Re-establishing the UN Special Committee Against Apartheid, this time in respect of the State of Palestine
Posted: 26 November, 2024 Filed under: Jaymion Hendricks, Yeabsira Teferi | Tags: apartheid, Committee on the Elimination on Racial Discrimination, discriminatory practices, International Convention on the Elimination of Racial Discrimination, International Court of Justice, international law, military checkpoints, Occupied Palestinian Territory, oppression, racial segregation, roadblocks, Rome Statute, Special Committee against Apartheid, State of Israel, this time in respect of the State of Palestine, unlawful Leave a comment
Author: Jaymion Hendricks
Legal Advisor, International Law
In its landmark advisory opinion on 19 July 2024, the International Court of Justice (“ICJ”/ “the Court”) held that the State of Israel’s continued presence in the Occupied Palestinian Territory (OPT) is unlawful under international law. Of particular importance was the Court’s finding that Israel is violating Article 3 of the International Convention on the Elimination of Racial Discrimination (‘CERD’), which holds that “States Parties particularly condemn racial segregation and apartheid and undertake to prevent, prohibit and eradicate all practices of this nature in territories under their jurisdiction”.
Beyond Crisis: The State of Access to Information and the Internet for Rural Dwellers in South Africa
Posted: 1 July, 2024 Filed under: Ompha Tshamano | Tags: Access to Information, access to socio-economic rights, apartheid, ATI, digital communication, digital divide, digital technology, fundamental human rights, ICT, internet, post-apartheid, real-time information, right to access information, right to information, rural communities, social media, socio-economic underdevelopment, South Africa 7 Comments
Author: Ompha Tshamano
Project Associate, Centre for Human Rights, University of Pretoria
1 Overview
South Africa has a long history of socio-economic underdevelopment, largely resulting from the sustained effects of apartheid. Despite the end of apartheid, the position of rural communities in South Africa remains precarious, with limited access to resources and infrastructure. The creation of Bantustans during apartheid further exacerbated economic disparities amongst different racial groups, leading to poverty, inequality, and unemployment. Slow technological adoption and development in South African rural areas also contribute to limited access to information and restricted opportunities. This situation has resulted in the maintenance of the status quo, with socio-economic underdevelopment and inequality continuing to be major challenges in post-apartheid South Africa. In this context, this article seeks to critically examine the state of access to information for rural dwellers in South Africa and the initiatives being taken to improve this situation.
South Africa at 30: Navigating the legacy of policy versus lived realities
Posted: 10 June, 2024 Filed under: Naledi Joyi | Tags: apartheid, coalition government, community development, democracy, democratic principles, economic empowerment, education, equality, freedom, historical injustices, human rights violations, justice, pit toilets, serious crimes, socio-economic challenges, South Africa, structural inequalities, sustainable peace, violence 1 Comment
Author: Naledi Joyi
Gender Officer, Centre for the Study of Violence and Reconciliation
After three decades of democracy, South Africa stands at a crossroads grappling with the interplay between policy aspirations and lived realities of the majority of the black population. The country boasts one of the most progressive constitutions globally because it is based on equality, freedom and justice. Yet the lived realities of its citizens leave one asking ‘what good is a constitution if it cannot be implemented?’. Although policies to address historical injustices and structural inequalities have been developed, implementation has been a challenge leaving many of the previously disadvantaged populations still disadvantaged, resulting in the country being dubbed the most unequal society in the world, with the rich getting richer and poor getting poorer. The country’s identity is closely linked with violence, entrenched in the legacy of apartheid, which used violence as a method of control.
The Status of Citizenship for Black Women in Post-Apartheid South Africa
Posted: 13 May, 2024 Filed under: Lesego Sekhu, Sinqobile Makhathini | Tags: African feminists, African women, apartheid, “face of poverty”, black women, discrimination, economic exploitation, heteropatriarchal systems, historical injustices, inequality, national oppression, post-colonial identity, racial division, South Africa, unemployment, women's rights 1 Comment |
Author: Lesego Sekhu Research Assistant, Centre for the Study of Violence and Reconciliation |
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Author: Sinqobile Makhathini Research Assistant, Centre for the Study of Violence and Reconciliation |
As we reflect on the celebration of International Women’s Month in March and motion towards the upcoming 2024 elections, which will be held on 29 May 2024, it is a significant time to critically reflect on Black women’s citizenship and positionality in post-apartheid South Africa.
Brief history
Historically, Black people have experienced second-class citizenry within the social, economic, and political landscape of South Africa. During apartheid, racial division was the primary strategy of ‘otherness’ that was exemplified by racialised citizen status that was reserved for white races, while the Black majority were systemically excluded from the imagination of the state. Equally, gender played a role in the divisions of labour, access to resources, and experiences of systematic violence that show apartheid as equal parts racial and equal parts gendered.
Is southern Africa entering its own ‘War on Terror’?
