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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

Farmers need to plan grazing better, says UFS expert
2017-02-21

Description: Prof HO de Waal Tags: Prof HO de Waal

Prof HO de Waal, affiliated researcher
at the University of the Free State,
says farmers should save grazing
during the summer months to have
fodder available in the winter and
early spring.
Photo: Theuns Botha,
Landbouweekblad

“Farmers should save veld during the summer months to have grazing available for animals especially in the winter and early spring. Farmers should also adjust livestock numbers timely and wisely according to the available material in the field,” says Prof HO de Waal, professional animal scientist and affiliated researcher in the Department of Animal, Wildlife and Grassland Sciences at the University of the Free State.

He offered this advice as a result of the sporadic and scattered (scant) rainfall of the past couple of summers. “In retrospect we know that this kind of precipitation started in about 2014 and has continued in subsequent summers. In February 2015, it was clear that a major fodder scarcity was developing.”

Existing research methods serve as source of current knowledge
Dr Herman Fouché (Agricultural Research Council) has conducted research on the impact of climate, especially rainfall, on the growth of grass. Sophisticated computer technology developed as far back as the 1980s to – through modelling – predicts the impact of climate on field production during the growing season.

The impact of climate, and more specifically rainfall, on field production has been known to animal and grazing scientists for a long time. Prof De Waal used the modelling results to determine the impact of rainfall on grass as a feeding source for animals.

“Information that emerged from this old research programme could therefore be applied directly to animal production,” says Prof De Waal.

Adjust livestock numbers to availability of grazing
In the summer rainfall areas of South Africa, grass usually grows from the end of August and early September. The growth process is dependent on the transfer of soil moisture, as well as on rainfall during the winter and early spring.

“Livestock numbers should be balanced throughout the year (according to the nutritional needs and production of the animals) with the availability of grazing material – be consistent, not only during certain seasons or when drought is imminent,” is Prof De Waal’s advice to farmers. “Farmers are also encouraged to carefully reduce the number of livestock on grazing and to rather focus their attention and limited resources on the remaining breeding herds (cows and ewes).”

“It is tragic, but unfortunately many farmers will not survive the effects of recent years. Similar climatic conditions will occur, with the same tragic consequences for man and beast. Better planning has to start now.” The assistance of private institutions, individuals, as well as the government, during the severe droughts is gratefully acknowledged.

Spineless cactus pear as solution for scarcity of animal feed
Prof De Waal says spineless cactus pears could be used as a feeding source during droughts. “The effects of a severe drought, or major animal-feed scarcity, are still prevalent in large parts of the subcontinent.” This may act as a catalyst to utilise spineless cactus pears as a feeding source and to be incorporated in the feed-flow programme for livestock on natural grazing.

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