THE POLITICAL CONSTRUCTIONS OF JUSTICE: REVIEWING ANTJIE KROG’S COUNTRY OF MY SKULL AND THE APPLICATION OF AFRICAN JURISPRUDENCE

Abstract

This research aims to prove that politics shapes the law and, as such, can act as a catalyst to shape the law in accordance with African jurisprudence and Ubuntu. I structure my approach by explaining the difference between general and restricted jurisprudence and their foundations with the natural and positive law, respectively. In addition, I attempt to show that law and politics are inherently interrelated and should be viewed through a general jurisprudential perspective. I will further elaborate on the character played by politics on the South African law, both pre-1994 and in the postapartheid era. I direct my literature review to Antjie Krog’s Country of my skull. Krog’s account of the Truth and Reconciliation Commission (hereinafter referred to as the TRC) provides a platform for observation and analysis of the influence politics exerted on the law (and law enforcement) during apartheid. Krog’s account of the TRC also acts as a grounding for emphasising the particular African jurisprudence portrayed by the TRC itself and, finally, showing that a political atmosphere which incorporates African jurisprudence and Ubuntu into its political agenda will allow for the reflection of such a jurisprudence in the legal sphere. Krog’s illustration of the political shaping of the law creates a clear perspective of the influence of politics over the law. Furthermore, in attempting to illustrate this inherent power politics holds, particularly focusing on apartheid policies shaping the law (pre-1994), I too aim to show the power that politics can still play in shaping the law today, in accordance with African philosophy.