South African Human Rights Commission Vacancies Nominee
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Searchlight South Africa: a Marxist Journal of Southern African Studies Vol
Searchlight South Africa: a marxist journal of Southern African studies Vol. 2, No. 7 http://www.aluka.org/action/showMetadata?doi=10.5555/AL.SFF.DOCUMENT.PSAPRCA0009 Use of the Aluka digital library is subject to Aluka’s Terms and Conditions, available at http://www.aluka.org/page/about/termsConditions.jsp. By using Aluka, you agree that you have read and will abide by the Terms and Conditions. Among other things, the Terms and Conditions provide that the content in the Aluka digital library is only for personal, non-commercial use by authorized users of Aluka in connection with research, scholarship, and education. The content in the Aluka digital library is subject to copyright, with the exception of certain governmental works and very old materials that may be in the public domain under applicable law. Permission must be sought from Aluka and/or the applicable copyright holder in connection with any duplication or distribution of these materials where required by applicable law. Aluka is a not-for-profit initiative dedicated to creating and preserving a digital archive of materials about and from the developing world. For more information about Aluka, please see http://www.aluka.org Searchlight South Africa: a marxist journal of Southern African studies Vol. 2, No. 7 Alternative title Searchlight South Africa Author/Creator Hirson, Baruch; Trewhela, Paul; Ticktin, Hillel; MacLellan, Brian Date 1991-07 Resource type Journals (Periodicals) Language English Subject Coverage (spatial) Ethiopia, Iraq, Namibia, South Africa Coverage (temporal) -
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. -
A Strategic Evaluation of Public Interest Litigation in South Africa 4
A sstrategictrategic eevaluationvaluation ooff ppublicublic iinterestnterest llitigationitigation iinn SSouthouth AAfricafrica A sstrategictrategic eevaluationvaluation ooff ppublicublic iinterestnterest llitigationitigation iinn SSouthouth AAfricafrica By Gilbert Marcus and Steven Budlender Published by The Atlantic Philanthropies June 2008 Table of Contents INTRODUCTION 4 CHANGING TRENDS IN THE SOUTH AFRICAN PUBLIC INTEREST LITIGATION ENVIRONMENT 8 The period prior to 1994 8 The period between 1994 and 2000 9 The period after 2000 and the challenges of the current environment 12 THREE CASE STUDIES OF PUBLIC INTEREST LITIGATION 26 The National Coalition for Gay and Lesbian Equality case on the criminalisation of sodomy and subsequent litigation concerning gay and lesbian rights 28 The Grootboom case on the right to housing 43 The Treatment Action Campaign case on the prevention of mother-to-child transmission of HIV/AIDS 69 FOUR KEY STRATEGIES FOR SOCIAL CHANGE 94 Strategy 1 – Public information 94 Strategy 2 – Advice and assistance 99 Strategy 3 – Social mobilisation and advocacy 104 Strategy 4 – Litigation 114 SEVEN FACTORS ESSENTIAL TO ENSURING THAT PUBLIC INTEREST LITIGATION SUCCEEDS AND ACHIEVES MAXIMUM SOCIAL CHANGE 119 Factor 1 – Proper organisations of clients 119 Factor 2 – Overall long-term strategy 128 Factor 3 – Co-ordination and information sharing 130 Factor 4 – timing 133 Factor 5 – Research 137 Factor 6 – Characterisation 137 Factor 7 – Follow-up 138 SUMMARY OF FINDINGS 149 Introduction 1. We were asked by The Atlantic Philanthropies to conduct an evaluation of public interest litigation in South Africa to determine, primarily, which combination of strategies has been most effective in advancing social change, and the relationship of litigation to other aspects of social mobilisation. -
EPISCOPAL CHURCHPEOPLE for Afree SOUTHERN AFRICA
