QUEERING CAPE TOWN Queer in Africa III
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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. -
“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. -
No Valley Without Shadows MSF and the Fight for Affordable Arvs in South Africa
In the 1990s, even as the country celebrated its freedom from apartheid, South Africa descended into a chilling new crisis: an incurable disease was spreading so fast it soon became the fearsome stuff of myth and legend. The fight against HIV/AIDS in South Africa was a war fought on many fronts: against fear and ignorance so powerful it could lead to murder; against profiteering pharmaceutical companies whose patents safeguarded revenues at the cost of patients’ lives; and, most shockingly, against the South African government, which quickly emerged as the world leader in AIDS denialism. To take its place in this battle, Médecins Sans Frontières/Doctors Without Borders would have to overcome internal resistance, seemingly impossible financial barriers, multiple lawsuits, and the shame and terror of the very people they were trying to help. How could a coalition of activists, doctors, and patients beat the odds to bring about startling innovations in treatment protocols, end the pharmaceutical companies’ legal challenges to low-cost drugs, and overturn an official policy of denial that originated in the nation’s highest political offices? This is the story. No Valley Without Shadows MSF and the Fight for Affordable ARVs in South Africa Written by Marta Darder, Liz McGregor, Carol Devine and other contributors. © 2014 Médecins Sans Frontières/Doctors Without Borders, Rue Dupré 94, 1090 Brussels No Valley Without Shadows is a publication by Médecins Sans Frontières/Doctors Without Borders (MSF). The texts in this publication are based on interviews with members of MSF and others who participated in the fight for affordable ARVs in South Africa. -
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 Africa 2
The Atlantic Philanthropies South Africa 2 Honjiswa Raba enjoysThe the new auditorium of the Isivivana Centre.Atlantic Raba is head of human resources Philanthropies for Equal Education, a Centre tenant, and is a trustee of the Khayelitsha Youth & Community Centre Trust, the governing body of Isivivana. Foreword 5 Preface 9 Summary 13 South Africa 22 Grantee Profiles 89 Black Sash and Community Advice Offices 91 Legal Resources Centre 96 University of the Western Cape 101 Lawyers for Human Rights 108 Umthombo Youth Development Foundation 113 Archives and the Importance of Memory 117 Nursing Schools and Programmes 125 Health Care Systems 131 LGBTI Rights 135 Social Justice Coalition 138 Equal Education 143 Isivivana Centre 147 Lessons 154 Acknowledgements 175 Throughout this book, the term “black” is used as it is defined in the South African Constitution. This means that it includes Africans, coloureds and Indians, the apartheid-era definitions of South Africa’s major race groups. The Atlantic Philanthropies South Africa BY RYLAND FISHER President Cyril Ramaphosa met with Chuck Feeney in Johannesburg in 2005 when they discussed their involvement in the Northern Ireland peace process. Ramphosa was elected president of South Africa by Parliament in February 2018. DEDICATION Charles Francis Feeney, whose generosity and vision have improved the lives of millions in South Africa and across the globe IN MEMORIAM Gerald V Kraak (1956–2014), a champion of human rights and Atlantic’s longest serving staff member in South Africa Students “No matter how some of the visit the Constitutional Court at ideals have been difficult Constitution Hill. to achieve and get a bit frayed around the edges, South Africans still achieved its transition to democracy in, I think, one of the most extraordinary ways in human history.” Christine Downton, former Atlantic Board member 5 South Africa Foreword he Atlantic Philanthropies are known for making big bets, and it’s fair to say that the foundation was making a very large wager when T it began investing in South Africa in the early 1990s. -
GLOW Collection
