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10 December 2020 | Story Sibongile Madlala | Photo Supplied
Sibongile Mdlala End of Gender-based Violence
Sibongile Madlala believes it is time to get every single South African involved in the fight to eradicate gender-based violence and not to look away or to stand on the side-line watching.

Sibongile Madlala, Crime Investigations Officer in Protection Services, believes it is time to get every single South African – especially boys and men – involved in the fight to eradicate gender-based violence and not to look away or to stand on the side-line watching.


“It is a time to observe that to date, gender-based violence awareness messages still promote the idea that it only affects women and children (girls) and to a certain extent ignores the plight of the LGBTIQ community, men and boys,” she says.

Report, do not keep quiet

It is time for the government and other relevant stakeholders to do everything possible to establish the root causes of GBV. She feels it is necessary to pay attention to and address matters such as mental health (of the offender and the victim/survivor), victim-offender overlap, patriarchal lines, and cultural practices that perpetuate gender inequalities.

“Government also need to observe the value of training officers of the law and the justice department, as it takes a special kind of person to deal and assist victims accordingly,” she says. 
 

Madlala is convinced that the criminal justice system needs to revisit the laws, policies, and systems that are dealing with gender-based violence-related matters, as it is failing the victims. “It is unfair to expect a victim to recount every single intimate detail in chronological order; it is also unfair to expect a minor or a mentally challenged person to stand in a box facing the perpetrator as they lead evidence over a lengthened period. The failure to implement child-friendly facilities is not acceptable,” she adds. 

“It is said that knowledge is power, and
I believe the sooner this pandemic is understood
by the victims, perpetrators, and handlers
— the sooner we will see some changes in this regard.”
—Sibongile Madlala

Dealing with perpetrators

There is a National Sexual Offenders register in which the names of all prosecuted offenders are listed when they are found guilty. In dealing with perpetrators, she suggests a similar national offender register for gender-based violence offenders. “It is important that offenders are known, as those who need to protect are sometimes abusers themselves,” says Madlala.

The 16 days of activism is a time to let everybody know that gender-based violence is not a private matter. “It is said that knowledge is power, and I believe that the sooner this pandemic is understood by the victims, perpetrators, and handlers – the sooner we will see some changes in this regard.” 

She deems it important that victims are taught the importance of reporting and not protecting the abuser, and she emphasises the significance of ensuring that the voices of survivors, activists, and those mandated to address these matters at grassroots level are amplified and listened to.

Madlala sees this period as a celebration of survivors, the victors, heroes and heroines, young and old – especially those who have chosen to speak out about their traumatic experiences, knowing that the response may be negative.
 
“It is a time to commemorate all victims of gender-based violence and to raise awareness, stimulate advocacy efforts, and share knowledge on this topic,” she says.

It is time …

News Archive

Democracy and traditional leadership in rural areas explored
2017-09-22

Description: Democracy Tags: Democracy, customary law, human rights, research, constitution 

Prof Lungisile Ntsebeza, recipient of the NRF Hamilton
Naki Award
Photo: Supplied


The Free State Centre for Human Rights held a presentation by Prof Lungisile Ntsebeza on 7 September 2017 at the University of the Free State (UFS) Bloemfontein Campus on the topic of democracy and traditional leadership in rural areas. Prof Ntsebeza is the holder of the AC Jordan Chair in African Studies at the University of Cape Town and the holder of the National Research Foundation (NRF) Research Chair in Land Reform and Democracy in South Africa. 

Conflict between democracy and traditional rule
The topic of democracy and traditional leadership in the rural areas is an example of the tension between democracy and customary law governing the appointment of traditional leaders (headmen) that is currently at play in many parts of the country. Prof Ntsebeza made reference to a court case in the Eastern Cape, where a community successfully challenged the appointment of a headman by the royal family of the area. The contention was whether royal families could appoint headmen in rural communities or if those communities ought to democratically elect their own leaders. He argued that in this specific case, the democratic imperatives of the Constitution did not conflict with customary law because of the particular communal practice of electing leaders. 

The Constitution and customary law

The Constitution of South Africa recognises customary law provisions which are not in conflict with its fundamental values. Difficult legitimacy problems may arise where customary practices are different from those governing this particular case. Ultimately the Constitutional Court would be called upon to resolve inherent tensions and develop customary law in line with the direction foreseen in the Constitution.

Student engagement as a vehicle for change
The event was attended by UFS staff and fourth-year LLB students in the Faculty of Law, and was funded by the Free State Centre for Human Rights at UFS. The programme is one of several that the centre seeks to utilise in engaging students with researchers and scholars in the field of law and human rights. Prof Ntsebeza has given academic presentations on various related and trending topics in the current academic climate, such as decolonising the curriculum, Cecil John Rhodes and others. He was recently awarded the Hamilton Naki Award at the 2017 National Research Foundation Awards.

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