Doctoral Degree (Constitutional Law and Philosophy of Law)

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Browsing Doctoral Degree (Constitutional Law and Philosophy of Law) by Author "Brand, J. F. D."

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    Xenophobia against non-national academics employed at higher education institutions in South Africa: A legal perspective
    (University of the Free State, 2022) Naidoo, Amanda; Brand, J. F. D.
    In this thesis I explore xenophobia against non-national academics at higher education institutions in South Africa, with a specific focus on the legal and policy protections afforded to them. Xenophobia is a national as well as a global phenomenon and manifests in South African society. Although much research has been conducted on xenophobia in general, the position of the non-national academic in relation to xenophobia has not been extensively investigated. I this thesis, therefore, I highlight first, the need to examine the non-national academics' experience of xenophobia within the higher education space and secondly, the legislative and policy protections available to this category of employee. Since xenophobia is a type of discrimination and is linked to issues of equality, I examine xenophobia against the background of existing scholarship on equality and discrimination. The theoretical approach to the study is located in the theories of Tajfel & Turner as well as Harris which focus on xenophobia and social exclusion. The conclusions drawn from the research are that xenophobia against non-national academics in the higher education context does exist and manifests in a covert or symbolic way instead of in a violent manner. While there exist international treaties, national laws, institutional policies, and case law which cater for the rights of non-national academics to some extent, these do not provide adequate legal protection for this group. I recommend the passing of xenophobic-specific legislation to enhance enforcement and accountability and for higher education institutions to specifically provide for xenophobia in its policies. I also conclude that non-national academics would best benefit from the notion of transformative substantive equality since this notion speaks to changes being made to structures within institutions to achieve equality.