In this article the author revisits the question of how feminist theory/theories could address questions regarding universalism, sameness, difference, and the quest for justice. She reconsiders the quest for justice and equality for women and the possibilities of a feminist perspective on justice and a feminist `community'. The three feminist theorists that she discusses are Martha Nussbaum, Drucilla Cornell, and Iris Marion Young. Nussbaum is closer to a liberal defense of universal values – Cornell and Young stand critical of (...) liberalism and focus on sublimity, dignity, and asymmetrical reciprocity. The author supports the perspective of the latter two theorists and applies these perspectives to aspects of South African equality jurisprudence. She also considers critically the extent to which the Draft Protocol to the African Charter on Human and People's Rights on the Rights of Women in Africa breaks with liberal universalism and sameness. To the end she supports a notion of` slowing down' in order to protect women's freedom and dignity, to approach each other with wonder and respect. (shrink)

In a recent public engagement study on heritable human genome editing (HHGE) conducted among South Africans, participants approved of using HHGE for serious health conditions—viewing it as a means of bringing about valuable social goods—and proposed that the government should actively invest resources to ensure everyone has equal access to the technology for these purposes. This position was animated by the view that future generations have a claim to these social goods, and this entitlement justified making HHGE available in (...) the present. This claim can be ethically justified in the Ubuntu ethic (deriving from South Africa) as it (a) emphasizes the interests of the community, and (b) espouses a metaphysical conception of the community that transcends the present generation and includes past and future generations. On this basis, a compelling claim can be made on behalf of prospective persons in favor of equal access to HHGE. (shrink)

In this chapter, the author reflects on her long personal association with the Society for the Protection of Science and Learning /Council for Assisting Refugee Academics and many of its South African grantees. The academic refugees who came to the SPSL's notice in the 1960s, specially the South Africans, bent the ‘rules’ and signalled the new ways in which the SPSL was going to have to work in a very changed social and educational environment in Britain, and (...) equally great changes in the nature of the academic refugees. Before the rise of Hitler, German scholars had advanced the frontiers of knowledge in the sciences, the social sciences, and the humanities. And in many of these fields the Jews of Central Europe had played a crucial role. Increasingly from the 1960s, however, many of the refugee academics to the UK were from the so-called ‘third world’, especially Latin America and countries just emerging from colonialism in Africa. Academic refugees from South Africa formed something of a bridge between the old and the new. While most of the South African grantees were white and from institutions modelled on British universities, they were on the whole younger and less highly qualified than the earlier generation of grantees. The very small number of Africans assisted at this time were in fact far more eminent; significantly, however, they were the very first Africans to be assisted by the Society. (shrink)

This article pays homage to Drucilla Cornell through examining her writings on ubuntu not only as a jurisprudential concept, but also as a philosophical and ethical concept. Cornell’s incisive ability to synthesize Kant’s idealism of the realm of ends and the African philosophy of ubuntu, combined with her revolutionary spirit, deepened understanding of the South African constitutional values and principles. Exploring the interpretation of ubuntu by the South African Constitutional Court, it shows how Cornell advanced (...) an ubuntu-inspired ethical ideal that informs and shapes dignity as the Grundnorm of the South African Constitution. For Cornell, as a transformative ethic, ubuntu imposes obligations upon us to live up to ideals in our relationships with each other and to ideals of the new democracy. Cornell championed the idea of a substantive revolution brought about by the Constitution and argued for a reading of the South African Constitution against these aspirational ideals. (shrink)

People differ in the extent to which they discount the values of future rewards. Behavioural economists measure these differences in terms of functions that describe rates of reduced valuation in the future – temporal discounting – as these vary with time. They measure differences in preference for risk – differing rates of probability discounting – in terms of similar functions that describe reduced valuation of rewards as the probability of their delivery falls. So-called ‘impulsive’ people, including people disposed to addiction, (...) tend to choose rewards in patterns that are described by unusually steeply sloped discount functions. The empirical literature is ambivalent as to whether this applies to pathological gamblers (PGs) who manifest most other behavioural patterns associated with addiction, with different, equally careful studies suggesting opposite conclusions (Petry & Casarella 1999; Holt, Green & Myerson 2003). This puzzle may arise from the fact that most previous experiments on discounting behaviour were not designed so as to allow effects of high temporal discounting to be distinguished from effects of low probability discounting. (Addiction has sometimes been associated with the latter because it seems to involve, at least in the starting addict, under appreciation of risk.) Our research project investigates both forms of discounting behaviour and their relationship to severity of risk of PG in a community sample of South African gamblers. (shrink)

This article explores and unpacks the public debate on the ethics of applying selection quotas to South African international sport sides to achieve transformation, with special attention to cricket and rugby, the Proteas and Springboks respectively. I claim that for quotas to be morally called for, the racial transformation they are in service of must be morally required. Following an earlier article of mine on the subject of transformation in South African sport, I briefly reject two (...) manifestations of the goal of having the sides’ racial demographics match those of the country as a whole, and proceed to defend and develop two different transformational requirements: the ending of ongoing racial bias and the provision of equality of opportunity. I argue that while there may be a place for alternative forms of affirmative selection, the case for rigid quotas is marginal at best. While I do not argue for the claim here, it neither follows from this, nor do I believe, that the use of quotas is morally wrong. I argue only that the case for them is not particularly strong and depends, particularly, on the extent to which ongoing racial bias in selection persists. (shrink)

The issue of benefits in international clinical research is highly controversial. Against the background of wide recognition of the need to share benefits of research, the nature of benefits remains strongly contested. Little is known about the perspectives of research populations on this issue and the extent to which research ethics discourses and guidelines are salient to the expectations and aspirations existing on the ground. This exploratory study contributes to filling this void by examining perspectives of people in low-income (...) class='Hi'>South African communities on benefits in international clinical research. Twenty-four individuals with and without experience of being involved in clinical research participated in in-depth interviews. Respondents felt that ancillary care should be provided to clinical research participants, while a clinical study conducted in particular community should bring better health to its members through post-trial benefits. Respondents' perspectives were grounded in the perception that the ultimate goal of international clinical research is to improve local health. We argue that perspectives and understandings of the respondents are shaped by local moral traditions rather than clinical research specificities and require attention as valid moral claims. It is necessary to acknowledge such claims and cultural worlds from which they emerge, thus building the foundation for equal and embracing dialogue to bridge different perspectives and handle contradicting expectations. (shrink)

