Skills Development and Capacity Building within the Oceans Economy

by | Apr 16, 2022 | SAJMET, SAJMET V1

Skills Development and Capacity Building within the Oceans Economy

Author Nwabisa Matoti

ISSN: 2790-783X
Affiliations: South African International Maritime Institute (SAIMI)
Source: South African Journal of Maritime Education and Training, Volume 1 Issue 1, p. 53-62
https://doi.org/10.47348/SAJMET/2022/i1a6

Abstract

Skills development has been identified as one of the key contributors to the growth of  the oceans economy. Capacity building in terms of ensuring that there are adequate  resources, that is, human, physical and financial resources, to enhance the delivery  of skills development initiatives is critical. The skills shortage challenge in South  Africa mirrors global conditions, characterised by a mismatch between the supply  and market demand for skills. South Africa’s National Development Plan (NDP)  emphasises the need for skills development in order to enhance the economic growth  that could be brought about by an expanded skills base through better education and  vocational training. The maritime sector workforce needs to be adequately skilled  and be able to adapt to diverse environments and technological advancements.  Inroads have been made into a bid to improve skills in the maritime sector through  a number of initiatives that have been launched. This article will explore these  initiatives as well as challenges that still need to be addressed within the skills  development and capacity building focus area. 

South African Maritime Skills Supply and Demand

by | Apr 16, 2022 | SAJMET, SAJMET V1

South African Maritime Skills Supply and Demand

Author Derek Zimmerman

ISSN: 2790-783X
Affiliations: Rand International Capital, Gqeberha, South Africa.
Source: South African Journal of Maritime Education and Training, Volume 1 Issue 1, p. 63-70
https://doi.org/10.47348/SAJMET/2022/i1a7

Abstract

The South African International Maritime Institute (SAIMI) is engaged in  answering the questions that centre around whether the country’s maritime skills  supply matches the industry’s demand. The SAIMI commissioned a study1 to  evaluate the maritime skills situation in South Africa, culminating in a final report  in 2019. The purpose of this study was to determine the overall demand for maritime  and ocean economy skills in order to grow the sector, and to determine whether there  is adequate capacity within the skill supply framework to meet this demand. This  exercise required an assessment of the anticipated demand and the current supply of  skills capacity in South Africa, with any surplus or deficit being clearly highlighted.  The author investigated a number of credible studies and international best practice  examples within a framework supported by the latest skills data about the supply  and demand dynamics in the maritime economy arena. It was found that South  Africa is producing graduates with maritime-related qualifications in sufficient  numbers, but not with the relevant types of skills required by the industry, which are  mainly technical and professional maritime skills. A shift in emphasis is required  to prioritise scarce, critical and future-proof skills for the growth of the maritime  economy, with a particular emphasis on the maritime skills that will be needed in the  context of the fourth industrial revolution (4IR).  This work was presented to a representative platform of stakeholders in industry,  academia and government at the SAIMI Forward Thinking Conference for  Maritime Education and Training Excellence2 to review current maritime skills  capacity against future demand and to consider collaborative and collective ways to close the skills gap. The outcome of the conference confirmed this report’s findings  and recommendations to address these shortcomings.  A focussed and driven programme is required within the South African maritime  environment to align and accelerate all maritime education, research and skills  enhancement to the market needs of the maritime sector, with the private sector  directly involved throughout. 

Forward Thinking for Leading Excellence in Maritime Education and Training

by | Apr 16, 2022 | SAJMET, SAJMET V1

Forward Thinking for Leading Excellence in Maritime Education and Training

Author Momoko Kitada

ISSN: 2790-783X
Affiliations: World Maritime University
Source: South African Journal of Maritime Education and Training, Volume 1 Issue 1, p. 71-78
https://doi.org/10.47348/SAJMET/2022/i1a8

Abstract

In the wake of the fourth industrial revolution (4IR), maritime labour and skills  needed for the future maritime industry are in question. The role of maritime  education and training (MET) has become even more important to equip young  people with necessary skills and support the growth of maritime industries. Based on  a review of the literature on the impact of 4IR on maritime jobs, this paper proposes  a human-centred approach to design the future maritime industry with various  stakeholders. While appreciating scenario-based planning to prepare for the future,  the paper discusses how South African readiness to technology would potentially  provide an opportunity for forward thinking for leading excellence in maritime  education and training. 

