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

Author(s):  
A. FREDDIE

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.

2020 ◽  
pp. 74-86
Author(s):  
Alexandra Arkhangelskaya

The history of the formation of South Africa as a single state is closely intertwined with events of international scale, which have accordingly influenced the definition and development of the main characteristics of the foreign policy of the emerging state. The Anglo-Boer wars and a number of other political and economic events led to the creation of the Union of South Africa under the protectorate of the British Empire in 1910. The political and economic evolution of the Union of South Africa has some specific features arising from specific historical conditions. The colonization of South Africa took place primarily due to the relocation of Dutch and English people who were mainly engaged in business activities (trade, mining, agriculture, etc.). Connected by many economic and financial threads with the elite of the countries from which the settlers left, the local elite began to develop production in the region at an accelerated pace. South Africa’s favorable climate and natural resources have made it a hub for foreign and local capital throughout the African continent. The geostrategic position is of particular importance for foreign policy in South Africa, which in many ways predetermined a great interest and was one of the fundamental factors of international involvement in the development of the region. The role of Jan Smuts, who served as Prime Minister of the Union of South Africa from 1919 to 1924 and from 1939 to 1948, was particularly prominent in the implementation of the foreign and domestic policy of the Union of South Africa in the focus period of this study. The main purpose of this article is to study the process of forming the mechanisms of the foreign policy of the Union of South Africa and the development of its diplomatic network in the period from 1910 to 1948.


Obiter ◽  
2018 ◽  
Vol 39 (2) ◽  
Author(s):  
Joanna Botha

In South African Human Rights Commission v Qwelane (hereinafter “Qwelane”) the constitutionality of the threshold test for the hate speech prohibition in section 10(1) of the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 (hereinafter the “Equality Act”) was challenged. Although the court had no difficulty in finding that the publication in question fell squarely within the parameters of hate speech, the judgment is both incoherent and flawed. The court’s conjunctive interpretation of the section 10(1) requirements for hate speech also differs from the disjunctive interpretation given to the same provision in Herselman v Geleba (ECD (unreported) 2011-09-01 Case No 231/09 hereinafter “Herselman”) by the Eastern Cape High Court. The consequence is a “fragmented jurisprudence” which impacts on legal certainty, and which is especially dangerous when the legislation in question is critical to the achievement of the constitutional mandate (Daniels v Campbell NO 2004 (5) SA 331 (CC) par 104 hereinafter “Daniels”).This note demonstrates that the Qwelane court misapplied a number of key principles. These include: the court’s mandate in terms of section 39(2) of the Constitution of the Republic of South Africa, 1996 (hereinafter the “Constitution”); the need to strike an appropriate balance between competing rights in the constitutional framework; the importance of definitional certainty for a hate speech threshold test; the meaning to be ascribed to the terms “hate”, “hurt” and “harm” in the context of hate speech legislation; and the role of international law when interpreting legislation intended to give effect to international obligations.The consequence of these errors for hate speech regulation in South Africa is profound.


1967 ◽  
Vol 21 (1) ◽  
pp. 55-78 ◽  
Author(s):  
George Alfred Mudge

The oratory of the General Assembly and the Security Council and the resolutions adopted by these organs are the most obvious activities of the United Nations in the field of human rights and the features usually studied. They alone, however, give little indication of the effectiveness and the effects of the UN's actions. To investigate this one needs to go beyond New York to the national capitals. How do governments whose policies are severely criticized in the UN respond? On one level the questions can be simply answered. The alternatives are reasonably clear. They include token and substantive compliance, indifference, and defiance. But how is one alternative chosen over the others and does what goes on in New York have any impact on the political dynamics within the national framework? This article is an attempt to investigate a limited aspect of this question. It is an analysis of both the reactions within the parliaments of Rhodesia and the Republic of South Africa to UN actions concerning these territories and the possible importance of these reactions in parliamentary elections.


2021 ◽  
Vol 4 (2) ◽  
Author(s):  
Daniel N. Mlambo ◽  
◽  
Toyin Cotties Adetiba

This article addresses the question of what drives the character and orientation of South Africa’s foreign policy post the apartheid era. The shift from apartheid to democracy in 1994 brought with it a new paradigm shift in both South Africa’s domestic and foreign policy agenda. This was also driven by the need to redress the destabilization policies of the apartheid regime. The demise of apartheid in 1994 brought with it immense jubilation both continentally and abroad and South Africa was now for the first time in years reintegrated into the global economy. By undertaking this enquiry, the study attempts to draw a nuanced evaluation of South Africa’s foreign policy, particularly in Southern Africa since its transition to democracy in 1994.


