Racism and law : implementing the right to equality in selected South African equality courts
- Authors: Krüger, Rósaan
- Date: 2009
- Subjects: South Africa Promotion of Equality and Prevention of Unfair Discrimination Act, 2000 , Equality -- South Africa , Discrimination -- Law and legislation -- South Africa , Racism -- Law and legislation -- South Africa , Apartheid -- Law and legislation -- South Africa , Constitutional law -- South Africa , South Africa -- Politics and government -- 1994-
- Language: English
- Type: Thesis , Doctoral , PhD
- Identifier: vital:3677 , http://hdl.handle.net/10962/d1003192 , South Africa Promotion of Equality and Prevention of Unfair Discrimination Act, 2000 , Equality -- South Africa , Discrimination -- Law and legislation -- South Africa , Racism -- Law and legislation -- South Africa , Apartheid -- Law and legislation -- South Africa , Constitutional law -- South Africa , South Africa -- Politics and government -- 1994-
- Description: Racism has informed South African society since colonial times. Racist beliefs found expression in the laws of colonial and apartheid South Africa and shaped both state and society. The constitutional state that South Africa has become since 1994, is based on the values of ‘human dignity’, ‘the achievement of equality’ and ‘nonracialism’, among others. Law formed the basis of the racist state prior to 1994, and now law has a fundamental role to play in the transformation of the state and society in an egalitarian direction by addressing socio-economic inequalities on the one hand, and by changing patterns of behaviour based on racist beliefs forged in the past, on the other. This thesis examines one of the legal instruments that is intended to contribute to transformation in the latter sense, namely the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 (the Equality Act), with specific reference to the issue of racism. The provisions of this Act and the framework for its operation against the background of South Africa’s racist past, and within the broader framework of international and constitutional law, are examined. These two legal frameworks are analysed for the purpose of determining the standards set by international and constitutional law regarding racial equality in order to determine whether the Equality Act measures up. This thesis also incorporates an analysis of the practical application of the provisions of the Equality Act to complaints of racism in selected equality courts. The theoretical analysis of the Act’s provisions and their application in the equality courts point to various problematic formulations and obstacles which negatively affect the application of the provisions and thus hamper social change. The thesis concludes with recommendations for refining the Act’s provisions and its application.
- Full Text:
- Date Issued: 2009
- Authors: Krüger, Rósaan
- Date: 2009
- Subjects: South Africa Promotion of Equality and Prevention of Unfair Discrimination Act, 2000 , Equality -- South Africa , Discrimination -- Law and legislation -- South Africa , Racism -- Law and legislation -- South Africa , Apartheid -- Law and legislation -- South Africa , Constitutional law -- South Africa , South Africa -- Politics and government -- 1994-
- Language: English
- Type: Thesis , Doctoral , PhD
- Identifier: vital:3677 , http://hdl.handle.net/10962/d1003192 , South Africa Promotion of Equality and Prevention of Unfair Discrimination Act, 2000 , Equality -- South Africa , Discrimination -- Law and legislation -- South Africa , Racism -- Law and legislation -- South Africa , Apartheid -- Law and legislation -- South Africa , Constitutional law -- South Africa , South Africa -- Politics and government -- 1994-
- Description: Racism has informed South African society since colonial times. Racist beliefs found expression in the laws of colonial and apartheid South Africa and shaped both state and society. The constitutional state that South Africa has become since 1994, is based on the values of ‘human dignity’, ‘the achievement of equality’ and ‘nonracialism’, among others. Law formed the basis of the racist state prior to 1994, and now law has a fundamental role to play in the transformation of the state and society in an egalitarian direction by addressing socio-economic inequalities on the one hand, and by changing patterns of behaviour based on racist beliefs forged in the past, on the other. This thesis examines one of the legal instruments that is intended to contribute to transformation in the latter sense, namely the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 (the Equality Act), with specific reference to the issue of racism. The provisions of this Act and the framework for its operation against the background of South Africa’s racist past, and within the broader framework of international and constitutional law, are examined. These two legal frameworks are analysed for the purpose of determining the standards set by international and constitutional law regarding racial equality in order to determine whether the Equality Act measures up. This thesis also incorporates an analysis of the practical application of the provisions of the Equality Act to complaints of racism in selected equality courts. The theoretical analysis of the Act’s provisions and their application in the equality courts point to various problematic formulations and obstacles which negatively affect the application of the provisions and thus hamper social change. The thesis concludes with recommendations for refining the Act’s provisions and its application.
