Unisa Press Journals (University of South Africa)
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Who Must Lead Decoloniality: A Practical Theological Interrogation on the Possible Qualification to Lead Decolonisation: A South African Study
No full textThe quest for decolonisation and Africanisation of higher education in South African higher educational institutions has reached an uncompromising stage, since colonial divisions between the natives and the colonisers are still evident in the education system. This was also demonstrated by the “#FeesMustFall” campaign, which closed the majority of South African universities in 2015. Since then, decolonisation has kept scholars, academics and researchers busy in search of appropriate responses to the quest, but decolonial projects seem to be very slow. One of the reasons is that those in the leadership of the projects may be using delaying tactics for their colonial benefits. This article questions who should lead in the projects of Africanisation and decolonisation. The author is convinced that this question cannot be avoided if Africanisation and decolonisation must take speed. Reversal of colonial inequalities (including in educational spheres) is of paramount importance for the life of the colonised in general. It is an important demand that the correct or capable and informed leaders are identified and equipped to take the lead with the project. To this effect, this article makes a few practical theological suggestions. This research is interdisciplinary in nature since it starts with decolonisation, and continues with theology—particularly practical theology. These two disciplines are engaging the current problem of the contemporary people within their immediate situation
The Archaeological Study of the Concept of “The Emptiness of Judah” During the Babylonian Exile and the Early Persian Period
No full textArchaeological studies are essential on the subject of Judah’s emptiness during the Babylonian exile, as referenced in 2 Chronicles 36:20–21 and Lamentations 1:3–4. The biblical accounts about the destruction of Jerusalem in 586 BCE imply that it was uninhabited. However, archaeological evidence indicates that Jerusalem remained inhabited, framing the issue as one of perspective rather than literal emptiness. The lack of evidence for a functional capital city during this period indicates the nature of the desolation. The absence of the divinely driven royal and cultic activities that defined Judah are the crux of the matter. The subsistence agricultural activities in Judah benefited Babylonian interests, at the total disregard of Judah. Judah lost its sovereignty, pride, and glory associated with God’s presence. Meanwhile, God’s wondrous acts were experienced in Babylon, leaving Judah bereft of divine favour and involvement. Judah was “written off” by divinity for a period referred to as a Sabbath rest. The desolation is not total depopulation, but the deliberate absence of God in all spheres of life for many years. Archaeological extrapolations point not to the lack of residents, but the absence of leadership and the profound disengagement of God. God actively wrought the desolation, as indicated in pre-exilic and exilic prophecies concerning the disaster. This article contributes to the understanding that God has repeatedly expressed his involvement in Judah’s desolation, illustrating his departure and explaining the true nature of Judah’s desolation in contrast to its previous identity as a nation under God
Many children, many blessings: Reinterpreting Psalm 127:5 in the Nigerian context
No full textThe idea of “many children, many blessings” in Ps 127:5 resonates with African traditional belief systems. However, in contemporary Nigeria, modernisation has introduced inescapable variables that make large families undesirable. In spite of this, many Nigerians still produce many children, apparently relying on the traditional belief that God determines one’s number of children, and possibly also on Ps 127:5. Applying the historical-critical and descriptive methods, the article assessed the relevance of Ps 127:5 in contemporary Nigeria and found that the text reflects the ancient Israelite context wherein parents depended on the number of their children in socio-economic terms, a situation which also resonates with the premodern African context. The modern Nigerian context, however, brought about changes in the pattern of parent-child interdependence such that now even peasant parents have to send their children to school and do all the manual work alone. In view of the high rate of unemployment, even many university graduates still have to depend on their parents. With this transition, large families come with implications such as hunger, poor health, and inadequate or lack of Western education for the children. Moreover, raising large families now has to contend with global issues such as overpopulation and family planning. To this end, a pastoral application of Ps 127:5 in Nigeria now has to respond to issues that come with large families
“Here I Am, I Have Come; In the Scroll of the Book, it is Written of Me” (Ps 40:8). The Private and Public Piety Advocated by Psalm 40 and the Challenges Faced by the Editors of the Psalter
No full textThis article argues that Ps 40 should not be interpreted within a cultic milieu but as part of the literary context of the Psalter. As part of the conclusion of the final cluster in Book I, and thus as part of the conclusion of the first book of Davidic psalms, it is closely related to (especially) Pss 1–2 and Ps 35. When read as part of this context, it becomes clear that the psalmist, as the “servant” of YHWH, represents the in-group of faithful believers in the late post-exilic period who earnestly studied the Torah and attempted to follow its directives. They were waiting for YHWH’s intervention to save them from renegade fellow Jews and foreign overlords who oppressed them
What’s in a Name?
