Theses and Dissertations (Jurisprudence)

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Achieving equality and accessibility for persons with visual impairments: uncovering deficiencies in South African consumer protection and labelling legislation
(University of Pretoria, 2023-12-15) Kok, Anton; michalvandenberg@yahoo.com; Van den Berg, Michal Danielle
This thesis delves into the intricate landscape of product labelling legislation in South Africa, shedding light on its inherent inaccessibility concerning product labels and accompanying leaflets. By meticulously examining the stipulations set forth in the legislation, this research identifies instances where the prescribed methods of label presentation pose significant barriers for persons with visual impairments. South Africa, as a party to the United Nations Convention on the Rights of Persons with Disabilities is bound by specific accessibility obligations. Among these obligations lies the imperative to ensure the accessibility of product labels, a facet that is pivotal in empowering persons with visual impairments to make informed choices. This research draws attention to the alignment between South Africa’s commitment to the Convention and its responsibility to address the accessibility challenges within its product labelling framework. The legislation governing product labelling encompasses a myriad of requirements dictating how information should be presented on labels and leaflets. Through a meticulous analysis of these stipulations, it becomes evident that the prescribed methods predominantly cater to individuals with full visual capacity, inadvertently marginalising those with visual impairments. This raises concerns about the legislation’s compliance with South Africa’s obligations under the Convention. The Convention emphasises the principles of non-discrimination, equality, and accessibility, urging its signatories to take actions to eliminate barriers and ensure equal opportunities for persons with disabilities. The accessibility of product labels emerges as a critical aspect in this context, representing the tangible application of these principles in the realm of consumer rights. The research argues that the South African government, in upholding its commitment to the Convention, is duty-bound to address the accessibility challenges inherent in its product labelling legislation. While acknowledging the complexities of amending established legal frameworks, this thesis advocates for a proactive approach in aligning the legislation with international standards of inclusivity.
Neoliberal internationalism : intellectual roots, global manifestations, and South African realities
(University of Pretoria, 2024-03-20) Modiri, Joel; u16035870@tuks.co.za; Pillay, Dillon
This study seeks to answer two broad questions: how did the long-termist thinking of key neoliberal thinkers help to shape the world we live in today? And to what extent can the neoliberal moral and institutional framework be utilised to facilitate a world outside of the neoliberal hegemony—are human rights (as we know them today) capable of actualising a freedom from the exploitation and violence of the markets, notwithstanding their entanglement with neoliberalism? The study attempts to answer these questions by examining the intellectual musings of a particular group of thinkers (described by Quinn Slobodian as the “Geneva School”) who—against post-colonial demands for economic self-determination—were instrumental to the ideological and institutional ascendance of a particular idea of neoliberal internationalism that emphasised the need to devise legal and institutional mechanisms to constrain post-colonial sovereignty and to protect the international division of labour. It also examines the South African liberation struggle, culminating in the prevailing conditions of present-day South Africa through the lens of the intellectual history of neoliberal internationalism.
Law and the mastery of nature
(University of Pretoria, 2024-07-25) Modiri, Joel; lilandi21@gmail.com; Niemand, Lilandi
By approaching the current global climate crisis in a historical and philosophical context, this study aims to trace the origin of this crisis to the advent of Western Modernity, and its unique conception of nature. Moving from this starting point, this study aims to critique the way in which Western Modernity and its Anthropocentric conception of law have established a relationship of mastery between humans and nature. To illustrate this relationship of mastery, this study will draw on Ecofeminist literature. In order to critique Western Modernity, this study further adopts an Ecocentric lens, by situating humanity within the larger Earth ecosystem. This study will frame ecocide as the legacy of Western Modernity, in the sense that it stands on the same core principles as Western Modernity, namely progress, capitalism and colonialism. By linking ecocide to Western Modernity, this study will also elucidate the power relationship between the West and the Global South, as a core concern of climate justice. Lastly, this study will attempt to shed some light on how the relationship between humanity and nature might be reconceptualised and restored, by evaluating the potential of the framework of Degrowth and its complimentary legal framework of ecological jurisprudence. In this sense, this study will attempt to envision ways in which law can function to resist ecocide, and to abandon the logic of mastery.
