Masilo Lepuru

This essay will critically analyse how conquest that resulted in white settler colonialism laid the foundation for epistemic violence. Epistemic violence, which took the form of the imposition of the law of the European conqueror in the wake of land dispossession in 1652 in South Africa is the fundamental problem this essay will critically engage with. We will rely on the Azanian philosophical tradition as a theoretical framework to critique this legal epistemic violence. Our theoretical framework is in line with Afrikan jurisprudence, which is grounded in the culture and worldview of the Indigenous people conquered in wars of conquest. Fundamental to our argument is that the law of the European conqueror, which was imposed through conquest is a Eurocentric enterprise, which seeks to negate the Afrikan worldview and culture and reinforce historic injustice. It is important to note that epistemic violence commenced with the issuing of papal bulls, which undergirded conquest and white settler colonialism in South Africa. The thesis of the essay is that in the wake of conquest and the attendant imposition of the law of the European conqueror, white settlers used their law to technicalise issues of historic injustice such as land dispossession. It is in this sense that this essay seeks to contribute to the decolonisation of law by foregrounding the worldview and culture of the Indigenous conquered people.

Literature on the radical indigenous resistance tradition, which predated the emergence of Garveyism as a form of Afrikan philosophy of liberation is scarce in South African politics and history. Robert Edgar and Robert Vinson have contributed to the literature on the influence of Garveyism in South Africa in the 1920s. However, their scholarship does not delve into the emergence of the radical indigenous resistance tradition which was a reaction to conquest since 1652 in wars of colonization in South Africa. This paper seeks to remedy this gap by discussing this radical indigenous resistance tradition which we designate as the Indigenous Fundamentalist Tradition. This paper will utilize the historical analytical framework to provide a brief outline of the cause and elements of this tradition. We will rely on historical research design to discuss how, upon its arrival in the 1920s, Garveyism regalvanised this radical indigenous resistance tradition. The first objective of the paper is to foreground the convergence of the intellectual and political endeavours of people of Afrikan descent (continent and diaspora) in their struggle against global white supremacy. The second objective is to contribute to the eventual hegemony of the combined radicalism of the Indigenous Fundamentalist Tradition and Garveyism which is a marginalized issue in the literature on Afrikan nationalism and the Black Radical Tradition in South Africa. This paper will provide a brief intellectual portrait of Lembede to argue that through his political philosophy of Afrikanism he encapsulated the convergence of the Indigenous Fundamentalist Tradition and Garveyism. This is in order to lay the foundation for the foregrounding of Lembede’s idea of Afrika for the Afrikans as an alternative paradigm regarding the national question in South Africa.

This article is a critical attempt to problematise the notions of European Modernity and Rationality. It is fundamentally an Afrikan philosophical critique of epistemic violence that comes with European Modernity and Rationality. It argues that European Modernity triumphed in “South Africa” following unjust conquest of the Indigenous people since 1652, which was characterised by loss of sovereignty and epistemicide. This resulted in the violent imposition of the law and jurisprudence of White settlers, which are antithetical to Afrikan law and jurisprudence. This epistemicidal nature of White settler colonialism manifests itself through the legal technicalisation of issues of historical injustice. Keywords: conquest; post-apartheid “South Africa”; White settler colonialism; epistemicide; Modernity; Rationality; Afrikan law; Afrikan jurisprudence.