In “Conceptual Decolonisation: Kwasi Wiredu’s Disruption of Philosophy”, published in The Elephant on 25th April 2019, Sanya Osha argues that while the celebrated Ghanaian philosopher, Kwasi Wiredu, has disrupted Western philosophy, his efforts at conceptual decolonisation within the framework of analytic philosophy are not radical enough because, allegedly, they remain captive to the Western philosophical canon. Osha has pursued the same line of argument in his article on Wiredu in the Internet Encyclopedia of Philosophy.
It is appropriate to remind ourselves early in this article that since colonisation denotes foreign invasion and occupation that robs its victims of their political autonomy, material resources, and their attendant right to cultural expression in its diverse manifestations, conceptual decolonisation necessarily implies the victims’ initiative to evict foreign ideas that occupy and dominate their way of thinking, and to assert their right to think and act as they choose. Scholars have frequently observed that colonisation had a three-pronged approach: military action to physically subdue the armed resistance of its victims, religion to weaken their resolve for armed resistance, and formal education to superimpose on them a Western worldview with its “white” supremacist orientation. Conceptual colonisation mainly functions at the level of religion and formal education, and so its deconstruction must operate along the same lines.
Not bound to Ancient Athens
Osha asserts that “The Athenian origins of Western philosophy obviously do not address the urgencies of African existential dilemmas and this is probably one of the reasons that African philosophy sometimes appears not to be in the forefront of the social processes of decolonisation in Africa. … the African subject is compelled, with little or no voice, to find its locus of muteness within an invariably Western philosophical canon.” He seems to be implying that all African scholars of philosophy only feel accomplished in the discipline if they can expound the thoughts of the ancient Greek philosophers such as Thales, Pythagoras and Anaxagoras, Socrates himself, and his myriad academic descendants such as Plato, Aristotle, Augustine of Hippo, Thomas Aquinas, David Hume and Immanuel Kant, among others. However, Osha’s view, which implies that philosophy is essentially a Western discipline, risks creating the false impression that non-Western cultures in Africa, Asia, Central America, South America, New Zealand and Australia do not undertake philosophical reflection, thereby reinforcing the conceptual colonisation that he and Wiredu are agreed ought to be uprooted.
For centuries the West debated the question as to whether Africans had the ability to philosophise, to which Georg Wilhelm Friedrich Hegel, in the introduction to his Philosophy of History, gave a definite answer in the negative, insisting that Africa was a dark continent without logic, and therefore without history and civilisation. Underlying this question was the widespread belief in the West that Europe’s culture is characterised by reason and non-European ones by emotion, superstition, or whatever else, but certainly not reason. Thus the renowned Kenyan philosopher D.A. Masolo, in African Philosophy in Search of Identity, observed that at the centre of the debate on African philosophy is “the concept of reason, a value which is believed to stand as the great divide between the civilised and the uncivilised, the logical and the mystical.”
However, as Jennifer Lisa Vest correctly observed in “Perverse and Necessary Dialogues in African Philosophy”, “To engage in academic dialogues implicitly or explicitly guided by a request or a felt need to justify and defend the very possibility of African philosophy or African rationality is to engage in perverse and unnecessary dialogues” – perverse because they question the very humanity and attendant rationality of Africans, and unnecessary because such humanity and its attendant rationality need no demonstration.
For centuries the West debated the question as to whether Africans had the ability to philosophise, to which Georg Wilhelm Friedrich Hegel, in the introduction to his Philosophy of History, gave a definite answer in the negative, insisting that Africa was a dark continent without logic, and therefore without history and civilisation.
The publication of the English translation of Placide Tempels’ La Philosophie Bantoue as Bantu Philosophy in 1952, with a second better known edition in 1959, was a classical enactment of the adage that one ought to refrain from judging a book by its cover, for it ironically argued that Africans are incapable of individualised, rational, philosophical reflection, reinforcing the belief that Africans are outsiders to the kind of philosophical reflection undertaken in Europe. For Tempels, “African philosophy” simply meant a purported monolithic African worldview. Indeed, Tempels was convinced that Africans could not articulate their own “philosophy”, so that it rested on Europeans to explicate it: “It is we [Europeans] who will be able to tell them [Africans], in precise terms what their inmost concept of being is. They will recognise themselves in our words.”
Regrettably, John S. Mbiti’s celebrated African Religions and Philosophy, first published in 1969, adopted Tempels’ theoretical framework, with Mbiti sparing only one chapter for what he called “African philosophy”. Notice that the title of Mbiti’s book suggests that there are many African religions, but a single African philosophy.
It is also regretable that Mbiti’s book got to be much better known than The Mind of Africa, written seven years earlier, in 1962, by the Ghanaian philosopher William E. Abraham. Abraham’s book was a philosophical masterpiece that grappled with various issues regarding the direction that newly independent African states were bound to face. In his preface, Abraham wrote: “I have not merely tried to describe and isolate the forces at work in Africa, and to describe the people among whom the forces are unleashed. I have sought the fundamental framework within which these forces are set, that framework which reveals the people of Africa in their human condition in society. Every society has an ideology. It is the ideology of a society which yields those principles in the light of which significant events are judged to be significant.”
Since Abraham’s seminal work, philosophers too many to count, from different countries in Africa, have penned down their thoughts on various subjects, not least that of conceptual decolonisation. These include, but are certainly not limited to, Ghana’s Kwasi Wiredu and Kwame Gyekye, Benin’s Paulin J. Hountondji, Senegal’s Souleymane Bachir Diagne, Cameroon’s Jean-Godefroy Bidima, Nigeria’s Olu´ Fe´mi Ta´ I´wo` and Nkiru Nzegwu, Malawi’s Didier Njirayamanda Kaphagawani, Ethiopia’s Bekele Gutema Jebessa, Eritrea’s Tsenay Serequeberhan, and Kenya’s H. Odera Oruka and D.A. Masolo.
