A New Beginning: Introducing the South African Constitution and Bill of Rights

2000 ◽  
Vol 18 (1) ◽  
pp. 45-65
Author(s):  
Rassie Malherbe
Keyword(s):  
South African ◽  
Bill Of Rights ◽  
The South ◽  
South African Society ◽  
The Road ◽  
Independent Judiciary ◽  
New Beginning ◽  
On The Road ◽  
South African Constitution

Few would argue that the democratisation of South Africa is one of the most fascinating examples of constitutional engineering during the latter half of the 20th century. This article recounts the negotiating process leading up to the adoption of the Constitution of 1996, and highlights the main features of the Constitution. The features discussed are majority government, the principle of constitutional supremacy, the content and application of the Bill of Rights – with some emphasis on its impact so far on social change –, the role of the independent judiciary, the principle of co-operative government which governs the relationship between the three spheres of government, and the ways in which the diversity prevalent in the South African society has been accommodated. Some comments are also made on the necessity for the creation of a human rights culture to support the new Constitution. The article concludes with the remark that, although serious obstacles remain, a solid start has been made on the road to a constitutional democracy with justice for all.

scholarly journals The role of worship and ethics on the road towards reconciliation

2006 ◽  
Vol 27 (2) ◽  
pp. 641-663
Author(s):  
BA M
Keyword(s):  
South African ◽  
Moral Discourse ◽  
The South ◽  
The Road ◽  
Divided Society ◽  
On The Road ◽  
The Relationship ◽  
The Church

Reconciliation in a divided society, like the South African one, is in dire need of a new moral discourse and praxis. This article argues that this moral discourse must also be conducted on an often forgotten level, namely in the worshipping praxis of the Church. The article describes the renewed interest of ethicists and liturgists in the relationship between liturgy and ethics and especially the role of rituals.  The article then focuses on the renewal of basic Cristian rituals like preaching and sacraments, prayer and praise to serve this much needed moral discourse.

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 ‘Transformation’ of the South African Military

1996 ◽  
Vol 34 (3) ◽  
pp. 441-457 ◽  
Author(s):  
Gary Kynoch
Keyword(s):  
South African ◽  
Regional Policy ◽  
African Society ◽  
The South ◽  
South African Society ◽  
State Security ◽  
Regional Conflict ◽  
The 1960S ◽  
The Military

SouthernAfrica has been at war since the 1960s. Following the capitulation of Ian Smith's Rhodesian Front and the acceptance of majority rule in Zimbabwe in 1980, the widely acknowledged root of most of the regional conflict has been South Africa. In defendingapartheid, the régime in Pretoria engaged in a systematic campaign of destabilisation designed to bring its neighbours to heel. Military invasions, raids, sabotage, support of dissident groups, and assassinations were all part of the National Party (NP) Government's ‘total strategy’ that employed violence as a key element in its regional policy to achieve economic, military, and political hegemony. P. W. Botha during his tenure as Prime Minister and President, 1978–89, ‘politically modified the role’ of the South African Defence Force (SADF), as explained by Herbert Howe, and ‘created the military-dominated State Security Council, which effectively replaced the Cabinet and became the centre of national decision-making and official power in the 1980s’.1The result was the militarisation of South African society and a swath of destruction across the southern part of the continent.

A Theological Theory of Communicative Actions

1998 ◽  
Vol 5 (2) ◽  
pp. 176-194 ◽  
Author(s):  
Hendrik J.C. Pieterse
Keyword(s):  
South African ◽  
Practical Theology ◽  
Transformation Process ◽  
Contextual Theology ◽  
The South ◽  
South African Society ◽  
Religious Praxis ◽  
Communicative Theory ◽  
Communicative Actions

AbstractSouth African society is engaged in an intensive process of transformation and change. This transformation is an extremely complex and difficult process in the light of the enormous social and economic problems of the South African population. In this unique context practical theology is practised as an academic theological discipline with a view on the role of religious praxis in the transformation process. The South African approach to practical theology has the following characteristics. It is a critical, contextual theology of a liberational, transformative nature that works with a communicative theory of action based in a critical hermeneutical framework. It takes the concrete practical situation seriously and is therefore empirically oriented.

scholarly journals Privilege, shame and new choices towards reconciliation. An autobiographical approach

2005 ◽  
Vol 26 (1) ◽  
pp. 174-185
Author(s):  
J C M
Keyword(s):  
South African ◽  
The South ◽  
The Road ◽  
On The Road

A narrative and autobiographical approach is taken in this article in order to explore and explain reconciliation. In the process the concepts of privilege, shame and new choices, within a specific story, are taken as the guiding beacons on the road to reconciliation in the South African situation. 

scholarly journals The leadership role of emeritus Archbishop Desmond Tutu in the social development of the South African society

2020 ◽  
Vol 5 (1) ◽  
pp. 263-297
Author(s):  
KJ Pali
Keyword(s):  
Social Development ◽  
South African ◽  
Social Issues ◽  
Leadership Role ◽  
African Society ◽  
The South ◽  
South African Society ◽  
The Social ◽  
Desmond Tutu

Leadership of the ministers of the Word is often restricted to within church boundaries, on the pretext that ministers should be religious and not too involved in the “world”. On the other hand, ministers are involved in social issues mostly to address immediate needs, often at the expense of  transforming the unjust system that perpetuates social injustices. Emeritus Archbishop Desmond Tutu practised his leadership ministry within and beyond the church boundaries. In the South African society, his leadership ministry contributed towards social development and transformation. This article aims to analyse the contribution of the leadership role of emeritus Archbishop Desmond Tutu in the social development of the South African society. The main research question is to what extent is or was the leadership of emeritus Archbishop Desmond Tutu involved in the social development of the South African society?

scholarly journals Die konsep van gelykheid in die lig van die Suid-Afrikaanse Grondwet (1996) en die Skrif

2003 ◽  
Vol 37 (2) ◽  
Author(s):  
N. Vorster
Keyword(s):  
South African ◽  
Gender Discrimination ◽  
Constitutional Court ◽  
Theoretical Argument ◽  
The South ◽  
Ethical Content ◽  
Role Of Women ◽  
South African Constitution ◽  
The Church

Equality in the light of the 1996 South African Constitution and Scripture In the debate on the role of women in the church the principle of equality (especially gender equality) is of particular importance. Churches and theologians are confronted by a twofold question, that is: • Does Scripture support gender inequality as a consequence of the patriarchal context in which it originated? • Are churches that prevent women from serving in the offices not guilty of gender discrimination? Before these questions can be answered theologians should clarify the concept of equality. The aim of this article is to compare the biblical concept of equality with the ethical content with which the Constitutional Court imbues the South African constitutional value of equality. The central theoretical argument of this article is that there is a fundamental difference in content between the biblical concept of equality and the South African constitutional value of equality. The main differences in content between the two concepts of equality will be highligted by way of comparison. After the comparison of these concepts, a few observations will be made which are relevant for the debate on the role of women in the church.

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