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Of Trials, Reparation, and Transformation in Post-Apartheid South Africa: the Making of a Common Purpose
View metadata, citation and similar papers at core.ac.uk brought to you by CORE NYLS Law Review Vols. 22-63 (1976-2019) Volume 60 Issue 2 Twenty Years of South African Constitutionalism: Constitutional Rights, Article 6 Judicial Independence and the Transition to Democracy January 2016 Of Trials, Reparation, and Transformation in Post-Apartheid South Africa: The Making of A Common Purpose ANDREA DURBACH Professor of Law and Director of the Australian Human Rights Centre, Faculty of Law, University of New South Wales, Australia Follow this and additional works at: https://digitalcommons.nyls.edu/nyls_law_review Part of the Constitutional Law Commons Recommended Citation ANDREA DURBACH, Of Trials, Reparation, and Transformation in Post-Apartheid South Africa: The Making of A Common Purpose, 60 N.Y.L. SCH. L. REV. (2015-2016). This Article is brought to you for free and open access by DigitalCommons@NYLS. It has been accepted for inclusion in NYLS Law Review by an authorized editor of DigitalCommons@NYLS. NEW YORK LAW SCHOOL LAW REVIEW VOLUME 60 | 2015/16 VOLUME 60 | 2015/16 Andrea Durbach Of Trials, Reparation, and Transformation in Post-Apartheid South Africa: The Making of A Common Purpose 60 N.Y.L. Sch. L. Rev. 409 (2015–2016) ABOUT THE AUTHOR: Andrea Durbach is a Professor of Law and Director of the Australian Human Rights Centre, Faculty of Law, University of New South Wales, Australia. Born and educated in South Africa, she practiced as a political trial lawyer, representing victims and opponents of apartheid laws. In 1988 she was appointed solicitor to twenty-five black defendants in a notorious death penalty case in South Africa and later published an account of her experiences in Andrea Durbach, Upington: A Story of Trials and Reconciliation (1999) (for information on the other editions of this book see infra note 42), on which the documentary, A Common Purpose (Looking Glass Pictures 2011) is based. -
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 -
Tells It All 1 CELEBRATING 25 YEARS of DEMOCRATIC ELECTIONS
1989 - 2014 1989 - 2014 tells it all 1 CELEBRATING 25 YEARS OF DEMOCRATIC ELECTIONS Just over 25 years ago, Namibians went to the polls Elections are an essential element of democracy, but for the country’s first democratic elections which do not guarantee democracy. In this commemorative were held from 7 to 11 November 1989 in terms of publication, Celebrating 25 years of Democratic United Nations Security Council Resolution 435. Elections, the focus is not only on the elections held in The Constituent Assembly held its first session Namibia since 1989, but we also take an in-depth look a week after the United Nations Special at other democratic processes. Insightful analyses of Representative to Namibia, Martii Athisaari, essential elements of democracy are provided by analysts declared the elections free and fair. The who are regarded as experts on Namibian politics. 72-member Constituent Assembly faced a We would like to express our sincere appreciation to the FOREWORD seemingly impossible task – to draft a constitution European Union (EU), Hanns Seidel Foundation, Konrad for a young democracy within a very short time. However, Adenaur Stiftung (KAS), MTC, Pupkewitz Foundation within just 80 days the constitution was unanimously and United Nations Development Programme (UNDP) adopted by the Constituent Assembly and has been for their financial support which has made this hailed internationally as a model constitution. publication possible. Independence followed on 21 March 1990 and a quarter We would also like to thank the contributing writers for of a century later, on 28 November 2014, Namibians their contributions to this publication. We appreciate the went to the polls for the 5th time since independence to time and effort they have taken! exercise their democratic right – to elect the leaders of their choice. -
14 September 1989
Bringging Africa South TODAY the pall of deep grief that layover the Swapo Election Directorate and the Namibian people generally was given verbal expression in a -forcefully worded.. ()Qndemnation by the mass .