scholarly journals Law and Mobilization against State Capture

2021 ◽  
Author(s):  
Jonathan Klaaren
Keyword(s):  
Civil Society ◽  
South African ◽  
Public Interest ◽  
Second Generation ◽  
The State ◽  
Legal Mobilization ◽  
The South ◽  
Public Interest Law ◽  
Mobilization Theory ◽  
State Capture

This paper examines an important feature of the night before the “New Dawn” – the phenomenon of state capture in South Africa. It is primarily interested in analyzing the civil society mobilization against such state capture, specifically the legal and organizational aspects. After exploring the phenomenon of state capture, this paper investigates the use of legal mobilization theory to describe and contextualize the organization of South African civil society against state capture, with attention to the more general phenomenon of corruption. Section One covers state capture, drawing on the 2017-2018 work of the academic network, the State Capacity Research Project, to analyze and attempt to give a definition of the term. It is argued here that the term serves to identify a particular political project, one extant during the Zuma administration and drawing a degree of its force from the apparent failure of black economic empowerment. Section Two outlines the civil society mobilization against the state capture project, noting two significant features of such mobilization: that it formed to a significant degree around legal actions and that these actions were undertaken by a second generation of post-apartheid public interest law organizations. Then, Section Three describes two significant and representative instances of such legal mobilization. The first consists of litigation engaged in by a second-generation South African public interest law organization, the Council for the Advancement of the South African Constitution (CASAC), in order to ensure the impartiality of the national prosecuting authority. The second instance of litigation took place from 2009 in the social grants payments sector, aiming at ensuring the provision of social assistance, a socio-economic rights benefiting nearly one-third of the South African population. Section Four uses legal mobilization theory from socio-legal studies to explore in further depth the mobilization of law against corruption in South African society. Here, it is significant to make the distinction between institutional anti-corruption mechanisms and impact litigation on the one hand and collective legal mobilization against state capture on the other. The Conclusion offers some reflections on topics for further research including the place of business in the mobilization against state capture and the emergence of new civil society actors.

Truth and Reconciliation: Irreconcilable Differences? an Ethical Evaluation of the South African Truth and Reconciliation Commission

1999 ◽  
Vol 6 (3) ◽  
pp. 269-302
Author(s):  
Iain S. Maclean
Keyword(s):  
Civil Society ◽  
South African ◽  
The State ◽  
Truth And Reconciliation Commission ◽  
Moral Order ◽  
The South ◽  
Reconciliation Commission ◽  
Ethical Evaluation ◽  
Truth And Reconciliation ◽  
Political Decisions

AbstractThis article is a theologico-ethical evaluation of the five-volume Report, published in October 1998, of the South African Truth and Reconciliation Commission. It comprises two major parts, the first a summary of the principles and political decisions that led to the formation of the commission and focusing primarily on the first volume, which deals with the TRC's mandate, method, structure and methodology, and on the fifth, which deals with the broader ethical, philosophical and religious principles which underlay that mandate. The second part is a theological and ethical evaluation which draws on the experiences of other such commissions, contemporary South African theologians and ethicists. The Truth and Reconciliation Commission is found to have begun the process of bringing truth and reconciliation together, a process that requires, in addition, constructive action by the state, civil society, particularly churches (and other religions) and individuals, as the bearers of a moral order.

scholarly journals Reading Practices and Literacy of Boer Combatants in the South African War of 1899–1902

2017 ◽  
Vol 24 (3) ◽  
pp. 286-307
Author(s):  
Fransjohan Pretorius
Keyword(s):  
Decision Making ◽  
South African ◽  
Practical Experience ◽  
The State ◽  
Reading Practices ◽  
The South ◽  
Planning Strategy ◽  
The Bible ◽  
South African War ◽  
Reading Matter

In investigating the reading practices of Boer combatants during the South African War, diaries, letters, and reminiscences were consulted. The state of literacy reveals a picture of a small number of highly literate men, a larger group of adequately literate men, a still larger group of semi-literates, and the illiterate. Reading matter included the Bible, newspapers, and books. Issues raised are: Did literacy (or illiteracy) influence military decision-making or troop morale? Were certain works making some impact on the battlefield? Was the practical experience the Boers had gained before the war more successful in planning strategy and tactics than literacy?

