[ 1988 ] Part 2 Chapter 1 Africa
Total Page:16
File Type:pdf, Size:1020Kb
Load more
Recommended publications
-
Of Trials, Reparation, and Transformation in Post-Apartheid South Africa: the Making of a Common Purpose
View metadata, citation and similar papers at core.ac.uk brought to you by CORE NYLS Law Review Vols. 22-63 (1976-2019) Volume 60 Issue 2 Twenty Years of South African Constitutionalism: Constitutional Rights, Article 6 Judicial Independence and the Transition to Democracy January 2016 Of Trials, Reparation, and Transformation in Post-Apartheid South Africa: The Making of A Common Purpose ANDREA DURBACH Professor of Law and Director of the Australian Human Rights Centre, Faculty of Law, University of New South Wales, Australia Follow this and additional works at: https://digitalcommons.nyls.edu/nyls_law_review Part of the Constitutional Law Commons Recommended Citation ANDREA DURBACH, Of Trials, Reparation, and Transformation in Post-Apartheid South Africa: The Making of A Common Purpose, 60 N.Y.L. SCH. L. REV. (2015-2016). This Article is brought to you for free and open access by DigitalCommons@NYLS. It has been accepted for inclusion in NYLS Law Review by an authorized editor of DigitalCommons@NYLS. NEW YORK LAW SCHOOL LAW REVIEW VOLUME 60 | 2015/16 VOLUME 60 | 2015/16 Andrea Durbach Of Trials, Reparation, and Transformation in Post-Apartheid South Africa: The Making of A Common Purpose 60 N.Y.L. Sch. L. Rev. 409 (2015–2016) ABOUT THE AUTHOR: Andrea Durbach is a Professor of Law and Director of the Australian Human Rights Centre, Faculty of Law, University of New South Wales, Australia. Born and educated in South Africa, she practiced as a political trial lawyer, representing victims and opponents of apartheid laws. In 1988 she was appointed solicitor to twenty-five black defendants in a notorious death penalty case in South Africa and later published an account of her experiences in Andrea Durbach, Upington: A Story of Trials and Reconciliation (1999) (for information on the other editions of this book see infra note 42), on which the documentary, A Common Purpose (Looking Glass Pictures 2011) is based. -
Inkululeko * Freedom Newsleher of the Michigan Anti-Apartheid Coordinating Council No.1
March -April aa Inkululeko * Freedom NewsleHer of the Michigan Anti-Apartheid Coordinating Council No.1 .~ =-===_~- i1 = r 4::a5"I'''' rra-.~ ~ ""'<:t==:=..__~ j Apartheid'Regime J ~ Launches Nevv Attacks! ~ Political Activities cJ I}_Civic ~ Ldx>r Groups Bamed .. On February 24th, the apartheid state This October all race groups will issued orders forbidding 17 anti-racist be able to vote in "their" res organizations "from carrying out or pective municipal elections. By performing any activity or acts obstructing political campaigns by whatsoever". Groups affected range the liberation_movement either with from the nation's largest anti in or in opposition to this round apartheid coalition, the multi-racial of elections the racist state hopes United Democratic Front (UDF) to the to foster an appearance of legiti smaller but influential Black Conscious macy and fake mass support for the ness Azanian Peoples Organization collaborators and the Botha reqimes' (AZAPO) and its National Forum Committee bogus reform stance. Messages' alliance. The Conqress of South African supporting the freedom movement can Trade Unions (COSATU) was ordered to be sent to: cease all its political activities COSATU and confine itself to narrow collective P.O. Box 1019 bargaining issues. Johannesburg 2000 South Africa Most press reports stressed the ru Telex: 486519 linq Nationalist Party took these steps to appear tough on "law and Weekly Mail order" for two whites I only by p.0. Box 260425 elections. These elections were Excom 2023 subsequently lost to the even more South. Africa extreme racist Conservative Party. Telex: 486379 The ruling party·s main intent how ever is to block resistence to those The New Nation forces in the Black community willing P.O. -
NEW CONTREE STUDENT STRUGGLES in TERTIARY EDUCATION in SOUTH AFRICA DURING Kiran Odhav (Department of Education, University of N
