New rules for security and survival: Southern Africa's adaptation to a changing world environment
- Authors: Naidoo, Sagaren Krishna
- Date: 1998
- Subjects: Internal security -- South Africa , National security -- South Africa , South Africa -- Politics and government -- 1994- , South Africa -- Economic conditions -- 1991-
- Language: English
- Type: Thesis , Masters , MA
- Identifier: vital:2814 , http://hdl.handle.net/10962/d1003024 , Internal security -- South Africa , National security -- South Africa , South Africa -- Politics and government -- 1994- , South Africa -- Economic conditions -- 1991-
- Description: In the wake of the post-Cold War era, students of international relations were forced to review their theoretical frameworks to explain new rules for international peace and security. States are now confronted with new constraints for their security and survival as current trends in international politics depict a 'regionalisation' of peace and security. For southern Africa, likewise, the end of the Cold War and, moreover, apartheid, compels its member states to redefine their security strategies and mechanisms for survival. This thesis undertakes to examine southern Africa's adaptation to new rules of a changing world environment, to ensure a stable and secure region, into the next millennium. At the outset of this thesis lies a conceptual contextualisation of security within the major contemporary theoretical approaches of international relations. By examining the essential differences between the redefinitions and new conceptualisations of security, this thesis, firstly argues that the state in southern Africa must be retained as a primary referent of security. This argument is premised on the need to create stronger states for a 'regionalisation' of security in southern Africa. The second issue examined is the changing world environment and its impact on the state and development in Africa, as the new constraints to which the continent must adapt, for security and survival. Arguing that the new international economic order and 'globalisation' dictate the new rules, this chapter asserts that the 'weak' states in Africa need to be strengthened to have the necessary capacity to be the means for its people's security. Finally this thesis examines the new rules for southern Africa's adaptation to a changing world environment. The new rules for the African sub-continent involve the formation of a security regime and economic community with, the power-house, South Africa. Using the Southern African Development Community(SADC) as the umbrella body, the formation of the Organ for Politics, Defence and Security, and signing of trade protocols for a movement towards a free trade area, are evidence of southern Africa's attempts to adapt to new rules for its security. Such adaptation cannot, however, be accomplished with 'weak' states. Southern African states will have to, therefore, be strengthened to attain a more secure adaptation to the new international (economic) order.
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- Date Issued: 1998
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.
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- Date Issued: 1989