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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

UFS announces the closure of Reitz Residence and the establishment of an institute for diversity
2008-05-27

Statement by Prof. Teuns Verschoor, Acting Rector of the UFS

The Executive Management of the University of the Free State (UFS) today announced a unanimous decision to close the Reitz Residence, effective at the end of the current university semester, and establish an institute for diversity on the same premises.

Four students from the Reitz Residence were responsible for making the now infamous Reitz video, depicting four female colleagues from the University and a worker of Prestige Cleaning Services who were lured into participating in a mock initiation ceremony during which they were humiliated and demeaned.

University management repeated its strong condemnation of the video, made in apparent protest against the University’s integration policy implemented at 21 residences accommodating some 3 400 students on the Main Campus in Bloemfontein.

The Reitz video reopened racial wounds, and is deeply regretted. It was an isolated manifestation of resistance to the impact of ongoing transformation initiatives at the University. The video and other acts of public violence and vandalism on the campus have undermined the efforts of the University to foster diversity in student and staff life and create an inclusive institutional culture on the campus.

The actions of a relatively small group of students also inflicted severe damage on the University’s reputation and standing in the local and international academic community. The UFS management had therefore decided that closure of the Reitz Residence was an unavoidable strategic imperative and an important gesture of reconciliation towards all South Africans who had been offended.

The University has apologised unreservedly for the video. Two of the students who were still residents in Reitz were barred from the campus and subsequently terminated their studies at the UFS, while the other two students had already completed their studies last year.

In an endeavour to make restitution and to offer a lasting contribution to transformation, both at the UFS and in the country as a whole, the UFS has committed itself to establishing an institute for diversity on the premises of the former Reitz Residence.

Reitz will therefore be closed as a residence from 20 June 2008. The UFS has appointed a fully representative special committee to assist current Reitz residents in finding alternative accommodation.

The Institute for Diversity is envisaged as a centre of academic excellence for studying transformation and diversity in society – a living laboratory for combating discrimination and enabling and enhancing reconciliation in societies grappling with the issues of racism, sexism and xenophobia.

The declaration of Higher Education South Africa (HESA) published on 28 March 2008 highlighted that racism, intolerance and discrimination are societal phenomena present on many campuses. However, these issues are not restricted to institutions of higher learning, and are symptomatic of a broader social malaise.

In responding to the challenge faced by the University regarding its own transformation issues, as well as those faced by the country, the UFS will study the anti-transformational impulses on the campus as a microcosm of much broader socio-political challenges. The University will transform itself over time into a beacon of hope, combating racism and other forms of discrimination in South Africa and elsewhere in the world.

The Institute for Diversity will add impetus to the University’s existing transformation programme. Six strategic clusters, including a transformation cluster, were created in 2007 as part of the University’s long-term strategic planning.

The University has already provided seed capital of R1 million to design and establish the Institute. Planning will take place during 2008/09, with the Institute being formally opened in the 2010 academic year. An international fund-raising drive to raise an initial target of R50 million will be launched shortly.

Note to editors: The Reitz video was apparently made late last year, but only entered the public domain on 26 February 2008.

Media Release
Issued by: Lacea Loader
Assistant Director: Media Liaison
Tel: 051 401 2584
Cell: 083 645 2454
E-mail: loaderl.stg@ufs.ac.za  
27 May 2008


UFS e phatlalatsa ho kwalwa ha hostele ya Reitz le ho thehwa ha Institute for Diversity

Phatlalatso ka Prof. Teuns Verschoor, Morektoro ya tshwereng mokobobo wa UFS

Kajeno bolaodi ba Yunivesithi ya Freistata (UFS) bo phatlaladitse qeto e ananetsweng ke bohle ya ho kwalwa ha hostele ya Reitz mafelong a sehla sena sa pele sa dithuto (semester), le ho thehwa ha Institute for Diversity meahong eo ya Reitz.

Baithuti ba bane ba hostele ya Reitz ba ile ba eba le seabo kgatisong ya video e mpe moo basebetsi ba bane ba bomme ba yunivesithi le mosebetsi wa khamphane ya Prestige Cleaning Services ba ileng ba hohelwa ho ba le seabo mme ba tlontlollwa le ho nyenyefatswa hampe.

Bolaodi ba yunivesithi bo boetse ba nyatsa ka mantswe a bohale video eo e ileng ya hatiswa ka maikemisetso a ho ipelaetsa kgahlanong le leano la diphethoho dihosteleng tse 21 tsa yunivesithi Bloemfontein tseo e leng bodulo ho bathuti ba ka bang 3400.

