The African National Congress' Post-Apartheid
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Undamaged Reputations?
UNDAMAGED REPUTATIONS? Implications for the South African criminal justice system of the allegations against and prosecution of Jacob Zuma AUBREY MATSHIQI CSVRCSVR The Centre for the Study of Violence and Reconciliation CENTRE FOR THE STUDY OF VIOLENCE AND RECONCILIATION Criminal Justice Programme October 2007 UNDAMAGED REPUTATIONS? Implications for the South African criminal justice system of the allegations against and prosecution of Jacob Zuma AUBREY MATSHIQI CSVRCSVR The Centre for the Study of Violence and Reconciliation Supported by Irish Aid ABOUT THE AUTHOR Aubrey Matshiqi is an independent researcher and currently a research associate at the Centre for Policy Studies. Published by the Centre for the Study of Violence and Reconciliation For information contact: Centre for the Study of Violence and Reconciliation 4th Floor, Braamfontein Centre 23 Jorissen Street, Braamfontein PO Box 30778, Braamfontein, 2017 Tel: +27 (11) 403-5650 Fax: +27 (11) 339-6785 http://www.csvr.org.za © 2007 Centre for the Study of Violence and Reconciliation. All rights reserved. Design and layout: Lomin Saayman CONTENTS Acknowledgements 4 1. Introduction 5 2. The nature of the conflict in the ANC and the tripartite alliance 6 3. The media as a role-player in the crisis 8 4. The Zuma saga and the criminal justice system 10 4.1 The NPA and Ngcuka’s prima facie evidence statement 10 4.2 The judiciary and the Shaik judgment 11 5. The Constitution and the rule of law 12 6. Transformation of the judiciary 14 7. The appointment of judges 15 8. The right to a fair trial 17 9. Public confidence in the criminal justice system 18 10. -
Unrevised Hansard Mini-Plenary National
UNREVISED HANSARD MINI-PLENARY NATIONAL ASSEMBLY THURSDAY, 27 FEBRUARY 2020 Page: 1 THURSDAY, 27 FEBRUARY 2020 ____ PROCEEDINGS OF THE MINI-PLENARY – NATIONAL ASSEMBLY CHAMBER ____ Members of the mini-plenary met in the Chamber of the National Assembly at 14:01. The Deputy Speaker, as the Chairperson, took the Chair and requested members to observe a moment of silence for prayer or meditation. TRANSFORMING SOCIETY AND UNITING THE COUNTY BY CULTIVATING A SHARED RECOMMITMENT TO CONSTITUTIONAL VALUES THAT PROMOTE NATION-BUILDING, STRENGTHEN SOCIAL COHESION AND IMPROVE THE QUALITY OF LIFE FOR ALL SOUTH AFRICANS (Subject for Discussion) Dr N P NKABANE: Deputy Speaker, hon members in the House, guests and the broader society, in particular, those segments in our communities that are watching this debate today, we UNREVISED HANSARD MINI-PLENARY NATIONAL ASSEMBLY THURSDAY, 27 FEBRUARY 2020 Page: 2 wish to reaffirm our commitment to the ANC’s manifesto for the 2019 general elections which is “Let’s grow South Africa together”. It is our responsibility as the ANC-led government to reprogram the subconscious mind by providing it with consistent messaging that aligns with the progressive programme that we seek to achieve. Nelson Mandela once said: “fools multiply when wise men are silent.” The President of the Republic of South Africa, His Excellency Mr Cyril Ramaphosa reiterated that and I quote: “the freedom we enjoy today was achieved through struggle, determination and great sacrifice”. He further reiterated that and I quote: “despite the challenges and setbacks, we won our freedom by working together and never giving up.” House Chairperson, it is well known that the postapartheid state of constitutional democracy was faced with a broad spectrum of political, socioeconomic and human rights issues aimed at challenging the status core of the state that was more of a racially exclusive capitalist that benefited my people on the left; where black people who constituted the majority were excluded from the social, political and economic realms of the dominant society. -
A Case Study of the Charges Against Jacob Zuma
