scholarly journals Land Reform in the Republic of South Africa: Social Justice or Populism?

Werkwinkel ◽  
2017 ◽  
Vol 12 (1) ◽  
pp. 71-84 ◽  
Author(s):  
Arkadiusz Żukowski
Keyword(s):  
South Africa ◽  
Social Justice ◽  
South African ◽  
Land Reform ◽  
Political Discourse ◽  
Free Market ◽  
African National Congress ◽  
Historical Background ◽  
Democratic State ◽  
The Republic

Abstract In the paper land reform in South African political discourse will be investigated, especially the process of its politicization. How the topic of land reform is used by political forces, especially the ruling party; the African National Congress and current President Jacob Zuma. Does the Republic of South Africa take a populist turn on land reform or is it some kind of social justice after the suppression of the apartheid era and decades before? The political disputes and decisions will be analysed in confrontations with the fundamentals and values of a democratic state as a guarantee of property rights, private ownership and free market principles (dilemma of the problem of willing buyer - willing seller). It will be necessary to present the historical background of land problem in the RSA. The problem will be investigated in connection with the socio-economic situation of the RSA. The study will also tackle the problem of social and economic inequality from the perspective of politics. In the paper, a mix of primary and secondary research methods of data collection and analysing will be used. Theoretical framework will be based on assumptions of political discourse and the paradigm of “classic” land reform.

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 African State Capture: A Symbiotic Affair between Business and State Going Bad(?)

2017 ◽  
Vol 9 (1) ◽  
pp. 62-75 ◽  
Author(s):  
Kgothatso B. Shai
Keyword(s):  
South Africa ◽  
South African ◽  
African State ◽  
African National Congress ◽  
Undue Influence ◽  
Corporate Influence ◽  
State Capture ◽  
The Republic ◽  
State Relations ◽  
Scholarly Discourse

Since March 2016, the subject of South African state capture has received much attention from the political, business and scholarly community in the country and beyond. The vibrancy of this public and scholarly discourse was reignited by the claims by some politicians from the ruling party, the African National Congress (ANC), that in the recent past, they were approached by the Gupta family (business moguls) for consideration in ministerial appointments. These revelations have since produced a dominant perception that the Gupta family wields an undue influence over the President of the Republic and by extension, the entire state machinery. This extends to the family and friends as well. While the Guptas ‘capture’ the state, ministers and premiers are not directly accountable to them by protocol, but only to the President as a constitutional prerogative to do so. The view on state capture is not uniformly accepted. One notes the discourse is dominated by Euro-American perspectives, purporting to create a misunderstanding of the current trajectory of business–state relations in South Africa. As a theoretical framework, Afrocentricity is adopted and used in this article to answer the following two central questions: (i) Is it a myth or reality that the Gupta family has captured the South African state? (ii) At which point should corporate influence in state affairs be considered as illegal? Methodologically, this is achieved through thematic content analysis on conversations and the prevailing discourses circulating within South Africa.

The Republic of South Africa

2021 ◽  
pp. 337-362
Author(s):  
Steven Gow Calabresi
Keyword(s):  
South Africa ◽  
South African ◽  
Judicial Review ◽  
African National Congress ◽  
Constitutional Court ◽  
Bill Of Rights ◽  
South Africans ◽  
Nelson Mandela ◽  
Basic Law ◽  
The Republic

This chapter explores the origins and growth of judicial review in South Africa. Judicial review originated in South Africa in 1994 for rights from wrongs reasons. The great moral wrongs of racist Afrikaner and British imperial rule could only be overcome with a new Democratic Constitution, accepted by blacks and whites, with a very generous Bill of Rights that is enforced by a very powerful Constitutional Court. The African National Congress (ANC) party, led by Nelson Mandela, had called for a Bill of Rights and judicial review ever since the 1950s. In the 1990’s, the ANC got its wish. South African judicial review also result, in part, from borrowing. South Africans borrowed heavily from the Canadian Charter of Rights and Freedoms of 1982 and from the German Basic Law of 1949. South Africa particularly borrowed from Germany the idea of creating one very powerful Constitutional Court, which alone has the power of judicial review in South Africa.

scholarly journals THE ANC’S LAND REFORM POLICY: AN UNSUSTAINABLE & UNSATISFACTORY COMPROMISE

2011 ◽  
Author(s):  
Thorne A Godinho
Keyword(s):  
South Africa ◽  
South African ◽  
Land Reform ◽  
Public Discourse ◽  
African National Congress ◽  
Reform Policy ◽  
Policy Document ◽  
Discussion Document ◽  
History Of ◽  
Policy Proposals

‘Tensions [in South Africa] continue, and conflicting interests and ideologies lead to more or less unsatisfactory compromises.’ Against the backdrop of these words by Frank Welsh in his seminal work on the history of South Africa, the debate surrounding land reform will be critically examined. The African National Congress (ANC) released its ‘Land Reform Policy Discussion Document’ (hereinafter referred to as the Policy Document) in June 2012. The Policy Document outlines the ruling party’s policy on the transformation of South Africa’s land ownership, stating that: ‘[l]and reform must represent a radical and rapid break from the past without significantly disrupting agricultural production and food security.’ This article aims to take a critical look at the rhetoric and policy proposals which surround the debate on land. Furthermore, the nature and effect of the proposed redress will be examined. Through an understanding of green economics and environmentalism, the effect of economic opportunity, and a critique of the ideological defects of the proposals, this article will seek to provide a sustainable solution in contrast to the constantly unsatisfactory compromises that saturate South African public discourse around these issues.

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.

Drawing the Line between Dismissal for Alcoholism (Incapacity) and Dismissal for Drunkenness (Misconduct). Are the Boni Mores Compromised?

