3. Electronic Theses and Dissertations (ETDs) - All submissions
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Item Constitutional interpretation under the new South African order(2014-04-07) Hofmeyr, Adriane JanetThis thesis explores the democratic legitimacy of the power of judicial review. It discounts the countermajoritarian dilemma on the basis that constitutional democracy means more than majoritarianism, it entails judicial protection of other characteristics fundamental to democracy from invasion even by a majority government. Such characteristics include political processes and values which ensure the continuation of democratic rule. The Court may, however, be criticised if it exercises its power of judicial review in a manner which is undemocratic. I argue that the Court is obliged to exercise its power in a manner which respects the doctrine of separation of powers. In interpreting the Constitution, the Court is therefore obliged to show deference to Parliament by giving effect to the purpose of a constitutional provision. I conclude that the Court may only have recourse to the values which the legislature chose to include in the Constitution, except when the Court protects those political processes and values which ensure the survival of constitutional democracy.Item Social capital, civil society, and good governance: civic traditions in Johannesburg's shack settlements and Greater Pietermaritzburg's villages under chiefly rule(2013-05-15) Hlela, Kenneth SipheleloThis thesis explores the relationship between social capital/civil society and good governance/economic development both conceptually and empirically through case studies in the urban, rural, and peri-urban South Africa. As a starting point, this thesis attempts to answer the following six questions: How is social capital identifiable? Is its production exclusively confined to horizontally structured forms of associational life? Can peasant societies generate social capital? Do social capital networks accentuate divisions within communities between those who have access to authority and those without? Can political institutions play a role in producing social capital or does the enlargement of state authority take place at the expense of the associational networks which do produce social capital? And what kind of organisations in rural settings can best bridge sectional concerns and promote wider communities of trust? Can traditional existing political institutions be adapted to modern democratic requirements? I believe that in answering these questions I have gone some way in resolving some of the conceptual dilemmas identified by critics of the concept of social capital. I was then in a position to test and explore two hypotheses. Firstly, I argue that there is a relationship between social capital (a product of civil society) and good governance as well as economic and democratic development. Secondly, I argue that positive social capital will be under-produced in societies in which there is a weak market economy, that is, where members of civil society do not have independent sources of income. I demonstrate that civil society, the state, and markets have a symbiotic relationship and that they all have a role to play in the production of positive social capital. This thesis employed various data collection methods in order to navigate around the case studies chosen for the purposes of this study, viz. individual and group interviews, focus groups, direct observations, research surveys, secondary literature, and local newspapers. Evidence emanating from this thesis suggests that there is a vibrant civil society and, by implication, social capital in poorly resourced areas found in urban, peri-urban, and rural areas of South Africa, which has to some extent contributed to good governance as well as economic and democratic development. However, I conclude by arguing that the informalisation of the economy as well as high levels of unemployment in these areas certainly inhibit civil society from playing its important democratising and governance role since the production of positive social capital is constrained by this new reality.Item A marriage of inconvenience: comparing the implementation of the Kenyan and Zimbabwean power sharing agreements(2012-07-20) Beardsworth, Nicole AnneThe past two decades have seen the rise of power sharing agreements as a means to end protracted civil wars. Following from the perceived success of these agreements, power sharing has become an important tool in the mediator’s arsenal and has increasingly been advocated in periods of democratic deadlock and civil strife following highly-contested elections. The viability of this model has rarely been questioned. This study will undertake a deep analysis of the success or failure of the power sharing agreements undertaken in Kenya and Zimbabwe in 2008 following the outbreak of violence in both countries. It will explain the different results seen in these two cases through an examination of the agreements, the roles played by regional and international actors as well as through an analysis of the influence of local political culture and inter-elite relations. The relative success of the Kenyan agreement can be attributed to a culture of cooperation amongst the elite alongside consistent and concerted pressure exerted by the mediation team and international actors. In contrast, the Zimbabwean government of national unity has hobbled along and little progress has been made to implement the agreement. This can largely be attributed to a badly drafted document which allowed for an inequitable distribution of power, the obduracy of the ZANU-PF elite and the unwillingness of the agreement guarantors to place sufficient