Browsing by Author "Teuteberg, Salome Marjanne"

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    The endurance of Lebanese consociational democracy
    (Stellenbosch : Stellenbosch University, 2011-03) Teuteberg, Salome Marjanne; Du Toit, P. V. D. P.; Stellenbosch University. Faculty of Arts and Social Sciences. Dept. of Political Science.
    ENGLISH ABSTRACT: The small Middle Eastern country of Lebanon was once recognised as the exemplar of power-sharing democracy, upholding a system that promoted peace and coexistence between Christians and Muslims. Power was divided proportionally amongst confessional groups, granting each sect power according to their demographic proportion. This division of power was aimed at promoting national unity, but changes in the Lebanese demography made the division undemocratic, and the constitution no longer accurately represented Lebanese society. The 1926 constitution, supplemented by the National Pact in 1943, which had upheld this division of power, baulked under the pressure of a 15-year civil war, to the surprise of many scholars who had praised the Lebanese system. While many place the blame on the outside influences, it has been determined that the problem lay within the system. The static characteristic of the system did not sufficiently provide for changing demographics, or a change in interest groups. The problem lay in the fixed nature of the proportionality of the consociational system. The prolonged civil war, sometimes referred to as a proxy war between Israel and Syria, came to an end with the signing of the Taif Accord in 1990. Though none were satisfied with its provision, the Accord brought an end to the escalating violence. The Accord paved the way for the rebuilding of state institutions, enabling parliamentary elections in 1992 and 1996; general municipal elections in 1998; the peaceful transfer of power between presidents; as well as the reconstruction of the Lebanese economy. The main objective of this study of Lebanon is to determine whether the amended Lebanese constitution of 1990 adheres to the principles provided in the theoretical framework regarding constitutional endurance. This study is in the form of a qualitative case study. It aims to describe, at length, and to form an in-depth understanding of the actors and events leading up to the Taif Accord, as well as the formation and implementation thereof. The research questions include: What factors relating to flexibility, specificity and inclusion contributed to the breakdown of the 1943 National Pact?; What steps were taken leading to the Taif Accord?; and Have the changes made in the Lebanese constitution by means of the 1990 Taif Accord facilitated the endurance of the constitution? The study aims to contribute through its application of the theoretical framework to a particular case study, namely that of Lebanon. By 'testing' this theoretical framework, this study also provides an in-depth analysis of the happenings in Lebanon over the past 80 years. It remains in question whether the Taif Accord‟s amendments to the constitution have sufficiently provided for the resilience of thereof. Twenty years of relative peace have not convinced Lebanese citizens of the legitimacy and efficacy of the Accord. While the over-centralisation of power within the system was curbed by shifting power away from the president to a cabinet equally divided between Christian and Muslims, the Accord failed to effectively deal with the preset nature of the proportionality within the system. 20 years of relative peace may be enough to ensure the endurance of the constitution, but regional factors as well as the presence of radicalised groups play an important role in destabilising the fragile balance within the country. Should the Lebanese state continue to be inclusive and flexible in the wake of a constantly changing environment, it may endure. However, the tumultuous nature of the region in which Lebanon finds itself may eventually provide external shocks that the Lebanese system fails to weather. The hope is that the system builds on sound, systemic foundations in order to be able to endure regional conflict.
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    A 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.