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Pursuing Justice in Africa Cambridge Centre of African Studies Series edited by Jessica Johnson and George Hamandishe Karekwaivanane Competing Imaginaries and Contested Practices cambridgePursuing centre Justice of african instudies Africa series Pursuing Justice in Africa CAMBRIDGE CENTRE OF AFRICAN STUDIES SERIES Series editors: Derek R. Peterson, Harri Englund, and Christopher Warnes The University of Cambridge is home to one of the world’s leading cen- ters of African studies. It organizes conferences, runs a weekly seminar series, hosts a specialist library, coordinates advanced graduate studies, and facilitates research by Cambridge- and Africa-based academics. The Cambridge Centre of African Studies Series publishes work that ema- nates from this rich intellectual life. The series fosters dialogue across a broad range of disciplines in African studies and between scholars based in Africa and elsewhere. Derek R. Peterson, ed. Abolitionism and Imperialism in Britain, Africa, and the Atlantic Harri Englund, ed. Christianity and Public Culture in Africa Devon Curtis and Gwinyayi A. Dzinesa, eds. Peacebuilding, Power, and Politics in Africa Ruth J. Prince and Rebecca Marsland, eds. Making Public Health in Africa: Ethnographic and Historical Perspectives Emma Hunter, ed. Citizenship, Belonging, and Political Community in Africa: Dialogues between Past and Present Felicitas Becker, Joel Cabrita, and Marie Rodet, eds. Religion, Media, and Marginality in Modern Africa Jessica Johnson and George Hamandishe Karekwaivanane, eds. Pursuing Justice in Africa: Competing Imaginaries and Contested Practices Pursuing Justice in Africa Competing Imaginaries and Contested Practices Edited by Jessica Johnson and George Hamandishe Karekwaivanane Ohio University Press • Athens Ohio University Press, Athens, Ohio 45701 ohioswallow.com © 2018 by Ohio University Press All rights reserved To obtain permission to quote, reprint, or otherwise reproduce or distribute material from Ohio University Press publications, please contact our rights and permissions department at (740) 593-1154 or (740) 593-4536 (fax). Printed in the United States of America Ohio University Press books are printed on acid-free paper ƒ ™ 28 27 26 25 24 23 22 21 20 19 18 5 4 3 2 1 Library of Congress Cataloging-in-Publication Data Names: Johnson, Jessica, 1984- editor. | Karekwaivanane, George Hamandishe, 1980- editor. Title: Pursuing justice in Africa : competing imaginaries and contested practices / edited by Jessica Johnson and George Hamandishe Karekwaivanane. Other titles: Cambridge Centre of African Studies series. Description: Athens : Ohio University Press, 2018. | Series: Cambridge Centre of African Studies series | "This volume began life as a two-day conference held at the University of Cambridge's Centre for Research in the Arts, Social Sciences and Humanities (CRASSH) in 2015." | Includes bibliographical references and index. Identifiers: LCCN 2018033503| ISBN 9780821423356 (hc : alk. paper) | ISBN 9780821446485 (pdf) Subjects: LCSH: Justice. | Women--Legal status, laws, etc.--Africa, Sub-Saharan. | Justice, Administration of--Africa, Sub-Saharan. | Dispute resolution (Law)--Africa, Sub-Saharan. Classification: LCC JC578 .P87 2018 | DDC 320.0110967--dc23 LC record available at https://lccn.loc.gov/2018033503 Contents Acknowledgments ix Introduction Re-centering Justice in African Studies JESSICA JOHNSON AND GEORGE HAMANDISHE KAREkwAIVANANE 1 PART I: MORALITY, RELIGION, AND LANGUAGES OF JUSTICE Competing Conceptions of Justice in Colonial Buganda JONATHONEON L. EARLE 33 Legal Pluralism and the Pursuit of a Just Life Muslim Views on LawT wandO Justice in East Africa FELICITAS BECKER 51 Social Justice and Moral Space in Hospital Cancer Care in Kenya BENSONTh A.REE MULEMI 72 Relational Justice and Transformation in Postapartheid South Africa DUNCFOURAN SCOTT 92 PART II: GENDER JUSTICE Chilungamo and the Question of LGBTQ+ Rights in Malawi ALANFI MvESOSA 115 Justice Intervention Mobile Courts in the EasternSI Democraticx Republic of Congo PATRICK HOENIG 139 Conflicting Conceptions of Justice and the Legal Treatment of DSEefilementvEN Cases in Malawi NGEYI RUTH KANYONGOLO AND BERNADETTE MALUNGA 159 “Home People” and “People of Human Rights” Understanding ResponsesEIG to hRapeT in Northern Uganda HOllY PORTER 179 PART III: RESOURCES, CONFLICT, AND JUSTICE Out of the Mouths of Babes Tracing Child Soldiers’ NotionsNINE of “Justice,” ca. 1940–2012 STACEY HYND 201 Good and Bad Muslims Conflict, Justice, and TENReligion among Somalis at Dagahaley Refugee Camp in Kenya FRED NYONGESA IKANDA 222 Land Restitution (Old and New), Neotraditionalism, and the Contested ValuesELE of vLandEN Justice in South Africa OLAF ZENKER 243 Transitional Justice and Ordinary Justice in Postconflict Acholiland ANNAT