Wiredu in touch with the people’s struggles
Wrote Osha: “For philosophy to obtain relevance to the practices of everyday life in Africa, it has to be embedded in and defined by everyday struggles and experiences.” This is precisely what Wiredu does in a good number of his works.
In his 1967 “African Traditional Thought and Western Science”, Robin Horton asserted that Africans are incapable of a detached evaluation of their systems of thought in terms of truth and falsity. More specifically, Horton asserted that African religious systems of thought were “closed”, by which he meant that they did not envisage alternatives to the established systems of thought.
However, in “How Not to Compare African Traditional Thought with Western Thought”, published as a chapter in his Philosophy and an African Culture, Wiredu points out that Horton ought to have compared African religion with Western religion, and African scientific thought with Western scientific thought. While for Osha this is a mere attempt at disrupting the Western philosophical canon through a synthesis of African and Western philosophy, Wiredu’s rejoinder served the crucial role of slowing down the spread of one more Western myth presented as objective analysis of African realities.
An important issue in philosophical discourses by African scholars is the role of language: how much independence can such scholars really assert in their intellectual productions if they continue to be beholden to the languages of their erstwhile colonisers? In Decolonising the Mind: The Politics of Language in African Literature, Ngugi wa Thiong’o famously highlighted the fact that there is no escape from mental subjugation to Western imperialism as long as creative writers in Africa continue to use such languages. Osha is aware of the fettering effect of language, but charges Wiredu with perpetuating it: “The African subject thus finds him/herself entrapped within a Western philosophical vocabulary that necessarily constrains his/her discursive agency, notwithstanding the realities of being ensconced within an ostensibly African voice, in this case, Wiredu’s own voice.”
An important issue in philosophical discourses by African scholars is the role of language: how much independence can such scholars really assert in their intellectual productions if they continue to be beholden to the languages of their erstwhile colonisers?
However, Wiredu has consistently called attention to the challenges of undertaking philosophical reflection in Western languages on the basis that they are carriers of Western worldviews that necessarily colour the cogitations of the African philosopher. He presents some of his thoughts on this issue in his “Formulating Modern Thought in African Languages: Some Theoretical Considerations”, which appeared in The Surreptitious Speech: Presence Africaine and the Politics of Otherness 1947-1987 edited by V. Y. Mudimbe.
Furthermore, in “Toward Decolonizing African Philosophy and Religion”, Wiredu is emphatic that African philosophy will go a long way on the road to decolonisation when African scholars utilise their indigenous languages in their philosophical works, and points out that many other people think philosophically in their indigenous languages as a matter of course. To illustrate his point, he takes up Placide Tempels’ claim, in Bantu Philosophy, that for the Bantu, “Being is force and force is being”, and points out that the very sentence cannot be translated into his Akan language, which, he tells us, does not have the existential verb “to be”. From this he infers that what Tempels claims about the Bantu in this regard cannot be attributed to the non-Bantu Akan, and that this is particularly significant because Tempels often gives the impression that what he purportedly found among the Bantu is applicable to all Africans.
Wiredu further points out that the late Alexis Kagame, himself from the Bantu, reported that Tempels’ sentence is also incapable of translation into Bantu languages. Wiredu goes on to observe that “If Kagame is right, then whatever it was that Tempels noticed about Bantu thought was radically mis-stated by the use of an inapplicable Western category of thought, namely, the concept of being as existentially construed. It is a concept that was obviously deeply ingrained in Tempels’ own manner of thinking, and he very well may have thought it universal to all human thinking.” Consequently, Wiredu points out that “it is fair to say that any Africans who go about disseminating Tempels’ claim without confronting the conceptual issue are simply advertising their colonial mentality for all who have eyes to see.”
What is more, Wiredu has led by example, in that he has contributed a chapter written in his Akan language to Listening to Ourselves: A Multilingual Anthology of African Philosophy, a ground-breaking volume edited by Agnes B. Curry and Anne Waters, with a foreword, most appropriately, by Ngugi wa Thiong’o. The other six contributors to the anthology – every scholar writing an essay in his or her own language, with accompanying English translations undertaken by scholars who are native speakers of the respective tongues – are Souleymane Bachir Diagne (Wolof), Messay Kebede (Amharic), D.A. Masolo (Dholuo), Fred Ochieng’-Odhiambo (Dholuo), Betty Wambui (Gikuyu), and the late Emmanuel Chukwudi Eze (Igbo). The editors indicate that Wiredu’s calls for conceptual decolonisation played a large part in inspiring the anthology.
Moreover, while Osha seems to imply that Wiredu’s philosophy is purely analytic (the kind undertaken in the British Isles and North America), D.A. Masolo noted in “Narrative and Experience of Community as Philosophy of Culture” that one implication of the communalistic and narrativistic approach of African philosophy is that the dichotomy between analytic and continental philosophy, so characteristic of Western philosophy, is not applicable to it.
Besides, contrary to the impression that Osha creates that Wiredu’s philosophy is strictly analytic, Wiredu also delves into contractarian philosophy, so closely associated with continental philosophy, when in Cultural Universals and Particulars: An African Perspective, he questions the almost hegemonic confidence in the Western liberal majoritarian multiparty systems of governance in post-colonial African states, and appeals for the adoption of no-party ones characterised by consensus-based decision-making in their place, on the grounds that many pre-colonial African communities effectively governed themselves through such systems. He asserts that “When representatives are not constrained by considerations regarding the fortunes of power-driven parties they will be more inclined in council to reason more objectively and listen more open-mindedly. And in any deliberative body in which sensitivity to the merits of ideas is a driving force, circumstances are unlikely to select any one group for consistent marginalisation in the process of decision-making. Apart from anything else, such marginalisation would be an affront to the fundamental human rights of decisional representation.” Wiredu is emphatic that while unanimity might be the perfection of consensus, quite often it will be enough to ensure that all views are adequately articulated in the course of decision-making to secure the goodwill of those whose wishes are not adopted for implementation.
