The Violence of Komape

This chapter builds on Chapter 2 by explaining the etymologies of the complainant parents’ vernacular normative convictions – centring on Ubu-Ntu – that were woefully misunderstood and dismissed by the court in Komape . Thus, using language to uncover the self-conception and values of pre-colonial southern Africans, such as relational personhood and social organization, it explores how decolonising ‘the common law’ by recognising the Komape family’s world-sense requires focusing on the indigenous intellectual roots of the Ntu. It argues that these offer alter-Native ways of understanding concepts, challenging dominant European frameworks and (il)legalities. The analysis draws from ethnographic constitutional research and the sociolinguistic record, aiming to recover neglected histories of indigenous peoples’ identities and normative frameworks, often oversimplified as ‘customary law’, that still influence contemporary legal norms and social orders. Reclaiming indigenous ways of being and knowing, it highlights the often-muted gendered aspects of indigenous intellectual histories that would contribute to a more holistic understanding of social justice. Ultimately, the chapter calls for rethinking South African constitutionalism beyond Euro-American conceptions thereof, focusing on Ntu legalities and intellectual traditions. This offers a pathway to justice rooted in vernacular perspectives, which remain critical to addressing contemporary socio-legal challenges, as exemplified by the Komape case.