A comparative analysis of the Bophuthatswana bill of rights from an international law perspective.

Abstract

It is difficult to define "human rights". Is it a political or a legal concept? Notwithstanding this difficulty which is primarily academic, Bophuthatswana has been able to entrench and enforce a justiciable Bill of Rights which is embodied in its Constitution. In Part One there is a general discussion on the concept of human rights together with a general overview of the events leading up to the independence of Bophuthatswana. The nature of the Bophuthatswana Constitution is analysed. The provisions of the Bill of Rights are enumerated and there follows a detailed discussion and analysis of all judicial decisions in which the Bill of Rights was in issue. The general theme of this thesis is to compare the Bophuthatswana Bill of Rights with other instruments, whether national, regional or international. Part Two, therefore looks at the protection of human rights in certain selected countries. These particular countries have been chosen because their Constitutions contain Bills of Rights. Part Two also examines in great detail the judicial protection of the rights guaranteed in each of these countries. For the sake of completeness, Part two concludes with a resume of the position of human rights in each of the other independent international states (that is, Transkei, Ciskei and Venda). Part Three considers the role of regional organisations and regional conventions on human rights of which the most effective is the European Convention. Part Four surveys the international protection of human rights, particularly the United Nations and the many conventions initiated by that body. Part Five comprehensively considers each human right enumerated in the Bill of Rights in a systematic and comparative manner with similar provisions in other national, regional and international instruments. In order that there might be some conception of the kinds of violations involved, decided cases under the European Convention are exhaustively referred to. Part Six concludes this thesis with a brief look at some other important rights (in the author's view) that are excluded from the Bill; and also a discussion on the future trends in Bophuthatswana with regard to the promotion and protection of human rights and fundamental freedoms.