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Lecturer(s)
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Osina Petr, JUDr. Ph.D.
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Touška Mikuláš, JUDr. Mgr.
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Course content
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1-2 Introduction, basic concepts, historical development of South Africa in the 20th century. 3-4 The political and constitutional system of the Union of South Africa, ethnic-based representation in the political system, the Afrikaner tradition and its influence on the South African political environment, apartheid - characteristics, causes and inspiration sources. 5-6 Inter-racial coexistence and legislation between 1939 and 1948, restrictions on civil rights during the war. The political programme of the first Nationalist government in response to inter-racial tensions and the antithesis of the programme of the second Smuts government. Reflection in legislation - evolution v. revolution 7-8 Regulation of influx in the 1920s-1940s. The Fagan Commission. Natives (Abolition of Passes and Co-ordination of Documents) Act, 1952 and the subsequent evolution of influx regulation in the 1950s to 1980s. 9-10 Discussion - different concepts of interracial coexistence (Apartheid v. Trusteeship v. full equality). 11-12 Legislative framework of racial and ethnic classification - Population Registration Act 1950, Reservation of Separate Amenities Act 1953 and their application in practice. Laws and other measures to ensure 'racial purity'. 13-14 Partition of the country, differential regime of territorial segregation in rural and urban areas. 15-16 Administration of native affairs. 17-18 Suppression of Communism Act, 1950 and other laws to suppress expressions of opposition to apartheid. 19-20 Labour segregation and trade unions. 21-22 Non-European ethnic representation in the constitutional system, the Separate Representation of Voters Bill and the constitutional crisis of the 1950s. Constitutional developments from 1961 to 1993. 23-24 Summary and final discussion.
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Learning activities and teaching methods
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Monologic Lecture(Interpretation, Training), Work with Text (with Book, Textbook), Activating (Simulations, Games, Dramatization)
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Learning outcomes
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Since 1948 South Africa experienced a major change in its political course, which has also led to a change in the legal environment. From the 1950s, South African apartheid regime has introduced legislative measures that have not only implemented apartheid into the everyday life of South Africans, but also the suppression of the rights of privileged citizens of European descent and the removal of a number of attributes of the rule of law. The aim of the course is to acquaint students with the sources, causes and course of this development.
Students shall obtain insight into the inspiration sources and reflection of South African nationalists' policies in legislation, its application and gradual removal of the attributes of the rule of law in the last decade of the existence of the Union of South African.
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Prerequisites
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Completion of this subject is not conditional upon completion of another subject.
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Assessment methods and criteria
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Mark, Written exam, Student performance
Students are expected to have a good command of English and an ability to understand academic papers. Students will be continuously evaluated on the basis of their activity during the seminar. The condition of completion of the course will be an essay in the range of 5-7 standard pages on one of the assigned topics. The essay should contain a brief analysis of the legal regulation of the given topic, its historical context and, within the scope of the material discussed, the application practice.
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Recommended literature
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DAVENPORT, R. a SAUNDERS C. (2000). South Africa - A Modern History. London.
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DUBOW, S. (2008). Smuts, the United Nations and the Rhetoric of Race and Rights, Journal of Contemporary History, Vol. 43, No. 1 (January, 2008), s. 45-74..
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DVORIN, E. P. (1951). The Theory of Apartheid: Nationalist Racial Policy in the Union of South Africa, Political Research Quartely 1951, s. 32-47..
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GILIOMEE, H. (2003). The Making of Apartheid Plan, 1929-1948, Journal of Southern African Studies, Volume 29, No. 2 (červen 2003), s. 373-392..
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MATTHEWS, Z. K. (1951). The African Response to Racial Laws, Foreign Affairs, Vol. 30, Issue 1, October 1951, s. 91-102..
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OLAOSEBIKAN, A. J. (2011). Origin, Nature and Dismantling of Apartheid Policy in the Union of South Africa (1948-1994), African Research Review, Vol. 5 (1), Serial No. 18, January, 2011, s. 496 - 509..
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TIRYAKIAN, E. (1960). Apartheid and Politics in South Africa, The Journal of Politics, Volume 22, No. 4 (listopad 1960), s. 682-697..
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