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25 April 2024 Photo Supplied
Khanya B Motshabi
Khanya B Motshabi is a Senior Lecturer of Public Law and the Strategy Lead of University of the Free State Africa Reparation Hub.

Opinion article by Khanya B Motshabi, Senior Lecturer of Public Law and Strategy Lead of UFS Africa Reparation Hub.


Unjustified injuries inevitably trigger demands for remediation, almost always, at some point.  If so, colonial-apartheid atrocities rightly produce claims to redress. This face of reparative justice claims is easily cognisable. But it hides a deeper and larger claim to wholeness. Wholeness returns something to its original condition, or nearly there, and compensates for intervening fissures. Return and reparation are thus key remedies for colonial-apartheid harms. Wholeness builds on such ideas as replacement, atonement, restoration, and restitution. Wholeness concepts recognise, enable, and propel national reconstruction, an essential for shattered nations. This logic is perfectly compelling. Appreciation of colonial-apartheid depredations may be faint. However, colonial-apartheid harms equate to major world system shocks. Think of natural and ecological disasters, public health crises and material armed conflict. Picture post-1945 Germany. Imagine post-Belgian genocide Congo. Take Rwanda post-genocide. And on, we could continue.

Inevitable calls for justice

Reparative justice scholarship must frame the imperative of global justice. It imagines the world of our dreams. These fit the emerging world system opportunities, including timing inflections, to which I return. The fundamental justice thrust of reparatory scholarship is as eternal, of course, as is unremedied unjust injury. This intellectual, and political, ambition fuels the University of the Free State (UFS) Africa Reparation Hub. Reparatory scholars must prove the historic injury. This is not a tool of attack, discomfiture, or division. It merely grounds the justice claim. Domain scholars must, directly and indirectly, articulate this justice claim. Accordingly, we must cement relationships with both the African Union (AU) and sub-continental multilateral organisations. The Reparation Hub helps formulate AU reparative claims across conceptual, legal, political, and diplomatic realms. The Hub is assembling a Panel of Experts on Africa Reparations Experts (PEAR). The hub is creating a comprehensive Africa reparations information archive and resource repository. Recently, the Hub, Department of Public Law and Faculty of Law hosted their first reparations seminar, with Prof Saleem Badat as leader and Prof Pearl Sithole as discussant. The Hub officially launches in June 2024. The Hub continues its reparatory justice research. Undergraduate and graduate teaching and learning programmes could and should follow, in well-chosen good time, with due protocols.

Building the framework for justice

Reparative scholarship inhabits an ethically and morally attractive moral universe. Subjugation of former colonists, often current neo-colonialists, does not belong there. That would be wrong. Indefensible. What we want is a world defined by justice. There, human security and a sound peace and community among nations are possible. The supplicant status of former colonies must be reversed. The current world order obstructs - effectively precludes - human rights realisation in the post-colony. Post-colonial human rights enjoyment rests not simply on abstractions like freedom, equality, dignity, separation of powers and the rule of law. Intrinsically, these abstractions offer obvious human rights and human dignity value. Less obvious is their contextually defective human rights proposition. That the lofty rhetoric, and ostensible principles, should easily co-exist with endemic violations is strange. Deliberate worldwide human abuses, including war and genocide, especially against dark coloured persons are strange, or should be, strange. One international hegemon was at peace for about fifteen units of its near 250-year life, only. A global power has militarily attacked an estimated 85 to 100 countries, merely between 1945 and 2011.

The archetypal victim is a global South human. This is a poor human rights formula for the mythological exotics, the ones who by general misperception, are deservedly subject races.  African peoples, lawyers and scholars hardly have coherent experiential human rights stories. Such is our history, past and present. That human totality has shared aspirations matters not a jot. That humanity shares the same earth-space community is an incidental and dismissible insight. 

Perforce, the foundation of global South human rights protection is different. Coloniality, or enduring post-colonial colonial relations, must end. Reparation must, among other things, reverse at least those development deficits connected to colonial exploitation. Reparation, in the material form, can restore some extracted economic value. As both end and means, reparation is essential for post-colonial human liberty and fulfilment. Accordingly, decoloniality and reparations inherently drive quality post-colonial human rights outcomes. Instrumentally, decoloniality and reparations enhance global South human rights realisation. Political design imperfections aside, the painfully emerging multipolar global democracy may offer superior human rights actualisation. Life is, in this sense, a gamble. We have no choice on that world architecture gamble. But the geopolitical recalibration, itself, is afoot and assured. So, reparative justice features in a precious trio: decoloniality, reparations and multipolarity. Under this trio lies a vital ontology: validly, dark peoples are indeed human and dark nations are indeed nations. Dark peoples legitimately claim, and truly enjoy, human rights and human dignity. That eminent scholar, Michael Riesman, illustrates acutely. Human rights and human dignity are not myth system. Human rights and human dignity are operational code, reality.

