Human Rights And Post Apartheid South Africa
Keywords:
majority, historical, citizenship.Abstract
This article describes innovative human rights institutions and practices in South Africa since the transition to democracy in 1994. This article does not purport to be a comprehensive review of all laws, policies, programmes and human rights developments in South Africa. Rather, the examples and case studies have been selected to illustrate some of the main elements of a human rights approach to development identified above.
References
Ex parte Chairperson of the Constitutional Assembly: In re Certification of the Constitution of the Republic of South Africa, 1996 1996 (4) SA 744 (CC), 1996 (10) Butterworths Constitutional Law Reports (BCLR) 1253 (CC), para. 7.
Human Rights and the South African Legal Order, Princeton University Press, 1978, p. 73.
The year of the June, 16th student uprising which started in Soweto.
White Paper on South African Land Policy, Department of Land Affairs, Government of South Africa, April 1997, p. 11.
John Dugard, Human Rights and the South African Legal Order, Princeton University Press, 1978, p. 84.
H. Bhorat, 'The South African social safety net: past, present and future', vol. 12, No. 4 Development Southern Africa, 1995 note 4, p. 598.
The Prohibition of Mixed Marriages Act of 1949, and the Immorality Act of 1957
See Thandabantu Nlapo, 'Indigenous Law and Gender in South Africa: Taking Human Rights and Cultural Diversity Seriously.' Third World Legal Studies, published by the International Third World Legal Studies Association and The Valparaiso University School of Law, 1994 - 5, pp. 49 - 71.
Chapter 3.
Schedule 4.
Initially the Constitutional Court declined to certify the final Constitution. It was only certified after certain amendments to the text: first certification judgment: Ex parte Chairperson of the Constitutional Assembly: In re Certification of the Constitution of the Republic of South Africa, 1996 (4) SA 744 (CC), 1996 (10) BCLR 1253 (CC); second certification judgment: Ex parte Chairperson of the Constitutional Assembly: In re Certification of the Amended Text of the Constitution of the Republic of South Africa, 1996 1997 (2) SA 97 (CC), 1997 (1) BCLR 1 (CC).
The Constitution of the Republic of South Africa Act 108 of 1996 [hereafter referred to as the final Constitution or the 1996 Constitution].
Section 7(1).
Examples include Namibia, Ireland, and India. However, in Indian constitutional law these directive principles have exerted a far-reaching influence on the interpretation of the civil and political rights ("fundamental rights") protected in the Constitution, particularly the right to life: see B. P. Jeewan Reddy & Rajeev Dhavan, 'The Jurisprudence of Human Rights' in D. M. Beatty (ed) Human Rights and Judicial Review: A Comparative Perspective, Martinus Nijhoff Publishers: Dordrecht/Boston/London, 1994, pp. 175 - 226.
See General Comment No. 3 (Fifth session, 1990), UN doc. E/1991/23, The nature of States parties obligations (art 2(1) of the International Covenant on Economic, Social and Cultural Rights) adopted by UN Committee on Economic, Social and Cultural Rights.
Wilson, Richard A. 2001. The Politics of Truth and Reconciliation in South Africa: Legitimizing the Post-Apartheid State. Cambridge:Cambridge University Press.
Truth and Reconciliation Commission South Africa, 1998. Report. Cape Town:Juta. Available from World Wide Web
African Nation Congress. 1996. ANC Submission to the Truth and Reconciliation Commission.
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