110 NEW CONTREE STUDENT STRUGGLES IN TERTIARY EDUCATION IN SOUTH AFRICA DURING THE 19805 Kiran Odhav (Department of Education, University of North West) Introduction This paper looks at the 1980s in terms of student resistance in South Africa. It is not a comprehensive survey of all student activities, merely a summary.' An outline of student campaigns introduces the topic, and we then concentrate on the two types of universities, 'historically White' (HWU's) and 'historically Black' (HBU's). This may appear to be an artificial classification of the university sector. Nevertheless, for convenience, we shall use the classification (HWU/HBU's) to organise our data of resistance during the 1980s. This resistance was obviously much more concentrated at the HBU's. Historically too, there was a wealth of political and other kinds of resistance at the HBU's to aspects of the tertiary system, the social structure, and specifically to apartheid's Bantustan system. Finally, the distinction between 'historically White .u~iversities' and 'historically Black univers!ties' is made in the li~ht of an educational system that was the product of a colomallegacy and apartheid. I wish to categorize resistance data in terms of four specific aspects: .Political resistance. This includes resistance within the university but primarily against the state or Bantustan concerned. .Resistance specifically regarding financial issues including corruption and the abuse of power. This is done for logistical convenience, due to the intensity and pervasiveness of politics in all areas of resistance. .Academic resistance and access related issues. These include all aspects of resistance by students in the academic sphere, whether against graduation ceremonies or such concerns as access to universities or residences. -
Resolutions of the Forty-Ninth Ordinary Session of the Council of Ministers As Adopted by the Council of Ministers
ORGANIZATION OF ORGANISATION DE L’UNITE AFRICAN UNITY AFRICAINE Secretariat Secretariat P.O. Box 3243 B. P. 3243 Addis Ababa COUNCIL OF MINISTERS CM/Res.1177 – 1205 Forty-ninth Ordinary Session 20 – 25 February, 1989 Addis Ababa, Ethiopia RESOLUTIONS OF THE FORTY-NINTH ORDINARY SESSION OF THE COUNCIL OF MINISTERS AS ADOPTED BY THE COUNCIL OF MINISTERS TABLE OF CONTENTS No. TITLE REFERENCE 1. Resolution on Namibia CM/Res.1177 (XLIX) 2. Resolution on South Africa CM/Res.1178 (XLIX) 3. Resolution against Military and Nuclear Collaboration with Apartheid South Africa CM/Res.1179 (XLIX) 4. Resolution on the Candidature of His Excellency Major-General Joseph Hanven Garba for the post of President of the Forty-fourth Session of the United Nations General Assembly CM/Res.1180 (XLIX) 5. International Conference on the Plight of Refugees, Returnees and Displaced Persons in Southern Africa CM/Res.1181 (XLIX) 6. Resolution on the Situation in the Middle East CM/Res.1182 (XLIX) 7. Resolution on the Question of Palestine CM/Res.1183 (XLIX) 8. Resolution on the Western Sahara CM/Res.1184 (XLIX) 9. Resolution on the People’s Republic of Angola CM/Res.1185 (XLIX) 10. Vote of Thanks to the People’s Republic of the Congo CM/Res.1186 (XLIX) 11. Resolution on the Programme and Budget for the Financial Year 1989/90 CM/Res.1187 (XLIX) 12. Resolution on Preparations for the Third General Conference of UNIDO and Ninth Meeting of the Conference of African Ministers of Industry (CAMI) CM/Res.1188 (XLIX) 13. Resolution on the Candidature of Dr. -
Against Apartheid
REPORT OF THE SPECIAL COMMITTEE AGAINST APARTHEID GENERAL ASSEMBLY OFFICIAL RECORDS: FORTY-FOURTH SESSION SUPPLEMENT No. 22 (A/44/2~) UNITED NATIONS New York, 1990 NOTE Symbols of United Nations documents are composed ofcapital letters combined with figures. Mention of sl!ch a symbol indicates a reference to a United Nations document. The present. report was also submitted to the Security Council under the symbol S/20901. ISSN 0255-1845 1111 iqlllllll l~uqllHh) I!i li'alHlltHy 19~O 1 CONTENTS LBTTER OF TRANSMITTAL •••••••••••••••••••••••••••• l1li •• l1li ••••••••••••••••••••••• PART ONE ~~AL RBPORT OF THE SPECIAL COMMITTEE •...•....••............... 1 275 2 I • INTRODUCTION ••••••••••.•••.••.••.......•.......•. l1li •••••••• 1 1 3 11. RBVIBW OF DEVELOPMENTS IN SOUTH AFRICA .........•.......... [, q4 1 A. General political conditions !l 15 4 B. Repression of the r~pulation .......................... 