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

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.

A Historical Overview of the Mental Health Expert in England Until the Nineteenth Century

The Protection of Refugee Children in Africa: Post-Convention on The Rights of The Child

Authors Leah A Ndimurwimo and Molya ND Vundamina

ISSN: 2411-7870
Affiliations: Senior lecturer, Nelson Mandela University; LLD (NWU) LLM (NMMU) LLB (OUT); LLM candidate; LLB (NMU)
Source: Fundamina, Volume 27 Issue 1, p. 33-66
https://doi.org/10.47348/FUND/v27/i1a2

Abstract

The plight of refugees is currently one of the concerning global human rights issues. The refugee population is largely comprised of women and children who become displaced during armed conflicts; this is because the majority of persons killed or who become victims of forced disappearance are men. Forcibly displaced children face direct physical threats, as well as a variety of health-related problems. Although forcibly displaced children generally include those who are not refugees, this contribution is only concerned with refugee children. Refugee children are vulnerable to different types of abuse and exploitation, and often become the target of discrimination, sexual exploitation and social marginalisation in the refugee transit camps and countries of exile. Although the Convention on the Rights of Child, 1989 was adopted to protect children’s rights worldwide, the true impact of these provisions remains uncertain. This contribution examines the extent to which the adherence to the Convention on the Rights of the Child is promoted in Africa. This study compares the situation in South Africa, Tanzania and Zambia to pinpoint the legal and practical challenges that face refugee children in those countries. The contribution concludes with recommended solutions for effectively protecting and promoting refugee children’s rights in Africa.

The Protection of Refugee Children in Africa: Post-Convention on The Rights of The Child

The Protection of Refugee Children in Africa: Post-Convention on The Rights of The Child

Authors Leah A Ndimurwimo and Molya ND Vundamina

ISSN: 2411-7870
Affiliations: Senior lecturer, Nelson Mandela University; LLD (NWU) LLM (NMMU) LLB (OUT); LLM candidate; LLB (NMU)
Source: Fundamina, Volume 27 Issue 1, p. 33-66
https://doi.org/10.47348/FUND/v27/i1a2

Abstract

The plight of refugees is currently one of the concerning global human rights issues. The refugee population is largely comprised of women and children who become displaced during armed conflicts; this is because the majority of persons killed or who become victims of forced disappearance are men. Forcibly displaced children face direct physical threats, as well as a variety of health-related problems. Although forcibly displaced children generally include those who are not refugees, this contribution is only concerned with refugee children. Refugee children are vulnerable to different types of abuse and exploitation, and often become the target of discrimination, sexual exploitation and social marginalisation in the refugee transit camps and countries of exile. Although the Convention on the Rights of Child, 1989 was adopted to protect children’s rights worldwide, the true impact of these provisions remains uncertain. This contribution examines the extent to which the adherence to the Convention on the Rights of the Child is promoted in Africa. This study compares the situation in South Africa, Tanzania and Zambia to pinpoint the legal and practical challenges that face refugee children in those countries. The contribution concludes with recommended solutions for effectively protecting and promoting refugee children’s rights in Africa.

Keeping The Natives in Their Place: The Ideology of White Supremacy and The Flogging of African Offenders in Colonial Natal – Part 2

Keeping The Natives in Their Place: The Ideology of White Supremacy and The Flogging of African Offenders in Colonial Natal – Part 2

Keeping The Natives in Their Place: The Ideology of White Supremacy and The Flogging of African Offenders in Colonial Natal – Part 2

Author: Stephen Peté

ISSN: 2411-7870
Affiliations: BA LLB (University of Natal) LLM (University of Cape Town) M Phil (University of Cambridge) PhD (University of KwaZulu-Natal). Associate Professor, School of Law, University of KwaZulu-Natal.
Source: Fundamina, Volume 27 Issue 1, p. 67-100
https://doi.org/10.47348/FUND/v27/i1a3

