The Acceptance Of Homosexuality In South Africa Essay

The Acceptance of Homosexuality in South Africa Essay
The Acceptance of Homosexuality in South Africa
For hundreds of years South Africa has endured a constant power struggle, oppression under the
apartheid government, the AIDS epidemic and homophobia. Internationally there are currently four
countries that permit same–sex marriages, which include the Netherlands, Spain, Belgium and
Canada. Even though homosexuality remains largely taboo in South Africa, the country is taking
steps towards overall equality and improved human rights allowing such unions to take place where
this lifestyle was once forbidden.
In modern day Africa homosexuality is illegal for gay men in 29 countries and for lesbians in 20
countries making homophobia a widespread epidemic. This legal status of homosexuals in ... Show
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This same visibility is seen today in the United States growing more and more. You can see same–
sex coupes holding hands in public and displaying the rainbow flag in plain view to show their pride
and in some to confront the stereotypes against gay people in Africa.
The increasing visibility of same–sex couples and the increased visibility of homosexuality did not
necessarily mean more gay men and women were coming out. For an African coming out is a
continual process because it involves additional cultural and social factors that play a major role.
The process is more difficult because the African family structure in much more connected than that
in the United States. If something affects one person in a family it affects everyone. Coming out
deals with homophobic churches, strong family foundations and ties that emphasize heterosexuality,
and the overall negative connotation associated with the GLBT community.
In the African community your stance on homosexuality is influenced by the church, you either do
not talk about it or you condemn it completely. In 2004 Africa's Anglican archbishops vowed not to
accept any donations from Western churches that support the ordination of gay priests. Even though
most churches in Africa depend on this funding from the West they continue to deny assistance. To
be gay and black in Africa often means that you must step into and out of the closet depending on
the social and
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Similarities Between The US Constitution And The...
1. Introduction
In this assignment I will be discussing the similarities as well as the differences between the United
States constitution and the South–African Constitution. This will show that South–Africa provides
more rights to society where as the United States provide limited ones.
South–African Constitution is seen as one of the most admirable constitutions in the world .
I will be discussing at a short version of the history of both constitutions and how they evolved
through time. Then I will elaborate on the actual constitutions and Bill of Rights of both the US and
South–Africa. The differences between the two will be emphasised later in the paper where some
interesting facts and case law will be highlighted.
2. History
2.1 United ... Show more content on Helpwriting.net ...
In the case Marbury v. Madison the chief justice held that the constitution is superior to any ordinary
act of the legislature. It is clear from South–African case law like S v Makwanyane that the
Constitution I supreme and no other piece of legislation can override it.
5.1 Marbury v. Madison
In this particular case of Marbury v. Madison the judgement ensured that the constitution gives the
sole power of judiciary to one court, the Supreme Court. The objective with this judgement was to
ensure that the government does not influence or control the law, and that a higher order such as the
constitution regulates this branch. The judgement also includes that the Supreme Court now has the
ability to be to the court of appeal to all other cases.
It is clear that the constitution grants the power to the courts to add and rectify all laws and
situations that may be excluded or wrongfully included in the constitutional distribution of power
and its laws because the Supreme Court is granted unlimited power by the constitution meaning no
restrictions is set on the Supreme

Democracy In South Africa Essay
Democracy and The ANC
"We the people of South Africa, recognise the injustices of our past;
Honour those who suffered for justice and freedom in our land;
Respect those who have worked to build and develop our country; and
Believe that South Africa belongs to all who live in it, united in our diversity.
We therefore, through our freely elected representatives, adopt this constitution as the supreme law
of the Republic..." (Preamble to the Constitution of the Republic of South Africa, 1996).
South Africa's past is one that is rooted in inequalities and injustices; racism and subjugation. Our
Constitution was promulgated into law by South Africa's first democratically elected President,
Nelson Mandela, twenty years ago in 1996.
It is considered to be a Constitution second to none in the world. Our Bill of Rights, which was
drafted taking very careful consideration of our country's painful non–democratic history, is widely
regarded as a document that is a global standard of human rights. The South African constitution
was drawn up through an extensive multi–party negotiation process. The result of this process was a
cohesive, highly influential document. Initially declared as our country's Interim Constitution in
1993, this document allowed for all South Africans to make the transition from apartheid to
democracy. Post the country's watershed democratic elections in April 1994, the Interim
Constitution was taken through a further consultative process involving the public

An Independent Judiciary
An independent judiciary allows for the protection of certain values that society deems important.
Thus this essay will critically examine the importance of an independent judiciary within the
modern day constitutional democracy of South Africa by outlining the key reasons on why an
independent judiciary is needed. The reasons being that independent judiciary within South Africa's
model of the separation of powers is vital for the protection of South African citizens against the
abuse of public power, the protection of human rights and the fair and impartial application of the
rule of law. Then examine the limitations of an independent judiciary and lastly concluding that the
separation of powers allows for an independent judiciary and the protection of the rule of law. ...
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Thus South Africa as a modern constitutional democracy governed by the rule of law must
guarantee judicial independence as a way to protect citizens from arbitrary rule as well as providing
assurance to citizens that the rule of law shall be upheld in a fair and impartial manner. Institutional
independence is one of the two aspects of judicial independence and is implicitly recognized by the
1996 Constitution of the Republic of South Africa, under s165 (2) where the judiciary is only
subject to the Constitution and the law. Thus the duty lies with all organs of state to assist the courts
in ensuring their 'independence, dignity, accessibility and effectiveness'. An independent judiciary
does not merely have the institutional independence but also decisional independence which allows
for the courts decision–making to only consider the law and the facts of the case separate from all
other external pressures or

Why Is Nelson Mandela Unfair
Under the racist discrimination regime, only white citizens of South Africa were granted the
privilege to participate in government and hold the best positions in all of the country's institutions.
However, the population in South America consisted with black people being the majority, they
were given menial jobs and little power within their homelands. It was clear that the two colors were
treated differently and unfair.
Nelson Mandela, a South African anti–apartheid, revolutionary, politician, and philanthropist
believed that all South Africans should get the opportunity to participate in society, unfortunately, he
was denied and subject to spend 27 years in prison. When he was released, he had no desire to
punish his those who imprisoned him. Instead, when he became president, he promoted a ... Show
He granted dignity and human rights to every South African. He transformed South Africa's
democracy that is now seen to be one of the world's leading constitutions that hold strong emphasis
on human rights, women empowerment, education for children and freedom for all. He wasn't only
a good man, but also a great leader who provided the inspirational fuel the entire nation needed.
Mandela was an honest man who succeeded to move the country with his great integrity to fair and
free elections.
A bad person wouldn't have dedicated himself the way Nelson did to liberate the African people of
South Africa. Nelson was viewed as good person for the good things he did. He stood up for civil
rights that the black South Africans deserved. He was fighting to end racism intermediate the black
and white people. A good person would want to make things fair, which is what he was trying to do.
He believed things were unfair between the two races and thought they were all equal to the point
where color didn't matter. He wanted to make South Africa a better place where there's no hunger,
racism, and

