How does security limit the right to protest? : a study examining the securitised response to protest in South Africa
- Authors: Royeppen, Andrea Leigh
- Date: 2014
- Subjects: Protest movements -- South Africa , Political violence -- South Africa , South Africa -- Politics and government -- 21st century , Civil rights -- South Africa , Police power -- South Africa , Abuse of administrative power -- South Africa , Police -- Complaints against -- South Africa , Right to strike -- South Africa , Democracy -- South Africa , Political leadership -- South Africa -- 21st century , Political participation -- South Africa , African National Congress , South African Police Service
- Language: English
- Type: Thesis , Masters , MA
- Identifier: vital:2878 , http://hdl.handle.net/10962/d1013071
- Description: In South Africa, the right to protest is under constant threat as a result of the state response. Increasing cases of forceful policing and sometimes unlawful procedural prohibitions of protest attest to this. This study aims to firstly describe this situation through securitisation theory, essentially arguing that South Africa has become a securitised state. It also aims to understand how this is sustained by the state and why the state needs to use a securitised response to maintain power. Interviews were conducted with members of different communities and organisations. Their responses helped to illustrate the frustration of the right to protest or brutal policing during a protest. This provided primary evidence to support the claims of the study. The research shows that claims to protest are being delegitimised under the guise of security as protestors are being constructed as threats to the state. This is further substantiated by looking at how the reorganisation and remililtarisation of the South African Police perpetuates the criminalisation of protestors which necessitates a forceful response from the state. Furthermore, it shows that there is a distinct relationship between the prohibition of protest and the recent increase in ‘violent’ protests which legitimate forceful policing thereby creating a state sustained cycle of violence. The larger implication of this treatment is that these protestors are treated as non- citizens who are definitively excluded from participating in governance. In understanding why this is taking place, it is clear that a securtitised response is an attempt to maintain power by dispelling any threats to power, a response which is seen to have a long history in the African National Congress (ANC) when examining the politics of the ANC during exile. Maintaining power in this way distracts from the larger agenda of the state, which this thesis argues, is to mask the unraveling of the ANC’s hegemony and inability to maintain national unity. In other words, the increasing dissatisfaction of some of the citizenry which has manifested through protest greatly undermines the legitimacy of the government to provide for its people.
- Full Text:
- Authors: Royeppen, Andrea Leigh
- Date: 2014
- Subjects: Protest movements -- South Africa , Political violence -- South Africa , South Africa -- Politics and government -- 21st century , Civil rights -- South Africa , Police power -- South Africa , Abuse of administrative power -- South Africa , Police -- Complaints against -- South Africa , Right to strike -- South Africa , Democracy -- South Africa , Political leadership -- South Africa -- 21st century , Political participation -- South Africa , African National Congress , South African Police Service
- Language: English
- Type: Thesis , Masters , MA
- Identifier: vital:2878 , http://hdl.handle.net/10962/d1013071
- Description: In South Africa, the right to protest is under constant threat as a result of the state response. Increasing cases of forceful policing and sometimes unlawful procedural prohibitions of protest attest to this. This study aims to firstly describe this situation through securitisation theory, essentially arguing that South Africa has become a securitised state. It also aims to understand how this is sustained by the state and why the state needs to use a securitised response to maintain power. Interviews were conducted with members of different communities and organisations. Their responses helped to illustrate the frustration of the right to protest or brutal policing during a protest. This provided primary evidence to support the claims of the study. The research shows that claims to protest are being delegitimised under the guise of security as protestors are being constructed as threats to the state. This is further substantiated by looking at how the reorganisation and remililtarisation of the South African Police perpetuates the criminalisation of protestors which necessitates a forceful response from the state. Furthermore, it shows that there is a distinct relationship between the prohibition of protest and the recent increase in ‘violent’ protests which legitimate forceful policing thereby creating a state sustained cycle of violence. The larger implication of this treatment is that these protestors are treated as non- citizens who are definitively excluded from participating in governance. In understanding why this is taking place, it is clear that a securtitised response is an attempt to maintain power by dispelling any threats to power, a response which is seen to have a long history in the African National Congress (ANC) when examining the politics of the ANC during exile. Maintaining power in this way distracts from the larger agenda of the state, which this thesis argues, is to mask the unraveling of the ANC’s hegemony and inability to maintain national unity. In other words, the increasing dissatisfaction of some of the citizenry which has manifested through protest greatly undermines the legitimacy of the government to provide for its people.
