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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

Resource Manual on Trafficking in Persons for Judicial Officers sees the light
2012-03-27

 

Judge Connie Mocumi, President of the South African Chapter of the International Association of Women Judges (SAC-IAWJ), during the launch of the Resource Manual on Trafficking in Persons for Judicial Officers.
Photo: Leonie Bolleurs
27 March 2012

On Human Rights Day the Department of Criminal and Medical Law in the Faculty of Law at the University of the Free State (UFS) hosted the launch of the Resource Manual on Trafficking in Persons for Judicial Officers compiled by the South African Chapter of the International Association of Women Judges (SAC-IAWJ).

The manual, which will be used by members of the South African judiciary, will equip officials in adjudicating the multifaceted crime of human trafficking.

“Presiding officers must be sensitised about the complexity of the crime. Human trafficking has many faces and presents itself in different ways. A person may for example be trafficked for sexual exploitation, forced labour, the removal of body parts, as well as forced marriages. Expert knowledge is needed to handle these cases effectively in court,” said Dr Kruger, also responsible for the human trafficking initiative in the Unit for Children's Rights at the UFS.

Prior to the launch, a total number of 300 judicial officers, including six judges from the Southern African Development Community (SADC) received training on human trafficking. After receiving this training, the officers were sensitised to scrutinise domestic violence cases as well as inter-country adoption cases in order to identify possible human trafficking activities.

As keynote speaker at the launch, Dr Beatri Kruger from the Department of Criminal and Medical Law at the UFS, said that human traffickers were running operations like a well-oiled machine. They have abundant and sophisticated resources and often bribe corrupt officials to further their criminal activities. In South Africa, people combating human trafficking struggle with a lack of resources as well as comprehensive legislation. Most cases are prosecuted under the Children’s Act and the Sexual Offences Amendment Act of 2007. Unfortunately, this legislation still leaves a gap in the prosecuting of perpetrators. Only trafficking cases where where children are trafficked can be prosecuted under the Children’s Act. In terms of the Sexual Offences Amendment Act perpetrators can be prosecuted for trafficking persons for sexual exploitation only, and not for labour of other forms of trafficking. Therefore the comprehensive Prevention and Combating of Trafficking in Persons Bill 2010 needs to be finalised to cover all forms of trafficking.

There are more slaves today than at any time in the history of humankind. “To combat this serious problem, we need to follow a holistic approach,” said Dr Kruger. This includes prevention (raising awareness), effective prosecution and suitable punishment, the protection of victims, and partnering with all relevant stakeholders, including people in the communities. Community members are often whistle blowers of this crime.

The President of the SAC-IAWJ, Judge Connie Mocumi, handed copies of the manual, a three-year project, to judicial officers present at the launch. The manual covers, among others, the definition of trafficking in persons, trafficking in persons in South Africa and the Southern African region, a legislative framework, victims’ rights and criminal proceedings.

“It is critical that judicial officers appreciate the phenomenon of trafficking in persons in its broader socio-economic context. Therein lays the ability to deal competently with the often-nuanced manifestation of this scourge. The incapacity to recognise these nuances can deny victims access to justice. In that regard, the manual, amongst others, is to become an important empowering adjudication tool for judicial officers,” said Judge Mocumi.

More copies will be printed and be ready for distribution by the beginning of May this year.

Judge Belinda van Heerden, who also attended the launch, said: “There is progress on the judicial and legislative front to bring wrongdoers to book. This manual will go a long way in giving judicial officers insight into the problem.”

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