This article analyses the birth registration process of children born in South Africa to undocume... more This article analyses the birth registration process of children born in South Africa to undocumented migrants. Birth registration is an important stepping-stone to acquiring nationality in terms of South African law. Children born to undocumented migrants face a greater risk of statelessness. Given the detrimental consequences of statelessness, the article explores the relationship between the best interests of the child principle (found in international law and the South African Constitution) and the domestic birth registration process for children born to undocumented migrants. In terms of international law, all children have a right to be registered at birth. The findings show that despite this obligation, the birth registration process imposes an onerous set of requirements on undocumented migrants. By using the best interests of the child principle as a substantive right, a procedural right and an interpretative principle, the article shows that the current birth registration ...
Owing to their frequent contact with children, pharmacists should have a duty to act in the best ... more Owing to their frequent contact with children, pharmacists should have a duty to act in the best interests of the child. This premise echoes section 28(2) of the Constitution of the Republic of South Africa. Although it is mandatory for certain persons to report the abuse or neglect of a child according to the Children’s Act 32 of 2005, pharmacists are omitted from the ambit of this act. However, the use of mandatory reporting to curb the abuse and neglect of children is controversial. Despite the challenges associated with mandatory reporting, it is argued that it is far more beneficial to include mandatory reporting in the state’s extensive arsenal against child abuse and neglect than to omit it. It is recognised that mandatory reporting alone is not a panacea; it must work in tandem with other state interventions to improve the plight of children. The authors therefore call for an amendment to be made to the Children’s Act, whereby pharmacists and other categories of pharmacy sup...
The infliction of corporal punishment on children (in the home) was found to be unconstitutional ... more The infliction of corporal punishment on children (in the home) was found to be unconstitutional by the Constitutional Court of South Africa (September 2019). Corporal punishment was historically permitted if exercised within reasonable grounds (moderate or reasonable chastisement). In reaching its judgment, the apex court found that the child's right to human dignity and to be free from all forms of violence was unjustifiably infringed by the exercising of this form of discipline. In addition, the child's best interests was not served. Importantly, there were other non-violent means available to parents to discipline their children. This article examines what this judgment means for medical doctors who reasonably suspect that a child has been the victim of corporal punishment. It is argued that medical doctors have a duty to report such incidents in terms of section 110(1) of the Children's Act 38 of 2005.
of S v Litako.1 The judgment reconsiders the landmark decision of the same court, S v Ndhlovu,2 i... more of S v Litako.1 The judgment reconsiders the landmark decision of the same court, S v Ndhlovu,2 in which the court held that an informal admission made by one accused could be admitted against a co-accused even if the accused in court denies making
On 16 April 2014, the Supreme Court of Appeal handed down judgment in the matter of S v Litako 20... more On 16 April 2014, the Supreme Court of Appeal handed down judgment in the matter of S v Litako 2014 2 SACR 431 (SCA) ("Litako"). The judgment reconsiders the landmark decision of the same court, S v Ndhlovu 2002 2 SACR 325 (SCA) ("Ndhlovu") in which the court held that an informal admission made by one accused could be admitted against a co-accused even if the accused in court denies making the statement and the statement itself is therefore considered to be hearsay. The court in Ndhlovu applied section 3 of the Law of Evidence Amendment Act 45 of 1988 and found that the hearsay extra curial admission could be admitted in the interests of justice. In Litako the court found that section 3 did not overrule an existing common law rule, which is that the extra curial statement of an accused (whether an informal admission or a confession) cannot be tendered against a co-accused. This is because section 3 does not expressly overrule this common law rule. Rather, the pr...
Owing to their frequent contact with children, pharmacists should have a duty to act in the best ... more Owing to their frequent contact with children, pharmacists should have a duty to act in the best interests of the child. This premise echoes section 28(2) of the Constitution of the Republic of South Africa. Although it is mandatory for certain persons to report the abuse or neglect of a child according to the Children’s Act 32 of 2005, pharmacists are omitted from the ambit of this act. However, the use of mandatory reporting to curb the abuse and neglect of children is controversial. Despite the challenges associated with mandatory reporting, it is argued that it is far more beneficial to include mandatory reporting in the state’s extensive arsenal against child abuse and neglect than to omit it. It is recognised that mandatory reporting alone is not a panacea; it must work in tandem with other state interventions to improve the plight of children. The authors therefore call for an amendment to be made to the Children’s Act, whereby pharmacists and other categories of pharmacy sup...
Clinical Background: Chronic kidney disease (CKD) is a condition that causes important limitation... more Clinical Background: Chronic kidney disease (CKD) is a condition that causes important limitations to patients' lives. The limitations imposed as a result of the disease end up hampering the exercise of citizenship by individuals, including work and daily activities. Epidemiology: The prevalence of CKD in Brazil, India, Nigeria, Portugal, and South Africa is, respectively, 5.8-25.2, 13-17.2, 7.8-23.5, 6.1-20.7, and 6.4-17.3%, and is higher among the most disadvantaged populations. Challenges: The present study intends to make an intersection between health sciences, considering the reality faced by the patient with CKD, and the legal perspectives regarding the protective dimension of the right to healthcare and the access of these individuals to a better quality of life. Despite differences in size, population, and human development, there are some similarities among countries in the normative approach regarding the right to healthcare of patients with CKD. The study was develop...
