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01 August 2023 | Story NONSINDISO QWABE | Photo SUPPLIED
Apartheid Studies, A Manifesto Book Launch
Prof Nyasha Mboti launched his book, Apartheid Studies: A Manifesto, on the UFS Qwaqwa Campus on 25 July 2023.

in a perpetual state of disaster and creating a normalised life, even if it is built on anomalous arrangements, Prof Nyasha Mboti launched his newly published book, Apartheid Studies: A Manifesto, on the UFS Qwaqwa Campus on 25 July 2023.

Prof Mboti is an Associate Professor and Head of the Department of Communication Science at the University of the Free State and is the pioneer and founder of Apartheid Studies, a new interdisciplinary field of study from the Global South, which utilises the notion of ‘apartheid’ as a paradigm by which to understand the confounding persistence and permanence of harm, oppression, and injustice.

Oppressive systems persist in modern South Africa

Making reference to the pass laws that were a dominant form/tool of oppression and segregation during the country’s apartheid system, he said apartheid created a “paradigm of life where things that aren’t supposed to go on, go on. 
Life has to go on even in oppression. People have the capacity to live with harm, and apartheid banks on people’s capacity to go on”.

The daring book posits itself as a first-of-its-kind authoritative study of the phenomenon of apartheid, shedding light on the continuing impact of apartheid decades after its formal abolishment and exploring the idea that while it was intended as a temporary phenomenon, it became deeply ingrained and normalised, persisting in various forms today.

“What apartheid is, is a temporary phenomenon that has become permanent. That is my argument. This book is an attempt to leverage how we live with harm as a way of doing something about it and hopefully putting an end to it. If you can go on one day living in harm and the next, before you know it, four decades of living under Apartheid from day to day have passed. Until we understand it, it persists,” he said.

By asking whether one would queue for a dompas, Prof Mboti challenged the audience to reflect on how oppressive systems persist when normalised, even when inflicting profound harm. 
“Would you queue for a dompas? If your answer is yes, then for me, that is an indication that Apartheid persists. Harm persists. Until we understand it, it persists.”

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Wrongful suffering must be compensated, Prof Johann Neethling argues
2016-04-20

Description: Prof Johan Neethling, wrongful suffering must be compensated Tags: Prof Johan Neethling, wrongful suffering must be compensated

From the left are Prof Jonathan Jansen, Vice-Chancellor and Rector, Prof Caroline Nicholson, Dean of the Faculty of Law, Prof Neethling, Prof Rita-Marie Jansen, Vice-Dean, and Dr Brand Claassen, Head of the Department of Private Law.
Photos: Stephen Collett

On 11 April, the Faculty of Law held the first of the year’s series of Prestige Lectures presented by Prof Johann Neethling, Senior Professor in the Department of Private Law.  The event was attended by senior faculty members, the Dean of Law Prof, Caroline Nicholson, and the Vice-Chancellor and Rector, Prof Jonathan Jansen.

In his opening remarks, Prof Jansen said “Prestige lectures are at the heart of a university’s academic endeavour. It would serve the university community well to present them more often, as they go to the heart of important issues that affect society”

Prof Neethling made a compelling case for compensation for wrongful suffering by a child born with impairments. Since the mid-1960s, the actions of wrongful conception and wrongful birth have been recognised in South African law. Wrongful conception is defined as when a healthy child is born as a result of failed sterilisation or abortion, and wrongful birth is when a doctor fails to inform parents of a disability before the birth of their child.

“The reality is that a child born with impairments may indeed suffer (sometimes extreme) pain, loss of amenities of life, which would justify an award of damages,” he said.

So far, the action for wrongful suffering has been dismissed by the High Court and the Supreme Court of Appeal. However, he highlighted several cases where wrongful conception and wrongful birth was recognised by the courts.

“Why can the same approach (for wrongful conception and wrongful birth) not be followed in wrongful suffering claims by accepting that a disabled child seeks to address the consequences of its birth?” he asked.

Prof Neethling is regarded as one of the greatest minds in Private Law, not only in South Africa but in the African continent.

A festschrift, Essays in Honour of Johann Neethling (2015), with contributions from more than 50 of his peers around the world, was also launched at the lecture.

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