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1	The effectiveness of the South African Truth and Reconciliation Commission in the contect of the five pillars of transitional justice Motlhoki, Stephina Modiegi 09 1900 (has links) This study evaluated the effectiveness of the South African Truth and Reconciliation Commission (SATRC), using the theoretical and conceptual framework of the five pillars of transitional justice. Chitsike (2012) identified the five Pillars of Transitional Justice that the study uses. For that reason, Truth-Seeking and Truth-Telling, Trials and Tribunals, Reparations, Institutional Reform and Memorialisation are the Five Pillars of Transitional Justice that this study elected to use as the conceptual and theoretical framework. The Five Pillars of Transitional Justice that were delineated by Boraine (2005) are referred to for analytical purposes in the study. Methodologically, the study assumes a qualitative posture. Literature study through content analysis that uses description and exploration is deployed to make interpretation of the used literature. This study notes that each one of the pillars of transitional justice has its recommendations and limitations, and the pillars are much more enriched and enriching when applied in complementarity to each other rather than in isolation. The SATRC process also had its achievements and limitations, and its popularity was based on political impressions rather than concrete transitional justice achievements on the ground, in the view of the present study. Furthermore, it appears to the present study that more time is needed for much more reliable evaluations of the effectiveness of the Truth and Reconciliation Commission (TRC) to be made, some of its successes and limitations will take many years and or even decades to manifest because at the end of the day, TRCs are historical process and not events. / Political Sciences / M.A. (Politics) Accountability Forgiveness Human rights violations Justice Redress Restitution Truth and Reconciliation Commission Reparations Institutional reform Memorialisation Truth-telling Democracy Reconciliation Victim Perpetrator 323.490968 Restorative justice -- South Africa Human rights -- South Africa Transitional justice -- South Africa Truth commissions -- South Africa
2	The harmonisation of good faith and ubuntu in the South African common law of contract Du Plessis, Hanri Magdalena 11 1900 (has links) The legal historical development of fairness in the South African common law of contract is investigated in the context of the political, social and economic developments of the last four centuries. It emerges that the common law of contract is still dominated by the ideologies of individualism and economic liberalism which were imported from English law during the nineteenth century. Together with the theories of legal positivism and formalism which are closely related to parliamentary sovereignty and the classical rule of law, these ideals were transposed into the common law of contract through the classical model of contract law which emphasises freedom and sanctity of contract and promotes legal certainty. This approach resulted in the negation of the court’s equitable discretion and the limitation of good faith which sustain the social and economic inequalities that were created under colonialism and exacerbated under apartheid rule. In stark contrast, the modern human rights culture grounded in human dignity and aimed at the promotion of substantive equality led to the introduction of modern contract theory in other parts of the world. The introduction of the Constitution as grounded in human dignity and aimed at the achievement of substantive equality has resulted in a sophisticated jurisprudence on human dignity that reflects a harmonisation between its Western conception as based on Kantian dignity and ubuntu which provides an African understanding thereof. In this respect, ubuntu plays an important role in infusing the common law of contract with African values and in promoting substantive equality between contracting parties in line with modern contract theory. It is submitted that this approach to human dignity should result in the development of good faith into a substantive rule of the common law of contract which can be used to set aside an unfair contract term or the unfair enforcement thereof. / Private Law / LL. D. Bona fides Classical law of contract Equality Contractual autonomy Equity Fairness Freedom Good faith Human dignity Human dignity as empowerment Human dignity as constraint Kantian ethics Modern theory of contract law Open norms Public policy Rule of law Sanctity of contracts Social justice and transformation Substantive equality Transformative constitutionalism Ubuntu 346.2068 Contracts -- South Africa -- Cases Ubuntu (Philosophy) Transitional justice -- South Africa Humanity -- South Africa

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The effectiveness of the South African Truth and Reconciliation Commission in the contect of the five pillars of transitional justice

The harmonisation of good faith and ubuntu in the South African common law of contract