This dissertation contemplates the possibility of a relationship between democracy and the democracy to come experienced from within an inoperative community of law students. The reason for this contemplation is to ascertain to what extent lawyers and law students in particular can contribute to transformation in South Africa. With transformation I envision the ongoing questioning of well known identities, opening up the structure for discourse on new possibilities of meaning. The relationship envisioned by a democracy in waiting of the democracy to come constitutes transformation. I investigate the radical and transcendental nature of human rights and democracy, to show the potential within these concepts to encompass transformation. The nature of these concepts will however allow misuse and manipulation which will be detrimental to the pursuit of transformation and democracy to come. Due to the legal nature of human rights and their entrenchment in the Constitution of the Republic of South Africa, lawyers will by means of legal interpretation be responsible for the fixture of meaning of these concepts. Even though I do not argue for a definite distinction, I identify two aspects which may influence the way in which lawyers perform legal interpretation: the structure of the law and the cultural aspect of the law or legal culture. The focus is on legal culture, as a form of community of lawyers. Due to the traditionally conservative approach of South African legal culture to legal interpretation, transformative constitutionalism, a project by means of which lawyers partake in social and political projects by means of legal interpretation, is hindered. I argue that the transformation of legal culture in itself can occur at the foundations of legal culture: tertiary legal education. I argue that law students serve as a community in which legal culture is founded continuously by means of confirmation, instead of critical contestation. Law students are unaware of the impact legal culture has on the way they are taught to think and argue about the law. A community of lawyers is therefore created which is unable to critically evaluate the law – a skill which is required to promote human rights and democracy in the pursuit of transformation. I argue for legal interpretation to be orientated towards the needs of the society being served and for meaning of rights and meaning in general to be relational and not individually centred. It is therefore necessary to rethink the idea of community – with regards to the community of lawyers of legal culture, but also with regards to the greater community being served by lawyers. Community in the true sense of the word is however always eluding us which space creates the hope for community. The residue? The inoperative community. The temporary nature of the getting together focuses on the only true common denominator – difference. What we have in common is the fact that we are different. Meaning can therefore only be temporary. I argue that law students can from this perspective create human rights and democracy discourse which can promote transformation. Copyright / Dissertation (LLM)--University of Pretoria, 2012. / Jurisprudence / Unrestricted

Dissentient Afrikaner nationalist, who since 1949 expressed their dissatisfaction with the policy of apartheid, set the tone for the subsequent era of enlightened political thought. In 1966, during the Vorster-era, discontent with the apartheid ideology manifested with the battle between the verkramptes (ultra-conservative) andverligtes (enlightened) within the National Party. The verligtes favoured an approach of cooperation and co-existence en therefore supported the outward-policy and reforms of Vorster. Vorster’s style of government, the political situation (Soweto-uprisings) and economic realities, contributed to increased support for the I>verligtes. This also strengthened their position and enabled them to apply pressure to the government that led to far-reaching consequences for apartheid, including the opening up of amenities and the appointment of the Erika Theron, Wiehahn and Riekert Commissions. Up until 1984, P.W. Botha supported and promoted the ideals of theverligtes. He, together with the verligtes expanded on the idea of coexistence to also include elements of participation, joint decisionmaking and power sharing (tri-cameral parliament), all of which excluded blacks. The influence of the verligtes became more consolidated despite the increasing alienation between them and Botha. They no longer shared Botha’s view of the Afrikaner as the sole centre of political influence and power. They believed negotiations with the blacks (ANC) to be an essential element of any process aimed at establishing a democratic dispensation in South Africa. Due to the eruption of black resistance in 1984, coupled with a slump in economy and increasing foreign pressure on the government, enlightened elements within the National Party became increasingly frustrated with the slow pace of reform. All of this led to the rise of the new nats who clearly stated their demands for reform in the media and who would henceforth have an indelible