Nelson Mandela Research Paper
"In my country we go to prison first and then become President." In 1991, Nelson Mandela was
elected the president of the African National Congress. After President F.W. de Klerk released him
from jail, Mandela continued to negotiate the country's first non–racial elections for him. It began on
December 21, 1991 at the World Trade Centre in Johannesburg. White South Africans were willing
to share power but many black South Africans wanted a complete transfer of power as whites had
before. These negotiations were tense and violence across South African townships erupted followed
by the assassination of ANC and South African Communist Party leader Chris Hani on April 10,
1993. In 1993, Mandela and President de Klerk were awarded the Nobel ... Show more content on
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He used the nation's enthusiasm for sports as a way to promote reconciliation between whites and
blacks. The World Cup was the first major sporting event to take place in South Africa following the
end of apartheid. He encouraged black South Africans to support the once–hated all white national
rugby team. During his presidency he didn't hold a grudge and Mandela worked to reassure the
white population wouldn't be discriminated against,focused on personal forgiveness and
reconciliation. In 1996, Mandela signed a new Constitution for the nation, establishing a strong
central government based on majority rule and guaranteeing the rights and freedom of expression
for minorities– "(a) Human dignity, the achievement of equality and the advancement of human
rights and freedoms. (b) Non–racialism and non–sexism. (c) Supremacy of the constitution and the
rule of law." Through these small opportunities, Mandela completed his freedom mission for South

Impact of British Colonization on Kenya
History Russell McGillivray
Kenya The British colonization of Kenya destroyed the culture and economy of the native people,
but it established a democratic government and left Kenya a more modernized country.[1] During
the 1880's through 1914, the start of WWI, was an age of imperialism. One place that felt victim to
this imperialism was Africa. At this time Africa was a wholly unmodernized continent. The reason
the Europeans went after Africa was the introduction of the idea of social Darwinism and the "white
man's burden". Social Darwinism is the belief that only the strongest and the most cunning can make
it to the top of the social ladder, and it was the White Man's Burden to step in for these undeveloped
countries ... Show more content on Helpwriting.net ...
Other than those though, there were some major contributions made that still effect the country
today. One such contribution was the Lyttleton Multiracial Constitution,[19] which was imposed
after the Mau Mau crisis, as a way to appease the kikuyu rebels. This constitution was the first step
on the way to establishing a better relationship between the natives and the settlers.[20] This
constitution, created by the British, established a council, made up of legislators elected by all the
people of Kenya, which would make decisions on the future of the country. This was established
because the numerous cultural groups of Kenya had trouble agreeing on decisions for the country, as
each tribe wanted changes to better their own tribe. The British established this to help the native
Kenyan people, instead of taking advantage of them. This went a long way toward bettering the
relationship between the two peoples. 6 years later the Macleod Constitution was established. This
created an African majority in the council that gave the Kenyan's more power over the Settlers. It
also gave each tribe a share of the power in the council, much like the state representatives we have
in our congress; each tribe had a different share of the power based on size. The tribes with more
people had more representatives in the council, and therefore more power. With these two
constitutions, the Kenyan people were well on their way to becoming an

Concetps of Democracy and South Africa
1.From a basic and conceptual standpoint, thin concepts of democracy are more narrow, whilst thick
concepts of it take a much broader stance.(Democracy Index 2012:5)
Both definitions include the fundamental electoral requirements of a democracy whilst the thin
concepts seem to stay within this minimalist realm(Democracy Index 2012:5) and the thick
definition encompasses more political freedoms, adding civil liberties to the list of requirements as
well.(Democracy Index 2012:26)
Dahls version of polyarchy and Freedom Houses electoral democracy are examples of 'thin'
definitions where both define democracy by political freedoms only, mostly related to elections and
votes. (Democracy Index, 25, 26), Freedom houses' non electoral definition of democracy
(Democracy Index 2012:5) is "thick" as it adds to it a range of political liberties and includes public
freedoms.(Democracy Index 2012:5)
Sometimes there are even more points added to certain "thick" definition of democracy because they
do not see political and civil liberties as enough to define a country as truly democratic.(Democratic
Index 2012:26, 27)
The economic index does this where it sees that requirements such as a population that participates
in the democratic process and a government that is able to carry out its given role must be added on
to make a democracy more practically efficient.(Democratic Index 2012: 26, 27)
In conclusion thin democracy is a narrow definition(Democracy Index 2012:5) leading more
towards

Personal Experience: My Understanding of the...
The Constitution contains South Africa's Bill of Rights. The Bill of Rights focuses on equality and
that everyone is equal in the face of the law. Following my knowledge of the Constitution and on
my own personal opinion, the white people, ultimately the benefices of the Apartheid, should not
have to special tax to the government. Acknowledgement and reparation takes a lot more than
paying money, it also calls for forgiveness and acknowledgment of this to move forward.
The Transformative Constitution gives ideas on how to "cross a bridge", through ways that do not
entitle another ethnic group paying special wealth taxes. If benefices had to pay, it could leave upset
in the communities, as beliefs that they are now being forced into something they don't want to do,
is the reverse of what happened in Apartheid, but on a much smaller scale. As mentioned in many
articles, when people do not have faith in their justice system, justice will not prevail.
My understanding of the Transformative Constitution is that we must understand our communities
on a much deeper. People also need to have an understanding of legal knowledge and concepts. It
cannot be done by the courts alone but also at a government level. Courts and government are
important but it needs to happen at a social level as well. It is up to us as communities to live in
harmony and allow reconciliation to happen.
Reconciliation comes at a much deeper and emotional level. Both parties must meet at an
agreement. The

The Canadian Charter Of Rights And Freedoms
Introduction: Exchanging ideas to build upon the status quo, or to justify it
After the storm clouds of apartheid lifted to reveal the Rainbow Nation of South Africa in 1994, the
first democratically elected government was tasked with drawing up a new constitution that would
properly enshrine the human rights that had so long been denied the majority of citizens. One source
drawn upon in developing the new constitution was the Canadian Charter of Rights and Freedoms,
itself then little more than a decade old. It is not necessary to be a constitutional scholar to detect
many similarities between the two; indeed, Canada's pride in this connection is such that it is
highlighted on the Government of Canada 's webpage on bilateral relations with South Africa, which
boasts "South Africa 's 1996 Constitution and Bill of Rights draw heavily on Canada 's Charter of
Rights and Freedoms".
Viewed together, the Canadian and South African documents represent progressive advances in the
constitutional enshrinement of human rights; as such, each reflects an enlightened view of human
rights at the time it was drafted, with subsequent jurisprudence reflecting attempts to accommodate
emerging global norms. For instance, the South African Bill of Rights offered the world 's first
explicit constitutional recognition of equality based on sexual orientation; at roughly the same time
it was being drafted, the Supreme Court of Canada read in similar protections as an analogous
ground under the