The History of the Creation of the Customary Law of Marriage and Divorce in the Natal Colony, Zululand and Kwazulu from 1869 to 1985

by | Apr 15, 2022 | FUND, FUND V27I2

The History of the Creation of the Customary Law of Marriage and Divorce in the Natal Colony, Zululand and Kwazulu from 1869 to 1985

Author Mothokoa Mamashela

ISSN: 2411-7870
Affiliations: Research fellow, UKZN
Source: Fundamina, Volume 27 Issue 2, p. 1-38
https://doi.org/10.47348/FUND/v27/i2a1

Abstract

This contribution discusses the creation of an official, colonial version  of the customary law of marriage and divorce in the Natal colony and  Zululand by the colonial administration. Traditional African institutions,  hereditary traditional leaders and their courts were replaced with  magistrates and British officials at public and administrative levels.  Customary law was codified, thus robbing it of its diversity, flexibility  and dynamism.  In traditional customary law a marriage was constituted in several  ways: arranged, forced, woman to woman, sororate and levirate  marriages occurred. However, the Natal colonial administration prohibited  these types of marriages, viewing them as repugnant to the  administration’s sense of morality and justice. A customary marriage  was also family-centred and processual; it united two families and not  only two individuals, and it took a long time to come into existence.  This characteristic of a customary marriage was also drastically  changed by the Natal colonial administration by removing it from the  purview/control of the family to the individuals themselves in that the  bride and groom were encouraged to choose their partners and to give  their consent freely to their own marriage. Marriage and divorce were  individualised and the couple’s families were gradually left out.  The principle regarding irretrievable breakdown of a marriage was  replaced with the guilt principle. In addition, five common-law grounds  for divorce were introduced into the customary law of divorce, and the  inquisitorial procedure was replaced with the adversarial one.  Patriarchy, one of the tenets of customary law, was diminished  through legislation that whittled down the excessive powers that fathers  had over their children. The legislation sought to endow women and  children with basic human rights and the gradual recognition of their  property rights. Colonial administrative changes meant that polygyny  and ilobolo were discouraged; that marrying more than one wife was  seen as enslavement of women; and that the transfer of ilobolo was  misinterpreted as the selling of women. 

Mandatory Bail in Uganda: Understanding Article 23(6) of the Constitution in the Light of its Drafting History

by | Apr 15, 2022 | FUND, FUND V27I2

Mandatory Bail in Uganda: Understanding Article 23(6) of the Constitution in the Light of its Drafting History

Author Jamil Ddamulira Mujuzi

ISSN: 2411-7870
Affiliations: Professor, Faculty of Law, University of the Western Cape
Source: Fundamina, Volume 27 Issue 2, p. 38-66
https://doi.org/10.47348/FUND/v27/i2a2

Abstract

Article 23(6)(a) of the Ugandan Constitution of 1995 provides that an arrested person is entitled to apply to court for discretionary bail. If a person has been awaiting trial for a specified number of days, article 23(b) and (c) obligates a court to release him/her on mandatory bail. This contribution analyses more than one hundred judgments of the Ugandan courts to determine how the question of bail, especially mandatory bail, has been dealt with judicially. Since article 23(6) does not expressly provide for the right to bail, the Ugandan Constitutional Court has come to conflicting conclusions on the question of whether article 23(6) provides for the right to be released on bail; for the right to apply for bail; or for both the right to apply for bail and to be released on bail. Relying on the drafting history of article 23(6), the author argues that the intention of the Constituent Assembly was to provide for the right of arrested persons to be released on bail. Article 23(6) also provides for mandatory bail. However, in some decisions, the High Court held that the right to mandatory bail does not fall away the moment at which a person who qualifies for it in terms of article 23(6) is committed to the High Court for trial. Based on the drafting history and literal interpretation of article 23(6), it is submitted that the moment an accused’s trial commences in a subordinate court or when they are committed to the High Court, their right to mandatory bail falls away. In addition, the High Court has held that a person who qualifies for mandatory bail is required to prove exceptional circumstances before they can be released on bail. This contribution argues that no such burden of proof exists.

