ArticlesMediaTransitional JusticeSouth Africa Cannot Afford the Culture of SecrecyIn asserting that public access to government-held information was essential to accountable processes of democratic rule, a United States Judge, Louis Brandeis, once said: "Sunlight is said to be the best of disinfectants; electric light the best policeman." Despite recognising that there are times when, in the interests of privacy or state security, such information might be withheld from the… Read More CSVRDecember 10, 2003
ArticlesMediaPolicingRaising the Bar? New Lethal Force Law May Set Standards Even Higher than the ConstitutionAfter a prolonged delay the amendment to Section 49 of the Criminal Procedure Act, the law regulating the use of lethal force for arrest, was brought into operation on 18 July, almost 5 years after being passed by Parliament in October 1998. Considering that many have mistakenly assumed that the law denies people the right to self defence it is… Read More CSVRSeptember 17, 2003
ArticlesMediaVigilantismVigilantes Push Us Further from JusticeOver the past months newspapers have frequently featured stories and disturbing front-page photos of violent vigilante attacks. The ongoing coverage of these acts has lent the impression that we are experiencing in South Africa a sudden increase in 'mob justice'; an increase that is perpetuated by a frustration with the criminal justice system. Whilst the stories of vigilantism profiled by… Read More CSVRJuly 1, 2003
ArticlesMediaPolicingResolving Legal Grey Area on Use of Lethal Force EssentialIn a country whose Constitution protects the right to life it would appear reasonable that the law should deal in clear terms with the taking of such life. Yesterday (Wednesday 21 May 2003) marked a year since the Constitutional Court gave judgement in S v Walters, thereby clarifying the implications of the Constitution for the legal framework on the use… Read More CSVRMay 22, 2003
ArticlesMediaTransitional JusticeLittle Joy, No Rainbow, Victimised AgainAfter lobbying around the issue of reparations for the past seven years, civil society found little to rejoice about in President Mbeki's speech to Parliament this week. Rather than use the opportunity to step closer to the unified rainbow nation visualized in the TRC process, the government appeared more eager to reassure the business community than deal with survivors' needs… Read More CSVRApril 1, 2003
ArticlesMediaRacism, Transitional JusticeLaw Offers Hope in Fight against RacismUnlike their apartheid predecessors, racist incidents can be tackled through the law that offers protection from prejudice. At a time when racist incidents rarely make the news unless they are extremely violent or highly politicised, Xolela Mangcu reminds readers that 'ordinary' everyday racism still exists in South Africa. His article, Racist nailed as she harks back to old SA on… Read More CSVRJanuary 12, 2003