How Do Presidential Systems Differ from Parliamentary...
POLITICAL STUDIES
POL1004F COVER SHEET
Student Name: Stacy Liddell
Student Number: LDDSTA001
Tutor: Dadisai Taderera
Tut Group No: 32
Assignment No: Course Essay 1
Date: 15 May 2009
Plagiarism Declaration
1. I know that plagiarism is wrong. Plagiarism is to use another's work and pretend that it is one's
own.
2. I have used the Harvard convention for citation and referencing. Each contribution to, and
quotation in, this essay from the work(s) of other people has been attributed, and has been cited and
referenced.
3. This essay is my own work.
4. I have not allowed, and will not allow, anyone to copy my work with the intention of passing it
off as his or her own work.
Signature ______________________________
How do ... Show more content on Helpwriting.net ...
This shows how important the role of the judiciary is.
In a parliamentary democracy it is very important to know that the prime minister is the head of

government and the head of state is usually a constitutional monarch or an elected president.
Newton and van Deth describe a parliamentary system as one in which the electorate does not
decide who the executive is but in fact the executive is drawn from the legislature (2005:63). The
executive is made up of both a prime minister and a cabinet. The cabinet is made up from the
majority party or coalition party and they get the seats of office. The cabinet has shared
responsibilities and together with the prime minister run the government. One big difference to
presidential systems, which separates the executive's responsibility from the legislatives'
responsibility, is the fact that the executive is directly dependant and accountable to the legislative
branch of government (Newton and van Deth, 2005:64). The prime minister has the power of
appointing and sacking cabinet members but the cabinet may also loose confidence in the prime
minister which could see the prime minister loose power. This means that cabinet and the prime
minister have to 'stay closely bound by this mutual dependence' (Newton and van Deth, 2005:64) if
they are to be successful.
The presidential system is very different to the parliamentary system and the main reasons are
outlined by Newton and van Deth: the president is 'directly

The Apartheid Of South Africa Essay
South Africa, after experiencing the apartheid, is trying their best to overcome the apartheid. Now,
the country even has its own leader. He is Jacob Zuma. It is already his second term as a president.(
News, B. (2016, August 5)) The country went over a lot of things, and the history of democratic
political system is not very long for them.
English and Dutch colonized South Africa in the seventeenth century. After South Africa got its
independence from England, Afrikaner National Party became a majority. This was the result of two
groups trying to gain the most power, and the Afrikaner National Party won. After the independence
and apartheid they experienced, there was the first non–racial elections in 1994. After that,
parliamentary republic was elected after replacing constitution of Interim Constitution in 1197,
February 4th. After the independence, South Africa tried its best to be non–racist and get out of the
apartheid they struggled. South Africa elected its own president, and aimed to be democratic. Even
though South Africa now is not fully settled democratic system, they are still struggling and trying
hard to be fully democratic. (The History of Apartheid in South Africa.)
South Africa once again, tried its best and still trying to be a democratic country. However, the
second largest party, DA, was under the control of apartheid even though the party opposed
apartheid laws. That is why DA changed its route to be more conventional liberal, which opposed
ANC.(

The Cases Of Olga Tellis V. Bombay Municipal Corporation...
The cases of Olga Tellis v. Bombay Municipal Corporation and Republic of South Africa v.
Grootboom both dealt with the issue of socio–economic rights and their enforceability by the courts.
Olga Tellis saw the affirmation of a right to livelihood as part of a broader right to life. While
Grootboom saw the Court strongly rebuke the government by ruling that it had not been meeting its
section 26 (2), specifically because no strategy was being implemented to aid those in desperate
need of housing like Grootboom. The two landmark cases provide wider insights into how each
country's court engage with socio–economic rights. This essay will argue that the South African
approach to the enforcement of socio–economic rights is much stronger than ... Show more content
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The one exception to this trend was the Ahmedabad case, where the Court said that Article 38, 39,
and 46 of the Constitution gave the State obligations "to distribute its largess" in the hopes of
improving the quality of life of the poor. However, much like with Olga Tellis, those living in the
slums were not granted any real aid by the Court. Even with regards to the right to a livelihood, it
has been pointed out that there was no actual expansion upon what exactly that right entails. So
while there is engagement with the idea of socio–economic rights, as Olga Tellis shows, there is
very little impetus to actually take steps towards enforcing those rights.
In Grootboom the Court was faced with the issue of a group of displaced squatters, who felt that
their rights under sections 26 (everyone has right to adequate housing) and 28 (1) (c) (every child
has right shelter) were being violated. The Court's ruling found that the government was not
meetings its obligations under sections 26 (2) of the Constitution, which required that the state take
measures to increase access to housing; specifically the Court noted that the state had especially
failed in providing any sort of aid to those poor who were in desperate need of places to live. Thus
the Court issued an order declaring that the state devise and implement a program to

The Common Law Defence Of Reasonable Disciplinary...
Criminal law assignment 1
Topic 7: Reasonable disciplinary chastisement
Introduction:
This assignment aims to provide a refined understanding regarding the common law defence of
reasonable disciplinary chastisement ("RDC") in South African law, in the context of a statement
issued by the South African Minister of Social Development, Ms Bathabile Dlamini ("Dlamini").
Firstly, an analytical response will be given as to whether the author of this text agrees with
Dlamini's statement. Secondly, using her statement as a point of departure, the future of this criminal
defence will be discussed, evaluated and channeled towards affirming and producing a concluding
remark, by means of case law as judicial precedent and central academic opinions and disputes, as a
secondary source of evaluative analysis.
Disciplinary chastisement:
Background
The previous common law interpretation regarding ("CP") was significantly influenced by English
law, employing an approach of moderate corporal chastisement as permissible towards those under
their care. Snyman relays that unlawfulness is based upon the principle of 'objective reasonableness',
which is founded on the "legal convictions of the community" or boni mores. Within South African
criminal law, disciplinary chastisement is classed as a 'putative' (supposed) defence and will exclude
the criminal element of unlawfulness, unless inconsistent with human rights norms.
Moderate and reasonable disciplinary chastisement
The legal requirements

Nelson Mandela Essay example
The Men Of Aparthied
From 1948 to 1994 apartheid was enforced in South Africa. Apartheid was the name given to a form
of legal segregation is South Africa. Apartheid first came about in 1948 when South Africa's
National party took power. South Africa's government broke the country's population into four
groups. Those groups were the whites, who consisted of approximately 13 percent of the population,
Africans, who were 77 percent of the population, people who were of mixed descent comprised
eight percent of the population, and Asians who were only 2 percent of the population. South
Africa's government set aside certain lands for each of the groups, and those groups were forced to
live in those homelands. Besides residential segregation ... Show more content on Helpwriting.net ...
In order to do that deKlerk had to repeal The Group Areas Act of 1966, and the Lands Act of 1913,
and 1936. The same month that both those laws were repealed The Population Registration Act of
1950 was also erased. The Population Registration Act required that all South Africa's record their
race with the government. In 1991, de Klerk's government started to make a new constitution that
would make South Africa's government a nonracial democracy. The whites in South Africa agreed
with the new congress, and in 1993 The African National congress agreed to change their
government. South Africa's first non racist election took place in 1994, and the African National
Congress won that election. The new president was a recently released inmate by the name of
Nelson Mandella.
Nelson Mandela has played an important and controversial role in the history of South Africa and
establishing South Africa as a Democratic country. Nelson Rolihlahla Mandela was born in Umtata,
in the Transkei territory of South Africa. His father was a tribal chief. Mandela became a lawyer and
helped form the Youth League of the African National Congress (ANC) in 1944. Mandela gained
national importance as a black leader for protest against the government and apartheid which
occurred in the 1950's. In 1956, Mandela was arrested and charged with treason and other serious
crimes, but was found not

