DOCSLIB.ORG

Law, Spatiality and the Tshwane Urban Space

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
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. © University of Pretoria Summary This project focuses on the relationship between law and space. In the South African context, apartheid can be understood as a legal system that regulated material space. This system produced social relations and conditions that remain, despite the abolition of the apartheid legal system. Spatial justice captures the relationship between law and space. Looking at law from the perspective of spatial justice provides a vocabulary for explaining how spaces (as social relations) remain after laws have gone. Following feminist geographer Doreen Massey, I call for law to recognise relational space. The city of Tshwane’s lawscape provides me with three instantiations through which to investigate the spatial justice discourse. The first chapter considers the case of Schubart Park, a high-rise complex in the inner city of Tshwane. An estimated 700 families were evicted from the building complex in 2011. The constitutional court, one year later, ordered the re-instatement of the inhabitants, but the buildings still stand empty. The second chapter focuses on the city of Tshwane street names case. During 2012, a number of street names across the city were changed. The constitutional court, in 2016, handed down a judgment that brings to the surface the notions of belonging in the city. The third chapter traces the grand narrative of the municipality by analysing the mayoral speeches of the past five years and the Tshwane 2055 plan. This project hopes to contribute to the vocabulary of spatiality and spatial justice from a post-apartheid South African perspective and in particular from the vantage point of the administrative capital. © University of Pretoria Declaration of originality I, Isolde de Villiers with student number 23222795, understand what plagiarism is and I am aware of the University’s policy in this regard. I declare that this thesis is my own original work. Where other people’s work has been used, this has been properly acknowledged and referenced in accordance with departmental requirements. I have not used work previously produced by another student or any other person to hand in as my own. © University of Pretoria Contents Law, Spatiality and the Tshwane Urban Space ..................................................... 1 Summary ................................................................................................................... 2 Declaration of originality ............................................................................................. 4 Contents .................................................................................................................... 1 Chapter 1 ................................................................................................................... 5 Introduction ................................................................................................................ 5 1.1. Research problem ........................................................................................ 5 1.2. City of Tshwane/ Pretoria.............................................................................. 6 1.3. The spatial turn (in law) ................................................................................ 9 1.4. Leibniz and Lefebvre: the importance of relative space .............................. 12 1.5. Approach and methodology ........................................................................ 18 1.6. Research questions and chapter overview ................................................. 20 Chapter 2 ................................................................................................................. 23 Schubart Park: women’s voices and the right to the city .......................................... 23 2.1. Introduction .................................................................................................... 23 2.2. Schubart Park ................................................................................................ 24 2.2.1. The early history and construction of the apartment complex .................. 24 2.2.2. Court cases in the North Gauteng high court and the constitutional court 28 2.3. The right to the city ........................................................................................ 35 2.3.1. A cry and a demand ................................................................................. 36 2.3.2. The right to difference and the right to urban life ..................................... 39 2.4. Inhabitance and Habitat ................................................................................ 49 2.4.1. Dwelling and the shift from habitat to inhabitance .................................... 50 2.4.2. The politics of inhabitance and the violence of habitat ............................. 55 2.5. Schubart Park as a gendered space .............................................................. 57 1 © University of Pretoria 2.5.1. Throwntogetherness as gendered space ................................................. 60 2.5.2. Auntie N and Mama R ............................................................................. 65 2.5.3. Relational space and rights as relationships ............................................ 67 2.5.4. Radical geography and/ as feminist critique ............................................ 75 2.6. The everyday as gendered and tactics as practices of everyday life ............. 77 2.6.1. Tactics and the everyday in Schubart Park.............................................. 77 2.6.2. Lefebvre De Certeau and Butler on the everyday .................................... 78 2.6.3. Maphango ................................................................................................ 81 2.7. Time-space / Space-Time and the Schubart Park case’s courts as chronotopes .............................................................................................................................. 93 2.7.1. Chronotope as timespace and courts as chronotopes ............................. 94 2.7.2. Time-space-compression....................................................................... 100 2.7.3. Pacha .................................................................................................... 101 2.8. Conclusion ................................................................................................... 102 Chapter 3 ............................................................................................................... 104 Drawing lines: street names, mapping and a sense of belonging .......................... 104 3.1. Introduction .................................................................................................. 104 3.2. Street names: cases overview ..................................................................... 107 3.2.1. 2012 case in the North Gauteng high court ........................................... 107 3.2.2. 2013 case and 2015 appeal in the North Gauteng high court ................ 109 3.2.3. Constitutional court case........................................................................ 115 3.3. Belonging ..................................................................................................... 121 3.3.1. Belonging as a culture of place .............................................................. 122 3.3.2. A sense of belonging and/ as genius loci (spirit of place) ...................... 126 3.3.3. Belonging as home and place as fluid ................................................... 134 3.3.4. Belonging and relationality ..................................................................... 141 3.4. Mapping ....................................................................................................... 157 2 © University of Pretoria 3.4.1. The rise and power of cartography ........................................................ 158 3.4.2. Drawing lines differently – mapping, tracing, humility ...........................
