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30 May 2023 | Story Dr Mpumelelo Ncube | Photo Supplied
Dr Mpumelelo Ncube
Dr Mpumelelo Ncube is a Senior Lecturer in the Department of Social Work, University of the Free State.


Opinion article by Dr Mpumelelo Ncube, Head of Department and Senior Lecturer in the Department of Social Work, University of the Free State.


The year 2023 marks the diamond jubilee of the establishment of the Organisation of African Unity (OAU), currently known as the African Union (AU), which was founded in Addis Ababa. The visionary founders, including President Kwame Nkrumah and Emperor Haile Selassie, aimed to bring about political change in African states and restore the dignity of African people, who had long suffered under colonial subjugation and disenfranchisement. Their vision encompassed a united Africa, free from oppression, governed by self-determination, and destined for prosperity.

Over time, the OAU transformed into the AU, with the intention of accelerating the dream of African unity and eradicating the social, political, and economic challenges that had begun to define African states. Pan-Africanism emerged as a beacon of hope, inspiring many who understood its significance at the organisation's inception. As we reflect on the ideals cherished by the founding fathers and reaffirmed by their successors in 2002, it is crucial to contemplate four of the seventeen aims articulated during the launch of the African Union in Durban.

Unity and solidarity between African countries and their people

Firstly, the AU aims to achieve greater unity and solidarity between African countries and their people. In pursuit of this goal, notable actions have been taken, such as the establishment of the Peace and Security Council (PSC) to maintain peace in conflict zones such as Mali, Sudan, Somalia, and the Central African Republic. Moreover, in response to the COVID-19 pandemic, the AU set up the Africa Medical Supplies Platform (AMSP) to facilitate the procurement and distribution of medical equipment and supplies throughout the continent. While these achievements are commendable, the majority of the other intentions under this aim lack a concrete plan of action, and the lack of sufficient funding is hampering progress. This presents a cause for concern.

Secondly, the AU pledged to defend the sovereignty, territorial integrity, and independence of its member states. Despite the development of intervention instruments to support this aim, the organisation has been found wanting at critical junctures. One cannot forget the adoption of Resolution 1973 by the United Nations Security Council, which authorised national governments or regional organisations to impose a no-fly zone in Libya, ultimately leading to the assassination of Colonel Muammar Gaddafi. Colonel Gadhafi played a pivotal role in the formation of the African Union and declared his vision for the United States of Africa with a single government and one currency. Surprisingly, three AU member states – South Africa, Nigeria, and Gabon – voted in favour of this resolution. Their actions raised doubts about their commitment to defending the sovereignty, territorial integrity, and independence of the AU.

Africa faces a harsh reality

Africa, a continent with immense potential for growth and development, faces a harsh reality that cannot be ignored. Its burgeoning population holds great promise for contributing significantly to its advancement. Additionally, Africa is blessed with abundant mineral resources, the prudent management of which could sustain the developmental aspirations of its people. Furthermore, Africa's expansive land mass and diverse climate present valuable opportunities to address crucial concerns such as food and energy security. It is perplexing that Africa, a continent three times the size of the United States of America, continues to lag behind in all aspects of development. The continent has enormous potential to foster growth and development and to compete on a global scale. Regrettably, it has thus far failed to harness this potential, leaving the dream of African prosperity, initially envisioned by the founders of the OAU (AU) and their successors, frustratingly out of reach.

As we commemorate the diamond jubilee of the OAU's establishment, let it serve as a reminder of the vision and determination of its founders. Their dreams for an Africa united, free from oppression, and governed by self-determination still resonate today. It is our collective responsibility to ensure that these dreams are no longer scuppered, but rather transformed into a vibrant reality of African prosperity.

News Archive

Democracy and traditional leadership in rural areas explored
2017-09-22

Description: Democracy Tags: Democracy, customary law, human rights, research, constitution 

Prof Lungisile Ntsebeza, recipient of the NRF Hamilton
Naki Award
Photo: Supplied


The Free State Centre for Human Rights held a presentation by Prof Lungisile Ntsebeza on 7 September 2017 at the University of the Free State (UFS) Bloemfontein Campus on the topic of democracy and traditional leadership in rural areas. Prof Ntsebeza is the holder of the AC Jordan Chair in African Studies at the University of Cape Town and the holder of the National Research Foundation (NRF) Research Chair in Land Reform and Democracy in South Africa. 

Conflict between democracy and traditional rule
The topic of democracy and traditional leadership in the rural areas is an example of the tension between democracy and customary law governing the appointment of traditional leaders (headmen) that is currently at play in many parts of the country. Prof Ntsebeza made reference to a court case in the Eastern Cape, where a community successfully challenged the appointment of a headman by the royal family of the area. The contention was whether royal families could appoint headmen in rural communities or if those communities ought to democratically elect their own leaders. He argued that in this specific case, the democratic imperatives of the Constitution did not conflict with customary law because of the particular communal practice of electing leaders. 

The Constitution and customary law

The Constitution of South Africa recognises customary law provisions which are not in conflict with its fundamental values. Difficult legitimacy problems may arise where customary practices are different from those governing this particular case. Ultimately the Constitutional Court would be called upon to resolve inherent tensions and develop customary law in line with the direction foreseen in the Constitution.

Student engagement as a vehicle for change
The event was attended by UFS staff and fourth-year LLB students in the Faculty of Law, and was funded by the Free State Centre for Human Rights at UFS. The programme is one of several that the centre seeks to utilise in engaging students with researchers and scholars in the field of law and human rights. Prof Ntsebeza has given academic presentations on various related and trending topics in the current academic climate, such as decolonising the curriculum, Cecil John Rhodes and others. He was recently awarded the Hamilton Naki Award at the 2017 National Research Foundation Awards.

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