Impact Of Pluralist Theory In South Africa
Pluralist Theory
Pluralist Theory focuses on equal distribution of resources and power, this in regards it means power
is distributed to many groups. This in South Africa can be associated with NGO's, Trade Unions,
Professional associations and business lobbyists which share power. Pluralist theory can only
investigate democratic states (Diane & Julian, 2009:11).Therefore in this study it will be applicable
on the basis that multiple political parties and trade Unions exist in South Africa. The absence of
policy implementation on democracy indicators will be investigated based on the three: human
Dignity, democracy education and Free Press. The constitution will assist as the point of departure
on how the bill of rights outlines the law in South Africa and why the ANC slowly implements
section 2. Equally as democracy has an ideological influence which political parties are driven from
e.g. ANC, EFF and D.A share different perspective on how society should live, therefore the
pluralist theory will investigate if ... Show more content on Helpwriting.net ...
The second aspect is Free Education within institutions of higher learning. The numerous protests
that took place in South Africa is the sign of the absence of policy implementation as guided by the
freedom charter and the constitution, bill of rights section 29. Education must be free and made
available to everyone that is one aspect of democratic indicator within a democratic state. Therefore
the ANC government has failed dismally on this issue in the past 23 year's post 1994. The Pluralist
theory will investigate the cause of why this policy is not executed and if possible the funds are
inadequate to implement this policy of free education. The theory will also provide direction on how
to implement policies as guided by the constitution of South Africa and the freedom

Underprivileged Black Women: A Cultural Analysis
Cultural practices refers to the manifestation of a culture, especially in regard to the traditional and
customary practices of a specific ethnic. This can apply to any person manifesting any aspect of any
culture at any time. According to the World Health Organization, female genital mutilation, a
procedure involving partial or total removal of the external female genitalia or other injury to the
female genital organs for non–medical reasons, is practiced in 28 African countries.
(B1)South Africa has not escaped the rising prevalence and severe impact of HIV/AIDS in relation
to women. From an economic and social vantage point, the HIV/AIDS epidemic effects women the
hardest, with underprivileged black women the most susceptible to the virus. The theoretical
framework of this paper focuses on the intersection between HIV/AIDS, gender inequality and
gender violence, and more specifically on certain cultural practices and customs that contribute
towards and exacerbate women's subordination and inequality, which in turn increase women's
exposure to HIV infection. ... Show more content on Helpwriting.net ...
International and regional instruments protect a number of key rights relating to culture. Indeed, the
constitutions of most countries in the world, including South Africa, have explicitly provided for the
protection of this right. Van der Vyver emphasizes that the provisions in the South African
Constitution protecting cultural rights realize the global norm contained in article 27 of the
International Covenant on Cultural and Peoples'

Examples Of Ukuthwala
The Conflict of 'Cultures'
Culture is the joining of ideas, customs and the social behaviour of people. The right to culture has a
significant importance in protecting and allowing for the development of the beliefs of minority
groups. However, as explained by Dana Irina, the existence of political and legal cultures may cause
friction and subsequently contradict with some of the individual cultures . Therefore, using the
example of Ukuthwala, the discussion of which culture will prevail should arise.
Ukuthwala is an amaXhosa custom whereby a man and his peers kidnap a girl with the sole purpose
of encouraging her family to begin marriage negotiations. In the past, girls were required to be of
legal of legal ages and the kidnapper incurred ... Show more content on Helpwriting.net ...
Journal Articles:
Dana Irina 'A Culture of Human Rights and the Right to Culture' (2011) 1 no. 2 JCC at 30 to 48.
MJ Maluleke 'Culture, Tradition, Custom, Law and Gender Equality' (2012) 15 PELJ 428 at 2 to 18.
N Moosa 'Book Review The Future of African Customary Law by Fenrich J, Galizzi P and Higgins
TE (eds)' (2012) 15 no. 5 PELJ at 632 to 638.
Legislation
Constitution of the Rebublic of South Africa Act 108 of 1996
Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000
The Children's Act 38 of 2005
The Criminal Law Amendment Act 32 of 2007
Recognition of Customary Marriages Act 120 of

Examples Of Legal Formalism
Legal Formalism today
1 Introduction
The legal–formalist belief in the capacity of legal rules to determine the outcomes to legal disputes
without having recourse to the judge's political beliefs or sense of fairness has been severely
criticised by, amongst others, legal realists and critical legal studies scholars. This assignment will
firstly address what legal formalism entails, following which the criticisms of legal formalism will
be discussed and lastly whether legal formalism can impede the transformative ideas of the
Constitution. All of the above will be analysed to determine the role of legal formalism today.
2 Legal Formalism
Formalism in law refers to "the claim that well–crafted rules embodied in authoritative texts will
contain ... Show more content on Helpwriting.net ...
Weinrib argues that there has not been one legal system that applied law completely coherent. If one
thinks about this there can be derived that if "complete coherence is a requirement for legitimacy,
then no legal system has ever been legitimate". This cannot be accepted since law systems are
supposed to be inherently legitimate. Coherence definitely is a desirable element within law but
complete coherence is not reasonable. Formalism to an extent is required when judges are applying
laws but there is uncertainty to what extent it is applicable in South African law today.
3 Criticisms of Legal Formalism
There are various criticisms of legal formalism, most of these are expressed by scholars of critical
legal studies and by legal realists.
3 1 Critical legal studies scholars
The Critical legal studies movement is the successor of an American realist movement. The main
characteristic of this movement is the criticism of formalism. The scholars of this movement believe
that "techniques of legal reasoning – such as distinguishing cases, interpreting texts or analogizing
from one area of law to another where similar problems arise – are so flexible that they can justify
more than one outcome". The scholars of the critical legal studies movement want to achieve is

What Did The Release Of Nelson Mandela And The Willingness...
Ashleigh Blieden 12MT Key 2
Hyde Park High School
Stage 4
To what extent did the release of Nelson Mandela and the willingness of FW De Klerk to work with
the African National Congress, help bring democracy into South Africa?
Contents Page
Cover Page 1
Contents Page 2
Review of Literature ... Show more content on Helpwriting.net ...
It contributes to my investigation of how democracy came into South Africa as it shows the
willingness of FW De Klerk to work with the African National Congress as it says that he lifted the
ban on the ANC. This source is useful as it gives an overview of what had happened during the time
period and gives an objective and balanced account, the writer has also used a variety of primary
sources to put this source together. This source however, does have limitations as it may be one–
sided and only reflect the point of view of the writer. This source is also valid as it comes from a
history website. It is reliable when studied with other sources but is not reliable on its own.
Source J was written by Matthew James Graham. The author of the source also has a degree of Phd
in History. The source contributes to my investigation as it discusses the unbanning of the ANC,
which shows the willingness of FW De Klerk to work with them. It also discusses the willingness of
De Klerk to negotiate with the ANC to end Apartheid.

