Racism has informed South African society since colonial times. Racist beliefs found expression in the laws of colonial and apartheid South Africa and shaped both state and society. The constitutional state that South Africa has become since 1994, is based on the values of ‘human dignity’, ‘the achievement of equality’ and ‘nonracialism’, among others. Law formed the basis of the racist state prior to 1994, and now law has a fundamental role to play in the transformation of the state and society in an egalitarian direction by addressing socio-economic inequalities on the one hand, and by changing patterns of behaviour based on racist beliefs forged in the past, on the other. This thesis examines one of the legal instruments that is intended to contribute to transformation in the latter sense, namely the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 (the Equality Act), with specific reference to the issue of racism. The provisions of this Act and the framework for its operation against the background of South Africa’s racist past, and within the broader framework of international and constitutional law, are examined. These two legal frameworks are analysed for the purpose of determining the standards set by international and constitutional law regarding racial equality in order to determine whether the Equality Act measures up. This thesis also incorporates an analysis of the practical application of the provisions of the Equality Act to complaints of racism in selected equality courts. The theoretical analysis of the Act’s provisions and their application in the equality courts point to various problematic formulations and obstacles which negatively affect the application of the provisions and thus hamper social change. The thesis concludes with recommendations for refining the Act’s provisions and its application.

Chapter One: The provisions of the Glen Grey Act of 1894 are summarised. The memoirs of contemporaries are discussed and the historical literature on the Act from 1913 to the present is surveyed. The likelihood of the land tenure provisions of the Act forcing the people of Glen Grey (or the people of other districts that came under the operation of the Act) to seek employment is noted. It is evident that there is an increasing emphasis in the literature on labour concerns rather than on the disenfranchising effects and local government provisions of the Act. It is often assumed that the labour force generated by the Act was meant for the Transvaal gold mines. Chapter Two: The relevance of the labour needs of the Indwe collieries is investigated. These mines lay adjacent to Glen Grey and might have been expected to draw their labour thence if the Act had been effective. Rhodes, the author of the Act and prime minister of the Cape, had bought shares in the collieries for De Beers shortly before the Act was passed, which made a possible connection more intriguing. No causal link between De Beers' interests and the Act could be demonstrated; nor do the collieries seem to have employed many people from Glen Grey. Chapter Three: Examines the Cape colonists' complaints about shortage of labour from 1807 to the eve of the Glen Grey Act, and investigates various official measures to promote the labour supply. The Glen Grey Act was not the first labour measure passed at the Cape, and it seems likely, therefore, that the labour needs of the Cape, rather than the Transvaal, were uppermost in the minds of those responsible for the Act. Chapter Four examines Rhodes's political position in the 1890s and shows him to be increasingly dependent on the parliamentary support of the Afrikaner Bond to stay in office. Since the Bond was an agricultural interest group it seems likely that labour for Cape farms, rather than Transvaal gold mines, was what the Act was supposed to provide. With that Rhodes could readily agree, since he wanted to promote the agricultural development of the Cape. However, the Bond wanted to be able to buy land in Glen Grey (and other district in which the Act was proclaimed). Rhodes wanted to keep such districts as 'reservoirs of labour' so he could not give the Bond all of what they wanted, i.e. Glen Grey titles to be alienable. His manoeuvring to keep the Bond supporting the Bill while not making the land readily salable is described. (In the end the land was alienable with the consent of the government -- consent that a Rhodes ministry would not give, but that another might.) Rhodes's desire to obtain the administration of Bechuanaland for his Chartered Company, and his need therefore to reassure the Colonial Office and humanitarian opinion that he could be trusted to rule over blacks, are pointed out as other possible motivations for the Act, which Rhodes tried hard to present as an enlightened piece of legislation. The course of the Act through the Cape parliament, and the opposition of Cape liberals to the Act, is described. Chapter Five: The mentalité of the Cape colonists as regards race, liquor, land tenure and other political issues is described. Chapter Six: The reaction to the Act of Cape blacks and sympathetic whites, British humanitarians and the Colonial Office is described. The contemporary concern with reserving land for blacks is noted, as well as concern over the morality of economically coerced labour. This is in contrast to the modern concentration on labour almost to the exclusion of other issues in regard to the Glen Grey Act. The unsuccessful efforts of Cape blacks and British humanitarians to have the imperial government veto the Act are described. Rhodes's influence over the Colonial Office is described.

