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The Constitutional Court of South Africa: Rights Interpretation and Comparative Constitutional Law
THE CONSTITUTIONAL COURT OF SOUTH AFRICA: RIGHTS INTERPRETATION AND COMPARATIVE CONSTITUTIONAL LAW Hoyt Webb- I do hereby swear that I will in my capacity asJudge of the Constitu- tional Court of the Republic of South Africa uphold and protect the Constitution of the Republic and the fundamental rights entrenched therein and in so doing administerjustice to all persons alike with- out fear,favour or prejudice, in accordance with the Constitution and the Law of the Republic. So help me God. The Constitution of the Republic of South Africa, Schedule 3 (Oaths of Office and Solemn Affirmations), Act No. 200, 1993. I swear that, asJudge of the ConstitutionalCourt, I will be faithful to the Republic of South Africa, will uphold and protect the Consti- tution and the human rights entrenched in it, and will administer justice to all persons alike withwut fear,favour or prejudice, in ac- cordancewith the Constitution and the Law. So help me God. The Constitution of the Republic of South Africa, 1996, Schedule 2 (Oaths and Solemn Affirmations), Act 108 of 1996. I. INTRODUCTION In 1993, South Africa adopted a transitional or interim Constitu- tion (also referred to as the "IC"), enshrining a non-racial, multiparty democracy, based on respect for universal rights.' This uras a monu- mental achievement considering the complex and often horrific his- tory of the Republic and the increasing racial, ethnic and religious tensions worldwide.2 A new society, however, could not be created by Hoyt Webb is an associate at Brown and Wood, LLP in NewYork City and a term member of the Council on Foreign Relations. -
| Mamokgethi Phakeng |
| MAMOKGETHI PHAKENG | TOP THREE AWARDS • Order of the Baobab in Silver: Republic of South Africa, 2016. • Most Influential Woman in Education and Training (Ac- ademic): CEO Magazine, 2014 • Most outstanding Senior Black Female Researcher over the last five to ten years: National Science and Tech- nology Forum, 2011 DEFINING MOMENT Getting her doctorate. Phakeng was amazed by how much more people paid attention to what she had to say. She doesn’t believe that a doctorate necessarily makes someone a success, but she does acknowledge that without a doctorate many of the things she has ac- complished would have been more difficult. WHAT PEOPLE DO NOT KNOW Phakeng is addicted to plain fat-free yogurt. It is her com- fort food and she eats about 2kg a week. 166 |LEGENDS OF SOUTH AFRICAN SCIENCE| MATHS MADE EASY have taught other subjects, schools only ever asked her to teach maths. She enjoyed teaching so much that when she finished her BA (Ed) in 1988, Mathematics does not always come easy to people. Many a learner has she asked for a job as a mathematics lecturer at Hebron College of Edu- struggled with mathematics in school. Many more have had to learn math- cation. They were running short of maths lecturers so they took her on. She ematics in a language that is not their own. For these students, instruction spent a year there teaching students who were pre-service mathematics can be obscured by their own fluency in the language of learning and teachers. teaching, or by the fluency of their teachers. -
“Corrective” Rapes Be Addressed by Combining the Legal Frameworks of LGBT Rights and Women’S Rights?
Master’s Thesis International and European Law – Human Rights Law – 2016-2017 To what extent can the issue of “corrective” rapes be addressed by combining the legal frameworks of LGBT rights and women’s rights? Thesis by Rati Gujadhur Snr: 2005082 Submitted in partial fulfilment of the requirements for the LL.M International and European Law Supervised by Mr. dr. A.K. Meijknecht Tilburg Law School June 2017 1 Master’s Thesis International and European Law – Human Rights Law – 2016-2017 I would like to express my sincerest gratitude to my supervisor Anna Meijknecht for her guidance and support, I would like to thank my parents and my brother for their unconditional love and support, And my friends who kept supporting me and encouraging me throughout this year! 2 Master’s Thesis International and European Law – Human Rights Law – 2016-2017 TABLE OF CONTENTS Introduction 8 I. Issue of ‘’corrective’’ rapes in South Africa 13 II. How can LGB rights help with the issue of “corrective” rapes in South Africa? 17 2.1. LGBT rights in the international legal framework (international human rights law) 17 2.1.1. First resolution (UN Res 17/19) 18 2.1.2. Anti-LGBT violence 19 2.1.3. Alarming nature of this late resolution 19 2.1.4. Report (A/HRC/19/41) 20 2.2 .Born Free and Equal Booklet – published by the OHCHR 22 2.2.1. The protection of individuals from homophonic and trans-phobic violence 23 2.2.2. The prevention of torture and cruel, inhuman and degrading treatment of LGBT persons 25 2.2.3. -
Land and Ubuntu As Competing Narratives in Rural South Africa: a Practical Theological Perspective
