THE AFRICAN NATIONAL CONGRESS's Unprecedented
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The South African Criminal Law's Response to The
THE SOUTH AFRICAN CRIMINAL LAW’S RESPONSE TO THE CRIMES OF FRAUD AND CORRUPTION WITHIN LOCAL GOVERNMENT by STEPHANIE NAIDOO Submitted in accordance with the requirements of the degree of MASTERS OF LAW (LLM) in the subject PUBLIC LAW at the UNIVERSITY OF PRETORIA SUPERVISOR: PROFESSOR G.P. STEVENS OCTOBER 2016 © University of Pretoria ii DECLARATION OF ORIGINALITY UNIVERSITY OF PRETORIA The Department of Public Law places great emphasis upon integrity and ethical conduct in the preparation of all written work submitted for academic evaluation. While academic staff teach you about referencing techniques and how to avoid plagiarism, you too have a responsibility in this regard. If you are at any stage uncertain as to what is required, you should speak to your lecturer before any written work is submitted. You are guilty of plagiarism if you copy something from another author’s work (eg a book, an article or a website) without acknowledging the source and pass it off as your own. In effect you are stealing something that belongs to someone else. This is not only the case when you copy work word-for-word (verbatim), but also when you submit someone else’s work in a slightly altered form (paraphrase) or use a line of argument without acknowledging it. You are not allowed to use work previously produced by another student. You are also not allowed to let anybody copy your work with the intention of passing if off as his/her work. Students who commit plagiarism will not be given any credit for plagiarised work. The matter may also be referred to the Disciplinary Committee (Students) for a ruling. -
Complete Dissertation
VU Research Portal Itineraries Rousseau, N. 2019 document version Publisher's PDF, also known as Version of record Link to publication in VU Research Portal citation for published version (APA) Rousseau, N. (2019). Itineraries: A return to the archives of the South African truth commission and the limits of counter-revolutionary warfare. General rights Copyright and moral rights for the publications made accessible in the public portal are retained by the authors and/or other copyright owners and it is a condition of accessing publications that users recognise and abide by the legal requirements associated with these rights. • Users may download and print one copy of any publication from the public portal for the purpose of private study or research. • You may not further distribute the material or use it for any profit-making activity or commercial gain • You may freely distribute the URL identifying the publication in the public portal ? Take down policy If you believe that this document breaches copyright please contact us providing details, and we will remove access to the work immediately and investigate your claim. E-mail address: [email protected] Download date: 09. Oct. 2021 VRIJE UNIVERSITEIT Itineraries A return to the archives of the South African truth commission and the limits of counter-revolutionary warfare ACADEMISCH PROEFSCHRIFT ter verkrijging van de graad Doctor aan de Vrije Universiteit Amsterdam, op gezag van de rector magnificus prof.dr. V. Subramaniam, in het openbaar te verdedigen ten overstaan van de promotiecommissie van de Faculteit der Geesteswetenschappen op woensdag 20 maart 2019 om 15.45 uur in de aula van de universiteit, De Boelelaan 1105 door Nicky Rousseau geboren te Dundee, Zuid-Afrika promotoren: prof.dr. -
Country Guide South Africa
Human Rights and Business Country Guide South Africa March 2015 Table of Contents How to Use this Guide .................................................................................. 3 Background & Context ................................................................................. 7 Rights Holders at Risk ........................................................................... 15 Rights Holders at Risk in the Workplace ..................................................... 15 Rights Holders at Risk in the Community ................................................... 25 Labour Standards ................................................................................. 35 Child Labour ............................................................................................... 35 Forced Labour ............................................................................................ 39 Occupational Health & Safety .................................................................... 42 Trade Unions .............................................................................................. 49 Working Conditions .................................................................................... 56 Community Impacts ............................................................................. 64 Environment ............................................................................................... 64 Land & Property ......................................................................................... 72 Revenue Transparency -
WITHOUT FEAR OR FAVOUR the Scorpions and the Politics of Justice
WITHOUT FEAR OR FAVOUR The Scorpions and the politics of justice David Bruce Centre for the Study of Violence and Reconciliation [email protected] In May 2008 legislation was tabled in Parliament providing for the dissolution of the Directorate of Special Operations (known as the ‘Scorpions’), an investigative unit based in the National Prosecuting Authority. The draft legislation provides that Scorpions members will selectively be incorporated into a new investigative unit located within the SAPS. These developments followed a resolution passed at the African National Congress National Conference in Polokwane in December 2007, calling for the unit to be disbanded. Since December the ANC has been forced to defend its decision in the face of widespread support for the Scorpions. One of the accusations made by the ANC was that the Scorpions were involved in politically motivated targeting of ANC members. This article examines the issue of political manipulation of criminal investigations and argues that doing away with the Scorpions will in fact increase the potential for such manipulation thereby undermining the principle of equality before the law. he origins of current initiatives to do away Accordingly we have decided not to with the Scorpions go back several years. In prosecute the deputy president (Mail and T2001 the National Prosecuting Authority Guardian online 2003). (NPA) approved an investigation into allegations of corruption in the awarding of arms deal contracts. Political commentator, Aubrey Matshiqi has argued In October 2002 they announced that this probe that this statement by Ngcuka ‘has in some ways would be extended to include allegations of bribery overshadowed every action taken in relation to against Jacob Zuma, then South Africa’s deputy Zuma by the NPA since that point.’ Until June president. -
