This chapter builds on the call for ‘Alter-Native Constitutionalism’ due to the inadequacies of South Africa’s transformative constitutionalism in achieving economic and social justice by examining how South Africa’s legal system can realise the necessary shift towards a truly common law. It therefore outlines the technical steps required to amalgamate ‘common’, ‘customary’ and ‘vernacular’ law, proposing a framework where vernacular law – reflecting the lived experiences and cultural norms of the majority population – underpins the whole legal system rather than being confined to isolated ‘cultural’ domains. Drawing on centuries-long debates among scholars of indigenous law, yet recognising that there are foundational similarities between vernacular and state law that can be leveraged, it stresses the care necessary in blending Western and Indigenous knowledges. It highlights that, for this integration to succeed, courts need to adopt a flexible, context-sensitive approach that respects vernacular law’s process-centred-based nature. The chapter thus advocates for preserving vernacular legal processes (because their consultation-based, adaptive structure is key to the law’s legitimacy), as well as vernacular law’s core content (especially around needs-based claims, multigenerational provision and protecting relational structures), as the primary means by which South Africa can achieve a genuinely transformative and common legal order.

This chapter gives an overview of the structure of the book, detailing how it is organized around a series of contests over the expressions of sovereignty made by these four pseudo-states. In identifying the similarities in how these contests over sovereignty played out, inside and outside Africa, this chapter lays the foundation for the argument that Katanga, Rhodesia, Transkei, and Bophuthatswana can be usefully seen as linked parts in a larger story. In this formulation, their individual quests for diplomatic recognition and international acceptance were all in pursuit of a common ideological project, one born out of a reaction to the rapid decolonization of the African continent and the triumph of anti-colonial African nationalism. All four of them harnessed important transnational right-wing networks across Africa, Europe, and North America that were energized by the dissolution of the European empires, the rise of the Afro-Asian Bloc, postcolonial migrations, and the international civil rights movements. Each of these aspirant states ultimately failed to achieve international acceptance and faced collective nonrecognition, which reflected the larger regional and global importance of these challenges to the postcolonial African state system.

By providing for civil/political rights alongside a plethora of social/economic rights, the 1996 Constitution signified a commitment and a bold statement to making this dream a reality. Yet, to the millions who are still confronted with endemic hunger, the constitutionally guaranteed rights remain a pipedream. This chapter observes that the state’s intervention to address poverty and food insecurity has mainly been through policy actions. Also, the state has enacted a plethora of sectorial legislations which in one way or another are merely related to food production rather than access or distribution. These interventions, even though somewhat well crafted and commendable, have been unable to adequately tackle the issue. Policies have, until recently not only been poorly operationalised and uncoordinated, but also fragmented. The problem is exacerbated by the lack of, or poor, communication between relevant government departments responsible for food security. It is against this backdrop that the chapter seeks to provide an in-depth analysis of these problems and interrogate possible remedies for addressing these burning issues.