scholarly journals THE COGITATION OF THE VALUE OF EPISTEMIC DIVERSITY IN SOUTH AFRICAN JURISPRUDENCE, AS INFLUENCED BY THE PROJECT OF INTELLECTUAL HISTORY: LESSONS FROM RHODES MUST FALL — ‘ALL “RHODES” LEAD TO THE COLONISATION OF THE MIND’

2018 ◽  
Author(s):  
Tshepo K. Twala
Keyword(s):  
South Africa ◽  
Critical Race Theory ◽  
Intellectual History ◽  
South African ◽  
Wide Sense ◽  
Legal Scholar ◽  
Political Traditions ◽  
The Mind ◽  
Epistemic Diversity ◽  
The Ideal

This article examines the ideal epistemic aims of a critical jurisprudence in South Africa. It explains that epistemology is concerned with giving an account of knowledge and suggests that if legal scholars ought to aim at having their students acquire knowledge then their epistemic aims should be related to this goal. I contend that the epistemic aims of the law do not necessarily concern curricular subjects but with the way the work of a legal scholar should be guided by an understanding of the nature of knowledge itself. This paper not only deals with the historical development of political traditions but also gives attention to religious and communal intellectual practices. This paper also mulls the development of a South African critical race theory with reference to the thought of Steve Biko. In a wide sense, the purpose of this paper is also to bring the insights of the Black Radical Tradition to bear on the study of law and jurisprudence, with attention placed on the predicament of ‘post’-apartheid South Africa. In essence, this paper demonstrates that: ‘Only by rethinking the ideas that made us can we re-imagine the world’.

scholarly journals Colour-blind educational leadership policy: A critical race theory analysis of school principalship standards in South Africa

2020 ◽  
pp. 174114322097367
Author(s):  
Pontso Moorosi
Keyword(s):  
South Africa ◽  
Educational Leadership ◽  
Critical Race Theory ◽  
South African ◽  
Race And Ethnicity ◽  
Critical Race ◽  
Race Theory ◽  
Policy And Practice ◽  
Leadership Policy ◽  
School Principalship

In the light of recent media reports of racism in South African schools, this paper examines the role of school principalship standards in addressing race in South African educational leadership. The paper draws on tenets of critical race theory to examine how issues of race are addressed in the Policy for School Principalship Standard in South Africa and the implications thereof for leadership preparation and leadership practice. The methodology involves the employment of content analysis underpinned by key tenets of critical race theory that challenge notions of colour-blindness, meritocracy and neutrality. The analysis reveals that there is no explicit mention or treatment of race and ethnicity as social constructs in the principalship standards. It also reveals that diversity and culture are used more, suggesting the emphasis on difference rather than inequality. The paper argues that, although driven by principles of social justice, the Policy for School Principalship Standard is colour-blind. Through this omission, the policy denies the existence of racism and fails to recognise the power and influence of school leaders (and principals, in particular) in shaping the race dynamic in schools. The paper ends with implications for the improvement of leadership policy and practice.

THE INCLUSION OF UBUNTU IN POST-APARTHEID SCHOOLING – MANDELA’S TAKE

2017 ◽  
Vol 14 (2) ◽  
pp. 121-134 ◽  
Author(s):  
Nomalanga P Grootboom
Keyword(s):  
South Africa ◽  
Critical Race Theory ◽  
South African ◽  
Qualitative Approach ◽  
Race Theory ◽  
Black And White ◽  
Narrative Design ◽  
White Schools ◽  
Desegregated Schools ◽  
Purposive Sample

