Independence and Accountability of the South African Judiciary

After several decades of apartheid rule, which denied human rights to the majority of the population on the ground of race and came to be regarded as a crime against humanity, South Africa adopted its first democratic Constitution in the early 1990s. The 1996 Constitution, which succeeded the 1993 interim Constitution, is considered one of the most progressive in the world. In its founding provisions, it states that South Africa is a democratic state founded on human dignity, the achievement of equality, the advancement of human rights and freedoms. The Constitution enshrines fundamental human rights in a justiciable Bill of Rights as a cornerstone of democracy. Unfortunately, in the eyes of a number of politicians, officials and lay-persons, the rights in the Bill of Rights accrue to South African citizens only. Xenophobia, which has been rampant since the end of apartheid, seems to support the idea that foreigners should not enjoy these rights. Foreign nationals have often been accused of posing a threat to South African citizens with regard to employment opportunities. In light of the South African legislation and jurisprudence, this article affirms the position of the South African labour law that foreign nationals are indeed protected by the Constitution and entitled to rights in the Bill of Rights, including the rights to work and fair labour practices.

Download Full-text

Empowering Women in Blue Uniforms—Gender and Police in South Africa

Gender Questions ◽

10.25159/2412-8457/6769 ◽

2020 ◽

Vol 7 (1) ◽

Author(s):

Shanta Singh ◽

Sultan Khan

Keyword(s):

South African ◽

Police Officers ◽

Police Work ◽

Police Force ◽

Police Culture ◽

The South ◽

South African Police Service ◽

Female Police Officers ◽

South African Police ◽

Female Officers

Gender in the police force has received scant attention by researchers, although there are complex social dimensions at play in how male and female law enforcement officers relate to each other in the workplace. Given the fact that males predominate in the police force, their female counterparts are often marginalised due to their sexual orientation and certain stereotypes that prevail about their femininity. Male officers perceive female officers as physically weak individuals who cannot go about their duties as this is an area of work deemed more appropriate to men. Based on this perception, female officers are discriminated against in active policing and often confined to administrative duties. This study looks at how female police officers are discriminated against in the global police culture across the globe, the logic of sexism and women’s threat to police work, men’s opposition to female police work, gender representivity in the police force, and the integration and transformation of the South African Police Service to accommodate female police officers. The study highlights that although police officers are discriminated against globally, in the South African context positive steps have been taken to accommodate them through legislative reform.

Download Full-text