PROMOTION OF ADMINISTRATIVE JUSTICE ACT 3 OF 2000

Th purpose of the promotion of Administrative Justice Act is to give effect to the right to administrative action that is lawful, reasonable and procedurally fair and to the right to written reasons for administrative action as contemplated in section 33 of the Constitution of the Republic of South Africa, 1996; and to provide for matters incidental thereto.

WHEREAS section 33(1) and (2) of the Constitution provides that everyone has the right to administrative action that is lawful, reasonable and procedurally fair and that everyone whose rights have been adversely affected by administrative action has the right to be given written reasons;

AND WHEREAS section 33(3) of the Constitution requires national legislation to be enacted to give effect to those rights, and to-
* provide for the review of administrative action by a court or, where appropriate, an independent and impartial tribunal;
* impose a duty on the state to give effect to those rights; and
* promote an efficient administration;

AND WHEREAS item 23 of Schedule 6 to the Constitution provides that the national legislation envisaged in section 33(3) must be enacted within three years of the date on which the Constitution took effect;

AND IN ORDER TO-
* promote an efficient administration and good governance; and
* create a culture of accountability, openness and transparency in the public administration or in the exercise of a public power or the performance of a public function, by giving effect to the right to just administrative action.

Source: SABINET

ConCourt's 'no' to Judge Heath heading commission

The Constitutional Court on Tuesday declared Judge Willem Heath's heading of the Special Investigative Unit of the Heath Commission as inconsistent with the constitution.

Heath's SIU, established during former president Nelson Mandela's tenure, was initially asked to investigate government corruption in the Eastern Cape. Mandela extended the unit's mandate to encompass the whole country.

In July, while addressing a two-day conference on corruption, Heath said the unit had recovered R314 million since it was founded in 1997.

Constitutional Court president Arthur Chaskalson said the functions of the head of the SIU were far removed from the normal functions of the judiciary.

He said the intrusive investigative quality of the SIU was incompatible with the separation of powers between the judiciary and the government, as required by the South African constitution.

The judgment was unanimous.

Source: Nwes 24.com

South Africa Praised on International Court

Human Rights Watch today welcomed South Africa's ratification of the Rome Treaty for the International Criminal Court (ICC). The rights group commended Pretoria for taking a leadership role in the establishment of the ICC by proceeding with early ratification of the treaty.

In depositing its "instrument of ratification" at the United Nations today, South Africa took the formal step to become the twenty-third state to ratify the Rome Treaty. The ICC will prosecute future cases of genocide, crimes against humanity, and war crimes. The court will come into being after sixty states have ratified the treaty.

"South Africa's ratification is a major step forward on the path to establishing the court," said Brigitte Suhr, Counsel for the International Justice Program at Human Rights Watch. "South Africa has provided consistent leadership on behalf of an independent and effective ICC, and its ratification sends a strong message that this Court has strong support in every region. We believe its action today will help to spur additional ratifications in southern Africa and around the world." During the treaty negotiations for the ICC in Rome in 1998, South Africa, along with other states from the Southern African Development Community (SADC), played a key role in thwarting the efforts of some major powers to weaken the court. The strong united support for the Court from SADC nations, which South Africa helped to forge, was critical to the successful adoption of the Rome Treaty in the face of strong opposition from major world powers, including the United States.

Source: Human Rights Watch

In Memory of Koos Malgas

The Owl House in Nieu Bethesda has become a national treasure: a place of beauty, pain and mystical metamorphosis which draws a constant flow of pilgrims to see it. The story of the Owl House has intrigued and inspired great writers such as Athol Fugard who explored it in his play, The Road to Mecca. The play took the story out to sophisticated international audiences and was turned into a film. Books and thesis' such as The Owl House by Anne Emslie and This is my world by Sue Imrie Ross tried to unravel its intricacies. Yet Koos Malgas (63), who passed away early Monday morning, November 20, remained in the shadows of Helen Martins' legacy for most of his life. He was Martins' right hand man and collaborator without whom most of the art work in and around the Owl House would not exist. Martins had the passion for a vision, while Malgas was the craftsman who made it materialise. She paid him for each piece, bargaining a price according to the work. Malgas was a humble but sparky man with a deep knowledge of nature who was proud of his San ancestry.

