History on trial: a study of the Salem commonage land claim
- Authors: Bezuidenhout, GJW
- Date: 2020
- Subjects: South Africa. Restitution of Land Rights Act, 1994 , Salem (South Africa) -- History , Land tenure -- Law and legilstion -- South Africa , Land reform -- Law and legislation -- South Africa
- Language: English
- Type: text , Thesis , Doctoral , PhD
- Identifier: http://hdl.handle.net/10962/146647 , vital:38545
- Description: This thesis critically examines the Salem commonage claim, a dispute that has shaken the hamlet of Salem to its core. On ground level it has caused racialized fault lines to reopen, while suspicion and distrust has also grown between the black Africans of the area as well. On a national level, the Constitutional Court judgement has potentially set a precedent with regards to its jurisprudential approach in determining the validity of land claims in South Africa. Its interpretation of the law was determined by the restorative justice jurisprudence enshrined in the Restitution of Land Rights Act 22 of 1994 (the Act). It based its own understanding of the history of the commonage on this jurisprudence. In a bold step towards realising the aims and purposes of the Act, the Constitutional Court found that both the black African claimants as well as the white landowners have equal rights to the land. One of the reasons why the decision of the Constitutional Court is ground-breaking is that the dispute involves a former commonage – land used for common purpose. The Constitutional Court emphasised that the Act was an “extraordinary piece of legislation” and had to be interpreted in such a way so as to address the injustices of the past. This included provisions of the Act which dealt with how oral testimonies from claimants would be dealt with. Another interesting feature was the heavy reliance by all parties on expert witnesses in the persons of eminent historians, Professors Martin Legassick and Herman Giliomee. This case gave much-needed clarification as to what the appropriate role of an expert historian witness may be in a land claim. The success or failure of land claims often depend on the weight of the evidence supplied by the expert historian witness. But the historian must also take cognisance of the fact that the evidence s/he gives is appropriate according to the scope of law. This case also dismisses the assumption that colonial instruments of land assignation are beyond reproach. These instruments which grant rights to land may also be scrutinised in a court of law, just like when oral testimony is tested for its credibility. This is important to note, especially when balancing land rights of the claimants against those of the landowners. This thesis agrees with the decision taken by the Constitutional Court in this instance. However, it also cautions that such softly-softly approaches may appear as a suitable compromise on paper, but the feeling on the ground may not be as receptive to reconciliation as what the courts would have hoped for. To the jurist, this judgement accurately encapsulates the purpose and aims of the Act. However, such a judgement may not seem satisfactory to the people of Salem. The decisions of the Salem commonage case are sure to inform the discourse of land claims in South Africa.
- Full Text:
- Authors: Bezuidenhout, GJW
- Date: 2020
- Subjects: South Africa. Restitution of Land Rights Act, 1994 , Salem (South Africa) -- History , Land tenure -- Law and legilstion -- South Africa , Land reform -- Law and legislation -- South Africa
- Language: English
- Type: text , Thesis , Doctoral , PhD
- Identifier: http://hdl.handle.net/10962/146647 , vital:38545
- Description: This thesis critically examines the Salem commonage claim, a dispute that has shaken the hamlet of Salem to its core. On ground level it has caused racialized fault lines to reopen, while suspicion and distrust has also grown between the black Africans of the area as well. On a national level, the Constitutional Court judgement has potentially set a precedent with regards to its jurisprudential approach in determining the validity of land claims in South Africa. Its interpretation of the law was determined by the restorative justice jurisprudence enshrined in the Restitution of Land Rights Act 22 of 1994 (the Act). It based its own understanding of the history of the commonage on this jurisprudence. In a bold step towards realising the aims and purposes of the Act, the Constitutional Court found that both the black African claimants as well as the white landowners have equal rights to the land. One of the reasons why the decision of the Constitutional Court is ground-breaking is that the dispute involves a former commonage – land used for common purpose. The Constitutional Court emphasised that the Act was an “extraordinary piece of legislation” and had to be interpreted in such a way so as to address the injustices of the past. This included provisions of the Act which dealt with how oral testimonies from claimants would be dealt with. Another interesting feature was the heavy reliance by all parties on expert witnesses in the persons of eminent historians, Professors Martin Legassick and Herman Giliomee. This case gave much-needed clarification as to what the appropriate role of an expert historian witness may be in a land claim. The success or failure of land claims often depend on the weight of the evidence supplied by the expert historian witness. But the historian must also take cognisance of the fact that the evidence s/he gives is appropriate according to the scope of law. This case also dismisses the assumption that colonial instruments of land assignation are beyond reproach. These instruments which grant rights to land may also be scrutinised in a court of law, just like when oral testimony is tested for its credibility. This is important to note, especially when balancing land rights of the claimants against those of the landowners. This thesis agrees with the decision taken by the Constitutional Court in this instance. However, it also cautions that such softly-softly approaches may appear as a suitable compromise on paper, but the feeling on the ground may not be as receptive to reconciliation as what the courts would have hoped for. To the jurist, this judgement accurately encapsulates the purpose and aims of the Act. However, such a judgement may not seem satisfactory to the people of Salem. The decisions of the Salem commonage case are sure to inform the discourse of land claims in South Africa.
