The difference between the past and the present is that individual freedom and security no longer fall to be protected solely through the D vehicle of common-law maxims and presumptions which may be altered or repealed by statute, but are now protected by entrenched constitutional provisions which neither the Legislature nor the Executive may abridge. It would accordingly be improper for us to hold constitutional a system which, as Sachs J has noted, confers on creditors the power to consign the person of an impecunious debtor to prison at will and without the interposition at the crucial time of a judicial officer.
Pius LangaStichwörter: freedom history security law debt human-rights south-africa common-law credit imprisonment constitutional-law south-african-law albie-sachs constitution-of-south-africa
The bad parts of the statute are not judicially severable, I consider, from the rest of its provisions that deal with imprisonment. Their roots are entangled too tenaciously in the surrounding soil for a clean extraction to be feasible. The conclusion to which I accordingly come is that we are left with no option but to declare those provisions as a whole to be constitutionally invalid on account of their objectionable overbreadth.
John DidcottStichwörter: law metaphor south-africa imprisonment constitutional-law south-african-law severability
Imprisonment is the form of punishment which may detrimentally affect not only the offender but also his family and his employment and because of its duration it can seldom be kept from becoming general public knowledge. It [...] can have a lasting demoralising effect on the character and personality of the offender. The loss of liberty, tedium, regimentation [...] which prison life entails, have a greater potentiality than a whipping for destroying the offender's self-esteem and the integrity of his character and for changing, for the worse, his way of life.
P.W. ThirionStichwörter: liberty family self-esteem punishment law human-rights employment south-africa imprisonment south-african-law
My conclusions, on this point, are as follows: when the Law Commission says committal of judgment debtors is an anomaly that cannot be justified and should be abolished; when it is common cause that there is a general international move away from imprisonment for civil debt, of which the present committal proceedings are an adapted relic; when such imprisonment has been abolished in South Africa, save for its contested form as contempt of court in the magistrate's court; when the clauses concerned have already been interpreted by the Courts as restrictively as possible, without their constitutionally offensive core being eviscerated; when other tried and tested methods exist for recovery of debt from those in a position to pay; when the violation of the fundamental right to personal freedom is manifest, and the procedures used must inevitably possess a summary character if they are to be economically worthwhile to the creditor, then the very institution of civil imprisonment, however it may be described and however well directed its procedures might be, in itself must be regarded as highly questionable and not a compelling claimant for survival.
Albie SachsStichwörter: freedom law debt human-rights south-africa foreign-law south-african-law civil-imprisonment legal-interpretation
Severability is an important concept in the context of the relations between this Court and Parliament; like 'reading down', it is an instrument of judicial restraint which reduces the danger of producing an overbroad judicial reaction to overbroad legislation.
Albie SachsStichwörter: law south-africa constitutional-law south-african-law severability reading-down
What is this so-called 'employment flexibility'? It simply means that employers, in their quest to reduce costs whilst trying to meet the demands of globalisation, are disregarding the traditional job boundaries – often to the detriment of the unskilled, non-standard worker. Employers use non-standard workers to avoid restrictive labour laws and collective bargaining restraints. In addition, the practice provides them with more flexibility.
E.S. FourieStichwörter: capitalism law exploitation south-africa atypical-workers informal-sector labour-law
Father's always saying that South Africa must be one of the best countries in the world for surviving a zombie apocalypse,' Megan says seriously. 'It's full of security estates and high fences.
Lily HerneStichwörter: south-africa zombie-apocalypse
Have you a room that you could let?"
"Yes, I have a room that I could let, but I do not want to let it. I have only two rooms, and there are six of us already, and the boys and girls are growing up. But school books cost money, and my husband is ailing, and when he is well it is only thirty-five shillings a week. And six shillings of that is for the rent, and three shillings of that is for the rent, and three shillings for travelling, and a shilling that we may all be buried decently, and a shilling for the books, and three shillings is for clothes and that is little enough, and a shilling for my husband's beer, and a shilling for his tobacco, and these I do not grudge for he is a decent man and does not gamble or spend his money on other women, and a shilling for the Church, and a shilling for sickness. And that leaves seventeen shillings for food for six, and we are always hungry. Yes I have a room but I do not want to let it. How much could you pay?"
"I could pay three shillings a week for the room."
"And I would not take it."
"Three shillings and sixpence."
"Three shillings and sixpence. You can't fill your stomach on privacy. You need privacy when your children are growing up, but you can't fill your stomach on it. Yes, I shall take three shillings and sixpence.
Stichwörter: africa south-africa alan-paton cry-the-beloved-country
Given that the doubtless unsuspecting taxpayers of South Africa provided every diplomat abroad with free housing, a foreign service allowance (in addition to salary) and, in the case of ambassadors, two full-time, live-in domestics, it became apparent why many found such a feather-bedded life abroad so appealing”.
Tony LeonStichwörter: south-africa ambassador diplomats taxpayers-rights
At the time of his death, Biko had a wife and three children for which he left a letter that stated in one part: “I've devoted my life to see equality for blacks, and at the same time, I've denied the needs of my family. Please understand that I take these actions, not out of selfishness or arrogance, but to preserve a South Africa worth living in for blacks and whites.
Steve BikoStichwörter: liberty family south-africa apartheid
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