scholarly journals The Status and Role of Legislation In South Africa as a Constitutional Democracy: Some Exploratory Observations

2011 ◽  
Vol 14 (4) ◽  
Author(s):  
L Du Plessis
Keyword(s):  
South Africa ◽  
Constitutional Democracy ◽  
The Status

scholarly journals The Status and Role of Legislation In South Africa as a Constitutional Democracy: Some Exploratory Observatio

2017 ◽  
Vol 14 (4) ◽  
pp. 91
Author(s):  
Lourens M Du Plessis
Keyword(s):  
South Africa ◽  
Separation Of Powers ◽  
Constitutional Democracy ◽  
State Legislation ◽  
Popular Participation ◽  
Constitutional Review ◽  
The Status ◽  
The Face

This note explores the proposition that in the face of probably one of the most unequivocal forms of constitutional review in a modern day state, legislation in South Africa has since 27 April 1994 grown in status (and stature) nonetheless, and has assumed an unprecedented role in our constitutional democracy.  First, it is shown how constitutional review with the necessary judicial self-restraint has instilled respect for legislation in the context of and with reference to the separation of powers.  Second, it is shown that and how statutes have become (subsidiary) allies to the Constitution and have been standing the realisation of constitutional values in good stead.  Finally, it is argued that the constitutional requirement of popular participation in legislative deliberation has also added to the esteem for legislation in our constitutional democracy.

The Constitutional Court of South Africa: Thoughts on its 25-Year-Long Legacy of Judicial Activism

2021 ◽  
Vol 56 (1) ◽  
pp. 18-33
Author(s):  
Lucky Mathebe
Keyword(s):  
South Africa ◽  
Constitutional Court ◽  
Transformative Change ◽  
Democratic Accountability ◽  
Constitutional Democracy ◽  
The Public ◽  
Crime And Punishment ◽  
Black And White ◽  
Marginalised Groups

After almost 25 years of what could justifiably be called transformative change in South Africa, a truism is that the country’s new legal order, established by the Constitution in 1993 and 1996, provides the critical foundation of peace and security upon which its freedom has been built. The Constitutional Court was one of the most important of the new democratic institutions in the shaping of the country’s position as a constitutional democracy, upholding the values for which millions of people, black and white, had fought. This article is a brief reflection on the role of the Court in establishing the meaning of this democracy and giving it effect. The main goal of the article is to understand how the Court’s new jurisprudence works in particular contexts, how its work is related to crime and punishment, and what it means for the rights of marginalised groups in society. Using the examples of the Court’s decision in Makwanyane on the death penalty, and the Court’s decision on the findings of the Public Protector’s report on Nkandla, the article finds that the Court’s new jurisprudence takes quite a different view of legal developments in South Africa, insofar as the jurisprudence entrusts broad discretion to the Court and emphasises the need for sustained leadership of the Court to advance the battle for fundamental human rights, the rule of law, and democratic accountability.

English in Namibia: Multilingualism and Ethnic Variation in the Extra- and Intra-territorial Forces Model

2020 ◽  
pp. 38-62
Author(s):  
Anne Schröder ◽  
Frederic Zähres
Keyword(s):  
South Africa ◽  
Developmental Stages ◽  
Minority Languages ◽  
Ethnic Variation ◽  
Linguistic Identity ◽  
Identity Constructions ◽  
Close Analysis ◽  
The Status ◽  
Historical Relationship

This chapter presents a close analysis of the Namibian linguistic ecology and the role of Namibian English (NamE) in the multilingual make-up of the country. This includes the discussion of the status of English in comparison to Afrikaans, the country’s primary lingua franca, and to minority languages, such as German, as well as majority languages, such as Oshiwambo. Taking up and elaborating on observations on Namibian-specific phonetic realizations of vowels, identifying linguistic identity constructions, ethnolinguistic variation and discussing in detail the (historical) relationship between South Africa (as an epicentre) and Namibia, it shows that NamE cannot be seen as a monolithic whole but should rather be considered a bundle of local sub-varieties. The chapter further discusses the applicability of the EIF Model to the Namibian case and makes some suggestions on how to include additional extra-territorial forces, discussions of heterogeneity, norm development as well as a different approach to developmental stages in model making.

‘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’.

International Sanctions: A Framework for Analysis with Special Reference to the UN and Southern Africa

1972 ◽  
Vol 26 (3) ◽  
pp. 527-550 ◽  
Author(s):  
Margaret Doxey
Keyword(s):  
South Africa ◽  
International Economic ◽  
United Nations ◽  
Special Reference ◽  
Southern Africa ◽  
Economic Sanctions ◽  
The Status ◽  
International Sanctions ◽  
The Relationship

This paper falls into two main parts. In Part I an attempt is made to develop a simple framework which can be used for analyzing the role of sanctions, with special reference to international sanctions.1In Part II this framework is used to investigate the status of the United Nations as a sanctioning body and, in particular, the relationship between the UN and Southern Africa where Rhodesia has been subjected to international economic sanctions since 1965 and South Africa has been under threat of similar measures since the early 1960s.2

scholarly journals Anomalieë in die Gereformeerde standpunt oor die rol van die vrou in die kerk

2002 ◽  
Vol 36 (4) ◽  
Author(s):  
W.C. Vergeer
Keyword(s):  
South Africa ◽  
New Paradigm ◽  
The Status ◽  
Role Of Women ◽  
Reformed Churches ◽  
The Church

