Thesis (MPhil (Political Science))--Stellenbosch University, 2008. / For a long time, conflict studies have focussed on the grand national projects of negotiating peace, concluded by the major actors in the country, like political parties, as well as international mediating actors like the UN. This view on solving conflict as a set top-down process were in recent years challenged by new theories on how to solve conflict. The conflict settlement theory had to make ideological and practical space for others like conflict resolution and conflict transformation, in the broader arena of conflict management. In the last 3 decades, conflict transformation has grown into a formidable tool in explaining conflict and moves toward peace-building. The fact that so many countries had collapsed back into civil war after their settlements, surely has something to say about the lack of longevity of some countries’ conflict settlement or conflict resolution approaches. This is why conflict transformation is such an attractive approach, especially in the case of South Africa. The political settlement of the early 1990s, that lead to an official peace, were also backed up by policies and programs to deal with the underlying causes and grievances that caused the conflict. The TRC was one aspect on post-1994 peace-building and enduring conflict transformation. The importance of the TRC as a transformative vehicle has been highlighted by the fact that so many institutions and individuals have made work of it to study the impact of the TRC on social transformation in the post-war era. Although many surveys indicate that South Africans have come to deal with the past to varying degrees and are seeing the various groups in the country as intertwined with the future of the country, there are still many worrying aspects that have to be addressed: interracial understanding and trust, and tolerance for one’s former enemies. The TRC has done much to build bridges between the formerly segregated groups of South Africa and the aim of this paper is to shed some light on these changes in attitudes.

This study generally centres on the debate about the impact of privatisation on socio-economic rights and services. The specific objective of the study is to establish whether the privatisation of water services in South Africa has led to denial of access, either through the lack of availability of a commercialised, cost-recovery service, or denial of access because of hight rates and resultant inability to pay. The study analysed how this has impacted on the states constitutional and international human rights obligation and how the resultant problems can be addressed. It examines whether or not privatisation, which is basically aimed at improving service delivery and bringing countries in line with globalisation principles, has actually achieved that objective.

The adoption of the 1996 Constitution in recognition of the historic imbalances that South Africa inherited from its past, affirms the commitment to the promotion of human rights including the right to equality. The emphasis on the right to equality in the Constitution and other related laws discussed in the study represents a guarantee for both men and women the right to equal treatment and benefit of the law. The point of departure is based on the premise that views the law as an instrument that has the potential to effect social change. The primary purpose is to determine various factors that are an impediment to the significance of the law for the promotion of the right to gender equality. The objective is to establish with sufficient certainty the substantive conception of the right to gender equality in post-apartheid South Africa. This dissertation examines and provides a brief overview of the development and the intersection of the principles of non-discrimination at the international and regional spheres and their influence in broadening the scope for enforcement of gender equality in South Africa. It provides a literature review and an analysis of the equality jurisprudence of South Africa’s Constitutional Court and its influence to the lowest structures of the judiciary in promoting the right to gender equality. This undertaking is reinforced by the primary purpose in this study of examining various factors that are an impediment to the promotion of the right to gender equality. It discovers that the establishment of a “just society” is difficult where the significance of the law is affected by the lack of legal knowledge and other related factors identified in the study. It establishes that the promotion of the right to gender equality is a gradual process that should not be undertaken overnight but on a continuous basis. It can be drawn from the findings in this study that the law “alone” is limited in its application in addressing socio-legal problems. Despite the limitation, the use of law is not a goal that should be discarded as it lays the framework for the determination of the significance of legal measures for social change.

