Thesis (M.Ed) Stellenbosch University, 1938. / Bibliography / VOORWOORD: In hierdie verhandleing het ek my dit ten doel gestel om die Geskiedenis van die Opvoeding van Meisies in Suid-Afrika te probeer weer. Daar egter die Kaapprovinsie die voorbeeld vir die opvoeding van meisies in Suid-Afrika gestel het, het ek my alleen tot genoemde provinsie bepaal. Die tydperk in die verhandeling omvat strek van ongeveer 1800 tot 1910, omdat in 1804 vir die eerste keer in die Geskiedenis van Suid-Afrika spesiale voorsiening vir die opvoeding van meisies gemaak is. Om die rede het ek my hoofsaaklik bepaal by die wer van Ds. A. Murry en die N. G. Kerk omdat ons e.g. as die baanbreker van gevorderde onderwys vir meisies kan beskou.

Thesis (MPhil)--University of Stellenbosch, 2011. / ENGLISH ABSTRACT: South Africa consists of a vast, culturally diverse population, entrenched in customary tribal influences which are essentially based on stringent patriarchal directives. These spilt over into other societal spheres, one of which is the media, which is part of an existing male hegemonic society. The rationale for this study is essentially to determine the role played by the media in their representation of women, before and shortly after the liberation of South Africa. This study will establish whether the voices of women were represented, or not, in the media, in the period shortly after the unbanning of the African National Congress (ANC) and affiliated organisations in 1990. By interviewing and recording the oral histories of a few female ANC Umkhonto we Sizwe (MK) soldiers, the need is evident to, through this oral tradition process, give a voice to these voiceless women. The theoretical foundations for this study is firstly based on “womanism”. Womanism was born from the shortcomings of feminism (a largely Western concept) that was unable to address the issues unique to the situation of black women. A second theoretical point of departure is the Social Responsibility Theory, a media theory that could, based on research done for this study, play a profound role to the benefit of women. The methodological investigation is based on a mixed method research approach where Content Analysis (CA) and Grounded Theory (GT) are triangulated with the literature review. The GT processes gave a voice to some unknown female MK soldiers by conducting interviews based on in-depth interview questions. The CA process led to the conclusion that the voices of women who contributed to the struggle were largely ignored by the media. The researcher found that given the contributions and sacrifices women have made in democratising South Africa, acknowledgement of these efforts are sorely lacking, especially in the media. This study therefore seeks to contribute to the lost and repressed voices of women, and to redress a history of omission to a history of commission. / AFRIKAANSE OPSOMMING: Suid-Afrika beskik oor 'n kultureel diverse bevolking met tradisionele stam-invloede wat essensieel gebaseer is op streng patriargale riglyne. Dit het oorgespoel na ander sosiale kontekste, waarvan een die media is, en wat deel uitmaak van 'n bestaande manlike hegemoniese gemeenskap. Die rasionaal vir hierdie studie was om vas te stel watter rol die media gespeel het in die representasie van vroue kort ná die eerste stappe tot 'n bevryde Suid-Afrika. Hierdie studie wou vasstel of die stemme van vroue verteenwoordig was, of nie, in die media, in die tydperk kort ná die ontbanning van die African National Congress (ANC) en ander geaffilieerde organisasies in 1990. Die veronderstelling is dat vrouestemme nie in die media waarneembaar was nie, en dat die situasie teengewerk kan word deur die toepassing van mondelinge geskiedenis. In hierdie geval is die verhale van 'n paar vroulike Umkhonto we Sizwe (MK)-soldate geboekstaaf om sodoende deur die mondelinge geskiedenistradisie 'n stem te gee aan stemlose vroue. Die teoretiese grondslag vir hierdie studie is eerstens gebaseer op “Womanism”. Dié teorie het ontstaan weens die tekortkominge van Feminisme (grootliks ‟n Westerse konsep), wat nie in staat was om die kwessies wat uniek is aan die situasie van swart vroue aan te spreek nie. 'n Tweede teoretiese vertrekpunt is die Sosiale Verantwoordelikheidsteorie. Gebaseer op die navorsing vir hierdie studie, kan dit 'n groter rol in die media in die belang van vroue speel. Die metodologie is gebaseer op 'n gemengde metode-navorsingsbenadering waar Inhoudsanalise en Grounded Theory (GT) trianguleer met die literatuurstudie. Die GT-proses gee 'n stem aan 'n paar onbekende vroulike MK-soldate deur onderhoudvoering wat op in-diepte onderhoudvrae gebaseer is. Die inhoudsanalise proses het bevind dat vroue wat bygedra het tot die Vryheidstryd grootliks deur die media geïgnoreer is. Gegewe die bydraes en opofferings wat vroue gemaak het in die demokratisering van Suid-Afrika, ontbreek erkenning van hul pogings in ons geskiedskrywing, en beslis so in die media. Hierdie studie was 'n poging om by te dra tot die omkeer van hierdie situasie, naamlik om 'n “geskiedenis van uitsluiting” te herstel na 'n “geskiedenis van insluiting”.