The article critically examines the judgment in ex parte Somers (1927) 48 NPD 1 from both a legal... more The article critically examines the judgment in ex parte Somers (1927) 48 NPD 1 from both a legal and personal perspective. The judgment details the case of an Indian South African who requested the Court to grant his admission as a candidate attorney. The Court refused his application on the basis that he could not complete the set of courses required by the Supreme Court Rules, as his admission to Natal University College had been denied. Without detailing the reasons for the College's refusal, the Court reinforced the College's racial discriminatory policies. The article examines the judgment from two perspectives: courtrooms as a space of protest; and racial exclusion at law schools and the legal profession. Keywords: Racial discrimination, courtroom as a space of protest, law schools, legal profession
Currently, a child cannot provide a statement without parental or guardian consent. This limits t... more Currently, a child cannot provide a statement without parental or guardian consent. This limits the child’s right to participate fully in matters which affect the child. Indeed, it also impacts the fact-finding process of an investigation. In terms of international conventions and the Children’s Act 38 of 2005, child participation is a cornerstone of children’s rights. This note proposes that South African law recognise adolescent autonomy — specifically, an adolescent’s competence to provide a statement in matters affecting the child. An adolescent’s stage of growth (physical and mental) makes the child capable of understanding the consequences of such conduct, and the child’s developing agency and cognitive abilities mean that the child may wish to do so. The note proposes that the law recognise the autonomy of a child who is twelve years or older to provide an unassisted statement in legal fora.
Currently, a child cannot provide a statement without parental or guardian consent. This limits t... more Currently, a child cannot provide a statement without parental or guardian consent. This limits the child’s right to participate fully in matters which affect the child. Indeed, it also impacts the fact-finding process of an investigation. In terms of international conventions and the Children’s Act 38 of 2005, child participation is a cornerstone of children’s rights. This note proposes that South African law recognise adolescent autonomy — specifically, an adolescent’s competence to provide a statement in matters affecting the child. An adolescent’s stage of growth (physical and mental) makes the child capable of understanding the consequences of such conduct, and the child’s developing agency and cognitive abilities mean that the child may wish to do so. The note proposes that the law recognise the autonomy of a child who is twelve years or older to provide an unassisted statement in legal fora.
This article analyses the birth registration process of children born in South Africa to undocume... more This article analyses the birth registration process of children born in South Africa to undocumented migrants. Birth registration is an important stepping-stone to acquiring nationality in terms of South African law. Children born to undocumented migrants face a greater risk of statelessness. Given the detrimental consequences of statelessness, the article explores the relationship between the best interests of the child principle (found in international law and the South African Constitution) and the domestic birth registration process for children born to undocumented migrants. In terms of international law, all children have a right to be registered at birth. The findings show that despite this obligation, the birth registration process imposes an onerous set of requirements on undocumented migrants. By using the best interests of the child principle as a substantive right, a procedural right and an interpretative principle, the article shows that the current birth registration ...
Owing to their frequent contact with children, pharmacists should have a duty to act in the best ... more Owing to their frequent contact with children, pharmacists should have a duty to act in the best interests of the child. This premise echoes section 28(2) of the Constitution of the Republic of South Africa. Although it is mandatory for certain persons to report the abuse or neglect of a child according to the Children’s Act 32 of 2005, pharmacists are omitted from the ambit of this act. However, the use of mandatory reporting to curb the abuse and neglect of children is controversial. Despite the challenges associated with mandatory reporting, it is argued that it is far more beneficial to include mandatory reporting in the state’s extensive arsenal against child abuse and neglect than to omit it. It is recognised that mandatory reporting alone is not a panacea; it must work in tandem with other state interventions to improve the plight of children. The authors therefore call for an amendment to be made to the Children’s Act, whereby pharmacists and other categories of pharmacy sup...
The infliction of corporal punishment on children (in the home) was found to be unconstitutional ... more The infliction of corporal punishment on children (in the home) was found to be unconstitutional by the Constitutional Court of South Africa (September 2019). Corporal punishment was historically permitted if exercised within reasonable grounds (moderate or reasonable chastisement). In reaching its judgment, the apex court found that the child's right to human dignity and to be free from all forms of violence was unjustifiably infringed by the exercising of this form of discipline. In addition, the child's best interests was not served. Importantly, there were other non-violent means available to parents to discipline their children. This article examines what this judgment means for medical doctors who reasonably suspect that a child has been the victim of corporal punishment. It is argued that medical doctors have a duty to report such incidents in terms of section 110(1) of the Children's Act 38 of 2005.
