Discriminant function sexing of the mandible of indigenous South Africans

South Africa currently has a high homicide rate. This results in a large number of unidentified bodies being recovered each year, many of which are referred to the forensic examiner. This situation has resulted in considerable growth of forensic anthropological research devoted to devising standards for specific application in South African medico-legal investigations. The standards suitable for Black South Africans now encompass a wide variety of skeletal elements (e.g. cranium, humerus, pelvis, femur, patella, talus, calcaneus), each with differing degrees of accuracy. Apart from a preliminary investigation of the Zulu local population, however, we note that there appears to be no established metric mandible discriminant function standards for sex determination in this population. The purpose of the present study is to undertake a comprehensive analysis of sexual dimorphism in the mandible of Black South Africans, incorporating individuals from a selection of the larger local population groupings; the primary aim is to produce a series of metrical standards for the determination of sex. The sample analyzed comprises 225 non-pathological mandibles of Black South African individuals drawn from the R.A. Dart Collection. Nine linear measurements, obtained from mathematically transformed three-dimensional landmark data, are analyzed using basic univariate statistics and discriminant function analyses. All of the measurements examined are found to be sexually dimorphic; the dimensions of the ramus and corpus lengths are most dimorphic. The sex classification accuracy of the discriminant functions ranged from 70.7 to 77.3% for the univariate method, 81.8% for the stepwise method, and 63.6 to 84% for the direct method. We conclude that the mandible is a very useful element for sex determination in this population.     

South African regulation of online casinos licensed in a foreign jurisdiction

Advances in technology brought about new popular gambling activities such as online gambling (sometimes called trans-border e-gaming) in South Africa and abroad, demand new regulatory structures since the current laws on gambling do not have provisions for online gambling. This article addresses the legality of engaging in online gambling within the South African borders by casino operators who are licensed in a foreign jurisdiction, giving rise to the issue of determining the place where the act of gambling takes place between a player who is in South Africa while engaging on the Internet with a server in another country. Although this article deals with the South African perspective, realizing that South Africa is a developing country and the law relating to the Internet might be behind, a reference to the online gambling law of United States (US) is made to showcase a need for attention to regulate online gambling in both developing and developed countries.     

南非:毒品犯罪的危害及防治

南非是非洲大陆毒品危害较为严重的国家。南非突出的毒品犯罪恶化社会治安、危及政治稳定、阻碍经济增长,毒品的滥用也严重损害了民众健康。基于联合国和非洲区域性禁毒公约、禁毒机构的有力推动和国内民众的强烈呼吁,南非政府在完善相关立法、健全禁毒队伍建设、加强国际合作和提高国民禁毒意识等方面作出了努力,并取得了一定的效果。     

Some recent developments in the legal relationship between parent and child

This article is based on a paper read at the Oxford Round Table Sir William Blackstone Colloquium on Public School Law in Oxford in 2000. Living and working in the 18th century, Sir William Blackstone was one of the most prominent English lawyers of all time, his influence still enduring in England and in many other countries with historical links with England. Because Blackstone regarded the relationship between parent and child as very important, the author therefore traced it through three broad periods: Blackstone's own times, South Africa before 1994 and South Africa after 1994. In preparing the paper, the author realised that many changes had taken place in the legal relationship between parent and child in South Africa since 1994 and that their implications for education management need to be explored. Education law literature in South Africa is certainly still largely dominated by the law as it was before 1994; so are the management implications drawn from it. The article has four sections: first, aspects of the parent-child relationship in South African law before the new Constitutional dispensation; second, relevant developments in South African under the new Constitution(s) and finally, a conclusion.     

Information Technology Transfer to African Nations: An Economic Development Mandate

The global revolution caused by the advancement and deployment of information technology (IT) demands the full involvement of the entire international community if the technology is to be ultimately effective. IT which continues to revolutionize all facets of life in the developed world has the potential to affect African countries in historic proportions. IT presents several opportunities and challenges for developing African countries, including Africa. There are opportunities for fostering technological capabilities, and thus enhancing the prospect of economic development. This paper highlights the opportunities facing African countries in the information age. The challenges that African countries must face in order to experience the full impact of the technology are discussed. A policy framework for the transfer of IT to African countries is presented and several Internet resources relating to IT transfer in Africa are provided.     

Cultural Planning and Urban Renewal in South Africa

The author explores the role of cultural planning as a planning tool in South Africa. He argues that cultural planning contributes to arts "as an intrinsic part of the way humans operate in the world" (Bamford 2006, 19), thereby focusing on cultural identity, creativity, and the globalization of culture. Arguing that cultural planning, as an engine for community development, is essential in South Africa, the author examines the broad definition and importance of cultural planning; the status of South African cities, particularly Johannesburg and Tshwane in Gauteng Province; and the requirements for successful cultural planning.     

