Criminological Science and the Criminal Law on the Colonial Periphery: Perception, Fantasy, and Realities in South Africa, 1900-1930

1995 ◽  
Vol 20 (04) ◽  
pp. 911-939 ◽  
Author(s):  
Martin Chanock
Keyword(s):  
South Africa ◽  
Criminal Justice ◽  
South African ◽  
Criminal Law ◽  
Sense Of Self ◽  
African State ◽  
Early Years ◽  
The South ◽  
Legal Doctrine ◽  
Self And Other

This article, by framing criminology and criminal law together, suggests that in the early years of the South African state both bodies of discourse served to evade reality and to construct a sense of self and other as a part of the development of the administration of South African criminal law. It considers the derivation of South African criminology from contemporary metropolitan formulations. South African legal doctrine and practice likewise depended on extra-South African sources. These imported discourses provided lenses through which a descriptive confrontation with the realities of the processes of criminalization, and the administration of criminal justice could be avoided precisely by hose “expert” in these fields. Instead, science and law, far from being pragmatic disciplines, provided the means by which to fantasize about the nature of white justice and black criminality.

scholarly journals TRANSFORMATION OF GOVERNANCE IN STATE-OWNED COMPANIES: THE CASE OF SOUTH AFRICA AS A DEVELOPING COUNTRY

2021 ◽  
Vol 9 (7) ◽  
pp. 162-176
Author(s):  
Maphelo Malgas ◽  
Bonginkosi Wellington Zondi
Keyword(s):  
South Africa ◽  
South African ◽  
General Public ◽  
African State ◽  
South African Government ◽  
The South ◽  
African Government ◽  
Financial Reports ◽  
The People ◽  
The Will

The basis of this article is an article published by Thomas (2012) whose objective was to track over a two-year period the performance of five strategic South African state-owned enterprises with regards to issues of governance. These enterprises were ESKOM, South African Airways (SAA), South African Broadcasting Corporation (SABC), Telkom, and Transnet. The paper revealed that there were serious transgressions in these entities and recommendations were made to address these. The aim of this article therefore was to establish whether or not the transgressions reported by Thomas are still happening within these entities. The data was collected from the 2014/2015, 2015/2016, 2016/2017, and 2017/2018 financial reports of these entities. The study revealed that the transgressions are still taking place. With regards to issues of sustainability SAA and SABC continue to make loses, with SAA continuing to be bailed out by the South African government against the will of the South African general public. Fruitless and wasteful expenditure increased in all the five entities mentioned above and no serious action has been taken by the South African government to hold the people responsible accountable. While Telkom, Transnet and Eskom were making profits these profits are not at the envisaged level.

The Constitution of Namibia: an Overview

1991 ◽  
Vol 35 (1-2) ◽  
pp. 56-78 ◽  
Author(s):  
Jill Cottrell
Keyword(s):  
South Africa ◽  
South African ◽  
African State ◽  
World War ◽  
The South ◽  
International Court Of Justice ◽  
Armed Struggle ◽  
Constituent Assembly ◽  
International Court ◽  
The First World War

Namibia finally achieved independence on 21 March, 1990, after a long struggle and many false hopes and setbacks. In a nutshell: the territory was colonized by Germany. It was seized by South African forces during the First World War, and then made the subject of a League of Nations Mandate, administered by South Africa, after the war. Following the Second World War, South Africa tried to incorporate the territory, a move resisted by the United Nations. In 1966 the International Court of Justice denied standing to Ethiopia and Liberia to allege breaches of the mandate. However, shortly thereafter the UN voted to terminate the mandate. At about the same time the South West African People's Organization (SWAPO) launched its armed struggle. South Africa's response to these developments was to implement plans for the closer integration of the territory into the South African state, and into the system of apartheid. As a result, a system of native authorities, based on ethnicity, was introduced.In 1975 the “Turnhalle” talks were started which, although rejected by most of the black groups, led to the establishment of a constituent Assembly. During the same period, a “Contract Group” of Western Nations began to negotiate with South Africa over a settlement for Namibia. The ultimate proposals were accepted by the UN, SWAPO and South Africa, and the plans were recognized by UN Resolution 435. But immediately thereafter problems began to arise, and talks about implementation stopped and started for a number of years.

