This book explores the contentious history of the rule of law in the geographic and socio-political space that becomes South Africa. This is a history of contestation over the idea and use of indigenous, colonial, and constitutional law by official institutions. It explores the multitude of social movements, political organisations, and communities that have turned to the law to defend against abuses of power or to challenge authority and assert claims. These claims have been based on both official and unofficial law and have been asserted in the name of tradition, common law, human rights, and/or international law.
As reflected in the practice and academic analysis of law in South Africa in the past and present, the contested conceptions of the rule of law and its relationship to the legacies of colonial apartheid are central to the continuing political and social conflict in post-apartheid South Africa.
The book addresses the rule of law under colonialism and apartheid during the democratic transition and under South Africa's existing constitutional order. It also considers extra-legal influences on the rule of law, such as the political economy of the country, and delves into the lived experience of the rule of law in a society where legal pluralism shapes the lives of large portions of the population.
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This book considers the contentious history of law in South Africa.
1. Introduction Debate over the Rule of Law in South Africa
2. Rule of Law under Colonialism and Apartheid
3. Rule of Law and the Democratic Transition, TRC, etc.
4. Rule of Law and the Post-Apartheid Constitutional Structure
5. Extra-Legal Influences on the Rule of Law
6. Lived Experience of the Rule of Law Pluralism, etc.
7. Future of the Rule of Law in South Africa
Bibliography
Index
Heinz Klug is Evjue-Bascom Professor of Law at the University of Wisconsin Law School, USA, and Visiting Professor of Law in the School of Law at the University of the Witwatersrand, Johannesburg, South Africa. Sanele Sibanda is Senior Lecturer at the Faculty of Law at the University of Pretoria, South Africa, where he teaches in the department of jurisprudence. Sindiso Mnisi Weeks is Assistant Professor in Public Policy of Excluded Populations at the University of Massachusetts Boston, USA, and Adjunct Associate Professor in Public Law at the University of Cape Town, South Africa.
