En tant que soutien à la participation et à l’inclusion, le fauteuil roulant constitue un objet d’étude intéressant pour comprendre l’expérience quotidienne des personnes en situation de handicap physique. Cet article s’intéresse dès lors au fonctionnement du fauteuil, à ses déplacements, et à la fac¸ on dont le fauteuil influence l’identité individuelle de son utilisateur. À partir d’une ethnographie de dix-huit mois dans un township coloured du Cap (Afrique du Sud), cette approche du fauteuil roulant mobilise une lecture relationnelle et (...) intersectionnelle de la citoyenneté. Définie largement comme la relation à son corps, à son environnement, à ses proches, et à l’État, la citoyenneté est dès lors expérimentée à travers un réseau de relations sociales, institutionnelles et matérielles. En fin de compte, une telle approche soulève des questions bien plus larges autour de l’inclusion, de l’appartenance, et de la stigmatisation. Après une présentation du contexte de la recherche, trois sections de l’article examinent respectivement les concepts de citoyenneté active, citoyenneté moderne et droit à la ville. La conclusion revient quant à elle sur les apports d’une telle approche dans les études sur le handicap et en Afrique du Sud. (shrink)

The tendency for abstract theorists of democratization to overlook gender dynamics is perhaps exacerbated in the South African case, where racial inequality is obviously key. Yet, attention to the processes through which South African activists inserted gender issues into discussions about how to construct new institutions provides an unusual prism through which to explore the gendered character of citizenship. After providing an explanation for the unusual prominence of gender concerns in South Africa's democratization, the article argues that (...) during the drawn-out democratic transition, South African activists, often influenced by international feminist discussions, developed a collective definition of gender interests and began to build those interests into the structure of democratic institutions, in ways that will affect politics and the definition of “women's interests” in the future. (shrink)

This article proposes a 'fusion of horizons' in constructing urban public theologies in South Africa. This is done through the introduction of five interrelated themes that have emerged from the on-going knowledge and idea production by a distinguishable counterpoint in contemporary scholarly, intellectual and activist engagement with the urban, in the authors' own South African context but also wider internationally. In advancing a praxis-agenda for urban public theology, the authors subsequently identify the following, albeit not exhaustive, themes: southern (...) urbanisms and the factor of unprecedented urban migration; 'right to the city' and urbanisation from below; a reclaiming of the commons; the making of 'good cities'; and actors of faith in relation to urban social life. (shrink)

Practitioners of education in South Africa (SA) struggle painfully between the extremes of its authoritarian and deeply religious roots that prescribe blind obedience to people in authority and their elders, and the demands of open-mindedness, critical thinking and also solidarity required for democratic citizenship. A particular pedagogy was used with some 400 student teachers to investigate philosophically the rights and wrongs of corporal punishment in schools. This article justifies the use of this particular approach to moral education ? despite (...) its ?Western? liberal roots ? in post-apartheid SA as it opens up a non-judgemental space to explore philosophically what students actually believe. Without moralising or slipping into moral relativism, such philosophical teaching increases student participation, autonomy and self-discipline, and at the same time develops moral reasoning and moral knowledge. Hence, it needs to be introduced as a pedagogy in institutions that educate future teachers. (shrink)

This article is an exploration of the social phenomenon of the coloniality of being and universal desires. It examines how coloniality became ingrained in a new form of global consciousness of capitalist aesthetics of consumption, and how from the convergence of globalized electronic capitalism, pervasive global advertisement and consumerism, universal desires were created for a colonized global audience. Many questions arise on agency, citizenship, territoriality and rights of these global audiences. In this global landscape, place making and the right (...) to the city have to be questioned from a new global perspective of coloniality, race and gender, not from the usual perspective of subaltern groups, but from within the centre of Euro-American Eurocentric society. (shrink)

The article discusses the key stages of the development of ‘disability studies’. Public awareness of the problems of inclusion, as overcoming social inequality, is in the stage of formation in Ukraine and needs a socio-philosophical implementation. he main purpose of the article is to analyze the problem of social space of the city, which is convenient for the life of citizens with different set of opportunities, and the expediency of including disability as a social phenomenon in the broad philosophical (...) context of study. The field of thinking about the city in the study is outlined in the following concepts: the right to the city, the urban space for human development, social communications and the just principles of being. It is important to understand the vector of the development of the socio-cultural field of the city in terms of overcoming the "soulless indifference" (bliss) and for the development of communication between the citizens. The novelty of the work is determined by the rationale for the transformation of traditional disability models in modern conditions of social development. The relevance of the study is associated with the complexity of the phenomenon of disability, insufficient knowledge of the factors and problems of inclusion of people with special needs in society. With the growing number of people with disabilities in society, the problem of developing a culture of disability becomes urgent, the low level of which should be considered a challenge. A culture of disability implies a mutual desire of people with disabilities and society to move towards each other. The practical aspect of the research is related to the need for change of social consciousness, inclusion of persons with disabilities in the social space, development of social competences of people with disabilities and transformation of these people from the object of social assistance into an active subject and participant of the processes taking place in society., implementation of projects based on justice and citizenship. (shrink)

Marketing restrictions to promote public health invoke competing rights, including the right to free commercial speech which for-profit entities use to protect their freedom to market products without undue regulation. The right to free commercial speech in South Africa has been developed through case law since the adoption of the first democratic constitution in South Africa in 1996. This article examines the impact of this recent judgment and the lessons for policy makers to ensure effective regulation (...) of marketing practices in South Africa. (shrink)

The Routledge Handbook of Philosophy of the City is an outstanding reference source to this exciting subject and the first collection of its kind. Comprising 40 chapters by a team of international contributors, the Handbook is divided into clear sections addressing the following central topics: -/- • Historical Philosophical Engagements with Cities -/- • Modern and Contemporary Philosophical Theories of the City -/- • Urban Aesthetics -/- • Urban Politics -/- • Citizenship -/- • Urban Environments and the (...) Creation/Destruction of Place. -/- The concluding section, Urban Engagements, contains interviews with philosophers discussing their engagement with students and the wider public on issues and initiatives including experiential learning, civic and community engagement, disability rights and access, environmental degradation, professional diversity, social justice, and globalization. -/- Essential reading for students and researchers in environmental philosophy, aesthetics, and political philosophy, The Routledge Handbook of Philosophy of the City is also a useful resource for those in related fields, such as geography, urban studies, sociology, and political science. (shrink)

The South African government announced the much-discussed stay-at-home order between March 27 and April 30, 2020, during what was known as lockdown level 5, which meant that citizens were not allowed to leave their homes. The objective of this study is to assess the stay-at-home order against the global principles of the UDBHR. It is deducible that, in reference to the UDBHR, the government possessed the right to curtail individual liberty, thereby not infringing on Article 5 of the (...) UDBHR and therefore, in this context, passes the test of the UDBHR. However, it remains uncertain at present whether the limitation of freedom imposed by the South African stay-at-home order was successful in controlling the spread of COVID-19 and protecting individuals from harm. Initial investigations also indicate that individuals who are particularly vulnerable may not have received equitable treatment in accordance with the principle outlined in Article 10, therefore, it can be cautiously and modestly argued that the stay-at-home order does not withstand scrutiny when assessed against the UDBHR. Given the continued discussion about the efficacy of limiting freedom to control the spread of COVID-19, and the growing conviction that the advancement of justice is being called into question, the notion of least restriction ought to be considered seriously. Ten Have (2022) is correct in asserting that global bioethics should also seriously consider other principles beyond an almost exclusive focus on limiting individual freedom. The preliminary conclusion is that the potential implementation of the stay-at-home order in the future must be seriously reconsidered. (shrink)