South Africa and the Antarctic, 1920–1960

Polar Record ◽  
1996 ◽  
Vol 32 (180) ◽  
pp. 25-42 ◽  
Author(s):  
Klaus J. Dodds
Keyword(s):  
South Africa ◽  
South African ◽  
African State ◽  
The United States ◽  
The South ◽  
African Government ◽  
Determining Factors ◽  
Antarctic Continent ◽  
Antarctic Treaty ◽  
The Antarctic

AbstractThe South African state has never made a formal claim to the Antarctic continent. In the inter-war period, the South African government prepared a number of memorandums and discussion papers on the subject of a ‘South African sector in the Antarctic.’ This paper not only critically interprets those government papers, but, more importantly, assesses the reasons why South Africa never made a formal claim. It is suggested that relations with Britain and the Empire, as well as the activities of Norway and the United States, were crucial determining factors. Finally, the implications for later South African involvement in the South Atlantic and the Antarctic Treaty System are briefly considered.

scholarly journals Vuvuzela Magic

2014 ◽  
Vol 7 (2) ◽  
pp. 177-204 ◽  
Author(s):  
Duane Jethro
Keyword(s):  
South Africa ◽  
South African ◽  
African State ◽  
Complex Relationship ◽  
Cultural Significance ◽  
The South ◽  
World Cup ◽  
Indigenous Groups ◽  
Football Fans

During the FIFA 2010 World Cup in South Africa, a mass-produced, plastic football supporters’ horn known as the vuvuzela attracted worldwide fame and infamy. This article discusses the vuvuzela’s construction as a material and sonorous register of ‘African’ and ‘South African’ cultural distinctiveness. Specifically, it discusses the production, circulation and consumption of its ‘African’ cultural significance as a heritage form. It outlines the contested political and ideological economy – involving the South African state and football officials, FIFA, a local manufacturer, indigenous groups and football fans – through which the instrument travelled. Demonstrating the instrument’s circulation through this network, the article shows how the construction and authentication of the vuvuzela materially and sonically staged the negotiation of notions of ‘Africanness’ and ‘South Africanness’, as well as their complex relationship in post-apartheid South Africa, during the tournament.

Integrating Alternative Dispute Resolution into South African Criminal Jurisprudence: An Urgent Need for Law Reforms

Politeia ◽  
2019 ◽  
Vol 38 (2) ◽  
Author(s):  
Prince Pius Imiera
Keyword(s):  
South Africa ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Dispute Resolution ◽  
South African ◽  
Alternative Dispute Resolution ◽  
Justice System ◽  
The South ◽  
Research Problems ◽  
Criminal Jurisprudence

This article argues for the inclusion of alternative dispute resolution (ADR) into the criminal justice administration of South Africa, which will ultimately result in the comprehensive legal transformation of the country’s justice system. Non-traditional dispute resolution processes, which fall within the context of ADR, are globally accepted and have been implemented in different dispute contestations. The argument whether ADR should be applied in a criminal justice context, poses normative questions concerning the function of the justice system, and sociological questions concerning the nature of criminals and crimes. Crime rates in South Africa are high and the criminal justice system may be unable to cope with the floodgates of formal litigation. In this context the article argues for the integration of ADR into the South African criminal justice system. Two major research problems are addressed through reviewing existing literature and doing desktop research. The first aspect concerns the integration of ADR into the South African criminal justice system with a view to effecting law reforms. Second, the question regarding the roles of traditional rulers in resolving criminal disputes is explored. The conclusions reached relate to the need for law reformation in South Africa, particularly in respect of the integration of ADR into criminal jurisprudence, in order to become aligned with other jurisdictions the world over.

Risk-taking Behaviour in South African Correctional Centres: A Case Study of the Leeuwkop Correctional Centre

2013 ◽  
Vol 21 (2) ◽  
pp. 207-231
Author(s):  
Willem F.M. Luyt ◽  
Gomolemu M. Moshoeu
Keyword(s):  
South Africa ◽  
Substance Abuse ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
South African ◽  
Risk Taking ◽  
Justice System ◽  
The South ◽  
Correctional System

Risk-taking behaviour is a global phenomenon that shows increased presence in certain institutional circles. Various forms of risk-taking behaviours are deeply rooted in the South African correctional system and other branches of the criminal justice system. South Africa needs new approaches to deal with matters related to risk-taking behaviour in the criminal justice system (particularly inside correctional centres), for example, HIV infection, inmate rape and a growing problem concerning substance abuse. This investigation looks into risk-taking behaviour behind prison walls. The Leeuwkop correctional complex, a microcosm of the South African correctional system, was chosen for the investigation.

