Fundamentals of Conciliation in Cases of Trust-Deficit, when Everyone is just Mendacious

ABSTRACT Reconstruction of trust is a basic existential necessity. Petty, as it may sound- but today all people want just to trust and be trusted. Colonial conquest completely obliterated ability to trust and be trusted. As a result the fast paced globalisation project can easily be reduced into; “one big animal farm- where all people are equal, but some people more equal than others” Trust is the missing cornerstone for resolving all our historic injustices. If only people could fostering a society capable of truth, peace and selfless development of the planet. The planet rewards all those who diligently serve it. In South Africa—and globally—centuries of colonization have left a legacy of distrust that undermines efforts at reconciliation and growth. Trust reconstruction requires moving beyond traditional methods of conflict resolution that have consistently failed to address the root causes of inequality and discord. This article examines the enduring influence of colonialism in South Africa, focusing on its systemic role in perpetuating inequality, mistrust, and conflict. It critiques the judicial system and legal fraternity for enabling post-colonial conflicts and challenges politicians to confront their reliance on colonial strategies. Highlighting the shift from overt colonialism to covert systems of control post-World War II, the article frames ongoing socio-economic crises and mistrust as deliberate colonial legacies. Analyzing South Africa’s historical eras—spanning Dutch, British, Boer, apartheid, and democratic periods—the article explores how colonialism systematically dismantled Indigenous values like Ubuntu, replacing them with exploitative systems that foster division. It critiques policies like Black Economic Empowerment, arguing for more inclusive legislation that promotes sustainable generational wealth and social mobility. Employing historical analysis, systemic critique, and legal reasoning, the study exposes the failure of current legal and policy frameworks to address conflicts rooted in colonial designs. It advocates for a paradigm shift where colonizers and the colonized engage in truth-based dialogue, relinquishing both power and authority to build a trust-based society. Finally, it calls for alternative dispute resolution mechanisms prioritizing trust, fairness, and historical justice to achieve sustainable and equitable development.

Publication Details

Journal
Zenodo (CERN European Organization for Nuclear Research)
Published
2024-11-19
DOI
https://doi.org/10.5281/zenodo.14185495
Primary Topic
Legal Issues in South Africa
Type
article
Field-Weighted Citation Impact
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article

Fundamentals of Conciliation in Cases of Trust-Deficit, when Everyone is just Mendacious

Zenodo (CERN European Organization for Nuclear Research)
Legal Issues in South Africa
article

Fundamentals of Conciliation in Cases of Trust-Deficit, when Everyone is just Mendacious

article en

Abstract

ABSTRACT Reconstruction of trust is a basic existential necessity. Petty, as it may sound- but today all people want just to trust and be trusted. Colonial conquest completely obliterated ability to trust and be trusted. As a result the fast paced globalisation project can easily be reduced into; “one big animal farm- where all people are equal, but some people more equal than others” Trust is the missing cornerstone for resolving all our historic injustices. If only people could fostering a society capable of truth, peace and selfless development of the planet. The planet rewards all those who diligently serve it. In South Africa—and globally—centuries of colonization have left a legacy of distrust that undermines efforts at reconciliation and growth. Trust reconstruction requires moving beyond traditional methods of conflict resolution that have consistently failed to address the root causes of inequality and discord. This article examines the enduring influence of colonialism in South Africa, focusing on its systemic role in perpetuating inequality, mistrust, and conflict. It critiques the judicial system and legal fraternity for enabling post-colonial conflicts and challenges politicians to confront their reliance on colonial strategies. Highlighting the shift from overt colonialism to covert systems of control post-World War II, the article frames ongoing socio-economic crises and mistrust as deliberate colonial legacies. Analyzing South Africa’s historical eras—spanning Dutch, British, Boer, apartheid, and democratic periods—the article explores how colonialism systematically dismantled Indigenous values like Ubuntu, replacing them with exploitative systems that foster division. It critiques policies like Black Economic Empowerment, arguing for more inclusive legislation that promotes sustainable generational wealth and social mobility. Employing historical analysis, systemic critique, and legal reasoning, the study exposes the failure of current legal and policy frameworks to address conflicts rooted in colonial designs. It advocates for a paradigm shift where colonizers and the colonized engage in truth-based dialogue, relinquishing both power and authority to build a trust-based society. Finally, it calls for alternative dispute resolution mechanisms prioritizing trust, fairness, and historical justice to achieve sustainable and equitable development.

Zenodo (CERN European Organization for Nuclear Research)
Openalex Percentile: Top 29%
Legal Issues in South Africa
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