The impact of violence during strike action on protected strikes
- Authors: Mbeleni, Xolani McGlory
- Date: 2017
- Subjects: Strikes and lockouts -- Law and legislation -- South Africa Industrial relations -- South Africa , Violence -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: http://hdl.handle.net/10948/45410 , vital:38614
- Description: This research has five important objectives. First, to outline the legal frame work regulating the right to strike. Outlining this legal framework is important in that it will provide an understanding of both the right to strike and the concept of a protected strike. it is crucial to understand what a protected strike is because the concept underlies the entire research. Without understanding it, it will be impossible to answer the main research question. Second, to investigate the causes of violence during protected strikes. An examination of the causes of violence enables the study to suggest possible solutions to end violent strike action in future. After all the LRA envisages in section 1, labour peace and an effective resolution of disputes. Third, to examine how the LRA regulates the use of violence during protected strikes. An understanding of how the LRA regulates violent strike action is important since the LRA is an important piece of legislation which governs South African labour relations. It is important to obtain guidance on how the law regulates such conduct. Fourth, to ascertain the courts’ approach towards violence during strikes The courts’ approach helps us understand how the courts will deal with strike violence during 5 protected strikes. It is also noteworthy that case precedents in this regard will be of importance when faced with similar acts of violence during strike action. Fifth, to examine the legal implications of violence during protected strikes. This objective directly answers the main research question and this will enable the study to offer possible recommendations in the final chapter of this study.
- Full Text:
- Date Issued: 2017
- Authors: Mbeleni, Xolani McGlory
- Date: 2017
- Subjects: Strikes and lockouts -- Law and legislation -- South Africa Industrial relations -- South Africa , Violence -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: http://hdl.handle.net/10948/45410 , vital:38614
- Description: This research has five important objectives. First, to outline the legal frame work regulating the right to strike. Outlining this legal framework is important in that it will provide an understanding of both the right to strike and the concept of a protected strike. it is crucial to understand what a protected strike is because the concept underlies the entire research. Without understanding it, it will be impossible to answer the main research question. Second, to investigate the causes of violence during protected strikes. An examination of the causes of violence enables the study to suggest possible solutions to end violent strike action in future. After all the LRA envisages in section 1, labour peace and an effective resolution of disputes. Third, to examine how the LRA regulates the use of violence during protected strikes. An understanding of how the LRA regulates violent strike action is important since the LRA is an important piece of legislation which governs South African labour relations. It is important to obtain guidance on how the law regulates such conduct. Fourth, to ascertain the courts’ approach towards violence during strikes The courts’ approach helps us understand how the courts will deal with strike violence during 5 protected strikes. It is also noteworthy that case precedents in this regard will be of importance when faced with similar acts of violence during strike action. Fifth, to examine the legal implications of violence during protected strikes. This objective directly answers the main research question and this will enable the study to offer possible recommendations in the final chapter of this study.