Wiredu will also go down in the annals of African philosophy for having curated and edited A Companion to African Philosophy, a forty-seven chapter volume bringing together the contributions of philosophers from around Africa and a number from other parts of the world. His inclusion of non-African scholars is appropriate for at least two reasons. First, it confirms that African philosophers have made contributions that have been noticed and responded to by academics beyond the continent. Indeed, several philosophers of European descent, working in Western universities, have now thrown in their lot, not with the enslaving approach to African philosophy championed by Placide Tempels and John S. Mbiti after him, but rather with the emancipatory approach to it championed by a host of contemporary African philosophers. Second, Wiredu’s inclusion of non-African philosophers in A Companion to African Philosophy highlights the fact that African philosophy is taking its rightful place in the emerging discourses on world philosophies, thereby further whittling down the hegemony of the Western philosophical canon that Osha seems to think is invincible.
Diverse schools of African philosophy
Osha talks of “the Anglophone school of African philosophy”, suggesting that he holds the view that the schools of philosophy in Africa are organised along the Western imperialist mapping of Africa into Anglophone, Francophone and Lusophone (Portuguese-speaking) – a view that perpetuates Western imperialism by legitimising the criminal partition of Africa in Berlin towards the close of the nineteenth century.
However, there is no single Anglophone school of philosophy, but rather a number of schools of philosophy in the so-called Anglophone Africa. For example, the late Kenyan philosophy professor, H. Odera Oruka, identified six such schools: ethnophilosophy (which, led by Placide Tempels, treats African philosophy as collective wisdom or a shared worldview); nationalist/ideological school (comprising works of political leaders such as Julius K. Nyerere, Kwame Nkrumah, and Leopold Sedar Senghor); professional philosophy (practised by academically trained individuals teaching and writing in universities); sage philosophy (the thoughts of men and women rooted in their indigenous African cultures); hermeneutical school (borrowing from the insights of the phenomenological and existentialist movements in Continental European philosophy); and the literary school (comprising the philosophical thoughts of African novelists, poets, playwrights and other creative writers).
Preserving the identity of African philosophy
Osha’s pessimism regarding the potential of African philosophy to contribute to conceptual decolonisation is perhaps most striking when he writes: “By interrogating the overarching tradition/modernity dialectic, Wiredu has announced cultural synthesis as a pragmatic approach. But it seems the benefits of this conceptual approach would have been better realised in the fields of cultural studies, and other related discourses.” Osha’s proposal is in line with positivism – the view, popularised by Auguste Comte, that only what can be apprehended using the five senses is worth scholarly inquiry. This line of thought is at the core of the incessant attacks on the humanities, with their focus on introspective inquiry.
Osha talks of “the Anglophone school of African philosophy”, suggesting that he holds the view that the schools of philosophy in Africa are organised along the Western imperialist mapping of Africa into Anglophone, Francophone and Lusophone (Portuguese-speaking) – a view that perpetuates Western imperialism by legitimising the criminal partition of Africa in Berlin towards the close of the nineteenth century.
In A Short History of African Philosophy, Barry Hallen notes that in the mid-twentieth century, both religious studies and social anthropology challenged the autonomy of African philosophy by popularising the view that all African thought was “traditional”. This approach is evident in Mbiti’s flagship book, African Religions and Philosophy, in which he unapologetically apportions a much lower status to philosophy than to religion: “We speak of African traditional religions in the plural because there are about one thousand African peoples (…), and each has its own religious system…Religion is the strongest element in traditional background, and exerts probably the greatest influence upon the thinking and living of the people concerned.” He further alleges that “While religion can be discerned in terms of beliefs, ceremonies, rituals and religious officiants, philosophy is not so easily distinguishable.”
Furthermore, during a public lecture at the University of Nairobi on 27th March, 2015, Prof. Mbiti related how he participated in establishing the Department of Religious Studies and Philosophy at Makerere University, Uganda, in the 1960s. Notice that the name of the department followed the pattern of his book title – African Religions and Philosophy. A look at the Table of Contents of Mbiti’s work reveals his unapologetic subjugation of philosophy to religious studies: of the twenty chapters in the book, fifteen have an explicitly religious focus, while the remaining five (Chapters 1, 2, 17, 18 and 20) are marginally philosophical. It is also noteworthy that several scholars of religious studies have insisted that there is no essential difference between philosophy and religious studies, to which many African philosophers have replied that religious studies investigates dogma, while philosophy focuses on the clarification of terms, verification of the truth of claims, and the logical connection between claims and evidence provided for them. Indeed, an attempt at integrating philosophy and religious studies would produce a monstrosity which would be neither philosophy nor religious studies, for it would incurably distort the distinct methodological approaches of the two disciplines.
On its part, social anthropology, which professes to inquire into the entire range of cultures and societies in the world, originally concentrated on non-Western so-called primitive societies, with sociology reserved for modern Western societies. Ethnology is generally regarded as one of the major sub-branches of social anthropology, and as Paulin J. Hountondji aptly illustrated in his African Philosophy: Myth and Reality, the original racist orientation of social anthropology certainly influenced Placide Tempels’ paternalistic approach to African philosophy in his Bantu Philosophy; this is what led Hountondji to refer to Tempels’ approach as “ethnophilosophical”.
As for cultural studies, which Osha prefers to African philosophy, it professes to be an interdisciplinary field concerned with the role of social institutions in the shaping of culture. Britanica.com informs us that among the central concerns of cultural studies are the place of race or ethnicity, class, and gender in the production of cultural knowledge. Cultural studies emerged, not in Africa, but rather in Britain in the late 1950s and early 1960s. Consequently, one wonders what the basis for his optimism towards it is in contradistinction to his pessimism towards philosophy.
Furthermore, for almost three decades now, neoliberalism has been vigorously questioning the value of the humanities and social sciences, with buzz phrases such as “market-driven courses” being used in reference to applied sciences such as medicine, dentistry, pharmacy, and engineering, and governments resolving to allocate greater funding to them. Nevertheless, the social sciences have managed to convince those who hold the purse strings of their contribution to the economy, leaving the humanities, under which philosophy falls, grossly under-funded. As a result, some scholars of African philosophy are now trying to prepare research proposals that pander to the demands of funding agencies. This situation prompted me to write “Research Methodology in Philosophy within an Interdisciplinary and Commercialised African Context”, in which I argued that in view of the limited number of natural and social phenomena available for scholarly inquiry, there will always be intersections in the subject matter of various disciplines. As such, the only way for a discipline to preserve its identity and to contribute meaningfully to inter-disciplinary inquiry is to stay true to its methodology.
