Cochairs: Professor Stephen Ellmann (New York Law School) and
Penelope Andrews, Dean and President (Albany Law School)
The South Africa Reading Group is an interdisciplinary group whose members share an interest in the ongoing developments in South Africa. Founded in 1994, and cochaired, by Professor Stephen Ellmann and Albany Law School Dean and President Penelope Andrews, the South Africa Reading Group meets several times each year to discuss papers and presentations addressing South Africa from a wide range of perspectives, including history, anthropology, literature and, of course, law.
Fall 2012 - Spring 2013
Wednesday, October 24, 2012, 12:30 – 2:30 PM (via Skype): Professor Pierre de Vos, University of Cape Town Faculty of Law, “The Shootings at Marikana: Past and Prologue”
Friday, November 16, 2012, 4 – 6 PM: James Fowkes, JSD Candidate, Yale Law School, “Constitution-keeping: The practice of constitutional interpretation in South Africa since 1994”
Tuesday, November 27, 4 – 6 PM: Duncan Kennedy, Carter Professor of General Jurisprudence, Harvard Law School, “African Poverty” (published in 87 Washington Law Review 205 (2012))
Friday, February 22, 2013, 4 – 6 PM: Hlonipha Mokoena, Assistant Professor of Anthropology, Columbia University, “‘Adorned and Disfigured’: The Zulu Policeman as a Uniformed Officer of Empire”
Friday, March 22, 2013, 12:30 - 2:30 PM: Dennis Davis, Judge of the High Court in South Africa, Western Cape, and Honorary Professor at the University of Cape Town Faculty of Law, “The Scope of the Judicial Role in the Enforcement of Social-Economic Rights: Limits and Possibilities Viewed from the South African Experience: An Outline of a Paper”
Friday, April 5, 2013, 12:30 – 2:30 PM: John Comaroff and Jean Comaroff, Professors of African and African American Studies and of Anthropology, Oppenheimer Fellows in African Studies, Harvard University, “THE RETURN OF KHULEKANI KHUMALO, ZOMBIE CAPTIVE: Identity, Law, and Paradoxes of Personhood"
19, 2013, 12:30 - 2:30 PM: A Celebration of the Work of Tom Karis
and Gail Gerhart on From Protest to Challenge: A Documentary History of
African Politics in South Africa, 1882-1990, with Dennis Davis, Judge
of the High Court in South Africa, Western Cape, and Honorary Professor at
the University of Cape Town Faculty of Law; Sean Jacobs, Assistant
Professor of International Affairs at The New School, and founder of the
“Africa Is A Country” blog, http://africasacountry.com/; and Marcia
Wright, Professor Emerita of History, Columbia University, as well as Tom
and Gail themselves
Fall 2011 – Spring 2012
Friday, October 14, 2011, 12:30 – 2:30: Bernadette Atuahene, Associate Professor, IIT Chicago-Kent College of Law, “The Limits of the law: The Story of the Popela Community” (co-authored with Sanele Sibanda)
Monday, October 24, 2011, 12:30 – 2:30: Dikgang Moseneke, Deputy Chief Justice, Constitutional Court of South Africa, “A Life in the Law in South Africa”
Tuesday, November 1, 2011, 4:00 – 6:00: David Bilchitz, Associate Professor at the University of Johannesburg and Director of the South African Institute for Advanced Constitutional, Public, Human Rights and International Law (SAIFAC), “Citizenship and Community: Exploring the Right to Receive Basic Municipal Services in Joseph [v. City of Johannesburg, 2010 (4) SA 55 (CC)]”
Friday, January 20, 2012, 12:30 – 2:30: Michael W. Yarbrough, MPhil, JD, PhD candidate in Sociology at Yale University, "Toward a Political Sociology of Conjugal Recognition Regimes: Multiculturalism and Gender in Post-Apartheid South African Marriage Law"
Friday, February 3, 2012, 12:30 – 2:30: Alec Freund SC, South African advocate specializing in labor law, administrative law, constitutional law and various other aspects of public law, “South African Labor Law: has the pendulum swung too far?”
