Relevant bibliographies by topics / Apartheid – Law and legislation – South Africa

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Academic literature on the topic 'Apartheid – Law and legislation – South Africa'

Author: Grafiati
Published: 4 June 2021
Last updated: 9 February 2022

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Journal articles on the topic "Apartheid – Law and legislation – South Africa"

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Clifford-Holmes, Jai K., Carolyn G. Palmer, Chris J. de Wet, and Jill H. Slinger. "Operational manifestations of institutional dysfunction in post-apartheid South Africa." Water Policy 18, no. 4 (2016): 998–1014. http://dx.doi.org/10.2166/wp.2016.211.

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At the centre of the water law reform process initiated by the first democratic government of the Republic of South Africa (RSA) lay the challenge of transforming away from apartheid water injustices. Reform culminated in the promulgation of new legislation, regarded internationally as ambitious and forward-thinking legislation reflective of the broad aims of integrated water resource management (IWRM). However, implementation of this legislation has been challenging. This paper analyses institutional dysfunction in water management in the Sundays River Valley Municipality (Eastern Cape Provin
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Maguire, James. "Children of the Abyss." New Criminal Law Review 15, no. 1 (2012): 68–121. http://dx.doi.org/10.1525/nclr.2012.15.1.68.

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This article critically examines recent legislation in South Africa intended to systematically overhaul the country's juvenile justice system. Developed and heatedly debated over the course of a decade, the Child Justice Act implements novel procedural protections and large-scale restorative justice programs. By analyzing the political history, social context, and evolving text of the Child Justice Act, I call into question prevailing assumptions about post-apartheid South Africa's socio-legal history. Close examination of the Act's major drafts (in 2002, 2007, and 2008) reveals a set of tensi
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Jegede, Ademola, and Pumzile Shikwambane. "Water ‘Apartheid’ and the Significance of Human Rights Principles of Affirmative Action in South Africa." Water 13, no. 8 (2021): 1104. http://dx.doi.org/10.3390/w13081104.

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Water is an essential necessity for human beings; however, South Africa has a long history of inequalities dating back to apartheid politics and legislation which denied access to water to disadvantaged black populations mostly residing in rural areas. Although apartheid has officially ended, whether the lack of access to water by such populations who still cannot afford it exists and aligns with international human rights principles of equality and non-discrimination merits an examination. To redress the injustices of the apartheid regime, the right to have access to sufficient water is entre
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Fortin, Elizabeth. "Struggles with activism: NGO engagements with land tenure reform in post-apartheid South Africa." Journal of Modern African Studies 48, no. 3 (2010): 383–411. http://dx.doi.org/10.1017/s0022278x10000340.

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ABSTRACTIn 2004, a long-awaited piece of post-apartheid legislation, the Communal Land Rights Act – to reform the land tenure of those living in the former ‘homelands’ of South Africa – was passed into law unanimously by parliament. This unanimity, however, conceals the extent to which the process towards this moment was deeply contested. Exploring the efforts by land sector NGOs to secure legitimacy in their engagements with this process reveals the extent to which wider power relations and contestations have determined their positioning. Those within the non-governmental land sector who oppo
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Fourie, E. S. "Non-Standard Workers: The South African Context, International Law and Regulation by The European Union." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 11, no. 4 (2017): 109. http://dx.doi.org/10.17159/1727-3781/2008/v11i4a2787.

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The current labour market has many forms of employment relations that differ from full-time employment. "Atypical," "non-standard," or even "marginal" are terms used to describe these new workers and include, amongst others, parttime work, contract work, self-employment, temporary, fixed-term, seasonal, casual, piece-rate work, employees supplied by employment agencies, home workers and those employed in the informal economy. These workers are often paid for results rather than time. Their vulnerability is linked in many instances to the absence of an employment relationship or the existence o
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Manjoo, Rashida. "Legislative Recognition of Muslim Marriages in South Africa." International Journal of Legal Information 32, no. 2 (2004): 271–82. http://dx.doi.org/10.1017/s0731126500004133.

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Both theoretically and constitutionally, South Africa is a secular state with many religious and non-religious groupings co-existing with each other. The reality is that there is widespread observance of both religious and customary law — despite a lack of or limited recognition thereof under the apartheid government. The non-recognition of other forms of law in South Africa has had negative consequences and the remedial efforts of the present government is visible both in the area of customary law and also Muslim Personal Law, hereinafter referred to as MPL. This paper will confine itself to
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Kosciejew, Marc Richard Hugh. "Disciplinary documentation in Apartheid South Africa." Journal of Documentation 71, no. 1 (2015): 96–115. http://dx.doi.org/10.1108/jd-10-2013-0130.