Transformation of Judiciary System
The call by some senior members of the African National Congress for the transformation of the
Judiciary doesn't compromise judicial independence
Introduction
In the trias politica, every arm of government has equal power compared to other arms of the
government. However, to make sure that all the arms of government in the trias politica have equal
powers they must be accountable to each other. That means they must implement the oversight to
one another so that no arm of government ends up with greater powers than others in the trias
politica. A call by ANC or any member of any political party for the transformation of the Judiciary
doesn't compromise judicial independence but implementing the oversight to the Judiciary as it is
one of ... Show more content on Helpwriting.net ...
"Now ANC want to deploy its corrupt comrades to also corrupt the highest court in the land, No I
don't support." (Siya"twitter.com/sunrise). What people or citizens have to know is that
transformation of judicial system doesn't mean the transformation of the constitution.
If the judicial system is so independent it won't be able to represent people, promoting and
protecting South African constitutional values. It won't be able to ensure its accountability and
improving the appropriateness of the justice system and so to make sure the access of all people to
justice. The power that the Judiciary has is much high and strong and it forbids or outlaws the
executive to question its decision with the belief that they are always on the right track and whatever
decision they make is lawful. ANC's transformation of Judiciary document doesn't have anything to
do with all these matters of corrupting the power but trying to stop the absolute corruption by those
highly in power.
The unjust of the Apartheid era constitution resulted on the apartheid constitution being amended
and drafted the new in after 1996. Now because of unjust laws of the past has led to the
transformation of the constitution to ensure democracy, it therefore means there might be loopholes
even in our new democratic constitution and when they have been reviewed they have to be
corrected. The

Changes In Japan Essay
Vanessa Covarrubias
Dr. Kopp
CRJU 360
13 December 2017
Changes in Japans and South Africa's Criminal Justice System
A Nations history has a strong influence on the way they decide upon new ideas and laws. Some
countries undergo drastic measures in order to change their injustice ways. Japan and South Africa
both endured historical events that shaped the way their criminal justice is now.
Japan underwent a historical event that eliminated their old constitution and originated a new one.
During the Mejia restoration Japanese feudalism was overthrown, and Japan was introduced to
Western political principles (Terrill, 2016). The Mejia restoration led to a transformation of an
economic system, and from that Japan adapted their first ... Show more content on Helpwriting.net
...
Furthermore, with the reconstruction of the constitution it established a cabinet form of government
with a prime minister and it created a new judicial system (Terrill, 2016). Additionally, South Africa
also experienced previous movements that have changed their criminal justice system for the better.
South Africa during 1948 –1994 underwent a long period of racial discrimination from the
apartheid. During the ruling of the apartheid the blacks were segregated from the whites. The
apartheid created policies in order to protect the white society from being overpowered by the
number of colored people in the country (Kopp, 2017). They wanted a clear separation of blacks and
whites. The apartheid becomes the top leaders of South Africa after the British declared victory of
the South African war (Lovell, 2017). They created laws in attempts to segregate the blacks from the
whites, for example, the apartheid constructed the native land act, which prohibited any interaction
between the two races ( Lovell, 2017). The apartheid also implemented rules prohibiting black youth
from having the same education as the whites and also forcing blacks to carry around passes while
they were out in the streets. As a result, to this injustice implementation Nelson Mendela, Walter
Sisulu, and Oliver Tambo formed an organization, known as the youth league (Lovell, 2017). The
youth league would participate in boycotts,

Ethnic Conflicts in Nigeria
The military elites made the situation even worse by staging coups and making a mockery of
democracy in Nigeria. The military era was marked by corruption, ineptitude and confusion. It drove
Nigeria into many problems including economic problems, poverty, and ethno–religious conflicts
until the 1990s. The military continued intervening because they believed the civilian leaders were
inept and indecisive.
Ethnic conflicts continued to escalate through the democratic transition in Nigeria, as various ethnic
groups demanded political restructuring. The federal structure has developed deep cracks and
demands urgent action to fix it. What is most worrisome in Nigeria is the religious dimension of
ethnic conflict and competition for power and oil wealth. The numerous ethno–religious conflicts
that the northern cities of Kaduna, Kano, Jos and Zamfara have witnessed, came about from the
introduction of Muslim Sharia courts, in addition to the South's demands for autonomy. The
continuing conflict is a sign Nigeria's lack of effective mechanisms to manage ethnic conflicts.
The intense ethnic conflicts that rocked Nigeria and South Africa have pushed them to develop
constitutionally backed institutions for conflict management. In South Africa, the state has prevented
further conflicts by developing multiple democratic approaches to create a foundation for peace and
security. The new constitution crafted an impressive document aimed to heal the wounds of the past
and to build a

Rights Dbq
[Accessed on 25 August 2015, http://www.vision.org/visionmedia/social–issues–rights–vs–
responsibilities/4750.aspx]
Carrey–Lynn Legge
Grade 8/2
Rights and Responsibilities
Due: 5 September
[Accessed on 25 August 2015,
https://room14ashborough.wikispaces.com/With+Rights+Come+Responsibilities]
Contents
Question 1 3
1.1 What is a Constitution? 3
1.2 Why do we need a constitution for our country? What is the full name of the Constitution of our
country? 3
1.3 Who approved and signed our new Constitution the first time? When did this happen? When did
South Africa's Constitution come into existence? 3
1.4 Which law is the highest in South Africa? Is anyone is South Africa exempt from not obeying
this law? Motivate your answer. 3
1.5 What is the condition under which our Constitution can be changed? 4
1.6 Where can the Bill of Rights be found? 4
1.7 What is the ... Show more content on Helpwriting.net ...
In order for the Constitution to be changed, at least 60% of the country's voters need to be in
agreement of and approve the changes.
1.6 Where can the Bill of Rights be found?
The Bill of Rights can be found in Chapter Two of the Constitution of the Republic of South Africa
1996.
1.7 What is the purpose of our Bill of Rights?
The Bill of Rights lists the rights and responsibilities of South Africans aswell as affirms the values
of dignity, freedom and equality.
1.8 Why is it important to acknowledge the responsibilities for each right?
Every single person is entitled to human rights. In order to protect your rights you have to be aware
of your responsibilities and meet those responsibilities.