Posted: 6 July, 2021 Filed under: Marko Svicevic | Tags: acts of terrorism, Al-Qaeda, Angola, Ansar al-Sunna, apartheid, Cabo Delgado, conflict, DRC, extremism, foreign fighters, ISIS, Lesotho, military, Mozambique, Namibia, SADC, SADC Deployment, SADC interventions, SADC Standby Force Mission to Mozambique, SADC Summit, South Africa, Southern African Development Community (SADC), Southern African Development Coordination Conference, Tanzania, terror, terrorists, violent extremism, war, war on terror Leave a comment
Author: Marko Svicevic
Post-doctoral research fellow, South African Research Chair in International Law (SARCIL), University of Johannesburg
What the proposed SADC deployment in Mozambique means for the sub-region
Leaders of the Southern African Development Community (SADC) met again on 23 June 2021 in Maputo to discuss the expanding insurgency in northern Mozambique. It’s the first time the Summit has met since a technical assessment to Mozambique recommended a 3000 strong military deployment. In a communique issued following the meeting, the SADC Summit – its highest decision-making body – endorsed the recommendations made by the technical assessment and approved a mandate for the SADC Standby Force Mission to Mozambique.
From domestic grievances to terrorist acts and foreign aggression
Now approaching its fourth year, the conflict in Mozambique has raged across Cabo Delgado, its northern most province neighboring Tanzania. Initially, the Mozambican government seemed to brush off the violence as local criminality. In the last year and a half however, it has consistently re-framed this narrative as one of ‘foreign aggression.’ Both arguments have merit; there is ample research to suggest the drivers of the conflict are placed with a sense of neglect by the government together with high levels of poverty and unemployment. At the same time, the conflict is being internationalised with some evidence of foreign fighters joining the ‘insurgency’, which has since become known as Ansar al-Sunna. Further yet, the group’s pledge of allegiance to the Islamic State (IS) in 2019 and the US designation of ‘ISIS-Mozambique’ as Specially Designated Global Terrorists may be playing into Maputo’s newfound narrative: that the conflict is not rooted in domestic issues but constitutes an act of aggression against Mozambique’s sovereignty.
Enforcement of lockdown regulations and law enforcement brutality in Nigeria and South Africa
Posted: 23 June, 2020 Filed under: Folasade Abiodun, Mary Izobo | Tags: accountability mechanisms, apartheid, coronavirus, COVID-19, enforcement officials, human rights violations, lawlessness, lockdown, lockdown regulations, medical facilities, Nigeria, pandemic, public health, public health interest, right to freedom of assembly, South Africa, use of force 2 Comments
Author: Mary Izobo and Folasade Abiodun
(An earlier version of this article was published by Daily Maverick)
Since January 2020, COVID-19 pandemic, has held the world to ransom and has posed a threat to public health. It has put a lot of pressure on available medical facilities with a record of more than 9 million persons infected and more than 470 000 deaths globally with numbers set to increase. In order to stop the spread of the coronavirus, several countries are taking measures such as the closure of airports, seaports and land borders, isolation and quarantining of persons, banning of religious, sporting and social gatherings, closure of schools and universities, restaurants, public spaces and complete or partial ‘lockdown’ of some countries. The lockdown of countries entails complete restriction of movement as the virus is transmitted through direct contact with infected persons or surfaces. Some of these measures as well as their enforcement , have implications on the right to freedom of movement, the right to freedom of association and the right to freedom of assembly.
20 years after the TRC: Are we any the better?
Posted: 18 August, 2016 Filed under: Thabang Mokgatle | Tags: African Charter on Democracy, Amnesty Committee, apartheid, conflict, Constitutional Court of Uganda, Desmond Tutu, El Salvador, Human Rights Violations Committee, justice, Khulumani Support Group, maximalists, minimalists, Mpho Tutu, Patricia Campbell, peace, pragmatics, rainbow nation, reconciliation, Reparation and Rehabilitation Committee, retribution, rule of law, social intervention, South Africa, survivors, TRC, truth, Truth and Reconciliation Commission, Tshepo Madlingozi, victims 3 Comments 
Author: Thabang Mokgatle
Candidate Attorney, Rushmere Noach Incorporated, Port Elizabeth, South Africa
“We are looking to maintain not retribution but reparation; we are seeking room for humanity rather than revenge”
– Desmond Tutu, First hearing of the TRC in April 1996
15 April 2016 marked the twentieth anniversary since the Truth and Reconciliation Committee (TRC) first commenced in South Africa. In reflecting on the occasion, the words of Desmond Tutu above quoted have unveiled two pertinent questions: Did post-apartheid South Africa, in 1996, require a moment for justice or for reconciliation? Would the pursuit of the former in the first instance, not have led to the achievement of the latter? There is a growing sense that in prioritising the ‘rainbow nation’, the TRC substantially undermined the realisation of justice (institutional justice through the court system). Victims of apartheid-era crimes have supposedly been short-changed, leaving much to be desired since the TRC first convened.