The paper applies insights from Axel Honneth's recent book, The Struggle for Recognition, to the South African situation. Honneth argues that most movements for justice are motivated by individuals' and groups' felt need for recognition. In the larger debate over the relative importance of recognition compared with distribution, a debate framed by Taylor and Fraser, Honneth is presented as the best of both worlds. His tripartite schema of recognition on the levels of love, rights and solidarity, explains how (...) concerns for equality and difference are two separate needs, even though both must be satisfied. Past and ongoing struggles in South Africa can be understood as struggles for recognition. The African Renaissance itself, to be successful, must address economic and recognition issues simultaneously. (shrink)

Although the obligation to appoint women as judges originates from the constitutional injunction to consider “the need for the judiciary to reflect broadly the racial and gender composition of South Africa,” gender transformation has lagged behind racial transformation of the bench. During the past four years, however, the lack of women appointees has become a more contested issue. This paper investigates the relationship between gender transformation and racial transformation of the judiciary in public debates around the judiciary. Despite the (...) universally voiced concern about the lack of women judges, the most frequent and acrimonious public disputes continue to centre upon racial issues. The imperative to appoint women judges is often articulated as an alternative to appointing black judges, although the statistics show that the greatest need is for the appointment of black African women. Debates on gender transformation of the bench also remain premised on a formal notion of equality that focuses on numbers of women judges rather than on appointing male or female judges who are committed to challenging gender oppression. This means that the entrenched professional cultures, norms and structures that benefit men are left unchallenged. (shrink)

In this paper I attempt to unpack the current public debate on racial transformation in South African sport, particularly with regard to the demographic make-up of its national cricket and rugby sides. I ask whether the alleged moral imperative to undertake such transformation is, in fact, a moral imperative at all. I discuss five possible such imperatives: the need to compensate non-white South Africans for the injustices in sport’s racist history, the imperative to return the make-up of (...) our national sides to what they would have been in the absence of that history, the requirement that national sides be representative of the country, the need to eliminate ongoing racial bias in selection, and the obligation to provide all South Africans, regardless of their race, the opportunity to compete as equals for places in the national side. I argue that the first three, drawn from talk of “rectifying the injustices of the past,” “achieving demographic proportionality between the sides and the country,” “representivity,” and “transformation” itself, are not compelling. The remaining two are of great moral import, but that the sorts of phrases just mentioned, and which are frequently used in the debate, have little to do with those genuine moral requirements. (shrink)

This essay offers a critical reading of Drucilla Cornell’s writings on the concept of ubuntu in South Africa, a country with which she had a deeply committed, complicated, ambivalent relationship. It explores her arguments for the contemporary relevance of this deeply rooted cultural concept—despite its appropriation and commodification at the hands of global market forces—not merely to the everyday life of Black South Africans but also for a transformative constitutionalism; a progressive jurisprudence, that is, addressed to the (...) accomplishment of a more equal and ethical post-apartheid society. In so doing, it analyzes how Cornell, a playwright and philosopher committed to estranging the familiar, turned the skepticism of ubuntu redolent among white South African scholars and public intellectuals back on itself by rooting her argument for its continued significance in a combination of ethnographic discovery and the legal history of the present. (shrink)

A child is a developing person with evolving capacities that include autonomy, mental capacity and capacity to assume responsibility. Hence, children are entitled to participatory rights in South Africa as observed in the Children’s Act 38 of 2005. According to section 129 of the Act a child may consent to his or her own medical treatment provided that he or she is over the age of 12 years and is of sufficient maturity and decisional capacity to understand the various (...) implications of the treatment including the risks and benefits thereof. However, the Act does not provide a definition for what qualifies as ‘sufficient maturity’ nor does it stipulate how health professionals ought to assess the decisional capacity of a child. In addition, South Africa is a culturally diverse country. The Western liberal notion of autonomy may not necessarily find equal prominence in the mores of people with a different worldview. Hence we demonstrate a few salient comparisons between legal liberal moral theory and African communitarianism as pertinent to the autonomy of the child. Children are rights-holders by virtue of their humanity. Their dignity as individual human persons affords them the entitlement to human rights as contemplated under the Constitution of the Republic of South Africa. However, contrary to the traditional Western notion of individual autonomous persons African societies hold a communalistic notion of person hence there is less regard for individual autonomy and rights with more emphasis on the communal good and maintaining the continuity of relationships and interdependencies shared within a community. A child considered in this view is not regarded as a full person. This implies that decisions concerning the child, including consent to medical treatment are discussed and determined by the community to which the child belongs. Lastly, in this article, we draw on the notion of capacity for responsibility to produce a pragmatic definition of sufficient maturity. It seems reasonable to suggest a move away from a general legal age of consent for medical treatment toward more individualised, context-specific approaches in determining the maturity of a child patient to consent to medical treatment. Perhaps, decision-making with respect to consent to the medical treatment of a child belonging to a traditional African community where the notion of a person is embedded in communitarianism ought to involve the child’s parents/guardians/caregivers where possible provided that the best interests of the child are awarded priority. (shrink)

In this paper, I investigate whether the pursuit of group-based social equality should constitute a political goal or not. I explain that social equality refers to the mechanism for horizontal presentation of opportunities to individuals in a given society to express their abilities. It could also mean the right to vie, contest, compete or take advantage of certain opportunities or even to the freedom to pursue or obtain certain opportunities among free citizens in any society. I argue that (...) the position of the mainstream European South African population seems to be that this should be an individual-based exercise since the sectional policy of apartheid has been disestablished. However, the majority of native South Africans appear to hold that since the post-apartheid South African society is heavily lopsided that the pursuit of social equality, especially by the natives who experience great economic disadvantage as a political goal, should be group-based in order to address comprehensively the social and economic ills of apartheid. This groupbased approach is challenged by European South Africans who argue that it introduces another form of inequality that places them at a disadvantage. I will analyze the arguments on both sides and attempt to justify the group-based approach in the light of the post-apartheid peculiar circumstances of native South Africans. Keywords: social equality, political goal, individual, group, South African society, apartheid. (shrink)

