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19 May 2021 | Story Dr Claire Westman | Photo Supplied
Dr Claire Westman is a Postdoctoral Research Fellow in the Free State Centre for Human Rights, University of the Free State (UFS).

The socio-political and developmental health of a nation can be determined by the lived experiences of, and rights afforded to, the most marginalised within that nation. On the African continent, some of the most marginalised individuals are those belonging to the lesbian, gay, bisexual, and transgender (LGBT) community. While the health of the people of the continent has been brought into even sharper focus since the beginning of 2020 in light of the COVID-19 pandemic, it is clear that the developmental goals of the continent are threatened by the ongoing exclusion and marginalisation of, and violence against, members of the LGBT community. 

Crimes perpetrated against gay, lesbian, and transgender individuals

While discrimination and violence against LGBT persons is not a new phenomenon, there have been an alarming number of murders and crimes perpetrated against gay, lesbian, and transgender individuals over the past few months. In South Africa alone, within the first two and a half months of 2021, at least six murders of LGBT individuals occurred. Similarly, studies have shown that approximately ten lesbian women are raped per week in South Africa in an attempt to ‘cure’ them of their homosexuality and to punish them for their defiance of heterosexual norms (ActionAid, 2009). Across the rest of the continent, violence and discrimination against LGBT individuals is correspondingly rife, with one recent example being the attack on the Kakuma Refugee camp in Kenya, where many displaced LGBT individuals live. This attack led to the death of one gay man and the serious injury of another.

Legislation related to LGBT rights varies across the African continent, with some countries adopting extreme forms of legal punishment, including the death penalty and lengthy prison sentences, while others, such as South Africa, constitutionally protect the rights of LGBT individuals and legally recognise same-sex marriages. A notable statistic emerging from a report compiled by The International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA, 2019) shows that of Africa’s 54 countries, same-sex relations are only legal in 22 countries and are punishable by death or lengthy prison terms in countries such as Uganda, Nigeria, and Togo. 

Legal responses to LGBT lives 

While Africa’s legal responses to LGBT lives are often criticised by the Western world, the laws proscribing and criminalising same-sex relationships and LGBT behaviour and expressions are, in fact, one of the many lingering effects of colonialism that have been uncritically adopted within post-colonial Africa. For example, many former British colonies, such as Kenya, Uganda, Ghana, and Nigeria, continue to uphold colonial-era anti-sodomy penal codes, which punish actions ‘against the order of nature’ – that is, homosexual relationships and acts. Such penal codes were imposed in British colonies during the 19th and 20th centuries, and despite independence from Britain, many countries still enforce these penal codes and prosecute those who transgress these laws. Under the inherited British anti-sodomy laws, Kenya, as an example, prosecuted 595 people between 2010 and 2014 (Kushner, 2019). As a result of these colonial-era laws, homosexuality has misguidedly come to be recognised as un-African and a ‘threat’ to African values. 

While the legal status of LGBT individuals varies from country to country, several legal instruments aim to ensure equality and to protect the rights of all individuals across the continent. Legal frameworks such as Agenda 2063: the Africa we want, the African Charter on Human and Peoples’ Rights, and the African Charter on Democracy have been adopted and ratified by members of the African Union with the aim of guaranteeing human rights across the continent, including the rights of LGBT individuals. These frameworks explicitly use terms such as ‘all’ and ‘every human being’ to ensure inclusivity and rights for all, regardless of gender identity or sexual orientation (Izugbara et al., 2020). However, while these frameworks aspire to freedom, rights, and equality for all, there is no specific mention of the LGBT community, which leaves room for discrimination against members of this community (Izugbara et al., 2020). Similarly, while these frameworks are in place to protect the rights and equality of all citizens of the African Union, the ideals of inclusivity and equality are often not adopted or upheld by national governments.

