Several correspondents of mine have suggested that it makes a nice and welcome change that something this big, this bad, this scary and this seemingly predictable is not coming out of Africa. ‘This’ and ’it’ being, of course, the all-encompassing and still evolving phenomenon of Covid-19 or coronavirus, which ROAPE has been covering in the journal and online. And with good reason for, as others have already observed, the time of coronavirus is not just leaving an indelible mark on the year 2020 but might well be transforming neoliberal capitalism in previously unimaginable ways. The virus continues its inexorable advance and, having taken some time to reach Africa from Europe and Asia, has spread rapidly since its reported arrival in mid-February, with confirmed cases numbering some 4300 people spread across (African Arguments 2020), and more than 9000 people in (ACSS 2020). As elsewhere, increasing infection numbers (and, sometimes, rates), imploding economies and disrupted social interactions have fuelled mutually reinforcing health and economic crises, precipitating sometimes.
And this despite, or sometimes because of, high-level policy and other discussions about, and adoption of, frequently exceptional measures which aim to slow the transmission and spread of the virus and prevent the worsening of what is already considered by many as a global crisis of unprecedented threat, impact and uncertainty In the process, as Bird and Ironstone note, ‘[p]ower structures are being radically re-arranged in our societ[ies] right now and if we lose our capacity to criticize the future may be beset by new, even more damning ones.’
It is thus vital that Theophanidis clarifies that his call for ‘distancing’ aims to create space for critical thinking and careful reflection, notably in a context in which digital, mostly social, media connectivity is helping to counter the isolation of ‘physical social distancing’. As numerous and varied examples of radical digital activism and solidarity which have emerged demonstrate, it would be regrettable if far-reaching lessons were not learned from crises precipitated by the pandemic and the varied responses to them.
Does Covid-19 discriminate?
Available data on age–sex distribution of confirmed cases for the WHO African Region indicate that, overall, older men would appear to be disproportionately affected by Covid-19 with a preponderance of males (1.7:1 male-to-female infection ratio) across all age groups and a median age of 36 years (range of 0–105). Further instances of disproportionate impact based on religion, class, occupation or ethnicity will no doubt emerge in time, notably as readily available details on the demographics of coronavirus victims extend beyond the fundamentals of age, sex, nationality, residence and travel history. In the UK and USA, of course, such metrics have been invaluable in identifying the overrepresentation of Black, Asian and Minority Ethnic (BAME) health and care workers and volunteers among coronavirus fatalities. Similar racial and ethnic disparities characterise wider BAME community and hospital in-patient infection and death data from coronavirus, with black people (four times), Bangladeshi and Pakistani (three and a half times) and Indians (two and a half times) more likely to succumb to Covid-19 than white people in England and Wales. The phenomenon has attracted extensive media and other coverage which has focused on health inequalities and risk factors, deprivation, affluence and racial discrimination, and in the absence of acceptable causal explanations for the overrepresentation.
But it has been left to organised labour and popular mobilisation to extract hard-won concessions from state actors and the public–private healthcare complex to institute an official enquiry, provide adequate supplies of personal protective equipment (PPE) for frontline health, care and allied workers and expand coronavirus testing opportunities for these workers and their families (NHS Confederation 2020). Special compensation programmes for families of NHS staff (and, in England, social care workers) who die from coronavirus have also been announced, although the level of compensation is considered inadequate by some, and labour unions, among others, have called for the scheme to be extended to cover all key workers who die from the disease.
And yet, as tardy, reluctant, inadequate and reactive as these state interventions have undoubtedly been, it is social mobilisations which have ‘forced the state to take on its responsibilities’. These have included medical professionals and cross-party campaign MPs ‘breaking silence’ over Covid-19’s disproportionate impact on particular sections of society, which itself speaks to the promise of social action and emancipatory politics in influencing (post-) Covid-19 politics and realities.