This study explored the inclusion of Ubuntu in post-apartheid South African schooling – with a specific focus on Mandela’s take. The objective was to study possible benefits for the learners and the extent to which Ubuntu could affect desegregated schools in South Africa. The current discourse is born out of the findings of a major study on cross-racial interactions in desegregated schools, as found at one school in Gauteng, a province of South Africa. A qualitative approach study was conducted to obtain a purposive sample where learners were conveniently selected from grade 11 (both black and white learners). The Critical Race Theory (CRT) that was framed within the narrative design was undertaken to ascertain the extent to which integration processes have been implemented in former white schools in South Africa. The nature of this study fits well with CRT, as it helps to interrogate how marginalised black learners are now trying to co-exist in an environment that government purports to be integrated. Results show that although the country purports that schools are integrated, in essence the contrary is found in the schools. There is, in reality, continued polarisation and sheer segregation in the schools. Plans to revisit more than six sampled schools are afoot.

scholarly journals Afrikanerliberalisme in die tydperk 1775 - 1975 – die interpretasies van GD Scholtz en H Giliomee

2011 ◽  
Vol 7 (2) ◽  
Author(s):  
P De Klerk
Keyword(s):  
South Africa ◽  
Nineteenth Century ◽  
Eighteenth Century ◽  
Intellectual History ◽  
South African ◽  
Political Thought ◽  
Political Ideology ◽  
South Africans ◽  
Political Ideas ◽  
English Speaking

Two historians, GD Scholtz and H Giliomee, have written extensively about liberal political thought among Afrikaners during the period 1775-1975. Their interpretations of the influence of liberalism on Afrikaner political thought differ from one another in some respects. Scholtz acknowledges the influence of the political ideas of the Enlightenment on the Cape Patriot movement of the late eighteenth century, but does not regard these ideas as a form of liberalism. He views liberalism as a political ideology alien to the Afrikaners, that was introduced to South Africa in the early 1800s by British officials and missionaries. Since the middle of the nineteenth century the main exponents of liberal political thought in South Africa were British colonists and their descendants. There were always a few Afrikaners with liberal political ideas, but they were strongly influenced by British culture or by English-speaking South Africans. Giliomee, however, is of the opinion that there were already Afrikaners with liberal ideas at the beginning of the nineteenth century. It appears from his study that, although none of the major Afrikaner political leaders from the eighteenth century until the present can be described as a liberal, in the course of two centuries a number of politicians and intellectuals with an Afrikaans background played an important role in various liberal political movements and had a significant influence on the development of Afrikaner political thought. Although Scholtz and Giliomee have both made an important contribution to research on Afrikaner liberal political thought, it is clear that more research should lead to a better understanding of this phenomenon.Keywords: South African Historiography; Afrikaner Political Thought; GD Scholtz; H Giliomee; Liberalism; Democracy; Cape Patriot Movement; Cape Franchise; Segregation; Apartheid Disciplines: Political History; Intellectual History; Political Philosophy

scholarly journals The role and influence of wine awards as perceived by the South African wine consumers

2009 ◽  
Vol 9 (1) ◽  
Author(s):  
F. J. Herbst ◽  
Christiane Von Arnim
Keyword(s):  
South Africa ◽  
South African ◽  
Online Survey ◽  
Production Method ◽  
Local Market ◽  
Convenience Sample ◽  
Place Of Origin ◽  
Marketing Tool ◽  
The Mind

