scispace - formally typeset
Search or ask a question

Showing papers in "South African Journal on Human Rights in 2011"


Journal ArticleDOI
TL;DR: In this paper, a theoretically informed, socially contextualised way of appraising the impact of strategic litigation on the needs and interests of the poor and vulnerable is presented. But, the success or failure of rights and the strategies that give effect to them is always contingent on a broad range of factors, many of which are beyond the control of public interest law practitioners.
Abstract: This article argues for a theoretically informed, socially contextualised way of appraising the impact of strategic litigation on the needs and interests of the poor and vulnerable. After sketching the theoretical terrain against which human rights litigation falls to be assessed, the article examines the relative success of recent strategic litigation aimed at stemming the flow of forced evictions in Johannesburg's inner city. Success or failure of rights and the strategies that give effect to them, the author argues, is always contingent on a broad range of factors, many of which are beyond the control of public interest law practitioners. The best that can be done is to practise law with an acute awareness of the nature and likely impact of those factors. This will guard against both an over-reductive approach, which posits that litigation can never 'ultimately' make a difference, and the over confidence of the intellectually able, but socially dislocated, elite practitioner who equates social change with 'good jurisprudence'.

35 citations


Journal ArticleDOI
TL;DR: In this paper, the authors explore how poverty influences the way in which the normative content of the constitutional environmental right should be interpreted and applied and make the call for an expansive or generous interpretation of the environmental right that takes into account the broader purposes and interests which this right and the Constitution in general seem to protect.
Abstract: Section 24 of the Constitution of the Republic of South Africa, 1996 provides that everyone has the right to an environment that is not detrimental to his or her health or well-being. The nature and ambit of the environmental right relate to ss 27(1) and (2), which provide for a right of access to health-care services and sufficient food and water. Yet the scope of s 24 transcends the modalities of what is necessary for people's 'biological survival', including physical health. Departing from the viewpoint that a strong link exists between the vulnerable poor and the different constitutional entitlements enshrined in s 24, this article explores how poverty influences the way in which the normative content of the constitutional environmental right should be interpreted and applied. Following an interpretative approach, the call is made for an expansive or generous interpretation of the environmental right that takes into account the broader purposes and interests which this right and the Constitution in general, seem to protect.

28 citations


Journal ArticleDOI
TL;DR: In this article, the authors proposed a more expansive, contextualized and responsive framework for conceptualizing the role of public impact litigation and assessing its impact. But their analysis is tested, partly through the lens of two recent cases concerning the disconnection of municipal services - Mazibuko (water) and Joseph (electricity).
Abstract: In 2008, one of the largest funders of human rights organisations in South Africa, the Atlantic Philanthropies, published a report that identified several factors for optimal public interest litigation. Despite the relative density of organisations that conduct public interest litigation in South Africa, there has been little critical engagement with its findings. Yet this exercise is pertinent given the growing reliance by South African civil society organisations on litigation to resolve systemic failures by the state, together with the ever more pressing requirement from donors to prove the strategic value of the turn (or return) to the courts. This article aims to contribute to the discussion about the uptake and value of public interest litigation by problematising the premises and recommendations of the Atlantic Philanthropies Report (APR). The report's analysis is tested, partly through the lens of two recent cases concerning the disconnection of municipal services - Mazibuko (water) and Joseph (electricity) - revealing another type of disconnection: that the public impact litigation process is generally too unpredictable and diffuse for it to be adequately assessed through a formulaic or scientific approach. At the same time, it has more potential for social change than covered in the APR. The article therefore advances a more expansive, contextualised and responsive framework for conceptualising the role of public impact litigation and assessing its impact. The proposed framework takes into account structural conditions of power, agency in the form of social mobilisation and the role of public interest litigation in constituting 'politics by other means'.

23 citations


Journal Article
TL;DR: Mbazira and McLean as mentioned in this paper adapted from doctoral theses and published by Pretoria University Law Press, are welcome additions to the growing scholarship on socio-economic rights litigation in South Africa.
Abstract: Christopher Mbazira and Kirsty McLean's books, both adapted from doctoral theses and published by Pretoria University Law Press, are welcome additions to the growing scholarship on socio-economic rights litigation in South Africa. Both books are very readable, while being well-researched and academically rigorous, and are likely to appeal to law students and practitioners alike.

