The Zuma moment: between tender-based capitalists and radical economic transformation

ABSTRACT

The Jacob Zuma Presidency (2009–2017) was dogged by persistent allegations of corruption and the looting of State Owned Enterprises (SOE’s) by those allied to him. It led to allegations of state capture that placed the Gupta family at the centre of this project. These allegations have been highly contested, with Zuma supporters arguing that he has come under attack because of his support for the BRICS alliance (Brazil, Russia, India, China, South Africa), which they hold challenges Western imperial interests. Alongside this are those aligned to the Gupta family, arguing that the real culprits of state capture, both historically and in contemporary South Africa, is White Monopoly Capital (WMC), through its ability to determine macro-economic policy. At the heart of this contest is what has come to be known as tender-based capitalists who sought to use access to SOE’s for the accumulation of capital. This process has been defended on the basis that it has the potential to lead a radical economic transformation (RET) that that can challenge the power of WMC. Others have held that this argument is a mere fig leaf for the looting of state coffers, eroding its capacity for deeper developmental initiatives and fostering a parasitic class. This article that focusses on this debate that entered the heart of the African National Congress (ANC) and threatened to tear it apart takes the form of a conjunctural analysis; conjuncture defined as an amalgam ‘of circumstances, a convergence of events, an intersection of contingencies and necessities, a complex, overdetermined state of affairs-usually producing a crisis, leading to breaking point, driving to historic crossroads’ (Mowitt 2015 Mowitt, John. 2015. “In The Conjuncture.” In Cultural Critique. Vol. 89, 125–127. Minneapolis: University of Minnesota Press. [Google Scholar], 125).     

诉讼保障制度的必要性

法官自由裁量权的存在 ,使司法裁判过程既受到社会各方面的广泛关注 ,同时也不可避免地受到来自国家、社会、当事人 ,乃至社会公众舆论等各方面正当或不正当的影响 ,正确分析和了解这些因素对司法过程的不同影响 ,有助于我们进一步完善诉讼保障体制 ,以尽可能地减少或者防止其对司法独立与司法公正可能的不良影响。     

国家赔偿法弊端管见

国家赔偿法自实施多年来 ,赔偿案件少 ,赔偿数额低 ,获赔困难 ,有失当初立法的良好初衷。文章从立法方面对国家赔偿法存在的弊端作了一些探讨。     

Interrupted evolution: the Serbian medieval assembly (Sabor)

This article discusses the origins, evolution, composition and competence of the State Sabor – the assembly of medieval Serbia. Since there are no preserved written documents that prescribe its structure, competence or decision-making procedure, all research regarding the Sabor has to be based on the accounts of individual Sabors held throughout Serbian medieval history. This article also aims to show the power relations between the Sabor and the monarch and to determine the criteria according to which matters were taken before the Sabor. Finally, a short comparison is made of the Sabor to the assemblies of neighbouring countries – Bosnia, Byzantium and Hungary. The article concludes with some final remarks about the nature of the Sabor and its legacy after the conquest of Serbia by the Ottoman Empire.     

高校国家助学贷款的问题与对策

国家助学贷款是我国对普通高校经济困难学生所采取的一项重大资助措施,但存在着一定程度的学生欠贷、银行惜贷、后期管理难等问题。本文就此问题进行了分析,并提出相应对策。     

侵犯国家秘密犯罪立法研究

一个国家的法制总是有一个从不完备到完备的发展过程,尽管在修订1979年《刑法》时,立法者为了使新《刑法》的"侵犯国家秘密犯罪"具有科学性,已采取了一些合理的举措,但在犯罪分类、罪状表述、法定刑配置等方面仍存在一定的缺陷。对此,在现阶段,应通过刑法修正案等方式对有关条文予以完善;在重新修订刑法典时,则有必要重建其体系。     

社会福利保障的宪法路径选择

世界各国宪法保障社会福利有两种模式,一种是在宪法中列举各种社会权利的"社会权"保障模式,另一种是仅在宪法中明确建设社会国家的原则或者类似条款的"社会国"保障模式。从我国《宪法》的现有规定及其变迁、宪法的解释与学界的解读看,我国属于"社会权"模式。"社会权"保障模式的缺陷是随着民众追求平等意识的成长、市场机制的扩展和公民权利意识的增强,社会福利可能借助宪法无序、无限地扩张。通过淡化社会福利的权利性质、转变社会权的合宪性审查的方向、扩展反射利益推进社会福利以及贯彻宪法设立的可承受性、适度性原则,可以推进我国社会福利宪法保障模式由"社会权"模式向"社会国"模式转换。     

STATE LAW AND THE TERMINATION OF PARENTAL RIGHTS

This paper presents the findings from a content analysis of state laws authorizing the termination of parental rights. The analysis yielded a taxonomy of termination criteria and it identified those criteria that were most widely adopted by the states. State termination criteria were compared to those listed in the Adoption and Safe Families Act (ASFA) of 1997. The comparison shows that state laws identify more types of termination criteria than are listed in ASFA. In addition, criteria related to neglect and “parental failure” were often ambiguous and lacked detail. The study identifies possible directions for research on state termination law.     

Leadership Styles as Perceived by Career Senior Service Executives

Abstract

This study identifies the prevailing leadership styles of career Senior Executive Service (SES) members of the Federal Government. This study also determines if an association exits between SES member's self‐perceived leadership style and personal characteristics, such as gender, years in the Federal Service, and highest academic degree earned. The study population consists of 6395 career SES members. A random sample of 364 career SES members was selected. The selected group was asked to respond to a demographic data questionnaire and the Styles of Leadership Survey (SLS). Over 34% of the sample completed the instrument and data questionnaire. This study reveals that Strategic Leadership Style (5/5) is the dominant self‐perceived leadership style of career SES members. The personal characteristics of gender, years employed in the Federal Government, and educational attainment were identified as being significant factors influencing leadership styles of Federal Government executives.     

论我国犯罪被害人国家补偿制度的构建

对因暴力犯罪而致生命、健康遭受侵害之被害人国家补偿不仅是一种道义上的"善行",更是一项国家的法律责任。建立我国犯罪被害人国家补偿制度的必要性和合理性已经达成共识,但"如何建构的问题"却依然存在着较大争议。借鉴国外成功的经验,立足中国实际,深入系统地探讨犯罪被害人国家补偿的对象、适用条件、补偿程度、资金来源及管理机构、补偿程序等重要问题,对于我国犯罪被害人国家补偿制度的科学建构具有重要的意义。