• THE MEDIA AND SOCIAL CONSTRUCTION OF REALITY: A CASE STUDY OF THE CHARGES AGAINST JACOB ZUMA By Lungisile Zamahlongwa Khuluse Submitted in Partial Fulfilment for the Requirements of the Master of Arts: Social Policy, University of Kwazulu Natal: Durban. February 2011 DECLARATION Submitted in partial fulfilment of the requirements for the degree of MA S_o(:ialPolic;:y, in the Graduate Programme in SQ_ (:iaLPQli~y, University of KwaZulu-Natal, South Africa. I declare that this dissertation is my own unaided work. All citations, references and borrowed ideas have been duly acknowledged. I confirm that an external editor was not used. This dissertation is being submitted for the degree of MA_S_odaLpQIic;:y in the Faculty of Humanities, Development and Social Science, University of KwaZulu Natal, South Africa. None of the present work has been submitted previously for any degree or examination in any other University. Lungisile Zamahlongwa Khuluse Student name 29 February 2011 Date prof. p. M. Zulu Supervisor ACKNOWLEDGEMENTS Firstly I would like to thank the Lord Almighty for giving me strength and resources to complete this dissertation. I am indebted to my parents, Jabulisile Divi Khuluse and Sazi Abednigo Khuluse for their support, love, patience and understanding; I thank them for inspiring me to be the best I can possibly be and for being my pillar of strength. I am grateful to my siblings Lihle, Sfiso and Mpume 'Pho' for all their support. I thank my grandmother Mrs. K. J. Luthuli. Gratitude is also due to my friends Nontobeko Nzama, Sindisiwe Nzama, Nenekazi Jukuda, Zonke Khumalo, Jabulile Thusi, and Hlalo Thusi, for being there for me. -
South African Churches Under.Attack
Y K on the World Council of Churches' supporters of southern Afi Program to Combat Racism. liberation movements we But why no mention in that same implicitly or explicitly accep editorial of their vicious red-baiting idea that the anti-apartheid r of the path-breaking October 1981 ment here was a "CP front." Conference in Solidarity with the would be a mirror image of R Liberation Struggles of the Peoples ia's view that the African N t Dear Friends: Africa held at New Congress of South Africa isma feels apprehensive in of Southern One always York's Riverside Church? Or do you lated and directed by the E writing a publication one admires accept the absurd notion that this African Communist Party am only when severe criticism arises. mass upsurge of anti-apartheid, Sldvo. I trust that you will spea But the alternative of looking the anti-imperialist sentiment was all a on this matter in the near f other way is even more ghastly to devious and manipulative effort and vigorously protest "60 contemplate. I refer to the editorial by the Communist utes' red-baiting. issue ["The Gos manufactured in your March 1983 silence on this to CBS"] that torrect Party, USA? Your pel According question was deafening. ly raked CBS and "60 Minutes" over Solid the coals for their unseemly attack It would be ironic indeed if US Dr. Gerald. Southern Africa is in the news and what better way to stay up-to-date than with Southern Africa Magazine? Since 1965, Southern Africa has been provid e Extensive coverage of developments in tl ing consistent, reliable and often exclusive cov Frontline States: ZIMBABWE: information erage of political and economic developments in political developments and rural developmer southern Africa. -
The Judiciary As a Site of the Struggle for Political Power: a South African Perspective
The judiciary as a site of the struggle for political power: A South African perspective Freddy Mnyongani: [email protected] Department of Jurisprudence, University of South Africa (UNISA) 1. Introduction In any system of government, the judiciary occupies a vulnerable position. While it is itself vulnerable to domination by the ruling party, the judiciary must at all times try to be independent as it executes its task of protecting the weak and vulnerable of any society. History has however shown that in most African countries, the judiciary has on a number of occasions succumbed to the domination of the ruling power. The struggle to stay in power by the ruling elite is waged, among others, in the courts where laws are interpreted and applied by judges who see their role as the maintenance of the status quo. To date, a typical biography of a post-independence liberation leader turned president would make reference to a time spent in jail during the struggle for liberation.1 In the post-independence Sub-Saharan Africa, the situation regarding the role of the judiciary has not changed much. The imprisonment of opposition leaders, especially closer to elections continues to be a common occurrence. If not that, potential opponents are subjected to charges that are nothing but a display of power and might. An additional factor relates to the disputes surrounding election results, which inevitably end up in court. The role of the judiciary in mediating these disputes, which are highly political in nature, becomes crucial. As the tension heats up, the debate regarding the appointment of judges, their ideological background and their independence or lack thereof, become fodder for the media. -
