South Africa’s principal corporate governance report aspires to an ‘inclusive’ approach to corporate governance, in which companies are clearly advised to consider the interests of a variety of stakeholders. Yet, in common with many other countries, there is little discussion of the theoretical foundations and assumptions implicit in the recommended approach to corporate governance. The purpose of this article is to provide an analysis of corporate governance and the corporate environment in South Africa in terms of (...) existing theory and models of corporate governance, and to provide a critique based on a consideration of traditional African values and the socio-economic necessities of post-apartheid South Africa. The result is the identification of an incompatibility between the current corporate environment in South Africa and the given exposition of African values. Some prospects for change are then identified. (shrink)

South Africa's principal corporate governance report aspires to an 'inclusive' approach to corporate governance, in which companies are clearly advised to consider the interests of a variety of stakeholders. Yet, in common with many other countries, there is little discussion of the theoretical foundations and assumptions implicit in the recommended approach to corporate governance. The purpose of this article is to provide an analysis of corporate governance and the corporate environment in South Africa in terms of (...) existing theory and models of corporate governance, and to provide a critique based on a consideration of traditional African values and the socio-economic necessities of post-apartheid South Africa. The result is the identification of an incompatibility between the current corporate environment in South Africa and the given exposition of African values. Some prospects for change are then identified. (shrink)

Inside the Constitutional Court of South Africa hangs Judith Mason’s artwork, entitled The Man Who Sang and the Woman Who Kept Silent, more commonly known as The Blue Dress. Mason created the artwork to commemorate Phila Ndwandwe and Harold Sefola after hearing testimony from the perpetrators of their deaths at the South African Truth and Reconciliation Commission (TRC). In this article I explore how The Blue Dress contributes to the reimagining of human rights culture in South (...) Africa in three key ways. First, the artwork is a symbolic reparation that recognizes the harm suffered under apartheid. Second, the artwork is an alternative record of women’s experiences of sexual violence; experiences which are largely absent from the official TRC record. Third, the artwork is a form of judicial consciousness which keeps the past alive so that a different future can be imagined. I argue that The Blue Dress instantiates an “ethics of responsibility” in post-apartheid human rights discourse. That is, the responsibility to remember past violations of human rights in order to prevent future ones and the responsibility to recognize past triumphs of human rights in order to support future ones. The article draws on seven months of participant observation fieldwork at the Court, which included fifty-four interviews with judges, clerks, staff members, advocates, artists, curators, and visitors, as well as visual and archival research. (shrink)

BackgroundWhenever South African research institutions share human biological material and associated data for health research or clinical trials they are legally compelled to have a material transfer agreement in place that uses as framework the standard MTA newly gazetted by the South African Minister of Health.Main bodyThe article offers a legal analysis of the SA MTA and focuses on its substantive fit with the broader legal environment in South Africa, and the clarity and practicality of its (...) terms. The following problematic aspects of the SA MTA are highlighted: Where only data and no human biological material are transferred, the SA MTA does not apply, leaving a lacuna; Health Research Ethics Committees are required to be parties to a MTA despite it being outside their legal mandate and undermining their oversight function; the SA MTA’s consent provisions are not aligned with extant law; and, similarly, its provision on donor ownership is misaligned with extant law; its creation of fictitious performance can only cause frustration on the part of an injured party; its benefit-sharing provision is vague and will have little practical effect; its dispute-resolution provisions fail to adequately protect South African research institutions and research participants; it fails to provide substantive guidance regarding intellectual property as its provisions relating to intellectual property may cause practical problems; and, finally, its data privacy provision is insufficiently specific, is overbroad, and fails to provide terms that in general would facilitate the international sharing of human biological material and associated data in terms of existing privacy law.ConclusionsWhile some of the problematic aspects of the SA MTA are intricate and require consultative processes with stakeholders and others, to develop comprehensive solutions, most of the problematic aspects can be resolved immediately through amendments by the South African Minister of Health. The formulation of such amendments is proposed and, where possible, interim measures are suggested that may ameliorate the problems presented by the SA MTA. (shrink)