Transformation of the reasonable person test in South African law
(University of Pretoria, 2023) Kok, Anton; makumya@gmail.com; M'membe, Makumya
This dissertation explores the evolving legal landscape in post-apartheid South Africa since the 1994 democratic elections. Focusing on the reasonable person test, a fundamental aspect of South African criminal law and delict, the study argues that this concept faces obsolescence amid changing societal values. The conflict arises from the test's objective nature conflicting with the constitutional commitment to substantive equality. The dissertation identifies three main reasons for the test's inadequacy in post-colonial South Africa: its colonial origins, definitional challenges in a diverse society, and adverse effects on excluded groups. The conclusion proposes a transformed construction of the test, acknowledging its historical shortcomings and advocating for a more subjective, context-aware approach.
Access to inclusive, quality basic education for children with disabilities in South Africa
(University of Pretoria, 2023) Ngwena, Charles; sabeeha.majid@up.ac.za; Majid, Sabeeha
The history of South Africa is plagued by centuries of oppression, isolation, racism and ableism which exist as a result of our colonial and Apartheid past. Colonialism and Apartheid, in their various forms and manifestations, created and legalized oppression and discrimination against vulnerable population groups, such as black people, women, children and persons with disabilities. These vulnerable groups were, and continue to be denied equal access to their fundamental rights and freedoms. Persons with disabilities continue to be one of the most vulnerable population groups in the world. They are often denied access to socio-economic rights such as education, employment, healthcare, food, sanitation and water. The charity, welfare and medical models of disability resulted in persons with disabilities being treated as either charity cases or medical patients requiring rehabilitation. The shift from the medical model to the social model to the human rights model occurred as the result of the rise of the disability rights movement. There is no longer a focus on impairment, but rather the focus is on external barriers and negative societal attitudes and stigmas. In 1994, South Africa transitioned from Apartheid to democracy. The Constitution of the Republic, which guarantees multiple socio-economic rights for all in its Bill of Rights, is the supreme law of the land. The Constitution is based on the foundational values of human dignity, freedom and equality. In order to give meaning to these foundational values, it became necessary to enact legislation and policies to remedy the injustices of the past and improve access to socio-economic rights for persons with disabilities. The right to basic education, which is viewed as somewhat of a gateway to access other socio-economic rights, is guaranteed in the Constitution. Unlike other socio-economic rights which are progressively realisable, the right to basic education is immediately realisable. The purpose of this research is to interrogate whether South Africa is adequately disposing of its obligations to provide access to inclusive, quality basic education for children with disabilities in light of its domestic, regional and international obligations. This research will also focus on the challenges with implementation of the relevant instruments and the various barriers which exist. Furthermore, this research seeks to provide practical recommendations and solutions to improve access to inclusive, quality basic education for children with disabilities in South Africa. Despite the fact that socio-economic rights are justiciable in South Africa, the reality is that the courts are not the most accessible avenue. As a result, there is a need for us to explore creative mechanisms to ensure better access to socio-economic rights for vulnerable population groups in South Africa.
