This chapter introduces the main arguments of the book by exploring the case of Kizito Mihigo, a well-known popular singer who was imprisoned, was released, and later died while in police custody. It discusses the idiom of the heart – or, more particularly, the need to transform the heart – as key to understanding post-genocide social life and urban young people’s attempts to navigate a difficult political terrain. Instead of reproducing theoretical binaries – resistance–domination, sound–silence, past–present – this chapter proposes looking to popular culture and Pentecostalism in order to understand the different ways young people in Kigali attempt to assert agency and make ‘noise’ despite a wider context of silence.

Chapter 5 examines the ongoing rush for Burundi’s rare earths twenty-five years after the Arusha agreement that put an end to the violent conflict that tore the country apart from 1993. It argues that Burundi’s transition into an origination site leans on the legacy of colonial, post-independence and post-1993 rule of law reforms which together have fostered what Mamdani (1996) calls ‘decentralized despotism’. The conflicting position of lawyers as either representatives of authoritarian power or champions of the rule of law is embedded in a structural bifurcation of the Burundian legal field that enables corporate predation, like that of beer giants. According to their political and social resources, lawyers are positioned alternately as gatekeepers of the rent of exported commodities, or vulnerable to another type of extraversion, aid dependency. This bifurcation makes Burundi a Petri dish of the hyper violence generated by the hyperlegality of late capitalism.

This chapter focuses on the new sound economy that Pentecostalism brought to Rwanda after the genocide. It considers a wide range of Pentecostal sound practices – from noise-making to praise and worship to Pentecostal radio – and shows how sound was understood to be key to inner and outer transformation. Pentecostals drew a distinction between ‘godly’ and ‘secular’ media, which allowed some young singers to become ‘gospel stars’. This chapter equally focuses on the materiality of Pentecostal sounds – the work that sound does outside of its discursive properties – and places this within the wider sonic context of post-genocide Rwanda. The RPF state has increasingly cracked down on noise – associated both with the new churches and nightclubs – and in 2018 closed thousands of chruches across the country. Perhaps ironically, despite their differences, the new Pentecostal churches and the RPF state share a conviction of sound’s transformative power.

The Conclusion revisits the takeaway messages of the book’s research strategy and empirical inquiry. Lawyering Imperial Encounters tells the story of the relentless hangover of the past in the present. Law remains the vernacular of Africa’s uneven and unequal relationship with the world economy precisely because it is imprinted by the past Scrambles into the continent. Foremost, law’s position as the cutting edge of Africa’s relationship with capitalism reflects legal imperialism as a core variable in the deployment of power. This is illustrated by the conversion of Hong Kong as a gateway for the expansion of Chinese business interests abroad, which builds, itself, on the globalisation of the Wall Street model of the corporate law firm.

Chapter 1 lays out the book’s research strategy. Deploying a post-colonial critique of the terms of the relationship between the African South and the global economy requires questioning law’s double bind – as both enabler and bulwark against domination – and confronting ourselves to the imperial entanglement of scholarship (Steinmetz 2013). Building on Tilly’s trilogy of coercion-extraction-protection (1985), the chapter identifies two sets of variables deployed throughout the book to track the articulation between law, politics and capitalist expansion over time: the ‘double-edged protection’ produced by legal imperialism and the ‘middle power’ used by the British hegemon and competing imperial métropoles to justify colonialism and lessen social disruption and inter-imperial rivalries. Lastly, the chapter explains the book’s methodology. Zooming in and out to track imperial encounters at the scale of localities, institutions and global structures exposes pre-existing conflicts and contradictions that help understand ongoing conflicts and contradictions in late capitalism.

The Conclusion returns to the case of Kizito Mihigo and his tragic death in February 2020. It considers how his music reveals a certain politics of humanity, and the ways in which the RPF state tries to define who is and is not to be considered human. Returning to the theme of sound, noise, and silence, it sugggests the importance of taking sound seriously in Rwanda. Thinking more closely about sound – not only its discursive properities but its material ones as well – opens up new avenues for scholarship.