What is virtuous citizenship? Is it possible to be a virtuous citizen whatever the form of one's state? Is it possible to be a virtuous citizen in the new South Africa? In this article I defend some Republican ideas on civic virtue and popular sovereignty, especially as found in the writings of Jean-Jacques Rousseau, to suggest that popular sovereignty is a necessary condition for active and virtuous citizenship. For it is only under conditions of popular sovereignty that the (...) class='Hi'>right kind of political agency is possible. I discuss these ideas in the context of modern constitutional democracies, and argue that constitutional democracy in South Africa is not an instance of popular sovereignty and thus does not provide the possibility for virtuous citizenship. I end the article with a proposal for addressing these deficiencies: effective citizen control over the constitution by means of a decennial plebiscite—a carnival of citizenship. (shrink)

South Africa’s groundbreaking constitution explicitly confers a right of access to sufficient water. But the country is officially ‘water-stressed’ and around 10 % of the population still has no access to on-site or off-site piped or tap water. It is evident that a disconnect exists between this right and the reality for many; however the reasons for the continuation of such discrepancies are not always clear. While barriers to sufficient water are myriad, one significant factor contributing to (...) insufficient and unpredictable access to water is the high percentage of broken water pumps. Previous studies have reported that between 20 and 50 % of all hand operated water pumps installed on the African continent are broken, or out of use. Monitoring and maintenance of pumps, which in South Africa is the responsibility of local municipalities is often ineffective, in part due to the distances between municipal centres and rural communities and the consequent costs of site visits, as well as breakdowns within the local bureaucratic system. The emergence of new telemetry tools that can remotely monitor water applications constitutes a novel and cost-efficient alternative to undertaking regular sites visits. Sustainable, appropriate, low-cost telemetry systems are emerging that could be used to monitor the operational performance of water pumps, or a wide range of other field parameters, and to communicate this information swiftly and cheaply to water service providers, using SMS messages. Data on the performance of water pumps could also be made available to the public online. This is an example of how ICT can be used for water resources management and environmental regulation, as well as in the governance of socio-economic rights: helping to optimize water allocation by improving communication and strengthening accountability. (shrink)

In the past decade, significant social movements emerged in South Africa, in response to specific urban challenges of injustice or exclusion. This article will interrogate the meaning of such urban social movements for theological education and the church. Departing from a firm conviction that such movements are irruptions of the poor, in the way described by Gustavo Gutierrez and others, and that movements of liberation residing with, or in a commitment to, the poor, should be the locus of our (...) theological reflection, this article suggests that there is much to be gained from the praxis of urban social movements, in disrupting, informing and shaping the praxis of both theological education and the church. I will give special consideration to Ndifuna Ukwazi and the Reclaim the City campaign in Cape Town, the Social Justice Coalition in Cape Town, and Abahlali baseMjondolo based in Durban, considering these as some of the most important and exciting examples of liberatory praxes in South Africa today. I argue that theological education and educators, and a church committed to the Jesus who came ‘to liberate the oppressed’, ignore these irruptions of the Spirit at our own peril. (shrink)

Background. South Africa (SA) currently has a golden opportunity to legislate on human heritable genome editing (HHGE), as the country is revising its assisted reproductive technology regulations. A set of sub-regulations that deals with HHGE, which could seamlessly slot into the current regulations, has already been developed. The principles underlying the proposed set of sub-regulations are as follows: HHGE should be regulated to improve the lives of the people and should not be banned; the well-established standard of safety and (...) efficacy should be used in the regulation of HHGE; quality of life is what matters, and not preserving a ‘normal’ genome; parents’ reproductive autonomy must be respected; and equality of access to approved HHGE technology should be promoted. Objectives. To ascertain whether the proposed set of sub-regulations that deals with HHGE is aligned with public opinion in SA, and SA’s Bill of Rights. Methods. Public opinion in SA is determined with reference to a deliberative public engagement study on HHGE conducted among South Africans, and the relevant rights in the Bill of Rights are interpreted with reference to recent case law. Results. This proposed set of sub-regulations that deals with HHGE is aligned with public opinion in SA, and SA’s Bill of Rights. Conclusion. Despite the legal and ethical complexities of HHGE, the proposed set of sub-regulations provides a targeted and effective legislative approach. They fit seamlessly into the country’s existing health law framework, creating specific legal standards for HHGE that align with both public opinion and the country’s Bill of Rights. (shrink)

South Africa's 1996 Constitution promises a measure of ‘social citizenship’ alongside formal political and legal equality. South Africa's public welfare and social policies may be less effective in ensuring social citizenship, through reducing insecurity and inequality, than those of the more established democracies, but they are far more effective than those of other ‘developing’ countries. The origins of social citizenship in South Africa lie in the early and mid-1940s, when the state first assumed responsibility for the welfare, (...) broadly understood, of all South Africans. The most significant achievement was the introduction of a universal old-age pension system. The importance of these initiatives has been largely overlooked. This has been in part because later scholars largely ignored the heterogeneity of liberal thought in South Africa in the mid-twentieth century, as followers of the ‘New Liberalism’ broke with the classical liberalism of John Stuart Mill and argued for a range of state interventions in social and economic life. In South Africa, as elsewhere, the Second World War provided a context in which revised liberal thought gave rise to major policy reforms, some of which were to survive even the election of a National Party government in 1948. (shrink)

South Africa implemented a comprehensive response to COVID-19 comprising of several coercive public health measures. As in many countries, COVID-19 measures were subject to a number of legal challenges on the grounds that these measures infringed on individual rights and liberties. Here, courts were required to assess the extent to which these limitations were justifiable against the state’s imperative to improve public health. Consequently, the acceptability of different justifications of coercive public health measures during the COVID-19 pandemic in (...) class='Hi'>South Africa may be understood and assessed through the lens of its jurisprudence. This paper seeks to outline the approach to allowing, or disallowing, coercive public health measures as adopted by the judiciary as arbiters of allowable human rights infringements and thus permitting or prohibiting the state from exercising coercive powers. Specifically, this analysis aims to identify the principles underpinning the decisions with an expressly ethical lens with a view to providing content for the operationalisation of justifications for coercive state action such as the harm principle, reciprocity, least restrictive means in relation to the promotion of public health and the limitation of individual liberty. (shrink)

In a post-apartheid South Africa, the value of reflective memories and their impact on community history gives credibility to their relationship with personal struggles such as disability, be it physical or political. Shaped by South African Indian heritage, an isolated individualised case of a second-generation descendant’s ability–disability experience is researched and narrated in this article. The respondent, Dr Kasturi Varley is a woman of the South African Indian community, who was born almost 101 years after the first (...) shipload of Indian indentured labourers arrived in the then Colony of Natal. Her memories shed light on a unique Indo-African-European experience. Her indentured paternal grandfather arrived in the African continent in August 1900. Her reflective memories and shared experiences of various episodes of the ability–disability paradigm add to the body of knowledge of the Indian indentured labour system that already exists and partially fills up the prevalent gaps in the research on this topic. Her story is unique in that she worked wheelchair-bound at the International Atomic Energy Agency in Vienna, Austria and subsequently settled in the United Kingdom. This study applied a qualitative research methodology.Contribution: This article provides insight on reflective memories within the domain of social memory and contributes to an understanding of the historiography of the descendants of Indian indentured labourers in South Africa. In 2020, this community commemorated the 160th anniversary of the arrival of the labourers to the Colony of Natal. (shrink)

