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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 for bot...
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...
African Customary Law in South Africa
African Customary Law in South Africa: Post-Apartheid and Living Law Perspectives provides a clear introduction to indigenous law in South Africa. The text provides a structure for understanding the nature and overarching system of customary law, illustrating its distinctness in relation to other areas of law, and exploring the dynamic precepts and values of living customary law. The text suggests an approach which supports harmonisation of customary law precepts and values with the common law and Western constitutional jurisprudence, and offers an authentic, culturally sensitive framework within which contentious issues might be resolved. The text is pedagogically designed to assist learnin...
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...
Traditional Leaders in a Democracy
Post-1994, South Africa's traditional leaders have fought for recognition, and positioned themselves as major players in the South African political landscape. Yet their role in a democracy is contested, with leaders often accused of abusing power, disregarding human rights, expropriating resources and promoting tribalism. Some argue that democracy and traditional leadership are irredeemably opposed and cannot co-exist. Meanwhile, shifts in the political economy of the former bantustans − the introduction of platinum mining in particular − have attracted new interests and conflicts to these areas, with chiefs often designated as custodians of community interests. This edited volume explores how chieftancy is practised, experienced and contested in contemporary South Africa. It includes case studies of how those living under the authority of chiefs, in a modern democracy, negotiate or resist this authority in their respective areas. Chapters in this book are organised around three major sites of contest: leadership, land and law.
Police Work and Identity
This is a book about the men and women who police contemporary South Africa. Drawing on rich, original ethnographical data, it considers how officers make sense of their jobs and how they find meaning in their duties. It demonstrates that the dynamics that lead to police abuses and scandals in transitional and neo-liberalising regimes such as South Africa can be traced to the day-to-day experiences and ambitions of the average police officer. It is about the stories they tell themselves about themselves and their social worlds, and how these shape the order they produce through their work. By focusing on police officers, this book positions the individual in primacy over the organisation, as...
Gender and Sexuality in Senegalese Societies
Drawing from the diverse fields of postcolonial studies, literary studies, history, anthropology, sociology, political science, environmental studies, and development studies, among others, Gender and Sexuality in Senegalese Societies demonstrates the urgency and necessity of new research in gender and queer studies in and on Senegalese societies. By focusing on subjects that have thus far been largely neglected in national and scholarly debates, the chapters are subversive, complex, and inclusive, centering within Senegalese studies themes and elements of alternative, nonbinary, variant, and nonheteronormative gender identities, sexualities, and voices. Contributors demonstrate that nationalist and anticolonial discourses propelled by deep and lingering socioeconomic inequalities have led, in postcolonial Senegal, to vitriolic scapegoating of individuals and communities with variant sexual and gender identities. The chapters in this volume look inward to the voices and experiences of the Senegalese people to challenge nationalist representations of advocacy for the liberation of gender and sexual minorities in Senegal as a function of a Western neocolonialist agenda.
Ethical Quandaries in Social Research
"Ethical quandries in social research opens up a space of frank discussion about the often unsettling, messy realities of ethical decision-making in the thick of social research. They expose tensions within professional codes of ethics, as well as a range of dilemmas that arise when personal ethical convictions jostle with disciplinary and institutional ethical imperatives."--Back cover.
Socio-Economic Rights in South Africa
This book sets out to assess the role and impact of socio-economic strategies used by civil society actors in South Africa. Focusing on a range of socio-economic rights and national trends in law and political economy, the book's authors show how socio-economic rights have influenced the development of civil society discourse and action.
South African Constitutional Law in Context
Includes bibliographical references (pages 843-875) and index.
