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DISSECTING RACISM WITH THE LAW
Simplified in everyday but clean language, Critical Race Theory applies law principles to expose and to deconstruct the historical foundations upon which the illegalities of legalizing racism stand.
In broad terms, the law represents, to the extent that the prevalent, universally acknowledged status quo remains unchanged, a constellation of fundamental guiding principles and values held dear by a group of a diversity of members (henceforth a nation, for purposes of this essay) brought and held together by a need to sustainably safeguard their common existential imperatives, perceived and real.
The latter above as dictated by encountered natural conditions, or as conceptually defined by the group with respect to ways and means of organizing settlements, food production, provision of health and other essential social services, defence and security. Ideally, the law is supposed to serve as both a reference and applicatory tool for establishment and maintenance of order in society. Society being a human, conceptual and material institutions construct that constitutes the totality of a nation. A nation is by default a multifaceted functional collective entity working towards the attainments of certain predetermined goals for the survival of the nation as a unit, and the individual as the essential part of the entity.
The Constitution of a nation is, then, a sacred documentation of the core laws of the land upon which a nation exists. A constitution in its current form is a living document that, with consensus, may be subject to amendments in order to suit changing local and international material and conceptual paradigms with time. If and when a constitution is hijacked and changed by force, or at worst suspended altogether by disgruntled elements defiant of the laws of the land, that process is called a coup d’état. More often than not, coup d’états impose unpopular, draconian laws for the instigators to stay in power. This is how dictatorships emerge world-wide. Dictatorships cause hardships.
The legal system is the working arm of the law. It comprises numerous branches requiring specialized education and training in the various aspects of the law, from the interpretation of the laws and their ramifications across the entire spectrum of societal existence, to enforcement of, and compliance with specific laws in given contexts. The judiciary administers the court system, where disputes are litigated, and criminal cases are tried, with punitive measures of the law determined and imposed where and when applicable.
Judges and magistrates preside in the courts. They weigh merits and demerits of cases as argued by defence lawyers and prosecutors. Defence lawyers represent aggrieved parties, or those facing criminal charges upon having been accused of breaking certain aspects of the law. Prosecutors’ job is to prove beyond reasonable doubt the guilt of the criminally accused.
Laws are made, modified, or repealed by the legislative arm in parliament. In functional parliamentary states, Members of Parliament (MPs) are elected officials representing national citizens through their various political parties which have variable demands as to their political orientations. This is in response to, or may lead to protracted inequities in society, where one or several groups will seek to dominate others through a variety of overt and subtle abuses of power in the state machinery. The idea being to, as much and as long as it is possible, exclude the subdued from enjoying the freedoms and all-round benefits of the bounty of their lands.
Through hook or crook, setting ludicrous, outrageous prerequisites for qualification to participate in the elective processes determining composition of the legislature, the dominant forces can manipulate the legislative procedures to institute laws that will inhibit or even totally exclude the dominated from participating fully in the developmental processes of their nations.
To pass an idea into law is to legalize it. The piece of law passed shall have a name and number, with reference to the relevant part of the constitution where and when applicable. It shall, amongst others, state its purpose, justification, extent and implications, as well as punitive levels and nature according to degree of contraventions, including circumstances prevailing at the time of offence execution. For example, in 1913, the then White dominated legislature in South Africa introduced a lastingly catastrophic Native Land Act for Black people of the land.
“THE NATIVE LAND ACT (NO. 27 OF 1913): The natives land act was speciﬁcally created for the control of black access to land. This act had a profound effect on the African population across the country and fundamentally still maintains that same effect on black people today. The Act’s most devastating condition for Africans was the exclusion from buying or hiring land in 93% of South Africa.
“Africans, despite being higher in population numbers were only allocated 7% of land ownership and were only allowed to remain on white owned land as labourers and servants, which forced independent black farmers into the labour market by denying them the rights to purchase land,” AWCI Property.
It goes without saying that the above law legalized preclusion of South African Black people from benefitting from the bounty of their land. The law acutely skewed economic and political power to the Whites. This law was a decisive precursor to the inception of the subsequent racist South African Apartheid state, 1948-1994.
Apartheid was not just. Because it was not just, it was illegal. Because it was illegal, the struggle for the freedom and enfranchisement of Black people of South Africa had to continue. Enfranchisement gives the legal right to vote and influence societal progress in one’s country. Throughout all the various legislations pursued in order to enhance White power during the Apartheid years, the condition of Black People in the country only but worsened. This was despite that the Apartheid regimes kept shooting themselves in the foot all the time.
