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Appointments to South Africa's Constitutional Court Since 1994
Durham Research Online Deposited in DRO: 15 July 2015 Version of attached le: Accepted Version Peer-review status of attached le: Peer-reviewed Citation for published item: Johnson, Rachel E. (2014) 'Women as a sign of the new? Appointments to the South Africa's Constitutional Court since 1994.', Politics gender., 10 (4). pp. 595-621. Further information on publisher's website: http://dx.doi.org/10.1017/S1743923X14000439 Publisher's copyright statement: c Copyright The Women and Politics Research Section of the American 2014. This paper has been published in a revised form, subsequent to editorial input by Cambridge University Press in 'Politics gender' (10: 4 (2014) 595-621) http://journals.cambridge.org/action/displayJournal?jid=PAG Additional information: Use policy The full-text may be used and/or reproduced, and given to third parties in any format or medium, without prior permission or charge, for personal research or study, educational, or not-for-prot purposes provided that: • a full bibliographic reference is made to the original source • a link is made to the metadata record in DRO • the full-text is not changed in any way The full-text must not be sold in any format or medium without the formal permission of the copyright holders. Please consult the full DRO policy for further details. Durham University Library, Stockton Road, Durham DH1 3LY, United Kingdom Tel : +44 (0)191 334 3042 | Fax : +44 (0)191 334 2971 https://dro.dur.ac.uk Rachel E. Johnson, Politics & Gender, Vol. 10, Issue 4 (2014), pp 595-621. Women as a Sign of the New? Appointments to South Africa’s Constitutional Court since 1994. -
South African Artists at the Constitutional Court of South Africa
UNIVERSITY OF CALIFORNIA Los Angeles Decoding Memories: South African Artists at the Constitutional Court of South Africa A thesis submitted in partial satisfaction of the requirements for the degree of Master of Arts in African Studies by Mary Ann Braubach 2017 © Copyright by Mary Ann Braubach 2017 ABSTRACT OF THESIS Decoding Memories: South African Artists at the Constitutional Court of South Africa by Mary Ann Braubach Master of Arts in African Studies University of California, Los Angeles, 2017 Professor William H. Worger, Chair This paper examines the decoding of the memory of apartheid and post apartheid years of South Africa’s recent history. And it contextualizes how the struggle influenced the visual arts. Also analyzed are the history of the Constitution and Constitutional Court of South Africa. It interrogates the formation of the Constitutional Court art collection. by Justices Albie Sachs and Yvonne Mokgoro for the yet-to-be-constructed Constitutional Court building in Johannesburg. Many donated artworks are responsive both to the anti- apartheid struggles and also to the new democracy. The essay also examines the underlying politic that now hangs in the Constitutional Court building. Select works, that function as signifiers of the new Constitution, are examined. I draw on interviews with South African artists, Court Justices and curators to investigate the role of memory, the archeology of the site, and the significance of the collection to the artists, the Justices, and citizens of South Africans twenty years post apartheid. -
1 Transcript Johann Kriegler Interview with Johann Kriegler, 2 February
Interview with Johann Kriegler, 2 February 2016, Johannesburg (based on notes) Interaction with Mandela around the 1994 elections TT What interaction did you have with Nelson Mandela in the context of the 1994 elections? JK My first contact with Mandela was a phone call fairly early on encouraging me in the work of administering the election, saying that he and the party realised that there were difficulties, and I should know that I had the support of the party and its confidence. Mandela would call personally, unlike the usual CEO, whose PA calls you to say the CEO would like to speak to you and then you wait for the CEO. My first face-to-face meeting with Mandela was at a full meeting of the TEC [Transitional Executive Council] presided over by De Klerk four to five weeks before the election. It was a general TEC meeting with reports from various sub- councils. In mid-April there was a TEC meeting at which Mandela was present where I reported on a meeting with the IFP. There was at one point talk of a boycott of the elections by the ZCC [Zion Christian Church]. At that time there were several threats of boycott: IFP, Bophuthatswana, Ciskei, and the right wing. I went to meet with Bishop Lekganyane to persuade him to support the process, before Easter. He said that he had invited the leaders of all parties to attend the Easter celebration at Moria to set the right tone for the election, which seemed to imply that he would be encouraging participation At the Easter meeting I sat in the church next to Mandela for two hours. -