Anomalies in the Reformed understanding of Scripture concerning the role of women in the church Theories of T.S. Kuhn on the progress of science are applied in this study of the changing position of women in the Reformed Churches in South Africa (RCSA). From this perspective, the resolutions and appendices of the 1988 Synod of the RCSA concerning the issue of women in office, are seen as a “governing paradigm” on the status and role of women in the church. This paradigm has, however, in recent times been increasingly challenged by a number of anomalies that can no longer be adequately explained. Anomalies in ecumenical, hermeneutic and exegetic levels, as well as anomalies in the application of Scripture are pointed out and discussed. These anomalies are seen as evidence of an era of revolution concerning the views on women in the RCSA. According to the theories of Kuhn, this revolution will continue until a new paradigm capable of explaining all the relevant phenomena, becomes prominent.

scholarly journals Graphic design for social justice in South Africa

2012 ◽  
Author(s):  
◽  
Latha Ravjee
Keyword(s):  
South Africa ◽  
Social Justice ◽  
Critical Thinking ◽  
Human Dignity ◽  
Graphic Design ◽  
State Power ◽  
Specific Reference ◽  
The Status ◽  
Visual Impact

In this dissertation I examine of the role of graphic design in the struggle for social justice in South Africa - with specific reference to the concept of human rights. I am motivated by an overwhelming awareness that the Bill of Rights in post-apartheid South Africa exists in striking contrast to the daily struggles for human dignity. In addressing this contradiction I present a historical examination that focuses on the visual impact of the creative combination of images and text to effect socioeconomic and political change. Drawing from Steve Biko’s philosophy of psychological liberation and Paulo Freire’s educational philosophy for critical thinking, I distinguish between propaganda and education. I take the stand that people are not really free if they blindly accept the myths of the established state order and I explore the various ways in which society is misguided by these myths. I argue that unlike graphic design that maintains the status quo and represents the propaganda of the established order, ‘graphic design for social justice’ represents the voice of people’s power against state power. Through this study and practice I conclude that the role of graphic design for social justice in South Africa is to uncover the myths of state power by presenting scenarios that encourage critical thinking, dialogue and open debate about power and the abuse of power in the continued struggle for human dignity. It is intended that this body of work, and the exhibition that results from it, contributes in part to the writing and documentation of a history of South African socio-political graphics.

Afro-Asian Peoples’ Solidarity Organization (AAPSO) Presidium Committee Nairobi Preparations

Meridians ◽  
2021 ◽  
Vol 20 (1) ◽  
pp. 174-182
Author(s):  
Destiny Wiley-Yancy
Keyword(s):  
South Africa ◽  
Developing Countries ◽  
Social Justice ◽  
Transnational Corporations ◽  
Resistance Movements ◽  
The Status ◽  
Women And Children ◽  
The Impact ◽  
Status Of Women

Abstract The Afro-Asian People’s Solidarity Organization’s (AAPSO) Presidium Committee on Women met to prepare for the United Nations Conference on Women in Nairobi, Kenya. The committee aimed to tackle the impact of colonialism and imperialism and the ways they disproportionately impacted the lives of women. The AAPSO wanted to do this through a series of workshops focusing on the status of women in apartheid South Africa, the destabilization of women and children in Africa and Asia, the burden of debt in developing countries, and the subversive role of transnational corporations in mass media. The committee also recognized that women, particularly in Africa and Asia, formed the forefront of resistance movements, driving the struggle. This meeting shows that the Presidium Committee on Women optimistically saw women’s social justice as an integral component to the larger anticolonial and anti-imperial project.

scholarly journals The rediscovery of the role of the laity in the mission of the Church � with reference to the Baptist Union of Southern Africa (BUSA)

2012 ◽  
Vol 33 (1) ◽  
Author(s):  
Peter Christofides ◽  
Piet G.J. Meiring
Keyword(s):  
South Africa ◽  
Southern Africa ◽  
Cutting Edge ◽  
Christian Faith ◽  
Christian Missions ◽  
The World ◽  
The Status ◽  
Missional Churches ◽  
The Church

The role of the laity is at the cutting edge of Christian missions today. The author conducted a number of interviews and questionnaires to determine the status of the laity across denominations of the Christian faith in South Africa. His findings are in a number of instances startling: The picture of the laity, and what lay Christians in South Africa believe, run against general expectations. Some suggestions and proposals on how to empower the laity in general, and the churches of the Baptist Union in Southern Africa (BUSA) in particular, are made. The underlining motive for the research is to encourage the BUSA churches to become truly missional churches that make a difference in the world in which we live.

scholarly journals DECOLONISING LEGAL EDUCATION IN SOUTH AFRICA: A REVIEW OF AFRICAN INDIGENOUS LAW IN THE CURRICULUM

2020 ◽  
Author(s):  
Joshua Mawere
Keyword(s):  
South Africa ◽  
South African ◽  
Education System ◽  
Legal History ◽  
Legal Education ◽  
Post Colonial ◽  
Indigenous Law ◽  
African People ◽  
The Status

The student demonstrations in universities, which began in 2015, demanded the decolonisation of higher education. The demands included free education and a decolonised curriculum. In the field of law, the demand is anchored in changing the law curriculum. The central issues accompanying the demand are the status of indigenous law, legal history, concept of law, how law is taught and the role of law in African societies. The article examines the necessity of decolonising legal education in relation to the curriculum and the teaching of law in South African universities. The article adopts a doctrinal approach to assess the need to transform the curriculum. The article is grounded in the theory of Afrocentricity in a bid to revive the African paradigm and to examine legal epistemology in post-colonial South Africa. The argument developed in this article is that the legal education system has not significantly been decolonised since 1994. Arguably, the education system is founded on European theories and systems, hence difficult or impossible for the students in Africa to relate. This article recommends that a new curriculum that reflect laws, principles and customs of the African people must be introduced in the South African legal education. Institutions are also encouraged to take positive steps to decolonise legal education and end eurocentrism.

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