The Pirate as Hostis Humani Generis: the Illegitimate Enemy

by | Apr 15, 2022 | FUND, FUND V27I2

The Pirate as Hostis Humani Generis: the Illegitimate Enemy

Author Vishal Surbun

ISSN: 2411-7870
Affiliations: LLB LLM (Maritime Law) PhD (University of KwaZulu-Natal). Senior lecturer, School of Law, University of KwaZulu-Natal. Attorney and Notary Public of the High Court of South Africa
Source: Fundamina, Volume 27 Issue 2, p. 67-86
https://doi.org/10.47348/FUND/v27/i2a3

Abstract

Alongside the widely accepted definition of maritime piracy, the phrase hostis humani generis or “enemies of all humankind” has been frequently used in piracy jurisprudence and scholarship. This contribution traverses the historical usage of the phrase in academic commentaries and finds that while a literal translation of the phrase has mostly remained the same over the centuries, there has been no consistent definition and contextualisation of the term “enemy”. In this context, the contribution then investigates whether the phrase is a reliable epithet, and whether it should be seen as part of the definition of “pirate”.

Raising the Yellow Flag: Legal Regulation to Contain the Spread of Smallpox and Other Contagious Diseases in the Zuid-Afrikaansche Republiek

by | Apr 15, 2022 | FUND, FUND V27I2

Raising the Yellow Flag: Legal Regulation to Contain the Spread of Smallpox and Other Contagious Diseases in the Zuid-Afrikaansche Republiek

Author Liezl Wildenboer

ISSN: 2411-7870
Affiliations: Senior lecturer, Department of Jurisprudence, College of Law, University of South Africa
Source: Fundamina, Volume 27 Issue 2, p. 87-124
https://doi.org/10.47348/FUND/v27/i2a4

Abstract

Although the Cape had experienced frequent outbreaks of smallpox and other epidemics since the early eighteenth century, the first smallpox epidemic only started in the Zuid-Afrikaansche Republiek (ZAR) much later, in the 1890s. This contribution takes a closer look, first, at the regulation of the medical profession in the ZAR, and, secondly, at the government’s attempts to prevent the spread of the disease with the promulgation of the Contagious Diseases Law 12 of 1895. That law also attempted to prevent the spread of other diseases, such as syphilis and leprosy, although the latter would eventually be regulated in terms of the Leprosy Law 15 of 1897.

Independent judicial research of forensic evidence in criminal trials – A South African perspective

by | Apr 15, 2022 | SACJ, SACJ V34 I3 2021

Independent judicial research of forensic evidence in criminal trials – A South African perspective

Author: Jo-Marí Visser

ISSN: 1996-2118
Affiliations: BSc BMedSc Hon (UFS) MSc Med Crim (UP) LLB, LLD (UFS), Senior lecturer, Department of Public Law, University of the Free State
Source: South African Journal of Criminal Justice, Volume 34 Issue 3, p. 415 – 441
https://doi.org/10.47348/SACJ/v34/i3a1

