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18 May 2020 | Story Dr Marinkie Madiope | Photo Sonia Small (Kaleidoscope Studios)
Dr Marinkie Madiope.

In IsiZulu, there is a saying that goes, ‘indlela inbuzwa kwa ba phambili’, which can be loosely translated into, ‘direction is asked for, from those who’ve walked the path’. According to the illustrious Credo Mutwa, in his seminal masterpiece, Indaba my Children, 

“these are the stories that old men and old women tell to boys and girls seated with open mouths around the spark-wreathed fires in the centres of the villages in the dark forests and on the aloe-scented plains of Africa. Under the gaze of the laughing stars the Old One sits, his kaross wrapped around his age-blasted shoulders, staring with rheumy eyes at the semi-circle of eager expectant faces before him – faces of those who have taken but a few steps along the dark and uncertain footpath called Life – faces of the ones yet oblivious to the pain of life’s bitter scourges – faces yet unmarked by furrows of bitterness, ill-health and anger – the fresh, pure, open faces of…children. The fire dances in the middle of the round clay fireplace like a virgin revelling in the simple joy of being alive. It devours the dry twigs and logs that a little girl is constantly feeding it, leaving nothing but glowing ashes. It mocks the silent sky with a redly luminous column of smoke against its starry face and by sending up short-lived stars of its own”|

As the birthplace of humankind, the motherland, homeland, and ancestral origin of everyone on the planet, Africa is a blessed, special, and beautiful continent. It is an expansive abode of rich diversity, striking complexities and ornate nuances and peculiarities, both in its people and in its biomes.

With approximately 2 100 languages spoken by more than 3 000 ethnic groups in our population of just over 1,3 billion individuals spread across 55 countries, Africa is culturally, philosophically, and linguistically a very wealthy land.
Our shared, priceless heritage is littered with shining examples of the excellence, resilience, ingenuity, fortitude of character, strength, spirit, and love of our people. We have adapted to desertification, unshackled ourselves from slavery, replenished ourselves from years of famine, battled deadly viral diseases, nursed ourselves out of internecine conflicts, liberated ourselves from colonial oppression, and together, through it all, held fast the inherited role we collectively hold as custodians of humanity.

As Enock Maregesi spiritedly states:
“We are the children of Nelson Mandela; we are the children of Kwame Nkrumah; we are the children of Haile Selassie; we are the children of Samora Machel; we are the children of Robert Mugabe; we are the children of Patrice Lumumba; we are the children of Julius Kambarage Nyerere. We know who we are!”

And in this reverent knowledge of who we are, where we come from and what we have experienced to bring us to this present day where we celebrate our languages, our customs, our traditions, our ethnicities, our similarities and differences, our uniqueness, our Africa, and by virtue of that, our Africanness, we not only remember, but resonate with the heart-stirring words of Dr Kwame Nkrumah, “I am not African because I was born in Africa, but because Africa was born in me!”

We are grateful for the providence with which our continent has been virtuously spared from the unprecedented eventualities that have become synonymous with the leap year of 2020. The onset of the global lockdowns following the declaration of COVID-19 as a pandemic, averted a situation that could have escalated into a third world war; decreased the worldwide carbon emissions and pollution drastically; and served as a clarion call to unite humanity in the common goal of the preservation of human life. In spite of the hardships that came with re-adjusting our focus back to self-sufficiency, self-preservation through social distancing, and redefining what we term as essential, all of humankind has joined in remembering. Remembering how to do for self, remembering to care for those in need, remembering to cherish and respect the planet, and most importantly, remembering their African ancestry.

As we dutifully charter forth through the eternal passage of time, continuously evolving in conscious intelligence, consistently preserving human existence and steadily riding the throes of modernisation by globalisation, we invite all of humankind to take heed of our guidance, and ask for direction from those who have walked the path before. Let us illuminate the way forward for our planet by using the knowledge and ways that have been laboriously and painstakingly preserved for us by our forebearers though centuries of oppression, apartheid, discrimination, and derogation. 