With the struggle against apartheid achieved, South Africa faced the new struggle of overcoming the HIV/AIDS pandemic. This paper examines the response of government, the innovation system and civil society in rising to the challenge. The response included a fatal denialism concerning the etiology of AIDS, a fatalism that constitutes political market failure. This political market failure was counteracted through the emergence of social entrepreneurship in the form of the Treatment Action Campaign that mobilized civil society and like-minded (...) health practitioners and researchers within the innovation system. Dependency Theory coupled with a Quadruple Helix model of the innovation system offer possible explanations of this complex human tragedy and the way that government was compelled to embark on a massive program of providing anti-retroviral therapy that has now significantly improved life expectancy. The paper provides socio-economic context, appraisal of the innovation system, and a sketch of how the Quadruple Helix took form. Of special importance is the independence of South Africa’s ‘Republic of Science.’ Independent courts were critical in allowing TAC to obtain remedy against government, Big Pharma, and AIDS dissident scientists. It is argued that its Republic of Science met its obligation of objectivity by shifting emphasis to the cause of AIDS research in the face of official denialism. In effect, the system of innovation and social entrepreneurs are shown to have acted in concert in constituting a Quadruple Helix. (shrink)

This article proceeded from the assumption that the theme of service delivery in present-day South Africa could well be qualified by the notion of 'crisis', to the extent that this qualification, from a theological perspective and on the basis of comparative social analysis, well recalls the statements in such critical and profound theological documents as The Kairos Document and Evangelical Witness in South Africa on the 'crisis' in the latter years of apartheid. The further recognition that (...) the theme of service delivery constitutes an essentially new focus for practical-theological scholarship in South Africa led the author, who has a pertinent interest in the field of Christian diaconia, to thereupon go the full circle of practical-theological interpretation in developing such a focus. This was done by, firstly, attempting to develop a deeper contextual understanding of the problem of service delivery in the country on the basis of the prevailing debate on service delivery in South Africa, after which the ideas from conceptualisations of two different modes of diaconal practice within contexts of endemic poverty in the practical-theological literature were explored. The discussion concluded with a more pertinent consideration of the extent to which these two conceptualisations could be taken as providing direction in conceptualising a transformational diaconal response to the current service-delivery problem. (shrink)

South African law currently forbids those seeking to arrange a surrogate motherhood agreement from creating a child that will not be genetically related to at least one of them. For a surrogacy contract to be legally valid, there must be a ‘genetic link’ between the child created through a surrogate and the parents who will raise it. Currently, this law is being challenged in the High Court of South Africa, and in this article I critically explore salient (...) ethical facets of the dispute. I argue that the law is unjust and should be revised. (shrink)

This essay claims that heterotopia is characteristic of post-Apartheid South Africa, i.e. where heterotopia is usually the exception in society, it is the norm in South Africa. This claim reinterprets and expands Foucault’s concept: heterotopia here refers to the racialization of place and space, and hence to otherness and difference as primary. The ubiquity of heterotopia post-Apartheid is evident in the life-worlds of white suburbia and the black township. A case study is undertaken of white suburbia (...) through a series of phenomenological descriptions of contemporary South Africa using heterotopia as a heuristic tool. This study demonstrates how Foucault’s notion of heterotopia is relevant but also too narrow when related to the postcolonial context. An expanded notion of the term as denoting a racialized experience of space and place is necessary for the purposes of coming to terms with the strangeness of post-Apartheid South Africa, where contradiction and otherness are the norm rather than the exception. (shrink)

By the standard of popular approval, the South African state has no legitimacy, since only whites are enfranchised and blacks are being denationalized. This institutionalized politicization of ethnicity increasingly erodes the efficiency of private and state institutions alike. Enforced ethnic identities without representative leadership undermine proposed liberal arrangements of negotiated power-sharing as well as the government policy of cooptation. In the absence of political democracy, politicized labor relations substitute for restricted mobilization elsewhere. There are three basic responses to this (...) legitimation crisis of the South African state: 1) the radical left response of revolutionary reversal of power 2) the reformist business response of co-optation and 3) the technocratic government response of further political separation with increased economic collaboration. (shrink)

