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Apartheid and Privatization
For apartheid to be privatized it also has to be marketized, de-legislated, denationalized, digitized, fractalized, deracialized, and de-territorialized.
Marketized – Apartheid was marketized because privilege is now policed by price rather than prose. The market not the state, now dictates the boundaries of opportunity. By replacing legal barriers with financial ones, segregation is transformed from a public burden to a source of private profit. In classic neoliberal fashion, apartheid oppression now works on a “pay-as-you-go” basis.
De-legislated – Apartheid was de-legislated because apartheid statutes – laws enacted by the apartheid parliament – were largely abolished or significantly amended after 1994. Yet, apartheid still permeates the common law, especially in the law of property and contract, which underpin economic activity. Law is more than statute alone: it exists in precedent, judicial culture and legal practice. De-legislation thus clarifies that apartheid continues in various legal forms outside the statutory framework.
De-Nationalized – Apartheid was denationalized because it moved from centralized state control to decentralized private control. Denationalization is a form of privatization whereby state assets owned, or state functions performed, by the central government – rather than a subsidiary authority – are transferred into private hands, for private ends. Denationalization unbundled and decentralized apartheid, consigning its control to a diverse network of private actors with private goals.
Digitized – Apartheid was digitized because digital technology and personal computing often reinforce the culture of surveillance and toxic racial categorization upon which apartheid was built. Technological segregation operates on algorithms, increasingly independent of human agency… As the economy became increasingly financialized and digitalized, so power was increasingly sucked from the new democratic government, and placed in international corporate hands.
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The New Apartheid: Apartheid Did Not Die; It Was Privatised -- Open Forum and Commentary
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The New Apartheid Critical Reading
The New Apartheid Book Forum
From Fanon Global's Call for a Critical Reading:
The July 2021, publication of 'The New Apartheid' by Dr. Sizwe Mpofu-Walsh hit South Africa's streets as mass uprisings by supporters of imprisoned former President Jacob Zuma forced President Cyril Ramaphosa to call out the South African National Defence Force.
When the tear gas cleared and the steel tipped bayonets were sheathed, 337 South Africans lay dead. Over R3.5 billion in property losses were reported in Gauteng Province alone.
The primal screams that echoed amid the tumult visited on Gauteng and KwaZulu-Natal provinces, condemning the African National Congress-led government cried out for an explanation.
How could the party of Mandela, that guided South Africa's iconic national liberation struggle to power in 1994, over the white minority's barbarous rule, disintegrate into such chaos, comprehensive corruption, and despair?
The New Apartheid answers that question.
"Apartheid did not die:" said Mpofu-Walsh, "It was privatized. In this book, I pursue this single, simple thesis."
In Dr. Sizwe Mpofu-Walsh’s second book The New Apartheid, he examines how apartheid has reinvented itself. This book follows his first, Democracy and Delusion. Both books examine the intersection between the past and present and how they aren’t that far apart. The New Apartheid takes it a little further.
The New Apartheid shatters the idea that apartheid ever ended
The New Apartheid
by Dr Sizwe
Dr Sithembile Mbete
Apartheid never really died
By Thabo Makwakwa
www.iol.co.za 07.19, 2021
Mpofu-Walsh’s book ‘The New Apartheid’ misses the point on common and contract law
by Dan Mafora & Sfiso Nxumalo
Posted on The Mail and Guardian
A number of scholars have argued that while the formal laws and structures that underpinned apartheid were dismantled with the advent of the democratic order, the legacy of apartheid persists in post-apartheid South Africa with wealth, power and education still largely divided along racial lines. The claim is that racism, white supremacy and white privilege have essentially been reproduced in other forms under the constitutional dispensation.
Dr. Sizwe Mpofu-Walsh’s book, The New Apartheid, is a laudable and timely contribution to the ongoing public discourse on the persistence of inequality, racism and the role of the Constitution of the Republic of South Africa, 1996.
Mpofu-Walsh contends that apartheid did not die when the constitution was adopted, but rather that it was privatised. In advancing this central thesis, he explores law as one of the pillars of what he terms “the new apartheid”. He posits that apartheid has reinvented itself, that our constitutional democracy is characterized by systemic racial separation and oppression and maintains the power dynamics of the old regime.
There is about three decade’s worth of literary reservoirs that have been trying to make sense of the merits and shortfalls of Post-Apartheid South Africa.
Many maintain that through the negotiated settlement in the 1990s the Apartheid government gave away political power to the ANC government but kept the economic power rooted in Afrikaner Capitalism.
The current context is a mixture of “private actors” made up of former white capitalists and emerging black elites with political connections who may be oblivious to the social realities of poverty, unemployment and inequalities.
In his recent book The New Apartheid, Sizwe Mpofu-Walsh attempts to decipher the myth that Apartheid has long been buried in the graveyards of history or that the “new” South Africa is a land full of milk, honey and rainbows for all its citizens. He argues that Apartheid was privatized and that its discourse is forever shape-shifting into new forms of segregation even in today’s South Africa. The chapters that explore this thesis are aptly titled Space, Law, Wealth Technology and Punishment.
Mpofu-Walsh argues that a New Apartheid is evidenced through the manner in which public spaces are being privatized through gated communities for a privileged minority to enjoy. A New Apartheid is also seen through discrimination in the process of applying for home loans, university admissions and medical aids enabled by private laws. Further it is seen in a justice system that can offer different rights or representation for the same crime committed.