influence on politics. New nats engaged in behind-the-scenes discussions with the ANC which paved the way for negotiations. As pragmatist, F.W. de Klerk could not ignore the increasing demands for comprehensive reforms by the verligtes and the new nats. He succeeded in unifying these two factions within the National Party, who subsequently adopted the ideological position and political aims of the new nats and were known as the verligtes. The 1990s heralded the era of negotiations for a new democratic political dispensation in South Africa. De Klerk and the verligtes did not share the same objectives in terms of the intended outcome of the negotiations. De Klerk wanted to ensure continued white political supremacy, while the verligtes believed that the ANC’s numerical superiority would necessarily lead to a government dominated by the majority. Initially, the verligtes would allow themselves to be swept along by De Klerk in his efforts to ensure a power-sharing agreement, which made provision for protection of minority rights. They were, however, forced to a paradigm shift due to pressure resulting from political, economic and demographic realities. These divergent goals resulted in a transitional democratic constitution characterised by many shortcomings. As a direct result of these, the verligtes contributed to the political disempowerment of the Afrikaner since 1994. / Dissertation (MHCS (History))--University of Pretoria, 2006. / Historical and Heritage Studies / unrestricted

Magister Educationis - MEd / There is a continual reaction to educational systems by other social groupings. To a large extend education is determined by persons other than educationalists. The social context has a definite influence on a system of education. In South Africa the different political groupings are reacting to the present educational system. These political groupings each has different political aspirations and expectations. As political aspirations relate closely to educational aspirations, it follows that these political groupings will have different educational aspirations. The political groupings recently exerting the most influence in the educational field in South Africa have been the National Party (NP), the United Democratic Front (UDF) and the Azanian People's Organization (AZAPO). In this research attention is given to the role and influence of these groupings, their educational aspirations, and the degree to which their aspirations are educationally sound. At the outset an attempt is made to determine certain criteria for an educational justifiable educational system. These criteria are used throughout as the standard in terms of which the different aspirations are evaluated. Thereafter each of the groups, the NP, the UDF and AZAPO, is examined individually. To ascertain the educational aspirations of each in the correct perspective, the role each of these groups plays in the educational the political arena is examined. Subsequently aims resulting from the political aims are examined. An extensive literary study was undertaken to inform the research. As education is very topical at present, newspaper reports, magazine and journal articles, as well as relevant research reports and other primary sources have been used in the study. Finally the conclusion is reached that each of the educational aspirations has its strengths and deficiencies and an attempt is made to set a vision for the future.

School principalship has evolved over the years. The dawn of democracy in South Africa has brought with it a myriad of changes which are demanding to both novice and experienced principal. The study is based on the premise that there are challenges facing school principals within the current democratic milieu. The research study aimed at arriving at an exploration of the demands posed by democracy in schools. The study adopted a Qualitative approach based on an interpretivism paradigm. A lacuna of literature was reviewed to gain insight on the concept: democracy in education. The population of the study is school principals within the Rustenburg Area Project Office structured interviews were used to collect audio – taped data. The data was analysed and collapsed in categories which subsequently themes were indentified. The identified themes with literature reviewed were condensed into findings. The findings had a direct link to literature renewed in previous chapters. Recommendations and suggestions for further research finalised the study. Principals are facing challenges in their leadership roles within a democratic milieu. / MEd (Education Management), North-West University, Potchefstroom Campus, 2014