Legal and constitutional rights 

Furthermore, even where rights and protection are legally afforded to LGBT individuals by national governments, discrimination and violence persist. South Africa, for example, is praised for being progressive in the rights and protection afforded to members of the LGBT community through its Constitution; however, when viewed in the light of the ongoing violence committed against gay, lesbian, and transgender individuals, it is clear that these legal rights and protection do not extend to the social level and to the actual lived experiences of the LGBT community. 

It is, therefore, important to understand the more deeply rooted reasons for this violence and discrimination. The work of Judith Butler (2004, 2020) provides one perspective on why the LGBT community is marginalised and victimised. She argues that within all societies there are certain individuals who are positioned as legitimate and grievable, while others are recognised as ungrievable and are, consequently, not considered legitimate citizens of the society. Those who are grievable, such as heterosexual white men in patriarchal societies, for example, are considered worthy of rights and protection, while those who do not conform to the logic of heteronormative patriarchy are ungrievable, and so the upholding of their rights and freedoms is denied based on the notion that they are not legitimate citizens of the nation. The lingering effects of racist, sexist, and puritanical colonial impositions, combined with the heteronormative patriarchal foundation of many African countries, have led to the LGBT community being among those considered (most) ungrievable, and therefore, (most) unworthy of rights, recognition, and freedom.

The question thus becomes – if members of the LGBT community are already marginalised and considered ungrievable and therefore not worthy of the rights and protection granted to legitimate citizens, can there be any possibility of their rights being upheld, even where these are enshrined constitutionally or through other legal instruments?

Cultural and social acceptance

While the legal and judicial systems in Africa play an important role in the ways in which LGBT individuals are treated, it is also clear that the law can only function to prevent such crimes and ensure the safety of LGBT individuals to a certain extent. The question then is, what more can be done to protect the rights, freedom, and ultimately, the lives of LGBT individuals across the continent? The obvious place to begin is with the decriminalising of same-sex relationships and the implementation of harsher punishments for those who commit hate crimes against the LGBT community, along with a more holistic approach that aims to conscientise people around LGBT issues and lives. Beyond legislation, there is a dire need for social, religious, and cultural acceptance of LGBT individuals. However, altering long-standing cultural and traditional beliefs and social constructs that marginalise and demonise LGBT individuals poses an enormous challenge, and as mentioned, cannot be done through legislation alone. 

One of the ways through which cultural and social acceptance is being sought is the use of art and visual activism. In South Africa, visual activism relating to LGBT lives is seen in the work of artists such as Nicholas Hlobo, the well-known photography of Zanele Muholi, and performances by Mamela Nyamza. Across the African continent, various alternative forms of resistance and LGBT visibility are emerging through, for example, pride parades, visual and political activism, and the recognition of the existence of LGBT individuals within pre-colonial African societies. These forms of resistance challenge the notions that homosexuality is un-African and a Western import, create agency for LGBT individuals, and lead to an increased visibility of the subjective, lived experiences of these individuals. These forms of resistance, therefore, play an integral role in the acceptance and equality of LGBT individuals on a more social and cultural level.

Work to be done

Clearly, there is still much work that needs to be done legally to guarantee that LGBT individuals are afforded rights and freedoms, but it is also vital that policies and programmes are developed to aid in increasing the acceptance of LGBT individuals on a social level. Without social, cultural, and religious change, legal measures alone will not end the violence and discrimination faced by the LGBT community. Overall, lesbian, gay, and transgender individuals need to be recognised as an important and natural part of African cultures and societies so that they can be positioned as grievable, legitimate citizens who are worthy of rights. Until this happens, Africa cannot truly say that it is free from colonial impositions and ideologies.

Opinion article by Dr Claire Westman, Postdoctoral Research Fellow, Free State Centre for Human Rights, University of the Free State 


News Archive

Financial and registration information for UFS students (including international students)
2017-02-22


Update: 7 February 2017


The management of the University of the Free State (UFS)
is aware of a misleading post on social media this
past weekend.

The correct facts are:

1) In December 2016, the UFS received information of a
total allocation of R189 239 000 from the National Student
Financial Aid Scheme (NSFAS) for 2017.

