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13 November 2018
Photo Moeketsi Mogotsi
President Cyril Ramaphosa recently announced that South Africa will launch a national strategic plan to tackle gender-based violence (GBV) after years of lobbying by activists. Speaking at the Presidential GBV Summit, the head of state commended activists who called for a nationwide shut down in August in response to high levels of GBV and femicide in the country. He says the government is now reviewing national GBV plans and will develop a national action plan.
Activism at the UFS
One of the efforts launched by the University of the Free State’s (UFS) Gender and Sexual Equity (GSE) Office in the fight against this plague is the # RESPECTME campaign. From 11 to 26 October 2018, the university held its own 16 Days of Activism.
Geraldine Lengau of the GSE Office believes that minority groups deserve the same amount of respect as all other citizens of this country, which is the core concept of the campaign. “The Campaign is a loudhailer to say, ‘just because I am different from you’, be it gender or sexuality, it doesn’t mean that I deserve any less respect,” she highlighted.
Lengau added: “Activism will forever remain important on our campuses as it creates an environment where the community is made aware of matters that would otherwise not have mattered had they not been publicised. Also activism becomes all the more important in advancing the university’s strategic plan.”
Policies advocating against GBV
As stipulated in the UFS Sexual Harassment, Misconduct and Sexual Violence Policy the university strongly believes in the principle of human dignity that is entrenched in the Constitution of South Africa (1996) which resolves to ensure a safe working and study environment for students.
Student Affairs also led a campaign which aimed to highlight the ongoing scourge of sexual and gender-based violence, in line with the policy. “The university is working relentlessly at endorsing the aspects and characteristic traits of respect amongst all of its stakeholders in an effort to reduce the notion of gender-based violence,” said the Dean of Student Affairs, Pura Mgolombane.
Wrongful suffering must be compensated, Prof Johann Neethling argues
2016-04-20
From the left are Prof Jonathan Jansen, Vice-Chancellor and Rector, Prof Caroline Nicholson, Dean of the Faculty of Law, Prof Neethling, Prof Rita-Marie Jansen, Vice-Dean, and Dr Brand Claassen, Head of the Department of Private Law. Photos: Stephen Collett
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On 11 April, the Faculty of Law held the first of the year’s series of Prestige Lectures presented by Prof Johann Neethling, Senior Professor in the Department of Private Law. The event was attended by senior faculty members, the Dean of Law Prof, Caroline Nicholson, and the Vice-Chancellor and Rector, Prof Jonathan Jansen.
In his opening remarks, Prof Jansen said “Prestige lectures are at the heart of a university’s academic endeavour. It would serve the university community well to present them more often, as they go to the heart of important issues that affect society”
Prof Neethling made a compelling case for compensation for wrongful suffering by a child born with impairments. Since the mid-1960s, the actions of wrongful conception and wrongful birth have been recognised in South African law. Wrongful conception is defined as when a healthy child is born as a result of failed sterilisation or abortion, and wrongful birth is when a doctor fails to inform parents of a disability before the birth of their child.
“The reality is that a child born with impairments may indeed suffer (sometimes extreme) pain, loss of amenities of life, which would justify an award of damages,” he said.
So far, the action for wrongful suffering has been dismissed by the High Court and the Supreme Court of Appeal. However, he highlighted several cases where wrongful conception and wrongful birth was recognised by the courts.
“Why can the same approach (for wrongful conception and wrongful birth) not be followed in wrongful suffering claims by accepting that a disabled child seeks to address the consequences of its birth?” he asked.
Prof Neethling is regarded as one of the greatest minds in Private Law, not only in South Africa but in the African continent.
A festschrift, Essays in Honour of Johann Neethling (2015), with contributions from more than 50 of his peers around the world, was also launched at the lecture.