Winter Graduation PROGRAMME
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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. -
The Association for Diplomatic Studies and Training Foreign Affairs Oral History Project
The Association for Diplomatic Studies and Training Foreign Affairs Oral History Project STEVE McDONALD Interviewed by: Dan Whitman Initial Interview Date: August 17, 2011 Copyright 2018 ADST TABLE OF CONTENTS Education MA, South African Policy Studies, University of London 1975 Joined Foreign Service 1975 Washington, DC 1975 Desk Officer for Portuguese African Colonies Pretoria, South Africa 1976-1979 Political Officer -- Black Affairs Retired from the Foreign Service 1980 Professor at Drury College in Missouri 1980-1982 Consultant, Ford Foundation’s Study 1980-1982 “South Africa: Time Running Out” Head of U.S. South Africa Leadership Exchange Program 1982-1987 Managed South Africa Policy Forum at the Aspen Institute 1987-1992 Worked for African American Institute 1992-2002 Consultant for the Wilson Center 2002-2008 Consulting Director at Wilson Center 2009-2013 INTERVIEW Q: Here we go. This is Dan Whitman interviewing Steve McDonald at the Wilson Center in downtown Washington. It is August 17. Steve McDonald, you are about to correct me the head of the Africa section… McDONALD: Well the head of the Africa program and the project on leadership and building state capacity at the Woodrow Wilson international center for scholars. 1 Q: That is easy for you to say. Thank you for getting that on the record, and it will be in the transcript. In the Wilson Center many would say the prime research center on the East Coast. McDONALD: I think it is true. It is a think tank a research and academic body that has approximately 150 fellows annually from all over the world looking at policy issues. -
The Life Esidimeni Tragedy in South Africa Ebenezer Durojaye and Daphine Kabagambe Agaba
HHr Health and Human Rights Journal perspective HHR_final_logo_alone.indd 1 10/19/15 10:53 AM Contribution of the Health Ombud to Accountability: The Life Esidimeni Tragedy in South Africa ebenezer durojaye and daphine kabagambe agaba Introduction Between October 2015 and June 2016, 1,711 people were relocated from mental health facilities operated by long-term provider Life Esidimeni in the South African province of Gauteng to alternative facilities managed by multiple nongovernmental organizations (NGOs). The result of the change in providers, and the manner in which the transfers were managed, became a tragedy that culminated in the death of 144 mental health care patients and the exposure of 1,418 others to torture, trauma, and poor health outcomes.1 The state was unable to ascertain the whereabouts of a further 44 patients. The tragedy began in October 2015, when the then member of the Executive Council for health in the populous Gauteng province, which includes Johannesburg and Pretoria, announced the termination of a 40-year contract between the Department of Health and Life Esidimeni for the provision of mental health services.2 The NGO facilities to which the patients were transferred were ill prepared and ill equipped for the influx of patients.3 The tragedy drew further public attention in September 2016, when, responding to a question raised in Parliament, the member of the Executive Council for health said that about 36 former residents of Life Esidimeni had died under mysterious circumstances following their transfers. South -
The Formal Court Sitting to Mark the Departure of Deputy Chief Justice Dikgang Moseneke from the Constitutional Court of South
The Formal Court Sitting to Mark the Departure of Deputy Chief Justice Dikgang Moseneke from the Constitutional Court of South Africa Friday, 20 May 2016 Chief Justice, former President Thabo Mbeki and Mrs Mbeki; former President Kgalema Motlanthe and Mrs Motlanthe, President and Deputy President of the Supreme Court of Appeal. Justices of the Constitutional Court – both currently sitting and retired. Judges President, Heads of Courts and Judges of all our courts, the Chairperson of the National Council of Provinces, Deputy Minister of Justice and Constitutional Development, leaders of political parties and of social movements, all formations within the legal fraternity, Deans of Law Schools, members of my family, and in particular my wife, Kabo Moseneke and my mother, Karabo Moseneke. Allow me also to welcome all patriots, compatriots and citizens of