Purpose: The purpose of this study was to examine whether, in the mind of the consumer, wine awards do indeed play a significant role in influencing consumer choices. Initially, a literature review was conducted to establish the role of wine awards in wine marketing. Problem investigated: The increasing number of wine competitions appears to dilute the value of wine awards as a marketing tool. The local wine consumers are currently bombarded by a variety of wine choices and need to use cues to assist them in making buying decisions. Consumers are also sceptical about the honesty of producers in marketing their awards. The question arises, whether, in the minds of South Africa's wine consumers, awards play a strong enough role in influencing their choice when buying wine. Research design: A convenience sample was drawn among South African wine consumers by using an online survey questionnaire. A sample of 285 was realised and the data analysed by using descriptive and inferential statistical methods. Findings and implications: Wine awards are indeed recognised by the consumer as a cue that shapes their choices / selection criteria, but their importance is relatively low compared to other cues such as variety, vintage, producer, production method, packaging, place of origin and price. Yet, having established that decision-making is a complex set of interactions, wine awards do nevertheless play a role in supporting a decision in certain circumstances and for certain customer segments. Generally speaking, it was found that the more sophisticated a consumer (connoisseur) is the less regard exists for wine awards. Not only do wine awards have lesser power in shaping decisions, but also attitudes towards the concept of wine awards are more negative. Lesser informed consumers tend to take more guidance from, and are less opinionated about the concept of wine awards. An independent monitoring authority is seen as a solution to raise the profile of wine awards in South Africa, thus creating more credibility and power for this tool. Value of the research: Although a representative sample was not drawn, the wine consumers included in this study strongly suggested that an independent authority is needed to monitor wine awards in South Africa. This could enhance the value of wine awards as a marketing tool, whilst wine awards and medals should be aimed at the less informed segments of the local market. Conclusion: The study revealed that while wine awards are indeed recognised by the majority of consumers as a cue that shapes their choices, the importance thereof is relatively low compared to other elements of the marketing mix. Wine producers and marketers should use wine awards only to support other quality claims.

scholarly journals THE IMPOSSIBILITY TO BE ‘LOST IN TRANSFORMATION’

2015 ◽  
Author(s):  
JJ Van der Walt
Keyword(s):  
South Africa ◽  
Critical Race Theory ◽  
Queer Theory ◽  
South African ◽  
Subject Matter ◽  
Power Relations ◽  
White Supremacy ◽  
Race Theory ◽  
The Third ◽  
The Subject

The purpose of this work is an attempt to argue that South Africa as a society cannot be lost in transformation, but that the process of transformation can be misguided or ineffective is, in my opinion, irrefutable. Because of our particular history, equality jurisprudence will be used as the subject matter to indicate whether our society can be lost in transformation. In the first instance, I discuss the condictiones sine quo non of post-apartheid South African equality jurisprudence in the second part. Thereafter, in the third part, the aspirational end — the achievement of equality — serves to identify, through our constitutional values and section 9 of the Constitution, three power relations which require addressing for our society to transform. With reference to Legal feminism, Critical Race Theory and Queer Theory, patriarchy, white supremacy and heteronormativity are identified as power relations that are the, current, object of transformation in our society.

scholarly journals Classroom acoustics as a consideration for inclusive education in South Africa

2017 ◽  
Vol 64 (1) ◽  
Author(s):  
Coralie Van Reenen ◽  
Catherine Karusseit
Keyword(s):  
South Africa ◽  
South African ◽  
Inclusive Education ◽  
Current Status ◽  
Reverberation Time ◽  
Classroom Acoustics ◽  
Learning Impairments ◽  
The Impact ◽  
The Ideal ◽  
Barrier Free

Background: It can hardly be disputed that a school environment should be conducive or, at the very least, not prohibitive to effective learning. The provision of fair, equal and barrier-free access to education is referred to as inclusive education. South Africa supports a policy of inclusive schooling, striving to accommodate all children, including those with disabilities, in mainstream schools. This article sets out to prove that noise control in classrooms is a relevant, yet neglected, aspect of inclusive classroom design in South Africa and requires specific attention.Objectives: The objectives of this study are to: (1) establish the impact that noise has on learners with sensory, language or learning impairments; (2) establish the preferred listening conditions for these learners by examining prior research and guidelines available in other countries; and (3) outline the current South African regulations pertaining to classroom acoustics and assess them against the preferred listening environment.Method: This research was conducted as a systematic review with reference to the South African context. Local and international research and guidelines were used as references, providing an overview and evaluation of data concerning noise and learning.Results: Noise is disadvantageous for learners, particularly those with sensory, language or learning impairments. Research and international guidelines show that the ideal ambient level is 30 dBA – 35 dBA, allowing the achievement of an ideal signal-to-noise ratio (SNR) of +15 dB, and the ideal reverberation time is 0.4 s – 0.6 s. Various South African regulations discussed are inconsistent regarding ambient noise level (ranging from 35 dBA – 50 dBA) and say little about reverberation time for classrooms.Conclusion: South African regulations regarding classroom acoustics require revision to ensure inclusion of all learners with disabilities. The current status does not enforce barrier-free environments in mainstream schools for children with sensory, language or learning impairments.