- organisation ofthe "deliberate and well calculated" assassination of Amon Lubowski. Terming the perpetrators the of the cold -blooded murder of Cde, "enemies of the Namibian people" Lubowski " . in accord with popular sentiment, The Administrator General has been Swapo identified the motive behind .dragging his feet on the issue of the slaying was to cause panic and dismantling the para-military force "create an atmosphere of insecu of Koevoet as is required under rity" before the November elections UNSCR435. as well as scaring patriots from giv Referring to Anton's great per ing Sam Nujomathe hero's welcome sonal courage in remaining active in he deserved. Swapo, the Directorate of Elections In an oblique attack on South Af mentioned his murder had been pre rica's man in Windhoek, Swapo took ceeded by anonymous telephone calls on Louis Pienaar by attributing the threatening violent demise to Anton. original source of the weapon used to Gwen Lister and Dave Smuts who gun down Anton to the authorities knew him well, and were associated meant to uphold law and order dur together in opposing the illegal South ing transition to political independ African occupation of Namibia, re ence. ceived similar threats. "Only people who have access to The Swapo leadership currently in fry(' AK-47s are the SADF, Police and the country futher paid tribute to a THE HEAD ofSwapo's Directorate, Mr Hage Geingob, comforts the wife ofslain Koevoet The latter has in particular . -
Objecting to Apartheid
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by South East Academic Libraries System (SEALS) OBJECTING TO APARTHEID: THE HISTORY OF THE END CONSCRIPTION CAMPAIGN By DAVID JONES Submitted in fulfilment of the requirements for the degree of MASTER OF ARTS In the subject HISTORY At the UNIVERSITY OF FORT HARE SUPERVISOR: PROFESSOR GARY MINKLEY JANUARY 2013 I, David Jones, student number 200603420, hereby declare that I am fully aware of the University of Fort Hare’s policy on plagiarism and I have taken every precaution to comply with the regulations. Signature…………………………………………………………… Abstract This dissertation explores the history of the End Conscription Campaign (ECC) and evaluates its contribution to the struggle against apartheid. The ECC mobilised white opposition to apartheid by focussing on the role of the military in perpetuating white rule. By identifying conscription as the price paid by white South Africans for their continued political dominance, the ECC discovered a point of resistance within apartheid discourse around which white opposition could converge. The ECC challenged the discursive constructs of apartheid on many levels, going beyond mere criticism to the active modeling of alternatives. It played an important role in countering the intense propaganda to which all white South Africans were subject to ensure their loyalty, and in revealing the true nature of the conflict in the country. It articulated the dis-ease experienced by many who were alienated by the dominant culture of conformity, sexism, racism and homophobia. By educating, challenging and empowering white citizens to question the role of the military and, increasingly, to resist conscription it weakened the apartheid state thus adding an important component to the many pressures brought to bear on it which, in their combination, resulted in its demise. -
Government Gazette Republic of Namibia
GOVERNMENT GAZETTE OF THE REPUBLIC OF NAMIBIA N$10.40 WINDHOEK - 9 November 2009 No. 4375 CONTENTS Page GOVERNMENT NOTICES No. 222 General election for the President: List of duly nominated candidates for office of President: Electoral Act, 1992 ............................................................................................................................................... 1 No. 223 General election for the President and members of the National Assembly: Notification of polling stations: Electoral Act, 1992 ................................................................................................................. 3 No. 224 General election for members of the National Assembly: Publication of party lists: Electoral Act, 1992 23 No. 225 General election for election of the President and members of the National Assembly: Notification of the final voters’ register: Electoral Act, 1992 ....................................................................................... 58 ________________ Government Notices ELECTORAL COMMISSION No. 222 2009 GENERAL ELECTION FOR THE PRESIDENT: LIST OF DULY NOMINATED CANDIDATES FOR OFFICE OF PRESIDENT: ELECTORAL ACT, 1992 In terms of section 57(3) of the Electoral Act, 1992 (Act No. 24 of 1992), and for the purpose of the general election for the office of President to be held on 27 November 2009 and 28 November 2009, notice is given that - (a) the name of each political party which has duly nominated a candidate to take part in the election for the office of President is set out in Column -
Government Gazette Republic Of