But as the coronavirus BAME casualties and fatalities include Africans and people of African descent whose remittances are often integral to the livelihoods and survival strategies of family at home, their existential struggles have not been lost on Africans at home and in the diaspora. Indeed, as social media exchanges were quick to indicate, for countries like Sierra Leone and Zimbabwe, among others, the earliest known coronavirus deaths were of their (often dual) nationals in the diaspora rather than at home, where the continent’s first fatality was a German tourist in Egypt. For many, family, friends, colleagues and casual acquaintances would eventually succumb to the virus, in my case across three continents.
Thus one of my acquaintances regretted what he saw as a ‘lamentable waste’ of African medical and health expertise which was going to be both sorely needed and badly missed on the continent, if the worst predictions of Covid-19 were ever realised. A second drew a comparison between these coronavirus deaths and the often tragic demise of undocumented migrants along trans-Saharan and Mediterranean routes to Europe, suggesting that both groups had paid the ultimate price in their respective attempts to escape the poverty of opportunity in Africa.
These have included medical professionals and cross-party campaign MPs ‘breaking silence’ over Covid-19’s disproportionate impact on particular sections of society, which itself speaks to the promise of social action and emancipatory politics in influencing (post-)Covid-19 politics and realities
Meanwhile, in Zimbabwe, frontline medical staff followed up on a protest strike which had been observed jointly by the Hospital Doctors Association (ZHDA) and Professional Nurses Union (ZPNU) in mid-March to highlight the shortage of PPE for health workers in the country’s hospitals. The Zimbabwe Association of Doctors for Human Rights (ZADHR) sued the government in the High Court in early April to compel it to provide adequate equipment and supplies to enable frontline medical practitioners and healthcare workers to tackle the Covid-19 crisis safely and professionally and, in the process, to significantly improve public access to functioning quarantine and isolation facilities.
Similar protests have been widespread across the continent, many representing a continuation of long-running dissatisfaction with public health provision predating coronavirus. In one of the more recent of these, coronavirus frontline workers in Sierra Leone who announced they were going on strike in early June were joined at the start of July by doctors refusing to treat coronavirus patients in quarantine or isolation facilities in protesting government failure to pay outstanding bonuses, ‘hazard pay’, promised as incentive to persuade health workers to agree to treat Covid-19 patients during the outbreak, often with inadequate PPE, diagnostic and therapeutic equipment and supplies.
Thus, a government with the foresight and presence of mind to draw up a Covid-19 response plan before the outbreak of the pandemic, and probably earlier than anybody else on the continent, stands accused of not only reneging on the memorandum of understanding (MOU) signed in April with the Sierra Leone Medical and Dental Association (SLMDA) to facilitate this Covid-19 response, but also of failing to renew the MOU before it lapsed three months later (Inveen 2020a). Recalling that disasters like pandemics are influenced by human ‘decisions, attitudes, values, behaviour, and activities’ one cannot but wonder whether there is indeed merit to the SLMDA’s claim that the government does not appear to be particularly interested in resolving the dispute, and if so what the political reasoning behind such a choice might be.
Protests have been widespread across the continent, many representing a continuation of long-running dissatisfaction with public health provision predating coronavirus
Clearly, the ZHDA/ZPNU, SLMDA and NHS struggles share more than just a generic similarity. There are recognisably Zimbabwean and Sierra Leonean names on published lists of NHS and care worker coronavirus fatalities. And in all three cases, albeit in noticeably different ways, the struggle to pressure the state to assume its responsibility in relation to public health and wellbeing is rooted in austerity, long predates Covid-19 and is fuelled by perceptions of official inefficiency, neglect and corruption. In addition, as recent SARS and Ebola epidemics have shown, potential risks and opportunities for corruption are significantly increased during major health crises, most commonly in drug and equipment procurement, leading to calls for increased oversight, accountability and transparency during the coronavirus pandemic
Thus, a major grievance of the SLMDA, for example, is a perceived ‘misuse of funds for the coronavirus response’, a reaction to official procurement priorities which have seen 20% of Sierra Leone’s total coronavirus budget being spent on new SUVs and motorbikes, with only a tenth as much on medical equipment or drugs, leaving PPE in constant short supply and contact tracers seemingly unaffordable. The national Coronavirus Response Team, for its part, justifies the delay in disbursing promised bonuses by citing the necessity to both establish the identity of frontline health workers and ensure that hazard pay went only to those entitled to receive it But as improperly disbursed hazard pay was one of several examples of mismanagement of funds by public officials during the Ebola crisis with its high health worker mortality rates SLMDA impatience and suspicion do not appear entirely unfounded. And, at nearly 11%, Sierra Leone’s ratio of health worker infection to total reported infections is among the highest on the continent.