- Full Text:
- Date Issued: 2017
Crime, violence and apartheid in selected works of Richard Wright and Athol Fugard: a study
- Authors: Makombe, Rodwell
- Date: 2011
- Subjects: Apartheid in literature , Politics and literature -- South Africa , Race discrimination -- South Africa , Crime -- South Africa , Violence -- South Africa
- Language: English
- Type: Thesis , Doctoral , DLitt et Phil (English)
- Identifier: vital:11888 , http://hdl.handle.net/10353/525 , Apartheid in literature , Politics and literature -- South Africa , Race discrimination -- South Africa , Crime -- South Africa , Violence -- South Africa
- Description: Different forms of racial segregation have been practiced in different countries the world over. However, the nature of South Africa‟s apartheid system, as it was practiced from 1948 until the dawn of the democratic dispensation in 1994, has been a subject of debate in South Africa and even beyond. Apartheid was a policy that was designed by the then ruling Nationalist Party for purposes of dividing and stratifying South Africa along racial lines - whites, blacks, coloureds and Asians. It thus promoted racial segregation and/or unequal stratification of society. In South Africa‟s hierarchy of apartheid, blacks, who constituted the majority of the population, were ironically the most destitute and segregated. Some historians believe that South Africa‟s racial policy was designed against the backdrop of Jim Crow, a similar system of racial discrimination which was instituted in the American South late in the 1890s through the 20th century. Jim Crow and apartheid are, in this study, considered as sides of the same coin; hence for the sake of convenience, the word apartheid is used to subsume Jim Crow. Although South Africa‟s apartheid system was influenced by different ideologies, for example German missiology as applied by the Dutch Reformed Church, historian Hermann Giliomee (2003: 373) insists that „the segregationist practice of the American South was particularly influential.‟ Given the ideological relationship between apartheid and Jim Crow, the present study investigates the interplay of compatibility between apartheid/Jim Crow and crime and violence as reflected in selected works of Richard Wright (African American novelist) and Athol Fugard (South African playwright). The aim of the study is firstly, to examine the works in order to analyse them as responses to apartheid and by extension colonial domination and secondly to investigate crime and violence. The three criminological theories selected for this study are strain theory (by Robert Merton), subculture theory (Edwin Sutherland) and labelling theory (Howard Becker). While criminological theory provides an empirical dimension to the study, postcolonial theory situates the study within a specified space, which is the postcolonial context. The postcolonial is, however understood, not as a demarcated historical space, but as a continuum, from the dawn of colonization to the unforeseeable future. Three postcolonial theorists have been identified for the purposes of this study. These are: Frantz Fanon, Homi Bhabha and Bill Ashcroft. Fanon‟s psychoanalysis of the colonized, Homi Bhabha‟s Third Space and hybridity as well as Ashcroft‟s postcolonial transformation are key concepts in understanding the different ways in which the colonized deal with the consequences of colonization. It has been suggested particularly in Edward Said‟s Orientalism (1978) that the discourse of orientalism creates the Oriental, as if Orientals were a passive object of the colonial adventure. This study uses Bhabha‟s and Ashcroft‟s theory of colonial discourse to argue that the colonized are not only objects of the colonial enterprise but also active participants in the process of opening survival spaces for self-realization. The various criminal activities that the colonized engage in (as represented in the selected works of Richard Wright and Athol Fugard) are in this study viewed as ways of inscribing their subjectivity within an exclusive colonial system.
- Full Text:
- Date Issued: 2011
- Authors: Makombe, Rodwell
- Date: 2011
- Subjects: Apartheid in literature , Politics and literature -- South Africa , Race discrimination -- South Africa , Crime -- South Africa , Violence -- South Africa
- Language: English
- Type: Thesis , Doctoral , DLitt et Phil (English)
- Identifier: vital:11888 , http://hdl.handle.net/10353/525 , Apartheid in literature , Politics and literature -- South Africa , Race discrimination -- South Africa , Crime -- South Africa , Violence -- South Africa
- Description: Different forms of racial segregation have been practiced in different countries the world over. However, the nature of South Africa‟s apartheid system, as it was practiced from 1948 until the dawn of the democratic dispensation in 1994, has been a subject of debate in South Africa and even beyond. Apartheid was a policy that was designed by the then ruling Nationalist Party for purposes of dividing and stratifying South Africa along racial lines - whites, blacks, coloureds and Asians. It thus promoted racial segregation and/or unequal stratification of society. In South Africa‟s hierarchy of apartheid, blacks, who constituted the majority of the population, were ironically the most destitute and segregated. Some historians believe that South Africa‟s racial policy was designed against the backdrop of Jim Crow, a similar system of racial discrimination which was instituted in the American South late in the 1890s through the 20th century. Jim Crow and apartheid are, in this study, considered as sides of the same coin; hence for the sake of convenience, the word apartheid is used to subsume Jim Crow. Although South Africa‟s apartheid system was influenced by different ideologies, for example German missiology as applied by the Dutch Reformed Church, historian Hermann Giliomee (2003: 373) insists that „the segregationist practice of the American South was particularly influential.