Life after judgment: the Nokotyana case re-examined*

The progressive realisation of socio-economic rights as enshrined in South Africa’s Constitution remains a pipe dream for many poor and vulnerable people, 23 years after the collapse of apartheid. In the case of Nokotyana and Others v Ekurhuleni Metropolitan Municipality and Others, the Constitutional Court (CC) decided on the interpretation of the rights of access to basic services such as sanitation and high mast lighting. In this case, community members from Harry Gwala informal settlement near Johannesburg compelled the state, through courts of law, to upgrade the settlement and to provide basic services. Although the CC did not engage with the content of the socio-economic rights claimed by the community, it did eventually order the state to upgrade the settlement within fourteen months of the judgment. This article discusses the extent to which the state complied with the judgement and what kinds of challenges were experienced in implementing the court order. Empirical data was collected through interviews with different actors. The findings highlight the complexities surrounding implementation of the court judgement.     

Croatian Anti‐Fascism in the Second World War: An Australian Perspective

The historiography of the Second World War in Yugoslavia rests on the dichotomous resistance/collaboration paradigm pitting “Yugoslav” resisters against extreme nationalist collaborators. This historiography also presents us with a Balkanist interpretation of the war as exceptionally savage and brutal. The collapse of Yugoslavia led to the collapse of the Partisan Epic. It also led to the rise of nationalist historiographies of the war and the rehabilitation of collaborators, notably the Serbian Chetniks. A corrective to the exceptionalism of many standard studies of the war in Yugosalvia may be found in an analysis of the experiences of Australian Yugoslavs and their perceptions of resistance and collaboration. Based almost entirely on hitherto underutilised archival sources, this article traces the differences between two rival Yugoslav groups in Australia: (mostly Serbian) royalist supporters of the Chetniks and the old centralist regime, and Croatian supporters of Tito's Partisans and the idea of a new, federative Yugoslavia. It demonstrates that both groups were adept at mobilising opinion and actively engaging in the political process to advance their cause. However, the Croats and their organisational structures had a wider reach. Furthermore, they were able to demonstrate that they were contributing more to the Allied cause — which was their own — than their rivals. This had an impact on their standing in Australian society and on attitudes towards Yugoslavs and Yugoslavia. Finally, this article sheds new light on the Australian home‐front, revealing the generally civil and tolerant attitude of state and commonwealth governments towards “friendly aliens” in their desire both to be connected to their country of birth and integrated into their adopted homeland.     

浅析新秩序时期后的印尼伊斯兰教

印尼是伊斯兰教徒最多的国家 ,伊斯兰问题在印尼向来是比较敏感的。新秩序之后 ,伊斯兰问题尤为突出 :内部派别矛盾加剧 ,各政党四分五裂 ;在外则与基督教之间的冲突和骚乱此起彼伏。印尼国家及民族的统一和团结正经受严峻的考验 ,印尼的伊斯兰面临艰难的抉择。     

Post‐War Reconstruction and the New World Order: The Origins Of Gough Whitlam's Democratic Citizen*

Gough Whitlam's father was one of Australia's most significant public servants. Deputy Crown Solicitor and Crown Solicitor at a time of great constitutional and international change, Frederick Whitlam maintained an unusually advanced perspective on the use of international instruments to protect rights and to expand powers of nationhood. Gough Whitlam's war‐time experiences in the Air Force, in particular during the referendum campaign to expand Commonwealth Powers to aid post‐war reconstruction, cemented these aspects as central to his developing notions of democratic citizenship. In his 1973 Sir Robert Garran Memorial lecture, fourteen years after his father had delivered the inaugural oration, Gough Whitlam acknowledged the influence of his father as a “great public servant” committed to public service and the developing institutions of internationalism: “I am Australia's first Prime Minister with that particular background”. This paper explores “that particular background”. I have never wavered from my fundamental belief that until the national government became involved in great matters like schools and cities, this nation would never fulfil its real capabilities. ¹ 1 E.G. Whitlam, Sir Robert Garran Memorial Oration, “Australian Public Administration under a Labor Government”, Royal Australian Institute of Public Administration, 12 November 1973, < http://www.whitlam.org/collection/1973/ > accessed 31 October 2006.
     

The Polish Shipyard: Myth,Economic History and Economic Policy Reform in New Zealand*

The New Zealand economy before the election of the Fourth Labour Government in 1984 is often portrayed as something not only highly regulated — but as something uniquely so amongst developed nations, with a stagnant economy declining in the post‐war era and nearing collapse by the 1984 election — the Polish shipyard. We show that New Zealand was not overly‐regulated by the standards of the time, with many of its policies reflecting development elsewhere; it was generally liberalising in the post‐war era and its economic decline and supposed collapse have been considerably overstated. This invented history gave impetus to radical economic reform after 1984 by framing the apparently failed and bizarre past as forcing inevitable solutions. It is an important constraint on policy‐making in New Zealand, allowing policy to develop only along certain “appropriate” paths. It provided cohesion for policy makers in the face of less than certain results and harnessed emotional and intellectual energy towards the free‐market quest, while legitimating certain policy directions and de‐legitimating others.     

New Public Management and Public Sector Reform in Victoria and New Zealand: Policy Transfer,Elite Networks and Legislative Copying*

In the early 1990s, Victoria reformed its state sector along New Public Management (NPM) lines. Drawing on interviews with key policy‐makers of the time, including chief executives, ministers and key officials from both jurisdictions, and using archival material and secondary sources, this article shows that New Zealand developments were a key source for Victoria's reforms — even down to seemingly copying passages of legislation. Policy transfer took place within a supporting framework of an Anglo‐American diffusion of NPM rhetoric and neoliberal ideas. But New Zealand's experiences gave content, form and legitimation to Victoria's reforms, while providing a platform and experience for learning and divergence, and a group of transferable experts. We underline the importance of the Australia‐New Zealand relationship and trans‐Tasman elite networks in understanding the governance of both countries.     

New Democracy and Alternative Culture: Jazz in West Germany after the Second World War

The American Forces who occupied Germany in 1945–46 had hoped that popularising jazz music might assist in the redemocratisation of Germans under the age of thirty. The Amerika‐Häuser established by the US State Department to build a cultural foundation for democracy amongst younger Germans, and American Forces Network radio each contributed to the gradual emergence of a West German jazz culture which was marked by a series of jazz festivals and the development of a viable recording industry. However most strata of German society neither understood nor cared about jazz. Jazz became confused with — and diluted by — rock ‘n’ roll. Both were rejected as unwanted “Americanization”. Fewer than ten percent of teenagers acquired any taste for jazz. Its appeal was confined to the more privileged and educated. Hence the jazz culture which did recruit itself from the surviving remnants of the Third Reich did not provide an impetus toward democracy.