Suchergebnisse

nema

Banning orders have been issued since 1951 in terms o f the Internal Security Act 44 of 1950. Currently 109 banning orders are in force. They provide for the infringement of "inter alia" the rights to choose one's own company, place of work and type of occupation, social contact is either very limited or non-existent. Banning orders have been justified in the light ofthe exciting dangers to the security of the slate, to the upholding of law and order and the threat of Communism. The Rabie Commission into Security Legislation has recommended that the present system bemaintained. In this paper the contents of banning orders are discussed with reference to juridical concepts such as the rule of law, human rights and the principles of natural justice. Banning orders are analyzed in terms of the "imago Dei"-concept and of what the Christian attitude to human rights should be. The exclusion of the common law revisionary powers of the Supreme Court and the absence of independent control are discussed. The recommendations of the Rabie Commission are analyzed and critized. One has to conclude that banning orders form a radical departure from the well-established principle that everyone is deemed innocent until his guilt has been adequately proved in an independent court o f law. This drastic deviation has not been remedied by the proposed Revision Committee whose independence and obligation to apply the rules o f natural justice are not absolute.

From text: This article deals with the decision-making powers of different spheres of government, in terms of various pieces of legislation, with regard to the development of agricultural land and, more specifically, the subdivision or rezoning of such land.

In terms of the Subdivision of Agricultural Land Act 70 of 1970, the (national) Minister of Agriculture, Forestry and Fisheries has to authorise, in writing, every application for the subdivision of agricultural land. The following proviso was added to the definition of 'agricultural land' in the Act in 1995: "Provided that land situated in the area of jurisdiction of a transitional council as defined in section 1 of the Local Government Transition Act, 1993 (Act No. 209 of 1993), which immediately prior to the first election of the members of such transitional council was classified as agricultural land, shall remain classified as such." The question that arose in this case was whether the proviso only existed during the lifetime of transitional councils. An affirmative answer to the above question would result in the de facto and de jure implicit termination (and disappearance) of agricultural land as a category in South African law and, consequently, of the Minister's power to approve any subdivision of agricultural land. A negative answer would imply that agricultural land remains as a category, that the provisions of SALA need to be complied with, and that the Minister's written approval needs to be obtained for each and every application for subdivision of agricultural land. This article contends that the Constitutional Court was correct in finding that the proviso (and the Act) is still applicable today.

Relative deprivation theory and social justice theory are applied in a study of grievance formation in South Africa. We hypothesized that grievance formation is affected by objective conditions (race and class) and subjective conditions (comparisons with others and across time, trust in government, and perceived influence on government). Between 1994 and 1998 we annually interviewed separate samples of South Africans. Our findings suggest that people's sense of grievance has become less related to race than to class. Furthermore, we found an interplay of the two kinds of comparisons in the formation of grievances. Depending on the comparison made and on the outcome of that comparison, it appears that people find it either easy or difficult to cope with a low living standard. These assessments are further qualified by trust in and influence on government. Trust and influence make people optimistic about the future and therefore more inclined to believe that their situation will improve.

Attributed to J. C. Taché and P. J. O Chauveau in collaboration, or to Taché alone. cf. F. J. Audet. Pseudonymes canadiens. ; Signed: Gaspard Lemage [pseud.] ; Mode of access: Internet. ; Title page lacking. Title supplied from P. Gagnon. Essai de bibliographie canadienne. no. 2024.

Collection : Recueil politique du Gard ; Collection : Recueil politique du Gard ; Avec mode texte