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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

Student Court is ready to exercise its legal power
2015-09-07

 

Student disputes at the University of the Free State (UFS) will be regulated henceforth by the Student Court that has been re-established at the Bloemfontein Campus. The Student Court will offer practical training to law students thus strengthening their theoretical knowledge to produce employable graduates.

The Student Court was launched on Friday 21 August 2015, cultivating a self-determined studentship and citizenship, of which South Africa can be proud.

Advocate Barry Roux, Oscar Pistorius’s defence attorney, Judge Lebotsang Bosielo, of the South African Supreme Court of Appeal, Profs Caroline Nicholson, Dean of the Faculty of Law, and Teuns Verschoor,  Chairperson of the UFS  Disciplinary Board, attended this auspicious event.

During his keynote address, Adv. Roux said the Student Court serves as a stepping-stone in the practice of integrity, respect, and preparedness within the law profession.

“Young professionals have a mandate to excel. No matter what, stick to honesty and the truth. If you want to be a role model and make your family proud, do more.” he advised.

Judge Lebotsang Bosielo urged students to use “the rare opportunity to practise and uphold the law with austerity.”

“You should broaden the knowledge of substantive law, law of evidence, procedural law, and the Constitution of South Africa. Opportunities such as the Student Court enable law students to strengthen the practice of theory beyond the parameters of the lecture rooms,” he emphasised.

The re-establishment of the Student Court was initiated by Lindokuhle Ntuli, Student Representative Council (SRC) member on Legal and Constitutional Affairs. The UFS Council approved the proposal for the court in 2006, but it had remained inactive since then. It was not until 2014 when Lindokuhle assumed office that the concept was revived.

“As an independent body, the Student Court is ready to exercise its legal powers with the aim of establishing a student community and a culture of student governance committed to justice, equality, and accountability,” he said.


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