Trekking Outward
TREKKING OUTWARD A CHRONOLOGY OF MEETINGS BETWEEN SOUTH AFRICANS AND THE ANC IN EXILE 1983–2000 Michael Savage University of Cape Town May 2014 PREFACE In the decade preceding the dramatic February 1990 unbanning of South Africa’s black liberatory movements, many hundreds of concerned South Africans undertook to make contact with exile leaders of these organisations, travelling long distances to hold meetings in Europe or in independent African countries. Some of these “treks”, as they came to be called, were secret while others were highly publicised. The great majority of treks brought together South Africans from within South Africa and exile leaders of the African National Congress, and its close ally the South African Communist Party. Other treks involved meetings with the Pan Africanist Congress, the black consciousness movement, and the remnants of the Non-European Unity Movement in exile. This account focuses solely on the meetings involving the ANC alliance, which after February 1990 played a central role in negotiating with the white government of F.W. de Klerk and his National Party regime to bring about a new democratic order. Without the foundation of understanding established by the treks and thousands of hours of discussion and debate that they entailed, it seems unlikely that South Africa’s transition to democracy could have been as successfully negotiated as it was between 1990 and the first democratic election of April 1994. The following chronology focuses only on the meetings of internally based South Africans with the African National Congress (ANC) when in exile over the period 1983–1990. Well over 1 200 diverse South Africans drawn from a wide range of different groups in the non- governmental sector and cross-cutting political parties, language, educational, religious and community groups went on an outward mission to enter dialogue with the ANC in exile in a search to overcome the escalating conflict inside South Africa. -
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. -
A Contextualization and Examination of the Impi Yamakhanda (1906 Uprising) As Reported by J
1 A contextualization and examination of the impi yamakhanda (1906 uprising) as reported by J. L. Dube in Ilanga Lase Natal, with special focus on Dube’s attitude to Dinuzulu as indicated in his reportage on the treason trial of Dinuzulu. Moses Muziwandile Hadebe Dissertation submitted in fulfilment of the requirements for the award of the degree of Master of Arts in Historical Studies Programme of Historical Studies Faculty of Human and Social Sciences University of Natal Durban 2003 2 Declaration I Moses Muziwandile Hadebe, hereby declare the content of this thesis is entirely my own original work. Moses Muziwandile Hadebe June, 2003 Dr Keith Breckenridge June, 2003 3 Abstract The thesis explores not only the history but also the competing histories of 1906. It is however no claim to represent the entire history - undoubtedly a period of great complexity, and a time of tragedy for the African people that culminated in their conquest. My exploration of the history relies heavily on the reportage of J. L. Dube in his newspaper, Ilanga Lase Natal. A close analysis of Dube’s reports points to a number of crucial aspects, such as the fundamental importance of the amakhosi/chiefs, the clear determination of the Natal settler government to break and undermine the power of the amakhosi, the central significance of the issue of land and the closely related matter of taxation. All these are contextualized in the African setting - homesteads and cattle, with their profound traditional influence for many reasons in Zulu culture. My exploration and analysis has been carried out by looking concurrently at the usage of metaphor, words and language in the newspaper, the impact of which is mesmerising. -
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. -
A Short Chronicle of Warfare in South Africa Compiled by the Military Information Bureau*
Scientia Militaria, South African Journal of Military Studies, Vol 16, Nr 3, 1986. http://scientiamilitaria.journals.ac.za A short chronicle of warfare in South Africa Compiled by the Military Information Bureau* Khoisan Wars tween whites, Khoikhoi and slaves on the one side and the nomadic San hunters on the other Khoisan is the collective name for the South Afri- which was to last for almost 200 years. In gen- can people known as Hottentots and Bushmen. eral actions consisted of raids on cattle by the It is compounded from the first part of Khoi San and of punitive commandos which aimed at Khoin (men of men) as the Hottentots called nothing short of the extermination of the San themselves, and San, the names given by the themselves. On both sides the fighting was ruth- Hottentots to the Bushmen. The Hottentots and less and extremely destructive of both life and Bushmen were the first natives Dutch colonist property. encountered in South Africa. Both had a relative low cultural development and may therefore be During 18th century the threat increased to such grouped. The Colonists fought two wars against an extent that the Government had to reissue the the Hottentots while the struggle against the defence-system. Commandos were sent out and Bushmen was manned by casual ranks on the eventually the Bushmen threat was overcome. colonist farms. The Frontier War (1779-1878) The KhoiKhoi Wars This term is used to cover the nine so-called "Kaffir Wars" which took place on the eastern 1st Khoikhoi War (1659-1660) border of the Cape between the Cape govern- This was the first violent reaction of the Khoikhoi ment and the Xhosa. -
Who Is Governing the ''New'' South Africa?
