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Section 28(2) of the South African Constitution determines that every child has the right to have their best interests considered of paramount importance in all matters concerning them. Section 9 further provides that every person is considered equal before the law and has the right to equal protection and benefit of the law. Several grounds are listed relating to the unfair discrimination of persons, including their sexual orientation. The concept of care is incorporated in the Children's Act, and it entails a comprehensive description of parents' daily life regarding their children and the powers and duties expected to ensure the general protection, well–being and best interests of the child. The study aims to research the legal position when the sexual orientation of a parent is a considering factor in the granting of care, and the extent of which courts can give consideration to that factor. I commence by examining relevant national legislation relating to the concept of care and the best interests of the child standard in the Children's Act to establish how the sexual orientation of a parent is interpreted by courts in the granting of care. I then proceed to examine relevant international and regional documents to determine the relevant rights relating to the interests of children in the granting of care to a parent in divorce proceedings. I then proceed to analyse landmark cases to establish ways in which the approach of the courts regarding homosexuality have changed since the beginning of the new political dispensation in 1994. Finally a conclusion will be reached on the nature and scope of the consideration of a parent's sexual orientation in the granting of care in the South African context. / Thesis (LL.M. (Comparative Child Law))--North-West University, Potchefstroom Campus, 2012.

The degree to which the SABC as public broadcaster gives shape to its language policy and language mandate, against the background of an investigation of language rights, establishes the central problem statement of this research. It is widely acknowledged that it is difficult to define the concept of language rights. 14khough the language-sociological literature associates this concept with minority and cultural rights, it can also be seen as individual rights. According to the Constitution of the Republic of South Africa,1996,it is clear that language rights should be seen as individual rights that can be exercised within a particular community. Although this dissertation provides an extensive juridical and language sociological explanation of the concept of language rights, the description by Judge Able Sachs will be used as a working definition for this research. His division between the following four fundamental language rights, viz.: (i) the right to use your language; (ii) the right to develop your language; (iii) the right to be understood and to understand other languages as well as (iv) the right not to be discriminated against because of your language, provides a useful investigation instrument with which the degree to which the SABC-TV acknowledges and protects language rights can be measured. It is found that despite the policy documents on national and corporate level that has equal consideration and treatment of the diverse South African languages in mind, it still happens that the SABC-TV fails to give form to the language rights of individuals that belong to indigenous minority language groups in South Africa. Due to this, the research suggests that the extensive implementation of subtitles, as a form of screen translation that differs from lip synchronised dubbing, can make a significant contribution to the acknowledgement and protection of language rights by the SABC-TV. In addition to a discussion on what subtitles entail, the technical nature and specific parameters thereof, a feasibility study is included within which the affordability of this project for the SABC-TV is indicated. It is found that this form of screen translation is ideal for the South African situation because it is cheaper than both lip synchronised dubbing and the creation of new television programmes, but also because it can effectively be employed in regional broadcasts. Furthermore, the use of bilingual subtitles and pivot subtitles are also alternatives that may be considered. It is essential though that subtitles can indeed contribute to the way in which the SABC, as a public broadcaster, acknowledges and protects the fundamental language rights of the multitude of South Africans that belong to different language communities in South Africa. / Thesis (M.A. (Afrikaans))--North-West University, Vaal Triangle Campus, 2004.

The degree to which the SABC as public broadcaster gives shape to its language policy and language mandate, against the background of an investigation of language rights, establishes the central problem statement of this research. It is widely acknowledged that it is difficult to define the concept of language rights. 14khough the language-sociological literature associates this concept with minority and cultural rights, it can also be seen as individual rights. According to the Constitution of the Republic of South Africa,1996,it is clear that language rights should be seen as individual rights that can be exercised within a particular community. Although this dissertation provides an extensive juridical and language sociological explanation of the concept of language rights, the description by Judge Able Sachs will be used as a working definition for this research. His division between the following four fundamental language rights, viz.: (i) the right to use your language; (ii) the right to develop your language; (iii) the right to be understood and to understand other languages as well as (iv) the right not to be discriminated against because of your language, provides a useful investigation instrument with which the degree to which the SABC-TV acknowledges and protects language rights can be measured. It is found that despite the policy documents on national and corporate level that has equal consideration and treatment of the diverse South African languages in mind, it still happens that the SABC-TV fails to give form to the language rights of individuals that belong to indigenous minority language groups in South Africa. Due to this, the research suggests that the extensive implementation of subtitles, as a form of screen translation that differs from lip synchronised dubbing, can make a significant contribution to the acknowledgement and protection of language rights by the SABC-TV. In addition to a discussion on what subtitles entail, the technical nature and specific parameters thereof, a feasibility study is included within which the affordability of this project for the SABC-TV is indicated. It is found that this form of screen translation is ideal for the South African situation because it is cheaper than both lip synchronised dubbing and the creation of new television programmes, but also because it can effectively be employed in regional broadcasts. Furthermore, the use of bilingual subtitles and pivot subtitles are also alternatives that may be considered. It is essential though that subtitles can indeed contribute to the way in which the SABC, as a public broadcaster, acknowledges and protects the fundamental language rights of the multitude of South Africans that belong to different language communities in South Africa. / Thesis (M.A. (Afrikaans))--North-West University, Vaal Triangle Campus, 2004.