This study critically analyses the protection and enforcement of inmates’ socio-economic rights in South Africa. For the purpose of this study inmates’ socio-economic rights include the right to adequate medical treatment, accommodation, nutrition and education. This analysis is informed by the fact that South African courts are struggling to interpret and enforce inmates’ socio-economic rights as required by the Constitution and international norms and standards. The objective of this study, therefore, is whether South Africa protects and enforces these rights as required by the Constitution and international norms and standards. In an attempt to resolve the problem, the methodology of this study relies on a legal methodology which focuses on a review of law books, journal articles, the constitutions, statutes, regulations and case law. The study concludes that South Africa protects and enforces these rights as required by the Constitution and complies with international norms and standards. However, the enforcement of these rights has to pay attention to the constitutional imperatives of interpreting the Bill of Rights. When interpreting inmates’ right to adequate medical treatment, it is imperative for the courts to unpack its content. The courts need to also promote the value of human dignity when determining whether overcrowding violates their right to adequate accommodation. The determination of whether their right to adequate nutrition has been violated should focus on whether inmates’ claim to cultural food is based on a sincere belief which could be objectively supported. Further, the Regulations should extend the right to cultural or religious food to all inmates. Lastly, it is the duty of the courts and the institutions of higher learning to ensure that inmates have access to the internet for study purpose. / Public, Constitutional, and International Law / LL. D.

A research report submitted to the Faculty of Arts, University of the Witwatersrand, Johannesburg, in partial fulfillment of the requirements for the degree of Master of Arts (History) February 2013 / This study examines the gendered histories of two black women who both narrated their personal testimonies in self-authored narrations for public consumption, and who both testified at the South African Truth and Reconciliation Commission (TRC). It situates the politics of subjectivity, memory and historical consciousness within the social constructivist and hermeneutical theoretical frameworks of Butler and Ricoeur respectively; and through a generative process, working with their TRC testimonies and subsequent oral interviews, it examines self-narrativity, subject formation and the formation of female selfhood in the formation of gendered historical consciousness

This study was a user oriented evaluation of the South African Non-government Organizations Network (SANGONeT), a regional electronic information and communication network for development and human rights workers. SANGONeT emphasizes the need for integrating a variety of information related tasks through the use of information and communication technologies (lCT). Its mission is to facilitate the effective and empowering use of ICTs by development and social justice actors in Southern Africa. While SANGONeT is one of the oldest networks for development and human rights sectors in South Africa, no other evaluations of this particular network, from the users' perspective could be traced. The study sought to determine SANGONeT's intended users' perceptions of the network, in terms of their level of awareness and, utilization, accessibility, relevance of the network and its level of facilitation in networking. SANGONeT was evaluated using effectiveness indicators. The respondents were the development and human rights organizations in K waZulu-Natal which subscribed to SANGONeT, or those which use certain services provided by the network as well as those which do not use the network but which are potential users. The SANGONeT subscribers formed only a small proportion of the population. They were all included in the study. A number of potential subscribers who were nonsubscribers were added. According to the findings, the subscribers were satisfied with the services that SANGONeT provides and they do see it as a networking facilitator. The nonsubscribers and the nonusers were not aware of the network's existence or the services it provides. Underutilisation does not result from the problems of accessibility and relevance. Lack of awareness emerged as the main reason for the underutilisation of SANGONeT in KwaZulu-Natal. Based on the findings of the study, recommendations are made for SANGONeT as well as suggestions for further study. / Thesis (M.I.S.)-University of Natal, Pietermaritzburg, 2001.

This dissertation explores the construction of ordinariness in the accounts of perpetrators of gross human rights violations, who commit their actions in the context of a system. A review of the literature that conceived of perpetrators in this way was undertaken. This was done whilst exploring the social constructionist paradigm, which formed the theoretical backbone to the study. Discourse analysis was the methodology adopted for the two analyses that were undertaken in the thesis. The first was the analysis of the literature review, which was undertaken in order to see how ordinariness was constructed in the literature. The second analysis was that of the transcript of the Truth and Reconciliation Commission (TRC) Amnesty hearing of the applicant Daniel Petrus Siebert, into the death of Steve Biko. The analyses indicate that there is much similiarity in the ways in which ordinariness is constructed in the local context, and the ways in which it is constructed in the literature. Ordinariness in the context of gross human rights violations is produced through constructions of the perpetrator and the system within which the acts were committed, as passive and active respectively. The construction of the system as the epitome of the evil that is perpetrated enables the humanity or ordinariness of the perpetrator to be kept intact. Ordinariness in the South African context, is based on racist constructions of good whiteness, and bad blackness. Further, in the local political context, the TRC provides the conditions of possibility for the production of ordinariness, and ensures that perpetrators and others who benefited during the apartheid regime, continue to do so, as issues of accountability and responsibility are not adequately addressed. / Thesis (M.A.)-University of Natal, Pietermaritzburg, 2000.

