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The internal dynamics of rebel groups : politics of material viability and organisational capacity in the RUF of Sierra LeoneMarks, Zoe E. Z. January 2013 (has links)
This thesis examines the internal dynamics of the Revolutionary United Front of Sierra Leone over the course of the civil war waged from 1991-2002. It does so in two parts, looking first at the RUF’s organizational capacity—its ability to emerge and survive as a group; and second, at its material viability—the logistics and procurement of food, weapons, and other resources required to sustain war. The RUF has become a paradigmatic case for the study of war and rebel groups in Africa. Although much has been written on the group and its violence, comparatively little is known about the inner-workings of the organization and how a largely forcibly recruited group of ill-equipped thousands managed to pose a viable threat to the state for over a decade. Through a fine-grained, case-based analysis, this study applies research on the microdynamics of violence in civil war to the structural and logistical mechanics that underpin it. Doing so contextualizes debates about resource wars, collective violence, and mobilization and onset within the RUF’s own strategies for controlling these aspects of war- making. New primary material, including rebel archive documents, describes the extensive military and civilian governance structures through which order and cohesion were established and enforced. Tracking the success and failure of these mechanisms helps explain the disconnect between rebel rhetoric and behaviour. A detailed examination of the RUF’s material capacity applies this organizational analysis to the group’s strategic priorities for survival. It reorients the resource war debate toward what actually fuels fighting on the ground. Food has long been overlooked as the primary requirement for group survival, and ammunition the basic element of military viability. These ‘low politics’ of survival explain the nature of the war and underscore the importance of shifting factors, such as territorial control, in shaping rebel behaviour. Finally, the ‘high politics’ of international arms trades and global diamond markets illumine changes in the RUF’s firepower and personalization of power, returning to the organizational failings that ultimately led to the group’s dissolution.
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Access to land as a human right the payment of just and equitable compensation for dispossessed land in South AfricaYanou, Michael A January 2005 (has links)
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.
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Constitutional damages for the infringement of a social assistance right in South Africa are monetary damages in the form of interest a just and equitable remedy for breach of a social assistance rightBatchelor, Bronwyn Le Ann January 2011 (has links)
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
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[pt] KUZUMBUCA: PANELAS SEM TAMPAS: TERRITORIALIDADES, EXPERIÊNCIAS SOCIAIS E TROCAS CULTURAIS DO CONSUMO ALIMENTAR EM LUANDA (1949-1973) / [en] KUZUMBUCA: PANS WITHOUT LIDS: TERRITORIALITIES, FOOD CONSUMING SOCIAL AND CULTURAL EXCHANGES IN LUANDA (1949-1973)22 November 2021 (has links)
[pt] Com a internacionalização da economia a partir dos anos 1950, década em que se conformava um padrão alimentar global, os africanos passaram a ser integrados no mercado de trabalho assalariado urbano. Por conseguinte, eram vistos como agentes econômicos sujeitos a novos hábitos de consumo e inseridos nas estratégias de enquadramento social, estas, ajustáveis a uma classificação colonial que se espelhava espacialmente, demarcando as linhas de uma territorialidade. Ao defendermos o consumo alimentar como expressão dinâmica de um vivido territorial, esta Tese tem como objetivo central apresentar de que forma os habitantes da cidade de Luanda reconstruíram cotidianamente as suas formas de ser, estar e comer em uma experiência social ambígua, porque entrecortada por fluxos múltiplos. Para tal, alicerçados em um referencial teórico-metodológico que se inscreve na geografia, antropologia e história social, cotejamos informações apresentadas em diferentes tipologias de fontes, incluindo-se periódicos, documentos médico-nutricionais e investigações sócio-antropológicas elaborados pelas autoridades coloniais. Ao apostarmos na metodologia da História Oral nos baseamos, também, em entrevistas realizadas com angolanos que experimentaram a vivência na Luanda daquele tempo. Os resultados da análise nos permitiram perceber como a população da cidade, apesar dos diferentes fatores de contingência social, teceram os fios de sustentação para a garantia de seus desejos alimentares e como, em diferentes campos, a agência feminina era um imprescindível sustentáculo. No movimento conflituoso de negociação para a realização desses desejos, pudemos notar a relevância das estratégias cotidianas fundamentadas em conhecimentos técnicos engendrados localmente, dentro das quais se tornou fulcral a interface com a materialidade dos alimentos para o dinâmico atar e desatar das redes comerciais e relações sociais tecidas, em especial pelas mulheres africanas, mas também por uma multiplicidade de agentes que buscavam fabricar uma cidade e fazer dela o seu território. / [en] As a result, to the internationalization of the economy started in the 1950s, decade in which a global food ingestion pattern was established, Africans began to be a part of the urban labor market. They became economic agents subject tonew consuming habits as well as to the strategic social frameworks adjustable to the colonial classification, therefore establishing territorial lines. This thesis, as we support the idea of food consumption as a dynamical expression of a given territorial experience, focuses on the presentation of how Luanda s inhabitants rebuilt daily their ways of eating and being as an ambiguous social experience due to the multiple fluxes that cross it. To accomplish our goal, we anchored our work in theorical, and methodological references derived from Geography, Anthropology and Social History. Furthermore, we analyzed information from different sources, journals, nutrition and medical documents, social-anthropological investigations carried by colonial authorities. Our work was also based on Oral History methodology through recorded interviews given by Angolans who lived in Luanda at that time. The results of this analysis allowed us to perceive how de population of the city, despite the different social contingency factors, weaved threads to support and guarantee their desires concerning food. We were also able to realize the precious role played by women to sustain that network. The conflicting movement to meet those desires showed us the importance of daily strategies founded on the knowledge of their local technical resources. Those strategies were crucial for the dynamic of weaving and unweaving commercial and social relations established around food products. Especially in what concerns the role of women, but also to other multiple agents that were in search to build a city where they could also create their own territory.
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Nxopaxopo wa switandzhaku swa " globalisation" eka ririmi ra XitsongaBaloyi, Nkhensani Molina 18 May 2019 (has links)
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
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Memory, landscape and heritage at Ngquza Hill : an anthropological studyMuller, Liana 03 1900 (has links)
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)
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Memory, landscape and heritage at Ngquza Hill : an anthropological studyMuller, Liana 03 1900 (has links)
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)
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Postkoloniale perspektiewe in enkele romans van André P. BrinkBothma, Mathilda Cecilia 30 November 2004 (has links)
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
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The impact and influence of the constitutional court in the formative years of democracy in South AfricaMaduna, Penuell Mpapa 06 1900 (has links)
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)
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'n Histories-argeologiese studie van die Plaas Welkomskraal, Distrik Venterstad, Noordoos-KaapCoetzee, Gertruida Catharina Johanna 17 March 2014 (has links)
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)
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