MAwELCDONAvE LD 264 Afterword KAMARI MAXINE CLARKE 289 Bibliography 293 Contributors 325 Index 329 This volume began lifeAcknowledgments as a two-day conference held at the University of Cambridge’s Centre for Research in the Arts, Social Sciences and Humanities (CRASSH) in 2015. We would like to thank the funders of the conference and all those in Cambridge who helped with the orga- nization: Victoria Jones, Marie Lemaire, and Judith Weik; the Centre for Research in the Arts, Social Sciences and Humanities; the Centre of African Studies; the Division of Social Anthropology; the Centre for Governance and Human Rights; the George McCauley Trevelyan Fund; and the Smuts Memorial Fund. Discussions with participants and audience members during the event convinced us that there was scope for a volume addressing engagements with justice on the African continent. We are grateful to all those who participated in the conference, including those whose research does not feature directly as chapters of the volume but whose contributions during the conference shaped our thinking and encouraged deeper reflection. Our thanks in particular to Jocelyn Alexander, Gerhard Anders, Phil Clark, Christopher Forsyth, Dorothy Hodgson, Sheryl McCurdy, Sarah Nouwen, Nicola Palmer, and Peter Redvers-Lee. We would also like to thank the two anonymous reviewers for the press and the series editors, especially Harri Englund, who also made valuable contributions during the conference. Introduction Re-centering Justice in African Studies JESSICA JOHNSON AND GEORGE HAMANDISHE KAREkwAIVANANE IsubjectN RECENT of concern decades for scholars, justice of Africa hAS b byEEN vast O literaturesvershADO centeringwED AS on A rights, crime, punishment, policing, and social order. Given the increas- ing presence of international justice institutions, such as the Interna- tional Criminal Court, on the African continent and the remarkable diversity of legal structures of justice, this neglect is striking. Indeed, across Africa complex pluralities of “customary,” religious, state, and transnational justice regimes interact on what is often contested terrain. This volume builds on recent work in sociolegal studies that fore- grounds justice over and above concepts such as human rights, legal pluralism, or vigilantism. We do so in an empirical as well as a theo- retical sense, asking both what it is that people mean when they invoke “justice” on the ground, and what we might gain as analysts by framing our studies through the lens of justice. We see justice as promising in its expansiveness, its ability to hold together disparate topics, time periods, and locations, and its broad appeal to scholars, policy makers, and ordi- nary citizens across Africa and beyond. There is an instinctive sense in which justice is greater than human rights and more capacious than law. And yet they are related in practice as they are in (legal) imaginaries. It is in their interstices that the chapters of this volume are located, and the authors work to delineate the specific relevance of justice to their particular concerns. Here, we ask more generally, why justice? What 1 mightJessica we gainJohnson and lose and by Geor focusingGe h amandisheon justice in Kare our effortsKwaivanane to under- stand the hopes and aspirations of men and women in Africa as they intersect with legal realms? While the theme of justice has been accorded a somewhat marginal place in African sociolegal studies, it has been central to the field of moral and political philosophy. From Aristotle’s musings about what it means to be a just person, through to John Rawls’s and other latter-day philosophers’ reflections on what a just society might look like, numerous theories of justice have been advanced.1 “The positions,” Robert Solo- mon notes, “have been qualified, the objections answered and answered again with more objections, and the ramifications further ramified and embellished. But the hope for a single, neutral, rational position has been thwarted every time.”2 It is, however, possible to discern an approach to thinking about justice that has proved to be increasingly dominant in the work of a number of contemporary philosophers such as John Rawls, Ronald Dworkin, and Robert Nozick. This approach seeks to define what a perfectly just society would look like in the abstract and to prescribe the institutional arrangements that are necessary in order to achieve it.3 This “transcendental institutionalism” can be traced back to the work of Enlightenment thinkers such as Thomas Hobbes, John Locke, and Jean- Jacques Rousseau. However, as Amartya Sen points out, there are two main problems with these theories of justice. First, they are, for the most part, not feasible as it is unlikely that a consensus about the perfectly just society could ever
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