- Full Text:
- Date Issued: 2009
National identity and nation-building in post-apartheid South Africa
- Authors: Stinson, Andrew Todd
- Date: 2009
- Subjects: Post-apartheid era -- South Africa , South Africa -- Politics and government -- 1994- , Nationalism -- South Africa , Civil society -- South Africa , Democracy -- South Africa , South Africa -- Social policy , Ethnicity -- South Africa , South Africa -- Economic conditions -- 1991- , South Africa -- Social conditions -- 1994-
- Language: English
- Type: Thesis , Masters , MA
- Identifier: vital:2832 , http://hdl.handle.net/10962/d1003042
- Description: Throughout South Africa’s post-Apartheid history, the ANC-led government has undertaken a distinct nation-building program in pursuit of “a truly united, democratic and prosperous South Africa” (ANC, 2007). This is reflected in a two-pronged approach, coupling political and socioeconomic transformation with the social-psychological aspect of forging a broad and inclusive national consciousness. The ANC’s “rainbow nation” approach embraces cultural diversity through what I shall call the practice of “interculturalism”. Interculturalism is a way of recognizing commonalities, reducing tensions and promoting the formation of social partnerships among different cultural groups. The ANC has also promoted a civic culture based on the principles of liberal democracy, non-racism, equality and the protection of individual rights. Interculturalism and civic nationalism are critically important factors to South African nation-building since together they foster a shared public culture and support meaningful participation in the creation of a truly just and democratic South Africa. Unfortunately, in many ways South African society remains deeply divided by race, ethnicity and economic inequality. This thesis analyses various theoretical approaches to national identity and nationbuilding with the aim of identifying several concepts which arguably throw light on the problems of South African nation-building and national identity formation. It is argued that interculturalism and civic nationalism are context appropriate approaches which have been adopted by the ANC to further an inclusive sense of shared public culture and promote participation in the creation of a shared public future. These approaches have led to the limited emergence of a broad South African national identity. However, South Africa’s commitment to socio-economic transformation has been less successful in generating widespread support for a broad national identity. While some of those previously disadvantaged under Apartheid have benefited from poverty alleviation schemes, service delivery initiatives and black economic empowerment programs, many continue to suffer from homelessness, unemployment and worsening economic conditions. Increasing economic marginalization has caused growing discontent among South Africa’s poor and constitutes the biggest threat to the formation of a cohesive national identity in South African society. Ultimately, it is argued that while interculturalism and civic nationalism have played an important role in fostering the growth of a broad national identity, true South African social cohesion will fail to emerge without a massive and sustained commitment to wide-ranging socio-economic transformation.
- Full Text:
- Date Issued: 2009
- Authors: Stinson, Andrew Todd
- Date: 2009
- Subjects: Post-apartheid era -- South Africa , South Africa -- Politics and government -- 1994- , Nationalism -- South Africa , Civil society -- South Africa , Democracy -- South Africa , South Africa -- Social policy , Ethnicity -- South Africa , South Africa -- Economic conditions -- 1991- , South Africa -- Social conditions -- 1994-
- Language: English
- Type: Thesis , Masters , MA
- Identifier: vital:2832 , http://hdl.handle.net/10962/d1003042
- Description: Throughout South Africa’s post-Apartheid history, the ANC-led government has undertaken a distinct nation-building program in pursuit of “a truly united, democratic and prosperous South Africa” (ANC, 2007). This is reflected in a two-pronged approach, coupling political and socioeconomic transformation with the social-psychological aspect of forging a broad and inclusive national consciousness. The ANC’s “rainbow nation” approach embraces cultural diversity through what I shall call the practice of “interculturalism”. Interculturalism is a way of recognizing commonalities, reducing tensions and promoting the formation of social partnerships among different cultural groups. The ANC has also promoted a civic culture based on the principles of liberal democracy, non-racism, equality and the protection of individual rights. Interculturalism and civic nationalism are critically important factors to South African nation-building since together they foster a shared public culture and support meaningful participation in the creation of a truly just and democratic South Africa. Unfortunately, in many ways South African society remains deeply divided by race, ethnicity and economic inequality. This thesis analyses various theoretical approaches to national identity and nationbuilding with the aim of identifying several concepts which arguably throw light on the problems of South African nation-building and national identity formation. It is argued that interculturalism and civic nationalism are context appropriate approaches which have been adopted by the ANC to further an inclusive sense of shared public culture and promote participation in the creation of a shared public future. These approaches have led to the limited emergence of a broad South African national identity. However, South Africa’s commitment to socio-economic transformation has been less successful in generating widespread support for a broad national identity. While some of those previously disadvantaged under Apartheid have benefited from poverty alleviation schemes, service delivery initiatives and black economic empowerment programs, many continue to suffer from homelessness, unemployment and worsening economic conditions. Increasing economic marginalization has caused growing discontent among South Africa’s poor and constitutes the biggest threat to the formation of a cohesive national identity in South African society. Ultimately, it is argued that while interculturalism and civic nationalism have played an important role in fostering the growth of a broad national identity, true South African social cohesion will fail to emerge without a massive and sustained commitment to wide-ranging socio-economic transformation.
- Full Text:
- Date Issued: 2009
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