Suchergebnisse

During recent years, various South African universities have fallen victim to student protest. The degree of violence involved in, as well as the frequency and duration of such protest action have varied from university to university. This article focuses on student protest action at the University of KwaZulu-Natal between 2012 and 2014. It examines such protest action through the lens of Plato's text Crito, which describes the events leading up to the death of Socrates. The question at the core of this article is whether or not the opinions of the ancient Greeks – Socrates, in particular – on the issue of obedience to law are in any way useful to South African law students when considering this issue in the context of the society in which they live. The article is divided into two parts. Part One examines the attitudes of the ancient Greeks to the issue of obedience to law and highlights points of possible relevance to the politics of protest in post-apartheid South Africa. Part Two of the article examines student protests between 2012 and 2014 at the University of KwaZulu-Natal. It also analyses two competing narratives about the nature of law in post-apartheid South Africa, which may assist in explaining the intimidatory tone of much of the protest action examined.

During recent years, various South African universities have fallen victim to student protest. The degree of violence involved in, as well as the frequency and duration of such protest action have varied from university to university. This article focuses on student protest action at the University of KwaZulu-Natal between 2012 and 2014. It examines such protest action through the lens of Plato's text Crito, which describes the events leading up to the death of Socrates. The question at the core of this article is whether or not the opinions of the ancient Greeks – Socrates, in particular – on the issue of obedience to law are in any way useful to South African law students when considering this issue in the context of the society in which they live. The article is divided into two parts. Part One examines the attitudes of the ancient Greeks to the issue of obedience to law and highlights points of possible relevance to the politics of protest in post-apartheid South Africa. Part Two of the article examines student protests between 2012 and 2014 at the University of KwaZulu-Natal. It also analyses two competing narratives about the nature of law in post-apartheid South Africa, which may assist in explaining the intimidatory tone of much of the protest action examined.

This article takes as its starting point a controversy which has arisen around a proposed assessment by the South African government of the decisions of the Constitutional Court, giving rise to concerns that this will constitute undue interference with the independence of the judiciary. Part One of this article traces and analyses the developing controversy. It then compares the current clash between the South African Executive and Judiciary to a similar clash which took place in seventeenth century England, between King James I and Chief Justice Edward Coke. Such clashes appear to be fairly common, particularly in young democracies in which democratic institutions are yet to be properly consolidated. Although not immediately apparent, the similarities between the situation which existed in seventeenth England at the time of James I and that in present-day South Africa are instructive. In tracing the development of these two clashes between the executive and judiciary, Part One of this article lays the foundation for a more indepth comparison in Part Two.

Part One of this article traced rising tensions between the South African executive and the judiciary on the question of the separation of powers. This situation was then contrasted and compared with a clash which took place in the 17th century between King James I of England and Chief Justice Edward Coke. In Part Two of this article attention is focused on two specific cases which arose out of the clash between James and Coke - Prohibitions Del Roy and The Case of Proclamations. The article then turns to a discussion of the lessons which can be drawn from these cases. The arguments which were raised in the cases are contrasted and compared with more contemporary arguments advanced in the context of the present conflict between the South African executive and the judiciary. The views of Ronald Dworkin comparing 'majoritarian' and 'constitutional' conceptions of democracy are examined in the context of this debate. Tentative conclusions are then drawn and warnings issued of the negative consequences for South Africa if the potential conflict between the executive and the judiciary is not properly resolved.

This article sets out to examine the legal system of both pre and post-apartheid South Africa, through the lens of Franz Kafka's seminal novel "The Trial". The central contention of the article is that Franz Kafka's nightmare vision serves not only as a historical point of reference anticipating the insanity of the apartheid legal bureaucracy, but also acts as an injunction to South Africa's judges and lawyers to ensure that the legacy of the apartheid period does not negatively affect service delivery in post-apartheid democratic South Africa. The article begins with a discussion of the truly Kafkaesque nature of law in South Africa during the apartheid era. The main legislative pillars of the apartheid system are discussed, as well as the human cost exacted by apartheid policies. The article then moves to a discussion of the South African legal system following the apartheid era. While acknowledging the massive shift away from the nightmare of apartheid, certain disturbingly Kafkaesque trends are noted within the bureaucracy serving the democratic South African state.Various efforts by the South African legislature and courts to combat these trends are analysed and discussed, including various legislative measures enacted since the demise of apartheid, and the development of innovative supervisory interdicts by the courts.