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.

D.Litt. et Phil. (Philosophy) / Please refer to full text to view abstract

M.Ed. (Educational Psychology) / Human rights are currently the focal point of discussion. It is an actuality which' gains prominence as the complexity of society increases. This study will focus on the rights of the individual in relation to the other members of the group and the family. The family is seen as a bond of community in which the individual is anchored. The problems which are therefore addressed in this dissertation, are: Are children sufficiently informed about the rights of the individual in his group and his family? Are there any aspects with regard to the rights of the individual in his group or family about which children have almost no knowledge? The aim of this study was to ascertain to what extent the rights of the individual in the group are communicated to the child by the school, and to determine which educational gaps exists in this respect. The nature of this study is exploratory and descriptive. Exploratory studies have as their aim the exploration of a relatively unknown area. In this project the rights of the individual in his group and family are examined; also whether, and to what extent, these rights are communicated to the child - it is a relatively unknown area in educational studies which is explored. The ways in which the research in this study was by undertaken and carried out, includes amongst others a study of the literature which contains the relevant and, where possible the youngest views of experts on the appropriate area of research. It will form the frame of reference for the empirical study which will follow. The empirical component of the investigation was based on the implementation of a questionnaire. The variables were subjected to an item analysis. The independent variables, ie., sex; character; age; language; language of instruction; religion; news value; experience in teaching; qualification; professional skill and guardianship, were used to investigate the importance of the rights of the individual in relation to the other members of the group and the family.

The point of departure of this dissertation is that notwithstanding the controversy about the right to development (RTD), the African human rights system expressly recognises it as a human right of a collective nature. The content of this right is a bundle of rights (civil and political as well as economic, social and cultural) which should be understood in their interdependency and interconnectedness. In addition, the RTD is a claim for a global justice characterized by a fair and equitable redistribution of the world’s resources. The purpose of this dissertation is to critically investigate the extent to which the RTD can be realised under the New Partnership for Africa’s Development (NEPAD). NEPAD is the economic and development arm of the African Union which is compelled by its human rights mandate to ‘promote and protect human and peoples’ rights in accordance with the African Charter on Human and Peoples’ Rights including the RTD. The dissertation looks at how NEPAD could be used to realise the RTD in Africa. After clarifying the theoretical and contextual links between NEPAD and the RTD, explaining the concepts pertaining to RTD, its nature and after locating its existence in the African human rights system, the dissertation examines the prospects for the realisation of this right through NEPAD. In doing so, it analyses NEPAD from a human rights perspective. It then goes on to look at the extent to which NEPAD’s programmes on vulnerable groups and participation, are integrated into national development policies in Africa through case studies of Cameroon and South Africa. The dissertation also examines whether the new global partnership as prescribed by NEPAD is conducive to the realisation of the RTD. The basic conclusion is that although NEPAD’s plan to foster the provision of goods and services is not defined in terms of legal entitlements, with legal mechanisms to claim such entitlements, NEPAD’s objectives and purposes are to improve human welfare, which is also the objective of the RTD. However, to enhance the prospects for the achievement of the RTD in Africa, NEPAD should establish and strengthen mechanisms for a full domestication and ownership of its plans and standards in African states. It should also strengthen the African Peer Review Mechanism (APRM) institutions at both continental and national levels. Further, it should involve the African Commission on Human and Peoples’ Rights, which has expertise in human rights, in its APRM. At the global level, among others, NEPAD should not only strive to be economically self-reliant, but its member states should speak with ‘one voice’ and present the African Union/NEPAD’s position at international fora and consistently ensure that Africa’s development contracts and agreements are informed by international human rights standards. / Thesis (LLD)--University of Pretoria, 2012. / Centre for Human Rights / unrestricted