21 citations



Journal ArticleDOI
TL;DR: In this paper, the Strydom case has been used as a case study to explore the tension between advancing equality in South African society whilst recognising the autonomy of private associations.
Abstract: Should religious associations be allowed to engage in acts of unfair discrimination on grounds prohibited in the Constitution where they claim their religious doctrines require it? This article argues for this question, in general, to be answered in the negative and seeks in the process to explore the tension between advancing equality in South African society whilst recognising the autonomy of private associations. The Strydom case - dealing with the dismissal of a gay music teacher from a church on grounds of his sexual orientation - provides the backdrop for an analysis of these issues. The article critiques the work of two authors - Patrick Lenta and Stu Woolman - who argue that greater emphasis should be placed on freedom of association in these circumstances even where such associations promote values that are in direct contradiction to those contained in the Constitution. For Lenta, the core concern relates to 'protecting diversity' whilst, for Woolman, it involves ensuring a society with a high quantity of 'social capital'. I shall argue that both authors pay insufficient attention to the South African context, which provides a strong case for a presumption in favour of equality and non-discrimination. Moreover, an engagement with the history of religion in South Africa provides strong reasons to avoid simply leaving a private religious domain alone that is at odds with the political morality of the state. I shall also seek to show that the very values that both Lenta and Woolman are concerned with do not unequivocally support their conclusions and in fact provide a case for the contrary point of view. The arguments I provide seek to establish that courts should generally refuse to condone discrimination on prohibited grounds even where this occurs on the basis of religious doctrines. Ultimately, the article argues for South Africa to adopt an egalitarian form of liberalism that recognises limits on the freedom of religious associations to discriminate as this is necessary to ensure respect for the equal dignity of all individuals in the polity.

14 citations


Journal ArticleDOI
TL;DR: A nation's prisons often reflect its socio-economic and socio-political context as discussed by the authors, and this was certainly true of the colonial and the apartheid periods in South Africa, where prisons were segregated along racial lines and the use of prison labour was common.
Abstract: A nation's prisons often reflect its socio-economic and socio-political context. This was certainly true of the colonial and the apartheid periods in South Africa. Prior to 1994, prison policy mirrored and reinforced broader apartheid policy. Prisons were segregated along racial lines and the use of prison labour was common. The system was brutal, and the courts did precious little to change anything. Over time, the South African government militarised the system, as the society progressively became a police state and was besieged by internal security strife.

13 citations


Journal ArticleDOI
TL;DR: In South Africa, public interest litigation has become a useful tool to complement political mobilisation as discussed by the authors, and it is difficult to speak of public-interest litigation in South Africa without referring to the country's remarkable political and legal transformation of the past 16 years.
Abstract: It is difficult to speak of public interest litigation in South Africa without referring to the country's remarkable political and legal transformation of the past 16 years. The courts have played an important role in ensuring that the political rights achieved at that time are maintained and developed. Although the new political dispensation has become a way of life, social change and transformation have been much slower. For most South Africans, the promise of democracy has not brought about the expected social benefits, leading to disillusionment and dissatisfaction with the current government's inability to eradicate the huge social and economic gap. Increasingly, these communities are becoming active in expressing their dissent. Public interest litigation has become a useful tool to complement political mobilisation.

13 citations


Journal ArticleDOI
TL;DR: In this article, a lecture on people's power and the courts is presented, where the authors start with a text: "The Freedom Charter proclaims: 'The People Shall Govern!'
Abstract: The topic of my lecture is 'People's Power and the Courts'. In the mode of all good preachers, I start with a text. In fact I have three : The Freedom Charter proclaims: 'The People Shall Govern!' President Zuma, in his recent address in the National Assembly bidding farewell to Chief Justice Ngcobo and welcoming Chief Justice Mogoeng, said: 'The powers conferred on the courts cannot be regarded as superior to the powers resulting from a mandate given by the people in a popular vote'. The Constitution says that one of the founding values of the Republic of South Africa is 'a multi-party system of democratic government, to ensure accountability, responsiveness and openness'.