No full textIn his well-known play Romeo and Juliet, William Shakespeare wrote: ‘a rose by any other name would smell as sweet.’ This line questions the importance of a name and attempts to illustrate that a name is only a name. Well, with all due respect to Bill, I do not agree—a name is important.
Names are crucial to our identity. They convey deep personal, cultural, familial and historical connections and give the bearer a sense of self, their community, and their place in the world. Names can shape the destiny and future of the bearer, affect how others perceive them, can be a source of strength or comfort, have positive meaning or symbolism. Names can make the bearer stand out from the crowd or build relationships and connections. Names can be a part of the bearer’s legacy and a source of pride. In fact, names are so important that having one is a protected right as seen in the African Union’s African Charter on the Rights and Welfare of a Child, and in our own Constitution.
So why then is it that 30 years after the dawning of constitutional democracy in South Africa, the instrument that made it all possible, the cornerstone of our democracy, the Constitution, is still being misnamed? As a law lecturer, I have seen too many times how the Constitution is still, to this day, referred to as “Act 108 of 1996.” I have seen this so often in undergraduate and postgraduate work and in the media and even at times in peer-reviewed academic articles, that it has become a sore point. One, I hope to remedy here.
The Constitution is not a normal, everyday Act of Parliament and so, naming it in the same fashion as a common Act is unacceptable. The Constitution was not created in the same manner as other pieces of legislation. It is founded on principles that include fundamental rights, negotiated first by the Convention for a Democratic South Africa (CODESA), constituting a number of people who probably never in their wildest dreams thought that they would have to work together, and when these negotiations stalled, by the Multi-Party Negotiating Forum (MPNF). Once the Constitution had been drafted it was not adopted by Parliament but by the Constitutional Assembly, led by Roelf Meyer of the National Party (NP) and Cyril Ramaphosa of the African National Congress (ANC) and after adoption thereof in May 1996, it was sent, not once but twice, to the Constitutional Court for certification.
The certification process started on 1 July 1996 in a court in Braampark, opposite the Joburg Theatre in Braamfontein since the Constitutional Court building on Constitution Hill had not yet been built. During this process, members of the public could make submissions to the bench of legendary Justices, dressed in green robes, on whether the text before the court adhered to the 34 constitutional principles. Other issues were also brought before the court such as black economic empowerment, the right to life and the death penalty, discrimination based on sexual orientation, the termination of pregnancy, gun control, the legalisation of marijuana and pornography under the right to association which was also countered with submissions on the right not to associate. A Bill of Responsibilities to balance the Bill of Rights was even suggested.
After a long process, the first constitutional text went under consideration of the Constitutional Court in October 1996 and although the structural requirements were met, it was rejected. New hearings began on 18 November 1996 and on 4 December 1996, the amended constitutional text was certified. Only then, on 10 December 1996 in Sharpeville, a place haunted with tragedy, was it signed into law by President Nelson Mandela and did it come into effect on 4 February 1997.
The Constitution has also been, almost poetically, described in ways that no normal Act could be described: a bridge, a monument, a memorial, the birth certificate of a new South Africa and the mother of the South African democracy. Normal Acts do not stimulated discussions on equality phrased as that of the grapevine versus that of the graveyard. The interpretation and application of a normal Act also does, and did not inspire the construction of an architectural wonder of a court complex with dreamy design features such as treelike structures to symbolise an indaba or Nguni cow print judicial benches. What normal Act can be lauded worldwide as an example of the positive power of the law as a force for good in the same way as our Constitution?
If all this history, philosophy and art surrounding the Constitution is not convincing of the fact that it is not just “Act 108 of 1996,” perhaps hard law will. Section 2 of the Constitution itself establishes its place as our supreme law. And if this self-determination of the Constitution is not argument enough, keep in mind that an Act was enacted to specifically and expressly name the Constitution. The Citation of Constitutional Laws Act 5 of 2005 states in no uncertain terms that the Constitution has no Act number. Our Constitution is the Constitution of the Republic of South Africa, 1996.
