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27 April 2021 | Story Prof Sethulego Matebesi | Photo Sonia Small
Prof Matabesi
Prof Sethulego Matebesi is a Senior Lecturer and Academic Head of the Department of Sociology at the University of the Free State.

This year’s Freedom Day marks an important milestone in the history of South Africa. It will be 27 years since the first non-racial elections were held in the country, a figure that equals the number of years Nelson Mandela spent in prison.

If equating Mandela with the freedom we enjoy today is not already disingenuous enough, we sunk even lower by assuming that we are close to achieving the civil liberties he embodied. You do not have to go further than read the daily media headlines to understand the extent of the onslaught on the pillars of democracy. That this onslaught comes from political leaders is one of the main reasons why most South Africans are disillusioned with politics, democracy and social issues.

Anarchy wreaking havoc in weak societies

Sociology taught me about the relevance of institutions to a social structure: they control human conduct by setting up predefined behaviour patterns. For example, throughout history anarchy has wreaked havoc in settings where organisations are weak, fragmented, and the citizenry is inactive. Similarly, while peace, unity, and the preservation and the restoration of human dignity are the hallmarks of Freedom Day celebrations, we have become a nation increasingly influenced by symbolic politics and the politics of offence.

It would be hard to find a better example of a significant threat to the pillars of democracy than the widespread onslaught on the judiciary. At the heart of the broader political, legal, and moral issues confronting SA today is how the right of all to equal respect and equal protection under the law has been compromised. Casting doubt about the independence of the judiciary conceals the motivations that most endanger the principles of freedom and equality.

My stance is not aimed at muting the expression of unpopular opinions – a basic tenet of democracy. However, we need to be mindful of events that have and will become powerfully symbolic in altering the nation’s social fabric.

Freedom under attack by populist politics

Any societal change requires some form of flexibility. No doubt, the first decade of democracy was accompanied by hope and the euphoria of the Rainbow Nation. This period demonstrated how different racial groups could live together in harmony, play together, and attend the same school without being required to forsake values they hold dear. This period was punctured by notions of active citizenship and the promotion of democratic cooperation that is based on the acceptance of universal human rights and the rule of law and values of diversity.

While millions of people elsewhere in the world have been forced to flee hunger, war, terrorism, and emboldened autocrats in their countries of birth, the euphoric wave of the Mandela years has, unwittingly and dramatically, worn off during the past decade in South Africa. This turn of events is linked to populist politics that seriously compromise democratic institutions in the country.

In my opinion, there are no heroes in situations like these.

In a country characterised by rampant corruption, violent crime, gender-based violence, human trafficking, racial intolerance, and teenage drug abuse, are politicians the only ones to be blamed for the threats to democracy?

Conquering immorality and safeguarding our freedom

Despite all the challenges we face as a country, we remain a remarkably resilient nation, as is widely acknowledged. This resilience is echoed by how we have navigated our way around a highly divisive and intolerant society to embrace and celebrate our rich and vibrant cultural heritage.

Nevertheless, we have become complacent. We have been vocal against any narrative aimed at restricting our legal, religious, human, civil, economic and political rights. Yet, partly due to our collective inaction, we have failed to use the means to provide a compelling counter-narrative of resistance to the manipulation of state institutions and broader immorality permeating society. This inaction affects the lives and livelihoods of millions of those who do not have the organisational capacity and means to advocate for the causes that affect them.

Let us use this year’s historic Freedom Day celebrations to demonstrate our firm resolve to protect the critical pillars of democracy from further exploitation. This kind of collective responsibility is what South Africa has always been about. Only when our government at all levels, the private sector, and concerned citizens across the country begin a critical partnership and commitment to maintain our democratic institutions and processes that our past losses as a nation become gains and defeats become triumphs.

* Prof Sethulego Matebesi works on all current affairs such as political and social issues. More specifically, he focuses on social movements and protests, community-mining company conflict, and local municipal governance.

News Archive

Law postgraduate student awarded IAWJ and Faculty of Law bursary
2017-03-02

Description: Association of women judges gala dinner 2017 Tags: Association of women judges gala dinner 2017


The University of the Free State Faculty of Law, in conjunction with the International Association of Women Judges (IAWJ) South Africa Chapter, hosted a gala dinner on 25 February 2017, in Bloemfontein, to raise awareness on the development programmes that women judges in South Africa, and specifically in the Free State, are involved in.

Focus on development of upcoming legal professionals
The event was a glamorous occasion attended by high-ranking officials in the Free State judiciary and Faculty of Law staff and students. Central to the evening’s events was the launch and presentation of the IAWJ/UFS Faculty of Law bursary that was presented to Mbali Mathebula, who is enrolled for an LLM at the UFS in 2017. Judge Mahube Molemela, Judge-President of the Free State High Court, and Chancellor of the Central University of Technology (CUT), presented the bursary to Mbali, commending her for choosing a poignant research thesis that focused on the rights of children with disabilities in South Africa. Judge Molemela expressed the importance of perseverance through study, and self-development as the key to a successful career in Law.

Transformation in the legal profession still a challenge
Some of the speakers of the evening included Prof Caroline Nicholson, Dean of the Faculty of Law and programme director, Judge Soma Naidoo, who gave introductory remarks, and Judge Mandisa Maya. In her remarks, Judge Maya outlined some of the prevailing challenges that women judicial officers still face, despite decades of reforms in the legal profession. She said: “Women in the judiciary are torchbearers who inspire and empower others, especially young women, and should strive to achieve high moral standards and exceptional scholarship.”

IAWJ mentors upcoming legal professionals
Judge Naidoo said the association had, over the past seven years, partnered with universities such as UFS, University of Pretoria (UP), University of South Africa (Unisa) and University of Cape Town (UCT) to support students through social outreach programmes. She noted the involvement of corporates and other legal professionals as key to their success. Judge Naidoo said the IAWJ had been instrumental in providing training for legal professionals in areas such as trafficking in persons across the Southern African Development Community (SADC), supported by the US Embassy in Pretoria, and had held health and wellness programmes for legal officers around the country.

The gala dinner was a celebration of the successes of the association over the years, and an opportunity to reflect on the important issues that women face in the legal profession, as well as a call to action for students and young legal professionals. The proceeds from the evening will be used to further mentor and develop law students around the country.

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