Relevant bibliographies by topics / Human rights – South Africa – Bophuthatswana

Contents

  1. Journal articles
  2. Dissertations / Theses
  3. Books
  4. Book chapters
  5. Conference papers
  6. Reports

Academic literature on the topic 'Human rights – South Africa – Bophuthatswana'

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Published: 4 June 2021
Last updated: 6 February 2022

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Journal articles on the topic "Human rights – South Africa – Bophuthatswana"

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Khunou, Freddie S. "Traditional Leadership and Independent Bantustans of South Africa: Some Milestones of Transformative Constitutionalism beyond Apartheid." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 12, no. 4 (2017): 80. http://dx.doi.org/10.17159/1727-3781/2009/v12i4a2741.

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The institution of traditional leadership represents the early form of societal organisation. It embodies the preservation of culture, traditions, customs and values. This paper gives a brief exposition of the impact that the pre-colonial and colonial regimes had on the institution of traditional leadership. During the pre-colonial era, the institution of traditional leadership was a political and administrative centre of governance for traditional communities. The institution of traditional leadership was the form of government with the highest authority. The leadership monopoly of traditional leaders changed when the colonial authorities and rulers introduced their authority to the landscape of traditional governance. The introduction of apartheid legalised and institutionalised racial discrimination. As a result, the apartheid government created Bantustans based on the language and culture of a particular ethnic group. This paper asserts that the traditional authorities in the Bantustans of Transkei, Bophuthatswana, Venda and Ciskei seemed to be used by the apartheid regime and were no longer accountable to their communities but to the apartheid regime. The Bantustans’ governments passed various pieces of legislation to control the institution of traditional leadership, exercised control over traditional leaders and allowed them minimal independence in their traditional role. The pattern of the disintegration of traditional leadership seemed to differ in Transkei, Bophuthatswana, Venda and Ciskei. The governments of these Bantustans used different political, constitutional and legal practices and methods to achieve this disintegration. The gradual disintegration and dislocation of the institution of traditional leadership in these four Bantustans led to the loss of valuable knowledge of the essence and relevance of the institution of traditional leadership. One of the reasons for this anomaly emanated from the fact that undemocratic structures of government were established, commonly known as traditional authorities. More often than not these traditional institutions were mere puppet institutions operating on behalf of the Bantustan regime, granted token or limited authority within the Bantustan in order to extend the control of the Bantustan government and to curb possible anti-apartheid and anti-Bantustan-system revolutionary activity within traditional areas. The advent of the post-apartheid government marked the demise of apartheid and the Bantustan system for traditional leaders and the beginning of a new struggle for the freedom of the traditional authorities. This paper highlights changes brought about by the new constitutional dispensation in the institution of traditional leadership. The author demonstrates that the primary objective of the democratic government of South Africa in this regard is to transform the institution of traditional leadership and re-create the institution completely in line with the values and principles of the 1996 Constitution and democracy. The post-apartheid order rejects the old order as far as it is sexist, racist, authoritarian and unequal in its treatment of persons. All of the rules, principles and doctrines of the institution of traditional leadership apply in the new dispensation only in so far as they are rules, principles and doctrines that would survive the scrutiny of the present society when measured against their compliance with the requirements of human dignity, equality and freedom. The government has enacted democratic legislation intended to change the institution of traditional leadership and make it consistent with the 1996 Constitution. The institution of traditional leadership is obliged to ensure full compliance with the constitutional values and other relevant national and provincial legislation. The right to equality, including the prohibition of discrimination based on gender and sex, has an important impact on the institution of traditional leadership. For example, under the new constitutional dispensation women may become traditional leaders in their traditional communities, which is contrary to the old and long observed African customary rule of male intestate succession, which excluded women from succession to the position of traditional leadership. One of the remarkable features of the transformation of traditional leadership in South Africa is that gender equality has been progressively advanced. The inclusion of women in traditional government structures adds democratic value and credibility to the institution of traditional leadership, which for many years remained essentially male-dominated. The doctrine of transformative constitutionalism is well established in South Africa.
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Hund, John. "Scepticism About Human Rights in South Africa." South African Journal on Human Rights 5, no. 1 (1989): 26–36. http://dx.doi.org/10.1080/02587203.1989.11827758.

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Mureinik, Etienne, and Stephen Ellmann. "Emerging from Emergency: Human Rights in South Africa." Michigan Law Review 92, no. 6 (1994): 1977. http://dx.doi.org/10.2307/1289625.

