Civil protests and their impact on human rights in the Republic of South Africa
- Authors: Melvin, Kokwe Sonwabo
- Date: 2021-03
- Subjects: Protest movements -- South Africa , Human rights -- South Africa
- Language: English
- Type: Master's theses , text
- Identifier: http://hdl.handle.net/10353/28184 , vital:73806
- Description: This mini dissertation investigates civil protests and their impact on human rights in the Republic of South Africa. South Africa is a democratic country that subscribes to representative democracy. Its civilians vote for political parties that elect members to represent them in parliament or in government. Civilians are not members of armed forces, such as police, soldiers, or fire fighters. These people are ordinary citizen with no power or authority to engage in war as they do not have arms or gear to do so. Whenever they feel aggrieved with situation or action by authorities (political leaders, government, or employers), they embark on protest to voice their grievances or disapproval. However, in the process of protest there have been developments of intimidation, vandalism, abuse, and violation of other people's rights. This happens even though the right to protest is enshrined to the Constitution of the Republic of South Africa. Section 17 of the constitution guarantees civilians the right to protest. It further stipulates the way in which protests should be conducted. The fact that protest is recognised as a right, means it plays an important role in assisting civilians expressing dissatisfaction with current situations and assert demands for social, political, and economic change. Additionally, the right to protest gives citizens right to participate in discourse. It is the individual and/or collective exercise of existing and universally recognised human rights that affords civilians opportunity to demand dignity, freedom of association and expression from authorities. Although this right is fundamental, it has its limitations, and its impact is crucial to human rights. This is so because every protest is human right inclined. Hence, this mini dissertation attempts to contribute to academic discourse by bringing forth human rights perspective on the impact of civil protest. The discourse has been majorly influenced by the following disciplines: sociology, social psychology, anthropology, political science, economics, and public administration. The existence of this study attempts to conscientize civilians about the importance of respecting, supporting, and protecting human rights. The study found that violent protests have negative impact on human rights. The negative impact is not only experienced by non-protesting civilians, but by protesting civilians. Because of the interdependency of rights, the study has also found that infringement of one right can lead to the violation of other rights. For instance, the burning of infrastructure such as clinic does not violate the right to access health only, but also violate the right to life, education, and security. Therefore, the study concludes that civilian's use of violence during protest action does not advance section 17 of the Constitution. Instead, it violates the same section or right. Moreover, negative impact of violent protests cost civilians dearly. Because after destroying property, the same civilians that destroy property are the ones who suffers. For instance, burning of police vehicles, makes it difficult for police to attend civilian's calls for help. Lastly, this mini dissertation concludes by recommending areas where government and civilians need to consider in respecting, supporting, and protecting human rights in a protest. , Thesis (MPhil) -- Faculty of Law, 2021
- Full Text:
- Date Issued: 2021-03
- Authors: Melvin, Kokwe Sonwabo
- Date: 2021-03
- Subjects: Protest movements -- South Africa , Human rights -- South Africa
- Language: English
- Type: Master's theses , text
- Identifier: http://hdl.handle.net/10353/28184 , vital:73806
- Description: This mini dissertation investigates civil protests and their impact on human rights in the Republic of South Africa. South Africa is a democratic country that subscribes to representative democracy. Its civilians vote for political parties that elect members to represent them in parliament or in government. Civilians are not members of armed forces, such as police, soldiers, or fire fighters. These people are ordinary citizen with no power or authority to engage in war as they do not have arms or gear to do so. Whenever they feel aggrieved with situation or action by authorities (political leaders, government, or employers), they embark on protest to voice their grievances or disapproval. However, in the process of protest there have been developments of intimidation, vandalism, abuse, and violation of other people's rights. This happens even though the right to protest is enshrined to the Constitution of the Republic of South Africa. Section 17 of the constitution guarantees civilians the right to protest. It further stipulates the way in which protests should be conducted. The fact that protest is recognised as a right, means it plays an important role in assisting civilians expressing