Doctoral Degrees (Political Science)
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Browsing Doctoral Degrees (Political Science) by browse.metadata.advisor "Du Toit, P. V. D. P."
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- ItemContending interpretations of the rule of law in South Africa(Stellenbosch : Stellenbosch University, 2013-12) Swart, Charl; Du Toit, P. V. D. P.; De Jager, N.; Stellenbosch University. Faculty of Arts and Social Sciences. Dept. of Political Science.ENGLISH ABSTRACT: The following study examines whether there are contending interpretations of the rule of law present within the South African democracy. The study proposes that the rule of law forms part of the societal understanding of democracy and everyday life. Rule of law is defined in terms of mental models which influence how stakeholders conceive and define institutions. Rule of law is more than a mere institutional guarantee or set of rules — rule of law is understood as a component of a specific culture of understanding. It is shown that conceptions of rule of law have a long history in western society and have been influenced by both liberal and social ideals. Contemporary conceptions of the rule of law are tightly bound with specific notions of liberal democracy. It is hypothesised that there are distinctly identifiable opinions, beliefs and views of the rule of law present in South African democracy, and that these can be systematically described at the hand of a conceptual typology. The conceptual typology developed, identifies two contending interpretations of the rule of law, namely liberal and social rule of law. Liberal rule of law emphasises the status of the individual, moral plurality and the creation and maintenance of a rule-based society of the future. In contrast, social rule of law places emphasis on the status of the community, a single communally defined conception of the moral good and places greater emphasis on righting past injustices. Other publications that address the themes of democracy and the rule of law in South Africa are also examined in order to determine whether there is congruence between the conceptual typology developed in this study and other works. It is found that the conceptual typology is congruent with other works that depict the African National Congress’s conception of democracy, equality and liberty. These congruencies validate and strengthen the conceptual typology developed in this study. The conceptual typology is subsequently applied to a specific court case, the AfriForum v Malema hate speech case. The conceptual typology is found to be sufficiently accurate in analysing contending beliefs associated with the rule of law as expressed in this court case and identifies the African National Congress’s conception of the rule of law as falling under the social rule of law and AfriForum’s conception as aligning to the liberal rule of law. It is concluded that the conceptual typology can be empirically validated at the hand of the selected case. The conceptual typology is therefore validated with other works (conceptually) and with a specific case (empirically). It is concluded that the conceptual typology provides a clear, robust, concise and comprehensive analytical description of values and beliefs associated with the rule of law in South Africa.
- ItemA framework for constitutional settlements : an analysis of diverging interpretations of the South African Constitution(Stellenbosch : Stellenbosch University, 2015-04) Teuteberg, Salome Marjanne; Du Toit, P. V. D. P.; Stellenbosch University. Faculty of Arts and Social Sciences. Dept. of Political Science.ENGLISH ABSTRACT: South Africa’s transition to democracy has been hailed as exemplary in the field of conflict resolution and constitution-making. The negotiated settlement was expected to serve as a consensual constitutional framework boding well for the newly democratic regime, but by 2014 evidence was accumulating of an emerging dissensus on the South African Constitution. The literature on the South African transition does not anticipate this emerging constitutional dissensus, or address the possibility that the constitution meant different things to different stakeholders. While there was widespread endorsement of the ratification of the constitution, an apparent divergence has emerged about its meaning and what is stands for. Many studies addressed the process of constitutional negotiations and the outcome thereof, but few examine the meaning that the original negotiators invested into this outcome. The study aimed to address whether this dissensus was present during the negotiating process (1990 - 1996), and whether the negotiators’ agreement on the formal text of the constitution obscures fundamentally diverging interpretations. The study is in the form of a qualitative, descriptive case study. This study created a novel conceptual framework within which to classify diverse interpretations. Perceptions of negotiated compromises in deeply divided societies were conceptualised in the form of Constitutional Contracts, Social Contracts and Benchmark Agreements. Original negotiators’ views and opinions were analysed in order to identify dispositions reconcilable with each of the concepts identified. This framework proved significantly helpful in identifying whether the views of the negotiators were divergent – on several levels, differences between negotiators during the negotiating period came to the fore. It became evident from the findings that there were indeed present among the ranks of the negotiators of the South African Constitution diverging interpretations of this outcome. It became clear that certain interpretations were more easily categorised than others: while being able to locate the views of some negotiators within the concepts of Constitutional Contract or Social Contract, identifying those views congruent with the Benchmark Agreement proved more difficult. Also, some negotiators’ views can be located within one, two or all of the categories. It became evident that while negotiators may be categorised within all three concepts of the framework, their opinions are not necessarily specific to the indicators of one single concept. This study brought significant insight into several concepts, including the Social Contract in a changing society. The Social Contract is identifiable within a system that fosters process over institutions, with specific focus on the working of the electoral system. The Social Contract is vested in the political culture as opposed to in the written text, but the written text does facilitate these types of processes by entrenching mechanisms for ongoing negotiation and revision. However, while some of these mechanisms exist within the Constitution, it does not mean that they are effectively used. Characteristics associated with the Social Contract, such as flexibility and an inclusive process, tend to be associated with longer lasting constitutions. The question remains whether South Africans should be actively seeking to build a Social Contract, and whether a Constitutional Contract can evolve into a Social Contract.