Load more

Recommended publications
  • Have You Heard from Johannesburg?
    Discussion Have You Heard from GuiDe Johannesburg Have You Heard Campaign support from major funding provided By from JoHannesburg Have You Heard from Johannesburg The World Against Apartheid A new documentary series by two-time Academy Award® nominee Connie Field TABLE OF CONTENTS Introduction 3 about the Have you Heard from johannesburg documentary series 3 about the Have you Heard global engagement project 4 using this discussion guide 4 filmmaker’s interview 6 episode synopses Discussion Questions 6 Connecting the dots: the Have you Heard from johannesburg series 8 episode 1: road to resistance 9 episode 2: Hell of a job 10 episode 3: the new generation 11 episode 4: fair play 12 episode 5: from selma to soweto 14 episode 6: the Bottom Line 16 episode 7: free at Last Extras 17 glossary of terms 19 other resources 19 What you Can do: related organizations and Causes today 20 Acknowledgments Have You Heard from Johannesburg discussion guide 3 photos (page 2, and left and far right of this page) courtesy of archive of the anti-apartheid movement, Bodleian Library, university of oxford. Center photo on this page courtesy of Clarity films. Introduction AbouT ThE Have You Heard From JoHannesburg Documentary SEries Have You Heard from Johannesburg, a Clarity films production, is a powerful seven- part documentary series by two-time academy award® nominee Connie field that shines light on the global citizens’ movement that took on south africa’s apartheid regime. it reveals how everyday people in south africa and their allies around the globe helped challenge — and end — one of the greatest injustices the world has ever known.
    [Show full text]
  • Malibongwe Let Us Praise the Women Portraits by Gisele Wulfsohn
    Malibongwe Let us praise the women Portraits by Gisele Wulfsohn In 1990, inspired by major political changes in our country, I decided to embark on a long-term photographic project – black and white portraits of some of the South African women who had contributed to this process. In a country previously dominated by men in power, it seemed to me that the tireless dedication and hard work of our mothers, grandmothers, sisters and daughters needed to be highlighted. I did not only want to include more visible women, but also those who silently worked so hard to make it possible for change to happen. Due to lack of funding and time constraints, including raising my twin boys and more recently being diagnosed with cancer, the portraits have been taken intermittently. Many of the women photographed in exile have now returned to South Africa and a few have passed on. While the project is not yet complete, this selection of mainly high profile women represents a history and inspiration to us all. These were not only tireless activists, but daughters, mothers, wives and friends. Gisele Wulfsohn 2006 ADELAIDE TAMBO 1929 – 2007 Adelaide Frances Tsukudu was born in 1929. She was 10 years old when she had her first brush with apartheid and politics. A police officer in Top Location in Vereenigng had been killed. Adelaide’s 82-year-old grandfather was amongst those arrested. As the men were led to the town square, the old man collapsed. Adelaide sat with him until he came round and witnessed the young policeman calling her beloved grandfather “boy”.
