Full Description
South Africa presents the perplexing paradox of arguably having the most progressive Constitution in the world, marked by full-throated socio-economic rights protection, while also being one of the most unequal countries in the world. This book takes seriously increasing sociopolitical challenges to the legitimacy of South Africa's post-apartheid legal order and scorching critiques of the constitutional settlement, against which many in the legal establishment bristle. Sindiso Mnisi develops 'Alter-Native Constitutionalism,' which is distinguished by equitable amalgamation of customary and common law with vernacular (or 'living') law, as a more compelling and just model for South Africa to adopt in its future than the legal pluralism that largely represents the afterlives of colonialism. This book draws on and contributes to international debates about the role of law in decolonising post-colonial orders and economic redistribution, addressing issues of poverty and inequality, gender, race, indigeneity, and customary vs vernacular law.
Contents
Introduction; Part I. Alter-Native Constitutionalism: 1. Alter-native constitutionalism and the 'common' law; 2. Drowning in excrement: komape as a symbol of constitutional alienation and precarity; 3. The violence of komape: language, relationships and time in law; Part II. Common-Ing 'Common Law': 4. The constitutional case for common-ing '(un)common' law by amalgamation; 5. Overcoming adaptive challenges to alter-native constitutionalism; Part III. Ransforming Property: 6. Common-ing the language of the uncommon law of property by interpretation; 7. A 'house' is ...? transforming constitutional property relations in uncommon law; 8. A 'house' in time; Part IV. Coda: Property Alter-Natives: Bibliography; Back cover.