Thursday, February 9, 2012, 4:00 – 6:00: Professor Johan van der Walt, Chair for Legal Philosophy, Faculty of Law Economics and Finance, University of Luxembourg, “Abdications of Sovereignty in State Action and Horizontal Application Jurisprudence”
Friday, February 17, 2012, 12:30 – 2:30: Kate O’Regan, Justice of the Constitutional Court of South Africa (1994-2009), “A Forum for reason: Reflections on the role and work of the Constitutional Court,” (the Helen Suzman Memorial Lecture, delivered in November 2011 in Johannesburg, and forthcoming in the past November in Johannesburg, and is forthcoming in the South African Journal on Human Rights)
Friday, March 9, 2012, 12:30 – 2:30: Katharine G. Young, Senior Lecturer, Australian National University College of Law and Visiting Fellow, ANU Centre for International Governance & Justice, “Follow the Money, Follow the Courts? The Comparative Fortunes of the Right to Health in Colombia and South Africa” (co-authored with Julieta Lemaitre)
Friday, March 30, 2012, 12:30 – 2:30: Associate Professor Morné Olivier, Faculty of Law, University of the Witwatersrand, Johannesburg, South Africa, “'The Chief Justice Debacle' - The End of Ngcobo, The Beginning of Mogoeng”
Thursday, April 5, 2012, 4:30 - 6:30: Gilbert Marcus SC, South African advocate specializing in constitutional law, "The Fall and Rise of Two Chief Justices" (co-authored with Jason Brickhill)
Friday, April 27, 2012, 12:30 – 2:30:
Kenneth Broun, Henry Brandis Professor of Law Emeritus, University of
North Carolina School of Law, "Saving Nelson Mandela" (based on
his book, Saving Nelson Mandela: The Rivonia Trial and the Fate of
South Africa (2012)
Fall 2010 - Spring
Wednesday, September 22, 2010
Professor Heinz Klug, Evjue-Bascom Professor of Law and Director of the Global Legal Studies Center at the University of Wisconsin Law School, and Honorary Senior Research Associate in the School of Law at the University of the Witwatersrand, discussing his new book, The Constitution of South Africa: A Contextual Analysis (Hart Publishing 2010)
Thursday, October 7, 2010
Professor Catherine Albertyn, University of the Witwatersrand Faculty of Law, “‘The Stubborn Persistence of Patriarchy?’: Gender Equality and Cultural Diversity in South Africa,” 2 Constitutional Court Review --- (forthcoming)
Friday, October 15,
Professor Stu Woolman, Chair of Ethics, Governance and Sustainable Development, University of the Witwatersrand Graduate School of Business and Co-Director, South African Institute for Advanced Constitutional, Public, Human Rights & International Law, discussing his book-in-progress, The Selfless Constitution: A Prolegomena to an Account of Experimentalism and Flourishing as Foundations of South Africa’s Basic Law.
Friday, March 25, 2011
Dennis Davis, Judge of the High Court of South Africa, Western Cape and Hon. Professor, University of Cape Town Faculty of Law, "Legal Realism, Transformation, and the Legacy of Dugard," 26 South African Journal on Human Rights 188 (2010) (co-authored with Professor Catherine Albertyn)
Friday, April 8, 2011
Professor Theunis Roux, University of New South Wales, Australia, "The Chaskalson Court’s Achievement" (chapter 1 of Professor Roux’s book The Politics of Principle: The First South African Constitutional Court, 1995-2005 (forthcoming, Cambridge University Press, 2012)).
Tuesday, April 26, 2011
The South Africa Reading Group co-sponsored a speech at New York Law School by Dikgang Moseneke, Deputy Chief Justice of South Africa’s Constitutional Court, who addressed “Building the Rule of Law in a Democratic South Africa” with faculty, students and others. This event was also sponsored by New York Law School’s Center for International Law, The Justice Action Center, the Dean’s Office and the Black Law Students Association.