The post-1994 South Africa of Nelson Mandela inherited a massively broken society. Critical Race Theory offers an analytical and explanatory model for understanding the realities of South African socio-political discourse today. It’s applicable to Zimbabwe. It’s applicable to the entire global post-colonial society, actually. That a stratum of USA society is so anti-Critical Race Theory is just a reflection of how really detrimental racist White Privilege has been for the intellectual and cultural sophistication growth of these people, together with their Black and Brown people cohorts. Shame.
From the South African example given above, it is clear that Critical Race Theory is not just an empty theoretical postulate. It lays bare the historical facts to explain contemporary racism as it plays itself out with impunity right in front of our eyes on a daily basis; we be in the USA, Europe, South Africa, Australia, or anywhere else in the world.
Critical analysis of any phenomenon entails not only studying the phenomenon in isolation, but also in relation to other relevant dynamics around it. We compare, we contrast, we interpolate, we extrapolate, we synthesize, we hypothesize, we weigh pros and cons, we test, before we arrive at what we know are well-thought-out and structured conclusions.
It’s naïve and ignorant to want to dismiss Critical Race Theory as divisive, and promoting anti-White racism and hate. What can be more divisive than the White Supremacist racism has already been for at least four-hundred years? Black people’s struggle for freedom, justice, and equality is exactly as the three concepts say: free from malice, seeks fairness and the prerogative to reclaim their right to exist with human dignity on par with everyone else the world over.
I have yet to meet a serious Black liberation warrior that is pre-occupied with vindictive oppression, subjugation, and annihilation of the White race. Honestly, the entire world would have long gone down under had Black and Brown people risen in vengeance against the obtrusively documented White Supremacy barbarism all over the world
But in order to fully appreciate where we are coming from with our demands and fears, Black and White people have to embrace facts of their history:
- White Supremacy and its roots in the global colonial and capitalist expansion owes its economic might to the raw exploitation and destruction of Black and Brown societies of the world. It’s an absolute fact that has nothing to do with sowing seeds of hate and all that bull. Racism justified and sustained the cross-Atlantic slave trade. Enslaved African labour unequivocally facilitated the documented historical exponential growth and consolidation of American capitalism, with inevitable spillovers to Europe.
- Whereas technological advancements in the 17th Century onwards would render large-scale agro-industrial slavery redundant, racism continues to live on. Racism is both a philosophical and practical tool used by White Supremacists to exclude and eliminate Black and Brown people from equal and just participation in the collective determination of their own destiny in their lands. Existing economic inequalities in the USA, South Africa, and similar countries have indisputable racistic undertones.
- Demands for reparations in the USA and Europe are as justifiable as can be, therefore. These demands are never going to die some natural death. They have to be addressed one way or another. These demands are no declaration of hate or war. If and when people talk about fighting for reparations, they are not talking about any martial warfare, they are talking about legal battles in the courts. That’s all. No blood was shed in the case of Bruce’s Beach, California, property being returned to its rightful owners.
- Successful Black and Brown people aligning themselves with White Supremacists must know that the latter don’t really see them as genuine blood compatriots. In the slave-owner tradition, White Supremacists simply use these lost Black and Brown souls to further their (WS) goals of perpetual global hegemony. A lost cause.
Indeed, experientially, racism may be reducible to the inevitable variable individual (in-)sensitivities. But as a system, White Supremacist systemic racism makes no individual exceptions: from the outset, when you are Black or Brown or Yellow, you are exactly that. In WS eyes, you are, as per God’s design, inherently inferior and destined to permanent White Supremacist servitude. As shown below, the latter postulation is blatantly fallacious, of course:
2. A Nigerian mathematics genius has made global headlines in Japan.
3. Four computer brains Black women sent NASA to space and back.
4. Global Black excellence in all areas of human endeavour is documented across the entire sphere of modern mass media platforms. But all this is of no use if people are illiterate and incapable of exhibiting any critical thinking skills, or even inclination for thinking about the big questions of life and being. For the intellectually dysfunctional, their ignorance is ever exacerbated by their paying attention to purveyors of conspiracy theories, often with dire outcomes.
All children must be taught Critical Race Theory uncoated. Knowledge is power. Truth liberates. The future of humanity may be secured by children growing up into adulthood equipped with the knowledge of what human behavioural attributes have led the world to the existential mess we find ourselves in today.
