No abstract available. / Thesis (LL.M)-University of Natal, Durban, 1997.

This thesis, by reviewing a human rights project implemented by the Association for Water and Rural Development (AWARD), a South African based non-governmental organization (NGO), seeks to address the ongoing discussion regarding the role of international human rights NGOs in promoting socio-economic rights, adding a local perspective to this debate. It argues that international human rights NGOs working on socio-economic rights issues need to evaluate their approaches to promoting socio-economic rights, including their methodologies and strategies, and to engage more substantively with local NGOs concentrating on these issues. Namely, this thesis reviews a recent article written by Kenneth Roth, the Executive Director of Human Rights Watch (HRW), expressing HRW's views on promoting socio-economic rights. In order to support its main arguments, this thesis, using AWARD's human rights project, introduces a clear conceptual framework for economic and social rights that focuses on the right to water, and considers various methodological approaches for promoting socio-economic rights.

With this piece of work an attempt is made to have a objective evaluation of the influence of South Africa's Bill of rights on the common law of Defamation. the following aspects are being highlighted: The general application of the Bill of Rights and its relevant sections; A comparative study of the application of Bill of Rights with special reference to the United States, Canada, India and Germany; The law of Defamation under a new legal order, with specific reference to whether the Bill of Rights does apply to Defamation and if so how will it change the current common law of Defamation. / Text in Afrikaans / Law / LL.M.

Text in Afrikaans / Summaries in English and Afrikaans / Die Konstitusionele Hof het ir:i S v Makwanyane besluit dat die doodstraf nie versoenbaar is met die Grondwet nie en dit ongeldig verklaar. Die kritiek teenoor die regbank en die openbare mening oor die doodstraf was nog altyd s6 prominent dat die hof nie anders kon as om hieraan aandag te skenk nie. Die hof besluit dat die openbare mening nie 'n rol speel in die hersieningsproses nie. In hierdie verhandeling word die hof se standpunte en red es daarvoor ontleed. Ek kom tot die gevolgtrekking dat die hof korrek bes I is het. Die open bare mening is onseker. Daar is 'n verskil tussen die aard van die waardes in die Grondwet en die aard van die open bare mening. Die kritiek op die uitspraak is te wyte aan die gebrek aan insig en begrip onder lede van die gemeenskap oor die nuwe bestel en die rol van die regbank daarin. / The Constitutional Court in S v Makwanyane declared that the death penalty was inconsistent with the Constitution. The criticism on courts and the public opinion on the death penalty have been so severe that the court could not have but considered these issues. The court concluded that public opinion is not relevant in constitutional review. In this dissertation, I analyze the court's viewpoints and the reasons therefor. My conclusion is that the court made the correct decision. The public opinion is uncertain, and differs from values. The judgment is criticised due to a lack of understanding amongst the public as to the meaning of the new dispensation and the role of our courts therein. / Law / Thesis (LL.M.)--Universiteit van Suid-Afrika, 1996.

The South African public service has been undergoing fundamental transformation since 1994. The new government has had to build a democratic, inclusive and responsive public sector to the extent that the last two decades have witnessed the most dramatic shifts in public reform. After 1994, the public sector had to be transformed so that it could be representative of the nation’s racial composition, caters for the needs of all citizens irrespective of their racial, ethnic, gender, sexual persuasion and orientation. The government agenda of reconstructing and developing a democratic state depends on the willingness, capabilities and patriotism of the public service. As part of its transformation agenda, the government had to introduce policies that were focusing on promoting affirmative action and employment equity. Through this policy and other related employment equity measures, the South African public sector had to be transformed in terms of racial and gender representivity. This study assesses and evaluates whether the policies and legislation that were geared towards the transformation and democratization of public sector have yielded positive or negative results. By way of a literature review and comparative analysis, this study examines the objectives of affirmative action and analyses the approaches that have been taken since the adoption of this policy in the workplace. It looks at public sector and argues that there are still flaws relating to the implementation of affirmative action in public sector. The extent to which affirmative action programs attempt to implement affirmative action differs if South Africa and the United States of America can be taken as examples. The study considers some of the challenges faced by the new South African government in transforming public sector and interrogates the courts’ application and interpretation of affirmative action legislation. It concludes with recommendations that could be put in place in order to position affirmative action policies in line with the objectives of the South African Constitution, labour laws and American approach where the policy was adopted from.

M.Ed. / Please refer to full text to view abstract

D.Ed. / On 27 April 1994 every person in South Africa exercised his/her basic rights as a citizen. By making a cross, citizens acknowledged the authority of the Constitution, and accepted the responsibility this places on their shoulders. The success or failure of the new South Africa is not dependent on the wording or impact of the Constitution, but relies on the willingness of all South Africans to honour the content of the Constitution. Fundamental rights which apply to each person in the country, can only be demanded on the condition that people want these rights for others too. Every right that is demanded, implies the responsibility to honour that right. South Africa needs humanity, goodwill, benevolence, acceptance and forgiveness. Provided that a culture of human rights can be established in the country, these ideals can become reality. Human rights can and should be made part of the South African reality; the Constitution describes it, the RDP calls for it and society demands it. In the course of this dissertation, school is focused on as the one institution in society that is eligible for the establishment of a culture of human rights. A survey done among practising teachers, underlines this thought. The necessity of, and the need for human rights education is founded in official documentation such as international bills of human rights and conventions, policies of Unesco and the Council of Europe, as well as the educational policies of different countries. World leaders and international academicians plead for the inclusion of human rights teaching programmes in the school curricula and the establishment of a human rights culture as part of the ethos of every school. Available material on the subject, that is implemented in schools all over the world, are introduced and evaluated in the light of South African circumstances and needs. Contents that could possibly be included in a curriculum in South African schools, are represented in terms of knowledge, skills, attitudes and values. Problems facing human rights education in the South African society, as well as worldwide criticism against human rights education are dealt with. The inclusion of a human rights period and the incorporation of human rights contents in the total school curriculum, are suggested in order to establish a human rights ethos in schools. Some examples are given to indicate how contents can be concretised within the class situation. The establishment of an education and a teaching strategy that puts human rights first, and that has the support of all role players, is recommended. The success of the new South Africa will not be determined by the stock exchange, sport achievements, technological breakthroughs or political opinions, but through the attitude and will of each man and each woman to live and let live, and to strive towards a future together. Education and teaching can make each child and each home aware, and sensitise them to acknowledge, respect and accept every other human being. The Bill of Human Rights should not only remain part of the Constitution, but should indeed become part of every person's philosophy of life and attitude towards life.

M.A. (Politics) / The human rights discourse is flawed in theory and practise. Despite this, it remains legally entrenched in the South African constitution and enjoys a high degree of rhetorical popularity. This thesis will suggest a theory that will explain the longevity of the human rights discourse based on its ability to open spaces for the development of political agency. This ability is derived from its essentially emotive nature as a discourse comprised of value judgments. The discourse is in turn shaped by the agents that are mobilized through human rights. Hence, human rights will be described as a dynamic, evolving system as opposed to the a priori, deontological facts that they have traditionally been conceived to be.

M.Ed. / Please refer to full text to view abstract

M.Ed. / South Africa has gone through extensive constitutional changes and the institution of a bill of rights for the protection of basic human rights is a certainty. A bill of rights is an essentially constitutional document, formulating and protecting the basic rights and freedoms of the individual concerning the state. It is, therefore, necessary to familiarize pupils with the nature and content of their basic human rights, since we live in a country with a bill of rights.