The path to human rights

The forecast multipolar, decolonial and reparative conditions present a signal world system opportunity. The timing seems apt. And the opportunity promises much. The constitutive work is currently underway, as is evidently though murky. The architecture is difficult to imagine, design and assemble. But our dreams are crisp and bright. We want and deserve to inhabit that new world. We, the Africans, have for too long been disposable, forgettable. A world order warm to African, African-descent and post-colonial peoples prizes multipolarity, decoloniality and reparation. Post-colonial human rights fulfilment presupposes this system design principle. The principle fuels African human rights and human dignity. So, its inherent priorities represent the world we want. There, international society defines, or punctuates, itself by human rights as multipolar, decolonial and reparative arrangements. The is the stuff of dreams. A world of dreams. The dreams of our children and their children. I previously claimed that ‘our children are the force behind the waves of history still to come.’ I repeat that claim. Supported by decoloniality, multipolarity and reparation, our descendants can shape human history and human rights. We dare not squander their legacy, not least through corruption and state capture. We want better. We must behave better. Decoloniality, multipolarity and reparative justice promise, and demand, better. Then, post-colonial human rights actualisation might be optimal.        

News Archive

An exceptional year at Kovsies — one of the most successful years in academic achievement
2014-12-04

 

The University of the Free State (UFS) had an exceptional year, with many staff members and students performing both nationally and internationally. Considerable progress has also been made in improving the academic standards of the university.

“So far, this has been one of the most successful years in academic achievement. The UFS now has the highest academic pass rate in years, partly as a result of the admission standards which were raised four years ago.

“We now also have the highest rate of research publications, one of the highest publication figures for scholarly books in history, three Mandela Rhodes scholars and several international communication awards”, says Prof Jonathan Jansen, Vice-Chancellor and Rector of the UFS.

“The university now attracts top professors from all over the country and other parts of the world and for the first time in many years, two researchers received A-ratings from the National Research Foundation (NRF). This is the first time in the history of the UFS that two A-ratings were awarded simultaneously. The most researchers ever were rated by the NRF this year. After the constant turmoil of a few years ago, Kovsies has now become one of the most stable campuses in South Africa,” Prof Jansen says.

The impartial findings of a recent survey of UFS stakeholders showed that our values are endorsed by 92%; 86% agrees with our vision; 81% agree with our goals; 77% agree with our transformation; 78% believe that we are inclusive; and 78% applauded our overall reputation index. “These figures are very different from a few years ago when the university experienced a crisis,” he says.
 
According to Prof Jansen, the UFS’s financial situation is one of the most stable of all universities in South Africa, with a strong balance sheet and growing financial reserves – way better than before. This is exactly the reason why the UFS received confirmation from the Independent Regulatory Board of Auditors (IRBA) this year that we complied with international standards of reporting for the financial year which ended on 31 December 2013.

“I am also pleased to report that the crisis in the delivery of health services in the Free State province has been resolved due to collaboration between the UFS Management (including the Dean: Health Sciences and Head of the School of Medicine), the Department of Health and the Premier, Mr Ace Magashule. Although the loss of skilled personnel is still a concern, the Dean and Head of the School of Medicine are recreating the Health Services Platform at Universitas Hospital. However, the academic training of no undergraduate medical student or any student in the Health Sciences was influenced by the crisis in the Universitas and Pelonomi Hospitals”, he says.

The UFS is regarded around the world as a model of transformation and reconciliation in the student body. The recent SRC elections are only the most visible example of how far we have come in terms of leadership diversity. “Not a week goes by in which other universities, nationally and abroad, do not come to Kovsies to consult with us on how they can learn from us and deepen their own transformations, especially among students”, Prof Jansen says.

“The UFS will continue its model of inclusive transformation which provides opportunities for study and for employment for all South Africans, including international students and colleagues. We remain committed to our parallel-medium instruction in which Afrikaans remains a language of instruction; we are in fact the only medical school in the country that offers education and training in Afrikaans and not only English. We provide bursaries and overseas study opportunities to all our students, irrespective of race. And our ‘future professors’ programme is richly diverse as we seek the academic stars of the future. But we remain steadfast in our goal of making the UFS a top world university in its academic ambitions and its human commitments,” Prof Jansen says.

 

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