Friday, May 6, 2011
Professor Erika George, S.J. Quinney School of Law, University of Utah, "The Human Right to Health and HIV/AIDS: South Africa and South-South Cooperation to Reframe Global Intellectual Property Principles and Promote Access to Essential Medicines," 18 Indiana Journal of Global Legal Studies --- (2011, forthcoming)
Fall 2009 - Spring 2010
October 2, 2009
Ahmed C. Bawa, Professor and Distinguished Lecturer, Department of Physics and Astronomy, Hunter College, City University of New York; former Deputy Vice-Chancellor (Research, Knowledge Production and Partnerships) of the University of KwaZulu-Natal, and Program Officer (Higher Education and Scholarship) for the Ford Foundation, “Placing Knowledge at the Centre of the Transformation Project in South African Higher Education”
Friday, October 23, 2009
Pierre de Vos, Claude Leon Foundation Chair in Constitutional Governance, Department of Public Law, University of Cape Town, “Reflections on the Hlophe Saga” (by videoconference)
Friday, November 20, 2009
Stu Woolman, Chair of Ethics, Governance and Sustainability, University of the Witwatersrand; Co-Director, South African Institute for Advanced Constitutional, Public, Human Rights and International Law, "Between Charity and Clarity: An Insider's Response to Frank Michelman's 'Davidsonian Reading' of the Constitutional Court"
Friday, February 5, 2010
Michael Bishop, Extraordinary Lecturer, Department of Public Law, University of Pretoria, and Visiting Research Fellow, Columbia Law School, “Vampire or Prince? The Listening Constitution and Merafong Demarcation Forum & Others v President of the Republic of South Africa & Others”
Friday, March 19, 2010
Janette Yarwood, Postdoctoral Fellow, Monmouth University, “Rearticulating Coloured Identity in Contemporary South Africa”
Friday, April 16, 2010
Adam Ashforth, Visiting Associate Professor, Center for Afroamerican and African Studies, University of Michigan, “Human Security, Spiritual Insecurity, and Satanic Bloodsuckers”
Friday, April 30, 2010
David Dyzenhaus, Professor of Law and Philosophy, University of Toronto, and Associate Dean, Graduate Studies, of the University of Toronto Faculty of Law, “The Pasts and Future of the Rule of Law in South Africa”
Monday, May 24,
Penelope Andrews (Valparaiso/La Trobe), Adam Dodek (Ottawa), and Stephen Ellmann (New York Law School), “Three Perspectives on Judges and Democracy in South Africa”
Friday, June 25, 2010
Honorable Zak Yacoob (Justice, Constitutional Court of South Africa), "Judging South Africa's Constitutional Law"
Friday, January 30, 2009
Hlonipha Mokoena, Assistant Professor of Anthropology, Columbia University
Friday, February 13,
Frank Michelman, Robert Walmsley University Professor, Harvard Law School
Yvonne Mokgoro, Justice of South Africa’s Constitutional Court
Catherine Admay, Visiting Professor of Public Policy Studies, Departments of Political Science and Public Policy/Duke Center for International Development, Duke University
Thursday, May 14, 2009
Stu Woolman, Associate Professor of Law, University of Pretoria Faculty of Law
Friday, October 3, 2008
Jonny Steinberg, “Sizwe’s Test – A Young Man’s Journey through Africa’s AIDS Epidemic”
Friday, October 24, 2008
Brian Ray, Assistant Professor of Law, Cleveland-Marshall College of Law, “Understanding Engagement as an Enforcement Mechanism for Socioeconomic Rights”
Monday, November 3,
Steven Kahanovitz, Legal Resources Centre, Cape Town, “An urban slice of pie: the Prevention of Illegal Evication from and Unlawful Occupation of Land Act in South Africa”
Friday, November 21, 2008
Christina Murray, Professor and Deputy Dean, University of Cape Town Faculty of Law, and in 2008-09 a Fellow in Princeton University’s Program in Law and Public Affairs, “Accommodating diversity in South Africa: Education in the language of one's choice”
Friday, April 18, 2008
Professor Karen Czapanskiy, University of Maryland School of Law, & Rashida Manjoo, Visiting Fellow in the Human Rights Program at Harvard Law School and Research Associate in the Law Faculty, University of Cape Town, “The Right of Public Participation in the Law-Making Process and the Role of the Legislature in the Promotion of this Right”
Friday, April 25, 2008
Professor Alan Whiteside, Director of the Health Economics and HIV/AIDS Research Division at the University of KwaZulu-Natal, “Reviewing ‘Emergencies’ for Swaziland – Shifting the Paradigm in a New Era” (co-authored with Amy Whalley)
Tuesday, May 6, 2008
Professor Penny Andrews, Valparaiso University School of Law & CUNY School of Law at Queens College, “Who’s Afraid of Polygamy?: Exploring the Boundaries of Family, Equality and Custom in South Africa”
Friday, May 16, 2008
Justice Albie Sachs, Constitutional Court of South Africa, “Every judgment [opinion] I write is a lie.”
Friday, September 7, 2007
Nelson Tebbe, Assistant Professor, Brooklyn Law School, Witchcraft and Statecraft: Liberal Democracy in Africa, 96 Georgetown L.J. __ (forthcoming 2007).
