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The problem with mourning COVID-19 and GBV concurrently

01 December 2020 | Story Bonolo Mahlatsi | Photo Supplied

Bonolo Mahlatsi_web read more — 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

The failure of the law

2004-06-04

Written by Lacea Loader

- Call for the protection of consumers’ and tax payers rights against corporate companies

An expert in commercial law has called for reforms to the Companies Act to protect the rights of consumers and investors.

“Consumers and tax payers are lulled into thinking the law protects them when it definitely does not,” said Prof Dines Gihwala this week during his inaugural lecture at the University of the Free State’s (UFS).

Prof Gihwala, vice-chairperson of the UFS Council, was inaugurated as extraordinary professor in commercial law at the UFS’s Faculty of Law.

He said that consumers, tax payers and shareholders think they can look to the law for an effective curb on the enormous power for ill that big business wields.

“Once the public is involved, the activities of big business must be controlled and regulated. It is the responsibility of the law to oversee and supervise such control and regulation,” said Prof Gihwala.

He said that, when undesirable consequences occur despite laws enacted specifically to prevent such results, it must be fair to suggest that the law has failed.

“The actual perpetrators of the undesirable behaviour seldom pay for it in any sense, not even when criminal conduct is involved. If directors of companies are criminally charged and convicted, the penalty is invariably a fine imposed on the company. So, ironically, it is the money of tax payers that is spent on investigating criminal conduct, formulating charges and ultimately prosecuting the culprits involved in corporate malpractice,” said Prof Gihwala.

According to Prof Gihwala the law continuously fails to hold companies meaningfully accountable to good and honest business values.

“Insider trading is a crime and, although legislation was introduced in 1998 to curb it, not a single successful criminal prosecution has taken place. While the law appears to be offering the public protection against unacceptable business behaviour, it does no such thing – the law cannot act as a deterrent if it is inadequate or not being enforced,” he said.

The government believed it was important to facilitate access to the country’s economic resources by those who had been denied it in the past. The Broad Based Economic Empowerment Act of 2003 (BBEE), is legislation to do just that. “We should be asking ourselves whether it is really possible for an individual, handicapped by the inequities of the past, to compete in the real business world even though the BBEE Act is now part of the law?,” said Prof Gihwala.

Prof Gihwala said that judges prefer to follow precedent instead of taking bold initiative. “Following precedent is safe at a personal level. To do so will elicit no outcry of disapproval and one’s professional reputation is protected. The law needs to evolve and it is the responsibility of the judiciary to see that it happens in an orderly fashion. Courts often take the easy way out, and when the opportunity to be bold and creative presents itself, it is ignored,” he said.

“Perhaps we are expecting too much from the courts. If changes are to be made to the level of protection to the investing public by the law, Parliament must play its proper role. It is desirable for Parliament to be proactive. Those tasked with the responsibility of rewriting our Companies Act should be bold and imaginative. They should remove once and for all those parts of our common law which frustrate the ideals of our Constitution, and in particular those which conflict with the principles of the BBEE Act,” said Prof Gihwala.

According to Prof Gihwala, the following reforms are necessary:

• establishing a unit that is part of the office of the Registrar of Companies to bolster a whole inspectorate in regard to companies’ affairs;
• companies who are liable to pay a fine or fines, should have the right to take action to recover that fine from those responsible for the conduct;
• and serious transgression of the law should allow for imprisonment only – there should be no room for the payment of fines.

Prof Gihwala ended the lecture by saying: “If the opportunity to re-work the Companies Act is not grabbed with both hands, we will witness yet another failure in the law. Even more people will come to believe that the law is stupid and that it has made fools of them. And that would be the worst possible news in our developing democracy, where we are struggling to ensure that the Rule of Law prevails and that every one of us has respect for the law”.

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