims to tackle the vicious cycle of poverty and its impacts. The findings highlight the significance of social capital in the mobilization of skills, knowledge, and resources in one local community in the province of KwaZulu-Natal, South Africa. Evidence from the study suggests that micro-credit for microenterprise development contributes to social cohesion and greater co-operation in the community. However, the results also point to the gendered nature of the project as a paradox that requires critical analysis. It is concluded that while the micro-credit programme has succeeded in social development, achievements remain modest in terms of economic and women empowerment. Ultimately, the microcredit project presents a dilemma that development practitioners would constantly need to engage with.
Shifting sexual morality? Changing views on homosexuality in Afrikaner society during the 1960s
04 February 2014
North West University

Du Pisani, Jacobus Adriaan

A police raid on a gay party in Johannesburg in 1966 set in motion a series of events which led to a proposal in parliament that there be amendments made to the Immorality Act that would criminalise male and female homosexuality. In an attempt to block these amendments, the Homosexual Law Reform Fund was established to state the case of the middle-class gay community before the select committee that had been formed to conduct an enquiry on the proposed legislative amendments. This is seen as the beginning of the organised gay rights movement in South Africa. For Afrikaner society, the work of the parliamentary select committee was particularly significant because in 1968 it triggered a debate in the letter column of at least one Afrikaans newspaper, Die Burger. It was a historic debate. Previously homosexuality had not been a topic for public discussion in "decent" Afrikaner circles. Now the taboo was lifted for the first time. After the 1968 homosexuality debate there was freer dissemination of information about gay people and the discourse on homosexuality slowly gained momentum. This article contextualises, analyses and evaluates the 1968 debate.
Understanding gender, sexuality and HIV risk in HEIs: narratives of international post-graduate students
26 February 2014
North West University

Khau, Mathabo

Thirty years into the HIV&AIDS pandemic, the world is still striving to reduce new HIV infections and halve AIDS related deaths by 2015. However, sub-Saharan Africa still faces the burden of HIV infections as governments and private institutions try out different prevention strategies (UNAIDS 2011). Several scholars have argued that multiple concurrent sexual partnerships (MCSP) pose the greatest risk for new HIV infections. Furthermore, research has also linked MCSPs to mobility and migration. This paper draws from the project ‘Sexual identities and HIV&AIDS: an exploration of international university students’ experiences” which employed memory work, photo-voice, drawings and focus group discussions with ten (5male and 5female) Post Graduate international students at a South African university. Focussing on the data produced through memory work, I present university students’ lived-experience narratives of mobility and migration in relation to how they perceive MCSPs and HIV risk. The findings show how students construct their gendered and sexual identities in a foreign context and how these constructions intersect with their choices of sexual relationships and HIV risk. I argue from the findings that Higher Education Institutions should be treated as high risk ‘spaces of vulnerability’ and hence health support services and HIV intervention programming policies should be geared towards addressing such vulnerabilities in order to create sustainable teaching and learning environments that allow for all students to explore their full capabilities.
In search of healthy sexuality: the gap between what youth want and what teachers think they need
26 February 2014
North West University

Beyers, Christa

The fact that youth between the ages of 15 and 24 are most vulnerable to contract HIV (UNAIDS, 2011) is a clear indication that adults are failing to provide them with the necessary skills and information to make informed decisions about healthy sexuality. Adults, including teachers, have a responsibility to engage youth about sexuality, in order to challenge critical thinking with the aim of contributing towards healthy and responsible individuals. Presently, sexuality education is taught as a component of Life Orientation, and teachers are given a considerable amount of autonomy on what and how to teach. This article aims to explore the gap between what youth want from sexuality education and what teachers think they need. I pose two questions: What are the sexuality education needs of youth? What do teachers think youth need in terms of sexuality education? To answer these questions, I argue that teachers seem to have knowledge on what youth need, but do not necessarily respond to what youth require in terms of sexuality education. Using an interpretive stance, I explore potential gaps and possible opportunities in how sexuality education is taught and discuss the need for a common agreement on, or understanding for the teaching and learning of sexuality education. I conclude with direction that future research might take.
A critical assessment of the minimum age convention 138 of 1973 and the worst forms of child labour convention 182 of 1999
12 March 2014
North West University

Mavunga, Rufaro Audrey

The International Labour Organisation (the ILO) has regulated child labour through the Minimum Age Convention and the Worst Forms of Child Labour Convention. Such conventions aim at the reduction and eventual elimination of harmful labour practices. After the ratification of such conventions, many countries have adopted domestic laws prohibiting harmful labour. Despite such regulations, statistics prove that children still participate in harmful work. The main purpose of this article is to assess the ILO child labour conventions critically, so as to provide further understanding of the provisions of the text of such instruments. While the aim of the Minimum Age Convention was the progressive eradication of child labour, the Worst Forms of Child Labour Convention recognises the existence of tolerable forms of child labour, and it seeks to eliminate the worst forms of child labour.
The prosecution of incitement to genocide in South Africa
12 March 2014
North West University

Van der Merwe, Hermanus J.

The inchoate crime of direct and public incitement to commit genocide was first recognised under the Convention on the Prevention and Punishment of the Crime of Genocide (1948). The creation of the crime was a direct result of the horrific effects of acts of incitement before and during the Second World War. Today the crime is firmly established under international law and is also criminalised in many domestic legal systems. History shows that incitement to crime and violence against a specific group is a precursor to and catalyst for acts of genocide. Consequently, the goal of prevention lies at the core of the prohibition of direct and public incitement to genocide. However, it may be said that this preventative objective has thus far been undermined by a general lack of prosecutions of the crime, especially at the domestic level. This prosecutorial void is rather conspicuous in the light of the new vision of international criminal justice under which domestic legal systems (including that of South Africa) bear the primary responsibility for the enforcement of the law of the Rome Statute of the International Criminal Court (Rome Statute), which in Article 25(3)(e) includes the crime of direct and public incitement to commit genocide. This article provides a brief historical and teleological overview of the crime of direct and public incitement to commit genocide under international law, as well as the definitional elements thereof as interpreted and applied by the International Criminal Tribunal for Rwanda (ICTR). Thereafter it examines the criminalisation of incitement to genocide in contemporary South African law in order to assess South Africa’s capacity to prosecute incitement to genocide at the domestic level. In this regard there are, in theory, various 'legal avenues' for the prosecution of incitement to commit genocide in South Africa, namely: as a crime under the Riotous Assemblies Act 17 of 1956; as a crime under the Implementation of the Rome Statute of the International Criminal Court Act 27 of 2002 (the ICC Act); or as a crime under customary international law pursuant to section 232 of the Constitution of the Republic of South Africa, 1996. The article reflects critically on the viability of prosecuting incitement to genocide in terms of each of these alternatives. The article highlights a number of practical and legal problems as regards the prosecution of incitement to commit genocide under the Riotous Assemblies Act as well as under customary international law. It is argued that the prosecution of incitement to genocide in terms of the ICC Act is preferable, as this would respond directly to an international consensus as regards the unique and egregious nature of genocide by providing for a limited form of extraterritorial criminal jurisdiction. Prosecution under the ICC Act would also reflect the objectives of the Rome Statute pursuant to which South Africa has certain international legal obligations. However, it is submitted that legislative amendment of the ICC Act is needed, since the crime is not explicitly provided for thereby at present. It is submitted that the legislative amendment must provide for the distinct crime of direct and public incitement to genocide in terms of South African criminal law. Such an amendment will remove the existing legal obstacles to the domestic prosecution of incitement to genocide and enable effective prosecution thereof at the domestic level. The proposed amendment will have the effect of strengthening the alignment between South African law and the objectives of the Rome Statute and may have preventative benefits in the long run.
Beroep op die Skrif in die vorm van etiese standpunte, Deel 2: 'n etiese verstaan van die vrou in die Bybel
09 April 2014
North West University

Rheeder, Adriaan L.