This thesis deals with the conceptualization of access to land by the dispossessed as a human right and commences with an account of the struggle for land between the peoples of African and European extractions in South Africa. It is observed that the latter assumed sovereignty over the ancestral lands of the former. The thesis discusses the theoretical foundation of the study and situates the topic within its conceptual parameters. The writer examines the notions of justice and equity in the context of the post apartheid constitutional mandate to redress the skewed policy of the past. It is argued that the dispossession of Africans from lands that they had possessed for thousands of years on the assumption that the land was terra nullius was profoundly iniquitous and unjust. Although the study is technically limited to dispossessions occurring on or after the 13th June 1913, it covers a fairly extensive account of dispossession predating this date. This historical analysis is imperative for two reasons. Besides supporting the writer’s contention that the limitation of restitution to land dispossessed on or after 1913 was arbitrary, it also highlights both the material and non-material cost of the devastating wars of dispossessions. The candidate comments extensively on the post apartheid constitutional property structure which was conceived as a redress to the imbalance created by dispossession. This underlying objective explains why the state’s present land policy is geared towards facilitating access to land for the landless. The thesis investigates the extent to which the present property structure which defines access to land as a human right has succeeded in achieving the stated objective. It reviews the strengths and weaknesses of the land restitution process as well as the question of the payment of just and equitable compensation for land expropriated for restitution. The latter was carefully examined because it plays a crucial role in the success or otherwise of the restitution scheme. The writer argues that the courts have, on occasions, construed just and equitable compensation generously. This approach has failed to reflect the moral component inherent in the Aristotelian corrective justice. This, in the context of South Africa, requires compensation to reflect the fact that what is being paid for is land dispossessed from the forebears of indigenous inhabitants. It seems obvious that the scales of justice are tilted heavily in favour of the propertied class whose ancestors were responsible for this dispossession. This has a ripple effect on the pace of the restitution process. It also seems to have the effect of favouring the property class at the expense of the entire restitution process. The candidate also comments on the court’s differing approaches to the interpretation of the constitutional property clause. The candidate contends that the construction of the property clause and related pieces of legislation in a manner that stresses the maintenance of a balance between private property interest and land reform is flawed. This contention is supported by the fact that these values do not have proportional worth in the present property context of South Africa. The narrow definition of “past racially discriminatory law and practices” and labour tenant as used in the relevant post apartheid land reform laws is criticized for the same reason of its uncontextual approach. A comparative appraisal of similar developments relating to property law in other societies like India and Zimbabwe has been done. The writer has treated the post reform land evictions as a form of dispossession. The candidate notes that the country should guard against allowing the disastrous developments in Zimbabwe to influence events in the country and calls for an amendment of the property clause of the constitution in response to the practical difficulties which a decade of the operation of the current constitution has revealed.

