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Constitutional Authority and Its Limitations: the Politics of Sexuality in South Africa
South Africa Constitutional Authority and its Limitations: The Politics of Sexuality in South Africa Belinda Beresford Helen Schneider Robert Sember Vagner Almeida “While the newly enfranchised have much to gain by supporting their government, they also have much to lose.” Adebe Zegeye (2001) A history of the future: Constitutional rights South Africa’s Constitutional Court is housed in an architecturally innovative complex on Constitution Hill, a 100-acre site in central Johannesburg. The site is adjacent to Hillbrow, a neighborhood of high-rise apartment buildings into which are crowded thousands of mi- grants from across the country and the continent. This is one of the country’s most densely populated, cosmopolitan and severely blighted urban areas. From its position atop Constitu- tion Hill, the Court offers views of Hillbrow’s high-rises and the distant northern suburbs where the established white elite and increasing numbers of newly affluent non-white South Africans live. Thus, while the light-filled, colorful and contemporary Constitutional Court buildings reflect the progressive and optimistic vision of post-apartheid South Africa the lo- cation is a reminder of the deeply entrenched inequalities that continue to define the rights of the majority of people in the country and the continent. CONSTITUTIONAL AUTHORITY AND ITS LIMITATIONS: THE POLITICS OF SEXUALITY IN SOUTH AFRICA 197 From the late 1800s to 1983 Constitution Hill was the location of Johannesburg’s central prison, the remains of which now lie in the shadow of the new court buildings. Former prison buildings include a fort built by the Boers (descendents of Dutch settlers) in the late 1800s to defend themselves against the thousands of men and women who arrived following the discovery of the area’s expansive gold deposits. -
Appointments to South Africa's Constitutional Court Since 1994
Durham Research Online Deposited in DRO: 15 July 2015 Version of attached le: Accepted Version Peer-review status of attached le: Peer-reviewed Citation for published item: Johnson, Rachel E. (2014) 'Women as a sign of the new? Appointments to the South Africa's Constitutional Court since 1994.', Politics gender., 10 (4). pp. 595-621. Further information on publisher's website: http://dx.doi.org/10.1017/S1743923X14000439 Publisher's copyright statement: c Copyright The Women and Politics Research Section of the American 2014. This paper has been published in a revised form, subsequent to editorial input by Cambridge University Press in 'Politics gender' (10: 4 (2014) 595-621) http://journals.cambridge.org/action/displayJournal?jid=PAG Additional information: Use policy The full-text may be used and/or reproduced, and given to third parties in any format or medium, without prior permission or charge, for personal research or study, educational, or not-for-prot purposes provided that: • a full bibliographic reference is made to the original source • a link is made to the metadata record in DRO • the full-text is not changed in any way The full-text must not be sold in any format or medium without the formal permission of the copyright holders. Please consult the full DRO policy for further details. Durham University Library, Stockton Road, Durham DH1 3LY, United Kingdom Tel : +44 (0)191 334 3042 | Fax : +44 (0)191 334 2971 https://dro.dur.ac.uk Rachel E. Johnson, Politics & Gender, Vol. 10, Issue 4 (2014), pp 595-621. Women as a Sign of the New? Appointments to South Africa’s Constitutional Court since 1994. -
Unrevised Hansard National
UNREVISED HANSARD NATIONAL ASSEMBLY TUESDAY, 13 JUNE 2017 Page: 1 TUESDAY, 13 JUNE 2017 ____ PROCEEDINGS OF THE NATIONAL ASSEMBLY ____ The House met at 14:02. The Speaker took the Chair and requested members to observe a moment of silence for prayer or meditation. MOTION OF CONDOLENCE (The late Ahmed Mohamed Kathrada) The CHIEF WHIP OF THE MAJORITY PARTY: Hon Speaker I move the Draft Resolution printed in my name on the Oder Paper as follows: That the House — UNREVISED HANSARD NATIONAL ASSEMBLY TUESDAY, 13 JUNE 2017 Page: 2 (1) notes with sadness the passing of Isithwalandwe Ahmed Mohamed Kathrada on 28 March 2017, known as uncle Kathy, following a short period of illness; (2) further notes that Uncle Kathy became politically conscious when he was 17 years old and participated in the Passive Resistance Campaign of the South African Indian Congress; and that he was later arrested; (3) remembers that in the 1940‘s, his political activities against the apartheid regime intensified, culminating in his banning in 1954; (4) further remembers that in 1956, our leader, Kathrada was amongst the 156 Treason Trialists together with Nelson Mandela and Walter Sisulu, who were later acquitted; (5) understands that he was banned and placed under a number of house arrests, after which he joined the political underground to continue his political work; UNREVISED HANSARD NATIONAL ASSEMBLY TUESDAY, 13 JUNE 2017 Page: 3 (6) further understands that he was also one of the eight Rivonia Trialists of 1963, after being arrested in a police swoop of the Liliesleaf -
