Political Violence in South Africa: The Role of Youth

1994 ◽  
Vol 22 (2) ◽  
pp. 27-29
Author(s):  
Saths Cooper
Keyword(s):  
South Africa ◽  
Human Rights ◽  
South African ◽  
Political Violence ◽  
Historical Background ◽  
The South ◽  
The Core

A meaningful understanding of the causes of political violence in South Africa and youth’s role in its dénouement must consider some of the historical background to the national struggle for human rights and youth’s specific involvement thereof. The phenomenon of adolescent marchers and activists who characterized the resistance to Apartheid over the last decade has had sequelae and antecedents that reflect the core of the South African dilemma.

Foreigners' Rights to Work and Fair Labour Practices in South Africa: A Review of the South African Labour Legislation and Jurisprudence

2020 ◽  
Vol 35 (1) ◽  
Author(s):  
Andre Mangu
Keyword(s):  
South Africa ◽  
Human Rights ◽  
South African ◽  
Bill Of Rights ◽  
The South ◽  
Legislation And Jurisprudence ◽  
Foreign Nationals ◽  
Lay Persons ◽  
Democratic State ◽  
Labour Legislation

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.

scholarly journals Truth and reconciliation in South Africa: Hindu experiences and concerns

2004 ◽  
Vol 60 (4) ◽  
Author(s):  
P.G.J. Meiring
Keyword(s):  
South Africa ◽  
South African ◽  
Truth And Reconciliation Commission ◽  
Faith Communities ◽  
The South ◽  
Reconciliation Commission ◽  
Truth And Reconciliation ◽  
Hindu Community ◽  
The Way

The author who served on the South African Truth and Reconciliation Commission (TRC), focuses on the Hindu experience in South Africa during the apartheid years. At a special TRC Hearing for Faith Communities (East London, 17-19 November 1997) two submissions by local Hindu leaders were tabled. Taking his cues from those submissions, the author discusses four issues: the way the Hindu community suffered during these years, the way in which some members of the Hindu community supported the system of apartheid, the role of Hindus in the struggle against apartheid, and finally the contribution of the Hindu community towards reconciliation in South Africa. In conclusion some notes on how Hindus and Christians may work together in th

scholarly journals SOME COMMENTS ON WATER RIGHTS IN SOUTH AFRICA

2017 ◽  
Vol 8 (1) ◽  
pp. 1
Author(s):  
N Gabru
Keyword(s):  
South Africa ◽  
Human Rights ◽  
South African ◽  
Fresh Water ◽  
Human Life ◽  
Bill Of Rights ◽  
The South ◽  
Economic Rights ◽  
Basic Part ◽  
The Right

Human life, as with all animal and plant life on the planet, is dependant upon fresh water. Water is not only needed to grow food, generate power and run industries, but it is also needed as a basic part of human life. Human dependency upon water is evident through history, which illustrates that human settlements have been closely linked to the availability and supply of fresh water. Access to the limited water resources in South Africa has been historically dominated by those with access to land and economic power, as a result of which the majority of South Africans have struggled to secure the right to water. Apartheid era legislation governing water did not discriminate directly on the grounds of race, but the racial imbalance in ownership of land resulted in the disproportionate denial to black people of the right to water. Beyond racial categorisations, the rural and poor urban populations were traditionally especially vulnerable in terms of the access to the right.  The enactment of the Constitution of the Republic of South Africa 1996, brought the South African legal system into a new era, by including a bill of fundamental human rights (Bill of Rights). The Bill of Rights makes provision for limited socio-economic rights. Besides making provision for these human rights, the Constitution also makes provision for the establishment of state institutions supporting constitutional democracy.  The Constitution has been in operation since May 1996. At this stage, it is important to take stock and measure the success of the implementation of these socio-economic rights. This assessment is important in more ways than one, especially in the light of the fact that many lawyers argued strongly against 1/2the inclusion of the second and third generation of human rights in a Bill of Rights. The argument was that these rights are not enforceable in a court of law and that they would create unnecessary expectations of food, shelter, health, water and the like; and that a clear distinction should be made between first generation and other rights, as well as the relationship of these rights to one another. It should be noted that there are many lawyers and non-lawyers who maintained that in order to confront poverty, brought about by the legacy of apartheid, the socio-economic rights should be included in a Bill of Rights. The inclusion of section 27 of the 1996 Constitution has granted each South African the right to have access to sufficient food and water and has resulted in the rare opportunity for South Africa to reform its water laws completely. It has resulted in the enactment of the Water Services Act 108 of 1997 and the National Water Act 36 of 1998.In this paper the difference between first and second generation rights will be discussed. The justiciability of socio-economic rights also warrants an explanation before the constitutional implications related to water are briefly examined. Then the right to water in international and comparative law will be discussed, followed by a consideration of the South African approach to water and finally, a few concluding remarks will be made.

