scholarly journals Methodism and transformation in South Africa: 20 years of constitutional democracy

2014 ◽  
Vol 70 (1) ◽  
Author(s):  
Wessel Bentley
Keyword(s):  
South Africa ◽  
Service Delivery ◽  
Local Communities ◽  
Political Context ◽  
Constitutional Democracy ◽  
Political Will ◽  
Methodist Church ◽  
South Africans ◽  
Theological Understanding ◽  
Agent Of Change

It has been two decades since South Africa became a constitutional democracy. The transition of power in this country has not necessarily meant that the majority of South Africans have experienced a transformed life. The incessant experience of poverty, poor service delivery and lack of political will to facilitate change is leading to violent protest action. This article investigates the progression in the Methodist Church of Southern Africa’s theological understanding of its role in being an agent of change in local communities. It does so by reflecting on the Church’s place in the current political context, its programmes and recent initiatives in its mission-based focus.

scholarly journals A CONSTITUTIONAL DEMOCRACY SHOULD PROVIDE FOR THE LEGALISATION OF ORGAN TRADING

2018 ◽  
Author(s):  
Bianca ] Murray
Keyword(s):  
South Africa ◽  
Organ Procurement ◽  
Organ Transplant ◽  
Black Market ◽  
Organ Shortage ◽  
Organ Donors ◽  
Constitutional Democracy ◽  
Viable Option ◽  
South Africans ◽  
The Law

The choice before us is not between buying or not buying organs.1 This is happening regardless of the law. The choice is whether transplant operations and the sale of organs will be regulated or not.’2 It is in light of this statement that I propose a legalised system of organ trading. Desperate people will turn to the black market regardless of the law. If organ trading could be regulated, we can protect all parties involved and ensure that they get the benefit they deserve.3 A very important factor of this way of procuring organs is that it will curb the organ shortage organ shortage. The waiting period for an organ transplant in South Africa is 5-11 years. Approximately 50% of people die while being on a waiting list for an organ transplant.4 While there is such a dire need for organs, research has shown that only 0.2% of South Africans are organ donors.5 Something must be done to motivate more people to become organ donors. While the need for organs grows daily, the black market is flourishing. As none of the organ procurement systems in other countries are successful enough to provide the need for organs, our only viable option might be to implement a payment system. When closely regulated, the system of organ trading can be an enormous success.

scholarly journals A Suitable Paradigm: the Indian Founding and the world

Jus Cogens ◽  
2022 ◽  
Author(s):  
James Fowkes
Keyword(s):  
United States ◽  
South Africa ◽  
The United States ◽  
Constitutional Democracy ◽  
Paradigm Case ◽  
Post Colonial ◽  
South Africans ◽  
The Us ◽  
The World ◽  
Do So

AbstractWhat is the relevance of the Indian case for South Africa? And what should South Africans, and the rest of the world, make of the claim in Madhav Khosla’s India’s Founding Moment that we should recognize India as ‘the’ paradigm case for modern constitutional democracy? The constitutional projects of India and South Africa are naturally connected, but Khosla’s book helps to bring out what is perhaps the most important of the connections. Both are founded on an insistently democratic constitutionalism, in places where most inhabitants had long been told they were not suited or ready for democracy. Both display the conviction that boldly giving the vote to all, in these circumstances, is a powerful way to construct a democracy. This idea is crucial for understanding many aspects of both constitutions. This makes India a natural paradigm case for South Africa and many others. The stronger claim, that it is ‘the’ paradigm case and should succeed the United States to this status, can become more complicated once one tests it out globally (like the US claim). Finland and Ireland are especially strong and earlier examples of what Khosla sees as ground-breaking in India. Latin America’s somewhat different post-colonial trajectory makes India a more imperfect paradigm there. But that said, treating India and its founding as paradigmatic may well be the single best step to take for a more balanced view of the constitutional world, and this book’s elegant erudition makes it a real scholarly pleasure to do so.

‘Guardian of the Solemn Pact’ – The Role of the Constitutional Court in South Africa’s Constitutional Transition

2020 ◽  
Vol 23 (1) ◽  
pp. 355-385
Author(s):  
Brynne Guthrie
Keyword(s):  
South Africa ◽  
Political Context ◽  
Constitutional Court ◽  
Constitutional Democracy ◽  
Unique Role ◽  
The Public ◽  
The Impact

The Constitutional Court of South Africa has played a unique role in the country’s constitutional transition. This paper starts by detailing the historical and political context of the Interim Constitution which created the Constitutional Court and the constitutional principles. The article describes the approach of the Court in the First Certification Judgment (1996), analysing the impact of the Constitutional Court’s decision on the drafting of the final Constitution and the public more generally, before briefly outlining the role that the Court continues to play in protecting constitutional democracy as a ‘Guardian of the Solemn Pact’.