Developments in South African law on HIV/AIDS

South Africa has a powerful legal framework that offers high levels of protection to people living with HIV/AIDS, yet discrimination against people living with HIV/AIDS continues to be widespread in South African society. Court cases decided in 2003 regarding children's issues and health care testify to this ongoing discrimination, and to the potential of the South African legal system to uphold the rights of people living with HIV/AIDS.     

Discriminant function sexing of fragmentary femur of South African blacks

When fragmentary and incomplete bones are all that are available to the forensic anthropologist for use in sex determination, non-metric and metric sex discriminating parameters that have been derived from complete bones may be of little use. In such circumstances, sex discriminating metric methods that are of specific application to fragmentary bones will be more useful. Since such studies have not been systematically carried out in bones of South African blacks, the aim of this study was to begin to provide such data. Two hundred and twenty left femurs of black South Africans were obtained from the Raymond A. Dart Collection of African Skeleton, School of Anatomical Sciences, University of the Witwatersrand, South Africa. Five variables from the upper end of the femur and three variables from the lower end of the femur were measured and subjected to univariate and multivariate discriminant function analyses. The vertical head diameter and the medial condylar length were most successful in sex identification from the upper and lower ends of the femur respectively. The combined variables were more useful than the use of variables individually. Discriminant function score equations were derived for individual and combined variables from the upper and lower ends of the femur of the South African blacks.     

Postapartheid Justice: Can Cosmopolitanism and Nation‐Building Be Reconciled?

South African plaintiffs are suing numerous multinational corporations under the American Alien Tort Claims Act for aiding and abetting apartheid's crimes against humanity. This article argues that Re South African Apartheid Litigation should be understood as a cosmopolitan re-membering of the nation. This interpretation runs counter to theoretical and political presumptions of an inherent antagonism between cosmopolitanism and nationhood. The apparent divide between cosmopolitanism and nation-building is bridged by the concept of victimhood. Insofar as nation-building in South Africa depends upon the restoration of victims, so too is cosmopolitanism victim-centered in its commitment to prevent harm and suffering. The apartheid litigants enact the duality of cosmopolitanism: they press for justice on the basis of cosmopolitan right, yet they do so in part because of their continued marginalization in the "new" South Africa with respect to issues of "truth" and reparation. Following on the "unfinished business" of the South African Truth and Reconciliation Commission, the apartheid litigation illustrates the intersection of cosmopolitanism with national memory and belonging.     

Law in South Africa and the Legitimacy Crisis

South Africa is presently confronting the possibility of a fundamental change in its political structure. In this context it is useful to consider the special character of the South African legal system and its role in the on-going legitimacy crisis in that country. This article attempts to delineate some of the principal dimensions of law and the types of legitimation issues in South Africa. It suggests that students of law and criminal justice have much to learn from the study of the South African case.     

Amid domestication and Afriexit: whither Nigeria and South Africa on the International Criminal Court?

There is a silent revolution going on among African states regarding the Rome Statute of the International Criminal Court (ICC). Some states that previously signed the Statute refused to ratify it. Some that ratified the Statute refused to domesticate it. Some that domesticated it withdrew or threatened to withdraw from it. Some that withdrew from it revoked their withdrawal. The African Union called for the mass withdrawal of African states from the Statute. Amid this storm of domestication and Afriexit, this study probes the question: what will be the status of Nigeria and South Africa on the ICC by 2022, considering the events in these states so far, evidence from data and the spate of domestication and exit procedures in homogeneous African states in contemporary times? The objectives of the study are to predict the status of Nigeria and South Africa by 2022 and reflect on the implication of the predictions for the on-going viability, sustainability and credibility of the ICC. It predicts that Nigeria has a zero per cent indication of domesticating the Statute. South Africa has 100 per cent positive indication to remain an ICC state party.     

