The Appellate Division: 1910 to 1948
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Truth and Reconciliation Commission of South Africa Report: Volume 2
VOLUME TWO 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 Chapter 6 National Overview .......................................... 1 Special Investigation The Death of President Samora Machel ................................................ 488 Chapter 2 The State outside Special Investigation South Africa (1960-1990).......................... 42 Helderberg Crash ........................................... 497 Special Investigation Chemical and Biological Warfare........ 504 Chapter 3 The State inside South Africa (1960-1990).......................... 165 Special Investigation Appendix: State Security Forces: Directory Secret State Funding................................... 518 of Organisations and Structures........................ 313 Special Investigation Exhumations....................................................... 537 Chapter 4 The Liberation Movements from 1960 to 1990 ..................................................... 325 Special Investigation Appendix: Organisational structures and The Mandela United -
The Role and Application of the Union Defence Force in the Suppression of Internal Unrest, 1912 - 1945
THE ROLE AND APPLICATION OF THE UNION DEFENCE FORCE IN THE SUPPRESSION OF INTERNAL UNREST, 1912 - 1945 Andries Marius Fokkens Thesis presented in partial fulfilment of the requirements for the degree of Master of Military Science (Military History) at the Military Academy, Saldanha, Faculty of Military Science, Stellenbosch University. Supervisor: Lieutenant Colonel (Prof.) G.E. Visser Co-supervisor: Dr. W.P. Visser Date of Submission: September 2006 ii Declaration I, the undersigned, hereby declare that the work contained in this thesis is my own original work and that I have not previously submitted it, in its entirety or in part, to any university for a degree. Signature:…………………….. Date:………………………….. iii ABSTRACT The use of military force to suppress internal unrest has been an integral part of South African history. The European colonisation of South Africa from 1652 was facilitated by the use of force. Boer commandos and British military regiments and volunteer units enforced the peace in outlying areas and fought against the indigenous population as did other colonial powers such as France in North Africa and Germany in German South West Africa, to name but a few. The period 1912 to 1945 is no exception, but with the difference that military force was used to suppress uprisings of white citizens as well. White industrial workers experienced this military suppression in 1907, 1913, 1914 and 1922 when they went on strike. Job insecurity and wages were the main causes of the strikes and militant actions from the strikers forced the government to use military force when the police failed to maintain law and order. -
1La Raison D'etat Dans La Rome Antique
ARTICLE 1LA RAISON D’ETAT DANS LA ROME ANTIQUE: PROLÉGOMÈNES (CICÉRON, TITE-LIVE, TACITE) Yasmina Benferhat* ABSTRACT This paper discusses the concept of raison d’Etat, or statecraft, in Rome under the Republic and the early Empire. The fi rst part focuses on Republican times, when the Romans took extraordinary measures to stop a revolt abroad – Numance in 133 BC and Corinth in 146 BC – or to return order and stability to Rome with a senatusconsultum ultimum. This can be considered fi rst steps where the State’s survival was more important than the lives of citizens. The second part deals with statecraft under the Roman Empire (fi rst century AD), considering the state as an entity independent from the prince. Examples deriving from Tacitus’ Histories have been used to emphasise the fact that some Roman politicians took decisions in order to preserve the State, for example in 69 when Mucianus convinced Vespasian to rebel against two bad emperors, namely Otho and Vitellius. * Maȋtre de conférence habilitée, Université de Lorraine. Fundamina DOI: 10.17159/2411-7870/2018/v24n1a1 Volume 24 | Number 1 | 2018 Print ISSN 1021-545X/ Online ISSN 2411-7870 pp 1-17 1 YASMINA BENFERHAT The third and last part deals with another point of view on the Roman Empire, namely that the raison d’Etat was actually the will of the emperor to save his own power and its dynastic transmission. It was often very diffi cult to distinguish between the Emperor and the State. The reigns of Tiberius and Nero offer a dark version of statecraft, full of dissimulation and violence against whoever was willing or able to reign after them. -
R V MALAN (1901): POLITICS, JUSTICE and the SOUTH AFRICAN WAR, 1899-1902 1 Introduction1 2 FS Malan, Ons Land and the British Em