Restorative Justice as a Key for Healing Communities

2008 ◽  
Vol 15 (1-2) ◽  
pp. 53-73 ◽  
Author(s):  
Christo Thesnaar
Keyword(s):  
South Africa ◽  
Restorative Justice ◽  
Local Communities ◽  
The Other ◽  
Economic Gain ◽  
Christian Church ◽  
South Africans ◽  
The Past ◽  
Life Journey

AbstractSouth Africa is indeed a country of many contrasts, of extreme wealth and extreme poverty. All South Africans were deeply affected by apartheid and this had a huge effect on how communities (including both offenders and victims) on all levels took shape: where they lived, the quality of their housing and neighbourhoods, the resources they had or did not have at their disposal, what schools their children attended, what opportunities they had for economic gain and how they were emotionally affected by the policies of apartheid. This article specifically intends to argue that communities should deal in a positive and urgent way with the divide caused by the past so that victims and offenders do not stay victims and offenders but are assisted to move on in their life journey towards healing and wholeness. The author believes that the key for reaching this goal is justice, especially restorative justice. With this qualification in mind the article wants to argue that the Christian church in particular can play a central role in implementing restorative justice in local communities. This will ultimately help to break the destructive cycle of being a victim today and an offender tomorrow, or the other way round.

scholarly journals Municipal Courts and Environmental Justice in South African Local Government

2021 ◽  
Vol 24 ◽  
pp. 1-40
Author(s):  
Andrew Molaiwa
Keyword(s):  
South Africa ◽  
Environmental Management ◽  
Decision Making ◽  
Local Government ◽  
Service Delivery ◽  
Environmental Justice ◽  
Local Communities ◽  
Environmental Harm ◽  
Environmental Injustice ◽  
Municipal Service

Environmental injustice is part and parcel of the fundamentals of international and domestic environmental law. In South Africa, section 2(4)(c) of the National Environmental Management Act 107 of 1998 (NEMA) establishes environmental justice (EJ) as part of the environmental management principles to direct decision-making. This is particularly relevant because of the country’s legacy of continuing environmental injustices and inequalities, especially concerning natural-resource dependent services and benefits. The Constitution of the Republic of South Africa, 1996 further establishes a developmental local government (DLG) of which the objects are to ensure a safe and healthy environment, sustainable delivery of services, promotion of social and economic development as well as public participation in decision-making. These objects are complemented by section 24 environmental right in the Bill of Rights.  Municipal service delivery of water and sanitation, electricity, land matters and municipal health, should supplement, not compromise the state of local communities' environment and access should be equal. The absence of the latter may result in the form of environmental injustice as has been described by authors such as Bullard, McDonald and Schlosberg. In the event of service delivery-related environmental injustices, it is to be expected that communities must have remedial options available.  One of which may be accessible to the judicial system.   Therefore, this paper focuses on and explains the role that Municipal Courts specifically may play in fortifying the relationship between municipal service delivery and improved grass-root level environmental justice in South Africa. The underlying question is whether such courts can be agents of (environmental) change where local communities are exposed to environmental harm as a consequence of the failure of municipal services or the environmentally harmful actions of other community members or local industries. 

A synopsis of urban violence in South Africa

2010 ◽  
Vol 92 (878) ◽  
pp. 495-520 ◽  
Author(s):  
David Abrahams
Keyword(s):  
South Africa ◽  
Urban Areas ◽  
Urban Violence ◽  
Constitutional Democracy ◽  
South Africans ◽  
Democratic State ◽  
Women And Children ◽  
Legal Frameworks ◽  
Forms Of Violence ◽  
First Time

AbstractOn 27 April 1994, all South Africans were permitted to vote for the first time, signalling the birth of a democratic state built on a constitutional democracy. Yet the wrath of gang-related activities in townships and other urban areas was clearly visible, as was the xenophobic violence that shocked the world. Very often the vast majority of victims have been innocent civilians, and especially women and children. This article gives an overview of the various forms of violence in South Africa and also briefly considers the state's responses to them within the various legal frameworks.

Reframing Xenophobia in South Africa as Colour-Blind: The Limits of the Afro Phobia Thesis

2020 ◽  
Vol 17 (3) ◽  
pp. 433-444
Author(s):  
Amanuel Isak Tewolde
Keyword(s):  
South Africa ◽  
South African ◽  
Analytical Framework ◽  
Conflict Theory ◽  
Black African ◽  
South Africans ◽  
Theoretical Perspectives ◽  
Online Newspaper ◽  
Close Proximity ◽  
Realistic Conflict Theory