1.6 4" () 1.. Overview ...•.......•.............................. 1(; fi 2. Political trials, death sentences and executions .. I.., - 7.4 r; 3. Detention without trial ?!l 7.11 IJ 4. Vigilante groups, death squads and covert activities .. ' . 29 35 y 5. Security laws, banning and restriction or(\ers ..... lfi :19 11 6. Forced population removals ..••....••...•.......... 10 .. 45 12 7. Press censorship I ••••••••• 46 - 47 13 C. Resistance to apartheid .•.......•..................... 411 .. 03 13 1. Organizing broader fronts of resistance .....•..... 40 5n 11 2. National liberation movements . !i9 1;1 I. t) 3. Non-racial trade union movement Ij tl 1;9 l" 4. Actions by religious, youth and student gr Il\lllt~ ••.. "10 .,., III 5. Whites in the resistance . "111 1I:cl ),0 1)4 D. Destabilization and State terrorism . " 'I 7.2 Ill. EXTERNAL RELATIONS OF SOUTH AFRICA , . -
Newell M Stultz
THE UNITED NATIONS AND SOUTHERN AFRICA SERIES No. 1 THE S.A. INSTITUTE CF UT^iATiOUH AFFAIR. NOT TO DE REMOVED Newell M Stultz THE DIE SOUTH AFRICAN SUID AFRIKAANSE INSTITUTE OF INSTITUUT VAN INTERNATIONAL INTERNASIONALE AFFAIRS AANGELEENTHEDE The United Nations and Southern Africa series will be devoted to occasional monographs highlighting issues of particular interest in the relationship - past, present and future. &. SHULTZ is currently Professor of Political Science at Brown University in Providence, Rhode Island, USA. Prof. Stultz received his BA from Dartmouth College in international relations and his MA and PhD from Boston University in political science. He was on the faculty at Northwestern University before going to Brown in 1965 and has also been a research fellow at Rhodes University (1971-72), a visiting fellow st Yale University's Southern African Research Program (1977), and a visiting professor of political science at UNISA (1980). He has published many articles papers and books on South African affairs since he first visited the country as a Fullbright fellow in 1955. His books include Afrikaner Politics in South Africa (1974), Who Goes to Parliament1? (1975) and It should be noted that any opinions expressed in this occasional series lit THE UNITED NATIONS AND SOUTHERN AFRICA SERIES 1 No. 1 THE APARTHEID ISSUE AT THE SECURITY COUNCIL Newell M. Stultz ISBN 0-908371-75-6 September 1989 The South African Institute of International Affairs THE SOUTH AFRICAN INSTITUTR OF INTERNAL AFFAIRS Jan Smuts House, PO Box 31506, Braarafontam 2017 Contents Pagi Acknowledgments Introduction 01 Some Preliminary Facts 02 S.C. -
Common Purpose’: the Crowd and the Public
‘Common Purpose’: The Crowd and the Public Ulrike Kistner* *U. Kistner Department of Philosophy, University of Pretoria, Private Bag X20, Hatfield, Pretoria 2008, South Africa e-mail: [email protected] Abstract The legal doctrine of ‘common purpose’ in South African criminal law considers all parties liable who have been in implicit or explicit agreement to commit an unlawful act, and associated with each other for that purpose, even if the consequential act has been carried out by one of them. It relieves the prosecution of proving the causal link between the conduct of an individual member of a group acting in common purpose, and the ultimate consequence caused by the action of the group as a whole. The National Prosecuting Authority’s controversial and vociferously challenged decision (initially upheld, then withdrawn at the beginning of September 2012) to charge 270 demon- strators at Lonmin Platinum Mine in Marikana with the murders of 34 colleagues under the ‘common purpose’ doctrine, implying liability by association or agreement, raises the question as to the constitution and characteristics of the crowd and of the public, respectively. This article outlines the history of the application of the common purpose rule in South Africa, to then examine ‘common purpose’ within the philosophical parameters of group psychology and collective intentionality. It argues for methodological individualism within a psychoanalytic theorisation of group dynamics, and a non-summative approach to collective intentionality, in addressing some problems in the conceptualisation of group formation. Keywords Collective action Á Common purpose Á Complicity Á Group psychology Á Implied mandate Á Imputation of liability Á Individual psychology Á Intention 1 The decision by South Africa’s National Prosecution Authority (NPA)1 to charge 270 arrested miners who had been demonstrating at Lonmin Platinum Mine in Marikana with the murders of 34 colleagues who had been shot by the police on 16 August 2012, was met with a public outcry at the time. -
