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Constitutional Authority and Its Limitations: the Politics of Sexuality in South Africa
South Africa Constitutional Authority and its Limitations: The Politics of Sexuality in South Africa Belinda Beresford Helen Schneider Robert Sember Vagner Almeida “While the newly enfranchised have much to gain by supporting their government, they also have much to lose.” Adebe Zegeye (2001) A history of the future: Constitutional rights South Africa’s Constitutional Court is housed in an architecturally innovative complex on Constitution Hill, a 100-acre site in central Johannesburg. The site is adjacent to Hillbrow, a neighborhood of high-rise apartment buildings into which are crowded thousands of mi- grants from across the country and the continent. This is one of the country’s most densely populated, cosmopolitan and severely blighted urban areas. From its position atop Constitu- tion Hill, the Court offers views of Hillbrow’s high-rises and the distant northern suburbs where the established white elite and increasing numbers of newly affluent non-white South Africans live. Thus, while the light-filled, colorful and contemporary Constitutional Court buildings reflect the progressive and optimistic vision of post-apartheid South Africa the lo- cation is a reminder of the deeply entrenched inequalities that continue to define the rights of the majority of people in the country and the continent. CONSTITUTIONAL AUTHORITY AND ITS LIMITATIONS: THE POLITICS OF SEXUALITY IN SOUTH AFRICA 197 From the late 1800s to 1983 Constitution Hill was the location of Johannesburg’s central prison, the remains of which now lie in the shadow of the new court buildings. Former prison buildings include a fort built by the Boers (descendents of Dutch settlers) in the late 1800s to defend themselves against the thousands of men and women who arrived following the discovery of the area’s expansive gold deposits. -
Rhodes Scholar Magazine? SCHOLAR Please Get in Contact with the 21St Century Leadership Editor; She Will Be Delighted to Hear from You
Ode to the fallen Rhodes Scholars in the First World War Me to We Two Scholars on the scope of social enterprises Olympic participation 21st century leadership The highs and lows 4 Rhodes News 6 Then and Now First year experiences from 1964 and today 8 Rhodes Scholars in research Dr Pardis Sabeti on computational genetics and rock music 10 A year ago in England, ere the storm Marking the centenary of the start of the First World War, we remember the Rhodes Scholars who were lost 6 12 The Oxford Fairy Tale 1964 versus 2014 A current Scholar looks at the magic which underpins the city The difference fifty years makes 14 Oxford News 16 Me to We Two Rhodes Scholars on innovation within social enterprises 18 Life at the Olympics What is it really like to ski at the Olympics? 20 Where are they now? A map illustrating where Rhodes Scholars now live across the globe 16 22 Second Century Campaign innovative social enterprise Fundraising progress and a look at the new Rhodes Scholar Network How to provide people with better choices 24 Oxford through the lens Images from Soufia Siddiqi, winner of Oxford’s graduate photographic competition 26 Rhodes Alumni Bulletin 34 Class Notes 46 An hour with... Lady Williams Rhodes House reminiscences 12 47 Upcoming Rhodes events magical Oxford A unique city, full of the unexpected Contents 2 Editorial information The Rhodes Magazine is published annually in print format by the Rhodes Trust in Oxford and supplemented each year by two electronic updates. Editor: Babette Tegldal, Communications Manager Tel: +44 (0)1865 274787 Email: [email protected] Design: Jamjar Creative Cover illustration: Andrew Smith Back cover: Rhodes Alumni events around the world Photo credits: Lee Atherton for Rhodes House photos, others supplied by Scholars or with credits as specified with images. -
Appointments to South Africa's Constitutional Court Since 1994
Durham Research Online Deposited in DRO: 15 July 2015 Version of attached le: Accepted Version Peer-review status of attached le: Peer-reviewed Citation for published item: Johnson, Rachel E. (2014) 'Women as a sign of the new? Appointments to the South Africa's Constitutional Court since 1994.', Politics gender., 10 (4). pp. 595-621. Further information on publisher's website: http://dx.doi.org/10.1017/S1743923X14000439 Publisher's copyright statement: c Copyright The Women and Politics Research Section of the American 2014. This paper has been published in a revised form, subsequent to editorial input by Cambridge University Press in 'Politics gender' (10: 4 (2014) 595-621) http://journals.cambridge.org/action/displayJournal?jid=PAG Additional information: Use policy The full-text may be used and/or reproduced, and given to third parties in any format or medium, without prior permission or charge, for personal research or study, educational, or not-for-prot purposes provided that: • a full bibliographic reference is made to the original source • a link is made to the metadata record in DRO • the full-text is not changed in any way The full-text must not be sold in any format or medium without the formal permission of the copyright holders. Please consult the full DRO policy for further details. Durham University Library, Stockton Road, Durham DH1 3LY, United Kingdom Tel : +44 (0)191 334 3042 | Fax : +44 (0)191 334 2971 https://dro.dur.ac.uk Rachel E. Johnson, Politics & Gender, Vol. 10, Issue 4 (2014), pp 595-621. Women as a Sign of the New? Appointments to South Africa’s Constitutional Court since 1994. -