Meanwhile, Zimbabwean health professionals have also embarked on the latest in a series of strikes, partly to protest at the erosion of local purchasing power and living standards by hyperinflation and demand payment of their salaries in US dollars, but also to highlight both police harassment of striking nurses and the perennial shortage of PPE at a time of rising incidence of Covid-19.
But whereas SLMDA appear to be contending with seemingly misplaced procurement priorities, their Zimbabwean counterparts are confronted with alleged criminality, which has seen the sacking of the country’s minister of health, who has also been charged with corruption and abuse of office for the illegal award of a large contract (since revoked by government) for PPE, testing kits and drugs to a company which would deliver these supplies at hugely inflated cost.
The combination of a worsening economic crisis and sharply increasing coronavirus infection totals (including of health workers) has seen opposition politicians make common cause with the media and popular forces to decry corruption and demand greater accountability, while calling for a national day of protest against ‘corruption and political challenges’ at the end of July.
The authorities refused permission for the 31 July protests to take place, on the grounds that it would be subversive, unconstitutional and anti-democratic (BBC 2020d), as well as violating Covid-19 pandemic regulations at a time when there has been a spike in coronavirus infections. As a result, they claimed, a dusk-to-dawn curfew and tighter restrictions on movement had to be imposed.
It is presumably also in the common good that leading organisers/supporters of the proposed protest have been arrested, charged to court and refused bail.The example of state officials rewriting coronavirus reality to suit a favoured narrative is a recurrent and intensely political one, to which we return later.
Philanthro-capitalism in coronavirus times
An earlier prolonged doctors’ strike over pay and conditions in Zimbabwe had been called off only in January this year, when the ZHDA accepted an offer of funding for a fellowship programme for its members which would guarantee a monthly subsistence allowance of up to three times their salary for a period of six months from Strive Masiyiwa, the country’s wealthiest individual.
Following the PPE protests in March, funding to cover the cost of PPE for doctors and other health workers was added to the original offer, which was also extended to all nurses, as well as doctors in non-state hospitals, and expanded to include health and life insurance cover with cash or lump-sum benefit in the event of ‘hospitali[sation], … permanent disability or death from the virus’. Although he is Zimbabwean born, Strive Masiyiwa presides over his Econet Group from London, where he currently lives and from where he has undoubtedly been monitoring the wide variety of local responses to the pandemic worldwide, or at least in those world regions in which Econet has a presence.
But while nothing in the way of private donations to Sierra Leone’s coronavirus response effort is likely to have come anywhere near the sums certain to have been involved above, reports from Nigeria indicate that Masiyiwa’s fellow billionaires have also been making substantial donations to the (federal) Nigerian Private Sector Coalition Against COVID-19 (CACOVID) and their state equivalents, as have corporate entities (often fronted by the same individuals). Is it likely, then, that we might have a case of transnational capital ostensibly contesting state in/action as part of a wider coalition while still acting in its own long-term interest?
Masiyiwa’s conglomerate Econet, for example, combines telecom, mobile phone, fintech and power distribution enterprises which operate across large parts of Africa, but also in the Americas, Asia Pacific, Middle East and Europe. The funding/fellowship programme for health workers is to be established and run by the Higherlife philanthropic family foundation, while Ecosure, the insurance arm of one of the Econet Group companies, will underwrite the insurance component of the offer.