In a previous article it was argued that the grammatical-historical method of Bible exposition was no longer sufficient as sole method and should be supplemented with other hermeneutical points of departure. Following the discussion of two hermeneutical points in a previous article (Rheeder), this article will discuss three other hermeneutical points of departure, namely counterculture, non-scientific scope and moral-ethical interpretation. The counter-cultural point of departure is based on the belief that authentic witness in Scripture is found in that which is different (that which deviates) from the surrounding ancient culture, while a non-scientific scope starts from the view that scientific (or empirical) knowledge in the Bible is outside the scope or intent of Scripture. The point of departure of the moral-theological interpretation is the view that a moral-theological evaluation of love should inform the choice between two conflicting but mutually acceptable interpretations. It is concluded that an ethical understanding of women in the Bible means that women should be regarded and treated as equal to men, which leads to the further conclusion that all offices in the church should be open to women.
The case of government of the Republic of Zimbabwe v Louis Karel Fick : a first step towards developing a doctrine on the status of international judgments within the domestic legal order
14 April 2014
North West University

De Wet, Erika

The Fick case which was decided by the Constitutional Court on 27 June 2013 was the first time since its inception that the Constitutional Court was confronted with the status of a binding international decision within the domestic legal order. It concerned a binding decision by the (now suspended) Southern African Development Community (SADC) Tribunal against Zimbabwe, which was also enforceable in South Africa. A key issue before the Court was whether or not the South African statutory rules of civil procedure for the enforcement of foreign judgments also covered judgments of international courts and tribunals (as anticipated by Article 32(1) of the Protocol on the SADC Tribunal). As none of the relevant statutory legislation was applicable in this instance, the common law remained the only possible avenue through which the SADC Tribunal’s decision could be enforced in South Africa. At the time of the decision, the common law on the enforcement of civil judgments had developed only to a point where it provided for the execution of judgments made by domestic courts of a foreign state (ie decisions of other national courts). The Court was therefore confronted with whether or not an international decision in the form of a cost order of the SADC Tribunal amounted to a “foreign judgment” as recognized by the South African common law. The Court answered this question in the affirmative by relying on those clauses in the Constitution that committed South Africa to the rule of law, as well as its obligations under international law, and to an international-law friendly interpretation of domestic law. Although the decision is to be welcomed and applied the law correctly to the facts of the case, it does raise the issue of the wisdom of equating international judgments with foreign judgments on a more general scale. This relates to the fact that it is generally accepted in most jurisdictions that the recognition and enforcement of a “foreign judgment” can be denied where it would result in a violation of domestic public policy. The public policy exception does not, however, fit well in a regime based on public international law, which does not permit States to use their domestic law as an excuse for not implementing their international obligations.
Handling a crisis via a combination of human initiative and godly direction: insights from the Book of Ruth
19 May 2014
North West University

Branch, Robin Gallaher

The biblical text introduces Ruth, a Moabite woman, at a time of personal crisis. She faces destitution. Life has handed her multiple blows, amongst them widowhood and childlessness. Her single asset? Naomi, a cranky, elderly but endearing mother-in-law. Naomi, an Israelite and also widowed, is now quite determined to go home to Bethlehem. Ruth joins Naomi’s journey, but for Ruth it is a pilgrimage, for it is at this time that she switches allegiance from the gods of Moab to the God of Israel. As an immigrant facing change on every level – a new culture, a new religion, no friends and no job – Ruth nonetheless triumphs. Within only a couple of months, not only does she marry a prominent and prosperous bachelor, Boaz, but also wins the hearts of her mother-in-law’s friends, the women of Bethlehem. This analysis of her successful pilgrimage offers contemporary guidelines for facing dramatic changes. Using literary method, this article examines one of the Bible’s accounts of how a personal crisis is resolved via a combination of God’s providence and human initiative and courage.
Die huwelikspatrone van Europese setlaars aan die Kaap, 1652-1910.
28 July 2014
North West University

Fourie, Johan;Cilliers, Jeanne

The Cape Colony at the southernmost tip of Africa, founded in 1652 with the arrival of European sailors and soldiers under the auspices of the Dutch East India Company, provides, we believe, an excellent opportunity to investigate the persistence of “European” demographic characteristics outside of North-Western Europe, given that it’s social and cultural institions originate from this region. In addition, the Cape has perhaps one of the most well documented settler populations in the world, and the wealth of quantitative archival evidence available allows for new demographic research at a micro level. This study makes use of one such quantitative source: the newly-digitised South African Genealogical Registers, a detailed account of all European settler families at the Cape, to provide new estimates of settler marriage patterns from European settlement to unification in 1910. Why is an understanding of marriage patterns important? A recent literature has emphasised the role of women’s agency in Europe as a key determinant of the rise of a market society and, ultimately, the Industrial Revolution (Diebolt and Perrin 2013; Voigtländer and Voth 2013). Women’s agency arose as a result of an increase in the age at which women married during the earlymodern era in Europe, also known as the European marriage pattern (EMP), which was, according to De Moor and Van Zanden (2010), caused by three related factors: 1) consensus in the marriage decision, 2) the Roman-Dutch inheritance laws which ensured that women were given an equal share in the estate of their deceased husbands, and 3) the rise of an active labour market which gave women between the ages of 12 and 25 the opportunity to earn wage income. These three factors, claim De Moor and Van Zanden (2010), explain a divide within Europe along an imaginary line, first observed by John Hajnal and therefore also known as the Hajnal line, running from St Petersburg in Russia to Trieste in Italy; those regions west of the line exhibited characteristics of the EMP, those east of the line did not. The consequences of a higher age of marriage was that the period during which women were fertile within the marriage shortened, resulting in lower fertility rates. A higher age of marriage also meant that both men and women gained additional time to earn an income and improve their skills before marriage. This rise in human capital, argue De Moor and Van Zanden (2010), was a key building block of the rise of a market society and, later, the eighteenth-century Industrial Revolution. The aim of this article, then, is to provide a series of eighteenth- and nineteenth century marriage pattern estimates for the Cape Colony that allow us to view Cape development in a comparative perspective and, perhaps more tentatively, test whether the same factors that De Moor and Van Zanden (2010) propose, are also true at the Cape. From both quantitative and qualitative sources we find no evidence that a European Marriage Pattern developed at the Cape, even though both consensus in marriage and inheritance laws were present. However, more quantitative evidence is necessary to confirm or refute the De Moor and Van Zanden (2010) hypothesis.
Determining the factors that influence female unemployment in a South African township
08 October 2014
North West University

Viljoen, Diana Joan;Dunga, Steven Henry

This paper analyses the factors that determine female unemployment in Bophelong Township. Factors such as level of education, household size, age, marital status, social grants received and poverty status are used to determine their influence on the employment status of the households of Bophelong Township. A logistic regression model was employed to analyse the possible determinants of female unemployment. The results of the regression indicate that, of the determinants, household size, age, marital status, access to social grants and poverty status were found to be significant determinants of whether one is employed or not.
The implementation of gender equality policies in achieving millennium development goal three in the Sedibeng District Municipality
28 October 2014
North West University

Govender, S.D.;Vyas-Doorgapersad, S.

Globally, the achievement of Millennium Development goal 3 is slow, as is evidenced by surveys conducted by some of the reputable international organisations, such as the Global Employment Trends, (2009) and the Global Employment Trends for Women, (2009) (both conducted by the International Labour Organisation), the Mastercard Worldwide Index on Women's Advancement, (2009), and the Organisation for Economic Co-operation and Development, (2011). The surveys explore the reality that gender equality in the labour market is still low and remain unchanged due to the fact that women are not receiving the required employment opportunities, are under-represented in the working place and are not considered for strategic portfolios. The outcomes of these surveys are supported by academic such scholars, as Meintjies (2005); Parker (2009); Tsuari (2010); Penceliah (2011); Zukang (2012); and KiMoon (2012) whose studies emphasise the discrimination of women in the labour market. The paper aims to focus on the Millennium Development Goal 3 due to the fact that gender equality and the empowerment of women is at the heart of this initiative, as stated in the Millennium Development Goals Report of 2010, in which it is reported that this objective is not yet fully realised. There is a need to investigate the essence of gender equality (in favour of the female aspect of gender) demanding appropriate recognition and opportunities for empowerment in a country-specific milieu. The previous researches conducted by Mathye (2002); Tsuari (2010); Penceliah (2011); Sithole et al. (2012) explore the findings emphasising that the municipal employment practices are not done in favour of women in the society as there are still some municipalities that do not invest in offering training programmes for gender balancing their working environment; while and the professional and managerial roles are not extended to women. The paper examines the role South Africa is playing in achieving the Millennium Declaration, by focusing on Goal 3 that encourages gender equality and women empowerment. The paper assesses the level of beneficiation at the Sedibeng District Municipality as its focus area.
Rethinking domestic water resource management: a shift from gender–biased to gender–based approach
19 November 2014
North West University

Vyas-Doorgapersad, S.