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Baleta, Adele. "Health risks and human rights in South Africa." Lancet Infectious Diseases 7, no. 3 (2007): 185. http://dx.doi.org/10.1016/s1473-3099(07)70042-7.

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Singh, Jerome A. "Health research and human rights in South Africa." Lancet 363, no. 9418 (2004): 1393. http://dx.doi.org/10.1016/s0140-6736(04)16054-6.

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Thomas, Rosalind H. "Human rights and street children in South Africa." Development Southern Africa 11, no. 2 (1994): 205–15. http://dx.doi.org/10.1080/03768359408439743.

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Brooks, D. H. M. "Albie Sachs on Human Rights in South Africa." South African Journal on Human Rights 6, no. 1 (1990): 25–35. http://dx.doi.org/10.1080/02587203.1990.11827795.

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BEUKES, E. P., and F. C. v. N. FOURIE. "Economic Rights in a Charter of Human Rights in South Africa?" South African Journal of Economics 56, no. 4 (1988): 187–97. http://dx.doi.org/10.1111/j.1813-6982.1988.tb01073.x.

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Jordaan, Eduard. "South Africa and Civil and Political Rights." Global Governance 25, no. 1 (2019): 171–97. http://dx.doi.org/10.1163/19426720-02501009.

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Abstract For constructivists, a state’s identity implies its preferences, interests, and resultant actions in international affairs, which is why constructivists expect democracies to support human rights internationally. This study examines South Africa’s record on civil and political rights at the UN Human Rights Council. While there is an element of anti-imperialism in South Africa’s identity that might help explain some of its actions, human rights remain important in South Africa’s self-understanding. Despite the presence of human rights in South Africa’s identity, at the Human Rights Council, South Africa’s actions have ranged from failing to uphold civil and political rights to supporting their restriction. A bifurcated national identity therefore diminishes the predictive power of a constructivist national identity approach.
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Little, Joseph W. "South Africa: human rights and the rule of law." International Affairs 65, no. 2 (1989): 375. http://dx.doi.org/10.2307/2622155.

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Dissertations / Theses on the topic "Human rights – South Africa – Bophuthatswana"

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Rosen, Desa. "Socio-economic rights as constitutional human rights : Canada, India and South Africa." Thesis, University of London, 2006. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.429140.

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Bungane, Mbulelo Shadrack. "South Africa's Human Rights Diplomacy in Africa : 1994-2008." Diss., University of Pretoria, 2013. http://hdl.handle.net/2263/43686.

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The study examines SA‟s human rights diplomacy in Africa and the selected countries, namely Libya, Nigeria, the Sudan and Zimbabwe during the presidencies of Presidents Mandela and Mbeki. When SA decided to follow an ethics based foreign policy, especially in the area of human rights, it joined a number of countries who had adopted a similar approach such the United States of America, the Netherlands and Australia. These countries have an established history of human rights diplomacy which is supported by institutional and policy frameworks. The study argues that although both presidents were committed to a human rights oriented foreign policy, due to constraints that they faced in the continent human rights issues were not consistently and concertedly pursued by them, especially following SA‟s 1995 engagement with Nigeria during the term of the Sani Abacha government. These constraints led to a major shift in SA‟s human rights diplomacy. This shift entailed a move away from unilateral action to reliance on multilateral forums to deal with human rights challenges; the development of continental norms and standards, as well as strengthening continental structures; and conflict resolution and post-conflict reconstruction and development in Africa. This shift became evident in the content of Departmental strategic plans, and reporting both internally and externally to oversight structures such as Parliament. Hardly any proactive plans were developed to address human rights issues in any of the individual countries. Reporting to Parliament also focused on developments at a multilateral level both at the UN and AU with little coverage of human rights issues in individual countries. The use of multilateral bodies such as the SADC to address human rights issues became more pronounced, the Zimbabwean crisis being the case in point. Despite the merits of the collective approach, its value is diminished if it is undertaken to the exclusion of bilateral engagements by South African diplomats in specific countries or if gross human rights violations are not raised in multilateral bodies. Similarly, the significance of the normative framework and requisite structures cannot be doubted, but because the results of these initiatives are only realisable in the medium to long term, this approach needs to be buttressed by bilateral diplomatic engagements. During the period from 1994 to 2008, SA also engaged in a number of conflict resolution and post-conflict reconstruction and development initiatives. These interventions averted human rights violations by securing peace as well as facilitating the development of constitutional and related frameworks to ensure the protection of human rights in the affected states. In conclusion, with the exception of Nigeria, SA hardly intervened on its own to intercede on behalf of victims of civil and political rights violations in any of the four states covered by the study. Its approach undermined its commitment to promote and protect human rights in the African continent.
Dissertation (MA)--University of Pretoria, 2013.
gm2015
Political Sciences
MA
Unrestricted
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Asmal, Kader. "Victims, survivors and citizens: human rights, reparations and reconciliation: inaugural lecture." University of the Western Cape Printing Department, 1992. http://hdl.handle.net/10962/69386.