Chapter 2 argues that imperial powers (Britain, France and Belgium) deployed a similar strategy of legal imperialism during the nineteenth-century Scramble for Africa. Indirect rule operationalised the contradiction that colonial power was weak in its effective reach, yet strong in the systemic upheavals it engendered. It also fostered legal and capitalist unevenness, what Benton and Ford (2016) call ‘lumpiness’. The chapter focuses on three crisis situations that were ostensibly solved through juridical means: the 1920s Gold Coast conflicts before the Privy Council; the 1895 Stokes-Lothaire incident before the High Council of the Congo Free State; and pre-independence military trials in French and British colonies. Together, these judicial crises help account for structural commonalities in the articulation of post-independence African states with the world economy: the deployment of merchant law with and without state sovereignty and middling as a durable though variable sovereign resource of the post-colonial state.

Introduction

This chapter focuses on the other aspects of Sesotho grammar that were not covered in the previous chapters. The chapter explores the elements of Sesotho morphology and syntax that were acquired after the language diverged from its parent. In addition, the chapter explores the elements of figurative language that were introduced during this period.

Inherited Elements

The elements of the Sesotho morphology that were inherited from its parent include the noun system. Sesotho classifies nouns according to their prefixes (Machobane, Moloi & Demuth 2007). These prefixes determine the subject, object and possessive markers of the nouns (Seepheephe, Ekanjume-Ilongo & Thuube 2019). Also, similar to its parent and its ancestor, Proto-Bantu (PB), Sesotho is agglutinative. Another element that Sesotho inherited from its ancestor is the pro-drop element. The language permits sentences that do not have either a noun or a pronoun (Seepheephe, Ekanjume-Ilongo & Thuube 2019).

Changes to the Morphology and Syntax

Reduction in the Number of Noun Classes

The isolation from other Sotho-Tswana varieties led to several changes in the morphology and syntax of Sesotho. One major change occurred to the noun class system. During the course of its development, Sesotho dropped the prefix of Class 11, lo- and the class ceased to operate in the language. Consequently, Sesotho no longer has nouns that begin with the prefix lo-, save for a few words (Doke & Mofokeng 1991).

Introduction

The 18th and 19th centuries saw Sesotho make contact with other sets of languages – the three languages of European origin, namely, Afrikaans (and its ancestor Dutch), English and French. This chapter aims to explore the influence of these languages which left their mark on Sesotho.

The Influence of Contact with Afrikaans on Sesotho

Among the three languages of European origin, it was Afrikaans that first made contact with Sesotho and it was probably Afrikaans that, for the longest time, had the greatest influence on Sesotho (Rapeane 1997). The relationship between Sesotho and Afrikaans started in the 1700s when Afrikaans-speaking people of Khoisan origin started settling among and interacting with Sesotho-speaking people who lived in the former Orange Free State Province (now Free State) and the adjacent regions (Jolly 1994). As a matter of fact, some of the Afrikaans-speaking people who settled among the Basotho and have been identified as Khoisan, actually claimed a mixed ancestry of both Khoi and Dutch. For instance, people such as Jan Bloem and Thomas Baines who have been listed among people of Khoisan origin who settled among Sesotho-speaking people living in Free State in the 1700s, also boasted a Dutch ancestry.

The relationship between Sesotho and Afrikaans was boosted by the 1840 settlement of Afrikaners in Free State and nearby parts of Southern Africa after 1840. The Afrikaners were coming from the Western Cape Province, from where they were fleeing the rule of the English.

Introduction

As indicated in the previous chapters, the Khoisan family group had a long and deep relationship with both Sesotho and its ancestors. This chapter aims to outline the ways in which this long relationship has affected the structure of Sesotho. The main focus of the chapter is to uncover the Khoisan elements found in Sesotho and the eras in which these elements were incorporated.

