This study examines the reintegration of South African political returnees into South African society from a sociological perspective after the unbanning of the African National Congress (ANC), South African Communist Party (SACP) and the Pan Africanist Congress (PAC) in 1990. It specifically looks at the role of liberation movements, government, the International Organization For Migration (10M), the United Nations High Commissioner For Refugees (UNHCR) and the South African Council of Churches (SACC) in the pre- and post- 1994 period. This study contends that for refugee reintegration to succeed, primary prerequisites include a relatively good and sustainable economy and, most significantly, positive governmental intervention. A central argument of the study is that the ANC-Ied government has played a significant role in the repatriation and long-term reintegration of political returnees. Of significance is the economic dimension of this process since it facilitates reintegration at the social level. The assessment of the role of the ANC-Ied government in the political returnee reintegration process is undertaken primarily through the Special Pension and Demobilization Acts of 1996 which constitute the focal point of analysis of this study. The findings of this research are that the International Organization For Migration, the United Nations High Commissioner For Refugees, the African National Congress, the Pan Africanist Congress, the South African Communist Party and the South African Council of Churches played a significant role in the repatriation and early reintegration of political returnees in South Africa in the pre-independence phase. In the post-independence period, the ANC led government played an important role in long-term reintegration through legislative means, namely, the Special Pension and Demobilization Acts of 1996. The recommendations of the study are that the United Nations High Commissioner for Refugees should continue conducting large scale political refugee repatriations because of its expertise in international repatriation, programmes and processes of this magnitude. More research on the long-term socio-economic implications of the refugee reintegration process needs to be conducted in view of the fact that this area of study has not been sufficiently problematized. Finally, from a policy perspective, there is a need for governments with returning refugee populations to be more proactive in addressing this problem through legislative measures. / Sociology / D. Litt. et Phil. (Sociology)

This study examines the reintegration of South African political returnees into South African society from a sociological perspective after the unbanning of the African National Congress (ANC), South African Communist Party (SACP) and the Pan Africanist Congress (PAC) in 1990. It specifically looks at the role of liberation movements, government, the International Organization For Migration (10M), the United Nations High Commissioner For Refugees (UNHCR) and the South African Council of Churches (SACC) in the pre- and post- 1994 period. This study contends that for refugee reintegration to succeed, primary prerequisites include a relatively good and sustainable economy and, most significantly, positive governmental intervention. A central argument of the study is that the ANC-Ied government has played a significant role in the repatriation and long-term reintegration of political returnees. Of significance is the economic dimension of this process since it facilitates reintegration at the social level. The assessment of the role of the ANC-Ied government in the political returnee reintegration process is undertaken primarily through the Special Pension and Demobilization Acts of 1996 which constitute the focal point of analysis of this study. The findings of this research are that the International Organization For Migration, the United Nations High Commissioner For Refugees, the African National Congress, the Pan Africanist Congress, the South African Communist Party and the South African Council of Churches played a significant role in the repatriation and early reintegration of political returnees in South Africa in the pre-independence phase. In the post-independence period, the ANC led government played an important role in long-term reintegration through legislative means, namely, the Special Pension and Demobilization Acts of 1996. The recommendations of the study are that the United Nations High Commissioner for Refugees should continue conducting large scale political refugee repatriations because of its expertise in international repatriation, programmes and processes of this magnitude. More research on the long-term socio-economic implications of the refugee reintegration process needs to be conducted in view of the fact that this area of study has not been sufficiently problematized. Finally, from a policy perspective, there is a need for governments with returning refugee populations to be more proactive in addressing this problem through legislative measures. / Sociology / D. Litt. et Phil. (Sociology)

This thesis examines three contestations involving human remains which have arisen in the Eastern Cape over the past fifteen years. It shows that the value or meaning attached to human remains is constructed through the socio-historical dynamics out of which these contestations arise. The meaning and value of human remains is neither inherent nor neutral. In Ndancama's case, the need for housing in Fingo Village led hundreds of poor residents to settle on the township's Old Cemetery in 1972. Basic material needs trumped concerns for those buried in the cemetery. When the post-apartheid municipality sought to provide sewerage and housing infrastructure for Ndancama in 2003, its development plans were constrained by new heritage legislation which protects historic cemeteries. Residents insisted that their infrastructural needs were of primary importance. In 1993, the unearthing of human remains at the Old Military Cemetery in King William's Town created a thirteen year long saga which was only resolved with the reburial of the remains in 2006. The presence of the remains proved problematic for a number of reasons. Local authorities failed to rebury the remains speedily. The burden to store them fell on the Kaffrarian Museum which came under fire because this was considered unethical in the postapartheid era. The identity of the remains became a bone of contention in 2006 when the new Amathole District Municipality concluded that the remains were those of victims who died in the 1856-57 Great Cattle Killing. The remains and their reburial became symbols of past injustice and present restoration of African heritage. The 1996 quest by 'Nicholas Gcaleka', a 'self-styled' chief and traditional healer, to search for King Hintsa's skull in the United Kingdom provoked unprecedented public engagement with the incomplete narrative on the fate of Hintsa's body. The power to represent history, and the methods through which historical truth is discovered were at the heart of the contestation. Elites such as the Xhosa Royal and the white scientific establishment were considered neither credible nor authoritative on this historical matter. Public support for Gcaleka revealed that many South Africans sought just recompense for colonial injustices.

The dissertation investigates South Africa’s legal aspects pertaining to voluntary repatriation of refugees. The repatriation of Mozambican and Angolan refugees was referred to in order to examine the loopholes in the process of repatriating them. This study moreover examines whether the application of the cessation clause is in contravention of the principle of non-refoulement, which is intrinsically the cornerstone for voluntariness of repatriation. The analysis of international, regional and South Africa’s refugee protection framework demonstrates that South Africa affords refugees the protection required by international law. This has been compared with states’ practice and case law with regards to refugee protection in countries including Canada and the United Kingdom. Although South Africa, Canada and the United Kingdom have comprehensive legal framework governing refugees’ protection, refugees’ rights have been violated on numerous occasions. The dissertation consequently concludes that notwithstanding the presence of international, regional and domestic legislations, the rights of refugees are violated due to their vulnerability and the repatriation process ignores the principle of voluntariness on several occasions. / Public, Constitutional, and International Law / LLM

The dissertation investigates South Africa’s legal aspects pertaining to voluntary repatriation of refugees. The repatriation of Mozambican and Angolan refugees was referred to in order to examine the loopholes in the process of repatriating them. This study moreover examines whether the application of the cessation clause is in contravention of the principle of non-refoulement, which is intrinsically the cornerstone for voluntariness of repatriation. The analysis of international, regional and South Africa’s refugee protection framework demonstrates that South Africa affords refugees the protection required by international law. This has been compared with states’ practice and case law with regards to refugee protection in countries including Canada and the United Kingdom. Although South Africa, Canada and the United Kingdom have comprehensive legal framework governing refugees’ protection, refugees’ rights have been violated on numerous occasions. The dissertation consequently concludes that notwithstanding the presence of international, regional and domestic legislations, the rights of refugees are violated due to their vulnerability and the repatriation process ignores the principle of voluntariness on several occasions. / Public, Constitutional, and International Law / LLM