    [Show full text]
  • Economic Ascendance Is/As Moral Rightness: the New Religious Political Right in Post-Apartheid South Africa Part
    Economic Ascendance is/as Moral Rightness: The New Religious Political Right in Post-apartheid South Africa Part One: The Political Introduction If one were to go by the paucity of academic scholarship on the broad New Right in the post-apartheid South African context, one would not be remiss for thinking that the country is immune from this global phenomenon. I say broad because there is some academic scholarship that deals only with the existence of right wing organisations at the end of the apartheid era (du Toit 1991, Grobbelaar et al. 1989, Schönteich 2004, Schönteich and Boshoff 2003, van Rooyen 1994, Visser 2007, Welsh 1988, 1989,1995, Zille 1988). In this older context, this work focuses on a number of white Right organisations, including their ideas of nationalism, the role of Christianity in their ideologies, as well as their opposition to reform in South Africa, especially the significance of the idea of partition in these organisations. Helen Zille’s list, for example, includes the Herstigte Nasionale Party, Conservative Party, Afrikaner People’s Guard, South African Bureau of Racial Affairs (SABRA), Society of Orange Workers, Forum for the Future, Stallard Foundation, Afrikaner Resistance Movement (AWB), and the White Liberation Movement (BBB). There is also literature that deals with New Right ideology and its impact on South African education in the transition era by drawing on the broader literature on how the New Right was using education as a primary battleground globally (Fataar 1997, Kallaway 1989). Moreover, another narrow and newer literature exists that continues the focus on primarily extreme right organisations in South Africa that have found resonance in the global context of the rise of the so-called Alternative Right that rejects mainstream conservatism.
    [Show full text]
  • FW De Klerk Foundation Conference on Uniting Behind the Constitution
    FW de Klerk Foundation Conference on Uniting Behind the Constitution 2nd February 2013 DR HOLGER DIX, RESIDENT Representative OF THE KONRAD Adenauer Foundation FOR SOUTH Africa, AND FORMER PRESIDENT FW DE KLERK. On Saturday, 2 February 2013, the FW de Klerk Foundation hosted a successful conference at the Protea Hotel President in Bantry Bay, Cape Town. Themed “Uniting Behind the Constitution” and held in conjunction with the Konrad Adenauer Foundation, the conference was well attended by members of the public and a large press contingent. The speakers included thought leaders from civil society, business, academia and politics. This publication is a compendium of speeches presented on the day (speeches were transcribed from recordings), each relating to an important facet of the South African Constitution. Each speech was followed by a lively panel discussion, and panelists included: Dr Lucky Mathebula (board member of the FW de Klerk Foundation), John Kane-Berman (CEO of the South African Institute for Race Relations), Adv Paul Hoffman (Director of the Southern African Institute for Accountability), Adv Johan Kruger (Director of the Centre for Constitutional Rights), Dr Theuns Eloff (Vice-Chancellor of North-West University), Adv Johan Kruger SC (Acting Judge and board member of the FW de Klerk Foundation), Michael Bagraim (President of the Cape Chamber of Commerce), Prince Mangosuthu Buthelezi (Leader of the IFP) and Paul Graham (Executive Director of the Institute for Democracy in South Africa). UpholdingCelebrating Diversity South
    [Show full text]
  • Afrikaner Values in Post-Apartheid South Africa: an Anthropological Perspective
    AFRIKANER VALUES IN POST-APARTHEID SOUTH AFRICA: AN ANTHROPOLOGICAL PERSPECTIVE WRITTEN BY: JAN PETRUS VAN DER MERWE NOVEMBER 2009 ii AFRIKANER VALUES IN POST-APARTHEID SOUTH AFRICA: AN ANTHROPOLOGICAL PERSPECTIVE BY JAN PETRUS VAN DER MERWE STUDENT NUMBER: 2005076118 This thesis/dissertation was submitted in accordance with the conditions and requirements for the degree of: Ph.D. in the Faculty of the Humanities Department of Anthropology University of the Free State Bloemfontein Supervisor: Prof. P.A. Erasmus Department of Anthropology University of the Free State Bloemfontein iii DECLARATION I, Jan Petrus van der Merwe, herewith declare that this thesis, which was submitted