It is only through the teaching of facing plain truths about the mistakes and injustices committed in the past and the present that future people can make informed choices about what kind of a world they want to live in. Herein lies the essence of critical thinking skills and attitudes inculcation in the minds of children. Devoid of critical thinking skills faculties, children grow up as fertile grounds for sowing seeds of living with fears of the unknown. Fears of the unknown breed and feed irrationality. Irrational people are a curse to humanity.
Appreciation of Critical Race Theory today is a remedy for potential racial wars arising in the future. It should encourage atonement as a means for facilitating peaceful co-existence. That founded on the principles of knowledge of who we, humanity, are and what we are capable of achieving for both the good and the bad of our being humans on earth.
I rest my case.
October 20, 2021
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- From an independent and private position I find it imperative upon, and within incumbent South African President Jacob Zuma’s prerogative to now step down and resign. By that, he will be preserving whatever little honour as a leader and noble citizen of the land he has left. Moreover, he will be saving the country much international diplomacy and business ridicule and embarrassment.
My imploring JZ to step down and resign is inconsequential of whether I like him or not. Manifestation of any lack of respect for an elder and leader in accordance with “… it’s our African culture!” is of no relevance here either. My stand is based on impersonal well-thought out critical thinking leadership principles and philosophy.
- Watching how the once most revered African National Congress/ ANC and its loyal structures defend the indefensible in President Zuma’s already long tarnished beyond repair image and reputation as a national leader is a fascinating endeavour.
It’s like hopelessly watching a woman I dearly love slowly drugging herself to death on a daily basis. With every new temporary abstinence killing shoot, she has gone beyond believing; she deliberately defies logic and reason. She ever irrationally convinces herself in vain that the new shot would be the very last and most decisive to fix and put everything back in place again once and for all. On and on till she drops dead.
Perhaps with death comes freedom from self-deception … (Continued in the book: “MACHONA BLOGS – As I See It”. Order Simon Chilembo books on Amazon)
April 07, 2016
CANNOT BE RIGHT
At this very moment
In Aleppo City of Syria
Have just rained down
In claimed pursuit of Daesh
Little Sarah’s body
Is shred to pieces
Little Abdullah’s body
Is by waves of fire
Charred to ashes
And goes up
With smoke and bloody dusts of war
It’s all hallucinations
If this is his willing
He’s not so great anymore
May the next bomb
Land on us
Please, please, please
They with soundless voices
Wail in agonized helplessness
With tearless ducts like Madiba’s
Wishing there were
Wi-Fi broadband to Allah
At this very moment
In parents’ arms
For Western freedom and peace
At the bed
Of the Mediterranean Sea
The bombs had missed them
Overloaded their escape boat
To breathe under water
More horrified by
The sound of
Tonnes of sea water
Pressing densely into their ears
Than any bombing’s
It’s just as well
Wi-Fi broadband to God
Ever cried under water
At this very moment
I cry with grief
‘Cause I’m broke
As in Bankrupt
Valentine’s Day tomorrow
I’ll lose yet another woman I love
‘Cause I don’t have any money
To call her on the phone
Buy her a romantic present
I don’t have money
To call my mother
To say, ‘I love you!’
For like to Allah
Wi-Fi broadband into my father’s grave
If I had money
I’d call my younger father
To also say, ‘I love you, Dad!’
Old, faded, tattered clothes
On my body
‘Cause I haven’t had any money
To buy new clothes
The start of
The Syrian war
At that time
Somebody said to me
Tsk, tsk, tsk, ignorant you
Conflict is healthy
Conflict is the essence of human progress
And I said to him
Does Assad really think
He’ll ever crush the opposition
The ill-informed wise man
I’m a fool
So, it’s okay
I can stay broke
Till there are
No more people
Till there’s nothing left
To genocide for
For human progress
At this very moment
I cry Europe
Have defied the bombs
Have defied the seas
Have arrived alive
At your shores
Show them what humanity is all about
Independent of what Allah wills
It can’t be right
To deny them
The sweet taste of
Liberty and peace
It can’t be right
That I stand here
And cry for money
For telephones and new clothes
In parents’ arms
Cry for life
At the bottom
Of the sea
At this very moment
I cry for hope
Fuck the money
Fuck the war
©Simon Chilembo, 13/ 02- 2016
February 13, 2016
HOME AT LAST! Part 30
OWN TURF IN THE DIASPORA
Because I was not born with a silver spoon in my mouth, the notion that I must be happy with what I have here and now, no matter how little, was ingrained in my head from a very early age. If I could get more by doing what is acknowledged as good and acceptable practices, well and good. However, if it doesn’t work, too bad. Try something, or go for something else, and/ or simply wait.
