A critique of conqueror South Africa, post-1994 liberal democracy and liberal democratic law

Abstract

Violence and oppression in the form of conquest and colonialism, racism, patriarchy, heteronormativity and in terms of class are all inevitable effects of Western culture. This is due to the reason that Western culture is fundamentally highly materialistic, competitive, narcissistic, individualistic and takes aggressive and domineering stances towards innerworldly entities. Therefore, a Western concept of law based on such a culture is fundamentally ineffective to eradicate such violence and oppression, but rather perpetuates it. These characteristics of Western culture and the Western concept of law have their roots in the Western conception of “Being,” particularly in the conception of “Being-with.” This article argues that liberal democratic law and liberal democracy rooted in an individual, competitive, hierarchical and amensalist Western ontological framework fundamentally perpetuate group-based oppression. Therefore, the 1996 constitution and post-1994 South African constitutionalism secure and perpetuate the oppression of the indigenous conquered people under the guise of transformation and reconciliation.