JSC Rejects Hlophe Bid for Recusal of Five Members
Legalbrief | your legal news hub Thursday 30 September 2021 JSC rejects Hlophe bid for recusal of five members The Judicial Service Commission (JSC) will for the first time hold an inquiry that could be the prelude to the impeachment of a judge, after it rejected a request that five of its members should recuse themselves, says a report in the The Sunday Independent. The JSC, which met at the weekend to consider the complaints by the Constitutional Court and Cape Judge President John Hlophe, found that in view of the 'conflict of fact' on papers before it, oral evidence would be required from both sides. The report quotes an unnamed leading senior counsel as saying: 'The inquiry that is going to be held is of huge importance. If this matter is proved, it is difficult to imagine anything more serious.' The request for recusal by counsel for Hlophe was based on concerns that he would not get a fair hearing because last year the five had felt the Judge President should face a gross misconduct inquiry relating to his 'moonlighting' for the Oasis group of companies. At the time, during the Oasis matter, the JSC had been split largely on racial lines, and it was Chief Justice Pius Langa who cast the deciding vote that saw Hlophe escape an inquiry that could have led to his impeachment. According to a report on the News24 site, JSC spokesperson Marumo Moerane said both parties made presentations regarding the future conduct of the matter. He said notice of the date and venue of the oral hearing would be made known once arrangements had been finalised. -
A Brief History of the North West Bar Association
THE BAR IN SA was a circuit court. This led to an arrangement being made between the A brief history of the North West Bar and advocates who were employed Bar Association as lecturers at the Law Faculty of the newly established University of LCJ Maree SC, Mafikeng Transkei in terms of which lecturers were allowed to practise on a part-time basis. Thus in 1978, Don Thompson, Birth and name (Judge-President of the High Court of Bophuthatswana), F Kgomo (Judge Brian Leslie, Joe Renene and Selwyn In an old dilapidated minute book, the President of Northern Cape High Court) Miller (presently the Acting Judge following is to be found on the first and Nkabinde, Leeuw and Chulu President of the Transkei Division) all page: 'Ons, die ondergetekendes, stig (deceased) Uudges of the High Court of became members of the Society. hiermee 'n organisasie wat bekend sal Bophuthatswana). A number of our staan as die Balie van Advokate van The membership of the Society grew members have acted as judges in various Bophuthatswana, ook bekend as die steadily during the 1980s. New members divisions and Lever SC has also acted in Balie van Bophuthatswana. Die grond included Tholie Madala (a justice of the the High Court of Botswana. Our mem wet van die Vereniging is hierby aange Constitutional Court from its inception), bers have chaired various commissions heg as Bylae A.' The 'stigtingsakte' as Peter Rowan, Peter Barratt, Joe Miso, during the period when commissions of they called it, was signed by Advocates enquiries were fashionable. Vic Vakalisa (upon his return), Digby JJ Rossouw, TBR Kgalegi and LAYJ Koyana, Nona Goso, Sindi Majokweni, Thomas on 17 March 1981 at Mafikeng. -
The Struggle for the Rule of Law in South Africa
NYLS Law Review Vols. 22-63 (1976-2019) Volume 60 Issue 1 Twenty Years of South African Constitutionalism: Constitutional Rights, Article 5 Judicial Independence and the Transition to Democracy January 2016 The Struggle for the Rule of Law in South Africa STEPHEN ELLMANN Martin Professor of Law at New York Law School Follow this and additional works at: https://digitalcommons.nyls.edu/nyls_law_review Part of the Constitutional Law Commons Recommended Citation STEPHEN ELLMANN, The Struggle for the Rule of Law in South Africa, 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 Stephen Ellmann The Struggle for the Rule of Law in South Africa 60 N.Y.L. Sch. L. Rev. 57 (2015–2016) ABOUT THE AUTHOR: Stephen Ellmann is Martin Professor of Law at New York Law School. The author thanks the other presenters, commentators, and attenders of the “Courts Against Corruption” panel, on November 16, 2014, for their insights. www.nylslawreview.com 57 THE STRUGGLE FOR THE RULE OF LAW IN SOUTH AFRICA NEW YORK LAW SCHOOL LAW REVIEW VOLUME 60 | 2015/16 I. INTRODUCTION The blight of apartheid was partly its horrendous discrimination, but also its lawlessness. South Africa was lawless in the bluntest sense, as its rulers maintained their power with the help of death squads and torturers.1 But it was also lawless, or at least unlawful, in a broader and more pervasive way: the rule of law did not hold in South Africa. -