Inkanyiso OFC 8.1 FM.Fm
21 The suppression of political opposition and the extent of violating civil liberties in the erstwhile Ciskei and Transkei bantustans, 1960-1989 Maxwell Z. Shamase 1 Department of History, University of Zululand [email protected] This paper aims at interrogating the nature of political suppression and the extent to which civil liberties were violated in the erstwhile Ciskei and Transkei. Whatever the South African government's reasons, publicly stated or hidden, for encouraging bantustan independence, by the time of Ciskei's independence ceremonies in December 1981 it was clear that the bantustans were also to be used as a more brutal instrument for suppressing opposition. Both Transkei and Ciskei used additional emergency-style laws to silence opposition in the run-up to both self- government and later independence. By the mid-1980s a clear pattern of brutal suppression of opposition had emerged in both bantustans, with South Africa frequently washing its hands of the situation on the grounds that these were 'independent' countries. Both bantustans borrowed repressive South African legislation initially and, in addition, backed this up with emergency-style regulations passed with South African assistance before independence (Proclamation 400 and 413 in Transkei which operated from 1960 until 1977, and Proclamation R252 in Ciskei which operated from 1977 until 1982). The emergency Proclamations 400, 413 and R252 appear to have been retained in the Transkei case and introduced in the Ciskei in order to suppress legal opposition at the time of attainment of self-government status. Police in the bantustans (initially SAP and later the Transkei and Ciskei Police) targeted political opponents rather than criminals, as the SAP did in South Africa. -
K Malan REASSESSING JUDICIAL INDEPENDENCE and IMPARTIALITY AGAINST the BACKDROP of JUDICIAL APPOINTMENTS in SOUTH AFRICA
Author: K Malan REASSESSING JUDICIAL INDEPENDENCE AND IMPARTIALITY AGAINST THE BACKDROP OF JUDICIAL APPOINTMENTS IN SOUTH AFRICA ISSN 1727 -3781 2014 VOLUME 17 No 5 http://dx.doi.org/10.4314/pelj.v17i5.05 K MALAN PER / PELJ 2014(17)5 REASSESSING JUDICIAL INDEPENDENCE AND IMPARTIALITY AGAINST THE BACKDROP OF JUDICIAL APPOINTMENTS IN SOUTH AFRICA K Malan 1 Introduction Two decades ago, in 1994, South Africa formalised the first stride of its constitutional transition when the Interim Constitution1 came into force. Two years later the Interim Constitution was replaced by the so-called final Constitution, which came into force in February 1997 and is often praised as one of the best constitutions in the world. The Constitution is the supreme law of the country and provides for a strikingly wide purview of judicial review,2 probably an important reason why it is held in such high esteem.3 The courts in South Africa are assigned powers to review and to declare administrative and executive conduct, as well as legislation, in all spheres of government, unconstitutional and invalid. Such extensive powers should make them more powerful than the judiciaries in most other jurisdictions. The Constitutional Court is the apex court in relation to all constitutional matters and in a number of constitutional issues it exercises exclusive jurisdiction. It may also exercise appeal jurisdiction in relation to matters not constitutional in nature on the grounds that a matter raises an arguable point of law of general public importance. Except for this particular power, the Supreme Court of Appeal (SCA) is the highest court in all matters not of a constitutional nature and also has sweeping jurisdiction in constitutional matters, with a few exceptions which fall within the exclusive jurisdiction of the Constitutional Court. -
Race Relations