12-Politcsweb-Going-Off-The-Rails
http://www.politicsweb.co.za/documents/going-off-the-rails--irr Going off the rails - IRR John Kane-Berman - IRR | 02 November 2016 John Kane-Berman on the slide towards the lawless South African state GOING OFF THE RAILS: THE SLIDE TOWARDS THE LAWLESS SOUTH AFRICAN STATE SETTING THE SCENE South Africa is widely recognised as a lawless country. It is also a country run by a government which has itself become increasingly lawless. This is so despite all the commitments to legality set out in the Constitution. Not only is the post–apartheid South Africa founded upon the principle of legality, but courts whose independence is guaranteed are vested with the power to ensure that these principles are upheld. Prosecuting authorities are enjoined to exercise their functions “without fear, favour, or prejudice”. The same duty is laid upon other institutions established by the Constitution, among them the public protector and the auditor general. Everyone is endowed with the right to “equal protection and benefit of the law”. We are all also entitled to “administrative action that is lawful, reasonable, and procedurally fair”. Unlike the old South Africa – no doubt because of it – the new Rechtsstaat was one where the rule of law would be supreme, power would be limited, and the courts would have the final say. This edifice, and these ideals, are under threat. Lawlessness on the part of the state and those who run it is on the increase. The culprits run from the president down to clerks of the court, from directors general to immigration officials, from municipal managers to prison warders, from police generals to police constables, from cabinet ministers to petty bureaucrats. -
Strengthening Constitutional Democracy: Progress and Challenges of the South African Human Rights Commission and Public Protector
NYLS Law Review Vols. 22-63 (1976-2019) Volume 60 Issue 1 Twenty Years of South African Constitutionalism: Constitutional Rights, Article 7 Judicial Independence and the Transition to Democracy January 2016 Strengthening Constitutional Democracy: Progress and Challenges of the South African Human Rights Commission and Public Protector TSELISO THIPANYANE Chief Executive Officer at the Safer South Africa Foundation Follow this and additional works at: https://digitalcommons.nyls.edu/nyls_law_review Part of the Constitutional Law Commons Recommended Citation TSELISO THIPANYANE, Strengthening Constitutional Democracy: Progress and Challenges of the South African Human Rights Commission and Public Protector, 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 Tseliso Thipanyane Strengthening Constitutional Democracy: Progress and Challenges of the South African Human Rights Commission and Public Protector 60 N.Y.L. Sch. L. Rev. 125 (2015–2016) ABOUT THE AUTHOR: Tseliso Thipanyane is the Chief Executive Officer at the Safer South Africa Foundation; an independent consultant on human rights, democracy, and good governance; former adjunct Lecturer-in-Law at Columbia Law School; and former Chief Executive Officer of the South African Human Rights Commission. www.nylslawreview.com 125 STRENGTHENING CONSTITUTIONAL DEMOCRACY NEW YORK LAW SCHOOL LAW REVIEW VOLUME 60 | 2015/16 Human rights and fundamental freedoms are the birthright of all human beings; their protection and promotion is the first responsibility of Governments.1 I. -
Progress and Pitfalls in South Africa╎s Socio-Economic Jurisprudence
