The constitutional rights of children and the Prevention of Organised Crime Act 121 of 1998

The Prevention of Organised Crime Act 121 of 1998 [POCA] embodies a serious attempt by the South African government to effectively police and curb organised crime, money laundering and criminal gang activities in South Africa. The Act provides inter alia for a range of crippling fines and for orders such as confiscation and forfeiture. Asset forfeiture and confiscation orders can affect the rights of third parties directly and indirectly in a number of ways. Young persons and children can beaffected indirectly because asset forfeiture and confiscation orders may violate the right to parental care of the dependent young persons and children of the person who is subject to the order. This brief article will investigate aspects of the protection afforded to the rights of children when such orders are made in terms of the provisions of the Prevention of Organised Crime Act.

Baker v The Queen & Fardon v Attorney General for the State of Queensland

In 2004, the High Court of Australia had cause to revisit its 1996 decision in Kable, as well as to consider the nature of judicial power as it relates to the deprivation of liberty, outside of the parameters of conventional criminal sentencing. The resulting decisions of Fardon and Baker demonstrate the lack of constitutional protections afforded to people who become the focus of governmental campaigns to be "tough on crime". The so-called "Kable principle", as construed by the High Court in 2004, may prove to be the "constitutional watch dog that barks but once".

The establishment of the Judicial Appointments Commission in Malaysia to improve the constitutional method of appointing the judges of the superior courts : a critical study

The Judicial Appointments Commission was established in Malaysia in 2009 to ensure unbiased selection of judicial candidates for the consideration of the Prime Minister, who has the final say regarding the appointment of judges to the superior courts. But the provisions concerning Prime Minister’s power to appoint the majority of the members of the Commission and his unfettered power of removing four of the five appointed members without assigning any reason, have calculatedly been devised for ensuring the selection of judicial candidates having right political patronage in accordance with the covert wishes of the Prime Minister. Furthermore, the Prime Minister’s power of rejecting the Commission’s recommendations of multiple candidates renders the undertaking of a lengthy process of selection unproductive and useless. Thus the Judicial Appointments Commission has become a superfluous body with an ineffective modus operandi to attain the stipulated objectives of improving and complementing the constitutional method of appointing judges to the superior courts. Since the Federal Constitution of Malaysia has not empowered the Parliament to enact a law providing for the establishment of a Judicial Appointments Commission, it also appears that the Judicial Appointments Commission Act 2009 is an invalid piece of legislation.

Temporal verification for scientific cloud workflows: State-of-the-art and research challenges

Cloud computing is establishing itself as the latest computing paradigm in recent years. As doing science in the cloud is becoming a reality, scientists are now able to access public cloud centers and employ high-performance computing resources to run scientific applications. However, due to the dynamic nature of the cloud environment, the usability of scientific cloud workflow systems can be significantly deteriorated if without effective service quality assurance strategies. Specifically, workflow temporal verification as the major approach for workflow temporal QoS (Quality of Service) assurance plays a critical role in the on-time completion of large-scale scientific workflows. Great efforts have been dedicated to the area of workflow temporal verification in recent years and it is high time that we should define the key research issues for scientific cloud workflows in order to keep our research on the right track. In this paper, we systematically investigate this problem and present four key research issues based on the introduction of a generic temporal verification framework. Meanwhile, state-of-the-art solutions for each research issue and open challenges are also presented. Finally, SwinDeW-V, an ongoing research project on temporal verification as part of our SwinDeW-C cloud workflow system, is also demonstrated.

Expanding criminal sanctions for corporate crimes-deprivation of right to work and cancellation of education qualifications

Fines are the standard sanctions employed by most Western countries when a corporation has been convicted of a crime. However, some offences committed by corporations are too serious to be dealt with by way of a fine. There is a need to consider other sanctions that can be invoked in order to deter corporate crime. In this article, it is suggested that the focus should be on criminal sanctions against the natural persons who can potentially commit crimes on behalf of a corporation. New sentencing options against those who can potentially commit crimes on behalf of a corporation should include the annulment or suspension of an offender's academic  qualifications and the making of orders preventing an offender from working or being enrolled in an educational or vocational pursuit.