All in all, The Constitution of South Africa is extremely important and is used every single day. It is
the foundation for our entire country and the whole of our country would be in complete darkness
without it.
Bibliography – Essay
Accessed on 25 August 2015

Corporal Punishment with Respect to the Private and Public...
1 Introduction
Corporal punishment is the unlawful intentional act of causing harm by physically inflicting
punishment on the body of an offender or severely criticising the offender. There is a distinction in
common–law between corporal punishment in the public sphere and in the private sphere.
Corporal punishment on children in the private sphere is administered by parents. It is legally
accepted in South Africa, provided that the requirements are met.
The public sphere's position is much different in the sense that the government along with all
schools have no authority to physically discipline school children anymore. Authority to exercise
corporal punishment often leads to abuse of power, child abuse and feelings of superiority. All ...
Rex v Janke & Janke ('Janke') clarifies the rights parents have when corporally punishing their
children with the intention of teaching them a valuable lesson. The requirements for this defence are
for it to be moderate and reasonable. The reasonable requirement refers to the child having to
wrongfully do something or threaten to do so. The moderate requirement states that the punishment
must be in proportion to the age, build, health and gender of the child. Corporal punishment by
parental authority can only succeed as a defence if it meets these requirements, as well as having the
intention to discipline or educate the child.
3 1 Arguments against parent's right of chastisement
The harm inflicted on a child when punishing him/her, violates the human rights of the child, which
states that every child should be protected from abuse or degradation in section 28(d) of the
Constitution. Another point of inconsistency the legalisation of corporal punishment in the private
sphere, is set out in section 39(3) of the Constitution that states: "The Bill of rights does not deny the
existence of any other rights or freedoms that are recognised or conferred by common law,
customary law or legislation, to the extent that they are consistent with the Bill". The current
position of the private sphere is not in correspondence with the public sphere, even though they both
deal with corporal punishment. Confusion could be raised as

The Comportance Of Coctive Rape In South Africa
Corrective rape is a common practice in South Africa where heterosexual men force sexual
intercourse on a homosexual female with the supposed intention of convincing her to become
heterosexual. Whilst corrective rape has been reported in countries throughout Asia and Africa over
the decades, its prevalence in South Africa is what led to the coining of the term in the early 2000s,
in the aftermath of the violent deaths of prominent South African lesbians like Eudy Simelane and
Zoliswa Nkonyana. Given the country's liberal constitution and legal framework that explicitly
protects the rights of women and LGBT citizens, the prevalence of corrective rape in South Africa
may seem unusual. However, corrective rape is rooted in deeper institutional issues that encompass
South Africa's courts, sexism, homophobia, and political climate. This paper will explore how the
prevalence of corrective rape in South Africa is rooted in these deeper issues, and why they must be
changed in order to fight the broader issue of corrective rape.
The biggest predictor of violence against women is the prevalence of stereotyped gender roles in a
society. In many cultures, especially in South Africa, men are supposed to be masculine, strong, and
fearless. Women on the other hand are supposed to be feminine, nurturing, and sexual beings to
please men. Deviating from these discourses tests the norm that society creates. The presence of
lesbians often challenges these exact gender expectations, through

Transformative Constitutionalism
The effects of apartheid have long outlived the days of its existence and there seems to be no sign at
this point of South Africa completely moving past it. There is, however, always hope, and solutions
are much sought after. In August 2011, former Archbishop Desmond Tutu1 announced his
suggestion to rectify the wrongs of the past by implementing laws that require all white citizens to
pay a special tax. This would serve as reparation to symbolically account for the benefits that white
people as a whole acquired as a result of the apartheid regime. My stance on the matter is that the
apartheid laws were rules disadvantaging members of a certain race, and this act which violated
human equality and dignity was deeply frowned upon. This suggestion by Desmond Tutu is
essentially trying to seek revenge by enforcing rules on the beneficiaries of the past laws that
disadvantage them based solely on their race. One instance cannot be described as horrific, while the
same thing forced onto a different race is seen as justified. This ideal of reconciliation in South
Africa will further be discussed by referring to the views expressed in 'Transformative
Constitutionalism'2 and 'Transformative Adjudication.'3 The Constitution of South Africa4 will also
be explored, with the intent of determining whether the perspective of Archbishop Desmond Tutu is
justified.
Transformative Constitutionalism
Transformative Constitutionalism5 does not have a single definition; it is better described

Interpersonal Cross-Cultural Competencies And Capabilities
Interpersonal cross–cultural competencies and capabilities are critical to the US Army's strategic
objective in the future operating environment. The operational environment requires a holistic view
of political, military, economic, social, information, and infrastructure systems. A country's culture
can be defined as a programming of the mind that distinguishes the members of a region or nation
from another. South Africa has a rich and complex culture and history of its own since its
independence from Britain nearly a century ago. This essay will go on to discuss in depth the culture
and history, as well as geography and military history and concluding with an understanding of how
the people of South Africa live. South Africa's ... Show more content on Helpwriting.net ...
Another key point, none of the country's rivers are commercially navigatable, making water
transport impossible. Department of Human Settlements is currently working through the National
Development Plan's 2030 vision of transforming human settlements and spatial economy to create
more functionally integrated, balanced and vibrant urban settlements. By May 2016, government
delivered more than 4.3 million houses and subsidies since 1994, benefiting more than 20 million
South Africans. Law enforcement services in South Africa fall under the Department of Police,
which is responsible for policy determination, direction, and overall execution of the department's
mandate in relation to relevant legislation. The National Police Commissioner answers directly to
the Minister of Police. The education system of South Africa remains one of the country's highest
priorities as it moves forward towards its 2030 vision. Approximately 88% of South Africans above
the age of five years, attended educational institutions of primary or high school. South Africa is
infamously known for its AIDs epidemic; however, they have made great progress in comabatting
the deadly deasease. The HIV–infection rate is reduced to 1.5% in 2015, while in 2008 it was 8%.
South Africa has a vibrant multiparty political system, with thirteen parties represented in the
National Assembly of Parliament. African National Congress is the majority party, with 249 of the
400 National Assembly seats, the

South African Common Law And The Capacity Of The Supreme...
1 Introduction
In this assignment I will critically analyse the problematic origins of the South African common law
and the capacity of the supreme Constitution to remedy said origins. This will be discussed by
referring to the history of colonialism and its impact on the formation of common law practices, the
development of common law in terms of the constitution, the opposing approaches made by
different courts regarding the same cases and as a final point I will discuss the role of legal culture in
the transformation of common law.
2 Forced transplantation of common law
It can be argued that the common law practices were introduced through the process of forced
transplantation through colonialism. Colonialism is the policy or practice of acquiring full or partial
control over another country, occupying it with settlers and exploiting it economically. The Dutch
settlers were the first to colonise South Africa, they had a "mercantilist mentality" which justified
military conflict, plunder, and exploitation as methods of enrichment. This occurred during the
mercantilist period (1500–1880) and was bought into the Cape by the VOC and the Dutch colonists.
This mentality included certain measures that were put in place; such as tariffs, corruption, slavery
etc. The "inboekstelsel" otherwise known as the in booking system was later introduced by the
Dutch, this system lead to majority of the Khoisan being forced into unfree labour. It involved the
process of the slave's

