Latin American Report - Volume 26, Issue 2, 2010
Volume 26, Issue 2, 2010
Author Mpfariseni BudeliSource: Latin American Report 26, pp 76 –82 (2010)More Less
December 2010 was an exciting month for South Africa with its admission to the forum constituted by Brazil, Russia, India and China (BRIC) as the biggest emerging economies outside the developed world. BRIC then became BRICS with 'S' representing South Africa. South Africa's admission to BRICS was an unprecedented development that helped to strengthen its position at an international level. While the government and some stakeholders were delighted and welcomed South Africa's admission to the forum as an opportunity for economic growth for both South Africa and the rest of the continent, others were rather critical. The president of the African National Congress Youth League (ANCL), Julius Malema, was among those who considered South Africa's admission to the forum a shocking move. They argued that South Africa's participation in BRICS was detrimental to South Africa's economy and African economic renaissance, with South Africa becoming more vulnerable to other BRICS nations. The debate continues as to whether or not South Africa's participation was a good thing for the South African economy and Africa's economic recovery. Against this background, this paper briefly reflects on BRICS, South Africa's participation and what it means for economic growth and the development of South Africa and the African continent it represents.
Remedies for defective performance in South African contract law and the Vienna Convention for the International Sale of Goods (CISG)Author Beauty VambeSource: Latin American Report 26, pp 83 –106 (2010)More Less
This study focuses on a comparison of remedies for defective performance found in South African Law and the Convention for the International Sale of Goods (CISG). Contract law appears to be changing due to the impact and effects of globalisation. However, South African (SA) laws seem to be lagging behind, or appear to be limited and focused on domestic laws with little or no influence from international trade laws. The CISG promotes laws that are free from set legal systems or legal families that could hinder trade between buyers and sellers internationally. The aim of this paper is to explore changes that have occurred in international trade law remedies and look at how they can best be implemented to help improve the remedies in South African contract law. Specifically, the objectives of the paper are as follows:
- Identify remedies that are offered in the CISG and those that are offered under SA law of contract.
- Compare and contrast the remedies between CISG and SA law of contract and focus on the limitations in which SA law secularises itself.
- Evaluate the outcome, focusing on where the two converge and diverge.
- Last but not least, prescribe solutions or recommendations on how adopting the CISG legal instrument can help SA improve on the quantity, quality and texture of remedies it offers to its consumers.
The construction of subaltern consciousness in Zimbabwe's protest theatre : the case of Heaven's DiaryAuthor Kelvin ChikonzoSource: Latin American Report 26, pp 107 –113 (2010)More Less
This paper seeks to analyse how the consciousness of marginalised members of society is constructed within the struggle for transformation in Zimbabwe. We seek to explore how subaltern characters are allowed to portray or demonstrate independent intellectual agency over their thought processes. We are interested in seeing how subaltern characters are allowed to exercise authority over their actions as well as how they are allowed to explicate the struggle for change in terms of their own consciousness. We argue that this play invents subaltern consciousness in a manner that is meant to undermine its significance in designing the discourse of change and transformation in Zimbabwe.
Re-envisaging the 'rape trope' in Alice Walker's works and its implications for race relations in a polarised societySource: Latin American Report 26, pp 114 –126 (2010)More Less
This paper explores rape in Alice Walker's works from a literary rather than criminological viewpoint, and it is argued that bourgeoisie middle class morality is crucial in influencing the way crime is perceived. Walker treats rape as a racial crime and not as a human phenomenon in general. Where Alice Walker problematises the African-American man as a rapist, she is not at pains to do the same thing with the white man when confronted with the same charge. Walker seems to pander to a sensibility of the white bourgeois middle class ideology with its inherent haughty and suspicious attitude to the lower class black people in particular and black people in general. As readers, instead of appraising Alice Walker's treatment of rape as informed by an abhorrence of the crime, we see the same racial stereotypes as peddled by Caucasian Americans, which consequently offer justification for further exploitation and incarceration of black men.
Author Urther RwafaSource: Latin American Report 26, pp 127 –140 (2010)More Less
The aim of this article is to explore the narratives of two short documentary films, Tariro (2004) and The Whisper (2006). Through the narrative of the short film, Tariro exposes the prohibitive and constrictive influences of tradition on creativity, and on the female characters. These forms of censorship are a result of (1) 'fixed' cultural beliefs about female sexuality, (2) fantasies and myths created about HIV/AIDS, and (3) the fictions created about representing factual information through documentary films. The short film, The Whisper (2006) captures 'voices' of people who critically reflect on factors that hinder the development of women in different spheres of life. It is argued that, although The Whisper provides a platform for women to speak about the problems they face in life, the documentary's ways of depicting women's struggles creates ambivalent images of women as both 'weak' but also possessing an historical agency with which to overcome social stigma.
Source: Latin American Report 26, pp 141 –152 (2010)More Less
This paper explores the presentation of black crime in Richard Wright's The Native Son, Ralph Ellison's The Invisible Man and James Baldwin's Go Tell It on the Mountain. Apart from questioning the wisdom of projecting black people who display criminal tendencies in the above-mentioned texts, the paper places crime and black criminality in the broad discourse of race relations in America. In a society where black people are believed to harbour criminal tendencies, these writers' presentation of black characters is fraught with ambiguities. It is a truism to say that the writers may have intended to show black deprivation, poverty and the attendant immorality; however, in the process they produce images that justify black people's criminalisation, exploitation and further incarceration. It is perhaps needless to point out that the bulk of the images of the black family that we track in the three texts are pathological. One way of looking at these repulsive images is to claim that the three writers do not believe in them. Therefore, they use hideous images of black people as criminals in what amounts to critical realism so that the system will transform itself and stop reproducing such characters. Another approach is to look at the images in a clinical way, assuming that the writers exhort black people to shun criminal behaviour in spite of the stakes against them. The article puts a laser-sharp focus on the multipronged meanings that can be deduced from the societies we see in the three texts.