Similarly, Nigerian media reporting of the private coronavirus response donations by individuals and corporate entities gives as much prominence to the identities of donors and their net worth as to the size/purpose of their donations and sources of wealth, thereby fulfilling invaluable public relations and/or corporate social responsibility (CSR) functions, as well as playing a commercial advertising role. Consequently, while donor state of origin or residence tends to be the primary beneficiary of private philanthropy, corporate donations often favour populations and institutions in states and regions of direct commercial importance. Thus Aliko Dangote, Africa’s richest individual, has provided a fully-equipped and staffed Covid-19 testing facility, as well as part-funding a wide range of vital public interventions in coronavirus prevention and containment via private and corporate donations in his home state of Kano (and, to a lesser extent, Lagos State, where the Dangote Industries group has its head office).
He also assumed shared national leadership of CACOVID’s quest to raise funds from private and corporate sources for federal and state Covid-19 response; and, by making the largest corporate donation to the fund to date via the Aliko Dangote Foundation (ADF), triggered something of a ‘giving war’ of donations and pledges among his fellow billionaire donors. He also made a further multi-million-dollar donation to the Nigeria UN COVID-19 Basket Fund which aims to provide support to individuals and households trying to rebuild livelihoods disrupted and/or undermined by the coronavirus pandemic.
In the end he and his fellow donors are publicly thanked by President Muhammadu Buhari (who encourages other high-net-worth individuals – HNWIs – to follow their example). Dangote is also thanked by the governor of Kano State for his services to coronavirus prevention and response, with which his name becomes inextricably linked in media reports, which almost invariably also mention his equally sterling contributions during the earlier Ebola epidemic. Like Strive Masiyiwa, with whom he earlier collaborated on regional and continent-wide Ebola response efforts, then, this enhances his reputation as one of Africa’s biggest philanthropists and, as CEO of ‘Nigeria’s most profitable company’ (Augie 2020), one of the continent’s most successful business people. Is this what capitalist philanthropy in a time of coronavirus looks like? And is it as accommodating in its business practices as it is in its public giving?
Zimbabwean health professionals have also embarked on the latest in a series of strikes, partly to protest at the erosion of local purchasing power and living standards by hyperinflation and demand payment of their salaries in US dollars, but also to highlight both police harassment of striking nurses and the perennial shortage of PPE at a time of rising incidence of Covid-19.
While philanthropy is not restricted to wealthy individuals and profitable corporations, their role can be strategic and decisive. UBS and TrustAfrica (2014), in a jointly published study, document and seek to analyse how and why this is the case for African philanthropists/philanthropy during ‘normal’ times. But as the Dangote and Masiyiwa examples and numerous others like them illustrate, this is also largely the case during the ongoing Covid-19 pandemic, with its varied, changing and often expanding demands/appeals and frequently inadequate – if improving – philanthropic responses (Julien 2020). Experience with previous epidemics and pandemics, supplemented by emerging insights from Covid-19, have informed the design and implementation of emergency coronavirus plans and strategies worldwide, including for dealing with voluntarism and managing donations (Alexander 2020). In emergency coronavirus planning scenarios, responsibility for external donations and government/state resource commitments is routinely combined with administrative oversight for internal donations of various kinds.
In practice, this creates a pressing, possibly overwhelming, need to coordinate appeals for assistance while managing a diversity of resources earmarked for coronavirus response in an accountable and transparent way (Transparency International 2020). Notably, the circumstances surrounding the previously mentioned sacking of Zimbabwe’s minister of health, and ongoing legal and media challenges to UK government officials against the lack of transparent and competitive tendering in the award of Covid-19 related contracts (Monbiot 2020) remind us that expectations of resource governance, transparency and accountability are not just ethical and moral, but frequently political and legal too.
And that, like the good governance agenda as a whole, these expectations can be heavily neoliberal in tone and intent, and as process. Significantly, however, expectations of transparency and accountability in how donations are managed or used have not historically been routinely extended to how the wealth which makes corporate and HNWI Covid-19 philanthropy possible is generated in the first place. How best to explain such imbalances in what has been described as the power of process and practice in philanthropy (Mahomed and Moyo 2013)? And how best to prevent its use in, say, ‘offset[ing] reputational damage or exploitative practice’ (Mahomed 2014)?
