South Africa's PNR regime: Privacy and data protection

There has been an increase in the collection and use of Passenger Name Record (PNR) data for security purposes globally. Though academic analysis of this trend has remained focused largely on the North American and European context, the Government of South Africa has been using PNRs since 2014 for security purposes. South Africa was the first country on the African continent to implement such a regime and is one of only thirteen states internationally to link its Advanced Passenger Information (API) and PNR systems. While there has been little attention on South Africa's use of PNRs, an inquiry into the country's PNR practices reveals striking privacy concerns, including the potential permanent retention of PNR data and a failure of the state to fully disclose if, and under what conditions, PNR data can be shared with other states. While South Africa has implemented a PNR regime that is comparable to the highest international standards, the data protection requirements appear to be far less developed. In fact, South Africa's PNR regime remains enigmatic as all indications and mention of PNR are elusive and scattered across government publications. As such, this paper aims to provide an introduction into the elements of South African PNR use, including the implications as they relate to law, data protection, and privacy.     

In search of interactive globalisation: Critical criminology in South Africa's transition

Maureen Cain (2000) identifies orientalism and occidentalism as features of much criminological writing on ``non–western' societies. As alternatives to these opposite but complimentary tendencies, she argues for the possibility of mutual and reciprocal learning under conditions of interactive globalisation. The purpose of this article is to look for evidence of orientalism, occidentalism and interactive globalisation in the exchange of critical criminological ideas between North and South during the period of South Africa's transition to democracy. The discussion focuses on two bodoes of critical criminological work –– left realism and nodal governance theory –– and traces their development–in–use both as examples of criminological theorising and attempts to reshape the practice of policing. traces of orientalism and occidentalism are detected in the evolution of critical criminology in South Africa over the last 25 years, but it is argued that the exchange of criminological ideas has been far from unidirectional and can indeed be characterised as a continuing process of interactive globalisation.     

South Africa's Implementation of the ICC Statute: An African Example

In this article, the author analyses the most important provisionsof South Africa's Implementation of the Rome Statute of theInternational Criminal Court Act, 2002. In particular, attentionis given to the complex complementary scheme that is establishedunder the Act, including the jurisdictional bases under theAct for South African prosecution of war crimes, crimes againsthumanity and genocide; the substantive law that applies to anyprosecution of an ICC crime undertaken on South African soilpursuant to the Act; and the procedure to be followed in respectof such a prosecution. Other topics examined include the problemof immunities and amnesties in the South African context, andthe mechanisms devised by the Act to ensure South Africa's cooperationwith the ICC in respect of any investigation or prosecutionundertaken by the Court. The author concludes that the implementationAct is likely to serve as a meaningful example for other AfricanStates Parties in their efforts to domestically give effectto their obligations under the Rome Statute.     

Politics by Other Means in South Africa Today

Rick Abel's classic Politics by Other Means (1995) used South Africa to argue for law's ‘potential nobility’, but it did so avoiding a heroic mode characteristic of much anti-apartheid writing. Abel showed how law could, with strenuous exertion, be turned into a defensive shield for the oppressed. As a sword, however, it was ‘two-edged’. It allowed the powerful to frustrate or overturn hard-won symbolic victories. Recently, the heroic mode has returned to South Africa. The Constitutional Court, in particular, is lauded for having combated ‘state capture’ under deposed President Jacob Zuma. A closer examination of this period, however, does much to vindicate Abel's earlier scepticism about law's offensive value. The spectacular deployment of law to fight politicians’ crimes has exposed the judiciary to unexpected political threats. Meanwhile, civil society's efforts to entrust judges with administrative duties shirked by the government has inevitably entailed the sacrifice of some rule of law values.     

The impact of South Africa's new constitution on the organization of health services in the post-apartheid era

This essay evaluates the transformation of the health care system in South Africa in the five years following the end of apartheid. This period has witnessed dramatic and wide-ranging changes in the roles of the central and provincial governments as well as many of the same problems related to decentralization as have been seen elsewhere in the world. The importance of effective intergovernmental relations to the creation of a national health system is highlighted. Negotiation. contracting, and coordination skills and mechanisms need to be strengthened to ensure a more effective national health system within a decentralized political system.     

Cultural Planning and Urban Renewal in South Africa

The author explores the role of cultural planning as a planning tool in South Africa. He argues that cultural planning contributes to arts "as an intrinsic part of the way humans operate in the world" (Bamford 2006, 19), thereby focusing on cultural identity, creativity, and the globalization of culture. Arguing that cultural planning, as an engine for community development, is essential in South Africa, the author examines the broad definition and importance of cultural planning; the status of South African cities, particularly Johannesburg and Tshwane in Gauteng Province; and the requirements for successful cultural planning.     

South Africa's unintended experiment in school choice: how the National Education Policy Act,the South Africa Schools Act and the Employment of Educators Act create the enabling conditions for quasi-markets in schools

School choice is often identified with right-leaning, voucher-happy, market-oriented public school systems like those found in the United States. Thus, the proposition that a social democratic state such as South Africa will offer many primary and secondary school learners far greater choice strikes many as counter-intuitive and implausible. The authors demonstrate that the three major pieces of education framework legislation—National Education Policy Act (NEPA), South Africa Schools Act (SASA) and Employment of Educators Act (EEA)—conspire with recent historical events and deep political and constitutional commitments to create South Africa's unintended experiment in school choice.