dissatisfaction with current situations and assert demands for social, political, and economic change. Additionally, the right to protest gives citizens right to participate in discourse. It is the individual and/or collective exercise of existing and universally recognised human rights that affords civilians opportunity to demand dignity, freedom of association and expression from authorities. Although this right is fundamental, it has its limitations, and its impact is crucial to human rights. This is so because every protest is human right inclined. Hence, this mini dissertation attempts to contribute to academic discourse by bringing forth human rights perspective on the impact of civil protest. The discourse has been majorly influenced by the following disciplines: sociology, social psychology, anthropology, political science, economics, and public administration. The existence of this study attempts to conscientize civilians about the importance of respecting, supporting, and protecting human rights. The study found that violent protests have negative impact on human rights. The negative impact is not only experienced by non-protesting civilians, but by protesting civilians. Because of the interdependency of rights, the study has also found that infringement of one right can lead to the violation of other rights. For instance, the burning of infrastructure such as clinic does not violate the right to access health only, but also violate the right to life, education, and security. Therefore, the study concludes that civilian's use of violence during protest action does not advance section 17 of the Constitution. Instead, it violates the same section or right. Moreover, negative impact of violent protests cost civilians dearly. Because after destroying property, the same civilians that destroy property are the ones who suffers. For instance, burning of police vehicles, makes it difficult for police to attend civilian's calls for help. Lastly, this mini dissertation concludes by recommending areas where government and civilians need to consider in respecting, supporting, and protecting human rights in a protest. , Thesis (MPhil) -- Faculty of Law, 2021
- Full Text:
- Date Issued: 2021-03
How does security limit the right to protest? : a study examining the securitised response to protest in South Africa
- Authors: Royeppen, Andrea Leigh
- Date: 2014
- Subjects: Protest movements -- South Africa , Political violence -- South Africa , South Africa -- Politics and government -- 21st century , Civil rights -- South Africa , Police power -- South Africa , Abuse of administrative power -- South Africa , Police -- Complaints against -- South Africa , Right to strike -- South Africa , Democracy -- South Africa , Political leadership -- South Africa -- 21st century , Political participation -- South Africa , African National Congress , South African Police Service
- Language: English
- Type: Thesis , Masters , MA
- Identifier: vital:2878 , http://hdl.handle.net/10962/d1013071
- Description: In South Africa, the right to protest is under constant threat as a result of the state response. Increasing cases of forceful policing and sometimes unlawful procedural prohibitions of protest attest to this. This study aims to firstly describe this situation through securitisation theory, essentially arguing that South Africa has become a securitised state. It also aims to understand how this is sustained by the state and why the state needs to use a securitised response to maintain power. Interviews were conducted with members of different communities and organisations. Their responses helped to illustrate the frustration of the right to protest or brutal policing during a protest. This provided primary evidence to support the claims of the study. The research shows that claims to protest are being delegitimised under the guise of security as protestors are being constructed as threats to the state. This is further substantiated by looking at how the reorganisation and remililtarisation of the South African Police perpetuates the criminalisation of protestors which necessitates a forceful response from the state. Furthermore, it shows that there is a distinct relationship between the prohibition of protest and the recent increase in ‘violent’ protests which legitimate forceful policing thereby creating a state sustained cycle of violence. The larger implication of this treatment is that these protestors are treated as non- citizens who are definitively excluded from participating in governance. In understanding why this is taking place, it is clear that a securtitised response is an attempt to maintain power by dispelling any threats to power, a response which is seen to have a long history in the African National Congress (ANC) when examining the politics of the ANC during exile. Maintaining power in this way distracts from the larger agenda of the state, which this thesis argues, is to mask the unraveling of the ANC’s hegemony and inability to maintain national unity. In other words, the increasing dissatisfaction of some of the citizenry which has manifested through protest greatly undermines the legitimacy of the government to provide for its people.