The Timeline of Contact with the Khoisan Languages

The Khoisan elements found in Sesotho were borrowed during different times. Some elements were borrowed during the eras of Sesotho's ancestors, while others were incorporated into Sesotho after its divergence from the common ancestor of the Sotho-Tswana languages. Broadly speaking, the time-line for the incorporation of Khoisan elements into the grammars of Sesotho and its ancestors can be divided into three significant periods, namely: The Proto-South Eastern Bantu (PSEB) era; the era of the common ancestor of the Sotho-Tswana languages, Proto-Sotho (PS); and the era of Sesotho.

As indicated in Chapter 2, the PSEB era occurred during the first half of the first millennium AD. During this period, the group of Bantu-speaking people migrated from the Great Lakes Region and settled in the region south of the Zambezi River (see Chapter 2). Upon their arrival in this region, the Bantu-speaking people found some groups of Southern African Khoisan already living there (Ehret 1972). The Bantu-speaking people intermingled and traded with the more numerous Khoisan people they found in the region. Also, the Bantu-speaking people borrowed many ideas that were useful for surviving in the new environment from the native communities (Ehret 2008).

Introduction

After its long history, Sesotho gave birth to two languages, Silozi and Tsotsitaal. The two languages developed two centuries apart, with Silozi developing earlier than Tsotsitaal. Furthermore, they enjoy different status. While Silozi is regarded as a language in its own right, Tsotsitaal is regarded as an informal one and even a corruption of Sesotho by some people, while others, especially the youth, associate it with modernity and an urban lifestyle.

The Development of Silozi

Like its parent, this offshoot of Sesotho was born after another Bafokeng-led splinter in which a group of Bafokeng split from other Sesotho-speaking groups. The group, led by King Sebetwane (Silozi ‘Sibituane’), left the former Orange Free State Province (now Free State) around 1821 and after a long and adventurous trip that included the incorporation of several peoples – including the Tswana-Sotho groups found in Botswana and some Nguni-speaking ones – reached Zambia, which would become their new home, in 1836 (Roberts 1976). Figure 9.1 provides a map of Zambia that shows the Barotseland plain, where the majority of the Silozi speakers reside, along with the Barotseland University.

This group, which was dominated by Bafokeng of Patsa (Patsa, King Sebetwane's ancestor descended from Mare oa Phole, mentioned earlier as the ancestor of several Bafokeng clans) chose the modern-day Zambia as their home (Roberts 1976). In this region, the Fokeng-dominated group started interacting with Siluyana speakers.

Introduction

Another family of languages that has had a significant influence on Sesotho is the Nguni group. So great has been the influence of Nguni languages on Sesotho that it has been identified as one of the major factors that distinguish Sesotho from the other Sotho-Tswana languages. The 19th century linguistic Bleek (1858, 117) notes that

A century later, Auer (1971, 13) makes a similar comment, observing that ‘Southern Sotho … is the most deviant … [of Sotho-Tswana languages], influenced as it is predominantly from the Nguni-group’. As will be seen in the following sections, the heavy borrowing of Nguni items was brought about by the special relationship that Sesotho had with these languages.

Contact with the Nguni Languages

It has been indicated that the ancestor of Sotho-Tswana languages and the ancestor of Nguni languages – and the ancestors of all Southern Bantu languages – developed from closely related Prot-Bantu (PB) dialects that were offshoots of the Proto-South Eastern Bantu (PSEB). Initially, these languages developed together, with the Limpopo valley identified as the region where the ancestor of Sesotho and the ancestors of the other South Eastern Bantu (SEB) languages were initially spoken (Ehret 2008). The discrepancies between the ancestors of the SEB languages started to occur when the speakers of the languages migrated into different parts of Southern Africa.

