6 research outputs found
RACIAL CONSIDERATIONS ARE A PREREQUISITE AND NOT AN AFTERTHOUGHT: A DISCUSSION OF Kroukamp v The Minister of Justice and Constitutional Development [2021] ZAGPPHC 526 and Magistrates Commission v Lawrence 2022 1 All SA 321 (SCA)
No full textThis case note engages in a critical examination of two recent cases concerning the issue of race-based appointments, or rather the lack thereof, in the judiciary. The crux of this case note concerns the appointment of judicial officers as regulated by section 174 of the Constitution of the Republic of South Africa, 1996 (Constitution). In particular, the case note is driven by subsection 2 of section 174, which provides:“The need for the judiciary to reflect broadly the racial and gender composition of South Africa must be considered when judicial officers are appointed.”In essence, this case note is an advocate for the argument that the South African judiciary must reflect the demographics of the country. That is to say, racial considerations are a prerequisite in judicial appointments, and not an afterthought. The case note starts with a discussion of the matter that was before the Gauteng High Court, sitting as the Equality Court, in Kroukamp v The Minister of Justice and Constitutional Development ([2021] ZAGPPHC 526). The case note then discusses the later decision of the Supreme Court of Appeal in Magistrates Commission v Lawrence (2022 1 All SA 321 (SCA))
A STEP FORWARD IN THE FIGHT AGAINST ABLEISM: Damons v City of Cape Town [2022] ZACC 13
No full textIn Damons v City of Cape Town ([2022] ZACC 13) (CC judgment), the Constitutional Court (CC) had to deal with the issue of a person living with a disability who was injured in training. The minority judgment by Pillay AJ takes a socio-legal approach to the issue as it dives deep into how Mr Damons was injured and the responsibility of the employer to ensure that Mr Damons was reasonably accommodated. On the other hand, the decision of the majority by Majiedt J takes a formal legal approach in that it critiques the minority judgment from the perspective of the pleadings. This case note engages in a deep discussion of the matter, spanning the arbitration, Labour Court (LC), Labour Appeal Court (LAC) and both of the judgments of the CC. This case note engages in a discussion of the two judgments of the CC
In transit: autobiography of a South African freedom fighter
No full textSpeaker: Mr Fanele Mbali, scholar, military strategist, author and ANC Veterans League Treasurer General, 20 Ma
In transit: autobiography of a South African freedom fighter
No full textSpeaker: Mr Fanele Mbali, scholar, military strategist, author and ANC Veterans League Treasurer General, 20 Ma
Social stitch : connecting segregated communities through activity
No full textDissertation MArch(Prof)--University of Pretoria, 2012The influence of social constructs on the moral fibre and the nature of interactions within a community can never be over emphasized. Social constructs being tangible and intangible elements which form spaces within which communities interact with one another. Where social constructs are chaotic, conflicts within those communities are bound to follow. This has been observed in countries like Rwanda where inequalities among the different communities within the country led to genocide. This dissertation aims to investigate possibilities of using architecture as a tool to create opportunities for cultural and social integration thus encouraging a people to foster values of ‘otherness’ ‘selflessness’ and community. This will be achieved by constructing strong social networks (tangible and intangible) throughout an ethnically, and culturally diverse landscape, with an aim to contribute towards the upliftment of the immediate community. It is hoped that lessons learnt from this study could be of benefit to the South African society at large since the phenomenon observed within the communities being studied presents itself in other communities within the country as well. The anger so thick in the atmosphere, tension bound up into (the site) pockets, slowly strangle and suffocate her pillars, breaking them, forcing them into the ground, causing them to disappear in their turmoil, misunderstandings, and continuous drift and neglect. Tightening the bonds of individualistic interactions ignorance and “disconnectedness” forged by man’s forgetful nature of social ills he exists within. (a poem by the author, inspired by the site chosen for the dissertation)ArchitectureMArch(Prof)Unrestricte
A critical analysis of South African peacemaking in the conflicts in the Great Lakes region
No full textIncludes bibliographical references (leaves 133-150).The Great Lakes region, where conflict resolution and peace operations have been a challenge for 40 years, has been the site of continuous conflicts in the 1960s and 1990s. Despite South Africa's enormous contribution as a peacemaker in the region since 1996, the situation in eastern Democratic Republic of Congo (DRC) remains fragile. How can another potentially deadly conflict in the Great Lakes region be prevented in the future? And how can South Africa improve its performance as a peacemaker? This dissertation analyses South Africa's peace-making efforts in the context of three events in the Great Lakes region: the 1994 Rwandan genocide, the First Congo War in 1996, and the Second Congo War in 1998. The dissertation takes an empirical approach and focuses on eastern DRC, which has the highest concentration of causalities and is crucial to the wars of the DRC. In addition to literature and documents, I have also incorporated key informant interviews and my own personal observations during my assignment as a humanitarian worker from March 2007 to July 2008. These interviews and observations may shed light on the conflict from the perspective of Congolese people. I argue that South Africa has failed as a peacemaker due to four main factors: South Africa's inadequate knowledge of mediation skills; its ambivalent and contradictory foreign policy that stressed the country's interests; its insufficient understanding of major causes, aggravating factors and the nature of this regionalised conflict; and the Southern African Development Community (SADC)'s paradoxical politics. The aim of this dissertation is to explore possible solutions to conflict by strengthening South Africa's peace-making opportunities, which IS the key to implementing successful conflict prevention