in fulfilment of the requirements pertaining to my doctorate in Anthropology at the University of the Free State, is my own independent work. Furthermore, I declare that this thesis has never been submitted at any other university or tertiary training centre for academic consideration. In addition, I hereby cede all copyright in respect of my doctoral thesis to the University of the Free State. .............................................................. ................................... JAN PETRUS VAN DER MERWE DATUM iv INDEX DESCRIPTION PAGE PREAMBLE 1 CHAPTER ONE: INTRODUCTION 5 1.1 Problem statement and objectives 5 1.2 Clarification of concepts 7 1.2.1 Values as an aspect of culture 7 1.2.2 Values as identity 11 1.2.3 Values as narrative 14 1.2.4 Religion values as part of Afrikaner identity 16 1.2.5 Values as morality 17 1.2.6 Culture and identification
    [Show full text]
  • AK2117-J2-3-C102-001-Jpeg.Pdf
    ^m - fc V , m ■*. V C 0 JSITENTJ 5 Note: This booklet 1n It s present form 1s not complete but ha< hAnn SS*El?,e t0 y0U “ th,S P01"‘ 1" 1. Declaration of the United Democratic Front 2. UDF National Executive Coimrittee 3. UDF Regional Executive Committees 4. Statement of the UDF National General Council 5. Secretarial Report 6. Working Principles 7. Resolutions: Detentions and Treason Trial Banning of the UDF and A ffiliates in the Bantustans UDF International Relations Trade Unions- - — * — . Unemployment Forced Removals Rural Areas Militarisation (• Women ' Black Local Authorities Tricameral Parliament and Black Forum ) - Citizenship Imperialism Imperialism USA International Year of the Youth Education Namibia * New Zealand Rugby Tour 3 Declaration of the United Democratic Front We. the freedom loving people of South Africa, say with one voice to tbe whole worio that we • cherish the vision o f a united. demooaU . South A fno based on the wa of the people. • wa strive for the unity of a l people am «h united • the cpprKs^andesploitation °f w om en w a con- > onue. Women wil suffer greater rurdshcn under me acfonagamsttheevasof apartheid, econaac and al mw other forms of e«*xoOon ^ WomefV wtf be (Evicted from their ctwW* fen md fjmftes. P iw iy snd malnutrition wfli continue Ana. In our march to a free and Job South Africa, we are guided by these noble £ S J S t ^ ti & bnn'* *wh6fl**'■** Ideals *Sr Potion of a true deecracv In which a i South Africans W participate h a t govern- ment of our councrr.
    [Show full text]
  • Relocation, Relocation, Marginalisation: Development, and Grassroots Struggles to Transform Politics in Urban South Africa
    Photos from: Abahlali baseMjondolo website: www.abahlali.org and Fifa website: Relocation,http://www.fifa.com/worldcup/organisation/ticketing/stadiums/stadium=5018127/ relocation, marginalisation: development, and grassroots struggles to transform politics in urban south africa. 1 Dan Wilcockson. An independent study dissertation, submitted to the university of derby in partial fulfilment of requirements for the degree of bachelor of science. Single honours in third world development. Course code: L9L3. March 2010 Relocation, relocation, marginalisation: development, and grassroots struggles to transform politics in urban south africa. Abstract 2 Society in post-apartheid South Africa is highly polarised. Although racial apartheid ended in 1994, this paper shows that an economic and spatial apartheid is still in place. The country has been neoliberalised, and this paper concludes that a virtual democracy is in place, where the poor are excluded from decision-making. Urban shack-dwellers are constantly under threat of being evicted (often illegally) and relocated to peri-urban areas, where they become further marginalised. The further away from city centres they live, the less employment and education opportunities are available to them. The African National Congress (ANC) government claims to be moving the shack-dwellers to decent housing with better facilities, although there have been claims that these houses are of poor quality, and that they are in marginal areas where transport is far too expensive for residents to commute to the city for employment. The ANC is promoting ‘World Class Cities’, trying to facilitate economic growth by encouraging investment. They are spending much on the 2010 World Cup, and have been using the language of ‘slum elimination’.