‟ Given the ideological relationship between apartheid and Jim Crow, the present study investigates the interplay of compatibility between apartheid/Jim Crow and crime and violence as reflected in selected works of Richard Wright (African American novelist) and Athol Fugard (South African playwright). The aim of the study is firstly, to examine the works in order to analyse them as responses to apartheid and by extension colonial domination and secondly to investigate crime and violence. The three criminological theories selected for this study are strain theory (by Robert Merton), subculture theory (Edwin Sutherland) and labelling theory (Howard Becker). While criminological theory provides an empirical dimension to the study, postcolonial theory situates the study within a specified space, which is the postcolonial context. The postcolonial is, however understood, not as a demarcated historical space, but as a continuum, from the dawn of colonization to the unforeseeable future. Three postcolonial theorists have been identified for the purposes of this study. These are: Frantz Fanon, Homi Bhabha and Bill Ashcroft. Fanon‟s psychoanalysis of the colonized, Homi Bhabha‟s Third Space and hybridity as well as Ashcroft‟s postcolonial transformation are key concepts in understanding the different ways in which the colonized deal with the consequences of colonization. It has been suggested particularly in Edward Said‟s Orientalism (1978) that the discourse of orientalism creates the Oriental, as if Orientals were a passive object of the colonial adventure. This study uses Bhabha‟s and Ashcroft‟s theory of colonial discourse to argue that the colonized are not only objects of the colonial enterprise but also active participants in the process of opening survival spaces for self-realization. The various criminal activities that the colonized engage in (as represented in the selected works of Richard Wright and Athol Fugard) are in this study viewed as ways of inscribing their subjectivity within an exclusive colonial system.
- Full Text:
- Date Issued: 2011
A brutal harvest: The roots and legitimation of violence on farms in South Africa
- Authors: Segal, Lauren
- Date: 1990?
- Subjects: Agricultural laborers -- South Africa -- Social aspects , Child agricultural laborers -- South Africa , Farms -- South Africa , Violence -- South Africa , Forced migration -- South Africa , South Africa -- Race relations
- Language: English
- Type: text , book
- Identifier: http://hdl.handle.net/10962/65551 , vital:28809
- Description: Extensive evidence of atrocities committed against black workers on white-owned farms has consistently been uncovered by progressive organisations working in the rural areas in South Africa. The evidence suggests the need for a thorough and systematic investigation of the nature and extent of violence on the farms, as well as a more systematic exposure of the findings. For the most part, the personality of rural South Africa remains a mystery to urban dwellers. The Black Sash and its rural project, the Transvaal Rural Action Committee (TRAC), approached the Project for the Study of Violence to undertake this research and this report was first presented at the Project's seminar programme at the University of the Witwatersrand. Its findings have provoked strong responses from the farming sector. Kobus Kleyhans, the Deputy Director, General Services of the South African Agricultural Union (SAAU), was quoted in The Star as saying, ‘According to my observations, the situation (on the farms) is quite different. I reject these findings with contempt; they are nothing near the real situation... I will not deny, that some farmers do not treat their workers as they should, but this sort of information is not representative’. (The Star; October 1990) In reply, it should be emphasised that firstly, while this study was conducted only in the South Eastern Transvaal, the case studies in this report are not isolated incidents but were selected out of a large range of similar occurrences in the area. Secondly, rural advice offices in the Western and Northern Transvaal, have reported similar cases of violent abuse of labourers on white owned farms in their areas. Although the specific contours of the communities in these regions have not been investigated, some of the case studies directly corroborate the findings of this report. The timing of this report is opportune as it coincides with President De Klerk’s announcement that the Land Acts of 1913 and 1936 are to be abolished. These Acts have been pivotal in forging and determining the violent and exploitative relations on the land. The announcement is therefore welcomed as a significant step towards creating the conditions for changing the balance of power on the land. At the same time, this report serves as a warning against the belief that the scrapping of the Land Acts will put an end to the varying forms of violence on the farms. Just as repealing these laws will not necessarily ensure equitable redistribution of the land in South Africa, so too do they not necessarily signal a move towards more equitable labour relations on white farms. This report makes this clear in three ways. Firstly, the racist attitudes and convictions of many white farmers is shown to underpin much of the violence on the farms. These attitudes will prevail well after the scrapping of the Acts. A reversal of these attitudes will only take place after a lengthy educative process undertaken by groups such as the local churches, the South African Agricultural Union, the Rural Foundation etc. Secondly, it is the very fear of white farmers and their increasingly vulnerable position, that has contributed to a growing pattern of abusive behaviour against farmworkers. The strength of the opposition of hundreds of white farmers to the scrapping of the Land Acts was demonstrated in their march on the union buildings just after the announcement was made. Thirdly, the networks that have contributed - directly and indirectly - to the violence on the farms, such as the courts and police, are still firmly entrenched in the rural areas. For these reasons, a campaign against against farmworker abuse is more pertinent than ever before. We are calling for several steps to be taken. , Revised Edition
- Full Text:
- Date Issued: 1990?