#Black Lives (could) matter : Azania as remedy for the state of (dis)ease
(University of Pretoria, 2022) Dladla, Ndumiso; u14206219@tuks.co.za; Manamela, Thabang
This study contemplates the widely accepted claim that ‘South Africa’ has successfully parted ways with its history of colonial conquest, settler colonialism as well as colonial-apartheid. The study deploys the Azanian philosophical tradition as an index of Black Political Thought, in order to probe the claim that the 1994 general elections, and the 1996 constitution are anticolonial victories in favour of the indigenous people conquered in unjust wars of colonization. The study reveals that the indigenous people are still on the exterior of the society which celebrates itself as being post-apartheid. Although much can be said about the ineptitude, corruption and maladministration of the government of the African National Congress, this study contends that the problem is in fact even more fundamental than mere incompetence. The study reveals the plight of the children born after 1994 as they are willed into occupying categories of a nation whose subjectivities have yet to come into being, this as an attempt to sustain the claim that the country is undergoing a genuine anticolonial renewal. The study further discusses the historical foundations of ‘South Africa’, and defends a claim central to this study, that ‘South Africa’ is an illegitimate state as it was formed without (and against) the indigenous people. Finally, the study reflects on the significance of the Azanian tradition as a means by which to not only understand what is wrong with living black lives, but also present foundational tenets of a liberated sociality. The principle contention is that liberation remains unfulfilled and we are all compelled to commit to the pursuit of overthrowing white supremacy.
Doctor or Soldier first? Ethical and Legal Dichotomies in the Practice of Medicine in the Armed Forces
(University of Pretoria, 2023) McKay (Nienaber), Annelize; g.owenmuller@gmail.com; Muller, Gary Owen
Armed forces of nations maintain military forces which include an element of medical support. The use of military medical practitioners is to maintain a fit for service force, provide rehabilitative and curative services whilst at home and support the deployed forces in the field. In order to practice medicine, all health care Practitioners have to be registered with their respective statutory regulation bodies. These regulating bodies ensures legal and ethical practice and may prescribe sanction to the health care practitioner who transcends either legal or professional ethical rules. The health care practitioners wears to hats. Firstly as a medical practitioner, duly qualified to practice and holding registration with the respective statutory regulating body. Secondly, as a member of the armed forces of the state, the health care practitioner is bound by the oath taken in the defence of the nation. The military medical practitioner will be faced with the dualist roles that have to be undertaken. The commitment to the individual soldiers health and well being, versus the greater good of the nation.
The ideology and politics of anti-corruption : reframing the debate
(University of Pretoria, 2020) Modiri, Joel; omogoeng@gmail.com; Mogoeng, Oteng
This study is based on anti-corruption discourse in South Africa and the legalistic way in which it is dominantly perceived. A qualitative methodology has been adopted to interrogate and problematize this legalistic perspective for being instrumental to the maintenance of corruption in South Africa. The study contends that the Western ideological and cultural background of South Africa’s legal system contributes to the continued subjugation of the indigenous African population. The researcher argues that the dominant perspective of anti-corruption discourse has misdiagnosed the problem, thereby making the discourse unprogressive and stagnant. Legalism focuses on the corrupt behaviour of individuals and fails to understand corruption as an institutional problem owing its roots to South Africa’s history of colonialism and apartheid. A political-ideological perspective is then suggested as an alternative approach that can be used to shift the dominant perception of corruption into one that is more historically responsive. This perspective understands that corruption in South Africa is a system of governance that was established during the colonial order, one that is still operative in South Africa today. It sees corrupt individual activities as simply a by-product of a problematic system and therefore, not the root cause of the problem. In conclusion, the researcher contends that reframing the current anti-corruption discourse into one that centres South Africa’s history and politics enables us to address the problem at its roots.
Non-racialism as an effort to assimilate to whiteness
(University of Pretoria, 2021-03-02) Madlingozi, Tshepo; elme.ravenscroft@up.ac.za; Ravenscroft, Elme
South Africa is one of the most unequal countries globally, and inequality is distributed along racial lines. The impoverishment of black people and its endurance is a product of colonialism and apartheid projects. The PIU problem (poverty, inequality and unemployment) is thus a manifestation of the longue durée of colonialism and apartheid. The notion of the longue durée focuses on deeply embedded and enduring traits of the social, economic and political reality. This study focuses on the concept and discourse of non-racialism, and it shows that it exists as a political idea, a constitutional value and a social guideline. The concept of non-racialism is used in the title and is central to the research problem identified here: black impoverishment and sustained racial inequality. This study explores the role of these three interlocutors: non-racialism, neo-liberalism and whiteness in the longue durée of impoverishment and inequality. The main arguments presented in this dissertation are three-fold. First, the ANC’s idea of non-racialism is based on white grammar; secondly, the dominant societal perception of non-racialism is based on liberal sentiments and ideas. Finally, that neo-liberal economic policy does not fundamentally challenge the structural underpinnings of racial inequality. Having traced the historical evolution of the discourse of non-racialism in liberation parties’ emancipatory visions and in constitutional jurisprudence, this study ultimately grapples with the question whether non-racialism in its current form can contribute to a society that reflects racial justice.