African philosophy Transforming the conceptual apparatus
Osha went on to write: “… essentially, what we require more than ever is a complete transformation of the conceptual apparatus so that we are able to embrace more fully our essential realities rather than being alienated and stymied by them at a fundamental conceptual level.” Although Osha thinks that African philosophy is an obstacle to the attainment of this noble aspiration, philosophers all over Africa are engaged in innovative projects aimed at conceptual decolonisation. We have already cited three such innovations by Kwasi Wiredu, but a few more examples would be helpful.
Scholarship has been inundated by the Western liberal concept of personhood, with its emphasis on the atomic individual who pursues his or her personal interests without any consideration of the common good except as it directly promotes his or her personal good.
The late Prof. H. Odera Oruka, from his base at the University of Nairobi, launched the Sage Philosophy Project in 1974, with the aim of collecting the individual, reflective and didactic thought of indigenous thinkers among various ethnic groups in Kenya, and this culminated in his Sage Philosophy: Indigenous Thinkers and Modern Debate on African Philosophy. D.A. Masolo, in a chapter in Sagacious Reasoning: Henry Odera Oruka in Memoriam, edited by Anke Graness and Kai Kresse, aptly referred to Oruka’s Sage Philosophy Project as an instance of “Decentering the Academy”. Besides, in “The Philosophy of Foreign Aid: A Question of the Right to a Human Minimum” in his Practical Philosophy: In Search of an Ethical Minimum, Oruka wrote on the politics of foreign aid, responding to Garrett Hardin’s “Lifeboat Ethics: The Case against Helping the Poor”.
Scholarship has been inundated by the Western liberal concept of personhood, with its emphasis on the atomic individual who pursues his or her personal interests without any consideration of the common good except as it directly promotes his or her personal good. However, Kwasi Wiredu and Kwame Gyekye edited Person and Community, and D.A. Masolo authored Self and Community in a Changing World, both of which question Western liberalism and present incisive reflections on African communalism. Similarly, while in the post-Cold War world Francis Fukuyama announced the victory of liberalism in The End of History and the Last Man, Ademola Kazeem Fayemi, in “Towards an African Theory of Democracy”, aptly noted that Fukuyama’s liberal democracy cannot be the end of human history simply because we are not at the end of human intelligence.
Nkiru Nzegwu’s “Feminism and Africa: Impact and Limits of the Metaphysics of Gender” in A Companion to African Philosophy edited by Kwasi Wiredu, and her Family Matters: Feminist Concepts in African Philosophy of Culture, among others, are valuable contributions to the current discourses on gender equity.
The sum of the matter is that contrary to Sanya Osha’s diagnosis, African philosophy is making its robust contribution to conceptual decolonisation alongside other disciplines in the humanities and social sciences. What is of crucial importance is that African and Africanist scholars indefatigably aim for academic excellence grounded in an ideology that is resolutely on the side of the African masses. There is wide room for inter-disciplinary co-operation between African philosophy and other disciplines. For example, collaboration between African philosophy and critical discourse analysis (CDA) would enrich African philosophy by placing at its disposal the thoroughgoing methodology and the avowedly pro-people ideological orientation of CDA, thereby yielding abundant fruit for conceptual decolonisation.
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Equality, Family and Unpaid Domestic Work: Kenyan High Court Ruling
The judgment of the Kenyan High Court joins a global constitutional conversation of how institutional inequalities within the family may be judicially redressed.
In an interesting judgment delivered earlier this month, the High Court of Kenya at Nakuru held that the housework and care-work performed by a female spouse (the plaintiff) entitled her to an equal share of the matrimonial property at the time of the dissolution of marriage. The facts of MW v AN were that the parties were married in 1990, separated in 2003, and divorced in 2011. The dispute centred on the fate of a house constructed at Nakuru. While the house was registered in the name of the male spouse (the defendant), the plaintiff argued that she had taken out extensive loans to finance the purchase of the land and the construction of the house. Moreover, despite having a job herself, she had been the sole caregiver in the family. The defendant, for his part, argued that not only had he bought the plot on his own, but had also been providing financial contributions towards the upkeep of his wife.
The High Court of Kenya at Nakuru held that the housework and care-work performed by a female spouse (the plaintiff) entitled her to an equal share of the matrimonial property at the time of the dissolution of marriage.
Justice Mumbua Matheka observed that Section 6(7) of the Matrimonial Property Act of 2013, matrimonial property “vests in the spouses according to the contribution of either spouse towards its question, and shall be divided between the spouses if they divorce or their marriage is otherwise dissolved.” In Echaria v Echaria, it had been held by the Court of Appeal that where there was a “substantial but unascertainable contribution” by both parties, a default rule of equal division would apply. The question, of course, turned upon the meaning of the word “contribution”.
In this context, Justice Matheka observed that “contribution” would have to include not only tangible financial contribution, but also the “unseen” contribution of housework and care-work. In paragraph 38, she observed:
This other part of mothering, housekeeping and taking care of the family is more often than not not given any value when it comes to sharing matrimonial property. It is easy for the spouse working away from home and sending money to lay claim to the whole property purchased and developed with that money by the spouse staying at home and taking care of the children and the family. That spouse will be heard to say that the other one was not employed so they contributed nothing. That can no longer be a tenable argument as it is a fact that stay at home parents and in particular women because of our cultural connotations do much more work (house wives) due to the nature of the job . . . hence for a woman in employment who has to balance child bearing and rearing this contribution must be considered. How do we put monetary value to that process where a woman bears the pregnancy, gives birth, and takes care of the babies and where after divorce or separation she takes care of the children single handedly without any help from the father of the children. . . . Should this court take this into consideration when distributing matrimonial property where the husband as in this case is left in the matrimonial home where the wife rents a house to provide shelter for herself and the children? I think it should count, especially where the husband has not supported the raising of the children, has not borne his share of parental responsibility.
