Post Apartheid Fragments

Refusal, Transition and Post-apartheid Law under editorship of professor Karin van Marle is indeed long overdue. As some of the authors in the relevant contributions to this publication rightly point out, Van Marle?s call for a ?jurisprudence of generosity?, enabled through an ?ethics of refusal?, signals a new shift in South African jurisprudence. Through the lens of Van Marle?s ethics of refusal and her jurisprudence of generosity, the articles present fresh and meaningful interpretations in respect of a range of very relevant topics ranging from property theory and a rethinking of human rights, to the role of forgiveness and the dangers inherent in modern technology.

This book considers the question of spatial justice after apartheid from several disciplinary perspectives – jurisprudence, law, literature, architecture, photography and psychoanalysis are just some of the disciplines engaged here. However, the main theoretical device on which the authors comment is the legacy of what in Carl Schmitt’s terms is nomos as the spatialised normativity of sociality. Each author considers within the practical and theoretical constraints of their topic, the question of what nomos in its modern configuration may or may not contribute to a thinking of spatial justice after apartheid. On the whole, the collection forces a confrontation between law’s spatiality in a “postcolonial” era, on the one hand, and the traumatic legacy of what Paul Gilroy has called the “colonial nomos”, on the other hand. In the course of this confrontation, critical questions of continuation, extension, disruption and rewriting are raised and confronted in novel and innovative ways that both challenge Schmitt’s account of nomos and affirm the centrality of the constitutive relation between law and space. The book promises to resituate the trajectory of nomos, while considering critical instances through which the spatial legacy of apartheid might at last be overcome. This interdisciplinary book will appeal to scholars of critical legal theory, political philosophy, aesthetics and architecture.

"Activists in South Africa have achieved many important victories since the end of apartheid. But there is a growing frustrations and desire to build a new politics that deal with the big question facing today's world. Fragments to activism is a collection of stories, essays, reflections, and images. They are drawn from individual conversations over a period of two years with people building movements and campaigns across South Africa and in several countries across Latin America. People who want to change society for the better. Moving between many themes - from facing hitmen, to occupying buildings to the messiness of political work, to reimaging politics together - Fragments of activism offer broader conversation on forms of alternative thinking to the status quo."--Back cover.

Winner of IASPM Book Prize, given by IASPM, 2023 This book is an ethnographic study of sound archives and the processes of creative decolonization that form alternative modes of archiving and curating in the 21st century. It explores the histories and afterlives of sound collections and practices at the International Library of African Music. Sound Fragments follows what happens when a colonial sound archive is repurposed and reimagined by local artists in post-apartheid South Africa. The narrative speaks to larger issues in sound studies, curatorial practices, and the reciprocity and ethics of listening to and reclaiming culture. Sound Fragments interrogates how Xhosa arts activism contributes to an expanding notion of what a sound or cultural archive could be, and where it may resonate now and in future.

It historicizes the contemporary discussion of urbanism, highlighting the local and global breadth of the city landscape. This interdisciplinary collection examines how the city develops in the interactions of space and imagination. The essays focus on issues such as street design in Vienna, the motion picture industry in Los Angeles, architecture in Marseilles and Algiers, and the kaleidoscopic paradox of post-apartheid Johannesburg. They explore the nature of spatial politics, examining the disparate worlds of eighteenth-century Baghdad, nineteenth-century Morelia. They also show the meaning of everyday spaces to urban life, illuminating issues such as crime in metropolitan London, youth culture in Dakar, "memory projects" in Tokyo, and Bombay cinema.

The book seeks to open and explore the liminal space of critique at the intersection of law, aesthetics and politics. The essays in this volume elaborate and expand the meaning and significance of critique through an engagement with aesthetic forms. Although this endeavour has wider significance, the focus is primarily on South Africa. The various contributions arose out of a process of reading, writing and discussion among visiting scholars at the Stellenbosch Institute for Advanced Study (STIAS), Stellenbosch University, South Africa, in 2010. The project responds to the limits of the transplantation of critical legal studies into different jurisdictions, especially South Africa. The essays develop an approach to critical legal thinking that is conscious of critique as a problem of genre and seek to open up this problem of genre in the context of critical legal studies.

This curated collection engages international debates about the current challenges facing democracy. Given the proliferation of “crisis” literature on democracy, this volume finds its distinctive niche in presenting perspectives from the global margins that bridge disciplinary, sectoral, national and conceptual divides. South Africans enter into conversation with scholars and activists from elsewhere in the Global South, including the Arab world and the rest of Africa, and from the European periphery. Insights on democracy are offered from a diversity of perspectives and voices, spanning philosophy, socio-legal and political studies, sociology, public administration, and queer and gender studies and activism. The book will be of interest to academics, activists, policymakers, development planners, and the general public. The D-Word is a timely contribution addressing burning questions: are current contestations about the relevance of democracy due to systemic flaws in how it is constituted, received, practised and even imagined, and can the democratic “project” be salvaged? The book’s unique approach brings a variety of lenses to bear on the prospects for democracy. The critical reflections it contains make for an enriching, broad canvas of ideas. - Professor Sandy Africa, University of Pretoria

Bodies of Truth offers an intimate account of how apartheid victims deal with the long-term effects of violence, focusing on the intertwined themes of embodiment, injury, victimhood, and memory. In 2002, victims of apartheid-era violence filed suit against multinational corporations, accusing them of aiding and abetting the security forces of the apartheid regime. While the litigation made its way through the U.S. courts, thousands of victims of gross human rights violations have had to cope with painful memories of violence. They have also confronted an official discourse claiming that the Truth and Reconciliation Commission of the 1990s sufficiently addressed past injuries. This book shows victims' attempts to emancipate from their experiences by participating in legal actions, but also by creating new forms of sociality among themselves and in relation to broader South African society. Rita Kesselring's ethnography draws on long-term research with members of the victim support group Khulumani and critical analysis of legal proceedings related to apartheid-era injury. Using juridical intervention as an entry point into the question of subjectivity, Kesselring asks how victimhood is experienced in the everyday for the women and men living on the periphery of Cape Town and in other parts of the country. She argues that the everyday practices of the survivors must be taken up by the state and broader society to allow for inclusive social change in a post-conflict setting.