No. 559, September 183, 1992
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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. -
A Contract Theory of Academic Freedom
Saint Louis University Law Journal Volume 59 Number 2 Current Issues in Education Law Article 8 (Winter 2015) 2015 A Contract Theory of Academic Freedom Philip Lee University of the District of Columbia David A. Clarke School of Law, [email protected] Follow this and additional works at: https://scholarship.law.slu.edu/lj Part of the Law Commons Recommended Citation Philip Lee, A Contract Theory of Academic Freedom, 59 St. Louis U. L.J. (2015). Available at: https://scholarship.law.slu.edu/lj/vol59/iss2/8 This Article is brought to you for free and open access by Scholarship Commons. It has been accepted for inclusion in Saint Louis University Law Journal by an authorized editor of Scholarship Commons. For more information, please contact Susie Lee. SAINT LOUIS UNIVERSITY SCHOOL OF LAW A CONTRACT THEORY OF ACADEMIC FREEDOM1 PHILIP LEE* INTRODUCTION Academic freedom is central to the core role of professors in a free society. Yet, current First Amendment protections exist to protect academic institutions, not the academics themselves. For example, in Urofsky v. Gilmore, six professors employed by various public colleges and universities in Virginia challenged a law restricting state employees from accessing sexually explicit material on computers owned or leased by the state.2 The professors claimed, in part, that such a restriction was in violation of their First Amendment academic freedom rights to conduct scholarly research.3 The Fourth Circuit upheld the law and noted that “to the extent the Constitution recognizes any right of ‘academic freedom’ above and beyond the First Amendment rights to which every citizen is entitled, the right inheres in the University, not in individual professors, and is not violated by the terms of the Act.”4 In other words, this particular court held that academic freedom protects the institution as a whole, but not the individual professors. -
University Hate Speech Codes. Alexander Tsesis Loyola University School of Law, [email protected]
Loyola University Chicago, School of Law LAW eCommons Faculty Publications & Other Works 2010 Burning Crosses on Campus: University Hate Speech Codes. Alexander Tsesis Loyola University School of Law, [email protected] Follow this and additional works at: http://lawecommons.luc.edu/facpubs Part of the Law Commons Recommended Citation Tsesis, Alexander, Burning Crosses on Campus: University Hate Speech Codes, 43 Connecticut Law Review 617 (2010). This Article is brought to you for free and open access by LAW eCommons. It has been accepted for inclusion in Faculty Publications & Other Works by an authorized administrator of LAW eCommons. For more information, please contact [email protected]. CONNECTICUT LAW REVIEW VOLUME 43 DECEMBER 2010 NUMBER 2 Article Burning Crosses on Campus: University Hate Speech Codes ALEXANDER TSESIS Debates about the value and constitutionality of hate speech regulations on college campuses have deeply divided academics for over a decade. The Supreme Court's recent decision in Virginia v. Black, recognizing a state's power to criminalize intentionally intimidating cross burning at long last provides the key to resolving this heated dispute. The opponents of hate speech codes argue that such regulation guts our concept offree speech. One prominent scholar claims that this censorship would nullify the First Amendment and have "totalitarian implications." Another constitutional expert, Erwin Chemerinsky, asserts that the "public university simply cannot prohibit the expression of hate, including antisemitism, without running afoul of [establishedFirst Amendment principles]." On the other end of the spectrum are authors who argue that hate speech attacks individuals' Fourteenth Amendment right to equality, which outweighs any cathartic desire to degrade people because of their race, ethnicity, sexual orientation, and religion. -