The right to happiness in Africa
Posted: 13 July, 2016 Filed under: Saul Leal | Tags: Africa, apartheid, Christopher Mbazira, colonialism, constitution, David Bilchitz, economic development, Egypt, employment, Frederick Fourie, freedom, Ghana, Justice Albie Sachs, Leopold Sadar Senghor, Liberia, liberty, Namibia, Nigeria, racism, right to happiness, right to life, safety, security, South Africa, Steve Biko, Stu Woolan, Swaziland 3 Comments
Author: Saul Leal
Vice-Chancellor Postdoctoral Fellow, Institute for International and Comparative Law in Africa (ICLA)
Leopold Sedar Senghor said: emotion is African.[1] This emotion has been channeled to constitutions. Happiness is a core value in many African constitutions. It was explicitly mentioned in Liberia, Namibia, Ghana, Nigeria, Swaziland, and Egypt.
Article 1 of the Constitution of Liberia, 1986, proclaims that all free governments are instituted by the people’s authority, for their benefit, and they have the right to alter and reform it when their safety and ‘happiness’ require it.[2] The preamble of the Egyptian Constitution, 2014, cites ‘a place of common happiness for its people’. The Namibian Constitution, 1990, assures the right ‘to the pursuit of happiness’. In this regard, Frederick Fourie defends the preamble of the Namibian Constitution, explaining that it is coloured by the struggle against colonialism and racism; that it is built around the denial of the ‘right of the individual life, liberty and the pursuit of happiness’ by colonialism, racism and apartheid.[3]
The tragic dialectic between happiness and apartheid
Posted: 21 June, 2016 Filed under: Saul Leal | Tags: apartheid, Barnett Potters, Constitution of South Africa, democracy, discrimination, freedom, happiness, Hendrik Verwoerd, human dignity, human rights, inequality, non-racialism, non-sexism, policy of separate development, prejudice, racism, right to happiness, sadism, segregation, Steve Biko, superiority 3 CommentsAuthor: Saul Leal
Vice-Chancellor Postdoctoral Fellow, Institute for International and Comparative Law in Africa (ICLA)
Some political speeches announce tragedies. In South Africa, the tragedy was announced during a radio broadcast on 17 March 1961, when the people heard the following statement: “The policy of separate development is designed for happiness, security, and stability (…) for the Bantu as well as the whites”. It was the first phrase proclaimed by the Prime Minister of the Union of South Africa, Hendrik Verwoerd, in his Address to the Nation. The policy of separate development would prove to be a scandalous euphemism. Verwoerd continued to promise that “we shall provide all our races with happiness and prosperity”.[1] Verwoerd would become known as “the architect of apartheid”.
The South African Governor-General was Supreme Chief in the Transvaal up until 1956. At that time, Cape Africans were considered too advanced to be treated as an underclass. Elizabeth Landis, an American expert on Southern Africa affairs, explains that the government had to change this consideration, with the explanation that ‘if we want to bring peace and happiness to the Native population (…) then we cannot do otherwise than to apply this principle which has worked so effectively in the other three provinces, to the Native population of the Cape as well (…)”.[2] Happiness therefore becomes a scapegoat.
Biko and the right to happiness
Posted: 24 March, 2016 Filed under: Saul Leal | Tags: apartheid, Biko's legacy, black consciousness, Black Consciousness Movement, civil society, collective, Constitution of South Africa, democracy, equality, freedom, judicial system, material goods, one man one vote, onstitutionalism, plural society, right to happiness, South Africa, spiritual poverty, Stephen Bantu Biko, struggle 7 CommentsAuthor: Saul Leal
Vice-Chancellor Postdoctoral Fellow, Institute for International and Comparative Law in Africa (ICLA)
Stephen Bantu Biko occupies a singular place in South African history, precisely because of the manner in which his legacy affected South African constitutionalism.
Biko fought for equal treatment under the law, and proudly founded the Black Consciousness Movement in order to achieve this goal. Biko engaged in a fearless debate related to the victims of racism and colonialism which encompassed the degradation of self-esteem and the inflicted inferiority complex of black South Africans. Biko’s struggle against white authority in order to promote and defend democracy has left a legacy of ideas which would influence future South African generations, including the sentiment of “one man, one vote”.
In 1970, Steve Biko stated that “in order to achieve real action you must yourself be a living part of Africa and of her thought; you must be an element of that popular energy which is entirely called forth for freeing, the progress and the happiness of Africa”.[1] At the time, Biko was a doctoral student and political activist. He was arrested in August 1977. Biko was kept naked and manacled, and died twenty-five days later from brain damage.
Biko envisioned a more inclusive and deeper interpretation of democracy, as opposed to its purely material application. For him, “material want is bad enough, but coupled with spiritual poverty it kills. And this latter effect is probably the one that creates mountains of obstacles in the normal course of emancipation of the black people”.[2]
AfricLaw 