The legacy of apartheid spatial planning can still be seen in the dynamics of spaces in South Africa today. The elite (according to research is racialised and mostly white people) lives in well-located city areas, close to economic activity and rule social life that defines cities as stated in 2016 by the Socio Economic Rights Institute of South Africa (SERI). Alternatively, mostly black South Africans are confined to urban margins in densified and poorly serviced areas, with (...) low rates of home ownership. The effects of these policies extend beyond the urban nature, as spaces on the margin by design tend to have fewer opportunities for education compared to urban areas, and there are spatial limits to black business ownership. This article seeks to discuss a case study on a church’s use of space during coronavirus disease 2019 (COVID-19), to show an inclusionary spatial dynamic that may be used in South African spaces. Firstly, it presents an overview of the unequal spatial dynamics in South Africa, particularly Cape Town, and dynamics during COVID-19. Secondly, it provides a historical overview of the Church of the Nazarene and its foundational beliefs. Moreover, it discusses a case study of renewed spatial dynamic in church using the Church of the Nazarene in Khayelitsha. Furthermore, the case study will be used to show the innovative way they reached their community during this time. The final part will discuss how this inclusive spatial dynamic reveals an innovative dynamic in the concept of the missional church, one that goes beyond the going out contextually, but allowing the outside in as well. Contribution: This article discusses the new spatial dynamic of the missional church which inspires inclusivity. The article uses literature around space, COVID-19, mission studies and church history. Furthermore, a semi-structured interview with a church leader at the Church of the Nazarene in Khayelitsha is used for a contextual case study. (shrink)