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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
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Hay, Mark. "Ukubuyisana reconciliation in South Africa /." Theological Research Exchange Network (TREN), 1997. http://www.tren.com.

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Kalla, Tasneem. "The Criminalisation of Asylum Seekers: Arbitrary Detention in South Africa." Master's thesis, Faculty of Law, 2019. http://hdl.handle.net/11427/31414.

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This minor dissertation is a research paper on the use of arbitrary detention to criminalise asylum seekers in South Africa. After the democratic transition in 1994 South Africa became a leading destination for asylum seekers from across the African continent. South Africa’s post-apartheid immigration and refugee system were based on a human-rights approach and aimed at creating a culture of inclusion and tolerance. Despite a progressive Refugee Act, the most prominent aspect of the South African asylum system is its use of arbitrary detention as a form of immigration control. The goal of this research is to analyse the criminalisation of asylum seekers through arbitrary detention in South Africa. This is done through an analysis of the roles the Refugee Act and the Immigration Act play in the asylum process. In understanding the nexus between arbitrary detention and the deprivation of liberty, this research analyses the normative frameworks that inform international and South African legislation. The use of detention as an immigration tool has resulted in a cycle of criminalisation. The South African institutions and erroneous application of immigration laws has criminalised the act of seeking asylum - a universal human right. After an in-depth analysis of the asylum process in South Africa and how arbitrary detention has criminalised asylum seekers, this research discusses the alternatives to detention most applicable in the case of South Africa. The erroneous application of laws, politicization of asylum seekers and use of detention for administrative and deterrence reasons are the primary reasons for the unlawful detention of asylum seekers in South Africa. This research reveals that there are alternatives to the use of detention as the first port of call, this largely lies in the reform of the country’s implementation of refugee law. The progressive nature of the Refugee Act guarantees protection from arbitrary detention, by redressing the management of the asylum process and institutions, the Refugee Act can be better implemented to reflect the human-rights approach it embodies.
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Mbazira, Christopher. "Enforcing the economic, social and cultural rights in the South African Constitution as justicable individual rights: the role of judicial remedies." Thesis, University of the Western Cape, 2007. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_7448_1254751404.

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Judicial remedies are, amongst others, a vehicle through which respect, protection, promotion and fulfilment of human rights can be delivered to those who need them. A remedy is the perspective from which litigants judge either the success or failure of judicial decisions. Judicial remedies make the rights whole, they complete the justiciability of human rights because without them human rights remain statements of legal rhetoric. The nature of the remedies that the courts grant is not only based on the normative nature of the rights they seek to enforce. They are also influenced by factors such as the goals and objectives of judicial remedies as defined, amongst others, by the ethos of either corrective or distributive forms of justice. This thesis explored these factors and their impact on judicial remedies. Stress is put on the impact of the separation of powers doctrine, institutional competence concerns and on the forms of justice pursued by courts. The study is based on the judicial enforcement of the socio-economic rights protected in the South African 1996 Constitution. The research undertaken here was intended to guide scholars, legal practitioners and judicial officers who confront socio-economic rights issues as part of their daily work.

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Pejan, Ramin. "A reflection on international human rights non-governmental organizations' approach to promoting socio-economic rights : lessons from a South African experience." Thesis, McGill University, 2005. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=82667.

