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01 December 2020 | Story Bonolo Mahlatsi | Photo Supplied
Bonolo Mahlatsi is a master’s student in Sociology at the University of the Free State.

South Africa finds itself dealing with a pandemic within a pandemic. On 11 November, President Cyril Ramaphosa declared five days of mourning for victims of COVID-19 and gender-based violence, from 25 to 29 November 2020. Many see it as a bold move and as a win for efforts to address gender-based violence, but it is rather disappointing. Ironically, the mourning period falls within the 16 days of activism against GBV. 

Almost daily we mourn the lives of women lost at the hands of men. However, now that we are living in unfamiliar territory, we also mourn the lives lost due to COVID-19. Both are pandemics with different characteristics facing the country. The major difference is that COVID-19 is new and in some ways beyond our control. GBV, on the other hand, did not just emerge overnight. It is the symptom of patriarchy that is intentionally designed and reinforced by systems and people to preserve the dominance of men at the expense of women and gender non-conforming people. 

The President’s announcement makes GBV a shadow pandemic compared to COVID-19, even though GBV has claimed more lives, created more disruption, and lasted much longer. 

South African culture allows GBV and often encourages it

We need to unmask the fact that GBV exists as a pandemic because South African culture allows it and often encourages it. A recent case in the Free State shows this. A police captain at the Mafube police station was recently arrested for revictimising a rape survivor while he was conducting his ‘investigation’. He further manipulated the perpetrator’s girlfriend into having sex with him by promising to release her boyfriend on bail. This officer was still allowed to work in the Family Violence, Child Protection and Sexual Offences (FCS) Unit, despite having a trail of rape accusations against him. It further shows the indifference of the police and systems that should be enforcing law and order, not violating it. Mourning GBV alongside COVID-19 sends a message to the captain in Mafube police station and many other perpetrators that GBV will always be secondary and not important enough to have special impactful efforts directed at it.

Can’t treat them the same 

We can’t treat the two pandemics in the same way – one noticeable difference is how we have treated them in terms of reporting and response time. The COVID-19 response was fast, awareness was created quickly and effectively, government accountability has improved. More active and robust digital and media strategies are also being used to keep the public informed and to fight the spread of COVID-19. All these are strategies that should have been adopted long ago in the fight against GBV, particularly the sensitisation and awareness strategies. 

My concern is that, after the GBV mourning period, it will be back to business as usual. Women will still be violated and live in fear. Furthermore, the mourning period takes five days away from the activism period, which I find to be a way of shifting the focus away from GBV. We have also seen from previous years that the situation on the ground still remains unchanged after the activism period. For instance, statistics revealed by the South African Police Service (SAPS) showed that a woman is murdered every three hours in South Africa; an alarming rate, which is higher than the global average.

COVID-19 presented an opportunity

Fortunately, or unfortunately, COVID-19 has presented us with an opportunity to reconfigure and redesign our society to be safe for everyone. It is time that we address the lack of sensitivity towards GBV, especially because there is no society free of it. Interventions are needed to ensure that women do not return to the ‘normal’ of being violated. The underlying causes of GBV need to be addressed through response efforts supported by policy development. Most importantly, men’s attitudes towards women and girls need to transform, which will assist in stopping the perpetuating violence against women. If GBV was treated as the pandemic it is, women would not have to live in fear. If efforts could be put together to fight COVID-19, the same should apply to GBV. 

 

Opinion article by Bonolo Mahlatsi, master’s student in Sociology, University of the Free State.

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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