South Africa's Struggle for Human Rights: The History of Rights in South Africa

Notes

127 Notes Chapter 1: Introduction 1  Hugh Corder, ‘Constitution Reigns Whether Zuma Likes It or Not’, Business Day, 31.8.2011. 2  Arthur Chaskalson, ‘The Fragility of Rights’, in P.J. Salazar (ed.), Under the Baobab: Essays to Honour Stuart Saunders on his Eightieth Birthday (Cape Town, 2011), 10; Njabulo S. Ndebele,‘Renewing Citizenship’, www.zapiro.com. 3  My thanks to Mark Mazower for help with this formulation. 4  I am not seeking here to make rigorous formal distinctions between these different kinds of rights, as, for example, helpfully essayed by the political philosopher Raymond Geuss in History and Illusion in Politics (Cambridge, 2001). 5  Kader Asmal with David Chidester and Cassius Lubisi, Legacy of Freedom: The ANC’s Human Rights Tradition (Johannesburg, 2005). See also K. Asmal, Politics in My Blood (Johannesburg, 2011), 100, 105–6; ‘Democracy and Human Rights: Developing a South African Human Rights Culture’, New England Law Journal 27 (Winter 1992), 292; K. Asmal, L. Asmal and R.S. Roberts, Reconciliation Through Truth, 2nd edn (Cape Town, 1997), ch. 10. 6  B. Ackerman, ‘The Rise of World Constitutionalism’, Occasional Papers, Paper 4 (1996); http://digitalcommons.law. yale.edu. 7 S. Moyn, The Last Utopia: Human Rights in History (Cambridge, Mass., 2010), 3, 173. 8  Robin Blackburn, ‘Reclaiming Human Rights’, New Left Review 69 (May/June 2011), 135. 9 E. Borgwardt, A New Deal for the World: America’s Vision for 128 Human Rights (Cambridge, Mass., 2007), 34, 29. 10  Karel Vasak,‘A 30-Year Struggle. The Sustained Efforts to Give Force of Law to the Universal Declaration of Human Rights’, Unesco Courier (November 1977), 29. My thanks to Rob Skinner for alerting me to this article. Chapter 2: Burgher republicanism and colonialism 11  At the end of the 18th century there were around 15,000 free burghers at the Cape. 12  G. Groenewald, ‘An Early Modern Entrepreneur: Hendrik Oostwald Eksteen and the Creation of Wealth in Dutch Colonial Cape Town, 1702–1741’, Kronos 35 (2009); T. Baartman,‘Protest and Dutch Burgher Identity’, in N. Worden (ed.),Cape Town Between East and West (Johannesburg,2012). 13  G. Schutte, ‘Company and Colonists at the Cape, 1652–1795’, in R. Elphick and H. Giliomee (eds.), The Shaping of South African Society, 1652–1840 (Cape Town, 1989), 287. Schutte notes that ‘The proposal in 1786 that the confusing term “civil rights” (burgerregten) be deleted from the letters conferring freeburgher status was fully in accord with Company views’. See also the illuminating discussion by Yvonne Brink, ‘Changing Perceptions of Free Burgher Status and Identity at the Cape during the Period of VOC Rule’, in N. Worden (ed.), Contingent Lives: Social Identity and Material Culture in the VOC World (Cape Town, 2007), 414–15. 14  For a recent extended discussion of the Cape’s burgher gentry, see W. Dooling, Slavery, Emancipation and Colonial Rule in South Africa (Pietermaritzburg, 2007), ch. 1. Whereas landdrosts were salaried officials of the VOC, heemraden were unsalaried and drawn from the ranks of burghers. 15  H. Giliomee, ‘“Allowed Such a State of Freedom”: Women and Gender Relations in the Afrikaner Community before Enfranchisement in 1930’, New Contree 59 (2010). 16  The best discussion remains Nigel Penn, Rogues, Rebels and Runaways: Eighteenth-Century Cape Characters (Cape Town, 1999), ch. 3. 17 Schutte,‘Company and Colonists’, 316. 18 Giliomee, The Afrikaners: Biography of a People (London, 129 2003), 74; see also A. du Toit and H. Giliomee, Afrikaner Political Thought Analysis and Documents, vol. 1 (Berkeley and Cape Town, 1983). 19 Lyn Hunt, Inventing Human Rights: A History (New York, 2007), 135. 20 S. Huigen, Knowledge and Colonialism: Eighteenth-Century Travellers in South Africa (Leiden, 2009), 171–2. 21 John Barrow, Travels into the Interior of Southern Africa in the Years 1797 and 1798, vol. 1 (London, 1801), 151–2, 157, 205–6. 22 C.A. Bayly, Imperial Meridian: The British Empire and the World 1780–1830 (London, 1989), 202. 23  See Susan Maslan,‘The Anti-Human: Man and Citizen before the Declaration of the Rights of Man and of the Citizen’, South Atlantic Quarterly 103, 2/3 (2004); also Moyn, The Last Utopia, 25–6. Chapter 3: Humanitarianism 24 Giliomee, The Afrikaners, 105–7. Notwithstanding the fact that Stockenström – who regarded himself as an Afrikaner – was a slave-holder. 25 W.M. Macmillan, The Cape Colour Question: A Historical Survey (London, 1927), 212–13, 211n1; Albie Sachs, Justice in South Africa (Sussex, 1973), 18–19...