_______________________________________________________________ R v MALAN (1901): POLITICS, JUSTICE AND THE SOUTH AFRICAN WAR, 1899-1902 FA Mouton* 1 Introduction1 On 18 April 1901, in the midst of the South African War, Francois Stephanus Malan (1871-1941), a member of the Cape parliament and editor of Ons Land newspaper, was convicted in the Cape Supreme Court of the criminal libel of General John French and imprisoned for twelve months. The prosecutor, James Rose Innes (1855-1942), was a fellow member of parliament and the Attorney-General in the cabinet of Premier Sir Gordon Sprigg. He was one of the Cape Colony’s most respected politicians and would become one of South Africa’s greatest judges. That the trial left a lasting wound on Malan is clear from his published memoirs,2 and the authorised biography written by Bettie Cloete, his daughter.3 Both these publications argue that his treatment in court was unfair and the prison sentence unreasonable. Together father and daughter created a perception that Rose Innes was a pawn in a politically motivated abuse of the Colony’s legal system and that he was used to silence a troublesome critic of British imperial policy in South Africa and the methods used by the British army. By analysing the reasons for Malan’s prosecution, as well as by examining the court proceedings, this article will argue that Malan’s enduring anger and hurt, combined with the passage of time, distorted his memory of events, and that Rose Innes was unfairly accused of being part of a political trial to neutralise a critic of the British Empire. -
Segregation and Apartheid in Twentieth-Century South Africa
SEGREGATION AND APARTHEID IN TWENTIETH-CENTURY SOUTH AFRICA ‘This is an outstanding collection…gathering the harvest of twenty years of intense scholarly and political debate. Jim Campbell, Northwestern University, Illinois ‘Well-known to South Africanists as individual contributions, this collection of seminal essays deserves, and will now find, a wider and more multidisciplinary audience.’ C.R.D.Halisi, Indiana University Beinart and Dubow’s selection of some of the most important essays on racial segregation and apartheid in twentieth-century South Africa provides an unparalleled introduction to this contentious and absorbing subject. The volume includes: • a specially written introduction by the editors which contextualizes the historiographical controversy, taking into account the 1994 election and associated changes; • explanatory notes and article summaries to improve the accessibility of the material; • a glossary of unusual terms to facilitate understanding. William Beinart is Reader in History at the University of Bristol. Saul Dubow is Lecturer in History at the School of African and Asian Studies, University of Sussex. Rewriting Histories Rewriting Histories focuses on historical themes where standard conclusions are facing a major challenge. Each book presents 8 to 10 papers (edited and annotated where necessary) at the forefront of current research and interpretation, offering students an accessible way to engage with contemporary debates. Series editor Jack R.Censer is Professor of History at George Mason University REWRITING -
Survey and Mediation in Fingoland
chapter 4 Survey and Mediation in Fingoland The dismal failure to impose individual landholding on the eastern banks of the Kei before 1884, even in places where the survey work took place, did not alter the convictions of survey authorities or the colonial officers who employed them. Spatial interventions, particularly individual tenure and the bounding of spaces on the basis of ‘one man, one lot,’ remained central to colonial efforts to render African societies legible in order to uproot their labor and diminish competitive potential.1 This effort resumed in earnest with the Glen Grey Act (No. 25) of 1894, which was the brainchild of Cape Prime Minister and mining magnate Cecil John Rhodes. That Act, named after the first district to face its application, was a union of colonial legal, financial, and spatial prescriptions that attacked extended social networks by yoking survey and quitrent title to systems of separate local governance (location boards and councils) and by taxing landless men who did not labor outside the district.2 At the same time, the Act hobbled any potential benefits to ownership of titles through legal con- ditions of use, restrictions on transfer, and their disqualification as assets towards the property test for voting, which transformed those costly titles into little more than glorified tickets of occupation.3 Regimented surveys under teams of government land surveyors were central to delimitation and control in this invasive new iteration of individual tenure, because it involved the detailed subdivision and reorganization of entire districts at a time. But sur- veyors also became agents of active mediation as their contact with African households and landscapes became more sustained under this new regime, as we shall see. -
JCO1 2 28.Pdf