The authors emphasize that the legal framework created by legislation and regulation are necessary but not sufficient conditions—they prefer to call them enabling conditions—for the creation of quasi-markets in schools. The generation of quasi-markets in schools depends on several other factors required for all markets. The absence of many of these features in much of South Africa explains why the majority of South African learners do not have access to quasi-markets in schools. The absence of such features is largely a function of apartheid's legacy of deeply entrenched patterns of inequality in primary and secondary schooling.

Having demonstrated that historical, political, legal and economic conditions had the unintended consequence of producing school choice—and that school choice was not the result of the state's adoption of a conscious and deliberate policy—the authors examine the state's response to this de facto policy. The authors remain agnostic as to the desirability of the de facto policy and conclude with an exploration of some of the primary critiques of choice in South Africa. While they dismiss the ‘political’ critiques as largely facile, the available empirical evidence suggests the limited systemic benefits and the potentially deleterious consequences for the poorest of the poor who reside in areas where quasi-markets exist. The state's current ‘conscious’ attempts to re-engineer a modest mixed model, that emphasizes access to existing quasi-markets—and thus exploits superior existing school stock for the benefit of learners from historically disadvantaged communities—and that shifts public resources to those schools in the greatest need, accords with what little we know about the advantages and disadvantages of choice.     

政治

胡锦涛强调节约资源 5月8日,国家主席胡锦涛在江苏省考察时指出,中国要努力构建资源节约型国民经济体系和资源节约型社会。 胡锦涛强调,可持续发展战略事关中华民族的长远发展,各地区在推进发展的过程中,要抓好资源的节约和综合利用,大力发展循环经济,抓好生态环境保护和建设。     

Mothers, Extraordinary Labor, and Amacasual: Law and Politics of Nonstandard Employment in the South African Retail Sector

This article examines changing social meaning embodying legal categories of nonstandard employment within South African retailing between the 1950s and the postapartheid period. Using archival and interview material, the article shows how trade unions constructed part-time and casual employment through gendered, class, and racial meanings to produce two very different legal categories. Black workers' rights claims in the 1980s developed within these changing socio-legal parameters. The image of the full-time permanent worker became political agent, and in the postapartheid period, increasing numbers of casual workers became marginalized from the union. The relationship between rights and regulation gives us a more complex way of understanding worker politics.     

“远离政治“:一种针对“政治“的姿态:论30年代“京派“等作家群体的政?…

中国３０年代特殊的政治化语境构成了特殊的学氛围,由此形成了学发展在总体上的政治化趋向。无论是学群体还是作家个人,不管其主观上打出怎样的超脱政治的旗员,提出学远离政治的主张,但在事实上这种旗员的主张都在某种意义上成一种政治的表态,即使是向来被人们称之为“远离政治”的京派”等作家群体也未能成粉列外。     

Access to Medicines and the Transformation of the South African State: Exploring the Interactions of Legal and Policy Changes in Health,Intellectual Property,Trade, and Competition Law in the Context of South Africa's HIV/AIDS Pandemic

Access to essential medicines remains highly contested around the globe and a vital issue in South Africa. At the same time, the HIV/AIDS pandemic and the demand for medical services are having important political and social consequences in a society heavily impacted by the pandemic. Legal and institutional changes within the postapartheid state in South Africa are in part a reflection of the interaction of opportunities and constraints both within and across the country's geographical boundaries. The transformation of state institutions in this context has been set in motion and shaped by different policy imperatives: from demands for medical care to the promotion of economic competition and the need to implement international trade commitments, including specific levels of intellectual property protection. Despite a strong commitment to social change, to address the legacies of apartheid, as well as the relative strength and political will of the dominant political party, the African National Congress, the transformation of a number of state institutions was significantly framed by the global environment in which the country found itself. In the context of South Africa's democratic transition and the devastating HIV/AIDS pandemic, the state responded to a range of shifting opportunities and constraints, whether real or perceived. As a result, impetus was given to different policies and competing political and economic factions, enabling particular institutions and rules to be embraced, created, reshaped, or simply foregone.     

论南海仲裁案的法律与政治——国际批判法学的视角

南海仲裁案深刻地蕴含着法律与政治之间的关系。国际法中的政治主要是指国家政治,即国家根据自身利益和意志而行动。国际法中还存在由超越国家政治的组织来调整国家行为的理想,这种理想属于国际主义。然而在现实中,国际主义往往被国家政治所利用,从而产生了虚假的国际主义。虚假的国际主义是貌似合法但实质上不正当的国家政治。菲律宾、临时仲裁庭和美国、日本都属于虚假的国际主义,分别对应工具的国际主义、错误的国际主义和虚伪的国际主义。国际批判法学揭示了这三者所涉法律背后的政治。     

The Politics of Constitution Making: Transforming Politics into Constitutions

According to our conventional perception of the interrelations between revolutions and constitutions, constitutions perpetuate the interests of the victorious forces of the revolution. This paper analyzes the distinctive character of the revolutions of 1989 in East and Central Europe with respect to their claim to constitutionalism. The main characteristic of these revolutions is the disbelief of their proponents in the postulate of a homogeneous unitary popular will which imposes itself on the society. Intead, two different concepts of civil society have been emerging, both of which can be connected with a more elaborate notion of constitutionalism. Constitutions can be understood as institutional devices which encourage the endurance of their legality without being entirely dependent on either the principle of self-interest or the idea of pre-political consensus.