- Title
- The politics of constitutionalism in South Africa : institutions supporting democracy
- Creator
- Tsoeu-Ntokoane, Seroala Rose
- Subject
- Democracy - South Africa, Human rights - South Africa, Political participation - South Africa, Constitutions - South Africa, South Africa - Ethnic relations, South Africa - Politics and government
- Date
- 2015
- Type
- Doctoral (Thesis)
- Identifier
- http://hdl.handle.net/10210/84566
- Identifier
- uj:19236
- Description
- Abstract: This thesis on the politics of constitutionalism is a broad prognosis on state institutions supporting democracy in South Africa. Empowered by the country's supreme law, the chapter 9 institutions are essential elements of the country's rights infused constitutional democracy. This study employed a qualitative research design to make sense of a wide variety of secondary data sources on selected cases of Chapter 9 institutions: the South African Human Rights Commission (SAHRC), the Commission for Gender Equality (CGE) and the Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities (CRCRL). The research design used is decidedly qualitative, with the express intention of understanding unique interactions that formed these institutions' creation and their current performance. The study's primary premise is that the constitutional form of government in South Africa and the institutional arrangements it has spawned are bound up in a legitimatising and symbiotic continuum. However, these institutions have not actualised the purpose for which they were set up but are experiencing ongoing performance problems. In this thesis, I have argued that the problem with these institutions originates from their founding. They are products of the country's fractious history, internationally driven human rights discourse and also the negotiated settlement. Seeing these institutions this way allows for a wider reading of constitutions as more than rule-bound documents, but as empowering certain institutional forms over others. In this way we can understand why Chapter 9 institutions were created and the effect they have had in realising desired outcomes of the democratic government. Having found these institutions to be underwhelming in terms of their performance, necessary questions have been asked of their relevance to the current political environment. Logically capacitating them may seem to be a panacea for their problems. Government support in terms of funding is essential as much as political will to support and respect the work these institutions do on a continuous basis. Similarly, these institutions have to perform, they have to actually do the job for which they were created, they should strive to be accessible and public support of their function will naturally follow...., D. Litt. et Phil. (Politics)
- Contributor
- Hamilton, Lawrence, Prof.
- Language
- English
- Rights
- University of Johannesburg
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