SOUTH AFRICAN INSTITUTE of RACE RELATIONS 79Th ANNUAL
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South Africa
<*x>&&<>Q&$>ee$>Q4><><>&&i<>4><><i^^ South Africa UNION OF SOUTH AFRICA HE political tension of the previous three years in the Union of South TAfrica (see articles on South Africa in the AMERICAN JEWISH YEAR BOOK, Vols. 51, 52 and 53) broke, during the period under review, into a major constitutional crisis. A struggle began between the legislature and the judi- ciary over the "entrenched clauses" of the South Africa Act, which estab- lished the Union, and over the validity of a law passed last year by Daniel Francois Malan's Nationalist Government to restrict the franchise of "Col- ored" voters in Cape Province in contravention of these provisions. Simul- taneously, non-European (nonwhite) representative bodies started a passive resistance campaign against racially discriminatory legislation enacted by the present and previous South African governments. Resulting unsettled condi- tions in the country combined with world-wide economic trends to produce signs of economic contraction in the Union. The developing political and racial crisis brought foreign correspondents to report at first hand upon conditions in South Africa. Not all their reports were objective: some were characterized by exaggeration and distortion, and some by incorrect data. This applied particularly to charges of Nationalist anti-Semitism made in some reports. E. J. Horwitz, chairman of the South African Jewish Board of Deputies (central representative body of South Afri- can Jewry) in an interview published in Die Transvaler of May 16, 1952, specifically refuted as "devoid of all truth" allegations of such anti-Semitism, made on May 5, 1952, in the American news magazine Time. -
Throughout the 1950S the Liberal Party of South Africa Suffered Severe Internal Conflict Over Basic Issues of Policy and Strategy
Throughout the 1950s the Liberal Party of South Africa suffered severe internal conflict over basic issues of policy and strategy. On one level this stemmed from the internal dynamics of a small party unequally divided between the Cape, Transvaal and Natal, in terms of membership, racial composftion and political traditon. This paper and the larger work from which it is taken , however, argue inter alia that the conflict stemmed to a greater degree from a more fundamental problem, namely differing interpretations of liberalism and thus of the role of South African liberals held by various elements within the Liberal Party (LP). This paper analyses the political creed of those parliamentary and other liberals who became the early leaders of the LP. Their standpoint developed in specific circumstances during the period 1947-1950, and reflected opposition to increasingly radical black political opinion and activity, and retreat before the unfolding of apartheid after 1948. This particular brand of liberalism was marked by a rejection of extra- parliamentary activity, by a complete rejection of the univensal franchise, and by anti-communism - the negative cgaracteristics of the early LP, but also the areas of most conflict within the party. The liberals under study - including the Ballingers, Donald Molteno, Leo Marquard, and others - were all prominent figures. All became early leaders of the Liberal Party in 1953, but had to be *Ihijackedffigto the LP by having their names published in advance of the party being launched. The strategic prejudices of a small group of parliamentarians, developed in the 1940s, were thus to a large degree grafted on to non-racial opposition politics in the 1950s through an alliance with a younger generation of anti-Nationalists in the LP. -
Moving Litigation from Dispute Resolution to Conflict Management, Problem Solving and Building Organisation CHAPTER 1
Moving Litigation from Dispute Resolution to Conflict Management, Problem Solving and Building Organisation CHAPTER 1: OVERVIEW OF THESIS ......................................................................... 4 1.1 Introduction ...................................................................................................................... 4 1.2 Legal process literature overview .................................................................................... 8 1.3 Process reform for substantive transformation ............................................................. 14 1.4 Choice ........................................................................................................................... 20 1.5 Overview ....................................................................................................................... 20 CHAPTER 2: BARNARD: WHO’S CONSTITUTION IS IT ANYWAY? ........................... 25 2.1 Introduction ............................................................................................................. 25 2.2 Paradox of predictability ......................................................................................... 27 2.3 Choices inducing unpredictability ........................................................................... 30 2.4 Form and substance .............................................................................................. 32 2.5 Why Barnard? ....................................................................................................... -