The point is that African philanthropy is increasingly seen as indispensable to the emergence of a self-reliant continent, with corporate philanthropists looking to strengthen links between business and philanthropy, considering ‘investments with a social impact’ a suitable means for achieving this. Aliko Dangote Foundation and Higherlife Foundation, for example, thus function as CSR units of Dangote Industries Ltd and Econet, respectively. Their donations or pledges in both cash and kind undoubtedly give a significant boost to the overall coronavirus response effort, to include staff recruitment, training and remuneration. Equally, and particularly noticeably, they also impact directly on local and import markets in specialised medical equipment and supplies, as well as in two- and four-wheeled motor vehicles, among other commodities. Yet, these markets might well be dominated by manufacturers and/or intermediary suppliers which are subsidiaries of corporate partner organisations to the charity foundations through which philanthropy is dispensed by conglomerates in the first place.
More directly, how have corporate philanthropists reacted to the disruptive effects of Covid-19 and the varied responses to it on the factory floor, behind the bank counter, at the plantation gate and in front of the computer screen? Specifically, were business practices adequately adjusted to reflect the new normal in a time of coronavirus? Did they readily and effectively incorporate workplace Covid-19 preparedness planning and response strategies, including testing facilities where appropriate? Were adequate supplies of PPE, relevant equipment, water, soap, sanitisers, etc. made available to employees? And where, as with several of the corporate donors in question, their businesses operate across national boundaries, were common standards maintained across the board or did arrangements differ between ‘home’ and ‘foreign’ sites and workforces (and, if so, why and with what consequences for workers)? Overall, do philanthro-capitalists lead by example here in a way reminiscent of their public giving and pledging? As Mahomed (2014) notes, ‘the ethics of how philanthropy money is made (especially if made in an endeavour that disadvantages those it now seeks to support) must be called into question.’ That we are in the middle of a pandemic is no reason not to at least raise the question of the often differentiated nature of the process by which donated wealth is made or, indeed, of how coronavirus has been (or is likely to be) exploited for capitalist investment and profit accumulation.
But the lesson of Covid-19 need not involve either depoliticising philanthropy (it has after all contributed actively to the long-term process of privatising and commercialising formerly public health systems on the continent) or underestimating the complex dynamics of emergent solidarity between often conflicting and competing class interests. Take the following two parallel and competing but interrelated phenomena. On the one hand we had Donald Trump’s largely futile attempts to encourage wider use of the labels ‘Wuhan Virus’ and ‘Chinese Virus’; his still unfounded but periodically repeated claim that SARS-CoV-2 was developed in a Wuhan laboratory; his insistence that the WHO is so severely compromised by links to China that its handling of the pandemic was tardy, grossly inadequate and ineffective, as well as lacking transparency; and his threat to withhold American funding for the organisation – a political stance which has not won widespread or unqualified support from other major WHO donors who have publicly supported the agency and its director-general, if not necessarily China’s reported handling of the initial stages of the virus outbreak.
On the other hand, there are official Chinese state objections, denials and counter-accusations; and the skilful ‘weaponisation’ of the material and symbolic significance of its carefully cultivated (self-)image of generosity to, and solidarity with the world’s needy and oppressed, particularly in coronavirus times. So, alongside Chinese government support in cash, kind and personnel provided to selected African and other countries under threat from coronavirus, we also have worldwide donations of medical equipment and supplies in support of Covid-19 response efforts by private philanthropic foundations linked to Jack Ma, China’s wealthiest man, and member of the Chinese Communist Party.
Ma’s corporate philanthropy has extended to donations to New York authorities and the WHO in the wake of Trump’s de-funding threat, as well as to all of Africa, and has included an online training manual for clinical treatment of coronavirus based on first-hand experience of doctors in Zhejiang and the Global MediXchange for Combating Covid-19 programme with its International Medical Expert Communication Platform. But while Jack Ma’s donations have been widely celebrated in Africa as promptly and efficiently delivered, Chinese government donations have not been universally welcome, partly because of reported poor quality and questionable reliability of donated supplies and equipment.