Assessing zygomatic shape and size for estimating sex and ancestry in a South African sample

Unidentified, decomposed and skeletonised human remains are frequently found in South Africa, therefore, standardised, reliable and relevant sex and ancestry estimation methods are required for forensic identification. This study assessed sex and ancestral variation in zygomatic size and shape in a South African population using geometric morphometric analyses. The zygoma of 158 South African individuals were sampled. Eight zygomatic landmarks were captured in 3-dimensions using a Microscribe G2 digitiser and assessed using procrustean geometric morphometrics. Shape and size differences were analysed using multivariate linear regression, discriminant function and canonical variate analyses. Males had significantly larger zygomas than females. Significant shape variation was found between ancestral groups. Bantu-speaking and Mixed ancestry individuals had narrower, shorter and more anteriorly projecting orbital margins, whilst Europeans had vertically elongated and receded orbital margins. European ancestral groups were most discernible from Bantu-speakers and Mixed ancestral groups. Ancestry estimation accuracies improved when ancestry was aggregated with sex. Pairwise ancestry-linked comparisons in females were as follows; Bantu-speakers (76%) from Europeans (72%), Bantu-speakers (71%) from Mixed ancestry (59%) and European (72%) from Mixed ancestry (63%). Similarly, ancestry-linked comparisons in males were as follows; Bantu-speakers (77%) from Europeans (81%), Bantu-speakers (53%) from Mixed ancestry (59%) and European (72%) from Mixed ancestry (82%). Size differences are putatively linked to variations in hormone-regulated growth and muscular robusticity between males and females. Shape variations between ancestral groups are likely attributable to the heterogenous genetic and ancestral origins of the South African population. It is challenging to distinguish between South Africa Bantu speakers and Mixed ancestry people due to Mixed ancestry individuals having variable genetic contributions from Khoesan, Bantu-speakers, Europeans and Asians. Bantu-speaking and Mixed ancestry people had zygomatic morphologies consistent with historical thermoregulatory adaptations to sub-Saharan climates, reported in African-descendants. Zygomatic morphology in European descendants suggests ancestral origins from colder climatic regions. This study demonstrated the utility of the zygoma in distinguishing between ancestral groups in South Africa, but further research is required to develop population-specific standards to distinguish between South African populations with shared African ancestry. The zygoma shows a promising ability to estimate sex and ancestry in South Africans, suggesting population specific standards for this bone may be of forensic interest.     

Forensic genetic value of 27 Y-STR loci (Y-Filer® Plus) in the South African population

South Africa has one of the highest rape statistics in the world, with an average of 117 rapes reported daily. Y-STR genotyping is becoming a popular tool in the analysis of DNA evidence collected after a crime of a sexual nature has been committed, but has yet to be implemented in South Africa’s forensic laboratories. This study aimed to investigate the forensic value of the 27 Yfiler™ Plus loci in the South African population. A total of 271 samples from the African, Asian/Indian, Mixed Ancestry¹, and Caucasian populations at the University of the Free State in Bloemfontein, South Africa were amplified and analysed using ThermoFisher Scientific’s Yfiler™ Plus PCR Amplification kit. Of the 271 samples, 261 were identified to be unique, with an overall discrimination capacity of 98.15%. Discrimination capacities ranged from 91.67% for the Asian/Indian population to 100% for the Mixed Ancestry population. The haplotype diversity across the four populations is 0.9999, with an average gene diversity across all loci of 0.717. The forensic parameters estimated in this study provide evidence for the potential use of the commercial Yfiler™ Plus PCR amplification kit in a forensic application in South Africa.     

Southern African contradictions: Part I,the role of U.S. based multinational corporations (MNCs)

Summary This is the first of two articles which seek to explain how the distorted growth of South Africa has enabled it to dominate and underdevelop the entire southern African region while itself becoming increasingly dependent externally on Western multinational corporations. A simple model provides the theoretical framework for this analysis. A brief historial sketch of the handful of powerful mining finance houses, led by the Anglo American Group involving U.S. and British interests, have joined the racist South African Government to build state capitalism and coerce the black Africn majority to work for less than subsistence wages. In this context, the largest U.S. multinational corporations, many of them linked through their boards of directors and financial ties to each other and high U.S. officials, play an increasingly critical role in providing sorely-needed capital and advanced technology to strengthen South Africa's industrial complex. At the same time, U.S. interests are attempting to influence the South African black trade union movement to acquiesce to the basic structure of the resulting exploitative political economy.The second article will outline the way South African and multinational corporate interests have penetrated the political economies of neighboring countries to obtain low-cost labor, raw materials, and markets for their expanding output of manufactured goods.     

African corporate lawyering and globalization

Influenced by processes of globalization and localization, many fields of social and commercial practice – including legal services – across Africa are undergoing rapid transformation. It should come as no surprise that these processes of globalization and transformation include the ongoing transformation of corporate lawyering. Lawyers from Johannesburg to Algiers – not to mention Khartoum and Ouagadougou – are experiencing and participating in rapid global change in their profession and everyday work. This article identifies some of the questions and issues that emerge from this process, as well as providing a vignette of the South African corporate legal sector and tentatively outlining the emergence of an African corporate lawyering field. It does so in order to propose a research agenda into the trends and potential pathways of growth in this field. It does so in four steps, moving from a theoretical frame to one of the Global South to a portrait of the South African jurisdiction and ending with an agenda for African corporate lawyering.     

