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03 August 2022 | Story Nontombi Velelo | Photo André Damons
Nontombi Velelo
Nontombi Velelo is a PhD student, Social Science Programme Director, and Sociology Lecturer at the University of the Free State (UFS).

Opinion article by Nontombi Velelo, PhD student; Social Science Programme Director and Sociology Lecturer at the University of the Free State.


History reminds us of the 20 000 women who marched to the Union Buildings on 9 August 1956, calling for the free movement of black women in South African urban areas. This act illustrated the sisterhood bond that the early feminist thinkers aspired to, since women from different backgrounds and races participated in the march. The women who participated in the protest challenged the systematic oppressive and racist rules of the apartheid regime. As one reflects on this phenomenon, one recognises solidarity among the women of 1956, which dispels the perception that women cannot unite for a common cause. It also creates an illusion that South African men and women are comrades in the struggle since they fought against colonialism and apartheid and, to some extent, share similar experiences regarding violation of human rights. Therefore, the most logical action is to have a common understanding of systematic oppression, violation, and exclusion.

Post-apartheid, 28 years into democracy, South African women still find themselves existing within similar conditions from the past. Most people invested efforts in unpacking women's experiences as victims of gender-based violence (GBV), the causes of GBV, and possible remedies for GBV. Undoubtedly, GBV has presented itself as a social ill and demonstrates the coercive power dynamics that exist within society. President Cyril Ramaphosa has declared gender-based violence as the South African pandemic, yet the government has undertaken no active efforts to respond rather than react to the phenomenon. Instead, the state has paid lip service to what needs to be done to ensure the safety of women in the country. Between October and December 2021, more than 900 South African women were murdered; these are reported cases, but there are many unreported cases related to GBV and femicide. Approximately 51% of South African women have experienced some form of violence. The call for the free movement of women in the country is far from being answered.

The issue of GBV has distracted us from recognising other existing problems experienced by women in South Africa – unemployment being one of them. Statistics South Africa (Stats SA) reported that 42,1% of South African households are headed by women, 39,6% of urban households are headed by women, and 47,7% of rural households are also headed by women. The issue is that 36,4% of these women are unemployed and living under the harsh realities of extreme poverty – remembering that some are single parents taking care of their dependent family members. We should not forget the problem of absent biological fathers who are neither emotionally nor financially present in their children's lives. They are responsible for ensuring that the basic needs of their children and dependent family members are addressed. We often assume that social grants should help relieve the pressures of unemployment and childcare; however, the reality is that it cannot even reduce half of SASSA beneficiaries' needs due to the escalating prices of commodities. Those fortunate enough to find employment are confronted with the constant battle of pursuing their career ambitions and family lives. Women excelling in their careers are often perceived as having failed in their family responsibilities (being good mothers and wives). The bread-and-butter issues have become a thorny subject for women who are unemployed or pursuing their careers.

The other challenge is the issue of land restitution and distribution and its role in addressing socio-economic inequalities and challenges. Though the land restitution and distribution debates advocate equal land distribution among men and women, few women have land ownership. Approximately 13% of South African women have private ownership of farmland. However, things have not changed for women living in rural areas since the discourse around land reform. Women in rural areas are subjected to the sexist oppression of traditional leaders, who do not recognise the importance of land ownership by women. In some contexts, it is perceived that women do not have any form of rights or privilege to landownership. Social norms do not encourage us to recognise women as landowners – land ownership is often recognised under marriage. If the husband passes on, the land will belong to his family to avoid losing it if a woman remarries. Due to patrilineal inheritance custom, a boy child will often be the one to inherit the land rather than a girl child. Therefore, some traditional norms do not recognise women as entitled to land ownership.

Women are vulnerable to climate change resulting from their poor socio-economic background. Women in rural areas represent a higher percentage of poor communities and depend for their livelihood on the natural resources threatened by climate change. Having a lack of access to natural resources puts women in stressful situations. In most cases, it is the responsibility of women in rural areas to ensure that their dependent family members have access to clean drinking water. When there is no access to water, for example, women would have to find means to get water and, in some cases, even travel long distances to find water. Also, they are the ones expected to gather wood to ensure that their children are fed and have drinking water. In most communities, women are not active participants in decision-making. We have internalised the notion that men are more rational leaders than women; therefore, we tend not to acknowledge women's voices in decision-making.

