Abstract:
In this note I discuss the case of Du Toit v Minister of Safety and Security (Du Toit). Also, although my main focus will fall on Du Toit, I refer to the recent defamation case of Robert McBride briefly. Both these cases disclose a few of the many complexities of the 'intersection' between an apartheid past and a future that is post-apartheid, particularly post-apartheid being or rather becoming. Beyond illuminating the wider questions of post-apartheid being, becoming and subjectivity, these cases also contribute to something more specific, namely the becoming of a post-apartheid jurisprudence.