- Full Text:
“A position of great trust and responsibility”: a social history of the Grahamstown Asylum, 1875 – c. 1905
- Authors: Van Zyl, Kylie
- Date: 2020
- Subjects: Mental health services -- South Africa -- Cape of Good Hope , Psychiatric hospitals -- South Africa -- History , South Africa -- Race relations -- Social aspects , Mentally ill -- Commitment and detention -- South Africa , Mentally ill -- Abuse of -- South Africa , Mental health policy -- South Africa , Asylums -- South Africa -- Grahamstown , Discrimination in mental health services -- South Africa , Health and race -- South Africa -- History
- Language: English
- Type: text , Thesis , Doctoral , PhD
- Identifier: http://hdl.handle.net/10962/151031 , vital:39025
- Description: Much has been written about the inequalities inherent in the psychiatric care provided to mentally ill individuals in the Cape Colony, but to date few works have been produced that describe in detail the processes and care regimes at particular institutions. This thesis examines the history of care and custody provided by the Grahamstown Asylum in the Cape between the years of 1875 and 1905. The intention is to determine the means and methods by which the Asylum’s authorities developed, almost unchallenged, a system of unequal treatment and favouritism within that facility, and what this meant for the men and women committed to the Asylum’s custody. To this end, contemporaneous official reports from Asylum staff and Colonial authorities were consulted, in conjunction with the Asylum’s internal records such as registers and individual patient files. This thesis concludes that the evolution of the Colony’s psychiatric community’s beliefs around mental illness, philosophies of protective custody and moral treatment within the psychiatric community at the time, the region’s laws governing psychiatric institutionalisation, and the larger context of the Cape’s socio-political environment at the time converged to create an institution that practiced discrimination on both a macro- and micro-level. This discriminatory framework affected who was admitted, the diagnosis that each person received, the asylum facilities to which they had access, and further, to the odds against their recovery. The implications of this study are relevant in the present day, as the modern South African system of psychiatric institutionalisation, though embedded within a socio-political context of equality and non-discrimination nevertheless appears to suffer from a similarly undemocratic framework of operation.
- Full Text:
- Authors: Van Zyl, Kylie
- Date: 2020
- Subjects: Mental health services -- South Africa -- Cape of Good Hope , Psychiatric hospitals -- South Africa -- History , South Africa -- Race relations -- Social aspects , Mentally ill -- Commitment and detention -- South Africa , Mentally ill -- Abuse of -- South Africa , Mental health policy -- South Africa , Asylums -- South Africa -- Grahamstown , Discrimination in mental health services -- South Africa , Health and race -- South Africa -- History
- Language: English
- Type: text , Thesis , Doctoral , PhD
- Identifier: http://hdl.handle.net/10962/151031 , vital:39025
- Description: Much has been written about the inequalities inherent in the psychiatric care provided to mentally ill individuals in the Cape Colony, but to date few works have been produced that describe in detail the processes and care regimes at particular institutions. This thesis examines the history of care and custody provided by the Grahamstown Asylum in the Cape between the years of 1875 and 1905. The intention is to determine the means and methods by which the Asylum’s authorities developed, almost unchallenged, a system of unequal treatment and favouritism within that facility, and what this meant for the men and women committed to the Asylum’s custody. To this end, contemporaneous official reports from Asylum staff and Colonial authorities were consulted, in conjunction with the Asylum’s internal records such as registers and individual patient files. This thesis concludes that the evolution of the Colony’s psychiatric community’s beliefs around mental illness, philosophies of protective custody and moral treatment within the psychiatric community at the time, the region’s laws governing psychiatric institutionalisation, and the larger context of the Cape’s socio-political environment at the time converged to create an institution that practiced discrimination on both a macro- and micro-level. This discriminatory framework affected who was admitted, the diagnosis that each person received, the asylum facilities to which they had access, and further, to the odds against their recovery. The implications of this study are relevant in the present day, as the modern South African system of psychiatric institutionalisation, though embedded within a socio-political context of equality and non-discrimination nevertheless appears to suffer from a similarly undemocratic framework of operation.
