scholarly journals CORRUPTION IN LAND ADMINISTRATION AND GOVERNANCE: A HURDLE TO TRANSITIONAL JUSTICE IN POST-APARTHEID SOUTH AFRICA?

Obiter ◽  
2021 ◽  
Vol 42 (3) ◽  
Author(s):  
Gaopalelwe Mathiba
Keyword(s):  
South Africa ◽  
Human Rights ◽  
Transitional Justice ◽  
Land Ownership ◽  
Vulnerable Groups ◽  
Male Privilege ◽  
Land Administration ◽  
Emerging Trends ◽  
Apartheid Regime ◽  
Institutional Challenges

The persistence of corruption in post-apartheid South Africa and the failure to control it adequately pose a significant threat to the country’s transitional justice project and transformation imperatives. This article provides a detailed account of the depth and impact of corruption in land administration and governance in South Africa. It relies on the documented evidence of corruption scandals to establish the emerging trends, scope and impact of land-related corruption. The article is premised on the notion that corruption (which has become an intrinsic political norm in South Africa) not only impedes development and exacerbates rife inequalities in land ownership and access as a result of the apartheid regime, but also strangles the aims and objectives of transitional justice, which are to alleviate those inequalities. A further premise is that land-related corruption is a direct manifestation of untrammeled political power, patronage and impunity. The article problematises the latter premise and tackles the former by attempting to understand the complex interfaces between land, human rights, corruption and women in South Africa. Women are singled out from vulnerable groups because land ownership has traditionally been, and arguably still is, a male privilege. Of concern is the scale and pace of corruption, which boosts this anomaly, allowing it to thrive exponentially in post-apartheid South Africa. The article also presents a brief overview of operational and institutional challenges facing various initiatives aimed at combatting corruption generally. It concludes by proposing some realistic options to consider for the way forward.

DEMOCRACY AT THE SERVICE OF FOREIGN POLICY OF THE REPUBLIC OF SOUTH AFRICA

2019 ◽  
Author(s):  
A. FREDDIE
Keyword(s):  
South Africa ◽  
Human Rights ◽  
Foreign Policy ◽  
Transition To Democracy ◽  
The Political ◽  
Political Activities ◽  
Foreign Policy Change ◽  
The Republic ◽  
Apartheid Regime

The article examines the place and role of democracy and human rights in South Africas foreign policy. The author analyzes the process of South Africas foreign policy change after the fall of the apartheid regime and transition to democracy. He gives characteristics of the foreign policy under different presidents of South Africa from 1994 to 2018 and analyzes the political activities of South Africa in the area of peacekeeping and human rights on the African continent.

Overcoming Historical Injustices: Land Reconciliation in South Africa. By James L. Gibson

2012 ◽  
Vol 10 (2) ◽  
pp. 429-431
Author(s):  
Monika Nalepa
Keyword(s):  
South Africa ◽  
New York ◽  
Transitional Justice ◽  
Direct Function ◽  
Cambridge University ◽  
Self Interest ◽  
Apartheid Regime

Overcoming Historical Injustices: Land Reconciliation in South Africa. By James L. Gibson. New York: Cambridge University Press, 2009. 328p. $92.00.All three of James Gibson's books on transitional justice in South Africa focus on showing that the politics of reconciliation with the Apartheid regime are less related to economic “self-interest” than to “sociotropic fairness.” On close examination, Gibson concludes that an individual's preferences about land reconciliation are not a direct function of egocentric instrumentalism. Rather, in his view, they are shaped by conceptions of whether one's group has been fairly treated.