Access to education for undocumented migrant children in South Africa remains a significant challenge. While the difficulties related to their inability to access education within the country have been highlighted elsewhere, there remains a lack of clarity on an approach to how this basic human right can be achieved. In this conceptual paper, we draw on the distinction between equality and equity, and describe the various ways in which education has been conceptualised in the South African (...) Constitution – which in part contributes to the existing confusion on education for various groups, including undocumented migrant children. In this paper, we critically reflects on the need to develop an integrated approach for creating a platform that allows all undocumented migrant children access to education in South Africa. We argue that an integrated approach – which entails ways through which access to education can be delivered through the lens of equity – will enhance the right to education for undocumented migrant children in South Africa. We conclude that the South African government must urgently consider this integrated approach to enable access to education for undocumented migrant children, so that they can achieve their full educational potential. (shrink)

The current approaches to equality law in South Africa and Canada place these jurisdictions at the forefront of serious and comprehensive judicial at tempts to give effect to substantive equality. These attempts to overcome formalism are processes, judicially acknowledged as such, and as yet far from complete. At the conceptual center of the development of substantive equality is the legal realization of human dignity: not an abstract, individualistic notion, but a concept about the relation between the (...) individual and state, and individual and group, which is circumscribed by concern, respect and consideration.But substantive equality is not possible only through the case law. The current issues surrounding intersectional discrimination and the contextual appreciation of a claimant’s circumstances are urgent reminders that the methods and remedies afforded by the structure of litigation of equality rights claims simply cannot accommodate many instances which call for relief. The fact that these inadequacies of court enforced claims are beginning to be laid bare by some of the problems being faced by the Courts in equality claims is perhaps not a failing of equality law and the concept of dignity, but its strength. The methodology of human rights litigation in countries like Canada and South Africa supports a dialogue between court and legislature. As substantive equality develops in these jurisdictions, the limits of judicial development will be challenged. That is ultimately to be welcomed, if the legislatures are responsive to the definition of human dignity and substantive equality in development judicially, and respond with efforts to support and promote these developments. (shrink)

While South Africa attained liberation from the apartheid rule in 1994, the legacy of colonialism and apartheid – in the form of poverty and economic inequality – continues to haunt black South Africans. The aim of this article is to make a case for the equitable sharing of South Africa’s mineral wealth amongst all its citizens with the view to alleviate poverty. Firstly, this article provides a reflection on the Freedom Charter and suggests that the values of (...) the Charter, for instance, the sharing of resources and wealth, are relevant in South Africa today. Secondly, it is argued in the present article that the preferential option for the poor which is upheld in the black theology of liberation is equally relevant in post-apartheid South Africa where many black South Africans remain poor. Thirdly, this article argues that the African proverb, Bana ba motho ba ngwathelana hlogo ya tšie [The siblings share the head of a locust], also echoes the idea of equitable sharing of resources with a view to alleviate poverty. Lastly, the author submits that the idea of equitable sharing of resources and wealth that is echoed in the Freedom Charter, the black theology of liberation and the African wise saying support the equitable redistribution of the mineral wealth to the benefit of all South Africans. (shrink)

This paper is about conflicts of rights, and the particularly difficult challenges that such conflicts present when they entail women’s equality and claims of cultural recognition. South Africa since 1994 has presented a series of challenging—but by no means unique—circumstances many of which entail conflicting claims of rights. The central aim of this paper is, to make sense of the idea that the institution of traditional leadership can be sustained—and indeed given new, more concrete powers—in a democracy; and (...) to explore the implications that this has for women’s equality and equal human rights. This is a particularly pertinent question in the South African context, and I think it is worth reiterating from the outset that there is a distinct impression that women’s equality is always “up for grabs” when other, perhaps more powerful interests, come into play, in a way that would be unacceptable for other aspects of identity, and therefore signifiers of equality. It would be inconceivable, for example, to countenance a claim for a hierarchical racial arrangement in a given community, no matter how deeply culturally entrenched that arrangement was, and regardless of how much support it (ostensibly) had from the community concerned. I think therefore that we are obliged to ask difficult questions about the new legislation on traditional leadership, and to put it under the microscope of political theory in assessing the claim that this is one way of recognizing people’s rights and freedoms in a new democracy. (shrink)

This article investigates the often cited and dismissed, but rarely examined, relationship between legalizing same-sex marriage and polygamy. Employing a comparative historical analysis of U.S. and South African jurisprudence, ideology, and cultural politics, we examine efforts to expand, restrict, and regulate the gender and number of legally recognized conjugal bonds. South African family jurisprudence grants legal recognition to both same-sex marriage and polygyny, while the United States prohibits and resists both. However, social and material (...) conditions make it easier to practice family diversity in the U.S. than in South Africa. Our analysis of the very different histories of polygamy and same-sex marriage in the two societies suggests the centrality of racial politics to marriage regimes, yielding paradoxical narratives about the implications of legal same-sex marriage for the future of polygamy and sexual democracy. If there is a slippery marital slope, we argue, it does not tilt in a singular or expected direction. (shrink)

The South African context has been characterised by the prevalence of various social realities and problems in the form of xenophobia, racism, poverty and social injustice, aspects that adversely affect the ecumenical dream of equality, unity, love and tolerance. This article delves into these issues critically by examining how Veli-Matti Kärkkäinen’s concepts, ideas and symbols as expressed in his Pentecostal ecumenical ecclesiology can effectively inform the South African context. This article also brings into perspective the (...) credible foundational precepts within the Pentecostal tradition that are intricately intertwined within Kärkkäinen’s ecclesiology and determines how these invaluable traits or precepts can be applied effectively within the South African context. Although these Pentecostal foundational precepts have for a long time been overlooked by traditional theologies, they are also embedded within ecumenical values such as cultural diversity, interracial communion, promotion of peace, gender equality and religious pluralism. Contribution: This article is pushing the boundaries of how Pentecostal theology in general is understood by presenting its role and function in a wider ecumenical and geographical context. In this regard, this study makes a contribution by exploring ideas from Kärkkäinen’s ecclesiology which can effectively inform the current South African context which has been plagued by elements of inequality and injustice. (shrink)