Historically, socially and economically, women in many societies have been given the onerous responsibility of travelling long distances, often in unfavourable weather conditions, to carry home containers of water on their heads for drinking and domestic purposes. Women are over-represented in performing these tasks but are under-represented in offering a significant contribution in water management at decision-making levels. This article aims to explore and analyse the definitive transferral of gender responsibility from ‘carrying’ water to ‘carrying responsibility’ for water. The article [qualitative] builds on a literature review, policy regulations and case-studies that reflect transformational reallocation of set tasks and explores the way forward to utilise water as a means of enhancing gender empowerment. The article recommends the use of gender disaggregated data and a close consideration of gender-based and gender-sensitive approaches in defining water policies. Importantly, scope is also left for further investigation of strategies and policies which promote gender empowerment in and through water programmes. The article emphasises the roles of women in water resource management in South Africa as a case study.
Married to the Struggle: For better or worse Wives of Indian anti-apartheid activists in Natal: The untold narratives.
11 December 2014
North West University

Hiralal, Kalpana

The role and contributions of women in war, and anti-colonial and nationalistic struggles have become the subject of intense research and analysis over the past two decades. In South Africa, the nationalistic struggle against the apartheid regime was a collective effort by men and women. Yet, to a very large extent, anti-apartheid discourses are male centred, focusing on well-known heroes of the struggle, their life in exile and their contributions. Women’s activism is still at the periphery of nationalistic discourses; the impact of the struggle on the wives of political activists is even less visible. This article examines the daily survival and experiences of the wives of political activists in the anti-apartheid struggle who resided in Natal between the 1950s and 1980s, at the height of the anti-apartheid movement. Wives bore the heaviest burdens of the struggle, in the context of social ostracism, depression, stigmatisation, financial hardships, and violations of their human rights and coping with an “absentee husband”. In this article I argue that the perennial absence of their spouses from the home and women’s lives had multiple effects on families, and that family dynamics and gender relations were negotiated and re-structured. Regional socio-economic and political conditions shaped women’s personal and political identities. New theoretical frameworks emerging from this article will add to the regional histories of the nationalistic movement in South Africa in the context of gender roles and family dynamics.
Muslim women’s identities in South Africa: A Zanzibari perspective in KwaZulu-Natal.
11 December 2014
North West University

Vahed, Goolam

This article examines how Zanzibari women in KwaZulu-Natal are negotiating their identities within the context of local and global realities. In South Africa, while the post-apartheid period gave birth to non-racial democracy, South Africa is haunted by high unemployment, widespread poverty and poor service delivery. Globally, this period has witnessed increased conflict since the 9/11 attacks on the Twin Towers in New York and the subsequent War on Terror which has led some to suggest that the irreconcilable fault lines of religion and culture have ushered in a clash of civilisations. This article examines the identities of Zanzibari women in the context of these rapidly changing local, national and international conditions. It also speaks to the local context of apartheid race engineering as the Zanzibari experience underscores the contingent nature of race as a category of identity. The article argues that while religion is important in the lives of the women, their identities are shaped by the complex interplay between religion, politics, class, race, language, community, and geography. An analysis based solely on religious laws and “race” deflects from a nuanced one that takes into account social and economic conditions when it comes to historicising identity
A history of the practice of ukuthwala in the Natal/ KwaZulu-Natal region up to 1994.
11 December 2014
North West University

Nkosi, Makho;Wassermann, Johan

The practice of ukuthwala has of late regularly been in the news. This has spawned debates between traditionalists and modernists on various aspects related to the practice. In this article we have tracked the reported history of ukuthwala in the Natal/Kwazulu-Natal, region up to the end of White rule in 1994. The purpose of the article was to understand the historical unfolding of the practice up to the arrival of black majority rule. The concepts of ukuthwala intombi and ukuthwala ngenkani as polar opposites in the practice were used as the conceptual framework for this study. The evidence for this study comprised of both archival evidence and secondary literature. This was read against the grain to gain an understanding of not only how the practice evolved but also on how it was reported. It was found that ukuthwala only appeared in the archives when equated to abduction while the predominantly White authored secondary sources presented it, for the most part, as violent free procedures in the lead-up to marriage. The reality is that ukuthwala up to 1994 were not done in a single one-dimensional manner but were, like any other cultural custom, not practiced in one agreed upon manner. This forms the root of the post-1995 legal debates related to the practice.
The American Indian Civil Rights Movement: A case study in Civil Society Protest.
08 January 2015
North West University

Garcia, Kevin A

The Curriculum and Assessment Policy Statement (CAPS) of 2012 focuses on certain aspects of the social upheaval the US experienced during the 1960s and 1970s. Under the heading of “Civil society protests of the 1950s to the 1970s”, grade 12 learners examine the American Civil Rights and Black Power movements, the Women’s movement, and the various peace movements, of that period. However, most South African educators and students are unfamiliar with another, similar movement of the same time period, the American Indian people’s movement for civil rights. Some familiarity with this movement and its historical background may offer the classroom teacher an opportunity for the enrichment of historical study and learning. Knowledge of this movement can provide a broader context for the topics specified by CAPS. The history of the Native American peoples is often neglected in the study of US history. Just as the history of the African people of South Africa has become central to a complete understanding of the development of this country, so a renaissance in the study of American Indian history has become important in history teaching and learning in the United States. In particular American race relations issues are better understood in a context of black-white- Indian issues than in terms of a simple black-white bi-polarity. Furthermore, such awareness introduces the possibility for conducting comparative historical analysis in the South African classroom. This paper first establishes the historical background of 19th century white-Indian relations. This was a period of intermittent warfare, followed by treaty-making and the confinement of Indian people to reservations. From the 1880s onward, these reservations were all but destroyed by new government policy through the Dawes Act. The 20th century was a period of changed and changing government policy toward the Indian population. The Indian Reorganization Act of 1934 partially revived Indian tribal life. However, after the Second World War, further damage to tribal life was caused by the policy of the termination of relations between the government and the tribes. This led to the growing militancy of Indian response, in the 1960s and 1970s. The American Indian Movement (AIM) and other Indian organisations confronted the state and Federal governments, in Indian country and beyond, on reservations and in the US Supreme Court. These confrontations (from the late 1950s to the early 1970s) precisely coincide with the time period specified in CAPS. By the end of this period, the American public image of the Indian peoples had begun to change and a general awareness of Indian problems and issues began to express itself.
The problematic practical application of Section 1(6) and 1(7) of the Intestate Succession Act under a new dispensation
21 January 2015
North West University

Jamneck, Juanita

In recent years many developments have taken place in the field of the law of succession. Du Toit aptly states that "despite the static image that the law of succession often projects, it is a vibrant area of the law that has undergone dramatic changes in recent times and will continue to do so in future". This is indeed the case, as has been illustrated numerous times by the decisions in our courts as to the meaning of the word "spouse" and the recognition of the family as an important social institution. Although the family as an institution is not per se protected in the Constitution, our courts have recognised it as a vital social institution that comes in many different shapes and sizes and it has stressed that one form of family cannot be entrenched at the expense of other forms. As a result of various decisions on the meaning of the word "spouse" under a new dispensation, a Discussion Paper, in the form of Discussion Paper 129 (Project 25) Statutory law revision: Legislation administered by the Department of Justice and Constitutional Development (2011), has seen the light in order to suggest amendments to certain legislative provisions. Unfortunately certain issues covered in this Discussion Paper have not been clearly set out and need further investigation.
Legislative prohibitions on wearing a headscarf: are they justified?
22 January 2015
North West University

Osman, Fatima

A headscarf, a simple piece of cloth that covers the head, is a controversial garment that carries various connotations and meanings. While it may be accepted as just another item of clothing when worn by non-Muslim women, it is often the subject of much controversy when worn by Muslim women. In recent years the headscarf has been described as a symbol of Islam's oppression of women and simultaneously of terrorism. As the debate regarding the acceptability of the headscarf in the modern world continues, an increasing number of states have legislated to ban the wearing of the headscarf. This article critically examines the reasons underlying these bans and argues that these prohibitions are not justified. It does this by first analysing the place of the headscarf in Islam, its religious basis and its significance to Muslim women. It argues that the headscarf is more than just a mere religious symbol and that Muslim women wear the headscarf as a matter of religious obligation. The headscarf is considered to be an important religious practice protected by the right to freedom of religion. Thereafter the article examines legislative bans on the headscarf in France, Turkey and Switzerland in order to identify the most popular justifications advanced by states and courts for banning the headscarf. It critically evaluates the justifications for protecting secularism, preventing coercion, promoting equality and curbing religious extremism, and disputes that the reasons put forward by states and accepted by courts justify banning the headscarf. It thereafter explores how South African courts would respond to a headscarf ban and argues that schools and employers should accommodate the headscarf. While Muslim women may not have an absolute right to wear the headscarf, there has thus far been no justifiable reason for banning the headscarf.
Sailing between Scylla and Charybdis: Mayelane v Ngwenyama
22 January 2015
North West University