pressure on the parties for reform. In a context where inter-elite relations are characterised by opposition and intransigence, the framing of the document and the actions of enforcer parties become particularly important. Due to the political cultures in both countries, it is unlikely that the power sharing agreements will have produced significant gains for democracy or have reformed the prevailing culture of impunity. This report concludes that in spite of the problems with the power sharing model, there are currently few alternatives to help mend torn societies. In order to overcome the problems that have been highlighted within this report, it is necessary for mediators to undertake innovative and reflexive strategies to ensure the full implementation of future agreements.Item The role of the UN Organisation Mission in the Democratic Republic of the Congo (MonUC) with regard to democracy and human rights in the Democratic Republic of the Congo (DRC)(2011-07-06) Bope, Mikobi EugeneThe Democratic Republic of the Congo (DRC) is a vast country in the Great Lakes region of Africa torn apart by repeated armed conflicts. As from September 1998, the conflict in the country attracted attention of the international community with the number of deaths estimated at around 3.3 million people. The 1998 armed conflict was the most complex in Africa, due to an intricate cluster of international and external factors, with up to nine states militarily involved inside the Congolese territory. These are grouped into two opposing sides, composed on the one side by the Kinshasa government with its Angolan, Namibian and Zimbabwean allies and on the other side a divided set of rebel groups composed of the Rassemblement Congolais pour la Démocratie (RCD) and the Mouvement pour la Libération du Congo (MLC) with their allies from Rwanda and Uganda. The United Nations (UN) Security Council is engaged in supporting international peace and security according to Chapters VI, VII and VIII of the UN Charter. The UN Organisation Mission in the Democratic Republic of the Congo (MONUC) is a special mission sanctioned by the UN as an effort to solving the political problems in the DRC in line with the adoption of resolutions 1355 (2001), 1376 (2001), 1417 (2002), 1445 (2002), 1493 (2003), 1565 (2004) and 1625 (2005) by the UN Security Council. It was established that MONUC confronted challenges of peace implementation, especially in the Eastern DRC. The aim of this research is to examine the role of MONUC with regard to the promotion of democracy and human rights in the DRC. Thus, from November 1999, MONUC started to operate in the Congolese peace process for the restoration of democracy, as well as the promotion of human rights in the country. This research report will demonstrate that MONUC contributed with strong political support towards the organisation of the 2006 national democratic elections. Meanwhile, the war was ended throughout the country, but human rights abuses continued to be committed in some Eastern areas up to date.Item The role of the media in a democracy: unravelling the politics between the media, the state and the ANC in South Africa. Research question: What is the intersection between the floating signifier, 'Democracy' and an independent press?(2011-06-21) Daniels, GlendaThis is a theoretical conceptual post-modern1 study which aims to elucidate the ANC’s democratic project through the prism of its relationship to the media. In turn, it aims to scrutinize events that have already occurred post-liberation in order to explore whether the free space of the media is steadily being impinged upon, and eroded and explore further, what ‘turns’ journalists made when under pressure from political forces. Whilst recognising that interlocking imperatives inform freedom and independence of the press, this study’s main focus is a political one. However, the issue of ownership is intrinsic to research on media ‘freedom’, particularly the concentration of ownership of the media and so, how commercial imperatives impact2 will be examined. Several theorists have been referred to in order to begin putting together a conceptual theoretical framework with which to clarify and account for the emergent pattern of discourse by the ANC on the media. The conceptual framework adumbrated here and employed in the analysis of the relationship of the ANC with the media draws heavily from Zizek, Mouffe and Butler, in particular. The concept of ‘resignifications’ comes from Butler, those of ‘Master signifier’ and ‘social fantasy’ from Zizek, and the conception of radical democracy from Mouffe. Use is made of these theoretical tools in order to account for the compulsion that characterizes certain discursive interventions on the media, which are always in some respect ‘inappropriate’ or in ‘excess’ of expectations. 1 Post-modern thinking has been influenced by Jacques Derrida, Michael Foucault, Jurgen Habermas, Soren Kierkegaard, Jean-Francois Lyotard and is characterised by fluidity, undecidability, openness, irony, parody as well a recognition of the world as a field of infinite interplay (McGrath, A: 1993: p456-60) 2 John Keane (1991) in The Media and Democracy is particularly useful in questioning how the concept of freedom of the press originated, but also how deregulation and commercial imperatives impact on the notions of democracy and freedom. Anton Harber wrote in a newspaper piece, Two fat ladies make a meal of it (2003: Business Day) that concentration of ownership - following the global trend – presents a danger to democracy, ‘leading to a homogenized and tepid media’.Item Kenya and Zimbabwe: issues of democracy, electoral violence and civil participation(2010-07-28T12:31:55Z) Mathebula, DuduzileABSTRACT