- Full Text:
- Date Issued: 2014
- Authors: Royeppen, Andrea Leigh
- Date: 2014
- Subjects: Protest movements -- South Africa , Political violence -- South Africa , South Africa -- Politics and government -- 21st century , Civil rights -- South Africa , Police power -- South Africa , Abuse of administrative power -- South Africa , Police -- Complaints against -- South Africa , Right to strike -- South Africa , Democracy -- South Africa , Political leadership -- South Africa -- 21st century , Political participation -- South Africa , African National Congress , South African Police Service
- Language: English
- Type: Thesis , Masters , MA
- Identifier: vital:2878 , http://hdl.handle.net/10962/d1013071
- Description: In South Africa, the right to protest is under constant threat as a result of the state response. Increasing cases of forceful policing and sometimes unlawful procedural prohibitions of protest attest to this. This study aims to firstly describe this situation through securitisation theory, essentially arguing that South Africa has become a securitised state. It also aims to understand how this is sustained by the state and why the state needs to use a securitised response to maintain power. Interviews were conducted with members of different communities and organisations. Their responses helped to illustrate the frustration of the right to protest or brutal policing during a protest. This provided primary evidence to support the claims of the study. The research shows that claims to protest are being delegitimised under the guise of security as protestors are being constructed as threats to the state. This is further substantiated by looking at how the reorganisation and remililtarisation of the South African Police perpetuates the criminalisation of protestors which necessitates a forceful response from the state. Furthermore, it shows that there is a distinct relationship between the prohibition of protest and the recent increase in ‘violent’ protests which legitimate forceful policing thereby creating a state sustained cycle of violence. The larger implication of this treatment is that these protestors are treated as non- citizens who are definitively excluded from participating in governance. In understanding why this is taking place, it is clear that a securtitised response is an attempt to maintain power by dispelling any threats to power, a response which is seen to have a long history in the African National Congress (ANC) when examining the politics of the ANC during exile. Maintaining power in this way distracts from the larger agenda of the state, which this thesis argues, is to mask the unraveling of the ANC’s hegemony and inability to maintain national unity. In other words, the increasing dissatisfaction of some of the citizenry which has manifested through protest greatly undermines the legitimacy of the government to provide for its people.
- Full Text:
- Date Issued: 2014
Service delivery protests as a catalyst for development: the case of Ethekwini municipality
- Authors: Shezi, Lindelani
- Date: 2013
- Subjects: Protest movements -- South Africa , Municipal services -- South Africa -- Case studies , Local government -- services -- South Africa
- Language: English
- Type: Thesis , Masters , MA
- Identifier: vital:9236 , http://hdl.handle.net/10948/d1021095
- Description: Many have described South Africa as a protest-rich nation. Some have defended this high level of protest as an indication that this country has a functional democracy where peoples’ right to raise their dissatisfaction with government through protesting is protected. These protests take different forms, with some displaying signs of criminality where protesters vandalise private and public property, while others proceed peacefully. This project examines and interprets the dynamics and circumstances surrounding these events and processes through empirical research, and explores their relationship to development. This dissertation attempts to establish what motivates people to engage in these protests, to assess the impact and consequences of protests in South African local communities, and to assess whether the different forms of protest were effective in compelling government to address protesters' developmental demands. The research undertaken was of a qualitative nature, and the researcher sourced the information from community members and community leaders. As the process of collecting empirical data unfolded, it became clear that the Marianridge and Umlazi Z Section case studies presented in this dissertation indicated that developmental local government without public participation is ineffective.
- Full Text:
- Date Issued: 2013
- Authors: Shezi, Lindelani
- Date: 2013
- Subjects: Protest movements -- South Africa , Municipal services -- South Africa -- Case studies , Local government -- services -- South Africa
- Language: English
- Type: Thesis , Masters , MA
- Identifier: vital:9236 , http://hdl.handle.net/10948/d1021095
- Description: Many have described South Africa as a protest-rich nation. Some have defended this high level of protest as an indication that this country has a functional democracy where peoples’ right to raise their dissatisfaction with government through protesting is protected. These protests take different forms, with some displaying signs of criminality where protesters vandalise private and public property, while others proceed peacefully. This project examines and interprets the dynamics and circumstances surrounding these events and processes through empirical research, and explores their relationship to development. This dissertation attempts to establish what motivates people to engage in these protests, to assess the impact and consequences of protests in South African local communities, and to assess whether the different forms of protest were effective in compelling government to address protesters' developmental demands. The research undertaken was of a qualitative nature, and the researcher sourced the information from community members and community leaders. As the process of collecting empirical data unfolded, it became clear that the Marianridge and Umlazi Z Section case studies presented in this dissertation indicated that developmental local government without public participation is ineffective.
- Full Text:
- Date Issued: 2013
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