scholarly journals POSITIONING RACE AT THE CENTRE OF LEGAL DISCOURSE IN POST-APARTHEID SOUTH AFRICA: DISSECTING CLIFF V ELECTRONIC MEDIA (PTY) LTD AND THE LAND REFORM CRISIS

2016 ◽  
Author(s):  
Nonhlelo Nhleko
Keyword(s):  
South Africa ◽  
Critical Race Theory ◽  
South African ◽  
Land Reform ◽  
White Supremacy ◽  
Legal Discourse ◽  
Electronic Media ◽  
Critical Race ◽  
Race Theory ◽  
The Law

In this paper, I critique the manner in which law rationalises Black subordination and white supremacy through its assumption of racial neutrality and ontological equality.4 I seek to postulate the need for a culture of critique within South African jurisprudence and further challenge hegemonic liberal notions of ‘justice’ and the existing ‘reconciliation’ discourse. The calls for a ‘race conscious’ and general jurisprudence shall be advanced through the epistemological paradigm of Critical Race Theory which offers a politicised account of the law through the acknowledgment of the centrality of race in law and through debunking claims of law’s neutrality and objectivity.5

scholarly journals Editorial

2017 ◽  
Vol 17 (1) ◽  
pp. 1
Author(s):  
Christa Rautenbach
Keyword(s):  
South Africa ◽  
South African ◽  
Outer Space ◽  
State Intervention ◽  
Legal Framework ◽  
The South ◽  
African Countries ◽  
Space Tourism ◽  
Legal Challenges ◽  
The Mind

EditorialThe first 11 articles in the first issue of 2014 deal with global legal topics ranging from outer space to domestic South African matters and legal challenges in other African countries, such as Uganda, Nigeria and Zimbabwe. Anél Ferreira-Snyman discusses legal challenges relating to the commercial use of outer space, with specific reference to space tourism. She points out that the current legal framework is outdated and no longer deals adequately with the rapidly developing space tourism industry. Further away from the moon, although it deals with creations of the mind and is just as mysterious for the average person, is the contribution of André van der Walt and Richard Shay, which analyses the South African Constitutional Court's treatment of intellectual property. They focus on the methodology that the Court has formulated to assess if state interference complies with constitutional provisions to determine if state intervention into property interests has been legitimate. The third contribution, by Joel Baloyi, also deals with a creation of the mind, namely copyright. He attempts through a comparative analysis to demystify the role of copyright as a tool for economic development in Africa and criticises the stifling effect the transferability principle has on the effectiveness of copyright in certain African countries. Bradley Slade discusses the differences between the concepts "public purpose" and "public interest" in the context of third party transfers as a result of property being expropriated for the realisation of public purposes in the fourth contribution. The influence of the Constitution of South Africa, 1996 on organ transplants is the topic of the fifth contribution, by Debbie Labuschagne and Pieter Carstens. They come to the conclusion that the South African government has failed to provide an effective legal framework to relieve the shortage of human organs available for transplantation. Sixthly, Lize Mills discusses recently proposed regulations prohibiting the advertising and promotion of infant formulae and other products marketed as being suitable for infants or young children with the purpose of promoting breast-feeding. The last five articles move further afield and deal with legal issues elsewhere in Africa. Dana van der Merwe gives a comparative overview of the relationship between digital information in certain legal fields in South Africa and Uganda. Nazreen Shaik-Premanov examines Zimbabwe's Marange conflict diamond situation and Lovemore Chiduza analyses the Zimbabwean constitutional provisions on judicial independence. Peter Obutte scrutinises ICT laws in Nigeria and the last two authors, Serges Kamga and Ogechukwu Ajoku, reflect on addressing human rights violations by extractive industries in both South Africa and Nigeria.Four notes are also published in this issue. The first one is an overview article by Christa Rautenbach dealing with the modern-day impact of cultural and religious diversity as reflected in the book on "Managing Family Justice in Diverse Societies". The other four notes are case discussions. The first one is a discussion of the case of Government of the Republic of Zimbabwe v Louis Karel Fick by Erika de Wet. The second one is a discussion of the case of Le Sueur v eThekwini Municipality by Warren Freedman, and the last one is a discussion of the case of Apollo Tyres v South Africa (Pty) Ltd v CCMA by Shamier Ebrahim.Editor: Prof C Rautenbach 