The Constitutional Jurisprudence of Laurie Ackermann CATHERINE O’REGAN* Constitutional Court of South Africa
From Form to Substance: The Constitutional Jurisprudence of Laurie Ackermann CATHERINE O’REGAN* Constitutional Court of South Africa I INTRODUCTION There is one phrase that I think best captures Laurie Ackermann’s temperament as a judge. It comes from that great judge Learned Hand’s speech in Central Park in May 1944. There, Learned Hand spoke movingly of the Spirit of Liberty. ‘Liberty’, he said, is not the ruthless, the unbridled will; it is not freedom to do as one likes . What then is the spirit of liberty? I cannot define it; I can only tell you my own faith. The spirit of liberty is the spirit which is not too sure that it is right; the spirit of liberty is the spirit which seeks to understand the mind of other men and women; the spirit of liberty is the spirit which weighs their interests alongside its own without bias . .1 There are some judges who have a deep-seated and unshakeable faith in their own sense of justice. Disagreement with their colleagues does not deter or bother them. Their sense of justice is like a shining light which guides them in their response to disputes and their judgment-writing. Other judges labour under the burden of dissent; that anxious sense that when they differ from their colleagues, they may well be wrong; that worrying remembrance of occasions in the past when even the greatest judges have erred materially, which reminds them that they too may err and so fail in their obligation to administer justice to all. Laurie Ackermann was such a judge. -
1 Frank Michelman Constitutional Court Oral History Project 28Th
Frank Michelman Constitutional Court Oral History Project 28th February 2013 Int This is an interview with Professor Frank Michelman, and it’s the 28th of February 2013. Frank, thank you so much for agreeing to participate in the Constitutional Court Oral History Project, we really appreciate your time. FM I’m very much honoured by your inviting me to participate and I’m happy to do so. Int Thank you. I’ve not had the opportunity to interview you before, and I wondered whether you could talk about early childhood memories, and some of the formative experiences that may have led you down a legal and academic professional trajectory? FM Well, that’s going to be difficult, because…because I didn’t have any notion at all prior to my senior year in college, the year before I entered law school, that I would be going to law school. I hadn’t formed, that I can recall, any plan, hope, ambition, in that direction at all. To the extent that I had any distinct career notion in mind during the years before I wound up going to law school? It would have been an academic career, possibly in the field of history, in which I was moderately interested and which was my concentration in college. I had formed a more or less definite idea of applying to graduate programs in history, and turning myself into a history professor. Probably United States history. United States history, or maybe something along the line of what’s now called the field of ideas, which I was calling intellectual history in those days. -
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Zanele Majola Constitutional Court Oral History Project 24th January 2012 Int This is an interview with Zanele Majola, and it’s the 24th of January 2012. Zanele, thank you so much for agreeing to participate in the Constitutional Court Oral History Project, we really appreciate it. ZM It’s a pleasure. I’m happy to be here. Int Zanele, I wondered if we could talk about early childhood, where you were born, a bit about family background, and what are some of your experiences of growing up in South Africa when you did? ZM Alright. I was born in Durban and grew up in a township called KwaMakhutha. I was the last child of four siblings and I grew up with my mom, who is divorced, and we were sort of protected from stuff that was happening at the time. I was born in 1979. I remember very little actually about, for example what the Constitutional Court now represents, about apartheid, because you were basically growing up, going to school, back home, and my mother wasn’t very much of a political attuned person. I think it was only later on when we were witnessing toyi-toying in the late eighties, and houses being petrol bombed, that you started being aware of what was happening. I don’t know how much of it you want to know but it was only when I was in my early teens that I started becoming aware of things. I was fortunate…I don’t know whether fortunate is the right word: My elder sister went to school with Griffiths and Victoria Mxenge’s son, so when Victoria was killed we knew and we knew why it had happened. -