---- --- - ---- -~--_"---._~----_':""-'~-~--""-1 E EPISCOPAL CHURCHPEOPLE for a FREE SOUTHERN AFRICA C 339 Lafayette Street S New York, N.Y. 10012 A Phone: (212) 477-0066 jJ.JO 6 January 1988 PEOPLE'S EDUCATION VS PRETORIA 'PeopZe's Education is fundamentaZZy different from the '~Zternative education" programs that shun the reaUty of the confl,ict in South Afri ca, and, in some cases, have a hidden agenda of the aepo~iticisation of education and the creation of an apoUticaZ bZack middZe cZass. In reality" of course, these hidden agendas and int~ntions have a bZatant poZiticaZ pur pose: the defenc~ of the present situation. PeopZe's Education, by contras--t, becomes an integraZ part of the struggZe for a non-rac iaZ, democratic South Africa. ' - Eric Molobi, November 1986 The National Education Crisis Ccmnittee came into being at a conference at the University of the Witwatersrand in Jo hannesburg in December 1985. Teachers, students. parents, academics and activists from across the country were intent on bringing order out of the chaos Pretorian apartheid had wrought upon education for black South Africans. They en visioned a system of learning cleansed from top to bottom of bantu education. The theme of the conference: 'People t s Education for People's Power' . :>etoria I s response - as it has been to all opposition..: political, church, trade union, student, corrnnunity o:cganization - has been savage. Its bantu education is the most fundamental kind of control mechanics for the perpetuation of apartheid and minority exploitation. Ideas, translat ed into act~on~ are more dangerous than bullets. -
South Africa
National Plans of Action for the Promotion and Protection of Human Rights - South Africa CONTENTS Acknowledgments Introduction Background A Brief South African Human Rights History The Vienna Declaration and Programme of Action - 1993 Developing South Africa's National Action Plan (NAP) The Concept of the NAP How the NAP was Developed Measures to Strengthen The Protection of Human Rights The National Action Plan (NAP) Incorporating International and Regional Human Rights Instruments into Our Law How the NAP is Set Out The Rights: Civil and Political Rights Equality Life Freedom and Security of the Person Privacy Labour Rights Political Rights Access to Justice Just Administrative Action Citizenship Aliens Refugees Freedom of Expression Rights of Arrested, Detained, Convicted or Accused Economic, Social and Cultural Rights Employment Housing and Shelter Health Food Water Land Social Security Education Freedom of Culture, Religion and Language Rights of Children and Young People The Rights to Development, Self-Determination, Peace and a Protected Environment The Right to Develoopment Environment The Way Forward Implementation Monitoring Acknowledgments The government of the Republic of South Africa gratefully acknowledges the assistance of: • The Government of Finland for funding the production and printing of the NAP document and a public awareness campaign on the NAP • The Office of the High Commissioner for Human Rights for providing resources for the NAP co-ordinator and assistant co-ordinator • USAID for funding the consultative process -
University of Groningen African Renaissance and Ubuntu
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by University of Groningen University of Groningen African Renaissance and Ubuntu Hensbroek, Pieter Boele van IMPORTANT NOTE: You are advised to consult the publisher's version (publisher's PDF) if you wish to cite from it. Please check the document version below. Document Version Publisher's PDF, also known as Version of record Publication date: 2002 Link to publication in University of Groningen/UMCG research database Citation for published version (APA): Hensbroek, P. B. V. (2002). African Renaissance and Ubuntu. s.n. Copyright Other than for strictly personal use, it is not permitted to download or to forward/distribute the text or part of it without the consent of the author(s) and/or copyright holder(s), unless the work is under an open content license (like Creative Commons). Take-down policy If you believe that this document breaches copyright please contact us providing details, and we will remove access to the work immediately and investigate your claim. Downloaded from the University of Groningen/UMCG research database (Pure): http://www.rug.nl/research/portal. For technical reasons the number of authors shown on this cover page is limited to 10 maximum. Download date: 12-11-2019 &217(176 Introduction 3 Thabo Mbeki 9 ,$P$Q$IULFDQ Dirk J. Louw 15 8EXQWXDQGWKH&KDOOHQJHVRI0XOWLFXOWXUDOLVPLQ 3RVW$SDUWKHLG6RXWK$IULFD Priscilla Jana 37 $IULFDQ5HQDLVVDQFHDQGWKH0LOOHQQLXP$FWLRQ3ODQ Ineke van Kessel 43 ,Q6HDUFKRIDQ$IULFDQ5HQDLVVDQFH $QDJHQGDIRUPRGHUQLVDWLRQQHRWUDGLWLRQDOLVP -
MOTHER of the NATION: Saint and Sinner