The Land Question in South Africa
TITLE AND ENTITLEMENT: THE LAND QUESTION IN SOUTH AFRICA TWENTY-EIGHTH ISSUE OCtoBER 2013 QUARTERLY roundtable THE HELEN SUZMAN FOUNDATION SERIES helen.suzman.foundation promoting liberal constitutional democracy Vision Promoting liberal constitutional democracy in South Africa. Mission To create a platform for public debate and dialogue – through publications, roundtable discussions, conferences, and by developing a research profile through an internship programme – with the aim of enhancing public service delivery in all its constituent parts. The work of the Helen Suzman Foundation will be driven by the principles and values that informed Helen Suzman’s public life. These are: • reasoned discourse; • fairness and equity; • the protection of human rights; • the promotion of rule of law. The Foundation is not aligned to any political party and will actively work with a range of people and organisations to have a constructive influence on the country’s emerging democracy. “I stand for simple justice, equal opportunity and human rights; the indispensable elements in a democratic society – and well worth fighting for.” — Helen Suzman Hosted with the support of the Open Society Foundation For South Africa roundtable Contact Details Tel +27 11 482 2872 Fax +27 11 482 7897 Email [email protected] Website www.hsf.org.za Postal address Postnet Suite 130, Private Bag X2600, Houghton, 2041, South Africa Physical address 2 Sherborne Road, Parktown, 2193, Johannesburg helen.suzman.foundation promoting liberal constitutional democracy Contents 2 PROFILES -
Land Distribution Paradoxes and Dilemmas
THE JOURNAL OF THE HELEN SUZMAN FOUNDATION | ISSUE 70 | OCTOBER 2013 Land Distribution Paradoxes and Dilemmas “It ain’t ignorance causes so much trouble; it’s folks knowing so much that ain’t so.” – Henry Wheeler Shaw “The land question” is seldom a question. Typically it is a slew of dogmas and myths as tenacious as they are erroneous. Virtually every supposed fact about land in South Africa is not just wrong, but so far off the mark as to make the adoption of sound policies virtually impossible. We all know – do we not? – that black land dispossession started precisely 100 years ago with the 1913 Natives Land Act, that blacks had 13% of the land until 1994, that land is economically important, that landless people are condemned Leon Louw is the to destitution, that current land policy is to redistribute 30% of South Africa’s Executive Director of the land to blacks, that apartheid land policy ended in 1994 when blacks were given Free Market Foundation full “upgraded” land title, that whites own most South African land, that black (FMF) and of the Law housing is RDP housing, that black commercial agriculture is a disastrous failure, Review Project (LRP). Mr Louw’s principal and so on. interests are small and We also know that things changed profoundly in 1994, especially regarding “the micro business, and black land question”. Yet, as we shall see, these axioms are all largely or completely false, economic empowerment. and, when it comes to land, plus ça change, plus c’est la même chose (the more things He has been intimately change the more they stay the same). -
Mining and Distributive Struggles in South Africa
PROPERTY RIGHTS FROM ABOVE AND BELOW: MINING AND DISTRIBUTIVE STRUGGLES IN SOUTH AFRICA A report by the at the University of Texas at Austin December 2019 TABLE OF CONTENTS Acknowledgements iv List of Acronyms v Executive Summary vi Introduction 1 Part 1: Inequality and Rights in South Africa 7 Human Rights, Transformative Constitutionalism and Persistent Inequality 7 Property, Rights and Transformation 8 Part 2: Background – Mining in South Africa 13 The Mining Industry in South Africa 13 History of Mining in South Africa 15 The Minerals Act of 1991 19 Imperatives for Transformation of the Mining Sector 19 Part 3: The 2002 Mineral and Petroleum Resources Development Act 24 Changes in Mineral Rights under the MPRDA 26 Black Economic Empowerment in the MPRDA 27 Consultation under the MPRDA 30 Social and Labor Plans (SLPs) 31 Revenue Distribution 33 Part 4: Constitutional Contestation — Property and Human Rights 34 Facts of the Case 34 Human Rights Arguments 34 AgriSA I to III: North Gauteng High Court and Supreme Court of Appeal 35 AgriSA IV: Constitutional Court 35 Part 5: International Contestation - Property and Human Rights 39 Background to Bilateral Investment Treaties (BITs) 39 BITs and the Negotiation of the MPRDA 40 The Piero Foresti Arbitration 40 Human Rights Engagement 42 Outcomes of the Arbitration 42 Reflections and Analysis of the Arbitration 43 Policy Responses to the Arbitration 46 The Ongoing Legacy of Piero Foresti 47 Conclusion 50 Part 6: Property Rights “from Below” 52 ii The Richtersveld Cases 53 Tensions of Customary Law in South Africa 54 Community Resistance to Mining at Xolobeni 55 Legal Proceedings 58 Conclusion 63 iii AUTHORSHIP AND ACKNOWLEDGMENTS This report was primarily authored by Julia Dehm, Lecturer, La Trobe Law School, Melbourne, Australia, who was a post-doctoral fellow at the Rapoport Center for Human Rights and Justice from 2015-17. -
