south-africa

My conclusions, on this point, are as follows: when the Law Commission says committal of judgment debtors is an anomaly that cannot be justified and should be abolished; when it is common cause that there is a general international move away from imprisonment for civil debt, of which the present committal proceedings are an adapted relic; when such imprisonment has been abolished in South Africa, save for its contested form as contempt of court in the magistrate's court; when the clauses concerned have already been interpreted by the Courts as restrictively as possible, without their constitutionally offensive core being eviscerated; when other tried and tested methods exist for recovery of debt from those in a position to pay; when the violation of the fundamental right to personal freedom is manifest, and the procedures used must inevitably possess a summary character if they are to be economically worthwhile to the creditor, then the very institution of civil imprisonment, however it may be described and however well directed its procedures might be, in itself must be regarded as highly questionable and not a compelling claimant for survival.

The bad parts of the statute are not judicially severable, I consider, from the rest of its provisions that deal with imprisonment. Their roots are entangled too tenaciously in the surrounding soil for a clean extraction to be feasible. The conclusion to which I accordingly come is that we are left with no option but to declare those provisions as a whole to be constitutionally invalid on account of their objectionable overbreadth.

If the good is not dependent on the bad and can be separated from it, one gives effect to the good that remains after the separation if it still gives effect to the main objective.

What is this so-called 'employment flexibility'? It simply means that employers, in their quest to reduce costs whilst trying to meet the demands of globalisation, are disregarding the traditional job boundaries _ often to the detriment of the unskilled, non-standard worker. Employers use non-standard workers to avoid restrictive labour laws and collective bargaining restraints. In addition, the practice provides them with more flexibility.

Young girls frequently report that their early sexual experiences were coerced. In a study in South Africa, 30 percent of girls report that their first sexual intercourse was forced. In rural Malawi, 55 percent of adolescent girls surveyed report that they were often forced to have sex.

There are not so many murders in this township, I think to myself, and not so few policemen, that a killing should be treated like an old woman who has lost her cat.

About a year ago, an entire suburb in this man__ jurisdiction turned from the police and erected a substitute agency. To all intents and purposes, several thousand people here have severed their relationship with the South African Police Service. He appears not to have noticed.

It was not lack of ability that limited my people, but lack of opportunity.

Not a few millions of parents strongly hope that their own children will step in by instantly becoming their own parents_ foster parents, if and when the parents reach their second childhood.

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And there__ one other matter I must raise. The epidemic of domestic sexual violence that lacerates the soul of South Africa is mirrored in the pattern of grotesque raping in areas of outright conflict from Darfur to the Democratic Republic of the Congo, and in areas of contested electoral turbulence from Kenya to Zimbabwe. Inevitably, a certain percentage of the rapes transmits the AIDS virus. We don__ know how high that percentage is. We know only that women are subjected to the most dreadful double jeopardy.The point must also be made that there__ no such thing as the enjoyment of good health for women who live in constant fear of rape. Countless strong women survive the sexual assaults that occur in the millions every year, but every rape leaves a scar; no one ever fully heals.This business of discrimination against and oppression of women is the world__ most poisonous curse. Nowhere is it felt with greater catastrophic force than in the AIDS pandemic. This audience knows the statistics full well: you__e chronicled them, you__e measured them, the epidemiologists amongst you have disaggregated them. What has to happen, with one unified voice, is that the scientific community tells the political community that it must understand one incontrovertible fact of health: bringing an end to sexual violence is a vital component in bringing an end to AIDS.The brave groups of women who dare to speak up on the ground, in country after country, should not have to wage this fight in despairing and lonely isolation. They should hear the voices of scientific thunder. You understand the connections between violence against women and vulnerability to the virus. No one can challenge your understanding. Use it, I beg you, use it.

There is one key area in which Zuma has made no attempt at reconciliation whatsoever: criminal justice and security. The ministers of justice, defence, intelligence (now called 'state security' in a throwback to both apartheid and the ANC's old Stalinist past), police and communications are all die-hard Zuma loyalists. Whatever their line functions, they will also play the role they have played so ably to date: keeping Zuma out of court__nd making sure the state serves Zuma as it once did Mbeki.

Try being a white person who adopts the trappings of black culture while still living in the white community. You will face more hate and ridicule and ostracism than you can even begin to fathom. People are willing to accept you if they see you as an outsider trying to assimilate into their world. But when they see you as a fellow tribe member attempting to disavow the tribe, that is something they will never forgive. That is what happened to me in Eden Park.

The business of reading and interpreting the Bible in South Afria is a tricky one! The Bible is everywhere and in the hands of many, including the pain inflictors. ~ Mogomme Alpheus Masoga

For a sane person to sincerely be happy that someone has succeeded, they have to either be profiting or likely to profit from that person__ success, or be that person.

He would not mind hearing Petrus__ story one day. But preferably not reduced to English. More and more he is convinced that English is an unfit medium for the truth of South Africa.