2) NSFAS provisionally funded 453 first-time entering
students in January 2017.

3) During 2016, 3 868 students received NSFAS funding.
Should these students qualify according to the academic
requirements of NSFAS, they will qualify to receive the
same funding again in 2017. In the meantime, due to the
current backlog at NSFAS, the UFS assisted 2 573 of
these students who qualify for funding academically.
This will enable the students to register for 2017 while
waiting for NSFAS to make the necessary allocations.
Information as on 6 February 2017 indicated that 2 330
of these students already made use of the opportunity
and have registered for 2017.

4) On 6 February 2017, the UFS received communication
from NSFAS regarding an additional amount of
R66 513 252 which is available for first-time
entering students. Approximately 875 students
will benefit from this allocation. Financial Aid will soon
finalise this process and successful students will be
notified of the allocations.

5) The UFS is in the process of resolving the
classification of the quintile schools so that more
students could be assisted.

The above-mentioned is not final and will change
on a daily basis.

There is an understandable and shared concern among students of the University of the Free State (UFS) around the cost of higher education. This has been a topic of discussion not only on national level, but it has also been a priority for the university’s senior leadership in discussions with student leaders.

The following are ways in which students receive assistance to register for the 2017 academic year:

1.    Students receiving assistance from the National Student Financial Aid Scheme (NSFAS)

1.1    Senior students

1.    Senior students who received NSFAS assistance in 2016.

a.    This group of students will receive a NSFAS allocation in 2017, subject to the following terms and conditions:
i.    If they satisfied the 50% module pass requirement for the 2016 academic year.
ii.    If they satisfied the n+2 completion requirement.

b.    Students who conform to these requirements can register as from 31 January 2017.
c.    These students’ placement in residences can also be confirmed.
d.    These students will receive an allocation for books and meals subject to the prioritisation as prescribed by NSFAS.

2.    Senior students who received confirmation of a NSFAS allocation in 2017 with outstanding debt of not more than R20 000.

a.    These students must please visit the Student Finance desk in the different registration venues to make acceptable arrangements for payment of the outstanding monies.
b.    Acceptable arrangements refer to the payment of 50% of these outstanding monies by 30 June 2017 and the remainder by 31 October 2017.
c.    These students will be allowed to continue with their registration after the above process has been complied with.
d.    These students’ placement in residences can also be confirmed.
e.    These students will receive an allocation for books and meals subject to the prioritisation as prescribed by NSFAS.

3.    Senior students who applied for NSFAS assistance in 2017 for the first time or applied previously, but did not meet the qualifying criteria, may only register with the assistance of a NSFAS allocation once confirmed by NSFAS. In the absence thereof, these students may only register after payment of the required prepayments for full registration, or they may register provisionally.

1.2     First-time entering students
The university’s Department of Finance is dealing with this group collectively based on the confirmed financial assistance by NSFAS for the group as a whole.

1.    First-time entering students to whom an allocation have been confirmed by NSFAS will receive an allocation and will be able to continue with their registration. Their placement in residences can also be confirmed. They will receive an allocation for books and meals subject to the prioritisation as prescribed by NSFAS.

2.    First-time entering students who applied at NSFAS before the cut-off dates and matriculated at schools in the quintile 1 to 3 categories will be allowed to register on providing proof of submission of their application. Their placement in residences can also be confirmed. They will receive an allocation for books and meals subject to the prioritisation as prescribed by NSFAS. Confirmation of the students who matriculated at schools in the quintiles 1 to 3 (as per the data collected with the assistance of the university’s ICT Services) will serve as sufficient evidence of the NSFAS allocation still to be made to them.

3.    First-time entering students who can provide proof that the family income is dependent on a grant from the South African Social Security Agency (SASSA)  has also been confirmed to receive a NSFAS allocation.  Their placement in residences can also be confirmed. They will receive an allocation for books and meals subject to the prioritisation as prescribed by NSFAS.

