Evolution of South Africa's Racist Constitutions and the 1983 Constitution

1987 ◽  
Vol 16 (1) ◽  
pp. 18-23
Author(s):  
Xia Jisheng
Keyword(s):  
South Africa ◽  
South African ◽  
State Law ◽  
The South ◽  
Constitutional Development ◽  
The Third ◽  
Fundamental State ◽  
History Of ◽  
South African Constitution

Since the enforcement of 1983 constitution, several years have passed. The 1983 constitution is the third constitution since the founding of the Union of South Africa in 1910. By observing the history of the constitutional development in more than seventy years in South Africa and the content of the current South African constitution, it is not difficult to find out that the constitution, as a fundamental state law, is an important weapon of racism. South Africa's white regime consistandy upholds and consolidates its racist rule by adopting and implementing constitutions. The aim of this article is to analyze and expose the essence of the South African racist system in mis aspect.

scholarly journals Sideswipes and Backhanders: Abolition of the Reasonable Chastisement Defence in South Africa

2020 ◽  
Vol 34 (2) ◽  
pp. 191-203
Author(s):  
Julia Sloth-Nielsen
Keyword(s):  
South Africa ◽  
South African ◽  
Corporal Punishment ◽  
Cultural Beliefs ◽  
Freedom Of Religion ◽  
Constitutional Court ◽  
Correct Decision ◽  
The South ◽  
Constitutional Development ◽  
History Of

Abstract This article reviews the abolition of the defence of reasonable chastisement by the South African Constitutional Court on the grounds that it infringes the Constitution. After detailing the history of the abolition of corporal punishment in a democracy with the Constitution as supreme law, the article dissects the reasoning of the Constitutional Court. It argues that judgment in Freedom of Religion South Africa v Minister of Justice and Constitutional Development (hereafter FORSA), whilst overall positive in its result, is probably a low water mark in the development of children’s rights jurisprudence in South Africa. There are a number of inadequacies and strangely deferential statements in the FORSA decision. Whilst inescapably coming to the constitutionally correct decision, the reluctance of the Court to reach this point, and its desire to accommodate the religious and cultural beliefs of the appellants, is evident. The way forward has, as a result, been left rather obscure.

New South African Review 3: The second phase – tragedy or farce? (John Daniel, Prishani Naidoo, Devan Pillay and Roger Southall, eds)

2020 ◽  
Vol 36 (1) ◽  
Author(s):  
Dirk Kotzé
Keyword(s):  
South Africa ◽  
South African ◽  
Social Practice ◽  
New South ◽  
Second Phase ◽  
Human Sciences ◽  
The South ◽  
Negotiated Settlement ◽  
The Third ◽  
Direct Competition

As the title indicates this publication is the third issue in a series of reviews. The first issue was subtitled 2010: Development or decline? (2010) and the second was New paths, old promises? (2011). These publications are edited in the Department of Sociology at Wits University as part of its Strategic Planning and Allocation of Resources Committee (SPARC) Programme. The series is intended to be a revival of the South African Review edited by the South African Research Service and published by Ravan Press in the 1980s and early 1990s. Arguably one of the best known of these series was issue seven edited by Steven Friedman and Doreen Atkinson, The Small Miracle: South Africa's negotiated settlement (1994). The latest publication should also be seen as direct competition for the Human Sciences Research Council's (HSRC) regular publication, State of the Nation. The New South African Review 3 is organised into four parts, namely Party, Power and Class; Ecology, Economy and Labour; Public Policy and Social Practice; and South Africa at Large. The four editors introduce each of the sections, consisting of 16 chapters in total. Thebook's format appears to be that of a yearbook but it is not linked to a specific year. It is therefore not in the same category as for example the South African Institute of Race Relations' annual South Africa Survey. The Review is organised around a theme, albeit very general in its formulation, and in the case of the third issue it is also not applicable to all its chapters. At the same time, though, it is not a yearbook as the choice of chapters and their foci are on the latest developments. 