MOTHER OF THE NATION: Saint and Sinner By Isaac Otidi Amuke ‘‘They set up my father as the saint and set up my mother as the sinner,’’ Zindzi Mandela is quoted saying about her famous parents in Pascale Lamche’s film Winnie. Of all front-row ANC freedom fighters – men and women – Winnie Madikizela-Mandela was singled out as the only leader to appear before South Africa’s Truth and Reconciliation Commission (TRC) in her personal capacity, where she was implored by Desmond Tutu o apologise to the country for whatever might have gone wrong under her watch. Tutu had argued then that her confession would be good for the country. The ANC employed the use of violence during the anti-apartheid struggle, including deploying bombs in strategic government installations, some of which exploded and killed the wrong targets. It was widely held – and as stated by ANC stalwart Ahmed Kathrada during a BBC HardTalk interview – that some bombings were carried out by unruly ANC cadres. These crimes were pegged not on individuals but on the ANC, which sent senior representatives to the TRC to either explain and defend its position or to apologise. The same collective leniency of being represented by the ANC was not extended to Madikizela-Mandela. The liberation sins attributed to her and those around her were placed squarely at her feet, prominent among them being the 1989 killing of 14-year-old Moeketsi “Stompie” Seipei, who was suspected of being a police informer. ‘‘The one person who kept the fire burning when everyone was petrified,’’ Madikizela-Mandela said of her essential if lonely and thankless role in the anti-apartheid struggle in Lamche’s film, a moment in which moment her eyes got watery. -
Native Foreigners’
From ‘Foreign Natives’ to ‘Native Foreigners’ Contents, Neocosmos2.pmd 1 29/04/2010, 17:26 Contents, Neocosmos2.pmd 2 29/04/2010, 17:26 From ‘Foreign Natives’ to ‘Native Foreigners’ Explaining Xenophobia in Post-apartheid South Africa Citizenship and Nationalism, Identity and Politics Michael Neocosmos Council for the Development of Social Science Research in Africa Contents, Neocosmos2.pmd 3 29/04/2010, 17:26 First published under the CODESRIA Monograph Series, 2006 © CODESRIA 2010 Council for the Development of Social Science Research in Africa, Avenue Cheikh Anta Diop, Angle Canal IV BP 3304 Dakar, 18524, Senegal Website: www.codesria.org All rights reserved. No part of this publication may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopy, recording or any information storage or retrieval system without prior permission from CODESRIA. ISBN: 978-2-86978-307-2 Layout: Hadijatou Sy Cover Design: Ibrahima Fofana Printed by: Graphi plus, Dakar, Senegal Distributed in Africa by CODESRIA Distributed elsewhere by the African Books Collective, Oxford, UK. Website: www.africanbookscollective.com The Council for the Development of Social Science Research in Africa (CODESRIA) is an independent organisation whose principal objectives are to facilitate research, promote research-based publishing and create multiple forums geared towards the exchange of views and information among African researchers. All these are aimed at reducing the fragmentation of research in the continent through the creation of thematic research networks that cut across linguistic and regional boundaries. CODESRIA publishes a quarterly journal, Africa Development, the longest standing Africabased social science journal; Afrika Zamani, a journal of history; the African Sociological Review; the African Journal of International Affairs; Africa Review of Books and the Journal of Higher Education in Africa. -
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). -
Pius Langa Constitutional Court Oral History Project Interview 1: 1St December 2011 Interview 2: 17Th January 2012 Interview 3: 3Rd February 2012
