Social and Legal Theory in the Age of Decoloniality
509 Pages
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Social and Legal Theory in the Age of Decoloniality

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509 Pages


Right from the enslavement era through to the colonial and contemporary eras, Africans have been denied their human essence – portrayed as indistinct from animals or beasts for imperial burdens, Africans have been historically dispossessed and exploited. Postulating the theory of global jurisprudential apartheid, the book accounts for biases in various legal systems, norms, values and conventions that bind Africans while affording impunity to Western states.
Drawing on contemporary notions of animism, transhumanism, posthumanism and science and technology studies, the book critically interrogates the possibility of a jurisprudence of anticipation which is attentive to the emergent New World Order that engineers ‘human beings to become nonhumans’ while ‘nonhumans become humans’. Connecting discourses on decoloniality with jurisprudence in the areas of family law, environment, indigenisation, property, migration, constitutionalism, employment and labour law, commercial law and Ubuntu, the book also juggles with emergent issues around Earth Jurisprudence, ecocentrism, wild law, rights of nature, Earth Court and Earth Tribunal. Arguing for decoloniality that attends to global jurisprudential apartheid., this tome is handy for legal scholars and practitioners, social scientists, civil society organisations, policy makers and researchers interested in transformation, decoloniality and Pan-Africanism.



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Published 07 June 2018
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EAN13 9789956550494
Language English
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SOCIAL and LEGAL THEORY in the AGE of DECOLONIALITY: (Re-)Envisioning Pan-African Jurisprudence in the 21st Century
EDITEDBY Artwell Nhemachena, Tapiwa V. Warikandwa & Samuel K. Amoo
Social and Legal Theory in the Age of Decoloniality(Re-)Envisioning Pan-African st Jurisprudence in the 21 Century Edited by Artwell Nhemachena, Tapiwa V. Warikandwa & Samuel K. Amoo
L a ng a a R esea rch & P u blishing CIG Mankon, Bamenda
Publisher:LangaaRPCIG Langaa Research & Publishing Common Initiative Group P.O. Box 902 Mankon Bamenda North West Region Cameroon Distributed in and outside N. America by African Books Collective ISBN-10: 9956-550-12-4 ISBN-13: 978-9956-550-12-8 ©Artwell Nhemachena, Tapiwa V. Warikandwa & Samuel K. Amoo 2018All rights reserved. No part of this book may be reproduced or transmitted in any form or by any means, mechanical or electronic, including photocopying and recording, or be stored in any information storage or retrieval system, without written permission from the publisher
About the Contributors Dr Artwell Nhemachenaholds a PhD in Social Anthropology; MSc in Sociology and Social Anthropology, BSc Honours Degree in Sociology. In addition to having a good mix of social science and law courses in his undergraduate studies, he also has a Certificate in Law. He has lectured in Zimbabwe before pursuing his PhD studies in South Africa. His current areas of research interest are Knowledge Studies; Development Studies; Environment; Resilience; Food Security and Food Sovereignty; Industrial Sociology; Sociology and Social Anthropology of Conflict and Peace; Transformation; Sociology and Social Anthropology of Science and Technology Studies, Democracy and Governance; Relational Ontologies; Decoloniality and Anthropological/Sociological Jurisprudence. He has published in the areas of social theory, research methods, democracy and governance; conflict and peace; relational ontologies; industrial sociology; development; anthropological and sociological jurisprudence, environment, mining, biotechnology and knowledge studies; transformation and decoloniality. Dr Tapiwa Victor Warikandwaholds a Doctor of Laws. He is a Senior Lecturer in the Faculty of Law at the University of Namibia. He specialises in International Trade Law, Labour Law, Indigenisation Laws, Mining Law and Constitutional Law amongst other disciplines. Prior to coming to Namibia, Dr. Warikandwa worked as a legal officer and later legal advisor in the Ministry of Public Service Labour and Social Welfare in Zimbabwe. Key amongst his duties was legal drafting. Dr Warikandwa worked with the law reviser of the Ministry of Justice in Zimbabwe in reviewing laws administered by the Ministry of Public Service Labour and Social Welfare. Dr Warikandwa also completed an ordinary and advanced training in Labour Law Making at the International Labour Organization’s International Training Centre in Turin Italy. On numerous occasions, Dr. Warikandwa was actively involved in the activities of the Cabinet Committee on Legislation on behalf of the Ministry of Public Service Labour and Social Welfare. Dr. Warikandwa has since written books on labour law and women’s