Australia's residential building faults : a view from the state of Victoria

Presented is an examination of residential building faults in the Australian Slate of Victoria. The aim is to determine the interconnections between identified main house faults., with a view to establishing their cause· effect relationships. A total of 42753 residential houses in Victoria were examined for nine key faults fully documented in Archicentre's database. These faults are: rising damp. framing fault, illegal building, stump fault, timber rot, cracking, electrical fault, roof fault and water supply issue. Second to framing fault, roof fault was found to be closely associated with other house faults examined. Hence, this paper concludes that a properly framed and roofed house could limit most of these faults. As illegal building was observed to have only a little overall association with other house faults, this study has implications for the Australia Productivity Commission's on-going efforts to deregulate various aspects of the building and construction industry professions.

Wastewater irrigation: the state of play

As demand for fresh water intensifies, wastewater is frequently being seen as a valuable resource. Furthermore, wise reuse of wastewater alleviates concerns attendant with its discharge to the environment. Globally, around 20 million ha of land are irrigated with wastewater, and this is likely to increase markedly during the next few decades as water stress intensifies. In 1995, around 2.3 billion people lived in water-stressed river basins and this could increase to 3.5 billion by 2025. We review the current status of wastewater irrigation by providing an overview of the extent of the practice throughout the world and through synthesizing the current understanding of factors influencing sustainable wastewater irrigation. A theme that emerges is that wastewater irrigation is not only more common in water-stressed regions such as the Near East, but the rationale for the practice also tends to differ between the developing and developed worlds. In developing nations, the prime drivers are livelihood dependence and food security, whereas environmental agendas appear to hold greater sway in the developed world. The following were identified as areas requiring greater understanding for the long-term sustainability of wastewater irrigation: (i) accumulation of bioavailable forms of heavy metals in soils, (ii) environmental fate of organics in wastewater-irrigated soils, (iii) influence of reuse schemes on catchment hydrology, including transport of salt loads, (iv) risk models for helminth infections (pertinent to developing nations), (v) microbiological contamination risks for aquifers and surface waters, (vi) transfer efficiencies of chemical contaminants from soil to plants, (vii) health effects of chronic exposure to chemical contaminants, and (viii) strategies for engaging the public.

Publishing in six socially oriented journals - the state of play globally and in Australia/NZ

This paper overviews the institutional publishing performance within 6 socially oriented journals. It identifies that authors publishing in these works come from a diverse range of countries. Although there is a dominance of publishing by North American Academics within the area, Australia and New Zealand in fact perform relatively better than one might anticipate based on the region’s size. A review of publishing performance by institutions in the region identifies that socially oriented research in fact occurs in a diverse cross section of institutions within the region as well.

Publishing in socially oriented journals - the state of play in Asia

Purpose: This paper examines this issue by examining institutional publishing in six socially oriented marketing journals generally and then explores the performance within Asian institutions and those within Australia and New Zealand, in detail.

Design/Methodology/Approach: Authorships of Journal of Macromarketing, Journal of Public Policy & Marketing, Journal of Consumer Affairs, Journal of Non-Profit and Public Sector Marketing, International Journal of Non-Profit and Voluntary Sector Marketing, and Social Marketing Quarterly, from 1999-2003 were tracked, by institution and nationality of school. Results are reported for both number of authors and percent of authorship.

Findings: There is a dominance of publishing by North American Academics within the social area. Asia academics appear to be generally under-represented, based on the region’s size, although scholars in Australia and New Zealand perform relatively better than one might anticipate.

Research Limitations/Implications: A review of socially oriented publishing performance by institutions in Asia identifies that socially oriented research appears to be a focus in Australia and New Zealand across a range of institutions, but occurs less frequently in other Asian countries.

Practical Implications: Results are useful for understanding the role of socially oriented research among scholars in Asia and the Pacific. While Australia and New Zealand have made marks in socially oriented research, it appears to be a potential “growth area” for marketing scholars in Asia and the Pacific.

Originality/Value: This is the first paper to examine the role of geography in publishing among those interested in social issues in marketing.