Asad on the Secular

2013 ◽  
Vol 30 (1) ◽  
pp. 1-21
Author(s):  
Auwais Rafudeen
Keyword(s):  
Human Rights ◽  
South African ◽  
The State ◽  
South African Context ◽  
Bill Of Rights ◽  
The South ◽  
Legal Nature ◽  
African Context

This paper examines a South African debate on legislating Muslim marriages in the light of anthropologist Talal Asad’s critique developed in his Formations of the Secular (2003). It probes aspects of the debate under four Asadian themes: (1) the historicity of the secular, secularism, and secularization; (2) the place of power and the new articulations of discourses it creates; (3) the state as the arm of that power; and (4) the interconnections (or dislocations) among law, ethics, and the organic environment (habitus). I argue that Asad illumines the debate in the following ways: (1) by providing a deeper historical and philosophical appreciation of its terms of reference, given that the proposed legislation will be subject to South Africa’s secular Bill of Rights and constitution; (2) by requiring us to examine and interrogate the genealogies of such particular hegemonic discourses as human rights, which some participants appear to present as ahistorical and privileged; and (3) by showing, through the concept of habitus, why this debate needs to go beyond its present piecemeal legal nature and develop an appreciation of the organic linkages among the Shari‘ah, morality, community, and self. Yet inevitable nuances are produced when applying Asad’s ideas to the South African context.

scholarly journals Developing evaluation standards and assessing evaluation quality

2015 ◽  
Vol 3 (1) ◽  
Author(s):  
Mike Leslie ◽  
Nishendra Moodley ◽  
Ian Goldman ◽  
Christel Jacob ◽  
Donna Podems ◽  
...  
Keyword(s):  
South Africa ◽  
Quality Assessment ◽  
South African ◽  
Evaluation System ◽  
The State ◽  
Routine Activity ◽  
The South ◽  
Evaluation Standards ◽  
Evaluation Practice ◽  
Quality Assessments

The article explains the rationale for the development of standards for evaluation practice, the process followed in developing those standards, and how those standards inform the quality assessment of evaluations. Quality assessment of evaluations are conducted as a routine activity of the South African National Evaluation System (NES). The importance of quality assessment for improving the state of evaluation practice in South Africa is illustrated by presenting results from the quality assessments undertaken to date. The paper concludes by discussing the progress on the development of a public Evaluations Repository to manage and provide access to completed evaluations and their quality assessment results, and offering some concluding analytical remarks.

scholarly journals TEOLOGIA PÚBLICA NO BRASIL: UM PRIMEIRO BALANÇO

2012 ◽  
Vol 44 (122) ◽  
pp. 11
Author(s):  
Rudolf Von Sinner
Keyword(s):  
Public Space ◽  
South African ◽  
Rio Grande ◽  
The State ◽  
Public Theology ◽  
Rio Grande Do Sul ◽  
The South ◽  
The World ◽  
Uniform Definition ◽  
Different Parts

À luz de desafios atuais presentes no espaço público brasileiro, a discussão sobre a presença de crucifixos em tribunais gaúchos e a atuação de políticos evangélicos no Congresso, o artigo propõe-se fazer um primeiro balanço da reflexão sobre uma teologia pública no Brasil. Assim, procura responder à pergunta “o que é teologia pública?” não de forma definitória, inequívoca, uniformizante. Antes, mostra uma variedade de origens do termo e de oportunidades, bem como de perigos contidos neste conceito. Num primeiro passo, o artigo apresenta quatro linhas de abordagem presentes na emergente discussão brasileira. Em seguida, recorrendo ao sul-africano Dirk Smit, mostra a diversidade de origens e usos do conceito em várias partes do mundo. Por fim, procura evidenciar a pertinência e o potencial de uma teologia pública no Brasil – com ousadia e humildade.ABSTRACT: In view of actual challenges present in the Brazilian public space, the discussion on the presence of crosses in courthouses in the state of Rio Grande do Sul, as well as on the activities of evangelical Congressmen, this article ventures into a first balance of reflection on a public theology in Brazil. It seeks to respond to the question “what is public theology?” not with a clear and uniform definition. Rather, it shows a variety of origins and opportunities, as well as dangers contained in the concept. In a first step, the article presents four lines of thought present in the emerging Brazilian discussion. Then, with reference to the South African theologian Dirk Smit, it shows the diversity of origins and uses of the concept in different parts of the world. Finally, it seeks to show the pertinence and the potential of a public theology in Brazil – both with boldness and humility. 

scholarly journals The effects of COVID-19 on vulnerable groups: A reflection on South African informal urban settlements

2021 ◽  
Vol 9 (1) ◽  
Author(s):  
Bethuel Ngcamu ◽  
Evangelos Mantzaris
Keyword(s):  
Civil Society ◽  
South African ◽  
Informal Settlements ◽  
Secondary Data ◽  
Humanitarian Assistance ◽  
Vulnerable Groups ◽  
The South ◽  
Response Strategies ◽  
Vulnerable Communities ◽  
Negative Effect

Background: The economically vulnerable population, mostly black, especially those who are residing in precarious informal settlements are most susceptible to the coronavirus disease 2019 (COVID-19) pandemic.Aim: To determine the impacts of the COVID-19 pandemic on the socio-economic condition of the vulnerable groups in South Africa. It also attempts to reflect the government’s response strategies to provide help and services for the vulnerable communities who are considered to be most susceptible to the existing pandemic. Lastly, the response strategies of civil society groups and the challenges they are encountering in providing humanitarian assistance to indigent communities are explored.Setting: This is a reflective study where secondary data has been analysed and intertwined with the researchers’ experiences and insights of the South African informal settlements’ welfare.Methods: This article followed a reflective approach where the experiences of the vulnerable communities are strategically reflected upon.Results: This fascinating study unearthed the effects of the coronavirus disease on the socio-economic conditions of vulnerable communities, the economy of the informal sector, the brutal enforcement agencies during the lockdown period, criminality, the fragmented government response and the marginalisation and frustration of civil society groups in providing humanitarian assistance to those in need.Conclusion: The South African government’s fragmentations, bureaucratic, maladministration and corruption in public departments have adversely impacted the welfare of the vulnerable groups who are living in the informal settlements. The human rights violations by the security agencies which are directed to the indigent people, and the centralisation of the humanitarian efforts by government had a negative effect on their wellbeing.