Furthermore, this would have to be determined by evidence:
It is time that parties took time to give evidence, sufficient enough to support the value to be placed on the less obvious contribution. It is unfair and unjust for one party to be busy just making their money (the ‘seen’ income) while the other is doing two or three other jobs in the family whose income is ‘unseen’ and then claim this other one did nothing. This attitude is so entrenched we still hear women especially who are housewives say: sifanyi kazi (literally I do not do any work) simply because they do not leave the home to go earn money elsewhere.
Consequently, Justice Matheka held that notwithstanding the fact that the matrimonial property was registered in the name of the husband, the maximum “equality is equity” would apply, and that consequently “the property be valued, sold and each party have 1⁄2 share of the proceeds of the sale.”
Justice Matheka’s judgement is important because of the explicit recognition it gives to “unseen” and unpaid housework, within the context of domestic relationships; as has been well established by now, across the world and across societies, within the institution of the family, the burden of such work is gendered in nature (see, e.g., The Second Shift) – and often, unseen and unpaid domestic work by the female spouse is what “frees up” the male spouse to enter the labour market and engage in the kind of financially remunerative work that, ultimately, results in (for example) matrimonial property being bought with “his” money, and therefore registered in his name. Thus, departures from traditional notions of property are essential in order to do justice in and within the institution of the family.
It is important to contextualise this judgment, both within the framework of Kenyan and comparative law. In Kenya, the default position used to be (as in many other countries) that only financial contributions were to be taken into account in calculating respective shares in the matrimonial property upon dissolution of marriage. Explicitly seeking to change this, the Kenyan Constitution of 2010 contained Article 45(3), which – borrowed from CEDAW – states that, “Parties to a marriage are entitled to equal rights at the time of marriage, during the marriage and at the dissolution of the marriage.” In her book, Equality in Kenya’s 2010 Constitution (2021), Dr Victoria Miyandazi notes that the intention behind Article 45 was, inter alia, to address “harmful practices such as . . . unequal claims to matrimonial property upon divorce.” In Agnes Nanjala Williams vs Jacob Petrus Nicholas Vandergoes, the Court of Appeal directly applied Article 45 between two private parties to mandate an equal division of assets between the spouses, even in the absence of a statutory framework (“horizontal application of rights”).
Justice Matheka’s judgement is important because of the explicit recognition it gives to “unseen” and unpaid housework.
This position, however, was arguably overruled by the Matrimonial Property Act of 2013, which required judges to take into account the relative contributions of the spouses (as indicated above), but also explicitly specified that the word “contributions” included “domestic work, childcare, and companionship.” The Matrimonial Property Act was challenged by the Federation of Woman Lawyers on the basis that the displacement of the 50 per cent rule in favour of “non-monetary contributions” would restore the gendered inequality within marriage, based on the difficulty of calculating non-monetary contributions. This challenge, however, was rejected by the court.
In that context, the judgment in MW v AN is important, as it essentially restores the position of the default equality rule where there is evidence of “non-monetary contribution”, and allays fears that judiciaries that might not have entirely broken out of patriarchal norms will use the vagueness of the statutory clause to devalue housework or care-work.
Furthermore, this is a position that has been advanced by progressive courts across the world. Perhaps the most outstanding example is New Zealand, where the Property Relations Act of 1976 established a presumption of equal sharing at the time of dissolution, and specifically provided that financial contribution was not to be treated as weightier than non-financial contribution. In numerous judgments interpreting the Property Relations Act, the New Zealand courts have interpreted it with a view towards fulfilling the statutory purpose of achieving the “equal status of women in society”, holding, for example, that wherever the provisions of the Act were ambiguous, the default presumption would be in favour of the property being matrimonial/joint (and therefore, subject to equal division).
The judgment in MW v AN is important, as it essentially restores the position of the default equality rule where there is evidence of “non-monetary contribution”.
Indeed, Justice Matheka’s language is also remarkably similar to a 1992 judgment of the Colombian Constitutional Court. In Sentencia No. T-494/1992, the Constitutional Court was considering the eviction of a widow from the matrimonial home; the widow’s non-monetary contributions had not been taken into account in determining whether or not she had a legal interest in the home. The Constitutional Court noted that such a position would have the effect of “invisiblising” domestic work, and deepening inequalities within social relations. The court went on to question the “artificial” distinction between “productive” and “non-productive work”, and noted that refusal to factor in unpaid domestic work would violate the Colombian Constitution’s guarantee of equality and non-discrimination.
The judgment of the Kenyan High Court, thus, joins a global constitutional conversation of how institutional inequalities within the family may be judicially redressed; and it also, I submit, advances the goals of Article 45(3) – itself a fascinating constitutional provision. For these reasons, it deserves careful study by students of comparative constitutional law.
The False Narratives That Stand in the Way of Our Future
Science vs the arts is a false dichotomy. We must intertwine our artistic skills with our scientific insights to invent our future.
Over the last few years, I have come to understand at least three narratives that some Kenyans use to wish away the contradictions of the Kenyan state. No matter how much such Kenyans are presented with evidence of changing times or with history that gives a different perspective, they will repeat these narratives louder to drown out the other voices.
Behind all these narratives lies an effort to wish away the fragmentation of the people by the Kenyan state. But, more than that, these narratives are protected by the curriculum of the public schools which does not allow the teaching of the arts, and particularly the teaching of history. Kenyans are thus denied the opportunity to develop their intellectual capacity to understand not just the limitations of the Kenya state, but to understand the reality of the world in the 21st century.
These narratives are: Social issues such as crime, truancy and drug abuse afflict young men due to the neglect of the “boy child” (by whom, it is never clear), which in turn is due to advocacy for girls by Western feminists; Tanzania is communist and Kenya is capitalist; more Kenyan students need to study the sciences because that’s what the job market needs.
