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18 May 2022 | Story Nombulelo Shange | Photo Andre Damons
Nombulelo Shange is a Lecturer in the Department of Sociology at the UFS and Chairperson of the University of the Free State Womxn’s Forum.

Opinion article by Nombulelo Shange, Lecturer in the Department of Sociology at the University of the Free State and Chairperson of the University of the Free State Women’s Forum.


Overview of African Union’s role in apartheid resistance 

 

South Africa’s democracy might not have existed today without the sacrifices and support of African states and their citizens who supported the Pan-Africanist ideals of a free and united Africa. Ideals that were pushed by the then Organisation of African Unity (OAU), later named the African Union (AU). Africa Day is a celebration of the formation of the AU, which was founded on 25 May 1963. The political and financial support that the OAU extended to South Africans resisting apartheid differed with the changing tides of the struggle. When the apartheid police were violently crushing student resistance in the 1970s, many fled to different African countries, where the OAU funded their stay. They did the same to support the rise of the armed struggle; uMkhonto weSizwe soldiers were assisted by the OAU, especially when it came to living expense while in exile. They also threw a lot of their efforts into international lobbying for the liberation of South Africa. 

Influential figure in the formation of the OAU, post-independence Ghanian leader and scholar Kwame Nkrumah, said: 
“The independence of Ghana is meaningless unless it is linked up with the total liberation of the continent.”

The OAU maintained this outlook for decades, with South Africa being one of the last African states to gain freedom in 1994, where most gained their freedom from colonial rule between the 1950s and 1970s. There is a long history of how the OAU and various African states fought for our freedom as black South Africans, a history so long that this brief overview does not even begin to illustrate the depth of the solidarity we received from different African countries. 

A xenophobic South Africa

The xenophobic South Africa we find ourselves in today is a huge betrayal of the work and sacrifices of leaders such as Nkrumah and the citizens who backed his dreams of a united and liberated Africa. The colonial governments left many social challenges, and it was not uncommon for them to purposefully destroy infrastructure as they left the colonies. Citizens would have been justified in demanding that the OAU direct its resources and attention solely to the rebuilding of independent African states rather than supporting the anti-apartheid resistance. 

The even bigger betrayal within xenophobic South Africa is that we maintain the colonial borders that were drawn up in the scramble for Africa while the west was determining our value based on the mineral wealth in our land and our importance only as free or cheap labour. When we fight for a South Africa that exists in silos from the rest of the African continent and question the mobility that once existed before the drawing up of colonial borders, then we allow the goals of our colonisers to continue to live and encumber us. We halt the much-needed free flow of life-affirming and possibly lifesaving ideas between us and our neighbours to tackle the many social ills that colonialism has left us with. When we maintain these decisions that were constructed to keep us oppressed and reliant on the West, we strengthen the legacy built on our oppression.  

The self-hate rooted in xenophobic South Africa

A lot of our resistance to ‘outsiders’ coming in is almost always directed at African immigrants, and this is a betrayal of our own identity and sense of self. It shows the deep self-hate that we as black South Africans carry with us and maintains the ‘better black’ narrative usually enforced by whiteness. South Africans are starting to see themselves as the ‘better blacks’ based on oppressive racist reasoning such as colourism, where lighter is perceived as better. We see ourselves as ‘better blacks’ because of our aspirations to be ‘white adjacent’, sounding white, mastering Western culture, looking white, conquering Western languages, etc. 

In his discussion of Frantz Fanon’s psychoanalysis on blackness, philosopher Kwame Anthony Appiah said: 
“Black children raised within the racist cultural assumptions of the colonial system, can partially resolve the tension between contempt for blackness and their own dark skins by coming to think of themselves, in some sense, as white.”
So, if you do not fit these categorisations, you are seen as dangerous, unsophisticated, ugly, or uneducated. You mirror the false stereotypical ideals of blackness or the blackness we have been taught to run from or conceal. African immigrants coming into South Africa tend to be perceived as not ‘white adject’ enough and end up being victimised on those and other grounds. Another dangerous dimension is ‘tribalism’ – if you can’t or don’t adequately assimilate to South African culture or speak the languages because you are an ‘outsider’, then you are victimised or further excluded. 

Drawing comparisons between xenophobic South Africa and the Rwandan genocide

The Rwandan genocide is one of the most dangerous illustrations of what happens when these two systems of oppression come together. The genocide took place in 1994; within a few months, the conflict claimed the lives of 800 000 Tutsis who were killed by the Hutus. Many issues sparked the genocide – ‘tribalism’ and the desire to be ‘white adjacent’ were just some of the reasons. The Tutsis were the favoured minority by the Belgium colonial government. When Rwanda gained its independence, the Belgium government transferred much of the political and economic power to the Tutsis, because they were believed to be closer to whiteness and therefore superior to the Hutus. Vulgar racism classifications, which were considered scientific knowledge, were used to draw this conclusion. The Tutsis were seen as having more Western features, such as sharper, smaller noses, being taller, etc. Rwandans internalised these oppressive classifications and it created tensions that eventually sparked the genocide. 