- ItemThe impact of organised crime on social control by the state : a study of Manenberg in Cape Town, South Africa(Stellenbosch : Stellenbosch University, 2013-03) Lambrechts, Derica; Du Toit, P. V. D. P.; De Jager, Nicola; Stellenbosch University. Faculty of Arts and Social Sciences. Dept. of Political Science.ENGLISH ABSTRACT: This study set out to research the influence of a local non-state actor on the role and authority of the state, in the domestic environment. Accordingly, the research problem focused on the impact of a domestic actor on the association between the state and the society. This study only focused on the state at the level of local government and the impact of one specific actor, organised criminal groups, on social control by the state. Thus, state-society relations were discussed in this context. In order to guide this study, the main and two supportive research questions were stated as follows: What is the impact of organised crime on the social control by the state? What are the power dynamics between local governance, criminal agents and society? Has the state become criminalised at the level of local government, as a result of the activities of organised crime, and if so, to what extent? The state thus functioned as the dependent variable and organised criminal groups as the independent variable. The theoretical foundation of this study was located in state-society relations, and specific reference was given to the work of Migdal (1988) and his analysis of state social control, pyramidal and weblike societies. Furthermore, a neo-pluralist view of the state was followed. A conceptualisation of the criminalisation of the state was provided, as the criminalisation of the state was regarded as one possible impact of organised crime on the state. In order to analyse the criminalisation of the state, a framework was constructed from four main avenues of empirical observation. In order to answer the research questions, a case study research design and a predominantly qualitative methodology was selected. As a case, the City of Cape Town was selected and Manenberg, located on the Cape Flats, as the site for the research. A case study research design created the opportunity to describe the context in detail and to connect the micro level of analysis to the macro level; thus, it provided insight on the research topic that enabled the researcher to expand/build theory. The field research process occurred over a period of three months using a triangulation of methods: Key informant interview, small group discussions and observation with three categories of respondents. These three categories included: Community members of Manenberg, organised criminal groups and agents of local government and local governance. In order to set the stage for the empirical analysis, a contextualisation of the dependent and independent variables were provided. It was stated that there is a lack of a universally agreed upon definition of organised crime, and as a result, a conceptualisation of organised crime was generated for this study. It was further argued that the majority of literature treats organised criminal groups and organised criminal gangs as two separate concepts, despite the fact that there are more similarities than differences. Thus, for the purpose of this study, a conclusion was reached that the difference is inconsequential. The development of organised crime in South Africa and an examination of the historical development of the gangs on the Cape Flats were described. With regards to the dependent variable, the context was provided for an analysis of local government in South Africa. The demographical and operational features of the municipal area of the City of Cape Town were explained, with specific reference to safety and security elements. The primary data collected was analysed according to the indicators of social control (compliance, participation and legitimacy), as identified by Migdal (1988). In addition, the framework to analyse the criminalisation of the state at the level of local government was applied on the case study. Based on the analysis, a different system, to what was described by Migdal (1988) in his narrative of a triangle of accommodation was found to be in operation in Manenberg on the Cape Flats. It was confirmed that there is the presence of a weakened state and accordingly, a weblike society, where social control is fragmented between local government and the criminal community. However, in this weblike society a system of local power dynamics exists between the criminal community, social community and local agents of governance, where dyadic collaboration occurs between all three the actors. However, despite the collaboration, the criminalisation of the state does not occur, but rather the statification of the organised criminal community, as it provides goods and service to the social community. The main findings can be summarised as: If a state lacks extensive social control and a rival authority has claimed a level of social control, this will not necessarily lead to the further weakening of the state, as a result of a system of power dynamics in place, where collaboration between the social community, the criminal community and local agents of governance occurs. This system is kept in place by: On-going efforts by the state to maintain (or regain) compliance, participation and legitimacy; corrupt agents of the state (specifically in the security sector); a level of operational ease that exists for the criminal community (and the interweaving of the criminal community in the social community) and a relatively strong society that acknowledges the benefits of criminal activities for the social community, but also recognises the authority and control of the state.