Commemorating Women's Month

9 August celebrates the monumental achievement of the women of 1956 who fought against sexist and racial segregation. Those women understood their enemy and united in dealing with the enemy. The present-day women are confronted with intersecting challenges. I believe South Africa should not commemorate Women's Month, since women still do not have freedom and still experience the violation of their human rights. We need active solutions, like the 1959 women, to mitigate our challenges. There is nothing to celebrate about being a woman in South Africa, since womanhood is subjected to abuse, violation, and exclusion. Without minimising the efforts and contributions of those who came before us, we should mourn the social injustices directed at, and the traumatic experiences of, South African women. The notion of imbokodo subjected women to systematic dominance, disrespect, violation, and exploitation. The lives of South African women are devalued; they continue to experience trauma imposed by the system of patriarchy.


News Archive

The failure of the law
2004-06-04

 

Written by Lacea Loader

- Call for the protection of consumers’ and tax payers rights against corporate companies

An expert in commercial law has called for reforms to the Companies Act to protect the rights of consumers and investors.

“Consumers and tax payers are lulled into thinking the law protects them when it definitely does not,” said Prof Dines Gihwala this week during his inaugural lecture at the University of the Free State’s (UFS).

Prof Gihwala, vice-chairperson of the UFS Council, was inaugurated as extraordinary professor in commercial law at the UFS’s Faculty of Law.

He said that consumers, tax payers and shareholders think they can look to the law for an effective curb on the enormous power for ill that big business wields.

“Once the public is involved, the activities of big business must be controlled and regulated. It is the responsibility of the law to oversee and supervise such control and regulation,” said Prof Gihwala.

He said that, when undesirable consequences occur despite laws enacted specifically to prevent such results, it must be fair to suggest that the law has failed.

“The actual perpetrators of the undesirable behaviour seldom pay for it in any sense, not even when criminal conduct is involved. If directors of companies are criminally charged and convicted, the penalty is invariably a fine imposed on the company. So, ironically, it is the money of tax payers that is spent on investigating criminal conduct, formulating charges and ultimately prosecuting the culprits involved in corporate malpractice,” said Prof Gihwala.

According to Prof Gihwala the law continuously fails to hold companies meaningfully accountable to good and honest business values.

“Insider trading is a crime and, although legislation was introduced in 1998 to curb it, not a single successful criminal prosecution has taken place. While the law appears to be offering the public protection against unacceptable business behaviour, it does no such thing – the law cannot act as a deterrent if it is inadequate or not being enforced,” he said.

The government believed it was important to facilitate access to the country’s economic resources by those who had been denied it in the past. The Broad Based Economic Empowerment Act of 2003 (BBEE), is legislation to do just that. “We should be asking ourselves whether it is really possible for an individual, handicapped by the inequities of the past, to compete in the real business world even though the BBEE Act is now part of the law?,” said Prof Gihwala.

Prof Gihwala said that judges prefer to follow precedent instead of taking bold initiative. “Following precedent is safe at a personal level. To do so will elicit no outcry of disapproval and one’s professional reputation is protected. The law needs to evolve and it is the responsibility of the judiciary to see that it happens in an orderly fashion. Courts often take the easy way out, and when the opportunity to be bold and creative presents itself, it is ignored,” he said.

“Perhaps we are expecting too much from the courts. If changes are to be made to the level of protection to the investing public by the law, Parliament must play its proper role. It is desirable for Parliament to be proactive. Those tasked with the responsibility of rewriting our Companies Act should be bold and imaginative. They should remove once and for all those parts of our common law which frustrate the ideals of our Constitution, and in particular those which conflict with the principles of the BBEE Act,” said Prof Gihwala.

According to Prof Gihwala, the following reforms are necessary:

• establishing a unit that is part of the office of the Registrar of Companies to bolster a whole inspectorate in regard to companies’ affairs;
• companies who are liable to pay a fine or fines, should have the right to take action to recover that fine from those responsible for the conduct;
• and serious transgression of the law should allow for imprisonment only – there should be no room for the payment of fines.
 

Prof Gihwala ended the lecture by saying: “If the opportunity to re-work the Companies Act is not grabbed with both hands, we will witness yet another failure in the law. Even more people will come to believe that the law is stupid and that it has made fools of them. And that would be the worst possible news in our developing democracy, where we are struggling to ensure that the Rule of Law prevails and that every one of us has respect for the law”.

 

 

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