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Judicial enforcement of socio-economic rights under the 1996 constitution : realising the vision of social justice
- Authors: Ngcukaitobi, T
- Date: 2003
- Subjects: South Africa. Constitution , South Africa. Bill of Rights , Civil rights -- South Africa , Human rights -- South Africa , South Africa -- Politics and government -- 1994- , South Africa -- Economic conditions -- 1991- , South Africa -- Social conditions -- 1994-
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:3689 , http://hdl.handle.net/10962/d1003204 , South Africa. Constitution , South Africa. Bill of Rights , Civil rights -- South Africa , Human rights -- South Africa , South Africa -- Politics and government -- 1994- , South Africa -- Economic conditions -- 1991- , South Africa -- Social conditions -- 1994-
- Description: Few legal developments in South Africa and elsewhere in the world in recent times have excited such controversy as the legal recognition of social and economic rights. South Africa has created a special place for itself in world affairs for being one of the countries that recognise socio-economic rights in a justiciable Bill of Rights. Partly this is in response to the appalling levels of poverty prevalent in the country which could potentially destabilise the new democracy. Improvement of the quality of life of every citizen is a crucial step in consolidating the constitutional democracy. The question that will face any court in giving effect to socio-economic rights is: how are these rights to be judicially enforced in a given context? The crux of this thesis lies in the resolution of this question. Firstly this thesis traces the philosophical foundations to the legal recognition of socio-economic rights. It is stated that the recognition of these rights in a justiciable bill of rights requires a conceptually sound understanding of the nature of obligations that these rights place on the state. It is emphasised that it is imperative that access to justice be facilitated to poor and vulnerable members of society for the realisation of the constitutional goal of addressing inequality. Particular concern and priority should in this context be given to women, children and the disabled. The study explores various judicial remedies and makes suggestions on new and innovative constitutional mechanisms for judicial enforcement of these rights. It is concluded that there is an important role to be played by civil society in giving meaningful effect to socio-economic rights.
- Full Text:
- Authors: Ngcukaitobi, T
- Date: 2003
- Subjects: South Africa. Constitution , South Africa. Bill of Rights , Civil rights -- South Africa , Human rights -- South Africa , South Africa -- Politics and government -- 1994- , South Africa -- Economic conditions -- 1991- , South Africa -- Social conditions -- 1994-
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:3689 , http://hdl.handle.net/10962/d1003204 , South Africa. Constitution , South Africa. Bill of Rights , Civil rights -- South Africa , Human rights -- South Africa , South Africa -- Politics and government -- 1994- , South Africa -- Economic conditions -- 1991- , South Africa -- Social conditions -- 1994-
- Description: Few legal developments in South Africa and elsewhere in the world in recent times have excited such controversy as the legal recognition of social and economic rights. South Africa has created a special place for itself in world affairs for being one of the countries that recognise socio-economic rights in a justiciable Bill of Rights. Partly this is in response to the appalling levels of poverty prevalent in the country which could potentially destabilise the new democracy. Improvement of the quality of life of every citizen is a crucial step in consolidating the constitutional democracy. The question that will face any court in giving effect to socio-economic rights is: how are these rights to be judicially enforced in a given context? The crux of this thesis lies in the resolution of this question. Firstly this thesis traces the philosophical foundations to the legal recognition of socio-economic rights. It is stated that the recognition of these rights in a justiciable bill of rights requires a conceptually sound understanding of the nature of obligations that these rights place on the state. It is emphasised that it is imperative that access to justice be facilitated to poor and vulnerable members of society for the realisation of the constitutional goal of addressing inequality. Particular concern and priority should in this context be given to women, children and the disabled. The study explores various judicial remedies and makes suggestions on new and innovative constitutional mechanisms for judicial enforcement of these rights. It is concluded that there is an important role to be played by civil society in giving meaningful effect to socio-economic rights.
