LIBERALS AGAINST APARTHEID Also by Randolph Vigne
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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. -
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. -
One Hundred Years of the Kwazulu-Natal Bench by LB Broster SC, a Coutsoudis and AJ Boulle, Kwazulu-Natal Bar
SA JUDICIARY100 YEARS OLD Juta, Kotzé and rule from 1949-1959), and Munnik CJ (from 1981-1992). Hlophe Menzies who were CJ, the first black JP of the division, is perhaps the best-known of either judges of the the current group of Judges President in the country. Amongst court or members of other things, he was responsible for the controversial decision in the families of judges of dispute between the Pharmaceutical Society of South Africa, New the court. Clicks South Africa (Pty) Ltd and the Minister of Health (New Clicks Perhaps the most South Africa (Pty) Ltd v Tshabalala-Msimang and Another NNO; well-known advocate Pharmaceutical Society of South Africa and Others v Tshabalala- ever to practise in Msimang and Another NNO 2005 (2) SA 530 (C)). the Cape was Harry The CPD also made important contributions to the development Snitcher QC, who also of the new constitutional law in cases such as the Grootboom deci- acted for appellants sion that enforced the right to housing (Government of the Republic Judge President John Hlophe, in the Harris decision, and Cape High Court of South Africa and Others v Grootboom and Others 2001 (1) SA 46 many another similar cause (CC)) and the Metrorail decision which enforced the right to life (Rail celebre. Commuters Action Group and Others v Transnet Ltd t/a Metrorail Of the Judges President of the court, several stand out purely and Others 2005 (2) SA 359 (CC)). because of the long duration of their tenure. These were Van Zyl CJ In this way the division has contributed to a process of constitu- (who took the court through the difficult years of the aftermath of tional development - from Slave Lodge to beacon of Good Hope. -
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. -
SOUTH AFRICAN INSTITUTE of RACE RELATIONS 79Th ANNUAL
SOUTH AFRICAN INSTITUTE OF RACE RELATIONS 79th ANNUAL REPORT 1st JANUARY TO 31st DECEMBER 2008 PUBLISHED BY THE SOUTH AFRICAN INSTITUTE OF RACE RELATIONS, 9th FLOOR, RENAISSANCE CENTRE, GANDHI SQUARE, 16–20 NEW STREET SOUTH, JOHANNESBURG, 2001 SOUTH AFRICA COMPANY REGISTRATION NUMBER: 1937/010068/08 NON-PROFIT REGISTRATION NUMBER: 000-709-NPO PUBLIC BENEFIT ORGANISATION NUMBER: 930006115 Private Bag X13, Marshalltown, 2107 South Africa Telephone: (011) 492-0600 Telefax: (011) 492-0588 E-mail: [email protected] Website: http://www.sairr.org.za ISBN 978-1-86982-580-5 PD 11/2009 Printed by Ince (Pty) Ltd Cover design by lime design Our front cover, using a photograph from the Sunday Times (photogra - pher James Oatway), depicts the chief justice, Judge Pius Nkonzo Langa, administering the oath of office to President Jacob Zuma dur - ing his inauguration at the Union Buildings in Pretoria on 9th May 2009. The back cover features Mrs Helen Suzman taken in 1990 in her study at home. The photograph is from Gallo Images (South Photographs). COUNCIL President : Professor Jonathan Jansen Immediate Past President : Professor Sipho Seepe Vice Presidents : Professor Hermann Giliomee Professor Lawrence Schlemmer Dr Musa Shezi Chairman of the Board of Directors : Professor Charles Simkins Honorary Treasurer : Mr Brian Hawksworth Honorary Legal Adviser : Mr Derek Bostock Representatives of Members: Honorary Life : Mr Benjy Donaldson Professor Elwyn Jenkins Individual Gauteng : Mr Francis Antonie Mr Jack Bloom MPL Professor Tshepo Gugushe Mr Peter Joubert -
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. -
Natalia V28 Obituaries Didcott.Pdf
Obituaries John Mowbray Didcott (1931-1998) John Didcott spent 23 years as a judge, first in the Natal Supreme Court and, since 1994, as a member of the Constitutional Court. He became a human rights legend because of his strong support ofjustice and individual liberties. During the worst years of apartheid his scathing attacks on the unjust policies of the previous government were pored over with delight by opponents of those policies. Chief Justice Ismail Mahomed recalls his 'sparkling moral courage' and says Judge Didcott's instinctive abhorrence of injustice will ensure he is remembered as one of the greatest figures of South African law. John Mobray Didcott was born in Durban on 14 August 1931, and matriculated in 1948 from Hilton College. He graduated from the University of Cape Town with a B A degree in 1951 and an LI.B in 1953. But he was not merely a successful swot he also flourished in student politics. In his first year he was elected to the Students' Representative Council and served as its president from 1952 to 1954. He was also vice-president of the National Union of South African Students in 1953 and 1954, and its president for the next two years. Durban attorney Graham Cox, a long-time friend, recalls those days with relish. 'He was a brilliant fellow, but in addition to being an incredible scholar, he was a magnificent speaker - quite superb as a demagogue. When he, Zach de Beer and Sharkey King (now judge-president-elect of the High Court in Cape Town) debated the government's race policies, there would be standing room only in Jamieson Hall. -
In Support of Justice Goldstone by Arthur Chaskalson, Former