This study generally centres on the debate about the impact of privatisation on socio-economic rights and services. The specific objective of the study is to establish whether the privatisation of water services in South Africa has led to denial of access, either through the lack of availability of a commercialised, cost-recovery service, or denial of access because of hight rates and resultant inability to pay. The study analysed how this has impacted on the states constitutional and international human rights obligation and how the resultant problems can be addressed. It examines whether or not privatisation, which is basically aimed at improving service delivery and bringing countries in line with globalisation principles, has actually achieved that objective.

Globally, the justice system has set up courts to respond to complaints of a criminal and civil nature. Courts also respond to complaints which require swift relief by way of shortened procedures, in the form of motion proceedings. In all these complaints, courts have to respond in a manner that leaves litigants with a feeling of satisfaction that justice has been done. To the end of ensuring that there is legal certainty, justice systems in all jurisdictions have established a hierarchy of courts, with lower courts being bound by the decisions of higher courts in their jurisdiction. There has been no problem in the application of this principle called stare decisis, or judicial precedent, in disputes of law. However, in disputes of constitutional interpretation, courts have demonstrated a marked shift from observing the rule of judicial precedent. The disregard for this rule manifests itself particularly in the adjudication of cases surrounded by controversy. It is argued herein that constitutional interpretation is no different from legal interpretation, in that the rule of judicial precedent which characterises court decisions in legal disputes, should characterise court decisions in constitutional interpretation disputes. The Constitutional Court of South Africa itself, though it is the highest arbiter in constitutional matters, is bound by its own previous decisions, unless its previous decisions have become manifestly wrong. Three constitutional rights are analysed. The right to life in its three manifestations, namely, the right to life of the unborn child, the right to life of the convicted criminal not to be hanged, and the right of the terminally ill to continue living by receiving medical care at state expense. The other two rights are the right to privacy, and the right to culture. The right to privacy is the right that has been claimed in political controversies. In isolated instances, specifically mentioned herein, the Constitutional Assembly and the drafters of the Constitution have also contributed to the resultant inconsistency in constitutional interpretation. This is especially so with regard to the right to practise one‘s culture. / Constitutional, International and Indigenous Law / LL.D.

The legislative supremacy of Parliament, a dominant characteristic of the Westminster system of government, has for a long time been the basic norm of South African constitutional law. In line with the Westminster prototype, the South African judiciary did not have the power to review the substantive validity of legislation. The creation of a new order, based on a supreme Constitution which entrenches fundamental rights and gives the courts the power to review not on! y the procedural validity but also the substantive validity of legislation, has brought about a significant change. This thesis examines the role of the South African judiciary during the transition from a system of legislative supremacy to one of constitutional supremacy and judicial review. The thesis is based on the interim Constitution of 1993. The entrenchment of fundamental human rights in the Constitution implies a greater role for the judiciary. The judiciary has to apply and interpret the human rights provisions vigorously and fearlessly. The human rights provisions have to be applied and interpreted with a keen awareness that a system of constitutional supremacy differs materially from one of legislative supremacy. In a system of legislative supremacy the intention of the legislature is paramount; in a system of constitutional supremacy the Constitution is supreme and overrides all laws, including Acts of Parliament, which are in conflict with it The doctrine of legislative supremacy has in the past led to a literalist and mechanical application of law; this has had a negative impact on the constitutional role of the South African judiciary. The provisions of a Constitution, especially its human rights provisions, are framed in wide and open ended terms; these need to be elaborated before they can be applied; the nature of these provisions, their purpose and the larger objects of the Constitution are important. The interpretation of the provisions of a supreme Constitution is incompatible with a literalistic and mechanical approach. A purposive and liberal or generous approach is called for. A framework and approach to the interpretation and application of South Africa's Bill of Rights are suggested in the thesis. / Constitutional International and Indigenous Law / LL.D.