GOVERNMENT GAZETTE OF THE REPUBLIC OF NAMIBIA N$9.00 WINDHOEK - 14 May 2021 No. 7534 CONTENTS Page GOVERNMENT NOTICES No. 96 Declaration of operations at B2Gold Namibia (Pty) Ltd as continuous operations: Labour Act, 2007 2 No. 97 Notification of alteration, suspension or deletion of conditions of title of Erf 24, Karasburg: Urban and Regional Planning Act, 2018 .......................................................................................................... 2 No. 98 Amendment of Government Notice No. 60 of 31 March 2010 relating to recognition of Tsoaxudaman Customary Court as community court and appointment of assessors and justices: Community Courts Act, 2003 ................................................................................................................................................ 3 No. 99 Change of surname: Aliens Act, 1937 ................................................................................................... 4 GENERAL NOTICES No. 179 Notice of vacancy in the membership of the Village Council of Maltahöhe ......................................... 4 No. 180 Notice of vacancy in the membership of the Town Council of Karasburg ............................................ 5 No. 181 Amendment of title conditions of Erf 130, Ohangwena from “local authority” purposes to “business” purposes ................................................................................................................................................. 5 No. 182 Amendment of title conditions of Erf 167, Ohangwena from -
Government Gazette Republic of Namibia
GOVERNMENT GAZETTE OF THE REPUBLIC OF NAMIBIA N$45.00 WINDHOEK - 6 November 2019 No. 7041 CONTENTS Page GOVERNMENT NOTICES No. 330 Notification of polling stations: General election for the President and members of the National Assembly: Electoral Act, 2014 .............................................................................................................. 1 No. 331 Notification of registered political parties and list of candidates for registered political parties: General election for election of members of national Assembly: Electoral Act, 2014 ....................................... 33 ________________ Government Notices ELECTORAL COMMISSION OF NAMIBIA No. 330 2019 NOTIFICATION OF POLLING STATIONS: GENERAL ELECTION FOR THE PRESIDENT AND MEMBERS OF THE NATIONAL ASSEMBLY: ELECTORAL ACT, 2014 In terms of subsection (4) of section 89 of the Electoral Act, 2014 (Act No. 5 of 2014), I make known that for the purpose of the general election of the President and members of the National Assembly - (a) polling stations have been established under subsection (1) of that section in every constituency of each region at the places mentioned in Schedule 1; (b) the number of mobile polling stations in each constituency is indicated in brackets next to the name of the constituency of a particular region and the location of such mobile polling stations will be made known by the returning officer, in terms of subsection (7) of that section, in a manner he or she thinks fit and practical; and (c) polling stations have been established under subsection (3) of that section at the Namibian diplomatic missions and at other convenient places determined by the Electoral Commission of Namibia, after consultation with the Minister of International Relations and Cooperation, at the places mentioned in Schedule 2. -
The Politics of Memorialisation Reading the Independence
The Politics of Memorialisation in Namibia: Reading the Independence Memorial Museum Alexandra Stonehouse STNALE007 A minor dissertation submitted in partial fulfillment of the requirements for the award of the degree of Master of Philosophy in Justice and Transformation Faculty of the Humanities University of Cape Town 2018 University of Cape Town COMPULSORY DECLARATION This work has not been previously submitted in whole, or in part, for the award of any degree. It is my own work. Each significant contribution to, and quotation in, this dissertation from the work, or works, of other people has been attributed, and has been cited and referenced. Signature: Date: 18 February 2018 The copyright of this thesis vests in the author. No quotation from it or information derived from it is to be published without full acknowledgementTown of the source. The thesis is to be used for private study or non- commercial research purposes only. Cape Published by the University ofof Cape Town (UCT) in terms of the non-exclusive license granted to UCT by the author. University Abstract The Independence Memorial Museum is the latest addition to the post-independence memorial landscape by Namibia’s ruling party, South West African People’s Organisation (or the Swapo Party). Like many other southern African liberation movements turned ruling political parties, Swapo has looked towards history to find legitimation and support in the present. This is referred to in this research as the creation of a Swapo master narrative of liberation history. It is a selective and subjective re-telling of history which ultimately works to conflate Swapo with the Nation. -