Kruuse, Helen;Sloth-Nielsen, Julia

Mayelane v Ngwenyama 2013 4 SA 415 (CC) is arguably the most important judgment concerning the recognition of customary marriages in recent times. This article attempts to unpack some of the many issues that arise from the case, namely: (a) the practical difficulties associated with ascertaining living customary law and the problems of identifying legal versus social norms; (b) the meaning of consent as a requirement of a customary marriage; (c) the implications of the case for equality between multiple wives in a customary marriage, and as between wives across customary marriages of different cultural traditions; and (e) the implications of the case for equality considerations more broadly. While the authors sympathise with the court in respect of the complex decision before it, it questions the Court's method and result, specifically for the equality rights of a second (or further) "wife" in a Vatsonga customary marriage. The authors suggest that the issues should be put to democratic deliberation by the legislative arm, rather than leaving courts in the unenviable position of having to decide these matters.
Barriers to advocacy and litigation in the equality courts for persons with disabilities
04 February 2015
North West University

Holness, Willene;Rule, Sarah

The effective implementation of the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 (PEPUDA) and the fulfilment of the South African state's obligations in terms of the Convention on the Rights of Persons with Disabilities (CRPD) are dependent on two fundamental tools, advocacy and litigation. This article discusses the outcome of three cases in the Equality Courts and how these cases promote accessibility and access to justice for persons with disabilities. The authors then consider the impact of CREATE, a KwaZulu-Natal NGO's advocacy initiatives to promote the rights of persons with disabilities and the utilisation of the Equality Court to realise those rights. Participants of ten workshops in KwaZulu-Natal identified three barriers to access to justice in accessing the Equality Courts. Firstly, some Equality Courts are geographically (and financially) inaccessible. Secondly, the negative and insensitive attitudes of front-line workers impact on the ability of persons with disabilities to bring equality claims to and access the services of the Equality Court. These barriers constitute discrimination and flout articles 9 and 13 of the CRPD, which require the provision of support for persons with disabilities to access the justice system and the promotion of accessibility to the physical environment, and the provision to them of transportation, information and other services. Thirdly, cultural norms and fears impede access to courts and the agency of persons with disabilities to bring these claims, for example the requirement that traditional leaders provide "permission" to persons with disabilities to sue and a similar requirement of permission from the in-laws of women with disabilities. The article analyses the three barriers identified as inhibiting advocacy and litigation, and explains the implication of these barriers for the state's obligations in terms of articles 5, 8, 9, 12 and 13 of the CRPD. Recommendations are made on overcoming these barriers.
Rectification and party misdescription: to what extent is rectification competent or useful?
05 February 2015
North West University

Sharrock, Robert

The decision in Osborne v West Dunes Properties 176 2013 6 SA 105 (WCC) raises some interesting issues regarding the competence or usefulness of rectifying an incorrect party description in a contract required by law to be in writing and signed. This case note explains and critically analyses the court's reasoning on these issues and suggests that courts should bear in mind certain important principles when dealing with a problem of this nature.
An unlikely union. Exploring the possibilities of Afrikaner and black women’s organisations cooperating in the Women’s National Coalition, 1991-1994.
17 February 2015
North West University

Maritz, Loraine

Die Women’s National Coalition (WNC) is in 1992 gestig om gelykberegtiging vir vroue in demokratiese Suid-Afrika te verseker. Inligting oor vroue se behoeftes en aspirasies sou ingesamel word en in ‘n Vrouehandves saamgevat word wat uiteindelik deel van die nuwe grondwet sou word. Op hierdie wyse sou vroueregte grondwetlik beskerm word. Die WNC was ‘n African National Congress Women’s League inisiatief. Vroueorganisasies dwarsoor die land is uitgenooi om die politieke arena te betree. Die gevolg was dat ongeveer 100 organisasies by die WNC aangesluit het, van hulle was ongeveer dertien Afrikanervroueorganisasies. Die grootste groepering was Afrikanervroue-kultuurorganisasies. Die verteenwoordigers van die Afrikanerkultuurorganisasies het moeilik by die WNC aangepas. Daar was talle praktiese probleme, maar dit was veral haar gebrek aan politieke vernuf, en die vyandigheid van swart vroue wat die vergaderings van die WNC domineer het, wat haar betrokkenheid in die wiele gery het. Die gedagte het ook by feitlik al die Afrikanervroue ontstaan dat die WNC ‘n politieke rookskerm was vir die ANC om sy magsbasis te versterk. Hierdie artikel ondersoek die moontlikheid of daar wel samewerking tussen Afrikanervroue en swartvroue in die WNC kon wees. Moontlike raakpunte, soos moederskap, patriargie, godsdiens, feminisme, susterskap, ens. word ondersoek. Die slotsom is dat daar nie werklike raakpunte tussen Afrikanervroue en swartvroue in die WNC was nie.
The world view of Khaketla's novel mosadi a nkhola
18 March 2015
North West University

Seema, Johannes

Khaketla emphasises the essential and inner qualities of the medium of his novel Mosadi a nkhola (‘The wife brought calamity upon me’) as based on his convictions of the supremacy of art over all other means of expression or knowledge. The novel is about Chief Lekaota who realised that there was an imminent clash in outlook between traditional chieftaincy and Western ways. He sends his son, Mosito, to school to ensure enlightened leadership for his people after his own death. After his death, his matriculated son takes over and he is advised by his former schoolmates, Pokane and Khosi. Khati, Sebotsa and Maime claim to be Chief Lekaota's former advisors. Mosito is married to the unenlightened and superstitious Sebolelo, whom he chose for his wife, against his friends’ advice. The main concern of the researcher in this article is to explore the possible reasons for Mosito's downfall.
The realities people live by: a critical reflection on the value of Wolfgang Iser's concept of repertoire for reading the story of Susanna in the Septuagint
04 June 2015
North West University

Nolte, S. Philip

The article investigates the value of Wolfgang Iser’s concept of repertoire for reading the apocryphal story of Susanna. The viewpoint is that fictional literature such as the Susanna narrative and reality are not opposites of each other, but that fictional texts tell us something about reality. The investigation will also include Peter L. Berger’s theory on how religion contributes to construct social reality. The study will show that religious texts construct the reality(ies) in which people interact and try to make sense of everyday existence. Two stories contemporary to the writer of the article are employed to show that in a certain sense male perceptions about women have not changed much over two millennia. The critical engagement with the narrative will also ask how Susanna’s story can be interpreted in a responsible and ethical way that is conducive for the constructive development and transformation of individuals and communities.
Thematic irony in the story of Susanna
04 June 2015
North West University

Kanonge, Dichk M.

It is commonly held that irony features significantly in Susanna. This seemingly plausible hypothesis, however, has not yet been supported by compelling evidence resulting from a systematic analysis of Susanna. This study attempts to fill this gap by investigating the main ironic expressions, words and incidents featuring in Susanna. The approach followed consists of uncovering expressions of irony embedded in the story by paying attention to ironic use of metaphor, ironic use of wordplay, ironic use of rhetorical questions, ironic understatements (e.g. litotes), ironic exaggeration (e.g. hyperbole), ironic use of social conventions and traditions and ironic attribution. It is the contention of this study that Susanna is a thematically ironic story. The use of reversed social conventions is the most powerful and the most abundant expression of irony in the story. This dominant derisive technique is possibly aimed at addressing the irrelevance as well as the abuse of Jewish social conventions in the Second Temple period.
A flame of sacred love: mission involvement of women in the 19th century
22 June 2015
North West University

Kommers, Johan

In the 19th century, women missionaries found acceptance in the public domain and opportunities for achievement that they were denied at home. Whilst they spearheaded movements for Christianising and modernising Asian (the focus of this article) and African societies through the evangelisation, education and physical care of women, many questions were raised about their motives and the way they executed their work. We need to rediscover the sacrificial dedication women had that made the 19th century the greatest century of Christian expansion. These were remarkable women who left everything behind − many of them leaving a permanent impression upon the people in whose cities they eventually resided − and who stand as examples to the present generation. Having lost most of the things the world prizes, they gained one thing they esteemed so highly. For them, the relative value of things temporal might go, provided that they could forever settle the eternal values. They lived out the words of Paul: ‘I press on toward the goal for the prize of the upward call of God in Christ Jesus’ (Phlp 3:14).
Astonishment and joy: Luke 1 as told from the perspective of Elizabeth
22 June 2015
North West University

Branch, Robin Gallaher

This article, a dramatic, scholarly monologue, examines the events that Luke 1 recounts, retelling them from the viewpoint of Elizabeth, the elderly wife of Zechariah, a priest. It uses a literary method and presents the monologue as an eyewitness account.1 Luke 1 frames its central events from a female and gynocentric perspective.2 As a participant in the infancy narrative in Luke 1, Elizabeth should figure predominantly in scholarly articles and sermons. Surprisingly, she does not. Instead, scholarly, lectionary and congregational attention focuses primarily on Zechariah and Mary, two of the other speaking characters. Consequently, this article seeks to showcase, honour, and analyse Elizabeth, an overlooked yet pivotal character in Luke’s gospel. Via a dramatic monologue, it lets her speak about the astonishing recent events in her life and thereby invites readers and hearers to share her joy, surely a singular theme in Luke’s gospel
Cohabitation and Christian faith
22 June 2015
North West University

Möller, Francois P.