Land and Ubuntu as competing narratives in rural South Africa: a practical theological perspective by Hermanus Nicolaas Holtzhausen A thesis submitted in fulfilment of the requirements for the degree PHILOSOPHIAE DOCTOR In Practical Theology In the Faculty of Theology, University of Pretoria, South Africa Supervisor: Prof J.C. Műller August 2017 Declaration I, Hermanus Nicolaas Holtzhausen, declare that LAND AND UBUNTU AS COMPETING NARRATIVES IN RURAL SOUTH AFRICA: A PRACTICAL THEOLOGICAL PERSPECTIVE, which I hereby submit for the degree Philosophiae Doctor at the University of Pretoria, is my own work and has not been previously submitted by me for a degree at this or any other university. All the sources that I have used or quoted have been indicated and acknowledged by means of complete references. Signed at Wolmaransstad on 30 August 2017 ........................................................................ i Acknowledgements Allow me to acknowledge the following people and institutions that enabled this work: My wife, Catherine, for her patience and tenacity in being married to someone who loves the land. May this work set some of the land’s questions to rest. My children, Nicolaas and Pippa, who lived with this work in our house like a third child, understanding that I had to close a door or stay home, when we could have had fun together. My late sister and forebears, buried at Strydpoort, who were known for their compassionate focus on social justice. My family and neighbours at Strydpoort. I hope we can co-create stories with positive outcomes for us all after this work. Professor Julian Műller, who supported and encouraged me with immeasurable patience and clarity. -
Invisible, Isolated, and Ignored Human Rights Abuses Based on Sexual
Invisible, Isolated, and Ignored Human Rights Abuses Based on Sexual Orienta tion and Gender Identity/Expression in Colombia, South Africa and Malaysia Composed of 60 eminent judges and lawyers from all regions of the world, the International Commission of Jurists promotes and protects human rights through the Rule of Law, by using its unique legal expertise to develop and strengthen national and international justice systems. Established in 1952 and active on the five continents, the ICJ aims to ensure the progressive development and effective implementation of international human rights and international humanitarian law; secure the realization of civil, cultural, economic, political and social rights; safeguard the separation of powers; and guarantee the independence of the judiciary and legal profession. ® Invisible, Isolated, and Ignored Human Rights Abuses Based on Sexual Orientation and Gender Identity/Expression in Colombia, South Africa and Malaysia © Copyright International Commission of Jurists, 2021 The International Commission of Jurists (ICJ) permits free reproduction of extracts from any of its publications provided that due acknowledgment is given and a copy of the publication carrying the extract is sent to its headquarters at the following address: International Commission of Jurists P.O. Box 1270 Rue des Buis 3 1211 Geneva 1 Switzerland t: +41 22 979 38 00 www.icj.org Cover painting: Ames Sia Invisible, Isolated, and Ignored Human Rights Abuses Based on Sexual Orientation and Gender Identity/Expression in Colombia, South Africa and Malaysia This report was researched and written by Michelle Yesudas, Nokukhanya Farisè and Rocío Quintero Martínez, with additional the contributions and review by Timothy Fish Hodgson. -
Faculty of Health Sciences (Ceremony 3)
FACULTY OF HEALTH SCIENCES (CEREMONY 3) ORDER OF PROCEEDINGS Academic Procession. (The congregation is requested to stand as the procession enters the hall) The Presiding Officer will constitute the congregation. The National Anthem. The University Dedication will be read by a member of the SRC. Musical Item. Welcome by the Master of Ceremonies. The Master of Ceremonies will introduce the guest speaker, Dr Kumani Kula Address by Dr Kula The graduands will be presented to the Presiding Officer by the Dean of the faculty. The Presiding Officer will congratulate the new graduates. The Master of Ceremonies will make closing announcements and invite the congregation to stand. The Presiding Officer will dissolve the congregation. The procession will leave the hall. (Graduates and guests are asked to remain for the prizegiving which will follow after the procession leaves the hall) 1 NATIONAL ANTHEM Nkosi sikelel’ iAfrika Maluphakanyisw’ uphondolwayo, Yizwa imithandazo yethu, Nkosi sikelela, thina lusapho lwayo. Morena boloka etjhaba sa heso, O fedise dintwa la matshwenyeho, O se boloke, O se boloke setjhaba sa heso, Setjhaba sa South Afrika – South Afrika. Uit die blou van onse hemel, Uit die diepte van ons see, Oor ons ewige gebergtes, Waar die kranse antwoord gee, Sounds the call to come together, And united we shall stand, Let us live and strive for freedom, In South Africa our land. 2 DISTINCTIONS IN THE FACULTY OF HEALTH SCIENCES Postgraduate diplomas may be awarded with distinction if the candidate has achieved 70% and above for all courses with a weighted average of at least 75% Honours degrees are awarded by class (first, second class division one, second class division two, or third). -
Introduction to South African Constitutional Law