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Peté, S
Keeping The Natives in Their Place: The Ideology of White Supremacy and The Flogging of African Offenders in Colonial Natal – Part 2
Fundamina, Volume 27 Issue 1, p. 67-100
https://doi.org/10.47348/FUND/v27/i1a3

Abstract

The political economy of colonial Natal was based on a coercive and hierarchical racial order. Over decades, the white colonists struggled to assert their power over the indigenous inhabitants of the colony, and to force them off their land and into wage labour in service of the white colonial economy. This process resulted in ongoing resistance on the part of the indigenous population, which ultimately manifested as a series of rebellions and revolts throughout the colonial period, and which were met with force by the white colonists. White colonial ideology was shaped by the violent and adversarial nature of the social, political and economic relations between white and black in the colony. It was also influenced by the broader global context, within which colonisation was justified by racist variants of the theory of Social Darwinism. Driven by a strange mix of deep insecurity and fear on the one hand and racist paternalism on the other, the white settlers of colonial Natal developed a variant of white supremacist ideology with a special flavour. Nowhere was this more apparent than in their near obsession with flogging as the most appropriate manner of dealing with, in particular, African offenders. By closely examining a series of public debates that took place in the colony of Natal between 1876 and 1906, this contribution seeks to excavate the various nuanced strands of thinking that made up the ideology of white supremacy in the colony at the time.

The Contribution of Papyrus Ashmolean Museum 1945.97 (“Naunakht’s Will & Related Documents”) to Our Understanding of The Ancient Egyptian Testamentary Disposition and Succession Law

The Contribution of Papyrus Ashmolean Museum 1945.97 (“Naunakht’s Will & Related Documents”) to Our Understanding of The Ancient Egyptian Testamentary Disposition and Succession Law

Author Nicolaas J van Blerk

ISSN: 2411-7870
Affiliations: LLB MA D Litt et Phil (Ancient Near Eastern Studies)
Source: Fundamina, Volume 27 Issue 1, p. 101-142
https://doi.org/10.47348/FUND/v27/i1a4

Abstract

The New Kingdom Papyrus Ashmolean Museum 1945.97 (better known as “Naunakht’s will and related documents”) can assist us in gaining a better understanding of ancient Egyptian testamentary dispositions and its succession law. A problem that must be borne in mind when studying any ancient text, is that one should never impose modern legal concepts on these ancient texts. Nonetheless, these ancient texts may contain building blocks of later legal concepts. In particular, Naunakht’s will may provide valuable information on concepts and elements pertaining to succession law in general. In addition, it may provide further valuable information on testamentary dispositions in particular and may indicate that the building blocks of succession law are much older than Roman law.

The role of technology in the historical development of the reproduction right in musical works

The role of technology in the historical development of the reproduction right in musical works

Author: J Joel Baloyi

ISSN: 2411-7870
Affiliations: BJURIS LLB (Venda) LLM (UWC) LLD (UNISA).
Source: Fundamina, Volume 26 Issue 2, p. 233-287
https://doi.org/10.47348/FUND/v26/i2a1

Abstract

This contribution recounts the historical development and expansion of the reproduction right in copyright in response to, and as a result of, technological developments, with a focus on the music reproduction right. It is shown how the very first copyright statute, the Statute of Anne, was enacted in response to the effects of a technological development, namely the invention of the printing press, which had been experienced over some time. To safeguard the interests of rightsholders, the Statute of Anne gave rise to and was itself epitomised by the reproduction right (the right to copy or print). The uncertainty with regard to the question of whether the Statute of Anne applied only in respect of books and other literary works, or whether it also extended to musical works, was resolved in the case of Bach v Longman, which extended the application of the Statute to musical works. It was particularly in the area of musical works that the reproduction right was further developed in the wake of rapid technological developments that emerged at the end of the nineteenth century and have continued into the digital age. This has led to the expansion of the music reproduction right into a multi-pronged right, covering usages made possible by the various technological developments, thus creating increased sources of income for rights-holders. Using a historical and contextual analysis, the contribution recounts these developments and their continuing relevance today.