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This book sets out to assess the role and impact of socio-economic strategies used by civil society actors in South Africa. Focusing on a range of socio-economic rights and national trends in law and political economy, the book's authors show how socio-economic rights have influenced the development of civil society discourse and action.
Drawing on a wide range of interdisciplinary resources, this scholarly work provides an in-depth and thorough analysis of the socio-economic rights jurisprudence of the newly democratic South Africa. The book explores how the judicial interpretation and enforcement of socio-economic rights can be more responsive to the conditions of systemic poverty and inequality characterising South African society. Based on meticulous research, the work marries legal analysis with perspectives from political philosophy and democratic theory.
Evaluates the successes and failures of the 1996 South African Constitution following the twentieth anniversary of its enactment.
Captures significant transformations in the theory and practice of economic and social rights in constitutional and human rights law.
Litigating Socio-Economic Rights in South Africa: A choice between corrective and distributive justiceby Christopher Mbazira2009ISBN: 978-0-9814124-7-4Pages: viii 273Print version: AvailableElectronic version: Free PDF available.
Constitutional Deference, Courts and Socio-Economic Rights in South Africaby Kirsty McLean2009ISBN: 978-0-9814124-8-1Pages: viii 246Print version: AvailableElectronic version: Free PDF available.
In-depth account of the Marikana massacre, based on the voices of the miners and their families themselves, from the build up to the strike to attempts to hold the state to account and its lasting significance. In August 2012 the South African police - at the encouragement of mining capital, and with the support of the political state - intervened to end a week-long strike at the Lonmin platinum mine in Marikana, in South Africa's NorthWest Province. On the afternoon of Thursday, 16 August, the police shot and killed 34 men. Hundreds more were injured, some shot as they fled. None posed a threat to any police officer. Recognised by many as an event of international significance in stories of global politics and labour relations, the perspectives of the miners has however been almost missing from published accounts. This book, for the first time, brings into focus the mens' lives - and deaths - telling the stories of those who embarked on the strike, those who were killed, and of the family members who have survived to fight for the memories of their loved ones. It places the strike in the context of South Africa's long history of racial and economic exclusion, explaining how the miners came to be in Marikana, how their lives were ordinarily lived, and the substance of their complaints. It shows how the strike developed from an initial gathering into a mass movement of more than 3,000 workers. It discusses the violence of the strike and explores the political context of the state's response, and the eagerness of the police to collaborate in suppressing the strike. Recounting the events of the massacre in unprecedented detail, the book sets out how each miner died and everything we know about the police operation. Finally, Brown traces the aftermath: the attempts of the families of the deceased to identify and bury their dead, and then the state's attempts to spin a narrative that placed all blame on the miners; the subsequent Commission of Inquiry - and its failure to resolve any real issues; and the solidarity politics that have emerged since. Southern Africa (South Africa, Namibia, Lesotho, Swaziland and Botswana): Jacana.
With a new and comprehensive account of the South African Constitutional Court's social rights decisions, Brian Ray argues that the Court's procedural enforcement approach has had significant but underappreciated effects on law and policy, and challenges the view that a stronger substantive standard of review is necessary to realize these rights. Drawing connections between the Court's widely acclaimed early decisions and the more recent second-wave cases, Ray explains that the Court has responded to the democratic legitimacy and institutional competence concerns that consistently constrain it by developing doctrines and remedial techniques that enable activists, civil society and local communities to press directly for rights-protective policies through structured, court-managed engagement processes. Engaging with Social Rights shows how those tools could be developed to make state institutions responsive to the needs of poor communities by giving those communities and their advocates consistent access to policy-making and planning processes.