The habit of cohabitation is an increasing phenomenon in our society. It is usually seen as a trial marriage to test the compatibility of the partners involved. Although it has become socially acceptable, it contradicts the most fundamental doctrines of the Christian faith. The question is therefore whether cohabitation could indeed be accepted as a trial marriage or even a marriage that differs in name only. Unfortunately most Christians find it difficult to give an answer to this question because they are not properly informed of the biblical view in this regard. Biblical direction is therefore important. This is done from a dogmatic-ethical perspective. The emphasis is not on counselling or the exegesis of certain scriptures as such, but on relevant biblical principles concerning this topic. This does not mean that scriptural passages could be ignored. It stands to reason that biblical principles should be derived from specific Scriptures, and the aim is to deal with these Scriptures in a responsible way. This means, inter alia, that context and historical background are important. In doing so, these principles will not only be identified as guidelines in dealing with the habit of cohabitation, but also as principles that make sense in applying them. This was done by identifying some of the problems involved in cohabitation, followed by a biblical perspective of that which constitutes marriage over against cohabitation.
Domestic Partners and "The Choice Argument": Quo Vadis?
24 June 2015
North West University

Bester, B Coetzee;Louw, Anne

In the absence of formal legal recognition, domestic partners are required to regulate the consequences of their relationship by utilising alternative regulatory measures and remedies which are, for the most part, inadequate. The traditional justification used to differentiate between domestic partners and spouses is known by some as the choice argument. The choice argument is based on the rationale that persons who choose not to marry cannot claim spousal benefits. It understands choice narrowly as it takes into account only an objective legal impediment to marriage. As such, it has been the driving force behind the non-recognition of heterosexual domestic partnerships. Same-sex domestic partnerships, on the other hand, have until recently been recognised under the choice argument on an ad hoc basis, as there existed an objective legal impediment to their marriage, namely their sexual orientation. According to the majority of legal commentators the enactment of the Civil Union Act 17 of 2006 removed the objective legal impediment against same-sex marriage. They therefore argue that the choice argument should now be applied to both heterosexual and same-sex domestic partners equally. However, the Constitutional Court has expressed some doubt as to the correctness of this assumption. Taking into consideration the choice argument's narrow understanding of choice, together with the possible unfair discrimination caused by its application, an alternative theoretical basis for the future recognition and regulation of domestic partnerships had to be found. Three possible solutions were investigated, namely the model of contextualised choice, the function-over-form approach, and finally the Smith model. Because of the invasive effect of the latter two approaches, this study advocates for the adoption of the model of contextualised choice. If adopted it would mean that the subjective considerations of domestic partners will be taken into account and they will be afforded with a minimum degree of protection based on need. After having accepted this approach the study had to determine to what extent proposed legislation adopts a contextualised approach to choice. Accordingly, it had to be determined whether proposed legislation provides domestic partners with need-based claims while still upholding the established differences between domestic partnerships and formalised relationships. It was ultimately concluded that the proposed legislation would have the effect of blurring the differences insofar as registered domestic partnerships were concerned, the reason being that such a partnership comes into existence through a public expression of the partners' commitment and, as such, does not really fall within the ambit of the definition of a domestic partnership in the narrow sense of the word. With regard to unregistered domestic partners, it was concluded that the proposed legislation went too far in protecting unregistered partners' proprietary rights (even if only on an ex post facto basis) as these claims were not based on need. It was therefore recommended that the proposed legislation be redrafted. If not redrafted the proposed legislation would have the effect not only of infringing on the autonomy of one or both of the partners but also of creating a regulatory system which does not fully appreciate the differences between marriage and domestic partnerships.
The ministry of hope at grassroots level in a post-apartheid South Africa
30 June 2015
North West University

Du Plessis, Amanda L.

In this article the the ministry of hope to women without hope are investigated in the South African context of hope and reconciliation. Since apartheid ended 19 years ago, a democratic policy has been followed. The Truth and Reconciliation Commission was assigned the task to lead the population of South Africa to hope and reconciliation. The question may truly be asked whether the current picture could be that of a healed country. On the one hand, a large part of the population demonstrates a negative attitude regarding future expectations of South Africa; on the other hand, there are people at grassroots level who strive daily to bring about reconciliation in society by trying to make life easier for others. Utilising the available resources, which are minimal, the women called Mamas Africa are examples of people who serve the hopeless with hope every day. The central theoretical argument is that the Mamas Africa phenomenon has the potential of bringing hope, should it branch out widely. The concept of Mamas Africa refers to women from all races who promote mutual commitment based on their faith, and also make a difference in the South African society. In this article, an empirical investigation was made into the motivation behind the Mamas Africa phenomenon in the first place. Secondly, a normative investigation was conducted into the theology of hope from the perspective of reformed theology; and finally, pragmatic guidelines have been provided for the ministry of hope to the hopeless in the South African society.
The office of prophets as an emergency measure
01 July 2015
North West University

De Bruyn, Joseph J.

Initially there was not supposed to be a prophetic office in Israel. ‘Prophetism’ was considered to be part of work that the priests performed. Thus, the priests were seen to be acting as prophets. Generally speaking, the prophets of the Old Testament are described as people who preached the Word of God. In the same way, priests are generally described as people who fulfilled functions at the temple and whose task it was to sacrifice on behalf of the Israelites. This article, however, argues that Yahweh intended much more through the establishment and ministry of the priests than merely administer sacrifices. It is the contention that Yahweh ordained the office of priests to preach the Word of God or to give advice in accordance with the will of Yahweh as it is documented in the Torah. The article’s contribution to the subject of prophetism in Israel will begin by studying the chronological history of Israel as it is described in the Hebrew Bible. The terms prophet, prophecy and prophetism will also be examined as they are used in the Hebrew Bible. By doing so, the article will show that it was only when the priests failed in their prophetic calling or when Yahweh wanted to change the cult or political establishment that He called people from outside of the established cult to fulfil the role of prophet. Yahweh used the prophetic office in times of need. One may call it an emergency measure – in times when the priests failed in their calling.
A study of the woman in the crowd and her desperate courage (Mark 5:21 43)
01 July 2015
North West University

Branch, Robin Gallaher

This article examines the cameo appearance of an unnamed woman in the gospel of Mark, a member of a crowd following Jesus (Mk 5:24b–34). Chronically ill and probably dying, she thinks she is inconspicuous. The text identifies her in terms of her gender, illness, covenant status, prolonged suffering and penury. Yet, a careful reading reveals her stealth, desperation, courage and eloquence − all elements of character and, it turns out, of a faith focused on Jesus. Combining both literary and canonical insights, this article shows how the story of the anonymous woman, set within the larger context of the healing of Jairus’ daughter, sheds light on the developing concepts of faith, fear, purity, discipleship, confession and family matters in Mark. The woman’s interaction with Jesus adds depth to Mark’s portrait of him and contributes to the ongoing revelation in Mark that Jesus is indeed the Son of God (Mk 1:1).
When Mary tells Joseph: a play based on Matthew 1:18 19
02 July 2015
North West University

