This is the text of the sixth Geoffrey Sawer Lecture given by Professor Murray on 7 November 2003, in which she discusses South Africa's controversial attempts to accommodate traditional leaders in its democratic order.

This book sets out to assess the role and impact of socio-economic strategies used by civil society actors in South Africa. Focusing on a range of socio-economic rights and national trends in law and political economy, the book's authors show how socio-economic rights have influenced the development of civil society discourse and action.

Includes bibliographical references and index.

In Eight Zulu Kings, well-respected and widely published historian John Laband examines the reigns of the eight Zulu kings from 1816 to the present. Starting with King Shaka, the renowned founder of the Zulu kingdom, he charts the lives of the kings Dingane, Mpande, Cetshwayo, Dinuzulu, Solomon and Cyprian, to today's King Goodwill Zwelithini whose role is little more than ceremonial. In the course of this investigation Laband places the Zulu monarchy in the context of African kingship and tracks and analyses the trajectory of the Zulu kings from independent and powerful pre-colonial African rulers to largely powerless traditionalist figures in post-apartheid South Africa.

Includes bibliographical references.

This incisive, deeply informed book introduces post-apartheid South Africa to an international audience. South Africa has a history of racism and white supremacy. This crushing historical burden continues to resonate today. Under President Jacob Zuma, South Africa is treading water. Nevertheless, despite calls to undermine the 1994 political settlement characterized by human rights guarantees and the rule of law, distinguished diplomat John Campbell argues that the country’s future is bright and that its democratic institutions will weather its current lackluster governance. The book opens with an overview to orient readers to South Africa’s historical inheritance. A look back at the presidential inaugurations of Nelson Mandela and Jacob Zuma and Mandela’s funeral illustrates some of the ways South Africa has indeed changed since 1994. Reviewing current demographic trends, Campbell highlights the persistent consequences of apartheid. He goes on to consider education, health, and current political developments, including land reform, with an eye on how South Africa’s democracy is responding to associated thorny challenges. The book ends with an assessment of why prospects are currently poor for closer South African ties with the West. Campbell concludes, though, that South Africa’s democracy has been surprisingly adaptable, and that despite intractable problems, the black majority are no longer strangers in their own country.

Throughout the world many sovereign states grant one or more of their territories greater autonomy than other areas. This arrangement, known as asymmetric autonomy, has been adopted with greater regularity as a solution to ethnic strife and secessionist struggles in recent decades. As asymmetric autonomy becomes one of the most frequently used conflict resolution methods, examination of the positive and negative consequences of its implementation, as well as its efficacy, is vital. Asymmetric Autonomy and the Settlement of Ethnic Conflicts assesses the ability of such power distribution arrangements to resolve violent struggles between central governments and separatist groups. This collection of new case studies from around the world covers a host of important developments, from recentralization in Russia, to "one country, two systems" in China, to constitutional innovation in Iraq. As a whole, these essays examine how well asymmetric autonomy agreements can bring protracted and bloody conflicts to an end, satisfy the demands of both sides, guarantee the physical integrity of a state, and ensure peace and stability. Contributors to this book also analyze the many problems and dilemmas that can arise when autonomous regions are formed. For example, powers may be loosely defined or unrealistically assigned to the state within a state. Redrawn boundaries can create new minorities and make other groups vulnerable to human rights violations. Given the number of limited self-determination systems in place, the essays in this volume present varied evaluations of these political structures. Asymmetric state agreements have the potential to remedy some of humanity's most intractable disputes. In Asymmetric Autonomy and the Settlement of Ethnic Conflicts, leading political scientists and diplomatic experts shed new light on the practical consequences of these settlements and offer sophisticated frameworks for understanding this path toward lasting peace.

The new series Stellenbosch Handbooks in African Constitutional Law will engage with contemporary issues of constitutionalism in Africa, filling a notable gap in African comparative constitutional law. Separation of Powers in African Constitutionalism is the first in the series, examining one of the critical measures introduced by African constitutional designers in their attempts to entrench an ethos of constitutionalism on the continent. Taking a critical look at the different ways in which attempts have been made to separate the different branches of government, the Handbook examines the impact this is having on transparent and accountable governance. Beginning with an overview of constitutionalism in Africa and the different influences on modern African constitutional developments, it looks at the relationship between the legislature and the executive as well as the relationship between the judiciary and the political branches. Despite differences in approaches between the different constitutional cultures that have influenced developments in Africa, there remain common problems. One of these problems is the constant friction in the relationship between the three branches and the resurgent threats of authoritarianism which clearly suggest that there remain serious problems in both constitutional design and implementation. The book also studies the increasing role being played by independent constitutional institutions and how they complement the checks and balances associated with the traditional three branches of government.

What are the prospects and means of achieving development through a democratic politics of socio-economic rights? Starting from the position that socio-economic rights are as legally and normatively valid as civil and political rights, this anthology explores the politics of acquiring and transforming socio-economic rights in South Africa. The post-apartheid South African experience shows that democracy is not a guarantee for elimination of poverty and inequality, but also that democratic institutions and politics may provide means for addressing past and present injustices. Thus it is argued that democratic politics of socio-economic rights democratises development while also developing democracy.

In its modern history, Africa has experienced different waves of constitutional ordering. The latest democratisation wave, which began in the 1990s, has set the stage over the past decade for what is now a hotly debated issue: do recent, new, or fundamentally revised constitutions truly reflect an African constitutional identity? Thoughtfully navigating a contested field, this volume brings to the fore a number of foundational questions about African constitutionalism. Constitutional Identity and Constitutionalism in Africa asks whether the concept of constitutional identity clarifies our understanding of constitutional change in Africa, including an exploration of the relationship between constitutional identity and a country's unique culture(s) and histories. Building on this, contributions examine the persistent role of colonial heritages in shaping constitutional identity in post-Independence African nations, and the question of path-dependency. Given the enduring influence of the colonial experience, the volume asks how, why, and to what end African constitutions must be 'decolonised' to form an authentic constitutional identity. This theoretical insight is supplemented and further deepened by detailed case studies of South Africa, Ethiopia, Cape Verde, Cameroon, and Egypt and their diverse experience of constitutional continuity and change. This volume in the Stellenbosch Handbooks in African Constitutional Law series, brings together contributions from established scholars and emerging voices on the study of constitutional processes. They provide an urgent critical analysis of existing paradigms, concepts and normative ideologies of modern African constitutionalism in the context of constitutional identity.