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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

Emma Sadleir talks about social media etiquette
2016-05-18

Description: Emma Sadlier Tags: Emma Sadlier

Emma Sadleir
Photo: Supplied

“We have all become celebrities, we have become social figures because of our power to publish information. We have all become brands, and we need to protect our brand. Digital content is sometimes dangerous content,” said Sadleir.

On 11 May 2016, the University of the Free State, in collaboration with the Postgraduate School, hosted, Emma Sadleir, a leading social media expert, in the Equitas Auditorium on the Bloemfontein Campus. She is an admitted advocate, specialising in social media law.  Dr Henriette van den Berg, Director of the Postgraduate School, described Sadleir’s presentation as a privilege for all the staff and students who attended.

Sadleir said that there are two important rules that staff and students of an institution should try to follow. The first is not to bring the name of the institution into disrepute; and the second is not to breach the goodwill of the institution or, in other words, not to bite the hand that feeds you.

“The common law, even if there is no policy, is that anything that brings the company into disrepute can lead to disciplinary consequences up to termination,” said Sadleir.

Sadleir focused on hate speech and free speech, stating that free speech is a right that is entrenched in the constitution, but, like every other right, it has limitations. She mentioned Penny Sparrow, Matt Theunissen, Velaphi Khumalo, and Judge Mabel Jansen, all of whom have been lambasted by the public over their racist posts on social media. Sadleir stressed that, even on social media, content has to be within the confines of the law, and people must remember our rights are not absolute. We have a lot of freedoms, but no one cannot disseminate hate speech.

“Would you publish whatever you thinking on a billboard, close to a busy highway with your name, picture and employers details or the institution you studying at? If you have no grounds to justify the comment, do not post it,” warned Sadlier.  

According to the South African Bill of Rights, everyone has the right to privacy, but an expectation of privacy has to be enforced. She said people over-document their lives on social media, decreasing your right to privacy drastically. “It is like CCTV footage of your life. It is simple, the more you take care of your privacy, the more you have,” said Sadleir.

Sadleir said it was important for Facebook users to have privacy settings where they can review posts where they are tagged. According to Sadleir, managing your reputation is not only limited to what you post about yourself but also managing what others post about you.

She cited a 2013 case in the Pretoria High Court in which a new wife wrote a scandalous Facebook post about her husband’s ex-wife, tagging the husband in the post. The courts found both the new wife and the husband guilty of defamation.

“If you have been tagged in something but have not been online and seen the content, you are then an innocent disseminator. The moment you are aware of the post you are liable for the content,” said Sadleir.

“It takes 20 years to build a reputation and five minutes to ruin it. If you think about that, you'll do things differently,” Sadleir said, concluding her presentation with the quotation from Warren Buffet.

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