20YR Chapter 1 Introduction.Pdf

Total Page:16

File Type:pdf, Size:1020Kb

20YR Chapter 1 Introduction.Pdf TWENTY YEAR REVIEW 1 introduction 1 INTRODUCTION THE YEAR 2014 REPRESENTS A to systematically reduce black people’s right to vote, thus historic milestone of South Africa’s 20 years of freedom protecting white rule and domination. and democracy. On 27 April 1994, for the first time, South Africans of all races, gender and creed cast their Black people faced further subjugation when diamonds votes in the country’s first democratic election. Until this were discovered in the vicinity of present-day Kimberley in momentous occasion, South Africa could not speak of 1867 and when gold was discovered on the Witwatersrand one nation. The first democratic election in 1994 made it in 1884. The white mine and land owners sought to possible for people to stand together and begin to build consolidate their wealth while excluding black people from one country that belongs to all who live in it. For the economic activity apart from providing cheap labour. majority of South Africans who had never voted before, their dignity was restored as they determined who would Following land and livestock dispossession and lead the country and fundamentally transform it from an deprivation of the opportunity to earn sustainable apartheid state to a democratic state. livelihoods, many black people were forced to migrate towards white-owned mines and farms to work as cheap This chapter provides an overview of the colonial and labour under appalling working conditions. Workers apartheid past, the democratic transition and a summary had no rights, were paid very low wages, housed in of South Africa’s journey over the last 20 years. The compounds, controlled by pass laws and separated from other chapters provide more detailed descriptions of the their families. They were held criminally responsible for legacy of apartheid and its impact on the economy, the strikes and any breaches of work contracts. In 1918, environment, social services, infrastructure, safety and through the Industrial and Commercial Workers’ Union security and international relations. and other formations, there was protest action against low wages, poor housing and passes. The Bantu 1.1 AN OVERVIEW OF SOUTH Women’s League also launched a campaign against AFRICA’S PAST passes for black women in 1918. Under colonialism and apartheid, black people were oppressed, dispossessed of their land and other means In 1906 the Natal government had introduced a £1 poll of livelihoods and systematically stripped of their basic tax on each male in Zululand. The tax placed further human rights including the right to vote and freedom of financial burden on black families who had already been movement and association. dispossessed of land and cattle and were unable to ensure sustainable livelihood. Chief Bhambatha kaMancinza Following the mid-1650 warfare between Dutch settlers refused to accept the introduction and collection of the and the indigenous Khoikhoi population, the latter poll tax and waged a fierce rebellion against the colonial were dispossessed of their land and forced to work for administration, through what has since become known as the settlers who had been allotted farms in the arable the Bhambatha Rebellion. regions around the Cape. From the mid-1830s the Great Trek occurred and the British entered the rest of South Africa. Despite the Thembu, Sotho, Xhosa, Zulu and other tribes fiercely resisting being conquered and winning some battles, such as the Anglo-Zulu War of THE PURPOSE OF THIS REVIEW 1878, they were later stripped of their independence The purpose of this Twenty Year Review is to reflect and subjugated to white rule. on the legacy that democratic South Africa inherited, how the country has progressed in realising the Freedom of movement of the black person was objectives it set for itself in 1994, the challenges controlled in the Cape Colony, Natal, and the Boer which still remain and how we could best address Republics of Transvaal and Orange Free State. At all these as we enter the third decade of democracy. times, black people had to carry pass documents that were used to control where they lived, their movement The Review has built on research undertaken for within the country, and where they could work. Through, the Ten and Fifteen Year Reviews, the National for example, the Glen Grey Act of 1894, the number of Development Plan (NDP), commissioned work black people who could live on and own their land and and inputs received from national departments, the size of land they owned were drastically reduced, provinces and local government. In developing dramatically changing people’s livelihoods and rendering the Twenty Year Review, 20 roundtable discussions many poor. Furthermore, the law laid the basis for racially were held with a range of stakeholders, including based spatial segregation through land dispossession. By academic and research institutions, the business introducing stringent property requirements to qualify for community and civil society. the vote, the Act used land (and dispossession