Introduction
In this article, the tension between the values of human rights and the ideals of justice displayed in South African township courts is examined. According to this line of reasoning, implementing human rights in post-apartheid South Africa has resulted in several societal implications, including convergences and divergences between human rights theories and local notions of justice. Thus, the diversity of legal regimes in South Africa today can be traced back to a wide range of social acts. The author argues that “The introduction of human rights in post-apartheid South Africa has had varied social effects,” (Wilson, 2017, p. 75). As a consequence of this, the concept of legal pluralism is useful for gaining an understanding of the relationship between formal morals and judicial systems such as customary law and state law.
Discussion
Both legal centralists and pluralists have been at odds with one another for a significant time. Neither group has been able to fully persuade the other of the validity of their respective points of view. The author therefore, asserts that “It is clear that the new South Africa is using truth and reconciliation to lay out the larger picture of what was happening during apartheid and to prevent the escalation of violence, but it is not at all clear what the move from violence to harmony will mean, especially when it is coercive.” (Wilson, 2017, p. 91). This is done to bring the two systems of thinking into harmony. This more complicated method provides a deeper grasp of the fragile relationship between society and the judicial system.
It is not the history of the Europeans who invaded Africa that is represented in local African legislation; rather, it is the history of the people who were already living on the continent before Europeans arrived. Legal pluralism, which may be described as several legal systems within the same geographic region, has not yet been fully appreciated. According to Wilson, “There no clear divergence, however, there is an uncover between human rights ideas and the notions of justice expressed in local lekgotla, or township courts, which emphasize punishment and retribution” (2017, p. 75). Instead of viewing society and the legal system as two separate and distinct entities, the investigation should be done on how social actors engage with and influence the development of legal institutions over time. There has been a general trend toward more centralization in the country since the transition to democracy in 1994. On the other hand, this method is not devoid of debate; certain organizations are opposed to the tendencies toward centralization and are calling for a more diverse strategy.
Although it is not always the case, there are times when forgiveness and rage may coexist. This is not always the case, however. When one considers the unintended consequences of moral categories, it becomes clear that revenge and forgiveness are not mutually exclusive concepts. To advance racial harmony, a few different approaches may be used. Recognizing and elevating pain is one of these tactics, framing suffering as a price worth paying for liberation and linking suffering with other things. Developing these tactics was to create an environment of forgiveness and peacemaking inside groups and between them. According to the article, “Religious values and human rights discourse converged on the notion of reconciliation on the basis of shared value orientations. (Wilson, 2017, p. 81). Even though both human rights discourse and religious beliefs have adopted the idea of reconciliation, there is a notable gap between the two, as seen in the township courts.
Because there are not enough effective conflict resolution institutions to negotiate sustainable local peace to communities, it is difficult for ceremonial gestures of reconciliation, such as shaking hands with mothers of military young, to promote any reconciliation at the local level. One example of this is shaking hands with mothers of military young. According to the article, “It is possible to take a more synthetic view of the creative tension between anthropologists and colonial historians and build up a version of legal pluralism that is useful for thinking about the interactions between state officials advocating new human rights ideas and practices and local moralities and legal institutions in African communities.” (Wilson, 2017, p. 77). Because of this notion, there were fewer interactions between the parties involved because it was felt that they had too much to lose as a result of their earlier involvement in the violence.
Conclusion
From the article summary, I can say that in the same manner as the harsh justice that is administered in some of the local courts is seen to be deplorable. I see that local groups deal with minor violations, and the term “kangaroo court” has come to be associated with these organizations. Therefore, these organizations are hostile to human rights and have violated them. The National Human Rights Commission, which stands for all rights of human beings, has been much more successful when bringing about justice than other organizations. Therefore, I conclude that the legal system is patriarchal and has a strong working link with police enforcement. This factored into the decision to end some of the political violence that had taken place in the past.
Reference
Wilson, R.A. (2017). Reconciliation and revenge in post-apartheid South Africa. International Law and Society, 451-465. Web.