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Purpose – The purpose of this paper is to argue that information is an important effect of documentation. It is in this way that documentation studies distinguishes between concepts of and practices with “information” and “document”: that is, documentation studies helps illuminate how information is created, stabilized, and materialized such that it can emerge and, in turn, how it can then be controlled, deployed, enforced, entrenched, managed, and used in many different ways, in various settings, and for diverse purposes. Design/methodology/approach – This paper presents a conceptual framewor
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Olivier, Michele. "Interpretation of the Constitutional provisions relating to international law." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 6, no. 2 (2017): 25. http://dx.doi.org/10.17159/1727-3781/2003/v6i2a2864.

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The 1993 Constitution,1 for the first time in South African history accorded constitutional recognition to international law, thereby bringing an end to the debate on the status of international law in South African domestic law. This step was a symbolic break from the apartheid legal system, which was closely associated with the violation of international law and indicated to the international community that South Africa was willing to abide by internationally accepted rules. More important, however, for South African lawyers are the fundamental changes the constitutional regulation of intern
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Sewpersadh, Prenisha, and John Cantius Mubangizi. "Using the Law to Combat Public Procurement Corruption in South Africa: Lessons from Hong Kong." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 20 (May 30, 2017): 1. http://dx.doi.org/10.17159/1727-3781/2017/v20i0a1359.

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Since South Africa’s political transition in 1994, corruption has been a major feature of the country’s politics. However, the complexity of post-apartheid South African politics has sometimes prevented allegations and suspicions of corruption from being adequately dealt with by the law. This article examines the legal framework used to combat public procurement corruption in South Africa. Using a comparative approach, the article also examines the legal framework of Hong Kong – with a view to identifying lessons that South Africa can learn therefrom. Such lessons include but are not limited t
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Dollar, E. S. J., C. R. Nicolson, C. A. Brown, et al. "Development of the South African Water Resource Classification System (WRCS): a tool towards the sustainable, equitable and efficient use of water resources in a developing country." Water Policy 12, no. 4 (2009): 479–99. http://dx.doi.org/10.2166/wp.2009.213.

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Despite the transition to democracy in 1994, South Africa still had apartheid legislation on the statute books and the allocation of water was regulated by the 1956 Water Act. Accordingly, post-apartheid South Africa underwent a water sector reform process culminating in the new National Water Act (No. 36) of 1998. One component of the Act is the requirement for a classification system to determine different classes of water resources. The classification system provides a definition of the classes that are to be used and a seven-step procedure to be followed in order to recommend a class. The
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Dissertations / Theses on the topic "Apartheid – Law and legislation – South Africa"

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Van, Zyl Marie Elizabeth. "A sexual politics of belonging : same-sex marriage in post-apartheid South Africa." Thesis, Stellenbosch : Stellenbosch University, 2015. http://hdl.handle.net/10019.1/96581.

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Thesis (PhD)--Stellenbosch University, 2015.<br>ENGLISH ABSTRACT: Marriage is regarded as one of the most important and universal cultural symbols of belonging, and incorporates a range of privileges that can be acquired in no other way. It is where relationships of desire, politics and economics are fused into personal and public rituals of socially sanctioned connection and inclusion. Yet it draws new boundaries of social inclusion and exclusion or stigmatisation. In this thesis I use narrative inquiry to investigate how seventeen Capetonian queer couples in committed relationships perceive
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Nyathi, Mthokozisi. "The right to organise: critiquing the role of trade unions in shaping work relations in post-apartheid South Africa." Thesis, Rhodes University, 2011. http://hdl.handle.net/10962/d1003205.

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Organised labour continues to play a prominent role in shaping employment relations in South Africa. The individual worker is powerless and in a weaker bargaining position against his employer. The advent of democracy was accompanied by numerous interventions to level the historically uneven bargaining field. The trade union movement has made and consolidated significant gains since the advent of democracy. It however faces a plethora of new challenges, such as the negative forces of globalisation, declining membership (often associated with high levels of unemployment and the changing nature
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Krüger, Rósaan. "Racism and law : implementing the right to equality in selected South African equality courts." Thesis, Rhodes University, 2009. http://hdl.handle.net/10962/d1003192.

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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 chang
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Dullabh, Neela. "An examination of the factors influencing the spatial distribution of the Indian communities in Grahamstown, King William's town, Queenstown and Uitenhage from 1880 to 1991." Thesis, Rhodes University, 1995. http://hdl.handle.net/10962/d1005506.