Pius Langa Constitutional Court Oral History Project Interview 1: 1st December 2011 Interview 2: 17th January 2012 Interview 3: 3rd February 2012 (All three interviews were substantively and substantially edited by the interviewee) Interview 1: Int This is an interview with Chief Justice Pius Langa and it’s the 1st of December 2011. Pius, thank you so much for agreeing to participate in the Constitutional Court Oral History Project, we really appreciate you taking the time. PL Thank you, it’s a pleasure. Int Thank you. Pius, I wondered if we could start by talking about early childhood memories and how you think certain events in your life may have configured to actually prepare you for life as an advocate and as a judge, eventually? PL Well, I was born in Bushbuckridge, a small town in the part of the country that was known then, as Eastern Transvaal. The town is now located in Limpopo. My parents were there temporarily as my father was a pastor, having originated, together with my mother, at iNgwavuma in (KwaZulu) Natal. I have no recollection of the place of my birth because we left Bushbuckridge while I was a baby, travelled up north; my father was busy establishing other missions in places like Messina, Louis Trichardt briefly, Potgietersrust, and Pietersburg. The latter town is now known as Polokwane. I became conscious of things slightly in Messina, as a growing baby. I remember Potgietersrust. We occupied a mission house on the premises of my father’s church. The building was also used as a school, but I was too young to be a learner then. -
1 Gilbert Marcus Constitutional Court Oral History Project 20Th December
Gilbert Marcus Constitutional Court Oral History Project 20th December 2011 Int This is an interview with Advocate Gilbert Marcus and it’s the 20th of December 2011. Gilbert, thank you so much for agreeing to participate in the Constitutional Court Oral History Project, we really appreciate it. GM It’s a pleasure. Int I’ve had the pleasure of interviewing you before for the Legal Resources Centre Project and during that interview we didn’t really get an extensive biography, and I wondered whether we could actually start at the very beginning today and talk a bit about your background in terms of what it was like growing up in South Africa during apartheid, and where your social and political conscientisation arose? GM Well, I’m born and bred in South Africa. I’ve lived here all my life apart from one year when I studied in England. But I came from a political family, for want of a better description. Political in this sense: my mother was a refugee from the Nazis. In 1939 she fled from Czechoslovakia to escape Nazi persecution. Her immediate family were lucky enough to escape but many of her family were killed in the concentration camps. And my father was a World War Two veteran; he spent six years in the South African army, but also fighting Germany and the Nazi regime. So with both parents coming from backgrounds like that, I had an upbringing, which was at least acutely conscious of human rights issues, and I think that that certainly had a fairly profound influence on my life and my thinking. -
O Diálogo Entre a Liberdade Religiosa E O Direito À Diversidade Na Jurisprudência Da Corte Constitucional Da África Do Sul*
HIDEMBERG ALVES DA FROTA LIBERDADE RELIGIOSA E DIREITO À DIVERSIDADE O DIÁLOGO ENTRE A LIBERDADE RELIGIOSA E O DIREITO À DIVERSIDADE NA JURISPRUDÊNCIA DA CORTE CONSTITUCIONAL DA ÁFRICA DO SUL* HIDEMBERG ALVES DA FROTA** SUMARIO INTRODUÇÃO.—I. BALIZAS DO DIREITO CONSTITUCIONAL POSITIVO E PRETORIANO SUL-AFRICANO.—II. CASOS CCT 38/96 (S V LAWRENCE), CCT 39/96 (S V NEGAL) E CCT 40/96 (S V SOLBERG).—III. CASO CCT 4/00 (CHRISTIAN EDUCATION SOUTH AFRICA V MINISTER OF EDUCATION).—IV. CASO CCT 36/00 (PRINCE V LAW SOCIETY OF THE CAPE OF GOOD HOPE).— V. CASO CCT 40/03 (JULEIGA DANIELS V ROBIN GRIEVE CAMPBELL N.O. AND OTHERS).—VI. CASOS CCT 60/04 E CCT 10/05 (MINISTER OF HOME AFFAIRS AND ANOTHER V FOURIE AND ANOTHER).—VII. CASO CCT 51/06 (MEC FOR EDUCATION: KWAZULU-NATAL AND OTHERS V PILLAY).—VIII. CASO CCT 83/08 (HASSAM V JACOBS N.O. AND OTHERS).—IX. CON- CLUSÃO.—X. REFERÊNCIAS. RESUMEN Este artigo analisa os principais precedentes da Corte Constitucional da África do Sul concernentes ao diálogo entre a liberdade religiosa e ao direito à diversidade. Enfoca-se a fundamentação constitucional dos respectivos acórdãos. Almeja-se propi- ciar aos juristas de língua portuguesa subsídios para a análise doutrinal e o aperfeiço- amento jurisprudencial de controvérsias congêneres. Palavras-chaves: jurisprudência da Corte Constitucional da África do Sul; liber- dade religiosa; direito à diversidade. * À Melina Alves da Frota. Mais do que minha irmã biológica, uma filha espiritual. Ao nascer, divisor de águas em minha vida. Trouxe ao meu cotidiano colorido novo, a gratificação existencial precoce da paternidade.