rights in South Africa and Namibia amongst others, as well as publishing articles in accredited peer reviewed journals such as Law, Development and Democracy, Speculum Juris, Potchefstroom Electronic Law Journal, Comparative International Law Journal for Southern Africa and the African Journal of International and Comparative Law, amongst others. Dr. Warikandwa has also been awarded a number of merit based scholarships and has served as a Post-doctoral Fellow with the University of Fort Hare in South Africa. He has also worked as a senior lecturer at the University of Fort Hare and presented papers at conferences in and outside South Africa. Dr Warikandwa studied for his Bachelor of Laws, Master’s degree and Doctoral degree at the University of Fort Hare in South Africa. He currently is the Advisory Editor of the Namibian Law Journal and the Managing Editor of the SADC Law Journal. Professor Samuel K. Amoois an Advocate of the High Court for Zambia and Attorney of the High Court of Namibia. He is also an Associate Professor of Law at the University of Namibia and is the current Acting Director, of the Justice Training Centre (JTC) in Namibia. Prof Amoo has also published a much needed book on property law in Namibia; a field that has very little local material available in the country. The name of the book is appropriately titled “Property Law in Namibia”. Prof Samuel K. Amoo has sought to publish in the area of property law, amongst many other legal fields, because there is very little comprehensive texts on property law in a Namibian context. The existing publications generally deal with one or another aspect of law in Namibia, but you do not really find comprehensive books, which have an in-depth reference to all aspects of property law in the country and in Africa. Prof Amoo is a distinguished author and continues to excel in that regard. Professor Oliver Mtapuriis a Professor in Development Studies at the School of Built Environment and Development in College of Humanities at the University of KwaZulu Natal (UKZN), Durban South Africa. He has a PhD in Development Studies (UKZN) and an MBA degree from the University of Zimbabwe. He is an Associate of the Institute of Chartered Secretaries and Administrators. Oliver’s areas of research interest include poverty, redistribution and
inequality, community-based tourism, public employment programmes, research methodologies, financial management, climate change and project management. Professor Patrick C. Osodeis Professor and Head of Mercantile Law Department at the Nelson R Mandela School of Law, University of Fort Hare, in South Africa. He has also served as the Executive Dean of Law at the University of Fort Hare. His teaching and research interests are in the fields of Corporate Law, International Trade Law, Constitutional Law, Public Authority Liability and Labour Law. He has produced peer reviewed publications on all of his areas of research interest. His book,Government Liability: South Africa and the Commonwealth, co-authored with Chuks Okpaluba, was published by Juta & Co in January 2010. He was Managing Editor of Speculum Juris, an accredited law journal, from 2002-2008 and continues to serve on the editorial board of the journal. Professor Everisto Benyerais an Associate Professor of African Politics in the Development of Political Sciences at the Universityof South Africa(UNISA)in Pretoria, South Africa. He holds a PhD in African Politics from UNISA and an MSc in International Relations from the UniversityZimbabwe. Everisto’s areas of research of interest include decolonial studies and transitionaljustice especiallycustomaryand indigenouspeacebuilding, healingand reconciliation mechanisms. Dr Theobald Frank Theodory is a social scientist focusing on Environment and Natural Resources Management. He has a PhD in Geography (Climate Change) from the University of Bonn, Germany. He is an environmental expert registered by National Environmental Management Committee (NEMC) of Tanzania to carryout environmental impact assessments (EIA), environment auditing (EA), and environmental monitoring. He has a wealth of experience in conducting monitoring and evaluation for different public development projects, carrying out of feasibility studies, undertaking baseline surveys, and outreach activities. Currently, he is a Lecturer and head of the Centre for Environment, Poverty and Sustainable Development, at the Institute of Development Studies
(IDS), Mzumbe University, Tanzania. He has taught in higher learning institutions in Tanzania for a period exceeding 8 years. He has published extensively in areas of climate change adaptation, land investments, water resources governance, and natural resources management. He also lectures Project Planning and Management, Climate Change Adaptation and Mitigation, Political Ecology, Environmental Issues and Sociology. Dr Felichesmi S. Lyakurwa holds a Doctor of Engineering in Environmental Science and Engineering Degree of Dalian University of Technology, PR China; MSc. in Engineering (Project) Management from the University of Dar es Salaam and the BSc in Production Engineering from the University of Dar es Salaam. He is a Lecturer and Head of the Department of Engineering Management Studies (EMS), Mzumbe University. He teaches various subjects offered at the undergraduate and postgraduate degree levels including total quality management, production and operations management, principles of environmental management, applied business statistics and CAD/CAM for manufacturing. Dr Lovemore Chiduzahold a B.A in English, LLB, LLM