The enforcement of anti-human trafficking law in South Africa: a case of an aircraft without a pilot

This article evaluates the effectiveness of current law enforcement efforts in combating human trafficking in South Africa. Based on a broader empirical doctoral study, it was discovered that as currently structured, the South African Police Service (SAPS) cannot be effective in the enforcement of anti-trafficking law in the country. Combating human trafficking among other things, requires a formidable law enforcement agency that is explicitly proficient in the modus operandi of the crime; the sophisticated cum dynamic nature of the forces and factors that fuel the illicit trade in a vacillating milieu. Unfortunately, academic writings on this observable position in South Africa are scanty. Therefore, an article of this nature is not just timely but urgent. Findings from the study (among others) revealed that a wide-gap exist in the capacity of the SAPS, and other relevant stakeholders, to enforce anti-trafficking law in the country. Hence, it was recommended that for a result-oriented approach, South Africa needs to establish a specialised law enforcement agency distinct from the regular police structure to enforce anti-trafficking law in the country.     

State Withdrawal Notifications from the Rome Statute of the International Criminal Court: South Africa,Burundi and the Gambia

In 2016 three African states namely South Africa, Burundi and The Gambia submitted written notifications of withdrawal from the Rome Statute of the International Criminal Court (Rome Statute) to the Secretary-General of the United Nations pursuant to Article 127 of the Rome Statute. Although the African Union welcomed and fully supported the three withdrawal notifications and considered them as ‘pioneer implementers’ of its ‘Withdrawal Strategy’, The Gambia and South Africa withdrew their notifications of withdrawal. Some other states – Kenya, Namibia and Uganda – have made threats to submit withdrawal notifications. This article examines four issues arising out of the said withdrawal notifications. First, why did the three states submit withdrawal notifications from the Rome Statute? Second, what is the impact of the three states’ withdrawal notifications? Third, is the African Court on Human and Peoples’ Rights (or the yet-to-be-established African Court of Justice and Human and Peoples’ Rights) a suitable African regional ‘alternative’ to the ICC? Finally, what steps might be taken to avoid, or at least minimise, further withdrawals in the future and to avoid impunity of perpetrators of international crimes in states that have withdrawn from the Rome Statute?     

A survey of reported synthesis of methaqualone and some positional and structural isomers.

Methaqualone (2-methyl-3-o-tolyl-4(3H)-quinazolinone) is the illicit synthetic drug of choice amongst South African drug users. Historically police and forensic investigation has proven that all methaqualone seized by the South African Police Service originates from illicit manufacturing sites both inside, and outside South Africa's borders. From a drug enforcement, and forensic point of view it is, thus, of utmost importance that the various synthetic routes available to the illicit "chemist" are fully documented and understood. This is a prerequisite for effective illicit laboratory investigation, as well as chemical and precursor monitoring. This paper gives a brief introduction to the current status with regard to methaqualone use and production in South Africa, as well as an extensive review of the synthesis of methaqualone and selected isomers reported since 1946. A table summarizing synthetic routes reported in 32 reference sources is provided.     

南非法院对外国仲裁裁决的承认和执行

南非法院对外国仲裁裁决的承认和执行既可根据南非的普通法,也可根据南非的《承认与执行外国仲裁裁决法》进行。根据南非普通法,如果外国仲裁裁决不是终局的,或缺乏有有效的仲裁协议或自然公正,或裁决是通过欺诈方式获得的,或裁决的承认和执行违反南非的公共政策,南非法院就不会承认和执行该裁决;而南非的《承认与执行外国仲裁裁决法》是为实施《纽约公约》而制定的,不过,二者在内容上存在着不同。     

Real interest rate persistence in South Africa: evidence and implications

The real interest rate is a very important variable in the transmission of monetary policy. It features in vast majority of financial and macroeconomic models. Though the theoretical importance of the real interest rate has generated a sizable literature that examines its long-run properties, surprisingly, there does not exist any study that delves into this issue for South Africa. Given this, using quarterly data (1960:Q2-2010:Q4) for South Africa, our paper endeavors to analyze the long-run properties of the ex post real rate by using tests of unit root, cointegration, fractional integration and structural breaks. In addition, we also analyze whether monetary shocks contribute to fluctuations in the real interest rate based on test of structural breaks of the rate of inflation, as well as, Bayesian change point analysis. Based on the tests conducted, we conclude that the South African EPPR can be best viewed as a very persistent but ultimately mean-reverting process. Also, the persistence in the real interest rate can be tentatively considered as a monetary phenomenon.