    [Show full text]
  • Budget Speech
    TENTH CITY OF TSHWANE BUDGET VOTE BY THE EXECUTIVE MAYOR OF TSHWANE, DR GWEN RAMOKGOPA, COUNCIL CHAMBER, 20 MAY 2010, AT 10:00 Theme: Reaffirming the Freedom Charter 55 years on The Speaker, Cllr Smangaliso Mkhatshwa; Chief Whip of Council, Cllr Terence Mashego; Members of the Mayoral Committee; Leaders of Political Parties; Councillors, in particular newly elected Cllr Marobane of Ward 74; Acting City Manager and Officials of the City of Tshwane; Residents of Tshwane; Members of the Media; Honoured Guests; Ladies and Gentlemen; Dumelang! As we count down the 21 days to the FIFA spectacular, we also say "Feel it, it is here" – Afrika ke nako! It is my single honour to present to this house, the Council meeting of the City of Tshwane, the Integrated Development Plan, the Medium-term Expenditure Framework and the budget for the 2010/11 financial year. We meet today fresh from hosting a successful 11th Gauteng Provincial Conference of the ANC under the theme "Unity, service and renewal – a 1 clarion call for action towards the ANC Centenary". While we fully recognise and respect the multiparty character of our democracy, we as the ANC remain humbled by the trust bestowed on our movement by the overwhelming majority of South Africans, especially those who in the words of Simón Bolívar are "ever hopeful of rescue"' from poverty and underdevelopment. It is in the context of this trust that we will continue to foster the unity of all South Africans behind our historic mission to liberate all our people, black and white, men and women, from all forms of oppression, discrimination and exploitation.
    [Show full text]
  • 1 the Functions of Public Art in Post-Apartheid South
    THE FUNCTIONS OF PUBLIC ART IN POST-APARTHEID SOUTH AFRICA Annette Sophia Pretorius A research report submitted to the Faculty of Arts, University of the Witwatersrand, Johannesburg, in fulfillment of the requirements for the degree of Master of Arts Johannesburg, 2006 1 ABSTRACT The aim of this research report is to explore the extent to which public art in post- apartheid, democratic South Africa may contribute both to urban regeneration and nation building as well as the extent to which contemporary African monumental public art could reflect African heritage and traditions (Nettleton 2003:3). Another issue that is explored is the role of patronage in determining the function of public art in post-apartheid South Africa. Case studies in the form of two examples of post-apartheid public, namely the Freedom Park and the Constitution Hill projects art are used to explore the functions of public art in South Africa. In summary this research report therefore analyses: • The nature and function of public art-historical issues; • The practical issues affecting the production of public art in post-apartheid South Africa; • The socio-political factors that mitigate for or against the ability of public art to function effectively in the post-apartheid South African context; and • How these functions feed into the broader issues of making a contribution in a demographically complex, post-apartheid South Africa. 2 Declaration I declare that this research report is my own unaided work. It is submitted for the degree of Master of Arts in the University of the Witwatersrand, Johannesburg. It has not been submitted before for any other degree or examination in any other university.