Friday, October 5, 2007
Adam Dodek, Visiting Scholar, Faculty of Law, University of Toronto, “The Springbok, the Maple Leaf, and the Eagle: South African-Canadian Constitutional Relationships in a World of Old, New and Middle-Aged Constitutions”
Friday, October 26, 2007
Deevia Bhana, Associate Professor, Faculty of Education, University of KwaZulu-Natal, “‘Girls hit girls!’ Constructing and negotiating violent African femininities in a working class primary school”
Friday, November 9, 2007
Dinni Gordon, Professor Emerita, Political Science, and Senior Research Scholar, Ph.D. Program in Criminal Justice, CUNY & John Jay College of Criminal Justice, “Author Meets Critics,” discussing her book, Transformation & Trouble: Crime, Justice, and Participation in Democratic South Africa (Ann Arbor: University of Michigan Press, 2006)
Fall 2006–Spring 2007
Friday, October 13, 2006
Sandile Ngcobo, Justice, Constitutional Court of South Africa, discussing the Constitutional Court judgments (which Justice Ngcobo wrote) in Doctors for Life International v Speaker of the National Assembly and Others and Matatiele Municipality and Others v President of the Republic of South Africa and Others
Friday, October 20, 2006
Steven Dubin, Professor, Program in Arts Administration, Teachers College, Columbia University, “Mounting Queen Victoria: Transforming Museums in a Democratic South Africa”
Friday, November 3, 2006
Theresa Hammond, Ernst & Young Research Fellow in Diversity Studies, Department of Accounting, Carroll School of Management, Boston College, “The Role of Multinationals in the Transition from Apartheid: Black Employment in the South African Accounting Industry, 1976-2000.”
Friday, December 15, 2006
Elke Zuern, Department of Politics, Sarah Lawrence College, “The Politics of Necessity and the Construction of Democratic Citizenship: Community Organizing in South Africa”
February 9, 2007
The Honorable Dennis M. Davis, High Court of South Africa (Cape Town), “Transformation and the Democratic Case for Judicial Review: The South African Experience.”
March 9, 2007
Grace Davie, Queens College - CUNY, Department of History, “The Demand for Numbers: Popular Struggles and Poverty Statistics in Postwar South Africa”
April 13, 2007
Lucy A. Williams, Professor, Northeastern University School of Law, "Issues and Challenges in Addressing Poverty and Legal Rights: A Comparative United States/South African Analysis," 21 South African Journal on Human Rights 436 (2005)
April 27, 2007
Jens Meierhenrich, Assistant Professor, Harvard University, Department of Government and Committee on Social Studies, “The Legacies of Law,” chapter 7: “Apartheid’s Endgame and the Law II"
Fall 2005–Spring 2006
September 16, 2005
Karl Klare, Dr. George J. & Kathleen Waters Matthews Distinguished University Professor, Northeastern University School of Law, "Development of the Common & Customary Law in a Framework of Transformative Constitutionalism." (Cowritten with Judge Dennis Davis, a participant by videoconference link with the University of Cape Town)
Friday, October 7, 2005
Marita Carnelley, Associate Professor, University of KwaZulu-Natal School of Law, Pietermaritzburg, "Influence of the Constitution on South African Family Law."
Friday, October 14, 2005
James Gibson, Sidney W. Souers Professor of Government, Washington University in St. Louis
Friday, November 18,
Mark Kende, Director, Constitutional Law Center, and James Madison Chair, Drake Law School
February 17, 2006
Professor Brook Baker, Northeastern University School of Law, "Globally Engaged Activism on HIV/AIDS in South Africa"
March 16, 2006
Professor Jeremy Seekings, Department of Sociology, University of Cape Town, “What Constitutes a ‘Neo-liberal” Urban Regime? Continuity and Change in Post-Apartheid Cape Town”
April 28, 2006
Professor Nicoli Nattrass, School of Economics and Centre for Social Science Research, University of Cape Town, "AIDS, Science and Governance: The Battle over Antiretroviral Therapy in Post-Apartheid South Africa."
May 16, 2006
Sean Jacobs, Associate Professor in African Studies and Communications, University of Michigan, “Mass media, democracy and citizenship claims in South Africa”
Fall 2004–Spring 2005
September 24, 2004
Arthur Chaskalson, Chief Justice of South Africa, "Judicial Enforcement of Socio-Economic Rights: The South African Experience."
October 15, 2004
Paul Benjamin, Senior Director, Cheadle Thompson & Haysom Inc. (Cape Town) & Adjunct Professor of Law at the University of Cape Town, "Regulation and Transformation in Democratic South Africa."
November 1, 2004
Tony Leon, leader of South Africa’s Democratic Party, "Is the Independence of the Judiciary Under Threat in South Africa?" (Dinner session of the Reading Group)
November 19, 2004
Dhayanithie Pillay, Judge of the Labour Court of South Africa, "Constitutionalization of Labor Law in South Africa."
February 11, 2005
Nelson Tebbe, NYU School of Law, “African Liberalism? Religion, Culture, and South Africa’s Interim Constitution of 1993.”
Friday, March 11, 2005
Walton Johnson, Rutgers University (New Brunswick), "Are South African White People Ready for Democracy?"
