Testifying in camera and by video link in the labour context in South Africa: Challenges and opportunities

by | Oct 3, 2019 | ILJ, ILJ V40 I1

Testifying in camera and by video link in the labour context in South Africa: Challenges and opportunities

Authors Nicci Whitear

ISSN: 2413-9874
Affiliations: Senior Lecturer, University of KwaZulu-Natal, Pietermaritzburg
Source: Industrial Law Journal, Volume 40 Issue 1, 2019, p. 26 – 40

Abstract

Generally, when witnesses give evidence their identities are known to all, and they are physically present at the hearing venue. They give oral evidence that may be challenged in cross-examination, and their demeanour can be scrutinised by the presiding officer to assist in gauging the witnesses’ credibility. There are some exceptions to these general rules though, and this article considers two of them. The first exception is where witnesses present their evidence in camera and the second where evidence is given remotely via video-conference facilities. In this article I consider, inter alia, the developments in our civil courts and in the various statutory labour dispute resolution forums where witnesses have been allowed to testify via technology, notably video-conferencing software, from a location which is geographically remote from the court or arbitration room. I note that this trend is consistent with developments in the rest of the world, and discuss a recent judgment of the High Court where the judge commented that South African law was lagging behind foreign jurisdictions as it had not yet developed a statutory framework for remote witness testimony. In this article I consider the pros and cons of giving evidence by way of video-conference facilities, against the background of the types of statutory frameworks for video-link evidence that exist elsewhere. I also discuss the rules regarding giving evidence in camera, and suggest that allowing a witness who has been granted permission to testify in camera to do so from a safe, secret location by way of a video link may provide an additional layer of protection for that witness.

Parental rights: Progress but some puzzles

by | Oct 3, 2019 | ILJ, ILJ V40 I1

Parental rights: Progress but some puzzles

Authors Alan Rycroft, Carren G Duffy

ISSN: 2413-9874
Affiliations: Professor of Commercial Law at the University of Cape Town; Lecturer in Management Studies at the University of Cape Town
Source: Industrial Law Journal, Volume 40 Issue 1, 2019, p. 12 – 25

Abstract

The Labour Laws Amendment Bill, a Private Member’s Bill, has finally been passed by Parliament and assented to by the President after a wait of several years. The primary aim of the legislation is to provide that an employee, who is a parent of a child, is entitled to at least ten consecutive days’ parental leave. This is expressed in a gender-neutral way and is intended for the parent who is not the primary nurturer. Section 27 of the BCEA is amended so that family responsibility leave will no longer apply when a child is born. In this article four main questions are posed: (1) Do the provisions promote gender equality? (2) Are the provisions non-discriminatory? (3) Will the inclusion of paternity leave rights result in utilisation? and (4) Does the proposed legislation take in account the African context? Our analysis suggests that while the amendments aim to promote gender equality, there remain concerns that as they stand they are discriminatory. The provision of increased benefits for traditional and atypical family structures is a necessary change, albeit the distribution of leave benefits is unequal and cannot be shared. Additionally, while it is not uncommon for leave entitlements to be paid according to the UIF, the practical implications of this in a developing country will result in some families being disadvantaged. As for the utilisation of parental leave rights, we have noted that there are warnings from other countries that employers need to be supportive of parental leave in order to combat perceived disadvantages in taking such leave.

Fraud risk governance: Incident management and response

by | Oct 3, 2019 | CREP, CREP V5I3

Fraud risk governance: Incident management and response

Authors Peter Goss

ISSN: 2519-7886
Affiliations: Executive committee (EXCO) member at SizweNtsalubaGobodo; founder member of the Association of Certified Fraud Examiners (ACFE) in South Africa, a full member with the Institute of Commercial Forensics Practitioners (ICFP) and a Certified Forensic Investigation
Source: The Corporate Report, Volume 5 Issue 3, 2015, p. 32 – 37

Abstract

None

Shaken to the very foundation

by | Oct 3, 2019 | CREP, CREP V5I3

Shaken to the very foundation

Authors Dean Fathers

ISSN: 2519-7886
Affiliations: Chair of Nottinghamshire Healthcare 2011. A Professor in Practice of Healthcare Management at Cass Business School; a Visiting Professor at Leeds Business School in the Centre for Governance, Leadership and Global Responsibility; a Professorial Fellow with the Institute of Mental Health; vice chair of the NHS Confederation’s Mental Health Network; and chair of the steering group ‘National evaluation review of Schwartz Round Centres’, King’s College, London. Senior independent director of both JRI Orthopaedics and Higos Insurance, and a non-executive director of Finegree
Source: The Corporate Report, Volume 5 Issue 3, 2015, p. 9 – 15

Abstract

None