continent. 1.4 (2011): 242—252. Introduction The following two works were produced by visual artist Jonas Staal and writer Vincent W.J. van Gerven Oei during a visit as artists in residence at The Bag Factory, Johannesburg, South Africa during the summer of 2010. Both works were produced in situ and comprised in both cases a public intervention conceived by Staal and a textual work conceived by Van Gerven Oei. It was their aim, in both cases, to produce complementary works that (...) could be read “through each other,” in which the movement of artistic construction would be imitated by textual deconstruction and vice versa. Both works deal with the way in which capital, apartheid, and monumentality are interwoven in South-African society. The Missing Link addresses a monument for democracy, erected on the premises of a private corporation running both an amusement park and the Apartheid Museum franchise. The textual intervention accompanying this public intervention investigates the limits of the inclusiveness of the anti-discrimination section in the South-African constitution, itself a monumental work of democracy. The Monument for the Distribution of Wealth deals with the history and eventual dissolution of a monumental square, commemorating the Soweto Uprising, in one of the poorest townships of Johannesburg. The history accompanying this public dismemberment of memory is equally fragmented, which is expressed by the many voices recounting uncertain and perhaps even irrelevant “facts” about the genius loci, the way in which the memorial space has actually entered into the memory of the inhabitants surrounding it. Next to their individual practices, Staal and Van Gerven Oei have worked together on a number of projects ever since 2007, including several art residencies. Their work involves an investigation of the different interfaces between art, politics, and public space in media ranging from theater and public interventions, to video installations and (co-authored) textual works. The Missing Link Missing Link (1) Missing Link (2) Missing Link (3) Intervention on the monument entitled The Seven Pillars of the Constitution , part of the Apartheid Museum in Johannesburg, South Africa. The Seven Pillars represent the constitutional values propagated in South Africa since the abolition of the apartheid regime. The monument and museum were built by the Gold Reef Resorts corporation, which is also responsible for the theme park and casino next to it. By placing the word “capitalism” on the wall surrounding the museum, the capitalist system and the constant social divisions that it implies are interpreted as sophistic continuations of apartheid politics. Through the capitalist system, apartheid is still operational within South African society. Whereas during the apartheid regime, the separation clearly ran along race divisions, in the current, “democratic” system, the same actual separation is sustained without it being an explicit element of the foundations of the country, i.e. the constitution. This intervention foregrounds the constant role of capitalism is both periods. At the same time the intervention acknowledges that contemporary Western artisthood is a mirror of the privileges that are offered by the capitalist system, and the type of artist that it produces. The intervention initiates a critical discourse concerning the capitalist system situated within the disaster of capitalism itself, in other words: through the desire to break with the presumption that art would be able to operate outside the capitalist system and to confirm that art—and the artist himself—is in fact modeled on this system. The public intervention by Staal was supplemented by a textual intervention by Van Gerven Oei: a proposition to alter the seventeenth amendment of the South African constitution. Even though the anti-discrimination legislation in South-Africa is one of the most stringent and inclusive in the world, one factor—wealth—remains outside its scope, thus continuing the schisms along racial lines produced during the apartheid regime: §9.3. The state may not unfairly discriminate directly or indirectly against anyone on one or more grounds, including race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language, birth, and wealth. Monument for the Distribution of Wealth Intervention concerning the June 16 Memorial Acre in Central Western Jabavu, one of the poorest townships of Johannesburg. The monument comprises a park on which different are placed recalling an important protest the black population against the former apartheid regime. In 1976, from a school adjacent to the park, they started a massive protest against the introduction of Afrikaans in the school curriculum. The police reacted violently, and shot several hundreds of students. The construction of the June 16 Memorial Acre was started in 2005, and from the start was the paragon of corruption. Coordinated by local politicians, some family members of the protest leader from 1976 gained control of the realization of the monument, outside the regulation through external institutions. The available budget of 41 million rand (at that time well over 5 million euro) was largely embezzled. In the meantime, the monument has become fully dilapidated and defaced. The park has become overgrown with weeds and covered in a layer of dirt, and the local population is slowly plundering the square to use the material for the construction and decoration of their own houses. The Monument for the Distribution of Wealth develops the dynamics already existent around the June 16 Memorial Acre. Without obtaining official permission in advance, several local inhabitants were hired to break down the monument, sort the materials, and offer it to the neighborhood. Thus, the redistribution of wealth after the fall of the apartheid regime is finally taking place, albeit from the mere remains of the capital that was once invested in the community. The words “monument” and “for free” are spray-painted on the stacks of material, both in English and Zulu, as these are locally the most common languages. Van Gerven Oei supplemented Staal’s public intervention with an account of the history of the monument based on a series of interviews. The account clarifies how the different interests within the protest 1976 are reflected in the exceeding decay of the park, and how in the end those interests were represented by the June 16 Memorial Acre. Monument for the Distribution of Wealth 1: Removing stones Monument for the Distribution of Wealth 3: Pulling down statues Monument for the Distribution of Wealth 4: Offering the material Monument for the Distribution of Wealth 5: Offering the material Monument for the Distribution of Wealth 6 The next day A Fragmentary History of the Monument for the Distribution of Wealth, Formerly Known as the June 16 Memorial Acre in Central Western Jabavu, Soweto Vincent W.J. van Gerven Oei The following text, based on interviews and online research aims to provide parts of a history of the park in front of Morris Isaacson High School in Central Western Jabavu, Soweto. The idea for the transformation of the park into a memorial site has its source in the events of June 16, 1976: the start of the the student uprising in Soweto. The development of the park was started in the early 1980s, and the actual transformation into a memorial site, the June 16 Memorial Acre, was initiated in 2005. Over the last few years, several monumental additions have been made to the park: A marble monument with three pillars was revealed on June 16, 2006. A sculpture of a book and several billboards on June 16, 2008. A sculpture of student leader Tsietsi Mashinini on June 16, 2010. The park was transformed into the Monument for the Distribution of Wealth on August 3, 2010. According to the entry “Youth Struggle” on the website South African History Online, the Bantu Education Act was introduced in 1953 . In 1954 , Dr Verwoerd, Minister of Native Affairs, stated: “What is the use of teaching the Bantu child mathematics when it cannot use it in practice? That is quite absurd.” According to the entry “Soweto uprising” on Wikipedia, the Afrikaans Medium Decree was issued in 1974 , forcing all black schools to use Afrikaans and English in a 50-50 mix as languages of instruction. The Regional Director of Bantu Education (Northern Transvaal Region), J.G. Erasmus, told Circuit Inspectors and Principals of Schools that from January 1, 1975 , Afrikaans had to be used for mathematics, arithmetic, and social studies from standard five (7th grade). English would be the medium for general science and practical subjects. Indigenous languages would be used for religion instruction, music, and physical culture. According the entry “Soweto uprising” on Wikipedia, on April 30, 1976 , students from the Orlando West Junior School in Soweto went on strike, refusing to go to school. Their example was followed by other schools in Soweto. A student from Morris Isaacson High School, Toboho “Tsietsi” Mashinini, proposed a meeting on June 13, 1976 to discuss further action. According to Weizmann Hamilton’s article “The Soweto Uprising 1976,” which appeared in the September 1986 edition of Inqaba Ya Basebenzi (Fortress of the Revolution), on June 13, 1976 , the South African Students’ Movement called a meeting at the Donaldson Community Center in Orlando. 300-400 Students representing 55 schools decided to hold a mass demonstration on June 16. According to Brian Mokhele, member of the Joint Community Safety Forum, Dr Edelstein was the first victim of the Soweto uprising and killed the day before the march on June 15, 1976 . Edelstein was an administrator at the pass office in Jabavu and gave golf courses to the local community. Edelstein was put in a garbage bin and pierced by pickaxes. The garbage bin was left at the very spot of the murder for many years. A few years ago, a child was beheaded at the same spot, and the basketball court next to it has been abandoned since. According to Marcus Neustetter, founder of the Trinity Session, this story is untrue. According the entry “Soweto uprising” on Wikipedia, on June 16 , Tsietsi Mashinini led students from Morris Isaacson High School to join up with others who walked from Naledi High School. A crowd of between 3,000 and 10,000 eventually ended up near Orlando High School. According to Raymond Marlowe, a local photographer, Tsietsi Mashinini was heading the march. According to the entry “Hector Pieterson” on Wikipedia, Dr Edelstein died on June 16, 1976 , stoned to death by mob and left with a sign around his neck proclaiming “Beware Afrikaaners.” The first child to die that day was called Hastings Ndlovu. According to Pat Motsiri, Orlando West is claiming struggle heritage through the Hector Pieterson Museum, while Hector Pieterson was from Jabavu. According to Pat Motsiri, his generation effectively struggled between 1980 and 1991, forcing the release of Nelson Mandela and negotiations with the apartheid regime while the 1976-generation was safely in exile. Nevertheless, this has not been recognized in any monument. After the abolition of apartheid, the generation from 1976 returned from exile, occupied important government and ANC positions, creating an abundance of 1976 memorials and refusing to acknowledge that this was only possible because of the younger generation’s struggle. He calls this a generational conflict. According to Archibald Dlamini, the park officer responsible for the Memorial Acre, he started working for the municipality in 1978. In 1981/82 , Isaac Makhele from Pimville, who used to work in the cemetery business, was the first developer of the park. It used to be just a normal park until City Parks decided to develop the Memorial Acre in 2006. In 2007 the work was stopped by the community. According to Brian Mokhele, he left the country in 1989 after he participated in the riots of 1986. But when he returned in 1999 he found that nothing had changed. He says that they were promised to be protected by the Constitution, but that reality is different. The police uses fear to suppress them so that they don’t come out to talk openly. He has been arrested twice, both times harassed and tortured by the police, but in the end always released without indictment. He says that this is their way to threaten communities to back off from politics. According to Moses, who is sitting outside rolling a joint, Brian knows everything. He tells Brian to tell me everything he knows. According to Brian Mokhele, Tsietsi Mashinini was possibly murdered in 1990 during his exile in New York. Two weeks before he was supposed to return to South Africa, his papers in order, he was found dead under mysterious circumstances. His coffin was sealed when he was buried. According to Pat Motsiri, he came up with the idea for the Memorial Acre in 2003 . He submitted the documents for the proposal to the council, which sidelined him as soon as the budget came out in 2005 . According to Brian Mokhele, there was on estimation R 41,000,000 spent to redesign the park and turn it into the Memorial Acre. The millions were divided by Amos Masondo, the mayor of Soweto, the local councilor Bongani D. Zondi, and the director of the city of Johannesburg, Pat Lephunya. They were dividing the money between several contractors: Tsietsi Mashinini’s brothers were involved in the development of the park, they got the tender to do the green areas, the landscaping. Construction was done by other companies, some did the paving, the toilets, etc. EMBA, a private company appointed by the municipality was in control of the money flow, but the money was quickly gone. According to Raymond Marlowe, the contractor bought a BMW with the money. According to Archibald Dlamini, the Mashinini brothers got the tender, so the space would look more like the other places around in Soweto. It was agreed that after they were done, they would return the property to the municipality. They did whatever they could do. According to Mafaisa, a member of the Jabavu business community, he was one of the contractors for the landscaping and the pavement under Mpho Mashinini, one of the brothers. He says that I should contact Mavi for information on Mpho. According to Poi Stuurman, a local youth worker, Mafaisa is one of the guys who ran away with the money. According to Mavi, Mpho Mashinini was never a contractor. The contracts were organized by Sbu Butelezi, the former head of the Gauteng Department for Public Works. The June 16 Foundation and the Mashinini brothers will be the beneficiaries of the park when it is finished. According to Brian Mokhele, City Parks did not accept the Memorial Acre because it was not finished. The rest of the year, the unfinished park is not maintained, as should have happened. This was done deliberately so that in the end they can just clean the whole thing up and have a reason to redo the whole park. According to Brian Mokhele, the Mashinini brothers now work for the government. People that manipulate for money purposes always come from the government’s side. Because the park was left unfinished, the people from the neighborhood are taking away the stones to decorate their own homes with. According to Archibald Dlamini, because City Parks doesn’t accept responsibility of the park, he officially has nothing the guard, except for his cottage, which is municipal property. The thieves come at night and destroy the park, but he cannot do anything because he is sleeping. According to the website of the Thanda Foundation on June 16, 2006 a bronze statue of Hector Pieterson, the first child to die in the 1976 protests, made by Kobus Hattingh and Jacob Maponyane was unveiled in the Maponya Mall in Soweto. The statue is sculpted after the famous image shot by Sam Nzima of Mbuyisa Makhubo carrying the dead body of the boy. The sculpture was sponsored by the Thanda Foundation, founded by the Swedish entrepreneur Dan Olofsson and South-African entrepreneur Matthews Phosa. According to the official website of the City of Johannesburg, the Memorial Acre and Artwork were unveiled in 2006. According to a blog post on sowetouprisings.com, the Memorial Acre was still under development on July 24, 2006. According to Archibald Dlamini, City Parks only cleans up the park once a year just before the June 16 celebrations. Everybody is waiting for the Mashinini brothers to finish their job. The last time he talked with them was in 2007 . According to a sign on the school grounds of the Morris Isaacson High School, the June 16 Trail will be finished in 2008 . According to a blog post on sowetouprisings.com, the Memorial Acre contains another monument erected in Tsietsi’s honor. The monument was created as part of the Sunday Times Heritage Public Art program. Its physical form resembles a giant book which symbolizes the crisis in education experienced in 1976. On the face of the book is the map of the route taken by the students from Morris Isaacson High School in Central Western Jabavu to Phefeni Junior Secondary in Orlando West (currently the site of the Hector Pieterson Museum), while the back cover of the ‘book’ is inscribed with a tribute to Tsietsi Mashinini. The monument was revealed on June 16, 2008 . According to Marcus Neustetter, the billboards on the Memorial Acre were part of a school project realized in 2008. Following several workshops, the students from different high schools along the June 16 Trail were invited to work with artists on the billboards, while the neighborhood community was invited to watch the process during the festivities on June 15 and 16, 2008 . The billboards were supposed to be removed because of construction works on the Memorial Acre, which never ended up happening. According to Brian Mokhele, the former toilet facilities were converted into a house for the park officer. This park officer has been working for city parks for more than 12-15 years, but does nothing here, because the park, including the new toilet buildings, is not finished. The government is now moving around looking for people to take this job because they stopped it. They confronted everybody who was going in and chased them away. According to John, in 2009 , some girls, around 16 or 17 years old, were raped by four men who had been drinking in a local shebeen. When the bar quit they said that they would go home by car, but instead raped the girls on the Memorial Acre nearby. This happened in the unfinished toilets, because the doors couldn’t be closed. According to Brian Mokhele, there used to be some fences around the park because of the construction work that was eventually stopped, but these were also stolen. According to Archibald Dlamini, people from the neighborhood started about two and a half years ago, and the last piece was stolen near the end of 2009 . Sometimes he would catch someone with a roll of fence, and then use it for his own cottage. According to the official website of the City of Johannesburg, a statue of Tsietsi Mashinini by Johannes Pokhela was revealed on June 16, 2010 , “Youth Day.” According to Shirley Makutoane, deputy principal of Isaac Morrison High School, the statue of Tsietsi Mashinini, funded by the June 16 Foundation, has temporarily been placed within the school perimeter. The statue will be moved to the Memorial Acre when it will be finished, in 2011 . According to Brian Mokhele, beside the June 16 Foundation, there is also a June 16 Memorial Acre Foundation. Both foundations are quarreling about the money involved in the Memorial Acre project. Nobody knows who’s involved in them. According to Marcus Neustetter, the June 16 Foundation consists of people that were part of 1976 protest movement, local government officials, representatives of the Hector Pieterson Museum, and the council. According to students from the Isaac Morrison High School, the statue of Tsietsi Mashinini is on the school ground because on the Memorial Acre it would be vandalized by youths from White City, an adjacent neighborhood. Accorcing to Brian Mokhele, the statue of Tsietsi should eventually be mounted on the Memorial Acre. It is wrong that the statue is in the school at the moment, because it is not a public school. He wants the statues to depict the massiveness of the force that was coming into Soweto after the protests. According to Brian Mokhele, City Parks, City of Jo’burg, City Lights, and SAPS are making some sort of plan to take the plan back. They want to remove the trees from the Memorial Acre, and redesign the Memorial Acre into a relaxing park, without political content. They want to depoliticize the square. In doing so,they will have their own employment and not use local workforces. According to Brian Mokhele, the community wants to remove the monuments, amphitheater, and sculptures from the Memorial Acre because they do not resemble anything. The sculptures should be depicting the truth of what happened, because the Memorial Acre is a political heritage site. He wants to involve the people that actually participated in the struggle to make the monument so that everyone can enjoy it and get a better understanding of the struggle heritage. Therefore, he proposes collective ideology in which everyone has a say. This would prevent future vandalization of the monument. According to Pat Motsiri, the sculptures must depict the event around June 16, 1976. Like the story of Dr Edelstein, who was pierced by pickaxes, forced into a garbage bin and burned alive. According to Jonas Staal, the Memorial Acre should be destroyed, its elements stacked on pallets, thus forming the Monument for the Distribution of Wealth . According to Mafaisa, his men can do the work quickly. He has about twenty men working under him. (shrink)