2021 ◽  
Vol 13 (2) ◽  
pp. 95-102
Author(s):  
Marta Znak

Studies of Sejmiks or local parliaments and their influence on the political, military and socio-economic life of the early modern Polish-Lithuanian Commonwealth are widely represented in modern European historiography. Pre-Sejm sejmiks were convened by the king who sent a writ to each sejmik, outlining the reasons the next Sejm would be held.In August 1669, the General Sejmik of the Ruthenian Voivodeship took place in Vyshnia, at which elect six representatives (traditionally two deputies, each from the Lands of Lwow, Przemysl, and Sanok) to the Coronation Sejm of Michael I. The main idea of the article is to show biographies of the six deputies of the Ruthenian Voivodeship. The paper is based on the source materials of the General Sejmik the second half of the 17th century demonstrates the place of their representation in their public and political activities. Sejmiks gave the opportunity for the career development of local nobility for politician’s beginners and experienced public figures. The role of the deputies was honourable and responsible, as the elected represented the interests of the whole voivodeship. Participation in the work of the Sejm provided an opportunity to join the discussion of important issues of the domestic and foreign policy of the Polish–Lithuanian Commonwealth. However, authority in the local noble society was not the only criterion for election to the embassy, no less important factor was the client-patron relationship. Lot of nobility belonged to family and political groups led by senators and magnates and defended their interests at the Sejmik and Sejm. Among the six ambassadors elected at the General Sejmik, there were representatives of magnate families and experienced parliamentarians who regularly participated in the Sejm.


1984 ◽  
Vol 15 (3) ◽  
pp. 182-187
Author(s):  
J. Kroon

A structure-analysis of Black business enterprise in the Republic of South Africa The present situation in South Africa is such that a sophisticated and developed economy and a totally unsophisticated and undeveloped economy exist side by side. In this context the role of entrepreneurs or employers is mainly fulfilled by Whites and the role of employees by Blacks. Reasons for this are, among others, the political historical development in South Africa and the fact that the independent entrepreneur was not part of the Black man's traditional structure. In this context the position of the Black entrepreneur in the Republic of South Africa (excluding independent and national states) is referred to. In particular, attention is given to the development of Black business enterprise in Black residential areas, the physical structure of Black residential areas, the structure of formal Black business enterprise, the informal sector as an important part of the small business sector in Black residential areas, purchasing behaviour of Black consumers, existing purchasing facilities in Black residential areas and the need for certain other purchasing facilities in Black residential areas.


2016 ◽  
Vol 8 ◽  
Author(s):  
Colin Wintle

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.


2021 ◽  
pp. 72-84
Author(s):  
Shaka Yesufu

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.


2021 ◽  
Author(s):  
Daniel N. Mlambo ◽  
Toyin Cotties Adetiba University

This article addresses the question of what drives the character and orientation of South Africa’s foreign policy post the apartheid era. The shift from apartheid to democracy in 1994 brought with it a new paradigm shift in both South Africa’s domestic and foreign policy agenda. This was also driven by the need to redress the destabilization policies of the apartheid regime. The demise of apartheid in 1994 brought with it immense jubilation both continentally and abroad and South Africa was now for the first time in years reintegrated into the global economy. By undertaking this enquiry, the study attempts to draw a nuanced evaluation of South Africa’s foreign policy, particularly in Southern Africa since its transition to democracy in 1994.


Obiter ◽  
2021 ◽  
Vol 42 (2) ◽  
Author(s):  
Glancina Mokone

The Constitution of the Republic of South Africa is the supreme law, and it imposes obligations on all arms of the State, including the judiciary. In performing their functions and exercising their powers, all three arms of the State are obliged to fulfil the obligations imposed by the Constitution. In particular, all three arms of the State are bound by the provisions of the Bill of Rights. The Bill of Rights, provided for in the Constitution, is a cornerstone of democracy in the country. The Bill of Rights provides for fundamental human rights, which must be respected, protected, promoted and fulfilled by the State. Different legal systems recognised in the Republic also have to comply with the provisions of the Bill of Rights. In particular, section 39(2) of the Constitution provides that whenever legislation is interpreted and when the common law and customary law are being developed, the spirit, purport and objects of the Bill of Rights must be promoted. Therefore, even when a case before a court calls for the application of common law and all the principles applicable under common law, such application must comply with the provisions of the Constitution, including in cases of common-law rape. Gender-based violence has reached alarming rates in South Africa. The country is referred to as the “femicide nation” and the “rape capital of the world”. With a Constitution that is supreme and entrenched, a Bill of Rights that provides for the protection and promotion of fundamental human rights, and obligations incurred in terms of international and African human-rights treaties, there are particular obligations placed on all three arms of the State, including the judiciary. All three arms of the State are obliged to comply with these provisions when addressing the scourge of gender-based violence in the country. This article conducts a critical analysis of the constitutional role of the judiciary in cases of sexual gender-based violence, with a focus on section 39(2) of the Constitution. The analysis is based primarily on the case of Tshabalala v S; Ntuli v S 2020 (5) SA 1 (CC).


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