Thesis (S.T.M.)--Trinity Lutheran Seminary, 1983. / Includes bibliographical references (leaves 109-113).

Magister Legum - LLM / This paper evaluates s 42 of the South African Employment Equity Act (EEA) with specific focus on the application of the demographic profile of the national and regional economically active population by designated employers. The comparative analysis considers how the law of affirmative action in the United States of America and in Namibia, international conventions and the International Labour Organization (ILO) in relation to South Africa’s Constitution and the EEA promote affirmative action. While international law holds that affirmative action measures should be of a temporary nature with an individualistic focus on formal equity, the EEA granted affirmative action measures which are permanent, group based and substantive in nature.Given South Africa`s discriminatory past, it became an accepted principle that affirmative action needs to be implemented to redress the imbalances caused by apartheid. In broad terms, the EEA provides for the advantage of persons or certain categories of persons who were disadvantaged by unfair discrimination. As a result the EEA focuses on race, sex and people with disabilities to determine those who are to be the beneficiaries of affirmative action. International Law also embraces the notion of affirmative action and place a duty on all member states to act pro-actively to correct the effects of unfair discrimination. The mini-thesis also evaluates the powers of the Director-General of Labour with specific focus on the enforcement of measures and how it relates to the Promotion of Administrative Justice Act (PAJA) in compliance with the provisions of the EEA. It is concluded that s 42 of the EEA (with the exception of s 42(a)(i)) provides sufficient measures to redress the inequalities of the past by providing equal opportunities for suitably qualified people of the designated groups. That the Constitution and the EEA does not provide for differentiation amongst “Black people” (African, Coloureds and Indians). That the application of both the national and regional demographics are compulsory in formulating an equity plan, that the one cannot be ignored in favour of the other, and that the Director-General of Labour is sufficiently empowered to ensure compliance with the provisions of the EEA.

This dissertation involves contemplations and reflections on a post-apartheid feminist jurisprudence. My contemplation of a feminist jurisprudence takes place within the broader search for a post-apartheid jurisprudence. Post-apartheid jurisprudence provides a critical context for the contemplation. Within this research I illustrate the existence of a masculine symbolic order in South Africa. I suggest that this order contributes to the marginalisation of women and as such problematisation of this order is required. I submit within this dissertation that although the post-apartheid jurisprudential context may be described as critical, challenge to the masculine symbolic order has not been sufficient. From this perspective, I consider the possibility of a post-apartheid feminist jurisprudence. The reflections on a feminist jurisprudence depart from ethical feminism as originally formulated by Drucilla Cornell. The heterogeneity and plurality of the South African society requires an approach that is sensitive to difference and diversity. Ethical feminism seeks to address marginality and the masculine symbolic order by making use of critical and deconstructive insights. It suggests a way of interpreting 'the feminine' as a means of bringing about transformation and openness to difference. I submit within this research that ethical feminism as an approach is suitable to the South African context and that it may contribute to post-apartheid jurisprudence's critical search for approaches to law. Ethical feminism suggests using the feminine affirmatively and allegorically. Along these lines I explore certain myths and narratives, amongst them, retellings of the Greek myths of Ariadne and Penelope, the testimony of a mother before the Truth and Reconciliation Commission and William Shakespeare's character Ophelia. In attempting an interpretation of the feminine, I explore the theme of 'refusal'. Refusal discloses new possibilities, options and alternatives. It also signifies a feminist jurisprudence that is continuous, transformative and unafraid of embracing uncertainty and humility. / Dissertation (LLM)--University of Pretoria, 2011. / Jurisprudence / LLM / Unrestricted

This dissertation deals with the nature of the black middle-class assimilation in the South African suburban space, a space that was the sole preserve of the white middle-class during apartheid. It explores the relationship between these races as they come to meet in this space and what new identities are being formed. It also explores the relationship between both the black and white suburbanites and the urban poor who stay in an adjacent area to the suburb. The study uses the Beacon Bay area, which is constituted by one of East London’s most affluent suburbs and a poor township, Nompumelelo, to show how the emergent black middle-class has managed to enter this space in the post-apartheid era. Previous studies by Richard Ballard (2004) and Grant Saff (2001) have shown how the white middle-class has always been against any form of race or class mixing. Within the suburb, the new black suburbanites in Beacon Bay appear to have been welcomed but with conditions by their fellow white counterparts. The relationship between these two races does not stretch beyond meet and greets and it is only in the second generation black middle-class that you find better and non-superficial relations with fellow white suburbanites. In the older generation, the generation that experienced apartheid, the relationship between these two races has been that of tolerance and serious escape of contact unless when necessary. The children of both white and black families, though, have a far better relationship in school and in sport than their parents. This has created another area of contact for both these races and it bears potential for meaningful integration in the suburban space. Externally as it relates to relations between the black middle-class and the urban poor, the findings show that these new black suburbanites express a similar discomfort as the white suburbanites about the urban poor’s presence in the area. This shows that the evolution of the Beacon Bay suburb, with its deep-rooted discourse of white middle-class exclusivity, has not been entirely about hatred of the urban poor necessarily but about an identity ascription of what it means to live in a suburb. Despite these realities traditional ceremonies organised by the black middle-class in the suburbs and the church appear to be playing a role in creating relations between these suburbanites and the Nompumelelo residents. This is why we have decided to use the conceptualisation of the 18th century frontier zone as the borders of segregation within the suburb and between the suburban residents and those of the township can be crossed and re-crossed.