Importance of the Constitutional Hill in Sa
nal
Report on the tour to
Report on the tour to
5/20/2013
5/20/2013
Thabang Rakau Grde 8 History Assessment Task
Thabang Rakau Grde 8 History Assessment Task
Importance of the Constitution Hill in South Africa
It is important for our youth of today in South Africa to know what our great leaders and ordinary
people of our country went through for us to gain freedom and equal rights in this country
Its shows us the conditions that people were treated for unfair equality, judgment and misconduct
that the past government had put in place.
The constitution hill also briefly illustrates what South Africa's past was like as there was apartheid
and non–whites had no rights.
It is important for our history and what ... Show more content on Helpwriting.net ...
It holds a brief description of South Africa's past and the huge amount of changes that the whole of
South Africa went through leading to the present
It teaches our youth about our democracy and about our human rights that we possess and must
protect
It gives us children knowledge on how people were treated then and now and that we should be
grateful on the privileges that we have and that we live in a country where there is no more
inequality and racism.
It gives us the feeling and a sense of freedom compared to as back before 1994.
It is also a great place for tourists to see and for other people that are not South Africans to know
about our history, our present how we lived and what we are planning to do in the future.
It is a great way to show our political history
The constitutional hill also consists of the constitutional court which is the main constitution court in
South Africa which is a great place to deal with things involving the constitution and people's rights.
It showes a great amount of heritage of south africa
Does the constitution hill show diversity in the population of South africa ?

Yes the constitution hill does show diversity as there were peple of all races and religion that were
kept in the constitutional hill and there were also women that were imprisoned
But although there was diversity in the constitution hill due to the enequality between whites and
non whites and racism, the non

Gender Based Violence And Intimate Partner Violence Bring
There are many problems that gender–based violence and intimate partner violence bring. The
spread of HIV/AIDS in South Africa is one of the biggest problems that come up through gender–
based violence. Different women's and feminist organizations are attempting to fight against these
problems such as the risk of sexual abuse and the epidemic of HIV/AIDS. Since the destruction of
apartheid, South Africa and South Africa's government have gone through a massive
metamorphosis. South Africa is said to have one of the best constitutions in the world, which came
into effect in 1997. While it has one of the best constitutions, South Africa still has some of the
highest reported instances of rape. While the fight against gender–based ... Show more content on
Helpwriting.net ...
The Khoekhoe were the first indigenous peoples to come into contact with the European settlers,
which resulted in the spread of diseases, such as smallpox, to the Khoekhoe. By 1662, only ten years
later, about two hundred fifty white Europeans were living in the colony. The colonists eventually
started moving east where they encountered more indigenous peoples such as the Xhosa, Khoi, and
Zulu. In the second half of the eighteenth century colonists from the Netherlands, Germany, and
France were starting to lose their connection with Europe, giving birth to the Afrikaner state. In
1795, the British took the Cape over from the Dutch, and then in 1802, the Dutch took it back, only
to have the British take control over the Cape in 1806 until 1910, when South Africa achieved
independence from the British and white minority rule. There were Cape Frontier wars between the
British and the Xhosa starting around 1820. The British placed new settlers on the eastern frontier as
a defense against the Xhosa, in order to keep them at bay. In 1834, slaves were emancipated, which
began the Great Trek, which was an emigration to the north and east that consisted of Afrikaner, or
Boer, farmers. The farmers wanted to live independently of colonial rule and colonialism, which
they saw as unacceptable, racial classlessness. There was a war between the Boers and the Zulu
because of a misunderstanding of land. The Boers trekked to an area in which the Zulus had

Three Branches Of Trias Politica
The South African government consists of three branches, namely The Legislative authority,
Executive authority and also the judicial authority. These branches of government are also named as
separation of powers, and they were established in order to prevent the improper ruling of the
country or the abuse of power in these branches. This essay will discuss the Trias Politica with a
particular reference to public administration in contemporary South Africa.
The method of separation of powers has played a very important role historically, since it creates
fairness and non–abuse of power and it has shaped the government system for an example in the
South African context so it played a vital role in the South African constitution (Mojapelo, ... Show
In this way, the administrative power has the ability to make, revise and nullification principles of
law; besides, the official power has the ability to execute and uphold tenets of law; and the legal
power has the force; if there is a debate, to figure out what the law is and how it ought to be
connected in the question. Consequently, these three branches make the thought of Trias Politica,
which characterizes the regulation of separation of powers, such that every sphere lives up to
expectations with shared measure of the power that the South African constitution has. This implies
that choices and power can't be made by one branch, such that each of the three spheres cooperate to
adjust the power without meddling each other, so that the constitution takes after responsibility,
openness and responsiveness for the prosperity of everybody who stays in South Africa. This is done
by the separation of powers and upholding checks and balances, notwithstanding this, likewise
abstains from diffusing power so totally that the administration can't have the capacity to take
convenient measures in people in general interest. Public administration is the act of government
execution, for instance, how all taxpayer driven organizations are being done by the general
population hireling to the general population. In this manner, the executive has a close association
with the administration, for an example the minister and the president frames the executive, such
that the minister is placed in control by the president to be responsible for the administration
division to do the order from the president. This makes the administrators to be responsible to the

South African Social Media Landscape 2016 Study Conducted...
Technology
South African Social Media Landscape 2016 study conducted by World Wide Worx and Fuse ware
has revealed that: Most users are accessing their social media platforms with their mobile devices
such as smartphone and tablet.
When it comes to science technology South Africa has been no slouch, in 2011 they were able to
produce a full body X–ray that emits up to 10 times less harmful dose than regular X–ray systems.
Other inventions they were able to produce are the fingerprint identification classifier,3D
Underwater imaging system, CAT Scan, Dolosse and many more. In terms of infrastructure South
Africa is a large country, with nine provinces that lack the support of national infrastructure to
connect big cities to small ones. ... Show more content on Helpwriting.net ...
Citizens view all levels of government in the country as corrupt and lazy yet many still believe that
the government is the best option for making things better. Since 1994, the country has basically
been a one part country ruled by the African National Congress (ANC). They have had a two–thirds
majority since the creation of the new constitution and has used that power many times to alter the
constitution. The ANC is considered to be pretty far left on their platform and policies. They believe
in living wages, a very strong social safety net, and guarantee living quarters. The political scene has
been shaking up recently, the ANC has been losing significant votes in major cities and other
political parties are now gaining traction within the political sphere. The legal oversight of the
country is mix. There is a high rate of serious crimes going on within the country. If you are poor or
unconnected you can easily be charged and convicted while a wealthy person is seen as someone
who can literally get away with murder.
Aesthetics
South Africa cherish the past. Though they may like the past, they do not shy away from the popular
culture. There is great diversity with black musicians that have developed a unique style called
Kwaito. It's said to have taken over their radio stations and magazines. It is a variant of house music
featuring the use of African sounds and samples. Typically at a slower tempo range than other styles
of house music, Kwaito