Many scholars and South African politicians characterize the widespread anti-foreigner sentiment and violence in South Africa as dislike against migrants and refugees of African origin which they named ‘Afro-phobia’. Drawing on online newspaper reports and academic sources, this paper rejects the Afro-phobia thesis and argues that other non-African migrants such as Asians (Pakistanis, Indians, Bangladeshis and Chinese) are also on the receiving end of xenophobia in post-apartheid South Africa. I contend that any ‘outsider’ (White, Asian or Black African) who lives and trades in South African townships and informal settlements is scapegoated and attacked. I term this phenomenon ‘colour-blind xenophobia’. By proposing this analytical framework and integrating two theoretical perspectives — proximity-based ‘Realistic Conflict Theory (RCT)’ and Neocosmos’ exclusivist citizenship model — I contend that xenophobia in South Africa targets those who are in close proximity to disadvantaged Black South Africans and who are deemed outsiders (e.g., Asian, African even White residents and traders) and reject arguments that describe xenophobia in South Africa as targeting Black African refugees and migrants.

Is Xenophobic Violence and Criminality Systemic in Post-Apartheid South Africa? A Critical Analysis of Growing Denialism to 2015 Incidents

Politeia ◽  
2018 ◽  
Vol 37 (1) ◽  
Author(s):  
Mbekezeli Comfort Mkhize ◽  
Kongko Louis Makau
Keyword(s):  
South Africa ◽  
Rule Of Law ◽  
Critical Analysis ◽  
Hate Crime ◽  
International Organisations ◽  
Foreign Nationals ◽  
The Rule Of Law ◽  
South Africans ◽  
Structural Problems ◽  
The Government

This article argues that the 2015 xenophobic violence was allowed to spread due to persistent inaction by state officials. While the utterances of King Goodwill Zwelithini have in part fuelled the attacks, officials tend to perceive acts of xenophobia as ordinary crimes. This perception has resulted in ill-advised responses from the authorities, allowing this kind of hate crime against foreign nationals to engulf the whole country. In comparison with similar attacks in 2008, the violent spree in 2015 is characterised by a stronger surge in criminal activities. The militancy showcased fed a sense of insecurity amongst foreigners, creating a situation inconsistent with the country’s vaunted respect for human rights and the rule of law. Investors lost confidence in the country’s outlook, owing in part to determined denialism in government circles regarding the targeting of foreigners. While drawing from existing debates, the article’s principal objective is to critically examine the structural problems that enable xenophobia to proliferate and the (in)effectiveness of responses to the militancy involved in the 2015 attacks. Of particular interest are the suggested responses that could be effective in curbing future violence. The article concludes that xenophobia is systemic in post-apartheid South Africa. Strong cooperation between the government, national and international organisations could provide the basis for successful anti-xenophobia measures. The article further argues that the country is obliged to find a sustainable solution to the predicament for humanitarian reasons firstly, and in recognition of the support South Africans received from its African counterparts during the liberation struggle.

Reverend Doctor Sox Leleki and His Role in the Black Methodist Consultation

2019 ◽  
Vol 6 (2) ◽  
Author(s):  
Sonwabile Mancotywa
Keyword(s):  
South Africa ◽  
Southern Africa ◽  
Political Influence ◽  
Individual Member ◽  
Methodist Church ◽  
Role Players

The Methodist Church of Southern Africa (MCSA) is one of the mainline Christian denominations with a very good history. However, it was not immune from the larger political influence of South Africa that was polarised by apartheid. This article is intended to look at the formation known as the Black Methodist Consultation (BMC), which at that time had an individual member who played an important role in its development and activities. Sox Leleki was one of the key role players of this movement inside the Methodist Church

SOUTH AFRICA IN THE CINEMATIC IMAGINARY: THE STORY OF A WHITE YOUTH IN SKIN

2017 ◽  
Vol 14 (2) ◽  
pp. 170-178
Author(s):  
Khatija Bibi Khan
Keyword(s):  
South Africa ◽  
Spiritual Development ◽  
Black People ◽  
White Youth ◽  
Multiple Selves ◽  
Social Imaginaries ◽  
South Africans ◽  
Rapid Production ◽  
New Critics ◽  
Good Number

The rapid production of films of diversity in post-1994 South Africa has unfortunately not been matched by critical works on film. Part of the reason is that some of the films recycle old themes that celebrate the worst in black people. Another possible reason could be that a good number of films wallow in personality praise, and certainly of Mandela, especially after his demise. Despite these problems of film criticism in post-1994 South Africa, it appears that some new critics have not felt compelled to waste their energy on analysing the Bantustan film – a kind of film that was made for black people by the apartheid system but has re-surfaced after 1994 in different ways. The patent lack of more critical works on film that engages the identities and social imaginaries of young and white South Africans is partly addressed in SKIN – a film that registers the mental growth and spiritual development of Sandra’s multiple selves. This article argues that SKIN portrays the racial neurosis of the apartheid system; and the question of identity affecting young white youths during and after apartheid is experienced at the racial, gender and sex levels.

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