School principalship has evolved over the years. The dawn of democracy in South Africa has brought with it a myriad of changes which are demanding to both novice and experienced principal. The study is based on the premise that there are challenges facing school principals within the current democratic milieu. The research study aimed at arriving at an exploration of the demands posed by democracy in schools. The study adopted a Qualitative approach based on an interpretivism paradigm. A lacuna of literature was reviewed to gain insight on the concept: democracy in education. The population of the study is school principals within the Rustenburg Area Project Office structured interviews were used to collect audio – taped data. The data was analysed and collapsed in categories which subsequently themes were indentified. The identified themes with literature reviewed were condensed into findings. The findings had a direct link to literature renewed in previous chapters. Recommendations and suggestions for further research finalised the study. Principals are facing challenges in their leadership roles within a democratic milieu. / MEd (Education Management), North-West University, Potchefstroom Campus, 2014

The Republic of South Africa entered into a new constitutional dispensation in 1994. As part of this new constitutional dispensation, a new electoral system, i.e. the closed-list proportional representative electoral system, was adopted. This electoral system was accepted for elections on a national level of representatives for the National Assembly and has certain advantages and disadvantages. Some political scientists, political parties and opinion formers are of the opinion that this electoral system brings about poor contact between the representatives in the National Assembly (Parliament) and the voters. Critics are also of the opinion that party leaders obtain too much power within this electoral system, in that the parties appoint candidates to the candidate lists. In elections, voters vote for specific political parties and therefore do not have a choice with regard to who their representatives are. The result is that South Africa adheres to the representative aspect of democracy, but is lacking with regard to the accounting of representatives to voters. The legitimacy of Parliament is impaired by this defect. The aim of this study is to provide a critical analysis and investigate alternative frameworks of the South African electoral system and its functioning on a national level. In the analysis it is determined to what extent the South African electoral system meets the criteria set for an electoral system to ensure the legitimacy of Parliament, a sustainable representative democracy and an accountable government in the long term in the country. This analysis and evaluation was used to determine whether the existing closed-list proportional representative electoral system is the most suitable electoral system for South Africa and, if not, to identify and analyse an alternative electoral system for South Africa. The analysis entails a literature overview analysis of electoral systems. From the study it appears that modern democracies use a wide variety of different electoral systems. There is consensus that no single best electoral system exists which could be used by all countries, since every country has its distinctive circumstances and an electoral system’s functioning and outcomes are affected by it. In this study, twelve different electoral systems are identified with specific advantages and disadvantages. Criteria were set with which electoral systems had to comply in order to promote democracy and ensure the legitimacy of Parliament. These criteria require that electoral systems have to promote and ensure broad representation, accessible and meaningful elections, reconciliation, stable and effective government, accountability of government, accountability of representatives, promotion of political parties, opposition and oversight, sustainability of the electoral process, and international standards. The listed criteria were placed in order of priority according to those which are the most important in the current South African circumstances. In accordance with this, an evaluation model was drawn up which was quantified in order to calculate the extent to which every electoral system met the requirements and priority order. In determining the order of priority of the requirements in the criteria, the historical circumstances of South Africa, of discord, conflict, racial hatred, riots and suspicion between races, were taken into account. When applying the evaluation model to the twelve different electoral systems, it was found that the current closed-list proportional representative electoral system is the most suitable electoral system for South Africa and should be retained. In terms of the criticism of the current electoral system, the conclusion drawn is that electoral systems cannot ensure the measure of accountability of representatives. It is ensured by the internal rules and discipline of the political parties they represent. The contribution of electoral systems to the accountability of representatives is to ensure that voters have a choice between more than one candidate, or more than one political party at a following election. Furthermore, electoral systems also do not appoint candidates in an election; the respective political parties appoint them. In any appointment of candidates, the leadership and party bureaucracy will play a specific role, regardless of the type of electoral system. / Thesis (PhD (Political Studies))--North-West University, Potchefstroom Campus, 2013.