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This thesis, by reviewing a human rights project implemented by the Association for Water and Rural Development (AWARD), a South African based non-governmental organization (NGO), seeks to address the ongoing discussion regarding the role of international human rights NGOs in promoting socio-economic rights, adding a local perspective to this debate. It argues that international human rights NGOs working on socio-economic rights issues need to evaluate their approaches to promoting socio-economic rights, including their methodologies and strategies, and to engage more substantively with local NGOs concentrating on these issues. Namely, this thesis reviews a recent article written by Kenneth Roth, the Executive Director of Human Rights Watch (HRW), expressing HRW's views on promoting socio-economic rights. In order to support its main arguments, this thesis, using AWARD's human rights project, introduces a clear conceptual framework for economic and social rights that focuses on the right to water, and considers various methodological approaches for promoting socio-economic rights.
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Liedeman, Jamie-Lee. "Protecting foreign children within South African borders: an evaluation into unaccompanied and undocumented foreign minors in South Africa." Master's thesis, University of Cape Town, 2017. http://hdl.handle.net/11427/26953.

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The main objective of the study is to investigate which policies are already in place pertaining to unaccompanied, separated and migrant children in South Africa. Children migrate to South Africa from neighbouring countries as Mozambique and Zimbabwe but also from countries as far away as the Democratic Republic of South Africa, without their parents or guardians. South Africa has developed legal and policy measures for securing the rights of children. Are these measures consistent with existing international frameworks and standards? Also, to what extent are these policies being used to resolve the problems unaccompanied children face? Related to this question is the issue of implementation. The thesis considers how the responsible departments and state officials such as Magistrates, social workers, police officials and the Department of Home Affairs implement these policies. This minor dissertation would then make some recommendations to the South African government.
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Fabbriciani, Antonio Antonino. "Land reform policies and human rights : a South African case study." Thesis, Nelson Mandela Metropolitan University, 2007. http://hdl.handle.net/10948/502.

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This treatise begins with a discussion of different clauses of the Bill of Rights in the South African Constitution and the land reform policies of the South African government. The inequality and injustice caused by decades of apartheid land law forms the background of the land reform programme. The treatise addresses the consequences of this legacy on the implementation of the South African Constitution including the right to property. The discussion includes the three key elements of the land reform programme namely restitution, redistribution and tenure reform. The content of this treatise ranges over these three elements of land reform, applying constitutional issues to the relevant case law, The balancing and the reconciliation of rights and interest between the individual and the public in a just manner will be the barometer. The conclusion shows that the Constitution both protects existing rights and authorises the promotion of land reform within the framework of Section 25 of the Constitution, and that every aspect of the property clause has to be regarded as part of a constitional effort in balancing individual interest and public interest in terms of a constitutional order. It is my sincere hope that this treatise will contribute toward the achievement of equity, stability and by the values of an open and democratic society based on human dignity, freedom and human rights.
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De, Blois Myriam. "Land and housing rights in South Africa and their compatibility with international human rights norms." Thesis, McGill University, 1995. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=22692.

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The April 1994 elections in South Africa, which witnessed the ANC gain a determinant majority in national government, shifted the struggle in that country from national liberation and enfranchisement to economic empowerment for the black majority. The South African Government, facing millions of restitution of land claims and a national demand for effective access to land and adequate housing, has had to elaborate concrete legal implementation mechanisms to deliver land and housing for the majority of the population. Constitutionalism, through the entrenchment of land rights in a bill of rights, and the creation of a national socio-economic program to meet the basic needs of landless and homeless South Africans (Reconstruction and Development Program or RDP), have been the methods favored by the Government of National Unity (GNU) to address land and housing issues in the new South Africa. Strong pressure has been put on Mandela's Government to bring about fundamental economic and social transformation. The GNU presently has the responsibility to ensure a speedy advance with its programs of housing and land redistribution and restitution. The international instruments on economic and social rights have inspired Chapter 3 of the Interim Constitution, which contains a Bill of Rights, as well as the drafting of the Reconstruction and Development Program. Although these two national legal documents guarantee substantial economic and social rights, the difficulty that lies ahead is the establishment of a process to implement these entitlements. The socio-economic transformation that will take place in South Africa in the coming years will serve as a test-case and will hopefully encourage legal scholars and practitioners to become more sensitive to the importance of designing delivery mechanisms for these rights. With the high level of expectations and violence experienced in South Africa's rural and urban areas, a great deal is at stake in relation to land reform and t
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Books on the topic "Human rights – South Africa – Bophuthatswana"

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Kumar, Ramesh. Human rights in South Africa. Golden Valley Publications, 2013.