file:///G|/ProjWip/Products/Omalley/Tim/04%20Transition/T_SAIRR%201990-1994/SAIRR%20Survey%201992-93.HTM RACE RELATIONS SURVEY 1992/93 CAROLE COOPER ROBIN HAMILTON HARRY MASHABELA SHAUN MACKAY ELIZABETH SIDIROPOLOUS CLAIRE GORDON-BROWN STUART MURPHY COLETANE MARHKAM Research staff South African Institute of Race relations SOUTH AFRICAN INSTITUTE OF RACE RELATIONS JOHANNESBURG 1993 Published by the South African Institute of Race Relations Auden House, 68 De Korte Street file:///G|/ProjWip/Products/Omalley/Tim/04%20Tra...T_SAIRR%201990-1994/SAIRR%20Survey%201992-93.HTM (1 of 914)25/11/2004 15:17:41 PM file:///G|/ProjWip/Products/Omalley/Tim/04%20Transition/T_SAIRR%201990-1994/SAIRR%20Survey%201992-93.HTM Braamfontein, Johannesburg. 2001 South Africa Copyright South African Institute of Race Relations 1993 ISSN 0258-7246 PD4/93 ISBN 0-86982-427-9 Members of the media are free to reprint or report information either in whole or in part, contained in this publication on the strict understanding that the South African Institute of Race Relations is acknowledged. Otherwise, no part of this publication maybe reproduced, stored in a retrieval system or transmitted in any form or by any means, electrical, mechanical, photocopy, recording or otherwise, without the prior permission of the publisher. ACKNOWLEDGEMENTS The writers of this Survey wish to thank all those who assisted in producing this volume. We are indebted to all those who provided information, among them various organisations, trade unions, companies, government officials, officials of political parties, members of Parliament, academics and other researchers. We wish to thank the Institute’s production co-ordinator, Mrs Carol McCutcheon, for her work in style editing, liaising with the printers and production. -
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198 Broadway Now York, N.Y. 10038 0 (212) 962-1210 Tilden J. LeMeile, Chairman 198 Broadway Now York, N.Y. 10038 0 (212) 962-1210 Tilden J. LeMeile, Chairman Jennifer Davis, Executive Director MEMORANDUM TO: Key Contacts FROM: Jennifer Davis, Executive Director DATE: September 9, 1992 Ciskei, Boipatong, Empangeni, Sharpeville, Meadowlands, Swanievilie, Sebokeng. in the "New South Africa" ofF.W. De Klerk, the list of atrocities goes on and on. You all know the statistics -nearly 8,000 people dead since the "reformist" De Klerk began his bloody reign of terror, with tens of thousands more wounded. driven from their homes, gripped by hopelessness and fear. For months the white minority regime, aided and abetted by a willing Western press, passed off this concerted attack on the freedom movement as "Black on Black Violence." Now, with hard evidence of government complicity in the violence mounting, ihe misinfoi mers are trying a new tactic-blaming the victim. Increasingly, it is the ANC which is being blamed for the massacre in Ciskei. The movement, so the argument goes, knew full well that Pretoria's bantustan surrogate, Oupa Gqozo, would turn his apartheid-armed, led and financed army on the marchers, and should have called off the protest. According to this distorted logic, Black persons daring to exercise their right of peaceful assembly and protest have only themselves to blame if soldiers under the command of a South African Defence Force Brigadier mow them down without warning with machine guns. The ANC, said apartheid police minister Hernus Kriel, "had fair warnirg," of the massacre, and was therefore at fault. -
The Planned Destruction of 'Black' Agriculture
The planned destruction of ‘black’ agriculture Hubert Cochet To cite this version: Hubert Cochet. The planned destruction of ‘black’ agriculture. South Africa’s Agrarian question, HSRC Press, p.12-27, 2015. hal-01375797 HAL Id: hal-01375797 https://hal.archives-ouvertes.fr/hal-01375797 Submitted on 18 Jun 2020 HAL is a multi-disciplinary open access L’archive ouverte pluridisciplinaire HAL, est archive for the deposit and dissemination of sci- destinée au dépôt et à la diffusion de documents entific research documents, whether they are pub- scientifiques de niveau recherche, publiés ou non, lished or not. The documents may come from émanant des établissements d’enseignement et de teaching and research institutions in France or recherche français ou étrangers, des laboratoires abroad, or from public or private research centers. publics ou