The Association for Diplomatic Studies and Training Foreign Affairs Oral History Project
The Association for Diplomatic Studies and Training Foreign Affairs Oral History Project STEVE McDONALD Interviewed by: Dan Whitman Initial Interview Date: August 17, 2011 Copyright 2018 ADST TABLE OF CONTENTS Education MA, South African Policy Studies, University of London 1975 Joined Foreign Service 1975 Washington, DC 1975 Desk Officer for Portuguese African Colonies Pretoria, South Africa 1976-1979 Political Officer -- Black Affairs Retired from the Foreign Service 1980 Professor at Drury College in Missouri 1980-1982 Consultant, Ford Foundation’s Study 1980-1982 “South Africa: Time Running Out” Head of U.S. South Africa Leadership Exchange Program 1982-1987 Managed South Africa Policy Forum at the Aspen Institute 1987-1992 Worked for African American Institute 1992-2002 Consultant for the Wilson Center 2002-2008 Consulting Director at Wilson Center 2009-2013 INTERVIEW Q: Here we go. This is Dan Whitman interviewing Steve McDonald at the Wilson Center in downtown Washington. It is August 17. Steve McDonald, you are about to correct me the head of the Africa section… McDONALD: Well the head of the Africa program and the project on leadership and building state capacity at the Woodrow Wilson international center for scholars. 1 Q: That is easy for you to say. Thank you for getting that on the record, and it will be in the transcript. In the Wilson Center many would say the prime research center on the East Coast. McDONALD: I think it is true. It is a think tank a research and academic body that has approximately 150 fellows annually from all over the world looking at policy issues. -
Cadres Running Scared
PAGE 3 PAGE 4 PAGE 6 FINANCE// GLOBAL CITIZEN// LIGHT// THE FAMOUS LIVING THE LIFE RUGBY: it’S KICK- BRANDS JOURNEY IN LISBON OFF TIME, FINALLY BizTHE RATIONAL PERSPECTIVENewsDigest WWW.BIZNEWS.COM FRIDAY 09 OCTOBER 2020 BIZNEWSCOM Cadres running scared BRIEFS Business Long-suffering South Africans, even those more cynically inclined, have reason to celebrate Arrest Confidence Index October, now that the National Prosecution Authority is finally cracking the whip. At last count, 17 suspects had been rounded up with more arrests on the cards under the rejuvenated leadership of the 85.7 NPA, and nourished by the flow of evidence at the Zondo Commission into State Capture. It’s early September 2020 days, but a tangible momentum shift is undeniable, that the corrupt elite’s days of reckoning are coming. The likes of serially-implicated ANC secretary general Ace Magashule and former minister Nomvula Mokonyane, among others, must know it’s not if, but when the Hawks put on the cuffs and R640m take them for a drive. – Derek Alberts Sanral shortfall to date By Claire Badenhorst Ace quivering The Free State asbestos project that lead to the arrest of seven Afrimat he State Capture suspects, including fast-living interim headline Commission has heard tenderpreneur Edwin Sodi, cast earnings per share from key witnesses about even more aspersions on deeply Thow several meetings were held implicated ANC secretary general with former president Jacob Ace Magashule. 0-5% Zuma, his close friend Dudu He is said to be feeling the pressure Myeni, and Eskom executives though, so much so that he sought in 2015. -
New Chief Justice and Onstitutional Court Justices
JUDICIARY TH I now come to Justice Albie Sachs. What’s to say that hasn’t been President of this court in August 1997 and, in November 2001, Deputy 5 WORLD BAR CONFERENCE said? Chief Justice. He became Chief Justice and head of this court with Justice Sachs has written extensively on culture, gender rights and effect from 1 June 2005. In his four years as Chief Justice he has had the environment. [His] … contribution to the artwork in the court is to deal with impossible challenges to the judiciary. He has done so, in well-documented. our view, with remarkable dignity and strength of resolve in the face He has variously said: of adversity. ‘I heard they’d caught the guy who’d put the bomb in my car. He has said, extra-curially: To this day I don’t know if it was true or not, but I said, ‘’Fantastic, ‘Africa simply cannot afford to … bear more genocides, territorial I’d love to meet him. I’d love to have a human, face-to-face contact wars and war-lordism; the fostering, promotion and use of child The New Legal Challenges: with him.’’ To humanise the relationship. The idea of being almost soldiers to fight in wars designed to satisfy the ambitions of grown blotted out by someone who doesn’t know me, who’s only seen me in men; the wanton abuse and rape perpetrated on women and children; a photograph as an object to be eliminated was unbearable. And I just schemes that result in hunger, starvation and extreme poverty. -
The Life Esidimeni Tragedy in South Africa Ebenezer Durojaye and Daphine Kabagambe Agaba