Branch, Robin Gallaher

This play looks at a summary in Matthew 1:18−19.1 The summary discloses that Joseph learns of Mary’s pregnancy and chooses to divorce her. The play, based on this summary, investigates how he may have learned of her pregnancy, that is, from Mary herself.2 The play combines scholarship and the standard literary features of a drama-character, conflict, plot, setting, point of view, tone and dialogue.3 It includes material from Luke 1, Deuteronomy 22:21–29 and Numbers 30:6–8. The play encourages and engages the imagination of the cast and the audience.
Awareness campaigns as survival tools in the fight against gender-based violence in peri-urban communities of Bulawayo in Zimbabwe
24 July 2015
North West University

Damba, Glory;Lunga, Wilfred;Musarurwa, Charles

Most of Zimbabwe’s urban settlements owe their existence to mining activities; hence most peri-urban communities around Bulawayo, Zimbabwe’s second largest city, are mining communities. However, research in these mining communities has shown that there is little focus on the strengthening of community dynamics that help members to cope with the challenges associated with Gender-Based Violence. Psychosocial support rarely arrives in time to effectively cover gaps left by traditional coping strategies. This paper presents and discusses experiences and insights accumulated from awareness campaigns meant to sensitise people about the nature and scope of gender-based violence. This article is a culmination of focus group discussions, informal interviews and participant observation as efforts were made towards capacity building for community members’ abilities to identify forms of risky behaviour associated with gender-based violence, and the appropriate actions members could take should they find themselves in such situations. In short, this article discusses the conceptualisation of domestic and gender violence as a risk, forms of gender-based violence, the rationale behind campaigns to reduce the internalisation of gender-based violence, and challenges faced in inculcating behaviour change efforts.
Reaksie op die herontplooiing van Premier Mosiuoa Lekota en die ondemokratiese wyse van aanstelling van Dr. Ivy Matsepe-Casaburri as sy opvolger: Deel 2: Die ondemokratiese wyse van verkiesing van Dr. Matsepe-Casaburri
28 July 2015
North West University

Moll, Johannes Cornelis

In the first part of this article a factual historical analysis is given of the redeployment of the Free State Premier, Patrick Lekota, as a result of the unresolvable faction fights within the ANC, the continuing protest against his transfer and the ongoing “obscurity concerning the objectives of the national leadership” in solving the political debacle. In the second part the background of his successor, Matsepe-Casaburri, is analysed, as well as the undemocratic way in which she was forced into the politics of the Free State, the litigation in respect of Lekota’s removal, the commencement of the Casaburri era and how the serious political fiasco contributed to the consideration of the desirability of the fact that the premiership and leadership of the party should be seated in the same person. The undemocratic conduct of the national leaders of the ANC was a foreshadowing of the increasing trend to subordinate the Constitution and the existing provisions concerning the way in which premiers in the provinces is appointed to what the leaders of the ANC have previously aimed at and decided upon. This article is a critical, historical reconstruction of the role of the national leadership of the ANC and the reaction of the Free State community. The white-centric nature of the reporting, especially of the only newspaper in the Free State which followed the political drama closely and documented it, is supplemented as far as possible by perspectives from other, more liberal, ANC media outside the province who are well-disposed towards the party. If communication is about, among other things, shared meaning by individuals, groups or organisations by openly sharing facts and norms by means of the written and the spoken word, this analysis provides a view on how shared meaning was not reached and optimum communication was by far not pursued or achieved.
Subversion versus inversion: the loss of the carnivalesque in Janet Suzman’s The Free State
24 August 2015
North West University

Kruger, Lida;Viljoen, Hein;Wenzel, Marita

According to Gilbert and Thompkins (1996: 5), postcolonial drama is aimed at dismantling the hierarchies and determinants that create binary oppositions in postcolonial contexts and – according to Young (2001: 4) – also actively transforming the present “out of the clutches of the past”. This dismantling can, however, only occur when the inevitable ambivalence of postcolonial binaries are taken into account (Gilbert & Thompkins 1996: 6). In her text The Free State (2000a), Janet Suzman attempts to appropriate Chekhov’s dismantling of power structures in The Cherry Orchard (1904) within the South African context. However, although The Free State is written against the former apartheid regime, it fails to dismantle the hierarchies within its context because it negates the vital carnivalesque subversion of Chekhov’s text. Instead of subverting the hierarchies in her context, Suzman merely inverts them. In this article, the concept of the carnival as developed by Mikhail Bakhtin is used to investigate the significance of Suzman’s deviation in the treatment of the hierarchies within the South African context.
Indigenous mfunkutu and contemporary ubwinga (wedding) music of the Bemba-speaking people of Zambia: continuity and change
14 September 2015
North West University

Lumbwe, Kapambwe

Musical arts (music, dance and dramatisation) embedded in Bemba ubwinga (wedding) ceremonies play an integral role as a conduit through which knowledge in the form of cultural values, customs and traditions is transmitted. Indigenous music performed at ubwinga ceremonies is based on mfunkutu, while contemporary musics include various styles such as Kalindula, Zamrock and Zamragga, as well as various musical styles from different parts of Africa and the rest of the world. Interaction with other cultures from within Zambia as well as from Africa and the rest of the world has led to change in the structure of ubwinga ceremonies, thereby influencing the musical arts embedded in them. This article examines the nature of mfunkutu and other musical arts within ubwinga celebrations expressed by the Bemba of Lusaka and the Copperbelt region of Zambia. Despite political, socio-economic and socio-cultural changes in Zambian society, both continuity and change are evident in the current ubwinga ceremonies, which are an amalgamation of some of the elements from the pre-colonial ubwinga ceremonies and those of the white wedding ceremonies of the post-independence era. Subsequently, these developments have revealed that, despite internal and external socio-cultural, socio-economic and political influences, marriage mfunkutu have not undergone substantial changes, other than an abridgement of the repertoire.
Contractual maintenance support of a priestess-sister in three old Babylonian sippar division agreement
12 November 2015
North West University

Van Wyk, Susandra J.

Generally, the family members conclude a division agreement of their inheritance received from a parental deceased estate to escape the perils of their shared inheritance by dividing it into portions of unburdened sole ownership. However, in some Old Babylonian Sippar division agreements, the family members devised and agreed to burden an elected inheritance property with a sui generis usufruct. This entails that they contractually agreed to share or appropriate to a family member the responsibility to manage the burdened property and use of its proceeds, for the maintenance and support of their priestess-sister. Only in the event of the priestess-sister's death is the burdened property restored from the restraints of the usufruct. In the article, I have applied my developed analysis method to the study of three Old Babylonian Sippar division agreements which consist of a usufruct-clause. First, I outline the prerequisite elements of the analysis method, which identify the three texts as a family division agreement from a deceased estate. Then follows a discussion of the legal practices found in the three texts of which the usufruct as a chosen legal practice receives special attention. The aim of the article is to show that family members can decide to utilise the sui generis usufruct in the division agreement for the maintenance and support of their priestess-sister, imposing on themselves lifelong personal and financial consequences, while ensuring that the family retain their property on the death of the priestess-sister.
The law and the image of God
20 January 2016
North West University

Simango, Daniel

The purpose of this article is to show that the image of God (Godlikeness) is an important theme in the OT. In the interest of space, the discussion on the image of God will be limited to the study of Exodus, Leviticus, Numbers and Deuteronomy. In this article, I argue that the idea of God-likeness (i.e. moral-likeness to God and a relationship between God and humankind like that between parent and child), seen in Gen 1-11, is also seen in Exodus-Deuteronomy. The biblical theological approach is used in the study of Exodus to Deuteronomy. A thematic and theological study of the Law is done in which aspects of the Pentateuch (especially the legal material) are highlighted which demonstrate that those who live in conformity to the law display God-likeness and those who do not, display serpent- likeness (i.e. behaviour of those who are at enmity with God)
Mädchen in uniform; gender, power and sexuality in times of militarisation
05 February 2016
North West University

Wittmann, Gerda-Elisabeth;Liebenberg, Ian

The film Mädchen in Uniform (1931), a love story between a teacher and student in Germany, is widely recognised as the first pro-lesbian film. Banned by the National Socialists, it opened the way for pro-lesbian film production and was followed by films such as Acht Mädels im Boot (1932), Anna and Elisabeth (1933) and Ich für dich, du für mich (Me for You, You for Me, 1934). These films strongly contrasted with documentaries and popular films of the Third Reich that portrayed a new and heroic German nation growing from the ashes of defeat following the uneasy Peace of Versailles. The film Aimée & Jaguar (1999) revisited the theme of lesbian love during the National Socialist regime. Based on a true story, the film is a narrative of the love between a German and a Jewish woman. Despite controversy, the film won numerous prizes in Germany. This article investigates the portrayal of gender and power in Mädchen in Uniform and Aimée & Jaguar. It seeks to explain how lesbian women and the love between them were portrayed in a time of male domination, militarism and what was seen as hetero-normality. This contribution examines gender-related power struggles and the political climate in Germany at the time of the Weimar Republic and the build-up to National-Socialist militarism
Untold history with a historiography: a review of scholarship on Afrikaner women in South African history
17 February 2016
North West University

