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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

Wrongful suffering must be compensated, Prof Johann Neethling argues
2016-04-20

Description: Prof Johan Neethling, wrongful suffering must be compensated Tags: Prof Johan Neethling, wrongful suffering must be compensated

From the left are Prof Jonathan Jansen, Vice-Chancellor and Rector, Prof Caroline Nicholson, Dean of the Faculty of Law, Prof Neethling, Prof Rita-Marie Jansen, Vice-Dean, and Dr Brand Claassen, Head of the Department of Private Law.
Photos: Stephen Collett

On 11 April, the Faculty of Law held the first of the year’s series of Prestige Lectures presented by Prof Johann Neethling, Senior Professor in the Department of Private Law.  The event was attended by senior faculty members, the Dean of Law Prof, Caroline Nicholson, and the Vice-Chancellor and Rector, Prof Jonathan Jansen.

In his opening remarks, Prof Jansen said “Prestige lectures are at the heart of a university’s academic endeavour. It would serve the university community well to present them more often, as they go to the heart of important issues that affect society”

Prof Neethling made a compelling case for compensation for wrongful suffering by a child born with impairments. Since the mid-1960s, the actions of wrongful conception and wrongful birth have been recognised in South African law. Wrongful conception is defined as when a healthy child is born as a result of failed sterilisation or abortion, and wrongful birth is when a doctor fails to inform parents of a disability before the birth of their child.

“The reality is that a child born with impairments may indeed suffer (sometimes extreme) pain, loss of amenities of life, which would justify an award of damages,” he said.

So far, the action for wrongful suffering has been dismissed by the High Court and the Supreme Court of Appeal. However, he highlighted several cases where wrongful conception and wrongful birth was recognised by the courts.

“Why can the same approach (for wrongful conception and wrongful birth) not be followed in wrongful suffering claims by accepting that a disabled child seeks to address the consequences of its birth?” he asked.

Prof Neethling is regarded as one of the greatest minds in Private Law, not only in South Africa but in the African continent.

A festschrift, Essays in Honour of Johann Neethling (2015), with contributions from more than 50 of his peers around the world, was also launched at the lecture.

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