- Full Text:
Victims, survivors and citizens: human rights, reparations and reconciliation: inaugural lecture
- Authors: Asmal, Kader
- Date: 1992-05-25
- Subjects: Human rights -- South Africa , Civil rights -- South Africa
- Language: English
- Type: text , book
- Identifier: http://hdl.handle.net/10962/69386 , vital:29513 , ISBN 1868081212
- Description: The professorial inaugural lecture is for the university an occasion to celebrate - celebrate in the full meaning of the word, i.e. to perform publicly and duly, to observe and honour with rites and festivities, to publish abroad, praise and extol. Through the custom of the inaugural lecture the university celebrates and affirms its basic function, that of creating, preserving, transmitting and applying knowledge, particularly scientifically-based knowledge. The university appoints to the position of professor one who has attained excellence in the handling of knowledge in her or his discipline, and through a jealous watchfulness over the dignity and esteem of this time-honoured position of excellence amongst scholars, defends the capacity of the university to advance human knowledge and human progress. The University of the Western Cape is particularly honoured to celebrate by way of this address the inauguration of its first ever Professor of Human Rights Law. We take pride from both the position and the incumbent: the post demonstrates our commitment to scholarly relevance, the incumbent to the pursuit of excellence. This university has distinguished itself amongst South African educational institutions for the way that it has grappled with questions of appropriate intellectual and educational responses to the demands of the social and political environment. That search involved debates and contests over what constitutes knowledge or valuable knowledge, over the nature of the process of knowledge production, over the relationship between theory and practice, about autonomy and accountability, about the meaning of "community" and about how the activities of a university are informed by the definition and conception of "community". The decision to establish a chair in Human Rights Law was arrived at as part of that process of searching for the appropriate forms of curricular transformation. South African society with its history of colonial conquest and latterly apartheid rule is one bereft of a rights culture; and where the discussion of a bill of rights and the general establishment of an awareness of human rights had been started in recent times, it has often been motivated by a concern with the protection of traditionally advantaged sectors of society. A university like ours has an obligation to contribute to the debate about and the promotion of human rights in ways which will also be concerned with healing, reparation and reconstruction in this severely brutalised nation. In this address marking his formal assumption of the University of the Western Cape’s Chair in Human Rights Law, Kader Asmal gives testimony of the depth of scholarly rigour and the breadth of humane concern brought to and emanating from this position. The integral coming together of Asmal the international scholar, the anti-apartheid activist of long standing, the seasoned international solidarity worker, the spirited publicist is evidenced in this address which is sure to stand as a signal point of reference in our national debate about this complex subject. The University had been privileged to attract to its staff some of the finest scholars from the ranks of the formerly exiled South Africans; this inaugural ceremony provides the institution with the opportunity to welcome into its midst one of those in the person of Kader Asmal. , Publications of the University of the Western Cape ; series A, no. 64
- Full Text:
- Authors: Asmal, Kader
- Date: 1992-05-25
- Subjects: Human rights -- South Africa , Civil rights -- South Africa
- Language: English
- Type: text , book
- Identifier: http://hdl.handle.net/10962/69386 , vital:29513 , ISBN 1868081212
- Description: The professorial inaugural lecture is for the university an occasion to celebrate - celebrate in the full meaning of the word, i.e. to perform publicly and duly, to observe and honour with rites and festivities, to publish abroad, praise and extol. Through the custom of the inaugural lecture the university celebrates and affirms its basic function, that of creating, preserving, transmitting and applying knowledge, particularly scientifically-based knowledge. The university appoints to the position of professor one who has attained excellence in the handling of knowledge in her or his discipline, and through a jealous watchfulness over the dignity and esteem of this time-honoured position of excellence amongst scholars, defends the capacity of the university to advance human knowledge and human progress. The University of the Western Cape is particularly honoured to celebrate by way of this address the inauguration of its first ever Professor of Human Rights Law. We take pride from both the position and the incumbent: the post demonstrates our commitment to scholarly relevance, the incumbent to the pursuit of excellence. This university has distinguished itself amongst South African educational institutions for the way that it has grappled with questions of appropriate intellectual and educational responses to the demands of the social and political environment. That search involved debates and contests over what constitutes knowledge or valuable knowledge, over the nature of the process of knowledge production, over the relationship between theory and practice, about autonomy and accountability, about the meaning of "community" and about how the activities of a university are informed by the definition and conception of "community". The decision to establish a chair in Human Rights Law was arrived at as part of that process of searching for the appropriate forms of curricular