Abstract
Abstract After the first democratic election ever held in South Africa on the 27th of April 1994, South Africa ostensibly shed the shackles of apartheid legislation and became what Archbishop Desmond Tutu had so often called South Africa: a ‘Rainbow Nation’. With the thrill of ‘one person, one vote’ keeping South Africans euphoric for some time, it was only awhile later that the golden haze of this ‘rainbow’ started to cloud over. The depth of the legacy of apartheid law started to manifest itself in how difficult it was for our ‘new’ South Africa to begin shifting and changing legal practices. South Africa’s National Party government had hegemonically constructed and used a legal system to justify racist apartheid state power. While this legal system operated in many seemingly non-race related areas, such as the censorship of sexually explicit material,
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