Rights, the public and the South African Constitution: civil society and the performance of rights

2008 ◽  
Vol 31 (1-2) ◽  
pp. 58-69
Author(s):  
Naudé Malan
Keyword(s):  
Civil Society ◽  
South African ◽  
The South ◽  
The Public ◽  
South African Constitution

scholarly journals The South African Constitution's empty promise of "radical transformation": unequal access to quality education for black and/or poor learners in the public basic education system

2019 ◽  
Vol 23 ◽  
Author(s):  
Lorette Arendse
Keyword(s):  
South African ◽  
Basic Education ◽  
Holistic Approach ◽  
Quality Education ◽  
The South ◽  
The Public ◽  
Economic Class ◽  
Unequal Access ◽  
South African Constitution ◽  
Radical Transformation

ABSTRACT The South African Constitution mandates the radical transformation of the public basic education system. To that end, the Constitution, read with the South African Schools Act, entrenches a right of equal access to quality basic education for all. The substantive approach to equality, rooted in the transformative ideology of the Constitution, necessitates an acknowledgment and overcoming of the past patterns of disadvantage, based primarily on the grounds of race and socio-economic class. Locating my analysis in "quality education" in the United Nations Report, "Normative action for quality education", I find that the definition of "quality education" involves a holistic approach which encompasses learners' level of academic achievement, the provision of an adequate school infrastructure, a well-qualified teaching profession, and schools that embrace a substantive form of democracy. In examining each of these indicators, I find the emergence of a clear pattern: for black and/or poor South African learners in the public school domain, disadvantage manifests in an unequal access to quality education. Keywords: South African Constitution, transformation, basic education, unequal access, race , socio-economic class, black and poor, patterns of disadvantage, quality education, holistic approach.

scholarly journals The Representation of Religion in Religion Education: Notes from the South African Periphery

2018 ◽  
Vol 8 (3) ◽  
pp. 146 ◽  
Author(s):  
Abdulkader Tayob
Keyword(s):  
South African ◽  
Public Life ◽  
Educational Practice ◽  
The South ◽  
Policy Document ◽  
The Public ◽  
Public Representation ◽  
History Of ◽  
Pluralistic Approach ◽  
Religion In Public Life

Scholars of Religion Education (RE) have promoted a non-confessional approach to the teaching of religions that explores and examines the religious history of humankind, with due attention paid to its complexity and plurality. In this promotion, the public representation of religion and its impact on RE has not received sufficient attention. An often hegemonic representation of religion constitutes an important part of religion in public life. Moreover, this article argues that this representation is a phenomenon shared by secular, secularizing, and deeply religious societies. It shows that a Western understanding of secularization has guided dominant RE visions and practices, informed by a particular mode of representation. As an illustration of how education in and representation of religion merges in RE, the article analyses the South African policy document for religion education. While the policy promotes RE as an educational practice, it also makes room for a representation of religion. This article urges that various forms of the representation of religion should be more carefully examined in other contexts, particularly by those who want to promote a non-confessional and pluralistic approach to RE.

scholarly journals THE RIGHT TO MOTHER-TONGUE EDUCATION: PRACTICABLE OR NOT?

Obiter ◽  
2021 ◽  
Vol 34 (2) ◽  
Author(s):  
Chrizell Chürr
Keyword(s):  
South African ◽  
Basic Education ◽  
Mother Tongue ◽  
Cumulative Effect ◽  
The South ◽  
National Education ◽  
Mother Tongue Education ◽  
South African Constitution ◽  
The Right ◽  
South African Schools Act

Mother-tongue and mother-tongue education are recognized worldwide as one of the most efficient ways to function cognitively and socially. This article addresses the role of proper mother-tongue education with an emphasis on the importance of “language” since language is vital to a child’s right to a basic education in all its dimensions. Without mother-tongue education, every child’s right to learn and to become a skilful adult, able to participate independently in society, is at risk. The cumulative effect of the South African Constitution, the National Education Policy Act, the South African Schools Act, several international instruments and a number of ground-breaking cases, as well as the interaction between them on mother-tongue education will be examined. The implementation of certain education models will also be proposed.

scholarly journals The effects of COVID-19 on vulnerable groups: A reflection on South African informal urban settlements