Inequality in the public basic education system: the role of the South African courts in effecting radical transformation
(University of Pretoria, 2020) Skelton, Ann, 1961-; lorette.arendse@up.ac.za; Arendse, Lorette
The purpose of this thesis is to critically evaluate the South African courts’ role in contributing to the radical transformation of public basic education which is mandated by the South African Constitution. The author observes that deeply rooted patterns of racial and class inequality, that developed over a span of four centuries of colonial and apartheid rule, are reproduced in the post-apartheid public basic education system. This disparity manifests as unequal access to quality basic education for the majority of black and poor learners in the post-1994 dispensation. It is contended that the substantive-based approach to the right to basic education by the High courts and Supreme Court of Appeal (SCA) has led to some transformative change in public education. However, this approach is only half the battle won because it does not address the engrained patterns of systemic inequality perpetuated by school governing bodies (SGBs) of former white/Model C schools. In this regard, it is argued that governing bodies of former Model C schools manipulate the autonomous legislative powers awarded to SGBs with the purpose of retaining their inherited privilege(s). Whenever the state has challenged these schools’ utilisation of their policy-making autonomy, the school governing bodies have had recourse to the courts. As a result, a contentious relationship between SGBs of former white schools and provincial education departments has developed in the sphere of public schooling. Apart from contextualising the historical and contemporary inequality in basic education as well as analysing the transformative potential of the substantive-based approach of the High courts and SCA, this thesis focuses on the Constitutional Court’s resolution of the acrimonious disputes between the government and former white schools. The author notes with concern the development of an approach by South Africa’s apex Court rooted in the notion of “meaningful engagement”. The application of meaningful engagement entails that the Court does not resolve the dispute before it, but requires of the SGBs and the state to engage with each other and settle the matter. The Court has classified meaningful engagement as the required procedure through which all education disputes must be resolved. In this regard, the author argues that the Constitutional Court’s perfunctory application of meaningful engagement has hampered the Court’s ability to deal effectively with the underlying “hard” issue of structural inequality which permeates the education system. Accordingly, the study concludes that the meaningful engagement approach threatens the radical transformation of the public basic education system.
Realigning human rights with the land question in South Africa
(University of Pretoria, 2018) Madlingozi, Tshepo; mvnkhs@gmail.com; Khosa, Shipoyila Ernest
This study commences from the premises that the1994 political settlement in South Africa as reflected by the 1996 Constitution and government policies offer no solution to the land question in South Africa. By the land question, I mean the unresolved question of historical injustice relating to land dispossession through various unjust actions that manifested in both colonial and apartheid times.The study asserts that the ideological and philosophical thrust of the Constitution is completely misaligned to the lived experiences and indigenous philosophies by Africans such as Ubuntu in favour of Western philosophies represented by neo-liberalism. This misalignment adversely affects effective resolution of the land question because it is neither bifocal nor restorative and consequently protects the status quo. As regards policies of the current government and the ruling party the study argues that the much celebrated political dispensation of 1996 witnessed a change of a government and not necessarily that of a state. As I will show failure of state succession means that the colonial state form, and consequently deprivation of Africans of title to their lands, remain. The study argues that the deliberate disregard of African philosophies in the negotiation process and consequently in the form and structure of the Constitution has created a false perception that the land question was resolved, and that what was left of it would be covered by the provisions of the Constitution. The Constitution, which has a complete disregard of the violent past as evident in land theft through conquest, pretends that South African land questions started with apartheid. The study traces the rise of South Africa’s neo-liberalism and her Constitution to the fall of feudalism in Europe, the wars of conquests and subjugation, the rise and fall of apartheid and the disregard of African philosophies and practices by the ANC before and after its rise to power. The study concludes that neither the current Constitution, nor current half-hearted government policies on land will provide a solution to the land question. The study consider the Constitution an instrument for legalizing land theft and calls for a completely new Constitutional dispensation as opposed to an incremental approach. The study concludes by proposing six steps that should be taken to developing a new Constitution. Central to those six steps is the principle of participation by the victims of conquest and subjugation. Participation will mean the latitude granted to victims to make inputs into the contents of the Constitution before adoption by parliament and to confirm their support for a new document through a referendum shortly before it is officially signed off by the head of state. This study will therefore consider, the hitherto unappreciated views on human rights, by victims of colonialism, which views are in many respects contrary to those reflected in the South African Constitution. Consequently, one of the central arguments of this study is, therefore, that the realignment of human rights with the land question necessarily implies the reframing of the concept of human rights itself.
