South Africa is a country situated at the Southern Hemisphere of the African continent sharing boarders with Namibia to the South West, Botswana and Zimbabwe to the north, Eswathini and Mozambique to the north east. Lesotho, an independent country, is an enclave in the eastern part of the Republic, entirely surrounded by South African territory. South Africa’s coastlines border the Indian Ocean to the southeast and the
Atlantic Ocean to the southwest.921 South Africa is a large country boasting a
population of 55.9 million people.922
4.1.1 Political factors
South Africa is considered a constitutional democracy conducting multiparty elections every five years, South Africa attained independence from apartheid repression in
1994 when the stalwart Nelson Mandela was released from prison after 27 years.923
The country held its first democratic election which the African National Congress won resoundingly under the leadership of Nelson Mandela. Currently South Africa’s President is Cyril Ramaphosa who took over from the embattled former president Jacob Zuma who spent most of his term of office embroiled in corruption charges and accusations of mis-governance. The popularized firebrand politician Julius Malema who broke away from the governing African National Congress to form his splinter
party – the Economic Freedom Fighters gave Jacob Zuma a running for his money
through pointing out many of the shoddy dealings and corrupt practices that
characterized the former President’s administration.924
4.1.2 Economic factors
Cyril Ramaphosa has a challenge under his belt to correct the perceptions of a corrupt country and party that he inherited from his predecessor as well as a poorly functioning
921 Britannica https://www.britannica.com/place/South-Africa Date of use: 26th February 2019 922 Bertelsmann Stiftung, BTI (2018) 3
923 SA History https://www.sahistory.org.za/article/south-african-general-elections-1994 Date of use:
26th February 2019
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economy.925The unemployment rate in RSA fell to 26.5% in the last three months of
2016 after reaching a 12-1/2-year high of 27.1% in the previous period,926with a GDP
per capita of 13046.2 USD in 2016.927Unemployment is arguably the most central and
vexing problem the South African economy is presently saddled with. The unemployed population suffer mental hardship among other challenges and unemployment essentially poses a serious threat to the country’s social fibre and very political
stability.928The net result is that there has been increased production not backed by
complementary gains in employment – a phenomenon commonly touted as “jobless
growth.”929 A high GDP growth rate of approximately 7 and 8% annually in real terms
is required in South Africa. South Africa is battling 28 percent unemployment, especially youth unemployment which stands at over 65% of the national score.
4.1.3 Socio cultural factors
The country is a culturally diverse mix consisting of the following types of people according to race: White – 4,584,700; Colored – 4,424,600, Indian/ Asian – 1,299,900
and blacks – 38,682,600.930 There are 11 national languages in South Africa namely
English, Afrikaans, Sotho, Ndebele. Pedi, Venda, Tswana, Xosa, and Isizulu.931South
Africa has a poverty rate of 35.9%, and a life expectancy of 61.9 years.932 The Black
herein (“native African”) population is considered the hardest hit by the scourge of poverty. RSA is regarded as one of the grossly unequal nations on earth and appears
to have become even more unequal than it was when apartheid ended.933The low life
expectancy may be attributable to HIV/AIDS prevalence in South Africa.934 Based on
wide ranging data published by the UNAIDS / WHO in 2015 it was estimated that there
925 Xinguanet http://www.xinhuanet.com/english/2018-02/16/c_136979344.htm Date of use: 26th
February 2019
926 Trading Economics http://www.tradingeconomics.com/south-africa/unemployment-rateDate of
use: 02 April 2017
927 Bertelsmann Stiftung (2016) 3
928 Mohr, Fourie & Associates Economics for South African Students (2008) 79 929 Ibid
930 Smit et al. (2013) 270
931 Statistics South Africa Documented immigrants in South Africa (2012) 4 932 Bertelsmann Stiftung, BTI (2018) 3
933 Lings (2014) 15 934 Smit et al. (2013) 75
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is an estimated 6.9 million persons in the age range between 15 to 49 years and 2.1
million orphans living with HIV/AIDS in South Africa.935
4.1.4 Technological factors
In terms of technology use, about 53.5% (28.9 million users) of the South African
population uses the internet.936The use of internet is an important global development
which creates a catalyst for research and development and the advancement of
economic growth and development.937Among other issues that is now commonplace
in the South African technology environment is the emergence of whistleblowing and citizen journalism.
4.1.5 Ecological factors
South Africa is ranked at 72nd in a benchmark of 178 countries gauged on the same
scale termed the Environmental Performance Index which basis its measure on 20 various indicators measuring compliance with environmental policy and public health
aims and standards.938 Unfortunately environmental and health interests appear, more
often than not, outranked to give economic growth and job creation preference on its
priority list.939 In 2011, the South African government launched a Green Economy
Accord, which pays greater attention to environmental issues and gives more attention
to cooperation with the private sector.940
4.1.6 Legal factors
South Africa clearly operates on the basis of a 'hybrid' or 'mixed' legal system in terms
of which the common law system runs parallel to the indigenous legal system.941The
classification suggest that the two parallel systems are seen as blending both African
tradition and modern common law.942 South Africa is popularly considered a
935 KPMG South Africa Economic Snapshop H2, 2016 (2016) 1, see also Smit et al. (2013) 75 936 KPMG (2016) 1
937 Smit et al. (2013) 73 938 Smit et al. (2013) 73 939 Ibid
940 Ibid
941 Van Niekerk and Wildenboer, The Origins of South African Law (2009) 1 942 Ibid
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constitutional democracy as of the new constitutional order of 1996 which replaced parliamentary sovereignty with constitutional supremacy. The net result was that the
Constitution was framed as the ultimate law of the land.943 That also means any law or
conduct which is found to be inconsistent with the Constitution, be it procedurally or substantively, will be declared invalid to the extent of such inconsistency. The 1996 Constitutional Order enshrined the Bill of Rights as a safeguard to human rights, to end decades of state-sanctioned repression and racism under the auspices of the apartheid regime. The courts were afforded wide latitude to pronounce any law or conduct that is found to be inconsistent with the Bill of Rights and the Constitution to be invalid to the extent of its consistency.944 The Bill of Rights guarantees and
safeguards people’s rights.945