The divisive city planning and urban fabric of apartheid in Cape Town, South Africa has prevented social and economic growth for much of the population. The types of places invented by human cultures have the potential to be altered by sociopolitical events throughout history, yet little in Cape Town has been accomplished thus far in regards to breaking the patterns of segregation in the built environment. Worldwide, cities dictated by walls have been met with issues of mobility and social integration, raising the question of how design may aid in the transcendence of borders. Efforts towards redevelopment within Cape Town are often misplaced and have the tendency to strengthen the notion of "apartness" as they are not truly connecting people, places and goods to one another. By focusing on connecting disparate communities across boundaries, new development can construct a mobilized future. In order to integrate community and environment, siting at the seam between the mobile and the immobile is required for future growth. In Cape Town the highway is a conduit of freedom and access but exists simultaneously as a physical boundary between poor areas lacking the very access the highway provides. It is along this edge that this thesis will focus on, as it pertains so closely to what needs to be addressed for the growth and development of Cape Town- issues of location, containment and condition, and shifting building goals from that of immobilization, security and control to that of mobilization and new networks; allowing for an increase in physical movement, social progress, and economic growth. / 0 / SPK / specialcollections@tulane.edu

No description available.

A thesis submitted to the Faculty Arts in fulfilment of the requirements for the Degree of Masters of Arts (Development Studies) in the Department of Anthropology and Development Studies at the University of Zululand, South Africa, 2017. / In 1994, South Africa became a more inclusive democratic state when Nelson Mandela became the first black president. This era marked a new course for a new democratic South Africa. The post-apartheid political dispensation has ushered in a prestigious opportunity for a newly democratic South Africa to reconnect with the other states in different multilateral institutions. The proliferation of Multilateralism as a strategy for states including South Africa has its merit and demerits. In this regard, South Africa has connected and reconnected with different multilateral institutions both regionally and globally. The following are some of the multilateral institutions that the country has connected and reconnected with in the aftermath of 1994. These institutions include the United Nations (UN), the African Union (AU), the Southern African Development Community (SADC) and the Brazil, Russia, India and South Africa bloc (BRICS). In connection with these relations that the country has made thus far, there have been little studies that account and juxtapose the implications and significance of these relations for South Africa. In this regard, this study attempts to do an appraisal/assessment of the reliance, significance and implications for South Africa association to these multilateral organisations. The following questions were asked in the study: How has the international objectives of South Africa fared in her interactions with the UN (Agencies); How has South Africa’s regional economic interactions via the SADC and BRICS developed since 1994; To what extent has South Africa contributed to African Union since 1994 and has its membership impacted on the country’s other multilateral drives? In order to answer the aforementioned questions, a qualitative desktop based research methodology was employed using thematic and historical analysis of secondary data. Based on the extensive literature review and thematic analysis, the study found that as much as South Africa’s multilateralism promises great advantages than disadvantages, these relations requires caution as they are critical to the future of the economy of South Africa.