Teaching About Sexual and Gender Diversity and Challenging Homophobia/Transphobia in the South African School System

2016 ◽  
pp. 165-184
Author(s):  
Finn Reygan
Keyword(s):  
South Africa ◽  
Education Policy ◽  
South African ◽  
Gender Diversity ◽  
The South ◽  
Gender Minorities ◽  
South African School ◽  
And Gender ◽  
South African Constitution ◽  
Diversity In Education

The South African Constitution was the first in the world to include sexual orientation protections, and the country was an early embracer of same-sex marriage. Nevertheless, the lives of sexual and gender minorities in South Africa, including young people in schools, are often characterized by violence and discrimination. The growing body of research on sexual and gender diversity in education in South Africa indicates that homophobia is widespread in schools and that teachers and school principals are ill-prepared to challenge this homophobia and to teach in an affirming way about sexual and gender diversity. This chapter discusses the development of a training module for South African teachers on how best to challenge homophobia and transphobia and to teach about sexual and gender diversity in schools. Given the focus in South African education policy on social justice and inclusion in the post-apartheid context, this ground-breaking intervention supports transformative education policy.

"The Struggle Made Me a Nonracialist": Why There was so Little Terrorism in the Antiapartheid Struggle

2007 ◽  
Vol 12 (2) ◽  
pp. 193-203 ◽  
Author(s):  
Jeff Goodwin
Keyword(s):  
South Africa ◽  
South African ◽  
Communist Party ◽  
African National Congress ◽  
Political Organization ◽  
The South ◽  
Social Basis ◽  
White Allies ◽  
History Of ◽  
National Congress

Most theories of terrorism would lead one to have expected high levels of antiwhite terrorism in apartheid South Africa. Yet the African National Congress, the country's most important and influential antiapartheid political organization, never sanctioned terrorism against the dominant white minority. I argue that the ANC eschewed terrorism because of its commitment to "nonracial internationalism." From the ANC's perspective, to have carried out a campaign of indiscriminate or "categorical" terrorism against whites would have alienated actual and potential white allies both inside and outside the country. The ANC's ideological commitment to nonracialism had a specific social basis: It grew out of a long history of collaboration between the ANC and white leftists inside and outside the country, especially those in the South African Communist Party.

Equality and Non-Discrimination in the South African Constitution

2000 ◽  
Vol 4 (1) ◽  
pp. 47-71
Author(s):  
Joan Small ◽  
Evadne Grant
Keyword(s):  
South Africa ◽  
South African ◽  
Human Dignity ◽  
Constitutional Court ◽  
Bill Of Rights ◽  
The South ◽  
Legal Effect ◽  
The Law ◽  
South African Constitution

Equality occupies the first place in most written constitutions, but in South Africa, its importance is magnified both in terms of the text of the Constitution and in terms of the context in which that Constitution operates. The Bill of Rights is expected, in South Africa, to help bring about the transformation of the society. These expectations of transformation through the operation of the Bill of Rights are informing the development of the law in relation to equality and non-discrimination by the Constitutional Court. The concept of discrimination is uniquely defined in the South African Bill of Rights. The Courts are struggling to give legal effect to the terminology. The test developed by the Court to interpret the equality clause, it is submitted, is comprehensive and informed. But the application of the test is sometimes problematic. This paper addresses the evolving concepts of equality and discrimination in South Africa and discusses some of the difficulties with certain aspects of the test for discrimination, including the concepts of unfairness and human dignity, which have caused division among the judiciary.