- Authors: Segal, Lauren
- Date: 1990?
- Subjects: Agricultural laborers -- South Africa -- Social aspects , Child agricultural laborers -- South Africa , Farms -- South Africa , Violence -- South Africa , Forced migration -- South Africa , South Africa -- Race relations
- Language: English
- Type: text , book
- Identifier: http://hdl.handle.net/10962/65551 , vital:28809
- Description: Extensive evidence of atrocities committed against black workers on white-owned farms has consistently been uncovered by progressive organisations working in the rural areas in South Africa. The evidence suggests the need for a thorough and systematic investigation of the nature and extent of violence on the farms, as well as a more systematic exposure of the findings. For the most part, the personality of rural South Africa remains a mystery to urban dwellers. The Black Sash and its rural project, the Transvaal Rural Action Committee (TRAC), approached the Project for the Study of Violence to undertake this research and this report was first presented at the Project's seminar programme at the University of the Witwatersrand. Its findings have provoked strong responses from the farming sector. Kobus Kleyhans, the Deputy Director, General Services of the South African Agricultural Union (SAAU), was quoted in The Star as saying, ‘According to my observations, the situation (on the farms) is quite different. I reject these findings with contempt; they are nothing near the real situation... I will not deny, that some farmers do not treat their workers as they should, but this sort of information is not representative’. (The Star; October 1990) In reply, it should be emphasised that firstly, while this study was conducted only in the South Eastern Transvaal, the case studies in this report are not isolated incidents but were selected out of a large range of similar occurrences in the area. Secondly, rural advice offices in the Western and Northern Transvaal, have reported similar cases of violent abuse of labourers on white owned farms in their areas. Although the specific contours of the communities in these regions have not been investigated, some of the case studies directly corroborate the findings of this report. The timing of this report is opportune as it coincides with President De Klerk’s announcement that the Land Acts of 1913 and 1936 are to be abolished. These Acts have been pivotal in forging and determining the violent and exploitative relations on the land. The announcement is therefore welcomed as a significant step towards creating the conditions for changing the balance of power on the land. At the same time, this report serves as a warning against the belief that the scrapping of the Land Acts will put an end to the varying forms of violence on the farms. Just as repealing these laws will not necessarily ensure equitable redistribution of the land in South Africa, so too do they not necessarily signal a move towards more equitable labour relations on white farms. This report makes this clear in three ways. Firstly, the racist attitudes and convictions of many white farmers is shown to underpin much of the violence on the farms. These attitudes will prevail well after the scrapping of the Acts. A reversal of these attitudes will only take place after a lengthy educative process undertaken by groups such as the local churches, the South African Agricultural Union, the Rural Foundation etc. Secondly, it is the very fear of white farmers and their increasingly vulnerable position, that has contributed to a growing pattern of abusive behaviour against farmworkers. The strength of the opposition of hundreds of white farmers to the scrapping of the Land Acts was demonstrated in their march on the union buildings just after the announcement was made. Thirdly, the networks that have contributed - directly and indirectly - to the violence on the farms, such as the courts and police, are still firmly entrenched in the rural areas. For these reasons, a campaign against against farmworker abuse is more pertinent than ever before. We are calling for several steps to be taken. , Revised Edition
- Full Text:
- Date Issued: 1990?
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