Friday, April 22, 2005
Michelle O’Sullivan, Women’s Legal Centre (Cape Town), "Three Steps Forward, Two Steps Back: Legal Activism for Women's Rights in South Africa" (coauthored with Ashley Martabano, Women’s Legal Centre intern).
Reading Group member Ruth B. Cowan, scholar in residence at the Women & Politics Institute, School of Public Affairs, American University, also contributed her paper, "An Examination of The Women’s Legal Centre During Its First Five Years."
Fall 2003–Spring 2004
November 20, 2003
Frank Michelman, Robert Walmsley University professor, Harvard, “The Bill of Rights, The Common Law, and the Freedom-Friendly State.” (This is the first South Africa Reading Group videoconference, connecting speakers in Manhattan, Johannesburg, London, and Baltimore. Other participants are: Judge Catherine O’Regan of the South African Constitutional Court, Johannesburg; Professor Jonathan Klaaren of the University of the Witwatersrand Law School, Johannesburg; Professor Taunya Banks from the University of Maryland School of Law in Baltimore; and Bronwen Manby, deputy director of the Africa division at Human Rights Watch in London.)
February 26, 2004
Ashley Dawson, Assistant Professor of English at The College of Staten Island/CUNY, "Documenting the Trauma of Apartheid: Long Night's Journey into Day and South Africa's Truth and Reconciliation Commission."
April 28, 2004
Steven Budlender, Hauser Scholar, New York University School of Law, "Can You Discriminate in Your Will? A Comparative Assessment of South Africa's Bar to Private Discrimination."
May 6, 2004
Dennis Davis, Professor and Judge, "Socio-Economic Rights in South Africa: The Record After 10 Years."
Fall 2002–Spring 2003
October 31, 2002
Peter Vale, Nelson Mandela Professor of Politics at Rhodes University, Grahamstown, South Africa, and Fellow at the International Center for Advanced Studies at NYU, "Migration and the Culture of Residual Insecurity in Southern Africa," chapter four of his book, "Politics and Security in South Africa: The Regional Dimension" (2002).
November 8, 2002
Teboho Moja, Professor of Higher Education, NYU School of Education, "Transformation in Higher Education: Global Pressures and Local Realities in South Africa" (with Richard Fehnel et al., 2002).
December 6, 2002
James Zug, freelance journalist and former teacher at an African high school in the Northern Transvaal in South Africa, "The Carry-On: The Legal Affairs of South Africa's Anti-Apartheid Newspaper," an excerpt from his book, "When We Stood Upright: A History of South Africa's Anti-Apartheid Newspaper, the Guardian, 1937–1963" (forthcoming 2004).
February 7, 2003
Donna Katzin, Executive Director of Shared Interest ("a not-for-profit investment fund established to enhance the self-sufficiency of South Africa's low-income communities and their financial institutions"), "From Reconciliation to Reconstruction and Back ... Development Challenges and Opportunities in Today's South Africa."
March 14, 2003
Diana Gordon, Professor of Political Science at the City College of New York and the Graduate Center, City University of New York, and Senior Research Scholar in the Ph.D. program at John Jay College of Criminal Justice, CUNY, "Great Expectations? Democratic Transformation and Criminal Justice in South Africa."
March 31, 2003
Howard Venable, Adjunct Professor (now Visiting Professor), New York Law School, "Land Reform in Post-Apartheid South Africa."
April 11, 2003
Jonathan Klaaren, Professor of Law, University of the Witwatersrand Faculty of Law, Johannesburg, South Africa, "A Second Look at the South African Human Rights Commission and the Promotion of Socio-Economic Rights."
Fall 2001–Spring 2002
December 12, 2001
Professor Saras Jagwanth, Department of Public Law, University of Cape Town School of Law, “The Right to Equality in South Africa.”
February 8, 2002
Professor James L. Gibson, Sidney W. Souers Professor of Government, Washington University, and Distinguished Visiting Research Scholar at the Institute for Justice and Reconciliation in Cape Town, “Does Truth Lead to Reconciliation? Testing the Causal Assumptions of the South African Truth and Reconciliation Process.”
March 15, 2002
Thandabantu Nhlapo, South African Embassy, Washington, D.C. (former member of the University of Cape Town Faculty of Law), “Law Reform and Human Rights in a Multicultural Society.”
April 12, 2002
Professor Stephen Clingman, University of Massachusetts, Amherst, chapter 12 of his book, Bram Fischer: Afrikaner Revolutionary (1998) and Professor Stephen Ellmann, New York Law School, “To Live Outside the Law You Must Be Honest: Bram Fischer and the Meaning of Integrity.”