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:
Negotiating historical continuities in contested terrain : a narrative-based reflection on the post-apartheid psychosocial legacies of conscription into the South African Defence Force
- Authors: Edlmann, Tessa Margaret
- Date: 2015
- Subjects: South Africa. National Defence Force , Draft -- South Africa -- History -- 20th century , Draft -- Psychological aspects , Masculinity -- South Africa , Sociology, Military -- South Africa , Whites -- Race identity -- South Africa , South Africa -- Politics and government -- 1948-1994 , Narrative inquiry (Research method)
- Language: English
- Type: Thesis , Doctoral , PhD
- Identifier: vital:2608 , http://hdl.handle.net/10962/d1012811
- Description: For a 25-year period during the apartheid era in South Africa, all school-leaving white men were issued with a compulsory call-up to national military service in the South African Defence Force. It is estimated that 600 000 men were conscripted between 1968 and 1993, undergoing military training and being deployed in Namibia, Angola and South Africa. The purpose of this system of military conscription was to support both the apartheid state’s role in the “Border War” in Namibia and Angola and the suppression of anti-apartheid resistance within South Africa. It formed part of the National Party’s strategy of a “total response” to what it perceived as the “total onslaught” of communism and African nationalism. While recruiting and training young white men was the focus of the apartheid government’s strategy, all of white South African society was caught up in supporting, contesting, avoiding and resisting this system in one way or another. Rather than being a purely military endeavour, conscription into the SADF therefore comprised a social and political system with wide-ranging ramifications. The 1994 democratic elections in South Africa heralded the advent of a very different political, social and economic system to what had gone before. The focus of this research is SADF conscripts’ narrations of identity in the contested narrative terrain of post-apartheid South Africa. The thesis begins with a contextual framing of the historical, social and political systems of which conscription was a part. Drawing on narrative psychology as a theoretical framework, the thesis explores discursive resources of whiteness, masculinities and perceptions of threat in conscripts’ narrations of identity, the construction of memory fields in narrating memories of war and possible trauma, and the notions of moral injury and moral repair in dealing with legacies of war. Using a narrative discursive approach, the thesis then reflects on historical temporal threads, and narrative patterns that emerge when analysing a range of texts about the psychosocial legacies of conscription, including interviews, research, memoirs, plays, media reports, video documentaries, blogs and photographic exhibitions. Throughout the thesis, conscripts’ and others’ accounts of conscription and its legacies are regarded as cultural texts. This serves as a means to highlight both contextual narrative negotiations and the narrative-discursive patterns of conscripts’ personal accounts of their identities in the post-apartheid narrative terrain. The original contribution of this research is the development of conceptual and theoretical framings of the post-apartheid legacies of conscription. Key to this has been the use of narrative-based approaches to highlight the narrative-discursive patterns, memory fields and negotiations of narrative terrains at work in texts that focus on various aspects of conscription and its ongoing aftereffects. The concept of temporal threads has been developed to account for the emergence and shifts in these patterns over time. Existing narrative-discursive theory has formed the basis for conscripts’ negotiations of identity being identified as acts of narrative reinforcement and narrative repair. The thesis concludes with reflections on the future possibilities for articulating and supporting narrative repair that enables a shift away from historical discursive laagers and a reconfiguration of the narrative terrain within which conscripts narrate their identities. , Also known as: Edlmann, Theresa
- Full Text:
- Authors: Edlmann, Tessa Margaret
- Date: 2015
- Subjects: South Africa. National Defence Force , Draft -- South Africa -- History -- 20th century , Draft -- Psychological aspects , Masculinity -- South Africa , Sociology, Military -- South Africa , Whites -- Race identity -- South Africa , South Africa -- Politics and government -- 1948-1994 , Narrative inquiry (Research method)
- Language: English
- Type: Thesis , Doctoral , PhD
- Identifier: vital:2608 , http://hdl.handle.net/10962/d1012811
- Description: For a 25-year period during the apartheid era in South Africa, all school-leaving white men were issued with a compulsory call-up to national military service in the South African Defence Force. It is estimated that 600 000 men were conscripted between 1968 and 1993, undergoing military training and being deployed in Namibia, Angola and South Africa. The purpose of this system of military conscription was to support both the apartheid state’s role in the “Border War” in Namibia and Angola and the suppression of anti-apartheid resistance within South Africa. It formed part of the National Party’s strategy of a “total response” to what it perceived as the “total onslaught” of communism and African nationalism. While recruiting and training young white men was the focus of the apartheid government’s strategy, all of white South African society was caught up in supporting, contesting, avoiding and resisting this system in one way or another. Rather than being a purely military endeavour, conscription into the SADF therefore comprised a social and political system with wide-ranging ramifications. The 1994 democratic elections in South Africa heralded the advent of a very different political, social and economic system to what had gone before. The focus of this research is SADF conscripts’ narrations of identity in the contested narrative terrain of post-apartheid South Africa. The thesis begins with a contextual framing of the historical, social and political systems of which conscription was a part. Drawing on narrative psychology as a theoretical framework, the thesis explores discursive resources of whiteness, masculinities and perceptions of threat in conscripts’ narrations of identity, the construction of memory fields in narrating memories of war and possible trauma, and the notions of moral injury and moral repair in dealing with legacies of