Die regsetiese implikasies van buite-egtelikheid

In this article the author deals with the ethico-judiciary aspects of illegitimacy. Because of the stigma clinging to the illegitimate child, certain constraints have been imposed from the side of the authorities as well. These are then examined. Following a definition of the concept, the results of illegitimacy are considered in terms of the status of the child, its maintenance, inheritance, as well as certain non-juridical factors such as social, biological, religious and ethical factors. The important question of attitudes towards illegitimacy is then considered, with reference to changed attitudes in certain overseas countries, such as America, the Scandinavian countries, Britain, Italy, the Netherlands, and finally South Africa. It emerges then that a more sympathetic attitude towards both the child and the mother is evolving, in South Africa too. The changed attitudes of the community, however, do not suspend the constraints imposed upon the child by the law. The author feels, however, that as a result of the state's involvement with the problem of illegitimacy, the problem has shifted from the ethical to the field of the state, and the state now has to act to redress the balance. The author is of the opinion, further, that legislation should be developed to eliminate the legal constraints - if a sanction needs to be imposed, it should be imposed on the parents and not on the child. It is therefore noted with satisfaction that the Law Commission has proposed a Draft Bill in this regard to remove the legal constraints upon the illegitimate child

Regsvinding: Die nederlandse en duitse ervaring

The South African judiciary prefers non-critical interpretation of the law (especially legislation). In the Netherlands and Germany there is an ongoing debate on the role of the judiciary as lawmakers. In South Africa, however, the discussion of new ways of interpretation of legislation has up till now excluded this possibility. In this article a short overview of lawmaking in general is given. Following that, lawmaking in the interpretation of legislation is discussed with reference to the role of equity, the interpretation of general terms and phrases, the filling of gaps in legislation, the modification of strict law, the role of discretionary powers and the testing of legislation. The aim of the article is to add another point of view to the present debate on law reform, of which the interpretation of statutes is, amongst other aspects, a central theme. This is especially relevant considering the role of the Smith African judiciary subsequent to the introduction of a Bill of Rights

Die reg op inligting: 'n regsteoretiese begronding

In this article the author discusses the theoretical background to a right to information. Recent events as the restriction on information regarding the 1975-1976 Angolan war, the Information Scandal in 1977-1978, and the regulations regarding the distribution of information during the present state of emergency are only some examples of the way in which the state withholds information from the individual. Very few countries in the world can claim domestic peace. Economical, political and social affairs have to be adapted constantly. In this process the administration of the state grows, and with it, bureaucracy. Private concerns group together and form powerful organizations. The individual plays an increasingly insignificant role in this society and his rights and liberties are encroached upon in a variety of ways

Universiteit in aanvraag

Die geskiedenis van die Wes-Europese universiteit is in ’n bepaalde opsig vergestalting van sy worsteling om eenheid en samehang in die wetenskappe. Selfs die historiese lyne insake die verhouding tussen universiteit (studium) en kerk (sacerdotium) in die Middeleeue is aanduiding van hoe gedink is oor Filosofie (wete) en Teologie (geloof) as totaliteitswetenskappe in ensiklopediese sin. By die vraag hoe die samehang van die weten- skap te waarborg is, het ’n „Streit der Fakultáten” nie uitgebly nie. Die vraag na die univertas gee steeds aanleiding (of ’n poging) tot 'n nuwe wetenskapsindeling

House of traditional leaders: Role, problems and future

No Abstract

Grepe uit die eksistensialistiese etiek

In die jongste tyd is die moderne mens doodbang vir alle etiese programme, vir ’n Etiek waarin vir alle mense en tye voorgeskrewe reels, hoe ’n mens in elke situasie moet handel, gegee word

Wetenskap op weg na 'n nuwe identiteit en samewerking

A traditional approach in Calvinist philosophy is to start with an analysis of cosmic diversity in order to find the identity of a particular phenomenon, and then to end with an account of the inter-relatedness between the phenomenon and other things. Although Stoker's philosophy tries to keep a balance between diversity and coherence as an entrée to reality - his later publications reflected a remarkable shift hy emphasising the coherence and contextual meaning of things. Taking the coherence and contextual meaning of things as the point of departure, this article explores a converse version of the traditional approach by using coherence (and not identity) as a means to sound out some new meanings of science and scientific co-operation. An indication of transdisciplinary co-operation is rendered in terms of the preponderance of reality‘s call upon man to be known and cared for. The article ends with a few examples of unusual concepts that may serve as a revised index to identify world-friendly and humane scientific activities

Toekomskunde as morele verantwoordelikheid

Vir meeste van ons kortsigtiges het die jaar 2000 ’n veraf, ma- giese en newelagtige assosiasie. Ons praat baie makliker van ons er- varing van en herinnering aan die Smutsregering en die Tweede Wêreldoorlog wat 32 jaar gelede geëindig het. Maar ons voer vol- struispolitiek oor die jaar 2000 wat maar 23 jaar om die draai lê. Oor 23 jaar is die huidige geslag studente so oud soos baie van ons huidige personeel.

The value of water in the South African economy: Some implications

The South African Water Research Commission (WRC) initiated a number of research projects aimed at determining the value of water in different sectors of the economy and in different parts of the country. This research is reviewed. Water values were found to differ significantly between sectors, between geographic areas and within geographic areas. As agriculture is a large consumer of water several studies along different rivers were undertaken, including studies on water quality. Average ratios indicate that agriculture is an inefficient user of water in terms of gross income generated per unit of water and also in terms of jobs created per unit of water. Irrigation farming is, however, an important employer of labour while it contributes 30% to the value of farm output. A marginal approach and water demand elasticities also indicate that non-agriculture generally places a high value on water assurance but little value on more than what it already uses. This may indicate that although water is expected to transfer out of agriculture in the longer run, in the short run agriculture may be its best use. Water efficiency could be significantly enhanced if transfers within and between river reaches are promoted, as water shadow prices differ. Inputs from the Department of Water Affairs and Forestry (DWAF) are important in water allocation due to socio-economic and environmental externalities of water allocation.Resource /Energy Economics and Policy,