The Human Right to Water in South Africa and the Mazibuko Decisions

2011 ◽  
Vol 51 (3-4) ◽  
pp. 521-540 ◽  
Author(s):  
Tracy Humby ◽  
Maryse Grandbois
Keyword(s):  
South Africa ◽  
South African ◽  
Constitutional Court ◽  
The South ◽  
Human Right ◽  
Lower Courts ◽  
Access To Water ◽  
South African Constitution ◽  
The Right ◽  
Right Of Access

The right of access to sufficient water in the South African Constitution has for long been regarded as progressive in a global context where the human right to water is still a subject of contention. In its recent decision handed down in the Mazibuko matter, the South African Constitutional Court interpreted the right of access to sufficient water for the first time and clarified the nature of the State’s obligations which flow from this right. It also commented upon the role of the courts in adjudicating the human right to water. This article describes the passage of the Mazibuko matter and the manner in which the lower courts interpreted the right of access to “sufficient water” as well as outlining the Constitutional Court’s decision in the context of access to water services provision in South Africa.

scholarly journals Celebrating the Reformation as transformation to dignity

2017 ◽  
Vol 3 (2) ◽  
Author(s):  
Donald J Katts
Keyword(s):  
South Africa ◽  
South African ◽  
Building Blocks ◽  
The South ◽  
The Reformation ◽  
South African Constitution

South Africa is on an urgent journey of transformation toward a life of dignity for all. Dignity is at the heart of the South African Constitution of 1996. Some essential building-blocks of dignity are reconciling justice, responsible freedom, equality as equality of worth and equality as aequitas, equity and equilibrium. This paper will discuss how the theology of Reformers like Luther and Calvin informs our thinking about these central features of dignity. Calvin informs our thinking about justice and equality, and Luther informs our thinking about freedom.

The Interaction between Section 233 of the South African Constitution and the Commentaries to the OECD Model Tax Convention on Income and on Capital

2020 ◽  
Vol 53 (1) ◽  
Author(s):  
Enelia Jansen van Rensburg
Keyword(s):  
South Africa ◽  
International Law ◽  
South African ◽  
The South ◽  
Double Taxation ◽  
The Republic ◽  
South African Constitution

The Commentaries to the OECD’s Model Tax Convention on Income and on Capital are at times consulted by South African courts when double taxation agreements are interpreted. The question considered in this article is the nature of the interaction, if any, between these Commentaries and section 233 of the Constitution of the Republic of South Africa, 1996. Section 233 requires a court to prefer a reasonable interpretation of legislation that is consistent with international law over other interpretations that are not consistent with international law. The contribution analyses various aspects of the wording of section 233, including the meaning of the phrase ‘international law’. It points out the various roles that transnational sources may play with regard to section 233, for example these sources may either constitute the ‘international law’ to which section 233 refers, or they may be aids to the interpretation of those sources that constitute ‘international law’. The contribution considers which of these roles the Commentaries are most likely to play for purposes of section 233.

Beyond Memory

2009 ◽  
Author(s):  
Max Mojapelo ◽  
Sello Galane
Keyword(s):  
South Africa ◽  
Popular Music ◽  
South African ◽  
Future Generations ◽  
Black Communities ◽  
African Music ◽  
The South ◽  
Accurate Picture ◽  
History Of ◽  
South African Music

South Africa possesses one of the richest popular music traditions in the world - from marabi to mbaqanga, from boeremusiek to bubblegum, from kwela to kwaito. Yet the risk that future generations of South Africans will not know their musical roots is very real. Of all the recordings made here since the 1930s, thousands have been lost for ever, for the powers-that-be never deemed them worthy of preservation. And if one peruses the books that exist on South African popular music, one still finds that their authors have on occasion jumped to conclusions that were not as foregone as they had assumed. Yet the fault lies not with them, rather in the fact that there has been precious little documentation in South Africa of who played what, or who recorded what, with whom, and when. This is true of all music-making in this country, though it is most striking in the musics of the black communities. Beyond Memory: Recording the History, Moments and Memories of South African Music is an invaluable publication because it offers a first-hand account of the South African music scene of the past decades from the pen of a man, Max Thamagana Mojapelo, who was situated in the very thick of things, thanks to his job as a deejay at the South African Broadcasting Corporation. This book - astonishing for the breadth of its coverage - is based on his diaries, on interviews he conducted and on numerous other sources, and we find in it not only the well-known names of recent South African music but a countless host of others whose contribution must be recorded if we and future generations are to gain an accurate picture of South African music history of the late 20th and early 21st centuries.

Sign in / Sign up

Export Citation Format

Share Document