thereof) MEDIACLUBSOUTHAFRICA.COM 2 TWENTY YEAR REVIEW When the First South African Wari (1880– possessions and became extremely poor. 1881) occurred, followed by the Second While government provided low-interest South African War (1899–1902) and the signing loans to white farmers, African farmers of the Treaty of Vereeniging on 31 May 1902, received no aid and increasingly found it the Boers lost their independence and agreed hard to compete with white farmers. Rights to be placed under the British Crown and of access to natural resources such as water government, paving the way for the formation of and minerals were reserved in perpetuity for a Union. Despite numerous appeals to the British a select few. government by black leaders, black people were excluded from political participation in Land dispossession, the lack of universal the Union, further eroding their political rights suffrage, and other forms of racial and aggravating their plight. The government oppression generated growing black of the Union of South Africa, established on political resistance and led to the formation 31 May 1910, formally introduced legislation that of a range of organisations amongst African, entrenched racially based discrimination and Coloured and Indian communities, including oppression. There was no universal suffrage and the African Peoples’ Organisation and the the multi-racial franchise with stringent property South African Indian Congress (which was and literacy requirements that had existed in formed by merging the Natal, Transvaal some provinces was gradually removed. and Cape Indian Congress). On 8 January 1912, the South African Native National Through the Mines and Works Act of 1911 Congress (SANNC) was formed (renamed and related amendments, an employment the African National Congress (ANC) in colour bar was established in the workplace, 1923). At the core of the formation of the and blacks were prohibited from competing SANNC was unity for all African people, for skilled work that was reserved for whites striving for universal suffrage, African rural only. A black person was not allowed to keep land ownership, equality before the law, a job if it could be given to a white person and, equal access to skilled work and the plight if there was a shortage of jobs, government of farm labourers, mine workers and other had the power to compel employers to lay off forms of employment. Pan-Africanism was blacks and provide jobs to whites1. The Act another key area of focus. These political weakened incentive and affected the standard organisations were united in their opposition of work, reduced labour mobility, limited to racially discriminatory and oppressive training and development and contributed to policies and increasingly collaborated with serious skills shortages that are still being felt each other in this regard. to this day. The Act also had a damaging effect on race relations, labour relations and reduced When the National Party came into power the efficiency of industrial firms and negatively in 1948, it formally introduced apartheid affected the general economy. and determinedly enforced it. Building on the Native Land Act of 1913, it established The Native Land Act of 1913 was one of the 10 homelands under the guise of ultimately first major pieces of segregation legislation providing “independence” to black people. passed by the Union and it formalised the The real intention was to deprive black people systematic dispossession of black people’s of their South African citizenship and enable land and livestock resulting in further the creation of a white Republic of South impoverishment and marginalisation. Through Africa. Through this system, the apartheid the Act, 87 percent of the land was reserved state would have no responsibility towards for whites and only 13 percent reserved for African people as citizens of South Africa. black people. Africans were stripped of the rights to purchase, own, lease, or use land, The homelands mainly served as labour except in “reserves” for African people. reservoirs for “white” South Africa, housing African people and releasing them into The Act resulted in large-scale, racially based white areas/towns when their labour was expropriation of land without compensation, required. Through this system, the apartheid as black people were evicted, lost land that government sought to serve the mining had previously belonged to them, and were industry’s labour requirements as well as forcibly removed to the reserves, which were those of farmers and other white-owned often areas with no prospects for economic businesses, while at the same time retaining i Previously known as development. Many black people lost their white political dominance in South Africa. the Anglo Boer Wars. 3 INTRODUCTION WIKIPEDIA.ORG The homelands were largely characterised by lived in townships and informal settlements marginal lands with low production capacity, on the outskirts of South African cities. Most were unable to develop local economies and remained isolated in the underdeveloped were dependent on the apartheid state for homelands, trapped in a vicious cycle of funding.