This dissertation will explore the revolutionary progression in the provision of monetary damages and the availability thereof due to the change in South Africa’s legal system from Parliamentary sovereignty to Constitutional supremacy after the enactment of the final Constitution in 19961. The Constitution of South Africa brought with it the concepts of justification and accountability as the Bill of Rights enshrines fundamental rights and the remedies for the infringement of same. The available remedies for the infringement of a fundamental right flow from two sources, being either from the development of the common law remedies in line with the Bill of Rights or alternatively from Section 38 of the Constitution, which provides for a remedy which provides ‘appropriate’ relief. The question that will be raised in this dissertation is, ‘does appropriate relief include an award of delictual damages?’ or a question related thereto ‘is an award of monetary damages an appropriate remedy?’ The motivation for this dissertation arises from the plethora of case law, especially in the Eastern Cape, that has come to the fore in the last sixteen years, highlighting the injustice of cancellations of social assistance grants and the non-payment of such in South Africa’s social security system, as well as the precedent that was set by our Constitutional Court and Supreme Court in remedying that injustice. The central case to this dissertation is that of Kate v Member of Executive Council for Department of Welfare, Eastern Cape 2005 1 SA 141 SECLD; Member of Executive Council, Department of Welfare, Eastern Cape v Kate 2006 (4) SA 478 (SCA), which is generally regarded as having paved the way for the granting of monetary damages for the infringement of an individual’s constitutional right as same require legal protection. Firstly the past approach to damages will be explored in relation to South Africa’s common law, being the Roman-Dutch law. The common law Aquilian action is the focal point of this dissertation in relation to the common law in that the granting of damages for the infringement of an individual’s social assistance right (being a specific constitutional right framed within the 1996 Constitution) results in pure patrimonial loss which in our common law system was remedied by the actio legis Aquilae. In delict, an award of damages is the primary remedy, aimed at affording compensation in respect of the legal right or interest infringed. After the common law system of damages has been explored, this dissertation will then examine the changes that have developed therefrom, and largely shaped by the current state of disorganization in the National Department of Welfare coupled with the all encompassing power of the final Constitution. The final Constitution provides the power, in section 38 of the 1996 Constitution, for the court to award a monetary remedy for the breach of a constitutional right. The question, however, is “does the award of monetary damages not merely throw money at the problem, whereas the purpose of a constitutional remedy is to vindicate guaranteed rights and prevent or deter future violations?” The battle for domination between the common law approach and the constitutional approach to damages is witnessed as the two systems eventually amalgamate to form an essentially new remedy, unique to South Africa. South Africa’s new system is aligned with the Constitution as the Constitution is the supreme law of the land and underpins the awarding of all damages and, especially, the awarding of constitutional damages. For the sake of completeness, alternatives to monetary damages will also be canvassed in this dissertation. It is hoped that the reader will, in the end, realize that the final Constitution is the supreme law of the land and as such dictates the manner and form in which damages are provided. If such provision is not in alignment with the Constitution, it will be declared invalid. The flexibility of our common law is put to the test, yet it is found to be adaptable to the ever-developing boni mores of society exemplified in the embracing constitutional principles and the production of this new remedy. The courts develop the common law under section 39(2) of the Constitution in order to keep the common law in step with the evolution of our society and the ever changing nature of bonos mores. / National Research Foundation

