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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

UFS lodges appeal against judgment handed down on 12 September 2016 regarding its new Language Policy
2016-09-16

The University of the Free State (UFS) takes cognisance of the decision of the High Court in Bloemfontein on Monday 12 September 2016 in respect of the AfriForum and Solidarity application to halt the implementation of the UFS’ new Language Policy, pending the finalisation of the appeal process.

The legal advice received by the university management is that the 21 July 2016 judgment, with respect, errs in a number of areas and thereby sets legal precedent which is problematic. Furthermore, the Full Bench stated on Monday in a second application that they had been persuaded that compelling reasons existed that another court might come to a different decision, thereby granting the UFS leave to appeal the 21 July 2016 judgment.

The UFS has, under the circumstances, lodged an appeal in the Supreme Court of Appeal against the order and reasons therefore handed down on 12 September 2016, which allows the implementation of its earlier judgment.

The UFS further intends to lodge an appeal to the Supreme Court of Appeal against the judgment of 21 July 2016, if direct access is not granted by the Constitutional Court, in order to protect its interests as well as the interests of its community.

Related articles:
Implications of new Language Policy for first-year students in 2017: 17 October 2016
UFS to proceed with appealing to Supreme Court of Appeal regarding new Language Policy: 29 September 2016
UFS to lodge application to appeal judgment about new Language Policy: 22 July 2016
High Court ruling about new UFS Language Policy: 21 July 2016
UFS Council approves a new Language Policy: 11 March 2016

 
Released by:
Lacea Loader (Director: Communication and Brand Management)
Telephone: +27 51 401 2584 | +27 83 645 2454
Email: news@ufs.ac.za | loaderl@ufs.ac.za
Fax: +27 51 444 6393

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