11 citations


Journal ArticleDOI
TL;DR: In this paper, the effects of court judgments upholding asylum-seeker and refugee rights have been blocked because courts lack a supportive socio-political support structure to implement their decisions, and government actors do not feel strictly bound by the law, have few incentives for compliance and are largely unaccountable for legal violations.
Abstract: South Africa's progressive refugee legislation, together with its rights-regarding Constitution and a strong focus on administrative law, provide a powerful legal framework for the protection of refugee and asylum-seeker rights. Yet, despite numerous successful court challenges advancing these rights, many rights-violating practices have persisted. Asylum seekers face problems accessing the proper status determination procedures and are illegally detained and deported. The effects of court judgments upholding asylum-seeker and refugee rights have been blocked because courts lack a supportive socio-political support structure to implement their decisions. Government actors do not feel strictly bound by the law, have few incentives for compliance, and are largely unaccountable for legal violations. By better understanding the barriers to effective legal decisions, public interest lawyers and courts can develop broader strategies aimed at overcoming these barriers and increasing the effectiveness of legal decisions.

10 citations


Journal ArticleDOI
TL;DR: The Gabon informal settlement (Gabon) as mentioned in this paper was the site of the Modderklip case, which began with eviction proceedings by a private owner for residents unlawfully occupying his land and ended with the Constitutional Court making a declaratory order entitling the owner to compensation in respect of the occupied land, and allowing the residents to occupy the land until an alternative was provided by the state.
Abstract: This article examines recent developments at the Gabon informal settlement (Gabon), situated in Daveyton township, Benoni in the Ekurhuleni Metropolitan Municipality, where in May 2010 over 300 families had their shacks illegally demolished by the municipality and Metro police. Gabon is the site of the Modderklip case, which began with eviction proceedings by a private owner for residents unlawfully occupying his land, and ended with the Constitutional Court making a declaratory order entitling the owner to compensation in respect of the occupied land, and allowing the residents to occupy the land until an alternative was provided by the state.

Journal ArticleDOI
TL;DR: In this article, the authors consider what the triumph of proceduralisation means for future social and economic rights litigation and argue that properly developed the engagement remedy can give poor people and their advocates an important and powerful enforcement tool.
Abstract: Three of the Constitutional Court's socio-economic rights decisions of the 2009 term are the culmination of a strong trend towards the proceduralisation of socio-economic rights that many commentators have argued fails to fulfil their original promise. This triumph of proceduralisation undeniably restricts the direct transformative potential of these rights. But there is another aspect to this trend - an aspect reflected in the Court's emphasis on participatory democracy and the ability of procedural remedies to democratise the rights-enforcement process. This article considers what the triumph of proceduralisation means for future social and economic rights litigation and argues that properly developed the engagement remedy can give poor people and their advocates an important and powerful enforcement tool. At the same time, engagement can help strengthen and promote consistent attention to the constitutional values these rights protect. Tapping this potential requires the Constitutional Court and lower courts to apply the remedy more consistently, to develop its requirements more fully and to apply those requirements robustly where government fails to engage meaningfully on social welfare policy. The courts are only the starting point, however. For engagement to truly succeed, government must develop comprehensive engagement policies and institutionalise those policies at all levels. Finally, civil society must expand its role beyond pressing for engagement in individual cases into advocating for such institutionalisation.

Journal ArticleDOI
TL;DR: A decades-long social justice struggle that eventually displaced white minority rule in South Africa culminated in democratic elections in 1994 as discussed by the authors, followed by a historic transition from authoritaria to democratic elections.
Abstract: A decades-long social justice struggle that eventually displaced white minority rule in South Africa culminated in democratic elections in 1994. Following this historic transition from authoritaria...

Journal ArticleDOI
TL;DR: In this paper, the authors analyse the legal obligations of African states under the African Charter on Human and Peoples' Rights directly to residents of third states in Africa in the realisation of such non-residents' human and peoples' rights guaranteed in the premier continental human rights instrument.
Abstract: This article analyses (the scope of) the legal obligations owed by African states under the African Charter on Human and Peoples' Rights directly to residents of third states in Africa in the realisation of such non-residents' human and peoples' rights guaranteed in the premier continental human rights instrument The central question is whether a state owes the quartet layers of obligations (to 'respect, protect, promote and fulfil') for the realisation of Charter-based guarantees only to those within its own borders or also to those beyond (in another state's territory) The article thus examines the question of to whom - only to those within or also to those outside a state's territory - the state's human rights obligations are owed and on whose behalf the obligations are to be fulfilled in the context of the African Charter In order to answer this question, the article analyses the corpus of the African Charter, related jurisprudence of the African Commission, and relevant international and regional human rights treaties and case law, which may be relied upon as 'inspirational sources' for the interpretation and application of the African Charter The article demonstrates that the African Charter allows wide latitude for the extraterritorial application of human and peoples' rights, state duties and the Charter-based remedies it enshrines