The GLOW Collection Founded on April 9th, 1988, the Gay and Lesbian Organisation of the Witwatersrand (GLOW) aimed to create an explicitly non-homophobic, non- racist, and non-sexist space for gays and lesbians living in and around Johannesburg. The organisation was founded in part by Simon Nkoli, an anti- apartheid activist who saw his political struggle as interlinked with his struggle for gay rights. Before he was unlawfully imprisoned for his association with the United Democratic Front (UDF) under the Delmas Treason Trial, Nkoli had been a member of the Gay Association of South Africa (GASA) and led its racially inclusive Saturday Group in Soweto. Nkoli, however, felt that GASA, a mainly white and apolitical organisation, was not working towards the anti-apartheid struggle and had not done enough to protest his imprisonment. Created after his release from prison, GLOW eventually had chapters across the city, including in Sheila Lapinsky (of OLGA) and Simon Nkoli Hillbrow, KwaThema, Berea, Soweto, and Yeoville. In 1990, GLOW would organize the continent’s first Pride march, with marchers chanting, “We’re here, we’re queer, we’re everywhere!” through the streets of Braamfontein. Looking through the range of correspondences, publications, lobbying material, and minutes in the collection, it becomes clear that GLOW offered a range of resources as a community based organisation aiming to increase lesbian and gay visibility. It produced a monthly Glowletter featuring organisational updates, advertisements for pen pals, international gay rights news, book reviews, comics, and letters from GLOW From 1991 Pride March edition of Glowletter members reacting to a range of topics. -
I, the Undersigned
IN THE HIGH COURT OF SOUTH AFRICA (CAPE OF GOOD HOPE PROVINCIAL DIVISION) Case No. In the matter between: TREATMENT ACTION CAMPAIGN First Applicant SOUTH AFRICAN MEDICAL ASSOCIATION Second Applicant and MATTHIAS RATH First Respondent DR RATH HEALTH FOUNDATION AFRICA Second Respondent SAM MHLONGO Third Respondent DAVID RASNICK Fourth Respondent ALEXANDRA NIEDWIECKI Fifth Respondent ANTHONY BRINK Sixth Respondent TREATMENT INFORMATION GROUP Seventh Respondent GOVERNMENT OF THE REPUBLIC OF SOUTH AFRICA Eighth Respondent DIRECTOR-GENERAL OF HEALTH Ninth Respondent CHAIRPERSON, MEDICINES CONTROL COUNCIL Tenth Respondent REGISTRAR OF MEDICINES Eleventh Respondent MEMBER OF EXECUTIVE COUNCIL FOR HEALTH WESTERN CAPE Twelfth Respondent FOUNDING AFFIDAVIT I the undersigned 2 NATHAN GEFFEN hereby affirm and state as follows: 1. I am an adult male. I am employed by the Treatment Action Campaign (TAC) at 34 Main Road Muizenberg. 2. My position at the TAC is Co-ordinator of Policy, Research and Communications. I hold an M.Sc. in computer science from the University of Cape Town (UCT). 3. During 2000 and 2001 I was a lecturer in computer science at UCT. In this period I also volunteered for the TAC. This included serving as the organisation’s treasurer. From 2002 to the beginning of 2005 I was employed by the TAC as its national manager. 4. I am duly authorized by a resolution of the TAC National Executive Committee (NEC) to make this application and depose to this affidavit on its behalf. A copy of the resolution of the NEC on 4 October 2005 is attached (NG1). 5. The facts contained herein are true and correct and are within my personal knowledge unless the context indicates otherwise. -
Report Was Written by Scott Long, Consultant to Human Rights Watch and Former Program Director of the International Gay and Lesbian Human Rights Commission
MORE THAN A NAME State-Sponsored Homophobia and Its Consequences in Southern Africa I wanted to speak to my president face to face one day and tell him, I am here. I wanted to say to him: I am not a word, I am not those things you call me. I wanted to say to him: I am more than a name. ⎯Francis Yabe Chisambisha, Zambian activist, interviewed in 2001. Human Rights Watch and The International Gay and Lesbian Human Rights Commission Copyright © 2003 by Human Rights Watch. All rights reserved. Printed in the United States of America ISBN: 1-56432-286-6 Library of Congress Control Number: 2003102060 Cover photograph: Cover design by Addresses for Human Rights Watch 350 Fifth Avenue, 34th Floor, New York, NY 10118-3299 Tel: (212) 290-4700, Fax: (212) 736-1300, E-mail: [email protected] 1630 Connecticut Avenue, N.W., Suite 500, Washington, DC 20009 Tel: (202) 612-4321, Fax: (202) 612-4333, E-mail: [email protected] 33 Islington High Street, N1 9LH London, UK Tel: (44 20) 7713 1995, Fax: (44 20) 7713 