Recommended publications
  • South·Africa in Transition
    POLITICS OF HOPE AND TERROR: South ·Africa in Transition Report on Violence in South Africa by an American Friends Service Committee Study Team November 1992 The American Friends Service Committee's concern over Southern Africa has grown out of over 60 years of relationships since the first visit by a representative of the organization. In 1982 the AFSC Board of Directors approved the release of a full length book, Challenge and Hope, as a statement of its views on South Africa. Since 1977 the AFSC has had a national Southern Africa educational program in its Peace Education Division. AMERICAN FRIENDS SERVICE COMMITTEE 1501 Cherry Street Philadelphia, PA 19102 (215) 241-7000 AFSC REGIONAL OFFICES: Southeastern Region, Atlanta, Georgia 30303, 92 Piedmont Avenue, NE; Middle Atlantic Region, Baltimore, Maryland 21212, 4806 York Road; New England Region, Cambridge, Massachusetts 02140, 2161 Massachusetts Avenue; Great Lakes Region, Chicago, Illinois 60605, 59 E. Van Buren Street, Suite 1400; North Central Region, Des Moines, Iowa 50312, 4211 Grand Avenue; New York Metropolitan Region, New York, New York 10003, 15 Rutherford Place; Pacific Southwest Region, Pasadena, California 91103, 980 N. Fair Oaks Avenue; Pacific Mountain Region, San Francisco, California 94121,2160 Lake Street; Pacific Northwest Region, Seattle, Washington 98105, 814 N.E. 40th Street. CONTENTS II THE AFSC DELEGATION 1 PREFACE III POLITICS OF HOPE AND TERROR: South Africa in Transition 1 THE BASIC VIOLENCE 2 ANALYZING THE VIOLENCE 5 THE HIDDEN HAND 7 RETALIATION 9 POLICE INVESTIGATIONS 11 LESSONS FROM THE BOIPATONG MASSACRE 12 HOMELAND VIOLENCE IN CISKEI AND KWAZULU 13 HOMELAND LEADERS BUTHELEZI AND GQOZO 16 CONCLUSION 19 RECOMMENDATIONS 20 ACRONYMS 21 TEAM INTERVIEWS AND MEETINGS 22 THE AFSC DELEGATION TO SOUTH AFRICA The American Friends Service Committee's Board of Directors approved a proposal in June 1992 for a delegation to visit South Africa to study the escalating violence there.
    [Show full text]
  • South Africa
    Safrica Page 1 of 42 Recent Reports Support HRW About HRW Site Map May 1995 Vol. 7, No.3 SOUTH AFRICA THREATS TO A NEW DEMOCRACY Continuing Violence in KwaZulu-Natal INTRODUCTION For the last decade South Africa's KwaZulu-Natal region has been troubled by political violence. This conflict escalated during the four years of negotiations for a transition to democratic rule, and reached the status of a virtual civil war in the last months before the national elections of April 1994, significantly disrupting the election process. Although the first year of democratic government in South Africa has led to a decrease in the monthly death toll, the figures remain high enough to threaten the process of national reconstruction. In particular, violence may prevent the establishment of democratic local government structures in KwaZulu-Natal following further elections scheduled to be held on November 1, 1995. The basis of this violence remains the conflict between the African National Congress (ANC), now the leading party in the Government of National Unity, and the Inkatha Freedom Party (IFP), the majority party within the new region of KwaZulu-Natal that replaced the former white province of Natal and the black homeland of KwaZulu. Although the IFP abandoned a boycott of the negotiations process and election campaign in order to participate in the April 1994 poll, following last minute concessions to its position, neither this decision nor the election itself finally resolved the points at issue. While the ANC has argued during the year since the election that the final constitutional arrangements for South Africa should include a relatively centralized government and the introduction of elected government structures at all levels, the IFP has maintained instead that South Africa's regions should form a federal system, and that the colonial tribal government structures should remain in place in the former homelands.
    [Show full text]
  • RELIGIOUS ACTION NETWORK for Justice and Peace in Southern Africa
    RELIGIOUS ACTION NETWORK for justice and peace in southern Africa a project of the American Committee on Africa ONE MORE MASSACRE by Aleah Bacquie "It seemed so absolutely unnecessary. If this is a taste of things to come, then God help us all." -John Hall, Chairperson Peace Committee God help us all indeed. Soldiers firing on unarmed peaceful demonstrators with no warning whatsoever is nothing new under the South African sun. (It was only last month that I wrote to you about the Boipatong Massacre.) Now, twenty-eight more are dead, 200 more wounded. The only fresh, but twisted slant comes from the "Gorbachevian" De Kierk, escort of the "New South Africa". You know the appalling statistics by now, nearly 8,000 people dead due to political violence 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. Complete denial of any South African governmental responsibility was expected, even though the soldiers who fired were under the command of a South African Defense Force Brigadier on loan to the "bantustan" Ciskei government. The South African government has long contended that the Black "bantustans" are independent governments, although they are not recognized by any other government, including the U.S. However, with hard evidence of government complicity mounting, De Klerk tried a new tactic, blaming the victim. He somehow mustered the gall to assert that the massacre of ANC supporters is the fault of the ANC! According to this disturbed logic, those Blacks who dared to exercise their right of peaceful assembly and protest are to blame because they should have known that Pretoria's puppet, Oupa Gqozo, would fire on the marchers.