privés. The planned destruction of ‘black’ agriculture 1 Hubert Cochet For those familiar with agriculture in sub-Saharan Africa, travelling in the former homelands of South Africa elicits surprise. How is it that this densely populated countryside, dotted with rural settlements created by the forced removal policy under apartheid, is left uncultivated, largely abandoned to bush and underused? The landscape is characterised by very few livestock, evidence of erosion despite extensive woody vegetation and occasional signs of farming. Following on from 1994, when researchers, academics and the development community began reflecting on the future of these lands and how to revive ‘black’ agriculture, there is now a need to understand the historic and contemporary factors that have led to the massive abandonment of agricultural activities (Cochet 1998). How did the formerly vibrant production systems that once covered these lands die off, to the point that the landscape is now dominated by marginally used lands, even though rural population density is higher than ever? Reconstituting the steps and processes underlying this planned destruction is a prerequisite to any attempt at reconstruction. -
The Rise and Fall of the Ciskei Homeland and Bantustan Leadership, 1972–1994
Article The Rise and Fall of the Ciskei Homeland and Bantustan Leadership, 1972–1994 Fezile Cindi Independent Researcher, South Africa [email protected] Abstract In this article, I grapple with notions of celebration, commemoration, and leadership as narratives of memory, in the Ciskei Bantustan in particular. The aim of the article is to get readers to remember and reflect on our past, in order to understand the present. The article also focuses on the history of the Ciskei homeland, its leadership values, and role of traditional leaders, rural development, legislative imperatives, and the impact of the policy of separate development, as well as the coups, suppression, torture and killings that happened between 1972 and 1994. Keywords: Bantustan; Ciskei; homeland; leadership Introduction I am not afraid of an army of lions led by a sheep, I am afraid of an army of sheep led by a lion. (Alexander the Great) In this article, I grapple with notions of celebration, commemoration, and leadership as narratives of memory, in the Ciskei Bantustan in particular. The aim of the article is to get readers to remember and reflect on our past in order to understand the present. The article also focuses on the history of the Ciskei homeland and its leadership values, and it touches on the role of traditional leaders, rural development, legislative imperatives, the policy of separate development, as well as the coups, torture, oppression, and killings that happened between 1972 and 1994. The Ciskei Bantustan in the Eastern Cape was formed to serve as an enclave for Xhosa- speaking people in South Africa, as part of the policy of racial segregation, following the constitution of the Republic of South Africa in May 1961. -
Apartheid Legislation in South Africa
Ralph Glücksmann Apartheid Legislation in South Africa I. Introduction On 31 May 1910 the Union of South Africa was formed as a dominion in the British Empire. It was exactly eight years after the signing of the Treaty of Vereeniging, which had brought the Second Anglo-Boer War to an end and stipulated full British sovereignty over the Boer republics of Transvaal and Orange Free State. Although the South Africa Act 1909 (9 Edw. VII c. 9) was passed by the British Parliament at Westminster, it was wholly constructed by South African representatives in South Africa. Agreement had not been reached without acrimony, and there were times when it seemed that the national convention of representatives of the four colonies Cape, Natal, Transvaal and Orange River might break up among recriminations. Das Kap wurde 1806 britische Kolonie. Davor war das Kap eine niederländische Kolonie, gegründet von der Niederländischen Ostindien-Kompanie (Vereenigde Oostindische Compagnie), die vom niederländischen Staat Hoheitsrechte erhalten hatte. Als die Niederlande 1795 im Zuge des ersten Koalitionskrieges von Frankreich be- setzt wurden, nutzten die Briten eine Rebellion in der Kapkolonie, um diese unter ihre Herrschaft zu bringen und den Franzosen zuvorzukommen. 1803 zogen sich die Briten nach dem Frieden von Amiens zunächst wieder zu- rück und überließen das Kap der Batavischen Republik als Rechtsnachfolgerin der 1798 aufgelösten Niederlän- dischen Ostindien-Kompanie. Bereits 1806 annektierte Großbritannien nach der Schlacht von Blauberg die Kap- kolonie jedoch endgültig, nachdem die napoleonischen Kriege in Europa wieder aufgeflammt waren. 1815 wur- de die Abtretung an das britische Kolonialreich auf dem Wiener Kongress von den Niederlanden bestätigt, die als Kompensation die früheren Österreichischen Niederlande erhielten. -