House of Commons Official Report Parliamentary
Thursday Volume 664 26 September 2019 No. 343 HOUSE OF COMMONS OFFICIAL REPORT PARLIAMENTARY DEBATES (HANSARD) Thursday 26 September 2019 © Parliamentary Copyright House of Commons 2019 This publication may be reproduced under the terms of the Open Parliament licence, which is published at www.parliament.uk/site-information/copyright/. 843 26 SEPTEMBER 2019 Speaker’s Statement 844 there will be an urgent question later today on the House of Commons matter to which I have just referred, and that will be an opportunity for colleagues to say what they think. This is something of concern across the House. It is Thursday 26 September 2019 not a party political matter and, certainly as far as I am concerned, it should not be in any way, at any time, to any degree a matter for partisan point scoring. It is The House met at half-past Nine o’clock about something bigger than an individual, an individual party or an individual political or ideological viewpoint. Let us treat of it on that basis. In the meantime, may I just ask colleagues—that is all I am doing and all I can PRAYERS do as your representative in the Chair—please to lower the decibel level and to try to treat each other as opponents, not as enemies? [MR SPEAKER in the Chair] Sir Peter Bottomley (Worthing West) (Con): On a point of order, Mr Speaker. Speaker’s Statement Mr Speaker: Order. I genuinely am not convinced, but I will take one point of order if the hon. Gentleman Mr Speaker: Before we get under way with today’s insists. -
'Asian Nobel' Prizes 18 September 2014
Anti-apartheid hero, ex-Norway PM awarded 'Asian Nobel' prizes 18 September 2014 South African anti-apartheid hero Albie Sachs and Taiwan, were immunologists James P. Allison of the former Norwegian prime minister Gro Harlem MD Anderson Cancer Center at the University of Brundtland, hailed as the "godmother" of Texas, and Tasuku Honjo of Kyoto University for sustainable development, were among five people their contributions in the fight against cancer. Thursday presented with the first Tang Prize, touted as Asia's version of the Nobels. The other recipient was Chinese American historian and Sinologist Yu Ying-shih, the winner in the Taiwan President Ma Ying-jeou presented the Sinology category. awards, which honour outstanding contributions to the environment, human rights, medicine and Each winner received Tw$50 million ($1.7 million), Sinology. with Tw$40 million in cash and the remainder in a grant—a richer purse than the eight million Swedish Brundtland, recognised for her life-long dedication kronor ($1.2 million) that comes with a Nobel Prize. to protection of the environment, called for urgent action to address environmental and climate Named after China's Tang Dynasty (AD 618-907), change over the last quarter of a century. the prize was founded in 2012 with a donation of Tw$3 billion. "We're not far sighted enough to do what is needed" on climate change, she warned, Yin has said he will donate 95 percent of his wealth addressing the guests invited to the presentation to charity during his lifetime. His net assets are ceremony in Taipei. estimated by Forbes magazine at $4.5 billion. -
Tour Operators Prospectus 2018
TOUR OPERATORS PROSPECTUS 2018 BACKGROUND INFORMATION Nowhere can the story of South Africa's turbulent past and its extraordinary transition to democracy be told as it is at Constitution Hill. In 1995, the historic decision was taken to locate the Constitutional Court of South Africa in Johannesburg’s oldest prison site in the inner city of Johannesburg. The four separate prisons on the site are over 100 years old. They were places of horrific degradation and torture which imprisoned political prisoners but mainly thousands of ordinary black South Africans whose only crime was disobeying one of the many discriminatory laws of the day. Constitution Hill is now a national heritage site. Once a place of injustice and brutality, the site has been transformed into a place of solidarity and democracy. Home to the Women’s Gaol museum, Number Four Museum, and Old Fort Museum, Constitution Hill is open to the public for guided tours and offers informative and gripping exhibitions. The stark juxtaposition of the abuses of the past (as symbolized by the prison buildings) with the hope and enlightenment of the future (as symbolized by the Constitutional Court) lay at the heart of the Judges’ choice of this site as the permanent home of the Constitutional Court. As a result, Constitution Hill is uniquely positioned as a place where both the difficulties of the past and the possibilities of the future can be experienced. Constitution Hill launched a new website in 2016 www.conhill.org.za A self guiding APP will be launched in February 2017. TRIPADVISOR In 2016 Constitution Hill was awarded a Trip Advisor Certificate of Excellence as well as a Travellers Choice Award #3 of 167 things to do in Johannesburg #1 of 30 Sights & Landmarks in Johannesburg #6 Top 10 Landmarks — South Africa STO RATES Over the years, there has been an increase demand from tour operators to visit Constitution Hill on packaged tours. -
