Customary law is without doubt the oldest system of law in most African societies. These societies were communal, with their headmen, chiefs and kings as the leaders. The administration of justice ...within these societies lay in the hands of the traditional leaders. Within such a structure, a feature which was predominant in customary practices was patriarchy. In other words, traditional leadership was male dominated and in the traditional justice administration the difference between men and women was apparent. With the arrival of colonialism in South Africa the nature of traditional court structures was changed. On the one hand there was the African customary law practised among black South Africans, and on the other the Western justice system which was applicable to all races. In order to formalise and regulate the interaction between the two systems, the Black Administration Act was introduced in 1927. This Act, among other things, legitimised the application of customary law among black South Africans and enabled the country's courts to give recognition to it. The Act brought a system of control over the manner in which the customary courts functioned. The courts were divided into courts of chiefs and courts of headmen, with the result that there was a system of hierarchy put in place specifically for Africans. Khumalo posits that during the administration of traditional justice any adult male could cross-examine witnesses, as there were no strict rules on evidence. This goes to show that the proceedings were informal. However, this in no way meant that the justice delivered in such customary courts was not to the satisfaction of the parties. The colonisers allowed the courts to use any procedure as long as their proceedings did not disrupt public policy and justice.
Full text
Available for:
IZUM, KILJ, NUK, PILJ, PNG, PRFLJ, SAZU, UL, UM, UPUK
Traditional justice systems have been in place for a very long time in South Africa and in Africa in general. They are characterised by informal systems that are not beset by the normal ...technicalities prevalent in formal justice systems. In recent times South Africa has sought to do away with the Black Administration Act, which was the regulating legislation on traditional justice systems, by introducing the Traditional Courts Bill. Initially introduced in Parliament in 2008 and withdrawn for another tabling in 2012, the Bill has been met with much criticism. Instead of venturing on a clause by clause analysis of the provisions of the Bill this note considers selected aspects of it which are perceived to be significant and which have courted controversy. These are ascertainment, legal representation, jurisdiction, gender, and the hierarchy of courts. The essential arguments are that the Bill has not been properly aligned with the Traditional Leadership and Governance Framework Act 41 of 2003 (as amended in 2009) or the Constitution of the Republic of South Africa, 1996 and that the above issues have not been addressed adequately or are at times only vaguely addressed. The note also considers various provisions from other African countries with similar legislation and which also regulate on the same issues, for the purposes of identifying better ways of addressing the selected issues.
Full text
Available for:
IZUM, KILJ, NUK, PILJ, PNG, PRFLJ, SAZU, UL, UM, UPUK
On Friday, March 9, 2018 the five-judge Constitution Bench (CB) of the Supreme Court of India (SCI) chaired by Dipak Misra, the Chief Justice of India, pronounced its judgment (1) (henceforth CC ...judgment) granting, for the first time in India, legal recognition to "advanced medical directives" or "living wills", ie, a person's decision communicated in advance on withdrawal of life-saving treatment under certain conditions, which should be respected by the treating doctor/s and the hospital. It also reiterates the legal recognition of the right to "passive euthanasia"; and draws upon Article 21 - the right to life - of the Constitution of India (henceforth Constitution) (2) interpreting robustly that the "right to life" includes the "right to die with dignity". Justices Misra and Khanwilkar disposed of the writ petition filed in 2005 by Common Cause (3) (henceforth CC petition) saying, "The directive and guidelines shall remain in force till the Parliament brings a legislation in the field" (1:p 192).
Sao Paulo - For the first time in its 177-year history, the National Observatory, headquartered in Rio de Janeiro, can count on a regular and promising source of revenue. The institute, which ...maintains the Brazilian Legal Hour, began last year to sell its synchronization services at R$1,000 a month, and it already has closed ten contracts, including with the Central Bank (CB), the Superior Court of Justice (STJ) and Brasil Telecom. There is a rising demand, primarily in the government, in the financial market and in the telecommunications market, for the exact time.
The genesis of this regulatory framework can be linked to a landmark judgment on August 24, 2017, when a 9-Judge bench of the Hon'ble Supreme Court in the case of Justice K.S. Puttaswamy (Retd.) and ...Anr. vs Union of India and Ors., (2017-TIOL-311-SC-MISC-CB), recognized the right to privacy as a fundamental right under Article 21 of the Constitution of India. In this context, India has now introduced a dedicated law for the protection of its citizens' personal data. ...rules and procedural compliances are formulated, it is prudent for all data fiduciaries to prepare diligently, ensuring a smooth adoption of compliance requirements under the law by all relevant individuals and entities. The term ‘Data' used in the legislation refers to representation of information, facts, concepts, opinions, or instructions presented in a manner suitable for communication, interpretation, or processing by either human beings or automated means. ...they are obliged to comply with the mandatory provisions outlined in this Act.
PDF