A History of the Progressive Federal Party, 1981 - 1989
STRUCTURAL CRISIS AND LIBERALISM: A HISTORY OF THE PROGRESSIVE FEDERAL PARTY, 1981 - 1989 DAVID SHANDLER Dissertation submitted in fulfilment of the requirements for the degree of Master of Arts in the Department of Economic History, Faculty of Arts, University of Cape Town, January 1991 The copyright of this thesis vests in the author. No quotation from it or information derived from it is to be published without full acknowledgement of the source. The thesis is to be used for private study or non- commercial research purposes only. Published by the University of Cape Town (UCT) in terms of the non-exclusive license granted to UCT by the author. .ABSTRACT Whereas an extensive literature has developed on the broad conditions of crisis in South Africa in the seventies and eighties, and on the dynamic of state and popular responses to it, little focus has fallen .on the reactions . of the other key elements among the dominating classes. It is the aim of this dissertation to attempt to address an aspect of this lacuna by focussing on the Progressive Federal Party's responses from 1981 until 1989. The thesis develops an understanding of the period as one entailing conditions of organ.le crisis. It attempts to show the PFP' s behaviour in the context of structural and conjunctural crises. The thesis periodises the Party's policy and strategic responses and makes an effort to show its contradictory nature. An effort is made to understand this contradictory character in terms of the party's class location with respect to the white dominating classes and leading elements within it; in relation to the black dominated classes; as well as in terms of the liberal tradition within which the Party operated. -
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Tikly, Leon Paul (1994) Education policy in South Africa since 1948. PhD thesis http://theses.gla.ac.uk/4430/ Copyright and moral rights for this thesis are retained by the author A copy can be downloaded for personal non-commercial research or study, without prior permission or charge This thesis cannot be reproduced or quoted extensively from without first obtaining permission in writing from the Author The content must not be changed in any way or sold commercially in any format or medium without the formal permission of the Author When referring to this work, full bibliographic details including the author, title, awarding institution and date of the thesis must be given Glasgow Theses Service http://theses.gla.ac.uk/ [email protected] EDUCATION POLICY IN SOUTH AFRICA SINCE 1948 APPENDIX A Submitted by Leon Paul Tikly in fulfilment of the requirementsfor the degreeof Doctor of Philosophy, Faculty of Social Sciences, University of Glasgow. 15 May 1994 1! (c) Leon P. Tikly, 1994 2 CONTENTS [Page] Notes on Interviewees 3 Interview with Mr P. Buckland and Dr J. Hofineyr 4 Interview with Prof. J. P. de Lange 32 Interview with Mr K. Hartshorne 48 Interview with Dr B. Louw 67 Interview with Ms L. Smith 87 Interview with Dr R. Stumpf 103 3 NOTES ON INTERVIEWEES The intervieweeswere eachasked to provide somebiographical information which is includedin mostcases in the interviewitself. What follows is only that informationthat is relevantfor the studyas a whole Mr P. Buckland is currently a researcherwith the Education Policy and SystemsChange Unit (EDUPOL) of the Urban Foundation. -
South Africa's Long March to Freedom: a Personal View
College of Saint Benedict and Saint John's University DigitalCommons@CSB/SJU Psychology Faculty Publications Psychology 1994 South Africa's Long March to Freedom: A Personal View Aubrey Immelman College of Saint Benedict and Saint John's University, [email protected] Follow this and additional works at: https://digitalcommons.csbsju.edu/psychology_pubs Part of the African History Commons, African Studies Commons, Leadership Studies Commons, Other Political Science Commons, Personality and Social Contexts Commons, and the Race, Ethnicity and Post- Colonial Studies Commons Recommended Citation Immelman, A. (1994). South Africa's long march to freedom: A personal view. The Saint John's Symposium, 12, 1-20. Retrieved from Digital Commons website: http://digitalcommons.csbsju.edu/ psychology_pubs/23/ This Article is brought to you for free and open access by DigitalCommons@CSB/SJU. It has been accepted for inclusion in Psychology Faculty Publications by an authorized administrator of DigitalCommons@CSB/SJU. For more information, please contact [email protected]. AUBREY IMMELMAN ________________________ South Africa’s Long March to Freedom A Personal View The inauguration of Nelson Mandela as South Africa’s first democratically elected president on May 10, 1994, marked the formal end of statutory apartheid in that country. After more than three centuries of white domination, there has finally been a relatively peaceful, orderly transfer of power to the black majority. As stated by outgoing president F. W. de Klerk in his concession speech ending nearly 46 years of National Party (NP) rule: “After so many centuries, we will finally have a government which represents all South Africans; after so many centuries, all South Africans are now free. -
Historia Volume 26 #2