scholarly journals OF SEMI-COLONS AND THE INTERPRETATION OF THE HATE SPEECH DEFINITION IN THE EQUALITY ACT South African Human Rights Commission v Qwelane (Freedom of Expression Institute as Amici curiae) and a related matter [2017] 4 All SA 234 (GJ)

Obiter ◽  
2018 ◽  
Vol 39 (2) ◽  
Author(s):  
Joanna Botha
Keyword(s):  
South Africa ◽  
Human Rights ◽  
South African ◽  
Hate Speech ◽  
Freedom Of Expression ◽  
Eastern Cape ◽  
Threshold Test ◽  
Related Matter ◽  
The Republic

In South African Human Rights Commission v Qwelane (hereinafter “Qwelane”) the constitutionality of the threshold test for the hate speech prohibition in section 10(1) of the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 (hereinafter the “Equality Act”) was challenged. Although the court had no difficulty in finding that the publication in question fell squarely within the parameters of hate speech, the judgment is both incoherent and flawed. The court’s conjunctive interpretation of the section 10(1) requirements for hate speech also differs from the disjunctive interpretation given to the same provision in Herselman v Geleba (ECD (unreported) 2011-09-01 Case No 231/09 hereinafter “Herselman”) by the Eastern Cape High Court. The consequence is a “fragmented jurisprudence” which impacts on legal certainty, and which is especially dangerous when the legislation in question is critical to the achievement of the constitutional mandate (Daniels v Campbell NO 2004 (5) SA 331 (CC) par 104 hereinafter “Daniels”).This note demonstrates that the Qwelane court misapplied a number of key principles. These include: the court’s mandate in terms of section 39(2) of the Constitution of the Republic of South Africa, 1996 (hereinafter the “Constitution”); the need to strike an appropriate balance between competing rights in the constitutional framework; the importance of definitional certainty for a hate speech threshold test; the meaning to be ascribed to the terms “hate”, “hurt” and “harm” in the context of hate speech legislation; and the role of international law when interpreting legislation intended to give effect to international obligations.The consequence of these errors for hate speech regulation in South Africa is profound.

HUMAN RIGHTS AND THE ORIGIN OF MYTHS OF POST-APARTHEID SOUTH AFRICAN FOREIGN POLICY

2020 ◽  
Vol 39 (2) ◽  
Author(s):  
Pablo De Rezende Saturnino Braga
Keyword(s):  
South Africa ◽  
Human Rights ◽  
Foreign Policy ◽  
Cold War ◽  
South African ◽  
World Order ◽  
African National Congress ◽  
Historical Background ◽  
Post Cold War ◽  
Iconic Image