- ItemThe kingdom of Lesotho : an assessment of problems in democratic consolidation(Stellenbosch : Stellenbosch University, 2009-12) Monyane, Chelete; Du Toit, P. V. D. P.; Breytenbach, W. J.; Stellenbosch University. Faculty of Arts and Social Sciences. Dept. of Political Science.ENGLISH ABSTRACT: The main problem investigated in this study is why a homogeneous nation with a high literacy rate such as Lesotho has had so many breakdowns of democracy since independence in 1966. Lesotho is completely surrounded and economically dependent on South Africa and depends mostly on the external sources of income (migrant remittances, customs revenues and foreign aid). Why has this democracy not consolidated? For the assessment of the consolidation of Lesotho’s democracy, this study adopted the multivariate model of Bratton and Van de Walle. This model uses institutional as well as socio-economic variables. In the application of this model various other authors were used as well. Schedler dealt with the concept of breakdowns, whereas Linz and Stepan emphasised institutions and Przeworski et. al and Leftwich also utilised multivariate models, including socio-economic factors. Upon the attainment of independence, the King became a constitutional monarch within a parliamentary system. The monarchy was from the beginning of independence uncomfortable with this status that granted him limited powers. The democratic regime inaugurated with the 1965 elections lasted only till 1970, when the ruling party under Chief Leabua Jonathan which did not support the monarchy, declared the election results invalid and suspended the constitution after his ruling party lost to the opposition. But Chief Leabua Jonathan was toppled from state power in 1986 by the military. The military ruled for eight years. It was clear that the monarchy (eager for executive powers) and the military became factors in the survival of democracy in Lesotho. Democratic rule was relaunched in 1993. The 1993 and 1998 elections were followed by violent power struggles. This time the constituency-based electoral system served as catalyst for the political crises and was blamed. This is because seats did not reflect electoral support as opposition parties were not adequately represented in parliament. Constitutional reforms followed and in 2002 democratic rule was reintroduced. The 2002 and 2007 elections were conducted under the Mixed Member Proportional (MMP) system, which is a hybrid between constituencyiv based and proportional representation. Despite the electoral reforms, uncertainties still remained as the result of escalating socio-economic problems. This study addresses the ways in which the monarchy, the military, the electoral system and the socio-economic factors contributed to the breakdown of democracy in Lesotho. The original aspect of this study lies in the novel set of questions that have not been asked before. It fills the gap in the literature on the 2007 elections and the workings of the new electoral system by comparing the 2002 and the 2007 elections. Despite the constitutional reforms in 2002, the 2007 elections resulted in the new set of problems. The problem of the Lesotho MMP system is how it has to be operationalised and the lack of understanding among the politicians and electorates on how it works. This situation is exacerbated by the absence of legal and clear guidelines on how the translation of votes into seats– especially for candidates under proportional representation (PR) – has to be undertaken in cases where there are coalitions between parties. This institutional reform of the electoral system has not added any value for the development of democracy as losing parties have refused to adhere to the rules. Apart from the electoral system, some of the other core problems are older and institutional. The monarchy has over the years been at the root of some of the country’s democratic breakdowns. It also had influence in the military. The military instituted a period of authoritarianism and managed the transition to democratic rule in the early 1990s.The monarchy and the military continued to destabilise the post- 1993 democratic governments until 1998, after which the electoral system was reformed. But the problems are not only institutional. Lesotho is a democracy with low per capita income. It also has high levels of inequalities as well as high unemployment. Lesotho also has one of the highest HIV/Aids rates in Southern Africa. The country performs poorly when measured against aspects of the United Nations Human Development Index (HDI) such as life expectancy, mortality rates and standard of living. It is the poorest country, with the lowest HDI of Southern Africa’s “free nations”, according to Freedom House. These socio-economic problems have impacted negatively on the prospects of democratic consolidation. One positive aspect is the high literacy rate of over 80%. But this has not benefited Lesotho’s democracy in any meaningful way as most of its educated people are working in South Africa. The country does not have a sizeable middle class, while civil society, except for churches, is also weak. While the monarchy and military have been successfully depoliticised, Lesotho’s democracy remains unconsolidated because of weaknesses in the electoral system (lack of understanding of its operationalisation) and continuing problems of socio-economic development. Its ethnic homogeneity is not an asset either as other divisions have recurred all the time. The overall conclusion is therefore that although most institutional factors responsible for democratic breakdowns in the past have been overcome, the socioeconomic variables such as poverty, weak civil society, small middle class and socio-economic inequality will hinder consolidation for a long time to come.
