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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

Law postgraduate student awarded IAWJ and Faculty of Law bursary
2017-03-02

Description: Association of women judges gala dinner 2017 Tags: Association of women judges gala dinner 2017


The University of the Free State Faculty of Law, in conjunction with the International Association of Women Judges (IAWJ) South Africa Chapter, hosted a gala dinner on 25 February 2017, in Bloemfontein, to raise awareness on the development programmes that women judges in South Africa, and specifically in the Free State, are involved in.

Focus on development of upcoming legal professionals
The event was a glamorous occasion attended by high-ranking officials in the Free State judiciary and Faculty of Law staff and students. Central to the evening’s events was the launch and presentation of the IAWJ/UFS Faculty of Law bursary that was presented to Mbali Mathebula, who is enrolled for an LLM at the UFS in 2017. Judge Mahube Molemela, Judge-President of the Free State High Court, and Chancellor of the Central University of Technology (CUT), presented the bursary to Mbali, commending her for choosing a poignant research thesis that focused on the rights of children with disabilities in South Africa. Judge Molemela expressed the importance of perseverance through study, and self-development as the key to a successful career in Law.

Transformation in the legal profession still a challenge
Some of the speakers of the evening included Prof Caroline Nicholson, Dean of the Faculty of Law and programme director, Judge Soma Naidoo, who gave introductory remarks, and Judge Mandisa Maya. In her remarks, Judge Maya outlined some of the prevailing challenges that women judicial officers still face, despite decades of reforms in the legal profession. She said: “Women in the judiciary are torchbearers who inspire and empower others, especially young women, and should strive to achieve high moral standards and exceptional scholarship.”

IAWJ mentors upcoming legal professionals
Judge Naidoo said the association had, over the past seven years, partnered with universities such as UFS, University of Pretoria (UP), University of South Africa (Unisa) and University of Cape Town (UCT) to support students through social outreach programmes. She noted the involvement of corporates and other legal professionals as key to their success. Judge Naidoo said the IAWJ had been instrumental in providing training for legal professionals in areas such as trafficking in persons across the Southern African Development Community (SADC), supported by the US Embassy in Pretoria, and had held health and wellness programmes for legal officers around the country.

The gala dinner was a celebration of the successes of the association over the years, and an opportunity to reflect on the important issues that women face in the legal profession, as well as a call to action for students and young legal professionals. The proceeds from the evening will be used to further mentor and develop law students around the country.

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