During the Zimbabwean crisis, millions crossed through the apartheid-era border fence, searching for ways to make ends meet. Maxim Bolt explores the lives of Zimbabwean migrant labourers, of settled black farm workers and their dependants, and of white farmers and managers, as they intersect on the border between Zimbabwe and South Africa. Focusing on one farm, this book investigates the role of a hub of wage labour in a place of crisis. A close ethnographic study, it addresses the (...) complex, shifting labour and life conditions in northern South Africa's agricultural borderlands. Underlying these challenges are the Zimbabwean political and economic crisis of the 2000s and the intensified pressures on commercial agriculture in South Africa following market liberalization and post-apartheid land reform. But, amidst uncertainty, farmers and farm workers strive for stability. The farms on South Africa's margins are centers of gravity, islands of residential labour in a sea of informal arrangements. (shrink)

ABSTRACT This essay explores the question of what sorts of relations morality permits, requires, or forbids nations, businesses, and individuals to have with South Africa and South Africans. After reflecting on the immorality of apartheid and rebutting several defences of it, the essay turns its attention to several questions that bear on the assessment of foreign policy toward South Africa. The final sections discuss how individuals ought to respond to South African apartheid, focusing on (...) collective boycotts and personal abstentions. The essay critically assesses various proposed boycotts and weighs the significance of symbolic protests of apartheid. (shrink)

I critically evaluate South Africa’s Truth and Reconciliation Commission (TRC) in light of a philosophical interpretation of the southern African ethic of ubuntu. Roughly, according to this moral philosophy, an act or policy is right insofar as it honours communal relationships, ones of identifying with others and exhibiting solidarity with them. After spelling out this ethical principle and the specific kind of national reconciliation it prescribes, I show that there is a powerful justification for the TRC’s broad contours (...) as a tool to help foster national reconciliation in the mid 1990s. However, I also discuss respects in which the TRC was wanting in light of the sort of reconciliation demanded by respect for people’s capacity to commune. Specifically, I point out respects in which a communal reconciliation probably could have been fostered to a greater degree, had the TRC been different in certain ways, and also note how even an altered TRC would not have been enough on its own to realize it fully; a wide array of other agents could and should have been much more active. I close by indicating some of what needs to be done in order to foster an ubuntu-oriented reconciliation that is still missing, but sorely needed, in 2016. A refurbished TRC promises to help mitigate the crisis of racial divide that currently confronts South Africa. (shrink)

The aim of this report is to consider feasible conditions under which South Africa!!" processed (e.g., canned and other packaged) fruit industry would be internationally competitive and a profitable site of investment, and therefore able to resume a pattern of growth from which it departed in the early part of the present decade. This is in service of the wider aim of identifying, in a subsequent phase of the project, appropriate industrial policy measures which Government might put in (...) place to assist the industry, in accordance with sound principles of national welfare optimization and public finance. (shrink)

Over the COVID-19 period, much attention has been paid to the governance relationship between citizens and the state. In this article, however, we focus on a feature that is less evident in the day-to-day living of the social contract: the relationship between citizens. Because this horizontal cohesion is critical to the social contract, we suggest that it should not be neglected, even amid a deepening crisis of state–citizen relations. Using the case of South Africa's vaccine roll-out as an (...) illustration, we argue that certain kinds of state failures – failures in making complex fairness decisions, in treating citizens as equals when enacting these decisions, and in providing public justification for these decisions – risk dual damage to both citizen–state and citizen–citizen relations and so undermine an already fragile social contract. (shrink)

Ubuntu has been defined as a moral quality of human beings, as a philosophy or an ethic, as African humanism, and as a worldview. This paper explores these definitions as conceptual tools for understanding the cultural, educational, and philosophical landscape of post-apartheid South Africa. Key to this understanding is the Althusserian concept of state apparatus. Louis Althusser divides the state apparatus into two forces: the repressive state apparatus (RSA); and the ideological state apparatus (ISA). RSAs curtail the working (...) classes, predominately through direct violence or the threat of violence, whereas ISAs function primarily by ideology, including forms of organised religion, the education system, family units, legal systems, trade unions, political parties, and media. This paper discusses the link between increasing inequality in post-apartheid South Africa and education, with specific reference to Althusser’s ISAs and the abuse of Ubuntu as a subterfuge for socio-economic inequality. (shrink)