- ItemMarginalisation in Southern Africa : perceptions of and reactions to state regimes(Stellenbosch : Stellenbosch University, 2002) Leysens, Anthony J.(Anthony Jan); Du Toit, P. V. D. P.; Shaw, T. M.; Stellenbosch University. Faculty of Arts and Social Sciences. Dept. of Political Science.ENGLISH ABSTRACT: During the last two decades of the twentieth century, the world economic order has passed through a transformation which can be characterised as a shift away from the idea of the "Keynesian compromise" to the idea or principle of greater openness and a revision of the role of the state in macroeconomic policy formulation. As a result, and to achieve the goal of global competitiveness, states have become more "outward" orientated. The last twenty years have also seen an increase in the levels of inequality within and between states, which means that the effect of economic growth on the reduction of poverty is much reduced. Critics of the "openness" principle point out that the policies of developing states should be more inwardly focused to ensure that economic openness contributes more directly to the alleviation of poverty and inequality. Southern Africa is a region where the problem of inequality (particularly within states) is prevalent. The Critical Theory ofRobert W Cox (CCT) suggests that one of the ways in which increasing levels in inequality can be observed and analysed is to determine how people are related to the dynamics (via their national economies) of the contemporary world economic order. Are they marginalised, in a precarious position, or integrated? Furthermore, Cox assumes that the marginalised are a social force which could bring about transformation "from below." Following on from this assumption a number of claims about the marginalised can be deduced from CCT: they are inclined to political protest, they are dissatisfied with the political economic system of their country, they are politically apathetic, they are prone to low levels of political efficacy, they have turned "their back on the state" and belong to self-help associations, they are more inclined to participate in the activities of civil society and they are critical of neoliberal economic policies. The study's primary empirical question investigates whether the attitudes which Cox attributes to the marginalised are accurate. This is done through a detailed exposition of his core theoretical framework and a thorough conceptualisationloperationalisation of the marginalised, precarious and integrated. The area which is focused on is southern Africa. The vast majority of people in the region belong to the marginalised and the precarious components of Cox's economic hierarchy. They derive little or no economic benefit from greater openness and outward orientated forms of state. The question is whether they can be mobilised into a "counter-hegemonic social movement" (as Cox foresees) and how they view the role of the state. The second question is theoretical and is concerned with the usefulness and strong points of Cox's explanatory framework compared to other approaches which either (1) ignore the state as a point of entry for analysis, (2) regard it as the primary actor in the international system, (3) or "bypass" it because they predict its demise in a future post-sovereign world. I argue that it is incorrect to associate Cox's approach with the work of Richard Ashley, Mark Hoffman, Andrew Linklater and Mark Neufeld and to group them into a Critical Theory of International Relations school. Two important differences between Cox and these scholars are his incorporation of the state in a flexible, multiple points of entry framework and his resourceful combination of a diverse number of sources. The theoretical question is addressed by a substantive literature review of Cox's major publications in English and a representative review of the contributions made by Ashley, Hoffman, Linklater and Neufeld. In the reading of Cox's work, I focused on the development of his thinking, his major influences and on the epistemology and ontology of his core theoretical framework. The empirical question was investigated through a nationally representative survey of seven southern African states (Botswana, Lesotho, Malawi, Namibia, South Africa, Zambia and Zimbabwe) which was undertaken by a research consortium of the Institute for Democracy in South Africa's Public Opinion Service during 1999-2000. In terms of Cox's theoretical expectations ofthe marginalised the study found that, in southern Africa; their political protest potential is lower than the integrated, they participate less in politics and in civil society, they are not more inclined to belong to self-help associations, they are inclined to accord slightly more legitimacy to the state than the integrated, their economic values cannot be summarised as generally unsympathetic to "market" orientated policies, and that the majority (significantly more so than the integrated) think that the state should be the major provider of social services. The marginalised are more tolerant of authoritarian political alternatives, but are not significantly more dissatisfied (relatively) with the economy than the other groups. We cannot, therefore, uncritically accept Cox's assumption that the marginalised will act as a potential source of transformation "from below." Furthermore, in the countries which were part of the survey, the marginalised still regard the state as the primary source for development assistance and social services. There was, however, strong support for the claim that the marginalised are inclined to be more politically apathetic