Blignaut, Charl

In ‘The Rise and Fall of Afrikaner Women’ (2003), Gilliomee argues that Afrikaner women’s history ‘is the biggest untold story of the Afrikaner people’, and in doing so ignores the research on Afrikaner women’s history. This ignoring of women’s history may be attributed either to orthodoxy in historical writing or the lack of a review on women’s history despite a relatively large body of work, focussing in particular on Afrikaner women. Although contributions to women’s history come out of a wide range of disciplines, including literary theory, political science, anthropology and history proper, it is my contention that there is a definable trend developing in South African historiography which particularly represents the history of Afrikaner women. This article explicitly shows that the history of Afrikaner women is not untold through a review of the contributions of scholars whose work form part of (what I call) the historiography of Afrikaner women. This article not only contextualises Afrikaner women’s history against the backdrop of tendencies in historical writing but also focuses on the major themes in the historiography of Afrikaner women, including identity, political agency, labour, welfare, class, reproduction and particularly the ongoing debate of the ‘volksmoeder’
Judicial "translation" and contextualisation of values: rethinking the development of customary law in Mayelane
23 February 2016
North West University

Lewis, Liz

The relevance of Mayelane v Ngwenyama (2013 4 SA 415 (CC)) has not been exhausted. Particularly the constitutional mandate undertaken by the Constitutional Court to "develop" customary law deserves closer scrutiny. In Mayelane the Constitutional Court, in seeking to vindicate the dignity and equality of women in polygynous marriages, examines the validity of a second marriage in terms of "living" customary law. The Court applies customary law as a "primary" source of law, while it simultaneously promotes the values enshrined in the Constitution, however – bearing in mind that the constitutional values of dignity and equality have their roots in international rights law – the Court is in reality dealing with normative plurality spanning subnational (customary), national as well as international regimes. Furthermore, each of these systems is embedded in its own socio-cultural context, and therefore the liberal individualism of international law could be "foreign" in a customary context, which values communalism. Hence, it is asked whether courts can accommodate pluralism by simply transposing norms and values such as dignity and equality from one system to another, particularly in cases where the court sets out to "develop" customary law. It is argued that norms and values have to be interpreted and applied with reference to their particular context and audience. Thus, there is a need for courts to contextualise and attune, or "translate" norms, whenever they are applied to another system.
The central commandment of love in discussion
31 March 2016
North West University

Strauss, D.F.M.

Some of the key issues that surfaced in a recent discussion on Thinknet regarding the meaning of the central commandment of love and its relation to various aspects of reality, in particular the social and ethical modal functions, will be analyzed in this article. In its central and direction-giving meaning the central commandment of love comes to expression in a rich diversity of modal and typical norms and principles. Since the terms used to describe the central commandment of love are located within various modal aspects an account is required of the multiple ways in which they can be employed. By distinguishing between conceptual knowledge and concept-transcending knowledge it is possible to understand why a key term such as "love" may refer to the core meaning of the ethical or moral aspect and also be used to point at realities exceeding the boundaries of this aspect. Once this is understood it is no longer possible to deny the differentiated, peripheral and partial meaning of the social and the moral aspects of reality in relation to the central commandment of love. An analysis of the coherence between the social aspect and those aspects foundational to it constitutes a part of the task of reflecting on the elementary or analogical basic concepts of sociology as an academic discipline - embedded in a non-reductionist ontology and including a brief account of the inter-modal coherence between the social and moral aspects of reality
Proverbs 31:10-31: a passage containing wisdom principles for a successful marriage
19 April 2016
North West University

Branch, Robin Gallaher

Most commentators see Proverbs 31:10−31 as an acrostic poem about an ideal wife. True, the passage presents an exemplary woman, a paragon of industry and excellence. However, this article looks at this passage in a new way: it assert that the poem depicts an excellent, successful, working marriage. The passage contains principles contained in Wisdom Literature that apply to success in any relationship − especially the most intimate one of all. A careful reading of Proverbs’ concluding poem provides a glimpse, via the specific details it shares, of a healthy, happy, ongoing, stable marriage as observed over a span of time
Ubuntugogy for the 21st century
29 April 2016
North West University

Van der Walt, Johannes Lodewicus

The state of community life in general, and of education in particular, in Africa south of the Sahara (henceforth also referred to as the sub-continent) seems to indicate that Africans have failed somewhat in their efforts to provide for themselves lives of good quality. Malala's (1) complaint that the African century has failed to dawn can be ascribed inter alia to the fact that sub-continental Africans seem not to have mastered the art of peaceful coexistence. (2) Life in this part of the world has for decades now been characterized by wars, violence, soaring crime rates and delinquent behavior, also in the more subtle forms of sexism, xenophobia, selfishness, collapse of family life, a growing gap between the rich and the poor, corruption and racism. (3) Such conditions are detrimental to the quality of personal and communal life. (4) Similar conditions prevail in schools. In many areas, life in schools has been characterized by violence, destruction of property, laziness, a lack of punctuality, weak performance, learner and teacher delinquency and self-centredness--in brief, by a general lack of moral literacy. (5) This portrayal of life on the sub-continent does not sit well with the precepts of the traditional African philosophy of life known as Ubuntu (in the Nguni languages; Botho in the Sotho languages, Hunhu in Shona, Bisoite in Lingala-Baluba, Ujamaa in Kiswahili, Harambee in Kenya). (6) According to Ubuntu, a person is who s/he is only because of the existence of others and because of his/her coexistence with them. If this is indeed the world-view according to which the people of the sub-continent live, why do we then find the inhabitants of the Sudan, Zimbabwe, Kenya, South Africa, Liberia, the Democratic Republic of the Congo, the Ivory Coast, Sierra Leone, Western Sahara, Ethiopia, Eritrea, Somalia and Guinea-Bissau (to mention only a few of the hotspots) to seemingly have lost sight of this sentiment? Why has Ubuntu failed to inspire the people of the sub-continent towards peaceful coexistence and democracy? Failure to live according to the precepts of Ubuntu constitutes a threat to the freedom of the people. (7) Similar perpetrations also occur in other parts of the world. They are a function of how the respective life-views impact on people, their morality and their behavior. Unfortunately, we have to confine our attention to the situation in Africa. It is not the purpose of this article to harp on the negative conditions prevailing on the sub-continent or on the perceived failure of its inhabitants to live according to the tenets of Ubuntu. Neither is its purpose to once again proclaim the already well-known virtues of Ubuntu as a potential contributor to enhanced quality of life. Instead, the purpose of this paper is to consider the possibility of Ubuntugogy being a more suitable approach for sub-Saharan Africa than typical Western-style colonial education. While having borrowed the term 'Ubuntugogy' from Bangura, (8) I shall follow his lead only partially. I shall argue that two sets of changes have to be made to render Ubuntugogy more amenable to the demands of the modem, globalized, urbanized and industrialized circumstances on the African subcontinent. Firstly, Ubuntu, that is the life-view that forms the sub-stratum of Ubuntugogy, has to be updated, modernized or reconstructed to put it more in line with the demands of 21st century life. Secondly, while the notion of Ubuntugogy in itself remains attractive as a return to the classic past of Africa, it also needs filling with more appropriate content. It needs a global format to be able to address the needs of modern sub-continental Africans. (9) Because of their traditional tribal limitations, a simple return to Ubuntu and Ubuntugogy will not pass muster in modern African societies. Pedagogical input from the northern hemisphere has to be included in the new approach. Ubuntu and Ubuntugogy also need filling with new moral content. …
How youth picture gender injustice: building skills for HIV prevention through a participatory, arts-based approach
17 May 2016
North West University

Wood, Lesley

Based on the existing literature on the positive relationship that exists between high instances of HIV infections and a high degree of gender injustices in southern Africa, there is clearly a need for HIV-prevention interventions, to focus on the need for changing the existing gender norms. Social change begins with change at the individual level, so the question that this article attempts to answer is: How can we engage youth as key actors in educating their peers on HIV prevention, through a gender lens? Proceeding from a critical paradigm, the article describes how a participatory action-research design, using arts-based methods, has enabled youth to develop self-efficacy beliefs in regard to their ability to design and implement peer- education interventions, in order to raise awareness in the school community of the impact of gender injustices on the lives of youth. The data were collected through drawings, focus-group interviews, photographs, and video recordings of peer interventions. Thematic analysis of the data provides convincing evidence that arts-based methods are effective in developing youth agencies to create and disseminate powerful peer interventions around gender injustice that may make a significant contribution to changing gender norms
The viability and constitutionality of the South African national register for sex offenders: a comparative study
20 May 2016
North West University

