Decoloniality and Jurisprudence: A Colonized Constitution:
Prior to the colonization of South Africa, the indigenous people had fully functional legal systems, that catered to the experience of blacks. So tell me why the ‘independence’ of South Africa came with a Western manual on how the country should continue to exist? A manual written by the very same elite who had dispossessed blacks of land and had private property interests to protect.
How does one even begin to discuss redistribution of South African land when it is so heavily protected by the same law that insists on transformation?
Customary legal systems in South Africa have been white washed and sidelined, allowing even Roman Dutch Law and foreign law a higher status currently. This leads me to ask, how the people can ever be emancipated if there isn’t even a conducive legal environment to do so. The formal regulations and solutions provided for by the Constitution only perpetuate the poverty. They formally address substantive issues. Everyone has a right to education, but a majority of the population cannot afford it. Blacks can own land/property anywhere, but most blacks are poverty stricken and have no capital to enjoy those rights. The ideals of ubuntu have completely been abandoned.
I have temporarily digressed. The essay I have attached discusses the colonized nature of the law and the allusion of plurality of authority in South African legal system. It is quite short and precise, and engage briefly with Joel Modiri’s contentions that the colonization of the legal system begins in the universities and legal academics, where we are taught in accordance with a limited jurisprudence that only perpetuates racism and prejudice.
All sources of information can be found in the bibliography in the document.