Browsing by Author "Mpya, Maropeng Norman."

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An analysis of multilingualism as an approach to language-in-education policies of the Department of Basic Education in relation to the promotion of indigenous languages as languages of teaching and learning, in accordance with section 29(2) of the Constitution of the Republic of South Africa.
(2021) Duma, Londeka Portia.; Mpya, Maropeng Norman.
The Constitution of South Africa recognises eleven official languages, nine of which are considered indigenous African languages. This recognition seeks to provide for language protection, promote multilingualism and create unity in a diverse country. Furthermore, these rights are tailored to promote the founding values of the Constitution, which are amongst others, the protection of human dignity, equality, and non-racism. The Constitution also provides for language rights that promote multilingualism in education through section 29(2) which provides that everyone has the right to receive education in any official language of choice in a public education institution where that education is reasonably practicable. Further section 29(2) provides that the state has a positive duty to ensure that this right is effectively accessible and implemented through the consideration of various reasonable educational alternatives. This dissertation will therefore critically analyse the Language-in-Education policy (LiEP) measures of the Department of Basic Education, as a measure in the fulfilment of the state’s obligation to effectively provide access to section 29(2). The purpose of this analysis is to examine whether the current language policy promotes African languages as languages of instruction. In so doing, ensuring effective access to the right to choose a language of instruction as provided for by the Constitution for all learners.
Balancing the right to peaceful use and enjoyment of private property with the right of access to adequate housing and the government’s legitimate interest thereto.
(2020) Magagula, Sithelo.; Mpya, Maropeng Norman.
In the pre-constitutional dispensation, the courts could grant an eviction order without considering the risk of homelessness to the evictees. This was possible because there was no constitutional right of access to adequate housing, and there was no law obligating the government to provide alternative accommodation to vulnerable evictees. In this context, the owner’s right to peaceful use and enjoyment of private property to the exclusion of non-owners was absolute and it trumped the interests of the unlawful occupiers. Notably, this legal framework favoured historical landowners, while undermining the historical dispossession of land which in turn impacted on vulnerable evictees’ housing interests. In the new constitutional dispensation, there is a shift away from the pre-constitutional legal framework. The eviction landscape has been transformed by section 26 of the Constitution which gives everyone the right of access to adequate housing and not to be arbitrarily evicted. Section 26 further obliges the state to take all reasonable steps to realise the right of access to adequate housing. The subsequent promulgation of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 (“PIE”) gives effect to section 26 of the Constitution. Accordingly, evictions are now qualified in terms of section 26 of the Constitution. In a situation where unlawful occupiers have no prospect of finding alternative accommodation of their own, a court may order local government to provide them with temporary alternative accommodation. Therefore, in the new constitutional dispensation the government has a constitutional duty to provide alternative accommodation to vulnerable evictees. Notably, the government has a central legitimate interest in evictions. To the extent that the government cannot provide alternative accommodation, a court may refuse to grant an eviction order or may suspend it until the government makes such provision. This new development aims to infuse the principles of justice and equity into South African eviction law by balancing and reconciling the landowners’ interests with those of the unlawful occupiers. However, this transformative development is hindered by the government’s failure to play its central role, in the sense that if the government fails to provide alternative accommodation or provides an inadequate form of alternative accommodation the eviction will be refused or delayed. As a result, the landowners’ property rights and the unlawful occupiers’ housing rights will be compromised. Ultimately, the courts’ balancing approach will be hampered. Therefore, this study indicates that the government has failed to play its central role in evictions. As such, balancing the landowners and the unlawful occupiers’ opposed interests in the context of eviction is a complex exercise. The study concludes that it is impossible to balance the relevant rights without the meaningful involvement of government.
The best interests of whose child? : an examination of African customary law in matters relating to children switched at birth.
(2018) Jali, Samukelisiwe Petunia.; Mpya, Maropeng Norman.; Singh, Annette.
Children switched at birth present not only emotional trauma but also a legal battle for all parties concerned. Thus the story of M and Z (an African boy and girl) switched at birth in OR Tambo Hospital on August 2, 2010 elucidates this challenge aptly. This challenge plays itself within the contested legal systems being the Common law system (Western Law) and African customary law, which bears different consequences for the same event of children being switched at birth. Therefore, the research interrogates the rules of African family law, particularly those related to children and their parenthood. Equally important is African laws approach to the legal status of the parents’ vis-à-vis the children switched at birth, as well as the compatibility of this approach with the Constitution and the Children’s Act. An analysis of similar cases of children switched at birth suggests that family mediation, a practice mandatory amongst African societies, must be used in such matters rather than lengthy court battles. Consequently, the benefits of family mediation and parenting co-ordination are discussed emphasizing the use of parenting agreements in resolving conflicts in matters relating to children switched at birth.
Enforcement of “human rights” standards against multinational corporations.
(2019) Mpya, Maropeng Norman.; Ntlama, Nomthandazo Patience.
No abstract available.
The judicial development of African Customary Law as per section 39 (2) of the constitution of South Africa : an examination of selected case law.
(2018) Nxumulo, Nicholene Amanda.; Mpya, Maropeng Norman.
No abstract available.
Trafficking in persons living with albinism in South Africa.
(2021) Mbatha, Siphesihle Mhlonishwa.; Mpya, Maropeng Norman.
No Abstract available.
The violation of rights of prisoners in South Africa after 1996: medico-legal implications.
(2018) Phela, Anathi.; Mpya, Maropeng Norman.
Post-1994 and following the adoption of the Constitution of the Republic of South Africa on 8 May 1996, the Constitution has since become the supreme law of the country and any conduct or law that is in conflict with its provisions is invalid. The constitution is founded upon particular values, namely, human dignity, equality and the advancement of human rights and freedoms. Amongst others, the 1996 Constitution governs the establishment and administration of prisons with the inclusion of the rights of the prisoners. This dissertation discusses how the rights of prisoners are protected including the perceived violations. Due to the high number of violations of prisoner’s rights, this dissertation will also discuss the various court decisions relating to the previously mentioned violations. The purpose of this dissertation is, to do an in-depth analysis on the protection and violation of prisoner’s ‘right of access to healthcare’ as provided in terms of section 27 of the Constitution of the Republic of South Africa. The dissertation will endeavour to expose the violations, provide an in-depth view of the extent of the violations through case studies. The implementation of the provisions of section 27 will be evaluated to determine if the prisons have been adequately protecting prisoners. In addition to the latter analysis, the prison’s shortfalls will be highlighted with the inclusion of a brief legal position in other countries. The dissertation acknowledges the existence of the prisoners’ rights, although the implementation thereof by prisons remains questionable and a source of controversy in the medico-legal sphere. The dissertation ultimately concludes that the ‘right of prisoners to access healthcare’ should be monitored on a regular basis to ensure those prisoners' rights are not constantly violated. The dissertation further concludes that the continued oversight will reduce the number of court cases and ultimately the State's resources on cases that involve the violation of prisoner's rights and thus uphold the spirit and purpose of the Constitution of the Republic of South Africa.