Section 28(2) of the South African Constitution determines that every child has the right to have their best interests considered of paramount importance in all matters concerning them. Section 9 further provides that every person is considered equal before the law and has the right to equal protection and benefit of the law. Several grounds are listed relating to the unfair discrimination of persons, including their sexual orientation. The concept of care is incorporated in the Children's Act, and it entails a comprehensive description of parents' daily life regarding their children and the powers and duties expected to ensure the general protection, well–being and best interests of the child. The study aims to research the legal position when the sexual orientation of a parent is a considering factor in the granting of care, and the extent of which courts can give consideration to that factor. I commence by examining relevant national legislation relating to the concept of care and the best interests of the child standard in the Children's Act to establish how the sexual orientation of a parent is interpreted by courts in the granting of care. I then proceed to examine relevant international and regional documents to determine the relevant rights relating to the interests of children in the granting of care to a parent in divorce proceedings. I then proceed to analyse landmark cases to establish ways in which the approach of the courts regarding homosexuality have changed since the beginning of the new political dispensation in 1994. Finally a conclusion will be reached on the nature and scope of the consideration of a parent's sexual orientation in the granting of care in the South African context. / Thesis (LL.M. (Comparative Child Law))--North-West University, Potchefstroom Campus, 2012.

Although s 9 of the new Constitution 1 guarantees the right to life, there is no express provision which abolishes the death sentence. Whereas in the past the death sentence could only be avoided by the exercise of judicial discretion or political and public pressure, its imposition will now have to be entirely re-evaluated. Not only are all the laws of the country subject to the new Constitution, 2 but so too a Constitutional Court will be operational which will have the power to test the constitutionality of any such laws. By looking at the standards and relevant issues which are considered to define the constitutionality of the death sentence internationally, reviewing current application of the death sentence in South Africa, drawing comparisons, and by studying the problems unique to the South African situation, it will be the aim of this dissertation to determine how the death sentence will fare under a Constitutional Court. / Criminal & Procedural Law / LL. M.

Although s 9 of the new Constitution 1 guarantees the right to life, there is no express provision which abolishes the death sentence. Whereas in the past the death sentence could only be avoided by the exercise of judicial discretion or political and public pressure, its imposition will now have to be entirely re-evaluated. Not only are all the laws of the country subject to the new Constitution, 2 but so too a Constitutional Court will be operational which will have the power to test the constitutionality of any such laws. By looking at the standards and relevant issues which are considered to define the constitutionality of the death sentence internationally, reviewing current application of the death sentence in South Africa, drawing comparisons, and by studying the problems unique to the South African situation, it will be the aim of this dissertation to determine how the death sentence will fare under a Constitutional Court. / Criminal and Procedural Law / LL. M.

No abstract available. / Dissertation (LLM)--University of Pretoria, 2012. / gm2014 / Centre for Human Rights / unrestricted

The thesis is focused on the question of how responsibilities for the performance of public functions are assigned to levels or spheres of government. The term "public function" refers to the activities performed by governments in order to satisfy identified community needs. There is a paucity of validated knowledge concerning the particular phenomenon, and the purpose of the study is to make a research based contribution in this connection. Because of the exploratory nature of the study particular attention is paid to the orientation of the research in Public Administration terms, as well as to research design. A study of the assignment of responsibilities in a selection of foreign countries was undertaken, and the findings are recorded and evaluated. The conclusion reached is that in none of the countries studied a clear, comprehensive demarcation of governmental responsibilities has been achieved. Regarding South Africa, the thesis encompasses a historical overview, followed by separate analytical examinations of the arrangements set in place by the 1993 ("interim") and the 1996 ("final") Constitutions. In the pre-democratic era (1910 to 1994), ideological considerations patently played a prominent role. The treatment of the assignment question by the 1993 Constitution is found to have had substantial shortcomings, especially with regard to conceptual and technical aspects, the realisation of assignment principles, and the substance of assigned responsibilities. In the author's opinion a satisfactory deployment of responsibilities was not achieved. The 1996 Constitution improved the assignment scheme, notably through the better realisation of assignment principles, the introduction of exclusive powers for the provinces, and in dealing with the municipal domain. However, the 1996 Constitution also did not achieve a credible and clear-cut assignment of responsibilities. In assessing the degree to which a scientific approach to the assignment question is in evidence, the finding is that such an approach has not been established. A theoretical assignment model, following a Public Administration approach, is then presented. The model covers language, classification, assignment principles, and methodology. The thesis concludes with a reflection on the research, as well as on the practicalities of achieving improvement in the assignment of responsibilities. / Public Administration / D. Litt. et Phil. (Public Administration)