The foreign policy narrative of South Africa is strongly grounded in human rights issues, beginning with the transition from a racial segregation regime to a democracy. The worldwide notoriety of the apartheid South Africa case was one factor that overestimated the expectations of the role the country would play in the world after apartheid. Global circumstances also fostered this perception, due to the optimistic scenario of the post-Cold War world order. The release of Nelson Mandela and the collapse of apartheid became the perfect illustration of the victory of liberal ideas, democracy, and human rights. More than 20 years after the victory of Mandela and the first South African democratic elections, the criticism to the country's foreign policy on human rights is eminently informed by those origin myths, and it generates a variety of analytical distortions. The weight of expectations, coupled with the historical background that led the African National Congress (ANC) to power in South Africa, underestimated the traditional tensions of the relationship between sovereignty and human rights. Post-apartheid South Africa presented an iconic image of a new bastion for the defence of human rights in the post-Cold War world. The legacy of the miraculous transition in South Africa, though, seems to have a deeper influence on the role of the country as a mediator in African crises rather than in a liberal-oriented human rights approach. This is more evident in cases where the African agenda clashes with liberal conceptions of human rights, especially due to the politicisation of the international human rights regime. 

South Africa and Scotland in the First World War

2016 ◽  
Author(s):  
Jonathan Hyslop
Keyword(s):  
South Africa ◽  
South African ◽  
British Empire ◽  
The South ◽  
Political Identities ◽  
South Africans ◽  
The First World War ◽  
Battle Of The Somme ◽  
First World

This chapter discusses the powerful and long-lasting impact Scottish military symbolism on the formation of military culture in South Africa. Drawing on the work of John MacKenzie and Jonathan Hyslop’s notion of ‘military Scottishness’, this chapter analyses how Scottish identity both interacted with the formation of political identities in South Africa, and ‘looped back’ to connect with changing forms of national identity in Scotland itself. In particular, it addresses how the South Africans’ heroic role at Delville Wood, during the Battle of the Somme, became a putative symbol of this racialised ‘South Africanism’. The South African Brigade included a battalion of so-called ‘South African Scottish’ which reflected the phenomenon of military Scottishness. Overall, the chapter looks at the way in which the representations of the role of the South African troops involved an interplay between British empire loyalism, white South African political identities, and Scottishness.

Community Engagement

2020 ◽  
pp. 261-287 ◽  
Author(s):  
Tshimangadzo Selina Mudau
Keyword(s):  
South Africa ◽  
Sustainable Development ◽  
Literature Review ◽  
Community Engagement ◽  
Urban Communities ◽  
South African ◽  
Social Transformation ◽  
Historical Background ◽  
Rural And Urban

The chapter presents the use of community engagement as a tool to facilitate rural development in (South) Africa. In its discussion, the researcher used desktop literature review to analyze, compare, and gain insights guiding the use of community engagement to enhance social transformation and sustainable development. The discussion is advanced from the historical background of the emergence of African universities and community engagement. The focus was reflected against the backdrop of the Western approach used among various global universities. In this view, the underpinning objectives, relationship with the researched, and the role of the researching university are detailed. Practical evidence of positive collaborative results within the (South) African communities within the rural and urban communities by universities and other organizations have also been provided. A contrast of various types of community engagement is also provided.

scholarly journals The militarisation of the Platfontein San (!Xun and Khwe): The initial years 1966–1974

2014 ◽  
Vol 10 (4) ◽  
Author(s):  
A S Van Wyk
Keyword(s):  
South Africa ◽  
South African ◽  
The South ◽  
Security Forces ◽  
Political Events ◽  
Northern Cape ◽  
Liberation Movements ◽  
Made In

The resettlement of 372 San (Bushmen) soldiers with dependents from 31/201 and 203 Battalions in Namibia to Schmidtsdrift in the Northern Cape during March 1990 was the last chapter in the process of militarisation of the !Xun and Khwe communities. However, there is a popular perception that the South African Defence Force (SADF) was primarily responsible for the militarisation of this particular San community, with the founding of 31 Battalion during 1974. This ignores the fact that the !Xun and Khwe originated in Angola, where they were actively involved with the Portuguese security forces. With one exception, only superficial mention is made in the literature about the role of the San soldiers in Angola before independence in November 1975. This article shows that the militarisation of the San actually started in 1966, when members of the !Xun were recruited by the Portuguese Security Police (PIDE) and successfully used against the Angolan liberation movements MPLA, FNLA and UNITA. The lifestyle of the San before the PIDE era is discussed, as is the period in which they were raised to a superior status as flecha fighters. This period of military prowess ended with the independence of Angola and resulted in the !Xun and Khwe seeking refuge with the SADF. These geo-political events led to the founding of 31 Battalion, situated in the Western Caprivi, where former flecha soldiers were retrained and incorporated into SADF structures. In closing, brief mention is made of the resettlement of the !Xun and Khwe to Schmidtsdrift in South Africa.