Few legal developments in South Africa and elsewhere in the world in recent times have excited such controversy as the legal recognition of social and economic rights. South Africa has created a special place for itself in world affairs for being one of the countries that recognise socio-economic rights in a justiciable Bill of Rights. Partly this is in response to the appalling levels of poverty prevalent in the country which could potentially destabilise the new democracy. Improvement of the quality of life of every citizen is a crucial step in consolidating the constitutional democracy. The question that will face any court in giving effect to socio-economic rights is: how are these rights to be judicially enforced in a given context? The crux of this thesis lies in the resolution of this question. Firstly this thesis traces the philosophical foundations to the legal recognition of socio-economic rights. It is stated that the recognition of these rights in a justiciable bill of rights requires a conceptually sound understanding of the nature of obligations that these rights place on the state. It is emphasised that it is imperative that access to justice be facilitated to poor and vulnerable members of society for the realisation of the constitutional goal of addressing inequality. Particular concern and priority should in this context be given to women, children and the disabled. The study explores various judicial remedies and makes suggestions on new and innovative constitutional mechanisms for judicial enforcement of these rights. It is concluded that there is an important role to be played by civil society in giving meaningful effect to socio-economic rights.

This thesis is in the field of Industrial Relations. It concerns a micro-level investigation of the dynamics of public sector industrial relations in post-apartheid South Africa. It focuses on the Tripartite Alliance between the African National Congress (ANC), the South African Communist Party (SACP) and the Congress of South African Trade Unions (COSATU) and explores what the Alliance relationship has meant for the traditional roles of employees and their representatives on the one hand, and employers and their representatives on the other. The thesis examines the political, organisational and societal contradictions and implications for COSATU public sector union affiliates and their members in their relationship to the ANC as an ally (via the Alliance) and the context in which ANC members form part of management (in government). The South African Municipal Workers’ Union (SAMWU) was used as an archetype of a COSATU public sector union affiliate that engages with the State as employer at the municipal level. It is a case study of Makana Local Municipality (Eastern Cape Province, South Africa) using qualitative research techniques and content analysis to derive the relevant information. The author conducted a series of in-depth interviews of key informants and observations at Makana Local Municipality were done. Based on the empirical data obtained from the investigation, the thesis argues that the traditional roles in the employment relationship at the workplace have been affected by the political alliance. Industrial relations roles have become increasingly vague especially since many within local government share ANC/SACP memberships with members of the trade union. The study also highlights that within an increasingly globalising post-apartheid environment, the Alliance provides mixture of benefits and challenges for workplace negotiations and employment relations in ways that macro-level analyses of employer-employee relationships do not always capture.

This thesis is about the relationship between local government, grassroots organisations and the organisation of power resulting from the interaction of the two. Exploring this relationship this thesis investigates whether the actions of grassroots movements can bring local government in line with their developmental role as accorded to them by the Constitution. The assumption embedded in this question is that the current balance of power at the local level exists outside of the service of the historically disadvantaged. Following on from that, the thesis explores, through different modes of analysis, theoretical and historical, the policy and constitutional framework for local government, and then it unravels the context set by the political economy of South Africa. The aim is to make a significant attempt at understanding the possible implications of the interventions grassroots movements make in the public space. The thesis does this also by looking at the strengths and weaknesses of the strategies of the UDF to makes an assessment of the possible endurance of post-apartheid grassroots movements. Since civil society ‘suffers’ from nationalist politics, with its own corporatist institutions, the thesis searches deep within or arguably 'outside of civil society', subjecting AbM and UPM to academic critique, to see how movements embedded among the poor and carrying the political instrument of anger and marginalisation, can dislodge the power of capital. More importantly, the thesis situates the post-apartheid moment within postcolonial politics; navigating through the legacy of Colonialism of a Special Type (CSP), the thesis explores the limits and opportunities at the disposal of grassroots movements. From a different perspective, the thesis is an examination of the organisation and movement of power and the spaces within which power and ideas are contested. Drawing on the political and economic engagements, dubbed the Dar Es Salaam debates, in the 1970’s and 1980’s spurred on by Issa Shivji, the late Prof Dani Wadada Nabudere and Mahmood Mandani, the conclusions of this thesis develops these engagements, essentially making a case for the continued centrality of the post-apartheid state. However, the thesis also asserts the indubitable role that both grassroots movements and civil society need to play, not necessarily in the democratisation of the state, though that goes without saying, but in taking the post-colonial state on its own terms. Consequently, the thesis puts forward the idea that issue-based mobilisation does exactly this, and in the manner that acknowledges the state’s centrality and makes paramount the self-organisation (popular assemblies) of ordinary people in public affairs. The thesis categorically concludes that the centrality of the post-apartheid state and its progressive outlook (constitutional values) is contingent on organs of popular assemblies which need to take the state on its (progressive) terms.

