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A Critical race feminist perspective on Section 217 of the Constitution
Dissertation (LLM)--University of Pretoria, 2013.
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2014
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| _version_ | 1867613434972995584 |
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| access_status_str | Open Access |
| author2 | Van Marle, Karin |
| author_browse | Van Marle, Karin |
| author_facet | Van Marle, Karin |
| collection | Thesis |
| dc_rights_str_mv | © 2013 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. |
| description | Dissertation (LLM)--University of Pretoria, 2013. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/36789 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:36:05.775Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2014 |
| publishDateRange | 2014 |
| publishDateSort | 2014 |
| publisher | University of Pretoria |
| publisherStr | University of Pretoria |
| record_format | dspace |
| source_str | UPSpace — University of Pretoria Institutional Repository |
| spelling | oai:repository.up.ac.za:2263/36789 A Critical race feminist perspective on Section 217 of the Constitution Van Marle, Karin Nyawo, Pamela Section 217 of the Constitution of South Africa Procurement of goods Procurement of services Socio economic interests South African socio economic structure UCTD Dissertation (LLM)--University of Pretoria, 2013. Section 217 of the Constitution of South Africa regulates the procurement of goods and or services by any organ of state. Similarly, this section mandates state-owned institutions to adhere to a procurement system that promotes groups that were previously disadvantaged by past colonial and apartheid regimes. In this dissertation I argue that due to South Africa’s oppressive culture, the law has been ineffective in promoting the socio economic interests of black women due to race, gender and class subjugation. Firstly, central to my argument is the judiciary’s traditional role that is still steeped in an interpretative process of the law that is detrimental to the transformative spirit of the Constitution. In identifying the South African judiciary system as positivistic in nature I will critically analyse the Sonke Gender Justice Network v Malema hate speech court case. I posit that the Equality Court’s decision was mainly result based and as a result fell short of addressing the core issues affecting black women on the basis of race, gender and class which mirror the substantial part of the South African socio economic structure. Secondly, in support of my argument, I criticise a legislative framework that perpetuates socio economic disparities at the expense of a group in society it claims to protect. Whilst I will rely on American Legal Realism and Critical Legal Studies in support of my arguments, my main theoretical approach will be based on Critical Race Feminism. Lastly, intersectionality will be used in contextualising the interrelationships of race, gender and class as they impact on black women’s material circumstances in the regulatory legislative public procurement process. When the Constitution came into effect in 1994 South Africa became an egalitarian state. Nevertheless, the country is struggling with the prevalence of unemployment, poverty, HIV/Aids, skills shortages, male violence including rape, to name just a few. These social ills pose a threat to a Constitution that extolls values like dignity, freedom and equality for all. It so happens also that the majority of the people confronted by these socio economic challenges are black women. The tender process faces numerous challenges and by identifying the South African culture as oppressive supported by a legal process that stifles transformation, this study expounds the experiences of black women by engaging in a contextual analysis of the courts and legislation. This consciousness raising exercise is not meant to portray black women as victims or invoking “special treatment” in the legal realm. It resonates with Steve Biko’s theme of black consciousness, being aware of the marginalisation and addressing it. Black consciousness represents an emancipatory state and optimistic outlook. Consciousness raising situates the oppression of black women in any form as a site for struggle, a struggle for social and individual change. gm2014 Jurisprudence unrestricted 2014-02-26T11:18:27Z 2014-02-26T11:18:27Z 2013-09-04 2013 Mini Dissertation Nyawo, PAN 2013, A Critical race feminist perspective on Section 217 of the Constitution, LLM dissertation, University of Pretoria, Pretoria, viewed yymmdd <http://hdl.handle.net/2263/36789> F13/9/820/gm http://hdl.handle.net/2263/36789 en © 2013 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria |
| spellingShingle | Section 217 of the Constitution of South Africa Procurement of goods Procurement of services Socio economic interests South African socio economic structure UCTD A Critical race feminist perspective on Section 217 of the Constitution |
| title | A Critical race feminist perspective on Section 217 of the Constitution |
| title_full | A Critical race feminist perspective on Section 217 of the Constitution |
| title_fullStr | A Critical race feminist perspective on Section 217 of the Constitution |
| title_full_unstemmed | A Critical race feminist perspective on Section 217 of the Constitution |
| title_short | A Critical race feminist perspective on Section 217 of the Constitution |
| title_sort | critical race feminist perspective on section 217 of the constitution |
| topic | Section 217 of the Constitution of South Africa Procurement of goods Procurement of services Socio economic interests South African socio economic structure UCTD |
| url | http://hdl.handle.net/2263/36789 |