Background. South Africa (SA) currently has a golden opportunity to legislate on human heritable genome editing (HHGE), as the country is revising its assisted reproductive technology regulations. A set of sub-regulations that deals with HHGE, which could seamlessly slot into the current regulations, has already been developed. The principles underlying the proposed set of sub-regulations are as follows: HHGE should be regulated to improve the lives of the people and should not be banned; the well-established standard of safety and (...) efficacy should be used in the regulation of HHGE; quality of life is what matters, and not preserving a ‘normal’ genome; parents’ reproductive autonomy must be respected; and equality of access to approved HHGE technology should be promoted. Objectives. To ascertain whether the proposed set of sub-regulations that deals with HHGE is aligned with public opinion in SA, and SA’s Bill of Rights. Methods. Public opinion in SA is determined with reference to a deliberative public engagement study on HHGE conducted among South Africans, and the relevant rights in the Bill of Rights are interpreted with reference to recent case law. Results. This proposed set of sub-regulations that deals with HHGE is aligned with public opinion in SA, and SA’s Bill of Rights. Conclusion. Despite the legal and ethical complexities of HHGE, the proposed set of sub-regulations provides a targeted and effective legislative approach. They fit seamlessly into the country’s existing health law framework, creating specific legal standards for HHGE that align with both public opinion and the country’s Bill of Rights. (shrink)

This article outlines the basic tenets of political liberalism, a recent twist in liberal theories of justice, and distinguishes a ?sufficiency? approach from its more ?egalitarian? rivals. The article argues that a ?sufficiency? principle as the basis for distributing social and material goods, is a logical extension of the commitment to a democratic ideal, one that is required to give substance to political rights guaranteed to all citizens as free and equal members of society. To illustrate the attractiveness of this (...) approach, the paper illustrates how political liberalism offers a compelling way of characterising and interpreting the new South African constitution. As a pluralist society which has until recently been ruled by an unjust regime, political liberalism in general, and the ?sufficiency? version in particular, would offer an effective and inclusive way of addressing what ought to be the paramount concern for all citizens: namely, how to prevent the state's coercive powers from being used by one sectarian group to dominate and repress other groups. (shrink)

Can gender equality quality criteria developed for assessing EU internal policies be used unequivocally for evaluating EU external policies? Or might a methodological adaptation be necesary? To engage with this dilemma, the author evaluates the two-dimensional quality model of Krizsan and Lombardo and examines what a reorientation of the model would entail to better allow for the analysis of gender policy implemented outside of Europe. The author argues that to allow for an in-depth analysis of EU gender policy abroad, (...) the model’s procedural criteria ‘empowerment of women’s rights advocates’ and ‘transformation with reference to the prevailing context’ need to be brought centre stage and mainstreamed throughout the research design. The author suggests doing this by explicitly involving the views of gender activists from the national context in the analysis and using their perspectives as a touchstone for the evaluation of quality. To examine the proposed methodological model’s suitability for analysing the quality of gender policies in EU external relations, this operationalization is applied to the case of EU–South African development cooperation. The article concludes that the inclusion of gender advocates’ perspectives is necessary to avoid stereotypical, paternalist and Eurocentric ideas about the meaning of gender equality abroad and allow for a contextually grounded reflexivity on the quality of gender policy. Finally, it is argued that it is the role of feminist research to enhance women’s capacity for self-determination methodologically and to hear the voices of national actors that might otherwise not be heard in EU external relations. (shrink)

The Integrated Urban Development Framework was constructed as a ‘new deal’ for South African cities and towns. It outlines a vision with four overarching goals and eight priorities or policy levers meant to overcome the apartheid legacy through comprehensive spatial restructuring and strategic urban–rural linkages. This article is a contextual theological reflection ‘from below’, reading the IUDF through the lenses of five distinct contours. It asks whether the IUDF has the potential to mediate good cities in which the (...) urban poor and disenfranchised can experience integral liberation as equal citizens, or whether it will perpetuate the city as post-colonial satellite of violent empire. It concludes by proposing five areas for theological and political action: consciousness from below, a new economics, a different kind of politics, socio-spatial transformation, and collaborative knowledge generation. (shrink)

Australian bills of rights are confined to the protection of civil and political rights. Economic, social and cultural rights were deliberately excluded from their coverage. This article draws on United Kingdom, Canadian and South African judgments with the aim of showing that the equality guarantees contained in these instruments can nevertheless be used as a vehicle for socio-economic claims. It further argues that there are sound moral and philosophical reasons that justify this approach.

This paper looks to Hannah Arendt's thinking about freedom and revolution to shed light on the "revolutionary jurisprudence" of South African Constitutional Court Justice Laurie Ackermann. As Arendt understands it, revolution is the coincidence of the idea of freedom and the experience of a new beginning. Arendt insists that only a government that harbors the revolutionary spirit can secure a stable space for freedom in the modern world. In asking what institutional spaces of exist that might preserve (...) a space of freedom in modern society, Arendt settles upon the Constitution and its institutional Praetorian guard, the Supreme Court. And yet, Arendt argues that the democratic and scientific trends have eroded the Supreme Court's freedom have threatened to eradicate freedom from the American public sphere. The paper looks to Justice Ackermann's jurisprudence as a way to reinvigorate Constitutional jurisprudence as a space for freedom. (shrink)