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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 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. -
Free Expression on Campus: What College Students Think About First Amendment Issues
FREE EXPRESSION ON CAMPUS: WHAT COLLEGE STUDENTS THINK ABOUT FIRST AMENDMENT ISSUES A GALLUP/KNIGHT FOUNDATION SURVEY WITH SUPPORT FROM: COPYRIGHT STANDARDS This document contains proprietary research and copyrighted and trademarked materials of Gallup, Inc. Accordingly, international and domestic laws and penalties guaranteeing patent, copyright, trademark and trade secret protection safeguard the ideas, concepts and recommendations related within this document. The materials contained in this document and/or the document itself may be downloaded and/or copied provided that all copies retain the copyright, trademark and any other proprietary notices contained in the materials and/or document. No changes may be made to this document without the express written permission of Gallup, Inc. Any reference whatsoever to this document, in whole or in part, on any web page must provide a link back to the original document in its entirety. Except as expressly provided herein, the transmission of this material shall not be construed to grant a license of any type under any patents, copyright or trademarks owned or controlled by Gallup, Inc. Copyright © 2018 Gallup, Inc. All rights reserved. Gallup® is a trademark of Gallup, Inc. All other trademarks and copyrights are property of their respective owners. FREE EXPRESSION ON CAMPUS: WHAT COLLEGE STUDENTS THINK ABOUT FIRST AMENDMENT ISSUES TABLE OF CONTENTS 1 Introduction 3 Detailed Findings 3 College Students’ Views of First Amendment Rights 7 Tensions Between Free Expression and Inclusion 15 Campus Climate and Its Effect on Expression 21 Role of Social Media on Campus 26 Students’ Views of Actions to Limit Speech 34 Conclusion 35 Methodology 38 About Gallup 39 About the John S. -
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). -
South Africa: Historical Background Greg Moran
Third World Legal Studies Volume 14 The Governance of Internal Security Forces Article 8 in Sub-Saharan Africa 1-8-1997 Human Rights and the Structure of Internal Security Forces – South Africa: Historical Background Greg Moran Follow this and additional works at: http://scholar.valpo.edu/twls Recommended Citation Moran, Greg (1997) "Human Rights and the Structure of Internal Security Forces – South Africa: Historical Background," Third World Legal Studies: Vol. 14, Article 8. Available at: http://scholar.valpo.edu/twls/vol14/iss1/8 This Article is brought to you for free and open access by the Valparaiso University Law School at ValpoScholar. It has been accepted for inclusion in Third World Legal Studies by an authorized administrator of ValpoScholar. For more information, please contact a ValpoScholar staff member at [email protected]. HUMAN RIGHTS AND THE STRUCTURE OF INTERNAL SECURITY FORCES SOUTH AFRICA: HISTORICAL BACKGROUND By Greg Moran* The apartheid policies that characterised most of the period of colonial rule, both formally (after 1948) and informally before, left an indelible mark on the consciousness of South Africans, (and on the map of the country prior to 1994). The policy of creating separate homelands for each of the black ethnic groupings and pushing these to independence to ensure the survival of white South Africa, lead to the creation of numerous police and armed forces. The records of all of these are severely blemished and their histories steeped in blood. At present, moves are afoot to incorporate all of these security forces into unified bodies: the South African National Defense Force (SANDF) and the South African Police Services (SAPS). -
The Regulation of Hate Speech by Academe Vs. the Idea of a University: a Classic Oxymoron?