Bard College Bard Digital Commons Senior Projects Spring 2014 Bard Undergraduate Senior Projects Spring 2014 The “Reasonableness” of Poverty: Progress and Pitfalls in South Africa’s Socio-economic Jurisprudence Benajmin Oliver Powers Bard College, [email protected] Follow this and additional works at: https://digitalcommons.bard.edu/senproj_s2014 Part of the Constitutional Law Commons, Human Rights Law Commons, and the Other Political Science Commons This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 3.0 License. Recommended Citation Powers, Benajmin Oliver, "The “Reasonableness” of Poverty: Progress and Pitfalls in South Africa’s Socio- economic Jurisprudence" (2014). Senior Projects Spring 2014. 3. https://digitalcommons.bard.edu/senproj_s2014/3 This Open Access work is protected by copyright and/or related rights. It has been provided to you by Bard College's Stevenson Library with permission from the rights-holder(s). You are free to use this work in any way that is permitted by the copyright and related rights. For other uses you need to obtain permission from the rights- holder(s) directly, unless additional rights are indicated by a Creative Commons license in the record and/or on the work itself. For more information, please contact [email protected]. The “Reasonableness” of Poverty: Progress and Pitfalls in South Africa’s Socio-economic Jurisprudence Senior Project submitted to The Division of Social Studies and Interdivisional Programs Of Bard College By Benjamin Powers Annandale on Hudson, New York May 2014 1 2 I would like to thank my advisor Peter Rosenblum, for constantly unsettling my thoughts during this project, and questioning me at every turn. -
“Hamlet” in Purgatory
Safundi The Journal of South African and American Studies ISSN: 1753-3171 (Print) 1543-1304 (Online) Journal homepage: http://www.tandfonline.com/loi/rsaf20 “Hamlet” in Purgatory Jonathan Crewe To cite this article: Jonathan Crewe (2014) “Hamlet” in Purgatory, Safundi, 15:1, 126-130, DOI: 10.1080/17533171.2013.865414 To link to this article: http://dx.doi.org/10.1080/17533171.2013.865414 Published online: 21 Feb 2014. Submit your article to this journal Article views: 54 View related articles View Crossmark data Full Terms & Conditions of access and use can be found at http://www.tandfonline.com/action/journalInformation?journalCode=rsaf20 Download by: [The Library, University of Witwatersrand] Date: 05 September 2017, At: 03:08 126 A Roundtable on David Schalkwyk’s Hamlet’s Dreams REFERENCES Desai, Ashwin. Reading Revolution: Shakespeare on Robben Island. Pretoria: UNISA Press, 2012. Schalkwyk, David. Literature and the Touch of the Real. Newark: University of Delaware Press, 2004. II “HAMLET” IN PURGATORY Jonathan Crewe Since readers of this article will likely have read David Schalkwyk’s Hamlet’s Dreams, I will keep summary to a minimum while trying to convey my sense of what is important about this book. Briefly, it records the transformation of the Robben Island Shakespeare, aka the Robben Island Bible,1 into one of the prized relics, alongside the First Folios, of the world Shakespeare establishment. As Schalk- wyk explains, the Robben Island Shakespeare is the copy of the Alexander edition owned and circulated in the prison during the 1970s by Sonny Venkatrathnam, with passages marked and signed by many of the political prisoners in the prison’s Section B, including Nelson Mandela. -
Noodplan Van Die Anglo-Boereoorlog Was Daar Sowat 20 000 Weeskinders in Die Voormalige Republieke
JAARGANG 2 UITGAWE 2 JULIE 2015 noord van Kroonstad op die pad na Vereeniging. Hier het generaal Ons gedenk 22 000 konsentrasiekampkinders De Wet ‘n Britse voorrade trein en talle Engelse troepe krygsgevange geneem en ‘n enorme voorraad ammunisie en Dit is merkwaardig dat die datum, 16 Junie, betrekking het op twee proviand vernietig. Die skade wat Brittanje hier gely het, is op prosesse wat ’n groot invloed op talle kinderlewens gehad het en tot ongeveer £750 000 geskat. Hierdie slag het Lord Roberts, wat die groot traumas van die Suid-Afrikaanse geskiedenis behoort. Pretoria twee dae vantevore beset het, se planne om met die Transvaalse republikeinse leiers te onderhandel, heeltemal in die Die foto van die sterwende Hector Pieterson wat tydens die war gestuur. Soweto-opstand op 16 Junie 1976 deur ʼn medeskolier gedra word, het vir baie Suid-Afrikaners die stryd teen apartheid verbeeld. Die eerste plaas wat ná Roberts se bevel op 16 Junie afgebrand is, Verskeie kinders is in die gewelddadige opstande dood waar was die plaas