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17 April 2018 Photo Valentino Ndaba
Researcher probes into military presence in politics - Dr Hlengiwe Dlamini
Dr Hlengiwe Dlamini, a postdoctoral Fellow at the International Studies Group at UFS questions the nature of Zimbabwe’s leadership change in her research.

Was Zimbabwe’s leadership transition in 2017 a classical coup d’état, an unconstitutional change of government or a legal political process? Dr Hlengiwe Portia Dlamini, a postdoctoral Fellow at the University of the Free State’s International Studies Group (ISG), employed this contentious question as the backdrop to her paper titled: “The Paradoxes of Accepting/Rejecting and Constitutionalising/unconstitutionalising the 2017 Zimbabwe coup d’état through the Prism of the Organisation of African Unity and African Union Framework.” She presented her findings at the Stanley Trapido seminar held on 9 April 2018 at the Bloemfontein Campus.

Zimbabwe’s military facilitated the removal of former President Robert Mugabe from power after a 37-year rule. Dr Dlamini’s stance is that the events of 14 November 2017 were a trailblazer for a new form in coup across the globe. In veering from conventional coup elements and adapting alternative terminology in reference to overthrowing Mugabe, Zimbabwe’s military has set the pace for the rest of the world as far as the intertwining of military and politics is concerned.

Remembering 14 November

On the evening of 14 November 2017 the Zimbabwe defence force gathered around the country’s capital, Harare, and seized control of the Zimbabwe Broadcasting Corporation and other key areas of the city. A day later the situation escalated when military spokesman Major General Sibusiso Moyo addressed the citizens via television assuring them there was no military takeover of the government. 

Mugabe’s resignation was announced on 24 November 2017 following a motion of impeachment and a vote of no confidence reinforced by a joint session of parliament and the senate as well as the ruling Zanu–PF party. 

Military and politics intersections
According to Dr Dlamini, Zimbabwe High Court Judge, retired Brigadier General George Chiweshe, justified the military intervention in November 2017 as legal, thereby setting a dangerous precedent for political change in Africa.  

Prompted by the premise that the military overthrow of governments is no longer treated as a domestic issue in the post-cold war era, Dr Dlamini argues that it has become the business of the African Union and donor organisations to intervene and stop coups when they threaten. This explains why, according to Dr Dlamini, the Zimbabwe military establishment struggled to conceal the removal of Robert Mugabe from power as a coup for fear of attracting the wrath of the African Union and other organisations. 

Whether Zimbabwe’s crisis was merely a military response to a popular call by disgruntled citizens or a coup is left to contextual interpretation. 

News Archive

Wrongful suffering must be compensated, Prof Johann Neethling argues
2016-04-20

Description: Prof Johan Neethling, wrongful suffering must be compensated Tags: Prof Johan Neethling, wrongful suffering must be compensated

From the left are Prof Jonathan Jansen, Vice-Chancellor and Rector, Prof Caroline Nicholson, Dean of the Faculty of Law, Prof Neethling, Prof Rita-Marie Jansen, Vice-Dean, and Dr Brand Claassen, Head of the Department of Private Law.
Photos: Stephen Collett

On 11 April, the Faculty of Law held the first of the year’s series of Prestige Lectures presented by Prof Johann Neethling, Senior Professor in the Department of Private Law.  The event was attended by senior faculty members, the Dean of Law Prof, Caroline Nicholson, and the Vice-Chancellor and Rector, Prof Jonathan Jansen.

In his opening remarks, Prof Jansen said “Prestige lectures are at the heart of a university’s academic endeavour. It would serve the university community well to present them more often, as they go to the heart of important issues that affect society”

Prof Neethling made a compelling case for compensation for wrongful suffering by a child born with impairments. Since the mid-1960s, the actions of wrongful conception and wrongful birth have been recognised in South African law. Wrongful conception is defined as when a healthy child is born as a result of failed sterilisation or abortion, and wrongful birth is when a doctor fails to inform parents of a disability before the birth of their child.

“The reality is that a child born with impairments may indeed suffer (sometimes extreme) pain, loss of amenities of life, which would justify an award of damages,” he said.

So far, the action for wrongful suffering has been dismissed by the High Court and the Supreme Court of Appeal. However, he highlighted several cases where wrongful conception and wrongful birth was recognised by the courts.

“Why can the same approach (for wrongful conception and wrongful birth) not be followed in wrongful suffering claims by accepting that a disabled child seeks to address the consequences of its birth?” he asked.

Prof Neethling is regarded as one of the greatest minds in Private Law, not only in South Africa but in the African continent.

A festschrift, Essays in Honour of Johann Neethling (2015), with contributions from more than 50 of his peers around the world, was also launched at the lecture.

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