In this article, I shall evaluate critically the democratic citizenship education project in South Africa to ascertain whether the patriotic sentiments expressed in the Manifesto on Values, Education and Democracy (2001) are in conflict with the achievement of reconciliation and nation building (specifically peace and friendship) after decades of apartheid rule. My first argument is that, although it seems as if the teaching of patriotism through the Department of Education's democratic citizenship agenda in South African schools is a (...) laudable initiative that can contribute toward establishing a definitive break with our apartheid past, the expression of blind patriotic sentiments (such as pledging allegiance to one's country and its citizens only) as articulated in the Manifesto can potentially marginalise others (immigrant communities) as the country endeavours to build its fledgling democracy. My second argument is that the intended democratic form of patriotism of the Department of Education can possibly be undermined by cultivating a culture of ‘safe expression’, which could slow down the country's quest for reconciliation and nation building. (shrink)

This article aims to address the importance of Black Theology of Liberation mainly focussing on the unheard cry of people living with disabilities. Black Theology in its origin is linked to communities of black oppressed beings; its task is to seriously consider the experiences and situation of those who reside in the zone of non-being. In this article, people living with disabilities represent those who reside underside modernity and history, which simply entails that people living with disabilities lack the quality (...) of being recognised as human beings, but as sub-humans who are lifeless. Some scholars of Black Theology eloquently wrestles with the lifelessness fruit which the empire continues to bear by arguing that the Black Theology of Liberation is a theology that aims to give life to victims of lifelessness. It is argued that people living with disabilities in black communities experience a lack of accessibility to transportation, the health sector, education, and building infrastructures in South Africa. The lack of accessibility to opportunities and resources for people living with disabilities portrays a denial of human rights and equality; it instead, promotes the state of lifelessness to people living with disabilities. Contribution: The article adopts ‘The Cry for Life’ declaration which stresses the affirmation of life to all human beings despite their disabilities. The cry for impilo [life] by people living with disabilities is what makes Black Theology an epistemological tool that is derived from below in the search for impilo. (shrink)

Gentrification has led to the eviction and displacement of many people from working-class areas around the world. However, the relationship between gentrification and displacement has sparked much debate in the literature, with some researchers downplaying displacement, while others have argued that gentrification can occur without the displacement of people. These studies have tended to be quantitative in nature. However, there are few qualitative accounts of the experience of displacement and there is little consideration of the affective or phenomenological dimensions of (...) displacement in current debates about gentrification. This is in part because researchers have tended not to engage directly with displaced people as it is often difficult to locate them. The purpose of this article is to describe the essence of displacement from the perspective of a group of individuals who were evicted from their homes in a gentrifying inner-city area of Johannesburg, South Africa. Through the methodology of transcendental phenomenology, five interrelated themes were derived from in-depth interviews with the participants. The findings show that the essence of displacement is one of great pain, loss and trauma, which disrupts the lifeworld of those displaced and impacts their overall health and well-being. (shrink)

This article investigates the practice of vat en sit to offer solutions to church councils of the mainly Black Reformed Churches in South Africa and also to the couples and families involved in such a relationship. Vat en sit is fast becoming a common phenomenon in South Africa. It should be noted that some of the couples in the vat-en-sit relationships may enter into it with no formal agreement. However, there are partners who may enter into this kind (...) of relationship through a universal partnership agreement whereby the couple plan to live together without marrying one another or a domestic life-partnership agreement whereby the couple opt to regulate their rights and duties in a vat-en-sit relationship. It does not, however, affect only the black members of the Reformed Churches in South Africa but also the family structures of society. The article thus endeavours to determine the reasons why many couples go this route and also how church councils could be assisted in dealing with the issue of vat en sit. This concept will be disseminated under the following headings: The causes of vat en sit relationships Implications of vat en sit The effect of a vat-en-sit relationship in the church The solution to the issue of vat en sit is to assist church councils, couples and their immediate and extended families. (shrink)