We overcome. We inspire. We rise. We adapt. We thrive. It is our legacy to steer humankind back home, back to basics, back to mother earth. The historic events that have marked the first half of 2020 have highlighted to the world the inescapable importance of the cardinal African values of Ubuntu and a sustainable co-existence with nature. 

No, we are not African because we are born in Africa, we are Africans because Africa is born within us. Let us construct for the world a new model of being, a model of old, a model of nature, a model of our African nature.

On this Africa Day, go forth African child, and remember your sacred duty. Live your glorious destiny. Show the way for the rest of humanity. Mayibue!!!

Dr Marinkie Madiope is the Principal of the South Campus of the University of the Free State.

News Archive

Resource Manual on Trafficking in Persons for Judicial Officers sees the light
2012-03-27

 

Judge Connie Mocumi, President of the South African Chapter of the International Association of Women Judges (SAC-IAWJ), during the launch of the Resource Manual on Trafficking in Persons for Judicial Officers.
Photo: Leonie Bolleurs
27 March 2012

On Human Rights Day the Department of Criminal and Medical Law in the Faculty of Law at the University of the Free State (UFS) hosted the launch of the Resource Manual on Trafficking in Persons for Judicial Officers compiled by the South African Chapter of the International Association of Women Judges (SAC-IAWJ).

The manual, which will be used by members of the South African judiciary, will equip officials in adjudicating the multifaceted crime of human trafficking.

“Presiding officers must be sensitised about the complexity of the crime. Human trafficking has many faces and presents itself in different ways. A person may for example be trafficked for sexual exploitation, forced labour, the removal of body parts, as well as forced marriages. Expert knowledge is needed to handle these cases effectively in court,” said Dr Kruger, also responsible for the human trafficking initiative in the Unit for Children's Rights at the UFS.

Prior to the launch, a total number of 300 judicial officers, including six judges from the Southern African Development Community (SADC) received training on human trafficking. After receiving this training, the officers were sensitised to scrutinise domestic violence cases as well as inter-country adoption cases in order to identify possible human trafficking activities.

As keynote speaker at the launch, Dr Beatri Kruger from the Department of Criminal and Medical Law at the UFS, said that human traffickers were running operations like a well-oiled machine. They have abundant and sophisticated resources and often bribe corrupt officials to further their criminal activities. In South Africa, people combating human trafficking struggle with a lack of resources as well as comprehensive legislation. Most cases are prosecuted under the Children’s Act and the Sexual Offences Amendment Act of 2007. Unfortunately, this legislation still leaves a gap in the prosecuting of perpetrators. Only trafficking cases where where children are trafficked can be prosecuted under the Children’s Act. In terms of the Sexual Offences Amendment Act perpetrators can be prosecuted for trafficking persons for sexual exploitation only, and not for labour of other forms of trafficking. Therefore the comprehensive Prevention and Combating of Trafficking in Persons Bill 2010 needs to be finalised to cover all forms of trafficking.

There are more slaves today than at any time in the history of humankind. “To combat this serious problem, we need to follow a holistic approach,” said Dr Kruger. This includes prevention (raising awareness), effective prosecution and suitable punishment, the protection of victims, and partnering with all relevant stakeholders, including people in the communities. Community members are often whistle blowers of this crime.

The President of the SAC-IAWJ, Judge Connie Mocumi, handed copies of the manual, a three-year project, to judicial officers present at the launch. The manual covers, among others, the definition of trafficking in persons, trafficking in persons in South Africa and the Southern African region, a legislative framework, victims’ rights and criminal proceedings.

“It is critical that judicial officers appreciate the phenomenon of trafficking in persons in its broader socio-economic context. Therein lays the ability to deal competently with the often-nuanced manifestation of this scourge. The incapacity to recognise these nuances can deny victims access to justice. In that regard, the manual, amongst others, is to become an important empowering adjudication tool for judicial officers,” said Judge Mocumi.

More copies will be printed and be ready for distribution by the beginning of May this year.

Judge Belinda van Heerden, who also attended the launch, said: “There is progress on the judicial and legislative front to bring wrongdoers to book. This manual will go a long way in giving judicial officers insight into the problem.”

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