South Africa's 1996 Constitution promises a measure of ‘social citizenship’ alongside formal political and legal equality. South Africa's public welfare and social policies may be less effective in ensuring social citizenship, through reducing insecurity and inequality, than those of the more established democracies, but they are far more effective than those of other ‘developing’ countries. The origins of social citizenship in South Africa lie in the early and mid-1940s, when the state first assumed responsibility for the (...) welfare, broadly understood, of all South Africans. The most significant achievement was the introduction of a universal old-age pension system. The importance of these initiatives has been largely overlooked. This has been in part because later scholars largely ignored the heterogeneity of liberal thought in South Africa in the mid-twentieth century, as followers of the ‘New Liberalism’ broke with the classical liberalism of John Stuart Mill and argued for a range of state interventions in social and economic life. In South Africa, as elsewhere, the Second World War provided a context in which revised liberal thought gave rise to major policy reforms, some of which were to survive even the election of a National Party government in 1948. (shrink)

Should a liberal constitution constrain the racially discriminatory actions of state as well as nonstate employers? This essay answers in the affirmative, arguing that once we take seriously the right to nondiscrimination on the basis of race in terms of employment, we realize that such a constitution must constrain the actions of both. In doing so, this essay draws from John Rawls’s four-stage sequence, a sequence that suggests one way philosophical principles translate into constitutional design. A Theory of Justice is (...) the go-to theory for a wide range of political issues from a perspective of liberal theory, but scholars have paid less attention to it and comparative constitutional law. I take up this neglected inquiry by focusing on the distinction between the horizontal and vertical effect of a right not to be discriminated against on the basis of race in matters of employment. My analysis draws from the United States Constitution and the Constitution of the Republic of South Africa. A vertical effect constrains state power: a right to nondiscrimination is violated only when a state or public body discriminates on the basis of race. A horizontal effect constrains nonstate actors: a private employer may violate rights by discriminating on the basis of race. I argue that, in line with the South African Constitution, Rawls importantly adopts a horizontal effect of the right not to be discriminated against on the basis of race by ensuring formal equality of opportunity. His theory of justice suggests that a liberal constitution ought to constrain the racially discriminatory actions of both state and nonstate (private) employers. This, in turn, represents an important response to racism that occurs in the private sphere. (shrink)

The new South African constitution commits the government to guarantee "basic health services" for every child under 18. Primary health care for pregnant women and children under six and elements of essential primary health care have received priority. At present, there is little analysis of the moral considerations involved in making choices about more advanced or costly health care which may, arguably, also be "basic". This paper illustrates some of the tensions in setting priorities for a just macro-allocation (...) of children's health care, given the realities of need and scarce resources, and the commitment to equality of basic opportunities. (shrink)

The years 2015 and 2016 were marked by violent protests at South African universities. While the focus of many of the protests was on access to university education, an equally major theme was the decolonisation of universities. University statues, such as that of Cecil John Rhodes at the University of Cape Town and many others, were pulled down or defaced. Within the discourse on decolonisation of curriculum, statues were viewed as symbols of maintaining and preserving the colonial hegemony (...) that is being sustained by a Western or Eurocentric curriculum taught at universities. These developments led to a national discourse, which, among others, highlighted universities as spaces of exclusion because of residual colonial features. These protests became represented by hashtags such as #RhodesMustFall. These protests indicated a conflict and contest to eradicate the remnants of colonialism, as represented by statues (#YourStatueMustFall), which some protesters argued should be replaced by symbols of black liberation and anti-apartheid iconic symbols (#MyStatueShouldBeErectedInstead). For an integrated South Africa, with its constitutional ideals of a rainbow nation, a discourse of coexistence is required (#BothOurStatuesShouldBeErected). In this situation, a contextually engaged reformatory public practical theology is required to contribute to a constructive discourse and coexistence. (shrink)

Reconciliation in South Africa is often taken to mean the creation of culturally diverse communities. In reality, though, the multicultural often turns out to be multiracial only with People of Colour being included in White-dominated spaces. Likewise, socio-economic transformation means raising people’s chances to attain a living standard more equal to that of the bulk of the White population. In both cases, the strong position of White people in sociocultural and socio-economic terms remains largely untouched. Hence the calls for (...) decolonisation which seem to render the reconciliation discourse dispensable. Vulnerability by White South Africans is proposed as an alternative response to ongoing inequalities which – it is suggested – could contribute to both decolonisation and reconciliation on an interpersonal level. Likely objections to such a proposal are considered before making a case for vulnerability as an appropriate Christian way of living, particularly in the context of former settler colonialism. (shrink)

The principles of equality and equity, respectively in the Bill of Rights and the white paper on health, provide the moral and legal foundations for future health care for children in South Africa. However, given extreme health care need and scarce resources, the government faces formidable obstacles if it hopes to achieve a just allocation of public health care resources, especially among children in need of highly specialised health care. In this regard, there is a dearth of moral (...) analysis which is practically useful in the South African situation. We offer a set of moral considerations to guide the macro-allocation of highly specialised public health care services among South Africa's children. We also mention moral considerations which should inform micro-allocation. (shrink)

Moltmann’s Theology of Hope still resonates in theological discourses 60 years after the publication of his epoch-making book containing this concept. At a time of fading hope among South Africans, a revisitation of Moltmann’s pattern of reasoning holds the promise of reward. This article focuses on the quest for raising tangible hope in South Africa and the possible contribution of the Theology of Hope in this regard. The central theoretical argument here will be that the failure of hope (...) in South Africa is caused by the fact that hope continues to be viewed in terms of the event of liberation (1994), and not in terms of a liberating process as the Theology of Hope proposes. To unpack this hypothesis and provide preliminary responses to the matters raised here and others, the study revisits Moltmann’s Theology of Hope as centred on the recurrent interpretations and applications that it has received in political theologies. The aim is to translate the core idea of the Theology of Hope into tangible hope for desponding South Africans today. Contribution: This research proposes that hope founded in the sign of the reign of the moving God, such as instances of love, goodness, truth-telling, fair jurisprudence and caring for the poor, which are discernible in South Africa today, are valuable and plausible building blocks for the creation of continuous tangible hope. The hope that rests in the actions of the moving God is of greater value than that residing in a single historic event. The 1994 liberation event, lauded by many as the great cause of perennial hope, has faded away in recent years and turned into a pervasive despondency within the South African community. (shrink)