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Albie, Sachs. Advancing human rights in South Africa. Oxford University Press, 1993.

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Albie, Sachs. Advancing human rights in South Africa. Oxford University Press, 1992.

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Dlamini, C. R. M. Human rights in Africa: Which way South Africa? Butterworth, 1995.

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The humanist imperative in South Africa. Sun Press, 2011.

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South Africa's struggle for human rights. Jacana, 2012.

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South Africa's struggle for human rights. Jacana, 2012.

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Protecting human rights in a new South Africa. Oxford University Press, 1990.

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Chalk, Frank, and Myra Immell. South Africa. Greenhaven Press, a part of Gale, Cengage Learning, 2014.

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Tsotsi, W. M. Human rights in the homelands of South Africa. Institute of Southern African Studies, National University of Lesotho, 1992.

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Book chapters on the topic "Human rights – South Africa – Bophuthatswana"

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Hallowes, David. "New Constitutional Order, Rights and Environmental Justice in South Africa." In Human Rights in Africa. Palgrave Macmillan US, 2019. http://dx.doi.org/10.1057/978-1-137-51915-3_3.

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Sahle, Eunice N., Mary Galvin, Benjamin Pierce, and Kara Todd. "The UN’s Human Right to Water in the Context of New Water Governance Regimes in South Africa and Tanzania." In Human Rights in Africa. Palgrave Macmillan US, 2019. http://dx.doi.org/10.1057/978-1-137-51915-3_10.

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Jordaan, Eduard. "Country-specific human rights situations." In South Africa and the UN Human Rights Council. Routledge, 2019. http://dx.doi.org/10.4324/9780429465932-3.

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Dreyer, Jaco S., and Garth Aziz. "Religion and Socioeconomic Rights among the Youth of South Africa." In Religion and Human Rights. Springer International Publishing, 2020. http://dx.doi.org/10.1007/978-3-030-30934-3_3.

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Oloruntoba, Albert O. "Theatre and Human Rights in Africa: Historical and Literary Representations in South Africa." In The Art of Human Rights. Springer International Publishing, 2019. http://dx.doi.org/10.1007/978-3-030-30102-6_9.

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Schaffer, Kay, and Sidonie Smith. "Truth, Reconciliation, and the Traumatic Past of South Africa." In Human Rights and Narrated Lives. Palgrave Macmillan US, 2004. http://dx.doi.org/10.1057/9781403973665_4.

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Jordaan, Eduard. "Civil and political rights." In South Africa and the UN Human Rights Council. Routledge, 2019. http://dx.doi.org/10.4324/9780429465932-5.

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Jordaan, Eduard. "The West, liberal order, and human rights." In South Africa and the UN Human Rights Council. Routledge, 2019. http://dx.doi.org/10.4324/9780429465932-2.

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Jordaan, Eduard. "Economic rights and the right to development." In South Africa and the UN Human Rights Council. Routledge, 2019. http://dx.doi.org/10.4324/9780429465932-7.

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Sachs, Albie. "Art and Human Rights in the Constitutional Court of South Africa." In Visual Imagery and Human Rights Practice. Springer International Publishing, 2018. http://dx.doi.org/10.1007/978-3-319-75987-6_12.

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Conference papers on the topic "Human rights – South Africa – Bophuthatswana"

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Едреев, Тамерлан Шайх-Магомедович. "COUNTRY DIFFERENCES IN HOUSING RIGHTS: A COMPARATIVE ANALYSIS." In Наука. Исследования. Практика: сборник избранных статей по материалам Международной научной конференции (Санкт-Петербург, Декабрь 2020). Crossref, 2021. http://dx.doi.org/10.37539/srp294.2020.40.38.019.

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Каждый имеет право на жилище. Никто не может быть произвольно лишен жилища. В статье проанализированы особенности реализации универсального права человека на жилище в отдельных странах (на примере Нидерландов и ЮАР), принадлежащих к разным правовым семьям. Everyone has the right to housing. No one can be arbitrarily deprived of their home. The article analyzes the features of the implementation of the universal human right to housing in individual countries (on the example of the Netherlands and South Africa) belonging to different legal families.
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Reports on the topic "Human rights – South Africa – Bophuthatswana"

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Everett, Michael. Reconciliation in South Africa: Addressing Apartheid Era Human Rights Violations. Defense Technical Information Center, 1999. http://dx.doi.org/10.21236/ada385901.

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