Journal ArticleDOI
TL;DR: Foresti et al. as mentioned in this paper proposed Two's Company, Three's A Crowd: Public Interest Intervention in INvestor-state Arbitration (Piero Foresti V South Africa) South African Journal on Human Rights: Vol. 27, No. 1, pp. 152-166.
Abstract: (2011). Two’s Company, Three’s A Crowd: Public Interest Intervention in INvestor-State Arbitration (Piero Foresti V South Africa) South African Journal on Human Rights: Vol. 27, No. 1, pp. 152-166.

Journal ArticleDOI
TL;DR: The SAJHR Special Issue as discussed by the authors aims to recover the impetus of a transformative constitutional project through attention, not to changes in the doctrine of the law, but rather to the organisational modes of human rights advocacy and litigation, focusing on one of these modes - public interest litigation.
Abstract: The Constitution of the Republic of South Africa, 1996 has been aptly termed a transformative one, a framework for the large-scale transformation of the South African society through law. Reflecting in 2011 on nearly two decades of legal reform in South Africa, much preceded by public interest litigation, we can conclude that many changes have indeed occurred to much (but not all) of the doctrine of the law. And yet, the desired societal transformation has not occurred. Levels of inequality are increasing and the effect, positive or negative, of governance remains debated. This SAJHR Special Issue aims to recover the impetus of a transformative constitutional project through attention, not to changes in the doctrine of the law, but rather to the organisational modes of human rights advocacy and litigation, focusing on one of these modes - public interest litigation.

Journal ArticleDOI
TL;DR: In this article, the authors discuss the problems that can arise from ill-drafted Bills in respect of the establishment of DNA databases; they indicate how these can impact on the human rights of individuals; and they comment on the limitations of the capabilities of a DNA intelligence database and suggest how errors in the implementation of the Bill can be adequately controlled.
Abstract: In February 2009 the Department of Justice and Constitutional Development introduced a Bill on the proposed National DNA Database (NDSSA). This Criminal Law (Forensic Procedures) Amendment Bill is the framework within which a DNA intelligence database for South Africa was to be established. On 4 November 2009 the relevant parliamentary portfolio committee decided to split the Bill viz to continue with the enactment of fingerprint amendments, but to refer the DNA sections back to the Minister of Justice and Constitutional Development to be re-worked. This article discusses the problems that can arise from ill-drafted Bills in respect of the establishment of DNA databases; it indicates how these can impact on the human rights of individuals; it comments on the limitations of the capabilities of a DNA intelligence database and suggests how errors in the implementation of the Bill can be adequately controlled. Issues that arise in drafting legislation for a South African DNA database for intelligence purposes are scrutinised in order to determine whether such a DNA database is indeed the panacea that many believe it would be; or whether it is just another aspect of the dangers associated with a panoptical or surveillance society. The article proposes a middle perspective that acknowledges the dangers inherent in establishing a DNA database, but which also acknowledges the eventual benefits.

Journal ArticleDOI
TL;DR: The emergence of influential multi-national corporations, some with larger turnover than the gross domestic product (GDP) of smaller nations, has shown us that this traditional approach increasingly falls short of realistic needs as discussed by the authors.
Abstract: Human rights traditionally protect individuals against the state. Governments are powerful entities, with legislative, executive and judicial force on their side. Human rights protect individual members of society against this government power. Companies, on the other hand, are separate, private legal entities. Within the traditional theoretical framework, they are not burdened with the same legal responsibilities of protecting and promoting human rights as governments. Unless performing a state function, they have no distinct place in public law. The emergence of influential multi-national corporations, some with larger turnovers than the gross domestic product (GDP) of smaller nations, has shown us that this traditional approach increasingly falls short of realistic needs.

