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All Rise
At the young age of fifteen, Dikgang Moseneke was imprisoned for participating in anti-apartheid activities. During his ten years of incarceration, he completed his schooling by correspondence and earned two university degrees. Afterwards he studied law at the University of South Africa. After some years in general legal practice and at the Bar, and a brief segue into business, Moseneke was persuaded that he would best serve the country’s young democracy by taking judicial office. All Rise covers his years on the bench, with particular focus on his fifteen-year term as a judge at South Africa’s apex court, the Constitutional Court, including as the deputy chief justice. His insights into the Constitutional Court’s structures, the personalities peopling it, the values it embodies, the human dramas that shook it and the cases that were brought to it make for fascinating reading. From the Constitutional Court of Arthur Chaskalson to the Mogoeng Mogoeng era, Moseneke’s understated but astute commentary is a reflection on the country’s ongoing but not altogether comfortable journey to a better life for all.
My Own Liberator
In My Own Liberator, Dikgang Moseneke pays homage to the many people and places that have helped to define and shape him. In tracing his ancestry, the influence on both his maternal and paternal sides is evident in the values they imbued in their children – the importance of family, the value of hard work and education, an uncompromising moral code, compassion for those less fortunate and unflinching refusal to accept an unjust political regime or acknowledge its oppressive laws. As a young activist in the Pan-Africanist Congress, at the tender age of fifteen, Moseneke was arrested, detained and, in 1963, sentenced to ten years on Robben Island for participating in anti-apartheid activitie...
Advancing Equality
In a world where basic human rights are under attack and discrimination is widespread, Advancing Equality reminds us of the critical role of constitutions in creating and protecting equal rights. Combining a comparative analysis of equal rights in the constitutions of all 193 United Nations member countries with inspiring stories of activism and powerful court cases from around the globe, the book traces the trends in constitution drafting over the past half century and examines how stronger protections against discrimination have transformed lives. Looking at equal rights across gender, race and ethnicity, religion, sexual orientation and gender identity, disability, social class, and migration status, the authors uncover which groups are increasingly guaranteed equal rights in constitutions, whether or not these rights on paper have been translated into practice, and which nations lag behind. Serving as a comprehensive call to action for anyone who cares about their country’s future, Advancing Equality challenges us to remember how far we all still must go for equal rights for all.
Access to Justice and Human Security
For most people in rural South Africa, traditional justice mechanisms provide the only feasible means of accessing any form of justice. These mechanisms are popularly associated with restorative justice, reconciliation and harmony in rural communities. Yet, this ethnographic study grounded in the political economy of rural South Africa reveals how historical conditions and contemporary pressures have strained these mechanisms’ ability to deliver the high normative ideals with which they are notionally linked. In places such as Msinga access to justice is made especially precarious by the reality that human insecurity – a composite of physical, social and material insecurity – is high f...
A Theory of African Constitutionalism
A Theory of African Constitutionalism asks and seeks to answer why we need a new theoretical framework for African constitutionalism and how this could offer us better theoretical and practical tools with which to understand, improve, and assess African constitutionalism on its own terms. By locating constitutional studies in Africa within the experiences, interactions, and contestations of power and governance beginning in precolonial times, the book presents the development and transformation of African constitutional systems across time and place, along with the attendant constitutional designs and practices ranging from the nature and operation of the African state to its vertical and ho...
The Thabo Mbeki I know
The Thabo Mbeki I Know is a collection that celebrates one of South Africa’s most exceptional thought leaders. The contributors include those who first got to know Thabo Mbeki as a young man, in South Africa and in exile, and those who encountered him as a statesman and worked alongside him as an African leader. In The Thabo Mbeki I Know, these friends, comrades, statesmen, politicians and business associates provide insights that challenge the prevailing academic narrative and present fresh perspectives on the former president’s time in office and on his legacy – a vital undertaking as we approach a decade since an embattled Thabo Mbeki left office. Edited by Sifiso Mxolisi Ndlovu and Miranda Strydom, The Thabo Mbeki I Know provides readers with an opportunity to reassess Thabo Mbeki’s contribution to post-apartheid South Africa, as both deputy president and president; to the African continent and diaspora, as a highly respected state leader; and to the international community as a whole.
Lawfare
What happens when South Africa's tumultuous political life becomes entangled in the courts of law? Throughout the past 50 years, the courts have been a battleground for contesting political forces as more and more conflicts that were once fought in Parliament or in streets, or through strikes and media campaigns, find their way to the judiciary. Certainly, the legal system was used by both the apartheid state and its opponents. But it is in the post-apartheid era, and in particular under the rule of President Jacob Zuma, that we have witnessed a dramatic increase in 'lawfare': the migration of politics to the courts. The authors show through a series of case studies how just about every aspe...
Season of Hope
Offers an insight into the circumstances under which the policies were developed, implemented and reviewed, as well as a study of the outcomes. This book addresses questions such as: How could an organisation with no previous experience of governing accomplish a peaceful transition to democracy? How did they do it and where are they going?