Over the past few years, developments in the science of precise editing of human genomes using CRISPR-Cas9 have led many countries that lack specific laws in this area, such as South Africa, to contemplate legal reform. Thaldar et al. recently published five principles to guide legal reform in SA on heritable genome editing. In a similar vein, concerns about the global impact of human germline genome editing have led to calls for a global regulatory mechanism. This is what (...) the World Health Organization has tried to achieve with the recently published ‘Draft governance framework for human genome editing’. In this article, we compare the policies proposed by the draft framework to the current SA legal position, as well as the five guiding principles. The article concludes that SA law is in need of reform in order to meet the global standards that the draft framework seems to be moving towards. (shrink)

A sample of 259 South African managers completed a survey originally administered by Nel (1992). The results of the current study indicated a favourable move on four of the 15 questionable actions used to assess each group's ethical predisposition. Furthermore, the grand means for the two temporal-based samples also provided anecdotal evidence of a positive transition. Virtually identical results were in evidence when the segment of 89 top managers was compared to the sample of its higher level peers from (...) the earlier study by Nel. The results support the premise that today's South African managers have a more ethical predisposition than did their peers of some 20 years prior to them. However, the study concurrently documents the reality that there is ample room for further improvement. (shrink)

The pervasiveness of gender-based violence (GBV) against women and children constitutes the most severe expression of discrimination and dehumanisation of women and children in South Africa. Even before the coronavirus disease 2019 (COVID-19) pandemic came, domestic violence was already one of the greatest human rights violations. Women for centuries suffered different forms of violation and continue to struggle in subtle forms in the 21st century. This article investigates the sociocultural theories, narrative reflections and COVID-19 pandemic challenges associated with (...) the prevalence of GBV in South Africa. The article argues that patriarchal culture, religion, gender norms, lockdown and violence in South Africa perpetuate gender-based abuse. Therefore, the article unfolds this research through a literature review and narrative approach which is used to allow the co-researchers to share their stories. The article embarks on sociocultural experiences, the scourge of GBV in South Africa, the impact of COVID-19 pandemic, qualitative interviews and theological reflections and concludes by suggesting future possibilities to fight GBV.Contribution: This article contributes to an understanding that abafazi nabantwana baphefumla ngenxeba [women and children are breathing through the wound] amid the global COVID-19 pandemic. It discusses the prevalence of GBV, the intersection of religious cultural effects, social sciences, gender inequality and the continued oppression of women and children. (shrink)

Against the background of South Africa’s ‘official’ policy of multilingualism, this study explores some of the socio-cultural dynamics of English as a lingua franca (ELF) in relation to how cosmopolitanism is understood in South Africa. More specifically, it looks at the link between ELF and cosmopolitanism in higher education. In 2016, students at Stellenbosch University (SU) triggered a language policy change that enacted English (as opposed to Afrikaans) as the primary medium of teaching and learning. English (...) has won recognition as the academic lingua franca for at least two socio-political reasons: First, English is considered more ‘neutral’ than Afrikaans (which continues to be strongly associated with Afrikanerdom), and second, English is arguably associated with cosmopolitanism and an international institutional status. Despite English being the academic lingua franca, it continues to be caught in an ambivalent climate with tensions among policy planners, language practitioners, higher education managers, academic staff and students. Ultimately, this paper argues that ambiguity is one of the most defining features of English in South Africa and that a complex range of Cosmopolitan, Afropolitan and glocal African identity trajectories reflect the power dynamics of English in the country. (shrink)

In the past decade, significant social movements emerged in South Africa, in response to specific urban challenges of injustice or exclusion. This article will interrogate the meaning of such urban social movements for theological education and the church. Departing from a firm conviction that such movements are irruptions of the poor, in the way described by Gustavo Gutierrez and others, and that movements of liberation residing with, or in a commitment to, the poor, should be the locus of (...) our theological reflection, this article suggests that there is much to be gained from the praxis of urban social movements, in disrupting, informing and shaping the praxis of both theological education and the church. I will give special consideration to Ndifuna Ukwazi and the Reclaim the City campaign in Cape Town, the Social Justice Coalition in Cape Town, and Abahlali baseMjondolo based in Durban, considering these as some of the most important and exciting examples of liberatory praxes in South Africa today. I argue that theological education and educators, and a church committed to the Jesus who came ‘to liberate the oppressed’, ignore these irruptions of the Spirit at our own peril. (shrink)