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This study examines the factors influencing the spatial distribution of the Indian communities of Grahamstown, King William's Town, Queenstown and Uitenhage from 1880 to 1991. Primary sources of information were used to determine both the spatial distribution of the four communities and the factors influencing the distribution found. These primary sources included the use of directories, municipal and archival sources of information, interviews as well the work of various authors. The study found that the spatial distribution of Indians in the four study areas were similar with the Indians occ
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Mariotti, Martine Georgia. "White control of black employment an analysis of the effects of apartheid era labor legislation on black employment in South Africa /." Diss., Restricted to subscribing institutions, 2008. http://proquest.umi.com/pqdweb?did=1619405951&sid=1&Fmt=2&clientId=1564&RQT=309&VName=PQD.

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Mutloane, Mphati Ntebaleng. "Post-Apartheid Legislative Recognition of Traditional Leaders in South Africa: Weak Legal Pluralism in the Guise of Deep Legal Pluralism An analysis and critique of the legislative framework for the recognition of traditional leadership in South Africa under the 1996 Constitution." Master's thesis, University of Cape Town, 2015. http://hdl.handle.net/11427/15202.

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This study explores the limitations of recognising traditional leadership as institution through legislation. The legislative recognition of traditional leadership has serious implications for the processes of change within customary law from 'official' customary law to 'living' customary law. The advent of the 1996 Constitution and its emphasis on freedom, dignity, equality and accountability has opened up avenues for democratic political participation, which is changing the nature of customary law through a bottom-up process involving community members in the evolution of customary law. This
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Dafel, Michael. "The constitutional rebuilding of the South African private law : a choice between judicial and legislative law-making." Thesis, University of Cambridge, 2018. https://www.repository.cam.ac.uk/handle/1810/285563.

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A tension arises whenever the South African private law fails to meet constitutional right norms. To remedy a deficiency, two law-making options are available. The first is for the judiciary to develop or change private law principles and rules in order to provide protection for the implicated constitutional norm. The second is for the judiciary to enforce an obligation upon Parliament to enact legislation to amend or replace existing private law rights and obligations so as to safeguard the norm against interference from a private individual or entity. The former is the more conventional opti
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Kgari-Masondo, Maserole Christina. ""A superstitious respect for the soil"? : environmental history, social identity and land ownership - a case study of forced removals from Lady Selborne and their ramifications, c. 1905 to 1977 /." Thesis, Link to the online version, 2008. http://hdl.handle.net/10019.1/1215.

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Morgan, Kirsty Kate. "The legalisation and regulation of online gambling in South Africa." University of the Western Cape, 2017. http://hdl.handle.net/11394/6092.

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Way, Sarah Eleanor. "Literature and law under apartheid." Thesis, University of Hull, 1999. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.323172.

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Books on the topic "Apartheid – Law and legislation – South Africa"

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Cope, June. A matter of choice: Abortion law reform in apartheid South Africa. Hadeda Books, 1993.

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James, Wilmot Godfrey. Group areas and the nature of apartheid. American Bar Foundation, 1992.

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Politics by other means: Law in the struggle against apartheid, 1980-1994. Routledge, 1995.

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Kittner, Michael. Labour under the apartheid regime: Practical problems and legal framework of labour relations in South Africa. Kluwer Law and Taxation Publishers, 1989.

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Die rechtliche Ausgestaltung der Apartheid: Am Beispiel des Group Areas Act No. 36 of 1966. Peter Lang, 2000.

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Health & democracy: A guide to human rights, health law and policy in post-apartheid South Africa. SiberInk, 2007.

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Lombard, J. A. Removal of discrimination against Blacks in the political economy of the Republic of South Africa: A memorandum for ASSOCOM. Bureau for Economic Policy and Analysis, University of Pretoria, 1985.

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In a time of trouble: Law and liberty in South Africa's state of emergency. Clarendon Press, 1992.

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Hahn-Godeffroy, Emily. Die südafrikanische Truth and Reconciliation Commission. Nomos, 1998.

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South African Law Reform Commission. Repeal of the Black Administration Act 38 of 1927: Report. [South African Law Reform Commission, 2004.

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Book chapters on the topic "Apartheid – Law and legislation – South Africa"

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Sukumane, Joyce B. "Language Policy in Education and the Future of Indigenous Languages in Post-Apartheid South Africa." In Language Legislation and Linguistic Rights. John Benjamins Publishing Company, 1998. http://dx.doi.org/10.1075/impact.2.17suk.

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Noyoo, Ndangwa. "Social Policy, Social Welfare, Social Security, and Legislation in Promoting Healthy Human Relationships in Post-Apartheid South Africa." In Promoting Healthy Human Relationships in Post-Apartheid South Africa. Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-50139-6_12.