    [Show full text]
  • Bibliography
    Bibliography Adler, G. and Webster, E. (eds.) (2000) Trade Unions and Democratization in South Africa 1985±1998. London: Macmillan. Adler, J. (1994) `Life in an Informal Settlement'. Urban Forum, vol. 5, no. 2. Altbeker, A. and Steinberg, J. (1998) `Race, Reason and Representation in National Party Discourse, 1990±1992', in D. Howarth and A. Norval, (eds.) South Africa in Transition: New Theoretical Perspectives. London: Macmillan. Althusser, L. (1990) Philosophy and the Spontaneous Philosophy of the Scientists and Other Essays. London: Verso. Anacleti, O. (1990) `African Non-Governmental OrganisationsÐDo They Have a Future?' in Critical Choices for the NGO Community: African Development in the 1990s. Centre for African Studies, University of Edinburgh. ANC (African National Congress). (1980) `Strategies and Tactics', in B. Turok (ed.) Revolutionary Thought in the 20th Century. London: Zed Press. ANC (1985) Kabwe Consultative Conference. Unpublished minutes from the Commissions on Cadre Development and Strategies and Tactics. ANC (1986) `Attack! Attack! Give the Enemy No Quarter. Annual anniversary statement by the national executive committee of the ANC, 8 January 1986'. Sechaba, March edition. ANC (1994) The Reconstruction and Development Programme. Johannesburg: Uma- nyano Publications. Anon. (1985) `Building a tradition of resistance'. Work in Progress, no. 12. Anyang'Nyong'o, P. (ed.) (1987) Popular Struggles for Democracy in Africa. London: Zed Press. Atkinson, D. (1991) `Cities and Citizenship: Towards a Normative Analysis of the Urban Order in South Africa, with Special Reference to East London, 1950±1986'. Ph.D. thesis, University of Natal. Atkinson, D. (1992) `Negotiated Urban Development: Lessons from the Coal Face'. Centre for Policy Studies research report no.
    [Show full text]
  • Trc-Media-Sapa-2000.Pdf
    GRAHAMSTOWN Jan 5 Sapa THREE OF DE KOCK'S CO-ACCUSED TO CHALLENGE TRC DECISION Three former security branch policemen plan to challenge the Truth and Reconciliation Commission's decision to refuse them and seven of their former colleagues, including Eugene de Kock, amnesty for the 1989 murder of four policemen. De Kock, Daniel Snyman, Nicholaas Janse Van Rensburg, Gerhardus Lotz, Jacobus Kok, Wybrand Du Toit, Nicolaas Vermeulen, Marthinus Ras and Gideon Nieuwoudt admitted responsibility for the massive car bomb which claimed the lives of Warrant Officer Mbalala Mgoduka, Sergeant Amos Faku, Sergeant Desmond Mpipa and an Askari named Xolile Shepherd Sekati. The four men died when a bomb hidden in the police car they were travelling in was detonated in a deserted area in Motherwell, Port Elizabeth, late at night in December 1989. Lawyer for Nieuwoudt, Lotz and Van Rensburg, Francois van der Merwe said he would shortly give notice to the TRC of their intention to take on review the decision to refuse the nine men amnesty. He said the judgment would be taken on review in its entirety, and if it was overturned by the court, the TRC would once again have to apply its mind to the matter in respect of all nine applicants. The applicants had been "unfairly treated", he said and the judges had failed to properly apply their mind to the matter. The amnesty decision was split, with Acting Judge Denzil Potgieter and Judge Bernard Ngoepe finding in the majority decision that the nine men did not qualify for amnesty as the act was not associated with a political objective and was not directed against members of the ANC or other liberation movements.