Introduction to South African Constitutional Law Göttingen University Lecturer Prof Pierre de Vos University of Cape Town, Law Faculty Email: [email protected] Blog: http://constitutionallyspeaking.co.za Course Description South Africa’s 1996 Constitution was adopted through a unique process, involving multi- phase negotiations as well as involvement of a newly created Constitutional Court, to facilitate the transition from an authoritarian apartheid state to a constitutional democracy. This introductory course will highlight the unique nature of the transition as well as several distinct features of the Constitution, focusing on the constitutional arrangements on the legislature, executive and judiciary and the relationship between them as well as on the role of traditional leaders within the democracy. South Africa is a common law jurisdiction and judgments of its Constitutional Court create binding precedent guiding understanding of the constitutional text. As such the course will also introduce students to a few of the pivotal judgments of the Constitutional Court. At the end of the course, students should understand the structure and function of the three branches of government and how traditional leaders are accommodated within the constitutional democracy. Students should also have a good idea of the manner in which these institutions relate to one another and the role they play in the system of checks and balances. A general understanding of the types of legal reasoning employed by South Africa’s Constitutional Court, would -
South African Constitutional Court's Embrace of Socio-Economic Rights: a Comparative Perspective
The South African Constitutional Court's Embrace of Socio-Economic Rights: A Comparative Perspective Mark S. Kende* I. INTRODUCTION One of the most common assumptions about the United States Constitution is that it protects negative rights.1 Yet the International Covenant on Economic, Social, and Cultural Rights, as well as many foreign constitutions, require governments to af- firmatively provide socio-economic necessities.2 The theory is that liberty at least presumes subsistence. International human rights experts actually speak of three "generations" of rights. First generation rights are political and civil, and are usually negative rights.4 Second generation rights involve the government's socio-economic obligations, and are fre- quently positive rights.5 Finally, third generation rights are ex- emplified by the right to a clean and healthy environment, and are commonly called "green" rights. * Professor of Law and Associate Dean, The University of Montana School of Law. B.A., Yale University; J.D., University of Chicago Law School. An abbreviated version of this paper was presented at the Chapman Law Review 2003 Symposium on Economic Lib- erties. Thanks to Professor John Eastman for facilitating my involvement in the Sympo- sium, to Professor Tom Huff for his typically wise editorial suggestions, and to Professor Pierre de Vos for his South African perspective. 1 Judge Posner wrote that: [Our] Constitution is a charter of negative rather than positive liberties.... The men who wrote the Bill of Rights were not concerned that government might do too little for the people but that it might do too much to them. The Fourteenth Amendment, adopted in 1868 at the height of laissez-faire thinking, sought to pro- tect Americans from oppression by state government, not to secure them basic gov- ernmental services. -
Prof Pierre De Vos
Social Responsiveness Award 2013: Citation Prof Pierre de Vos Prof Pierre de Vos holds the Claude Leon Foundation Chair in Constitutional Governance in the Department of Public Law at the University of Cape Town. Over the past 10 years Prof De Vos has utilised his expertise as a constitutional law scholar with a strong commitment to social justice in three distinct but interrelated ways. First, he consistently provides both printed and electronic media (as diverse as the New York Times; Daily Voice; Al Jazeera, CNN; Power FM; Radio Pretoria; SAFM; SABC, ETV and Radio Sonder Grense) with analysis, insight and explanation on both narrowly focused constitutional law questions and broader socio-political questions relating, amongst others, to colonialism and to various oppressive views and practices relating to race, sex, gender and sexual orientation, thereby assisting to inform debate and enhance democratic deliberation in South Africa. The ultimate aim of this intervention is to provide accurate analysis of constitutional law questions, to promote constitutionalism and to popularise the values of human dignity, equality and freedom that underlie the South African Constitution. Secondly, he publishes Constitutionally Speaking, a widely read and influential Blog that aims to provide in-depth, nuanced, but easy to understand, explanations of Constitutional Court and other court judgments as well as explanations and analysis of current constitutional law questions. The aim of the Blog is, first, to inform the public (including journalists, lawyers, judges and politicians) about the constitutional project in order to deepen debate, and to assist in the development of theoretically nuanced but practically relevant insights about the way in which power operates in a constitutional democracy and, second, to help frame debates and legal arguments in the media as well as in court processes and Parliament. -