our land and friends who have cared to come and observe this moment with us. I will cease to hold office as a Deputy Chief Justice of the Republic and retire from the Constitutional Court of South Africa at midnight today, 20 May 2016. I have had the distinct privilege of serving the judicial bench for 15 years; of which no less than a continuous period of 14 years I served in the Highest Court of the Republic. A formal ceremony, such as the present, is by now well etched in our judicial convention. The Judiciary knows no better way of celebrating and sending off one of its own than in the very forum in which it dispenses justice. It is a time honoured tradition that on an occasion as the present, fellow colleagues who 1 hold judicial office would robe and so would counsel and be in attendance as a mark of homage to the departing Justice. -
Life Esidimeni Arbitration Award
IN THE ARBITRATION BETWEEN: FAMILIES OF MENTAL HEALTH CARE USERS AFFECTED BY THE GAUTENG MENTAL MARATHON PROJECT Claimants And NATIONAL MINISTER OF HEALTH OF THE REPUBLIC OF SOUTH AFRICA GOVERNMENT OF THE PROVINCE OF GAUTENG PREMIER OF THE PROVINCE OF GAUTENG MEMBER OF THE EXECUTIVE COUNCIL OF HEALTH: PROVINCE OF GAUTENG Respondents BEFORE JUSTICE DIKGANG MOSENEKE MOSENEKE J AWARD Introduction [1] This is a harrowing account of the death, torture and disappearance of utterly vulnerable mental health care users in the care of an admittedly delinquent provincial government. It is also a story of the searing and public anguish of the families of the affected mental health care users and of the collective shock and pain of many other caring people in our land and elsewhere in the world. These inhuman narratives were rehearsed before me, the Arbitrator, in arbitral proceedings I am about to describe. [2] It is now undisputed that as a result of their move out of Life Esidimeni facilities after 1 October 2015, 144 mental health care users died and 1418 were exposed to trauma and morbidity amongst other results, but survived. Of the known survivors, the State informs that the whereabouts of 44 mental health care users remain unknown. [3] The Life Esidimeni Arbitration was established following Recommendation 17 of the Health Ombudsperson’s “Report into the circumstances surrounding the deaths of mentally ill patients: Gauteng Province” (Ombud’s Report).1 The parties,2 referred their dispute to arbitration before a single arbitrator. This they did subject to a written arbitration agreement concluded on 8 September 20173 and subject to the provisions of the Arbitration Act4. -
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). -
1 Heinz Klug July 2020 Law School, University of Wisconsin-Madison
Heinz Klug July 2020 Law School, University of Wisconsin-Madison 975 Bascom Mall, Madison, WI 53706-1399 Ph: (608) 262-2240 Fax: (608) 262-1231 Education University of Wisconsin-Madison, Law School, S.J.D. December 1997. University of California, Hastings College of the Law, J.D. (cum laude) May 1989. University of Natal (Durban) B.A. Honors in Comparative African Government and Administration, 1978. B.A. 1977. Honors and Professional Affiliations Elected, Faculty Graduation Speaker, University of Wisconsin Law School, 2016 Awarded Doctor Honoris Causa, Hasselt University 2013 Advocate of the High Court of South Africa, admitted August 1995. Admitted to the California Bar, December 1989. Editor in Chief, Hastings International and Comparative Law Review 1988-89. Scholarship Award (For Journal Contribution) 1989. Thurston Society (Top 10% of Class) 1989. American Jurisprudence Awards 1986-1989: Legal Writing and Research; International Law; International Human Rights; Editor-in-chief, Hastings International and Comparative Law Review. Class Speaker (elected), Commencement 1989. Member of the Law and Society Association since 1995. Member of the American Bar Association since 1996. Professional Service Member, Board of Trustees, Law and Society Association (Class of 2022). Co-Chair, Program Committee, Law and Society Annual Meeting, Washington DC, May 30 – June 2, 2019. Member, Program Committee, Law and Society Association Annual Meeting, Toronto, Canada, June 7-10, 2018. Faculty and Keynote Speaker, Transnational Law Summer Institute 2017, The Dickson Poon School of Law, Kings College London and University of New South Wales Law School, Sydney, Australia, December 3-8, 2017. Co-Leader (with Helen Kinsella) Faculty Development Seminar, Human Rights and Refugees: Understanding the Global Refugee/Displaced Persons Crisis through History, Politics, Law and Literature, Center for the Humanities, University of Wisconsin- Madison, Fall 2016. -
