#HistoryinPublications

Anti-discrimination Legislation: Access to Health Care Services.

The achievement of equality and non discrimination is one of the founding values of the South African Constitution1. Section 9 of the Constitution entrenches the right to substantive equality and guarantees to every individual the full and equal enjoyment of all rights and freedoms. Section 9(2) of the Constitution allows for legislative and other measures to promote the achievement of equality for individuals or groups who have been disadvantaged by unfair discrimination. Sections 9(3) and 9(4) further prohibit direct or indirect discrimination (policies or laws which, though neutral in their formulation, have a discriminatory impact on certain individuals or groups of individuals) on a host of grounds. This article discusses the grounds on which discrimination is expressly prohibited in terms of Section 9(3) includes race, gender. However, the author notes that this list of groungs is by no means exhaustive and there is nothing to preclude discrimination on any additional ground that is not included within the ambit of Section 9(3).

Speech: Panel on 'Dealing with the Past'

Speech by Prof Kader Aamal, MP, Minister of water Affairs and Forestry. Panel on "Dealing with the past" the South African Conference on Truth and Reconciliation, organized by IDASA, Vineyard Hotel.

Language Rights in the New Constitution

This paper is one of the first to address the emotive issue of language in South Africa. It discusses key concepts related to language issues and then examines South Africa's move, in the 1993 Constitution, from bilingualism (English and Afrikaans) to multilingualism (eleven official languages). Albie Sachs draws an important distinction between language rights, language policy and language practice. Finally, the paper contains a commentary on the constitutional provisions relating to language, discussing matters such as regional differentiation, the practicability of multilingualism and the role of the Pan South African Language Board.

Custom and Religion in a Non-racial Non-sexist South Africa

An edited volume of chapters emanating from a Conference convened by the Community Law Centre on 14-16 May 1993 on "Custom and Religion in a Non-racial, Non-sexist South Africa". The book is dedicated to Amy Biehl who wrote the executive summary. In her chapter, Brigitte Mabandla warns how a conservative lobby uses custom, religion but also regional autonomy to pursue a conservative agenda. Thandabantu Nhlapo writes about ‘dignity’ as a central concept to acknowledging traditional values. Sbongile Nene writes about how custom and religion contribute to disadvantages for black women. Beauty Mkhize focuses on rural women and Yvonne Mokgoro (who went on to become Constitutional Court judge) writes about the impact of customary law on rural women, David Malatsi sets out the position of the Congress of Traditional Leaders. Prof H Simons discusses how patriarchy and apartheid are used against women under the guise of custom and religion.

Raising Ideas for the Creation of a Juvenile Justice System for South Africa

A paper prepare for the 'Children in Trouble with the Law' conference organised by the Community Law Centre, UWC.

Resource Allocation: Land and Human Rights In a New South Africa.

The land question is a special problem in the context of a larger constellation of problems concerned with the 300-year legacy of economic malfeasance, incompetence and expropriation of the economic patrimony of the mass of the people of South Africa. It is the basic recommendation of this paper that the land problem of South Africa must be seen in light of the emerging human right to development. This is a right which affirms the vital importance of putting the land problem into a realistic socio-economic and political context.

Challenges and Obstacles to Rural Development in South Africa.

The paper aims to give a broad and brief overview of the array of challenges and obstacles to rural development under a constitutional dispensation in South Africa. It attempts to touch on the complexity and linkages involved and to outline possible areas of intervention. In the opinion of the author, rural development equity between rural and urban areas, or the bringing of dignity and a liveable life for those in the rural areas cannot merely be achieved through a water-tight property clause in the Constitution.

South African Land Policy: The Legacy of History and Current Options.

The highly dualistic farm structure in South Africa and the low productivity of native African farmers have been the result of systematic distortions in land allocation, output markets and the provision of infrastructure. This dualistic structure did not emerge because of genuine economies of scale in the large commercial sector. Other countries in Latin and Africa that once supported a dualistic farm structure have either implemented large-scale land reforms or have experienced decades of peasants revolt and civil war. This paper compares these international experience in South Africa and outlines judicial and market-assisted approaches to South African land reform.

A feminist critique of the charter for social justice

This paper is a feminist response to the Charter for Social Justice. it provides a critique of the extrapolation of a constitutional model based upon a classical liberal Bill of Rights which draws boundaries between civil, political and social and economic rights. This paper incorporates the experience and demands of South African women. These are in essence, the constitutionalisation of women's rights in recognition of the full citizenship.

Property As a Human Right

In this paper, Albie Sachs discusses the phenomenon of landlessness and homeless families in the South African context. The author asserts that there is a group in South Africa that favours private initiative and more often it finds itself in a constant battle with attempts by the State to regulate their activities. This group is the shack dwellers, the so-called squatters on the outskirts of the cities. Mr Sachs postulates that the issue of landlessness and homeless can be addressed by reconciling two competing considerations. The first one is about dealing with with massive landlessness and rightlessness produced by Apartheid and secondly, to not allow people to be arbitrarily deprived on an interest lawfully achieved. The author then ventures to discuss these two considerations in detail and sets out how these considerations can be reconciled with a view to address the issue of prevalent landlessness and homelessness in South Africa.

Introduction: Free and fair elections

The first democratic election for a Constitutional Assembly is set for 27 April 1994. The value of the elections is to be determined by the extent to which the elections had been free and fair. A considerable body of jurisprudence has developed in democratic countries about the meaning of the two concepts, 'free' and 'fair'. The aim of this book is to explore the legal principles underlying free and fair elections and suggest appropriate legal rules to ensure that the forthcoming elections are free and fair.