The ongoing efforts to establish biobanks in Africa envisage the availability of biological samples and data in accordance with relevant national legislation and ethical principles. Current literature has established that many African countries “do not have national legislation or guidelines on the use of stored biological samples” or if such guidelines are in place, then “disparities exist in relation to informed consent and export and import requirements.” In this regard, this article considers the extent to which the available legal (...) and ethical regulatory frameworks in South Africa are capable of governing the use of stored biological samples in a manner that facilitates health research while at the same time protecting the interests of sample donors. (shrink)

This essay presents an overview of the TRC— its establishment, procedures, and operating principles — and examines the way in which the commission emphasizes forgiveness rather than retribution for past wrongs.

This article employs descriptive and explorative methods concerning father absence and missional parenting. It identifies numerous ramifications caused by father absence and the failing role of men. Father absence has been a serious social issue in South Africa, which has become more tenacious in post-colonial South Africa because of economic reasons, untold fatherhood, refused fatherhood, fatherhood accountability, divorce and dissolution of households. This social issue influenced and affected both family and society dysfunction and created a vicious (...) cycle of poverty in many South African homes. This article aimed to lessen the predicament of fatherlessness by considering the role of missional parenting where the father and mother form a partnership and collaborate for the family’s progress and actualise God’s pre-eminent plan for families in South Africa. The literature review and methodology provided rich insights and considerable knowledge to help support families who do not have a father figure and men in their fatherly role. Missional parenting is gospel-centred and can be a detriment to father absence. Parents follow the example of Jesus Christ as saviour in missional parenting. Contribution: This article employed a descriptive and explorative modus operandi and explored a respective method to effectuate family disharmony in the context of South Africa. It endorses the journal’s focus on church and family in the field of Missiology and Practical Theology. A fatherless South Africa because of the social ill of father absence is a concerning issue. (shrink)

Background. South Africa (SA) currently has a golden opportunity to legislate on human heritable genome editing (HHGE), as the country is revising its assisted reproductive technology regulations. A set of sub-regulations that deals with HHGE, which could seamlessly slot into the current regulations, has already been developed. The principles underlying the proposed set of sub-regulations are as follows: HHGE should be regulated to improve the lives of the people and should not be banned; the well-established standard of safety (...) and efficacy should be used in the regulation of HHGE; quality of life is what matters, and not preserving a ‘normal’ genome; parents’ reproductive autonomy must be respected; and equality of access to approved HHGE technology should be promoted. Objectives. To ascertain whether the proposed set of sub-regulations that deals with HHGE is aligned with public opinion in SA, and SA’s Bill of Rights. Methods. Public opinion in SA is determined with reference to a deliberative public engagement study on HHGE conducted among South Africans, and the relevant rights in the Bill of Rights are interpreted with reference to recent case law. Results. This proposed set of sub-regulations that deals with HHGE is aligned with public opinion in SA, and SA’s Bill of Rights. Conclusion. Despite the legal and ethical complexities of HHGE, the proposed set of sub-regulations provides a targeted and effective legislative approach. They fit seamlessly into the country’s existing health law framework, creating specific legal standards for HHGE that align with both public opinion and the country’s Bill of Rights. (shrink)

The influence of environment on social entrepreneurship requires more concerted examination. This article contributes to emerging discussions in this area through consideration of social entrepreneurship in South Africa. Drawing upon qualitative case study research with six social enterprises, and examined through a framework of new institutional theories and writing on new venture creation, this research explores the significance of environment for the process of social entrepreneurship, for social enterprises, and for social entrepreneurs. Our findings provide insights on institutional (...) environments, social entrepreneurship, and the interplay between them in the South African context, with implications for wider social entrepreneurship scholarship. (shrink)