European Imperialism In South Africa
Introduction
South Africa's capital is Cape town and the country itself is about twice the size of Texas which
measures out to 471,011square miles.
The country South Africa is located at the very tip of the continent Africa. South Africa is most
known for its former president Nelson Mandela, along with its gold reserves, Kruger National Park
and minerals and gems. South africa is bordered by Botswana, Mozambique, Namibia, Swaziland,
and Zimbabwe. It is also surrounds the kingdom of Lesotho.
Ït is the most highly industrialized amongst the other countries in
Africa¨http://www.cfr.org/international–organizations–and–alliances/group–eight–g8–
industrialized–nations/p10647. Not only is it's nature beautiful but so are it's people. Although ...
Ït was recently checked in 2005 that the same eleven languages are still spoken now in South
Africa¨ http://freakonomics.com/2008/05/28/what–will–globalization–do–to–languages–a–
freakonomics–quorum/. About 80% of South Africa's populations are christians, the rest are either
Hindu, Muslim, Jews, Rastafarians, Buddhists, Confucians and 15% claim to have no religious
affiliation. There is no specific culture for the South Africans for everyone one has their own culture
and ideas. But there is tradition in this country. When most people think of South Africa they think
that it is just a country full of african americans. But it's not. South Africa is a mix of several
different ethnicities and races. There is a race of several different traditions, but doesn't specifically
speak for everyone. Ït is one of the most culturally diverse countries in the world¨
http://www.pewresearch.org/fact–tank/2013/07/18/the–most–and–least–culturally–diverse–
countries–in–the–world/ . For example one of the traditions that there is, is music. Everyone has
their own favorite type of music, but the top three favorites are Jazz, Black Jazz, and Marabi. And a
couple others are, Kwaito and Rock and Pop. ¨These are very popular in South America, but there is
nothing compared to the the tribal traditions. One of their fascinating

Historical Background Of The Era Essay
The Historical background of the era According to Evans, Marissa K. "Apartheid is the name of the
racial institution that was established in 1948 by the National Party that governed South Africa until
1994. The term, which literally means "apartness," reflected a violently repressive policy designed
to ensure that whites, who comprised 20% of the nation's population, would continue to dominate
the country. Although the policy began officially in 1948, the practice of racial discrimination has
deep roots in South African society. As early as 1788, Dutch colonizers began establishing laws and
regulations that separated white's settlers and native Africans. These laws and regulations continued
after the British occupation in 1795, and soon led to the channeling of Africans into specific areas
that would later constitute their s0– called homelands. By 1910 the year that all of the formerly
separate Boer Republics united with the British colony to become the Union of South Africa, there
were nearly 300 reserves for natives throughout the country." By 1948, Dr. D.F. Malan, the prime
architect of apartheid, led the National Party in the first campaign that centered on openly racist
appeals to white unity. The Party promised that if elected it would make permanent these reserves
under the joint fundamental principles of separation and trusteeship. The National Party swept into
office, winning 80 seats (mainly from Afrikaner voters), Compared to the United Party

The Segregation Of South Africa
Africa is a country with many different government parties, each having its own legislation.
Although much of the country is of the non–white population, the government officials in South
Africa were all white. This lack of diversity within the government led to the establishment of racial
segregation, the term used for this segregation was apartheid.
Many of the issues that led to the eventual establishment of segregation stemmed from the 1913
Land Act, "marked the beginning of territorial segregation by forcing black Africans to live in
reserves and making it illegal for them to work as sharecroppers."(History) For nearly 35 years, the
power of the segregation grew cumulating once the Afrikaner National Party won the elections in
1948.
After the National Party took control of the government, they passed legislation implementing
controls on the interactions that the population would have between the different ethicizes. Not only
were the people segregated, but the land was also divided between white and nonwhite territories.
While the apartheid was in full affect, there were different social groups for each race the Bantu was
a term used for the all black people. The government in 1958 feared the possibility of the Bantu
people strengthening in a combined power eventually raising against the government. Due to this
fear, the government divided the Bantu people in to separate group with the intentions that if the
people are separated they would not have the power

The Interpretative approach adopted by South African...
1) INTRODUCTION:
The enactment of both interim and final Constitutions ushered in a new approach to statutory
interpretation. In this essay I argue that the statement made by the court in Daniels v Campbell 2003
(9) BCLR 969 ( C ) at 985 is TRUE.
2) THE INTERPRETATIVE APPROACH ADOPTED BY SOUTH AFRICAN COURTS PRE–
1994:
Before 1994 South Africa was a country based on Apartheid rules and regulations. The Parliament
was the highest legislative body and it interpreted laws as it pleased, mostly in favour of 'white
Christians'. Any other race or religion was treated in an unfair and sometimes inhumane way. These
laws were mainly based on Roman–Dutch law and influenced by English law.
The Parliamentary Acts did not favour anyone but ... Show more content on Helpwriting.net ...
On 4 February 1997 the Constitution of the Republic of South Africa, 1996 came into operation
(Here after referred to as The Constitution, 1996).
This meant that Parliamentary Sovereignty was replaced by a Constitutional Supremacy. A Supreme
Constitution meant the highest law of the land.
From this day forward all nation including the parliament and Parliament Acts had to oblige to the
Constitution. Any law, legislation, government or act in conflict with the Constitution will be
disregarded and seen as invalid. This also meant that courts were no longer influenced by the
government.
However all the changes Islam as a religion is quite complex when it comes to equal rights. As a
man had more superior rights than a woman and was allowed to marry more than one wife .
Polygamous marriages were still not seen as morally acceptable so the death of a spouse or the
inheritance for a child from a polygamous marriage made things difficult .
However regarding case Daniels v Campbell on appeal to the Constitutional Court, Sachs J held that
the word "spouse" in its ordinary meaning includes parties to a Muslim marriage. Accordingly, it
was not necessary to read–in words into the Acts. This case already shows the immense change the
Constitution brought forward.
The 5 techniques of interpretation by Du Plessis & Cordler (1994: 73–74) helped

The United States Criminal Justice System: A Comparative...
To summarize and explain South Africa's justice system has similarities to The United States
criminal justice system. South Africa, with 9 provinces, has the home of there administrative capital,
Pretoria. The United States holds administration in Washington, D.C. South Africa's latest transition
and draft of the constitution was made in 1996. The constitution was then approved in 1997, and the
last amendments were revised in 2013, effective for use. South Africa has developed from their
historical basis into a republic system, whereas the U.S. has an active democratic position, but like
South Africa, are a foundation of a constitutional federal republic. Within the judicial sector, South
Africa holds four different courts; Constitutional Court, ... Show more content on Helpwriting.net ...
The South African law abides by the constitutional practice of human rights. This includes
previously incarcerated individuals to have the right to vote. South Africans legal law demonstrates
the human right to allow all of age to vote, whereas the United States is not as responsive to South
Africa's practice. With the use of the Critical Race Theory and South Africa's Constitution to
reevaluate bans on voting within incarcerated citizens, disregarding the color of skin (Spades &
Mathis, 2014). Of the citizens of The United States in 1976, 1.2 that reside had lost their voting
privileges due to felony convictions. Within current years, April of 2014 stated that 6 million
Americans, as a consequence of the law, have lost their right to vote (Spades & Mathis, 2014). The
felon disenfranchisement laws of the U.S. could be redirected by policymakers. The restrictions that
are already placed on the criminals with acquiring employment, transportation and other significant
challenges cause barriers for past offenders to reestablish themselves with

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