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01 June 2018 Photo Mamosa Makaya
Dialogue on LGBTIQ rights in the legal profession reveals slow progress
Justice Edwin Cameron, Sivuyile Mphatheni and Maralize Conradie

The Black Lawyers Association, in collaboration with the Faculty of Law at the University of the Free State (UFS), held a public dialogue on the rights of the LGBTIQ+ community in the legal profession on 25 May, on the Bloemfontein Campus. On the panel were prominent activists for LGBTIQ+ rights, Justice Edwin Cameron, Judge of the Constitutional Court of South Africa; Maralize Conradie, UFS lecturer in Mercantile Law; and Sivuyile Mphatheni, a Law student and member of the Black Lawyers Association.

Liberal but not yet free
The Constitution of South Africa is considered to be one of the most liberal and inclusive in Africa and the world by protecting the rights of same-sex partnerships pertaining to family rights; marriage and adoption. Yet despite these provisions LGBTIQ+ legal professionals still experience discrimination in the workplace. “The LGBTIQ+ community should be regarded as a demonstration of the complexity of human nature, rather than a minority group,” said Conradie. She said the shift in mind-set could allow for more open dialogue, sharing of knowledge, building of trust, and upholding the rights of minority people. Speaking on behalf of law students, Sivuyile Mphatheni said that despite the many victories, there was still a long way to go to achieving full equality for the LGBTIQ+ community.

Discrimination still holding back society
Speaking to students from all walks of life, Justice Cameron gave a breakdown of various forms of discrimination and the effects they have on the human pysche. Actions such as racism, sexism, sexual harassment, the stigma of people living with HIV/Aids, and the upholding patriarchy in society all infringe on the rights of others, causing a society that is fraught with fear, hate and pain.
  
“South Africa is one of the most progressive countries in Africa regarding human rights, including freedom of speech,” said Justice Cameron. He added that unlike in some African countries where same-sex relationships are still criminalised, the youth of South Africa have a voice. He therefore encouraged students to use it to become change agents, and to eradicate discrimination of all forms.

The Black Lawyers Association, as thought leaders, held the event as a call to action to the entire UFS community to begin to sensitise those around them to the plight of the LGBTIQ+ in the law profession and in society as a whole.

News Archive

Human trafficking research demystifies juju practices
2017-10-28



Description: Human trafficking research  Tags: Human trafficking research

Human trafficking is a practice that exists
in many countries all over the world and
whose victims are sold as commodities
into a life of servitude and sex slavery.
Photo: iStock

Human trafficking is a complex crime that transcends cultural, religious and geographical barriers. It is a practice that exists in many countries all over the world and whose victims are sold as commodities into a life of servitude and sex slavery. 

Prof Beatri Kruger, Research Associate at the Free State Centre for Human Rights (FSCHR) at the UFS, has been exploring research related to the use of “juju” rituals used by perpetrators of human trafficking in South Africa and on the African continent. She joined the Centre for Human Rights in 2017, and was previously a law lecturer at the UFS Faculty of Law

She recently co-wrote Exploring juju and human trafficking: towards a demystified perspective and response in the South African Review of Sociology, alongside Marcel van der Watt of the Department of Police Practice at the University of South Africa (Unisa). 

The research explores juju and forms of witchcraft as a phenomenon, while illuminating some of the multilayered complexities associated with its use as a control mechanism. 

Prof Kruger and Van der Watt’s work is a step towards understanding how the practice of juju brings on a more complicated aspect of trafficking in persons in South Africa and how agencies working to combat this crime can understand it and be better equipped to stop the crime and assist victims. 

The findings of the research confirmed the use of juju as a combination of arcane methods used by Nigerian traffickers as a control measure. The term resonates with most participants, but included interchangeable references to witchcraft, voodoo, muti, black magic and curses. The victims of these rituals included women of black, coloured and Nigerian descent in South Africa. 

Nigerian traffickers operating in and between Nigeria, South Africa and European countries are steadily gaining momentum; it will take a concerted effort for multiple countries involved to take steps within their legal frameworks as well as academic spaces to come together to combat the crime cross-continentally.

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