scholarly journals Unpacking the Law and Practice Relating to Parole in South Africa

2017 ◽  
Vol 14 (5) ◽  
pp. 204
Author(s):  
Jamil D Mujuz
Keyword(s):  
South Africa ◽  
South African ◽  
The South ◽  
Early Release ◽  
Correctional Services ◽  
The Law ◽  
Parole System

The possibility of the early release of offenders on parole is meant to act inter alia as an incentive to ensure that prisoners behave meritoriously while serving their sentences. The South African Correctional Services Act No.111 of 1998 deals with the release of offenders on parole. This article discusses the jurisprudence emanating from South African courts dealing with various aspects of parole. In particular, the article deals with the following issues: parole as a privilege; the role of the executive and the legislature in the parole system; the period to be served before an offender is paroled; the stipulated non-parole period; and the courts’ intervention in releasing prisoners on parole.

scholarly journals Raamwerkwetgewing ter Verwesenliking van die Reg op Toegang tot Voldoende Voedsel

2017 ◽  
Vol 15 (5) ◽  
pp. 228
Author(s):  
Anél Terblanche ◽  
Gerrit Pienaar
Keyword(s):  
South Africa ◽  
Human Rights ◽  
Food Security ◽  
South African ◽  
The South ◽  
The Republic ◽  
The Right ◽  
Human Rights Based Approach ◽  
Right Of Access ◽  
Sufficient Food

Various South African government reports list food security as a development priority. Despite this prioritisation and despite the fact that South Africa is currently food self-sufficient, ongoing food shortages remain a daily reality for approximately 35 percent of the South African population. The government's commitment to food security to date of writing this contribution manifests in related policies, strategies, programmes and sectoral legislation with the focus on food production, distribution, safety and assistance. A paradigm shift in the international food security debate was encouraged during 2009, namely to base food security initiatives on the right to sufficient food. During a 2011 visit to South Africa, the Special Rapporteur for the Right to Food of the United Nations, accordingly confirmed that a human rights-based approach to food security is necessary in the South African legal and policy framework in order to address the huge disparities in terms of food security (especially concerning geography, gender and race). A human rights-based approach to food security will add dimensions of dignity, transparency, accountability, participation and empowerment to food security initiatives. The achievement of food security is further seen as the realisation of existing rights, notably the right of access to sufficient food. The right of access to sufficient food, as entrenched in section 27(1)(b) of the Constitution of the Republic of South Africa, 1996 will accordingly play a central role within a human rights-based approach to food security. Section 27(2) of the Constitution of the Republic of South Africa, 1996 qualifies section 27(1)(b) by requiring the state to take reasonable legislative and other measures, within its available resources, to achieve the progressive realisation of each of the section 27(1) rights. The South African government's commitment to food security, as already mentioned, currently manifests in related policies, strategies and programmes, which initiatives will qualify as other measures as referred to in section 27(2) mentioned above. This contribution, however, aims to elucidate the constitutional duty to take reasonable legislative measures as required by section 27(2) within the wider context of food security. This contribution is more specifically confined to the ways in which a human rights-based approach to food security can be accommodated in a proposed framework law as a national legislative measures. Several underlying and foundational themes are addressed in this contribution, amongst others: (a) the relationship between food security and the right of access to sufficient food; (b) food security as a developmental goal; and (c) the increasing trend to apply a human rights-based approach to development initiatives in general, but also to food security.

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