of S v Litako.1 The judgment reconsiders the landmark decision of the same court, S v Ndhlovu,2 i... more of S v Litako.1 The judgment reconsiders the landmark decision of the same court, S v Ndhlovu,2 in which the court held that an informal admission made by one accused could be admitted against a co-accused even if the accused in court denies making
On 16 April 2014, the Supreme Court of Appeal handed down judgment in the matter of S v Litako 20... more On 16 April 2014, the Supreme Court of Appeal handed down judgment in the matter of S v Litako 2014 2 SACR 431 (SCA) ("Litako"). The judgment reconsiders the landmark decision of the same court, S v Ndhlovu 2002 2 SACR 325 (SCA) ("Ndhlovu") in which the court held that an informal admission made by one accused could be admitted against a co-accused even if the accused in court denies making the statement and the statement itself is therefore considered to be hearsay. The court in Ndhlovu applied section 3 of the Law of Evidence Amendment Act 45 of 1988 and found that the hearsay extra curial admission could be admitted in the interests of justice. In Litako the court found that section 3 did not overrule an existing common law rule, which is that the extra curial statement of an accused (whether an informal admission or a confession) cannot be tendered against a co-accused. This is because section 3 does not expressly overrule this common law rule. Rather, the pr...
Owing to their frequent contact with children, pharmacists should have a duty to act in the best ... more Owing to their frequent contact with children, pharmacists should have a duty to act in the best interests of the child. This premise echoes section 28(2) of the Constitution of the Republic of South Africa. Although it is mandatory for certain persons to report the abuse or neglect of a child according to the Children’s Act 32 of 2005, pharmacists are omitted from the ambit of this act. However, the use of mandatory reporting to curb the abuse and neglect of children is controversial. Despite the challenges associated with mandatory reporting, it is argued that it is far more beneficial to include mandatory reporting in the state’s extensive arsenal against child abuse and neglect than to omit it. It is recognised that mandatory reporting alone is not a panacea; it must work in tandem with other state interventions to improve the plight of children. The authors therefore call for an amendment to be made to the Children’s Act, whereby pharmacists and other categories of pharmacy sup...
Clinical Background: Chronic kidney disease (CKD) is a condition that causes important limitation... more Clinical Background: Chronic kidney disease (CKD) is a condition that causes important limitations to patients' lives. The limitations imposed as a result of the disease end up hampering the exercise of citizenship by individuals, including work and daily activities. Epidemiology: The prevalence of CKD in Brazil, India, Nigeria, Portugal, and South Africa is, respectively, 5.8-25.2, 13-17.2, 7.8-23.5, 6.1-20.7, and 6.4-17.3%, and is higher among the most disadvantaged populations. Challenges: The present study intends to make an intersection between health sciences, considering the reality faced by the patient with CKD, and the legal perspectives regarding the protective dimension of the right to healthcare and the access of these individuals to a better quality of life. Despite differences in size, population, and human development, there are some similarities among countries in the normative approach regarding the right to healthcare of patients with CKD. The study was develop...
The article critically examines the judgment in ex parte Somers (1927) 48 NPD 1 from both a legal... more The article critically examines the judgment in ex parte Somers (1927) 48 NPD 1 from both a legal and personal perspective. The judgment details the case of an Indian South African who requested the Court to grant his admission as a candidate attorney. The Court refused his application on the basis that he could not complete the set of courses required by the Supreme Court Rules, as his admission to Natal University College had been denied. Without detailing the reasons for the College's refusal, the Court reinforced the College's racial discriminatory policies. The article examines the judgment from two perspectives: courtrooms as a space of protest; and racial exclusion at law schools and the legal profession. Keywords: Racial discrimination, courtroom as a space of protest, law schools, legal profession
Currently, a child cannot provide a statement without parental or guardian consent. This limits t... more Currently, a child cannot provide a statement without parental or guardian consent. This limits the child’s right to participate fully in matters which affect the child. Indeed, it also impacts the fact-finding process of an investigation. In terms of international conventions and the Children’s Act 38 of 2005, child participation is a cornerstone of children’s rights. This note proposes that South African law recognise adolescent autonomy — specifically, an adolescent’s competence to provide a statement in matters affecting the child. An adolescent’s stage of growth (physical and mental) makes the child capable of understanding the consequences of such conduct, and the child’s developing agency and cognitive abilities mean that the child may wish to do so. The note proposes that the law recognise the autonomy of a child who is twelve years or older to provide an unassisted statement in legal fora.
Currently, a child cannot provide a statement without parental or guardian consent. This limits t... more Currently, a child cannot provide a statement without parental or guardian consent. This limits the child’s right to participate fully in matters which affect the child. Indeed, it also impacts the fact-finding process of an investigation. In terms of international conventions and the Children’s Act 38 of 2005, child participation is a cornerstone of children’s rights. This note proposes that South African law recognise adolescent autonomy — specifically, an adolescent’s competence to provide a statement in matters affecting the child. An adolescent’s stage of growth (physical and mental) makes the child capable of understanding the consequences of such conduct, and the child’s developing agency and cognitive abilities mean that the child may wish to do so. The note proposes that the law recognise the autonomy of a child who is twelve years or older to provide an unassisted statement in legal fora.
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