FORUM It should also conduct a transparent and comprehensive investigation must have an effective and speedy opportunity to challenge the allega- serious human rights and/or humanitarian law violations committed in tion before a judicial body. the course of the’ war on terror” and should take active steps to provide States should repeal laws authorising administrative detention without effec tive remedies to the victims of such abuses. The military detention charge or trial outside a genuine state of emergency; even in the latter centre at Guantánamo Bay should be closed in a human rights compliant case, States are reminded that the right to habeas corpus must be manner and persons held there should be released or charged and tried granted to all detainees and in all circumstances. in accordance with applicable international law standards. States should ensure that immigration law does not serve as a substi- Other countries that have been complicit in human rights violations tute for criminal law in its counter-terrorism efforts and should, in particu- arising from the war paradigm should similarly repudiate that behaviour lar, reaffirm their commitment to the principle of non-refoulement. They and review legislation, policies and practices to prevent any such repeti- should not rely on diplomatic assurances or other forms of non-binding tion in future. agreements to transfer individuals when there is a real risk of serious Human rights compliant intelligence efforts human rights violations. The UN Security Council, the Council of the European Union and States should take steps to ensure that the work of intelligence agen- other organi sations using a listing system should urgently comply with cies is fully compliant with human rights law. -
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. -
Chapter 1 Making the Road.Fm
INTRODUCTION HAPTER C 1 Michael Cosser, Narnia Bohler-Muller & Gary Pienaar 1Introduction 1.1 Making the road by walking The Constitution of the Republic of South Africa, the final draft of which was forged over a two-year period between 1994 and 1996, assumed a particular profile in the body politic in 2016. Following the release of the Public Protector’s 2014 report on improvements to President Zuma’s Nkandla residence,1 the Constitutional Court in March 2016 declared binding her findings and recommendations about the need for the President to repay public monies spent on non-security upgrades to his residence.2 Such high-profile cases, however, can distract us from the importance of the Constitution in shaping the lives of ordinary people. In catapulting the Constitution into the limelight, the ‘Nkandla judgement’, as it is known colloquially, has created renewed interest in what meaning the Constitution has for South Africans in 2018 and beyond. The initial impetus for this book came from a public address by former Chief Justice Sandile Ngcobo. Delivered on 30 June 2016 and entitled ‘Why does the Constitution matter?’, his address began with an almost throwaway comment: that he was ‘privileged enough … to participate in constructing our foundational jurisprudence on constitutional law.’3 Ngcobo went on to say that the process of building a constitutional 1 Public Protector South Africa ‘Secure in comfort’ http://www.pprotect.org/library/ investigation_report/2013-14/Final Report 19 March 2014 pdf (accessed 23 May 2017). 2 Economic Freedom Fighters v Speaker of the National Assembly and Others 2016 (3) SA 580 (CC). -
The Higher Education Landscape Under Apartheid
CHAPTER 2 IAN BUNTING THE HIGHER EDUCATION LANDSCAPE UNDER APARTHEID This chapter lays out the South African higher education landscape as it was shaped by the apartheid policies of the National Party government prior to 1994. It describes how the disenfranchisement of the African majority culminated in the establishment of five separate legislative and geographic entities (the Republic of South Africa and four ‘independent republics’) and traces the process by which this policy led to the establishment of 36 higher education institutions controlled by eight different government departments. The chapter also describes the apartheid thinking which led to the differentiation of higher education in South Africa into two distinct types – universities and technikons – and shows how sharp racial divisions, as well as language and culture, skewed the profiles of the institutions in each category. 1. POLICIES OF THE APARTHEID GOVERNMENT 1.1. Racial divisions in South Africa At the beginning of 1994, South Africa’s higher education system was fragmented and unco-ordinated. This was primarily the result of the white apartheid government’s conception of race and the politics of race, which had shaped the higher education policy framework that it laid down during the 1980s. The apartheid government, under the influence of the ruling National Party, had, by the beginning of the 1980s, divided South Africa into five entities: · The Republic of Transkei (formed from part of the old Cape Province). · The Republic of Bophuthatswana (formed from part of the old Transvaal Province). · The Republic of Venda (also formed from part of the old Transvaal Province). · The Republic of Ciskei (formed from another part of the old Cape Province). -
Roy Campbell - Almost a Liberal
ROY CAMPBELL - ALMOST A LIBERAL by David Robbins Natal's wild and unpredictable poet has been described at White South Africa to be more important than South Africa various times as a fascist, an instinctive right-wing itself. It is all the fault of that dear old colour-fetish. It is the reactionary, a fierce individualist who ran easily to extremes. incarnation of all that is superstitious, uneasy, grudging and In his foreword to Light on a Dark Horse, Laurie Lee dishonest in our natures.'' comments: "His (Campbell's) romantic paternalism, imbibed "The colour-bar is the first official recognition of the mental from his South African background, was out of date even equality of the races: the second can only be the removal of before he was born. He was burdened with more than his the colour-bar. ." share of right-wing mumbo-jumbo . ." And in 1954 when the University of Natal conferred a doctorate on him "he spoke The contrast is startling. How could this proud and (Laurens van der Post tells us) almost like a disciple of hardheaded young man, so full of "old colonial attitudes ", Dr Verwoerd". It is certainly true that in the thirties Campbell change so fundamentally and in so short a space of time? was an open admirer of both Hitler and Mussolini, although The answer, simply, is that he met William Plomer. he ultimately fought against them in the war; and that he felt Born in the Northern Transvaal two years later than nothing but contempt for the leftist forces in the Spanish Campbell, Plomer was living in Zululand when he heard of civil war.