A University of Kwazulu-Natal Alumni Magazine
2020 UKZNTOUCH A UNIVERSITY OF KWAZULU-NATAL ALUMNI MAGAZINE NELSON R. MANDELA SCHOOL OF MEDICINE 70TH ANNIVERSARY INSPIRING GREATNESS ACKNOWLEDGEMENTSACKNOWLEDGEMENTS This edition of UKZNTOUCH celebrates the University of KwaZulu-Natal Nelson R. Mandela School of Medicine’s 70th Anniversary and its men and women who continue to contribute to the betterment of society, especially during the COVID-19 pandemic. Executive Editor: Normah Zondo Editorial Team: Bhekani Dlamini, Normah Zondo, Sinegugu Ndlovu, Finn Christensen, Deanne Collins, Sithembile Shabangu, Raylene Captain-Hasthibeer, Sunayna Bhagwandin, Desiree Govender and Nomcebo Msweli Contributors: Tony Carnie, Greg Dardagan, Colleen Dardagan, College PR Offices, Central Publications Unit, UKZNdabaOnline archives, UKZN academics, UKZN Press Creative Direction: Nhlakanipho Nxumalo Photographs and graphic illustrations: UKZN archives, UKZN Corporate Relations Division, UKZN photographers Copyright: All photographs and images used in this publication are protected by copyright and may not be reproduced without permission of the UKZN Corporate Relations Division. No section of this publication may be reproduced without the written consent of the Corporate Relations Division. 2020 UKZNTOUCH A UNIVERSITY OF KWAZULU-NATAL ALUMNI MAGAZINE Disclaimer: Information was collected at different times during the compilation of this publication UKZNTOUCH 2020 CONTENTS 04 32 51 ANGELA HARTWIG 75 - COVID-19 HEROES FOREWORD UKZN ENACTUS IN THE ALUMNI CLASS NOTES EDITOR’S CHOICE TOP 16 AT ENACTUS WORLD -
Accountability and the Role of Independent Constitutional Institutions in South Africa’S Post-Apartheid Constitutions
NYLS Law Review Vols. 22-63 (1976-2019) Volume 60 Issue 1 Twenty Years of South African Constitutionalism: Constitutional Rights, Article 8 Judicial Independence and the Transition to Democracy January 2016 Accountability and the Role of Independent Constitutional Institutions in South Africa’s Post-Apartheid Constitutions HEINZ KLUG Professor of Law at the University of Wisconsin and an Honorary Senior Research Associate in the School of Law at the University of the Witwatersrand in Johannesburg, South Africa. Follow this and additional works at: https://digitalcommons.nyls.edu/nyls_law_review Part of the Constitutional Law Commons Recommended Citation HEINZ KLUG, Accountability and the Role of Independent Constitutional Institutions in South Africa’s Post- Apartheid Constitutions, 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 Heinz Klug Accountability and the Role of Independent Constitutional Institutions in South Africa’s Post-Apartheid Constitutions 60 N.Y.L. Sch. L. Rev. 153 (2015–2016) ABOUT THE AUTHOR: Heinz Klug is Evjue-Bascom Professor of Law at the University of Wisconsin and an Honorary Senior Research Associate in the School of Law at the University of the Witwatersrand in Johannesburg, South Africa. Part of this article was originally presented as a keynote address entitled “Poverty, Good Governance and Achieving the Constitution’s Promise,” at the Good Governance Conference in Pretoria, South Africa in October 2013. -
Comparative Perspectives on Strategic Remedial Delays Holning S
University of North Carolina School of Law Carolina Law Scholarship Repository Faculty Publications Faculty Scholarship 2016 Comparative Perspectives on Strategic Remedial Delays Holning S. Lau University of North Carolina School of Law, [email protected] Follow this and additional works at: http://scholarship.law.unc.edu/faculty_publications Part of the Law Commons Publication: Tulane Law Review This Article is brought to you for free and open access by the Faculty Scholarship at Carolina Law Scholarship Repository. It has been accepted for inclusion in Faculty Publications by an authorized administrator of Carolina Law Scholarship Repository. For more information, please contact [email protected]. Comparative Perspectives on Strategic Remedial Delays Holning Lau* In controversial constitutional cases, courts sometimes grant the government an extended period of time to correct rights violations—what I call “remedial grace periods”— hoping that the postponed implementation of change will temper backlash. The most well- known example of such remedial delay followed the U.S. Supreme Court decision in Brown v. Board of Education II. This Article spotlights a more recent remedial grace period. In Minister of Home Affairs v. Fourie, South Africa’s highest court ruled that depriving same-sex couples of marriage was unconstitutional. It could have implemented same-sex marriage immediately by reading it into the law, but it chose not to. Instead, it sought to defuse controversy by giving Parliament time to remedy the situation legislatively. Fourie’s grace period complicates prevailing wisdom about grace periods that derives from Brown II. Part I of this Article provides background by comparing remedial grace periods to other judicial delay tactics.