Student Number : 0419886N - MA research report - School of Politics - Faculty of Arts / “The longing for a better world will need to arise at the imagined meeting place of many movements of resistance, as many as there are sites of enclosure and exclusion. The resistance will be as transnational as capital. Because enclosure takes myriad forms, so shall resistance to it.” - Iain A Boal, First World, Ha Ha Ha!, City Lights, 1995 Boal’s description captures the exuberance, hope and confidence of today’s social movements. That there is something irresistible about autonomous, grassroots and subaltern movements in their anti-systemic alternatives to capitalism has become a notion which has gained considerable currency in recent years.1 Formations of these groups (the Zapatistas being the oft cited example) are seen to mirror theories of the most utopian and radical forms of democracy. In Part 1 we seek to examine a range of critical historiography in exploring the features of what is ‘new’ in today’s social movements, using Zapatista style organization and discourse as the prototype. This definition will be moulded with the elements of critical theory which have at their core a radical transformative function of social movements. For example Castells’ work on urban movements pictures: “collective conscious action aimed at the transformation of the institutionalized urban meaning against the logic, interest and values of the dominant class.”2 We will draw from Murray’s assumption that such movements “actively contest the prevailing forms of political representation and the legitimacy of political rule.”3 New social movements (NSM) will be seen within the context of anti-normative approaches to democracy. An alternative pole of reference will emerge in contrast to what we will term low intensity, liberal, parliamentary or bourgeois forms of democracy. All this will be lodged in an understanding of old social movements. We hold these to be single issue movements that fail to forge links to other sites of oppression and exploitation, or movements which take on a narrow class composition and understanding of change. Implicit in moving on from narrow, and or,Marxist-Leninist positions over class, is the multiplicity of relations humans have within the social body. This refutes crude economism conceptions regarding the make-up of the working class.4 However, capitalism and our relations to production, still remain central in understanding the relationship of the subject to the social body. We suggest recent crisis points and weaknesses in capitalism (detected as neo-liberal trends) provide plenty of scope for weaving an historical dialectic back in. Evidence for this comes from critical theory which claims, perhaps falsely, to be founded on anti-essentialism.5 We argue that it is commodification which breeds this resistance against the totalizing effect of capitalism at every level of the structure. Thus neo-liberalism embodies for much of this critical thought the subject of a “Fourth World War” fought by the multitude. 6 The mobile nature of contemporary capital and the immaterial essence of its production to define the multitude – essentially disenfranchised and disaffected subjects – has led to an expanded definition of the old working class.7 The multitude is the reinvention of some social subject invested in an historical project. This multitude has taken on a particular guise, moving away from traditional conceptions of a revolutionary class. As Negri and Hardt note: “The closer we look at the lives and activity of the poor, the more we see how enormously creative and powerful they are”.8 The poor embody the ontological condition not only of resistance but also of productive life itself.9 However, we will also attempt to locate moments within the subject that go beyond the indeterminacies and moments of rupture within the structure. Careful attention will be paid to Zizek’s subject of lack, in assessing the carnivalesque and irrational moments of today’s movements and the role of what we will view as a renewed sense of voluntarism. We remain conscious that we are forging a vision of new social movements which forges an at times uneasy alliance across a variety of groups who challenge dominant structures at different times, spaces and ways. It is sometimes tempting to lump various “anti-globalisation” groups together, without grasping the intricacies and nuances that bind as well as divide them. Ultimately, we accept some of the essentialist critique that can be levelled at NSM theory, recognizing a trope of romanticism around struggle is deliberately and necessarily invented. This will be fully discussed in the controversial claim that some movements and elements of civil society have more validity than others. It will be considered in claiming that moments of oppression, subordination and exploitation require articulation and don’t erupt into historical trajectories of struggle. This requires the development and expression of relative rather than fixed universals (e.g. around democracy, right to water, right to land). It is commodification and neo-liberalism that provides the stimulus for such relative universals. We shall see that they revolve around issues that are real to subjects in the narratives of their struggles and lives.11 Finding some fixity of meaning and experience ensures our analysis is not post-structuralist. Post-structuralism has fostered awkward relationships with truths which have, as Mamdani has noted, not always led to a basis of a “healthy humanism”.12 It leads to a universalized aestheticization whereby truth, reduced to merely a style effect of discursive articulation, forges an endless spectrum of interpretation/re-interpretation. 13 Moreover, it can be utilized to create legitimacy for fascist, colonialist and imperialist discourses. Part 1 attempts to provide the basis for the rest of the work by developing an understanding of the historicity of new social movements and what makes them different to other forms of political and social organisation. This is critical for later discussion which will draw upon the experiences of South Africa. In Part 2 we seek to build from the radical civil society theory and tease out features and characteristics of it within anti-apartheid social movements. This will involve an exploration around township civics which were and are often bundled under the umbrella of the United Democratic Front (UDF). Many of these were built around notions of People’s Power, economic transformation and social justice. We will consider the ideology present in these movements and how it played out in realities, acknowledging the highly repressive scenario of the apartheid state. Within these movements we will flesh out radical spaces and visions which appeared to have dissipated in the ANC hegemony over the decolonisation process and subsequent “transformation” project. We will not shy away from advocating that there were features within such radical spaces, such as Charterist, and or, unity projects, which emerged at various times to create implicitly anti-democratic politics. 14 Such problems as we will see went to the core of the UDF and also into the geo-polities of South Africa which became “ungovernable” in the 1980s. Depoliticization was not just a performative effect of ANC strength or “Stalinism” as often narrated by the left, but a weakness in the structure and formation of civil society. 15 We explore whether it was not just the ANC that “demobilized” the grassroots, but that the form and functioning of civil society that contributed to the conditions in which movements’ own radical notions of People’s Power and direct democracy dissipated. Part 3 will look at this demobilization within the context of the transition to democracy during the negotiated settlement.16 We scrutinize the nature of the period from apartheid to liberal democracy, noting trajectories of struggle which mark both eras. We argue that elements and goals in the struggle that sought a very different democracy to that gained at the CODESA talks have re-emerged in the deepening disillusionment of the ANC project after ten years of governance. This has within some discourse included the ability of the nation-state generally, within neo-liberalism, to bring about social justice. Yet, the suggestion that this is the period of “economic” rather than “racial” apartheid will need to be carefully explored in the context of Fanon’s characterization of national liberation elites.17 While noting the benefit an economic approach has in distinguishing the role of dominant classes, we suggest it can overshadow explicit structures of racism that penetrate to the core of South African society. They are brought out for example by grassroots movements such as the Landless People’s Movement (LPM), in their campaign that equated landlessness with racism. Finally Part 4 examines the extent characteristics we ascribe to the new social movements of South Africa correspond with the features of anti-apartheid struggles of the 1980s. Moreover, it requires us to assess the critical theory developed in Part 1 in terms of realities in post-Apartheid South Africa. We note the apprehension in considering parallels between anti-apartheid struggles and current rights based struggles. While there have been a few attempts to make links within a continuation of struggle from apartheid to neo-liberalism18, all too often, the anti-apartheid struggles that invoked notions of People’s Power have been dismissed as undemocratic, authoritarian and reactionary.19 While an attempt to wipe the slate clean might be useful in carving out a fresh and dynamic image for contemporary social movements, it perhaps ignores that there are similar issues, rhetoric and ideologies being played out today. We will explore whether the historiography simply seeks to justify and re-create contemporary social movements to create ammunition for particular strands of political theory judged to be liberationist and correct within the current historical juncture. Are we carving out a fictional historicity within the identity of struggle that doesn’t exist? Are narratives created more for attachments to a belief in certain “historical” processes than less sharply defined realities? Is the multitude, merely Marx’s 19th century industrial working class, vested with an imaginary historical project? Noting the background of many individuals involved within the APF (trade union, SACP), we need to discuss how they have been placed on a new trajectory of thought given the features which define today’s subjects in NSM compared to orthodox Marxist-Leninist thought around the revolutionary subject. We hope a sketch of the past and an analysis of the present may contribute in the current debates within the social movements during a critical time for anti-capitalist struggles in South Africa. This work is not concerned with producing exhaustive lists of repressive acts conducted by the state, the brutality of private security firms, or broken election promises, but in uncovering the structure of the post-apartheid state and how social movements respond and re-create themselves. Despite their youth, they represent the first serious contestation of ANC hegemony in terms of an alternative discourse around democracy, social justice and transformation. This work has been made possible through regular contact with social movements in Gauteng. Informal participatory discussions with various activists and communities within these struggles have been invaluable and enlightening. Such first hand experience has provided an insight into the operative nature and democratic functioning of a variety of movements including the role of vanguards and leadership. My attendance at various forums and discussions, such as the Social Movements Indaba (SMI), has also been vital. Fundamentally, the work hinges upon a critical exploration from three areas. Firstly, in the discussion necessary to establish a historicity of new social movements which will point to their methodological and epistemic construction. Secondly, upon an understanding of the South African experience that can cover an immense ground from apartheid into liberal-democracy which is aware and responsive to a wide range of historiography. Thirdly, a series of interviews and personal reflections from discussions with various activists across South Africa. Some are well known leaders. Others form part of the collective multitudes beginning to emerge and speak through the fissures of South African society. Relationships that I have made, as well as recent political events, culminated in the choices of the Khayelitsha township of Cape Town, Alexandra in Johannesburg and Harrismith in the Free State as the sites for this part of the research.21 The methodology hinges upon an accurate reflection and assessment of contemporary social movements from the people who participate and function within them, together with an historiographical account of social movements in the South African experience. Limitations here are perhaps obvious. Interviewees may have the tendency to be modest or emphasize their own personal role in struggles. Attendance of community meetings and forums is hoped to counter-balance this together with the use of contemporary subject work. However, there can be no objective yardstick by which to judge the contributions found in this paper. Furthermore, the lack of rigour within the methodology would alarm the majority of modernist and positivist historians and commentators. Yet, it is with this aim that the work attempts to accept the criticisms of romanticism, myth, euphoria and narratives in seeking to forge the very conditions outlined by Boal in which we might find the same “imagined meeting place” and discussion of freedom.