N o man can undersU:lnd South Ajricatl politics who ig11ores or tleglects the " N alive QuestiOtl . " NATIVE DISABILITIES in the Union of South Africa. SPEECHES : delivered in the City ,Hall (Banqueting Room) Capetown at a crowded meeting of citizens on 28th January, 1931. BY I Rt. Hon. Sir James Rose-Innes, K.C.M.G. Rt. Hon. H. Burton, K.c. Rev. R. B. Douglas, o.o. Prof. Fremantle. Rev. A. M•timkulu. This meeting was held under the Joint Auspicea of the Non Racial Franchise Association, P.O. Box 1802, Capetown and the Joint Council of Europeans and Bantu, P.O. Box 206, Capetown. THE RT. HON. SIR JAMES ROSE INNES. This meeting, said Sir James, has been convened by the European and Bantu Joint Council and the Non-Racial Franchise Association acting together. Neither of these bodies is a party organisation. The object is to appeal to men and women of all parties; to draw attention to the repressive character of the native policy now so prominently before the country, and to the consequences which will follow its enforce ment ; to ask them to examine the facts for themselves, and to form their conclusions irrespective of party considerations. Short addresses will be given on various aspects of the question ; and it devolves upon me as Chairman to make a few general remarks in opening the proceedings. Now the present trend of native policy is strikingly exemplified in some recent legislative measures, enacted or proposed. The time at one's disposal does not admit of much detail, but I propose to refer to three of them. -
Constitutional Court of South Africa Time to Nurture Junior Or Less Experienced Colleagues Along the Way
I THE JUDICIARY September 2020 | Q2 ISSUE > DIGITAL ELECTORAL JUSTICE AND COVID-19 > JUSTICE IN THE DIGITAL AGE > SOCIAL MEDIA AND JUDICIAL TRAINING > ARTIFICIAL INTELLIGENCE > WOMANITY - WOMEN IN UNITY > OUR COURTS, OUR HERITAGE Judiciary Newsletter | 2020 II Judiciary Newsletter | 2020 III NATIONAL OFFICE ADDRESS: 188 14th ROAD, NOORDWYK MIDRAND, 1685 SWITCHBOARD NUMBER 010 493 2500 Judiciary Newsletter | 2020 IV TABLE OF CONTENTS 02 Challenges faced by women in the legal profession 06 Digital electoral justice and Covid-19 08 Justice in the digital age 13 Social media and judicial training 14 Artificial intelligence 16 Practical guide to virtual hearings in motion court 20 Womanity - Women in Unity 26 Special Tribunal hits the ground running 27 Magistrates courts get capacity boost 28 A tribute to Judge Jaji 29 Our courts, our heritage 35 Judicial Appointments EDITORIAL STAFF & CONTRIBUTORS Editor: Judge President Dunstan Mlambo Writers: Judge Leona Theron | Judge President Selby Mbenenge | Judge President Cagney Musi | Judge Boissie Mbha Judge Brian Spilg | Judge Glenn Goosen | Judge Anna Maleshane Kgoele | Judge Mokgere Masipa | Judge Tebogo Djaje Judge Thoba Poyo-Dlwati | Judge Segopotje Sheila Mphahlele | Mr Selby Makgotho | Ms Lusanda Ntuli | Ms Pfunzo Mafenya Photographers: Ms Lusanda Ntuli | Ms Pfunzo Mafenya | Ms Nontembiso Kgatle Designer: Ms Nontembiso Kgatle TheSouthAfricanJudiciary NATIONAL OFFICE: 188, 14th Road, Noordwyk, Midrand, 1685 @OCJ_RSA Judiciary RSA T: +27 10 493 2500 E: [email protected] @OCJ_RSA W: www.judiciary.org.za Judiciary Newsletter | 2020 Page | 1 Editor We commemorated two important occasions in the past quarter, Women’s Month in August and Heritage Month in September. Whilst we marked these occasions together but apart this year because of the coronavirus pandemic, they were no less important. -
Some Attitudes in Grahamstown Towards the Advent of the Second Anglo-Boer War
SOME ATTITUDES IN GRAHAMSTOWN TOWARDS THE ADVENT OF THE SECOND ANGLO-BOER WAR Dr H. C. Hummel DeplJrlment of History, Rhodes University, GrlJhlJmstown CONCEPTUAL FRAMEWORK Aspectsof the history of Grahamstownhave frequently featured in Contree.1But it has generally been a Grahamstown in its own intimate local setting where this study also placesit, though it also locatesit on the periphery of events that occurredon a wider South African scale. It is a Grahamstownset againstthe backdropof the conflict still popularly best rememberedunder the shortest,and perhaps aptestappelation: the Boer War. The "pot-pourri" in this articleconstitutes an irresistible and a still more ambitious one -an event magnificently combination. As the author of a recentthesis on the history describedelsewhere13 -in 1898-1899.Both theseventures of Grahamstownwrote, this wasthe time when" eventsin wereintended to attract backto Grahamstownthe commerce the microcosm,or locality, lends clarity to the cross-curtent and economywhich had left this city for other centresin of affairs at the ...level" of what washappening elsewhere the Cape in the early 1880s.14But the 1898 exhibition in SouthMrica.2 Or asone modern British scholar,writing "had an additional goal". This is where developmentson the history of 19th century Liverpool,observes in much the samevein: "Without a wider national quantity localhistory IS0 paroc h 1°al hIStOryo " 03 ~~ FIN DE SIeCLE:SETflNG mE STAGE Grahamstownat the turn of the centurywas at a crossroads. Yet in anothersense it was eventhen alreadytimeless, and a descriptionaccorded the city in 1887was as easilyrecog- nisable a descriptiontwelve yearslater as it would be still today: "Laid out in the valley, the settler city presentsa re- freshingsight with the white housespeeping out among the numeroustrees and bushes,and awakenedthoughts of similar looking dear spots in the old country.. -
By Saul Dubow the Relationship Between Liberal Thought, Capitalism