    [Show full text]
  • Region 5: Regional Integrated Development Plan 2014-15
    REGION 5: REGIONAL INTEGRATED DEVELOPMENT PLAN 2014-15 1 REGIONAL INTEGRATED DEVELOPMENT PLAN: REGION 5 CONTENTS 1 INTRODUCTION ................................................................................................ 7 2 SITUATIONAL OVERVIEW ............................................................................... 8 2.1 Socio-Economic Profile ...................................................................................... 9 2.1.1 Population Size and Composition ................................................................ 9 2.1.2 Levels of Education ................................................................................... 10 2.1.3 Employment ............................................................................................... 11 2.1.4 Accommodation ......................................................................................... 12 2.2 Spatial Characteristics ..................................................................................... 13 2.2.1 Main Components ..................................................................................... 13 2.2.2 Regional Characteristics ............................................................................ 14 2.3 SWOT Analysis ................................................................................................ 15 3 STRATEGIC DIRECTION ................................................................................ 16 3.1 City of Tshwane Vision and Mission ................................................................
    [Show full text]
  • Sechaba, Vol. 1, No. 5
    Sechaba, Vol. 1, No. 5 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/. Page 1 of 22 Alternative title Sechaba Author/Creator African National Congress (ANC) Contributor Nkosi, Mandla Publisher African National Congress (Dar es Salaam, Tanzania) Date 1967-05 Resource type Journals (Periodicals) Language English Subject Coverage (spatial) South Africa Coverage (temporal) 1967 Source Digital Imaging South Africa (DISA) Rights By kind permission of the African National Congress (ANC). Format extent 20 page(s) (length/size) Page 2 of 22 ;(0%( 141CO31of the African of South Africah~`4_ Page 3 of 22 THEY ARE NOT AFRAIDPen Portraits of Freedom FightersWILTON MKWAYIBorn into a peasant family in Middlesdrift in the Eastern Cape, Wilton had little opportunity for education.
    [Show full text]
  • See the Sights, Hear the Sounds TSHWANE EXPERIENCE BUCKET LIST the CAPITAL EXPERIENCES DISCOVER THINGS to ESSENTIAL ADVENTURE TRAVEL INFO ACTIVITIES SEE & DO
    A VISITORS’ GUIDE See the sights, hear the sounds TSHWANE EXPERIENCE BUCKET LIST THE CAPITAL EXPERIENCES DISCOVER THINGS TO ESSENTIAL ADVENTURE TRAVEL INFO ACTIVITIES SEE & DO discovertshwane.com @DISCOVERTSHWANE www.DiscoverTshwane.com - 4 - CONTENTS Experience Discover Jacaranda the Capital 6 our Gems16 City 20 Adventure Things To Bucketlist Activities18 See and Do30 Experiences38 -8- -9- -10- -12- -22- About City of Map of Essential Discover Tshwane Wonders Tshwane Travel Info Mamelodi -27- -46- -48- -52- -54- Tshwane Tshwane Taste of Travelling 10 Reasons Neighbourhoods on a Budget Tshwane in Tshwane to invest in Tshwane DISCOVER TSHWANE - 5 - FOREWORD GREETINGS FROM THE CAPITAL CITY! Welcome to our very first issue Immerse yourself in Tshwane’s of the Discover Tshwane visitors’ diverse tourism experiences and guide, the go-to magazine that then begin planning your next trip provides visitors with information on to our warm, vibrant and welcoming the City of Tshwane and its tourism city. offering. For more comprehensive Many people always ask what information about our destination, makes our city & region different, please access our website on: the answer to that question lies discovertshwane.com or get in touch in-between the covers of this with us through #discovertshwane magazine. on Facebook, Instagram or Twitter. It is full of great tips and ideas Enjoy your time in the City of that will help you maximize your Tshwane! experience of Tshwane when you get to visit. Through it, you will fall in love with our rich natural, cultural Immerse yourself and heritage resources, a number of in Tshwane’s beautiful buildings and attractions - “ from Church Square to the Palace of diverse tourism Justice, The Voortrekker Monument, experiences.
    [Show full text]