This thesis takes the form of an enquiry into the development of the ―generic contours (Bakhtin 4) for the narration of torture in South Africa during apartheid and its aftermath. The enquiry focusses on the ethical determinations that underlie the conventions of this genre. My theoretical framework uses Adam Zachary Newton‘s conceptualization of narrative ethics to supplement Paul Ricoeur‘s writings on narrative identity and the ethical intention, thus facilitating the transfer of Ricoeur‘s abstract philosophy to the realm of literary criticism. Part I presents torture as a disruption of narrative identity and a defamiliarization of the intersubjective encounter. The existence of torture narratives thus attests to the critical role of narration in the reconstruction of the tortured person‘s identity and the re-establishment of benign frameworks of intersubjective communication. Literature‘s potential to act as a laboratory for the testing of the limitations of narrative identity and the resilience of ethical mores suggests that the fictional representation of torture also has an important role to play in this attempt at rehabilitation. Part II takes the form of a comparative analysis of non-fictional and fictional accounts of torture originating from apartheid South Africa. This shows that the ethical determinations underlying the narration of torture in South Africa range from intersubjective estrangement to a ―solicitude of reciprocity (Bourgeois 109). However, because the majority of these texts used the presentation of human rights abuses to galvanize international opposition to apartheid, the scope for experimentation was limited by the political exigencies of the time. Part III examines the stylistic and generic shifts in the narration of torture that accompanied South Africa‘s transition to democracy. It suggests that the discursive dominance of the Truth and Reconciliation Commission replaced the fruitful—in literary terms—dialogue between authoritarianism and resistance that characterized the apartheid era with a monologic grand narrative of emotional catharsis, reconciliation and nation building. It also suggests that the ―truth-and-reconciliation genre of writing (Quayson 754) that shaped the literary milieu of the post-TRC period be seen in terms of a resurgence of the apartheid–era paradigms for the narration of human rights abuses that were repressed during the initial phase of democratic transition. By framing the TRC as a catalyst for individual journeys of self-discovery, these novels raise important questions about what it means to be a part of the ―new South Africa. In contrast to the majority of apartheid era literature, the novels of the post-TRC period privilege the literary prerogative over the political, and thus bring to fruition the experimental potential of the previous paradigm. In doing so, they not only go beyond solicitude to achieve an ―authentic reciprocity in exchange (Ricoeur, Oneself 191), but also initiate a process of long-awaited literary expansion, in which authors look beyond the limits of apartheid and begin to critically engage with the region‘s pre-apartheid history and its post-apartheid present.