The Republic of South Africa entered into a new constitutional dispensation in 1994. As part of this new constitutional dispensation, a new electoral system, i.e. the closed-list proportional representative electoral system, was adopted. This electoral system was accepted for elections on a national level of representatives for the National Assembly and has certain advantages and disadvantages. Some political scientists, political parties and opinion formers are of the opinion that this electoral system brings about poor contact between the representatives in the National Assembly (Parliament) and the voters. Critics are also of the opinion that party leaders obtain too much power within this electoral system, in that the parties appoint candidates to the candidate lists. In elections, voters vote for specific political parties and therefore do not have a choice with regard to who their representatives are. The result is that South Africa adheres to the representative aspect of democracy, but is lacking with regard to the accounting of representatives to voters. The legitimacy of Parliament is impaired by this defect. The aim of this study is to provide a critical analysis and investigate alternative frameworks of the South African electoral system and its functioning on a national level. In the analysis it is determined to what extent the South African electoral system meets the criteria set for an electoral system to ensure the legitimacy of Parliament, a sustainable representative democracy and an accountable government in the long term in the country. This analysis and evaluation was used to determine whether the existing closed-list proportional representative electoral system is the most suitable electoral system for South Africa and, if not, to identify and analyse an alternative electoral system for South Africa. The analysis entails a literature overview analysis of electoral systems. From the study it appears that modern democracies use a wide variety of different electoral systems. There is consensus that no single best electoral system exists which could be used by all countries, since every country has its distinctive circumstances and an electoral system’s functioning and outcomes are affected by it. In this study, twelve different electoral systems are identified with specific advantages and disadvantages. Criteria were set with which electoral systems had to comply in order to promote democracy and ensure the legitimacy of Parliament. These criteria require that electoral systems have to promote and ensure broad representation, accessible and meaningful elections, reconciliation, stable and effective government, accountability of government, accountability of representatives, promotion of political parties, opposition and oversight, sustainability of the electoral process, and international standards. The listed criteria were placed in order of priority according to those which are the most important in the current South African circumstances. In accordance with this, an evaluation model was drawn up which was quantified in order to calculate the extent to which every electoral system met the requirements and priority order. In determining the order of priority of the requirements in the criteria, the historical circumstances of South Africa, of discord, conflict, racial hatred, riots and suspicion between races, were taken into account. When applying the evaluation model to the twelve different electoral systems, it was found that the current closed-list proportional representative electoral system is the most suitable electoral system for South Africa and should be retained. In terms of the criticism of the current electoral system, the conclusion drawn is that electoral systems cannot ensure the measure of accountability of representatives. It is ensured by the internal rules and discipline of the political parties they represent. The contribution of electoral systems to the accountability of representatives is to ensure that voters have a choice between more than one candidate, or more than one political party at a following election. Furthermore, electoral systems also do not appoint candidates in an election; the respective political parties appoint them. In any appointment of candidates, the leadership and party bureaucracy will play a specific role, regardless of the type of electoral system. / Thesis (PhD (Political Studies))--North-West University, Potchefstroom Campus, 2013.