Democracy can be a useful tool in Africa. It can open channels for foreign aid and ultimately development. Many African countries have struggled with the changes and expectations that democracy brings. They have opted for authoritarian regimes or one party state regime. Zimbabwe and Kenya represent some of these countries. Such countries have been unable to promote or perfectly place liberal democracy within their societies. The most salient issue in the democratization process of Africa has been the post colonial state. Transitions into democracy have not always gone well at all in fact many transitions remain stagnant. This research investigates the problems surrounding the attainment of democracy in Africa, using the cases of Kenya and Zimbabwe. It seeks to understand the obstacles and challenges to the democratization processes in the two countries by focusing on the 2007/2008 contested elections as well as previous elections, and the attempts by external actors to deal with the results of the elections. The citizens of Kenya and Zimbabwe have both been affected and impacted by the lack of democracy that has existed in each country. This research also investigates the role of citizen participation in the electoral process. For both countries to succeed in all regards there is a pressing need for regime change and institution building.Item For arts' sake?: Contemporary dance in South Africa(2008-03-28T11:45:49Z) Kodesh, HayleyAbstract Gregory Maqoma, a leading South African contemporary choreographer, mixes elements to create work that is unpredictable and difficult to pin down. His hybrid form of dance contradicts essentialised representations of post-apartheid South Africa. Using layered ethnographic analysis, this thesis examines his work in order to discuss the conversation between art and society in a country that is forming a new democracy. Through the questions that his work raises, this research explores what it means to be ‘African’, the problems of authenticity, processes of signification and its relationship to embodiment, and the place of the performing arts in the ‘new’ South African context. It illustrates the potency of art as social commentary, and asserts that freedom and its limits cannot be critically evaluated without considering the dialogue offered by contemporary artistic performance.Item Violence,fantasy,memory and testimony in MDA's ways of dying and she plays with the darkness(2007-02-15T13:18:40Z) Foster, Sue-Ann AnitaThis research report analyzes the representation of violence in Zakes Mda’s Ways of Dying and She Plays with the Darkness. Ways of Dying questions whether social stability and democracy would be fully realized in post-apartheid South Africa as is predicted in Black South African literature written between 1970 and 1994. Mda’s disillusionment is shown in his examination of undemocratic and violent practices committed within the liberation movement against the oppressed and of “black-on-black” violence in South Africa. She Plays with Darkness posits that political corruption and repression in Lesotho occurred as a result of the erosion of African values and traditions, which caused political leaders and the middleclass to dismiss the well-being of their society for personal gains. For Mda, however, societies and individuals can be redeemed from violence through memory, testimony, fantasy and art. Both novels reveal his endeavor to creatively narrate the experience of violence.Item The impact on current and former learners of ABET programme run at Duvha Power Station(2006-11-14T13:43:55Z) Shelile, Motlatsi PetrusThis study evaluated the impact on learners of Adult Basic Education and Training (ABET) programmes at Duvha Power Station. The methods of collecting data comprised face-toface interviews, on-site participant observation, classroom observation and document analysis. The underlying assumption was that ABET programmes did not have a positive impact on either the company and individual candidates, and that they were only provided to comply with the legislation and not to develop and empower people. What emerged from findings was that ABET programmes had a major impact on the company and on the individual candidates, in their homes and communities. The findings, however, also revealed weaknesses and challenges in ABET level 1 that need to be addressed i.e ABET level 1 respondents showed no further interest in participating in the programme citing advanced age, learning being for youth, difficult sums etc, as some of the reasons.Item The Political Crisis in Malawi: From Authoritarianism to Democracy(2006-03-22) Nsanja, Alinane R.The thesis is a contribution to the existing literature on the democratic process in Malawi with specific focus on two areas namely, the factors that led to the opening up of political space and the implementation of multiparty democracy. The thesis argues that multiparty democracy in Malawi, which transpired due to internal and external factors, had been perceived as the means of transforming the oppressive climate created by the Banda regime. However, despite three multiparty elections since the 1990s, the UDF government, which succeeded Banda, has failed to broaden the avenues for the consolidation of democracy in Malawi, leading to disillusionment among the people. Ten years of multiparty democracy have only resulted in the regression to the practices of the very regime it replaced. Currently Malawi is plagued with a lack of independent media, weak civil society, corruption among top government officials and a weak economy to mention a few. The thesis argues that this is because of the nature of the ruling class as well as the issue of ethnicity, which has resulted in the contestation of power.