
An examination of decolonisation and Africanisation in the legal context
Author: Fanelesibonge Craig Mabaso
ISSN: 1996-2193
Affiliations: LLB LLM PhD
Source: Stellenbosch Law Review, Volume 35 Issue 3, 2024, p. 289-298
https://doi.org/10.47348/SLR/2023/i3a5
Abstract
#Feesmustfall and #Rhodesmustfall were student-led movements that stimulated a necessary discussion of decolonisation, Africanisation and a reimagined post-colonial South Africa. While other academic fields have engaged in rigorous research on decolonisation and Africanisation, there has been very little research on decolonisation and Africanisation from a legal perspective. This contribution focuses on the decolonisation and Africanisation of the law in particular because the law is a sociopolitical construct that regulates all spheres of a person’s life, as well as the relationships that people have with each other and with the state. It is these spaces that were colonised, the law along with physical violence being the primary instrument of colonisation. With this in mind, any discussion of decolonisation necessitates a discussion of decolonising the law. The contribution will also examine the notion of Africanisation and its relationship to decolonisation.