February 4, 1997 (List of Confirmed Participants
updated 2/15/97)
THE MICHIGAN JOURNAL OF RACE & LAW ANNOUNCES SYMPOSIUM: “CONSTITUTION-MAKING IN SOUTH AFRICA”
ANN ARBOR, MICHIGAN -- On March 21 and 22, 1997, the Michigan Journal of Race & Law will present the symposium, “Constitution-Making in South Africa,” at the University of Michigan Law School. This working conference will offer one of the first opportunities to analyze South Africa’s recently completed constitution-making process and the lessons it may hold for other emerging democracies.The Journal has invited South African jurists, constitutional scholars, legal practitioners and public officials to meet with constitutional experts from the United States, Eastern Europe, Canada and other nations to explore the challenges of the constitution-making process and to debate the meaning of South Africa’s Constitution. Panelists will also present a moot court re-creation of oral arguments from pivotal cases brought before South Africa’s Constitutional Court during the past two years.
“This conference will present an important first look back at South Africa's new constitution and the process which created it,” said Jeffrey S. Lehman, Dean of the University of Michigan Law School. “I am confident that it will be a significant source of ideas for advancing democracy in South Africa and other nations, especially those beset by racial and ethnic strife.”
“The people of South Africa have brought about what few would have believed possible: a relatively peaceful transition to constitutional democracy,” said symposium coordinator John Humphrey. “This Symposium offers a forum for analyzing that achievement that will help to maintain and expand upon South Africa’s constitutional success.”
Kiana Woods, Executive Editor and Special Events Coordinator for the Journal added, “This symposium symbolizes the University of Michigan’s continuing efforts to foster the rise of democracy in South Africa. The confluence of ideas, insights, and experiences at this conference has tremendous potential to serve as a paradigm for multi-racial democracies throughout the world.”
# # # # # # #
Confirmed Participants
Penelope Andrews, City University of New York Law School
Michael Asimow, UCLA Law School
Professor Dion Basson, Land Court of South Africa
Firoz Cachalia, Leader of the House, Guateng Legislature
Stephen Ellman, New York Law School
Christopher Ford, Shea & Gardner (Washington, D.C.)
Karthy Govender, University of Natal Faculty of Law
Nicholas Haysom, Legal Counsel to the President
Heinz Klug, University of Wisconsin Law School
Sandy Liebenberg, Women and Human Rights Project, Community Law Centre, University of the Western Cape
Tuli Madonfela, Deputy Director, Planning Unit, Department of Justice, South Africa
Tiyanjana Maluwa, University of Cape Town Faculty of Law
The Honourable Mavivi Manzini, Member of Parliament, South Africa National Assembly
Roelf Meyer, Secretary General of the National Party, South Africa
Professor Tshepo Mosikatsana, University of the Witwatersrand Faculty of Law
Ziyad Motala, Howard University School of Law
Christina Murray, University of Cape Town, former advisor to the Constitutional Assembly
Bulelani Ngcuka, Chief Whip (ANC), South Africa Senate
The Honourable Leon Wessels, Deputy Chairperson of the Constitutional Assembly, Member of the South Africa Senate
Please note that additional invitees have not yet confirmed their participation.
Issues to be featured at the Symposium
Establishing Democratic Legitimacy: Proportional Representation by Free and Fair Elections
- The South African Constitution establishes a system of proportional representation, unlike the
American system of majoritarian democracy. It also established an independent electoral commission
to ensure that free and fair elections would take place.
- Why is this particular vision of democratic governance the correct one for South Africa?
- How effective was South Africa's independent electoral commission in creating free and fair elections? Are any changes necessary?
Cooperative Governance
- Dividing power between the central government and the provinces was a critical hurdle to
negotiating a peaceful transition to democracy.
- Is the current balance of powers sufficient to maintain the course of the democratic transition?
- Does South Africa’s experience suggest solutions for other governments dealing with the problems of cooperative governments?
The South African Bill of Rights
- Among the most liberal and comprehensive in the world, the South African Bill of Rights
guarantees a wide range of civil, political, social, and economic rights including equal rights
for all and access to basic human necessities and health care.
- How should the inherent conflict between constitutional guarantees of gender equality and its recognition of indigenous law be resolved?
- What rights were the most controversial? Why were they included or excluded?
Women in the Constitutional Framework: Gender Equality and Indigenous Law
- The new constitution provides for full gender equality. However, this provision conflicts with
much of South Africa’s customary and indigenous law.
- How will the conflict between separately conceived constitutional values such as the need for recognition of cultural freedoms such as polygamy and a woman's right to equality be resolved? What role will the Commission on Gender Equality play in that resolution?
- Will the courts be the first forum in which these conflicts arise?
- How will the lack of decision-making power of women on issues such as birth control, guardianship of children, and the purchase or sale of family property be redressed?
Judicial Review in South Africa
- Under the new constitution, South African courts are given the power of judicial review,
presenting those courts with new problems including:
- Inherent conflicts in legislation authorizing amnesty for crimes committed under apartheid rule. For example, the killers of South African activist Steve Biko recently requested amnesty for their actions. What opportunities to seek justice remain for Mr. Biko’s family?
Michigan Journal of Race & Law
“Constitution-Making in South Africa” will be the second symposium organized by the Michigan Journal of Race & Law. The first symposium “Towards a New Vision of Civil Rights” held in October 1995 featured the Honorable A. Leon Higginbotham, Chief Judge Emeritus, United States Court of Appeals for the Third Circuit; Professor Kimberlé W. Crenshaw; Professor Randall Kennedy; and Professor Derrick A. Bell, Jr.
The purpose of the Michigan Journal of Race & Law is to serve as a forum for the exploration of issues relating to race and law, most specifically those issues that are marginalized in mainstream legal discourse. The Journal seeks to provide a space for scholars of all races to expand and develop a theoretical, critical, and socially relevant race discourse. To that end, the Journal publishes the views of scholars, students, practitioners, and social scientists. The Journal welcomes, indeed seeks, a diversity of views from a broad range of perspectives. We encourage submissions and responses from our readers.
ANDREW W. MELLON FOUNDATION GRANT AWARDED TO THE MICHIGAN JOURNAL OF RACE & LAW
ANN ARBOR, MI -- The Andrew W. Mellon Foundation presented an Officer's Grant of $47,500 to the Michigan Journal of Race & Law for its up-coming symposium, “Constitution-Making in South Africa.” Dr. William G. Bowen, President of the Mellon Foundation, said: “The Foundation is pleased to provide this support for a Symposium that will explore, in a most timely way, the making of a new constitution in South Africa. The organizers of the Symposium have attracted a group of experts with a wide range of backgrounds and interests, and we expect the discussions to be stimulating and productive.” University of Michigan’s Interim President Homer Neal, who requested the Foundation’s help in securing a grant for the Journal, was instrumental in obtaining the grant.“We are grateful to Dr. Bowen and the Mellon Foundation and to President Neal for this grant,” said Hardy Vieux, Editor in Chief of the Journal. “This will allow us to fulfill our goal of bringing more than 20 top constitutional scholars together to discuss issues critical to South Africa's future.”
The symposium will be held on March 21 and 22, 1997, at the University of Michigan Law School. This working conference will offer one of the first opportunities to analyze South Africa’s recently completed constitution-making process and the lessons it may hold for other emerging democracies. The Journal has invited South African jurists, constitutional scholars, legal practitioners and public officials to meet with constitutional experts from the United States, Latin American, Eastern Europe, Asia and Canada to explore the challenges of the constitution-making process and to debate the meaning of South Africa’s Constitution.