Religion as Race, Recognition as Democracy

2011 ◽  
Vol 637 (1) ◽  
pp. 148-164 ◽  
Author(s):  
Noah Tamarkin
Keyword(s):  
South Africa ◽  
South African ◽  
African State ◽  
The South ◽  
South Africans ◽  
Black Jews ◽  
Politics Of Race ◽  
Media Discourses ◽  
Forms Of Violence ◽  
Past Injustices

Apartheid South Africa enacted physical, structural, and symbolic forms of violence on racially marked South Africans, and postapartheid South Africa has enacted ambitious—though also limited—laws, policies, and processes to address past injustices. In this article, the author traces the South African political histories of one self-defined group, the Lemba, to understand how the violence they collectively experienced when the apartheid state did not acknowledge their ethnic existence continues to shape their ideas of the promise of democracy to address all past injustices, including the injustice of nonrecognition. The Lemba are known internationally for their participation in DNA tests that indicated their Jewish ancestry. In media discourses, their racialization as black Jews has obscured their racialization as black South Africans: they are presented as seeking solely to become recognized as Jews. The author demonstrates that they have in fact sought recognition as a distinct African ethnic group from the South African state consistently since the 1950s. Lemba recognition efforts show that the violence of nonrecognition is a feature of South African multicultural democracy in addition to being part of the apartheid past. The author argues that the racialization of religion that positions the Lemba as genetic Jews simplifies and distorts their histories and politics of race in South Africa.

Regulatory Politics in South Africa 25 Years After Apartheid

2021 ◽  
Vol 56 (1) ◽  
pp. 79-91
Author(s):  
Jonathan Klaaren
Keyword(s):  
South Africa ◽  
South African ◽  
Legal Theory ◽  
Separation Of Powers ◽  
African State ◽  
The South ◽  
The Past ◽  
Crucial Component ◽  
Regulatory Institutions ◽  
Regulatory Politics

This paper explores debates and politics over the place of regulatory democracy in contemporary South African constitutionalism. Twenty-five years after the formal legal transition from apartheid, regulatory institutions – by and large not the focus of negotiations in the early 1990s – have increasingly assumed prominence within the South African state. Such organisations and their functions do not fit easily within one ‘branch’ of the classic legal theory of the separation of powers into three parts, namely the judiciary, the legislature, and the executive. A typology of regulatory institutions in the South African polity includes at least four distinct types. The work of these regulatory organisations in formulating and implementing law in post-apartheid South Africa has become significant in politics, especially over the past decade. While the existence and operation of regulatory institutions does not itself comprise the whole of regulatory politics, such organisations do constitute a crucial component of and locus for such politics.

scholarly journals Taking stock of the last 20 years: Responses to organised crime in a democratic South Africa

2016 ◽  
Author(s):  
Khalil Goga
Keyword(s):  
South Africa ◽  
South African ◽  
African State ◽  
Organised Crime ◽  
The State ◽  
The South ◽  
The Public ◽  
Public Consciousness ◽  
State Responses ◽  
Insight Into

Following the end of apartheid, the South African state has faced a number of challenges. One of these has been the growing spectre of organised crime, which has weighed heavily on the public consciousness. The narrative has been one of organised crime, which is becoming increasingly sophisticated and dangerous, pitted against a weakening and ill-equipped state. This article seeks to give insight into the legal and institutional measures taken by the South African state over the last 20 years. It focuses on direct state responses to organised crime, primarily changes to legislation and enforcement structures. It finds that although the state has been active in changing legislation to combat organised crime, it has often been its own worst enemy where enforcement is concerned, and has consequently lost some important tools in the fight against organised crime.

World Wide Weber

2011 ◽  
pp. 267-281
Author(s):  
Nicolas Pejout
Keyword(s):  
South Africa ◽  
South African ◽  
World Wide ◽  
Public Services ◽  
African State ◽  
Political Regimes ◽  
The South ◽  
Historical Process ◽  
Shed Light

Many of African States are focusing on ICTs and developing e-government infrastructures in order to fasten and improve their “formalisation strategy”. This philosophy drives the South African State in its impressive efforts to deploy an efficient and pervasive e-government architecture for its citizens to enjoy accurate public services and for this young democracy to be “useful” to them. By focusing on the South African case, people will be able to understand the role of ICTs as tools to register, formalise and normalise, supporting the final objective of Weberian rationalisation. The author will consider the historical process of this strategy, across different political regimes (from Apartheid to democracy). He will see how it is deployed within a young democracy, aiming at producing a balance between two poles: a formal existence of citizens for them to enjoy a “delivery democracy” in which they are to be transparent; an informal existence of citizens for them to live freely in their private and intimate sphere. In this tension, South Africa, given its history, is paradigmatic and can shed light on many other countries, beyond Africa.

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