The South African Experience: Litigating Remedies

2021 ◽  
pp. 1-9
Author(s):  
Charles ABRAHAMS
Keyword(s):  
South Africa ◽  
Human Rights ◽  
South African ◽  
Black Population ◽  
Class Action ◽  
Occupational Lung Disease ◽  
Legal Remedies ◽  
African Experience ◽  
The Common ◽  
Apartheid Regime

Abstract Many transnational corporations (TNCs) that conducted business in South Africa during apartheid had deemed it profitable and desirable, despite the country’s systemic human rights violations against its majority black population. In the aftermath of the 1960 Sharpeville Massacre and 1976 student uprising, various United Nations and other international resolutions condemned TNCs for their incestuous relationship with apartheid South Africa and called for international sanctions against the regime. The demise of apartheid in 1994 brought about a new democratic, constitutional dispensation based on respect for human rights. However, attempts at holding TNCs liable for aiding and abetting the apartheid regime were fraught with obstacles and proved unsuccessful. Yet, the pursuit of strategic, class action litigation in areas as diverse as collusive conduct in bread manufacturing to occupational lung disease in South Africa’s goldmining industry have proven to be more successful in developing legal remedies against corporate harm. Areas impacted are extended legal standing under the common law, development of new causes of action and generous application of contingence fees arrangement.

scholarly journals Legal empowerment as a tool for engendering access to justice in South Africa

2020 ◽  
Vol 20 (4) ◽  
pp. 224-244
Author(s):  
Ebenezer Durojaye ◽  
Gladys Mirugi-Mukundi ◽  
Oluwafunmilola Adeniyi
Keyword(s):  
South Africa ◽  
Human Rights ◽  
Cape Town ◽  
Informal Settlements ◽  
Vulnerable Groups ◽  
Access To Justice ◽  
Legal Empowerment ◽  
Disadvantaged Communities ◽  
Barriers To Access ◽  
Marginalised Groups

This article examines the concept of access to justice and the challenges vulnerable and marginalised groups encounter in accessing justice. The article further discusses the recognition of access to justice as human rights imperative under international and regional human rights instrument. It then discusses barriers to access to justice for women. It argues that while access to justice remains a challenge for many vulnerable and marginalised groups, women particularly encounter serious barriers to access to justice in society. Furthermore, it discusses the notion of legal empowerment and the significance of this for the realisation of access to justice for vulnerable groups, especially women in disadvantaged communities. This is followed by the discussion on the experience of the Dullah Omar Institute in providing legal empowerment training for women in informal settlements in Cape Town and some of the, important lessons from this process. It concludes by making useful recommendations in ensuring access to justice for vulnerable women in informal settlements.

scholarly journals Poor Lives Matter: COVID-19 and the Plight of Vulnerable Groups with Specific Reference to Poverty and Inequality in South Africa

2021 ◽  
pp. 1-22
Author(s):  
John C Mubangizi
Keyword(s):  
South Africa ◽  
Human Rights ◽  
South African ◽  
Vulnerable Groups ◽  
Specific Reference ◽  
Constitutional Rights ◽  
Poverty And Inequality ◽  
Vulnerable People ◽  
Human Rights Based Approach ◽  
The Impact

Abstract This article explores the impact of the COVID-19 pandemic on vulnerable people in South Africa in the specific context of poverty and inequality. It does so by first looking at the conceptual context and then highlighting the extent of the impact both from a constitutional and human rights context and from a legislative context. It uses the poor and vulnerable as a proxy to explore the impact of the pandemic (and the measures put in place to contain it) on the specific constitutional rights of vulnerable people, before suggesting a human rights-based approach to managing the pandemic. It concludes that, despite the South African government having undertaken some of the actions recommended, there remains room for improvement and scope for further research, as the pandemic is expected to continue for some time.

scholarly journals DEMOCRACY AND POLITICAL GOVERNANCE IN SOUTH AFRICA: TWO DECADES AFTER APARTHEID

2013 ◽  
Author(s):  
Mpfariseni Budeli
Keyword(s):  
South Africa ◽  
Human Rights ◽  
Black People ◽  
South Africans ◽  
The Road ◽  
The Government ◽  
On The Road ◽  
Apartheid Regime ◽  
Democratic Elections ◽  
Political Governance

