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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

Forgive and forget? Or remember and retaliate?
2015-10-08

Cover of the novel Kamphoer

Fact and fiction came together at the Bloemfontein Campus recently to discuss the traumatic repercussions of the South African War. The event forms part of a three-year project – headed by Prof Pumla Gobodo-Madikizela (University of the Free State Trauma, Forgiveness, and Reconciliation Studies) – which investigates transgenerational trauma in the aftermath of the South African War.

The discussion explored the theme, ‘Working through the Past: Reflections on the novel Kamphoer’.

Together, Emeritus Prof Chris van der Merwe (University of Cape Town) and the author of the novel, Dr Francois Smith (University of the Free State, Department Afrikaans and Dutch, German and French), engaged in a thought-provoking, insightful conversation, tracing themes of trauma and issues of forgiveness presented in Kamphoer. Prof Van der Merwe and Dr Smith demonstrated how both fiction and historical fact can inform our present, and guide us into the future.

Emeritus Prof Chris van der Merwe and Dr Francois Smith
discuss the novel Kamphoer and how the book relates to
current issues of transgenerational trauma.

“On a societal level,” Prof Van der Merwe said, “we need to work through trauma by putting it into words, and putting it into a narrative.” When it comes to historical trauma, should we forgive and forget, though? Or rather remember and retaliate? Neither, proposed Prof Van der Merwe. “What I want to plead for is the difficult challenge: remember and forgive.” But Prof Van der Merwe also pointed out that, although forgiveness blesses both the giver and receiver, it is an ongoing process.

Dr Smith agreed wholeheartedly. “One of the discoveries of my book is that forgiving is a continuous process. It’s not something that gets completed at a particular stage in your life. By the same token, you can’t say that you are ever able to leave the past behind.” These issues of trauma, forgiveness, the past versus the present, remembering and forgetting are all integral questions confronting the main character of the novel, Susan Nel .

They are also questions we, as a nation, are currently confronted with, too.

“At this moment in our society,” Prof Van der Merwe said, “we have enough killers. We have a greater need now for caring nurturers.”

 

 

 

 

 

 

 

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