and LLD from Solusi University, University of Fort Hare and University of Western Cape respectively. He is a Senior Lecturer at North West University (Mafikeng Campus), South Africa, where he lectures on constitutional law, international economic law, fundamental rights and comparative law. His particular research interests include constitutional law, human rights law and international law. Lovemore has published a number of articles on constitutional law and human rights law. Professor Ruby MagosvongweAssociate Professor in the is Department of English, Faculty of Arts, University of Zimbabwe. She is the sitting Chair of the Department. She is also the new Editor-in-Chief ofZambezia, University of Zimbabwe’s Journal of Humanities. Ruby Magosvongwe is also currently a Research Fellow with the English Department, University of the Free State, Bloemfontein, Republic of South Africa. A recipient of the USHEPiA Fellowship between 2010 and 2013, Ruby graduated with
a Doctor of Philosophy Degree in African Literature from University of Cape Town in June 2014. She holds an MEL (Master of Arts in English, June 2000), BA Special Honours in English (March 1998), Bachelor of Arts (1985) and Graduate Certificate in Education (1987) all from University of Zimbabwe. Professor Magosvongwe originated and developed concept papers for two respective International conferences hosted by University of Zimbabwe titled “Africa’s Intangible Heritage and Land” (2015) and “Land and Indigenisation in Zimbabwe and Other Developing Countries” (2014), emanating from her DPhil Research. The two conferences resulted in two peer-reviewed books published under the titles Africa’s Intangible Heritage and Land: Emerging Perspectives (2016) and Land and Indigenisation in Zimbabwe and Other Developing Countries: Emerging Perspectivesrespectively. She co-edited both books (2015), that were published by University of Zimbabwe Publications. She also co-editedRe-discoursing African Womanhood in the Search for Sustainable Renaissance: Africana Womanism in Multidisciplinary Approaches(2012); and alsoAfrican Womanhood in Zimbabwean Literature: New Critical Perspectives on Women’s Literature in African Languages(2006). She is published in peer-reviewed journals. She has short stories in Hunting in Foreign Lands and Other Stories(2010);Light a Candle(2005); andTotanga Patsva (2005). She co-authored a novellaThe Offshoot(2008) and has poems inGhetto Diary and Other Poems (2010). Her research interests include African Literature and Pan-African Studies; Literature and Gender Studies; English Literature; Comparative Literature; and Cultural Studies. She sits on the Board of the National Arts Council of Zimbabwe. Besides, she currently chairs the Zimbabwe International Book Fair Association (ZIBFA) General Council. Mr. Eugene LizaziLibebeis a former Magistrate and lectures in the Department of Public Law and Jurisprudence in the Faculty of Law at the University of Namibia. He holds a B-juris degree; LLB; and LLM in International Law. His areas of interest include public international law, economic law, climate change law and policy, African jurisprudence and decolonisation, poverty and law; law of evidence, family law, sociology, politics and transformational leadership. He is currently in the final stages of his second master’s
degree in Leadership and Change Management. He also has keen interest in activism, equity, ethics and multi-disciplinary research. Esther Dhakwa holds a Bachelor of Science Honours Degree in Sociology from the University of Zimbabwe. She is currently busy with her MA studies in Sociology. Her areas of interest include development studies, economy, crime and deviance, health and human security. She has published on mining in Africa. Recently she has been assisting in carrying out research on issues related to the st impact of Euro-American sanctions imposed, at the turn of the 21 century, on Zimbabwe with particular attention to the SADC region.
Table of Contents Foreword .............................................................................. xiii Chapter One: Identity, Originality and Hybridity in Jurisprudence and Social Theory: An Introduction ........................................... 1 Artwell Nhemachena, Tapiwa V. Warikandwa & Samuel K. Amoo Chapter Two: Beyond Eurocentric Human Rights Jurisprudence and Towards Animality? Humanoid Robots and the Decomposition of African Humanism and Personhood ................................... 73 Artwell Nhemachena & Esther Dhakwa Chapter Three: Colonialism, the Theft of History and the Quest for Justice for Africa ........................ 121 Everisto Benyera Chapter Four: Revisiting Traditional African Land Ownership Practices Using Indigenous Knowledge Lenses: The Case of the Haya in Tanzania ...................................... 165 Theobald Frank Theodory Chapter Five: The Man, Human Rights, Transitional Justice and African Jurisprudence in the Twenty-First Century................................................. 187 Everisto Benyera, Oliver Mtapuri & Artwell Nhemachena Chapter Six: Re-discoursing Jurisprudence st for Africa in the 21 Century: Re-centring Africa’s Memory and Re-memory through African-authored Literary Arts ............................................. 219 Ruby Magosvongwe