The boy child
Kenyans use the narrative of the neglect of the boy child to deflect questions that affect mostly poor young men, such as police brutality against men, the flawed masculinity promoted by the Kenyan male elite, and the culture of rape that is not only sexual but also financial, intellectual and environmental. By avoiding such analysis, we evade acknowledging that although Kenyan men dominate property ownership and positions of power, those men belong to a socio-economic minority.
Not dealing with the interaction between gender and class allows us to cling to the hope that manhood can be a ticket for all Kenyan men to gain same access to the wealth and power enjoyed by the ruling class. The reality is, though, that this model of the state cannot accommodate more than a minority with that much wealth and power. But rather than dismantle this exploitation, Kenyans would rather blame girls. Imagine that. We adults are blaming children for our failure to establish an equitable society.
This distraction of Kenyans from the inequality of the state is further integrated with race through Kenyans’ focus on Western feminism. Ironically though, the goal of Western feminism is exactly that: to silence questions about the Eurocentric global system and instead simply negotiate white women’s place in it. And this argument has been made for decades by scholars like Micere Mugo, Oyeronke Oyewumi, Ifi Amadiume and Amina Mama, while men such as Ousmane Sembene and Thomas Sankara have tied women’s freedom to African freedom as a whole. However, Kenyan education is grossly Eurocentric. Many graduate students have never heard of these names, and what many Kenyans know of feminism is what they read from white American evangelicals, whose thoughts are shared every Sunday on many Kenyan pulpits.
The narrative of communist Tanzania vs. capitalist Kenya is equally twisted, especially when one remembers that the Berlin Wall fell twenty-seven years ago and the Soviet Union collapsed twenty-five years ago. However, holding onto this myth serves a purpose: it helps us avoid asking questions about our country’s internal exploitation and poor foreign policy choices. The narrative also comforts a certain superiority complex that is rooted in eurocentrism. We think we’re better than Tanzanians because we’re richer. However, we forget that the “we” who are richer are a minority of Kenyans, all thanks to tribalism, which enables us to “share” in the wealth of the privileged few in our respective ethnic groups. In tribalist thinking, kumeza mate ndiko kula nyama, to swallow saliva is to eat meat.
We can also avoid the reality that Tanzania may have a point in questioning the Economic Partnership Agreement (EPA) that Kenya has enthusiastically signed with the European Union. Already, there are credible voices, like former president Benjamin Mkapa and scholar Horace Campbell, indicating that the EPA will benefit only the flower industry (whose members include colonial settlers), and will take the rest of Kenya to the cleaners. But instead of us asking whether our own government signed the EPA agreement in the interests of the Kenyan people, it is easier to dismiss Tanzania as “communist” and “cold” towards Kenya.
We have also not come to terms with the history of Kenya’s anti-African foreign policy choices since independence. In word, Kenya publicly declared opposition to apartheid, but in deed, Kenya did not support the ANC and was, in fact, trading with apartheid South Africa. Tanzania, on the other hand, was a base for the ANC. A similar thing happened with the genocide against the Tutsi in Rwanda. As Tanzania welcomed Rwandan refugees, Kenya was home to the rich génocidaires (President Juvenal Habyarimana’s wife was one of those who fled to Europe through Kenya). At the height of the killings, Kenya sent a planeload of Tutsi refugees back to Rwanda. What happened to those refugees is anyone’s guess.
Education: Science vs. arts
In the war against the arts, the narrative of science vs. the arts deflects responsibility for a crawling economy from the leaders to the people. If graduates are jobless, the narrative implies, it is because the graduates are studying the wrong subjects in school, not because the greed and stupidity of the Kenyan ruling class has been an obstacle to the economy expanding to accommodate all talents and professions. That is why the truth that medical and engineering graduates are not getting employed, and the few who do find work are not getting paid, has not yet entrenched itself in public conversations about careers in the sciences.
The problem is that this narrative against arts education is stuck in the industrial era (yes, the 19th century in the West, not Africa), where the governments and industries expected mass education to produce workers for factories. The world has since moved on to the information age, where the automation of knowledge by computers means that “progress” is determined by access to information. And experts are now talking of a conceptual age where what counts is not only information, but also the ability to use it creatively, otherwise called innovation.
In the war against the arts, the narrative of science vs. the arts deflects responsibility for a crawling economy from the leaders to the people.
The division between arts and sciences is traumatizing, even to the individual learner. I remember our frustration as form five students being forced to choose between sciences and arts. A number of us actually loved mathematics and scored distinctions in O levels, but we were told that if we did mathematics we had to do biology, chemistry or physics, in which we were not interested. Can you imagine what innovations would have come out of my generation had we been allowed to do both arts and science, even at university?
What this means is that the whole science vs. arts narrative is literally useless. And yet, the Jubilee government has entrenched this schism, with the Education Cabinet Secretary and his boss, the Deputy President, attacking arts programmes as irrelevant to the country’s needs. As if that is not bad enough, the proposed new curriculum talks of separating schools into “talent” and “technical” schools.
This country does not need to widen this schism in knowledge but to narrow it, so that our youth learn to combine data and information with creativity, and in so doing, craft solutions at both the macro and micro level. Kenyan students should be able to do mathematics and linguistics, or music and physics, agriculture and fine art, or history of the sciences, if they so wish. But instead of bridging this gap, the government is stuck in the 60s, when it saw science and arts as opposite poles.
Worse, the government is basing this division on the equally archaic idea of the job market that belongs to the days of independence. In those days, the government was so desperate for Africans to fill the posts left behind by colonialists that people were guaranteed jobs even after primary school, and they would rise up the ranks in those careers and then retire. But that era no longer exists. These days, a growing proportion of people are in careers different from the ones for which they were trained, and are likely to have changed jobs at least four times before they retire. The job market is no longer the same. What we need is a critical and creative reflection on what these changing times mean for education.