South Africa was under the apartheid rule for around fifty years. Apartheid was formally established by the National Party when it came to power in 1948. In terms of the apartheid policy, the government belonged to the White people who enjoyed all human rights and were entitled to rule the country to the detriment of the Black people despite the latter constituting the overwhelming majority of the population. The apartheid regime eventually came to an end in the early 1990s. Following the ending of the dictatorial regime, a new Constitution was adopted and the first democratic elections were held in South Africa. [T]his paper reflects on the road that South Africans have gone from Apartheid to democracy and good political governance, on what they have achieved as well as the challenges and prospects for democratic governance in the country. Keywords: South Africa; apartheid; Constitution; governance; democracy and human rights.

scholarly journals The Human Rights Movement Against Apartheid South Africa: The Impact of Boycotts, Divestment, and Sanctions

2016 ◽  
Vol 8 ◽  
Author(s):  
Colin Wintle
Keyword(s):  
South Africa ◽  
Human Rights ◽  
The United States ◽  
Grassroots Organizations ◽  
Institutionalized Racism ◽  
The United Kingdom ◽  
Human Rights Movement ◽  
Apartheid Regime ◽  
The Impact

This paper focuses on the development of the anti-apartheid movement and the role of boycotts, divestment, and sanctions in bringing down the apartheid regime of South Africa. It first establishes the anti-apartheid movement as a human rights movement, fighting against institutionalized racism as a human rights violation. It then analyzes the movement’s development from disorganized and disconnected, to professional and universal. Focusing mainly on the developments within the United States and the United Kingdom, the movement can be seen as developing within government institutions as well as grassroots organizations. The implementation of boycotts, divestment, and sanctions by the movement are analyzed individually through specific examples. The impact of these campaigns collectively was very substantial in causing discontent within South Africa, leading to a fall in support for apartheid from within the state. The paper concludes that it was the combined efforts of boycotts, divestment, and sanctions to infiltrate South Africa socially, economically, and politically that truly brought an end to apartheid.

scholarly journals Human rights and the policing of disorder in South Africa: challenges and future directions

2021 ◽  
pp. 72-84
Author(s):  
Shaka Yesufu
Keyword(s):  
South Africa ◽  
Human Rights ◽  
South African ◽  
National Development ◽  
Extensive Literature ◽  
The South ◽  
State Repression ◽  
The Republic ◽  
Apartheid Regime ◽  
South African Police

Unarguably, the South African Police during the apartheid era was characterised by brutality and state repression, including the political executions of several South African citizens who dared oppose the apartheid regime. The post-apartheid era has also witnessed deaths of citizens at the hands of the police during demonstrations, demanding better service delivery, higher wages, improved working conditions, and an end to marginalisation and poverty. The author presents some cases of police human rights violations concerning policing citizen’s protests. This is a qualitative study, relying on extensive literature review by previous researchers. The findings of this study are: The South Africa Police Service continues to violate citizen's right to protest, which is enshrined in the Republic of South Africa’s constitution under chapter 2 “Bill of Rights” and other international legal jurisprudence. The South African police have failed to perform their duties professionally and effectively when it comes to policing protests. Crown management remains an elusive issue both during the apartheid and post-apartheid eras. The author recommends a demilitarization of the police consistent with the South African government policy recommendation, found in the National Development Plan 2030.

Core Concepts of Human Rights and Inclusion of Vulnerable Groups in the Disability and Rehabilitation Policies of Malawi, Namibia, Sudan, and South Africa

2012 ◽  
Vol 23 (2) ◽  
pp. 67-81 ◽  
Author(s):  
Hasheem Mannan ◽  
Joanne McVeigh ◽  
Mutamad Amin ◽  
Malcolm MacLachlan ◽  
Leslie Swartz ◽  
...  
Keyword(s):  
South Africa ◽  
Human Rights ◽  
Vulnerable Groups ◽  
Core Concepts
Sign in / Sign up

Export Citation Format

Share Document