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20 August 2020 | Story Dr Nadine Lake | Photo Supplied
Dr Nadine Lake is a lecturer and Programme Director of the Gender Studies programme in the Centre for Gender and Africa Studies

The transition to democracy in South Africa has been characterised by an uphill battle towards equality. Inequalities shaped by race, gender, and class politics have been amplified since the outbreak of COVID-19. While South Africans initially thought they might be spared the devastation wrought by the virus, it is now certain that nobody is immune, regardless of race, class, age, gender, or social location. In an unprecedented manner, South Africans have become accustomed to hearing from government through President Cyril Ramaphosa’s state addresses on COVID-19 and its spread throughout the country. Although the initial national addresses were regarded as a panacea for some in a time of uncertainty, they are increasingly considered ignorant of broader human rights and the future of the populace. The South African situation is different from those struggling with the pandemic in the Global North, because of structural inequalities that have exacerbated an already precarious outlook on the economic and social stability of the country.

Gender-based violence needs immediate attention

In addition to recently emphasising a zero-tolerance attitude towards corruption in South Africa, President Ramaphosa surprised the nation when he emphasised that our country is dealing with two pandemics. First, COVID-19 has laid bare the slow pace of economic transformation and a crumbling health infrastructure. Second, gender-based violence has emerged as something that needs immediate attention. While it is true that gender-based violence has been and remains a burning issue in the country, it is important to identify the paradox that exists between the liberal agenda couched in the language of women’s rights on the one hand, and the blind eye turned towards slow economic transformation and high unemployment on the other. This emphasis on a liberal political agenda during a time of crisis is not new and has formed part of what we have come to know as political pinkwashing in Western democracies. Pinkwashing has been defined as a practice whereby states seek to create a more positive image of their nation, government, and human rights record, among other things, by speaking about and promoting LGBT rights (Lind, 2014, p. 602). While the African National Congress (ANC) may not be ready to fly the rainbow flag, it is worth noting the tensions between human rights and women’s rights, which have become part of political discourse, or more accurately, politicking. 

GBV and rape culture part of the social fabric

South Africa is reported as the country with the highest rape statistics in the world. In 2018/2019, the South African Police Services reported 52 420 cases of sexual offences. Non-profit organisations such as the One in Nine Campaign, however, highlight that only one in nine women report a sexual offence, and therefore a realistic estimate is likely much higher than the recorded statistics. Furthermore, according to a survey conducted by the South African Medical Research Council, one in four South African men have admitted to committing rape. These statistics demonstrate that gender-based violence and rape culture form part of the social fabric and that women are disproportionately affected by violence. In the first week of the South African lockdown, more than 87 000 cases of gender-based violence complaints were reported. One of the rape cases that received prominent media attention during the first phase of the lockdown, was that of a police officer who raped his wife. The Minister of Police, Bheki Cele, quickly gained the reputation of a rape apologist when he stated that the man who raped his wife was her husband and not the police, because he was not in a police uniform, and the rape did not happen at the police station. This absurd response reinforces common rape myths and reduces the seriousness of sexual offences. Although opposition political parties such as the Democratic Alliance (DA) have called for the removal of Minister Cele, who was deemed unfit for office, these calls have fallen on deaf ears. The message conveyed is that men in positions of authority are exempt from punishment and speak and act with impunity when it comes to sexual violence. 

#MeToo

Gender-based violence and rape is not specific to South Africa. The normative position of violence against women is widespread and deeply entrenched in institutions, cultures, and traditions worldwide. Movements such as #MeToo, which emerged in 2017 as an outcry against sexual violence and abuse, gained rapid momentum and started to see the prosecution of sexual predators such as Harvey Weinstein and Jeffrey Epstein in the United States. The global solidarity against sexual abuse shown by women on social media has shown that relentless pressure on patriarchal systems forces accountability, and refuses men permission to perpetrate violence against women with impunity.

As we reflect on Women’s Month 2020 in South Africa, it is necessary to observe a moment of silence to victims of sexual abuse and femicide. We pay respect to Fezekile Khuzwayo, Uyinene Mrwetyana, Tshegofatso Pule, Naledi Phangindawo, Nompumelelo Tshaka, Nomfazi Gabada, Nwabisa Mgwandela, Altecia Kortjie, and Lindelwa Peni, and the many other women who have suffered misogynistic violence. Women’s Month provides us with the opportunity to take hands and speak out against the micro-aggressions and brutal acts of gender-based violence that should not form part of what we define as a truly democratic South Africa. 

Opinion article by Dr Nadine Lake, lecturer and Programme Director of the Gender Studies programme in the Centre for Gender and Africa Studies, University of the Free State


News Archive

Twenty years of the constitution of South Africa – cause for celebration and reflection
2016-05-11

Description: Judge Azar Cachalia Tags: Judge Azar Cachalia

Judge Azar Cachalia

The University of the Free State’s Centre for Human Rights and the Faculty of Law held the celebration of the twentieth anniversary of the adoption of the South African Constitution on 11 May 2016 on the Bloemfontein Campus.  Students and faculty members celebrated and reflected on not only the achievements of the constitution but also on perspectives regarding its relevance in modern society, and to what extent it has upheld the human rights of all citizens of South Africa.

The panel discussion started with a presentation on the pre-1996 perspective by Judge Azar Cachalia of the Supreme Court of Appeal.  Judge Cachalia reflected on his role in the realisation and upholding of the constitution, from his days as a student activist, then as an attorney representing detainees during political turmoil, and currently as a judge: “My role as an attorney was to defend people arrested for public violence. My role as a judge today is to uphold the constitution.”  He stressed the importance of the constitution today, and the responsibility institutions such as the police service have in upholding human rights.  Judge Cachalia played a significant role in drafting the new Police Act around 1990, an Act which was to ensure that the offences perpetrated by the police during apartheid did not continue in the current democratic era. Further, he pointed out that societal turmoil has the potential to make society forget about the hard work that was put into structures upholding human rights. “Constitutions are drafted in moments of calm.  It is a living document, and we hope it is not torn up when we go through social conflict, such as we are experiencing at present.”

Thobeka Dywili, a Law student at the UFS, presented her views from the new generation’s perspective.  She relayed her experience as a student teaching human rights at schools in disadvantaged communities. She realised that, although the youth are quite aware of their basic human rights, after so many years of democracy, “women and children are still seen as previously disadvantaged when they should be equal”. She pointed out that, with the changing times, the constitution needs to be looked at with a new set of eyes, suggesting more robust youth engagement on topics that affect them, using technology to facilitate discussions. She said with the help of social media, it is possible for a simple discussion to become a revolution; #feesmustfall was a case in point.

Critical perspectives on the constitution were presented by Tsepo Madlingozi of University of Pretoria and University of London. In his view, the constitution has not affected policy to the extent that it should, with great disparities in our society and glaring issues, such as lack of housing for the majority of the poor.  “Celebration of the constitution should be muted, as the constitution is based on a decolonisation approach, and does not directly address the needs of the poor. The Constitutional Court is not pro-poor.”  He posed the question of whether twenty years on, the present government has crafted a new society successfully.  “We have moved from apartheid to neo-apartheid, as black elites assimilate into the white world, and the two worlds that exist have not been able to stand together as a reflection of what the constitution stands for.”

Prof Caroline Nicholson, Dean of the Faculty of Law, encouraged more open discussions, saying such dialogues are exactly what was intended by the Centre for Human Rights. She emphasised the importance of exchanging ideas, of allowing people to speak freely, and of sharing perspectives on important issues such as the constitution and human rights.

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