ll9 JEWISH IMMIGRATION AS AN ISSUE IN SOUTH AFRICAN POLITICS, 1937-39 G.C. Cuthbertson University of So.uth Africa The Aliens Act, 1937 Richard Stuttaford, as Minister of the Interior in the Fusion Cabinet (United Party Government) in 1937, inherited the problem of growing Anti-Semitism which had found sanctuary within the Purified Nationalist Party of Dr D F Malan and had resulted from the influx of Jews from Europe into South Africa in the wake of the repressive racialism of the Nazi Fuehrer, in 1930. Owing to the relatively large im- migration from eastern Europe, mainly of Jews, the Quota Bill was piloted through parliament by Dr D F Malan, Minister of the Interior, at the time. The Bill set a limit to the number of immigrants permitted to enter the Union from eastern Europe, but for the rest, the door remained open. Though the Quota Bill did not specifically men- tionJews, it could not be denied that it was directed against them,l and it was for that reason thatJan Smuts, heading the South African Party, led his reluctant followers in- to opposition against the Bill. The Quota Act achieved its purpose, but when Hitler came to power in Germany in 1933 a new situation developed, and a mass emigration ensued. In these cir- cumstances there was a considerable increase in the number of Jewish immigrants into the Union after 1933. Between 1933 and 1936,9 947 German immigrants entered the Union, and of these, 3 615 were Jews. By 1936 the Jewish community constituted 4,75% of South Africa's European population.2 During the latter half of 1936 there was mounting agitation in the Union for the restriction of Jewish immigration, con- siderably aggravated by anti-Jewish immigration campaigns organised by the Greyshirt movement and the Malanites. -
Hello Future Students, I Hope You Are Having a Great Summer Break. Your
Hello future students, I hope you are having a great summer break. Your summer assignment is to read selected chapters of the book “A Free Market Odyssey,” the pdf version of the book is attached. The book will introduce the free market conditions of macroeconomics, such as opportunity cost, terms of trade and competition. It also introduces liberalism and foundations of the American dream for our government class. These are essential topics to begin the year. For regular and honors please read chapters 1-10, we will have two prompts during the first of week of school based on the reading. For AP please read chapters 1-12, we will have three FRQ questions based on the readings. Have a great summer! The Adventures Of JONATHAN GULLIBLE A Free Market Odyssey Story by Ken Schoolland Commentaries by Ken Schoolland and Janette Eldridge Commentary Edition © 2004 Ken Schoolland and Janette Eldridge Published by Leap Publishing Cape Town ii Dedication Dedicated to my daughter, Kenli Available in more than thirty languages: Albanian, Bulgarian, Chinese, Croatian, Czech, Dutch, German, Greek, Hungarian, Italian, Japanese, Kiswahili, Korean, Kyrgyz, Latvian, Lithuanian, Macedonian, Mongolian, Nigerian Pidgin, Norwegian, Palauan, Polish, Portuguese, Romanian, Romany, Russian, Serbian, Slovenian, Somali, Spanish, Urdu. Text copyright © 1981, 1987, 1995, 2001, 2004 by Ken Schoolland, [email protected]. Original edition published in 1988. Second revised edition in 1995, third revised edition 2001. All rights reserved. This book or parts thereof -
Professional Historians and Political Biography of South African Parliamentary Politics, 1910-1990
“THE GOOD, THE BAD AND THE UGLY”: PROFESSIONAL HISTORIANS AND POLITICAL BIOGRAPHY OF SOUTH AFRICAN PARLIAMENTARY POLITICS, 1910-1990 FA Mouton1 Abstract Biography strengthens the historian’s attempts to decipher the behaviour of individuals and also provides a historical window on a certain era, contributing to our knowledge and understanding of the past. Biographical studies of those who were involved in parliamentary politics between 1910 and 1990, the prime ministers, presidents, cabinet ministers, party leaders, humble backbenchers and unsuccessful parliamentary candidates can help to explain why the white minority, after decades of acquiescing the abuse of South Africa’s limited democratic tradition, decided to peacefully surrender its political power. And yet, despite the proven value of political biography in the United States and Britain, the library shelves of South African universities are bare of biographies on pre-1990 parliamentary politicians by professional historians. This article explains the reasons for this dearth of biographies, as well as the reasons why it is essential for professional historians to write them and concludes with a recommendation on how such biographies should be written. 1. INTRODUCTION By deciphering the behaviour of individuals, providing in the process a historical window on societies of the past, the historian as biographer plays a crucial role to convey knowledge and understanding of our history to the reading public. Biographical studies of the lives and careers of parliamentary politicians between 1910 and 1990 are for example essential to comprehend South African history in the twentieth century. And yet, despite the internationally proven value of biography, the library shelves of South African universities are bare of biographies by professional historians on pre-1990 parliamentary history.