The World Health Assembly has encouraged WHO member-states to establish capacity in health technology assessment (HTA) as a support for achieving universal health coverage (UHC). Simultaneously, the WHO has stated that UHC is “a practical expression of the concern for health equity and the right to health.” This has prompted questions about potential tensions between priority-setting efforts and the right to health on the road to UHC. South Africa (SA) is an ideal setting in which to explore (...) how the priority-setting work of an HTA body may be integrated with an existing rights framework. (shrink)

This article describes challenges of conducting an HIV prevention program involving 40 male and female participants ages 12–18 in Hammanskraal, South Africa, aimed at increasing awareness and knowledge of laws protecting children’s sexual health rights and access to services through a culturally based “study circle” format. Challenges highlighted by the project included Institutional Review Board approval of youth consent procedures, cooperation and coordination with local policymakers, the need to modify presentation materials to youths’ comprehension levels, availability of youth-based sexual (...) health service providers, and cultural ambiguity over parental involvement in youth health care decisions and laws pertaining to sexual relationships among minors. (shrink)

Social scientists who conduct qualitative research frequently use emotional engagement to gather information about participants’ thoughts, feelings, and behaviours in relation to a particularly research question. When the subject under investigation is related to trauma, listening to, or being exposed to personal accounts of participants’ traumatic experiences can carry a significant emotional cost for researchers. This may place them at risk of secondary trauma. In this article, I examine these issues from the context of my doctoral field research in (...) class='Hi'>South Africa, which focused on intergenerational trauma amongst descendants of victims of apartheid-era gross human rights violations. I reflect on my positionality as both an insider and outsider and feelings of guilt that emanated from my sense of being privileged and an imposter. I also reflect on the emotional turmoil brought about by my engagement with the trauma of participants and their families. I conclude by sharing the lessons I have learnt, and that have enabled me to sustain my scholarly engagement with intergenerational trauma. Ultimately, this article gives insight into, and raises awareness about, the emotional consequences of conducting trauma research. It offers practical suggestions to help researchers navigate the emotional minefield involved in conducting trauma research. (shrink)

Access to education for undocumented migrant children in South Africa remains a significant challenge. While the difficulties related to their inability to access education within the country have been highlighted elsewhere, there remains a lack of clarity on an approach to how this basic human right can be achieved. In this conceptual paper, we draw on the distinction between equality and equity, and describe the various ways in which education has been conceptualised in the South African Constitution (...) – which in part contributes to the existing confusion on education for various groups, including undocumented migrant children. In this paper, we critically reflects on the need to develop an integrated approach for creating a platform that allows all undocumented migrant children access to education in South Africa. We argue that an integrated approach – which entails ways through which access to education can be delivered through the lens of equity – will enhance the right to education for undocumented migrant children in South Africa. We conclude that the South African government must urgently consider this integrated approach to enable access to education for undocumented migrant children, so that they can achieve their full educational potential. (shrink)

This article seeks to contribute to the process of reconciliation in South Africa. This is achieved by firstly exploring the meaning of ubuntu as a common culture or religion under a large percentage of South Africa’s people over the borders of language and other cultural values. In the second part of the article two concepts that play a major role in Christianity are explored, namely koinonia and diakonia. Again a large percentage of South Africans believe that the (...) Bible is the Word of God in which the right way of living is described. A comparison is made between the core values of ubuntu and the way of living that emerges from the use of the two concepts of koinonia and diakonia in the New Testament. A way that can contribute to reconciliation is suggested from this comparison. (shrink)

Higher education restructuring in South Africa has been heavily influenced by policy processes which culminated in the formulation of several documents, including: the National Commission on Higher Education (NCHE) Report (1996), the Education White Paper 3 (EWP, 1997) entitled "A Programme for the Transformation of Higher Education", the Council on Higher Education (CHE) Report entitled "Towards a New Higher Education Laindscape: meeting the Equity, Quality and Social Development Imperatives of South Africa in the 21st Century" (2000) and the (...) National Plan for Higher Education (2001). The National Plan for Higher Education in South Africa (2001) outlines the framework and mechanisms for implementing and realising the policy goals of the Education White Paper 3. With reference to the need of the higjier education system to develop the intellectual capacities of people by inculcating in them high quality skills and competences which, in turn, can lead to a heightened form of political accountability on the part of democratic South African citizens, my contention is that this can best be achieved if "outcomes" announced in the National Plan are implemented along the lines of deliberative democracy and citizenship. It is this position I wish to analyse and explore in this paper with reference to one specific "outcome": enhanced cognitive skills of graduates. (shrink)

This paper is about conflicts of rights, and the particularly difficult challenges that such conflicts present when they entail women’s equality and claims of cultural recognition. South Africa since 1994 has presented a series of challenging—but by no means unique—circumstances many of which entail conflicting claims of rights. The central aim of this paper is, to make sense of the idea that the institution of traditional leadership can be sustained—and indeed given new, more concrete powers—in a democracy; and to (...) explore the implications that this has for women’s equality and equal human rights. This is a particularly pertinent question in the South African context, and I think it is worth reiterating from the outset that there is a distinct impression that women’s equality is always “up for grabs” when other, perhaps more powerful interests, come into play, in a way that would be unacceptable for other aspects of identity, and therefore signifiers of equality. It would be inconceivable, for example, to countenance a claim for a hierarchical racial arrangement in a given community, no matter how deeply culturally entrenched that arrangement was, and regardless of how much support it (ostensibly) had from the community concerned. I think therefore that we are obliged to ask difficult questions about the new legislation on traditional leadership, and to put it under the microscope of political theory in assessing the claim that this is one way of recognizing people’s rights and freedoms in a new democracy. (shrink)

This article investigates the often cited and dismissed, but rarely examined, relationship between legalizing same-sex marriage and polygamy. Employing a comparative historical analysis of U.S. and South African jurisprudence, ideology, and cultural politics, we examine efforts to expand, restrict, and regulate the gender and number of legally recognized conjugal bonds. South African family jurisprudence grants legal recognition to both same-sex marriage and polygyny, while the United States prohibits and resists both. However, social and material conditions make it easier (...) to practice family diversity in the U.S. than in South Africa. Our analysis of the very different histories of polygamy and same-sex marriage in the two societies suggests the centrality of racial politics to marriage regimes, yielding paradoxical narratives about the implications of legal same-sex marriage for the future of polygamy and sexual democracy. If there is a slippery marital slope, we argue, it does not tilt in a singular or expected direction. (shrink)

In 1998 Ghia Van Eeden was sexually assaulted by a serial rapist who had escaped from police custody due to the negligence of the South African police authorities. Claiming that the State owed a common law duty of care to potential victims to protect them from violent crimes, Van Eeden sought damages for the harm she had suffered. In a path-breaking decision, the Supreme Court of Appeal (S.C.A.) found that a duty of care did indeed exist and that its (...) execution had to be considered in line with the constitutional requirement to protect women's right to be free from violence and the constitutional obligation to develop the common law so as to promote the spirit, purport and objects of the South African Bill of Rights. Examining the Van Eeden decision in terms of its substantial development of the circumstances in which the State may be judged liable for a wrongful omission, this note positions the S.C.A.'s decision in the context of the evolving case law of the Constitutional Court on sexual violence and ultimately questions its practical significance for addressing the prevalent abuse of women in South Africa. (shrink)

This study examines the issues associated with the disinvestment of U.S. interests from South Africa that took place in the mid-80s from the perspective of three dominant moral theories: utility, rights, and justice. By examining the issues in light of these three theories, the paper attempts to establish a decision framework from which managers and investors can evaluate similar decisions they are facing around the world today. Similarly, the reading may prove useful to educators who incorporate discussions of ethical (...) decision making into the classroom.Training in business ethics too often takes a strictly utilitarian perspective, or worse, a relativistic one. This study attempts to illustrate how utilitarian theory and related rights and justice issues can he interwoven into the heuristics associated with the contemporary concepts of corporate social responsibility. (shrink)