    [Show full text]
  • We Were Cut Off from the Comprehension of Our Surroundings
    Black Peril, White Fear – Representations of Violence and Race in South Africa’s English Press, 1976-2002, and Their Influence on Public Opinion Inauguraldissertation zur Erlangung der Doktorwürde der Philosophischen Fakultät der Universität zu Köln vorgelegt von Christine Ullmann Institut für Völkerkunde Universität zu Köln Köln, Mai 2005 ACKNOWLEDGEMENTS The work presented here is the result of years of research, writing, re-writing and editing. It was a long time in the making, and may not have been completed at all had it not been for the support of a great number of people, all of whom have my deep appreciation. In particular, I would like to thank Prof. Dr. Michael Bollig, Prof. Dr. Richard Janney, Dr. Melanie Moll, Professor Keyan Tomaselli, Professor Ruth Teer-Tomaselli, and Prof. Dr. Teun A. van Dijk for their help, encouragement, and constructive criticism. My special thanks to Dr Petr Skalník for his unflinching support and encouraging supervision, and to Mark Loftus for his proof-reading and help with all language issues. I am equally grateful to all who welcomed me to South Africa and dedicated their time, knowledge and effort to helping me. The warmth and support I received was incredible. Special thanks to the Burch family for their help settling in, and my dear friend in George for showing me the nature of determination. Finally, without the unstinting support of my two colleagues, Angelika Kitzmantel and Silke Olig, and the moral and financial backing of my family, I would surely have despaired. Thank you all for being there for me. We were cut off from the comprehension of our surroundings; we glided past like phantoms, wondering and secretly appalled, as sane men would be before an enthusiastic outbreak in a madhouse.
    [Show full text]
  • Panel Discussion
    ID: International Dialogue, A Multidisciplinary Journal of World Affairs 9 2019 Panel Discussion Are Reparations Possible? Lessons to the United States from South Africa The Honorable Richard Goldstone, Dr. Lewis Gordon, Dr. Alecia Anderson (moderator)* The Honorable Richard Goldstone is a former justice of South Africa’s Constitutional Court. He was instrumental in several key decisions that worked to unravel South Africa’s system of apartheid. He worked closely with Nelson Mandela during the transition from apartheid and headed the Goldstone Commission, which was created to investigate ongoing police violence. Goldstone also served as the first Chief Prosecutor of the United Nations International Criminal Tribunal for the former Yugoslavia and for Rwanda, prosecuting numerous war crimes. Goldstone has received the International Human Rights Award of the American Bar Association, the Thomas J. Dodd Prize in International Justice and Human Rights, and the MacArthur Award for International Justice. Dr. Lewis Gordon is Professor of Philosophy with affiliations in Jewish Studies, Caribbean and Latinx Studies, Asian and Asian American Studies, and Global Studies at the University of Connecticut at Storrs. He has written extensively on race and racism, postcolonial phenomenology, the works of Frantz Fanon and W.E.B. Du Bois, social and political philosophy, aesthetics, and Black existentialism. Among his many notable accomplishments, Gordon founded the Center for Afro-Jewish Studies in Philadelphia, which provided reliable sources of information on African Diasporic Jewish and Hebrew populations and the Second Chance Program at Lehman High School in New York, which was designed for in-school truants. Gordon also holds Visiting Professor appointments at Toulouse University in France and Rhodes University in South Africa.
    [Show full text]
  • Dispossession, Displacement, and the Making of the Shared Minibus Taxi in Cape Town and Johannesburg, South Africa, 1930-Present
    Sithutha Isizwe (“We Carry the Nation”): Dispossession, Displacement, and the Making of the Shared Minibus Taxi in Cape Town and Johannesburg, South Africa, 1930-Present A Dissertation SUBMITTED TO THE FACULTY OF THE UNIVERSITY OF MINNESOTA BY Elliot Landon James IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE DEGREE OF DOCTOR OF PHILOSOPHY Allen F. Isaacman & Helena Pohlandt-McCormick November 2018 Elliot Landon James 2018 copyright Table of Contents List of Figures ................................................................................................................. ii List of Abbreviations ......................................................................................................iii Prologue .......................................................................................................................... 1 Chapter 1 ....................................................................................................................... 17 Introduction: Dispossession and Displacement: Questions Framing Thesis Chapter 2 ....................................................................................................................... 94 Historical Antecedents of the Shared Minibus Taxi: The Cape Colony, 1830-1930 Chapter 3 ..................................................................................................................... 135 Apartheid, Forced Removals, and Public Transportation in Cape Town, 1945-1978 Chapter 4 ....................................................................................................................
    [Show full text]
  • 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 ......................................................
