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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

UFS celebrates Kagiso Trust’s 30 years of commitment to the empowerment of impoverished communities
2015-07-15

From the left are: MEC Tate Makgoe, Free State Department of Education; Busi Tshabalala, Thabo Mofutsanyana Education District Director; Dean Zwo Nevhutalu,  Kagiso Trust Trustee  and UFS Director of Community Engagement, Bishop, Billy Ramahlele.
Photo: ?Thabo Kessah

Future sustainable partnerships in education will survive only if all partners are committed, honest, and transparent.

This is the view expressed by the Free State MEC for Education and UFS Council member, Tate Makgoe, during the panel discussion at the Qwaqwa Campus of the University of the Free State celebrating Kagiso Trust’s 30 years of commitment to the empowerment of impoverished communities. The topic was “The future partnership models for education in Africa”.

“Over the years, the partnership between the Free State Department of Education, the UFS, and Kagiso Trust has helped to expose the potential in our mainly rural children in the Qwaqwa area of the Thabo Mofutsanyana district,” said Makgoe.

”When we started in 2009, the matric pass rate in the district was 64%, and this rose to 87% in 2014. In Qwaqwa alone, we have managed to build 51 computer and 26 physical sciences laboratories. It was these laboratories that enabled the Free State to be the best performing province in the Physical Sciences in 2013,” added Makgoe.

“None of these achievements would have been possible if all the partners had not been committed to the course. Partnerships built on honesty and transparency are the best model, which we hope to export to other provinces and, indeed, countries,” Makgoe said.

Representing the UFS on the panel was the Director of Community Engagement, Bishop Billy Ramahlele, who added that collaborations can be successful only if the leadership was exemplary.

“As the university, we have had many collaboration with various government departments, and great strides have been achieved only with the Department of Education under the leadership of MEC Makgoe,” said Ramahlele.

”With the MEC on board, the UFS ended up dedicating its South Campus in Bloemfontein to supporting Free State schools. We now have 70 schools that benefit from live television broadcasts of lessons by some of our outstanding academics. This also enables our best academics to make a valued contribution to empowering our teachers. It also allows the university to maximise scarce resources to attain social cohesion,” he said.

In his remarks, Kagiso Trust Trustee, Dean Zwo Nevhutalu, said that Kagiso Trust was looking forward to continue working with its partners to maximise outcomes through limited resources.

“Kagiso Trust will continue to work with the poor and the marginalised and there is no better partner than the government itself. The government provides basic services, and education is one of them. This allows us to be innovative and not just dump books and equipment at schools because we are forced to by our corporate social investment obligations. Therefore, we challenge the government also to be innovative in building a sustainable future partnership model in education,” he said.

Among the dignitaries attending the panel discussion were Kagiso Trust Chairman, Dr Frank Chikane, and the late Dr Beyers Naude’s family.

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