2021 ◽  
Vol 9 (1) ◽  
Author(s):  
Bethuel Ngcamu ◽  
Evangelos Mantzaris
Keyword(s):  
Civil Society ◽  
South African ◽  
Informal Settlements ◽  
Secondary Data ◽  
Humanitarian Assistance ◽  
Vulnerable Groups ◽  
The South ◽  
Response Strategies ◽  
Vulnerable Communities ◽  
Negative Effect

Background: The economically vulnerable population, mostly black, especially those who are residing in precarious informal settlements are most susceptible to the coronavirus disease 2019 (COVID-19) pandemic.Aim: To determine the impacts of the COVID-19 pandemic on the socio-economic condition of the vulnerable groups in South Africa. It also attempts to reflect the government’s response strategies to provide help and services for the vulnerable communities who are considered to be most susceptible to the existing pandemic. Lastly, the response strategies of civil society groups and the challenges they are encountering in providing humanitarian assistance to indigent communities are explored.Setting: This is a reflective study where secondary data has been analysed and intertwined with the researchers’ experiences and insights of the South African informal settlements’ welfare.Methods: This article followed a reflective approach where the experiences of the vulnerable communities are strategically reflected upon.Results: This fascinating study unearthed the effects of the coronavirus disease on the socio-economic conditions of vulnerable communities, the economy of the informal sector, the brutal enforcement agencies during the lockdown period, criminality, the fragmented government response and the marginalisation and frustration of civil society groups in providing humanitarian assistance to those in need.Conclusion: The South African government’s fragmentations, bureaucratic, maladministration and corruption in public departments have adversely impacted the welfare of the vulnerable groups who are living in the informal settlements. The human rights violations by the security agencies which are directed to the indigent people, and the centralisation of the humanitarian efforts by government had a negative effect on their wellbeing.

scholarly journals Whistleblowing: Impediments to effective implementation within the South African public sector

2011 ◽  
Vol 8 (3) ◽  
pp. 196-208 ◽  
Author(s):  
Nirmala Dorasamy ◽  
Soma Pillay
Keyword(s):  
Public Sector ◽  
South African ◽  
Public Service ◽  
Justice System ◽  
Quantitative Research ◽  
Code Of Conduct ◽  
The South ◽  
The Public ◽  
Effective Implementation ◽  
The Cost

This purpose of this article is to explore impediments to effective whistleblowing as a strategy for promoting anti-corruption practices within the South African public sector. Corruption, which violates the public service code of conduct; deters foreign investment, increases the cost of public service delivery, undermines the fight against poverty and unnecessarily burdens the criminal justice system. The article addresses the question on whether legislation on whistleblowing is adequate to encourage whistleblowing in the public sector. A review of literature determines that the effective implementation of whistleblowing legislation is largely dependent on addressing the challenges identified in the article. The quantitative research method was employed in the study to ascertain the views of employees in the public sector on whistleblowing. Empirical findings confirm the hypothesis that the protection of whistleblowers through legislation is inadequate to encourage whistleblowing. The article provides a conceptual framework for the effective achievement of the intended outcomes of whistleblowing in the public sector.

scholarly journals The Law and Practice of Criminal Asset Forfeiture in South African Criminal Procedure: A Constitutional Dilemma

2017 ◽  
Vol 17 (3) ◽  
pp. 1069
Author(s):  
Vinesh Basdeo
Keyword(s):  
Human Rights ◽  
South African ◽  
Justice System ◽  
Organised Crime ◽  
Primary Objective ◽  
The South ◽  
European Court ◽  
Proceeds Of Crime ◽  
Asset Forfeiture ◽  
South African Constitution

The deprivation of the proceeds of crime has been a feature of criminal law for many years. The original rationale for the confiscation of criminal assets at international level was the fight against organised crime, a feature of society described by the European Court of Human Rights as a "scourge" so that the draconian powers which are a feature of confiscation regimes around the world have been approved in circumstances which otherwise might have caused governments considerable difficulties before the international human rights tribunals.[1] The primary objective of this article is to determine if the asset forfeiture measures employed in the South African criminal justice system are in need of any reform and/or augmentation in accordance with the "spirit, purport and object" of the South African Constitution.[2] This article attempts to answer three questions. Firstly, why is criminal asset forfeiture important to law enforcement? Secondly, in which circumstances can property be forfeited and what types of property are subject to forfeiture? Thirdly, how is forfeiture accomplished, and what are its constitutional ramifications? 

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