van generaal De Wet naby Koppies. Die verskroeide uiteindeliksowat 600 mense gesterf het. aarde beleid het die twee voormalige Boererepublieke ekonomies vernietig. Binne ’n paar maande is die Vrystaat en Vanjaar, 115 jaar gelede, het die Britse imperialis, Lord Frederick Transvaal verander in ’n wildernis. Sleigh Roberts op 16 Junie 1900 die beleid van verskroeide aarde amptelik afgekondig. Brittanje het besef dat die oorlog teen die Boere-guerrillas veel langer duur as beplan en moes ’n ander plan maak om die Boeremagte se beweeglikheid in te perk. Alhoewel plaashuise naby strategiese punte soos spoorlyne en treinbrûe in enkele gevalle voor Junie 1900 afgebrand is, het Lord Roberts op 16 Junie 1900 die amptelike opdrag vir die verskroeide aarde taktiek gegee. -
DATE June 6, 1980
I . MONTHLY SUBSCRIPTION FEE (WITHOUT REPRODUCTION RIGHTS) . ·" · FRENCH FRANCS:~2$ . ·(AIR MAIL POSTAGE CHARGES EXCLUDED) 11,13, 11, PLACE DE LA BOURSE 75002 PARIS TEL: 233.44.11 TELEX 210014 DATE June 6, 1980 •I , ... ,;, I;' ~ -· • '•a. j l ·~· •• I ' • Indlpendmmren.t de 4art 4~ d'In0alallttion.6 gldltatu, l.' AGCNCE FR.ANC'E- PRESS! c:Ll.o 6u.6e., rilz1r4 toub. !a. FIWlC.e. u cz'an4 c.~ 'fJ4IJ4 Wll.Qple.n4, un "Se~t.\1-i.ee. d' .i.n6alallttion4 Ec.anomig&L~A pcut TUu~lll. 11 (s.!. t. 1• L'A.F.?. pubtie, d'~ p~, tu but!etin4 4plc.i4- .ti.6l6 41ki.\la.n.tA : I • PoUlt tou.6 lttn4e.tgnure.n.t4, 4 'adltt44elt cl !'AGENCc FRANC!-?RESSc 13, 1S, p!a.c.e. de. .ta. SaUIC.4e -· 15002 PARIS - Se~tv.i.c.e. ComtUtelczl TEL. 233.44.66 - po4~e. 4442 AFP AFRICA N° 2695 June 6, 1980 S U M M A R Y ===================' GENERAL INFORMATION Paris : OECD : difficult period ahead 1 Dar-es-Salaam : Foreign help needed 2 London : Tin for 30 years 2 Dar-es-Salaam : Brazil won't join nontaligned 3 New Orleans : "Intolerable" inflation 3 London : The poor, the rich 4 OIL & ENERGY Lagos : Nigeria : 2 dollars 4 Paris : Gas for 45 years 4 Paris : Reunification theme 5 Madrid : Cactus solution 6 MIDDLE EAST Muscat : Oman : "No bases" 6 Teheran : u.s. condemned 7 Boston: Espionage loophole ••• 7 Washington : Land and port 8 Washington : "Cool down" plea 8 NORTH AFRICA General Information : - Royal ;isitors 9 Libya : - !ndividual killers ••• 9 Algeria : ( -Democratic dialogue ••• 10 ~ Egypt : \ -Menace of communism ••• 11 Morocco : ( ' - Health agreement 11 \ Tunisia ( - Travel protest 11 Sahara : I -Threat to OAU ••• 12 t - Madagascan ban 12 I WEST AFRICA \ General Information : \ - Funds for Sahel 13 Ghana : - Reprisals, says rawlings 13 Liberia - Tolbert money 14 - u.s. -
THE WHITE HOUSE and WHITE AFRICA: PRESIDENTIAL POLICY on RHODESIA 1965-79 By
THE WHITE HOUSE AND WHITE AFRICA: PRESIDENTIAL POLICY ON RHODESIA 1965-79 by EDWARD R. MICHEL A thesis submitted to the University of Birmingham for the degree of DOCTOR OF PHILOSOPHY Department of History and Cultures College of Arts and Law University of Birmingham April 2016 University of Birmingham Research Archive e-theses repository This unpublished thesis/dissertation is copyright of the author and/or third parties. The intellectual property rights of the author or third parties in respect of this work are as defined by The Copyright Designs and Patents Act 1988 or as modified by any successor legislation. Any use made of information contained in this thesis/dissertation must be in accordance with that legislation and must be properly acknowledged. Further distribution or reproduction in any format is prohibited without the permission of the copyright holder. ABSTRACT My thesis offers an examination of U.S. policy towards Rhodesia as viewed through the lens of the respective Presidential administrations. The aim of my research is to demonstrate the changing American perspective on the Rhodesian question and how this directly affected the ultimate emergence of an independent Zimbabwe. I discuss the transformation in U.S. policy from the cautious approach of the Johnson White House, the shift towards ‘white Africa’ during the Nixon years as anti-communism and economic interests took centre stage and the subsequent attempt of the Ford Administration to achieve a peace settlement to prevent further communist expansion into southern Africa. Finally, I will analyse the critical role played by President Carter in bringing an end to UDI.