The Namibian@30
85 - 2 19 015 Photo: Hans Rack ...and still years telling it like it is! 2 31 August 2015 31 August 2015 3 Foreword Occasions like this 30th anniversary help us to reflect on the fact that passion for journalism, in particular, and civil liberties, such as freedom of speech, in general, are indispensable to human advancement, including the pursuit of material goods. HE people’s paper, the people’s since the paper was by then well-estab- undisputed fastest moving commodity. only by building on the tradition of The company, the people’s institution. lished as the most read, reaching most The internet is testing how journalism Namibian as fiercely independent, an TThere should be no doubt by now Namibians by any comparison. is practised. Our duty is to ensure that we inquiring institution and a defender of that The Namibian is that sort of national Thankfully, all those attempts have adapt to this new technology to continue the public good, especially in service of treasure, and for good reasons. been in vain, and only strengthened the being relevant to you, our audience, be- the poor and vulnerable. After all, as it is The history of the paper is fairly resolve to keep the institution independent cause freedom, peace and the pursuit of said, a caring nation is measured by how well-documented, but less known is of special monied and power interests. happiness can never go out of fashion. well it looks after the weakest members perhaps the fact that the very structure of Lifting that ban 10 years later was also Our duty is to ensure that every one of us of its society. -
AG2543-2-2-43-01-Jpeg.Pdf
Independent Board of Inquiry POBox 32293 Broomfontein 201 7 Johonnesburg South Africo Phone (all ) 403 - 3256/7 Fox (all ) 403 - 1366 .') -- Report fo May - Augu st 1994 • .".) Report for MIIy-AuifUst i9J IBI Copyright otice Members of the public are free to reprint or report information, either in whole or in part, contained in this publication on the strict understanding that the Independent Board of Inquiry is acknowledged. Otherwise, no part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electrical, mechanical, photocopy, recording or otherwise, without prior permission of the publisher. • BOARD MEMBERS: Dr Alex Boraine, Rev Frank Chi kane, Mr Brian Currin, Reverend Mvume Dandala, Prof John Dugard, Ms Sheena Duncan, Mr Peter Kerchhoff, Mr Norman Manoim, Ms Emma Mashinini, Br Jude Pieterse, Archbishop Desmond Tutu • IBI Report for AlnrAugust i9J TABLE OF CONTENTS INTRODUCTION: 1 1. STATE INSTITUTIONS: 3 1.1 South African Police Se rvice (SAPS) 3 1.1.1 Vusi Phiri "C 4 1.1.2 Eugene de Kock 4 1.2 Prisons 6 2. RIGHT WING 7 . - • 2. t Freedom Front 8 2.2 Afrikaner Weel'"S tandsbeweging (A WB) 9 2.3 Ri ght-wing trials 10 3. THE GOLDSTONE COMMISSION 11 3. 1 Escom Arms Deal 12 3.2 Third Force activities \3 4. TRUTH COMMISSION 14 5. ATTACKS ON INDIVIDUALS 15 • 5.1 W alter Sisulu 16 .2 Wilson Xolo 17 5.3 Oswald OIadla 17 5.4 Mathew Goniwe, Fort Calata. Sparrow Mkonto and Sicelo Mhlauli 17 5.5 Anton Lubowski 18 7. -
1965-1988 Prof Peter Hitjitevi Katjavivi: 1941
Katjavivi, PH PA 1 THE KATJAVIVI COLLECTION: 1965-1988 PROF PETER HITJITEVI KATJAVIVI: 1941 - Historical Background Professor Peter Katjavivi was born on 12 May 1941 in Okahandja, Namibia. He travelled into exile in 1966 and was part of the Dar es Salaam exiles that helped transform SWAPO into an international force in the struggle for the liberation of Namibia. Until 1979 he was a fulltime SWAPO activist running the London office and holding the movement’s Information and Publicity post. From the 1980s, he pursued his academic career which saw him gaining a Master’s degree in 1980 from the University of Warwick, UK and a Doctor of Philosophy in1986 from St Anthony’s College, University of Oxford. In 1989, he was elected to the Constituent Assembly and served as National Assembly member until 1991. In 1992 he was named the first Vice-Chancellor of the University of Namibia, a post he held for eleven years. He was appointed as Professor in History by the UNAM Academic Council Staff Appointments Committee in 1994. He was given a diplomatic posting in 2003. Peter Katjavivi has also been very active as SWAPO’s documenter of the liberation struggle. His book, ‘A History of Resistance in Namibia’ (James Currey, 1988) is still widely referred to in academic works on recent Namibian history. Currently, he is the Director-General of the National Planning Commission. THE COLLECTION Summary The collection, covering the period 1965 to 1988 (but also holding some documents from as far back as 1915) consists mainly of SWAPO documents on activities in and outside Namibia during the time for the struggle for the liberation of Namibia (See summary of classes below).