war. Using a narrative discursive approach, the thesis then reflects on historical temporal threads, and narrative patterns that emerge when analysing a range of texts about the psychosocial legacies of conscription, including interviews, research, memoirs, plays, media reports, video documentaries, blogs and photographic exhibitions. Throughout the thesis, conscripts’ and others’ accounts of conscription and its legacies are regarded as cultural texts. This serves as a means to highlight both contextual narrative negotiations and the narrative-discursive patterns of conscripts’ personal accounts of their identities in the post-apartheid narrative terrain. The original contribution of this research is the development of conceptual and theoretical framings of the post-apartheid legacies of conscription. Key to this has been the use of narrative-based approaches to highlight the narrative-discursive patterns, memory fields and negotiations of narrative terrains at work in texts that focus on various aspects of conscription and its ongoing aftereffects. The concept of temporal threads has been developed to account for the emergence and shifts in these patterns over time. Existing narrative-discursive theory has formed the basis for conscripts’ negotiations of identity being identified as acts of narrative reinforcement and narrative repair. The thesis concludes with reflections on the future possibilities for articulating and supporting narrative repair that enables a shift away from historical discursive laagers and a reconfiguration of the narrative terrain within which conscripts narrate their identities. , Also known as: Edlmann, Theresa
- Full Text:
Pitied plumage and dying birds : the public mourning of national heroines and post-apartheid foundational mythology construction
- Authors: Kerseboom, Simone
- Date: 2015
- Subjects: Women heroes -- South Africa , Nationalism -- South Africa , Nationalism and collective memory -- South Africa , Post-apartheid era -- South Africa , Women political activists -- South Africa , Dead -- Political aspects -- South Africa , Critical discourse analysis
- Language: English
- Type: Thesis , Doctoral , PhD
- Identifier: vital:2625 , http://hdl.handle.net/10962/d1019884
- Description: The original contribution of this thesis is the examination of the official construction of a post-apartheid foundation myth through the analysis of the dead body politics of five iconic South African women that spans the three presidencies that have defined South Africa’s democratic era. This thesis examines the death and funeral of Albertina Sisulu, the return and burial of Sara Baartman, and the commemoration of Charlotte Maxeke, Lilian Ngoyi, and Helen Joseph. Sisulu, Baartman, Maxeke, Ngoyi, and Joseph have been constructed as heroines and as foundational figures for the post-apartheid nation in official rhetoric. It will contend that the dead body politics of these women not only informs a new foundational mythology, but also features in the processes of regime legitimation when the ANC-dominated government faces strong societal criticism. Although such official expressions of nationalism may appear exhausted, this thesis will show that nationalism remains a powerful and dangerous force in South Africa that attempts to silence opposition and critical analysis of perceived failing government policies or inaction. This thesis will indicate that as women’s bodies and legacies are appropriated for nationalist projects they are subsumed in discourses of domestic femininity in official rhetoric that dangerously detract from women’s democratic rights and their ability to exercise responsible and productive citizenship in the post-apartheid state. It will argue that women’s historic political activism is contained within the meta-narrative of ‘The Struggle’ and that women are re-subsumed into the patriarchal discourses of the past that are inherited in the present. This thesis approaches this topic by considering a top-to-bottom construction of post-apartheid nationalism through applying feminist critical discourse analysis to official rhetoric articulated at the public mourning and commemorative rituals of these five women.
- Full Text:
- Authors: Kerseboom, Simone
- Date: 2015
- Subjects: Women heroes -- South Africa , Nationalism -- South Africa , Nationalism and collective memory -- South Africa , Post-apartheid era -- South Africa , Women political activists -- South Africa , Dead -- Political aspects -- South Africa , Critical discourse analysis
- Language: English
- Type: Thesis , Doctoral , PhD
- Identifier: vital:2625 , http://hdl.handle.net/10962/d1019884
- Description: The original contribution of this thesis is the examination of the official construction of a post-apartheid foundation myth through the analysis of the dead body politics of five iconic South African women that spans the three presidencies that have defined South Africa’s democratic era. This thesis examines the death and funeral of Albertina Sisulu, the return and burial of Sara Baartman, and the commemoration of Charlotte Maxeke, Lilian Ngoyi, and Helen Joseph. Sisulu, Baartman, Maxeke, Ngoyi, and Joseph have been constructed as heroines and as foundational figures for the post-apartheid nation in official rhetoric. It will contend that the dead body politics of these women not only informs a new foundational mythology, but also features in the processes of regime legitimation when the ANC-dominated government faces strong societal criticism. Although such official expressions of nationalism may appear exhausted, this thesis will show that nationalism remains a powerful and dangerous force in South Africa that attempts to silence opposition and critical analysis of perceived failing government policies or inaction. This thesis will indicate that as women’s bodies and legacies are appropriated for nationalist projects they are subsumed in discourses of domestic femininity in official rhetoric that dangerously detract from women’s democratic rights and their ability to exercise responsible and productive citizenship in the post-apartheid state. It will argue that women’s historic political activism is contained within the meta-narrative of ‘The Struggle’ and that women are re-subsumed into the patriarchal discourses of the past that are inherited in the present. This thesis approaches this topic by considering a top-to-bottom construction of post-apartheid nationalism through applying feminist critical discourse analysis to official rhetoric articulated at the public mourning and commemorative rituals of these five women.
- Full Text:
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