Decolonising equality: the radical roots of the gender equality clause in the South African constitution

2020 ◽  
pp. 48-64
Author(s):  
Shireen Hassim
Keyword(s):  
Gender Equality ◽  
South African ◽  
The South ◽  
South African Constitution

Better Late than Never: Lessons from S V Jordan in Strengthening Women’s Participation in Litigation

2017 ◽  
Vol 30 (2) ◽  
pp. 505-518
Author(s):  
Amanda Spies
Keyword(s):  
Gender Equality ◽  
South African ◽  
Sex Work ◽  
Constitutional Court ◽  
Amicus Curiae ◽  
The South ◽  
Women's Participation

In 2002 the South African Constitutional Court rejected the decriminalisation of sex work and for many years the judgment has constricted further debate on the topic. In 2013 organisations such as the Commission for Gender Equality have again publicly committed themselves toward lobbying for the decriminalisation of sex work. The renewed debate has necessitated a reconsideration of the Court’s decision in S v Jordan and this article focuses on the organisations that participated as amicus curiae in the matter. The discussion highlights the importance of organisational participation in litigation and how this participation could provide the context in which to consider future debates on the topic. 

scholarly journals Feminist Pedagogy and the South African Curriculum: The case of Women and Food Security

2020 ◽  
Vol 3 (1) ◽  
pp. 1-14
Author(s):  
Teresa Dirsuweit
Keyword(s):  
Food Security ◽  
Gender Equality ◽  
South African ◽  
Food Studies ◽  
Feminist Pedagogy ◽  
Policy Statement ◽  
The South ◽  
Shock Absorbers ◽  
Working Class Women ◽  
Positive Representations

There is a food security crisis in South Africa and black working-class women are the shock absorbers of this crisis. It follows that where food studies are included in the South African curriculum, the relationship between women and food security should be understood and critiqued by learners. Improvements in gender equality have also been identified as one of the primary drivers of improvements in food security. In this paper, the South African curriculum is analysed in terms of food studies, gender studies and the promotion of gender equality. Using the lens of feminist pedagogy, a set of qualitative indicators were developed to assess the content and praxis of the curriculum. While there is content which deals with gender and with food, these are presented separately. In the Geography and Agriculture curricula, there is a marked lack of focus on gender concerns. This article concludes that the curriculum could be reoriented to include an awareness and critique of the nexus of women and food and that more positive representations of women as active and powerful agents are needed in the South African Curriculum Assessment Policy Statement (CAPS).

scholarly journals THE RIGHT TO MOTHER-TONGUE EDUCATION: PRACTICABLE OR NOT?

Obiter ◽  
2021 ◽  
Vol 34 (2) ◽  
Author(s):  
Chrizell Chürr
Keyword(s):  
South African ◽  
Basic Education ◽  
Mother Tongue ◽  
Cumulative Effect ◽  
The South ◽  
National Education ◽  
Mother Tongue Education ◽  
South African Constitution ◽  
The Right ◽  
South African Schools Act

Mother-tongue and mother-tongue education are recognized worldwide as one of the most efficient ways to function cognitively and socially. This article addresses the role of proper mother-tongue education with an emphasis on the importance of “language” since language is vital to a child’s right to a basic education in all its dimensions. Without mother-tongue education, every child’s right to learn and to become a skilful adult, able to participate independently in society, is at risk. The cumulative effect of the South African Constitution, the National Education Policy Act, the South African Schools Act, several international instruments and a number of ground-breaking cases, as well as the interaction between them on mother-tongue education will be examined. The implementation of certain education models will also be proposed.

scholarly journals The Law and Practice of Criminal Asset Forfeiture in South African Criminal Procedure: A Constitutional Dilemma

2017 ◽  
Vol 17 (3) ◽  
pp. 1069
Author(s):  
Vinesh Basdeo
Keyword(s):  
Human Rights ◽  
South African ◽  
Justice System ◽  
Organised Crime ◽  
Primary Objective ◽  
The South ◽  
European Court ◽  
Proceeds Of Crime ◽  
Asset Forfeiture ◽  
South African Constitution

The deprivation of the proceeds of crime has been a feature of criminal law for many years. The original rationale for the confiscation of criminal assets at international level was the fight against organised crime, a feature of society described by the European Court of Human Rights as a "scourge" so that the draconian powers which are a feature of confiscation regimes around the world have been approved in circumstances which otherwise might have caused governments considerable difficulties before the international human rights tribunals.[1] The primary objective of this article is to determine if the asset forfeiture measures employed in the South African criminal justice system are in need of any reform and/or augmentation in accordance with the "spirit, purport and object" of the South African Constitution.[2] This article attempts to answer three questions. Firstly, why is criminal asset forfeiture important to law enforcement? Secondly, in which circumstances can property be forfeited and what types of property are subject to forfeiture? Thirdly, how is forfeiture accomplished, and what are its constitutional ramifications? 

Evolution of South Africa's Racist Constitutions and the 1983 Constitution

1987 ◽  
Vol 16 (1) ◽  
pp. 18-23
Author(s):  
Xia Jisheng
Keyword(s):  
South Africa ◽  
South African ◽  
State Law ◽  
The South ◽  
Constitutional Development ◽  
The Third ◽  
Fundamental State ◽  
History Of ◽  
South African Constitution

Since the enforcement of 1983 constitution, several years have passed. The 1983 constitution is the third constitution since the founding of the Union of South Africa in 1910. By observing the history of the constitutional development in more than seventy years in South Africa and the content of the current South African constitution, it is not difficult to find out that the constitution, as a fundamental state law, is an important weapon of racism. South Africa's white regime consistandy upholds and consolidates its racist rule by adopting and implementing constitutions. The aim of this article is to analyze and expose the essence of the South African racist system in mis aspect.

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