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03 April 2018 Photo Valentino Ndaba
Stanley Trapido seminar interrogates being Chinese in SA
Miyanda Simabwachi (PhD student), Prof Karen Harris (guest speaker), Eleanor Born-Swart (PhD student), and Prof Neil Roos of the International Studies Group at the Stanley Trapido seminar.

Speaking at the Stanley Trapido seminar hosted by the International Studies Group, Prof Karen Harris from the University of Pretoria’s Department of Historical and Heritage, underscored how South Africa-born Chinese (SABCs) have historically been relegated to the periphery of South African society as far as access to opportunities is concerned. She presented a paper titled: “BEE-ing Chinese in South Africa: Black not White?” at the second seminar in the annual series on Monday 19 March 2018 at the Bloemfontein Campus of the University of the Free State (UFS).

“Chinese are not black enough under the new government and were not white enough under the old government,” said Prof Harris who specialises in the field of overseas Chinese studies as well as heritage tourism. Her paper focused on how this miniscule population group suffered discrimination under segregation and apartheid, and has continued to experience systematic discrimination in relation to education, employment, ownership of property, trading business and voting rights, separate amenities, freedom of movement and marriage, over a period of three centuries.

Prof Harris argued that the manner in which Chinese were treated pre-1994 is similar in the democratic dispensation. “They still have no rights and no place in the broader South African society.”

To drive her point home, Prof Harris made reference to legislations, namely the Broad Based Black Economic Empowerment and the Employment Equity acts. These laws were an attempt to promote equity and fairness in the labour market and trade, to give members of society who were discriminated against access to employment opportunities across the board post-apartheid. However, the discord ensued when the Chinese discovered that they were not accommodated in this deal, despite being categorised as previously disadvantaged.

Passive resistance towards these injustices reached an apex during a 2008 High Court case which led to 18 June being declared Dignity Day by SABCs. Prof Harris recounts this history as follows: “On 18 June we have the Chinese locals being declared black by Judge Cynthia Pretorius. It was claimed that according to the decision the Chinese fell in the definition of black people in the constitution, allowing them to now enjoy the full benefits of black economic empowerment.”

These prestigious annual seminars serve to honour the life and work of Stanley Trapido – a leading South African historian and Oxford University lecturer. Trapido’s personal library was donated to UFS on his death.

News Archive

Democracy and traditional leadership in rural areas explored
2017-09-22

Description: Democracy Tags: Democracy, customary law, human rights, research, constitution 

Prof Lungisile Ntsebeza, recipient of the NRF Hamilton
Naki Award
Photo: Supplied


The Free State Centre for Human Rights held a presentation by Prof Lungisile Ntsebeza on 7 September 2017 at the University of the Free State (UFS) Bloemfontein Campus on the topic of democracy and traditional leadership in rural areas. Prof Ntsebeza is the holder of the AC Jordan Chair in African Studies at the University of Cape Town and the holder of the National Research Foundation (NRF) Research Chair in Land Reform and Democracy in South Africa. 

Conflict between democracy and traditional rule
The topic of democracy and traditional leadership in the rural areas is an example of the tension between democracy and customary law governing the appointment of traditional leaders (headmen) that is currently at play in many parts of the country. Prof Ntsebeza made reference to a court case in the Eastern Cape, where a community successfully challenged the appointment of a headman by the royal family of the area. The contention was whether royal families could appoint headmen in rural communities or if those communities ought to democratically elect their own leaders. He argued that in this specific case, the democratic imperatives of the Constitution did not conflict with customary law because of the particular communal practice of electing leaders. 

The Constitution and customary law

The Constitution of South Africa recognises customary law provisions which are not in conflict with its fundamental values. Difficult legitimacy problems may arise where customary practices are different from those governing this particular case. Ultimately the Constitutional Court would be called upon to resolve inherent tensions and develop customary law in line with the direction foreseen in the Constitution.

Student engagement as a vehicle for change
The event was attended by UFS staff and fourth-year LLB students in the Faculty of Law, and was funded by the Free State Centre for Human Rights at UFS. The programme is one of several that the centre seeks to utilise in engaging students with researchers and scholars in the field of law and human rights. Prof Ntsebeza has given academic presentations on various related and trending topics in the current academic climate, such as decolonising the curriculum, Cecil John Rhodes and others. He was recently awarded the Hamilton Naki Award at the 2017 National Research Foundation Awards.

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