Waiting never meant for me to just rest on my laurels, hoping for some miracle to happen for the more of that which I want to materialize somehow, without any effort from me, though. If I have to pray, it will be more to introspect and find peace of mind so I can think more clearly, but not for God to deliver it all for free just because I believe in her … (Continued in the book: “MACHONA AWAKENING – home in grey matter”. Order book on Amazon).
November 23, 2015 (more…)
Racism is a constant. Racism does not change colour with location, or time. Racism is not some figment of the imagination. Racism is as real as day and night. Racism cannot be explained away; it is neither an intellectual nor academic exercise. Racism is unidirectional like an arrow in flight. Its objective is to demean, use, abuse, exploit, hurt, dehumanize, destroy, and obliterate; nothing in between. The ultimate goal of racism is genocide.
September 14, 2015
HOME AT LAST! Part 28
New Job Application:
Change, Win, Adapt, or Jump in The Lake in The Diaspora
How old I was then was of no concern to me. At that age I saw things in terms of physical appearances relative to other objects in the immediate environment. People were adults because they were far bigger, and stronger than me. When I first became consciously aware of where I was in my surroundings, it was of no concern to me as to whether I was coming or going; I was just there where I found myself, having the time of my life discovering wonders of the world … (Continued in the book: “MACHONA AWAKENING – home in grey matter”. Order book on Amazon).
August 24, 2015
Regarding the renewed, more grave, xenophobic violence rocking major cities of the land at the moment, on the ground, enlightened and critically thinking South Africans know that there is more to South Africans’ apparent envy over foreign nationals’ business acumen, as well as their apparent resultant financial success.
There aren’t many social interaction spaces as revelatory of the true colours of individual and collective human behaviour and attitudes as in places of trade, market places. It’s only natural, therefore, that when shit hits the fan, as is the case with the current xenophobic hassle in South Africa, it will be in and around retail business outlets … (Continued in the book: “MACHONA AWAKENING – home in grey matter”. Order book on Amazon).
April 18, 2015
HOME AT LAST! Part 17
WEALTH MANAGEMENT IN THE DIASPORA
For an ordinary Diasporant with humble origins from their motherlands, with no history of family wealth accumulation over time and, therefore, not born with silver spoons in their mouths; as well as not having been raised with soft pillows under their wings by virtue of family status, influence, privileges, and power, the Diaspora can present unprecedentedly huge opportunities to earn money, create, build, and sustain wealth … (Continued in the book: “MACHONA AWAKENING – home in grey matter”. Order book on Amazon).
March 24, 2015
HOME AT LAST! Part 16
DEDICATION: To my Brothers, global fraternity of wisdom, my Teachers, my Dear Mother, and my children from other fathers all over the world.
Trees and flowers planted round Chilembo Heights residence have each a name, and a story to tell. The Acacia Lisebo Maria tree is Dear Mother’s life metaphor. Her deep loyalty and commitment to her friends I have yet to fathom. She loves her enemies. Over time, she ever actively seeks to bring them closer to her, if not under her wings. Ever benevolent to the enemies and their offspring, if and when they die she will contribute to seeing to it that they are buried with dignity and honour. Amazing Grace.
Forced to close a protracted intense, mutually irreconcilable conflict on certain crucial matters of principle, the great royal prince, his highness doctor professor Mdadakumbakumba Kumdada threw in a verbal salvo … (Continued in the book: “MACHONA AWAKENING – home in grey matter”. Order book on Amazon).
February 27, 2015
HOME AT LAST! Part 15
RACIST SCUMBAGS – WHITE SOUTH AFRICAN RACISTS ONLY THEMSELVES TO THANK
My 27 year old exile-born nephew doesn’t know, doesn’t care shit about apartheid. What he knows and cares all shit about is that he is a raw South African to the bone, and this South Africa is his land through and through. If it says anybody anything, he is a proud son of a proud Sotho–Zulu man who in his life did take a bullet or two as an active MK veteran fighting for the freedom of our land in our time. In 2076, my nephew will be 89 years old. To his great-grandchildren and their progeny, apartheid will be but a fragment of history you go into GugulazaTI+ (TrillionInfinityPlus, as Google South Africa will be called then) to find out what it was … (Continued in the book: “MACHONA AWAKENING – home in grey matter”. Order book and five others on Amazon).
February 06, 2015