transformation. South African society with its history of colonial conquest and latterly apartheid rule is one bereft of a rights culture; and where the discussion of a bill of rights and the general establishment of an awareness of human rights had been started in recent times, it has often been motivated by a concern with the protection of traditionally advantaged sectors of society. A university like ours has an obligation to contribute to the debate about and the promotion of human rights in ways which will also be concerned with healing, reparation and reconstruction in this severely brutalised nation. In this address marking his formal assumption of the University of the Western Cape’s Chair in Human Rights Law, Kader Asmal gives testimony of the depth of scholarly rigour and the breadth of humane concern brought to and emanating from this position. The integral coming together of Asmal the international scholar, the anti-apartheid activist of long standing, the seasoned international solidarity worker, the spirited publicist is evidenced in this address which is sure to stand as a signal point of reference in our national debate about this complex subject. The University had been privileged to attract to its staff some of the finest scholars from the ranks of the formerly exiled South Africans; this inaugural ceremony provides the institution with the opportunity to welcome into its midst one of those in the person of Kader Asmal. , Publications of the University of the Western Cape ; series A, no. 64
- Full Text:
Emergency law: judicial control of executive power under the states of emergency in South Africa
- Authors: Grogan, John
- Date: 1989
- Subjects: War and emergency legislation -- South Africa , Internal security -- South Africa , Civil rights -- South Africa , Executive power -- South Africa , Judicial review of administrative acts -- South Africa
- Language: English
- Type: Thesis , Doctoral , PhD
- Identifier: vital:3674 , http://hdl.handle.net/10962/d1003189 , War and emergency legislation -- South Africa , Internal security -- South Africa , Civil rights -- South Africa , Executive power -- South Africa , Judicial review of administrative acts -- South Africa
- Description: This work examines the legal effects of a declaration of a state of emergency under the Public Safety Act 3 of 1953 and the exercise of legislative and administrative powers pursuant thereto. The general basis of judicial control over executive action and the various devices used to limit or oust the court's jurisdiction are set out and explained. Against this background, the courts' performance of their supervisory role under the special circumstances of emergency rule is critically surveyed and assessed. The legal issues raised by the exercise of emergency powers is examined at the various levels of their deployment: first, the declaration of a state of emergency; second, the making of emergency regulations; third, their execution by means of administrative action, including detention, banning, censorship and the use of force. The major cases concerning emergency issues, both reported and unreported, are analysed in their appropriate contexts, and an overview provided of the effects of emergency regulations and orders on such freedoms as South Africans enjoy under the 'ordinary' law. Finally, an attempt is made to assess how these decisions have affected the prospect of judicial review of executive action, both in the emergency context and in the field of administrative law generally. The conclusion is that, however far the Appellate Division may appear to have gone towards eliminating the role of the law in the emergency regime, grounds remain for the courts to exercise a more vigorous supervisory role should they choose to do so in future.
- Full Text:
- Authors: Grogan, John
- Date: 1989
- Subjects: War and emergency legislation -- South Africa , Internal security -- South Africa , Civil rights -- South Africa , Executive power -- South Africa , Judicial review of administrative acts -- South Africa
- Language: English
- Type: Thesis , Doctoral , PhD
- Identifier: vital:3674 , http://hdl.handle.net/10962/d1003189 , War and emergency legislation -- South Africa , Internal security -- South Africa , Civil rights -- South Africa , Executive power -- South Africa , Judicial review of administrative acts -- South Africa
- Description: This work examines the legal effects of a declaration of a state of emergency under the Public Safety Act 3 of 1953 and the exercise of legislative and administrative powers pursuant thereto. The general basis of judicial control over executive action and the various devices used to limit or oust the court's jurisdiction are set out and explained. Against this background, the courts' performance of their supervisory role under the special circumstances of emergency rule is critically surveyed and assessed. The legal issues raised by the exercise of emergency powers is examined at the various levels of their deployment: first, the declaration of a state of emergency; second, the making of emergency regulations; third, their execution by means of administrative action, including detention, banning, censorship and the use of force. The major cases concerning emergency issues, both reported and unreported, are analysed in their appropriate contexts, and an overview provided of the effects of emergency regulations and orders on such freedoms as South Africans enjoy under the 'ordinary' law. Finally, an attempt is made to assess how these decisions have affected the prospect of judicial review of executive action, both in the emergency context and in the field of administrative law generally. The conclusion is that, however far the Appellate Division may appear to have gone towards eliminating the role of the law in the emergency regime, grounds remain for the courts to exercise a more vigorous supervisory role should they choose to do so in future.
