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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

Twenty years of the constitution of South Africa – cause for celebration and reflection
2016-05-11

Description: Judge Azar Cachalia Tags: Judge Azar Cachalia

Judge Azar Cachalia

The University of the Free State’s Centre for Human Rights and the Faculty of Law held the celebration of the twentieth anniversary of the adoption of the South African Constitution on 11 May 2016 on the Bloemfontein Campus.  Students and faculty members celebrated and reflected on not only the achievements of the constitution but also on perspectives regarding its relevance in modern society, and to what extent it has upheld the human rights of all citizens of South Africa.

The panel discussion started with a presentation on the pre-1996 perspective by Judge Azar Cachalia of the Supreme Court of Appeal.  Judge Cachalia reflected on his role in the realisation and upholding of the constitution, from his days as a student activist, then as an attorney representing detainees during political turmoil, and currently as a judge: “My role as an attorney was to defend people arrested for public violence. My role as a judge today is to uphold the constitution.”  He stressed the importance of the constitution today, and the responsibility institutions such as the police service have in upholding human rights.  Judge Cachalia played a significant role in drafting the new Police Act around 1990, an Act which was to ensure that the offences perpetrated by the police during apartheid did not continue in the current democratic era. Further, he pointed out that societal turmoil has the potential to make society forget about the hard work that was put into structures upholding human rights. “Constitutions are drafted in moments of calm.  It is a living document, and we hope it is not torn up when we go through social conflict, such as we are experiencing at present.”

Thobeka Dywili, a Law student at the UFS, presented her views from the new generation’s perspective.  She relayed her experience as a student teaching human rights at schools in disadvantaged communities. She realised that, although the youth are quite aware of their basic human rights, after so many years of democracy, “women and children are still seen as previously disadvantaged when they should be equal”. She pointed out that, with the changing times, the constitution needs to be looked at with a new set of eyes, suggesting more robust youth engagement on topics that affect them, using technology to facilitate discussions. She said with the help of social media, it is possible for a simple discussion to become a revolution; #feesmustfall was a case in point.

Critical perspectives on the constitution were presented by Tsepo Madlingozi of University of Pretoria and University of London. In his view, the constitution has not affected policy to the extent that it should, with great disparities in our society and glaring issues, such as lack of housing for the majority of the poor.  “Celebration of the constitution should be muted, as the constitution is based on a decolonisation approach, and does not directly address the needs of the poor. The Constitutional Court is not pro-poor.”  He posed the question of whether twenty years on, the present government has crafted a new society successfully.  “We have moved from apartheid to neo-apartheid, as black elites assimilate into the white world, and the two worlds that exist have not been able to stand together as a reflection of what the constitution stands for.”

Prof Caroline Nicholson, Dean of the Faculty of Law, encouraged more open discussions, saying such dialogues are exactly what was intended by the Centre for Human Rights. She emphasised the importance of exchanging ideas, of allowing people to speak freely, and of sharing perspectives on important issues such as the constitution and human rights.

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