An analysis of the justification of the stringent natural person insolvency law system in South Africa in light of the "advantage to creditors" requirement
(University of Pretoria, 2020-11) Van Wyk, Jani Sani; gildenhuyshans@gmail.com; Gildenhuys, Hans Jacob
The dissertation considers the justification of the stringent natural person insolvency system in light of the “advantage to creditors” requirement. Jackson’s (The Logic and Limits of Bankruptcy Law (1986) 3) criteria of “what is being addressed” by the South African natural person insolvency law system, and why that which is being addressed, is a “proper concern” of the South African system, is used as to assess the system. It is established that the South African natural person insolvency law system is a system which favours the protection of the interest of creditors. The international trend towards more debtor-orientated insolvency law systems, has become the topic of academic discussion, with the South African insolvency law system harsh criticised for not developing in line with this trend. It can be safe to state that academics, in analysing the South African insolvency law system, have discovered a “problem” with the South African system and are approaching their insolvency analyses by viewing the South African system as conflicting with or overriding some social or economic goal due to the fact that it has not necessarily developed in line with the international systems. In terms of the criteria established by Jackson for insolvency analyses, it can be argued that this approach is fundamentally flawed. The analysis in this dissertation is not undertaken for the purpose of identifying discrepancies or differences between the South African system and other natural person insolvency law systems found in foreign jurisdictions, but rather for the purpose of analysing the South African system against criteria distinctive to the purpose of its creation. Accordingly, to proceed with this analysis, one has to applying Jackson’s criteria and identify “what is being addressed” and why that which is addressed is a “proper concern” of the natural person insolvency law in South Africa. Against this background, it is possible to analyse the stringent South African natural person insolvency law system in light of the “advantage to creditors” requirement in a sound manner.
Racism and Abjection in the (Post) Colony
(University of Pretoria, 2020) Modiri, Joel; lavonnemuller@gmail.com; Muller, Lavonne Elorie
This study examines Kristeva’s notion of abjection to understand the workings of colonial racism. Given the limitations of her Eurocentric standpoint, reference will also be made to the critiques and engagements with abjection by various other scholars. Abjection, when appropriately rethought, could prove to be a beneficial tool to diagnose the interior problems of racism within the historical context of settler-colonialism and apartheid with specific focus on racism within the contemporary South African context. Reference will also be made to the film, Get Out, to illustrate the persistence of the historically informed system of abject racism and to place emphasize the deficiencies of narrow interpretations of racism which overlook the broader domain of the psycho-social and institutionalised practices of racial abjection. I will elaborate on the proposed critical investigation by drawing parallels between film, specifically the 2017 horror film Get Out, and legislation, Prevention and Combating of Hate Crimes and Hate Speech Bill. In this sense, Get Out, will be considered as a narrative which questions South Africa’s contemporaneity as a (post)colonial and (post)apartheid state and the limits of the law by comparing and contrasting the film to, the recently approved, Prevention and combating of Hate Crimes and Hate Speech Bill. I intend to argue that the Prevention and Combating of Hate Crimes and Hate Speech Bill operates on a narrow level and that it is incapable of responding to structural racism as it fails to recognise the psycho-social dimension of racism and that abject racism continues into the (post)colonial context.
