This thesis takes the form of an enquiry into the development of the ―generic contours (Bakhtin 4) for the narration of torture in South Africa during apartheid and its aftermath. The enquiry focusses on the ethical determinations that underlie the conventions of this genre. My theoretical framework uses Adam Zachary Newton‘s conceptualization of narrative ethics to supplement Paul Ricoeur‘s writings on narrative identity and the ethical intention, thus facilitating the transfer of Ricoeur‘s abstract philosophy to the realm of literary criticism. Part I presents torture as a disruption of narrative identity and a defamiliarization of the intersubjective encounter. The existence of torture narratives thus attests to the critical role of narration in the reconstruction of the tortured person‘s identity and the re-establishment of benign frameworks of intersubjective communication. Literature‘s potential to act as a laboratory for the testing of the limitations of narrative identity and the resilience of ethical mores suggests that the fictional representation of torture also has an important role to play in this attempt at rehabilitation. Part II takes the form of a comparative analysis of non-fictional and fictional accounts of torture originating from apartheid South Africa. This shows that the ethical determinations underlying the narration of torture in South Africa range from intersubjective estrangement to a ―solicitude of reciprocity (Bourgeois 109). However, because the majority of these texts used the presentation of human rights abuses to galvanize international opposition to apartheid, the scope for experimentation was limited by the political exigencies of the time. Part III examines the stylistic and generic shifts in the narration of torture that accompanied South Africa‘s transition to democracy. It suggests that the discursive dominance of the Truth and Reconciliation Commission replaced the fruitful—in literary terms—dialogue between authoritarianism and resistance that characterized the apartheid era with a monologic grand narrative of emotional catharsis, reconciliation and nation building. It also suggests that the ―truth-and-reconciliation genre of writing (Quayson 754) that shaped the literary milieu of the post-TRC period be seen in terms of a resurgence of the apartheid–era paradigms for the narration of human rights abuses that were repressed during the initial phase of democratic transition. By framing the TRC as a catalyst for individual journeys of self-discovery, these novels raise important questions about what it means to be a part of the ―new South Africa. In contrast to the majority of apartheid era literature, the novels of the post-TRC period privilege the literary prerogative over the political, and thus bring to fruition the experimental potential of the previous paradigm. In doing so, they not only go beyond solicitude to achieve an ―authentic reciprocity in exchange (Ricoeur, Oneself 191), but also initiate a process of long-awaited literary expansion, in which authors look beyond the limits of apartheid and begin to critically engage with the region‘s pre-apartheid history and its post-apartheid present.

LL.M. (International Law) / Although international law is still a relatively new field within the South African legal system, South Africa has come a long way since the unsuccessful prosecution of Wouter Basson (1999- 2002) for apartheid crimes in the North-Gauteng high court. Recent cases as well as media reports have focused the attention once again on South-Africa‟s obligation to investigate and prosecute certain international crimes. Although criminal investigation and prosecution is generally, not only the duty of a domestic legal system, but also within the discretion of the domestic authorities, certain offences are so heinous that they are regarded as international crimes. It has been accepted since the Nuremburg trials, conducted after World War II, that the whole international community has an interest in the effective punishment and deterrence of international crimes.2 A right and sometimes even a duty to prosecute international crimes may arise from a multilateral treaty to which a state is party, such as the Rome Statute of the International Criminal Court, the four Geneva Conventions of 1949 and the Additional Protocols thereto, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and various terrorism conventions. South Africa is a signatory to the abovementioned treaties. The focus of this dissertation is on South Africa‟s responsibility in terms of international law to investigate and prosecute international crimes. The author researched the question whether South Africa complied with its international law obligations.

This limited scope dissertation deals with the protection against torture in international law. The mechanisms which have been established over the years to protect individuals against torture are analysed. The principles of international customary law dealing with torture and the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT) have been examined against the failure by States to honour their obligations under the Treaty and other legal normative rules. This required deep exploration of the definition of torture and how States can compromise the rule of law by manipulating the definition of torture as contemplated by the Treaty or other instruments. Examples from the former US government highlight the ways in which domestic laws can be used and are continued to be used to allow the use of torture. Measures by South Africa in joining the international community in the fight against torture are also discussed as a case study. While all efforts have been made by the South African system to adopt desirable frame works on the protection of individuals against torture, the lack of education on torture remains the down fall of the system. The dissertation clearly explains that universal jurisdiction applies in respect of torture and this is recognised by both treaty law and customary law. Indeed despite all the current measures in place the use of torture persists. The research clearly reveals that countries hide behind their own laws to perpetrate acts of torture. It is then recommended that proper implementation of the legal structures, informed of the objectives of the structures, is essential in completely eradicating torture. / Public, Constitutional, and International Law / LLM

This limited scope dissertation deals with the protection against torture in international law. The mechanisms which have been established over the years to protect individuals against torture are analysed. The principles of international customary law dealing with torture and the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT) have been examined against the failure by States to honour their obligations under the Treaty and other legal normative rules. This required deep exploration of the definition of torture and how States can compromise the rule of law by manipulating the definition of torture as contemplated by the Treaty or other instruments. Examples from the former US government highlight the ways in which domestic laws can be used and are continued to be used to allow the use of torture. Measures by South Africa in joining the international community in the fight against torture are also discussed as a case study. While all efforts have been made by the South African system to adopt desirable frame works on the protection of individuals against torture, the lack of education on torture remains the down fall of the system. The dissertation clearly explains that universal jurisdiction applies in respect of torture and this is recognised by both treaty law and customary law. Indeed despite all the current measures in place the use of torture persists. The research clearly reveals that countries hide behind their own laws to perpetrate acts of torture. It is then recommended that proper implementation of the legal structures, informed of the objectives of the structures, is essential in completely eradicating torture. / Public, Constitutional, and International Law / LLM