Who is Governing the ”New” South Africa? Marianne Séverin, Pierre Aycard To cite this version: Marianne Séverin, Pierre Aycard. Who is Governing the ”New” South Africa?: Elites, Networks and Governing Styles (1985-2003). IFAS Working Paper Series / Les Cahiers de l’ IFAS, 2006, 8, p. 13-37. hal-00799193 HAL Id: hal-00799193 https://hal.archives-ouvertes.fr/hal-00799193 Submitted on 11 Mar 2013 HAL is a multi-disciplinary open access L’archive ouverte pluridisciplinaire HAL, est archive for the deposit and dissemination of sci- destinée au dépôt et à la diffusion de documents entific research documents, whether they are pub- scientifiques de niveau recherche, publiés ou non, lished or not. The documents may come from émanant des établissements d’enseignement et de teaching and research institutions in France or recherche français ou étrangers, des laboratoires abroad, or from public or private research centers. publics ou privés. Ten Years of Democratic South Africa transition Accomplished? by Aurelia WA KABWE-SEGATTI, Nicolas PEJOUT and Philippe GUILLAUME Les Nouveaux Cahiers de l’IFAS / IFAS Working Paper Series is a series of occasional working papers, dedicated to disseminating research in the social and human sciences on Southern Africa. Under the supervision of appointed editors, each issue covers a specifi c theme; papers originate from researchers, experts or post-graduate students from France, Europe or Southern Africa with an interest in the region. The views and opinions expressed here remain the sole responsibility of the authors. Any query regarding this publication should be directed to the chief editor. Chief editor: Aurelia WA KABWE – SEGATTI, IFAS-Research director. -
We Should Learn from Mugabe, Says South Africa's Deputy Leader by Basildon Peta in Johannesburg Published: 12 August 2005
Independent Online Edition > Africa : app1 12 August 2005 10:14 Home ❍ > News ■ > World ■ > Africa We should learn from Mugabe, says South Africa's deputy leader By Basildon Peta in Johannesburg Published: 12 August 2005 South Africa's new Deputy President, Phumzile Mlambo-Ngcuka, has caused an uproar by calling for her country to copy Zimbabwe's disastrous land reform policies in an attempt to speed up redistribution. Mrs Mlambo-Ngcuka's remarks came shortly after a government summit to review South Africa's land reforms opted to drop the willing buyer/willing seller policy in favour of a new policy yet to be spelt out. "Land reform in South Africa has been too slow and too structured. There needs to be a bit of 'oomph'. That's why we may need the skills of Zimbabwe to help us," she said at an education conference. "On agrarian and land reform, South Africa should learn some lessons from Zimbabwe - how to do it fast." But analysts and opposition MPs, who fear South Africa is already on the path to losing its status as the world's sixth-biggest net food exporter following the rejection of the willing buyer/willing seller policy, condemned Mrs Mlambo Ngcuka's comments as "grossly irresponsible". While the need to redistribute land in South Africa to redress colonial-era imbalances is not disputed, there is almost universal consensus that Zimbabwean President Robert Mugabe's methods are textbook examples of how not to enact land reforms. Murphy Morobe, head of communication at the presidency, later attempted to dismiss the comments, saying they were made in jest in a lighthearted moment during the conference: "The Deputy President made this remark during a light-hearted exchange between her and [the Minister for Higher Education, Dr Stan] Mudenge, whom she knows," he explained. -
EB145 Opt.Pdf
E EPISCOPAL CHURCHPEOPLE for a FREE SOUTHERN AFRICA 339 Lafayette Street, New York, N.Y. 10012·2725 C (212) 4n-0066 FAX: (212) 979-1013 S A #145 21 february 1994 _SU_N_D_AY-.::..:20--:FEB:.=:..:;R..:..:U..:..:AR:..:.Y:.....:..:.1994::...::.-_---.". ----'-__THE OBSERVER_ Ten weeks before South Africa's elections, a race war looks increasingly likely, reports Phillip van Niekerk in Johannesburg TOKYO SEXWALE, the Afri In S'tanderton, in the Eastern candidate for the premiership of At the meeting in the Pretoria Many leading Inkatha mem can National Congress candidate Transvaal, the white town coun Natal. There is little doubt that showgrounds three weeks ago, bers have publicly and privately for the office of premier in the cillast Wednesday declared itself Natal will fall to the ANC on 27 when General Constand Viljoen, expressed their dissatisfaction at Pretoria-Witwatersrand-Veree part of an independent Boer April, which explains Buthelezi's head ofthe Afrikaner Volksfront, Inkatha's refusal to participate in niging province, returned shaken state, almost provoking a racial determination to wriggle out of was shouted down while advo the election, and could break from a tour of the civil war in conflagration which, for all the having to fight the dection.~ cating the route to a volkstaat not away. Angola last Thursday. 'I have violence of recent years, the At the very least, last week's very different to that announced But the real prize in Natal is seen the furure according to the country not yet experienced. concessions removed any trace of by Mandela last week, the im Goodwill Zwelithini, the Zulu right wing,' he said, vividly de The council's declaration pro a legitimate gripe against the new pression was created that the king and Buthelezi's nephew.