Access to education for undocumented migrant children in South Africa remains a significant challenge. While the difficulties related to their inability to access education within the country have been highlighted elsewhere, there remains a lack of clarity on an approach to how this basic human right can be achieved. In this conceptual paper, we draw on the distinction between equality and equity, and describe the various ways in which education has been conceptualised in the South African Constitution (...) – which in part contributes to the existing confusion on education for various groups, including undocumented migrant children. In this paper, we critically reflects on the need to develop an integrated approach for creating a platform that allows all undocumented migrant children access to education in South Africa. We argue that an integrated approach – which entails ways through which access to education can be delivered through the lens of equity – will enhance the right to education for undocumented migrant children in South Africa. We conclude that the South African government must urgently consider this integrated approach to enable access to education for undocumented migrant children, so that they can achieve their full educational potential. (shrink)

Organ donation after a circulatory determination of death is possible in selected patients where consent is given to support donation and the patient has been legally declared dead by two doctors. The National Health Act (61 of 2003) and regulations provide strict controls for the certification of death and the donation of organs and tissues after death. Although the National Health Act expressly recognises that brain death is death, it does not prescribe the medical standards of testing for the determination (...) of brain death (neurological determination of death), circulatory death (circulatory determination of death) or for determination of death based on somatic criteria. However, in all cases of organ donation, including after circulatory death, the National Health Act mandates that two doctors certify the death, with one doctor possessing more than 5 years of experience. Additionally, both doctors must be independent from the transplant team. The standard for such determination, as for brain death, aligns with accepted medical standards. The Critical Care Society of Southern Africa has published South African (SA) Guidelines on Death Determination that outline rigorous standards for death determination in hospital settings by either a neurological or circulatory method. Legislation and the Health Professions Council of SA’s (HPCSA) professional guidance direct clinicians on obtaining informed consent for donation either from the patient or in cases of incapacity from their surrogate decision maker. Collectively, the legislation, regulations and professional guidelines in SA provide a robust ethical framework that supports organ donation after circulatory death. (shrink)

This article outlines the basic tenets of political liberalism, a recent twist in liberal theories of justice, and distinguishes a ?sufficiency? approach from its more ?egalitarian? rivals. The article argues that a ?sufficiency? principle as the basis for distributing social and material goods, is a logical extension of the commitment to a democratic ideal, one that is required to give substance to political rights guaranteed to all citizens as free and equal members of society. To illustrate the attractiveness of this (...) approach, the paper illustrates how political liberalism offers a compelling way of characterising and interpreting the new South African constitution. As a pluralist society which has until recently been ruled by an unjust regime, political liberalism in general, and the ?sufficiency? version in particular, would offer an effective and inclusive way of addressing what ought to be the paramount concern for all citizens: namely, how to prevent the state's coercive powers from being used by one sectarian group to dominate and repress other groups. (shrink)

In this paper an assessment will be made of the state of Business Ethics as an academic discipline as well as on the extent to which theory on Business Ethics has been translated into practice within the South African society. First the way in which Business Ethics is defined will be examined. Then the issues within the field of Business Ethics that is considered to be most important will be addressed, as well as the reasons why it is believed (...) to be important to address them. From there the attention will be shifted to the way in which Business Ethics has been institutionalised at tertiary education level. An overview of important initiatives taken by the business sector themselves will also be reviewed. Then co-operation between business and academia on Business Ethics will be discussed. Finally an assessment will be made of what can be learned from Business Ethics elsewhere in the world and what can be offered in this regard. Also some future prospects of Business Ethics in South Africa will be explored. (shrink)

The King Report on Corporate Governance (1994) evoked unprecedented interest in corporate governance in South Africa. This does not mean that corporate governance was not an issue of concern before the release of this historical report. To the contrary, corporate governance in its broader sense has been at stake since the inception of the first publicly owned companies in South Africa. This article intends to give an overview of corporate governance in South Africa. It (...) starts by making a distinction between broad and narrow conceptions of corporate governance. Before applying this distinction to the practice of corporate governance in South Africa, a brief overview of the corporate landscape in South Africa is provided. Then the South African situation with regard to broad and narrow corporate governance respectively is analysed. The article ends with a discussion of the review of corporate governance that currently is in the making in South Africa. Throughout the article both the financial and ethical dimensions of corporate governance is attended to. (shrink)