The creation and consequences of the Constitution are epic and deserving of respect and reverence and yet, we have seen incredible disregard of the Constitution which is brought to unavoidably sharp attention as we celebrate 30 years of constitutional democracy in South Africa in 2024.
On a micro-level this disregard, in my mind at least and to the point of this writing, is seen in the chipping away of the grandeur and status of the Constitution by not correctly citing it and each time it is referred to as “Act 108 of 1996” is akin to a bully, taunting another person with cruel nicknames.
Meso-level contempt for the Constitution andour constitutional democracy has also become more prevalent over recent years. Some have stated that the Constitution is whitewashed and Western or alien. Although I do not agree with all of these points of contention, unfortunately, some of this criticism is justified as it cannot be denied that we have many problems in South Africa such as gender-based violence, extreme poverty and poor levels of socio-economic equality. Indeed, our 30-year-old democracy has seen its fair share of growing pains.
At a macro-level, South Africa and our democracy have seen disregard for the Constitution and all it stands for verging on violence against us, the people. This has taken place to such an extent that our democracy has been described as a failure. We have seen grave disregard for the Constitution in the outright flaunting of not only ignorance but downright breaking of the law by those in the highest positions of power. When a pillar of constitutional democracy as manifested in the Rule of Law is so easily swept aside, the other pillars will surely also crumble.
The situation seems dire and dark. Yet, it is not too late and we are still able to find our way back to the light. To do so, however, we must re-embrace our Constitution and establish a newfound respect for this living document, this text which has protected and guided us, and which has codified humaneness and kindness. Although this may still be a long, uphill walk I am sure that we can take the first small step, and do so by correctly referring to our Constitution, a Constitution by South Africans and for South Africans, a democratic Constitution, the Constitution of the Republic of South Africa, 1996
Aligning Nigeria’s International Obligations: A Comprehensive Analysis of Environmental Protection within the Industrial Law and Policy Framework
No full textEnvironmental protection is a global concern but action taken varies widely. The absence of sustainable practices in labour and industrial policies in Nigeria has contributed significantly to environmental degradation. This is due to the non-internalisation of environmental concerns and non-adherence to international environmental laws and obligations, which has led to the absence of environmental protection standards as a factor in investment decisions. Studies have shown that minimising environmental impact is essential for the planet and the long-term success and reputation of a business. Therefore, in this article it is argued that a comprehensive set of guidelines and procedures to govern operations in areas such as waste management pollution, energy use, and emissions reduction, as well as employee training and engagement in sustainable practices, will minimise environmental footprints and positively impact on communities. Understanding that commitment to international obligations and national policies reflects the belief that business has a crucial role in preserving the environment for future generations, a regular assessment of progress towards meeting these obligations and seeking opportunities for continuous improvement in national laws are recommended. Employing a legal analysis and literature review methodology, the article will outline and review environmental and industrial policies in Nigeria to see what review or amendment options are available in line with the commitments and obligations under international law, while also making inferences from select countries.
“I Felt Misunderstood by the World”: The Interplay of Fame, Adversity, and Identity in Bonnie (Mbuli) Henna’s Autobiography Eyebags & Dimples
No full textBonnie (Mbuli) Henna’s autobiography, Eyebags & Dimples (2012), navigates the intricate and multifaceted interplay between fame, adversity, and identity in a uniquely South African post-colonial context. Through an ‘interested’ (re)memorialisation of her journey of becoming a black female celebrity, Henna unveils the complexities of becoming and being a celebrity in a transitioning society marked by pervasive historical legacies of institutionalised disadvantage, shifting notions of gender, and agency. Focusing on what is remembered and how it is remembered for specific aesthetic and perspectival effects, this article examines Henna’s identity project in Eyebags & Dimples. It explores how autobiographical memory in the text becomes, for Henna, a technology of the self she implements to grapple with profound internal struggles inhabiting her (celebrity) identity. Deploying theories of self-writing and memory, the article centres on Henna’s portrayal of adversity – its past location in the colonial home and township and its persistence in family relations – to understand the nature of memory-assisted self-(re)identification processes. The article argues that adversity emerges in Eyebags & Dimples as a transformative force that allows Henna to inscribe history, race, mental health, and family onto her consciousness of being famous. Within this context, Henna’s celebrity identity is completed as re-formed through the narrative stabilisation of the tension between her public fame and personal struggles