Mollema, Nina

Section 42 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007 established a National Register for Sex Offenders where the particulars of all offenders guilty of sexual transgressions against children or mentally-ill persons have to be included, regardless of whether they were found guilty before or after the coming into force of the Act. Although the purpose of the Act clearly is to protect and promote the constitutional rights of victims and society in general, it is apparent that the register may infringe on the rights of sexual offenders. The inclusion of the personal details of sex offenders in a register without their permission and sometimes without their knowledge amounts to a violation amongst other rights of the right to privacy stipulated in section 14 of the Constitution of the Republic of South Africa, 1996. In this article the constitutionality of the South African register will be examined by means of a comparative study with the United States and United Kingdom, where similar registers are already in place. This legislative assessment will also provide answers as to the viability of the South African register. It is argued that South Africa's sex offender registration system may not fulfil the function it was designed for because of misconceptions as well as serious implementation and administrative issues; and that alternative solutions may be more suitable in this regard.
Hildegard of Bingen - a woman for our time?
23 May 2016
North West University

Boyce-Tillman, June Barbara

Hildegard van Bingen (1098-1179) het in Duitsland geleef en is op agtjarige ouderdom toegelaat tot ’n klooster waar sy meer onderrig ontvang het as ander vroue van die Middeleeue. Sy staan bekend as een van die eerste vrouekomponiste in Europa en haar intuïsie was haar bron van inspirasie. Sy het ongeveer 70 liedere in Latyn geskryf waarvoor sy die Gregoriaanse modusse gebruik het. Hierdie eenstemmige chants is hoofsaaklik gememoriseer. Musieknotasie is eers later ontwikkel. Daar word vermoed dat ’n welgestelde persoon ’n kundige betaal het om Hildegard se liedere neer te skryf. Sy het die teks en die musiek gelyktydig geskep en vir haar was die proses net so belangrik soos die produk. Haar beskouing van die natuur en die teologie was geïntegreerd – sy het ook medisyne bestudeer. Hedendaagse musikante en terapeute maak van Hildegard se musiek gebruik om die fisieke, psigologiese en spirituele saam te voeg, want musiek bring die liggaam en die gees bymekaar.
The valorisation of symbolic labour: the articulation of proper womanhood in post–apartheid Potchefstroom
06 June 2016
North West University

Bombardella, Pia

Drawing on ethnographic data gleaned from nine months of research conducted among elderly. middle-class, Afi'ikaansspeaking members of a voluntary woman's organisation that aims at providing adult education to women, pertaining to womanhood, wifehood and motherhood, this paper shows how the context provides a space in which members construct a model of proper womanhood that is based on the valuation of modesty. thrift, the valorisation of talents, and industriousness - 'Positive Protestantism'. This model hinges upon domestic work as an institution, and on the transformation of reproductive labour into symbolic labour. This transformation is the reason why Huisvlyt1 members experience the distribution of inalienable wealth as a dilemma of transmission, since their female kin do not value Positive Protestantism as a model of proper womanhood, resulting in Huisvlyt members realising Kopytoff's insight that objects have social lives, and that their prized possessions are running the risk of becoming garbage
The implementation of gender equality policies in achieving millennium development goal three in the Sedibeng district municipality
01 July 2016
North West University

Govender, S.D.;Vyas-Doorgapersad, S.

Globally, the achievement of Millennium Development goal1 3 is slow, as is evidenced by surveys conducted by some of the reputable international organisations, such as the Global Employment Trends, (2009) and the Global Employment Trends for Women, (2009) (both conducted by the International Labour Organisation), the Mastercard Worldwide Index on Women’s Advancement, (2009), and the Organisation for Economic Co-operation and Development, (2011). The surveys explore the reality that gender equality in the labour market is still low and remain unchanged due to the fact that women are not receiving the required employment opportunities, are under-represented in the working place and are not considered for strategic portfolios. The outcomes of these surveys are supported by academic such scholars, as Meintjies (2005); Parker (2009); Tsuari (2010); Penceliah (2011); Zukang (2012); and KiMoon (2012) whose studies emphasise the discrimination of women in the labour market. The paper aims to focus on the Millennium Development Goal 3 due to the fact that gender equality and the empowerment of women is at the heart of this initiative, as stated in the Millennium Development Goals Report of 2010, in which it is reported that this objective is not yet fully realised. There is a need to investigate the essence of gender equality (in favour of the female aspect of gender) demanding appropriate recognition and opportunities for empowerment in a country-specific milieu. The previous researches conducted by Mathye (2002); Tsuari (2010); Penceliah (2011); Sithole et al. (2012) explore the findings emphasising that the municipal employment practices are not done in favour of women in the society as there are still some municipalities that do not invest in offering training programmes for gender balancing their working environment; while and the professional and managerial roles are not extended to women. The paper examines the role South Africa is playing in achieving the Millennium Declaration, by focusing on Goal 3 that encourages gender equality and women empowerment. The paper assesses the level of beneficiation at the Sedibeng District Municipality as its focus area
The world view of Khaketla's novel 'Mosadi a nkhola'
04 July 2016
North West University

Seema, Johannes

Khaketla emphasises the essential and inner qualities of the medium of his novel Mosadi a nkhola (‘The wife brought calamity upon me’) as based on his convictions of the supremacy of art over all other means of expression or knowledge. The novel is about Chief Lekaota who realised that there was an imminent clash in outlook between traditional chieftaincy and Western ways. He sends his son, Mosito, to school to ensure enlightened leadership for his people after his own death. After his death, his matriculated son takes over and he is advised by his former schoolmates, Pokane and Khosi. Khati, Sebotsa and Maime claim to be Chief Lekaota’s former advisors. Mosito is married to the unenlightened and superstitious Sebolelo, whom he chose for his wife, against his friends’ advice. The main concern of the researcher in this article is to explore the possible reasons for Mosito’s downfall
Grievance procedures for dealing with complaints of sexual harassment at higher education institutions in South Africa
05 July 2016
North West University

Joubert, Pierre;Van Wyk, Christo

The aim of this study was to investigate the perceptions of academic staff relating to the sufficiency of grievance procedures in dealing with complaints of sexual harassment at higher education institutions in South Africa. A cross-sectional survey was conducted among 161 academic staff members at different higher education institutions. The Sexual Harassment Questionnaire was administered. The results show a positive correlation between confidence in the grievance procedure, the amount of attention that supervisors pay to grievances, regular feedback to employees regarding the progress of grievances, willingness of supervisors to take decisions, the amount of confidence in supervisors and the effectiveness of the procedure. The reluctance of management to deal with grievances unless they are reported via the grievance procedure was related to the perceived effectiveness of the procedure
The impact of minority status in the application of affirmative action: NAIDOO v MINISTER of SAFETY and SECURITY 2013 5 BLLR 490 (LC)
27 July 2016
North West University

Papacostantis, Helen;Mushariwa, Muriel

Affirmative action measures within the workplace seek to ensure equal employment opportunities and create a workforce that is representative of South African society. Accordingly, employers need to ensure that the substantive goal of equality is achieved when implementing affirmative action. One of the challenges faced by employers is the choice of beneficiary from designated groups which is diverse and unequal within itself. This paper seeks to address this challenge by looking at the definition given to beneficiaries of affirmative action and the concept of multi layered disadvantage within the Employment Equity Act. The paper will focus on the decision in Naidoo v Minister of Safety and Security and National Commissioner of the South African Police Service which is an example of the disadvantages experienced by members of the designated groups who are also part of a minority group within the designated groups. Particular focus will be placed on the disadvantages experienced by a black female who is also part of a minority. This paper highlights the multi-layered nature of disadvantage experienced by such members of the designated groups and the need to ensure that new forms of disadvantage are not created in the implementation of affirmative action policies by using a situation sensitive approach. It argues that affirmative action as a means to an end needs to evolve with the understanding that it functions within an ever changing social and economic environment. If such changes are ignored the true beneficiaries of affirmative action will not be given recognition and the desired end of creating a workforce representative of South African society together with the goal of substantive equality cannot be realised.

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