Emerging out of increased attention to gender equality within violence and HIV prevention efforts in South African society has been an intensified focus on masculinities. Garnering a deeper understanding of how men respond to shifting gender relations and rights on the ground is of urgent importance, particularly since social constructions of gender are implicated in the HIV/aids epidemic. As social scientists collaborating on a rights-based HIV and antiviolence program, we sought to understand masculinities, rights, and gender norms (...) across six high HIV/aids seroprevalence provinces in South Africa. Drawing on focus group research, we explore the ways that men who are engaged in HIV and antiviolence programming can often be simultaneously resistant to and embracing of changes in masculinities, women’s rights, and gender relations. We use our findings on men’s responses to changing gender relations to make suggestions for how to better engage men in HIV and antiviolence programs. (shrink)

Militarization—the mobilization of resources for war—is a gendering process. It both uses and maintains the ideological construction of gender in the definitions of masculinity and femininity. This article draws on material from contemporary South Africa to illustrate the relation between gender and militarization in four respects: how women actively contribute toward the process of militarization; the similarities in the position of women in both conventional and guerrilla armies; the durability of patriarchy and the fragility of the gains made for (...) women during periods of war; and, finally, how the South African experience sharpens the debate about the relation between equal rights and women's participation in armies. The article concludes that there is no necessary relation between demilitarization and gender equality. (shrink)

The assassination of Martin Luther King Jr, 50 years ago on 04 April 1968, has been recalled in the United States with memorial services, conferences, public discussions and books. In contrast, the commemoration in 2017 of the death of Albert John Mvumbi Luthuli, 50 years ago on December 1967, passed almost unremarked. That is to our detriment. Yet, these two Christian fighters for freedom, in different contexts, did not only have much in common, but they also left remarkably similar and (...) equally inspiring legacies for South Africa, the United States and the world in the ways they lived their lives in complete faith commitment to ideals and ways of struggle that may guide us in the ongoing struggles to make the world a more just, peacable and humane place. For South African reflections on our ethical stance in the fierce, continuing struggles for justice, dignity and the authenticity of our democracy, I propose that these two leaders should be considered in tandem. We should learn from both. This article engages Martin Luther King Jr’s belief in the ‘inescapable network of mutuality’, applies it to the struggle for freedom in South Africa and explores the ways in which South Africans can embrace these ethical ideals in facing the challenges of post-liberation. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Buddhist-Christian Studies 22 (2002) 234-236 [Access article in PDF] Book Review Dreaming Me: An African American Woman's Spiritual Journey Dreaming Me: An African American Woman's Spiritual Journey. By Jan Willis. New York: Riverhead Books, 2001. 321 pp. This book invites comparison with Diana Eck's Encountering God: A Spiritual Journey from Bozeman to Banaras(Boston: Beacon Press, 1993). Both are by prominent women scholars, both have "spiritual journey" in (...) the subtitle, and both are about Christians who come to terms with a non-Christian religion—Hinduism in Eck's case, Buddhism in Willis's case. But as soon as one gets past the titles, it is the differences that strike one. Where Eck maintains an Olympian poise, hobnobbing with Hindus but remaining a Christian and an objective scholar, interpreting and analyzing as she goes, Willis plunges into Buddhism without rejecting her family's Baptist tradition, becoming a fully participant observer so as to ask how her own history and the history of her fellow African Americans can be healed by an intensely personal internal dialogue. Eck gives us theology. Willis gives us herself. Recognized as "one of the first American scholar-practitioners of Tibetan Buddhism" (294), her students ask her if she practices meditation as well as teaching it. She gives a carefully crafted answer that unifies the practice of Buddhism with the practice of academic teaching as an authentically human activity within the Humanities.The book has the form of a Hindu epic, incidents from Willis's life interrupting the frame story, the dreaming of the title. This dream (whether actual or metaphorical, we are not told) moves with considerable dramatic power from the terror of being pursued by lions to the dreamer's transformation into a lioness who roars the Dharma like Queen Shrimala. Its five parts are called Birth, Odyssey, Choices, Becoming, and Return, taking us from her childhood as a Baptist in Docena, Alabama, to Cornell University, to India and Nepal, and back to Docena, as a self-described Baptist-Buddhist (310).Willis's journey is intimately bound up with her search for self-acceptance as a "white gal"—a noticeably light-complexioned black woman in the Jim Crow South —and for the nobility of African Americans as fully human beings. Her early experiences [End Page 234] were not encouraging. Blacks were not only physically segregated in Docena, they were electronically expunged from television shows by spurious technical difficulties ("trouble along the cable"), and she endured an attack by the Ku Klux Klan on her family's home. The customary but thoroughly illegal suffrage examination administered to her father included such questions as "How many words are there in the U.S. Constitution?" (58, italics in original). He had been specially prepared for such absurdities, and he passed. Midway in her pilgrimage Willis searches for her roots (or "kin," as she says, using the Southern word) in county and federal records, and her initial excitement turns to humiliation as the white historian tells her, with disdainful triumph, that her intelligence must have come from the white slave owner who "everybody says" was her "granddaddy's daddy" (251). A black woman was presumed to be lacking in native intelligence, and Willis's intellectual powers suffered insult not only from whites but from her own mother, who, perhaps having internalized the white folks' contempt, regarded being smart as somehow evil (25). As a student at Cornell, Willis discovered black power and participated in Black Student Alliance (BSA) demonstrations, sometimes involving guns, but she came to believe that direct political action was not for her. She was, she decided, a teacher at heart, and after much soul searching she opted for the "peaceful transformation" (129) that she hoped would come from the study and practice of Buddhism.Although her skin color was a puzzlement to some Indians, who wondered about her caste, her Tibetan teachers in Nepal accepted her as a student who was at least the equal of the white students, and even, perhaps, superior to them. A spot of blonde in her hair was interpreted as the... (shrink)

