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28 November 2018 | Story Charlene Stanley
Law home read more
Back row, from the left: Prof Danie Brand (Director of the Free State Centre for Human Rights), workshop co-organiser Helen Carr (Kent University), and Ellen Maphalane (home owner) with workshop participants during a visit to Ms Maphalane’s home, an example of alternatively constructed housing in Bloemfontein.

The body of a sixty-year-old homeless man is discovered in a tent on the outskirts of Canterbury, Kent, UK. Cursory research reveals that he had been refused a place on the council’s housing register and that he was a former member of the British armed forces – a group that makes up close to a quarter of the ‘rough sleepers’ in London. This raises questions about the complex relationship of politics, campaigning, gender, and welfare in homelessness law, policy, and practice.

Jump across the Atlantic Ocean to Klapmuts, Western Cape, South Africa, where beneficiaries of an RDP housing project are benefiting from the shelter provided in the form of private home ownership. Yet, they are not using these assets to its full potential, e.g. as security for credit to start or expand a business. This raises questions about whether the less expensive route of providing public housing with tenure security would not be a better option.

International workshop on housing

Diverse issues such as these came up for discussion as planners, geographers, architects, art historians, social activists, and lawyers recently met during a workshop at the University of the Free State to discuss what a home constitutes, and how best to provide and protect homes in a sustainable and inclusive manner in 21st century cities. The workshop was hosted by the Free State Centre for Human Rights on the Bloemfontein Campus.

Participants presented papers and engaged in discussions on home-related topics as diverse as Hannah Arendt’s conception of the intimate and political spheres; Henri Lefebvre’s notion of a right to the city; alternative, environmentally conscious building methods; court cases dealing with the concept of home; the right to a domestic garden as a component of the right to a home; and constructing the home as a subversive and empowering alternative when it comes to giving birth.

Going forward

The same group of participants will meet for a follow-up workshop at Kent University in the UK in February 2019, and a third workshop in Belo Horizonte in Brazil in June 2019, with the project culminating in the publication of an inter-disciplinary book containing the papers workshopped at the three events.

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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