Democracy at Crossroads: Zulu Law in London

Introduction

During the talks between the ANC and the National Party government in the early '90s, known as the Congress of Democratic South Africa (CODESA), a shocking and tragic event rocked the nation: the assassination of Chris Hani, the Chief of Staff of Umkhonto weSizwe, outside his home in Boksburg. This brutal act left the black community in a state of grief and anger, underscoring the deep-seated tensions of the time. Hani was a vocal critic of the negotiations that excluded discussions on land reform, a critical issue for many black South Africans whose land had been seized by colonial forces.

In the first five years of democracy under President Nelson Mandela (1994-1999), South Africa introduced a government of national unity and amended its constitution, which was celebrated globally as a model of democratic governance. However, 30 years into this so-called democracy, the promise of true equality remains unfulfilled. The African black majority, the rightful heirs to the land of their forefathers, own less than ten percent of it today. This glaring disparity is a stark reminder of the enduring legacy of colonialism and apartheid, perpetuated by a constitution that many feel favors the white minority.

As we delve into this issue in our newsletter, we will explore the deep-rooted pain, injustice, and inequality faced by the black majority in South Africa. The narrative is a stark reminder of the challenges and the path the black majority will need to navigate after the elections on the 29th of May 2024. Join us as we examine these critical issues and their implications for the future of South Africa's democracy.

Imagine if Britain's constitution were made up of Zulu law. The real question here, though, is why South Africa's constitution is built on Roman-Dutch law, even though South Africa is neither Roman nor Dutch. This has been a critical question throughout the 30 years of the so-called democracy. How can a nation's legal foundation be rooted in the systems of its colonizers and still claim to represent the interests and values of its indigenous majority? This incongruity has perpetuated inequalities and injustices, keeping the black majority in a state of systemic disadvantage, despite the promises of freedom and equality that were heralded at the dawn of democracy.

Having said in the introduction that the assassination of Chris Hani was mainly because of his views about land reform, which actually was the core of the struggle for liberation since the beginning of the 1900s, South Africa found herself ruled under the Roman-Dutch Law. Within this legal framework, section 25 of the constitution shies away from acknowledging that the land belongs to the native Africans and that it was taken by force. In other words, it doesn't empower the government to reclaim the land and redistribute it to its rightful native citizens. Because of this, the majority of African Blacks do not own land to this day. They are living in poverty in their motherland, which is rich with minerals. This glaring injustice underscores the urgent need for a constitutional revision that genuinely reflects the aspirations and rights of South Africa's indigenous people.

The minerals of South Africa are still predominantly owned by the descendants of the colonizers, and the native people do not receive a penny from the rich resources of their land. From coal to gold, energy to water, even the government purchases water from dams owned by whites. The business sector, too, remains largely in the hands of whites, leaving black people primarily in positions of employment rather than ownership. Systemic barriers, such as the inability to secure loans from banks or financial support from the government, prevent blacks from establishing and growing significant businesses. The so-called best constitution in the world traps black South Africans between a rock and a hard place, perpetuating economic disparities and hindering true liberation and equality.

Because of this situation, the entrenched white privilege perpetuates systemic inequalities that heavily impact the black population. In businesses owned by whites, blacks often earn salaries that are five times less than their white counterparts. Even when black individuals are selected for high positions, the disparity remains, with distinct salary scales for blacks and whites. This creates significant problems for blacks who leave their villages for towns and cities in search of employment. They earn less, and from that meager income, they must support their families back in the villages while also sustaining themselves in the towns. This means they have to stretch their already insufficient earnings even further, dividing it to cover both their rural and urban expenses. This financial strain perpetuates the cycle of poverty and inequality among black South Africans.

Having said some of the things that made this so-called best constitution in the world, the question arises, will the Romans or Dutch allow these types of laws and privileges to be applied in their sovereign states—laws that suppress them the way they do in Black communities? Will Zulu law ever apply in London? The answer is a resounding no; it would only happen over their dead bodies. So, why should blacks stand idly by while they are oppressed under this unjust system?

Now that the people of South Africa have begun voting for the party they want to lead after 30 years of this so-called democracy—a democracy that has failed them—the black majority has awakened and is demanding change once and for all. They no longer believe in this constitution; they want something new, a total independence. This time, they are prepared for anything and everything, but as long as they can be free and reclaim their forefathers' land back to their Kings and Queens, there will be peace in their souls. The time for passive acceptance is over; the time for real, meaningful change has arrived.

As we reflect on the deep-seated injustices and the ongoing struggle for true democracy in South Africa, it becomes clear that the time for change is now. The current constitution, hailed as the best in the world, has failed to deliver real freedom and equality to the black majority. It is crucial for all South Africans to recognize the urgent need for reform and to support efforts to reclaim the land and rights that were wrongfully taken. These elections are not just a political event but a pivotal moment in the fight for justice and dignity. Let us stand united in our quest for a fair and just society, where every citizen can thrive and prosper. The journey ahead will be challenging, but with determination and solidarity, we can pave the way for a brighter, more equitable future for all.