Editorial

No Abstrac

Electoral systems: critical survey

Ever since union - and before - black South Africans have been excluded from parliament, provincial councils and other law-making bodies. This means that blacks have never participated in the electoral process. The voting (electoral) system - its nature and workings - remained the sole preserve of white political parties and the Apartheid government of the day. As a result of a conjuncture of circumstances (as per Harare Declaration), the African National Congress and the apart0heid government are now engaged in talks. Hopefully this will ultimately lead to negotiations towards a new Constitution which will make provision for a single unitary, non-racial, non-sexist South Africa with universal franchise on one single common voters roll and one person one vote. Part of the process of constitution-making for such a South Africa, will be the working out of a system of voting, an electoral system, which would be appropriate for the country. The African National Congress has recognised the need for a multi-party system, the right of all other political forces and organisations to organise and to compete for power on the political terrain. The ANC also recognises that all parties enjoying significant support should have the right to be represented in a Constituent Assembly and parliament. The question which needs to be resolved is: What would be an appropriate electoral system to achieve the stated objec0tive? It is to place the issue before the people of our country and to ensure participation at the widest levels by all the organisa0tions of the people in the process of constitution-making (including formulating and/or agreeing upon an acceptable system of voting), that the African National Congress, Community Law Centre (University of the Western Cape) and the Centre for Development Studies have organised a conference to be held in the Western Cape on 2 - 4 NOVEM0BER 1990. This conference will not be a decision-making one. nor will there be any resolutions at the end of the conference. The objective is to facilitate meaningful discussions throughout the country. To facilitate this process, we present a discussion document entitled "ELECTORAL SYSTEMS: A CRITICAL SURVEY" which has been prepared by Professor KADER ASMAL, a member of the Constitutional Committee of the ANC and Professor of Law at Trinity College, Dublin. It is hoped that arising from these discussions, there will be more meaningful discussions and consultations amongst or0ganisations such as trade unions, civic organisations, women’s organisations and other sectoral or0ganisations - ultimately leading to a situation which we would be better able to decide on an acceptable, unity building and democratic electoral system."The Community Law Centre (UWC) & Centre for Development Studies in conjunction with the ANC Constitutional Committee."--Cove

Victims, survivors and citizens: human rights, reparations and reconciliation: inaugural lecture

The professorial inaugural lecture is for the university an occasion to celebrate - celebrate in the full meaning of the word, i.e. to perform publicly and duly, to observe and honour with rites and festivities, to publish abroad, praise and extol. Through the custom of the inaugural lecture the university celebrates and affirms its basic function, that of creating, preserving, transmitting and applying knowledge, particularly scientifically-based knowledge. The university appoints to the position of professor one who has attained excellence in the handling of knowledge in her or his discipline, and through a jealous watchfulness over the dignity and esteem of this time-honoured position of excellence amongst scholars, defends the capacity of the university to advance human knowledge and human progress. The University of the Western Cape is particularly honoured to celebrate by way of this address the inauguration of its first ever Professor of Human Rights Law. We take pride from both the position and the incumbent: the post demonstrates our commitment to scholarly relevance, the incumbent to the pursuit of excellence. This university has distinguished itself amongst South African educational institutions for the way that it has grappled with questions of appropriate intellectual and educational responses to the demands of the social and political environment. That search involved debates and contests over what constitutes knowledge or valuable knowledge, over the nature of the process of knowledge production, over the relationship between theory and practice, about autonomy and accountability, about the meaning of "community" and about how the activities of a university are informed by the definition and conception of "community". The decision to establish a chair in Human Rights Law was arrived at as part of that process of searching for the appropriate forms of curricular transformation. South African society with its history of colonial conquest and latterly apartheid rule is one bereft of a rights culture; and where the discussion of a bill of rights and the general establishment of an awareness of human rights had been started in recent times, it has often been motivated by a concern with the protection of traditionally advantaged sectors of society. A university like ours has an obligation to contribute to the debate about and the promotion of human rights in ways which will also be concerned with healing, reparation and reconstruction in this severely brutalised nation. In this address marking his formal assumption of the University of the Western Cape’s Chair in Human Rights Law, Kader Asmal gives testimony of the depth of scholarly rigour and the breadth of humane concern brought to and emanating from this position. The integral coming together of Asmal the international scholar, the anti-apartheid activist of long standing, the seasoned international solidarity worker, the spirited publicist is evidenced in this address which is sure to stand as a signal point of reference in our national debate about this complex subject. The University had been privileged to attract to its staff some of the finest scholars from the ranks of the formerly exiled South Africans; this inaugural ceremony provides the institution with the opportunity to welcome into its midst one of those in the person of Kader Asmal.Publications of the University of the Western Cape ; series A, no. 6