-=-m- by Saul Dubow The relationship between liberal thought, capitalism and the development of segregationist policies in South Africa was first outlined by Maftin Legassick in a series of three unpublished but highly acclaimed seminar papers. His ideas have subsequensly been developed by a number of other writers, most notably Paul Rich and J W Cell. Legassick's work was intended as an explicit challenge to the liberal assumption that apartheid is incompatible with economic growth and that the existence of racist ideas represents a '*hangover"of archaic forms of thought. In arguing that the processes of segregation and industrialization are inextricably linked, Legassick forwards two important propositions: first, the notion that liberal segregationists were directly engaged in elaborating policies designed actively to promote capitalist development in South Africa, and, second, the idea that white liberals, by acting as agents of vsocial control" rather than as a force for I1benefici 1 reform", helped to secure the conditions for capitalism's long-term reproduction.6 These propositions, though closely associated, are different in important respects, and Legassick is not always clear which one it is that he adheres to. With this in mind, my intention in this paper is to explore the interaction of liberalism, segregation, and capitalist industrialization. Finally, I suggest that the concept of '*socialcontrol" requires refining. A strong case can be made for the argument that liberal social theorists like Howard Pim, Edgar Brookes and Charies T Loram played an important role in the elaboration of segregationist ideology. These writers were vitally concerned to advance a theory of territorial segregation as a solution to South Africa's "native question1*. -
James Rose Innes: the Maki Ng of a Constitutionalist Jeremy Gauntlett, Cape Bar
Sir lames Rose-Innes Chief Justice 1914-1927 Reproduced by kind permission of De Rebus 10 CONSULTUS James Rose Innes: the maki ng of a constitutionalist Jeremy Gauntlett, Cape Bar WE know his judgments for their limpid precision and Assembly for Victoria East, standing on an uncompromising compelling reasoning. In so many fields they remain the Native policy: leading cases. Innes was however considerably more than a " ... the policy of repression has been tried, and it has failed. lawyer. The course of his career affords considerable insight What the country requires is that the existing laws should be into the moulding of one of our greatest judges, and in fairly and equitably administered, and that the Natives should particular into his contribution to the development of our cease to be the subjects of rash experiments in the art of 'vigorous' government". constitutional and administrative law. He was a third-generation South African, the grandson of In time Innes served as Attorney-General in Rhodes's the first Superintendent-General of Education in the Cape Ministry, together with his close allies John X Merriman and J and the great-grandson of Robert Hart of Glen Avon, the W Sauer. His earlier years had been characterised by his founder of Somerset East, who landed as a member of the opposition to forced removals of black people across the Kei British expeditionary force in 1795. In his own forthright River. In politics, he was always something of a detached words: figure ("I have really almost come to look upon myself as "I should call myself an Afrikaner, were it not for the tendency belonging to no party and bound to acknowledge no leader"). -
South Africa, Republic Of
Cape Town Photo courtesy of Morne Venter. South Africa, Republic of GRANT LOTTERING Grant Lottering, B.A. (Helderberg College of Higher Education), currently serves as an assistant researcher at the Ellen G. White Research and Heritage Center of the Southern Africa-Indian Ocean Division. He also pastors two churches for the Cape Conference of Seventh-day Adventists. The Republic of South Africa is one of the countries that constitute the territory of the Southern Africa-Indian Ocean Division of Seventh-day Adventists. Vital Statistics The territory of the Republic of South Africa constitutes the major part of the Southern Africa Union Conference (SAU), within the Southern Africa-Indian Ocean Division (SID) of Seventh-day Adventists. Four of the eight local conferences that comprise the SAU are situated in South Africa. Church Statistics (2019) for South Africa were as follows: Churches –1,195; Companies–426; Members–145,268; Ordained ministers–194; Licensed ministers--95. The headquarters of the church are situated in Bloemfontein, the capital city of the Free State Province. The population of the country is estimated at 58,780,000. Statistics (2019) for the conferences were as follows: Cape Conference: churches–506; members–45,924; ordained ministers–65; licensed ministers–31. Northern Conference: churches–119; members–21,861; ordained ministers–45; licensed ministers–21. Trans-Orange Conference: churches–382; members–57,989; ordained ministers–53; licensed ministers–19. KwaZulu Natal-Free State Conference: churches–186; members–19,494; ordained ministers–31; licensed ministers–24.1 Additional statistics for South Africa (2019) were as follows: Adventist Deaths Per Thousands–1.53; General Population Deaths Per Thousand–9.00; Church Membership Per Ten Thousand Population–25; Population Per Membership Ratio–406; Percentage Net Growth–4 over the last year, and 64 over the last 10 years.2 Overview The Republic of South Africa (RSA) is the southernmost country on the continent of Africa.