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Adam Sitze meticulously traces the origins of South Africa's Truth and Reconciliation Commission back to two well-established instruments of colonial and imperial governance: the jurisprudence of indemnity and the commission of inquiry. This genealogy provides a fresh, though counterintuitive, understanding of the TRC's legal, political, and cultural importance. The TRC's genius, Sitze contends, is not the substitution of \"forgiving\" restorative justice for \"strict\" legal justice but rather the innovative adaptation of colonial law, sovereignty, and government. However, this approach also contains a potential liability: if the TRC's origins are forgotten, the very enterprise intended to overturn the jurisprudence of colonial rule may perpetuate it. In sum, Sitze proposes a provocative new means by which South Africa's Truth and Reconciliation Commission should be understood and evaluated.

In the past decade, hundreds of thousands of women from poorer countries have braved treacherous journeys to richer countries to work as poorly paid domestic workers. Scholars and activists denounce compromised forms of citizenship that expose these women to at times shocking exploitation and abuse. InFrom Servants to Workers, Shireen Ally asks whether the low wages and poor working conditions so characteristic of migrant domestic work can truly be resolved by means of the extension of citizenship rights. Following South Africa's \"miraculous\" transition to democracy, more than a million poor black women who had endured a despotic organization of paid domestic work under apartheid became the beneficiaries of one of the world's most impressive and extensive efforts to formalize and modernize paid domestic work through state regulation. Instead of undergoing a dramatic transformation, servitude relations stubbornly resisted change. Ally locates an explanation for this in the tension between the forms of power deployed by the state in its efforts to protect workers, on the one hand, and the forms of power workers recover through the intimate nature of their work, on the other. Listening attentively to workers' own narrations of their entry into democratic citizenship-rights, Ally explores the political implications of paid domestic work as an intimate form of labor.From Servants to Workersintegrates sociological insights with the often-heartbreaking life histories of female domestic workers in South Africa and provides rich detail of the streets, homes, and churches of Johannesburg where these women work, live, and socialize.

Following Jacob Zuma's ascension to the presidency in South Africa, the African National Congress (ANC) has been dogged by rumours of escalating corruption and the personalization of power. This article documents these trends and explores three ways of understanding neo-patrimonialism in South Africa's ruling party. First, the article addresses the possibility that such political habits have a long history within the ANC but were restricted during its years in exile and have begun to resurface now that the armed struggle is over. Second, it considers explanations that relate to the party's historical ties to criminal networks and pressures arising from the transition to majority rule and contemporary electoral politics. Finally, the article investigates whether neo-patrimonialism is a reflection of broader tendencies within South African political and economic life. All three factors are found to have played a role in the rise of neo-patrimonial politics, and it is the confluence of these trends that explains why these dynamics have taken such a strong hold on the party.

This paper applies the rule of law test to emergency regulations adopted to combat a national disaster in South Africa. A declaration of a national state of disaster, such as a pandemic, triggers emergency powers which enable the executive to mitigate the disaster, assist and protect the public, provide relief, and protect property. However, emergency powers provide a pretext for the executive to limit constitutional rights and to curtail the enjoyment of freedoms. These unprecedented powers also pose a risk of arbitrary exercise of public power, which can only be prevented if the promulgation, administration and enforcement of emergency regulations conform to the principles of legality, rationality and proportionality. These principles are understood as tenets of the rule of law in South Africa. They require a strong commitment to respect, protect and promote human rights at a time when they are most vulnerable to violation by the State. Given the role of the judiciary in the maintenance of the rule of law, and the litigation against the emergency regulations adopted in response to the outbreak of the COVID-19 pandemic, this paper also discusses the ensuing case law to illustrate the practical application of the rule of law test to a national disaster.

Background Media is a crucial factor in shaping public opinion and setting policy agendas. There is limited research on the role of media in health policy processes in low- and middle-income countries. This study profiles South Africa as a case example, currently in the process of implementing a major health policy reform, National Health Insurance (NHI). Methods A descriptive, mixed methods study was conducted in five sequential phases. Evidence was gathered through a scoping review of secondary literature; discourse analysis of global policy documents on universal health coverage and South African NHI policy documents; and a content and discourse analysis of South African print and online media texts focused on NHI. Representations within media were analysed and dominant discourses that might influence the policy process were identified. Results Discourses of ‘health as a global public good’ and ‘neoliberalism’ were identified in global and national policy documents. Similar neoliberal discourse was identified within SA media. Unique discourses were identified within SA media relating to biopolitics and corruption. Media representations revealed political and ideological contestation which was not as present in the global and national policy documents. Media representations did not mirror the lived reality of most of the South African population. The discourses identified influence the policy process and hinder public participation in these processes. They reinforce social hierarchy and power structures in South Africa, and might reinforce current inequalities in the health system, with negative repercussions for access to health care. Conclusions There is a need to understand mainstream media as part of a people-centred health system, particularly in the context of universal health coverage reforms such as NHI. Harmful media representations should be counter-acted. This requires the formation of collaborative and sustainable networks of policy actors to develop strategies on how to leverage media within health policy to support policy processes, build public trust and social cohesion, and ultimately decrease inequalities and increase access to health care. Research should be undertaken to explore media in other diverse formats and languages, and in other contexts, particularly low- and middle-income countries, to further understand media’s role in health policy processes.

The Truth and Reconciliation Commission (TRC), established in South Africa after the collapse of apartheid, was the bold creation of a people committed to the task of rebuilding of a nation and establishing a society founded upon justice, equality and respect for the rule of law.

Background Regulatory barriers present significant challenges to clinical trial approval during both “peacetime” and pandemics, particularly for multi-country clinical trials sponsored by academic institutions and low- and middle-income countries (LMICs). While such barriers have been depicted as a “python’s embrace”, analyses of trial approval efficiency and ethical frameworks have largely overlooked clinical trial insurance. Methods I interrogate the evolution of clinical trial indemnification mechanisms, rationales, and operationalisation over the past fifty years through a structured literature review. I then consider the procedural barriers faced by academic institutions conducting multi-country clinical research during the COVID-19 pandemic using a case study of the University of Oxford’s “COPCOV” trial, which was led by the Mahidol Oxford Tropical Medicine Research Unit in Bangkok, Thailand. This includes thematic analysis of more than 65 semi-structured interviews with trial stakeholders and analysis of insurance documents from the Trial Master File and hundreds of stakeholder emails. Results Supplementary reinsurance policies cost over £110,000 during the COPCOV trial, delayed trial approvals by up to nine months in some countries, and were largely justified by sponsors based on concerns about reputational damage. I argue that risk frameworks grounded in financial risk management and the commercial sector have expanded within academic institutions and, when coupled with an expansion of national requirements for “local paper” insurance policies, create serious barriers to initiating trial sites in many LMICs. Conclusions Two potential reform pathways, which are grounded in procedural or systemic reforms and should be led by LMIC-based policymakers, could help to de-barrier clinical trial insurance procedures and ensure that evidence of efficacious (and affordable) countermeasures are available during future global health emergencies.