Maine Law Magazine Law School Publications
University of Maine School of Law University of Maine School of Law Digital Commons Maine Law Magazine Law School Publications Fall 2014 Maine Law Magazine - Issue No. 90 University of Maine School of Law Follow this and additional works at: https://digitalcommons.mainelaw.maine.edu/maine-law-magazine Part of the Law Commons This Book is brought to you for free and open access by the Law School Publications at University of Maine School of Law Digital Commons. It has been accepted for inclusion in Maine Law Magazine by an authorized administrator of University of Maine School of Law Digital Commons. For more information, please contact [email protected]. Maine Law Magazine Parents in Law The art of balancing studies & children Inside Capitol Connection Maine Law’s D.C. links run deep Clinical Practice One student’s story THE UNIVERSITY OF MAINE SCHOOL OF LAW / FALL 2014 OPENING ARGUMENTS John Veroneau Partner, Covington & Burling LLP John Veroneau, a 1989 graduate of Maine Law, is co-chair of the International Trade and Finance group at Covington & Burling in Washington D.C. He served as Deputy U.S. Trade Representative (2007-2009) and previously as USTR’s general counsel, as Assistant Secretary of Defense in the Clinton Administration, as Chief of Staff to Senator Susan Collins, and as Legislative Director, respectively, for Senators Bill Cohen and Bill Frist. What lessons do you recall best from your law What have you found most satisfying about your school education? wide-ranging career? I long ago forgot the Rule against Perpetuities Probably the variety of experiences and the people but will forever remember Mel Zarr’s brilliant I’ve worked with. -
Chapter 1 Making the Road.Fm
INTRODUCTION HAPTER C 1 Michael Cosser, Narnia Bohler-Muller & Gary Pienaar 1Introduction 1.1 Making the road by walking The Constitution of the Republic of South Africa, the final draft of which was forged over a two-year period between 1994 and 1996, assumed a particular profile in the body politic in 2016. Following the release of the Public Protector’s 2014 report on improvements to President Zuma’s Nkandla residence,1 the Constitutional Court in March 2016 declared binding her findings and recommendations about the need for the President to repay public monies spent on non-security upgrades to his residence.2 Such high-profile cases, however, can distract us from the importance of the Constitution in shaping the lives of ordinary people. In catapulting the Constitution into the limelight, the ‘Nkandla judgement’, as it is known colloquially, has created renewed interest in what meaning the Constitution has for South Africans in 2018 and beyond. The initial impetus for this book came from a public address by former Chief Justice Sandile Ngcobo. Delivered on 30 June 2016 and entitled ‘Why does the Constitution matter?’, his address began with an almost throwaway comment: that he was ‘privileged enough … to participate in constructing our foundational jurisprudence on constitutional law.’3 Ngcobo went on to say that the process of building a constitutional 1 Public Protector South Africa ‘Secure in comfort’ http://www.pprotect.org/library/ investigation_report/2013-14/Final Report 19 March 2014 pdf (accessed 23 May 2017). 2 Economic Freedom Fighters v Speaker of the National Assembly and Others 2016 (3) SA 580 (CC). -
Seat Intro.Fm
Is This Seat Taken? Conversations at the Bar, the Bench and the Academy about the South African Constitution Stu Woolman & David Bilchitz (eds) 2012 Is this Seat Taken? Conversations at the Bar, the Bench and the Academy about the South African Constitution Published by: Pretoria University Law Press (PULP) The Pretoria University Law Press (PULP) is a publisher at the Faculty of Law, University of Pretoria, South Africa. PULP endeavours to publish and make available innovative, high-quality scholarly texts on law in Africa. PULP also publishes a series of collections of legal documents related to public law in Africa, as well as text books from African countries other than South Africa. This book was peer reviewed prior to publication. For more information on PULP, see www.pulp.up.ac.za Printed and bound by: ABC Press Cape Town To order, contact: PULP Faculty of Law University of Pretoria South Africa 0002 Tel: +27 12 420 4948 Fax: +27 12 362 5125 [email protected] www.pulp.up.ac.za Cover: Yolanda Booyzen, Centre for Human Rights ISBN: 978-0-920538-07-1 © 2012 TABLE OF CONTENTS PREFACE vii Rationality is dead! Long live rationality! Saving 1 1 rational basis review Michael Bishop The content and justification of rationality 37 2 review Alistair Price Taking diversity seriously: Religious associations and 75 3 work-related discrimination Patrick Lenta On the fragility of associational life: 111 4 A constitutive liberal’s response to Patrick Lenta Stu Woolman Migration, street democracy and expatriate voting 141 5 rights Wessel le Roux Constitutional