Stereotypes that affect the advancement of African women in South African universities
(University of Pretoria, 2019) Van Marle, Karin; u11370638@tuks.co.za; Mashilwane, M. Victor
No abstract available
The voiceless woman : countering dominant narratives concerning women with disabilities in Nigeria
(University of Pretoria, 2019) Van Marle, Karin; u13247884@tuks.co.za; Johnson, Adetokunbo
The main research problem in this study is whether law and specifically the human rights framework can speak to the lived experiences and realities of the disabled Nigerian woman. This thesis reflects the frustrations that I experience with my own intersectional identity as a (Nigerian, Yoruba and disabled) woman. These frustrations begin with Nigerian law, specifically its human rights framework and its perception of the disabled woman. One illustration is that the law demands that one must choose between being a woman (identity category) and being disabled (identity category). Yet, the disabled woman has trouble choosing one of these established identity categories because she is a woman and disabled at the same time. The law makes these demands without necessarily recognising and contemplating the interaction and intersection between sex(ism) and disability (discrimination). Unfortunately, because the disabled woman does not neatly fit into the human rights categories, she is labelled deviant and denied protection.1 In most cases, Nigerian law even makes the choice: on the strength of the disability the law decides that one is less of a woman and more disabled, and so refuses to contemplate and recognise the gendered and emergent nature of disability.2 Thus the limits of the law and human rights in speaking to the complex and intersectional lived realities of the disabled Nigerian woman become evident. The law, and specifically the human rights framework, is often portrayed as a saviour of some sort. For instance, a number of commentators point to the need for a Nigerian law and human rights framework that will protect the rights of disabled persons.3 The acquisition of rights, particularly for vulnerable groups who have previously been denied access to these rights, can be empowering and there is no denying the value of a legal and human rights framework. This in turn raises the question that is asked in this thesis. The position I hold is that law and specifically the human rights framework, while having enormous value, is limited in its ability to speak to the lived realities of disabled women. In my view, this limitation results from a failure to recognise the complexities, interactions and intersections that exist between identity categories such as sex, gender, ethnicity or race, sexuality, class, age, culture, religion and disability. Specifically, in this case, the law fails to recognise the interactions and intersections between sex(ism) and disability (discrimination) in the country. However, I argue that the product of these unacknowledged interactions and intersections crucially underlie and form the lived realities of the disabled woman.
Decolonial reconstruction : a framework for creating a ceaseless process of decolonising South African society
(University of Pretoria, 2019) Madlingozi, Tshepo; michaelbongani@gmail.com; Reinders, Michael Bongani
This dissertation explores the notion of decolonial reconstruction to promote the decolonising process in South Africa. Decolonial reconstruction entails the creation of a new South African society through a clear paradigmatic shift from a Eurocentric one to a decolonising paradigm. Decolonising is required in South Africa due to its colonial past, as well as the fact that contemporary South African society is neocolonial. In order to change the neocolonial status quo, it is necessary to create a decolonising framework. For the purposes of this dissertation the framework will be applied to South African universities. Universities are the focus because they exist as microcosms of the broader South African society. A tetralogy of books by Kenyan author Ngũgĩ wa Thiong’o provide the blueprint for the four aspects of the decolonising framework. These four aspects are: decolonising the mind; moving the centre; re-membering Africa; and globalectics. Decolonising the mind addresses the fact that in order to begin decolonising one must start with the minds of the coloniser and colonised and begin to shift their minds away from a colonial or neocolonial paradigm. In terms of the second aspect of the decolonising framework, it is necessary to move the centre away from Eurocentrism towards a multiplicity of centres. Another aspect of the decolonising framework is re-membering Africa, this is pertinent as Africa underwent dismemberment through colonialism which brought about epistemicide. As a result, it is necessary to put African cultures and epistemologies back together by re-membering them. The final aspect of the decolonising framework is to enter into global dialectics so that cultures and epistemologies can learn from each other and come to coexist in a pluraversal world. Through applying this framework to South African universities, they can undertake a decolonising process of decolonial reconstruction that will make them into pluriversities which promote harmony and coexistence.