Abstract

As forensic scientific evidence becomes not only more advanced but progressively more important in criminal trials, so too does the pressure on presiding officers to accurately assess such evidence, not only for admissibility but also reliability. In the United States of America (USA), judges are mandated to act as gatekeepers of expert opinion and as such are tempted to engage in independent judicial research of science and medicine to accurately fulfil this gatekeeping duty. This temptation is intensified by the information explosion on the Internet and the vast array of available information, both legal and non-legal in nature. While courts are entitled to conduct legal research in deciding disputes, controversy and ambiguity exist on whether judicial research on facts should be allowed. In South Africa, the Constitutional Court in S v Van der Walt 2020 (2) SACR 371 (CC) focused on procedural fairness and held that independent judicial research violates accused persons’ right to challenge evidence in terms of s 35(3)(i) of the Constitution. But a blanket prohibition on this type of judicial research excludes many significant advantages that could potentially secure more accurate decisions. This article considers the legal positions on independent judicial research in the USA and South Africa, reviews the pros and cons of such research, and finds that a flexible approach might alleviate some dangers and exploit some advantages.

The Black Flame (part two): Snyman’s Criminal Law

by | Apr 15, 2022 | SACJ, SACJ V34 I3 2021

The Black Flame (part two): Snyman’s Criminal Law

Author: Tshepo Bogosi Mosaka

ISSN: 1996-2118
Affiliations: LLB (Wits) LLM (UCT) PhD (Nottingham), Lecturer in Law, Faculty of Law, University of Cape Town
Source: South African Journal of Criminal Justice, Volume 34 Issue 3, p. 442 – 460
https://doi.org/10.47348/SACJ/v34/i3a2

Abstract

This is the second of a trilogy of papers (entitled after WEB du Bois’s trilogy of novels titled The Black Flame) reviewing Snyman’s Criminal Law. The decision to commence working on the review was made after encountering the unprecedented section on African customary law in the latest edition of the book. This is a major achievement for this work that promises an exciting change of direction. This paper focuses on four areas in which the book can proceed further into this new direction. These include: (i) a comprehensive clarification of the underlying jurisdictional complexity within which South African criminal law (as inheritor of Roman-Dutch and English law) currently finds itself; (ii) the comparative nature and source of Snyman’s preferred arrangement of his general principles of criminal liability; (iii) the brief account of legal history in the introductory section; and (iv) the section on African customary criminal law. The overall argument made is that a northbound-gazing criminal law scholarship makes comparative criminal law between South Africa and European jurisdictions virtually impossible. The next edition of Snyman’s Criminal Law will be served better by a comparative focus on African jurisdictions and less on Europe.

The right to bail pending trial in Uganda

by | Apr 15, 2022 | SACJ, SACJ V34 I3 2021

The right to bail pending trial in Uganda

Author: Jamil Ddamulira Mujuzi

ISSN: 1996-2118
Affiliations: LLB (Makerere) LLM (Pretoria) LLM (Free State) LLD (Western Cape), Professor of Law, Faculty of Law, University of the Western Cape
Source: South African Journal of Criminal Justice, Volume 34 Issue 3, p. 461 – 481
https://doi.org/10.47348/SACJ/v34/i3a3

Abstract

Article 23(6)(a) of the Constitution of Uganda (1995) states that an arrested person is ‘entitled’ to apply to court for bail (discretionary bail). Articles 23(b) and (c) require a court to release on bail a person who has been awaiting trial in custody for a specified number of days (mandatory bail). Jurisprudence of Ugandan courts on bail pending trial shows that courts have dealt with two main issues: the right to bail or to apply for bail; and the conditions for granting of discretionary bail pending trial. The Supreme Court has held that an accused has a right to apply for bail. In this article, the author argues that the drafting history of Article 23(6)(a) shows that an accused has a right to bail (as opposed to just apply for bail). The author also demonstrates how courts have been inconsistent in many cases when dealing with the conditions for granting of discretionary bail pending trial. It is argued further that since the Ugandan government is increasingly re-arresting opposition politicians who have been granted bail by the high court, Ugandan courts may explore the possibility of granting anticipatory bail. It is also argued that the drafting history of Articles 129(d) and 210 of the Constitution shows that courts martial are courts of judicature and subordinate to the high court which means, inter alia, that the high court has the power to release an accused on bail should the general court martial refuse to release him/her on bail.