4.    Please note that the above process only caters for applicants who applied in time and who are admitted in programmes for 2017.

1.3 NSFAS prescriptions towards the allocation of funds

NSFAS determined a priority order that must be used to distribute the NSFAS allocation. The priority order is as follows:

1.    Tuition fees
2.    Books
3.    Accommodation
4.    Meals
5.    Travel

The amount awarded must be allocated according to the above priority order until it is depleted. It thus means that all tuition fees must first be paid before an allocation may be made for books, accommodation, meals, and travel.

NSFAS also prescribes that no allowance may be paid until the student has signed his or her contract. Due to the backlog with allocations to students by NSFAS, contracts for these allocations are also not made available yet.

The UFS is fully aware of the predicament the above circumstances create for students with regard to the allocations for books and meals. To assist students as a transitional arrangement, the university took it upon itself to advance an amount of R750 for meals to all registered NSFAS recipients. This advancement will be paid by the students’ NSFAS allocation after they have signed the contract. All other payments, as per the priority order, can unfortunately only be made after students signed the NSFAS contracts. Signing of contracts will be done electronically.  

The advance for meals has been available since Monday 6 February 2017. Students  are reminded that they must be registered before the amount of R750 may be advanced. Students should visit the Financial Aid Offices for enquiries.

Students are requested to support the effort of the UFS by availing themselves to sign contracts as soon as it becomes available.

Students should also note that all universities were informed this week of the backlogs that has developed at NSFAS in the processing of financial aid applications made by first-time entering students and returning students. NSFAS is giving urgent attention to the matter. The UFS is monitoring the progress closely and will communicate with the affected students, if necessary.

2.    Senior students with outstanding debt who do not receive NSFAS funding

Students may register provisionally, subject to the following terms and conditions approved by the UFS Council on 2 December 2016.

1.    Students must be South African citizens. (International students may not register provisionally because of the Immigration Act.)
2.    Students must have been previously registered at the UFS.
3.    Students must be enrolled for full-time studies and must attend lectures on one of the three campuses (open-learning students, e-learning students, and students registered with Varsity College do not qualify for provisional registration).  
4.    Outstanding balances on an applicant’s tuition fees account for 2016 must be less than R20 000.

The minimum pre-payment to register provisionally in 2017 is:
R1 900 for non-residential students; and
R6 750 for residential students.

3.    Department of Higher Education Fees Adjustment Grant for 2017

The Department of Higher Education and Training will pay the fee increase capped at 8% for all qualifying registered students with a gross combined family income of up to R600 000 per annum in 2017. This is a grant and will not have to be repaid by qualifying students. The grant will only cover tuition fees and accommodation provided by universities. Students who are recipients of bursaries and scholarships that cover their full cost of study will have to pay the percentage fee adjustment.

The following students qualify:

1.    Only South African citizens and citizens with permanent South African residence studying towards an undergraduate or postgraduate qualification in 2017.
2.    The applicant and direct family (mother, father, spouse or legal guardians) must have a GROSS combined family income of R600 000 or less per annum before tax deductions.

The following students will not have to apply for the grant as they will automatically be considered:

1.    Applicants who applied for NSFAS funding.
2.    All students who attended quintile 1, 2, and 3 schools in Grade 12.

All other students will have to apply for the fee adjustment grant. The application form is available on www.ufs.ac.za. Incomplete applications will not be considered. More information can be obtained from the Financial Aid Office.

Students who are unsuccessful in their application may appeal within 14 days of the outcome of the decision by completing an appeal form which will also be available on the university's website at http://www.ufs.ac.za/kovsielife/unlisted-pages/bursaries/financial-aid.

The closing date for applications is 15 February 2017.

4.    International students

The prepayments for 2017 as approved by the UFS Council on 2 December 2016 are:
1.    Non-resident students: R28 160
2.    Resident students: R43 160

The following concessions were made to assist international students to meet the financial requirements for 2017 as approved by the UFS Council on 2 December 2016:

1.    Students who are unable to pay the full amount must visit Student Finance in registration venues.
2.    All outstanding monies of the previous year must be paid in full.