South Africa’s frequent violent xenophobic outbursts are not too far removed from the Rwandan history. The emergence of violent groups such as Operation Dudula, which spreads hatred on social media, is reminiscent of the anti-Tutsi propaganda that Hutus spread through radio in Rwanda before and during the genocide. Superficial categorisations such as skin colour are usually used to determine who is South African and who is not. Often South Africans end up also being attacked in the process, because the idea that South Africans do not have dark hues is a false social construct. Like Rwandans, we are uncritical of dangerous black constructs created by whiteness. And like the Hutus, we scapegoat the challenges created by colonialism and apartheid and which our government fails to adequately address. We blame our poverty, rising unemployment, and other social ills on African immigrants, who are also experiencing dehumanising abuses in workplaces that see them as easily disposable, while also navigating a violently xenophobic South Africa. 

This goes against the Pan-Africanist dreams of important leaders like Nkrumah, while distracting us from the problems that really matter, such as land, the economy, access to dignified work, health care, education, etc. These are all structures still largely owned or controlled by white beneficiaries of colonialism and apartheid in South Africa. So, while we attack African immigrants for low-skilled work and opportunities that are not enough to go around even without the presence of immigrants, patriarchal whiteness maintains its dominance and control over our land, economy, and our sense of self.

News Archive

UFS law experts publish unique translation
2006-06-21

Attending the launch of the publication were from the left:  Prof Boelie Wessels (senior lecturer at the UFS Faculty of Law), Prof Frederick Fourie (Rector and Vice-Chancellor of the UFS), Prof Johan Henning (Dean: UFS Faculty of Law) and Adv Jaco de Bruin (senior lecturer at the UFS Faculty of Law). Prof Wessels translated the treatise from corrupted medieval lawyer Latin into English, Prof Henning is the leading author and initiator of the publication and Adv de Bruin assisted with the proofreading and editing. Photo: Stephen Collett

UFS law experts publish unique translation of neglected source of partnership law

The Centre for Business Law at the University of the Free State (UFS) has translated a unique long neglected Roman-Dutch source of the law of partnership law from Latin into English.  This source dates back to 1666. 

The book, called Tractatus de Societate (A Treatise on the Law of Partnership), by Felicius and Boxelius is published as Volume 40 in the research series Mededelings van die Sentrum vir Ondernemingsreg/Transactions of the Centre for Business Law.  It is the first translation of this Roman-Dutch source into English and comprises of a comprehensive discussion of the South African common law of partnerships.  

“Apart from various brief provisions dealing on a peace meal and an ad hoc basis with diverse matters such as insolvency, there is no comprehensive Partnership Act in South Africa.  The law of partnership in South Africa consists of South African common-law, which is mainly derived from Roman-Dutch law,” said Prof Johan Henning, Dean of the Faculty of Law at the UFS.  Prof Henning is also the leading author and initiator of this comprehensive publication.

“Countries such as America, England, Ireland and The Netherlands have drafted or are in the process of establishing new modern partnership laws in line with new international guidelines, practices and commercial usages,” said Prof Henning.

“However, in South Africa the most recent policy document released by the Department of Trade and Industry explicitly excludes partnership law from its present company law reform programme and clearly regards this as an issue for another day,” said Prof Henning.

“Unless there is a political will to allocate the necessary resources to a comprehensive partnership law revision program, it is a practical reality that South Africa will not have a modern Partnership Act in the foreseeable future,” said Prof Henning. 

According to Prof Henning South African courts have been using the Roman-Dutch partnership law sources as authority.  “The English Partnership Act of 1890 is not binding and the English text books should therefore be approached with caution,” said Prof Henning.

“A treatise on the law of partnership that has been regarded by South African courts as an important common law authority is that of  a Frenchman by the name of Pothier.  This treatise was translated into English and was regarded as an au­thority of significance in The Netherlands towards the end of the eighteenth century,” said Prof Henning. 

“Pothier’s opinions are however not valid throughout in the Roman-Dutch partnership law as it did not apply to the Dutch province of The Netherlands and it sometimes also rely on local French customs for authority,” said Prof Henning.

For this reason the Centre for Business Law at the UFS decided to focus its attention again on the significance of the comprehensive treatise of Felicius and Boxelius on the Roman-Dutch partnership law.  Felicius was an Italian lawyer and Boxelius a Dutch lawyer.

This long neglected source of partnership law was published in 1666 in Gorkum in The Netherlands.  "A significant amount of Roman-Dutch sources of authoritive writers trusted this treatise and referred to it,” said Prof Henning.

The translation of the treatise from corrupted medieval lawyer Latin into English  was done by Prof Boelie Wessels, a very well-known expert on Roman Law and senior lecturer at the UFS Faculty of Law.  Prof Wessels, who  has 15 degrees, spent almost ten years translating the treatise.  The proofreading and editing of the translation was done by Prof Henning and Adv Jaco de Bruin, a senior lecturer at the UFS Faculty of Law.

“We want the South African courts to use Volume 40 in the research series Mededelings van die Sentrum vir Ondernemingsreg/Transactions of the Centre for Business Law as the primary source of reference when cases where Roman-Dutch Law partnership law principles are involved, are ruled on,” said Prof Henning.

The first part of the publication comprises of selected perspectives on the historical significance of the work as well as a translation of selected passages. “The intention is to follow this up expeditiously with the publication of a very limited edition of a complete translation of the work,” said Prof Henning.

A total of 400 copies of the publication will be distributed to all courts, the Appeal Court and the Supreme Court.

Media release
Issued by: Lacea Loader
Media Representative
Tel:   (051) 401-2584
Cell:  083 645 2454
E-mail:  loaderl.stg@mail.uovs.ac.za
21 June 2006

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