This thesis aims to make sense of Left politics in South Africa within the Tri-partite Alliance between the ANC, SACP and COSATU. The thesis focuses on developments in the Eastern Cape, between 2000 and 2008. The thesis describes the prevalent forms of Left politics in the Eastern Cape and the tendencies in the Alliance that organise this Left. The thesis also examines the historical, social and political conditions and that shape the form and content of Left politics in the province. Based on a survey of literature on what is considered the core manifestations of Left politics globally in the 20th Century Left politics is defined as the elements of the political spectrum that are concerned with the progressive resolution of involuntary disadvantage and with a goal of abolishing class society and capitalism. Although the Alliance as a whole should be seen to be on the Left on an international political spectrum, this thesis argues that the Left/Right dichotomy is useful for understanding the politics of the Alliance, as long as the second part of this definition is taken into consideration. The Alliance Left is understood as those leaders and activists within the Alliance that have the SACP and Cosatu as their operating base. It will be argued that this Left is, in its practice, largely concerned with what insiders refer to as politics of „influence‟, rather than with politics of „structural transformation‟. It is the ANC that is the leader of the Alliance and the party in government and thus it is on the terrain of ANC strategy, policy and positions that contestation in the Alliance plays itself out. Thus, for the Left, there is strength in the idea of the Alliance. However, there are significant theoretical and political weaknesses in the Left that undermine the possibility of making good use of various corporatist platforms to pursue the agenda of the Left in the Eastern Cape. There is also increased contestation within the Alliance Left itself about the continued usefulness of this strategy.

Present day Thembuland is situated roughly between the Mthatha and Kei rivers. It lies within the south-western portion of the political unit which has been known since 1976 as the Republic of Transkei. It comprises the territories formerly known as Emigrant Thembuland (now the districts of Cala and Cofimvaba) and Thembuland Proper, i.e. the districts of Mqanduli, Umtata, Engcobo and Bomvanaland. We have evidence that Thembu people had already settled in Thembu land Proper, at the Mbashe river, by the beginning of the 17th century. Pioneering clans many have entered the territory at a much earlier date. In the 1830's some clans broke away from the Mbashe settlement, and moved to the region of present day Queenstown. In 1853 their lands were included in the so-called Tambookie Location, which in 1871 became the district of Glen Grey. Emigrant Thembuland came into existence in 1865 when four chiefs from Glen Grey accepted Sir Philip Wodehouse's offer to settle on the lands across the White Kei whence the Xhosa chief Sarhili had been expelled in 1857. This thesis deals with the history of the people who lived in these territories between 1850 and 1900.