Heterogeneity and Instability: Theoretical–Methodological Outcomes of Three Investigations on Land and Agrarian Movements and the State

2021 ◽  
pp. 227797602110526
Author(s):  
Marcelo C. Rosa ◽  
Camila Penna ◽  
Priscila D. Carvalho
Keyword(s):  
South African ◽  
Agrarian Reform ◽  
The State ◽  
Agricultural Workers ◽  
The South ◽  
The Third ◽  
Public Expression ◽  
Transnational Ties ◽  
Definition Of

The article presents a theoretical–methodological proposal to research movements and its connections based on the associations they establish. The first investigation focuses on the transformations of the South African Landless People’s Movement, the second on interactions between Brazilian rural movements and the National Institute of Colonization and Agrarian Reform, the third focuses on the transnational ties of the Brazilian National Confederation of Agricultural Workers. We produce an ontological definition of movements and the state as collectives whose existence is defined by continuous assemblages of heterogeneous and unstable elements. Those collectives are not enclosed analytical units, but contingent and contextual. Methodologically, we suggest the observation of the processes in the long term to grasp the continuous constructions of those collectives, even before they reach public expression. Controversies are analytical categories for understanding which elements allow things to take the course we analyze.

The Mystery of Lord Haldane and Early British Military Aviation

1979 ◽  
Vol 11 (1) ◽  
pp. 46-65 ◽  
Author(s):  
Alfred Gollin
Keyword(s):  
South African ◽  
Prime Minister ◽  
Good Reason ◽  
The State ◽  
German Philosophy ◽  
The South ◽  
Major Step ◽  
Secretary Of State ◽  
British Military ◽  
Military Aviation

In December 1905 R.B. Haldane, later Viscount Haldane of Cloan, became Secretary of State for War. Among his fellow politicians Haldane, at this time, was looked on as an intriguer who combined habitual meddling in high places with a curious and remarkable interest in German philosophy. The Prime Minister of the day, Sir Henry Campbell-Bannerman, who had good reason to dislike Haldane, nicknamed him “Schopenhauer.” Both men knew that the War Office had ruined the reputations of several of Haldane's predecessors. “We shall now see,” remarked Campbell-Bannerman, in a phrase that later became famous, “how Schopenhauer gets on in the Kailyard.” Despite this unpromising start Haldane's military reforms were so successful that they established his reputation in history as one of the great servants of the state in the pre-1914 era. His work and accomplishments in the field of military aviation, however, have been criticized very severely. In fact, the matter is so complicated that one aviation authority has written of the record in this area that “Haldane's actions behind the scenes may never be known with certainty.”Even some of his closest subordinates in the field of military aeronautics were very critical of Haldane's attitude and outlook. In February 1911 a major step was taken when, by an Army Order, a unit known as the Air Battalion of the Royal Engineers was created. This Battalion was entrusted with the duty of training a “body of expert airmen.” The Battalion's first commander was Major Sir Alexander Bannerman, an officer who knew little about airplanes, but was instead a balloon expert with experience in the South African and Russo-Japanese wars.

scholarly journals From Demonic Faith to Redemptive Faith: The Ambiguity of Faith in the Intersection of Religion and State Violence

Religions ◽  
2020 ◽  
Vol 11 (6) ◽  
pp. 268
Author(s):  
Wonchul Shin
Keyword(s):  
South Africa ◽  
South African ◽  
Complex Dynamics ◽  
State Violence ◽  
The State ◽  
People Of Color ◽  
The South ◽  
Key Features ◽  
Religion And State

This paper aims to examine the ambiguity of faith in the intersection of religion and state violence. I pay attention to the state-operated system of apartheid in South Africa and critically analyze the Afrikaner community’s faith that motivated and justified vicious state violence against people of color. I name this faith demonic faith and present two key features of demonic faith in the South African case: idolatrous absolutization and destructive dehumanization. I also examine how the Afrikaners’ demonic faith came to its existence through the complex dynamics of their existential anxieties, desires, and distorted ways to fulfill the desires. I then argue for the ineffaceable possibility of redemptive faith, and theoretically construct how two features of redemptive faith, consisting of courage and empathy, could have empowered the Afrikaners to break the shackles of demonic idolatry and destruction. Redemptive faith is tragically paired with demonic faith, but truth serves as a key criterion to guide us in this tragic ambiguity of faith.

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