Journal ArticleDOI
TL;DR: The Limpopo Traditional Leadership and Institutions Act as discussed by the authors provides for the imposition of traditional council rates, which are inconsistent with the Constitution and derive from colonial and apartheid laws and distortions, rather than from customary law per se.
Abstract: The imposition of 'tribal levies' was a flashpoint for the anti-Bantustan rebellions of the 1980s. Rural people objected to traditional leaders demanding excessive levies that were not adequately accounted for. The Constitution authorises only the three levels of government to tax, and circumscribes taxation power in various ways. Yet rural people report a resurgence of demands for tribal levies in all the former homelands, and in 2005, the Limpopo Traditional Leadership and Institutions Act provided for the imposition of 'traditional council rates'. This article describes the upsurge of tribal levies in the context of the ambiguity of recent laws and policy in respect of traditional leadership and tribal taxation. It argues that tribal levies are inconsistent with the Constitution and that they derive from colonial and apartheid laws and distortions, rather than from customary law per se. It focuses on Limpopo Province.

Journal ArticleDOI
TL;DR: The 2010 book Socio-economic Rights: Adjudication under a Transformative Constitution charts the history of the inclusion of socio-economic rights in the South African Bill of Rights as discussed by the authors.
Abstract: Finding ways to eradicate the dire poverty that afflicts South Africa is perhaps one of the most pressing challenges in the 21st century. Some regard this as a pure matter of policy, upon which economists, social scientists and politicians must decide. The Constitution of the Republic of South Africa, 1996, however, gives an important role to lawyers and judges in dealing with socio-economic deprivation by including justiciable socio-economic rights in the Bill of Rights. Determining the meaning, and appropriate role of the judiciary in their enforcement were matters that were hotly contested during the drafting of the South African Constitution. Those questions have continued to elicit academic and judicial engagement subsequent to the adoption of the final Constitution in 1996. Prof Sandra Liebenberg's 2010 book Socio-Economic Rights: Adjudication under a Transformative Constitution charts the history of the inclusion of these rights in the South African Bill of Rights. It engages with the key debates surrounding these rights and provides an approach as to how these should be resolved. It is clearly written, lucid and excellently researched. The book thus represents a significant contribution to the literature on socio-economic rights and it indeed demonstrates the accumulated knowledge and understanding gained through the author's impressive body of research in this field.

Journal ArticleDOI
TL;DR: The United States of America Declaration of Independence, 4 July 1776 as discussed by the authors states that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.
Abstract: When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation. We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed. That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security. The United States of America Declaration of Independence, 4 July 1776

Journal ArticleDOI
TL;DR: In the absence of such targeted legislation, however, courts should use existing procedural and substantive legal tools to protect litigants faced with strategic litigation against public participation (SLAPP suits).
Abstract: The constitutional project of South Africa depends on public interest litigation to ensure that rights in the Constitution are protected and fulfilled. The dialectic of promoting socioeconomic rights while concomitantly promoting other constitutional interests remains a big challenge. A case in point is the protection of environmental rights, which poses a greater challenge given the tension between development and environmental protection. Among other strategies, the environment can most effectively be protected through public interest environmental litigation supported by democratic participation in environmental decision-making. However, emerging threats to such litigation include strategic litigation against public participation (SLAPP suits). SLAPPs were first identified in the United States. In the US, particularly in California, targeted legislation has been used to deal with SLAPP suits and South Africa may have to consider taking this route to forestall this threat to public interest litigation. In the absence of such targeted legislation, however, courts should use existing procedural and substantive legal tools to protect litigants faced with SLAPP suits.

Journal Article
TL;DR: White and Perelman as discussed by the authors edited a collection on the topic of human rights activism in favour of socio-economic rights in Africa, which is the aim of many authors to create theoretically informed and empirically rich books on their topics.
Abstract: It is the aim of many authors (at least in the nonfiction realm) to create theoretically informed and empirically rich books on their topics. Lucie White and Jeremy Perelman have succeeded in doing so with their edited collection on the topic of human rights activism in favour of socio-economic rights in Africa.