Canada’s Truth and Reconciliation Commission (TRC) is tasked with facing the hundred-year history of Indian Residential Schools. The South African Truth and Reconciliation Commission is frequently invoked in relation to the Canadian TRC, perhaps because this is one of the few TRCs worldwide that Canadians know. Whilst the South African TRC is mainly applauded as an international success, I argue that loose analogizing is often more emotive than concise. Whilst much indeed can be drawn from the (...) South African experience, it is important to specify the Canada–South Africa analogy. In this article, I do so by focussing on the institutional approach to truth and how this relates to issues of settler/White denial. The South African experience teaches that narrow approaches to truth collude with superficial views of reconciliation that deny continuities of violence. Consequently, I argue that Indigenous–settler reconciliation requires a broad truth that locates residential schools on a continuum of violence, linking extraordinary abuses with structural injustices and historic colonization with lived relationships. (shrink)

The legal framework governing claims of medical negligence is extensively documented within South African (SA) jurisprudence, with a predominant focus on the liability of medical practitioners. In contrast, the liability of pharmacists has received comparatively scant attention. This issue was recently highlighted by a case in which a woman from the Western Cape initiated legal action against Clicks, a leading health, beauty and wellness retailer and SA’s largest retail pharmacy chain, alleging that the provision of incorrect medication (...) nearly cost her life. At the time of writing, the case has yet to advance to trial. This article explores the legal and ethical dimensions of medical negligence attributed to pharmacists within the context of their professional duties. Additionally, it investigates how similar cases are adjudicated in foreign jurisdictions, with a specific focus on the US. (shrink)

During this period, when disciples were growing in number, a grievance arose on the part of those who spoke Greek, against those who spoke the language of the Jews; they complained that their widows were being overlooked in the daily distribution. When Americans think of ethnic conflict, conflict between blacks and whites comes to mind most immediately. Yet ethnic conflict is pervasive around the world. Azerbijanis and Turks in the Soviet Union; Catholics and Protestants in Northern Ireland; Arabs and Jews (...) in the Middle East; Maoris and English settlers in New Zealand; Muslims and Hindus in India and Pakistan; French and English speakers in Quebec; Africans, Afrikaaners, and mixed-race people in South Africa, in addition to the tribal warfare among the Africans themselves: these are just a few of the more obvious conflicts currently in the news. We observe an even more dizzying array of ethnic conflicts if we look back just a few years. Japanese and Koreans; Mongols and Chinese; Serbs and Croats; Christians and Buddhists in Viet Nam: these ancient antagonisms are not immediately in the news, but they could erupt at any time. And the history of the early Christian Church recounted in the Acts of the Apostles reminds us that suspicion among ethnic groups is not a modern phenomenon; rather, it is ancient. The present paper seeks to address the problem of ethnic conflict in modern western democracies. How can our tools and traditions of participatory governments, relatively free markets, and the common law contribute to some resolution of the ancient problems that we find within our midst? In particular, I want to focus here on the question of ethnic integration. (shrink)

This essay will critically analyse how conquest that resulted in white settler colonialism laid the foundation for epistemic violence. Epistemic violence, which took the form of the imposition of the law of the European conqueror in the wake of land dispossession in 1652 in South Africa is the fundamental problem this essay will critically engage with. We will rely on the Azanian philosophical tradition as a theoretical framework to critique this legal epistemic violence. Our theoretical framework is in line (...) with Afrikan jurisprudence, which is grounded in the culture and worldview of the Indigenous people conquered in wars of conquest. Fundamental to our argument is that the law of the European conqueror, which was imposed through conquest is a Eurocentric enterprise, which seeks to negate the Afrikan worldview and culture and reinforce historic injustice. It is important to note that epistemic violence commenced with the issuing of papal bulls, which undergirded conquest and white settler colonialism in South Africa. The thesis of the essay is that in the wake of conquest and the attendant imposition of the law of the European conqueror, white settlers used their law to technicalise issues of historic injustice such as land dispossession. It is in this sense that this essay seeks to contribute to the decolonisation of law by foregrounding the worldview and culture of the Indigenous conquered people. (shrink)

Despite the end of the Cold War and the ascendancy of liberal democracy celebrated by Francis Fukuyama as “the end of history”, a growing number of scholars and political activists point to its inherent shortcomings. However, they have tended to dismiss it on the basis of one or two of its salient weaknesses. While this is a justifiable way to proceed, it denies the searching reader an opportunity to see the broad basis for the growing rejection of liberal democracy among (...) African political theorists. Consequently, in this article, I argue that from an African perspective, the almost hegemonic status of liberal democracy can be challenged on at least five grounds, namely, logical inconsistency, impracticability due to the largely communalistic outlook of many africans, inconsistency between affirmation and action, violation of the right to ethnic identity, and the moral imperative to assert the right to cultural emancipation. -/- I conclude by calling upon African and Africanist political theorists to utilise indigenous African political thought, coupled with emancipatory aspects of political thought from other parts of the world, to design practicable models of democracy for contemporary African states. I further conclude that in order to promote genuine inter-cultural dialogue on democratisation, people from Western cultures ought to acknowledge the equality of all cultures, and to recognise that systems of governance are part and parcel of those cultures. (shrink)

Global health conceives the notion of partnership between North and South as central to the foundations of this academic field. Indeed, global health aspires to an equal positioning of Northern and Southern actors. While the notion of partnership may be used to position the field of global health morally, this politicization may mask persisting inequalities in global health. In this paper, we reflect on global health partnerships by revisiting the origins of global health and deconstructing the notion of partnership. (...) We also review promising initiatives that may help to rebalance the relationship. Historical accounts are helpful in unpacking the genesis of collaborative research between Northerners and Southerners – particularly those coming from the African continent. In the 1980s, the creation of a scientific hub of working relationships based on material differences created a context that was bound to create tensions between the alleged “partners”. Today, partnerships provide assistance to underfunded African research institutions, but this assistance is often tied with hypotheses about program priorities that Northern funders require from their Southern collaborators. African researchers are often unable to lead or contribute substantially to publications for lack of scientific writing skills, for instance. Conversely, academics from African countries report frustrations at not being consulted when the main conceptual issues of a research project are discussed. However, in the name of political correctness, these frustrations are not spoken aloud. Fortunately, initiatives that shift paternalistic programs to formally incorporate a mutually beneficial design at their inception with equal input from all stakeholders are becoming increasingly prominent, especially initiatives involving young researchers. Several concrete steps can be undertaken to rethink partnerships. This goes hand in hand with reconceptualizing global health as an academic discipline, mainly through being explicit about past and present inequalities between Northern and Southern universities that this discipline has thus far eluded. Authentic and transformative partnerships are vital to overcome the one-sided nature of many partnerships that can provide a breeding-ground for inequality. (shrink)

