ABSTRACT
The symbolism of inclusivity and brightness and vitality of our new flag corresponds very much to the national mood in South Africa today. In South Africa two completely different streams that would almost seem to be antagonistic ended up flowing in the same direction. Corporal punishment has been applied ever since the first colonists settled in South Africa. The terrain for a futile human rights culture and jurisprudence would seem to be as inhospitable as one could imagine, and is there more emotional and intellectual investment in the theme of human rights, and more institutional development than in South Africa. The fact is that at that stage it appeared that fundamental rights were something almost opposed to democracy and equality, so very much rejected the notion of fundamental rights. The fundamental rights people gave in to the anti-democratic, anti-majoritarian idea of qualified suffrage.
