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ARTICLE: BOIPATONG

GraemeWilliams Boipatong

On 17 June the EFF issued a statement to mark the 28th anniversary of the Boipatong massacre.  It stated that the massacre had been orchestrated by “an Apartheid government led by FW de Klerk” who had “funded and supported the massacre in order to undermine negotiations…”

I remember Boipatong. 

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ARTICLE: THE DISMANTLING OF APARTHEID

Apartheid illustration

 

There has recently been some debate regarding when, how and by whom apartheid was dismantled.   The “why” of the dismantling of apartheid is more complex: growing international pressure and domestic resistance undoubtedly played a central role.  However, other factors included the evolving attitudes of white South Africans; growing acceptance of the injustice of apartheid among white leadership groups; and the irresistible need to adjust policy to accommodate the de facto realities of an increasingly integrated economy and society.

 

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ARTICLE: THE EMPLOYMENT EQUITY ACT (EEA) AMENDMENT BILL, 2020 AND DEMOGRAPHIC REPRESENTIVITY

Apartheid illustrationFew people would disagree with the Employment Equity Act’s goals of “eliminating unfair discrimination in employment” and ensuring equitable access to the economy for all South Africans. We need an open, equitable and non-discriminatory economy.

However, in its pursuit of these goals the EEA has now become a core tool in the ANC’s project to reshape society and the economy according to demographic representivity (DR).  The ANC’s objective has long been to ensure that DR is achieved in the private sector to the same degree that it is already a reality in the public sector. As Rob Davis put it in 2012 “We need to make sure that in the country’s economy, control, ownership and leadership are reflective of the demographics of the society in the same way that the political space does.”

 

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ARTICLE: AFRIFORUM v UNISA: THE RIGHT TO EDUCATION IN THE LANGUAGE OF CHOICE

Apartheid illustration

The Supreme Court of Appeal (SCA) recently handed down a well-reasoned judgment that underscores a critical number of core principles insofar as language rights and education are concerned in South Africa.
 
The South African Constitution is very clear on language rights in public educational institutions – including universities and schools. Section 29(2) provides that ‘Everyone has the right to receive education in the official language or languages of their choice in public educational institutions where that education is reasonably practicable. In order to ensure the effective access to, and implementation of, this right, the state must consider all reasonable educational alternatives, including single medium institutions, taking into account:
 
(a) equity;

(b) practicability; and

(c) the need to redress the results of past racially discriminatory laws and practices.’
 
The above is also reinforced by other provisions pertaining to language rights in the Bill of Rights, for example, the right to use the language of one’s choice (Section 30) and that persons belonging to a cultural, religious or linguistic community may not be denied the right, with other members of that community, to enjoy and use their language (Section 31(1)(a)).
 
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ARTICLE: TAKING STOCK AT THE BEGINNING OF PHASE III

Now that we are entering Phase III of the COVID19 lockdown process, this may be a good time to take stock.

We live in the strangest of times. The world’s great airports are idle. Hundreds of thousands of hotels have closed. Schools and universities are empty. Millions of restaurants are shut. Everywhere owners of small and medium-size businesses are wracking their brains and scraping the barrel of their resources to keep their doors open. Tens of millions throughout the world have lost their jobs – and tens of millions more are subsisting on greatly reduced wages.

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Assessment of Compliance of Election Manifestos for the 2024 South African National Elections with the Bill of Rights

The assessment of 17 parties aims to evaluate how well each manifesto aligns with the Constitution’s core values, with a particular emphasis on compliance with the Bill of Rights.