Constitutionalism and Transitional Justice in South Africa


Book Description

Over the last fifteen years, the South African postapartheid Transitional Amnesty Process – implemented by the Truth and Reconciliation Commission (TRC) – has been extensively analyzed by scholars and commentators from around the world and from almost every discipline of human sciences. Lawyers, historians, anthropologists and sociologists as well as political scientists have tried to understand, describe and comment on the ‘shocking’ South African political decision to give amnesty to all who fully disclosed their politically motivated crimes committed during the apartheid era. Investigating the postapartheid transition in South Africa from a multidisciplinary perspective involving constitutional law, criminal law, history and political science, this book explores the overlapping of the postapartheid constitution-making process and the Amnesty Process for political violence under apartheid and shows that both processes represent important innovations in terms of constitutional law and transitional justice systems. Both processes contain mechanisms that encourage the constitution of the unity of the political body while ensuring future solidity and stability. From this perspective, the book deals with the importance of several concepts such as truth about the past, publicly shared memory, unity of the political body and public confession.




The Colonial Legacy in France


Book Description

Debates about the legacy of colonialism in France are not new, but they have taken on new urgency in the wake of recent terrorist attacks. Responding to acts of religious and racial violence in 2005, 2010, and 2015 and beyond, the essays in this volume pit French ideals against government-sponsored revisionist decrees that have exacerbated tensions, complicated the process of establishing and recording national memory, and triggered divisive debates on what it means to identify as French. As they document the checkered legacy of French colonialism, the contributors raise questions about France and the contemporary role of Islam, the banlieues, immigration, race, history, pedagogy, and the future of the Republic. This innovative volume reconsiders the cultural, economic, political, and social realities facing global French citizens today and includes contributions by Achille Mbembe, Benjamin Stora, Françoise Vergès, Alec Hargreaves, Elsa Dorlin, and Alain Mabanckou, among others.




The Terrorist Album


Book Description

An award-winning historian and journalist tells the very human story of apartheid’s afterlife, tracing the fates of South African insurgents, collaborators, and the security police through the tale of the clandestine photo album used to target apartheid’s enemies. From the 1960s until the early 1990s, the South African security police and counterinsurgency units collected over 7,000 photographs of apartheid’s enemies. The political rogue’s gallery was known as the “terrorist album,” copies of which were distributed covertly to police stations throughout the country. Many who appeared in the album were targeted for surveillance. Sometimes the security police tried to turn them; sometimes the goal was elimination. All of the albums were ordered destroyed when apartheid’s violent collapse began. But three copies survived the memory purge. With full access to one of these surviving albums, award-winning South African historian and journalist Jacob Dlamini investigates the story behind these images: their origins, how they were used, and the lives they changed. Extensive interviews with former targets and their family members testify to the brutal and often careless work of the police. Although the police certainly hunted down resisters, the terrorist album also contains mug shots of bystanders and even regime supporters. Their inclusion is a stark reminder that apartheid’s guardians were not the efficient, if morally compromised, law enforcers of legend but rather blundering agents of racial panic. With particular attentiveness to the afterlife of apartheid, Dlamini uncovers the stories of former insurgents disenchanted with today’s South Africa, former collaborators seeking forgiveness, and former security police reinventing themselves as South Africa’s newest export: “security consultants” serving as mercenaries for Western nations and multinational corporations. The Terrorist Album is a brilliant evocation of apartheid’s tragic caprice, ultimate failure, and grim legacy.




Knowledge in the Blood


Book Description

Discusses how white South African students learn and confront their Apartheid past, and explores how this knowledge transforms both the students and the author, the first black dean of an historically white university.




Law and the Politics of Reconciliation


Book Description

This collection of essays by an international group of authors explores the ways in which law and legal institutions are used in countries coming to terms with traumatic pasts and, in some cases, traumatic presents. In putting to question what is often taken for granted in uncritical calls for reconciliation, it critically analyses and frequently challenges the political and legal assumptions underlying discourses of reconciliation. Drawing on a broad spectrum of disciplinary and interdisciplinary insights the authors examine how competing conceptions of law, time, and politics are deployed in social transformations and how pressing demands for reconstruction, reconciliation, and justice inform and respond to legal categories and their use of time. The book is genuinely interdisciplinary, drawing on work in politics, philosophy, theology, sociology and law. It will appeal to a wide audience of researchers and academics working in these areas.




The Politics of Truth and Reconciliation in South Africa


Book Description

The South African Truth and Reconciliation Commission (TRC) was set up to deal with the human rights violations of apartheid. However, the TRC's restorative justice approach did not always serve the needs of communities at a local level. Based on extended anthropological fieldwork, this book illustrates the impact of the TRC in urban African communities in Johannesburg. It argues that the TRC had little effect on popular ideas of justice as retribution. This provocative study deepens our understanding of post-apartheid South Africa and the use of human rights discourse.




The Limits of Transition: The South African Truth and Reconciliation Commission 20 Years on


Book Description

The South African Truth and Reconciliation Commission was a noble attempt to begin to address the continuing traumatic legacy of Apartheid. This interdisciplinary collection critiques the work of the TRC 20 years since its establishment. Taking the paralysing political and social crises of the mid-1990s in South Africa as starting point, the book contains a collection of responses to the TRC that considers the notions of crisis, judgment and social justice. It asks whether the current political and social crises in South Africa are linked to the country’s post-apartheid transitional mechanisms, specifically, the TRC. The fact that the material conditions of the lives of many Apartheid victims have not improved, forms a major theme of the book. Collectively, the book considers the ‘unfinished business’ of the TRC.




The Politics of Governance


Book Description

How do government arrangements emerge? When and how does individual agency turn into collective agency? How do sensory experiences of violence, instability, etc affect the configuration of governance arrangements? When, why, and how are governance arrangements institutionalized? This book seeks to contribute to a non-normative conceptualization of the emergence and transformation of government arrangements, and addresses the under-theorization of actors and agency in conventional governance theories. The editors and contributors theorize the concept of governance more concretely by analyzing the key actors and arrangements that define states of governance across different places and by examining its performance and development in particular settings and time periods. Each contribution to the edited volume is based on a case-study drawn from Africa, though the book argues that the core issues identified remain the same across the world, though in different empirical contexts. The contributions also range across key disciplines, from anthropology to sociology to political science. This ground-breaking volume addresses governance arrangements, discusses how social actors form such arrangements, and concludes by synthesizing an actor-centered understanding of political articulation to a general theory of governance. Scholars across disciplines such as political science, development studies, African studies, and sociology will find the book insightful.




Lola’s War


Book Description

This longitudinal study is based on the story of Lola, who was gang raped during the war in Bosnia and Herzegovina in 1992. At the time, she was in a detention camp with her young children. Only one of Lola’s several perpetrators was convicted but his sentence of six years of imprisonment has never been actioned by the Bosnian judiciary. Lola’s rapist is still free and she lives in continual fear that he will retaliate against her and her children for her role in his trial.




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