Morektoro ya tshwereng mokobobo wa UFS, Prof. Teuns Verschoor, o boletse hore video eo ya Reitz e boetse e butse maqeba a semorabe mme e seollwa ka matla. O re e ne e le ketsahalo e ikgethileng ya boipelaetso kgahlanong le diteko tse tswelang pele tsa ho tlisa diphethoho yunivesithing. O re video eo le diketsahalo tse ding tsa merusu le tshenyo ya thepa khamphaseng di setisitse diteko tsa yunivesithi tsa ho tlisa poelano hara baithuti le basebetsi, le ho theha moetlo o akaretsang ka hare ho yunivesithi.

O tswetse pele ka hore diketso tseo tsa sehlotshwana sa baithuti di boetse tsa senya yunivesithi serithi le lebitso mona hae le dinaheng tse ding. Kahoo bolaodi ba UFS bo nkile qeto yah ore ho kwalwa ha hostele ya Reitz ke ntho o kekeng ya qojwa mme e boetse ke mohato wa bohlokwa wa poelano ho ma-Afrika Borwa ohle a anngweng ke taba ena.

Yunivesithi e kopile tshwarelo mabapi le video ena. Ba babedi ba baithuti ba amehang kgatisong ya video eo, ba neng ba ntse ba dula hosteleng ya Reitz, ba ile ba thibelwa ho kena khamphaseng mme yaba ba tlohela dithuto tsa bona, ha ba bang ba babedi bona ba ne ba se ba phethetse dithuto tsa bona selemong se fetileng.

Prof. Verschoor o boletse hore ho leka ho kgutlisetsa maemo setlwaeding le ho tshehetsa leano la diphethoho UFS le naheng ka bophara, UFS e ikanne ho theha Institute for Diversity hona meahong eo ya Reitz.

Kahoo hostele ya Reitz e tla kwalwa ho tloha ka la 20 Phupjane 2008. UFS e thontse komiti e ikgethang e akaretsang bohle ho thusa baithuti ba dulang hosteleng ena hajwale ho fumana bodulo bo bong.

Institute for Diversity e tla ba setsha se kgabane sa dithuto tsa diphethoho le poelano setjhabeng – setsha se tla lwantshana le kgethollo mme se kgothalletse le ho matlafatsa poelano hara batho ba tobaneng le mathata a kgethollo ya mmala, ya bong le lehloyo la melata.

Tokomane ya Higher Education South Africa (HESA) e phatlaladitsweng ka la 28 Hlakubele 2008, e pepesa dintlha tse amanang le kgethollo ya mmala, tlhokeho ya mamellano le kgethollo ka kakaretso e le dintho tse teng dikhamphaseng tse ngata. Dintlha tsena ha di teng feela ditsheng tsa thuto e phahameng, empa le setjhabeng ka kakaretso.

Prof. Vershoor o boletse hore UFS e tla lekola dikgato tse kgahlanong le diphethoho ka hare ho khamphase jwaloka karolo ya diphepetso tse nammeng hara setjhaba ka kakaretso. O re yunivesithi e tla fetoha ha nako e ntse e tsamaya ho ba mohlala o motle wa tshepo, twantsho ya kgethollo ya mmala le mekgwa e meng ya kgethollo Afrika Borwa le lefatsheng ka bophara.

Institute for Diversity e tla thusa ho matlafatsa lenaneo la jwale la diphethoho la yunivesithi. Ho thehilwe di Strategic Clusters tse tsheletseng selemong se fetileng, tse kenyeletsang Transformation Cluster, jwaloka karolo ya merero ya UFS.

Yunivesithi e se e nyehelane ka tjhelete e kana ka diranta tse milione ho rala le ho theha institute ena. Ho rerwa ha yona ho tla etswa ka 2008/09, mme institute ena e tla bulwa semmuso selemong sa dithuto sa 2010. Haufinyana ho tla thakgolwa letsholo la matjhaba la ho bokeletsa tjhelete e kana ka diranta tse dimilione tse mashome a mahlano.


Tlhokomediso ho bahlophisi ba ditaba: Video ya Reitza e hatisitswe selemong se fetileng mme ya hlahella pepeneng ka la 26 Hlakola 2008.

Phatlalatso ya boraditaba
E entswe ke: Lacea Loader
Motlatsa molaodi: Dikgokahano
Tel: 051 401 2584
Cell: 083 645 2454
E-mail: loaderl.stg@ufs.ac.za  
27 Motsheanong 2008








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