3.    The prepayment amount for 2017 will be calculated for each student based on the following:
a.    A minimum payment of R12 820 for non-resident students and R22 725 for resident students is payable before registration can be considered.
b.    A quotation will be prepared based on the academic advice for 2017.
c.    A payment agreement for the balance of the pre-payment or the first semester’s fees is signed by the student.
d.    This amount is payable not later than 31 March 2017.
e.    The registration of these students are subject to the on-time payment of the agreed amounts.    
The current position of the Department of Home Affairs is that all students who have pending applications should be allowed to register on condition that they produce their study visas by 31 March 2017 (Refer to the Minister’s Dispensation Immigration Directive 26 of 2016).

International students may apply for an emergency travel document at their respective Embassies/Consulates, as this will allow for cross-border travelling and will give the student an opportunity to register on site.

Students should bring or email a copy of their receipts as proof that they have applied for their study visa and a certified copy of their passport (issued by the South African Embassy or Consulate), confirmation of their medical aid (a SA medical aid registered under the SA Medical Schemes Act 131 of 1998). Students will have up until 31 March to submit their study visas to Mrs Niemann at the Office for International Affairs, located in the Mabaleng A Building on the Bloemfontein Campus; email: niemannaja@ufs.ac.za. Failure of which will result in deregistration of students.

Zimbabwe: Because Zimbabwe no longer issues emergency travel documents,  students from Zimbabwe must email a certified copy of their passport and receipt (issued by the South African Embassy or Consulate), and confirmation letter of the medical aid to Ms Jeanne Niemann from the Office for International Affairs on the following email address: niemannaja@ufs.ac.za. In doing so, students will be able to register online provided that their finances and their admission requirements are in order.

International students should note that the blanket concession was only for final-year students that could not complete their studies due to exams being written at the beginning of the next academic year.  If a student returned home in December 2016, this concession expired and the student had to re-apply for a study visa or apply for a visitor’s visa. The relaxed requirements will apply only to final-year students who were not meant to return and continue studies in 2017.

Please see the following explanation of the Blanket Concession:

CLARIFICATION – BLANKET STUDY VISA EXTENSION TO 31 MARCH 2017

Circular 31 of 2016 has reference.

The International Education Association of South Africa (IEASA) has brought to our attention that there may be some confusion regarding the blanket administrative extension to 31 March 2017 of study visas with an expiry date of or prior to 31 December 2016 granted by the Department of Home Affairs in Immigration Directive No. 25 of 2016.

The Department of Home Affairs has confirmed that the Directive does not serve as a replacement visa for students travelling home in December 2016. This Directive serves as an extension of current visas for students who need to complete their academic programmes in 2017. The DHA has advised that should any final-year students be travelling to their home countries in December 2016, they would need to return in January 2017 with a visitor’s visa.

5.    Enquiries

Bloemfontein and South Campuses:

Undergraduate and honours students: +27 51 401 3003 / 2806 / 9090 / 9670 / 2817 / 9669

Postgraduate students (Master’s and Doctoral): +27 51 401 9537

Refunds: +27 51 401 7050

Student cards (meals and books): +27 51 401 2799 / 3337

Collections: +27 51 401 3643 / 3448; Fax: +27 51 401 3579

Email: tuitionfees@ufs.ac.za  

Qwaqwa Campus:

Client Services: +27 58 718 5024 / 5119 / 5262

Student cards (meals and books): +27 58 718 5026

Cashiers: 058 718 5028; Fax: +27 58 718 5118

Email: nchapiem@qwa.ufs.ac.za

International Office:  

+27 51 401 3219

 

Released by:
Lacea Loader (Director: Communication and Brand Management)
Telephone: +27 51 401 2584 | +27 83 645 2454
Email: news@ufs.ac.za | loaderl@ufs.ac.za
Fax: +27 51 444 6393















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