Thesis (M. A. (Media Studies)) -- University of Limpopo, 2021 / The study investigates the popular South African feature film entitled Safarina (1992) and its depiction of young South Africans’ resistance against the apartheid system during the 1970s through the 1980s. It analyses how Sarafina portrays the socio-cultural and political environment that characterised the apartheid modus operandi; explores the film’s ideological frames of societal dissent during apartheid and examines Sarafina’s cinema verité and application of symbolism in portraying the historical context and narrative of the South African struggle for freedom. The study refers to extensive literature about film as an artistic medium, dynamics in film genre, its role in representing societal dissent, application of filmic elements in technical production and relevance of symbolism in film criticism. The theoretical framework entails two theories, namely Framing and Ideological Film Criticism. The study adopted the qualitative descriptive case study design cognisant of its ability to provide a complex visual and audio-textual description of the events represented during the period under study. It used purposive sampling to select the film Sarafina to elucidate the contours and experiences of the apartheid system in pre-democratic South Africa. Methodological techniques used in the study involved audio-visual content analysis during the data collection process and thematic analysis from which discursive themes were generated and findings were derived. The findings of the study demonstrate the representational etiquette of Sarafina to bring out significant political and cultural memories of the struggle for freedom with potential to create conducive spaces for positive social, cultural and political benefits for the contemporary South African society. The study concludes by recommending the usage of Sarafina and other forms of film genre, not only as artefacts for preserving historical experiences, but also to promote active citizenship, good democratic governance, and effective service delivery in post-apartheid South Africa.