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16 September 2019 | Story Leonie Bolleurs | Photo Colin Stevenson
Dr Ana Stevenson
In terms of gender violence, Dr Ana Stevenson says change has only occurred because of the willingness of some, especially feminist activists, to take a stand against community complacency. Pictured here, she speaks about the book in Rockhampton, Queensland, Australia.

“Gender violence has gained renewed public visibility in South Africa over the past weeks due to the horrific murder of undergraduate womxn (the term/spelling used by activists during the recent marches) from the University of Cape Town and the University of the Western Cape. These tragedies followed the longer history of high-profile cases of gender-based violence, where violated young womxn become the focus of intense media analysis – sometimes sympathetic, but often characterised by victim blaming.” 

These are the words of Dr Ana Stevenson, postdoctoral research fellow in the International Studies Group in the Faculty of the Humanities at the University of the Free State (UFS).

She believes that most media commentary and policymaking are rarely contextualised in terms of the long history of gender violence. A recent edited collection, Gender Violence in Australia: Historical Perspectives (Monash University Publishing, 2019), which she co-edited with her colleague, Dr Alana Piper (University of Technology Sydney), seeks to bring historical context to contemporary discussions about gender violence.

Dr Stevenson, an Australian historian of social movements, joined the International Studies Group in 2016. With her research, she examines the lives and writings of activist women in feminist and anti-racist social movements in South Africa as well as in Australia and the United States. 

She considers herself fortunate to have been offered the opportunity to live and work in South Africa during this era of student activism on campuses across the country.

Words alone are not enough

Other South African scholars have turned their attention to gender violence in recent years. Rape and other forms of sexual violence are chronically underreported in South Africa, a problem that also exists in other national contexts. Victims simply do not feel safe enough to report their experiences to the police, says Prof Pumla Dineo Gqola, author of Rape: A South African Nightmare (Jacana Media, 2015).

Dr Stevenson adds: “Despite public outcry, the emergence of new victims suggests that the cultural shifts which are needed to transform the violent behaviours that disproportionately affect the lives of womxn, have sadly not been achieved. The marches in solidarity across many university campuses, including at the UFS, are certainly a step in the right direction, as is the UFS’s renewed commitment to eradicating all forms of gender-based violence.”

However, according to her edited collection, words alone are not enough. 

She believes that greater public awareness can only help to address the problem to a degree. “What is needed in addition to initiatives that seek to effect cultural and behavioural change among perpetrators, is ongoing and dedicated funding for rape crisis centres and other support services for those who encounter gender violence,” Dr Stevenson says.Book cover

Taking a stand against complacency

Gender Violence in Australia indicates exactly where violent behaviours come from and seeks to illustrate how they have been rationalised over time. “It is important to recognise that change has only occurred because of the willingness of some, most especially feminist activists, to take a stand against community complacency. We hope that, in identifying these patterns over a period of more than 150 years, our collection will be useful for policymakers, politicians, and the media, as histories of violence are intimately connected to understanding how gender violence operates in the present.”    

“Our collection hopes to make the important first steps in assembling a history that builds on the work of feminist historians, whose earlier research about gender violence in Australia examined the phenomenon in various contexts. In doing so, we bring together the analysis of domestic, family, sexual, institutional, economic, psychological, structural, and state violence to identify the important links between historical legacies and the contemporary moment. Making the connections between past and present explicit, offers the opportunity to track the changes and continuities that shape our understanding of gender violence today.”

Dr Stevenson strongly believes that womxn are not to blame, and that they must keep raising their voices to make themselves heard. She supports Prof Gqola, who said: “A future free of rape and violence is one we deserve, and one we must create.”

• Womxn: According to the Urban Dictionary, it is a spelling of ‘women’ which is a more inclusive, progressive term that not only sheds light on the prejudice, discrimination, and institutional barriers womxn have faced, but to also show that womxn are not the extension of men but their own free and separate entities. 

News Archive

The failure of the law
2004-06-04

 

Written by Lacea Loader

- Call for the protection of consumers’ and tax payers rights against corporate companies

An expert in commercial law has called for reforms to the Companies Act to protect the rights of consumers and investors.

“Consumers and tax payers are lulled into thinking the law protects them when it definitely does not,” said Prof Dines Gihwala this week during his inaugural lecture at the University of the Free State’s (UFS).

Prof Gihwala, vice-chairperson of the UFS Council, was inaugurated as extraordinary professor in commercial law at the UFS’s Faculty of Law.

He said that consumers, tax payers and shareholders think they can look to the law for an effective curb on the enormous power for ill that big business wields.

“Once the public is involved, the activities of big business must be controlled and regulated. It is the responsibility of the law to oversee and supervise such control and regulation,” said Prof Gihwala.

He said that, when undesirable consequences occur despite laws enacted specifically to prevent such results, it must be fair to suggest that the law has failed.

“The actual perpetrators of the undesirable behaviour seldom pay for it in any sense, not even when criminal conduct is involved. If directors of companies are criminally charged and convicted, the penalty is invariably a fine imposed on the company. So, ironically, it is the money of tax payers that is spent on investigating criminal conduct, formulating charges and ultimately prosecuting the culprits involved in corporate malpractice,” said Prof Gihwala.

According to Prof Gihwala the law continuously fails to hold companies meaningfully accountable to good and honest business values.

“Insider trading is a crime and, although legislation was introduced in 1998 to curb it, not a single successful criminal prosecution has taken place. While the law appears to be offering the public protection against unacceptable business behaviour, it does no such thing – the law cannot act as a deterrent if it is inadequate or not being enforced,” he said.

The government believed it was important to facilitate access to the country’s economic resources by those who had been denied it in the past. The Broad Based Economic Empowerment Act of 2003 (BBEE), is legislation to do just that. “We should be asking ourselves whether it is really possible for an individual, handicapped by the inequities of the past, to compete in the real business world even though the BBEE Act is now part of the law?,” said Prof Gihwala.

Prof Gihwala said that judges prefer to follow precedent instead of taking bold initiative. “Following precedent is safe at a personal level. To do so will elicit no outcry of disapproval and one’s professional reputation is protected. The law needs to evolve and it is the responsibility of the judiciary to see that it happens in an orderly fashion. Courts often take the easy way out, and when the opportunity to be bold and creative presents itself, it is ignored,” he said.

“Perhaps we are expecting too much from the courts. If changes are to be made to the level of protection to the investing public by the law, Parliament must play its proper role. It is desirable for Parliament to be proactive. Those tasked with the responsibility of rewriting our Companies Act should be bold and imaginative. They should remove once and for all those parts of our common law which frustrate the ideals of our Constitution, and in particular those which conflict with the principles of the BBEE Act,” said Prof Gihwala.

According to Prof Gihwala, the following reforms are necessary:

• establishing a unit that is part of the office of the Registrar of Companies to bolster a whole inspectorate in regard to companies’ affairs;
• companies who are liable to pay a fine or fines, should have the right to take action to recover that fine from those responsible for the conduct;
• and serious transgression of the law should allow for imprisonment only – there should be no room for the payment of fines.
 

Prof Gihwala ended the lecture by saying: “If the opportunity to re-work the Companies Act is not grabbed with both hands, we will witness yet another failure in the law. Even more people will come to believe that the law is stupid and that it has made fools of them. And that would be the worst possible news in our developing democracy, where we are struggling to ensure that the Rule of Law prevails and that every one of us has respect for the law”.

 

 

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