1800, E-mail: [email protected] 15 Rue Van Campenhout, 1000 Brussels, Belgium Tel: (32 2) 732-2009, Fax: (32 2) 732-0471, E-mail: [email protected] Web Site Address: http://www.hrw.org Listserv address: To subscribe to the list, send an e-mail message to hrw-news-subscribe @igc.topica.com with “subscribe hrw-news” in the body of the message (leave the subject line blank). Addresses for IGLHRC 1375 Sutter Street, Suite 222, San Francisco, CA 94109 Tel: (415) 561-0633, Fax: (415) 561-0619, E-mail: [email protected] IGLHRC, c/o HRW 350 Fifth Avenue, 34th Floor, New York, NY 10118-3299 Tel: (212) 216-1814, Fax: (212) 216-1876, E-mail: [email protected] Roma 1 Mezzanine, (entrada por Versalles 63) Col. -
Cape High Court, Cape Town)
IN THE HIGH COURT OF SOUTH AFRICA (Cape High Court, Cape Town) Case No. 21600/12 In the matter between: MINISTER OF POLICE First Applicant NATIONAL COMMISSIONER OF THE SOUTH AFRICAN POLICE SERVICE Second Applicant THE PROVINCIAL COMMISSIONER OF THE SOUTH AFRICAN POLICE SERVICE FOR THE WESTERN CAPE Third Applicant THE CIVILAN SECRETARIAT FOR THE POLICE SERVICE Fourth Applicant COLONEL M F REITZ Fifth Applicant BRIGADIER Z DLADLA Sixth Applicant COLONEL T RABOLIBA Seventh Applicant and THE PREMIER OF THE WESTERN CAPE First Respondent THE MEMBER OF THE EXECUTIVE COUNCIL FOR COMMUNITY SAFETY, WESTERN CAPE Second Respondent THE CITY OF CAPE TOWN Third Respondent THE HON. JUSTICE C O'REGAN N.O. Fourth Respondent ADVVPPIKOLI N.O. Fifth Respondent THE SECRETARY TO THE COMMISSION Sixth Respondent 2 ADV T SIDAKI Seventh Respondent WOMEN'S LEGAL CENTRE Eighth Respondent THE SOCIAL JUSTICE COALITION Ninth Respondent SUPPORTING AFFIDAVIT I the undersigned ABDURRAZACK ("ZACKIE") ACHMAT hereby affirm and say 1. I am an adult male resident at A536 St. Martini Garden, Queen Victoria Street, Cape Town. I am fifty years old. 2. The facts contained herein are true and correct and are within my personal knowledge unless the context indicates otherwise. 3. I have been a political activist since the age of 14. I was a co-founder and Director of the National Coalition for Gay and Lesbian Equality, Director of the AIDS Law Project, and a co-founder and chairperson of the Treatment Action Campaign (TAC). I have been co-opted to Equal Education's (EE) National Council. EE is an organisation dedicated to realising the right to decent, quality education for all. -
Stepping Back from the Edge : the Pursuit of Antiretroviral Therapy in Botswana, South Africa and Uganda
Stepping back from the edge The pursuit of antiretroviral therapy in Botswana, South Africa and Uganda UNAIDS BEST PRACTICE COLLECTION Cover photos Preparing blood samples for various tests related to antiretroviral therapy at the Botswana HIV Reference Laboratory in Gaborone, Botswana. Photographer: Jon Heusa Children attending a day care centre in Gaborone, Botswana. Photographer: The African Comprehensive HIV/AIDS Partnership (ACHAP) Treatment Action Campaign (TAC) activists’ march, Cape Town, South Africa, March 2003. Photographer: TAC volunteer UNAIDS/04.04E (English original, November 2003) Revised fi rst reprint April 2004 © Joint United Nations Programme on HIV/AIDS (UNAIDS) the legal status of any country, territory, city or area or of its 2004. authorities, or concerning the delimitation of its frontiers or boundaries. All rights reserved. Publications produced by UNAIDS can be obtained from the UNAIDS Information Centre. The mention of specifi c companies or of certain manufactur- Requests for permission to reproduce or translate ers’ products does not imply that they are endorsed or recom- UNAIDS publications—whether for sale or for noncom- mended by UNAIDS in preference to others of a similar na- mercial distribution—should also be addressed to the Information ture that are not mentioned. Errors and omissions excepted, Centre at the address below, or by fax, at +41 22 791 4187, or e- the names of proprietary products are distinguished by initial mail: [email protected]. capital letters. The designations employed and the presentation of the UNAIDS does not warrant that the information contained in material in this publication do not imply the expression of this publication is complete and correct and shall not be liable any opinion whatsoever on the part of UNAIDS concerning for any damages incurred as a result of its use.