scholarly journals Decolonising Affirmative Action in 21st Century Africa: Reparatory alternatives for affirming South Africa

2021 ◽  
Vol 2 (2) ◽  
Author(s):  
Khanya B. Motshabi
Keyword(s):  
South Africa ◽  
Affirmative Action ◽  
South African ◽  
21St Century ◽  
Economic Mobility ◽  
Original Condition ◽  
Global Knowledge ◽  
Knowledge Commons ◽  
Inside Out ◽  
The Ideal

Decolonisation of knowledge enhances Africa’s contribution to the global knowledge commons, augmenting both theory from the global South and its universal value. In this paper, I apply this insight to affirmative action policies. Affirmative action claims to facilitate socio-economic mobility and that this avoids the most extremely perverse inequalities. owever, the gross brutalities of conquest, dispossession, racial genocide, slavery, slave trading, colonialism and apartheid demand a decolonial critique of affirmative action. This applies not merely to affirmative action as policy, but perhaps much more significantly, as practice. Indeed, I reject affirmative action for South Africa, if not for the entire globe (the latter position would raise an argument that is beyond immediate focus). This personal ‘decolonial turn’ from affirmative action foreshadows my advocacy of such concepts as ‘wholeness’ and ‘reparation’, which I conceptualise as a return of something to its original condition plus satisfaction for the interim rupture. Wholeness and reparation in this particular setting require replacement, atonement, restoration and restitution to remedy the sense and reality of injury flowing from the gross brutalities listed earlier. I argue that such concepts are the ideal remedy for the South African condition and need that my analysis details. This move from affirmative action to reparation affirms the inside-out posture of decoloniality, insistent as it is on African agency, on ‘centring’ Africa and on ‘provincialising’ the exogenous.

scholarly journals A DISCUSSION OF INTELLECTUAL HISTORY, JURISPRUDENTIAL THEORIES AND FEMINISM IN THE ERADICATION OF EPISTEMIC VIOLENCE IN SOUTH AFRICA

2019 ◽  
Author(s):  
Kiasha Pilla
Keyword(s):  
South Africa ◽  
Intellectual History ◽  
South African ◽  
Legal Pluralism ◽  
African Society ◽  
The South ◽  
South African Society ◽  
Feminist Scholar ◽  
Epistemic Violence ◽  
Insight Into

This analysis and discussion of intellectual history, along with analysing theories concerned with legal pluralism, provides insight into the ideas and ideologies currently influencing jurisprudence that aims to eradicate epistemic violence. This paper will illustrate how the aforementioned analysis, along with the concept of transformative constitutionalism, actively contributes towards the development of jurisprudence that aims to diminish epistemic violence and the inequality that emanates from it. The paper will illustrate how theories concerned with legal pluralism, traditions and ideologies, such as Marxism, Black Consciousness, feminism and religion, all play a role in contributing towards the development of a critical jurisprudence that will aim to eradicate epistemic violence in several sectors of the South African society. This paper will further illustrate how feminism as an ideology, and in the field of sociological law, can uncover and subsequently empower hidden and marginalised narratives, thereby promote the eradication of epistemic violence. In addition, the paper will include an analysis of a feminist poem by a South African feminist scholar to highlight the relevance of the ideology of feminism in combatting epistemic violence.

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