MA (Xitsonga) / Ehansi Ka Senthara ya M. E. R. Mathivha ya Tindzimi ta Afrika, Vutshila na Ndhavuko / Eka ndzavisiso lowu hi kanela hi switandzhaku swa globalization eka ririmi ra Vatsonga. Ku tlhela ku langutisiwa swivangelo leswi sivelaka ku hluvuka ka ririmi, hikokwalaho ka globalization. Ku langutisiwa swivangelo swa ku lahleka ka ndhavuko wa Vatsonga na tindlela leti nga tirhisiwaka ku kucetela Vatsonga leswaku va nga tshiki ndhavuko wa vona wu nyamalala. Ndzavisiso wu kongomisiwa eka maambalelo ni mahanyelo ma vantshwa, swakudya, matshungulelo, tidyondzo, matirhiselo ma nawu wa le hubyeni na matshamelo ma ndyangu. Hi tlhela hi valanga tindlela leti nga tirhisiwaka ku tlakusa ririmi ra Xitsonga leswaku ri nga ha tekeriwi ehansi. Eka ndzavisiso lowu hi tirhisa maendlelo ma nxopaxopo wa vundzeni bya hungu kumbe ku kuma vuxokoxoko bya ndzavisiso, leswi vuriwaka “qualitative research”. Ku tlhela ku tirhisiwa maendlelo mo hlengeleta mahungu (data collection) ku suka eka matsalwa mo fana na tiatikili, maphephahungu, xiyanimoya, tijenali na thelevhixini. Hi tlhela hi tirhisa maendlelo ma nhlokohliso wa swivutiso. Ku hlawuriwile vahlokosiwa va ntlhanu ku suka eka muganga wa ka Shihambanyisi lava nga ni vutivi hi tlhelo ra nhlokomhaka leyi ku endliwaka vulavisisi hi yona. Ku tirhisiwa thiyori ya mfuwo, thiyori ya matimu na thiyori ya nxopaxopo wa mbulavulo. / NRF

The main aim of this study is to investigate the relationship between landscape, memory and heritage. It aims to establish that landscape is not only an inseparable part of the intangible process of memory, but also the formation and perpetuation of cultural and individual identity. The composition of heritage, including the sociocultural and biophysical, is therefore a complex result of varying interactions between memory and landscape, as perceived by the living custodians. The intangible values of meaning, memory, lived experience and attachment, in relation to people's connection to locality and landscape, are traced back to the tangible fabric of place. Through means of qualitative and quantitative anthropological fieldwork methods and an extensive literature review, the sociocultural profile of the Mpondo is briefly documented. The subsequent case study explored a site in the Eastern Cape on Ngquza Hill, where the oral traditions and memories connected to the site are mapped. These elements were accessed through employing the theories of mnemotechnics. / Anthropology and Archaeology / M.A. (Anthropology)

The main aim of this study is to investigate the relationship between landscape, memory and heritage. It aims to establish that landscape is not only an inseparable part of the intangible process of memory, but also the formation and perpetuation of cultural and individual identity. The composition of heritage, including the sociocultural and biophysical, is therefore a complex result of varying interactions between memory and landscape, as perceived by the living custodians. The intangible values of meaning, memory, lived experience and attachment, in relation to people's connection to locality and landscape, are traced back to the tangible fabric of place. Through means of qualitative and quantitative anthropological fieldwork methods and an extensive literature review, the sociocultural profile of the Mpondo is briefly documented. The subsequent case study explored a site in the Eastern Cape on Ngquza Hill, where the oral traditions and memories connected to the site are mapped. These elements were accessed through employing the theories of mnemotechnics. / Anthropology and Archaeology / M.A. (Anthropology)

Text in Afrikaans / This study investigates postcolonial aspects of the prose oeuvre of André P. Brink, with specific reference to his historiographical texts `n Oomblik in die wind, Houd-den-Bek, Die eerste lewe van Adamastor, Inteendeel, Sandkastele and Donkermaan. The texts can be described as links in a textual history of South Africa: a history corresponding to the official version, revisioning it in an imaginative way. The texts also criticize political (mal)practices, and the pre-colonial, colonial and postcolonial social contexts of the country are critically scrutinized. The texts offer suggestions for a new political dispensation. Since the seventies the Brink oeuvre has developed a multi-dimensional postcolonial approach. Aspects of post-colonialism, post-structuralism, magical realism and feminism as articulated in the texts, are analyzed and interpreted. Brink's investigation of problems concerning historiography, and the relation between history and fiction, comprised an important aspect of the research leading to this report. / Afrikaans & Theory of Literature / D.Litt. et Phil