For a 25-year period during the apartheid era in South Africa, all school-leaving white men were issued with a compulsory call-up to national military service in the South African Defence Force. It is estimated that 600 000 men were conscripted between 1968 and 1993, undergoing military training and being deployed in Namibia, Angola and South Africa. The purpose of this system of military conscription was to support both the apartheid state’s role in the “Border War” in Namibia and Angola and the suppression of anti-apartheid resistance within South Africa. It formed part of the National Party’s strategy of a “total response” to what it perceived as the “total onslaught” of communism and African nationalism. While recruiting and training young white men was the focus of the apartheid government’s strategy, all of white South African society was caught up in supporting, contesting, avoiding and resisting this system in one way or another. Rather than being a purely military endeavour, conscription into the SADF therefore comprised a social and political system with wide-ranging ramifications. The 1994 democratic elections in South Africa heralded the advent of a very different political, social and economic system to what had gone before. The focus of this research is SADF conscripts’ narrations of identity in the contested narrative terrain of post-apartheid South Africa. The thesis begins with a contextual framing of the historical, social and political systems of which conscription was a part. Drawing on narrative psychology as a theoretical framework, the thesis explores discursive resources of whiteness, masculinities and perceptions of threat in conscripts’ narrations of identity, the construction of memory fields in narrating memories of war and possible trauma, and the notions of moral injury and moral repair in dealing with legacies of war. Using a narrative discursive approach, the thesis then reflects on historical temporal threads, and narrative patterns that emerge when analysing a range of texts about the psychosocial legacies of conscription, including interviews, research, memoirs, plays, media reports, video documentaries, blogs and photographic exhibitions. Throughout the thesis, conscripts’ and others’ accounts of conscription and its legacies are regarded as cultural texts. This serves as a means to highlight both contextual narrative negotiations and the narrative-discursive patterns of conscripts’ personal accounts of their identities in the post-apartheid narrative terrain. The original contribution of this research is the development of conceptual and theoretical framings of the post-apartheid legacies of conscription. Key to this has been the use of narrative-based approaches to highlight the narrative-discursive patterns, memory fields and negotiations of narrative terrains at work in texts that focus on various aspects of conscription and its ongoing aftereffects. The concept of temporal threads has been developed to account for the emergence and shifts in these patterns over time. Existing narrative-discursive theory has formed the basis for conscripts’ negotiations of identity being identified as acts of narrative reinforcement and narrative repair. The thesis concludes with reflections on the future possibilities for articulating and supporting narrative repair that enables a shift away from historical discursive laagers and a reconfiguration of the narrative terrain within which conscripts narrate their identities. / Also known as: Edlmann, Theresa

The South African Council of Churches (SACC) played an extremely crucial role during the struggle against apartheid. The role of the SACC was first and foremost to provide a voice for the voiceless. It managed, among other tasks, to actively fill the void left by movements banned by the illegitimate apartheid government. As a result of its fight against the inequalities that existed in South Africa, its work adopted a political character. In the aftermath of post-apartheid South Africa, the SACC was left with the task of redefining its role within South African society and civil society, specifically. The euphoric sentiment in the mid-1990s was in part reflected in the SACC. However, the conclusion reached by the Council in 1995 was that it would also play a role of 'critical solidarity' which essentially meant that it would not shy away from attacking the government when the need arose. Since 1994, the South African government has implemented a number of policies that do not appear to be in the immediate interest of the majority of South African citizens atld have brought church and state into conflict. This thesis attempts to tackle three issues which are pertinent to the South African situation and which shed light on state-civil society interactions. These issues are HIV I Aids, the question of odious debt and the Zimbabwe crisis. By using both primary and secondary sources, the SACC's responses to government's handling of these matters will be compared with the responses of the South African Catholic Bishops Conference in order to determine their relationships with government. The conclusion of this investigation is that the SACC has in fact managed to maintain a position of critical solidarity. It has been faced with numerous challenges with regard to maintaining the fragile boundary of alliance with government on the one hand, and becoming anti-government on the other. However, by forming alliances with other civil society actors as well as fostering a relationship with government in order to facilitate mediation this dissertation argues that the SACC has become an essential member of South Africa's vibrant civil society.

The Republic of South Africa emerged as 'a product of a historical moment' and also as a reaction against imperialism, colonialism, racial discrimination and domination over the majority of black South Africans by the white minority. The democratic dispensation came into being also for the first time in its life in memorial for a long turbulent history followed by the general democratic elections held on 27th April 1994. The 1994 first general election liberated South Africa from the apartheid system and its subsequent primary objective was “… to transform South Africa into a non-racial and democratic society”. The new democratic government now looks politically different from the racist regime because the current government since 1994 has been, and to date still is, a truly and broadly representative of the South African citizens and also a transparent one, whereas the defunct apartheid government was characterized primarily by, among other things, the violation of human rights, denying black South Africans of any rights of basic services, no rights of owning property or land, no freedom of association and speeches and firmly practised discrimination which was detrimental to the majority of the black population groups in this country. According to the then President Nelson Mandela whilst addressing the ANC masses that were commemorating the eighty-third (83rd) anniversary of the African National Congress on the 8th January 1995, democracy entails “… a thorough-going process of transformation, of overcoming the political, social and economic legacy of apartheid colonialism, of racism, sexism and class oppression.” The government is still grappling with the challenge of ensuringa better life for all the citizens of this country (http://www.anc.org.za/show.php?doc=ancdocs/history/jan8-95html:1).