My Work
Free and Fair Elections (1994) co-editor
Textbook: South African Constitutional Law in Context
P. de Vos, W. Freedman (editors)
D. Brand, C. Gevers, K. Govender, P. Lenaghan, D. Mailula, N. Ntlama, S. Sibanda, L. Stone (contributors)
February 2014 (Oxford University Press
South African Constitutional Law in Context offers a comprehensive, clear, and concise introduction to the study of South African constitutional law. Situated within a framework of historical, political, social and economic context, the text invites readers to discover the meaning, operation and effects of the South African Constitution, and to understand its critical importance and potential. The text balances an accurate description of the most authoritative interpretation of the constitutional text with a critical and enquiring approach, providing depth and diversity of perspective, and engaging readers in an interactive, topical and stimulating manner.
To order go to: http://www.oxford.co.za/catalogue/book/9780195991376-south-african-constitutional-law-in-context#.VlPdyYSMihQ
Novel: Slegs Blankes/ Whites Only
195 pages; Publisher: Kagiso Literer; 1. uitgawe edition (1994) Language: Afrikaans ISBN-10: 079863474X ISBN-13: 978-0798634748 Novel about a young Afrikaans man coming to terms (or not coming to terms) with his sexuality and with the fact that his father worked as a member of a Police death squad during the last decade of the apartheid regime.
SANEF v EFF: What did the High Court say and was it correct?
Last week the Gauteng High Court dismissed the application of the South African National Editors Forum (SANEF) and various journalists against the Economic Freedom Fighters (EFF) and its leader Julius Malema, in which SANEF asked the court, among other things, to interdict Malema and the EFF from intimidating, harassing, threatening or assaulting journalists and from actively or tacitly encouraging their followers to do so. Curiously, SANEF and the journalists relied on the hate speech and harassment provisions of the promotion of Equality and Prevention of Unfair Discrimination Act (PEPUDA), so it was not surprising that they lost the case.
It is a bid odd to read your own name in a court judgment, especially when it is not in a footnote that references an academic article you had written. But there it is in paragraph 8 of the Gauteng High Court judgment in the case of South African National Editors Forum and Others v The Economic Freedom Fighters and Others. It is contained in a quote from a speech delivered by Julius Malema at a time when the EFF’s Pravin Gordhan hysteria was reaching fever pitch. Malema seemed to have taken umbrage at various individuals who were insisting on sticking to the law and the facts in their reporting and analysis: (more…)
“Rejecting the free marketplace of ideas: a value-based conception of the limits of free speech” vol. 33 (2017) South African Journal on Human Rights 359-379
“It’s my party (and I’ll do what I want to)?: Internal Party democracy and Section 19 of the South African Constitution” South African Journal on Human Rights (2015) 30-55.
“Mind the Gap: Imagining new ways of struggling towards the emancipation of sexual minorities in Africa” Agenda (2015) 39-53.
On Nelson Mandela: “Compassion and corruption: choosing the difficult path” Transition (Hutchin’s Centre, Harvard) (2014) 40-50.
“These queer gardens: a South African story” (with Jaco Barnard-Naude) vol. 46 (2014) Acta Academica 134-150.
“The past is unpredictable: race, redress and remembrance in the South African Constitution” South African Law Journal (2012) pp 73-103.
“The ‘inevitability’ of same-sex marriage in democratic South Africa” vol. 23 (2007) South African Journal on Human Rights 432-465, reprinted in Sexuality and Law Volume I: Family and Youth Ruthann Robson (ed.) (2011).
“Disturbing heteronormativity: the ‘queer’ jurisprudence of justice Albie Sachs” (with Jaco Barnard-Naude) South African Public Law (2010) 209-234
“A Judicial revolution?: The court-led achievement of same-sex marriage in South Africa” vol. 4 (2008) Utrecht Law Review 162-174.
“Same-sex marriage, civil Unions and Domestic Partnerships in South Africa: Critical reflections on South Africa’s Civil Union Saga” (co-authored with Jaco Barnard-Naude) vol. 124 (2007) South African Law Journal 795-826.
“Prisoners’ rights litigation in South Africa since 1994: A critical evaluation” (2005) Law, Democracy and Development 89-112.
“Same-sex sexual desire and the re-imagining of the South African family” South African Journal on Human Rights vol. 20 (2004) 179-206.
“A new beginning: the enforcement of social, economic and cultural rights under the African Charter” vol. 8 (2004) Law Democracy and Development 1-24.
“So much to do, so little done” the right of access to anti-retroviral drugs post Grootboom vol. 7 (2003) Law, Democracy and Development 83.
So much to do, so little done- The right of access to anti-retroviral drugs post-Grootboom
“Grootboom, the right of access to housing and substantive equality as contextual fairness” SAJHR vol. 17 (2001) 258-276.
“Freedom of Religion versus Drug Traffic Control: The Rastafarian, the Law Society and the right to smoke the ‘holy weed’” Law, Democracy and Development vol. 5 (2001) 85-108.
“A Bridge too far?: history as context in the interpretation of the South African Constitution” SAJHR vol. 17 (2001) 1-33.
“Access of political parties to the media during election campaigns” Journal of Law, Democracy and Development vol. 2 (1998) 261-280.
Access of political parties to the media during election campaigns
“Pious wishes or legally enforceable rights?: Social and economic rights in South Africa’s 1996 constitution” South African Journal on Human Rights vol. 13 (1997) 67-101
“On the Legal Construction of Gay and Lesbian Identity and South Africa’s Transitional Constitution” South African Journal on Human Rights vol. 12 (1996) 265-290.
“Policing” in South African Human Rights Yearbook 1994: Volume 5 Ronald Louw (ed.) Centre for Socio-Legal Studies and Oxford University Press (1996) Durban 193-211.
“Policing” at 211-221, in Ronald Louw (ed.) South African Human Rights Yearbook 1994 (1995) Centre for Social Legal Studies and Oxford University Press.
“Policing” in South African Human Rights Yearbook 1993: Volume 4 Neil B. Boister (ed.) Centre for Socio-Legal Studies (1994) Durban 193-205.
Taking risks, taking responsibility: on whiteness and full citizenship under the South African Constitution
Taking risks, taking responsibility: on whiteness and full citizenship under the South African Constitution (more…)
The story of the runaway date: the slow violence of internalised stigma
The story of the runaway date: the slow violence of internalised stigma (more…)
Race, Racism, Xenophobia and Related Intolerances such as sexual orientation discrimination
Race, Racism, Xenophobia and Related Intolerances such as sexual orientation discrimination
(more…)
Submission to National Assembly: Constitutuonality of the creation of the Hawks
The South African Police Service Amendment Bill: possible compliance with Glenister v President of the Republic of South Africa (more…)