B.C. Mubangizi

Poverty, human rights law and socio-economic realities in South Africa†

South Africa is a nation of immense variety. It has rich cultural diversity, an enviable climate and an abundance of natural resources. However, it is also a nation with vast economic disparities and a highly unequal distribution of income. Hence, in spite of abundant resources and a seemingly vibrant economy, South Africa still faces an enormous poverty problem that is fundamentally no different from that of other African countries. As in many other African countries this problem of poverty is compounded by the HIV/AIDS pandemic; by high levels of unemployment; by low levels of education; and by a number of other factors. Today, South Africa has one of the best constitutions in the world and a Bill of Rights that contains an array of justiciable socio-economic rights. The South African government has also attempted to alleviate poverty and mitigate its effects through progressively developing and expanding a social welfare system and other programmes such as the Reconstruction and Development Programme (RDP) and the Growth, Employment and Redistribution (GEAR) strategy. The purpose of this article is to analyse the role of human rights (specifically the Bill of Rights in the Constitution) and government efforts to alleviate poverty (through certain programmes and service delivery) in the face of adverse socio-economic realities in South Africa. † The research findings discussed in this article are part of a larger research project, funded by the South African National Research Foundation (NRF). The aim of the project was to determine the level of public awareness and perceptions regarding human rights protection in South Africa. An earlier version of this article was presented as a paper at the Law and Poverty Workshop organised by the Comparative Research Programme on Poverty (CROP) and the Social Science Academy of Nigeria, held in Abuja, Nigeria, 24–26 November 2003.

Migration and Public Service Delivery: The Status Quo and Policy Responses in Sending and Receiving Countries

Migration has significant effects on public service delivery both in sending countries and in receiving countries. This contribution explores the effect of migration on public service delivery from both ends of the spectrum. It explores specific challenges in the public service sector of both sending and receiving countries. The discussion also focuses on the need to better manage the interface between migration and public service delivery through, amongst other things, better policy responses and further research. This chapter also shows that both emigration and immigration have a great impact on service delivery in the region and beyond. Whilst national level policies were expected to be effective in reducing the rate of emigration from sub-Saharan Africa, domestic conditions were not adequately matched along global trends. The implication of this is that domestic conditions have to be approached from the global perspectives on migration. Whilst the consortium for refugees and migrants in South Africa advocates for a paradigm shift in the policy framework—from controlling to managing, this chapter embraces a trade-off between domestic policy frameworks on migration and attitudes to migrants as a necessary step to correcting some of the existing challenges in both sending and receiving countries.

The experience of using the 'newsflash approach' to democratise teaching, learning and assessment at a South African university

In this article, the use of print media in university curricula is considered, in order to help theorise our practice in higher education in South Africa and elsewhere. Furthermore, the potential contribution of such media to the kind of education to which we aspire, is interrogated. Our reflections are based on an assessment of the use of different media (hard copy or web-based content of newspaper articles) in a third-year community development module, at a large contact university in South Africa, over a five-year period. The module focused not on academic literacies per se, but on disciplinary content, work-related skills, and the development of critical thinkers and citizens. We considered Blooms (1956, amended) taxonomy of learning objectives and activity theory to structure our reflection. It is concluded that the use of popular media can add value to the class learning experience, although there are notable concomitant challenges, which are discussed.

Public Participation in South Africa: Is Intervention by the Courts the Answer?

Abstract This paper examines the implications on public participation of the Supreme Court’s ruling against eThekwini Municipality for not following procedures in renaming streets in South Africa, reviews other similar cases, and highlights the need to adhere to legislative and policy provisions in nurturing public participation relating to decisions affecting the citizens. A brief historical background on participation is provided, and Arnstein’s pioneering analysis of levels of participation, is drawn into the discussion. Public participation is discussed by referring to relevant legislation and policies, whilst reflecting on participation processes, opportunities and challenges. The problem investigated is the increasing involvement of the courts in enforcing correct public participation procedures, which are well known. The methodology is based on a reflection on two the Matatiele and Merafong demarcation cases that the courts upheld. While the salience of legislation and the courts in cultivating a public participation ethos seems relevant, it is concluded that the courts need not enforce public participation -because such enforcement denigrates the notion of communal and collaborative effort in decision-making. It is recommended that community participation practices be cultivated through concerted promotion of democratic processes which are commensurate with existing policy and legislation - rather than resorting to the courts.