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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

‘Is the South African university curriculum ‘colonial'?’ asks Prof Jansen
2017-11-24

Description: Jansen readmore Tags: Prof Jonathan Jansen, colonial, university curriculum, western knowledge

From left; Prof Corli Witthuhn, Vice-Rector: Research; former Rector and Vice-
Chancellor of the UFS, Prof Jonathan Jansen; Prof Michael Levitt, and
Prof Francis Petersen at the celebration lecture at the UFS.
Photo: Johan Roux

One of the critical issues that emerged from the South African student protests during 2015 and 2016 was a demand for the decolonisation of university curriculums. 

A senior professor at the Stellenbosch University, Prof Jonathan Jansen, said the number of people, including academics, who joined the cause without adequately interrogating the language of this protest, was astonishing. “The role of social scientists is to investigate new ideas … when something is presented to the world as truth.” Prof Jansen was speaking during a celebration lecture at the University of the Free State in Bloemfontein on 15 November 2017. 

Large amount of knowledge not African

He said the accusation is correct to a limited degree. “The objection, in essence, is against the centring of Western, and especially European knowledge, in institutional curricula.” There is no doubt that most of what constitutes curriculum knowledge in South African universities, and in universities around the world, derive from the West. “The major theories and theorists, the methodologists and methods are disproportionally situated outside of the developing world,” Prof Jansen said. 

The dilemma is, how will South Africa and the continent change the locus of knowledge production, considering the deteriorating state of public universities? “In the absence of vibrant, original, and creative knowledge production systems in Africa and South Africa, where will this African-centred or African-led curriculum theory come from,” Jansen asked. He says the re-centring of a curriculum needs scholars with significant post-doctoral experiences that are rooted in the study of education and endowed with the critical independence of thought. “South Africa's universities are not places where scholars can think. South African universities’ current primary occupation is security and police dogs,” Prof Jansen said. 

Collaboration between African and Western scholars
“Despite the challenges, not everything was stuck in the past,” Prof Jansen said. South African scholars now lead major research programmes in the country intellectually. The common thread between these projects is that the content is African in the subjects of study, and the work reflects collaboration with academics in the rest of the world. These research projects attract postgraduate students from the West, and the research increasingly affects curriculum transformations across university departments. There is also an ongoing shift in the locus of authority for knowledge production within leading universities in South Africa. Prof Jansen feels a significant problem that is being ignored in the curriculum debate, is the concern about the knowledge of the future. How does South Africa prepare its young for the opportunities provided by the groundswell of technological innovation? “In other parts of the world, school children are learning coding, artificial intelligence, and automation on a large scale. They are introduced to neuroscience and applied mathematics,” he said.

Prof Jansen said, in contrast, in South Africa the debate focuses on the merits of mathematics literacy, and what to do with dead people’s statues.

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