Text in Afrikaans / Die doel met hierdie studie is om te bepaal of daar 'n verband is tussen die aktivering van die middelpuntsoekende en middelpuntvliedende kragte van nasionalisme enersyds en andersyds die tegnieke van demokrasie in die hedendaagse staat. In die ondersoek na so 'n verband, is die nasie beskou as 'n versameling individue wat in terme van 'n bepaalde identiteit assosieer ten einde 'n stel belange te realiseer. Belange wat uitgesonder word is: selfidentiteit, die noodsaaklikheid om met ander mense te kan assosieer, selfdeterminasie as 'n motiverende krag in menslike gedrag, en die persepsie dat die vermoe bestaan om belange te kan realiseer. Die spanning tussen die selfdeterminerende aard van die menslike natuur enersyds, en andersyds die onvermydelike groepkonteks van die mens, word in hierdie studie beklemtoon. Ten einde hierdie spanning te minimiseer, sal die individu die eise van die groep (in hierdie konteks die nasie), as sy eie internaliseer. Ten einde 'n selfdeterminerende individu midde in die nasie te bly, word die selfdeterminasie van die nasie belangrik. Selfdeterminasie word verder beskou, as 'n belangrike kenmerk van liberale demokrasie. Ongelukkig is die groepkonteks en die spanning tussen die belange van die individu enersyds en andersyds die eise van die samelewing weer eens onvermydelik. Verskeie tegnieke van demokrasie word evalueer in terme van hul sukses om die selfdeterminasie van die individu en die realisering van sy belange te verseker. Daar is bevind dat geen tegniek 'n waarborg in hierdie verband kan bied nie. In die studie is bevind dat negatiewe persepsies oor selfdeterminasie en belangerealisering in die algemeen, die middelpuntvliedende kragte in die staat kan aktiveer. Die verskillende tegnieke van demokrasie kan inderdaad die bron van negatiewe persepsies wees. Verder is bevind dat indien hierdie negatiewe persepsies saamval met etniese en/of regionale subidentiteite in die staat, hulle aanleiding kan gee tot rebelse nasionalisme. Die verskillende tegnieke van demokrasie verleen dikwels die meganismes waardeur hierdie subidentiteite georganiseer en gemobiliseer kan word. / The purpose of this study is to determine whether there is a relationship between the activation of the centripetal and the centrifugal powers of nationalism, on the one hand and on the other hand, the techniques of democracy in the contemporary state. In researching this relationship, the nation is regarded as a collection of individuals who associate in terms of a particular identity in order to realise a set of interests. Interests that are singled out in this study are: self-identity, the need to associate with fellow human beings, self-determination as a motivational force in human behaviour, and the perception of being able to realise particular interests. The tension between the self-determining nature of human beings, on the one hand and the inevitable group context of human beings, on the other hand, is stressed in this study. In order to minimize this tension, the individual will internalize the demands of the group (in this context the nation) as his own. Thus for the individual to remain a self-determining human being within the nation, the self-determination ofthe nation becomes important. It is further pointed out that self-determination of the individual is an important feature of liberal democracy. Unfortunately the group context and the tension between the interests of the individual on the one hand and the demands of society on the other hand, are also inevitable. Various techniques of democracy are evaluated in order to determine their success in safe-guarding the selfdetermination of the individual and the realization of his interests in general. It is pointed out that no technique can in fact provide a guarantee in this regard. In the study it was found that negative perceptions regarding self-determination and the realization of interests in general, may activate the centrifugal powers within the state. The various techniques of democracy may indeed be the source of these negative perceptions. It was furthermore found that when these negative perceptions coincide with ethnic and regional subidentities, they may give rise to rebellious nationalisms. The various techniques of democracy often provide the mechanisms through which these subidentities could be organized and mobilized. / Political Sciences / D.Litt. et Phil. (Staatsleer)

Text in Afrikaans / Die doel van hierdie ondersoek is om die verskil in effek tussen direktiewe en nie-direktiewe insette van die fasiliteerder, tydens sensitiwiteitopleiding, te bepaal deur sommige kliente voor te berei op die ervaring deur middel van 'n uitdeelstuk en ander kliente nie voor te berei nie. Die sensitiwiteitgroepe word deurgaans op ongestruktureerde wyse hanteer en met behulp van 'n kwantitatiewe meting en verwerking met t-toetse asook 'n kwalitatiewe meting word hipoteses getoets. Die instrumente wat gebruik word is die POI, Rotter, Firo-B en 'n oopvraag-tegniek. Die resultate dui daarop dat persone wat voorberei word op die ervaring 'n groter interne lokus van kontrole openbaar. / The aim of this study is to determine the difference in effect between directive and non-directive inputs by the facilitator during sensitivity training, by preparing some clients for the experience with the aid of a handout while other clients go through the same experience unprepared. The sensitivity groups are run on an unstructured basis and effects are measured with a quantatitive measurement and calculated with t-tests as well as qualitative. measurement, thereby testing the hypotheses. The instruments that are used are the POI, Rotter, Firo-B and an open question technique. The results seem to indicate that people who are prepared for the experience show a higher internal locus of control. / Industrial and Organisational Psychology / M.A. (Bedryfsielkunde)

