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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

Statement by Judge Faan Hancke, Chairperson of the Council of the University of the Free State (UFS)
2008-03-08

The Council of the University of the Free State today (Friday, 7 March 2008) unanimously condemned the offensive and racist Reitz video in the strongest possible terms.

Council further labeled the video as an insult to women, to older persons and to poor working people who are defenseless and vulnerable and expressed its disgust at the action of the students concerned.

Council also apologised unreservedly and sincerely to the five UFS employees who were shown in the video and offered all emotional and counselling assistance necessary as well as in the current criminal matter under way or possible civil action they may undertake.

At the same time the university must also provide counseling to current first year students of Reitz who were not present at the time of the filming of the video.

Council also mandated the management, in addition to the other disciplinary steps under way, to consider the possibility of closure and of conversion of Reitz into a beacon of transformation, hope and liberation (either as a residence or in some other form).

This must take place in accordance with due process of the law to give residents and other stakeholders reasonable opportunity to make submissions so that all relevant considerations can be taken into account.

The Council expressed its full confidence in the management and supported the steps taken by management thus far under trying circumstances concerning transformation, residence integration, the Reitz video and the vandalism of the campus.

It reaffirmed the decision taken in June 2007 to increase diversity in student residences and recommitted the UFS to implement the policy.

The Council condemns all forms of racism and committed itself to eradicate racism and racial prejudice in any form and from any quarter on the UFS campus.

The meeting also approved the appointment of an external expert agency to assist the university in:

  • understanding and identifying the current challenges relating to the implementation of the integration policy 
  • supporting the university management and making recommendations on how to enhance the process of implementation

The intention is to provide additional capacity to the management in order to accelerate the transformation and integration process.

It called on management to take firm action against any staff or student who violates the law, is involved in threats, racism, disruptions, intimidation and vandalism and condemned these actions in the strongest possible terms.

The Council reassured all staff, students, parents and other stakeholders that firm action will be taken against persons who are guilty of disorderly conduct, intimidation, disruption or similar actions with the full force of the law.

The management was requested to maintain law and order so as to create a conducive environment in which academic excellence can be furthered. The Council appreciates the steps that have been taken in this regard.

The Council supported a management initiative to investigate the fundamental issues underlying many of the current problems in residences, including:

  • residence culture, including initiation, as well as race, racialism and racism
  • alcohol and drug abuse role,
  • place, organisation and management of residences constitution of student structures
  • and the role of political parties in student politics and structures
  • the physical structure of residences as part of a campus accommodation strategy

The Council agreed that social cohesion and racial tolerance will be highlighted as a strong theme in the academic cluster initiatives of the UFS and that management should find additional ways to strengthen existing programmes regarding diversity on the campus among all staff and students.

The Council called on all stakeholders to honour the high values of the Constitution of the country, to maintain these values and to further them in an orderly and peaceful environment.

Media Release
Issued by: Anton Fisher
Director: Strategic Communication
Tel: 051 401 3422
Cell: 072 207 8334
E-mail: fishera.stg@ufs.ac.za
7 March 2008

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