Although the world has experienced remarkable progress in health care since the last half of the 20th century, global health inequalities still persist. In some poor countries life expectancy is between 37-40 years lower than in rich countries; furthermore, maternal and infant mortality is high and there is lack of access to basic preventive and life-saving medicines, as well a high prevalence of neglected diseases, HIV/AIDS, tuberculosis, and malaria. Moreover, globalization has made the world more connected than before such that (...) health challenges today are no longer limited within national or regional boundaries, making all persons equally vulnerable. Because of this, diseases in the most affluent countries are closely connected with diseases in the poorest countries. In this paper, we argue that, because of global health inequalities, in a situation of equal vulnerability, there is need for global solidarity not only as a means of reducing health inequalities, but also as a way of putting up a united force against global health challenges. We argue for an African approach to solidarity in which the humanity of a person is not determined by his/her being human or rational capacity, but by his/her capacity to live a virtuous life. According to this view of solidarity, because no one is self-sufficient, no individual can survive alone. If we are to collectively flourish in a world where no individual, nation or region has all the health resources or protection needed for survival, we must engage in solidarity where we remain compassionate and available to one another at all times. (shrink)

Control over economic surplus is the biggest contributor towards women's substantive equality in society. Furthermore, surplusgenerating women prioritize spending on family nutrition, health and education, which yields long-term social benefits at macrolevel. Globalization's marginalization of poor men in the Global South, from both the formal and informal economies, diminishes men's strategic indispensability in the community and household, and results in resistance to women's increased independence. Men's perceived sense of loss of control acts as trigger for an increase in (...) domestic and social violence towards women, with debilitating impact on the de facto status of women in society, and with that, the beneficial impact that equality of women could have on future generations. (shrink)

Abstractabstract:The United Nations Environment Program (UNEP) Faith for Earth initiative calls for religiously inspired social action on local and global levels, focused on the seventeen interdependent sustainable development goals toward a just and peaceful world. Environmental justice must include an intersectional human rights approach to these issues by addressing the multiple and intersecting nature of lived experience, including gender, race, and socioeconomic status. My paper takes as its point of departure the UNEP Faith for Earth's recognition that environmental conditions have (...) different impacts on the lives of men and women due to existing gender inequality. As both UN and UN Women have confirmed in their reports, women disproportionately suffer the impacts of climate change and environmental degradation, especially in the global South. Environmental justice must address the critical link between environmental problems, and the rights of women and girls. Sustainable Development Goal five on gender equality includes addressing violence against women, sexual health and reproductive rights, and peace and security. I discuss how faith-based initiatives, specifically Buddhist and African Indigenous Christian, have a positive role in grassroots environmental justice in the global South. My discussion includes the work of African Indigenous Christian, Nobel Laureate, and founder of the Greenbelt Movement, Dr. Wangari Muta Maathai, and the Theravada Thai lay Buddhist teacher and founder of the International Network of Engaged Buddhists, Sulak Sivaraksa. Their faith-based grassroots initiatives for environmental justice anticipate and are exemplary models for the UNEP Faith for Earth call to action. They emphasize a 'think global, act local' approach to environmental justice, by drawing on the wisdom and teachings of the people. I focus specifically on how religion has a critical role in these faith-based initiatives. (shrink)

The purpose of this article is to bring to light a critical question which borders around the decolonial feminism discourse, and in so doing I unveil some salient insights which add valuable contributions to the discourse about the place of feminism in the African context. The motivating problem is the question of subordination of women in Africa. There are many reasons and questions, each deserving thorough examination that have been brought forward for the causes and possible explanations of the (...) phenomenon. The argument I seek to highlight is that cultural distortion through colonisation has led to the valorisation of narratives that perpetuate the subordination of women in Africa. One such narrative is that women are second-class citizens and that they occupy an inferior position in the social, economic and political hierarchies of our society. What will come from this article is that these narratives persist in what we would consider a postcolonial “modern” Africa where women seem to be gaining rights and tapping into spaces that foster equality owing to feminism. However, the subordination of women is still prevalent, even for the “liberated” women. The article will show why the persistence of this problem is proving difficult for the comprehension and acceptance of feminism in African contexts. (shrink)

In this article, I revisit the question of socio-economic transformation in South Africa to illustrate how it connects with human rights, essentially because, as I argue, transformation is unattainable without a comprehensive understanding of the central role of human rights in activating that process. I state the claim that the progressive human rights culture on the basis of which South Africa launched itself from the demise of apartheid into one of the most treasured constitutional democracies globally is noticeably (...) disintegrating, displaying signs of post-independence failures that have bedevilled many other African countries. It leaves unanswered questions with regard to the transitional promise for a better life and equitable opportunities. Not only is the political intent to actualise the project for socio-economic transformation apparently lacking, prospects that the expectations of the impoverished segments of the population may never be fulfilled prompts the need for an in-depth diagnosis of the contrasts that dissociate the country from its constitutional commitment to remedy the injustices of the past, which remain visible in legislation, policies, institutional practices, governance mechanisms and social perceptions that seem to be hardwired to accommodate transformation. I aim to demonstrate that even though South Africa’s constitutional democracy is anchored on a radical undertaking to eradicate the injustices that unreasonably limit options for the larger part of the population, there is no genuine adherence to the constitutional standards for transformation under the present dispensation, which is shaped by misconceived and misdirected priorities at the expense of human rights that lie at the core of the project for socio-economic transformation. I articulate these viewpoints by bringing into sharper focus the connection between human rights and transformation so that perhaps, the arguments may provide conceptual direction in academic discourses and probably also shape policy direction in crafting transformative solutions to the socio-economic exigencies that South Africa is confronted with. (shrink)