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Introduction
As a social justice thinker and scholar activist, I have so far specialised in public policy pertaining to marginalised and vulnerable groups – especially indigenous, African populations and women. My book, Access to Justice and Human Security: Cultural Contradictions in Rural South Africa (Routledge, 2018), focuses on the ways in which human (in)security and social (under)development affect access to justice and the management of social conflict in highly volatile, remote communities.
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Publications (25)
Vernacular forums – or traditional courts – often order parties to apologise to one another. Versions of the Traditional Courts Bill (published in 2008/2012 and 2017) have consistently provided for an apology as an order that can be issued by such a forum. While there has been little reflection on what the value of an apology is when it is ordered,...
This article describes the experience and lessons learned by graduate students and supervising faculty in piloting an action-research project aimed at realizing positive economic and social change by advancing the vision of Boston as a human rights city that was articulated in a city council resolution adopted in 2011. It details the efforts led by...
Recently, there has been a global resurgence of demands for the acknowledgement of historical and contemporary wrongs, as well as for apologies and reparation for harms suffered. Drawing on the histories of injustice, dispossession and violence in South Africa, this book examines the cultural, political and legal role and value of an apology. It ex...
Human Rights Cities is an international movement – started in the 1990s by the People’s Decade for Human Rights Education (PDHRE) – to implement human rights at the local level. It calls on individuals, communities and local governments to work together to build a culture of human rights in the city that will facilitate the realization of civil, po...
The continued relevance of customary law for the regulation of the daily lives of Africa's citizens poses serious governance challenges to sovereign states, such as how best to regulate customary dispute settlement. While confronted with largely similar problems, the South African government proposed to enhance and regulate the position of its trad...
For most people in rural South Africa, traditional justice mechanisms provide the only feasible means of accessing any form of justice. These mechanisms are popularly associated with restorative justice, reconciliation and harmony in rural communities. Yet, this ethnographic study grounded in the political economy of rural South Africa reveals how...
This is the second of two volumes announcing the emergence of the new legal realism. At a time when the legal academy is turning to social science for new approaches, these volumes chart a new course for interdisciplinary research by synthesizing law on the ground, empirical research, and theory. Volume 2 explores the integration of global perspect...
This article discusses flaws in the Traditional Courts Bill in light of research that shows customary courts to operate in accordance with a model that is very different from that adopted by the Bill. Customary courts are not professional institutions but community-based discussion forums, thus participation in them is inclusive of the broad commun...
This article introduces the Traditional Courts Bill (B15-2008). The Bill has caused controversy, and drawn criticism from rural communities and civil society. Key to the concerns raised was the flawed consultative process that the Department of Justice and Constitutional Development followed in bringing the Bill before parliament. In addition, subs...
This article introduces the Traditional Courts Bill (B1-2012) of South Africa. It initially focuses on the controversy that this draft legislation has caused, among rural communities and civil society especially, by virtue of the process that the Department of Justice and Constitutional Development followed in passing it, the substantive concerns i...