Felicia Kentridge LRC Oral History Project Interview 1: 14Th February 2006 Interview 2: 16Th February 2006 Interview 3: 22Nd February 2006
Felicia Kentridge LRC Oral History Project Interview 1: 14th February 2006 Interview 2: 16th February 2006 Interview 3: 22nd February 2006 Interview 1: FK: My parents were…lawyers and my mother was the first woman advocate in South Africa. Int:: Really… FK: Yes. And…she, she gave up because of Colonel Sellers. At least, I believe it was because of Colonel Sellers. Int: Colonel Sellers? FK: Well, he, he was very unpleasant about women joining the Bar and he, he objected to her being there and and the fact that my father, who was an attorney, could brief her. So, she accepted that. And she left the Bar but that was before I was born. And then when I was born, she went to America, as a Carnegie scholar and came back and wrote a book called “Women and Children in South Africa”, but it was not about Black women, it was about White women, and she at the age of 90 was sorry that it had been about Black women, that it had not been about Black women. And she screamed all my life at my father and at her, her pain. And she was a screaming mother. That was my impression of her. But my sister who was older than me, who was six years older than me, was really in her place. Int: You mean, as a mother? FK: Yes. Int: You…? FK: And then she died. But that was later on, at the age of 73. And my mother died at the age of 90. So, I am 75 and I am older than my sister and younger than my mother. -
| Justice Arthur Chaskalson |
| JUSTICE ARTHUR CHASKALSON | TOP THREE AWARDS • Honorary Membership of the New York City Bar, 1985 • Order of the Baobab (Gold), 2002 • Human Rights Award (Foundation for Freedom – Switzer- land), 1990 WHAT PEOPLE DO NOT KNOW He was a first-rate football player and was selected for the combined South African Universities football team in 1952. 38 |LEGENDS OF SOUTH AFRICAN SCIENCE| UNWAVERING TRANSPARENCY AT THE ESSENCE ...there was transparency in everything he did. He was a person of rock- solid integrity and morality. ... His core belief was that it was human beings South Africa is considered to have one of the best, if not the best, Con- who were really important in life – and therefore also in the law. He put stitutions in the world. And its custodian, the Constitutional Court, has as people at the centre of everything which he did. its justices some of the finest legal minds in the country. The Honourable Chief Justice Arthur Chaskalson played central roles in helping to draft and Chaskalson grew up in the 1930s and early 1940s “as a little white boy in a shape the Constitution and the establishment and promotion of the Con- middle-class home in an area where I met other little white boys and girls”. stitutional Court – long before becoming the President and then the Chief Discrimination against and segregation and marginalisation of black South Justice of this court. Africans were realities long before the formalisations of apartheid, and it is likely that these circumstances influenced his decision to become a lawyer Born in Johannesburg, Justice Chaskalson matriculated at Hilton College while he was still at school. -
Prof Ms Makhanya, Principal and Vice Chancellor
PROF MS MAKHANYA, PRINCIPAL AND VICE CHANCELLOR UNIVERSITY OF SOUTH AFRICA WELCOMING ADDRESS AND INTRODUCTION OF THE FORMER DEPUTY CHIEF JUSTICE, JUDGE DIKGANG MOSENEKE BOOK LAUNCH OF ALL RISE: A JUDICIAL MEMOIR 11 NOVEMBER 2020 Thank you, Programme Director: Prof Olaotse John Kole, Deputy Executive Dean: College of Law, University of South Africa • Justice Dikgang Moseneke, Former Deputy Chief Justice of the Republic of South Africa • Mr Nathi Mthethwa, Minister of Sports, Arts and Culture • Prof Wiseman Nkuhlu, Chancellor of the University of Pretoria • Your Excellencies, Ambassadors and High Commissioners representing various countries in South Africa • Prof Veronica McKay, Acting Vice Principal: Teaching, Learning, Community Engagement and Student Support • Prof Basdeo: Executive Dean: College of Law • Members of Unisa Executive and Extended Management present • Representatives of various arms of legal fraternity joining us today • Representaives from sister institutions of higher learning and research