The registrability of single colours as trade marks
(University of Pretoria, 2019) Job, Chris; wilkensonica@gmail.com; Wilken, Sonica
Given the importance of colour in the branding of goods and services to suggest and identify their source, under what conditions and circumstances may a single colour satisfy the legal requirements of being capable of distinguishing their goods and services from the goods and services of competitors? This dissertation interrogates and compares the position in various countries. The registrability of colours as trade marks has been tested in various jurisdictions over the years. However, the question remains, can a single colour serve and be registered as a trade mark and ultimately be used and enforced as a trade mark?
An African jurisprudential perspective on land and property
(University of Pretoria, 2020) Modiri, Joel; mangoromogale@yahoo.com; Mogale, Mangoro Janine
The mini dissertation explores an African jurisprudential perspective on land and property. The investigation is situated in the historical context of colonisation and apartheid as well as the present post-1994 debates on land and section 25 of the Constitution. It shows how African jurisprudence could respond to the way in which colonial modernity has affected the way we relate to, understand and use land (that is, how African jurisprudence could challenge the commodification of land). Chapter 2 looks at the historical context of land dispossession and land reform in South Africa. It starts with the pre-colonial period then moves to conquest and dispossession by the Dutch and British and their perceptions on land. It also deals with the internal colonisation by Afrikaners under the apartheid, its impact, the transition and ends with the Constitution and Land Reform Programme. Chapter three deals with the core tenets of the African jurisprudence. It addresses the question of African Jurisprudence and Ubuntu. It then moves to cover African Cosmology, Justice, Traditional Leadership, and Communalism. Chapter four deals with ways in which African jurisprudence can disclose an alternative vision of land and property through the Decolonisation of the Constitution, history and integration of Traditional Leadership and Governance. The chapter 5 deals with the conclusion and recommendations. The last chapter is the bibliography.
The potential of tranformation constitutionalism to free people from apartheid spatial planning
(University of Pretoria, 2019) Madlingozi, Tshepo; sipumelele.lucwaba@gmail.com; Lucwaba, Sipumelele
The purpose, of this mini dissertation is to understand South Africa as a country in a spatial crisis that leads to the entrapment of the black body in a social, political, economic and legally depressed state. The crisis describes and is as a result of the multiple upheavals and ruptures that have shaped the post-colonial, particularly African, landscape, and experiences of its people. Particular to the post-colonial landscape is that these ruptures are largely defined by the history of extraction, exclusion and violence by the white elite against the black poor. The nature of the crisis is that it continues to support and re-enact the same colonial oppressive outcomes, ensuring the black poor continue to exist in a state of marginalisation. The spaces in the crisis also work to physically push out and keep marginalised black people in informal spaces away from economic activity. But additionally, the intangible elements of space mean that black people carry the consequences and definitions of these spaces with them which define how they are interpellated, ensuring that in and out of the physical space they are viewed as sub-human. In this dissertation I am particularly interested in how transformative constitutionalism can proactively facilitate spatial justice for the historically and presently marginalised in ameliorating the effects of the crisis. Spatial justice, in my understanding would mean the removal of the abyssal line and simultaneity between those interpellated as human and sub-human.
The architecture of non-grievability : a critical race spatial analysis of the continuance of apartheid spatial planning into (post) apartheid South Africa
(University of Pretoria, 2018) Van Marle, Karin; u10355007@tuks.co.za; Goba, Nosipho Salazi
No abstract

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