- Full Text:
Wagon bridges of the Eastern Cape, c. 1840 – 1900: the contribution of engineering to infrastructural development
- Authors: Walters, Dennis Evelyn
- Date: 2018
- Subjects: Bridges Design and construction 19th century , Civil engineers South Africa Cape of Good Hope , Great Britain. Crown Agents' Office , Public works Great Britain Colonies , Wagon trains South Africa Cape of Good Hope
- Language: English
- Type: text , Thesis , Doctoral , PhD
- Identifier: http://hdl.handle.net/10962/63877 , vital:28500
- Description: This thesis examines an aspect of economic and technological history which has been little explored in South African history. It argues that the military subjugation and the economic development of the Cape Colony, and particularly of the Eastern Cape, were contingent upon good transportation. The geography of the country, which included relatively impassable mountains and numerous often flooded rivers, necessitated bridges as well as roads. Both were expensive. As a leader in industrial technology, Britain was well placed to extend bridge-building skills to its colonies. This thesis examines the processes by which a small and undeveloped colony strove to create an efficient technological infrastructure. As wagon traffic increased through progress, delays in crossing rivers became a hindrance leading to agitation for bridges. It will be shown that the construction of wagon bridges over the numerous rivers encountered in the Eastern Cape Colony was imperative for the initial free flow of military forces and for later commercial expansion as new towns were established. The eastward expansion was led by the military during the frontier wars followed by the Royal Engineers who built roads and bridges along the eastern frontier. The new Colonial Secretary John Montagu, who arrived in 1843, boosted the colonial finances by overhauling the administration. He established the Central Road Board, an organisation that would drive the building of mountain passes, roads and bridges. The Public Works Department succeeded the Central Road Board and with the financial intervention of the Crown Agents for the Colonies, carried on with an extensive programme of road and bridge building. From the 1870s wagon bridge building lagged behind the huge railway building enterprise in response to the opening up of the diamond and gold mines. The final quarter of the 19th century saw increased bridge building activity in the Eastern Cape with the construction of many iron lattice girder, stone masonry arch and timber trestle bridges. The surviving bridges remain as mute testimony to the skill and expertise of British engineers such as Lewis, Woodifield, Robinson, Fforde, Wakefield, Berkley, Grier, Newey, Westhoven and others.
- Full Text:
- Authors: Walters, Dennis Evelyn
- Date: 2018
- Subjects: Bridges Design and construction 19th century , Civil engineers South Africa Cape of Good Hope , Great Britain. Crown Agents' Office , Public works Great Britain Colonies , Wagon trains South Africa Cape of Good Hope
- Language: English
- Type: text , Thesis , Doctoral , PhD
- Identifier: http://hdl.handle.net/10962/63877 , vital:28500
- Description: This thesis examines an aspect of economic and technological history which has been little explored in South African history. It argues that the military subjugation and the economic development of the Cape Colony, and particularly of the Eastern Cape, were contingent upon good transportation. The geography of the country, which included relatively impassable mountains and numerous often flooded rivers, necessitated bridges as well as roads. Both were expensive. As a leader in industrial technology, Britain was well placed to extend bridge-building skills to its colonies. This thesis examines the processes by which a small and undeveloped colony strove to create an efficient technological infrastructure. As wagon traffic increased through progress, delays in crossing rivers became a hindrance leading to agitation for bridges. It will be shown that the construction of wagon bridges over the numerous rivers encountered in the Eastern Cape Colony was imperative for the initial free flow of military forces and for later commercial expansion as new towns were established. The eastward expansion was led by the military during the frontier wars followed by the Royal Engineers who built roads and bridges along the eastern frontier. The new Colonial Secretary John Montagu, who arrived in 1843, boosted the colonial finances by overhauling the administration. He established the Central Road Board, an organisation that would drive the building of mountain passes, roads and bridges. The Public Works Department succeeded the Central Road Board and with the financial intervention of the Crown Agents for the Colonies, carried on with an extensive programme of road and bridge building. From the 1870s wagon bridge building lagged behind the huge railway building enterprise in response to the opening up of the diamond and gold mines. The final quarter of the 19th century saw increased bridge building activity in the Eastern Cape with the construction of many iron lattice girder, stone masonry arch and timber trestle bridges. The surviving bridges remain as mute testimony to the skill and expertise of British engineers such as Lewis, Woodifield, Robinson, Fforde, Wakefield, Berkley, Grier, Newey, Westhoven and others.
- Full Text:
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