When Malgas was 26, Martins, who employed his father, asked him to make her a little statue. Malgas, who had previously only worked as a sheep shearer, collected some clay from a nearby dam and modeled a delicate frieze of a woman's face which he humbly presented to Helen Martins in a sardine tin. Martins was pleased, asking him to make "a much bigger one on that wall" and so began a unique creative partnership. There were already a number of cement owls, camels and wise men in the garden made by previous helpers but Martins liked Malgas' style and they worked together for 12 years. She would show him a postcard of an image or describe something in her mind, and he would create it in concrete. "She was very clever." Malgas often said of Martins. He admired her and missed her terribly. Martins gave Malgas a piece of land which had belonged to her father, but without papers, and he grew vegetables and kept his horse there while she was alive, but it was claimed by the town council after she died , (as was the Owl House itself, which they threatened to bulldoze.) When Helen Martins decided to die she gave Malgas a note to present to the police, giving permission for him to have her radio so that they wouldn't suspect him of stealing it. Two years after Martins' suicide in 1976 , Malgas left for Worcester to find work. Sixteen years later he was persuaded to return to Nieu Bethesda where he was employed by The Friends of the Owl House to restore sculptures.

He once told me that his dream was to create his own garden of sculptures. With so many mouths to feed, however, he did not have the time or the money to carry out this dream. He was the main breadwinner of a large family. He taught his son Johannes the technique he used and together they made copies of owls and some of the other characteristic Owl House figures to sell to tourists.

In 1993, artist Beezy Bailey gave Malgas some drawings he had done and asked him to make them into sculptures, providing for the cost of the materials. Malgas made them in his style and Bailey decorated them. They were exhibited in Cape Town as a collaboration. Unfortunately, none of the sculptures sold and Malgas did not get rich as he had expected.

A few years later Bailey called on Malgas again to collaborate, this time as a commission. This time, Malgas decorated the exterior of a building Bailey had purchased in Bloem Street, Cape Town, as an art factory with rooftop sculptures and low relief wall pieces. Malgas used the money to buy a bakkie. In the extreme isolation of Nieu Bethesda and the utter poverty that Malgas and his family had lived in all their lives, having ones own vehicle was the ultimate ticket to freedom. In his last years Malgas struggled to get a vehicle going and to get a driver's license. He overcame alcoholism but battled with his health. Breathing in the fine dust from mixing cement and grinding glass had damaged his lungs, but Koos Malgas always had a bright twinkle in his eye. One wonders whether if his circumstances had been different he would have been a great artist in his own right. He was a humble craftsman who played a role in the history of outsider art in South Africa, and should be remembered. His wife Joanna and his many offspring won't forget. The funeral was held in Nieu Bethesda on Saturday, November 25. If anyone would like to help the family, who have been left in dire poverty, they could call Boksie Malgas on 049 8411 621

Source: Artthrob

Khayyám Sikander was famous during his times as a mathematician. He wrote the influential Treatise on Demonstration of Problems of Algebra (1070), which laid down the principles of algebra, part of the body of Persian Mathematics that was eventually transmitted to Europe. In particular, he derived general methods for solving cubic equations and even some higher orders.

RECOGNITION OF CUSTOMARY MARRIAGES ACT 120 OF 1998

To make provision for the recognition of customary marriages; to specify the requirements for a valid customary marriage; to regulate the registration of customary marriages; to provide for the equal status and capacity of spouses in customary marriages; to regulate the proprietary consequences of customary marriages and the capacity of spouses of such marriages; to regulate the dissolution of customary marriages; to provide for the making of regulations; to repeal certain provisions of certain laws; and to provide for matters connected therewith.

The spouses of a customary marriage have a duty to ensure that their marriage is registered. Customary marriages must be registered within a period of three months after the conclusion of the marriage or within such longer period as the Minister may from time to time prescribe by notice in the Gazette.

Source: Sabinet