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27 July 2021 | Story Nombulelo Shange and Ntando Sindane | Photo Unsplash
Opinion article by Nombulelo Shange, Lecturer in the Department of Sociology, and Ntando Sindane, Lecturer in the Department of Private Law, University of the Free State

Opinion article by Nombulelo Shange, Lecturer in the Department of Sociology, and Ntando Sindane, Lecturer in the Department of Private Law, University of the Free State


The recent protests were originally sparked by the arrest of former president Jacob Zuma. His arrest might have started the protests, but the protests have arguably spiralled into something far greater. These protests/riots mirror the consequences of what happens when people live in extreme poverty, joblessness, and brazen inequality.  

On Monday evening, 12 July, President Cyril Ramaphosa addressed the nation and condemned the actions of the protesters. Ramaphosa missed the opportunity to appeal to the protesters as people; to identify with their daily struggles and speak to them from the space of genuine concern and empathy. Instead, President Ramaphosa delegitimised the protests, claiming that the violence and damage to property goes against the nature of protest. The resultant outcome of Ramaphosa’s utterances is that it has succeeded in whitewashing protest and, in some way, eroding emancipatory revolutions such as our own fight against colonialism and apartheid. 

A brief history of protest in South Africa

Protests are disruptive in their very nature – when this disruption is responded to by the deployment of state machinery (such as the army), it follows that the protests culminate into utter violence, and even bloodshed. It is important to note that protests are the product of severe discontent – people are waging mass actions precisely because they feel that their voices are not being heard, and these mass mobilisations may take the form of violence. Various anti-apartheid movements have adopted similar strategies in the fight for freedom. The fight for freedom and against apartheid colonialism was won through mass mobilisation, and this included riots and protests. It is indeed true that liberation movements have used protest as a decisive tool to resist racist apartheid polity and demand the non-racial and democratic South Africa that we see today. Such a reality (and historical background) makes it somewhat bizarre to comprehend how a leader of the liberation movement can use apartheid-like characterisations to denote and refer to protests and protesters. To be sure, President Ramaphosa’s articulation is emblematic of deep-seated forgetfulness within the ruling party, and the political elite at its helm. 

MK and Poqo (from the ANC and PAC respectively) were labelled terrorists by the government of the National Party. Even former President Nelson Mandela, now a global symbol for peace and reconciliation, has led and engaged in protest action to fight for the rights and dignity of marginalised South Africans. Of course, history lends perspective, and as a result, it would be incorrect to suggest that Nelson Mandela, MK and Poqo were inherently violent, because hindsight allows us to understand that the nature of the struggle in which they were engaged made ‘violence’ necessary.

A deepened discourse about violence reveals that poverty is far more violent and dehumanising than the violence that Ramaphosa was condemning this week. Upon closer inspection, Ramaphosa would be empowered if someone were to teach him that protests offer some hope for change, no matter how small, while doing nothing launches people deeper and deeper into poverty and repression. These are the difficult decisions that many had to make then and now. Poverty is the highest form of violence – it imputes indignity, it kills, and recreates itself as it transmutes into different forms between generations. The violence of poverty is evidenced in its ability to dehumanise people by stealing from them their humanity and their capability to lead a full lifestyle. This is a sort of violence that is hardly spoken about, because in a capitalist society, the only violence that is heeded is one that disturbs profit maximisation and the accumulation of private property. 

Whitewashing protest

Protesters are not looting because it is fun, protest is not pretty, and it comes at great personal risk to the protesters and their families. To invoke a Fanonian expression: “When we revolt it’s not for a particular culture. We revolt simply because, for many reasons, we can no longer breathe.” People engage in protest action because the South African government protects capitalist structures over its people and has perpetuated a hungry society. People are hungry for resources, real empowerment, education, and economic freedom. To label their actions as illegitimate glosses over their pain like it is meaningless and it whitewashes protest, thus negating our own protest history. 

President Ramaphosa’s discrediting of these actions also further criminalises the actions of what has been a patient citizenry that had to grapple with staggering unemployment, with the youth feeling the biggest brunt at 73,3% unemployment. When President Ramaphosa painted the protestors in this light, he also reinforced a dangerous anti-black, anti-poor sentiment which Steve Biko referred to as ‘Swart Gevaar’, which translates to black danger. During apartheid, it was the fear that black people would take over and threaten the safety and security of white people. Today, on social media pages and in the president’s address it is the fear that the poor, who are still predominately black, will threaten the ‘peace and stability’ of the minority middle class and elite through their protest action. 

No peace while poverty prevails 

The reality is that there is no peace and security while poverty prevails, and to restore stability without dismantling the capitalism system that brought us colonialism and apartheid, is to damn the majority back into poverty. These violent events will continue to take place and will become more and more violent with every passing moment if poverty is not eradicated as a matter of urgency. 


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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