Text in Afrikaans / Die doel met hierdie studie is om te bepaal of daar 'n verband is tussen die aktivering van die middelpuntsoekende en middelpuntvliedende kragte van nasionalisme enersyds en andersyds die tegnieke van demokrasie in die hedendaagse staat. In die ondersoek na so 'n verband, is die nasie beskou as 'n versameling individue wat in terme van 'n bepaalde identiteit assosieer ten einde 'n stel belange te realiseer. Belange wat uitgesonder word is: selfidentiteit, die noodsaaklikheid om met ander mense te kan assosieer, selfdeterminasie as 'n motiverende krag in menslike gedrag, en die persepsie dat die vermoe bestaan om belange te kan realiseer. Die spanning tussen die selfdeterminerende aard van die menslike natuur enersyds, en andersyds die onvermydelike groepkonteks van die mens, word in hierdie studie beklemtoon. Ten einde hierdie spanning te minimiseer, sal die individu die eise van die groep (in hierdie konteks die nasie), as sy eie internaliseer. Ten einde 'n selfdeterminerende individu midde in die nasie te bly, word die selfdeterminasie van die nasie belangrik. Selfdeterminasie word verder beskou, as 'n belangrike kenmerk van liberale demokrasie. Ongelukkig is die groepkonteks en die spanning tussen die belange van die individu enersyds en andersyds die eise van die samelewing weer eens onvermydelik. Verskeie tegnieke van demokrasie word evalueer in terme van hul sukses om die selfdeterminasie van die individu en die realisering van sy belange te verseker. Daar is bevind dat geen tegniek 'n waarborg in hierdie verband kan bied nie. In die studie is bevind dat negatiewe persepsies oor selfdeterminasie en belangerealisering in die algemeen, die middelpuntvliedende kragte in die staat kan aktiveer. Die verskillende tegnieke van demokrasie kan inderdaad die bron van negatiewe persepsies wees. Verder is bevind dat indien hierdie negatiewe persepsies saamval met etniese en/of regionale subidentiteite in die staat, hulle aanleiding kan gee tot rebelse nasionalisme. Die verskillende tegnieke van demokrasie verleen dikwels die meganismes waardeur hierdie subidentiteite georganiseer en gemobiliseer kan word. / The purpose of this study is to determine whether there is a relationship between the activation of the centripetal and the centrifugal powers of nationalism, on the one hand and on the other hand, the techniques of democracy in the contemporary state. In researching this relationship, the nation is regarded as a collection of individuals who associate in terms of a particular identity in order to realise a set of interests. Interests that are singled out in this study are: self-identity, the need to associate with fellow human beings, self-determination as a motivational force in human behaviour, and the perception of being able to realise particular interests. The tension between the self-determining nature of human beings, on the one hand and the inevitable group context of human beings, on the other hand, is stressed in this study. In order to minimize this tension, the individual will internalize the demands of the group (in this context the nation) as his own. Thus for the individual to remain a self-determining human being within the nation, the self-determination ofthe nation becomes important. It is further pointed out that self-determination of the individual is an important feature of liberal democracy. Unfortunately the group context and the tension between the interests of the individual on the one hand and the demands of society on the other hand, are also inevitable. Various techniques of democracy are evaluated in order to determine their success in safe-guarding the selfdetermination of the individual and the realization of his interests in general. It is pointed out that no technique can in fact provide a guarantee in this regard. In the study it was found that negative perceptions regarding self-determination and the realization of interests in general, may activate the centrifugal powers within the state. The various techniques of democracy may indeed be the source of these negative perceptions. It was furthermore found that when these negative perceptions coincide with ethnic and regional subidentities, they may give rise to rebellious nationalisms. The various techniques of democracy often provide the mechanisms through which these subidentities could be organized and mobilized. / Political Sciences / D.Litt. et Phil. (Staatsleer)