The Doctrine of Swart Gevaaar to the Doctrine of Common Purpose: A
THE DOCTRINE OF SWART GEVAAR TO THE DOCTRINE OF COMMON PURPOSE: A CONSTITUTIONAL AND PRINCIPLED CHALLENGE TO PARTICIPATION IN A CRIME By YUSHA DAVIDSON BCom Economics and Law (UCT); LLB (UCT) A dissertation submitted in fulfilment of the degree MASTER OF LAWS BY RESEARCH In the Faculty of Law, University of Cape Town Town Under the supervisionCape of PAMELA JANEof SCHWIKKARD Professor of Law JAMEELAH OMAR Lecturer of Law University University of Cape Town 24 JULY 2017 The copyright of this thesis vests in the author. No quotation from it or information derived from it is to be published without full acknowledgement of the source. The thesis is to be used for private study or non- commercial research purposes only. Published by the University of Cape Town (UCT) in terms of the non-exclusive license granted to UCT by the author. University of Cape Town DECLARATION I, the undersigned, YUSHA DAVIDSON, hereby declare that: 1. The research reported in this dissertation, except where otherwise indicated, is my original work. 2. This dissertation has not been submitted for any degree or examination at any other university. 3. This dissertation does not contain other persons’ writing, unless specifically acknowledged as being sourced from other researchers. Where other written sources have been quoted, then: a) their words have been re-written but the general information attributed to them has been referenced; b) where their exact words have been used, their writing has been clearly indicated as a quotation and referenced. SIGNED ________________________ Y DAVIDSON i To all those convicted under the doctrine of common purpose A luta continua ii ABSTRACT Swart gevaar was a term used during apartheid to refer to the perceived security threat of the majority black African population to the white South African government and the white minority population. -
Report of the Special Committee Against Apartheid, Supplement No
Report of the Special Committee Against Apartheid, Supplement No. 22 (A/43/22) http://www.aluka.org/action/showMetadata?doi=10.5555/AL.SFF.DOCUMENT.scaa1988001 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 Report of the Special Committee Against Apartheid, Supplement No. 22 (A/43/22) Alternative title Report of the Special Committee Against ApartheidA/43/22 Author/Creator Special Committee against Apartheid Publisher United Nations, General Assembly (New York) Date 1988-10-26 Resource type Reports Language English Subject Coverage (spatial) South Africa Description I. INTRODUCTION. II. REVIEW OF DEVELOPMENTS IN SOUTH AFRICA: A. General political conditions; B. -
SAVE SAVE ROBERT Mcbride NO APARTHEID EXECUTIONS SAVE ROBERT MCBRIDE Contents Preface 2 the TRIAL of ROBERT MCBRIDE Mcbride's Ba
SAVE SAVE ROBERT McBRIDE NO APARTHEID EXECUTIONS SAVE ROBERT MCBRIDE Contents Preface 2 THETRIALOFROBERTMCBRIDEMcBride'sBackground 3 Family History 6 CollegeBoycott 7 TheCharges 9 State of Emergency 10 McBride'sTrial 12 TheAppeal 15 The Campaign 16 STATEMENTS FROM THE CAMPAIGN 17 LETTERFROMROBERTMCBRIDE 21 Published by SATIS (Southern Africa the Imprisoned Society), July 1988. PREFACE Since 1985 the apartheid regime has sharply increased the number of death sentences passed on its political opponents. By June 1988 there were at least 60 people on Death Row after being convicted in trials arising out of political protest. Those awaiting execution include trade unionists, two women and a school pupil as well as Robert John McBride, a young member of the African National Congress. The case of Robert McBride, who was convicted of murder and sentenced to death in April 1987, graphically illustrates the unfolding tragedy in South Africa. He was charged with setting off a bomb in Durban on 14 June 1986 - just two days after a nationwide State of Emergency was declared in South Africa. This ushered in one of the most severe periods of repression in South Africa's history. During the State of Emergency, which is still in force, hundreds of people have been killed by apartheid's police and army and some 30,000 detained without trial. The root cause of the violence in South Africa is apartheid itself which has been condemned worldwide and defined by the United Nations as a crime against humanity. The international community has challenged the legitimacy of the South African regime and must do everything possible to ensure an end to its use of the ultimate penalty, execution, against its opponents. -
African National Congress Statement to the Truth and Reconciliation Commission
African National Congress Statement to the Truth and Reconciliation Commission August 1996 Contents Executive Summary ANC Statement to the Truth and Reconciliation Commission 1. PREFACE 2. INTRODUCTION 3. THE HISTORICAL AND INTERNATIONAL CONTEXT 3.1 The prehistory of colonialism, dispossession and segregation 3.2 The history of the ANC to 1960 3.3 Just struggle in the international context 3.4 Apartheid and human rights 3.5 Apartheid human rights violations in an international context 4. THE NATIONAL PARTY, APARTHEID AND THE ANATOMY OF REPRESSION, 1948-1994 4.1 The post-1948 legislative programme of apartheid 4.2 The repressive apartheid security state, 1960-1974 4.3 The institutional violence and social consequences of apartheid 4.4 Judiciary and other forms of repression 4.5 Forced removals and forced incorporation 4.6 Mass repression by the regime in response to mass protests against apartheid 4.7 The height of apartheid repression 4.8 Apartheid and the destabilisation of Southern African countries in the 1980s 4.9 Covert action and state sanctioned gross violations of human rights in the negotiations era of the 1990s 5. PHASES OF STRUGGLE AND ANC POLICY FOUNDATIONS, 1960-1994 5.1 New forms of struggle after Sharpeville and the banning of opposition groups (1960-1969) 5.2 A changing scenario and new challenges (1969-1979) 5.3 Towards "People's War" and "People's Power" (1979-1990) 5.4 The ANC and internal revolt: The role of the Mass Democratic Movement in the 1980s 6. DID THE ANC PERPETRATE ANY GROSS VIOLATIONS OF HUMAN RIGHTS? 6.1 The approach, standards and conduct of the ANC in relation to human rights 6.2 Armed operations and civilian casualties 6.3 Excesses in relation to state agents 6.4 ANC members who died in exile 6.5 The Mass Democratic Movement and excesses in the mass revolt of the 1980s 7. -
Law, Spatiality and the Tshwane Urban Space
Law, Spatiality and the Tshwane Urban Space by Isolde de Villiers Submitted in fulfilment of the requirements of the degree LLD (Doctor Legum) In the Faculty of Law University of Pretoria Supervisor: Prof K. van Marle July 2017 © University of Pretoria Acknowledgement This thesis is the product of various networks of social relationships. To the enabling and supportive relations I would like to offer a sincere thank you. Firstly to my supervisor, Karin van Marle, who has introduced me to Jurisprudence and academia. Thank you for your patience, guidance, collegiality and support, but above all for opening up different time-spaces for thinking, contesting, learning and growing. Thank you for showing me the way, it has been an interesting and rewarding journey thus far. Thank you to the department of Jurisprudence at the University of Pretoria for being my academic home, for allowing me the space and time to work on this project, and for various conferences and research seminars at which I could explore and test the ideas in this work. Thank you to Danie Brand for a sharp editing eye. To my parents, Pieter and Joey and my siblings Rhene, Milada and JacquesJ, thank you for your interest in my project, your love and understanding. Thank you to various friends for your belief in me and for supplying welcome distractions. To Oloff, thank you for the ideas and for providing an office with a view during several stretches of research leave. Thank you to Manisha and Nthombi and the other inhabitants of Schubart Park for showing me the layered narratives of your former home.