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People's courts and people's justice : a critical review of the current state of knowledge of people's courts, with a particular focus on South Africa

This dissertation is an attempt at broadening the understanding of People's Courts and People's Justice in South Africa. People's Courts mushroomed throughout African townships in South Africa, especially during 1985/1886 to the extent J' that it was said to be a conspiracy, instigated by the then b...

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Main Author: Moses, Joey
Other Authors: Chidester, D
Format: Thesis
Language:English
English
Published: Centre for Law and Society 2026
Subjects:
Law
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access_status_str Open Access
author Moses, Joey
author2 Chidester, D
author_browse Chidester, D
Moses, Joey
author_facet Chidester, D
Moses, Joey
author_sort Moses, Joey
collection Thesis
description This dissertation is an attempt at broadening the understanding of People's Courts and People's Justice in South Africa. People's Courts mushroomed throughout African townships in South Africa, especially during 1985/1886 to the extent J' that it was said to be a conspiracy, instigated by the then banned African National Congress (ANC) in alliance with the South African Communist Party (SACP), to overthrow the South African State. The central argument of this dissertation is that People's Courts, with its objective of creating a new legality which is encapsulated in the notion of People's Justice, did indeed shake the foundations of ·the Apartheidstate. It presented the white ruling bloc in South Africa with one of its biggest hegemonic challenges in the 1980s. People's Courts are dealt with in three parts. The first part explores the relationship between law, ideology and the state; the second explores that relationship within the South~African context, and th~ third locates people's courts within that context. In the latter part the continuities between People's Courts and the Makgotla are explored as well as the fundamental differences which exist between them, which differences also account for the different state strategies toward them. A comparative analysis of People's Courts in the different regions in South Africa indicates that the vast majority of these popular tribunals were not only deliberately anti-state. Apart from their immediate objectives of controlling crime in townships and reconciling parties to disputes, they also deliberately alligned themselves with the broader political movement which attempted to overthrow organs of state power and replace it with organs of people's power: the main objective being the realisation of people's power. The comparative analysis also reveals certain potential and real dangers as well as tensions within the operation of people's courts and in its alliance with the broader, extra-state political movement, which are reflected on in the conclusion.
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institution University of Cape Town (South Africa)
language English
eng
license_str Not specified — see source repository
provenance_str_mv Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository
publishDate 2026
publishDateRange 2026
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publisher Centre for Law and Society
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spelling oai:open.uct.ac.za:11427/42967 People's courts and people's justice : a critical review of the current state of knowledge of people's courts, with a particular focus on South Africa Moses, Joey Chidester, D Law This dissertation is an attempt at broadening the understanding of People's Courts and People's Justice in South Africa. People's Courts mushroomed throughout African townships in South Africa, especially during 1985/1886 to the extent J' that it was said to be a conspiracy, instigated by the then banned African National Congress (ANC) in alliance with the South African Communist Party (SACP), to overthrow the South African State. The central argument of this dissertation is that People's Courts, with its objective of creating a new legality which is encapsulated in the notion of People's Justice, did indeed shake the foundations of ·the Apartheidstate. It presented the white ruling bloc in South Africa with one of its biggest hegemonic challenges in the 1980s. People's Courts are dealt with in three parts. The first part explores the relationship between law, ideology and the state; the second explores that relationship within the South~African context, and th~ third locates people's courts within that context. In the latter part the continuities between People's Courts and the Makgotla are explored as well as the fundamental differences which exist between them, which differences also account for the different state strategies toward them. A comparative analysis of People's Courts in the different regions in South Africa indicates that the vast majority of these popular tribunals were not only deliberately anti-state. Apart from their immediate objectives of controlling crime in townships and reconciling parties to disputes, they also deliberately alligned themselves with the broader political movement which attempted to overthrow organs of state power and replace it with organs of people's power: the main objective being the realisation of people's power. The comparative analysis also reveals certain potential and real dangers as well as tensions within the operation of people's courts and in its alliance with the broader, extra-state political movement, which are reflected on in the conclusion. 2026-03-13T12:41:06Z 2026-03-13T12:41:06Z 1990 2024-07-19T12:59:53Z Thesis / Dissertation Masters LLM http://hdl.handle.net/11427/42967 en eng application/pdf Centre for Law and Society Faculty of Law University of Cape Town
spellingShingle Law
Moses, Joey
People's courts and people's justice : a critical review of the current state of knowledge of people's courts, with a particular focus on South Africa
thesis_degree_str Master's
title People's courts and people's justice : a critical review of the current state of knowledge of people's courts, with a particular focus on South Africa
title_full People's courts and people's justice : a critical review of the current state of knowledge of people's courts, with a particular focus on South Africa
title_fullStr People's courts and people's justice : a critical review of the current state of knowledge of people's courts, with a particular focus on South Africa
title_full_unstemmed People's courts and people's justice : a critical review of the current state of knowledge of people's courts, with a particular focus on South Africa
title_short People's courts and people's justice : a critical review of the current state of knowledge of people's courts, with a particular focus on South Africa
title_sort people s courts and people s justice a critical review of the current state of knowledge of people s courts with a particular focus on south africa
topic Law
url http://hdl.handle.net/11427/42967
work_keys_str_mv AT mosesjoey peoplescourtsandpeoplesjusticeacriticalreviewofthecurrentstateofknowledgeofpeoplescourtswithaparticularfocusonsouthafrica