published_or_final_version / Philosophy / Master / Master of Philosophy

This research seeks to establish a framework for teaching law that enables graduates to practice law in a manner that furthers social justice. The first half of this paper investigates why it is legitimate to prioritize social justice in the Legal Education discipline. Three sets of literature support this argument. First, South African higher education policy, which emphasizes the need to produce graduates who are able to contribute to societal transformation. Second, the University of Cape Town's Social Responsiveness Policy and the University's Strategies for Change, which mirror national higher education priorities. The third set comprises discussions emerging from Critical Legal Studies as to the purpose of Legal Education. The second half of this paper turns to the framework itself. Experiential learning theory and Paulo Freire's "critical consciousness" shape the design of the three-pillared framework. The three pillars emerging are: social consciousness, sensitivity to context, and critical, social-orientated thinking. This framework embodies the kind of commitment to social justice needed for transformation in South Africa.

Includes abstract. / Includes bibliographical references. / That there is power in information is not disputable. Information empowers marginalised and impoverished citizens to engage with the state thus ensuring their inclusion in the governance and policy processes culminating in the realisation of their socio economic rights. Conversely, in spite of the opportunities for the usage of ATI law as a tool for advancing social justice, the state often retains the power to defy requests for access to information hence power to deny access thereto. This phenomenon is attributable to deeply entrenched socio political and systemic barriers resulting in the disempowerment of the poor from using ATI law as a tool for the realisation of social justice.

Includes bibliographical references. / Through the perceptions of MOSAIC service providers¹, this thesis aims to examine firstly, women’s experiences of economic abuse, through exploring the nature of this abuse; and secondly, how economic abuse may limit women’s agency to leave a violent domestic relationship. In order to provide an understanding of the nature of economic abuse, four focus group discussions were conducted with MOSAIC service providers who assist women of abuse. Additionally, data from MOSAIC in-take forms² was used to further contextualise the MOSAIC clients’ experiences of economic abuse. As supported by other studies, the findings suggest that economic abuse has become ‘normalised’ and for many women experiencing economic abuse, a ‘way of life’. Guided by Postmus et al (2011) typology for economic abuse and as described by the MOSAIC service providers, various interdependent forms of economic abuse, including economic controlling behaviour, economic exploitive behaviour and employment sabotage, are experienced by women. Employment sabotage is highlighted in the context of the detrimental effect it has on women’s economic self-sufficiency. However, few women experiencing economic abuse initially engage the legal system for assistance. Rather women approach other informal networks first and as a last means, formal institutional structures. When engaging institutional structures, the accessing of Emergency Monetary Relief remains challenging for women filing an interim protection order and seeking to leave a violent domestic relationship.

This paper assesses the political impact of the constitutional framework and policy for public participation in South Africa. I consider the question of how legislatures are fulfilling their obligations to facilitate public participation, if they meet international human rights law (IHRL) norms and the extent to which the public involvement facilitated by legislatures measures up to standards identified by theories of political participation. Central to this is a discussion of whether government-led citizen participation processes influence, or have the potential to influence, state decision-making. I examine the political tensions that arise between public participation and party politics within the context of South Africa's political system and discuss the role of civil society-led participation, and the interactions and conflicts between this and the government facilitated processes.

Includes abstract. / Includes bibliographical references. / The focus of this mini-dissertation is the Sierra Leone post-conflict transitional and development process. The civil war in Sierra Leone lasted some eight years before finally ending with the signing of the Lòme Peace Accord on 7 July 1999. This Accord outlined the post-conflict transitional instruments to be employed in Sierra Leone, namely an investigative truth commission and a legal tribunal referred to as the Special Court. After the completion of the mandates of these two instruments, many developmental gaps still existed in post-conflict Sierra Leonean society. This particularly applied to women who continued to suffer from widespread inequalities and discrimination. This thesis suggests that a model of transformative justice, which advocates an integrated approach to postconflict transitions and the development process in general, would better have served the needs of women in Sierra Leone.

Includes abstract. / Includes bibliographical references. / This dissertation looks at the possibilities for an ethical encounter' at a local government level. Much has been written on the problems and challenges of local government in its structure, its politicisation and the dynamics within these invited spaces. This is compounded by service delivery protests which are directed at the inadequacy of local government. These protests suggest that the invited spaces do not provide the options for ethical encounters.

Includes bibliographical references. / This thesis draws attention to South Africa’s shift in perspective of prostitution as a criminal offense to a human rights concern. This thesis addresses the proposed adult prostitution legal reforms in South Africa. These models are analyzed and evaluated in order to discover which model best upholds international standards of human rights. International best practices and prostituion legislation in other parts of the world are used to depict current successes and failures. However, concern has been raised if certain legal reforms could succeed in a sociocultural context such as South Africa. This thesis seeks to investigate prostitution within the sociocultural context of male power and female oppression in South Africa. Prostitution is revealed as the exploitation of women and a violation of human rights. It is concluded that South Africa’s context of pervasive violence against women is not unique, but a reflection of a global view of women. The Nordic model is the human rights model that is recommended for South Africa. This model is not only able to improve the sociocultural status of women, but also penalize the demand for female sexual labor, which is considered the primary force behind the sex industry.

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Includes abstract. / Includes bibliographical references. / Through use of a phenomenological design, this qualitative study investigated barriers to accessing mental health care by female refugees living in the Cape Metropole who have mental health problems as a result of exposure to trauma. A high number of female refugees in the Cape Metropole have been exposed to trauma. This study aims to contribute to the limited literature on this topic. The objectives of the study were to identify whether female refugees faced barriers to accessing mental health services in the Cape and if they did, the nature of these barriers. The findings identified that at the service-delivery level, language, under-resourced mental health services, documentation barriers and lack of awareness of refugees' rights were the biggest barriers. The main barriers in the refugee communities were cultural and religious, fear and lack of awareness and work and childcare responsibilities. The study highlights that not only is the South African government obliged under international, regional and national laws to fulfil female refugees' right to access mental health services, but it is in the state's best interests to do so.