Journal ArticleDOI
TL;DR: In this paper, the authors pointed out that despite its enduring prevalence, non-compliance has yet to form the basis of a criminal prosecution and pointed out the inadequacy of the current enforcement mechanism.
Abstract: The bulk of South Africa's current access to information regime emerged in 2001, when the Promotion of Access to Information Act 2 of 2000 (PAIA) came into force. Pursuant to this constitutionally-mandated legislation, both private and public bodies are now obliged to compile a manual providing basic organisational and archival information. The purpose of this reference tool is to facilitate the information request process and thereby empower individuals to exercise their right of access to information. The coming into force of the Judicial Matters Second Amendment Act of 2003 in March 2005 meant that public body information officers or heads of private bodies who failed to comply with manual-related duties would henceforth expose themselves to criminal sanctions. The uniquely coercive nature of these measures underscores the crucial role that information manuals play in implementing the vision of PAIA. The reality, however, is that despite its enduring prevalence, non-compliance has yet to form the basis of a criminal prosecution. This trend points to the inadequacy of the current enforcement mechanism.

Journal ArticleDOI
James Fowkes1
TL;DR: This article proposed a PIL model for South Africa, more modest than India's, but designed to be resistant to the problems India has experienced and to be a practical proposal that both the government and the judiciary could support.
Abstract: Indian Public Interest Litigation (PIL) is a creative and widely-noted model for broadening access to justice and facilitating the proper hearing of important issues even if they are not backed by resources. The model holds obvious appeal for South Africa, where these are pressing concerns. PIL has, however, enjoyed distinctly mixed success in India. This article draws on the model and the Indian experience of it to propose a PIL model for South Africa, more modest than India's, but designed to be resistant to the problems India has experienced and to be a practical proposal that both the government and the judiciary could support. The paper seeks to show how such a model can expand the number and diversity of people who can access the courts, improve the ability of the courts to remedy constitutional violations, and potentially bolster judicial status and independence.

Journal Article
TL;DR: The ineffectiveness of the criminal justice system in addressing family violence intensifies the subordination and helplessness of victims as mentioned in this paper and sends an unmistakable message to the whole of society that the daily trauma of vast numbers of women counts for little.
Abstract: The ineffectiveness of the criminal justice system in addressing family violence intensifies the subordination and helplessness of victims. This also sends an unmistakable message to the whole of society that the daily trauma of vast numbers of women counts for little.

Journal ArticleDOI
TL;DR: In this article, the authors argue that the reasonableness of state action and quality education in the language of one's choice is not addressed in the context of Afrikaans-only schools.
Abstract: In Ermelo the Constitutional Court determined that the HoD has the power to withdraw any function of a school governing body (SGB), including the function to determine the school's language policy, subject to the requirements of reasonableness and legitimacy of purpose. The Court held that an 'insular construction' of the SGB's obligation to determine an appropriate language policy for the school community would thwart the transformative design of the Constitution. The SGB must also consider the interests of the broader community and potential learners. This Court's decision seems to have sounded the death knell for undersubscribed Afrikaans-only schools. However, the Court chose to address only the structural issues of equality and fairness in the South African education context, but failed dismally to adjudicate the substantive issues of reasonableness of state action and quality education in the language of one's choice. As a result, the Court's reasoning and decision provides insufficient guidance to assist schools or the state to determine appropriate language policies for schools within the constitutional and concrete contextual factors. Single-medium schools are entitled to contest the reasonableness of state action by virtue of factors such as the value of mother-tongue education, the negative impact of language policy change on the quality of education, the countrywide pattern of unfair discrimination against Afrikaans schools, and importantly, the clear international policy that liberal democracies provide public mother tongue education for minorities.

Journal ArticleDOI
TL;DR: In this paper, Malan and Dyer argue that the term "other media" embraces the electronic media, such as radio and television, and the Constitution does not distinguish between the press and other media.
Abstract: Section 16 of the Constitution of the Republic of South Africa, 1996 entrenches the right to freedom of expression as a fundamental right. In particular, s 16(1) provides that everyone has the right to freedom of expression, including the freedom of the press and other media, as well as the freedom to receive or impart information. As Daniel Malan and Livia Dyer argue, 'the term "other media" embraces the electronic media, such as radio and television, and the Constitution does not distinguish between the press and other media'. Although no direct reference is made to the broadcast media, 'freedom of expression will have special relevance in the context of broadcasting'.