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Makino, Kumiko. "The Changing Nature of Employment and the Reform of Labor and Social Security Legislation in Post-Apartheid South Africa." In Non-Standard Employment under Globalization. Palgrave Macmillan UK, 2010. http://dx.doi.org/10.1057/9780230274310_4.

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Domingo, Wesahl. "The Case of the Recognition of Muslim Personal Law in South Africa: Colonialism, Apartheid and Constitutional Democracy." In Boundaries of Religious Freedom: Regulating Religion in Diverse Societies. Springer International Publishing, 2014. http://dx.doi.org/10.1007/978-3-319-09605-6_11.

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Zenker, Olaf. "New Law Against an Old State: Land Restitution as a Transition to Justice in Post-Apartheid South Africa?" In Transition and Justice. John Wiley & Sons, Ltd, 2014. http://dx.doi.org/10.1002/9781118944745.ch6.

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Huneberg, Samantha. "What Can the Insurance Distribution Directive “Offer” the South African Microinsurance Model?" In AIDA Europe Research Series on Insurance Law and Regulation. Springer International Publishing, 2020. http://dx.doi.org/10.1007/978-3-030-52738-9_10.

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AbstractThe Insurance Distribution Directive is set to change how insurers and intermediaries design as well as sell insurance products. The provisions of the Directive are far-reaching and are to have a significant impact on consumers. The Directive is heavily pro-consumer and due to its pro-consumer nature, it is to have extensive benefits for consumers. South Africa has recently enacted microinsurance provisions which are now considered formalised insurance products in the country. New legislation has been enacted to regulate microinsurance policies in both life and non-life spheres. Microinsurance is to have a profound impact on a large part of the country’s population. Considering the pro-consumer and extensive nature of the IDD, it is worth considering what the IDD can “offer” the South African microinsurance model, what can South Africa learn from these provisions?
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Pienaar, Juanita M. "Customary Law and Communal Property in South Africa." In Legal Strategies for the Development and Protection of Communal Property. British Academy, 2018. http://dx.doi.org/10.5871/bacad/9780197266380.003.0007.

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In the geographical areas forming the focus of this contribution, the traditional communal areas in former Bantustan and homeland areas in South Africa, communal ownership flows from the application of customary law, linked to the constitutional right to culture. Living customary law, embedded in communities, entails a dynamic system of land rights which are negotiated in line with particular needs. Recent policy and legislative developments, however, seem to bolster rights of traditional authorities, thereby impacting on land rights and effectively negating spontaneous negotiation. Conceptual clarification in this contribution embodies the complexity linked to communal property, specifically land, in light of the aftermath of apartheid, the commencement of an all-encompassing land reform programme and the operation of a dual legal system comprising customary law and Western-style legal paradigms. The challenges and opportunities for law reform are explored in this context of inter-connectedness of customary law and communal property.
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Calabresi, Steven Gow. "Conclusion The American and Westminster Models." In The History and Growth of Judicial Review, Volume 1. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780190075774.003.0012.

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This concluding chapter identifies the four major causes of the growth and origin of judicial review in the G-20 common law countries and in Israel. First, the need for a federalism umpire, and occasionally a separation of powers umpire, played a major role in the development of judicial review of the constitutionality of legislation in the United States, in Canada, in Australia, in India, and most recently in the United Kingdom. Second, there is a rights from wrongs phenomenon at work in the growth of judicial review in the United States, after the Civil War; in Canada, with the 1982 adoption of the Canadian Charter of Rights and Freedoms; in India, after the Indira Gandhi State of Emergency led to a massive trampling on human rights; in Israel, after the Holocaust; in South Africa, after racist apartheid misrule; and in the United Kingdom, after that country accumulated an embarrassing record before the European Court of Human Rights prior to 1998. This proves that judicial review of the constitutionality of legislation often occurs in response to a deprivation of human rights. Third, the seven common law countries all borrowed a lot from one another, and from civil law countries, in writing their constitutions. Fourth, and finally, the common law countries all create multiple democratic institutions or political parties, which renders any political attempt to strike back at the Supreme Court impossible to maintain.
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"Legislation." In South Africa and the Law of the Sea. Brill | Nijhoff, 2011. http://dx.doi.org/10.1163/ej.9789004210059.i-534.78.

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Samson, Marika Giles. "Classifying Law as Criminal in Apartheid South Africa." In Ideology and Criminal Law. Hart Publishing, 2019. http://dx.doi.org/10.5040/9781509910847.ch-006.

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