- Full Text:
Salvaging the law: the second Ernie Wentzel memorial lecture
- Authors: Didcott, J M
- Date: 1988-10-04
- Subjects: Civil rights -- South Africa , Terrorism -- South Africa
- Language: English
- Type: text , book
- Identifier: http://hdl.handle.net/10962/73347 , vital:30178 , 1868140954
- Description: A budding author bold enough to have sent his manuscript to Dr Samuel Johnson for appraisal received a reply, so the story goes, in these terms: ‘Sir. Your work is both original and good. Unfortunately the part that is good is not original. And the part that is original is not good. I find it difficult to say anything new or original about the lovable man whose life we celebrate this afternoon and whose memory we thus keep alive. For so much has been said in the tributes previously paid to him, tributes testifying to the place he occupied in the hearts of countless South Africans. What is good should prove easier, however, when it is said of someone whom, at the ceremony held in court soon after his death, Ralph Zulman described, simply and truly, as a good man. So, be it said how it may, what I shall say today about Ernie Wentzel feels good to say. Unless someone who is now a lawyer was acquainted with Ernie during his childhood or schooldays, I can rightly claim, I believe, that none still around knew him for more years than I did. Our long friendship may explain why John Dugard honoured me with the invitation to deliver this lecture. It was certainly my reason for accepting the invitation with alacrity. Ernie and I first met each other 37 years ago, in 1951, when he entered the University of Cape Town, where I too was a student. I happened to be his senior by two years. But I soon got to know him well, for we had a lot in common. We were both enthusiastic student politicians. And we were in the same camp. Our time together on the campus was one of turmoil, not as acute as that which campuses have experienced subsequently, but intense nonetheless since, in addition to all the other strife of the period, the Universities of Cape T own and the W itwatersrand were under an attack that was constant and fierce for their policy of admitting students of every race, and they faced the threat of legislation forbidding them to accept any who was not white without official pennission.
- Full Text:
- Authors: Didcott, J M
- Date: 1988-10-04
- Subjects: Civil rights -- South Africa , Terrorism -- South Africa
- Language: English
- Type: text , book
- Identifier: http://hdl.handle.net/10962/73347 , vital:30178 , 1868140954
- Description: A budding author bold enough to have sent his manuscript to Dr Samuel Johnson for appraisal received a reply, so the story goes, in these terms: ‘Sir. Your work is both original and good. Unfortunately the part that is good is not original. And the part that is original is not good. I find it difficult to say anything new or original about the lovable man whose life we celebrate this afternoon and whose memory we thus keep alive. For so much has been said in the tributes previously paid to him, tributes testifying to the place he occupied in the hearts of countless South Africans. What is good should prove easier, however, when it is said of someone whom, at the ceremony held in court soon after his death, Ralph Zulman described, simply and truly, as a good man. So, be it said how it may, what I shall say today about Ernie Wentzel feels good to say. Unless someone who is now a lawyer was acquainted with Ernie during his childhood or schooldays, I can rightly claim, I believe, that none still around knew him for more years than I did. Our long friendship may explain why John Dugard honoured me with the invitation to deliver this lecture. It was certainly my reason for accepting the invitation with alacrity. Ernie and I first met each other 37 years ago, in 1951, when he entered the University of Cape Town, where I too was a student. I happened to be his senior by two years. But I soon got to know him well, for we had a lot in common. We were both enthusiastic student politicians. And we were in the same camp. Our time together on the campus was one of turmoil, not as acute as that which campuses have experienced subsequently, but intense nonetheless since, in addition to all the other strife of the period, the Universities of Cape T own and the W itwatersrand were under an attack that was constant and fierce for their policy of admitting students of every race, and they faced the threat of legislation forbidding them to accept any who was not white without official pennission.
- Full Text:
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