Law

Constitutionalism and Transitional Justice in South Africa

Author: Andrea Lollini

Publisher: Berghahn Books

ISBN:

Category: Law

Page: 221

View: 504

Over the last fifteen years, the South African postapartheid Transitional Amnesty Process – implemented by the Truth and Reconciliation Commission (TRC) – has been extensively analyzed by scholars and commentators from around the world and from almost every discipline of human sciences. Lawyers, historians, anthropologists and sociologists as well as political scientists have tried to understand, describe and comment on the 'shocking' South African political decision to give amnesty to all who fully disclosed their politically motivated crimes committed during the apartheid era. Investigating the postapartheid transition in South Africa from a multidisciplinary perspective involving constitutional law, criminal law, history and political science, this book explores the overlapping of the postapartheid constitution-making process and the Amnesty Process for political violence under apartheid and shows that both processes represent important innovations in terms of constitutional law and transitional justice systems. Both processes contain mechanisms that encourage the constitution of the unity of the political body while ensuring future solidity and stability. From this perspective, the book deals with the importance of several concepts such as truth about the past, publicly shared memory, unity of the political body and public confession.
History

After Apartheid

Author: Ian Shapiro

Publisher: University of Virginia Press

ISBN:

Category: History

Page: 384

View: 553

Democracy came to South Africa in April 1994, when the African National Congress won a landslide victory in the first free national election in the country’s history. That definitive and peaceful transition from apartheid is often cited as a model for others to follow. The new order has since survived several transitions of ANC leadership, and it averted a potentially destabilizing constitutional crisis in 2008. Yet enormous challenges remain. Poverty and inequality are among the highest in the world. Staggering unemployment has fueled xenophobia, resulting in deadly aggression directed at refugees and migrant workers from Zimbabwe and Mozambique. Violent crime rates, particularly murder and rape, remain grotesquely high. The HIV/AIDS pandemic was shockingly mishandled at the highest levels of government, and infection rates continue to be overwhelming. Despite the country’s uplifting success of hosting Africa’s first World Cup in 2010, inefficiency and corruption remain rife, infrastructure and basic services are often semifunctional, and political opposition and a free media are under pressure. In this volume, major scholars chronicle South Africa’s achievements and challenges since the transition. The contributions, all previously unpublished, represent the state of the art in the study of South African politics, economics, law, and social policy.
History

The Politics of Transition

Author: Richard Spitz

Publisher: Hart Pub Limited

ISBN:

Category: History

Page: 461

View: 239

This is an incisive look at the politics behind the negotiations and outcome of South Africa's transition to democracy. It is based on previously unexamined archival material and will be of great interest to anyone interested in South African politics, constitutional law, democracy and human rights. During the early 1990s, South Africans kept a close eye on the media coverage of South Africa's negotiated transition to democracy. Likened to a soap opera by some, the negotiations featured violent interlopers, dramatic walkouts, alliances and, somehow, a fortunate conclusion in the form of the Interim Constitution and Bill of Rights. The importance of the negotiating process and the Interim Constitution itself should not be underestimated, however, in relation to their longer-term influence over the form of democracy currently enjoyed in South Africa. In this brave publication, Spitz and Chaskalson examine the politics behind the Kempton Park negotiations and the Interim Constitution, and the influence that these have had on the subsequent consolidation of a South African democracy.
Political Science

Ethnic Party Bans in Africa

Author: Matthijs Bogaards

Publisher: Routledge

ISBN:

Category: Political Science

Page: 192

View: 368

In Sub-Saharan Africa, the spread of democracy since the 1990s has been accompanied by the proliferation of bans on ethnic political parties. A majority of constitutions in the region explicitly prohibit political parties to organize on the basis of race, ethnicity, religion, region and other socio-cultural attributes. More than a hundred political parties have been dissolved, suspended or denied registration on these grounds. This book documents the experience with ethnic party bans in Africa, traces its origins, examines its record, and answers the question whether ethnic party bans are an effective and legitimate instrument in the prevention of ethnic conflict. This book was published as a special issue of Democratization.