JCH 2010 Volume 35 Issue 2
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Browsing JCH 2010 Volume 35 Issue 2 by Subject "Constitution of the Republic of South Africa, 1996"
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Item Open Access The South African National Defence Force, 1994–2009: A historical perspective(Faculty of the Humanities, University of the Free State, 2010-09) Wessels, AndreOn 27 April the new South African National Defence Force (SANDF) was established, comprising of the old South African Defence Force, plus the defence forces of the TBVC countries, the military wings of the African National Congress and Pan-Africanist Congress, as well as certain KwaZulu-Natal Self-protection Forces. Proceeding from the assumption that any country undeniably needs a well-trained, well-equipped and disciplined defence force, it is the purpose of this article to provide a review of the history of the SANDF in the first 15 years of its existence (i.e. 1994-2009), and to critically analyse the developments in the SANDF during those years. The track record of the SANDF in the years 1994 to 2009 is evaluated, with special reference to integration, affirmative action and transformation in general. The SANDF’s order of battle in 2009 is compared with its 1994 order of battle; and the problems/challenges faced by the SANDF in the course of 15 years are discussed, including the controversial arms deal, the impact that HIV/AIDS has had on the SANDF, rationalisation, problems with regard to discipline, and the SANDF’s role in peace-keeping operations.Item Open Access South Africa’s constitutional development: a matter of Machiavelli’s Prince and Hobbes’ Leviathan rather than Montesquieu’s Spirit of the laws?(Faculty of the Humanities, University of the Free State, 2010-09) Labuschagne, PieterThe democratisation and constitutional development of South Africa from a dominant parliament to a new constitutional order with a supreme constitution, was a significant development in the country’s constitutional development. However, the adoption of a supreme constitution is not necessarily an indication that a country has been fully democratised. In this article it is suggested that the level of a country’s democracy could also be measured by identifying the source or object of authority that enjoys the broadest legitimacy in society. This source or object of legitimacy will give an indication of the level of a state’s political and democratic maturity and consolidation. In an effort to measure South Africa’s level of democratic maturity and consolidation a theoretical framework was developed in the article that was based on the assumptions of Ken Wilber and Max Weber. The article points out that it is very important for further political development and democratic maturity in a state that the source or object of authority should be located on the second tier that consists of legal-rational rules. However, it seems that the majority of support in South Africa is based on the first tier, which predominately exists of a pre-rational level that focuses on traditional and charismatic authorities.