Introduction

The divergence of Sesotho occurred after some speakers of the common ancestor of the Sotho-Tswana languages left the former Transvaal Province (now Gauteng) Highveld. The separation of this group from the other speakers of the common ancestor of the Sotho-Tswana languages had an effect on the variety they spoke. Developing in isolation from the other varieties of Sotho-Tswana, the variety spoken by this group, which would later be named Sesotho (or by its exonym of Southern Sotho), acquired features that would distinguish it from its ancestor and the other dialects of Sotho-Tswana. The situation affected all aspects of grammar – the phonology, the morphology, the syntax and the lexicon.

This chapter discusses these issues – the migration that led to the variety that eventually became the Sesotho language and the attributes acquired by this variety during the course of its development. However, due to the considerations of space, the chapter will limit itself to the phonology thereof. The other aspects of Sesotho grammar, such as its morphology, will be discussed in Chapter 5.

The Migration that Led to the Divergence of Sesotho

The migration that led to the divergence of Sesotho from the common ancestor of the Sotho-Tswana languages occurred around the early 15th century. During this period, some members of one of the most ancient Sotho-Tswana clans, the Bafokeng, crossed the Lekwa/Vaal River (also referred to as Noka e Tshehla – ‘Yellow River’ – by some Sesotho speakers) and came to settle in the region around Vrede in the former Orange Free State Province (now Free State) (Ellenberger & Macgregor 1912). In Free State, the Bafokeng intermingled with the San – Barwa

Introduction

The roots of Sesotho lie in West Africa, where the common ancestor of all the Bantu languages, Proto-Bantu (PB), was spoken. As its name suggests, PB is a proto-language; it is a hypothetical ancestral language whose existence is confirmed by languages that are regarded as its descendants. It is generally agreed that PB was spoken in the Grassfields Region in the borderland between Nigeria and Cameroon (Bostoen 2018). The language was spoken in this place around 5 000 years ago. It was the migration of PB speakers into different parts of Africa that led to the birth of the many offshoots of PB that would later give birth to the modern Bantu languages such as Sesotho (Bostoen 2018). Figure 1.1 shows the area where PB was spoken. The arrows show the migrations of early PB speakers which finally led to the birth of the modern Bantu languages.

The Evidence for PB

Although there are no written records of PB, there is strong evidence for both its existence and its migration into different regions of sub-Saharan Africa. First, the similarities between what are regarded as its descendants – the more than 400 Bantu languages – support the notion of a common ancestor (Bostoen 2018). All these languages have an elaborate nominal system that classifies nouns according to their prefixes. In addition, these languages have similar phonological systems, and their vocabularies show a high cognation, that is, there are many words with similar roots in these languages.

Introduction

The journey from Proto-Bantu (PB) to Sesotho involved the birth of several languages. The earliest of these ancestors of Sesotho is Eastern Bantu (EB), which was born after some speakers of PB dialects settled in East Africa. Next, there is Proto-South Eastern Bantu (PSEB), which diverged from EB following a southwards migration by some Bantu-speaking groups. Lastly, there is the common parent of all the Sotho-Tswana languages, which branched off the PSEB along with the ancestors of the other South Eastern Bantu (SEB) languages. Each of these ancestors of Sesotho has played a significant role in giving Sesotho its current structure, as will be shown by the discussion in this chapter. The chapter focuses on EB and PSEB and Chapter 3 will focus on the ancestor of the Sotho-Tswana languages.

The Formation of EB

The two ancestors of Sesotho, namely, EB and PSEB, were formed after the speakers of PB migrated into different parts of Africa. Initially, the movement from the Grasslands Region to the other parts of Africa was slow; the journey from this region to Yaoundé took around 2 000 years. It is estimated that the arrival of the Bantu-speaking groups in this region only occurred around 3500–3000 years ago (Bostoen 2018). After this, the pace of the migrations, which have been given the name Bantu Migration/Bantu Expansion, quickened. By 2 500 years ago, the groups speaking different PB dialects had reached the Congo Basin, West Central Africa and the Great Lakes Region of East Africa.