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6 A Violence of History Accounting for AIDS in Post-apartheid South Africa Didier Fassin I will come and claim you from bones and bullets and violence and AIDS.—Antje Krog, letter-poem “Lullaby for Ntombizana Atoo” On 9 July 2000, the opening day of the Thirteenth International AIDS Conference in Durban, a heated debate broke out in South Africa. The controversy was not over President Thabo Mbeki’s association with Californian dissident circles (Fujimora and Chou 1994), nor his support for the theory that AIDS was caused by poverty rather than of viral origin, nor his claims that antiretroviral drugs were ineffective and toxic (Schneider 2002)—all issues that were already the subject of bitter polemic both within and beyond South Africa (Fassin 2003). On this historic day, the first time an international meeting on AIDS had been held in a Third World city, the argument centered on mortality statistics. The South African Medical Research Council (MRC) had just pub- lished figures on deaths in the country, comparing the data for 1990 and 1999. Over the decade, not only had the number of deaths risen dramati- cally, but also the age profile had changed markedly. The Sunday Times headline on 9 July 2000 (figure 6.1) read, “Young people are dying before their parents.” Malegapuru William Magkoba, director of the MRC and famous within the international scientific community for his condemna- tion of Thabo Mbeki’s heterodoxy, said: “If we had been involved in a major war, that would be the only other thing that could explain the high numbers of young men and young women who are dying in our country” and, because South Africa was at peace, “It can only be explained by the Copyrighted Material SAR Press 113 Didier Fassin Figure 6.1 The violence of statistics. -
Committed to Unity
Committed to Unity: South Africa’s Adherence to Its 1994 Political Settlement Paul Graham IPS Paper 6 Abstract This paper reviews the commitment of the remaining power contenders and other political actors to the settlement which was reached between 1993 and 1996. Based on interviews with three key actors now in opposing political parties represented in the National Assembly, the paper makes the case for a continued commitment to, and consensus on, the ideals and principles of the 1996 Constitution. It provides evidence of schisms in the dominant power contender (the African National Congress) which have not led to a return in political violence post-settlement. The paper makes the point that, while some of this was the result of President Nelson Mandela’s presence, more must be ascribed to the constitutional arrangements and commitments of the primary political actors and the citizens of South Africa. © Berghof Foundation Operations GmbH – CINEP/PPP 2014. All rights reserved. About the Publication This paper is one of four case study reports on South Africa produced in the course of the collaborative research project ‘Avoiding Conflict Relapse through Inclusive Political Settlements and State-building after Intra-State War’, running from February 2013 to February 2015. This project aims to examine the conditions for inclusive political settlements following protracted armed conflicts, with a specific focus on former armed power contenders turned state actors. It also aims to inform national and international practitioners and policy-makers on effective practices for enhancing participation, representation, and responsiveness in post-war state-building and governance. It is carried out in cooperation with the partner institutions CINEP/PPP (Colombia, Project Coordinators), Berghof Foundation (Germany, Project Research Coordinators), FLACSO (El Salvador), In Transformation Initiative (South Africa), Sudd Institute (South Sudan), Aceh Policy Institute (Aceh/Indonesia), and Friends for Peace (Nepal).