Electoral systems: critical survey

Ever since union - and before - black South Africans have been excluded from parliament, provincial councils and other law-making bodies. This means that blacks have never participated in the electoral process. The voting (electoral) system - its nature and workings - remained the sole preserve of white political parties and the Apartheid government of the day. As a result of a conjuncture of circumstances (as per Harare Declaration), the African National Congress and the apart0heid government are now engaged in talks. Hopefully this will ultimately lead to negotiations towards a new Constitution which will make provision for a single unitary, non-racial, non-sexist South Africa with universal franchise on one single common voters roll and one person one vote. Part of the process of constitution-making for such a South Africa, will be the working out of a system of voting, an electoral system, which would be appropriate for the country. The African National Congress has recognised the need for a multi-party system, the right of all other political forces and organisations to organise and to compete for power on the political terrain. The ANC also recognises that all parties enjoying significant support should have the right to be represented in a Constituent Assembly and parliament. The question which needs to be resolved is: What would be an appropriate electoral system to achieve the stated objec0tive? It is to place the issue before the people of our country and to ensure participation at the widest levels by all the organisa0tions of the people in the process of constitution-making (including formulating and/or agreeing upon an acceptable system of voting), that the African National Congress, Community Law Centre (University of the Western Cape) and the Centre for Development Studies have organised a conference to be held in the Western Cape on 2 - 4 NOVEM0BER 1990. This conference will not be a decision-making one. nor will there be any resolutions at the end of the conference. The objective is to facilitate meaningful discussions throughout the country. To facilitate this process, we present a discussion document entitled "ELECTORAL SYSTEMS: A CRITICAL SURVEY" which has been prepared by Professor KADER ASMAL, a member of the Constitutional Committee of the ANC and Professor of Law at Trinity College, Dublin. It is hoped that arising from these discussions, there will be more meaningful discussions and consultations amongst or0ganisations such as trade unions, civic organisations, women’s organisations and other sectoral or0ganisations - ultimately leading to a situation which we would be better able to decide on an acceptable, unity building and democratic electoral system."The Community Law Centre (UWC) & Centre for Development Studies in conjunction with the ANC Constitutional Committee."--Cove

Investigating the association between diabetes mellitus, depression and psychological distress in a cohort of South African teachers

Background. Diabetes mellitus (DM) may increase the risk of depression as a result of a sense of threat of debilitating complications or because of associated lifestyle changes. Depression may increase the risk of type 2 diabetes as a result of poor health behaviours.Objective. To determine the association between diabetes mellitus, depression and psychological distress in a cohort of South African (SA) teachers.Methods. Teachers from 111 public schools in the Metro South District of the Cape Metropolitan area, SA, were invited to participate in this study. The Center for Epidemiologic Studies Depression Scale (CES-D) and the Kessler Psychological Distress Scale (K10) were used to assess depression and psychological distress, respectively. A professional nurse completed a physical examination and collected blood for measurement of glucose, cholesterol and serum creatinine.Results. Of the 388 teachers who completed the questionnaires, 67.5% were female and the average age was 46.2 years (standard deviation 8.7). Psychological distress was identified in 28.1% of the cohort and depression in 15.5%, and 7.7% were found to fulfil criteria for DM. A diagnosis of DM was associated with an increased risk of depression (adjusted odds ratio (AOR) 3.90; 95% confidence interval (CI) 1.33 - 11.37) and psychological distress (AOR 3.62; 95% CI 1.31 - 10.00).Conclusion. The high prevalence of obesity and DM in this cohort of SA teachers is of concern. A diagnosis of DM was strongly associated with an increased risk of depression and psychological distress

Speak out on poverty: Hearing, inaudibility, and citizenship in post-apartheid South Africa

In 1998, Speak Out on Poverty held hearings across South Africa shortly after the Truth and Reconciliation Commission (TRC) completed eighteen months of highly publicized, nationwide hearings at which victims testified. Speak Out challenged the TRC’s focus on overt political violations, seen to occlude forms of structural violence central to apartheid's policy and practice, as well as longer legacies of colonialism. Reading Speak Out alongside the TRC puts pressure on supposed differences between official truth commissions or tribunals and those run by civil society. Discussing Speak Out in relation to the TRC signaled more than a set of comparisons. In a time of transition, Speak Out spoke from within and against the noise of the TRC. It aimed to make poverty and inequality the nation's priority rather than reconciliation, or at least to challenge notions of reconciliation that did not have inequity and poverty at its center

The South African Constitution and the transition from apartheid: legislating the reconciliation of rights in a multi-cultural society

Article by Professor Kader Asmal MP, National Assemby, South Africa, published in Amicus Curiae - Journal of the Society for Advanced Legal Studies. The Journal is produced by the Society for Advanced Legal Studies at the Institute of Advanced Legal Studies, University of London. This paper was given by Professor Kader Asmal as the Sir William Dale Memorial Lecture for 2006, delivered at Chatham House, London, on November 10, 2006