Dealing with our contradictions
We Kenyans need to stop hiding behind dated narratives of colonial tribalism and the Cold War and develop the guts to confront the good, the bad and the ugly of our history and our national consciousness. We must not shy away from asking ourselves difficult questions about what colonialism actually did to us, how that colonialism is deeply embedded in the current political culture, and how that exploitation is masculinized and transmitted through the education system. We can get the facts about our oppression from science and the social sciences. But we can only face the accompanying dread and implications for social change through the arts.
Experts are now talking of a conceptual age where what counts is not only information, but also the ability to use it creatively, otherwise called innovation.
We also must realize that the reason successive Kenya governments have deliberately discouraged us from learning the arts, and particularly the history of Kenya and of the African continent, is not because they are concerned with development needs. The political class does not want us to understand the reality that we the people are slaving away to enrich a minority.
The schisms that divide Kenyans from each other along ethnicity and gender, or separate Kenyans from their neighbours, or delude us that our professions have no link to our talents, all serve to prevent us from making connections across time, space and cultures. We understand our realities only with a healthy dose of the arts, and we can only craft solutions by weaving our creativity with the tools of science and all the knowledge available to humankind.
We must therefore reject these narratives that fragment the Kenyan psyche along gender, ethnicity, religious and professional lines. Let us choose to uproot patriarchy, misogyny and religious bigotry, to understand our continental history, and to intertwine our artistic skills with our scientific insights. Only then can we, as Thomas Sankara said, dare to invent the future.
I Write What I Like: Steve Biko’s Legacy of Black Consciousness and Anti-Capitalism Revisited
Continuing our look at the life of Steve Biko, Heike Becker writes about two extraordinary events.
In 2015 students at South African universities rose up in a mass revolt. Young women and men born after the end of apartheid in 1994 demanded free education; they forcefully insisted that tuition fees be scrapped, and also that the contents, methodologies and academic teachers reflect the post-apartheid ‘free’ South Africa.
In the new student movements the legacy of Steve Biko, who was murdered by the apartheid regime on 12 September 1977 became important again. Young students regarded Biko’s call to autonomous Black action as still relevant for contemporary South Africa. Black Consciousness philosophy gained significance again when students insisted upon the reform of curricula, which they said conveyed racist and colonialist forms of knowledge and ignored, even scorned African intellectual experience. Calls on black people to first free their own minds, become conscious of their own, and each other’s conditions and work together to change the material conditions of black students have been the guiding principles of the new South African student movements as they were for the generation of the 1970s.
A brush with the police: Biko’s early politicisation
Stephen Bantu (Steve) Biko was born in what is today the Eastern Cape province of South Africa on 18 December 1946. His father worked as a policeman, and later as a clerk in the King William’s Town Native Affairs office. He was also enrolled for legal studies at the University of South Africa (UNISA), the distance-learning university. Steve’s father died suddenly in 1950, when Steve was four years old. His mother subsequently raised the children on her own, working as a cook at a local hospital.
In 1962 Steve started his senior secondary schooling at the famous mission educational insitutiton in the Eastern Cape, Lovedale college, where his elder brother Khaya was already a student. Khaya, who was politically active with the Pan Africanist Congress (PAC), became a major influence on Steve’s introduction to resistance and liberation politics. A few months into Steve’s studies at Lovedale the Biko brothers were taken into custody by the police. Khaya, who was suspected of being involved with Poqo, the armed wing of the PAC, was charged and sentenced to two years imprisonment, with 15 months suspended. Steve was interrogated by the police and though released he was subsequently expelled from the school after only attending it for three months.
Though he was forced to return home he continued going to classes at Lovedale, where he became friends with Barney Pityana, at the time a student at the school. This friendship became significant in the formation of the Black Consciousness movement, and especially the South African Student Organisation (SASO).
Black Consciousness ideology and the formation of SASO
SASO arose out of profound revolts against apartheid and institutional racism, which spread across South African universities from the mid-1960s. In 1968 at Fort Hare, a fairly independent black institution for higher education, students boycotted the installation of the new rector Johannes Marthinus de Wet, a member of the Afrikaner broederbond (a secret society of male white nationalists). Later in the year the university was closed and 23 students, among them Barney Pityana were not allowed to come back. Significantly, a new organisation of student protest arose in the very last days of 1968 when SASO was founded during a meeting, exclusively attended by black students. This event took place at Mariannhill, a Catholic mission west of Durban, and the site of St. Francis College, a coeducational independent secondary school, which was the alma mater of Biko, from which he had matriculated with very good grades in 1965 and subsequently taken up studies at the ‘non-European’ medical school of the University of Natal. Biko became the new organisation’s first President when SASO was officially inaugurated at the Turfloop campus of the University of the North (UNIN) in July of the following year.
The developments that led to the formation of SASO need to be understood in the politics of South Africa’s 1968 moment, a reinvention of the politics of protest. The late 1960s and early 1970s saw the emergence of new repertoires of resistance in student protests. Yet SASO’s formation was also due to the complex relations of black students with the country’s long-existing national student organisation NUSAS (National Union of South African Students). NUSAS, which had been founded in 1924, was open to students of all races.
At the ‘black’ universities which had been established as apartheid institutions in the early 1960s small numbers of students joined NUSAS, and at some institutions battles took place for permission to form autonomous Student Representative Councils (SRC) and to affiliate to NUSAS. Yet there also was frustration about racist tendencies within the student association. At issue was that NUSAS despite its multiracial membership was essentially dominated and controlled by white students.
In 1968 Biko and others thus formed SASO, which for political reasons offered membership to students of all ‘black’ sections of the population, which included those assigned to the apartheid categories of ‘African’, ‘Coloured’ and ‘Indian’. In 1971 the SASO Policy Manifesto set out the Black Consciousness doctrine.