St. John's Law Review Volume 67 Number 1 Volume 67, Winter 1993, Number 1 Article 1 The Regulation of Hate Speech by Academe vs. The Idea of a University: A Classic Oxymoron? Joseph W. Bellacosa Follow this and additional works at: https://scholarship.law.stjohns.edu/lawreview This Article is brought to you for free and open access by the Journals at St. John's Law Scholarship Repository. It has been accepted for inclusion in St. John's Law Review by an authorized editor of St. John's Law Scholarship Repository. For more information, please contact [email protected]. ST. JOHN'S LAW REVIEW VOLUME 67 WINTER 1993 NUMBER 1 ARTICLES THE REGULATION OF HATE SPEECH BY ACADEME vs. THE IDEA OF A UNIVERSITY: A CLASSIC OXYMORON?* JOSEPH W. BELLACOSA** Legend has it that Willie Sutton, when asked why he robbed banks, answered, "Because that's where the money is!" One hopes that when people are asked, "Why do you go to college?", their response might be: "Because that's where the education is." Such an answer reflects the traditional idea of a university, embodying the seemingly self-evident proposition that it is the universe in which ideas are freely discussed and shared. However, clouds of doubt concerning this traditional idea have cast some shadows across the landscape of academe in the form of a recent phenome- non-the regulation of hate speech. By hate speech I refer here to the distribution and utterance on college campuses of bigoted, ra- cist, sexist, religious and similar shibboleths. The perceived threat of hate speech has propelled institutions of higher learning towards * This essay is adapted from a speech delivered by Hon. -
Truth and Reconciliation Commission of South Africa Report
VOLUME THREE Truth and Reconciliation Commission of South Africa Report The report of the Truth and Reconciliation Commission was presented to President Nelson Mandela on 29 October 1998. Archbishop Desmond Tutu Ms Hlengiwe Mkhize Chairperson Dr Alex Boraine Mr Dumisa Ntsebeza Vice-Chairperson Ms Mary Burton Dr Wendy Orr Revd Bongani Finca Adv Denzil Potgieter Ms Sisi Khampepe Dr Fazel Randera Mr Richard Lyster Ms Yasmin Sooka Mr Wynand Malan* Ms Glenda Wildschut Dr Khoza Mgojo * Subject to minority position. See volume 5. Chief Executive Officer: Dr Biki Minyuku I CONTENTS Chapter 1 Introduction to Regional Profiles ........ 1 Appendix: National Chronology......................... 12 Chapter 2 REGIONAL PROFILE: Eastern Cape ..................................................... 34 Appendix: Statistics on Violations in the Eastern Cape........................................................... 150 Chapter 3 REGIONAL PROFILE: Natal and KwaZulu ........................................ 155 Appendix: Statistics on Violations in Natal, KwaZulu and the Orange Free State... 324 Chapter 4 REGIONAL PROFILE: Orange Free State.......................................... 329 Chapter 5 REGIONAL PROFILE: Western Cape.................................................... 390 Appendix: Statistics on Violations in the Western Cape ......................................................... 523 Chapter 6 REGIONAL PROFILE: Transvaal .............................................................. 528 Appendix: Statistics on Violations in the Transvaal ...................................................... -
Work in Progress, No. 79
Work in progress, No. 79 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 54 Alternative title Work In Progress Author/Creator University of Witwatersrand (Johannesburg) Contributor Pillay, Devan Publisher University of Witwatersrand (Johannesburg) Date 1991-12 Resource type Journals (Periodicals) Language Afrikaans, English Subject Coverage (spatial) South Africa Coverage (temporal) 1991 Source Digital Imaging South Africa (DISA) Rights By kind permission of Hein Marais, Julian May, and the Southern Africa Report. Format extent 52 page(s) (length/size) -
Uncomfortable, but Educational: Freedom of Expression in UK Universities Contents
Uncomfortable, but educational: Freedom of expression in UK universities Contents 1. Executive Summary 4 2. Introduction 6 3. The road to legislation: a brief history 8 4. Legislation applicable to higher education institutions 9 5. Current concerns on UK campuses 12 6. Conclusion and recommendations 20 Appendix 1: Examples of best practice 21 Appendix 2: The legal landscape in the UK 22 This document was compiled with the support of Clifford Chance and Jonathan Price, Doughty Street Chambers. 2 Kanumbra / flickr Uncomfortable, but educational Uncomfortable, but educational Tom Parnell / flickr 3 Executive summary ree speech is vital to the free flow of thoughts and ideas. A freedom of expression organisation with an international remit, FNowhere is this perhaps more important than in universities, Index on Censorship seeks to highlight violations of freedom of which are crucibles for new thought and academic discovery, expression all over the world. Our approach to the principle of and whose remit is to encourage and foster critical thinking. freedom of expression is without political affiliation. In recent years, however, there has been a concerning rise in In Free Speech on Campus we look at the situation today on apparent attempts to shut down debates on certain subject areas UK campuses and in particular examine the existing legal and in universities in the UK and elsewhere. Speakers whose views other protections for free speech in universities. This comes in are deemed “offensive”, “harmful” or even “dangerous” have the wake of renewed government commitments to protect been barred from speaking at events, conferences on particular freedom of expression on campus.