Agency in South Africa: Mapping its defining characteristics

Acta Juridica ◽  
2021 ◽  
Vol 2021 ◽  
pp. 243-274
Author(s):  
G Glover

This article draws on contemporary trends in Anglo-American jurisdictions to propose a modernised analytical framework for agency law in South Africa. It first investigates the juridical basis of agency law, finding that the consensus is to see agency as a complex phenomenon that synthesises both internal consent and external power/liability models. Secondly, the article proposes certain essential conceptual features of agency, briefly discusses these features, and argues, with reference to comparative authority, how adopting these might facilitate a more complete understanding of agency in South Africa.

2020 ◽  
Vol 17 (3) ◽  
pp. 433-444
Author(s):  
Amanuel Isak Tewolde

Many scholars and South African politicians characterize the widespread anti-foreigner sentiment and violence in South Africa as dislike against migrants and refugees of African origin which they named ‘Afro-phobia’. Drawing on online newspaper reports and academic sources, this paper rejects the Afro-phobia thesis and argues that other non-African migrants such as Asians (Pakistanis, Indians, Bangladeshis and Chinese) are also on the receiving end of xenophobia in post-apartheid South Africa. I contend that any ‘outsider’ (White, Asian or Black African) who lives and trades in South African townships and informal settlements is scapegoated and attacked. I term this phenomenon ‘colour-blind xenophobia’. By proposing this analytical framework and integrating two theoretical perspectives — proximity-based ‘Realistic Conflict Theory (RCT)’ and Neocosmos’ exclusivist citizenship model — I contend that xenophobia in South Africa targets those who are in close proximity to disadvantaged Black South Africans and who are deemed outsiders (e.g., Asian, African even White residents and traders) and reject arguments that describe xenophobia in South Africa as targeting Black African refugees and migrants.


2017 ◽  
Vol 33 (4) ◽  
pp. 428-447 ◽  
Author(s):  
Olusola Ogunnubi ◽  
Adeoye Akinola

This article examines the viability of mainstream neo-realist international relations scholarship for understanding regional power dynamics within Africa by offering a critical evaluation of the categorization of South Africa as a hegemonic power on the continent. Using the theoretical framework of hegemonic stability theory, it argues that there is a somewhat weak link between South Africa’s foreign policy character and its hegemonic disposition in Africa. The South African state, which is the driving force for political, economic and foreign policy processes, is itself subordinate in relation to international capital and lacks the influence expected of a regional hegemon. Despite South Africa’s development, the article demonstrates that its dependency provides the theoretical construct for understanding the country’s ambiguous hegemonic projection. This analytical framework captures the crux of the “hegemonic debate” as well as other conversations in relation to the adaptation of the concept of hegemony to Africa. Therefore, any application of the hegemonic discourse to South Africa necessarily requires a deeper understanding that takes cognizance of the fact that country’s regional hegemony operates within the orbit of a dependent-development paradigm in the global economic order, a neo-liberal order that continues to deepen Africa’s dependency syndrome. Dependency, as well as other complexities, impedes the reality of South Africa’s hegemonic ambitions in Africa.


2021 ◽  
pp. 46-65
Author(s):  
Bill Freund ◽  
Vishnu Padayachee

This chapter addresses the unfolding economic history of South Africa in the apartheid era (1948–94). The chapter is organized according to a periodization with 1971–73 as a marker of the break, and along specific thematic lines. These include a discussion of the way in which this history has been studied and through what theoretical lenses, before engaging with the main issues, including the impact of Afrikaner nationalism on economic growth, the way in which the minerals energy sector, which dominated early perspectives of South African economic history and perspectives, is impacted in this era of National Party rule. An analysis of the role of one major corporation (Anglo American Corporation) in shaping this economic history is followed by an assessment of the impact of the global and local crisis after c.1970 on the South African economy. An abiding theme is that of race and economic development and the way in which the impact of this key relationship of apartheid South Africa on economic growth has been studied.


2015 ◽  
Vol 52 (4) ◽  
pp. 444-457
Author(s):  
Corinne Meier ◽  
Eleanor Lemmer ◽  
Demet Gören Niron

The benefits of early childhood development (ECD) programmes are strongly supported by evidence of reduced school dropout and repetition rates. However, the literature on ECD is primarily grounded in research based in the United States (US); in the light of this gap in the literature, this paper provides a comparative overview of ECD policy and practice from outside of the US, namely in South Africa and Turkey. As a theoretical framework the paper has followed the World Bank’s Systems Approach for Better Education Results (SABER)-ECD Analytical Framework. Findings indicate that both countries have established an enabling policy environment for ECD but implementation and the setting of and compliance to standards for quality is still emerging, in spite of massive strides made in this field during the past fifteen years.


2003 ◽  
Vol 41 (4) ◽  
pp. 555-586 ◽  
Author(s):  
Hege M. Knutsen

The article addresses possibilities and barriers to economic activity and development in the Oshana region of Northern Namibia. The focus is on the role of local embeddedness of economic activities in attaining economic development. A network perspective, based on theories of value chains that are embedded both in social relations and spatially, is selected as the analytical framework. The value chains of local black entrepreneurs in the study area are short. Moreover, the analysis reveals that social obligations may impede economic development, but that such practices are diminishing. The economic dominance and competition from South Africa is the main impediment to economic development in Northern Namibia. Local political embeddedness is shallow and political measures have not significantly reduced the implications of this dominance.


2011 ◽  
Vol 15 (4) ◽  
pp. 427-443 ◽  
Author(s):  
Gail Super

This paper analyses official discourse about punishment in South Africa, from 1976 to 2004. It frames punishment as a form of governance which is both connected to, and separate from, the Anglo/American/European examples that are generally referred to in the literature. The shift from corporal and capital punishment to the use of long-term imprisonment is discussed within a framework that emphasizes how both the apartheid and post-apartheid state explained and attempted to justify punishment policies during times of great upheaval and change. Penality under apartheid was a complex entity, and the punishment regime under the Nationalist Party government was starting to reform during the period analyzed. This liberalization was accompanied by a lengthening of terms of imprisonment, a trend that has continued in the ‘new’ South Africa. The prison in post-apartheid South Africa speaks to both humanism and punitivism. This duality has contributed to its enduring nature and endless capacity to reform.


2019 ◽  
Vol 10 (2) ◽  
Author(s):  
Carin Runciman

On 1 January 2019 amendments to the Labour Relations Act came into force that significantly altered and curtailed the right to protected strike action in South Africa. Internationally, the right to strike has been eroded in recent years with many countries adopting legal provisions that violate the International Labour Organization’s principles. Comparatively, the rights of South African workers to go on protected strikes remain better than many other places in the world, a reflection of the militant history of the South African labour movement. But the erosion of these rights, with the active support of the Congress of South African Trade Unions, should be a cause for concern for activists and labour scholars in South Africa and beyond. This article develops the Power Resources Approach to consider how union institutional power has entrenched neo-liberalism in South Africa. Grounding the analysis of institutional power within the analytical framework of corporatism allows this article to develop an analysis of institutional power that is attentive to class forces. This provides an avenue for understanding the “double-edged sword” of institutional power in the South African context in order to comprehend when and under what circumstances trade unions advance and defend the interests of the working class and when they defend those of capital.  KEY WORDS: labour; neo-liberalism; institutional power; corporatism; South Africa


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