HHr Health and Human Rights Journal perspective HHR_final_logo_alone.indd 1 10/19/15 10:53 AM Contribution of the Health Ombud to Accountability: The Life Esidimeni Tragedy in South Africa ebenezer durojaye and daphine kabagambe agaba Introduction Between October 2015 and June 2016, 1,711 people were relocated from mental health facilities operated by long-term provider Life Esidimeni in the South African province of Gauteng to alternative facilities managed by multiple nongovernmental organizations (NGOs). The result of the change in providers, and the manner in which the transfers were managed, became a tragedy that culminated in the death of 144 mental health care patients and the exposure of 1,418 others to torture, trauma, and poor health outcomes.1 The state was unable to ascertain the whereabouts of a further 44 patients. The tragedy began in October 2015, when the then member of the Executive Council for health in the populous Gauteng province, which includes Johannesburg and Pretoria, announced the termination of a 40-year contract between the Department of Health and Life Esidimeni for the provision of mental health services.2 The NGO facilities to which the patients were transferred were ill prepared and ill equipped for the influx of patients.3 The tragedy drew further public attention in September 2016, when, responding to a question raised in Parliament, the member of the Executive Council for health said that about 36 former residents of Life Esidimeni had died under mysterious circumstances following their transfers. South -
Application to the Tribunal
Application to the Tribunal And as replacement to 2015.010.21 Application UZA with ITNJ General Jurisdiction: Republic of South Africa Court of origin (where appropriate): Constitutional Court of South Africa; Appeal number (where appropriate): Date of filing: 23rd of October 2015 ITNJ File No: 2015.01 - UZA Constitutional Court Case Number: CCT 200/15 Agents Applicant’s agents: court of record: representative real action of we, the people; Unified Common-law Grand Jury of Southern Africa, hereinafter UZA or uza Respondent’s agents: The National Prosecuting Authority of South Africa 1. Details of the applicant Applicant’s full name: Unified Common Law Grand Jury of Southern Africa Original status: Claimant Defendant Intervener ITNJ Form 1 – Application to the Tribunal Page 1 of 21 Petitioner Respondent Agent (if applicable) Name: administrator: brother-thomas-graham:carlsson-rudman prosecutor : miss t bailiwick : jan:lohfeldt Address: Telephone: skype: commonlawsa1 c/o Unified Grand Jury ZA Fax no: ------- P.O. Box 166 DX no: ------- Laezonia Ref: Pretoria Concourt: CCT: 200/15 South Africa, ZA ITNJ: 15.10.23 UZA: 2013/06/S11 Postcode: n/a (jurisdiction) Email: [email protected] and [email protected] and [email protected] How would you prefer us to communicate with you? Via email thank you; Counsel (if applicable) Name: miss t (attorney at law) attorney in fact in this case Address: s/a/a Telephone no: Fax no: Postcode: DX no: Ref: Email: [email protected] How would you prefer us to communicate with you? Email ITNJ Form 1 – Application to the Tribunal Page 2 of 21 2. -
The Formal Court Sitting to Mark the Departure of Deputy Chief Justice Dikgang Moseneke from the Constitutional Court of South
The Formal Court Sitting to Mark the Departure of Deputy Chief Justice Dikgang Moseneke from the Constitutional Court of South Africa Friday, 20 May 2016 Chief Justice, former President Thabo Mbeki and Mrs Mbeki; former President Kgalema Motlanthe and Mrs Motlanthe, President and Deputy President of the Supreme Court of Appeal. Justices of the Constitutional Court – both currently sitting and retired. Judges President, Heads of Courts and Judges of all our courts, the Chairperson of the National Council of Provinces, Deputy Minister of Justice and Constitutional Development, leaders of political parties and of social movements, all formations within the legal fraternity, Deans of Law Schools, members of my family, and in particular my wife, Kabo Moseneke and my mother, Karabo Moseneke. Allow me also to welcome all patriots, compatriots and citizens of our land and friends who have cared to come and observe this moment with us. I will cease to hold office as a Deputy Chief Justice of the Republic and retire from the Constitutional Court of South Africa at midnight today, 20 May 2016. I have had the distinct privilege of serving the judicial bench for 15 years; of which no less than a continuous period of 14 years I served in the Highest Court of the Republic. A formal ceremony, such as the present, is by now well etched in our judicial convention. The Judiciary knows no better way of celebrating and sending off one of its own than in the very forum in which it dispenses justice. It is a time honoured tradition that on an occasion as the present, fellow colleagues who 1 hold judicial office would robe and so would counsel and be in attendance as a mark of homage to the departing Justice.