2018 ◽  
Vol 41 ◽  
pp. 57-63
Author(s):  
Thandekile Phulu
Keyword(s):  
South Africa ◽  
Economic Development ◽  
Social Justice ◽  
Occupational Health ◽  
Health And Safety ◽  
Occupational Health And Safety ◽  
Fundamental Rights ◽  
Labour Relations ◽  
Labour Practice ◽  
The Republic

In South Africa employees are protected by various pieces of legislation. Section 23 of the Constitution of the Republic of South Africa 1996 provides for a right to fair labour practice. In its preamble the Labour Relations Act 66 of 1995 (hereafter referred to as the LRA) states that the purpose of the Act is to advance economic development, social justice, labour peace and democratisation of the workplace. The LRA also states that one of its objectives is to give effect to and regulate the fundamental rights conferred by section 27 of the Constitution. The Occupational Health and Safety Act as amended by the Occupational Health and Safety Amendment Act 181 of 1993 provides for the health and safety of persons at work and for the health and safety of persons in connection with the use of plant and machinery. The LRA provides for dismissal for incapacity and dismissals for misconduct. It also differentiates between the two. The LRA provides for both substantive and procedural fairness when dismissing an employee for incapacity and misconduct. This paper will examine the rationale behind differentiating between dismissal for drunkenness and dismissal for alcoholism.

The Engagement of Beneficiaries in Farm Governance of Restituted Land through the Communal Property Association Model: The Ideal Versus the Reality of Beneficiary Farms in South Africa

2019 ◽  
Vol 16 (2) ◽  
Author(s):  
Mokoko Piet Sebola ◽  
Malemela Angelinah Mamabolo
Keyword(s):  
South Africa ◽  
South African ◽  
Land Reform ◽  
Farm Management ◽  
The South ◽  
African Government ◽  
Communal Property ◽  
Farm Ownership ◽  
Land Restitution ◽  
Communal Property Associations

The purpose of this article is to evaluate the engagement of farm beneficiaries in South Africa in the governance of restituted farms through communal property associations. The South African government has already spent millions of rands on land restitution to correct the imbalance of the past with regard to farm ownership by the African communities. Various methods of farm management to benefit the African society have been proposed, however, with little recorded success. This article argues that the South African post-apartheid government was so overwhelmed by political victory in 1994 that they introduced ambitious land reform policies that were based on ideal thinking rather than on a pragmatic approach to the South African situation. We used qualitative research methods to argue that the engagement of farm beneficiaries in farm management and governance through communal property associations is failing dismally. We conclude that a revisit of the communal property associations model is required in order to strengthen the position of beneficiaries and promote access to land by African communities for future benefit.

scholarly journals The South African Redistribution Imperative: Incongruities in Theory and Practice

2021 ◽  
pp. 1-27
Author(s):  
Sue-Mari Viljoen
Keyword(s):  
South Africa ◽  
South African ◽  
Theoretical Approach ◽  
Land Reform ◽  
Careful Analysis ◽  
Economic Justice ◽  
Theory And Practice ◽  
The South ◽  
Slow Pace

Abstract It has partly been assumed that the constitutional obligation to pay compensation for expropriations is to blame for the slow pace at which land has been redistributed in South Africa. However, this assumption requires careful analysis and reflection, with reference to the imperfections of the policies and laws that set out to address landlessness, as well as the underlying theoretical approach to economic justice. This article questions the purpose for which land reform beneficiaries acquire land, with reference to the role that property should ideally fulfil for the landless. The article makes a number of observations to cast light on why the redistribution of land has been alarmingly slow, where inconsistencies and loopholes exist in the programme, and whether expropriations for nil compensation will make any difference in remedying existing failures in the redistribution programme.

Safeguarding the Republic? The South African Police Service, Legitimacy and the Tribulations of Policing a Violent Democracy

2021 ◽  
Vol 56 (1) ◽  
pp. 92-108
Author(s):  
Guy Lamb
Keyword(s):  
South Africa ◽  
South African ◽  
Public Trust ◽  
The South ◽  
Police Service ◽  
South African Police Service ◽  
The Republic ◽  
South African Police ◽  
High Crime ◽  
Excessive Use Of Force

Since 1994 the South African Police Service (SAPS) has undertaken various efforts to build legitimacy in South Africa. Extensive community policing resources have been made available, and a hybrid community-oriented programme (sector policing) has been pursued. Nevertheless, public opinion data has shown that there are low levels of public trust in the police. Using Goldsmith’s framework of trust-diminishing police behaviours, this article suggests that indifference, a lack of professionalism, incompetence and corruption on the part of the police, particularly in high-crime areas, have eroded public trust in the SAPS. Furthermore, in an effort to maintain order, reduce crime and assert the authority of the state, the police have adopted militaristic strategies and practices, which have contributed to numerous cases of excessive use of force, which has consequently weakened police legitimacy in South Africa

Stability and Governability the Benign Effects of Party Dominance in South Africa

2020 ◽  
Vol 13 (1) ◽  
pp. 56-75
Author(s):  
Ainara Mancebo
Keyword(s):  
South Africa ◽  
South African ◽  
Trade Unions ◽  
African National Congress ◽  
The Other ◽  
Democratic Transitions ◽  
African Countries ◽  
National Congress ◽  
Independence Era ◽  
Party Dominance

A tripartite alliance formed by the African National Congress, the South African Communist Party and the Congress of South African Trade Unions has been ruling the country with wide parliamentarian majorities. The country remains more consensual and politically inclusive than any of the other African countries in the post-independence era. This article examines three performance’s aspects of the party dominance systems: legitimacy, stability and violence. As we are living in a period in which an unprecedented number of countries have completed democratic transitions, it is politically and conceptually important that we understand the specific tasks of crafting democratic consolidation.

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