On the organisational level, the SASO activists held that to avoid domination by white ‘liberals’ black people had to organise independently. In 1970 Biko wrote in the SASO Newsletter, suggestively signing as ‘Frank Talk’:
The role of the white liberal in the black man’s history in South Africa is a curious one. Very few black organisations were not under white direction. True to their image, the white liberals always knew what was good for the blacks and told them so…
Nowhere is the arrogance of the liberal ideology demonstrated so well as in their insistence that the problems of the country can only be solved by a bilateral approach involving both black and white. This has, by and large, come to be taken in all seriousness as the modus operandi in South Africa by all those who claim they would like a change in the status quo. Hence the multiracial political organisations and parties and the ‘nonracial’ student organisations, all of which insist on integration not only as an end goal but also as a means.
Black Consciousness as SASO’s official ideology was profoundly influenced by the SASO leadership’s reading of Frantz Fanon, particularly the militant philosopher’s Black Skin, White Masks and the African-American Black Power movement. In the early years the focus was on the psychological empowerment of black people; they believed that black people needed to rid themselves of any sense of racial inferiority, an idea they expressed by popularizing the slogan ‘black is beautiful’. As early as 1971, the SASO leadership discussed proposals to cast off the students-only attitude, including the formation of a Black Workers’ Council (later renamed the Black Workers Project) and launched the Black People’s Convention (BPC), a new political movement that would soon run alongside SASO. Practically the activists organised Black Community Programmes (BCPs).
In the early years of its existence, the all-black SASO was allowed space to grow at the black universities, in part because the government regarded the separate black student association and its emphasis on largely psychological-oriented black consciousness as quite compatible with the apartheid ideology. They were to learn soon that SASO, and more generally the ‘black conscious movement’ that Biko promoted, posed a major threat to the regime. But by the time that SASO began to be more active in political campaigns, from about 1972 onwards, the organisation had established already firm structural roots, which made it difficult for the government to entirely suppress it.
An early example of the dialectics of repression and radicalised politicization included the 1972 student protests at ‘Turfloop’ after the Student Representative Council (SRC) President, Onkgopotse Tiro, was expelled after speaking out against Bantu education during a graduation ceremony at the university. 1974 became a crucial year. In January SASO officially condemned the presence of the Apartheid forces in Namibia; the organisation also reaffirmed the non-collaboration stance of the Black Consciousness Movement and condemned the Bantustan leaders. In September of the same year a rally celebrated the ascension of FRELIMO (the Mozambican liberation movement under the leadership of Samora Machel) into power in Mozambique was held despite the refusal to grant permission for the action.
Repression followed suit. Eighty SASO and BPC leaders were detained without trial for their support of the pro-FRELIMO rally and during the following year tried at the Supreme Court in Pretoria, eventually in 1976 they were sentenced and incarcerated on Robben Island. In 1974 SASO was listed as one of the affected organisation under the Affected Organisation Act of 1974. This prohibited it from receiving foreign funding to pursue its objectives. In July 1975 SASO held its annual conference under very difficult conditions. Only one member of the executive committee could attend the meeting. The rest of the executive members were either banned or had been arrested. Finally in October 1977, SASO and other Black Consciousness organisations were banned under the Internal Security Act. The most brutal example of repression of course was the murder of Steve Biko while in detention in September 1977.
The ‘Durban Moment’
As South African student politics radicalised, the protests initially confined to university politics grew beyond campus concerns; they became instrumental in laying the grounds for the new black trade unions that emerged in the 1970s. In some instances, black and white students, and a few younger, radical academics, worked together in these new-left politics. Radical academics were involved particularly in the efforts around strikes and black labour unions. The connection between students, radical academics, workers and other marginalised social groups becomes brilliantly apparent in the ‘Durban moment’, probably the most significant political development ensuing from South Africa’s 1968. The ‘Durban moment’ is often regarded as the beginning of the new wave of resistance that led to the Soweto uprising, the massive uprisings of the 1980s and eventually the demise of the regime.
Early 1973 saw a massive strike wave in the port town of Durban. By the end of March 1973, almost 100,000, mainly African workers, approximately half of the entire African workers employed in Durban, had come out on strike. Through songs and marches, workers made their demands heard – the first public mass action since the political activism of the 1950s. This was political action, and also more immediately a labour revolt; workers exercised the power of factory-based mass action.
What looked like spontaneous strikes, originated in a complex mix: low wages, the humiliation of pass laws and racism, the hardship of migrant labour, forced removals, and significantly the denial of black workers’ right to organize. The strikes signalled the growth of militant non-racial trade unionism, and in a wider sense a revived spirit of rebellion in the country.
There were links between the eruption of workers’ action and the underground liberation movements; the resurgence of Marxist thinking among a new generation came into play. There was however also, though this has sometimes been denied, decisive influence of the recently emerged Black Consciousness movements’ ideas. Of special importance was the links between activist intellectuals, who in different ways embodied South Africa’s 1968 moment, thinking in new ideological perspectives, and having tried out new methods of activism. Most significant here was the special political alliance, intellectual and personal friendship between Steve Biko and Richard (‘Rick’) Turner, a lecturer in political philosophy at the University of Natal, who held a doctorate on the political works of Jean-Paul Sartre, which he had completed at the Sorbonne in Paris. In the early 1970s Turner was a researcher into labour issues, and a community and labour organiser in Durban, deeply influenced by the French Left, including Althusserian readings of Marxism.
Turner’s and Biko’s philosophical and political ideas significantly shaped the massive strikes in Durban in the early 1970s and continued to impact on the resistance movement against apartheid in different ways throughout the 1980s. Biko’s radical emancipatory Black Consciousness ideology in conversation with Turner’s anti-capitalist notion of ‘participatory democracy’ provided a brief glimpse into the possibilities of another South Africa.
The murder of Biko while in police detention in September 1977, and the assassination of Turner a few months later, in January 1978 at his home in Durban were devastating for their families, friends and comrades. They were shattering too for the country’s politics of resistance, closing off new non-authoritarian radical forms of resistance. Biko’s (and Turner’s) imaginative power and creativity, and their reflection on alternatives to apartheid beyond the management of the state by the liberation movement in power remains a tremendous inspiration.
This article was first published in the Review of African political Economy (ROAPE).
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