organisations • Members of the Business Community • Representatives from various student bodies in attendance • Invited Guests • Ladies and Gentlemen A very warm good afternoon to you all. It is my distinct pleasure, once again, to welcome and introduce to you Justice Dikgang Moseneke, Former Deputy Chief Justice of South Africa, who as you all know, is one of Unisa’s most outstanding alumnus. What many present here this afternoon will not remember, is that in 2008, Justice Moseneke was the keynote speaker at our academic opening assembly where he spoke most eloquently about this University, the University of South Africa, his alma mater, and the 2 important role that it has played in his life. This was by way of illustrating the important role of education, and Universities, in societal development and progress. -
Law Regsgeleerdheid
FACULTY OFLAW Legal Education since 1921 FAKULTEIT REGSGELEERDHEID Regsopleiding sedert 1921 Faculties and campuses Stellenbosch University SU has ten faculties: AgriSciences, Economic and Management Sciences, Medicine and Health Sciences, Engineering, Military Sciences, Arts and Social Sciences, Science, Education, well as visionary thinking about the creation of a Law and Theology. The Faculties are spread sustainable 21st-century institution, make for the over different campuses and the Faculty of Law Starting out with four faculties (Science, unique character of Stellenbosch University. is situated at the Stellenbosch campus. Education, Arts and Social Sciences, and Academic excellence and innovation Stellenbosch is situated about 50 km from AgriSciences), 503 students and 40 lecturing The University is amongst South Africa’s leading Cape Town and just 30 km from Cape Town staff on 2 April 1918, Stellenbosch University tertiary institutions based on research output, International Airport. today is home to 10 faculties, a vibrant and student pass rates and rated scientists, and cosmopolitan community of more than 30 000 is recognised internationally as an academic students and 3 000 staff members, spread over institution of excellence. It consistently boasts five campuses. The historical oak-lined university amongst the highest weighted research output town is situated amongst the Boland Mountains per full-time academic staff member of all South in the winelands of the Western Cape. This African universities and the second-highest creates a unique campus atmosphere, which number of scientists in South Africa who have attracts local and foreign students alike. On the been rated by the National Research Foundation The University is main campus, paved walkways wind between (NRF). -
Pro Bono in the Private Sector 8 Emerging Pro Bono Practices 8
GIVING HOPE AND DIGNITY TO THE POOR: The story of ProBono.Org Case Study Case study conducted for The Atlantic Philanthropies September 2009 Written by Tom Lebert, Umhlaba Associates Hospice Palliative Care Association of South Africa (HPCASA)/ProBono.Org meeting, November 2008 Photograph: Helen McDonald Key HPCASA Hospice Palliative Care Association of South Africa LAB Legal Aid Board LHR Lawyers for Human Rights LRC Legal Resources Centre NGO Non-governmental organisation PILCH Public Interest Law Clearing House PLWHA People living with HIV and Aids SAHRC South African Human Rights Commission 2 GIVING HOPE AND DIGNITY TO THE POOR: THE STORY OF PROBONO.ORG Table of Contents I. Introduction 5 II. Background and Context to the Establishment of ProBono.Org 7 The decline of the public interest legal sector 7 Pro bono in the private sector 8 Emerging pro bono practices 8 III. The Establishment and Operations of ProBono.Org 11 Piloting the clearing house model 11 Setting-up ProBono.Org 11 The ProBono.Org Board 14 ProBono.Org and the clearing house model 15 ProBono.Org staff capacity 15 Current approaches and strategies 16 Networking and relationships with fraternal organisations 19 Funding 21 Impact and outcomes 21 IV. Benefits of the Clearing House Model 23 V. Challenges and Lessons Learned 25 VI. Conclusion 27 GIVING HOPE AND DIGNITY TO THE POOR: THE STORY OF PROBONO.ORG 3 Odette Geldenhuys, founder and director of ProBono.Org Photograph: Helen McDonald 4 GIVING HOPE AND DIGNITY TO THE POOR: THE STORY OF PROBONO.ORG I. Introduction “ Law firms and bar n South Africa, immigrants, farm workers, the rural poor, and the gay community are among the population groups regularly denied access to councils may seem to Irights, services and justice.