Ma’s philanthropy has made him as newsworthy at home and abroad as President Xi Jinping and the Chinese Communist Party leadership, who see Chinese state and private Covid-19 philanthropy as part of a wider coronavirus diplomatic strategy designed to distract attention from Chinese state contribution to the initial ‘escape’ or spread of the virus, while positioning their country as champion of the fight against the pandemic. This assumes heightened significance in places like Europe and Africa where, in contrast to Jack Ma and his private foundations, the Chinese state has suffered Covid-19-related reputational damage. Indeed, the arrival of Nigeria’s allocation from Jack Ma’s Covid-19 donation to African countries via the African Union’s Centres for Disease Control and Prevention was a major prompt to local media and popular commentators to challenge local HNWIs to emulate Ma’s philanthropy. In contrast, the Nigerian Medical Association, Trade Union Congress and main opposition party strongly opposed federal government approval for a team of Chinese medical professionals funded by the state-owned China Civil Engineering Construction Corporation to provide direct support for the government’s Covid-19 response efforts, citing rumours of an upsurge in coronavirus infection and mortality in other countries following the arrival of Chinese medical personnel.
While Jack Ma’s donations have been widely celebrated in Africa as promptly and efficiently delivered, Chinese government donations have not been universally welcome, partly because of reported poor quality and questionable reliability of donated supplies and equipment
There was also residual popular resentment at the widely reported scapegoating of African migrants in China at the outbreak of the pandemic which had drawn official protests from the Nigerian and other African governments. But as the donation which also included a consignment of medical equipment and supplies had been announced as a fait accompli, government officials and spokespersons would spend media appearances trying to justify the decision, pacify local doctors, rebut opposition claims and win public support through a fascinating mix of obfuscation, mendacity, petulance, deflection and insinuation in a desperate attempt to deliberately downplay Chinese state involvement and thus avoid a diplomatic incident. So in their different ways, and like the Zimbabwe government’s desperate bid to silence internal dissent and protest which we encountered earlier, Trump’s assault on WHO handling of the pandemic, official Chinese and Nigerian government public relations and propaganda assaults on their respective (and wider) publics indicate active involvement in what Carrie Gracie has described, with specific reference to the Chinese ruling class, as rewriting Covid-19 facts to suit their narrative.
Politics must not be allowed to stand
The world is still in the grip of a coronavirus pandemic; that Africa might or might not be its current epicentre; and that nobody knows for sure how Africa’s many ‘other’ or local epidemics will evolve over the next few weeks, months or even years. Yet this has not stopped multilateral institutions and multinational corporations from outlining a variety of options for exiting lockdowns and, ultimately, the entire or whole pandemic; or indeed predicting and modelling the contours of post-coronavirus ‘new normal’ continental and/or global economies. As an increasing number of countries exit lockdowns (and enter new ones), this should awaken an urgent desire among progressive forces to redirect the focus of attention to a determined pursuit of an analytically rigorous understanding of the differentiated spread and impact of, and state and other responses to Covid-19 – and in so doing to return also to what ought to be our core concern: the political economy of uneven incorporation of African economies, societies and natures into the world economy, the accompanying implications for social, spatial, structural and other forms of differentiation, and the latter’s manifestation within and between population, place and space/territory. For, as Philip Alston reminds us, ‘[t]he coronavirus has merely lifted the lid off the pre-existing pandemic of poverty. Covid-19 arrived in a world where poverty, extreme inequality and disregard for human life are thriving, and in which legal and economic policies are designed to create and sustain wealth for the powerful, but not end poverty. This is the political choice that has been made.’ It is a political choice that cannot and must not be allowed to stand unchallenged either in the current coronavirus times or in a post-Covid-19 world.
This article was first published in The Review of Africa Political Economy journal
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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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