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23 September 2020 | Story Prof Theodore Petrus | Photo Supplied
Prof Theodore Petrus is Associate Professor of Anthropology at the University of the Free State.

As we as a South African nation prepare to celebrate Heritage Day on 24 September, and as we reflect on our heritage during Heritage Month, what stands out clearly is that this year’s heritage celebrations will be somewhat … different. It will not be like previous celebrations because as a country, we – along with our fellow continental and global citizens – have experienced what can be described as one of the greatest health, social, and economic challenges that we as a species have ever faced. The repercussions and impact of the COVID-19 pandemic will be felt for some time to come. And it is this realisation that may cast a little damper on our celebrations during this #Heritage Month.

But what can our shared heritage as South Africans teach us about who we are as a people, and how can this knowledge help us to adapt to and overcome the long-term challenges wrought not only by the pandemic, but also by the many other challenges facing us? 

Heritage Day is a celebration of our cultural heritage and diversity as a nation. It presents us with an opportunity to reflect on our individual and collective heritage. It is also an opportunity for us to take stock of the cultural and other resources that enable and empower us to take ownership of what we want to be as a nation, as a country, as a people. 
So, in view of the questions raised earlier, here are some ideas on what I think our shared heritage can teach us:

1. The heritage of where we come from

Inasmuch as our past is a painful one – a past that still has lingering effects decades after the transition to a democratic dispensation – it still plays a fundamental role in shaping who we are now, and who we want to become.
Colonialism and apartheid sought to suppress our indigenous cultures and traditions, and had a negative impact on our psyche, self-confidence, and dignity as indigenous and African people. But one positive that came from this, is that if it was not for our shared heritage of colonialism and apartheid, we probably would not have become the nation we needed to become to bring it to an end.  

Instead of destroying symbols of that painful past, we need to shift our perspective to re-interpret those symbols in a new way. The power of cultural symbols lies in their meanings. Symbolic anthropologist Victor Turner spoke about the ‘multivocality of symbols’, meaning that we can ascribe whatever meanings to our cultural symbols we choose. Let us reflect on how we can change the current meanings we ascribe to our cultural symbols that reflect an awareness of how the heritage of where we come from does not keep us trapped in negative and painful meanings of these symbols, but instead inspire us to create new positive meanings.

2. The heritage of where we are now

After 1994, we began the process of creating a new contemporary heritage as a nation struggling to free itself of the burden of a painful past. And while it was difficult, we have made significant strides. Yes, we do still face challenges rooted in the past: institutional and structural violence; race and diversity-related issues; intercultural and intergroup conflicts; crime and violence against men, women, and children; corruption at various levels of governance; and others. We are also faced with ‘newer’ challenges as a country that is part of the globalised world. Poverty, inequality, unemployment, slow economic growth, and ailing infrastructure are all contemporary problems, some of them rooted in the past, others the product of the contemporary context. 

What can we learn from our shared heritage of where we are now that can help us to overcome these contemporary challenges? We need to remind ourselves of what we are capable of as a nation. We have ended an oppressive regime, not once but twice. And, with all of the challenges, problems, and obstacles, we are still here.

3. The heritage of where we are going

This might sound strange, because heritage usually refers to the past and present. Rarely do we speak of heritage in a future-oriented context. However, as a nation, given our past and given our present, where we come from and where we are now determines where we are going. 

As South Africans, we need to ask the question: where do we want to go? Are we heading in that direction? If not, how do we change course so that we do go in the right direction? I have no simple answer. But what I can suggest is that it should start with critical self-reflection, both individually and collectively. We also need to ask ourselves what legacy we want to leave for future generations. Do we want them to still be struggling with the same problems and challenges that we are dealing with right now? Or do we want to leave them a legacy of a nation that stood up to its challenges, took ownership of them, and found a way to overcome them?

A globally devastating pandemic. A painful past. A present wrought with seemingly insurmountable obstacles. As a South African, as a child of the soil, I know that as a nation we can overcome, and we can emerge better and stronger. That is our heritage. The heritage of hope.

 

Opinion article by Prof Theodore Petrus, Department of Anthropology, University of the Free State 

News Archive

Inaugural lecture explores the compatibility of commercial certainty and constitutionalism
2015-10-15

From the left: Prof Caroline Nicholson,
Prof Elizabeth Snyman van Deventer,
Justice Malcolm Wallis and Dr Lis Lange.

Justice Malcolm Wallis presented his inaugural lecture, entitled “Compatibility of commercial certainty and constitutionalism”, to the Faculty of Law on 17 September, 2015. The occasion was attended by faculty staff, students, and senior members of the Bloemfontein judiciary.

In her welcoming remarks, Prof Caroline Nicholson, Dean of the Faculty of Law at the UFS,  expressed the immense pride the faculty has in hosting such an occasion, and the remarkable work of Justice Wallis in the South African legal fraternity over his forty-year career.

Justice Wallis spoke of the constitution’s important role in ensuring that the law in commercial matters is enforced fairly without the prejudice or undue influence from the desire to obtain or preserve personal advantage. “Try, if you can, to conceive of a society in which commercial relationships are enforced and enforceable purely as a matter of discretion. Ask yourselves:  how would such a society function?” he said.

He reiterated that the role and the rule of law is to guide and protect parties in commercial transactions. It has considerable impact on society in how it is enforced. “Commercial disputes may seem to involve only the parties to the proceedings, but when they involve significant changes to established commercial law, their impact is inevitably wider. Such changes affect other agreements, other relationships, underlying financing transactions, and, in our modern world, contracts of insurance and reinsurance. The latter at least will always have an international dimension,” he said.

He explored specific judgements and the role the concept of “Ubuntu” played in delivering them, the fair enforcement of commercial law, and how this should be an integral part of South African law under the constitution.

 In closing, Justice Wallis stated that “in principle, the existence of a constitution and constitutional rights need not destabilise commercial law, or the reasonable expectations of business people.”

Justice Wallis has received numerous accolades locally and internationally during his long career, including his appointment as a Professor Extraordinary in the Department of Mercantile Law at the University of the Free State in 2014.



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