A human rights consistent apartheid: Constitutional design of the African state, indigenous peoples’ self-determination and the ‘other native’ question

Abstract

Rights regulate the relationship of individuals and corporations to the state. ... the reality is that the State has effectively displaced the community, and increasingly the family, as the framework within which an individual or group’s life chances and expectations are decided. The survival of community itself now depends on rights of association and assembly. Yash Pal Ghai1 ...the point of democratization cannot be just a simple reform of civil society. It also has to be a dismantling of the mode of rule organized on the basis of fused power, administrative justice and extra-economic coercion, all legitimized as the customary. Mahmood Mamdani2