Inside the Constitutional Court of South Africa hangs Judith Mason’s artwork, entitled The Man Who Sang and the Woman Who Kept Silent, more commonly known as The Blue Dress. Mason created the artwork to commemorate Phila Ndwandwe and Harold Sefola after hearing testimony from the perpetrators of their deaths at the South African Truth and Reconciliation Commission (TRC). In this article I explore how The Blue Dress contributes to the reimagining of human rights culture in South Africa (...) in three key ways. First, the artwork is a symbolic reparation that recognizes the harm suffered under apartheid. Second, the artwork is an alternative record of women’s experiences of sexual violence; experiences which are largely absent from the official TRC record. Third, the artwork is a form of judicial consciousness which keeps the past alive so that a different future can be imagined. I argue that The Blue Dress instantiates an “ethics of responsibility” in post-apartheid human rights discourse. That is, the responsibility to remember past violations of human rights in order to prevent future ones and the responsibility to recognize past triumphs of human rights in order to support future ones. The article draws on seven months of participant observation fieldwork at the Court, which included fifty-four interviews with judges, clerks, staff members, advocates, artists, curators, and visitors, as well as visual and archival research. (shrink)

In October 2005, UNESCO (the United Nations Educational, Scientific and Cultural Organization) adopted the Universal Declaration on Bioethics and Human Rights. This was the culmination of nearly 2 years of deliberations and negotiations. As a non-binding instrument, the declaration must be incorporated by UNESCO’s member states into their national laws, regulations or policies in order to take effect. Based on documentary evidence and data from interviews, this paper compares the declaration’s universal principles with national bioethics guidelines and practice in Kenya (...) and South Africa. It concentrates on areas of particular relevance to developing countries, such as protection of vulnerable persons and social responsibility. The comparison demonstrates the need for universal principles to be contextualised before they can be applied in a meaningful sense at national level. The paper also assesses the ‘added value’ of the declaration in terms of biomedical research ethics, given that there are already well-established international instruments on bioethics, namely the World Medical Association Declaration of Helsinki and the CIOMS (Council for International Organizations of Medical Sciences) guidelines on biomedical research. It may be that the added value lies as much in the follow-up capacity building activities being initiated by UNESCO as in the document itself. (shrink)

Public policy in post-apartheid South Africa has been characterized by a mix of state regulation and ‘neo-liberalism’. This article argues that this mix is rooted in the model of economic modernity adopted in South Africa in the 1920s and 1930s, and underpinned by the institutions of a modern state. In an economy transformed by mining and subsequent secondary industrialization, the state played a central role in facilitating capitalist growth, including through the regulation of labour. I argue that, contrary (...) to the conventional understanding, the enduring characteristic of the political economy of modernization in South Africa was not so much the mobilization of cheap African labour, mostly migrants from across Southern Africa, but was rather the institutionalization of high wages and protected incomes for economic, social and political insiders. Anglo-centric institutions and conceptions of industrial and social citizenship were adapted to the colonial context in South Africa. The imperatives of both gold-led capitalist industrialization and the governance of a society in which the settler or immigrant population remained a minority required that the African population was excluded from most dimensions of this citizenship. But the institutions, discourses and ideologies associated with high wages (for citizens) continued to structure economic life in South Africa through and after the apartheid period. South Africa’s mode of economic modernization thus reflects the possibly unique interaction of a British model of economic modernization with the social, economic and political realities of a colonial society. (shrink)

SETTING: Previous health policies in South Africa neglected the teaching of ethics and human rights to health professionals. In April 1995, a pilot course was run at the University of Cape Town in which the ethical dimensions of human rights issues in South Africa were explored. OBJECTIVES: To compare knowledge and attitudes of participating students with a group of control students. DESIGN: Retrospective cohort study. SUBJECTS: Seventeen fourth-year medical students who participated in the course and 13 control students (...) from the same class, matched for gender. INTERVENTIONS: Students participated in a one-week module on ethics and human rights. Five months after the course had been run, students completed a semi-structured questionnaire exploring their knowledge and attitudes with regards to ethics and human rights issues. MAIN OUTCOME MEASURES: Knowledge scores, attitude scores and various individual indicators of attitude. RESULTS: Clear benefits for overall knowledge score, for four out of five individual knowledge questions and for one of the attitude questions, were demonstrated. Participating students also appeared to be more convinced of the need for teaching on the ethical dimensions of human rights at postgraduate level and that such teaching should also be integrated in the curriculum. The low response rate amongst controls may have selected students who were more socially conscious, thereby leading to an underestimate of the true impact of the course. CONCLUSION: The evaluation indicates clear benefits of the course for undergraduate students, and supports arguments for the inclusion of such courses in the training of health professionals. This is particularly important given the challenges posed by the Truth and Reconciliation Commission to the health professions to address past complicity in human rights abuses through reorientation of medical training in South Africa. (shrink)

In April 1998, the post-apartheid South African government introduced a monthly cash transfer for children in poor households. A requirement for getting the grant was that the birth of the child had to be registered, and the adult primary caregiver had to have the citizen identity document. The success of the system of support was contingent on the new democratic government's ability to integrate into one national welfare system what had been fragmented under apartheid into many racially separated systems; (...) it also, ironically, built on the apartheid-era state pension delivery system. Within a decade the grant reached more than ten million children, and was associated with a rapid increase in birth registrations, marking the poorest children's first step into citizenship, and opening up the possibility of later access to other programmes and entitlements. (shrink)

South Africa has an abortion law which codifies the broad themes of reproductive rights set out in the Constitution of South Africa, other laws and national guidelines. Certain wording of the conditions in the Choice Act for abortion after 20 weeks' gestation, are open to interpretation, being ‘severe malformation of the fetus’ and ‘risk of injury to the fetus’. From 24 weeks onwards, abortion is carried out by feticide/induced fetal cardiac asystole (‘IFCA’) and subsequent induction of labour in (...) South Africa. Some maternal‐fetal units have developed guidelines to assist clinicians and patients in decision‐making around eligibility for abortion after 20 weeks' gestation, given the broad terms in the law. We consider the guideline used by an institution in the Western Cape for abortion after 23 weeks and 6 days gestation, in terms of its alignment with the law on reproductive rights and its compliance with fair and transparent procedures. We also note its effect on respect for patients and on staff professionalism. (shrink)

In this article, I revisit the question of socio-economic transformation in South Africa to illustrate how it connects with human rights, essentially because, as I argue, transformation is unattainable without a comprehensive understanding of the central role of human rights in activating that process. I state the claim that the progressive human rights culture on the basis of which South Africa launched itself from the demise of apartheid into one of the most treasured constitutional democracies globally is noticeably (...) disintegrating, displaying signs of post-independence failures that have bedevilled many other African countries. It leaves unanswered questions with regard to the transitional promise for a better life and equitable opportunities. Not only is the political intent to actualise the project for socio-economic transformation apparently lacking, prospects that the expectations of the impoverished segments of the population may never be fulfilled prompts the need for an in-depth diagnosis of the contrasts that dissociate the country from its constitutional commitment to remedy the injustices of the past, which remain visible in legislation, policies, institutional practices, governance mechanisms and social perceptions that seem to be hardwired to accommodate transformation. I aim to demonstrate that even though South Africa’s constitutional democracy is anchored on a radical undertaking to eradicate the injustices that unreasonably limit options for the larger part of the population, there is no genuine adherence to the constitutional standards for transformation under the present dispensation, which is shaped by misconceived and misdirected priorities at the expense of human rights that lie at the core of the project for socio-economic transformation. I articulate these viewpoints by bringing into sharper focus the connection between human rights and transformation so that perhaps, the arguments may provide conceptual direction in academic discourses and probably also shape policy direction in crafting transformative solutions to the socio-economic exigencies that South Africa is confronted with. (shrink)