    [Show full text]
  • Apartheid South Africa Xolela Mangcu 105 5 the State of Local Government: Third-Generation Issues Doreen Atkinson 118
    ress.ac.za ress.ac.za p State of the Nation South Africa 2003–2004 Free download from www.hsrc Edited by John Daniel, Adam Habib & Roger Southall ress.ac.za ress.ac.za p Free download from www.hsrc ress.ac.za ress.ac.za p Compiled by the Democracy & Governance Research Programme, Human Sciences Research Council Published by HSRC Press Private Bag X9182, Cape Town, 8000, South Africa HSRC Press is an imprint of the Human Sciences Research Council Free download from www.hsrc ©2003 Human Sciences Research Council First published 2003 All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers. ISBN 0 7969 2024 9 Cover photograph by Yassir Booley Production by comPress Printed by Creda Communications Distributed in South Africa by Blue Weaver Marketing and Distribution, PO Box 30370, Tokai, Cape Town, South Africa, 7966. Tel/Fax: (021) 701-7302, email: [email protected]. Contents List of tables v List of figures vii ress.ac.za ress.ac.za p Acronyms ix Preface xiii Glenn Moss Introduction Adam Habib, John Daniel and Roger Southall 1 PART I: POLITICS 1 The state of the state: Contestation and race re-assertion in a neoliberal terrain Gerhard Maré 25 2 The state of party politics: Struggles within the Tripartite Alliance and the decline of opposition Free download from www.hsrc Roger Southall 53 3 An imperfect past:
    [Show full text]
  • Chapter 3 Making the Road.Fm
    A MENSCH ON THE BENCH: THE PLACE OF THE SACRED IN THE SECULAR JURISPRUDENCE OF JUSTICE RICHARD GOLDSTONE HAPTER C 3 Michael Cosser Source: http://www.constitutionalcourt.org.za/site/judges/justicerichardgoldstone/index1.html 1 Introduction Justice Richard Goldstone was one of four Supreme Court of Appeal judges (along with Lourens Ackermann, Tholie Madala and Ismail Mohamed) appointed to the first Bench of the Constitutional Court. The appointment was made by President Mandela, in consultation with the cabinet and the then Chief Justice, Judge Michael Corbett, after the appointment of Arthur Chaskalson, senior counsel and the national director of the Legal Resources Centre, as President of the Constitutional Court had been made.148 Justice Goldstone served as a judge of the Court from his appointment in 1994 to his retirement in 2003 – a period of ten years. 148 Constitutional Court of South Africa ‘ABOUT THE COURT | History of the court’ http://www.constitutionalcourt.org.za/site/thecourt/history.htm#judges (accessed 13 February 2017). 44 Justice Richard Goldstone 45 Goldstone’s service on the Bench of the Constitutional Court forms part of a long and illustrious career as a corporate lawyer, as a Supreme and Appellate Court judge, and as the head of various inquiries, both South African and international, into issues of local and international importance. The focus of this chapter, while it charts key moments in his career, is on his contribution to our understanding of the South African Constitution – an understanding forged both through what others have said about him and what he has said about himself in relation to the law and specifically about the Constitution, through the judgements he has handed down from the Benches of all the courts on which he has served, and through his extra-curial pronouncements, whether in interviews, speeches, reports, articles, or books.
    [Show full text]
  • Amnesty for the South African Government
    SOUTHERN AFRICA PROJECT Gay J. McDougall, Director AMNESTY FOR THE SOUTH AFRICAN GOVERNMENT Lawyers' Committee for Civil Rights Under Law 1400 Eye Street, NW, Suite 400 • Washington, DC 20005 • (202) 371·1212 Who should be held responsible for the human rights abuses and violence which have been inextricable elements of apartheid? Will the transition to democracy in South Africa be served or undermined if such crimes are forgotten or forgiven? These questions have been the center of focus in South Africa for nearly three years. In the bilateral talks held between the South African government and the African National Congress since the middle of 1990, the two most contested issues have been the release of political prisoners and indemnity for political offenses. That process, which at the time was understood to apply solely to anti-apartheid activists, has now been extended by the South African government to encompass pro-apartheid actors, most importantly, government security forces. On November 9, 1992, President de Klerk enacted the Further Indemnity Act which grants liberal amnesty to all those whose criminal actions committed before October 8, 1990, are found to have been motivated by "political objectives". The clear intent is to absolve security force personnel whose crimes were committed in defense of apartheid and under color of government authority. The passage of the Act occurred in the context of mounting evidence of security force involvement at the highest levels in assassination squads and township violence. THE CRIMES OF APARTHEID In international law, political offenses are usually deemed to have taken place during some form of anti-state activity, such as an uprising or other expression of dissent.
    [Show full text]