and less politically efficacious. A close reading of Cox's work and comparison with Ashley, Linklater, Hoffman and Neufeld revealed that they share some tenets with CCT. However, they cannot be grouped with Cox in a school of critical thought because their intellectual debt is mainly located in the work of Habermas and the Frankfurt School of Critical Theory, while CCT is influenced by a variety of sources (cf. Braudel, Carr, Gramsci, Khaldun, Marx, Sorel and Vico). This is an important and essential distinction to make because the empirical results of the survey data analysis validate Cox's focus on the mutual influence between social forces, forms of state and world orders. It is, therefore, more accurate to regard CCT as a "critical realist" theory of International Relations (cf. Richard Falk, 1997). It is recommended that, in a world order which is characterised by increasing inequality and the outward orientated form of state, public policy practitioners in developing states must reconsider the standard TINA (There is no Alternative) response to the critics of the openness principle. A more balanced approach to addressing inequality and poverty, which requires an outward/inward policy orientation is essential. What is needed, is a form of state which creates opportunities for the integrated but protects and assists those who are marginalised. This essential inward orientation remains one of the state's primary responsibilities, even in a postW estphalian world where there are other centres of authority.
- ItemDie politiek van transformasie : ’n analise van ekonomiese verandering in Suid-Afrika(Stellenbosch : Stellenbosch University, 2008-03) Bosman, Frouwien Reina; Du Toit, P. V. D. P.; Ewert, Joachim; Stellenbosch University. Faculty of Arts and Social Sciences. Dept. of Political Science.For the sake of continued social stability in South Africa it is imperative that the country’s so-called “partial transition” is completed through a process of meaningful socio-economic transformation that addresses the consequences of its history of unequal development. Transformation can thus be viewed as one of the primary challenges in the economic and socio-political landscape in South Africa. It is the task of social sciences to contribute to the general understanding of our social reality through systematic analysis and thereby promoting effective responses to social challenges. Current literature on the transformation process in South Africa focuses almost exclusively on the country’s political transition (as a change in power relationships) and analyses of socioeconomic inequality and descriptions of the successes and failures of policy measures that have been adopted since 1994 to promote the redistribution of economic resources. Three shortcomings in current literature on and the theoretical analysis of transformation were identified, namely: (i) the apparent disregard of the status implications of the redistribution of political and economic resources, (ii) the absence of analyses that problematise the transformation process as such (and specifically the sector and industry specific initiatives initiated to promote Black Economic Empowerment), and (iii) the lack of prescriptive guidelines for the management of transformation processes. It is the primary goal of this study to develop a theoretical framework in terms of which socioeconomic transformation can be analysed. Socio-economic transformation is described as a potentially contentious process and it is shown that the institutionalised and negotiated nature of transformation in the South African context allows us to interpret it in terms of theories of social conflict. Theory from the field of conflict studies, and specifically Social Identity Theory, is used to analyse the impact of the redistribution of power and material resources on the status of social groups and the concurrent implications for inter-group relationships. The theoretical model is also used to identify specific circumstances under which the stability of social relationships can be maintained amidst the redistribution of power and resources – i.e.: circumstances in which parity of esteem is maintained through mutual acceptance of the principles that underlie the distribution of resources, power and other sources of social status. A prescriptive model for the management of conflict that satisfies these requirements is developed from the theory of conflict transformation and is presented as a model for the management of transformation. This model suggests the achievement of social justice as the desired outcome of conflict management. In the absence of a satisfactory definition of social justice in the existing theory, John Rawls’s conceptualisation of justice is suggested as an analytical elaboration of the theory. A case study, namely the negotations on the Wine Industry Charter and the transformation of a key institution in the South African wine industry, is used to illustrate how the chosen theoretical model (and specifically the theoretical assumptions regarding the need for positive self-esteem) can by used by analysts to interpret information processes. The case study is also used to illustrate how the elements of the chosen prescriptive model for the management of transformation has been utilised. The study confirms the fact that the chosen theoretical model for the management of transformation was utilised in the formal transformation process in the wine industry (and specifically in the successful development of the Wine Industry Charter and the negotiations regarding the structure and nature of the South African Wine Council).