This article outlines the basic tenets of political liberalism, a recent twist in liberal theories of justice, and distinguishes a ?sufficiency? approach from its more ?egalitarian? rivals. The article argues that a ?sufficiency? principle as the basis for distributing social and material goods, is a logical extension of the commitment to a democratic ideal, one that is required to give substance to political rights guaranteed to all citizens as free and equal members of society. To illustrate the attractiveness of this (...) approach, the paper illustrates how political liberalism offers a compelling way of characterising and interpreting the new South African constitution. As a pluralist society which has until recently been ruled by an unjust regime, political liberalism in general, and the ?sufficiency? version in particular, would offer an effective and inclusive way of addressing what ought to be the paramount concern for all citizens: namely, how to prevent the state's coercive powers from being used by one sectarian group to dominate and repress other groups. (shrink)

The Integrated Urban Development Framework was constructed as a ‘new deal’ for South African cities and towns. It outlines a vision with four overarching goals and eight priorities or policy levers meant to overcome the apartheid legacy through comprehensive spatial restructuring and strategic urban–rural linkages. This article is a contextual theological reflection ‘from below’, reading the IUDF through the lenses of five distinct contours. It asks whether the IUDF has the potential to mediate good cities in which the urban (...) poor and disenfranchised can experience integral liberation as equal citizens, or whether it will perpetuate the city as post-colonial satellite of violent empire. It concludes by proposing five areas for theological and political action: consciousness from below, a new economics, a different kind of politics, socio-spatial transformation, and collaborative knowledge generation. (shrink)

Can an African ubuntu moral theory ground individual freedom and human rights? Although variants of ubuntu moral theory answer in the negative, asserting that the duties individuals owe the collective are prior to individual rights (since African thought places more emphasis on the collective), Metz’s recent articulation in this Journal of an African ubuntu moral theory promises to ground the liberal ideal of individual liberty. I pursue three distinct lines of argument in establishing the claim that Metz’s project fails to (...) convince - that individual freedom and rights cannot be successfully grounded in a moral theory that already regards some extrinsic value (that is, communal harmony) as the most fundamental moral value. First, I suggest that Metz’s attempt to ground human rights in his ubuntu moral theory raises the problem of where the fundamental value lies in his theory. That is, in seeking to integrate two potentially-conflicting and non-instrumental values in his theory, Metz substantially modifies his original ubuntu ethical principle in such a way that the communitarian/ubuntu status of the theory is undermined. Second, I argue that, even if Metz’s theory were sufficiently communitarian/ubuntu-like, it could not possibly ground individual freedom as a non-instrumental value. Third, I argue that Metz employs a tendentious reading of the concept of human rights; in particular, that he erroneously construes rights as duties. Since this last argument rests on a subtle distinction between individual rights and duties, I try to suggest how the distinction can be made in spite of the fact that these concepts are strongly related. Although I do not directly address Metz’s treatment of specific human rights issues in South Africa, throughout I contend that these theoretical lapses cast enormous doubts on his overall project. (shrink)

The existing ethico-legal regulation of adolescent children's participation in health research in South Africa is currently unclear. The article interrogates the existing framework governing children's consent to research participation, with specific emphasis on discrepancies in consent norms in law and ethical guidelines. Against the backdrop of the constitutional directive that requires that a child's best interests are of paramount importance in every matter concerning the child, the article assesses whether sufficient consideration is given to children's evolving maturity and capacities (...) when consent to their participation in health research is sought. The article provides specific recommendations and proposes a legislative change to consent provisions in the National Health Act 61 of 2003 in order to address the existing lacunae and to align the framework with constitutional imperatives and international fundamental rights considerations. (shrink)

The liberal constitution in South Africa, which entrenches a certain kind of socio-economic organisation, renders systems of socio-economic organisation traditional to Africa, dysfunctional. These traditional communitarian systems contain within themselves structures endorsing harmony, mutuality and reciprocity as ground rules or values which distribute significant resources (both material and moral) to all agents in accordance with their socially determined deserts. The absence of these structures in South Africa contributes to a condition, inflamed by liberal structures, of rights paralysis under (...) which agents are unable to translate rights into substantial benefits. In this article I examine this condition with reference to two traditional systems of socio-economic organization to exhibit their advantages as correctives to the paralysis of rights, and to compare them in order to establish which one is preferable. (shrink)

The apartheid ideology in South Africa had a pervasive influence on all levels of education including medical undergraduate training. The role of the health sector in human rights abuses during the apartheid era was highlighted in 1997 during the Truth and Reconciliation Commission hearings. The Health Professions Council of South Africa subsequently realised the importance of medical ethics education and encouraged the introduction of such teaching in all medical schools in the country. Curricular reform at the University of (...) Stellenbosch in 1999 presented an unparalleled opportunity to formally introduce ethics teaching to undergraduate students. This paper outlines the introduction of a medical ethics programme at the Faculty of Health Sciences from 2003 to 2006, with special emphasis on the challenges encountered. It remains one of the most comprehensive undergraduate medical ethics programmes in South Africa. However, there is scope for expanding the curricular time allocated to medical ethics. Integrating the curriculum both horizontally and vertically is imperative. Implementing a core curriculum for all medical schools in South Africa would significantly enhance the goals of medical education in the country. (shrink)

There are three major reasons that ideas associated with ubuntu are often deemed to be an inappropriate basis for a public morality. One is that they are too vague, a second is that they fail to acknowledge the value of individual freedom, and a third is that they a fit traditional, small-scale culture more than a modern, industrial society. In this article, I provide a philosophical interpretation of ubuntu that is not vulnerable to these three objections. Specifically, I construct a (...) moral theory grounded on southern African worldviews, one that suggests a promising new conception of human dignity. According to this conception, typical human beings have a dignity in virtue of their capacity for community, understood as the combination of identifying with others and exhibiting solidarity with them, where human rights violations are egregious degradations of this capacity. I argue that this account of human rights violations straightforwardly entails and explains many different elements of South Africa’s Bill of Rights and naturally suggests certain ways of resolving contemporary moral dilemmas in South Africa and elsewhere relating to land reform, political power and deadly force. (shrink)

Participatory action research (PAR) is a form of community-driven qualitative research which aims to collaboratively take action to improve participants’ lives. This is generally achieved through cognitive, reflexive learning cycles, whereby people ultimately enhance their wellbeing. This approach builds on two assumptions: (1) participants are able to reflect on and prioritize difficulties they face; (2) collective impetus and action are progressively achieved, ultimately leading to increased wellbeing. This article complicates these assumptions by analyzing a two-year PAR project with mothers of (...) disabled children from a South African urban settlement. Participant observation notes, interviews, and a group discussion served as primary data. We found that mothers’ severe psychological stress and the strong intersectionality of their daily challenges hampered participation. Consequently, mothers considered the project ‘inactionable’. Yet, many women quickly started expressing important individual and collective wellbeing transformations. To understand these ‘unlikely’ transformations, a feminist relational account, in particular, that of relational wellbeing, proves essential. We reflect on the consequences of these findings for the dominant PAR methodology and operationalization, and propose to sensitize future PAR with marginalized women by employing relational wellbeing as an overarching ontological awareness. (shrink)