ETD Collection

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    An associational framework for the reconciliation of competing rights claims involving the freedom of religion
    (2014-03-04) Benson, Iain Tyrrell
    Conflicts of rights involving the freedom of religion should be approached on the basis of a close examination of the proper competence of law and religions. This examination begins by asking what questions law and religion are best suited to answer in a post theocratic age that views constitutional laws as operating under and within the conditions of diversity and pluralism. An analysis of religious employer exemption cases in two jurisdictions, South Africa and Canada, shows that certain contemporary “liberal” approaches fail to accord sufficient respect to associational diversity. An historical view of the relationship between law and religion, reviewing both “the goods of religion” and “the limits of law” suggests that contemporary liberalism tends to diminish the role of religions and religious associations giving too much power to the State and/or the Courts with a corresponding failure to let religions play the role within culture that their proper jurisdictions, correctly understood, admit and that an open culture requires. The analysis shows that the Canadian and South African courts have, in some cases, explicitly but more often implicitly, stepped into the role of answering metaphysical, philosophical and theological questions for which they are not suited. This problem -- erroneous jurisdictional extension by law -- is the use of law by equality activists who wish to force homogeneous conceptions such as “equality” or “non-discrimination” on all aspects of society, including religious associations, irrespective of whether those subordinate groups should be accorded the respect entailed by the principle of diversity- - a respect already allowed for in the laws related to religious employer exemptions. The arguments defending these practices inappropriately extend the ambit of law into theology and therefore away from its proper role as recognized within history, sociology, anthropology, psychology and theology. Moreover, they take liberal theory in an illiberal direction - a direction that should be rejected in favour of a conception of deep diversity. It is concluded that with a legal presumption in favour of associational diversity and the use, in adjudication of rights conflicts, of the “oculus” (that is, explicitly seeing issues that involve religious associations from the perspective of the religious association) a fairer treatment of diversity and difference can occur in constitutional democracies. An approach to rights adjudication based on this presumption and informed by this attitude will promote greater diversity and better “fit” with the principles of “pluralism”, “multiculturalism”, “diversity” and “accommodation” that underlie the modus vivendi rather than a “convergence” approach to liberalism and accord better with constitutional rights and freedoms taken as a whole.
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    Zimbabweans in Moletsi: a rural alternative
    (2011-12-22) Wilkin, Richard Lee
    The thesis investigates the reasons for the decision made by many Zimbabweans to self-settle in remote villages in Limpopo. It shows that while significant literature exists on Zimbabweans in border and urban areas, there are several inter-related factors that are drawing Zimbabweans to rural areas. Thus, this study challenges many common assumptions about cross-border migration while supporting the idea that migrants settle in areas where economic stability can be achieved. This study also shows that the existence of parallel government structures and policy frameworks plays a major role in the ability of Zimbabweans to settle in these areas. This is a case study of Zimbabweans settling in a rural area where there are no pre-existing ethnic or kinship ties. Utilizing empirical qualitative data, this study outlines how Zimbabweans have achieved a degree of stability in one area of Limpopo through a series of rights procurements and access to parallel government structures. This has legitimized their presence within the village while their presence in South Africa outside of this village is precarious at denizenship within the village as Zimbabweans have access to services that are not accessible to them outside best. The legitimacy created by accessing these parallel structures has created de facto of the village. This denizenship, and the security it bestows, is an instrumental factor in the decision making process that had led many Zimbabweans to self-settle in rural areas.
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    Contested spaces: an analysis of the ANC government's approach to the promotion of media development and diversity in South Africa, with a particular focus on the policy process that led to the formation of the Media Development and Diversity Agency (MIDDA).
    (2006-10-26T08:25:00Z) Skinner, Katherine Mary Alicia
    The dissertation tracks the media development and diversity policy positions of the South African government with a particular focus on the establishment of the Media Development and Diversity Agency. It tracks the reasons for the reduction in the Agency’s funding and the curtailing of its mandate. The dissertation argues that a powerful coalition of forces including the commercial media sector and the Department of Finance (now National Treasury) impacted on the policy process to drive government thinking in a more market-driven direction. It explores the implications of this market thinking for the deepening of media development and diversity in the country. Further, the research looks at an alternative critical political economy of the media vision – firstly, in terms of how this vision was scuppered in the policy process, but also how it might be resurrected. The critical political economy of the media school argues that development and diversity issues are not unproblematically served by the market and commercially driven media systems. Critical political economists of the media call for a number of state intervention including anti-monopoly legislation, subsidies for struggling more marginalised media sectors and so forth. Also, they call for the development of a core non-commodified, citizenship-orientated and inclusive public service media sector.