The objective of this thesis is to assess the impact and influence of South Africa's Constitutional Court in the first two years of our democracy. To achieve this objective, some of the definitive and controversial cases already decided by the Court have been selected and analysed in an attempt to glean some jurisprudential perspectives of the Court. It focuses on the work of the Court over the past two years. It deals with the evolution of South Africa into a democracy, and analyzes the South African legal system prior to the beginning of the process of transformation. It briefly surveys the evolution of our constitutional system, dating back from the pre-1910 colonial period and provides a broad outline of the legal system in the post-April 1994 period of transformation. It analyzes the Court from the point of view of, inter alia, its composition, jurisdiction and powers. The Court is also contrasted with courts in other jurisdictions which exercise full judicial review. The Court's emerging jurisprudence is examined. A review is made, inter alia, of the Court's understanding of, and approach to, the questions of the values underpinning the post-apartheid society and its constitutional system, and constitutional interpretation. The right against self-incrimination and South African company law and the two relevant Constitutional Court cases are discussed. The collection of evidence by the State and the constitutionality of provisions relating to search and seizure and the taking of fingerprints are looked into. The Court's approach to statutory presumptions and criminal prosecutions; some aspects of our appeals procedures; an accused's right to be assisted by a lawyer at state expense; the question of a fair trial and access to information; capital punishment; corporal punishment; committal to prison for debt; and the certification of constitutions is analyzed. Two of the cases in which the provinces clashed with the national government on the distribution of posers between provinces and the national government are discussed. The conclusion is that the Court has, overall, hitherto acquitted itself well in the handling of particularly the controversial quasi-political questions that arose in the cases it has decided. / Constitutional, International & Indigenous Law / L.L. D. (Law)

Summaries and keywords in Afrikaans and English / Hierdie histories-argeologiese studie bied ‘n basiese beskrywing van die materiële kultuur van ‘n afgeleë Suider-Afrikaanse plaas wat tussen die 1880’s en die 1930’s bewoon is. Die studie berus op ‘n gedetailleerde ontleding van die opgegraafde vondste wat herwin is van ashope wat met drie wooneenhede op die plaas Welkomskraal, geleë in die distrik Venterstad in die Noordoos-Kaap, verbind word. Die artefakte is aan die hand van die naslaanversameling in die Bloemfonteinse Nasionale Museum en handelsadvertensies geïdentifiseer. Die materiële kultuur dek die volle spektrum van die alledaagse lewe van die plaasbewoners en word aangevul deur genealogiese data, wat aantoon dat die grondeienaars die nasate was van die eerste trekboere wat hulle in die gebied gevestig het. Die bewoningsperiode van Welkomskraal val saam met die tweede industriële revolusie, wat gekenmerk is deur die massaproduksie van goedere en ‘n toenemend globale handelsnetwerk. Die versameling lewer bewys dat boere in die verre binneland toegang tot ‘n wye reeks ingevoerde produkte gehad het, hoewel hulle nie noodwendig welvarend was nie. / This historical archaeological study provides a baseline description of the material culture of a remote southern African farm occupied between the 1880s and the 1930s. The study is based on a detailed analysis of the excavated finds recovered from middens associated with three homesteads, located on the farm Welkomskraal, in the Venterstad district of the north-eastern Cape. Artefacts were identified using the reference collection of the National Museum in Bloemfontein and commercial adverts. The material culture covers the full spectrum of the daily lives of the farm’s occupants and is complemented by genealogical data, which indicate that the landowners were the descendants of the first trekboers who settled in the area. The occupation of Welkomskraal coincided with the second industrial revolution, which was characterised by mass production of goods and an increasingly global trade network. The assemblage attests that farmers in the deep interior had access to a wide range of imported goods although they were not necessarily prosperous. / Anthropology & Archaeology / M.A. (Argeologie)